Friday, June 7, 2013

July 2013 Visa Bulletin and Analysis



July 2013 Visa Bulletin was released earlier today. Date for EB2 India is 01 SEP 04 and EB2 China is 08 AUG 08. The cut-off for all other EB2 countries are Current.

All expectations, and ofcourse predictions are crashed and burned .

The good news here is EB2 China dates are moving, which means till EB2 India reaches that date, it can consume all the spill over numbers that comes to  EB2 category. But the positive note is the dates are expected to move next month. The Visa Bulletin prediction is here:

Employment Second 
Worldwide:  Current 
China:  Up to two months 
India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category. A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Also, the Fragomen website says, it can move to Feb 2008 in August or September Visa Bulletin.

The demand data for this month had been released earlier. The cumulative demand prior to Jan 1, 2005 rose to 475 from 450 from 425 from 375 and the cumulative demand prior to 1 Jan 2009 rose to 24,200 from 24,050 from 23,850 from 23,400.

July, August and September Visa Bulletins will be the last 3 for this Fiscal Year. I was hoping for the date to move in July. But, it did not happen. Looks like DOS is following a whole new strategy this year. May be moving dates just in August or may be moving dates in August and September.  I am still hoping for dates to move till 01-APR-08. If they go by moving all the dates in one month strategy, then it will all move next month. If not, they can split the dates, say till 01-JAN-08 till August and rest in September. We are in new waters. We need to wait and watch.

Cut-off dates for EB3 India is 22 JAN 03 and EB3 China is 01 JAN 09. As expected, EB3 India is moving at one week or two weeks per month pace. For EB3 India, it is going to move at this pace only till there is a legislative change. Also, EB3 China is ahead of EB2 China dates. :)

To view the July 2013 Visa Bulletin -- Please Click Here

To view the Demand Data -- Please Click Here

To View the Fragomen website news -- Please Click Here

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223 comments:

  1. Ambals,

    You are the best. Thank You for your wonderful service. You've earned lot of good Karma. It's hilarious sometimes when we come here looking for some visa updates and end up looking at Chicken rice recipe.

    Regards,
    Raj.

    ReplyDelete
    Replies
    1. Can someone please explain what happened to the FB spillover of 18,000?

      Appreciate it.

      Delete
    2. Our hope is, it is still available, atleast most of it. We know that the ones allocated to EB3 will be used up. Most of all others should be available for EB2 India.

      Delete
    3. Assuming we get these 18000+additional spillovers, EB2 can reach like 2009-2010 dates

      Delete
    4. bce of FB 18k spillover the dates are going to move..there is no spillover from eb categories since all those are used by fake EB1C fellows..nothing gets better if they are not changing the rules for EB1C....

      Delete
  2. Oh boy... I was hoping to have it moved this month but it didn't...I hope August bulletin touches at least oct 2007

    ReplyDelete
  3. Dream is over, folks! Sigh!!

    ReplyDelete
  4. Hoped it will move as many predicted it would move in final quarter. But predictions are predictions....

    ReplyDelete
  5. Ambals - Two questions if dates move in Aug/Sept:

    1. Can Spillover be completely used in one month ? Pre-adjudicated visas will get preference over new filings ? Can atleast new filings get EAD ?

    2. What will be the opening date on Oct 2013 ? Will it retrogress back to 2004 ?

    ReplyDelete
    Replies
    1. 1. Surely they can use SO Visas in one month. Pre-adjudicated visas will be issued first of course. New filings will get EAD.

      2. Let us not worry about October 2013 right now. Let us see how the dates progress till Sept 2013.

      Delete
    2. 1. Totally depends on how much spillover EB2 India is getting. If it is, say 8500, we already have 8500 applicants with pre-adjudicated cases before 1-JAN-08 as per Demand Data.

      2. It might retrogress, how much -- that we have to wait for some clarity on how many EB3 India has ported to Eb2 India.

      Delete
  6. I guess DOS is waiting on immigration bill outcome.

    ReplyDelete
  7. Wont the visas get wasted if they move only in either Aug or Sept ?

    ReplyDelete
    Replies
    1. Issuing 10-15000 VISAs in a month or two should not be a big deal. US Embassy in Delhi issues 300-500 VISAs on every working day and that too by holding in person interviews. In the present case all paper work has already been done and only the VISA no is to be allocated.

      Delete
    2. Totally depends on how much spillover EB2 India is getting. If it is, say 8500, we already have 8500 applicants with pre-adjudicated cases before 1-JAN-08 as per Demand Data.

      Delete
  8. Great blog! Keep up the good work.
    My PD is sep 25 2008... can I be current this fiscal year?

    ReplyDelete
  9. Hello Ambals , I have a strange Q. I have a July 2007 PD and hoping to file 485 first time. Should I go ahead and do medical exam now or wait ? I am traveling in Sept so wanted to do it and get it out of the way but then Am I risking if i date does not become current ?

    ReplyDelete
    Replies
    1. Wait for your PD to become current. Even after that, you will have about 20 days to do medical.

      Delete
    2. I heard if you have to X-ray etc. then it can take up to 1 month. Is that true ? AND the sooner I do medicals the sooner my application can be sent to USCIS. Is that right ? Or is it only supposed to be mailed on the 1st of the PD current month ?

      Delete
    3. Totally depends on specific person/doctor/lab. But, for most, it will be one week to get the medicals done.
      Yes. You can file only when PD is current. 1st of the month.

      Delete
  10. all hopes dashed to ground.....

    ReplyDelete
  11. From June to July, demand for EB2 China till Jan 2009 has gone down from 2150 to 1571, a decrease of 575.

    For India EB2, it has gone up from 24050 to 24200, an increase of 150.

    The WW total till Jan 2009 has gone down from 26225 to 25775, a decrease of 450.

    We have two more months this fiscal year. Won't China EB2 number go down by a couple more hundreds?
    And let's say the EB3 to EB2 (India) goes up by a couple of thousands, so the demand goes up from 24200 to 26200. But the net demand till Jan 2009 would still only be up by ~1500 or so. Is that assumption correct?

    I don't know how much the EB1 & other categories would take up from the 18000 FB spillover.

    Considering the Chinese reduction in numbers, is there any chance we could hit May 2008 in the next two months?

    BTW, how do we analyze the demand in EB1 & other categories?

    Are no spillovers expected from EB1 & other employment categories to EB2 this year?
    Is EB2 only dependent on the FB spillovers this year?

    Thanks.

    ReplyDelete
    Replies
    1. No use stressing so much. Its just a matter of one month and you will know everything. No body can tell for sure what the date will be. Everybody thought that in July the dates will move forward. However, nothing happened. As it appears, dates will surely move in August by 2-3 years. Keep your fingers crossed and hope for the best. Till that time learn few recopies from this blog and enjoy the food.

      Delete
    2. We don't know the answers yet. Whatever is allocated from the 18,000 to EB3 will be used up by EB3. We are all hoping that we will get some spillovers from the FB excess and from the other EB categories to EB2 India. All these are based on demand data and trends in website like trackitt.

      Delete
  12. Hi Ambals - quick question - Does the PD have to be current to receive the EAD/AP, after filing I-485? or everyone who requests for EAD/AP gets it, regardless of PD, after filing 485? Thanks.

    ReplyDelete
    Replies
    1. has to be current

      Delete
    2. I think once you file your I-485 when it is current, you will get EAD, irrespective of if it is current or not. But, for you to get the green card you need to be current.

      Delete
  13. Please sign the petition to get some coverage.

    http://www.change.org/petitions/uscis-immigration-services-expedite-movement-in-eb2-india-priority-date

    ReplyDelete
  14. Hi Ambals,
    Here is my Q: In the bulletin they mentioned this statement.
    ""India: At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September""

    Which means "Otherwise unused" Employment Second preference numbers will be used? or it will get the spillover from EB1 to EB2I ? or will it get Spillover from EB2 rest of country to EB2I.

    Please clarify...

    ReplyDelete
    Replies
    1. Basically, all the spillover available to EB2 India. It might be from EB4, EB5, EB1 and EB2 rest of the world, including the available FB spillover from last year.

      Delete
  15. Hi,
    Anyway DOS knows about the spillover right? why the DOS is not moving the date on july? only on august or september they can.. since we are wasting one month.. i think they are hiding so much information.... if we there we will get all the information and tell to public with the numbers and all the information.. so much opacity in uscis.. are they publishing correct demand on correct date.. they are publishing "04/02/2013" data on "05/21/2013" without any use...

    ReplyDelete
    Replies
    1. Yes. They need more transparency. I asked them for semi-annual data for immigrant visas given. But, said they said it was not available.
      On side note, I-485 pending inventory is released by USCIS which was released on may 21 for april 2nd data. But, what DOS released is demand data -- for pre-adjudicated cases. They are different.

      Delete
  16. Ambals,

    This is a good post. But even if the date moves by Jan/Feb 2008, next big question is how long will it stay as it is. Because considering the rate of porting for EB3 to EB2 I think we only got a window of max 2 months up to Oct 2013. Am I right?

    ReplyDelete
    Replies
    1. Yes. Looks like they will retrogress to previous date in Oct 2013.

      Delete
    2. Spillover will be arround 13K. pre approved before Jan-2008 is 8.5K before Feb-2008 9.5K..
      So sill we have 3K plus visas for new fillings.So the dates will stay for 3 to 4 months to clear all the backlogs which got approved ..once all the spillovers cleared then month-month 300 will make sure the dates in Feb-2008.porting and monthly avbl visas will be same, if they clear the backlogs to until feb-2008.this is the best move instead of moving to 2010 like last year.

      Delete
  17. Fragomen site says that they anticipate the dates to be around 2008. However, Murthy says that they have not heard about the anticipated dates. Wonder what you think about the dates in July bulletin? If the dates become current.... by when the medical and all the paper work should be done? Is there a time limit by this should happen?

    ReplyDelete
    Replies
    1. You should have all the documents except medical ready now. Medical can be done as soon as you see your date in visa bulletin. You should urge your lawyer to file I-485 and related paper work on first of the month you become current.

      Delete
    2. Thank you SO MUCH. SO, if it becomes current... I don't need to wait for my lawer to have any information send out to me? My PD is Oct-2007. Let's say, if the date becomes current in July for August bulletin, then I can immediately file for my medical? Should I wait for my lawer information or that is seperate?

      Delete
    3. Hi...any word on above question?

      Delete
  18. I have priority date of April 2008. Should I consider that I will be able to file 485 ?

    Thanks

    ReplyDelete
    Replies
    1. According to my estimate, it is in fence. It looks more like next fiscal. But, we will wait for next bulletin to get a better estimate.

      Delete
  19. Hi Ambals,

    My PD is April 2009. My calculations show I might be current late 2014 - what do you think?

    Thanks,
    Prasad

    ReplyDelete
    Replies
    1. Possible. It depends on how many people port before that. We will get a better idea after September 2013 visa bulletin.

      Delete
  20. My PD is Oct 2008 EB2 India. When can I expect my dates to be current ?

    Thanks !

    ReplyDelete
  21. Your PD will be current in 2015, pleas wait

    ReplyDelete
  22. What priority date is expected to be released in coming month for EB3 of other countries ? Do you think April 2009 to be current ??

    ReplyDelete
    Replies
    1. This is what the Visa Bulletin says:

      Employment Third:

      Worldwide: No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

      Delete
  23. http://www.murthy.com/2013/06/11/newsflash-february-2008-best-case-estimate-for-eb2-india/

    ReplyDelete
    Replies
    1. Thanks! Basically, Murthy.com is confirming what Fragomen said already.

      Delete
    2. Nice. That is a great news- however Murthy is claiming that it is just the estimates. Does that mean- it may not even happen? However, when I see the track records-when ever the DOS has claimed for the future prediction they all have been accurate.

      Delete
  24. So if Feb 2008 is the date, then we have to say this year was really a disastrous for EB2 India. Normally you see in the past years the spillovers were close to 17/18 thousands. Now look at the demand data you will notice that before Jan 2008, there aer 8050 appicants. Even if we think next 2 months will have 1000 Portings, total is still below 10 thousands. Where did all spillovers go :) !!!

    ReplyDelete
    Replies
    1. This is good for the applicants who ever has PD before Feb-2008, 8500 visas will go to already approved cases, remaining visas can wait for new fillers/comers this way the dates wont retrogress. For example if the spill over is 13K, only 8.5K goes to pre approved cases,remaining 4.5K will be used for the porting people. from oct 2013 every month will have 300 for porting people..so the dates can stay for Feb-2008 for 3 to 4 months...then depend upon the porting they will decide whether to retrogress or stay @ Feb-2008 or move week by week.

      Delete
  25. Hi Ambals,
    my PD is Mar 2006 EB2I, and I have EAD. Could I expect to get the GC in next 2 months when the dates become current ? or are there other formalities involved before the card goes for production printing?

    ReplyDelete
    Replies
    1. Mostly you should get it the same month it becomes current.

      Delete
  26. My PD is May 2008 EB2I, I am thinking to go for a stamping in Mexico or Canada in two weeks. Is there any chance for my PD become current in Aug/Sep 2013?

    ReplyDelete
    Replies
    1. Sorry. At this point, it is not looking like it.

      Delete
  27. Hi Ambals, Thank you very much for your updates. Do you believe that USCIS will update priority dates only at the end of each fiscal year going forward? You mention that April2008 PD might happen next fiscal year that is Sept-Oct 2014 and not this year correct? May I know how this estimate was calculated? Thanks again!

    ReplyDelete
    Replies
    1. According to my calculation, it will go to 01-APR-08 by sept 2013. It is a projection based on past data as in here: http://ambals.blogspot.com/2013/02/spillovers-and-eb2-india-predictions.html

      But, the latest news from Fragomen, confirmed by Murthy, indicate that it might go till Feb-08.

      Delete
    2. Feb-2008 is best case..I don't think it will reach that much..Sep-2007 has the chance,beyond that may be luck

      Delete
  28. I have a question: My Birth Certificated has my First name as appear on my Passport. However, there is no last name on the BC because the BC doesn't have the last name column for surname. Will this be an issue? If this is an issue- I will get the affidavite from my parents. Should I take the affidavite individually or my father and mother can do it in one document? Also, anyone has the sample document for the affidavite? Once, i have the affidavite, photo copy would work, right?

    ReplyDelete
    Replies
    1. It is better to get affidavit and keep. I will post a sample soon. But, it is better to check with your lawyer how he wants it. End of the day, he has to file it for you.

      Delete
    2. Great.. Thank you. So does affidavite has to be the photo copy? or original? My company lawer isn't saying anything. He says make it simple and have it mentioned what the problem is that rectifies through the affidavite. SO confussing.

      Delete
    3. Photocopy is good. But, keep the original with you safe. Just in case, USCIS comes back and asks for it.

      Delete
  29. Ok. Great. Can you please share your sample document pertaining to my problem. Basically, I want the USCIS to know that my last name is not mentioned in my first name because the last name comes under my father name and my father name has the last name in the BC.

    ReplyDelete
  30. I have EAD and my priority date is 30th Nov 2007. Question: I will be travelling to India in coming July & August. Will I loose my chance to get GC if I am not physically present in the US when (and if) dates become current ?



    ReplyDelete
    Replies
    1. It is a grey area. Please consult your immigration attorney.

      As far as my understanding goes, they will send you the GC if you are present or not, as long as all the applications are filed already and are in order.

      One suggestion, I read was, if you are outside of country and you enter the country using AP/Visa, come in, get your GC make a trip to canada and come back in with GC.

      Delete
  31. Hi Ambals - My PD is Oct 2007 (EB2 India - first time filer) and hoping to get EAD by November. I am planning on travel to India in December. Can I use AP for travel or should I get visa stamped? My current H1 is valid until June 2014 and not planning on switching the employment to EAD. Want to continue on H1 until I get my GC. Appreciate your response. Thanks.

    ReplyDelete
    Replies
    1. I think, if you file in July, then you will have EAD within 30 days. Correct me Ambal.. .if this doesn't seem to be true.

      Delete
    2. You will get your GC before Dec-2013.the dates will stay in Feb-2008 for 3 to 4 months...bce only 8.5K visas goes to preapproved people.remaining will stay for new fillers..so you will get your GC before Dec..so relax and visit india with GC...All the best

      Delete
    3. It is best to consult your immigration lawyer.

      Hopefully, you will have your EAD. Not sure, if you will get your GC by then. If you want to maintain H1b, it will be best to get stamping.

      Delete
  32. Hi Ambals,

    Thank you for such a great post. Now that we all are seeing some hope in tunnel. Can you please throw some light on what exact documents do we need when we are first time filling for the I485?
    This is what I know so far;
    a.Birt Certificate
    b.Marriage Certificate
    c. Medical exam
    d. The rest will be provided by the employer? correct?
    e. passport size photos
    Anything else I need to be aware?

    ReplyDelete
    Replies
    1. Best is to check with your lawyer.

      This is my list:
      1. Copy of official birth certificate
      2. Copy of official marriage certificate
      3. Copy of current passport and previous passports (each and every page including blank pages)
      4. Copy of most recent I-94 card (front and back sides)
      5. Copy of latest 2 years of US federal income tax return
      6. Copy of latest 2 years of W-2 forms
      7. Experience letters from previous employers
      8. History detailing all entries into and exits from the U.S. -- visa and date
      9. Medical examination results in a sealed envelope
      10. Six passport-style photographs
      11. Degree certificates


      Also, check here: http://www.uscis.gov/files/form/i-485instr.pdf

      Delete
  33. Hi Ambals,

    First of, thank you for the great service you are providing by blogging.

    While many of us are still waiting for GC to arrive, we have had children born as US citizens even before we(parents) have turned to be one. I have heard a lot of folks talking about creating a Will or legal documentation to ensure our US born kids are safe in-case something happens to the parents. It will be nice if you can blog something about it. It will educate some of us (parents) regarding the things we need to take care of while still waiting in green-card queue.

    Thanks again for your service and for sharing your thoughts on the immigration issues.

    ReplyDelete
    Replies
    1. Yes. We have to do this as well. I will do some research and will post something.

      Delete
  34. Ambal my priority date is 7 Feb 2008. Various law websites like Murthy and even DOS is predicting the best case scenario of Feb 2008 for this fiscal year end. When they say Feb 2008 do they mean Feb end so say 1 march or it can be any date in Feb 2008.

    ReplyDelete
    Replies
    1. We really don't know. There is no clear indication. My calculations say it will go till 01-APR-08. Let us wait and see.

      Delete
    2. Ambals, I agree. I think it can be anywhere between Feb 08 to Aug 08.

      Delete
    3. Feb-2008 itself best case..Earlier also they predicted best case scanarios to 2006/07 but it went to 2004..but hopefully this time it will work out to Feb-2008 as best case.I think some dates in late 2007 also possible...Sep-2007 is best possible according to me..

      Delete
  35. Hi Ambals,

    I follow your blog everymonth and would like to ask you one question.

    My Priority Date is June 23rd2010 in EB2 Category. When could I get Green Card based on Current Trend.

    Thank you.
    Chandra

    ReplyDelete
    Replies
    1. Current trend is around 6 years from the priority date. But, lot of it is changing due to porting and less spillover visas available for EB2 India. End of the year, will be a good time to re-access things.

      Delete
  36. 485 inventory until Jan-2008=8050, On Jan-2008 is 1146.So totally 9196 visas will be allocated for pre-approved I-485. EB2 spillover 13K & FB Spillover for EB2(I) will be arround 3K.
    16000-9196=6804 visas avbl for new fillers. So there is a lot of chance for August-2013 month pd(Feb-2008) to stay 4 months or move forward slowly month -month before it retrogress in FYI 2014. .in this way most of the backlogs will be cleared. mostly no need to retrogress since the porting won't exceed 300 per month.

    ReplyDelete
    Replies
    1. In theory, all the EB3 India applicants can port. If you see the number for EB3 India for 2005 itself there are 7046. So, they might retrogress.

      Delete
    2. Thank you.. So what your prediction for the Oct 2007 pd to receive the gc before it retrogress in new 2014 fiscal year?

      Delete
    3. If you have already filed your I-485 and related documents, then you should get your green card by end of sept 2013.

      Delete
    4. I am the first time filler. What are the chances

      Delete
    5. Sorry. At this point it does not look good. Once you file I-485 and related documents -- USCIS have to ask you to do Finger Printing and then, they have to send it to FBI for checking, while USCIS reviews other documents. You need the dates to stay current for 3 months or more to get the Green Card.

      Delete
    6. oh.. so may be as soon as I file- i can call the uscis and have the ticket open....may be that will become fast-heard that at times raising the ticket helps to be fast?

      Delete
    7. Possible. But not guaranteed.

      Delete
  37. If your PD is before Feb-2008 gather here to cheer

    ReplyDelete
  38. I just wanted to see how many of you waiting to file 485 & waiting for visa numbers before Feb-2008. Mine is Aug-2007

    ReplyDelete
  39. Thanks for your analysis, I follow your site regularly and it is very useful, my Priority is October 2008, do you see any positive side to hit this date before this is quota?

    ReplyDelete
    Replies
    1. Sorry. I don't think it will be this year. Mostly last quarter of 2014.

      Delete
  40. This is a great blog; I have been visiting like every day. The positive attitude keeps the hope alive. my PD is Dec 20 2007 and have filed I485 when it was current and have EAD and renewal of EADs as well. What is % like hood that I will get GC this year ? Any reason I could get any RFE etc ? I have had not changed my employment etc. Also, why news flash says BEST case ? does it mean it could be earlier date as well. Any thoughts .. Thank you all for your comments.. Cheers

    ReplyDelete
    Replies
    1. Almost likely you will get a green card this year. Yes. I think, they say it is the best case because -- I am hoping -- they are doing projections based on porting trend till now.

      Delete
  41. Do you think, once we filled it for the first time( when the PD becomes current in another 20 days or so) and call the USCIS over the call- they will raise the ticket and it might get expidiet the process and have the GC sooner? I have heard of those cases

    ReplyDelete
    Replies
    1. I don't think so.... if your filing for the first time....

      Delete
  42. Hi, My PD is Oct-2007 date. Should I go for my medical exam now? how long the medical exam are valid for? I called the near by civil surgeon listed on the USCIS and they mentioned up to a year. Any take?

    ReplyDelete
    Replies
    1. Check this link: http://www.uscis.gov/i-693 -- it says it is generally valid for a year, but suggest that it be done as close to application filing as possible. My suggestion will be wait for next visa bulletin, if you see your date current, do it that time.

      Delete
  43. Hi Ambal, Great blog. Quick question:
    How much is the cost for: Filing I485, EAD and Advance payroll for one person?

    ReplyDelete
    Replies
    1. Please check here: http://www.uscis.gov/i-485

      Delete
  44. What are procedure if the marriage certificate has the different name....so far I never had any issue...when my wife applied for h4 on that marriage certificate...do you think it will be an issue now? If yes...what should the effidavit say?

    ReplyDelete
    Replies
    1. Same. If you have your spelled differently in your marriage certificate, get 2 affidavits from elders who were present during your wedding.

      Delete
  45. My date is December 2007. I am wondering is the Medical and fingerprinting will have to done again, as my filing was last year in April. Any thoughts or advise from anyone?

    ReplyDelete
    Replies
    1. Medical should be good as long as you submitted the right way the first time. Finger printing is a grey area, I have done 3 times till now.

      Delete
  46. My PD is 2/8/2008. When will I get GC in hand based on this update from DOS?

    ReplyDelete
    Replies
    1. High possibility by september end, if you have already submitted your I-485 and other documents.

      Delete
  47. My PD is 3/26/2008. I am planning to change jobs. I was waiting in case my PD becomes current. Now with this new information that the best case for Eb2 India is only feb 2008 should I wait hoping that there is still a slight chance that my PD goes current or chuck it and get a new job and again apply for PERM + I 140?

    ReplyDelete
    Replies
    1. My advice will be to wait till August and see how the september visa bulletin turns out and then do it.

      Delete
    2. Hey dude, I am somewhat in a similar situation as you, except that my PD is August-2008. I am very close to switching my jobs. The only thing I need to think is if in there is any change of my PD becoming current in early FY-2014 (Oct,Nov,Dec bulletins). What d'ya think? Your decision is definitely trickier than mine so let me know what you decide.

      Delete
    3. Also, I am not sure what stage of the job hunt you are in, but I just wanted to mention that looking for a new job is a 4-6 months ordeal. Preparing, applying, interviewing at multiple places, getting an offer, negotiating, H1-transfer.. each of these steps takes its own sweet time. So by the time you have a job that you like in hand, the Sept visa bulletin will probably be out and you can then make a call. E-mail me to discuss more: seabiscuit43gmailcom

      Delete
    4. Guys: If possible, keep your current job. I ma telling that based on my experience. I do not know how bad your situation is, but try and talk to your current boss and work out options to stay with the company, perhaps in a different department or role. I tell that because you will have to start H1B transfer and PERM immediately after that and I-140 immediately after that. Chances of all falling your way depends on lot of factors. I do not mean to discourage you in any way, but just wanted you to make a conscious decision before switching. If possible, get a written confirmation from the prospective employer that they will start the PERM process without any evaluation period.

      If you decide to change employers, make sure you get your experience letters and originals of I-140 from your current employer. Make the process easier if you do it beforehand.

      Delete
  48. What are procedure if the marriage certificate has the different name....so far I never had any issue...when my wife applied for h4 on that marriage certificate...do you think it will be an issue now? If yes...what should the effidavit say?

    ReplyDelete
    Replies
    1. I don't think so. But, if you have your spelled differently in your marriage certificate, get 2 affidavits from 2 elders who were present during your wedding. Same format as above.

      Delete
    2. Can I club my bc affidavit along with the marriage cer affidavit together?

      Delete
    3. It is better to keep it separate.

      Delete
  49. Hi Ambal, Thanks for providing valuable information in this blog.

    My PD is Oct 2007, and filed I485 in Dec 2011 and got EAD/AP, but I485 is still pending. If my PD becomes current in Aug/Sept visa bulletin, shall I expect another finger printing appointment, as last finger printing was done in Feb 2012. I am still with the same employer, but have moved to another location. I have already filed AR-11 for address change, and have received mail from USCIS
    confirming address change for pending cases.

    ReplyDelete
    Replies
    1. Yes. You might get a finger printing notice. Whenever I changed location and filed AR-11, I have received finger printing notice. I have got it 3 times. But, I cannot verify anywhere it is because of that.

      Delete
  50. Hello,

    Thanks for a great blog. I come here often and learnt a great deal.

    My PD is Jan 8,2008, and as I understand it, I should be current (hopefully) within the next two months. But today suddenly I received an email from USCIS asking for more info (RFE). i am yet to receive the letter which details what they want but this email is making me nervous (and surprised me).
    Why are they reviewing my I-485 now when I am not yet current?
    Does RFE delay my GC?
    Is RFE normal (Since most of us applied for I-485 long back)?

    Help is appreciated.

    ReplyDelete
    Replies
    1. Yes. RFE can be anytime. It is good you are getting it now. In the sense, it is better getting it after you become current. You at least 45 more days until you become current. Talk to your immigration lawyer and try to respond as soon as possible. This way, they can still pre-adjudicate you case and you can still get Green Card on time.

      Delete
  51. May be that is a good sign that- they are currently reviewing the file for the PD of Jan-08? It sounds like the date will go up to 2008, next month?

    ReplyDelete
  52. Same here. My PD is Mar 19, 2008. When I checked the status online, it indicated for RFE....

    "On June 14, 2013, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283"

    ReplyDelete
    Replies
    1. Talk to your immigration lawyer and try to respond as soon as possible. This way, they can still pre-adjudicate you case and you can still get Green Card on time.

      Delete
    2. @Ambals

      Does this indicate that the dates could go up to March 19th atleast?

      Delete
    3. They are expecting something and doing this. So, may be.

      Delete
    4. Oh Law Firm says, the date can move to August 2008. http://www.immigration-law.com/Canada.html

      Delete
  53. It seems a large number of RFEs have been issued today. Hectic discussion is going on immigration blogs. No body knows for sure what the RFEs are about. People are making wild guesses. Even those who were interviewed and everything was told to be final except the VISA number, got RFEs.

    ReplyDelete
    Replies
    1. Yes. Unusually larger number of RFEs.

      Delete
    2. It seems there is lot of confusion. Dependents are getting the RFEs as if they were Primary applicants. Questions pertaining to EVL, I-140 and Job continuity are being asked in the RFEs issued to dependents.

      Delete
  54. Hi, How much spill over is expected for EB2 India?
    My PD is Nov 2008 and I closely missed getting GC in Jan - April 2012 when my PD became current. I have EAD now. Is Nov 2008 to be current this year realistic?

    ReplyDelete
    Replies
    1. Mostly 2014 -- July/August/September

      Delete
    2. Thanks. If the Immigration Bill passes before this Fiscal year, can I expect to become current in October 2013? The Bill has a proposal to recapture unused visas from past year.

      Delete
  55. Any idea what's going to happen in Oct,Nov,Dec bulletins? Will the dates steadily move ahead from Feb-2008, or will they retrogress back to 2004 time frame? My PD is Aug-2008, EB2, and am very close to switching my jobs and applying PERM and labor again. I hope that's okay.

    ReplyDelete
    Replies
    1. Most probably it is going to retrogress.

      Delete
  56. Ambals:

    My attorney says that I should get atleast as much salary as what was put in the job classification by the time my 485 is approved.

    When does 485 get approved? When we get EAD or when we get Green card?

    Please advise

    ReplyDelete
    Replies
    1. When you get your Green Card

      Delete
    2. That is definitely possible. Before the EB3 aggressive porting I was calculating Jan2009 as a possible date, but it should be around Aug2008 now.

      Delete
    3. So when can we expect April 2009? Just curious :)

      Delete
  57. I checked the status of our I-485 application and it says RFE was mailed on June 14th. Has anyone received the actual letter yet?
    What are the reasons for getting an RFE at this stage? How can we prepare in advance?
    How much time do we get to respond to the RFE?
    Thanks for the help and this is a very helpful blog!

    ReplyDelete
    Replies
    1. Most of the RFEs are for Birth Certificate. Check that. Other RFEs can be for medical certificate, current/previous jobs. It is best to wait for the letter.

      Delete
  58. Hey guys, those who are looking to switch jobs, please be patient.... there is an article on Oh Law firm today that says people with PD June 2008 have also got RFE...

    So again, be patient, wait for a couple more months before you make a big decision.

    ReplyDelete
    Replies
    1. Oh Law Firm article also says it might move to August 2008.

      Delete
  59. Does anyone know about interfiling process to port PD from EB3 to EB2. My EB3 PD is Nov 2004 and EB2 PD is Dec 2008.

    ReplyDelete
  60. NewsFlash! USCIS Issues Multitude of Identical I-485 RFEs

    http://www.murthy.com/2013/06/17/newsflash-uscis-issues-multitude-of-identical-i-485-rfes/

    ReplyDelete
  61. Oh boy. Quick question. My I 140 was approved in sept2012 and I will be filling first time for 1485... Assuming the dates will be current for me. Can I switch the job after EAD?

    ReplyDelete
    Replies
    1. Six months after your I-485 is filed and pending, at that point if you have EAD and I-140 approved, then, you can switch jobs. It is better to file AC 21 as soon as you switch jobs.

      Delete
  62. I know all these talks focus on EB2I, how about EB3 Philippines. Will we get spillover? my PD is Sept 2007, will there be movement before Oct2013? Will I be current this year? Thanks!

    ReplyDelete
  63. Ambals - According to the visa bulletin F2A could become current soon. Will this not adversely impact spillover to EB2 next year ? Spillovers from FB categories could become minmal because this has been the biggest source of spillover for EB2. What are your thoughts ?

    ReplyDelete
  64. Hi Ambal,

    Any assumption for EB2I priority date movement in august visa bulletin? Will it cross Nov 1,2007?

    ReplyDelete
  65. I am the derivative and still this is the RFE I have received, treating me like Primary;

    0n January 11, 2011, USCIS issued a Policy Memorandum directing Service Centers processing certain i
    " i visa-retrog'r'esseîîppiìcatioñs for toY request additional to a ñnal

    decision. This policy is reflected in Chapter 23.5(t)(4) of the Adjudicator's Field Manual (AFM).
    Specifically, review of your application shows that:

    You are an Employment-Based Principal Applicant
    An immigrant visa is not immediately available, and
    A valid job offer may be required for your adjustment.

    First, please submit proof of your continuous employment authorization iu the U.S. from the date you
    tiled your Form to the present. Such evidence may include copies of:

    Employment Authorization Documents (EADS, Forms or granted to you by USCIS

    Form 1-797 approval notices, showing you were granted status in an employment-authorized

    nonimmigrant classìñcation, or

    Copies of Form Arrival/Departure Records showing you were admitted to the U.S. in an

    employment-authorized nonimmigrant status.

    Second, you must submit a currently dated letter from your petitioning (Form employer, verifying
    that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to
    work for the original I-140 employer, you may be eligible to adjust pursuant to visa portability under
    section 2046) of the Immigration and Nationality Act if:

    Your Form Iapplication has been pending for 180 days or more, AND
    Your new intended permanent employment is in the same or similar occupational classiñcation

    as the original Form job.

    Note that the current job offer letter from your original or new employer must state the title and duties
    " ' of Vthe offered position, the educational or training requirements, the date you began (or will

    begin) employment and the offered salary or wage. This letter should be on company letterhead and

    signed, in the original, by a person authorized by the organization to make or confirm an offer of
    permanent employment.

    Failure to submit a response is grounds for the denial of your application. A response is required
    regardless of whether an immigrant visa is currently available to you. Your case must remain pending
    until a visa becomes available to you as per the U.S. Department of State's monthly Visa Bulletin,

    available online at www_traveLstate. gov under 'Visas'. Even though you have 87 days to respond to this
    Request for Evidence, the sooner you respond the sooner USCIS may be able to finalize your case if and

    when a visa becomes immediately available to you.

    ReplyDelete
    Replies
    1. so what does that mean: Provide the employment continuation proof?

      Delete
  66. Ambals - dont you think there will be adverse impact to FB spillover to EB2 next year since the latest bulletin predicts that F2A category will become current ?

    ReplyDelete
    Replies
    1. Last year, there was no FB spillover to EB2. This year we have. Yes, without FB spillover there will be less visas.

      Delete
  67. If Principle applicant changed to H4, Can we file 485/EAD?

    I am going for H1B stamping to Mexico next week, by chance if my H1 visa stamping got pending or denied I have a plan to go to H4 (my wife is in H1B). While I am in H4, if my priority date is current, Can I file 485/EAD/AP for myself and my family members?

    I have 140 approved , EB2 India, PD May 2008.

    ReplyDelete
    Replies
    1. It is better to consult an immigration lawyer. I think as your not on h1b, you cannot file for I-485.

      Delete
    2. Hi Ambals,

      Thanks for your reply. I have checked with immigration layer. He confirms that, still I can file I-485 even if I am not on H1.

      Thanks

      Delete
  68. Hello Everyone: Just wanted to share something that you all may be aware: Since for most of our PD are going to be approaching next month- you can still go ahead and do your vaccine with your primary doctors. For most part of the insurance- the vaccine are 0 copay and 100% covered- These vaccines are valid for longer period of time and once your pd becomes current- only thing you would need is the medical check throug the designated Doctor from INS- this way you will not end up paying 3 to 400 $ on vaccine the same day you go for the medicals. All you need is the proof that you have had the vaccine and the doctor would consider that as your proof of vaccine. Hope it will help save all of us some money!

    ReplyDelete
  69. Hi Ambals,

    My PD is Nov 2007. My 485 was filed by a previous employer after which I got laid off. Now with my new employer AC21 has been filed. Would like to know how long should I work for new employer after getting GC. I read in some forums that one should stick with their employer for 6 months after obtaining GC to avoid issues during naturalization. Let me know if you guys have any info regarding the same.

    Thanks !

    ReplyDelete
    Replies
    1. Best case is one year after getting GC. Most practical is 6 months. But, there are folks who have left within one month.

      Delete
    2. You need to work at least 1 year, otherwise you will get problem when naturalization

      Delete
  70. Hello friends,
    Could some one answer to my question?

    If Principle applicant changed to H4, Can we file 485/EAD?

    I am going for H1B stamping to Mexico next week, by chance if my H1 visa stamping got pending or denied I have a plan to go to H4 (my wife is in H1B). While I am in H4, if my priority date is current, Can I file 485/EAD/AP for myself and my family members?

    I have 140 approved , EB2 India, PD May 2008.

    ReplyDelete
    Replies
    1. Your PD wont be current this year..so take ur chance in stamping

      Delete
  71. My priority date is Dec 2007. I see that they issued and RFE, but haven't received anything in the mail as well. I haven't changed my employer since my 485 filing. Will have to wait and see what they are asking.

    ReplyDelete
  72. Hi,
    I know its very difficult to answer this question but any educated guess would be appreciated. My PD is March 2011 India EB2 category. If Immigration Reform bill becomes law by the end of the year, when can I expect my PD to become current ?
    Thanks

    ReplyDelete
    Replies
    1. If immigration bill passess as in current form, then best case will be Oct 2014.

      Delete
    2. Is there any clause in the Immigration bill to make is current ? How could you tell that March 2011 could be current in Oct 2014 if immigration bill is passed ?

      Delete
  73. Hi Ambals,

    I have upgraded my case to EB2 from EB3 & I had to file a new I-485 in May of last year as per my attorney's suggestion. The new I-140 has the old priority date captured and i did receive the EAD/AP docs. Now I see RFE on both old and new I-485. Both applications are with different law firms. The new I-485 RFE is being taken care of. I did not receive the RFE copy for the old I-485 (EB3) and am not sure if my old attorney received it. What happens if the the RFE response is not sent for my old EB3 I-485. Is it a cause of concern? Please let me know your suggestions. As always, thanks much for your time.

    ReplyDelete
    Replies
    1. As far as my understanding goes both the RFEs has to be replied. Please do check with your new attorney ask him if he can get a copy by contacting USCIS and stating, now he is representing you.

      Delete
  74. Does anyone know if there is any dead line for the immigration bill to become law or to fail?? I guess many things are stuck on this for most visa holder.

    ReplyDelete
    Replies
    1. Deadline is Jan 3, 2015. Before that it has to pass. If not, a new bill has to be introduced and whole process will start over again in the new congress session that starts from Jan 4, 2015.

      Delete
    2. I think they were talking about a symbolic target of 4th of july to pass the bill in the Senate. Passage in Senate may not be an issue, but looks like its going to be extremely difficult for the bill to pass in House.

      Delete
    3. Immigration Bill passes in Senate by 67-27 votes.

      Delete
    4. It passed the key senate test for border provision. Not the Senate yet. But, it is expected to have the same kind of votes and is expected to pass before July 4.

      Delete
  75. Vaccines shot ready, passport pictures ready, affidavit ready, I 485 forms filled in- waiting for the next month vb

    ReplyDelete
  76. Even if we get the GC through spouse is it necessary to work for the employer for 6 months or 1 year.What kind of issues we will see at the time of naturalization if we don't stick to the employer after getting the GC ..

    ReplyDelete
  77. Clarification needed: If the bill becomes a law, will the country wise limit be removed? I was going through the bill
    "Section 2306 on Numerical limits
    (a) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is
    11 amended—
    12 (1) in the paragraph heading, by striking
    13 ‘‘AND EMPLOYMENT-BASED’’;".
    This is an extract from http://thehill.com/images/stories/news/2013/04_april/immigration-bill.pdf
    When referring to the Section in the website
    http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1016.html , this has the para 2 as "(2) Per country levels for family-sponsored and employment-based immigrants". My understanding is the numerical limits on the country wise is removed if the bill is passed as law. Please let me know if my understanding is correct.

    ReplyDelete
    Replies
    1. Unfortunately, it doesn't look like the bill will pass the house. There's too much opposition from GOP led house

      Delete
  78. PD is Feb 15, 2008 EB2I. Hopeful of becoming current in Sept 2013. I already have applied for 485 and have my EAD. No RFE so far. Does it mean that the GC will be issued even as 485 applications for earlier PDs are being accepted?

    ReplyDelete
  79. I have priority date of Oct 8th 2007. My I-485 status says that RFE issued on June 14th 2013 but still I have not received the RFE at my home address. Also my attorney has not received it. I called USCIS few days back and confirmed that they have my correct address on I-485 file. Also Immigration Officer said they will resend the duplicate RFE and that will take again 10 more days. Has anyone experienced the same problem ?

    ReplyDelete
  80. Hi.. Is vb will be released by 5th of July ?

    ReplyDelete
    Replies
    1. We are hoping we will get something by this weekend from AILA Conference.

      Delete
    2. refer http://www.immigration-law.com/. India EB2 cut of date confirmed to Jan-2008

      Delete
  81. Oh..will they be accurate to reflect on VB?

    ReplyDelete
  82. U.S. Senate Passes CIR Bill
    http://www.murthy.com/2013/06/27/newsflash-u-s-senate-passes-cir-bill-still-faces-major-obstacles-in-house/

    ReplyDelete
    Replies
    1. Hi Ambal,

      Thanks for all your great reviews. If possible please through some light on what is different between house bill and senate bill which will affect H1b, and aspiring GC holders.

      I got an email from Aman Kapoor of Immigration Voice talking about some of these differences and how it will affect the backlog, but would love to hear your thoughts.

      Thanks.

      Delete
  83. Mr. Oppenheim was unable to attend the AILA meeting here in SF, but through the related attorney, he released the information that the EB-2 India Visa Cut-Off date will indeed move to January1, 2008

    ReplyDelete
    Replies
    1. You mean in the next August VB?

      Delete
    2. Hi Ambal, is it true, Jan08?

      Delete
    3. Yes, August 2013 VB for EB2 India confirmed to Jan-01-2008, Folks get ready to start the music.

      Delete
    4. Where does it say?

      Delete
    5. http://www.immigration-law.com/

      Delete
    6. it is there in the http://www.immigration-law.com/

      Delete
  84. This is cool. Can't wait. Do you think they might release the bulletin before the next weekend?

    ReplyDelete
  85. Is there any clause in the Immigration bill to make is current ? How could you tell that March 2011 could be current in Oct 2014 if immigration bill is passed ?

    ReplyDelete