EB2 Predictions (Rather Calculations) - 2011

[nishant2200]

I am convinced now. Thanks for the detailed digging.

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.

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.

[nishant2200]

Great advice and really good to know. Thank you very much.

I really regret I don't have any record. Maybe I should investigate in the US university I did masters in, if they have any proof for me, at least will save some money.

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.

[venoo_d]

Hi Gurus please give me some idea,
My priority date was 29Aug2007 - EB2 India.
1. what is the best guess my date will be current?
2. my wife went to India, attended for H1B visa stamping in Hyderabad, on 8thAug2011, got 221G Yellow, they held her passport, and submitted required documents on 10Aug2011. there was no response from Hyderabad consulate till now.
3. If my date become current, what is the best option for me, regarding my wife is in India, to file i-485

Thank you,
Venu

[nishant2200]

This time I have a question.

If you get EAD/AP, and also have a H1 extension, but you don't have that H1 stamped in your passport, you go to India and come back on AP, and once you do so, what is the status of your H1, is it still valid, and say I go to India again, I can this time go to consulate and get the H1 stamped if I choose to, or say if I find another job, I can get that H1 transferred?

[qesehmk]

I asked the same question to my lawyer few years back and the answer was even if you come back using AP your status is still H1/AOS. In other words H1 is still valid. No change whatsoever. But pls check w your lawyer too.

This time I have a question.

If you get EAD/AP, and also have a H1 extension, but you don't have that H1 stamped in your passport, you go to India and come back on AP, and once you do so, what is the status of your H1, is it still valid, and say I go to India again, I can this time go to consulate and get the H1 stamped if I choose to, or say if I find another job, I can get that H1 transferred?

[nishant2200]

Thanks Q. I will ask the lawyer definitely and apprise of the answer.

Really good to know, I am really really very eager to get to file 485 now, freedom from the long trip to Consulate and the hours of wait inside. Interestingly, this comes to mind as the most important reason to file 485 for me, to be able to travel freely, then other nice things come to mind

I asked the same question to my lawyer few years back and the answer was even if you come back using AP your status is still H1/AOS. In other words H1 is still valid. No change whatsoever. But pls check w your lawyer too.

[qesehmk]

hey aamachee mumbai. tumhee mumbaiche kaay?

Thanks Q. I will ask the lawyer definitely and apprise of the answer.

Really good to know, I am really really very eager to get to file 485 now, freedom from the long trip to Consulate and the hours of wait inside. Interestingly, this comes to mind as the most important reason to file 485 for me, to be able to travel freely, then other nice things come to mind

[nishant2200]

Yup, Mumbai consulate it is, but my city is far away from there. for me, it's totally foreign city, each time I go there, I just get perplexed by the vastness and lost.

And waiting for hours inside, with all sorts of people talking, trying to listen to my number being called on loudspeaker, with 3 year old daughter, certainly doesn't sound exciting. At least they allow children inside, she don't need visa. Else I would have to find someone to keep my child while I am inside with wife.

I did see Rajesh Khanna, Vilasrao Deshmukh, many TV actors etc, basically each time you go to Mumbai local or international airport, keep your eyes open, you will bump into celebrity. Haven't seen a single celebrity however here, in my 10 years, living in 30 mile radius around Hollywood.

hey aamachee mumbai. tumhee mumbaiche kaay?

[qesehmk]

Now I am surely digressing ... but I have very fond memories of Mumbai. Worked there for a few years as well as spent some time at IIT Powai. Beuatiful city and real helpful people. It made me feel at home. And the place that seems very similar to Mumbai in US is ...yes you guessed it right - New York city and surrounding areas. But course dont mean the wealth and all. But the speed, the rhythm, the annonymity and rather helpful people and the immigrant city etc.

Yup, Mumbai consulate it is, but my city is far away from there. for me, it's totally foreign city, each time I go there, I just get perplexed by the vastness and lost.

And waiting for hours inside, with all sorts of people talking, trying to listen to my number being called on loudspeaker, with 3 year old daughter, certainly doesn't sound exciting. At least they allow children inside, she don't need visa. Else I would have to find someone to keep my child while I am inside with wife.

I did see Rajesh Khanna, Vilasrao Deshmukh, many TV actors etc, basically each time you go to Mumbai local or international airport, keep your eyes open, you will bump into celebrity. Haven't seen a single celebrity however here, in my 10 years, living in 30 mile radius around Hollywood.

[soggadu]

This time I have a question.

If you get EAD/AP, and also have a H1 extension, but you don't have that H1 stamped in your passport, you go to India and come back on AP, and once you do so, what is the status of your H1, is it still valid, and say I go to India again, I can this time go to consulate and get the H1 stamped if I choose to, or say if I find another job, I can get that H1 transferred?

hmm... Are you allowed to ask questions N?? I wish you could apply for 485 soon....

my question....once you apply for 485, how many days/months/years does it take to get EAD/AP provided I apply for these along with 485....

on other note... Am partly from Maharashtra ..... Did my engg from Wardha....spent best 4 yrs of my life there.....

[nishant2200]

the Immigration matters are so complicated at times, it's beyond us mortals. I have great interest in law, and wanted to do online law study for J.D. degree at Taft university, and earlier I was interested in criminal law, but now maybe it should be immigration! I just can't find time with my work to study this degree. Hopefully after GC, my wife can contribute something, and I can take it bit easy.

have heard of wardha, thanks for sharing.

Sorry Q, I have also digressed a bit today on some posts. well we always have our other buckets to shift these posts in!

hmm... Are you allowed to ask questions N?? I wish you could apply for 485 soon....

my question....once you apply for 485, how many days/months/years does it take to get EAD/AP provided I apply for these along with 485....

on other note... Am partly from Maharashtra ..... Did my engg from Wardha....spent best 4 yrs of my life there......

[nishant2200]

about the days to get EAD/AP, I believe it is max 90 days, there is an SLA of 90 days.

You can only apply 120 days before expiry, and if you don't get within 90 days, you can take infopass and get temporary EAD card.

Also when you file 485, there is no seperate application for EAD/AP. It is part of same application.

hmm... Are you allowed to ask questions N?? I wish you could apply for 485 soon....

my question....once you apply for 485, how many days/months/years does it take to get EAD/AP provided I apply for these along with 485....

on other note... Am partly from Maharashtra ..... Did my engg from Wardha....spent best 4 yrs of my life there.....

[iatiam]

Does any body agree with me that the cut-off dates moved because of the money that Q is providing to charity thereby increasing the Karma index. Guru's might want to add that as a variable to the calculations. Any ways, I am going to keep refreshing the pages to increase the views.

[Spectator]

This time I have a question.

If you get EAD/AP, and also have a H1 extension, but you don't have that H1 stamped in your passport, you go to India and come back on AP, and once you do so, what is the status of your H1, is it still valid, and say I go to India again, I can this time go to consulate and get the H1 stamped if I choose to, or say if I find another job, I can get that H1 transferred?

nishant,

I am going to disagree with Q slightly on this one.

If you return using AP, you will be a Parolee and this is evidenced by the I-94 that is issued when you return.

Due to the legacy Cronin memo, if you are returning to work for your H1B employer, you are allowed to continue using the Employment Authorization component of the H1B approval and do not need to use EAD.

This is not the same as being in H1B status. This could be important, if for example there are H4 dependents relying on the H1B older maintaining H1B status.

The H1B approval remains valid and it is possible to return to H1B status.

You can return to H1B status by either leaving the USA and returning using an H1B visa, or when an H1B extension (with attached I-94) becomes effective.

The Cronin memo can be found here http://shusterman.com/h1blvisasmemow...nceparole.html

A really good article explaining it is on the Murthy site here http://www.murthy.com/news/n_efftrv.html

To answer your questions, yes you can use AP and then at a later date get the stamping and re-enter using your H1B visa.

I don't know the answer about transfer, but that does seem possible and indeed the Murthy article says it is, since it is really only an amendment/extension request.

As always, consult a lawyer when dealing with important issues.

[MeraGC1]

Hi Gurus,
Based on the calculations and SOFAD, do you think the below scenario is possible?

PD_Year, PD_Quarter, PD Current (to be able to file for 485)
2007 Q3 DEC 2011
2007 Q4 SEPT 2012
2008 Q1 DEC 2012
2008 Q2 MAY 2013
2008 Q3 SEPT 2013

So on...

Thanks

[nishant2200]

Wov, that's really detailed n very helpful. Thanks a lot.

nishant,

I am going to disagree with Q slightly on this one.

If you return using AP, you will be a Parolee and this is evidenced by the I-94 that is issued when you return.

Due to the legacy Cronin memo, if you are returning to work for your H1B employer, you are allowed to continue using the Employment Authorization component of the H1B approval and do not need to use EAD.

This is not the same as being in H1B status. This could be important, if for example there are H4 dependents relying on the H1B older maintaining H1B status.

The H1B approval remains valid and it is possible to return to H1B status.

You can return to H1B status by either leaving the USA and returning using an H1B visa, or when an H1B extension (with attached I-94) becomes effective.

The Cronin memo can be found here http://shusterman.com/h1blvisasmemow...nceparole.html

A really good article explaining it is on the Murthy site here http://www.murthy.com/news/n_efftrv.html

To answer your questions, yes you can use AP and then at a later date get the stamping and re-enter using your H1B visa.

I don't know the answer about transfer, but that does seem possible and indeed the Murthy article says it is, since it is really only an amendment/extension request.

As always, consult a lawyer when dealing with important issues.

[gchopeful123]

Nishant, Q
Thanks for your inputs!!!

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.

[superdesi2100]

Yup, Mumbai consulate it is, but my city is far away from there. for me, it's totally foreign city, each time I go there, I just get perplexed by the vastness and lost.

And waiting for hours inside, with all sorts of people talking, trying to listen to my number being called on loudspeaker, with 3 year old daughter, certainly doesn't sound exciting. At least they allow children inside, she don't need visa. Else I would have to find someone to keep my child while I am inside with wife.

I did see Rajesh Khanna, Vilasrao Deshmukh, many TV actors etc, basically each time you go to Mumbai local or international airport, keep your eyes open, you will bump into celebrity. Haven't seen a single celebrity however here, in my 10 years, living in 30 mile radius around Hollywood.

You just reminded me of my experience at US Consulate in Mumbai 11 years ago. They did not have appointment system at that time. I reached consulate at 5:00 in the morning to line up. It started pouring at 5:30 and I was drenched. When I reached inside, I was still drenched. The A/C inside made me sick instantly. In all this, you really had to pay attention to understand their announcements from their partly kaput speakers. Hell, my first visa appearance had resulted in a rejection just 5 days ago. In those days, you were only allowed two appearances. I knew that it was my last chance to get a visa.

What made me angry at that time was when my number came and when I reached the window, the Immigration Officer gave me a visa without asking a single question. Now why would you reject someone only to give him a visa 5 days later without asking a single question!?

I have been there twice since then - both times for H1B. Now I have an EAD and I don't have to worry about going there and stand in front of those whimsical Immigration officers... EAD / AP do give you a lot of freedom. I hope you get it in November...

[Sandeep2011]

Nishant bhai, there are two separate applications for EAD and AP respectively, I-765 for EAD and I-131 for AP. These are optional when you are filing your I-485.

[mvinayam]

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.

Hi,

Check with county's Imminization program. There will be a Vaccine Clinics where you can get the Vaccine for a much much cheaper rate. We did the same in 2007 as we didnt had any Vaccination records back from india.

mvinayam

[nishant2200]

Nishant bhai, there are two separate applications for EAD and AP respectively, I-765 for EAD and I-131 for AP. These are optional when you are filing your I-485.

Thank you for correcting!. There is no separte filing fee, but these two optional form need to be filled out. Another example of unnecessary complication, these should be probably just two checkboxes on I-485 form!

[iamdeb]

Read last night about USCIS running out of VISA number in the following link.
Wanted to share it here in case its worth discussion.
Mods, in case this is irrelevant plz remove.

http://www.trackitt.com/usa-discussi...-of-2011-visas

[gc0907]

Guys,
I have a question about Passport renewal which I posted here: http://www.qesehmk.org/forums/showth...=8624#post8624
If anyone can please throw some light on that.
Thanks.

[goforgreen]

Guys, congratulations to everyone who is current, may you get your GC/EAD soon. Its good to see Q, Teddy, Spec and Veni's predictions come true albeit a month late. My PD is Dec 2007, I've a question regarding filing 485 and India travel. I'm currently on H1(extension approved, stamping not done) and I'm planning to make an India trip in December 2011. If my date becomes current in Nov - Dec 2011, can I apply for 485 in Novemeber and still be able to go to India in December without impacting the 485 application? Friends please help, I dont want to miss applying after waiting for 4 years for this opportunity.

[evoori]

Guys, congratulations to everyone who is current, may you get your GC/EAD soon. Its good to see Q, Teddy, Spec and Veni's predictions come true albeit a month late. My PD is Dec 2007, I've a question regarding filing 485 and India travel. I'm currently on H1(extension approved, stamping not done) and I'm planning to make an India trip in December 2011. If my date becomes current in Nov - Dec 2011, can I apply for 485 in Novemeber and still be able to go to India in December without impacting the 485 application? Friends please help, I dont want to miss applying after waiting for 4 years for this opportunity.

I have the same question.. only difference is I am traveling in Feb next year..(PD Sep 2007 and H1 Stamped)..
any suggestions on how I485 filing could affect our trip to home ?? TIA