Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?
Has anyone coined a word like 'PWMB' for all the PWMB's who were at ill luck after Sep VB?
TTACOriginally Posted by 03May07
Third time's a charm.
My PD is Jan-2008, I hate wasting time rejecting good opportunities outside...at the same time I can't take the decision of accepting the newer opportunities with the fear of boarding next PWMB....
Still thinking....not sure what I'll do now since Spillover-2011 suspense has concluded.
Good Luck with your decisions, people like me.
I think expecting the dates to not even reach Oct in 2012 may be too pessimistic. I think Nov 2007 should be nearly certain. But guys in dec 07/Jan feb 08 are the ones who are in limbo which reminds me maybe we should try inception in CO's mind.
I think we cannot really estimate porting and its impact. I see the 6k number being mentioned a lot but that is for the whole year after the year has been completed. We cannot really take 6k divided by 12 to be 300 per month. The amount is 6k on the whole and cannot be divided equally for each month. Some months may have heavy porting and some may be less. Filing for GC costs money to a company and that will be decided by the budget the department has. I would assume porting in the first quarter of the financial year will be more because the company will have the budget for it.
Finally not all EB3 I people think alike. Some are willing to port and some prefer to stay on EAD, but that is for the current scenario. People in either groups could change their mind and this will impact porting numbers fluctuating it further. So the bottom line is that the dates for each month could move erratically based on number of porting that month and taking a 300 count for porting per month is a fallacy.
Plus i believe July 2007 is the stumbling block for EB2 as i think someone mentioned that people being on EAD for 4-5 years is not really making CIS happy or something to that effect. WIth a count of 70 k people on EAD waiting for GC for last 4 years expecting CIS to make BTM just to get more EB2 people into EAD is not logical and for all those people who are quoting the law that EB2 has to be current for EB3 to have spillover, please realize that CIS does what it wants to do to clear the queue and it would not be the first time that CIS has bent the law to do that, and neither will it be the last.
Last edited by PlainSpeak; 08-12-2011 at 08:51 AM.
I am in Sep 2007 (17th sep to be exact)
I guess you have to stick to your current job till you get the GC.
BSEV - Black Swan Event Victims
Very well put together. I totally agree with your comments, I have been using the same reasoning for couple years.
Would this not be more appropiate
BSEV - Black September Event Victims
BSBV - Black September Bulletin Victims
Hello friends,
I was a follower of Q's analysis on Immig Voice before he moved to this. Till now, I've been reading this blog diligently every day. I really appreciate the work that every single person on this blog has done including but not limited to Q, Spec, Teddy, Veni and others.
With PD of July 2008, I am faced with the question every day I wake up, should I change or should I continue. It is hard to see so many good job opps. go plus the fact that my wife who has MBA degree from top school in Mum can't work. All this makes you think .. heck with it..
Anyways, I told myself I will not allow this wait to stunt my growth. I registered LLC last year, hired a person and have humble no of clients so far. This has given me a sense of satisfaction.
I have a question for you gurus...
My PD is June 2008.... So as its only hopeful for 2013....
Now I am with Co A who holds my I-140.... If I move to Co B in Jan 2012 and start the PERM and then later I-140, I am looking at clearing this by 2013 summer. So its good as you guys suggest.
But my Co A is not going to revoke my I-140 for sure, because I had already discussed this with him (the Co A I work for is a very small American Co).
So my questions are
1. Even if my PERM got audited and is delayed or even if my I-140 got RFE and got delayed and is not decided by 2013 summer. I can still use the I-140 from Co A and join back in Co A and use it to apply for 485 right?
2. Can I can go to Co B in 2012 Jan and come back join back Co A when my dates are current and then apply for 485?
3. If all goes well and I got new I-140 from Co B and when dates are current in 2013 summer (and as I said earlier my I-140 from Co A wont be revoked), does that mean I can apply 485 from Co A or Co B?
I am seriously considering these options, gurus please advice me with your opinions...
At the pain of repetition, nowhere does the law use the word "Current".
It says that spare visas cannot be given to a group lower in the pecking order until there are no further qualified applicants in the the higher group.
DOS can and have said they can use estimates of future Demand to set the Cut Off Dates.
It is quite possible, within the law, to have a situation where EB2-IC COD has been set to a future fixed date based on estimated demand, but because of processing delays, no further qualified applicants remain to allocate a visa to.
In this situation, it fulfils the conditions to spill the visas further.
Whilst DOS may need to take processing time into account, ultimately it is not their problem and, other than CP cases, out of their direct control.
They have the job of ensuring no visas are wasted and that each Category receives as close to the statutory numbers (28.6% each for EB1-3) without exceeding them. In this context, spillover can be considered as bonus visas.
No law says that if actual demand runs out at a point in time (as opposed to known demand in existence) that the COD must be made Current, particularly if the Category has reached at least the statutory numbers. That only requires extra visas equal to the FA within EB2.
No law has been either broken, or bent in doing this IMO.
As a separate issue, given that for F2A, DOS continued to move the COD, even when normal limits applied and demand probably exceeded the monthly allotment, I agree that DOS will likely do "what they think necessary" to manage the situation "as they see fit".
That makes it extremely difficult to guess what DOS may, or may not do.
Last edited by Spectator; 08-12-2011 at 09:43 AM.
Without an irritant, there can be no pearl.
Lets not add any more insult to the injury, lets keep calling ourselves PWMB :-(
I am a person who has been in this country for 10 years and have filed mutiple H1extension and am on EAD and i can tell you this with certainity that nothing is certain in the GC process. I know of someone who got his GC and was harrased at POE as to how come he got his GC in 5 years. I myself was harrased at POE when i came back on AP where the officer asked me to prove to him that i was legal in this country on H1B before i filed for 485.
Hence worrying about H1B stamping issues in India is just a small part of what you will face further down the line. The ultimate safe point is citizenship so hankering for atleast a EAD/AP to be safe from H1B stamping is short term thinking.
The bottom line is till you get your GC you are an Alien in this coutry albeit a Legal Alien but still an Alien.
Since no one can predict the future and since VB prediction is more difficult that predicting the future, it would be better for all Post July 2007 people to start thinking of backup plans, if they cannot file for 485 in near future. Those who have better job offers should take the offer based on thier risk tolerance and kind of company they get the offer from and how much the company will supoport their GC process.
Myself with PD 2005 in EB3 India have stopped thinking about GC and have started thinking about my backup plan and thatis to make as much money as possible. So that is my criteria - MAKE AS MUCH MONEY AS POSSIBLE - and screw this GC process. If i get GC then good if not atleast i made money and gained experience and knowledge and promotion which will assit me in getting a job back in India.
It says that spare visas cannot be given to a group lower in the pecking order (EB3 People who have not filed for 485) until there are no further qualified applicants in the the higher group (EB2 People who have not filed for 485)
Nowhere does the above statement mention about EB3 People who have filed for 485 bacause of July 2007 fluke.
This law is correct when both EB3 and EB2 are waiting for filing 485 (Post july 2007 people), but teh law makes no reference to EB3 filed 485 waiting fior visa numbers as they have slipped through the cracks and CIS will try and fill up this crack as soon as possibel and also make sure something like thsi does not happen in the future and hence no BTM in future.
Agree with your below statement
I agree that DOS will likely do "what they think necessary" to manage the situation "as they see fit". That makes it extremely difficult to guess what DOS may, or may not do.
Last edited by PlainSpeak; 08-12-2011 at 09:47 AM.
I agree with you.
We are Aliens. In the American people's eyes, we are not much different from the Mexicans cutting grass for them.
I have prepared myself for the worst cases senario. I kept studying as much as I can in the past several years. I obtained several certifications and also save money as much as I could.
If in one day our GC fails, what will we do? At least we need to have some money and have some skills. I think it's a good idea to study in office time and learn more stuff. It's a waste of time to work on routine tasks that will not benefit our future career. For me, I do Minimum for this company, but I learn a lot by checking websites and taking some evening classes. It will be stupid if we work hard on stupid routine work everyday when they treat us like crap.
We have to be street smart!
Last edited by qblogfan; 08-12-2011 at 09:50 AM.
Seedhabhol(Plainspeak) bhai...add SAVE AS MUCH MONEY AS POSSIBLE too in your clause... making money is duty and saving money is an art... i am still trying to figure that out though...
Yes, DOS can find 1 million excuses to justify what they do.
We can't argue with these people. We are the meat and they are the knife.
We are powerless and we have to accpet whatever they tell us.
It's sad, but it's the fact.
Kolu... Now a days company lawyers are recommending companies to revoke 140's as per legal rules... so make sure you understand the whole scenario before taking a plunge... i am saying this as you are dealing with an american corp....
hey QBF bhai... how are ya... r u ok now? ... dude... i was wondering why can't china PD move faster than india in coming months... your PWMB's and backlog numbers are way less than India right... cant see why it can't be done... also going into 2008/09/10, chinese numbers are really really low...
september bulletin brought so much pessimism
let's not forget the net reduction in EB2IC is 26k, and if the same thing repeats 2008 will be cleared by sept2013. I think the expectations went so high after June bulletin and in turn people are now so low in confidence.
if Eb2 has no documentarily qualified demand then visas will go to EB3, fair enough, how one can prove that there is no demand if the dates are not current, if DOS doesn't move EB2 date and visas are given to EB3 then let's all of us be ready (eb2 and eb3) for class action law suit, we all will be making so much money we can file in EB5.
Though its an American Co, its just 20 employees here and the Co uses my Desi Attorney with whom I been associated for more than 4 years.
I think any class action law suit will bite the dust because of the keyword documentarily qualified demand which means demand which CIS knows about and can be documented and that is all the 485 apps CIS knows it has and 90 % of that is EB3 apps. Post July 2007 EB2 and EB3 people who have not filed for 485 are NOT documentarily qualified demandseptember bulletin brought so much pessimism
let's not forget the net reduction in EB2IC is 26k, and if the same thing repeats 2008 will be cleared by sept2013. I think the expectations went so high after June bulletin and in turn people are now so low in confidence.
if Eb2 has no documentarily qualified demand then visas will go to EB3, fair enough, how one can prove that there is no demand if the dates are not current, if DOS doesn't move EB2 date and visas are given to EB3 then let's all of us be ready (eb2 and eb3) for class action law suit, we all will be making so much money we can file in EB5.
The current EB2-C demand before 2008 is 3200, plus some extra PWMB numbers, it will be close to 6000 or sth.
I think I may have to wait for 2013 to get GC.
The next summer is not a sure thing. If Mr.CO opens the gate too late, EB2-C&I will get nothing. Nobody can assure us that they will give SO to EB2 next year. It's very possible they will use the SO to solve the EB3 backlog. If that happens next summer, we will get into big trouble.
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