Please advise when I might become current to file for 485 and when I can anticipate GC .
Eb2 Ind PD Dec 4th 2007
Please advise when I might become current to file for 485 and when I can anticipate GC .
spillover can't NOT be subject to quota.
And quota doesn't determine eligibility to file 485. Since EB5 is current everybody can file in EB5 as long as other conditions are fulfilled.
Originally Posted by Kanmani
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Yes, was using iPhone
Had a great time in bay area. And the good news of July 15th 2007 on friday, was causing great happiness there, as my cousin has PD of 18th April 2007, and his company had told him layoff in December of this year, so he is highly hopeful of getting GC before that now.
I fully expected later PDs to get the "waiting for visa number" status from customer service, but he is so nearby, so hopefully should get it.
Last edited by nishant2200; 09-13-2011 at 03:02 PM.
As Gurus and others have been asking.. please do not ask questions related to your personal PD.
See the Post # 1. Read last few pages and you will definately get an idea of your case.
To answer your question - Refer to post #7383 (it was posted just today).
I still think it can be argued in different ways. It can be a lawyer's position that the premise of the 0 allocation to EB5C for this year is being circumvented by using SO as an bypass. This is the kind of stuff which makes for interesting law cases. My own father is a lawyer, as well as most of my maternal family, so been seeing some action since childhood
Does your prediction take account of the fact that the PERM case numbers do not truly represent the priority date? In many case there is a 2 month lag.
The perm case number has the filing date (PD) as a julian date. For the current prediction I have assumed 6K porting and the distribution as roughly 2.5K per month.
The two months lag will be cancelled
example
A. Case number A-06300-xxxx registered in November 2006 but Perm actually filed in Jan 2007 ( PD in Jan 07)
B. Case number A-07300-xxxx registered in Nov 07 but has PD in Jan 08
A and B get cancelled eachother, assuming
Total nos of A = Total nos of B ( or)
Total nos of A - Total nos of B = negligible
Remember, we all signed a petition and sent it to our respective congress members, I got a reply today. Here it is
Dear Mr. Piratla:
Thank you for your letter in support of making more employment-based U.S. visas available for highly-skilled foreign workers. I appreciate knowing your views on this matter.
Employment-based visas to the U.S. are significantly oversubscribed, which has created long wait times for individuals who have had their visa applications approved and are only waiting for a visa to become available. I recognize the patience of individuals who have followed the rules and appreciate hearing your support for making more visas available for workers in highly-skilled trades.
As you may be aware, visas are made available to approved applicants in order of the date on which applications are filed and according to an applicant's relationship to the person who petitioned for their visa. I encourage you to review the U.S. State Department's most recent Visa Bulletin for detailed information on visa availability. This can be accessed online at: http://travel.state.gov/visa/bulleti...etin_1360.html.
Please know that I am committed to passing comprehensive immigration reform, including improvements to reduce wait times and ensure that our visa programs are able to meet critical labor shortages in the United States. I also believe reforms should provide adequate protections for qualified Americans who are out of work.
Again, thank you for your letter. If you have any additional questions or concerns, please do not hesitate to be in touch with my Washington, D.C. office at (202) 224-3841. Best regards.
Sincerely yours,
Dianne Feinstein
United States Senator
Further information about my position on issues of concern to California and the Nation are available at my website, Feinstein.senate.gov. You can also receive electronic e-mail updates by subscribing to my e-mail list. Click here to sign up. Feel free to checkout my YouTube Page.
Ron Gotcher says this:
"What they are saying is that they want to generate maximum I-485 filings as early in the fiscal year as possible. If we believe that the USCIS has almost wiped out its inventory of pending China/India EB2 cases with pre-July 2007 priority dates, then this strategy makes sense. The USCIS is and always has been very slow when it comes to processing I-485 applications. They show a six month "average" processing time not because that is the actual processing time average, but rather because Congress passed a "sense of the Congress" resolution that AOS processing should not take longer than six months. Rather than post the actual (longer) average processing time, they show six months.
Let's assume, for the sake of argument, that the USCIS has totally wiped out their backlog of China/India EB2 AOS cases (this isn't really the case, but let's assume it for this example). Since the USCIS gets about 85% of all EB AOS cases, this means that they will need to process about 120,000 EB AOS cases this fiscal year in order to exhaust the quota. If they fail to hit that mark, visas could be wasted.
If this is the case, or anything close to it, then the State Department needs to front load filings for the year. This means that they would likely advance cutoff dates far beyond where they should be in order to attract as many AOS filings as possible. Also, they need to do it as early in the year as possible so that the USCIS has maximum time to process those cases to completion.
If the USCIS fails to approve enough cases to get close to exhausting the quota, we can expect to see further unusually fast cutoff date movement starting next Spring."
And another official proof of NVC fee bills coming from attorney, Ron Gotcher himself:
" Re: Visa dates movement and some unaswered questions and future .......
I don't think that anyone outside of the State Department has a clue as to future cutoff date movement in the short term. There are just too many unknown variables. Perhaps the best indication is the interval we see between when the NVC sends the fee bill and the individual's priority date. Generally, the NVC does not send a fee bill until they estimate that the person's priority date will be current within half a year. I randomly picked three fee bills that we have received in the last few months to get an idea of what the NVC is doing. In April, we got a fee bill for an India EB2 applicant with a cutoff date of September, 2007. In May we got one for someone with a cutoff date in November. In June we got one for someone with a cutoff date in January, 2008. When I get time, I'll go through all of our fee bills and put together a list of the fee bill dates and the corresponding cutoff dates.
Before anyone tries to use this for precise calculations, please understand that the NVC simply makes their best guess. They could be off by months. At the same time, they have access to the best backlog data available."
and another useful to know post in same thread:
"Re: Visa dates movement and some unaswered questions and future .......
In the long term, we are likely to get accurate data. For example, the USCIS has recalled almost all of the EB adjustment cases that were sent to district offices for interviews. When that process is complete, we will have a very accurate picture of the demand pending before the USCIS. Unfortunately, that still leaves the approved I-140s that are designated for adjustment of status, but for which an I-485 has not yet been filed due to visa unavailability. It is completely beyond my comprehension why the USCIS has never counted these cases. They can tell you how many I-140s they have approved, but they can't tell you the countries of charge or the priority dates. Since that data exists in their database, it is beyond belief that they have never captured it and given it to the State Department for forecasting purposes."
Last edited by nishant2200; 09-13-2011 at 05:09 PM.
Can someone pl enlighten me on this? Thanks
Friends... I have a quick question -
Sorry to digress from main objective of this forum -
a. Say a person with 8 years experience joins Company A (full time) as Senior Developer.
b. Company A files for GC in EB3.
c. 8 years pass by and the person gets promoted 2 times to a Senior Architect/Middle Management role in the same Company A.
d. Now when the person's PD is current, is the old GC application for Senior Developer still valid? and he can take the GC even though he was promoted and his position is totally different that what was filed in Labor/I140?
e. If this person wants to port to EB2, is there any problem retaining the old PD?
Appreciate your inputs. Thanks!
Last edited by skpanda; 09-13-2011 at 05:39 PM.
Replied below:
Congrats to everyone who is current for Oct. Though I think most of you would be documentarily qualified, I had some questions on the I-485 filing once PD is current. Note that my PD is Sep 2007, therefore I havent been able to even file I-485 yet, but need to be prepared.
1) How much time is available to file the I-485 once the PD becomes current e.g. if PD is current within Oct 11 VB, does it mean that the application can be submitted any time between Oct 1 - Oct 31? - or is it critical that the application reach USCIS on Oct 1st itself?
Your PD should be current when they receive your application (or postmarked, not sure, can anyone else enlighten), this is my understanding. the VB is for a month, so Oct 1st to Oct 31st, anytime it can reach. Now when you are in October, the November bulletin will be released, so if that bulletin says that the date is retrogressed, then your date won't be current in November. It is not necessary that it reaches on the 1st itself, however I have heard that the receipt date of the application may matter, especially when there is crunch time to release visas, i.e. visas are less, and demand span is more. So best to get it in as early as possible.
2) If there is a delay in medical evaluation, can the I-485 be submitted first just to get the foot in the door and the medical forms submitted later on?
You surely get RFE for medicals if they are incomplete or not provided, I have never heard of a case where you got directly denied. Please ask a lawyer for fool-proof answer. IMHO, we should get the medicals done, and not take a chance. I would be ready to drive 200 miles into another state or city if all the approved civil surgeons in my city are busy and can't give appointment.
3) I have copy of birth certificates which are in english and with accurate information. In this case, are affidavits still required or will the birth certificates suffice?
You don't need affidavit.
Last edited by nishant2200; 09-13-2011 at 06:08 PM.
First gchopeful - I think the postmark on your application needs to be in a time period when the dates were current. Its ok for application to reach when dates retrogress. But check w lawyer.
skpanda,we have explained earlier on this forum that you can have promotions within your job and it doesn't affect GC. If you get a totally different job then probably you wil need to file labor and can still capture the PD from EB3. So its almost same as porting except that you will have 2 different GC applications on file at same time.
I disagree Nishant. Law says a country shall not exceed 7% except under 203(a) or (b)... (spec will know the exactly subsection etc). Then the CSPA says that 1000 should be deducted from the chinese quota (overall .... not necessarily EB5). So now they have reduced the chinese limit to X-1000 where X was previous limit. But that new limit X-1000 is out of the window once 203(a)/(b) applies.I still think it can be argued in different ways. It can be a lawyer's position that the premise of the 0 allocation to EB5C for this year is being circumvented by using SO as an bypass. This is the kind of stuff which makes for interesting law cases. My own father is a lawyer, as well as most of my maternal family, so been seeing some action since childhood
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Question for Gurus. Is there any credence to the line of thought that the 07/07 fiasco forced a lot of people to file 485s in July who would have normally filed some time later. Because of that, 485 demand right after 07/07 PD should be less dense i.e. PD will move forward quicker once we cross mid-Aug 2007.
I know that our current optimistic expectations for PD movement in next spillover season is up to Q1-2008. I am quite far away with a 08/2009 PD. Still, who knows - all in all, we moved more than a year this season (including the last VB) and 2007 was supposed to be the most dense 485 period ever.
Nope. no credence. remaining 2007 and 2008 was also equally dense. even 2010 saw lots of labors.
See: http://www.qesehmk.org/forums/showth...TATOR-amp-VENI
plug in your EB2 : EB3 ratios for 2007 and 2008 as 60 : 40, 2009 as 65 : 35, dependent factor as 2.05, assume each PERM led to a 140, and 140 approval rate as 80%. You can of course adjust these estimates, I am just giving ballpark estimates of these variables. You will see that it's not really less dense.
Last edited by nishant2200; 09-13-2011 at 06:27 PM.
yes, CSPA was for the students protesters in 1990s. I heard in that period Chinese students could get GC immediately after their planes landed. In fact most of the people who got GC from CSPA didn't take part in any protest and they just lie to get GC. Until today if you lie to the government that you can't born your second child in China and you can get a GC through refugee path. These are just shameless lies. These people don't do shit and have minimum contribution to the society, but they can get GC in several months. On the contrary, EB immigrants have to work their ass off and go through endless waiting to get GC. Isn't it awesome?
Experts, sorry for the off-topic, but need to ask this, is polio vaccination required for I-485 filing? I am Indian born with no vaccination records..anyone please ?
Q,
I agree with you.
I'll post again from a previous post.
Because 700 visas have been deemed to have already been issued, EB5-C starts the year having already reached the 7% limit of 696. The only way this can be expressed is that there are zero EB5 visas available to EB5-C as the initial limit.It was the quid pro quo for the CHINESE STUDENT PROTECTION ACT of 1992 (S.1216 102nd Congress) http://thomas.loc.gov/cgi-bin/query/z?c102:S.1216: .
From the Bill :
The same reduction was also shown for this year in this document http://www.travel.state.gov/pdf/Web_...cal_Limits.pdf(d) OFFSET IN PER COUNTRY NUMERICAL LEVEL-
(1) IN GENERAL- The numerical level under section 202(a)(2) of the Immigration and Nationality Act applicable to natives of the People's Republic of China in each applicable fiscal year (as defined in paragraph (3)) shall be reduced by 1,000.
(2) ALLOTMENT IF SECTION 202(e) APPLIES- If section 202(e) of the Immigration and Nationality Act is applied to the People's Republic of China in an applicable fiscal year, in applying such section--
(A) 300 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(3)(A)(i) [EB3] of such Act in that year, and
(B) 700 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(5) [EB5] of such Act in that year.
It has been that way for as long as I can remember.
Since China represents the bulk of EB5 approvals, CO either has to wait until July to release numbers to China as spillover, or more likely since demand from other Countries has been so low, operate Quarterly Spillover, which would not have the dangers inherent in operating it in EB2.
The effects of the Chinese Student Protection Act will have no bearing on lowering the number of EB5 approvals, either in FY2011 or FY2012.
When the spillover provisions of INA 202(a)(5)(A) are invoked, EB5-C can exceed that 7% limit and since they will have the earliest PD (having waited all year) and the highest demand, they will use as many visas as is needed via FA, since EB5 does not currently reach its overall 7.1% limit.
As I said before, because of the Country profile for EB5 approvals, it would not surprise me if the Visa Office do not operate quarterly spillover in EB5, meaning that Chinese applicants do not have to wait until Q4 to receive any EB5 approvals.
In FY2010, from the Demand Data document, the allocations were shown as follows:
---------------- All Other -- Worldwide
Pref -- China -- Countries ------ Limit
E5 ------ 41* -------- 741 ----- 10,593
*The provisions of the Chinese Student Protection Act require that the China annual limit be reduced by 1,000. A total of 300 numbers are deducted from the E3 category, and 700 from the E5 category.
That did not stop China receiving 772 EB5 visas in FY2010.
It is actually worse for EB3-C. 300 visas are deemed to have already been issued, so their initial allocation is reduced to 2,503. Since demand exceeds supply in EB3, there is no FA and EB3 receives no FD - consequently, those visas are a real loss to EB3-C of over 10% of the normal allocation.
Last edited by Spectator; 09-13-2011 at 07:33 PM.
Without an irritant, there can be no pearl.
http://www.uscis.gov/files/form/i-693.pdf
it shows a bunch load of vaccinations.
I also don't have any record, and am just planning to have the civil surgeon who is doing my form, to administer me all the shots he has to.
I signed up. No harm in trying on this.
Nishant,
These Civil sugreons are charging a arm and a leg for these vaccines.I heard that some one from my work paid 2000$ and in the end they came to know that they are not medcial doctors at all. I asked this person why did'nt he checked on USCIS website. He said he got the name from there. He could have gotten it from a look alike fake website.. who knows.. So friends be careful.
Coming to my case, In 2007 when I expected to file,I got this checkup done and paid about 1000 $. I had most of the vaccinations done for my students records for masters and they still found few missing shots.
I took an appointment for next week to get this done and this even though I have everything they said they are going to charge me 420$ (I am not calling them 420's) they said I may need a vaccination for chicken pox.. and they may have to give me flu vaccine.Wich is 50 dollors more. I am thinking may be I can get a flu shot at my pharmacy for some 20$... or save the time and get everything done at one time.Dr doctors are quoting different amounts ..I selected this one since he is the only one who gave me an appointment over next weekend.
So friends. Shop around and be careful.. Go with the one that your friends have al;ready used even though they cost more.If you do not have any refferels or help atleast try to google the names and see the reviews.
I am also an Indian born with no vaccination recods.. I think no one is born with a vaccination recod but get the records built over time
I am just teasing you.. I know you meant "I am an Indian born,with no vaccination records"I am also an Indian born with no vaccination recods.. I think no one is born with a vaccination recod but get the records built over time
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