So, if the estimate is that there are 5K - 8K spillovers is still available, the dates might move to anywhere between beginning of July to mid Aug. Porting, PWMB, etc might push back the movement by a few weeks from the above calculation.
I know I am moving aways from the thread in asking this Q, but better now when the VB is not out.
A complany agreed to file H1 for my spouse on who is on H4. Does a H1 approval automatically change her status to from H4->H1, or only when we apply for a change of status that the H1 is considered active and till that time the H4 and i-94 are considered in status?
Last edited by srimurthy; 07-19-2011 at 02:37 PM.
COS - Change of status
If H1 is approved COS is automatic.
H1 approval with I94 card at the bottom. She is good.
H1 approval with missing I94 card at the bottom. She has to go to home country for stamping and come back with stamp.
Since this is COS she will have to wait for H1B approval papers in hand with I94 before she can start working.
Last edited by PlainSpeak; 07-19-2011 at 03:05 PM.
Thanks for the quick response.
"H1 approval with missing I94 card at the bottom". If she doesn't go back to home country for stamping does that mean H4 and I94 are valid and status is active or she is out of status?
USCIS dashboard now updated up to May 2011. Massive number of I-140 approvals in May: http://dashboard.uscis.gov/index.cfm...=5&charttype=1
Last action rule willcome into effect. Last action rule states that which ever event happened last (latest) wil be used to determine the status of the case. In this case if 194 missing in approved H1B then she is has changed to H1B and needs to go to india to get stamping done before working and her H4 and H4 I94 is invalid. If you does nto go to india and doe snto work then she wil be on bench and out of status. In such case she can try and revert back to H4 based on your H1B. If H4 approved then H1B gets invalidated (Last Action rule) and she is back on H4
Last edited by PlainSpeak; 07-19-2011 at 03:02 PM.
soggadu used to be yesteryear and late telugu hero shobhan babu nickname..he is very famous for his handsome looks and was know to be as "nuttokka jillaliki andadgadu"(most handsome person among 101 districts)...he was so attached to that name he didnt comeout in public in his later years so that people would always remember him as the handsome person...
Hi Qblogfan,
Do you have a copy of the LCA filed for your PERM. They would have sent it to you for your signature. In that Perm you should see under what category they have filied your petition.
Btw I hope & pray they filed it under EB2. I always grib about our GC journey as we are waiting to do an interfile between spouse on our 4th labour petition provided if the date comes current after 12 yrs of US stay. So dont give up & All the Best.
I would say standard comment in employment based section notes in last few Vb is missing because that way there will be no way for EB community to anticipate if CIS moves the dates in in an unexpected direction or fashion. Keeps us in the dark and we have less to go on. All predictions are great and mathematically correct but when there is no guidance in VB, CIS has more leeway to go any way they want with the VB dates.
This explains the Aug bulletin implicitly. If the overall number of I140 approvals rise the EB1 and EB2 ROW will also rise, so looks like they may focus on these categories to ensure that all the corresponding 485's are approved this FY itself. That may explain why the Aug bulletin was a bit guarded. The next inventory can give us some idea if EB2 ROW + EB1 Reduce.
Great post Spec, what a huge difference betweeen Jun and Jul. Looks like with conservative estimate the dates might just touch June.
Your question is directed to gurus, but I will still try to put my thought here![]()
The range of SO for us was 3k to 10k , in my opinion, from this 19k. So if this dashboard trend continues on, and USCIS clears the concurrently applied 485s this FY itself, then I think, we would get the bottom range of 3k approximately, and dates would barely reach June. And looks like then, for sure, wait till late Q2 or beginning Q3 for the dates to reach August 15th 2007, ideally in one move, and then the next move might range from 6 months to a year.
sogaddu, I am flattered! If only my H1B mazdoori job or my naughty 3 year old would let me spend more time on analysis and crunching numbers, I could maybe try reach the heights of Spec, Teddy, Veni, Q....
damn the EB1 and EB2 ROW, what bad economy, all these dudes are applying merrily .. grrrrr... just kidding![]()
I agree that it's a cautious move from CIS to not let EB2IC trump deserving EB2ROW & EB1 applications visas.
However, they don't have to be cautious in the last month of the FY, i.e Sept bulletin. 30 days is barely sufficient for any PWMB to get through system. At the same time, 60 days is also a tight for Eb1/EB2-ROW to get cleared.
I believe that DOS planned this throttle of flow for August-VB much before. Since they allotted sofad more or less equally for July-August-Septmeber in 2010, they tried to front-load this year. I still think there's at least 4-7 k of visas for EB2IC for the month of September alone.
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