vrbest
07-11 08:18 AM
Not sure if it was answered anywhere for similar situation..
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
Here is my situation. I would like to see my options:
1) I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).
2) Applied 485 for wife and kid and got EAD last July.
3) Category is EB3-I PD of Apr 06.
4) Though I was eligible for EB2 (13 yrs exp before joining company A) becas of Company A (they decided not to open EB2 position at that time). I was forced to go to EB3.
5) I am getting offer from my client and my company has agreed me to support. but client won't do H1 so I have to use EAD
6) in this case, can I get a another company (for future employment) to file for my GC on EB2? Will they be able to do it without H1 to them?
7) if so what would be the implications?
Thanks in advance!
wallpaper hair War of the Worlds (2005)
bayarea07
07-27 05:50 PM
Kaushal,
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
Why donot you ask your uplines to show their Tax Papers for previous papers to you and to others.
Please ask that as a question next time you visit your upline or diamond next time and then come share your thoughts here.
ramus
07-03 09:43 PM
No problem.. Fund drive is important ...
sorry :D
this one time pls allow us to post contribution thread here..
sorry :D
this one time pls allow us to post contribution thread here..
2011 War of the Worlds (2005)
amsgc
07-04 11:42 AM
My suggestions:
"Door slams shut for highly skilled LEGAL immigrants in the US"
"US closes the door for highly skilled LEGAL immigrants"
"US isolates highly skilled legal immigrants"
"Broken Legal immigration system harmful to US competitiveness"
"Legal Immigration system in shambles"
"Flip-Flop: DOS & USCIS in cahoots?"
"Door slams shut for highly skilled LEGAL immigrants in the US"
"US closes the door for highly skilled LEGAL immigrants"
"US isolates highly skilled legal immigrants"
"Broken Legal immigration system harmful to US competitiveness"
"Legal Immigration system in shambles"
"Flip-Flop: DOS & USCIS in cahoots?"
more...
sachug22
09-14 02:52 PM
I was among the very first to predict forward movement of EB2 (8 months back when most of the information available suggested no movement). Looking at September approvals i will see there will be very few cases pending from 2002-2004 for EB2 (those pending will be cleared in next few months since PD will stay current).
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
My estimate is that
EB2-India pending applications with PD older than Dec-2004 no more than 2000.
EB2 India had used 8000-10000 visa in 2009 (5000-7000 in Sept 2009 alone). It will not surprise me if this number is as high as 11-13K.
EB2-India all pending I-485 applications (till July 2007) is around 30000 (as of 1st Oct 2009) * see latter post on how.
Holding following assumptions we will see more forward movement in coming months and whole of 2010 fiscal year.
Slow improvement in economy (fewer new applications from EB2-ROW and EB1)
PERM applications stay stuck (as they are very few approvals in last 12 months)
CIS is force to allocate visa every quarter (leading to large spill-over)
Fewer EB3 to EB2 porting
CIS has prudently processed most old cases (pending for name-checks) and also pre-adjucated most cases filled in 2007-2008. So if they have visa numbers pending we should see big movment in Dec 2009 Visa Bulletin. This movement could cover all EB2-I 2005 cases in next two quarters (by March 2010). How explained below
EB2 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
EB1 gets 10K visa each quarter (28.6% of 140,000 divide by 4)
Assuming 3k spillover from (EB1/EB4/EB5 to EB2) => EB2 will get 13K visa
EB2 ROW uses 7K (700 India, 700 China, +5k others) - there are 6K visa to allocated by Dec 2009 and 12K by March 2010 which will be given to EB2-India.
BEC LCA applicants in 2005 estimate (EB2 India) = 2000 => 4400
EB2-India PERM applicants in 2005 (thanks TempGC) -> 5311 LCA (Around 1300 got approved in aug/sept 2008)= 4000 LCA => 8800 GC
Total pending I-485 in 2005 (EB2 India) ~ 13000
This would mean PD will cross 2005 in next 2 quarters. I have pesimetic estimates so it will not surprise me it the dates move more rapidly.
The analysis is very optimistic and does not account for
Duplicates (multiple I-485 for same person)
Discarded Labor (many people just discard the perm since they switch jobs or did not want to do GC)
Upgrades (people had EB2 perm but got GC in EB1 category)
Cross-chargeability (with spouse of PERM hold birth from non retrogressed country)
Denied I-140/I-485 after PERM approval
If these makeup 10-20% applications then dates should move faster.
jasmin45
09-04 07:11 PM
My...
Did you guys let ChanduV23 go of the hook? :D:D:D.. I see him hanging in here..;)
May be you tried and mud didn't stick on him han?
Long weekend is ahead folks.. go easy on each other:) have a wonderful labor day...
Did you guys let ChanduV23 go of the hook? :D:D:D.. I see him hanging in here..;)
May be you tried and mud didn't stick on him han?
Long weekend is ahead folks.. go easy on each other:) have a wonderful labor day...
more...
kumarc123
07-25 12:25 PM
I agree with vdlrao completely. The horizontal spill over rule essentially gives all EB1/EB2 visa to EB2's. This will make the EB2 cutoff dates leap and bounce forward. For EB3, however, there won't be any spill over data until EB2 become all current.
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
In Oppennheimer's reply to Ron Gotcher's question, he mentioned that the horizontal rule was set after he 'had consulation with the congress', so it's very unlikely to have any change to this rule till some legislation changes take place.
I agree with you 100%, this change was made by Congress in attempt to reduce the backlog.
Think about it in terms of Congress, it was under a lot of pressure from high skilled workers and from companies like Google and Bill gates who argued for more number of visas. No offense to any EB3 category, but we all know, EB2 are the ones which have earned a higher skilled education from this country.
(Now please don't start any debates on EB2 or EB3, I didn't make any distinctions and it has no relevance.)
For Congress to somehow act, they made the change in movement of visa numbers, and geared more towards EB1/EB2, to reduce the backlog among EB2 category. This will eventually lead to roll over of visa numbers from EB2 to EB3.
Advantage? High skilled workers who have attained a Masters degree from
U.S., now will see a reduce in backlog.
This recent change in the flow of visa numbers, acknowledges all these problems. We all know, who ever takes over the next presidential elections, will not issue something right away, it will take a few months.
This change buys time and greatly reduces the backlog among EB2, eventually for Eb3 as well. The new process makes much more sense and I don't think this change will revert to its original movement (back to vertical flow)
2010 War Of The Worlds
morchu
06-13 11:10 AM
Dilip,
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
There are no excuses. You are closing the doors behind and trying to forget the path you came through.
Have you heard about globalization? We are not there yet, but that is inevitable. People and humanity are beyond the boundaries of countries or governments.
If a "low-cost" person can do the same job as you, and the employer is happy with the quality of the job, there is NO reason for you to cash-in more for the same job. Nobody is superior. Everybody deserves their chances, irrespective of their education or college or economic background.
I can understand similar wordings from non-thinking public who never had to face real human issues or have seen dirt of poverty. But that coming from somebody who went through the hardworking path is unbelievable.
Protectionalism comes from the mere thinking that, some deserve a better and easier life just because they happen to be "born" at some place, or because they happen to be there "earlier", and don't want to be threatened by smarter / hardworking humanity.
more...
andy garcia
06-27 08:32 AM
In the absence (to our knowledge) of USCIS URL, it is not possoble to say that dates can not retrogress in the middle of a month. For example, USCIS has no rule of time period between switching jobs. This means they can do whatever they feel like.
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
I am saying that 2007 GCs can get exhausted at any time independent of I-485s received/approved.
Hi Macaca;
This is taken from the July 2000 VB:
HOW THE SYSTEM OPERATES
At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."
From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).
hair Years: 2005
amitga
02-15 06:08 PM
What happend when a law contradicts another law. There is a law which says slavery in unlawful and 'employment at will' is the right of every person on US Soil.
Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.
Now another law is that to limit the number of visa which is causing the voilation of above mentioed law. USCIS is follwing the law of visa numbers. In the process the other laws are being voilated. Somebody should be liable for that.
more...
vdlrao
07-16 06:05 PM
EB2 is current now..."EB2 will be current within a year" gives an impression that EB2 which is not current will get current in one year...
I mean EB2 India will be current with in a year.
I mean EB2 India will be current with in a year.
hot War Of The Worlds (2005) Movie
%25252BBluRay%25252BRip%25252B480p%25252B%2525255BDual%25252BAudio%2525255D%25252B%2525255BEng-Hindi%2525255D%25252BDub.jpg "war of the worlds 2005 movie.")
GCwaitforever
02-14 03:22 PM
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
more...
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logiclife
06-28 05:51 PM
Does someone know what date in June they started turning back EB3-Other WOrkers?
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
That was 5th June as per Oh's website and Oh's website was quoting AILA's memo.
tattoo Ray Ferrier, War of the Worlds
gc_chahiye
06-28 08:03 PM
I am analyzing for EB-2 (India). The current date for EB-2 India was Apr 1 2004 for month of June.
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
Retrogression started Oct 1 2005. Before Oct 1 2005, persons with PD < Oct 1 2005 (remember PERM) could have submitted I-485. Some (not all remember namecheck) of these would be ready for adj June 1st 2007. These applicants can be divided into 2 categories: those with PD <= Apr 1 2004 and those with PD > Apr 1 2004.
Applicants in first category will get GC in June and applicants in 2nd category will get GC in Jul. These applicants can exhaust 2007 quota.
USCIS is taking 3 weeks for notification of 485's submiited in June. I would be very surprised if they process a June submission in < 3 months. So chances of June applicant using GC number are low.
USCIS knew # applicants in above 2 categories: this appears trivial. If these applicants exhaust 2007 quota, USCIS knew that quota will get exhausted in Jul. The date can be of their choosing since the work involved must be pretty low.
A similar analysis can be done for any other category. Correct me if my dates are wrong.
but if USCIS knew this (that June+July can finish all the numbers for 2007) then why does the visa bulletin talk about retrogression in September timeframe for India/China? Why not August itself?
more...
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chanduv23
06-26 12:39 PM
There is possibility that retrogression begins in August. The USCIS maail department will acept only those cases the clerk could manually enter into the system by July 31st and then send all those applications back which he could not enter manually
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
IV Roumor thread - lets give the 'Best roumour of the day' award to the most convincing roumor .....
:D :D :D :D
dresses war of the worlds 2005 movie.
_01.jpg "War of the Worlds (2005)")
desi3933
06-15 12:40 PM
I believe in luck in the GC process. Before 2005 PERM process, many folks applied in states where Labor was fast. They were able to get greencards within a couple of years while others were stuck in Labor Backlog centers (http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50). Some cleared all hurdles and got stuck in namechecks for years. Until 2007 Namecheck was a big scare. (http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61)
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
Many people could not file in July 07 for various reasons. Some people were born in India but were brought up in other country. Even they are stuck. Some people decided to rise in their careers and changed jobs on H1. While they did rise, but lost in the grreencard PD race.
So definitely luck pays its role.
I agree that luck plays a major role.
Just last year, there were many GC approvals for PD of 2006. For them, start-to-end GC process was just 2 years. Now someone with EB2 2006, the scenario does not look that promising.
______________________
US citizen of Indian origin
more...
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Saralayar
03-14 09:58 AM
You can do yourself as the proceedure is very straightforward.
girlfriend War of the Worlds, Movie,
thepaew
05-29 09:06 AM
As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.
hairstyles WAR OF THE WORLDS(WS/2005)
Dionysios
10-12 02:11 PM
My uncle was a green card holder for approx. 40 years when he lived and worked in the US. During this time, he became eligible for medicare and medicaid. A few years ago he decided to return to his original home country. As he did not and does not have any plans to return to the US to live, he surrendered his green card at the US consulate. However, when he recently applied for a non-immigrant visa to visit the US to use the services covered by medicare, he was denied a visa. It seems quite unfair that he worked in the US, paid all the necessary taxes and withholdings and is now prevented in using the medicare services. Is there anything he can do?
vdlrao
07-24 09:40 PM
I really doubt whether any attorney knows how many total VISAS are there for EB1 + EB2 for the fiscal year 2008. On this total EB1 + EB2 we got an estimation based on our calculations in our privious posts.
sbvw76
09-23 09:57 PM
Seems to be a fair idea even though I don't qualify. I did a dumbest thing of buying house in 2006 even before apply for the Green card ( though I submitted all required documents in 2004, my corporate company filed only in 2006 waiting for PERM process to stabilize).
I'm still hanging on my house though it lost 27% value with no GC or not even approved 140 ...
I'm still hanging on my house though it lost 27% value with no GC or not even approved 140 ...
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