Tuesday, September 10, 2013

October 2013 Visa Bulletin and Analysis


October 2013 Visa Bulletin was released yesterday. Date for EB2 India is 15 JUN 08 and EB2 China is 15 SEP 08. The cut-off for all other EB2 countries are Current.

I think it is a good news. For EB2 India, the dates stayed the same as Sep 2013 visa bulletin. It is interesting to note the EB2 China dates have moved from 08 Aug 08 to 15 Sep 08. 

Looks like, DOS is coming up with a whole different strategy again. Even it is a new Fiscal year, they kept the dates the same for EB2 India. I am thinking, they are planning to keep the dates as it is for the next 3 quarters. What might change is number of porting cases from EB3 to EB2 India. I believe DOS has a cut off, little about the regular monthly approvals, say about 400 porting applications per month. If it crosses this number, they will move back the dates. So, the obvious next question is, what that will be. Again, it will depend on the dates of the applicants who are porting - anywhere between 01 SEP 04 to 01 JAN 08.

Cut-off dates for EB3 India is 22 SEP 03 and EB3 China is 01 JUL 10. 

I thought, the EB3 India date will keep moving forward. But, for some reason, DOS has kept it the same. It might be because they are consolidating the porting applications and the finalizing the number for FY 2013. Hopefully, it will start moving from next visa bulletin and hopefully a big one.

Hopefully DOS released the demand data next month and USCIS releases the pending I-485 inventory as well next month. These two will give us much more insight.

You can see offical October 2013 Visa Bulletin here - http://travel.state.gov/visa/bulletin/bulletin_6062.html

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265 comments:

  1. Hello Ambals, Thank you.

    Do you think they are holding back on pending porting cases to start processing from october 2013 onward ? I see other tracking forums where direct EB2 filers from 2007/2008 PDs have been approved ... what are your thoughts and estimates on how the porting cases will be handled ?

    ReplyDelete
    Replies
    1. I don't think so. I think it has different review process than regular EB2 thats all. Once the review is complete, it should all be the same. What is your priority date ?

      Delete
    2. March 2005. RFE response was send in Apr 2013 for interfile, by my lawyer. I wonder if my wife's dependent I485 also got correctly interfiled to the old PD of March 2005 - could that be a case for delay in our case ? any way to find out ?

      Delete
    3. You can call USCIS and ask if your case has been interfiled properly.

      Delete
  2. For some reason I do feel that DOS might have some first hand information on expected applications from EB3 to EB2 porting by looking at the approved 140 with captured PDs. I could be wrong, but those numbers (approved 140s) will also give some insight for DOS.

    ReplyDelete
  3. Do you think that they might start using the expected spill-over earlier this year instead of waiting till year end thus moving the dates for EB2I earlier

    ReplyDelete
    Replies
    1. They did that in FY 12. They didn't do it in FY 13. We will see what they will do in FY 14.

      Delete
  4. I was so much hoping that there will be forward movement on EB3I - I am just 8 days away. At least it did not retrogress, right? :)

    ReplyDelete
    Replies
    1. Sorry about that. I thought so too. Hopefully, next month.

      Delete
  5. First off, I want to thank you for the fantastic job you are doing to help throw some light on a very murky process.

    My wife and I have a PD of Jan 29, 2009. We have already filed for our I-485 the last time our PD became current. Per your posts it seems likely that we can expect to receive our Green Cards in August/September of 2014. Can you please confirm if you agree?

    Thanks a bunch!

    ReplyDelete
  6. Hi my date is June 18th 2008. Is there a remote possibility of dates moving next month? Mine is EB2.

    ReplyDelete
    Replies
    1. Realistically it looks like July 2014. But, DOS is looking into different strategies, you might get lucky.

      Delete
  7. So it went as per the best case scenario (which you said was not likely to happen) in your last post. In my view, I think the demand for GCs is much lower in 2009-2010 due to the recession. Now the eb3 folks with priority dates prior to 2008 who were really eligible for upgrade have already upgraded to eb2. (remainders are weaker cases and chances are high that they will get rejected) So the porting rate will fall down too. I think that's why we see the positive movement by USCIS.

    ReplyDelete
    Replies
    1. I think you are right! 2009-2010 applicants for GC must have been very low. And also after that period USCIS became very strict and had rejected lot of I-140 applications

      Delete
    2. I was also under the same impression....Ambals, appreciate your knowledge share...

      Delete
    3. I don't think so. The porting rate will be the same. But, the LCA is taking more than 7 months now. Lot of people are porting. They are just stuck in the process. Even Prewailing Wage is getting delayed.
      I think DOS is going to see the porting applications and decide on the dates.

      Delete
  8. Hi my priority date is December 2009. When do you see it going current? Thanks in advance.

    ReplyDelete
    Replies
    1. There is chance in 2014 to go current, but much will depend on USCIS's strategy. But, based on current data 2015 for sure.

      Delete
  9. Hello,

    My date became current with the september visa bulletin for the second time after filing for I485 in December 2011. I see people around me with PDs after me receiving the GCs. Any thoughts on USCIS processes these applications,is there a sequence or procedure that they follow. I am worried they may run out of the spillover visa numbers if my petition is not picked this month. Also with the October bulletin, they have kept it current for my date,will they have visa numbers available to cover all these PDs in the new fiscal year?Your help & answers are highly appreciated.

    ReplyDelete
    Replies
    1. Your chances are very high to get it this month. If not, you have next month also to get GC.
      From your side you can call USCIS and check your application status and make sure if your address is correct. Also, you can contact your local congressman or senator to check your application status.

      Delete
    2. Its funny how you say to contact the local congressman and senator. Why would they care about green card status ?

      Delete
    3. It is a standard procedure here. If you go to the local congressman or senator's website, they have a section for immigration related enquirers -- for those who live in his/her constituency.
      It has helped me, it has helped my friends, it has helped lot of folks as per trackitt users forum.

      Delete
    4. Just wanted to update that i have received my GC today.I am the original poster of this comment.Thanks.

      Delete
  10. Hi Ambals,

    What are the chances for the date to remain the same and not retrogress in the nov visa bulletin for EB2 India? Thanks.

    ReplyDelete
    Replies
    1. Very high chance to remain the same.

      Delete
  11. Hi Ambals,

    Thanks for your help. I filed for I-485 with the september visa bulletin. I see that the USCIS has withdrawn money from the bank account. Does it mean if the USCIS has just picked up our case or has already processed it and is in a process of sending us letter for finger print.

    ReplyDelete
    Replies
    1. They have started processing your application.

      Delete
  12. ambals, To your quote - "I am thinking, they are planning to keep the dates as it is for the next 3 quarters"

    Please clarify how can they keep the date same and be able to process GCs. As you know there are only 2800 visas for EB2I in 2014. The demand will be more than 2800 correct ? thanks in advance

    ReplyDelete
    Replies
    1. The hope is everyone who has file I-485 before August 2013 and priority date current as of Sept 30, 2013, will be given GC. After that, only those who are porting will come into play. As long as the porting is less than, say 400 applicants per month, they can keep the date as it is.

      Delete
    2. all first time filers before sept 30 will not be able to use from the bucket of spillover since spillovers expire sept 30. SO, First time filers will have to use from regular monthly quota starting Oct 1. So even the new filers will be a part of new demand so I believe it will be higher than 400. Also, dates will have to retrogress on Nov 2013 because spillovers are invalid by then. Is this theory correct ? Please clarify if not.

      Delete
    3. Yes. I am totally with you. That is why I thought it is a great probability for the date to move back in October. But, it didn't not. Which tells me, DOS has whole new strategy in place.

      Delete
    4. that may be due to the fact that DOS cannot assess demand till Sept 30. In Oct, they will know demand and can publish DD and then will retrogress. what do you think ?

      Delete
  13. Hi Ambals,

    I am a first time filer, EB-2 India, Sept 2007 priority date. When can I expect my GC?

    Thank You for your assistance.

    ReplyDelete
    Replies
    1. If you were a first time filer, your case would have been current from 2011 and at least until May 2012 isn't it? Was there any reason why your case was not approved?

      Delete
    2. Dec 2013. But, your priority date has to be current till then.

      Delete
  14. Ambals,

    What are your thoughts about immigration reform helping EB2 India? Thanks in advance.

    ReplyDelete
    Replies
    1. If they pass one reform to recapture all the lost visas over the years. That should clear all the inventory almost immediately.

      Delete
  15. Is it true that eb3 to eb2 porting creating a problem
    for People in Eb2 category ??? If Yes, then why don't they stop this porting process?

    ReplyDelete
    Replies
    1. Porting is allowed by the USCIS. It is legitimate to move from EB3 to EB2 while retaining ones priority date when qualified.

      Delete
    2. Dude, You have to give respect those guys who are waiting for more than 10 to 12 years. I personally know few of them and its no Joke to work in H1 or EAD for a decade.

      Delete
    3. Porting is perfectly valid and legal. It gives an opportunity to anyone who reaches certain eligibility level to get into a different visa category that they are entitled to. Now whether you get in with 2 years of experience and a Masters Degree or 5+ years of pure work experience that depends on the individual. The USCIS allows for this provision.
      Some visa categories are going to bottle necked no matter what the rules are. I would rather prefer porting to than everyone being in one line and wait for eternity.

      Delete
    4. If porting from EB3 to EB2 continue like this then I am sure EB2 category people will wait for eternity....Not sure on what basis EB2 can move forward...

      Delete
  16. My priority date is Nov'2004 EB3I. When you think the date will be current? I am asking as my kid wants to study medicine but it seems w/o GC it's very difficult to get admission.

    ReplyDelete
    Replies
    1. As per July I-485 inventory, there are about 12,000 applicants in front of you. If 3000 in-front of you port to EB2 every year and if regular 3000 get EB3 India GC, then you are looking at Oct 2015.
      But, I feel the number might be less. This can be confirmed after October I-485 inventory.

      Delete
    2. Ambals, How can I find out how many are in-front of my PD?

      Delete
    3. You can't find the exact number, but you can get a feel from -- http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCRD&vgnextchannel=16551543455e5210VgnVCM100000082ca60aRCRD

      Delete
    4. Why is the 2nd Preference i.e., EB2 always not being shown from May 2010 - till date ?

      Lot of applicants in EB2.. that USCIS has not yet counted... lol... any estimation when EB2 PD July 2012 will be able to get GC ? or be able to apply for I-485 or EAD ?

      Delete
  17. Hi Ambals,

    I am a constant follower of your blog and appreciate your time and effort. Question, my PD Jun/05/2009 EB2I and anychance i can get my GC before Oct/2014 ?

    ReplyDelete
    Replies
    1. As per today's available data, in the last 5 years, EB2 India has got minimum 10,000 GCs and maximum 24,000 GCs. Assuming 6000 porting and if 10,000 are available for EB2 India, then it will go to about 01 OCT 08 by Sept 2014. Assuming 3000 porting and if 25,000 are available, then it will go to about 01 DEC 09 by Sept 2014.
      I think it will be somewhere in the middle, so yes, June 2009 is possible.

      Delete
  18. Hi Ambals,

    My 485 docs sent on 30th Aug to USCIS PO box, and it was delivered on 31st Aug, Saturday . So far I haven't get any notifications.I am worrying about Saturday delivery, my lawyer saying that USCIS will not pickup the documents on Saturdays, so I no need to wory. I called USCIS and inquired about Saturday pickup from PO box. I haven't get the answer what I want, simply they said that I will get notified.

    So whats your thought?
    Thanks in advance for your time.

    ReplyDelete
    Replies
    1. What your lawyer says seems logical to me. Wait for some time, it should come through.
      Meanwhile, keep an eye on this link -- http://www.trackitt.com/usa-discussion-forums/i485-eb/1300867913/eb2-september-2013-new-485-filers-receipt/page/3

      Delete
  19. I am a first time filer. My pd is 15th august 2007. I sent my application to uscis on 1st august 2013. I did finger printing on 30th August 2013 and received EAD approval on 11th Sep 2013.

    Are there any chances of getting GC before end of october assuming date will go back to 2005 in nov?

    ReplyDelete
    Replies
    1. very little chance to get in October. Hopefully the dates will stay the same in November and you will get it.

      Delete
  20. Hi,

    My Pd is november 7 2003 eb 3 india. When is it expected to get current?

    ReplyDelete
    Replies
    1. There are about 1300 applications in front of you according to July I-485 inventory data. So, we are looking at another 5 months - March 2014. It will be earlier if there are more porting.

      Delete
  21. Hello Ambals, Thanks a lot for all the info. My priority date is April 2009. We have EAD. My husband medical test showed latent TB. Should we do any treatment for that before 485 becomes current again. We dont want to use medication so we are actually waitign to see. Is there a possibility to get a query. What do u think is best to do?
    Please let me know. Thanks in advance!

    ReplyDelete
    Replies
    1. According to this link, if everything is else is ok, he should be ok:
      http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eea823a46fab4210VgnVCM100000082ca60aRCRD&vgnextchannel=576a3a4107083210VgnVCM100000082ca60aRCRD

      Delete
    2. That is the only issue he had. Thank You Ambals.

      Delete
  22. Hi Ambals,
    my background detials
    Currently in India since 11/2011.
    PD Nov 2008
    Worked for the same employeer fromm 2005 to 2011.

    I went for my EB2 CP intervew at Mumbai.CO told me that my file is outdated and my ETA form 9089 labor certification has expired and issued me 221g asked to submit below docs
    1.ETA 9089 has been expired in july 2008
    2.Current contract between principal applicant and petitioner stating salary,expected hours,job requirements, and work location.
    3.petitioners' current tax returns (years 2011 and 2012)
    4.petitioner's current wage reports.
    5.Applicant pay slips from when he was an employee in 2011.

    Looks like consular officer considering EB2 as H1B, what is the reason behind issuing 221g.

    What are my chances of getting visa after submitting the asked documents?
    My employer is working with their attorney to prepare docs.
    Kindly through some light on it.

    ReplyDelete
    Replies
    1. I am curious. When was your interview? Your date is still not current.

      Delete
    2. I have don't have much information on interviews.
      It is best to consult an immigration lawyer.

      Delete
    3. Sorry my PD is Nov 2007.
      My employer wanted to send all documents to Mumbai consulate directly because they don't want to share their financial documents with me.I'm going to call my company's attorney on Monday.

      Delete
  23. I am a first-timer I-485 filer (PD Nov 2007) on Aug 8th and did fingerprinting yesterday. Assuming that the dates remain current for Nov, do you think it's a good chance to get GC even for first-time filers? Will the visa number be available (since spill-overs don't count now) even if dates stay current?

    ReplyDelete
    Replies
    1. Yes. I think there is good chance to get GC.

      Delete
  24. How do you find out the 1-485 Inventory ?

    ReplyDelete
    Replies
    1. It is here -- http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCRD&vgnextchannel=16551543455e5210VgnVCM100000082ca60aRCRD

      Delete
  25. Hi Ambels

    My PD is Jan 2009, missed to file 485 on last time, buy my project&company status is good till Apr 2014. is this good to change the company now? or is there any possibilities?

    Thanks in Advance

    ReplyDelete
    Replies
    1. It is better to stay in the same company.

      Delete
  26. My priority date is may 2004 eb3. Do you think I will get current in 2014? Thank you for all you do.

    ReplyDelete
    Replies
    1. About 6700 folks are in front of you in EB3 India, we are talking little more than 2.5 years. But, as and when more people port, you should get it early.

      Delete
  27. Hi,

    Thanks for providing valuable insight on this very uncertain process. Our dates became current in early 2012 (PD date May 2008), finger printing, medical, EAD AP was done. Then the dates retrogressed and now became current in September. I still see Acceptance in processing status for our receipt numbers. The lst update date is of June 2012. Does that mean they have not picked our application? Any chance we can get GC in Oct?

    ReplyDelete
    Replies
    1. Yes. There is a very good chance you can get it.
      You can call USCIS and check the status and confirm your address. You can also contact your local congressman or Senator's office and ask them to inquire about your case.

      Delete
    2. The status still says acceptance NOT even initial review. Does that mean they have not even started looking at our application?

      Delete
  28. Hello Ambals,

    Thanks for all the information on your site. My H1 expires its 6 years on sept 30 2013. My employer has filed for GC and my 1-140 has been approved. My lawyer applied for extension and the receipt date is April 15 2013. But it is still in initial review stage. My lawyer says its wait game and positive that it will be done by sept end or within the 240 days extra time we get after h1 b expires.
    I wanted to know if there any other way which I can contact the Vermont center and ask for information /push for its extension apart from applying through premium processing.

    Thasnk
    Deepa

    ReplyDelete
    Replies
    1. You can call USCIS and then, email Vermont center. Check this link:
      http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ddce0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=ddce0b89284a3210VgnVCM100000b92ca60aRCRD

      Delete
  29. Hi Ambals,

    Just wanted to thank you. Yours was the most calming advice I got last week so wanted to update you. I got my card production email yesterday (no decision or post decision emails or status changes). It went to card production direct from Initial Review. Also I got this email twice each for me and my wife.

    Do you have an idea how long it would take for the actual card to arrive? I ask because I am travelling outside the USA next weekend and was wondering if I might receive the cards before then.

    ReplyDelete
    Replies
    1. Typically 6 days from the first status change. You should get another email with USPS tracking number that should give you a better idea. It should also be reflected in your online case status.

      Delete
    2. Ambals, thanks for putting this analysis.

      Since Spillovers exhaust on september 30, the DOS will have time to assess demand by Oct 10 and then be able to retrogress the November visa Bulletin ?

      Delete
  30. My priority date is march 10, 2012. Please let me know when do you see it getting current as number of applicants are less in 2009-2010.

    ReplyDelete
    Replies
    1. Current trend is like 6 years from your priority date.

      Delete
  31. Is immgration reform help Eb2 India ?? How

    ReplyDelete
    Replies
    1. If there comes a law to recapture lost visas, then, it will clear the current backlog.

      Delete
  32. Dear Ambals,
    Your blog is very useful. Thank you! I had a question regarding porting from EB3 to EB2. I want to make sure that I understand the concept. Are there any restrictions on which application can move from EB3 to EB2. If porting continues, will EB2 dates remain static till EB3 catches up?
    Our PD is Nov 2008/EB2. From reading your blog, I get a feeling that the EB2 dates won't move ahead till end of the fiscal year when the spillover from other categories is moved to Ind EB2. Is this a correct assessment or am I being overly pessimistic.

    Thank you once again.

    ReplyDelete
    Replies
    1. Yes. At this point, it looks like the movement will be in the last quarter of the fiscal year.

      Delete
  33. For all who are waiting for EB2I predictions :-

    EB2I Priority date - Prediction to be current
    2008 - 2014
    2009 - 2015
    2010 - 2016/2017
    2011 - 2018/2019
    2012 - 2019/2020
    2013 - 2021/2022
    and so on..........

    To understand the above, please do your own maths.


    ReplyDelete
  34. Hi. I wanted to enquire about the Immigration Reform. What is happening about the reform? Can you please give your take on the Immigration Reform?

    ReplyDelete
    Replies
    1. Senate passed the immigration reform bill. It is still not taken by the House. They are still debating on how to proceed.

      Delete
  35. Dear Ambal - Going by trackitt, there seems to be so many 2008 PD and late 2007 approvals, there seems to be theory floating around that it is possible that the dates might retrogress to 2006 for EB2I because they want to get 2008 approvals out of the way. What do you think of dates retrogressing to 2006 ?

    ReplyDelete
    Replies
    1. Totally depends on the number of porting and applications left after the end of this month and the strategy DOS decides to use.
      It can go as back as 01 Sep 04 or it can stay as it is.

      Delete
  36. Hi Ambals, I need valuable suggestion for the below situation. Really appreciate your help.

    Can we file second I-140 after six months validity of PERM as first I-140 was filed within six month validity of PERM and denied? If yes how late we can file second I-140?

    ReplyDelete
    Replies
    1. Sorry. I am not sure about second I-140. Please check with your immigration lawyer.

      Delete
  37. Hi Ambals,

    I am porting from EB3 (Prev Employer) to EB2 (Current Employer).
    EB3 PD being feb-2007.
    EB2 Perm applied on June-2012 got approval on June-2013, delayed due to RFE.
    Applied EB2 I-140 on Aug-2013 along with the relevenat docs received from FOIA for porting.
    Any idea how much more time it might take to get GC?

    Regard,

    ReplyDelete
    Replies
    1. If your I-140 is approved and if there are no queries, you have a very good chance of getting GC in October.
      You can call USCIS and verify if your case is ported to EB2 and if anything is pending.

      Delete
  38. Ambals,

    I am current and 485 submission is getting delayed to Birth Certificate.

    I am trying to get Non-availability certificate, but thats taking ages from my native place. Question is.

    1. Can I submit just with the affidavits alone and wait for the RFE to come or
    2. Wait until the Non-availability or BC comes.

    I am trying to understand what would be the impact of RFE or does it drive to rejection if BC or Non-availability certificates are not submitted.

    Thanks,
    Raja

    ReplyDelete
    Replies
    1. It is best to ask the immigration lawyer who is going to file the case. He has to be comfortable only then he will file the case.

      Delete
  39. Hi Ambals, Thanks for all the good work.

    My PD EB2 11 Nov 2011 (assume there is some long wait) Is it good to change company now to the employer who is ready to file EB2. I assume I can reuse the PD while filing EB2 I140 with the new employer, is that correct?

    Would appreciate if you can give your opinion.

    Thanks!

    ReplyDelete
    Replies
    1. My I140 with the current employer is approved in 2012

      Delete
    2. It is preferable and cleaner to stay with the same employer till you file I-485 and wait for 6 months. Then, you can move using AC 21.
      For other options, you should consult an immigration lawyer by giving specifics of your case.

      Delete
  40. This is a great blog. Thank you for all the nice work.
    Can you please clarify my question: my priority date is dec 2007 in EB2. I am not yet married. I see that the EB2 dates are current now for my priority date. What are the risks of going ahead and applying for my green card now? How will I be able to bring my spouse after application?

    ReplyDelete
    Replies
    1. It is preferable to get married and both of you apply for I-485 together.
      If it is this month then, F2A is current, in October there is small lag. It might retrogress even further in the later months.

      Delete
    2. Your priority date is "early enough" for you to postpone filing for 485 if you can wait. Even if dates retrogress, EB2-I retrogression is "artificial". The only demand that will show up prior to Dec 2007 going forward is porting demand, which is not much really. Even a couple of thousand spillover will make your date current any time. That's why it is better to wait.

      Assuming you are on H1B, staying on the H1B has its own disadvantages. In that case, if you file, there are 2 possibilities: a) dates retrogress, you are not current and you get married. In this case, you can submit your spouse's application. However if you no longer have H1B at that point, your spouse will still have to wait in India and go with the CP route when the dates open. b) You get your green card. The only way you can apply for your spouse is through F2A. As of this time, F2A is *almost current*, but as recently as last year, it had a 3 year wait.

      Delete
    3. Thank you very much for the replies. Based on both the responses.. I am thinking I will wait. My H1B is valid till the end of next year (Dec 2014). Do you think that, even if dates retrogress we may see it coming forward to these dates next year?

      Delete
    4. My two cents... Apply for your green card and get married etc. I know some friend's of mine who did that. i.e. 2007 July applied for GC and 2008, He got married. 2011- After he got his GC, he added his wife. weigh the risks of getting H1B stamping in India etc. I will say apply for your GC, travel on the EAD. If it takes a little time for your would be wife, so it be. Its better than being @ risk of stamping, H1 rules etc. Talk to a proper lawyer and see how tough is it to add a dependent etc. My two cents.

      Delete
    5. Your 2 cents are wrong. You cannot "add" your wife anywhere after you have the green card. You must apply for her through the F2A, and if the dates retrogress (as expected) to about 2 to 3 years back, then she will have to stay in India for that duration.

      He already said his H1B is valid until Dec 2014, so why would he go stamping? He is already done stamping. In this case, if the job is stable, he should wait until he gets married. Even if dates retrogress today, in July 2014, they will definitely be beyond Dec 2007, so he will get a chance to apply next year. If he is married meanwhile, both he and his wife can send their applications together and get their GCs painlessly.

      Delete
    6. I got my H1b stamped in Canada recently.. and I work in EVC model and contract is stable till end of next year. Thank you very much for the insight. Also, just with google.. I came across I-824. Any body has any idea on what and how useful it is?

      Delete
  41. HI Ambals - please help me. I have submitted 485 but worried I will get RFE for BC. My BC has both my first name and surname but does not have my middle name which in my state is usually my father's name. I am worried because the passport has this middle name. The middle name is my father's name. Will this be a cause for RFE ? What is the remedy ? I know I cannot change BC then will I have to provide affidavit for mom and dad ?

    ReplyDelete
    Replies
    1. Just to be on the safer side, get one affidavit from mom and one affidavit from your dad and keep. If at all you get an RFE, you will have it ready.
      Sample is here -- http://ambals.blogspot.com/2013/06/affidavit-of-birth-along-with-i-485.html
      Confirm with your immigration lawyer.

      Delete
    2. thank you ambals. Should Father and mom's name be according to my passport also ? They also have middle names so I was wondering if I should ask them to put those in this affidavit also ? Also does the affidavit have to be notarized in india before they send it to me ?

      Delete
    3. Yes. It has to be notarized and it has to be the stamp paper (Rs.100 or so). Yes. Please use father's name as in your passport. The point number 5 covers everything in the sample.

      Delete
    4. notarized also from relatives or just from parents ? sorry to ask but it was not specifically mentioned in your article.

      Delete
    5. You need 2 affidavits.
      one -- notary public lawyer and your father. Two -- notary public lawyer and your mother.
      If it is quicker, you can do it from 2 of your relatives, who were present during your birth.

      Delete
  42. What we can hope for EB3-Jan 31 as PD?
    Sometime early next year ?

    ReplyDelete
  43. Replies
    1. There are about 3420 applicants in front of you. With little porting, there is a very high possibility to get GC by the end of Sept 2014.

      Delete
    2. There are 3400 before June 2003. Is it a typo or are you excluding everyone current till October VB?

      Delete
  44. When do you see PD for Oct 2010, going current?
    After reading ur posts & following comments...don't think it will go current until 2016..! Right?

    ReplyDelete
    Replies
    1. Yes. As of now, that is the case. If there is lot of porting, it may increase. If there is a law change, it can become current tomorrow :)

      Delete
  45. My PD for EB2 is July 02 2009 and my labor got approved and applied for I-140. I have two questions

    1) How long does it take I-140 to be approved? Is it worth trying premium but I have my i-94 valid till 2015?

    2) What are the chances of my priority date becoming current? This year\Next year\2015? After spending almost 10 Years in this Country I'm loosing interest in the entire GC Process and planning on going back to INDIA if it's not gonna happen by next year as I'm compromising on some good offers just because of the GC situation. Any moral advice on this will be highly helpful?

    ReplyDelete
    Replies
    1. I can understand your frustration. I would recommend you stay focused now that you have waited so long. Get your I-140 done in premium else it will take 8-9 months. your date might not become present till late next year but at-least you will be all ready for 485 when that happens.
      I have missed the EAD boat twice in the past so can totally imaging your case.

      Delete
    2. 1. Yes. Do premium.
      2. Yes it might possibly become current during August 2014. Hang in there. Everything will workout good. Worse than your case, there are lot of folks waiting for around 15 years.

      Delete
  46. Hi,

    My PD is Sep 10 2008(I-140 approved in 2009). Currently on EAD. Thinking on switching jobs(leaving my current employer that filed my GC). Is this a good idea? And any idea when I can expect some movement?

    ReplyDelete
    Replies
    1. You can not unyil 6 months are over on EAD.

      Delete
    2. I didnt get u...Had EAD last year..this year renewed it. (So, technically after 1yr on old ead + 4 months on the exteneded EAD)?

      Delete
    3. If your I-140 is approved and if you have your EAD and if your I-485 has been pending for more than 6 months, you can move to same or similar job and file AC21 and maintain your priority date.
      Please do consult an immigration lawyer and discuss your particular case.

      Delete
  47. My PD is Dec 2007. My lawyers sent my concurrent 140 and 485 file today to USCIS. Any idea how long it might take to get the GC. This is for EB2 and its the first time i am filing 485. 140 is being done in premium. If the 140 is approved in a month do i need to followup with USCIS to check 485 status. I am hoping GC will come in 2 to 3 months. Dates after me have already got GC and i was stuck in the stupid process :(

    ReplyDelete
    Replies
    1. If you are doing premium, I-140 should be approved within a week. After that, please do contact USCIS and check on status.
      Hopefully you will get it next month.

      Delete
    2. What's the USCIS contact name or number to contact after the 140 is done??? Also any idea what i need to tell them about the 485. Dont want to mess up the case if everything will go fine

      Delete
    3. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=ddce0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=ddce0b89284a3210VgnVCM100000b92ca60aRCRD

      Delete
  48. Hi Ambal..there is a speculation that Visa numbers for 2013 are over and have to wait for the new numbers which is 2014 ... is this true?

    ReplyDelete
    Replies
    1. Possible. It has happened before. But, there is no official word yet.

      Delete
  49. My priority date is 27th aug 2007 EB2. I485 filed on 1st Aug 2013. EAD recieved on Sep 11 2013. When can I expect GC, if there is no RFE?

    Thanks!

    ReplyDelete
  50. My priority date is July 2010 EB2 India. When I can expect to apply for I-485. any thoughts? Thanks

    ReplyDelete
    Replies
    1. Very hard to say when I-485 can be filed. It depends on DOS strategy that changes every year.
      From the current trend, it looks like it will take 6 years from priority date to get Green Card.

      Delete
  51. 2016
    http://www.trackitt.com/green-card-prediction

    ReplyDelete
  52. Hello Ambals,

    My PD is October 15, 2008 EB2 India. Can I expect to get my GC in the spring of 2014?

    Thanks

    ReplyDelete
  53. Ambals, thank you for keeping all of us up to date with this blog. I've been following you for a few years now.

    My PD was March 2008 (EB2). Received GC today, September 19, 2013! It was a long journey with many road blocks in between but I'm glad to say that this phase of the process is finally over.

    Good luck to all of you waiting for your GC.

    ReplyDelete
    Replies
    1. Congrats! So you filed in August, correct?

      Delete
  54. I am first time filer and filed 485 in aug 2013. My PD is July 2007 - eb2. Eb3 to Eb2 porting done.
    Done FP on sep 12 2013 . When do u think I may get my GC?

    ReplyDelete
  55. Hi Ambals,

    Applied EB2(PD Jun-2012) I-140 regular processing on Aug-2013 and I am porting from EB3...EB3 PD being feb-2007.
    And, I already have H1 visa valid thru mar-2015.
    Is it worth to upgrade 140 processing to premium?
    because I read somewhere that a person is eligible to file in premium who Will reach the 6th year of their H-1B nonimmigrant stay in 60 days as of
    the date of filing the Form I-907'

    ReplyDelete
  56. Hello Ambals,

    Just wanted to thank you for this site and the support/information given here to help people. I received my GC. Priority date was April 2008 and got the GC in about 3 weeks after the dates became current, and within one week of receiving the first status update.
    Thank you once again!

    ReplyDelete
    Replies
    1. Wow thats amazing! congrats!
      Which processing center did you send?

      Delete
  57. 400 porting from EB3 to EB2 is really optimistic. even if there are so many applicant, considering the speed at which USCIS works, they wont approve so many applications in one month. now add to that the RFE's. My guess EB2 will remains same or advance by couple of months..

    satheesh

    ReplyDelete
  58. Hi ,

    I filled EB3 in 2008
    Eb3 priority date - Aug 12 2008
    Ported eb3 to eb2 in Aug 2011
    Got filled 485 in Feb 2012 got EAD..
    Eb2 - 140 states priority date as Aug 2008..
    But in 485 receipt priority date as Aug 2011.will my priority date be considered as Aug 2008 or 2011. If it is Aug 2008 , how long does it take to get GC..please suggest..thanks for the help..

    ReplyDelete
    Replies
    1. You should call USCIS and verify what your category and priority date.

      Delete
  59. Hello Ambals,
    My eb2 PD is on 31 st Dec 2008 India.....when I should expect my GC...
    Thank you .....

    ReplyDelete
  60. Hi Ambals,
    My PD is Dec 2007. I just ported from EB3 to EB2. I was looking at the 485 inventory before Dec 2007 and there are more than 4000 pending. Any hope that i could get GC this year??? i have a offer in hand and not able to commit ahead because not sure when the GC will come. Can move on EAD too as the 140 and 485 was filed just last week. So only hope is if a miracle happens and GC gets approved sooner.

    ReplyDelete
  61. My PD is march 2010 and have ead and ap. What is worst case scenario to get a GC for me?

    ReplyDelete
  62. hi,
    I just got approval notice for my I 485 last week for eb2 July 2007. I have apply for my wife I 485 in Aug. 2013 so can you please tell me how long it will take for her I 485 approval.

    ReplyDelete
    Replies
    1. when did you get the finger printing done?? Also what was your 485 application date??

      Delete
    2. Hopefully by end of October.

      Delete
    3. well she just done her finger printing and got her EAD . mine 485 application date was 27 july

      Delete
  63. Feb 2008 priority date, still waiting :(
    Got the response on the SR today:

    "Your petition/application is still pending consideration. We regret that we are not able to give you a timeframe for when we will complete the review of your petition/application"

    Any idea as what this means?

    ReplyDelete
    Replies
    1. It is a standard reply. Hopefully, the SR made them pull your file and work on it.

      Delete
  64. Hi Ambal,

    What is the status of Immigration Bill? Haven't heard about that for a while.

    ReplyDelete
    Replies
    1. Senate has passed it version. It has been stalled in the House. They are still debating how to resolve it.

      Delete
    2. Thanks Ambal. Yes it is Dead. You are right anonymous :)

      Delete
    3. Ambals, What do you foresee about immigration bill getting pass by House?

      Delete
    4. As of now, it looks like a very tough deal. I am still hoping atleast they will pass some deal that will give relief to EB backlog.

      Delete
    5. Hello Ambals,

      Even though they pas the bill in house. Will it get into action immediatly or in OCT 2014?

      Thank You For answerign our questions.

      Delete
  65. Hi Ambals,
    Thanks for all your help with predictions and giving hope to some of us. I have a PD of 2006 and was current since August. I got an RFE in the 3rd week of August which I responded to in the first week of Sept itself and it turned to RFE review. In your experience how long does it take them to review an RFE case? The dates are still current in October, but its been three weeks since RFE has been submitted and nothing has budged. Latest is that there are no visas for FY13. So losing hope right now.

    ReplyDelete
    Replies
    1. RFE is very hard to tell -- they take anywhere from 15 days to 60 days. Try calling USCIS and check the status. Also, reach out to your local congressman or senator and ask them to get the status.
      Good news is, you can still current in October and you can still get you Green Card.

      Delete
  66. Ambals, now that visas have run out and startng Oct there are only 200 visas/month for EB2I, do you still feel the first time filers have a chance ? I ask because there seems to many who are preadjudicated and could not get visas and they will take over these 200 visas per month. First timers have little chance. Dont you think ?

    ReplyDelete
    Replies
    1. Yes, they have a chance. If they get into the first 240.

      Delete
    2. Who comes under first 240 ? Is it based on Priority date or based on 485 filed date ?

      Delete
    3. They say it is based on I-485 notice date. But, we have seen again and again that, it is strictly not that.

      Delete
  67. Hi Ambals,

    Thanks for all your valuable suggestions. My PD is Oct 2010 and my I-140 got approved with company A and they changed the name of the company to B. Now my employer(with name company B) filed amendment for my I-140(which was approved with company name A) and that got rejected. My employer went a head with with Motion to re-open and its been more than 5 months there is no update on my case. What is best advice on this case whether to go with new one or just hold on to this.

    ReplyDelete
    Replies
    1. Try calling USCIS and see if they can give you a status.
      I am not sure why they would reject for name change.
      Also, you can try and get an opinion from another immigration attorney by giving your case details.

      Delete
  68. Hello Ambals, Any insight on Nov 2013 bulletin for EB2 I ? stays put or moves back (if so - where to ?)

    ReplyDelete
    Replies
    1. Thank you - any estimate on how long from the time a case assigned to an officer => approval (pre adjudicated already and assuming no new issues?)
      Thanks again for your insights and time!

      Delete
    2. Totally depends on how many cases are assigned to that officer and which number you are.

      Delete
  69. Check this...
    http://www.brookings.edu/blogs/up-front/posts/2013/09/18-immigration-reform-us-india-ruiz

    ReplyDelete
  70. What are your predictions for Aug 2009 EB2 India becoming current...

    ReplyDelete
    Replies
    1. As of now, there is a possibility it might become current in August 2014.

      Delete
  71. Hi Ambals,
    I have a Visa question for you.

    I am on L1-B Visa and will complete 5 years in Dec. What are my chances of getting H1B and GC next year, if I apply for FY 2015 H1B.

    Till then I will be on H4 and can not work.

    Thanks,
    Pallavi

    ReplyDelete
    Replies
    1. It is very hard to tell about the chances. It totally depends on how economy is doing and how companies are open for H1b. These decide the H1B number and that decide your chances.
      On side note, I think the continuous L1B + H1B is 6 years. So, you might want to think about your options.
      It is best to consult an immigration lawyer and explain your case and ask for different options.

      Delete
  72. Hi Ambals,

    My PD is May 1st 2008, I had submitted last year my I485 when dates were current. Now its been a month and it still shows my status as Accepted, dont see any change. I am going to call USCIS next week after 30 days. Its good that october bulletin is still current, but my worry is that if it does not come within 30 days and the Nov bulletin retrogresses.. what will then happen to my green card?

    Appreciate if you could share some insights on this.

    Thanks

    ReplyDelete
    Replies
    1. Hi Anonymous,

      Call USCIS and find out if your case has been pre-adjudicated. If it is, then you have nothing to worry about.

      Delete
    2. Call USCIS First week of october and check. There is a very good chance you can get in october.

      Delete
  73. hi ambal,
    I got my I 485 approval notice on 9th sep but I have not received greencard yet. can u tell me how long its take to get card.

    ReplyDelete
    Replies
    1. Typically, it should come in one week. Wait for a week and then, call USCIS and/or go to local office and check with them.

      Delete
  74. Hi Ambals- I received my finger printing for mid October but due to pregnancy related timings we don't think we can make it. Is it possible to do a early walk-in. Do you foresee any challenge. Is it a good enough reason??

    ReplyDelete
    Replies
    1. With my personal experience, I can say it is possible. I had a valid reason (kids passport was expiring before the actual FP date) and also based on your ASC work load. Try walkin and explain your situation.

      Delete
    2. Yes ! You have a very valid situation to try the walk-in. I would suggest you take a letter from your Doctor and try to to get there very early, I think they would be more accommodating at a time when things are not super busy.

      Delete
  75. Ambals- Thanks for the great responses. I sent the concurrent 140 and 485 couple of weeks ago and just checked the status , Its was premium and now its stuck in initial review stage. The message was "On September 27, 2013, the 15-day Premium Processing clock stopped on your I140, IMMIGRANT PETITION FOR ALIEN WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. "

    Not sure what that means???? :( Hope no RFE or rejection. Not sure if this 140 issue will impact my EAD process.

    ReplyDelete