EB2-3 Predictions (Rather Calculations) - 2014

[CleanSock]

Does this mean we have a chance of good spillover next year?

DOL Perm process target for 2015 : 250-350 days, 2014 target was 150-225 days.

http://immigration-law.com/


DOL Stategic Plans and Performance Goals FY 2014-2018 and Foreign Labor Certification Programs

DOL developed its 5-year strategic plan and performance goals for various programs for the Department. For the Office of Foreign Labor Certifications, because of the uncertainity of the comprehensive immigration reform activities at the legislative level and administrative level, it could only determine the goals for performance goals for PERM program for two years (2014 and 2015).

2011 2012 2013 2014 2015 2016 2017 2018
H-1B (7 days) 100% 100% 100% 100% 100% 100% 100%
H-2A (30 days) 80% 80% 80% 80% 80%
H-2B (30 days) 85% 90% 90% 90% 90% 90%
PERM (Audit Track) 305-450 days 475-600 days ? ? ?
PERM (Non-Audit Track) 150-225 days 250-350 days ? ? ?
Employers should be prepared to deal with anticipated further delays in processing of PERM applications in FY 2015 which starts from October 2014. We were hoping that the processing times for PERM would be improved in the near future, but the DOL had set the target much lower for the FY 2015 for whatever reasons. For the foreign labor certification program in this five-year strategic plan, please visit pp. 54-56.

[Seeking_GC_Since_Jun_2008]

I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

Yes, I was thinking of the same next week...Good Luck and keep me posted..Check you PM by the way!

[Seeking_GC_Since_Jun_2008]

I think sometime next week i've to go ahead with the below option:

Seek assistance of Ombudsman: http://www.dhs.gov/case-assistance After speaking to NCSC L2 I was so mad that I wanted to kill someone but that would make me a permanent resident of a different kind. So I submitted a DHS 7001 Request with on 9/2/2014.

Yes, I was thinking of the same next week...Good Luck and keep me posted..Check you PM by the way!

[vizcard]

Does this mean we have a chance of good spillover next year?

Definitely improves the chances.

[vizcard]

Does this mean we have a chance of good spillover next year?

Definitely improves the chances.

[IsItWorthTheTrouble]

Thanks Q, found it!

Can you pls post/pm me the link? Thanks, Seeking.

[IsItWorthTheTrouble]

Thanks Q, found it!

Can you pls post/pm me the link? Thanks, Seeking.

[qesehmk]

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

[nbk1976]

@Imdeng: Are you a university faculty member? If so, try to get an adjunct professor position and this should suffice for AC21. You don't need to have an "indefinite" job, but you need to show a pattern or history of moving from job to job in the same job classification with little or no gaps. Many community colleges have adjunct requirements every semester. Of course, the pay will be much lower as an adjunct, but for the purposes of AC21, the main requirement is the job should be near identical, and you should be able to support yourself without need of government assistance.

[suninphx]

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

Thanks Q !

[imdeng]

Excellent timing Q. It is time for us to move on to FY2015 details. It is going to be an interesting one - especially from EB3 POV.

We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE

We can use this thread for 2015 predictions. All gurus are welcome to update their posts at the top of this thread whenever they wish. I will update my initial take within a week.We will archive Sep posts at the end of this month. We have preserved the threat so that people don't have to change their bookmarks! It was a lot of work ... but finally I am done with it.

[imdeng]

Thanks nbk. Seems like I will be able to land another tenure track position - so it should work out okay.

@Imdeng: Are you a university faculty member? If so, try to get an adjunct professor position and this should suffice for AC21. You don't need to have an "indefinite" job, but you need to show a pattern or history of moving from job to job in the same job classification with little or no gaps. Many community colleges have adjunct requirements every semester. Of course, the pay will be much lower as an adjunct, but for the purposes of AC21, the main requirement is the job should be near identical, and you should be able to support yourself without need of government assistance.

[iatiam]

Any idea when the VB will be out? What's been the precedent.

[reachme_s]

Any idea when the VB will be out? What's been the precedent.

It's usually the 9th of every month..

[imdeng]

This week sometime. Its usually later in the week than earlier - but its already 8th today - so shouldn't be too many days now.

Any idea when the VB will be out? What's been the precedent.

[sanjeevsinha05]

Hi,

Can someone help me to understand the process of I140 Concurrent filing. I am expecting my labor in EB2 Category (PD: April 2014) to be approved in a couple of weeks. I do have an earlier PD (Dec 2008) from my EB3 filing.

Considering my date is current (EB3 PD), can you please let me know, if I can concurrently file my new I140 & I485 together, or first I have first file my new I140 and get it approved and port the EB3 PD, and then only I can file my I485?

Thanks in advance...

[jimmys]

Hi,

Can someone help me to understand the process of I140 Concurrent filing. I am expecting my labor in EB2 Category (PD: April 2014) to be approved in a couple of weeks. I do have an earlier PD (Dec 2008) from my EB3 filing.

Considering my date is current (EB3 PD), can you please let me know, if I can concurrently file my new I140 & I485 together, or first I have first file my new I140 and get it approved and port the EB3 PD, and then only I can file my I485?

Thanks in advance...

You can file concurrently and give a letter to USCIS to port your date from previously approved I-140. If I were you I will file it concurrently as the dates may retrogress anytime in the next couple of months.

Filing I-140 first then I-485 is considered safe approach by a few lawyers. But you may miss your opportunity to file I-485 when I-140 is approved.

[vckomara]

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

[Kanmani]

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

No. You cannot. EAD is a interim relief with its validity rely purely on the pending I-485.

Can you ask the USCIS to put your I-485 application pending for ever? I don't think so.

[imdeng]

You can not stay on EAD forever - whenever you become current, your case will be approved or denied - there is no third option. With the decision the role of EAD is over. However, are you sure that your job change will not meet AC21 requirements? They are pretty broad and I have not come across any case of 485 being rejected because of AC21 requirements not being met.

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

[vizcard]

All: I am on EAD and my PD is Sept 2009. Based on your predictions., I won't get Greened at least until end of 2015 which is long period to wait to switch jobs for me. Is it possible to indefinitely continue on EAD without taking Green card even when there is an opportunity to do as The job I take up may or may not qualify for AC21

You have 2 options -
1) try to see if you can word the new job description to be similar to the old job to qualify for AC21. As imdeng mentioned there's quite a wide latitude for what qualifies. Unless u are doing something drastic like nuclear scientist to programmer you should be able to get away with it. If you feel comfortable, list out the high level job descriptions on this forum and perhaps members could opine.

2) restart your GC process and port your old pd. You should get perm approval in 9-12 months and can concurrently file 140/485. I would only recommend this if you really want the other job and are willing to potentially wait another year to get approved.

[PD2008AUG25]

OCt bulletin out: Eb2I same.

http://travel.state.gov/content/visa...ober-2014.html

[NewHope]

Hi Spec, Q,Kanmani, Viz & others
I need your valuable advice from you guys on the following issue, Posting it here as it most active thread, Moderator's Please feel free to the appropriate thread

I need this information for my friend who had to abandon her GC due to some unavoidable circumstances,
Her GC will expire in 3/15 and last port of entry year is 2008, now her Indian company wants her to go to US for 2 weeks to care of some office work, they are asking her to surrender her GC so that they can apply for B1 visa. she is not willing to surrender her GC,
Is she eligible for re-entry permit and will it get approved ?
Her company is saying that the re-entry permit will be denied for sure and cost associated for re-entry permit is HIGH.
Is there a way she is reinstate her Green Card with out applying for B1 visa?

I really appreciate your help and thank you very much for your advise in advance.

[CleanSock]

Bulletin update so early in the morning? Interesting. All the gurus in the forum were predicting that EB2I is going to stay put and that's what happened. Dates are definitely going to retrogress next month as CO mentioned it specifically in the bulletin.

"INDIA Employment-based Second Preference: Increased demand will require the retrogression of this cut-off date, possibly in November, to hold number use within the fiscal year 2015 annual limit."

OCt bulletin out: Eb2I same.

http://travel.state.gov/content/visa...ober-2014.html

[EB2IndSep09]

Now it is evident that the dates would retrogress. Any calculated guess from gurus when they would move forward again?