Thursday, September 10, 2015

October 2015 Visa Bulletin and Analysis

October 2015 Visa Bulletin was released yesterday.

EB2:

Date for EB2 India retrogressed further from 01 JAN 06 to 01 MAY 05. EB2 China 
jumped from 01 JAN 06 to 01 JAN 12. The cut-off for all other EB2 countries are Current.

Good News is the EB2 China jumped 6 years.

EB3:

Cut-off dates for EB3 India retrogressed from 22 DEC 04 to 08 MAR 04. EB3 China moved from 22 DEC 04 to 15 OCT 11. EB3 Philippines moved from 22 DEC 04 to 01 JAN 07. For all other countries the date stayed at 15 AUG 15.

Good news is there is forward movement for most of the countries.

I-485 Pending inventory:

I-485 pending inventory data was released last month. It says the data is current as of 20 July 2015. For EB2 India, there are 18,744 pending applications, whose priority is before 01 MAY 2010. For EB3 India, it is 25,146 applicants before 01 SEPT 2007 Priority date.


On the EB3 India side, there are 8,837 I-485 applications pending in 2004 alone. Here, EB3 Other countries pending count is 11,367.

What is new ?:

This is the first time, the visa bulletin has introduced two different dates. The above dates you see reflect the cut-off date for getting Green Card. They have introduced a new chart of dates. If your priority date is before the cut-off date, then you can apply for I-485, EAD and AP.

More information is here  -- http://www.uscis.gov/visabulletininfo#New Visa

EB2:

Adjustment of Status (AOS) filing cut off date for EB2 India is 01 JUL 11
. For, EB2 China it is 01 MAY 14. The cut-off for all other EB2 countries are Current.

For example, if your priority date is before 01 JUL 11 and if you belong to EB2 India category, you can file your I-485, EAD, AP applications along with all the other documents and applications next month.

EB3:
Adjustment of Status (AOS) filing cut off date for EB3 India is 01 JUL 05. For, EB3 China it is 01 OCT 13; For EB3 Philippines it is 01 JAN 15. For all other countries it is 01 SEP 15.

What to Expect Next Few Months:

For EB3 India:

I was hoping it won't retrogress here.  But it has. Looks like they moved a lot on the cutoff date for getting Green Card.

For EB2 India:

October Visa Bulletin is the first bulletin for the fiscal year. What will happen will depends on DOS Strategy. They have retrogressed EB2 India further on cut-off date for getting Green Card. My guess is they are going to keep it like this for next 6 months or so and then decide.


On the cut-off date for AOS filing, we have no data to back it up. So, my total guess on that is, they will keep it like this for another 3 months or so and see the demand and they will decide to move it up.

If you are waiting to file I-485, please use this opportunity to gather all the documents and keep it in place:


The above links are for reference only. Please check with your lawyer and check the USCIS website for official latest list.

For all EB2, EB3 India folks -- 
Unfortunately, if we want to be here, we all have to go through it. Yes, it is a tough long frustrating journey. Hang in there. It will get over soon.


Links:

You can see the official October 2015 Visa Bulletin here -http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

You can see the official I-485 pending inventory Data here - http://www.uscis.gov/green-card/green-card-through-job/previous-pending-employment-based-i-485-inventory/pending-employment-based-i-485-inventory

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189 comments:

  1. Hi Ambals,
    My PD is OCT 2010 EB2. Does that mean I can apply for I485 at this time? Please advise.

    Thanks so much for your continued effort on keeping the community updated with latest GC analysis.

    ReplyDelete
    Replies
    1. yes, prepare documents and celebrate.

      Delete
  2. This bulletin is good news for applicants who are waiting to file 485 so they get EAD and partial freedom. However; I think it's a really concerning bulletin for applicants who have EAD and waiting for Green Card. It's reflecting an intent of not giving Green cards anytime soon. Now there is no pressure on USCIS to move the PD for issuing Green cards.

    I have PD of May 2009 and after this bulletin, I think I am not going to get Green card for next 2 to 3 years.

    ReplyDelete
    Replies
    1. I am in the same boat as yours with PD Oct 2009 and having EAD.
      I really dont know when I can expect to have the GC !

      Delete
    2. Dont expect GC. EAD and AP is awesome ....with that you can change your job after 6 month without losing PD.

      Delete
    3. Kheer khaya aur Mithai bhi chahiye......

      Delete
  3. Hi Ambals,
    I have PD of March 2011 and getting a good FT opportunity. New employer is willing to file GC from scratch. Should I join the FT opportunity or file I485 and move after 6 months on EAD. You think these dates will remain and won't go back for filing EAD.

    ReplyDelete
    Replies
    1. Dont take any chances dude....Just ignore FT for another 6 month...File 485 and AP...

      Date may go back before you wink...i would say file it asap.

      Delete
    2. File 485. Why risk? Move after 6 months

      Delete
    3. Forget about that FT.

      Do everything for that EAD & AP.

      Delete
  4. Hi ambals I have a question. I had my pd for March 2011 in eb3 and then I changed employment and now I am going to port to eb2 and will file for i-140 next month and I was wondering if I can file for 140 and 485 concurrently in this case? TIA for your time and advise

    ReplyDelete
    Replies
    1. you can file it together if the AOS dates remain same.

      Delete
    2. Not sure but I believe you can file I 485 only after I 140 approval since I 485 has to be filed under filing date category. To my understanding, only approval date cases can file concurrently. Check on oh law site they had some comments about this.

      Delete
  5. Am I right in assuming that , if we file for 485 via this new method, once we get the EAD, we can change jobs after six months?

    ReplyDelete
    Replies
    1. yes...thats right and you can keep your pd

      Delete
  6. Once you get EAD then we just have to wait till we get GC. Note on job change on EAD

    The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made.

    ReplyDelete
  7. My husband's PD is Aug 2010 in EB2 and his company is applying for i-485 with this new rule. My company has applied for Labor in August under EB2 category using my previous PD for EB3 which is June 2008. When my husband applies for EAD, can he just do it for him alone and do i need to be added to that? I want to continue my GC processing with my employer since my PD is 2008 and his PD is 2010. Is that possible?

    ReplyDelete
  8. Can someone point out specific advantages of EAD over H1B?

    ReplyDelete
    Replies
    1. I think except for job change, nothing much!

      Delete
    2. 1. No need for H1-B stamping when travelling out of the country.
      2. Can change jobs after 6 months.
      3. No tension on H1-B renewal and getting client letter.

      Delete
    3. On top,
      no tension of amendments
      no tension of uscis site visit
      no tension of prevailing wages
      moreover not dependent on any employer
      etc. etc.

      Delete
    4. 1. Your H4 spouse can also get EAD and work. This is the biggest benefit. Of course, with the H4 EAD rule, things have changed slightly.
      2. If you get stuck in your home country due to 221(g) during visa renewal, you can use your AP to return back. This is huge relief for those who get 221(g) during renewal/stamping.
      3. On H1, if you get laid off, you are out of status. On EAD, after 180 days, if you get laid off, you can utilize AC21 and find a new job. You are not out of status as long as you don't get an RFE when unemployed.
      4. Some companies do not consider H1b's but consider EAD applicants.

      Delete
  9. Is the filing date cut off applicable for approved I140 with the current employer? If i had an approved i140 with my previous employer, will i be eligible?

    ReplyDelete
  10. is there any possibility teh dates will advance. MY PS is end of august 2011. Greg Siskind is commenting the category to apply 485 may not advance further.

    ReplyDelete
    Replies
    1. Yes, this will help me too as mind is July 7,2011. Please advise.

      Delete
  11. My PD is Sep 2010. Can I apply for I485 next week or should I wait till 1st October?

    ReplyDelete
    Replies
    1. Applications will be accepted starting from October 1st.

      Delete
  12. Hi,

    My PD is July 7, 2011 under EB2 category. Resigned from company A that sponsored my GC this week before the release of the visa bulletin and serving notice period. Should I stay back? Please advise.

    ReplyDelete
    Replies
    1. Yes. Definitely stay back until 6 months after EAD approval. This is a great chance you don't want to miss.

      Delete
    2. I am in same boat, I would say to go with the better opportunity, dates to file AOS won't move back much from here on as not much applicants left before 2011. You will be looking for better opportunity after getting EAD and if you are getting it now then nothing better than that. Moreover too many people will start looking after 6 months.

      Delete
    3. Folks, will the priority date is lost when the employer revokes the I140 petition? I came to know that whether the priority date is maintained or not is uncertain as USCIS has reversed it position few times on it. Please let me know.

      Delete
  13. Please dont change the jobs at this juncture unless absolutely needed

    ReplyDelete
  14. I applied for GC under NIW. after I get the i485 ead and AP, can i leave my job and stay at home while spouse works on ead?

    ReplyDelete
    Replies
    1. Can you please help us to understand your NIW

      Delete
  15. Hi,

    Can I travel outside USA after 485 EAD is applied for-on my current H4 stamped visa?

    ReplyDelete
  16. When is the last day we need to submit all documents if I am eligible to apply for 485? I am not getting any doctor apptmt for medical exam until Oct end.

    ReplyDelete
  17. This comment has been removed by the author.

    ReplyDelete
  18. I have applied for my L1 extension, my priority date is April 2011 in eb2, should I wait till a decision is made on my extension before applying I-485 or go ahead and apply for I485 in October

    ReplyDelete
  19. I think this situation will lead to more porting because people are desperate to get an EAD for variety of reasons like new opportunities, buying home, long wait times which mentally drains etc. Everyone wants to have better life so no point in arguing about porting at this moment and system is allowing it.
    I think the wait for EB2 2009 August like mine is at least ANOTHER 7 years and who knows EB3 will move much fast down the line. As someone said US has no interest in legal immigration because we don't make numbers. More middle eastern people will be coming in so focus will be on them and we are all screwed.

    ReplyDelete
    Replies
    1. You are right. My PD is a year after yours, and I expect to get GC 10-12 years from today, going by the current trend.

      Delete
    2. 7-10 years more wait for 2009 is a conservative measure
      It may be 10-15 years wait, my friend.

      Delete
  20. I left my previous employer after got I-140 approval, Can I apply for I-485 now while staying with current employer? Current employer hasn't started my GC process yet.

    ReplyDelete
    Replies
    1. If your old I-140 is not revoked then conditionally, YES. You need to get a bonafide letter from your previous employer to show the intent of old offer.

      Delete
  21. My PD is 07/07/2011. When do you think, I will be eligible to apply EAD?

    ReplyDelete
  22. hello all, my lawyer says not to submit medicals along with i485. Any thoughts.

    ReplyDelete
    Replies
    1. Did you ask your lawyer why he suggested that...because medical is one of the document which you need to submit..do your own search or ask shelamurthy

      Delete
    2. My lawyer said the same thing that submitting medical is optional as it is valid only for 1 year.

      Delete
    3. yes, my attorney mentioned same, not to get the medicals done as they are valid for one year and most likely the date in 2nd chart will NOT be current in one year.

      Delete
  23. My lawyer said same thing. Not sure it's worth taking risk.

    ReplyDelete
    Replies
    1. Hi Doc,Is your lawyer Indian.Generally this kind of things suggested by Indian only. Did he tell you why not to submit medical..

      Delete
  24. Folks, is it true that the priority date is lost when the employer revokes an approved I140 petition? I heard that USCIS has reversed its position on this a few times but not sure about the current situation. Please let me know.

    ReplyDelete
    Replies
    1. if your AOS is not filed for 180 days and before that ( anytime) your employer revokes the approved I-140, then it is lost.

      Delete
    2. Well if you question is about retaining your priority date, I think it's always yours. Per info at Murthy's website... longstanding policy by the USCIS and Legacy INS has been that, even following a revocation of the I-140, the priority date still may be retained. The one exception to this, per the USCIS Adjudicator’s Field Manual (AFM), is when the I-140 is revoked by the government based upon fraud or willful misrepresentation.

      Delete
    3. I checked with the attorney Greg Siskind from visalaw.com. Here is my question and his response as of 9/14/2015 -
      Q :
      What is the current rule in effect on the priority date? Is it lost when the employer revokes the I 140 petition?
      His Response -
      USCIS has gone back and forth on this. Most recently they have said you lose it. But I'm betting this will change again soon.

      Delete
  25. Friends, my PD is 01 May 2013, any guess when I be able to file for AOS for EAD? Thanks

    ReplyDelete
    Replies
    1. Thanks, May I know how are you able to predict?

      Delete
    2. That's a long calculations which nobody understands....

      Delete
  26. Jan 2016 VB - eb2i will be moving significantly. They will start with jan 2009!!!

    My years of predictions on VB have been mostly true.

    ReplyDelete
  27. Hi guys,

    Any guess November 30 th eb2 india will become current for green card?. I have an ead and ap from last year. Do you think dates may move in 2016?.

    ReplyDelete
    Replies
    1. It's for 2008. Forgot to mention the year.

      Delete
    2. Wishing you good luck. Hope so... heard lot of 2008 folks have already got their GCs...

      Delete
  28. My PD is 7/20/2011 eb2 India. Do you think my PD would be current next month to file for EAD?

    ReplyDelete
    Replies
    1. eb2 india I-485 filing has reached 7/1/2011. So mean it will take 2 years to move to 7/20/2011.

      Delete
    2. OMG! How did you company even file a GC for you?

      Delete
  29. My PD is December 2008 EB2. Any predictions on when GC dates (not EAD/AP) could become current for me?

    ReplyDelete
  30. Hi,

    My PD is Oct 2010 for EB2 India. I had the following questions
    1. If I can file for I-485, EAD, AP applications, how long do I need to wait till I can change my job?
    2. If I don’t file for I-485, EAD, AP applications and this date retrogresses in future bulletins can I still file?
    3. My company is not paying for my applications and the co. lawyers are charging above $6,000 for filing. Can I file the application myself? Also, how long can I wait to file. Is there a time limit?
    4. If my application is approved does it mean that my co. need not sponsor my H1B and I can travel to and fro from the U.S without a visa?
    4. Can I add dependents later. Like I plan to have a child in India late next year. If I were to add the child after the documents have been approved, does the child need to stay in India for two years( like GC) or can come immediately( Like H1B)

    ReplyDelete
    Replies
    1. Hey Dude,

      Yes .. U can file EAD on ur own. I wanted to do same, but I have very good repo with my company and the lawyer. He's charging me 2K for his fees.

      Ths is will help u .. here u go;


      http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/5132-filing-i-485-ead-ap-on-own-without-lawyers-help.html

      Delete
  31. Hi,
    My PD is April 2010 under EB2. I will be filing for the adjustment of status on Oct1, 2015. My company is telling "USCIS of-course not adjudicate their adjustments until their priority date has become current" - Is this correct? Does that mean even I apply for Adjustment of Status, I wont get EAD until priority date becomes current?
    Please clarify

    ReplyDelete
    Replies
    1. you will get your EAD and AP while your adjustment of status is pending. you just wont get your GC till the date becomes current. you have to keep extending your EAD in the mean time

      Delete
    2. Got it, thanks for the explanation.

      Delete
  32. Hi there, thanks for having this useful blog and forum. Can you please share from where did you get this information "For EB2 India, there are 18,744 pending applications, whose priority is before 01 MAY 2010" ?
    Can we get information on how many have PD before 15SEP2005 ? Which is my PD.
    Thanks

    ReplyDelete
  33. Hi there....Does anyone know on what basis USCIS had come up with 01 July 2011 cut-off date for filing EAD? Are there any chances or prediction that it will move forward? My PD is Jan 2013. Thank you.

    ReplyDelete
    Replies
    1. The answer for all ur questions is 'Depends' ... Plug in that answer for all of ur immigration questions ...

      Let me state the depends logic in little detail. This new acceptance date is in place since USCIS doesn't want to have any unused visa numbers at the end of their year. Having said that, I think there will be no movement in acceptance dates as USCIS may want to wait and see the counts of EB2 I485 applicants. I think if they get a count of around 20K, they may not move until next year*. If the counts are few thousands (which I doubt) they may move the acceptance date by Jan/ Feb VB.

      * Next year assuming we get a good spill over at the end of this year. If we get a few thousand spill over like how we got this year (most likely the case) the acceptance date may move only after 2 years (I guess) ... This is what I think unless USCIS wants to be nice with us all and moves the acceptance date to 2012/ 2013 ..

      Delete
    2. If the Visa post increase more L1B rejections (specifically from those perpetrators.. who known themselves).. there is hope for spillover. I wish the rejection rate goes as high as 90% for them.

      Delete
  34. My PD is Feb 2011. I am going to apply for the EAD. I have the following questions:
    1. Once my EAD application is pending for 180 days if I still want to continue in H1B (As people say it is much safer to not to use EAD) , can my wife use the EAD to do her job (instead of her H4 EAD)?
    2. If I change job using EAD and in future if I lose job (in EAD), do I again have to start from scratch?
    3. If I go to US consulate and US port of entry there is no certainity that they will allow me to enter this country once again (in H1B). Can I then use my AP to come back?

    ReplyDelete
    Replies
    1. 1. YES
      2. If you passed 180 days then you can change job without issues
      3. Yes. I did the same. I went overseas and travelled on AP while on H1B Status. Once I came my employer filed for H1B renewal and I got it

      Delete
  35. My PD is April 2009 EB3. Does anyone have a prediction on when I will get the filing date for this PD?

    ReplyDelete
    Replies
    1. Its all depending on how many resources they have in each service center to process and how much time they take to process each application. For at least next few months there will be no or little movement in acceptance date. Later they may move by 6 months to 1 year and i am sure the dates will not change every month.

      Delete
    2. But most of the attorney are suggesting not to move employers now as cut off may move any time.

      Delete
  36. Hi - My PD is Nov 30th 2010...can i apply for my EAD? Also my wife was on h4 till now and i recently applied for her EAD the new rule which said we can apply for EAD. Is the process of adding her to the adjustment of status now in terms of filling out the forms any different?

    ReplyDelete
  37. Hi I recently applied for my wife's H4 EAD. Will the process of adding here to this adjustment of status be any different since i already filed her H4 EAD? I am mainly interested in finding out what all firms whould i be filling for me and my wife...Thanks

    ReplyDelete
    Replies
    1. They are separate. H4 EAD is valid only for the visa period. Eg., if your H1B is valid till 12/31/2016, H4 EAD will be issued only till 12/31/2016.

      When you file for H1B EAD, you should file for your dependents too..

      Delete
    2. So you are saying that i need to file a new I-765 for my wife along with mine when i am filing for adjustment of status. Right?

      Delete
  38. My company fired me I have my PD as may-11. What are my options?
    - Should I go ask my company to keep me back on payroll till my AOS & AP is filed?
    - Get a new job in different company & file new I140, Transfer PD then file AOS?
    - Any other suggestions?

    Thanks in advance.

    ReplyDelete
    Replies
    1. Sorry that you lost your job. But wondering how your employer will hire you back after firing when job is terminated. Second scenario is likely in your case. If your old employer can keep payroll till you file and wait for 180 days then you can go to new company. After 180 days your employer cannot revoke your I140

      Delete
  39. Try to stay till you file.

    ReplyDelete
  40. Hi,

    I am filing my i-485 by myself.

    I am in EB2-I, family ( me, my wife and a kid).

    My question:-

    Should I have to submit i-486 OR i-134 form as affidavit of support ? Which one ?

    ReplyDelete
    Replies
    1. I think only i-134 will be suffix.
      i-486 is for mainly family based 485 to show support for relatives.

      Delete
  41. My priority date is Feb 2008 - EB3 India, Can someone please predict when we could apply for the the AOS ( I-485 ) based on this recent change

    ReplyDelete
  42. I am in EB3 I 2008 and have couple of questions:

    Any idea how long I expect to wait filing I-485?
    I recently got promoted and moved to next level and asking my employer to approve EB2 porting. I have BSc comp 3Yrs + IGNOU MCA. Am I still eligible for EB2?

    ReplyDelete
    Replies
    1. I do not believe you'd be eligible for EB2. I think you need to have 4yrs degree + over 5yrs progressive experience to be eligible for EB2. I am not sure if IGNOU MCA makes any difference.

      Of course, I could be wrong. You should talk to an immigration attorney.

      Delete
    2. Thanks. What about wait time on eb3?

      Delete
    3. http://www.murthy.com/2013/08/26/exceptional-candidates-may-qualify-for-eb2-without-advanced-degree/

      Delete
  43. I-485 may be medical is not required now see below
    http://blog.ilw.com/gregsiskind/2015/09/09/the-new-state-department-visa-bulletin-dual-charts-faq/

    ReplyDelete
  44. for i-485 medical can be submit later as mediacl is valid for only 1 year, see below
    http://blog.ilw.com/gregsiskind/2015/09/09/the-new-state-department-visa-bulletin-dual-charts-faq/

    ReplyDelete
    Replies
    1. As per Murthy's attorney: The USCIS may issue a RFE immediately after receiving the I-485 or it may wait several months. You never know. Its better to submit with 485.

      Delete
  45. Hello Ambals,

    Thanks first off for the wonderful and insightful blog. I would appreciate your insight. Company A filed for my PERM and I-140 in Jan 2011(PD Jan 2011). I was a software engineer there...and I resigned from there in 2014. I am now in a Director level role in Company B(got 3 yr extension based on approved I-140) and they have not started my GC process yet. Can I apply for I-485 under the present scheme? I dont want to go back and work as a software developer for Company A...they will take me as an employee for sure though. Please advise.

    ReplyDelete
    Replies
    1. As far as my understanding goes, you need to work for the company which applies for your green card, for some time after you get your green card. It is best to consult an immigration lawyer, giving your exact PERM role filing information and current job description.

      Delete
    2. oh man...you gor director level from Software engineer level...you should be lucky chap...wait for your term in new role....you can go back as SE...probably you might have forgotten everything by now.

      Delete
  46. Hello,

    My priority date is July 2007 (EB2 India). Any predictions on when it will be current? I recently got my EAD.

    Thanks

    ReplyDelete
    Replies
    1. Worst case Sep-2016. Best between Jan-Mar 2016.

      Delete
    2. 1. Company B should file for your PERM and you can carry the Company A's PD provided your designation did not change.
      2. If you want to file I-485 based on Company A's I-140, you should get verification letter from A.

      You should be on EB1 if u r a director..

      Delete
  47. Hello,

    My priority date is July 7 2011 (EB2 India). Any predictions on when the cut-off date will be current?

    ReplyDelete
    Replies
    1. http://www.murthy.com/2015/09/21/visa-bulletin-analysis-predictions-and-trends-cutoff-date-movement-will-be-more-predictable/

      Delete
  48. Greg Siskind ‏@gsiskind 37m37 minutes ago
    To clarify - USCIS would be forcing DOS to reissue the Visa Bulletin like they did in 2007 with new dates. @USCIS - care to comment?
    1 retweet 0 favorites
    Reply Retweet 1 Favorite
    More
    Greg Siskind ‏@gsiskind 41m41 minutes ago
    Is USCIS Considering Re-Issuing October Visa Bulletin With Earlier Filing Dates? http://blog.ilw.com/gregsiskind/2015/09/24/is-uscis-considering-re-issuing-october-visa-bulletin-with-earlier-filing-dates/ …
    View summary 1 retweet 0 favorites
    Reply Retweet 1 Favorite
    More
    Greg Siskind ‏@gsiskind 49m49 minutes ago
    Hearing VERY disturbing rumor USCIS considering issuing new Visa Bulletin w earlier dates than recently released Oct. bulletin. Anyone else?

    ReplyDelete
  49. it seems like all medicals are waste for acceptance dates

    ReplyDelete
    Replies
    1. Doesn't make any sense to get medical now. You will end up paying twice or worst condition thrice.

      Delete
  50. http://www.murthy.com/2015/09/21/visa-bulletin-analysis-predictions-and-trends-cutoff-date-movement-will-be-more-predictable/

    ReplyDelete
  51. I think we can be optimistic and continue our preparation for filling.

    ReplyDelete
  52. I checked with Fragomen, they informed that they are not aware of any such news. It looks to me, Greg want to increase the hits to his website.

    ReplyDelete
  53. EB2-I NEWS FLASH:

    USCIS HAS UPDATED OCT 2015 VISA BULLETIEN AND MOVED BACK EB2-I DATES to 01 JUL 2009.

    http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-october-2015.html

    ReplyDelete
    Replies
    1. Heard about Oktoberfest and April fools .. They just made us Oktober fools

      Delete
  54. Holly shit USCIS...date went back.....

    ReplyDelete
  55. this is so insane.. height of nonsense.

    ReplyDelete
  56. Dis iz guud!!! 3 cheers for the EB1C consultancy geniuses - I got my GC under EB1C manager with BCom degree in India. Even USCIS is mocking the so-called MS/Phd fellows - wait for 20 more years guys and u will get your GC. LOL!!!

    ReplyDelete
    Replies
    1. good sarcasm man :)

      Delete
    2. No sarcasm. High time to look for ration card.

      Delete
  57. " adjusted to better reflect a timeframe justifying immediate action in the application process. "

    Nothing to worry

    ReplyDelete
  58. I have spent significant amount of money for performing doctor visit and test. Also wasted lot of time in lining up the documents and just sent to my attorney today.

    USCIS - Give my money back and pay for my wasted time..

    ReplyDelete
  59. This is depressing.. I am EB2 Oct 09.. not a porter.. missed it the second time.. It is ridiculous that USCIS planned and released the dates on 9th and within three weeks had to change.. I doubt they could dare to do this to US citizens

    ReplyDelete
  60. Lets go back........ This is enough

    ReplyDelete
  61. How is this visa modernization??

    ReplyDelete
  62. Absolutely ridiculous really

    ReplyDelete
  63. From Greg Siskind@ I firmly believe USCIS will reverse themselves – either by the order of a judge (email me at gsiskind@visalaw.com if you’re interested in participating in a potential suit) or as a response to overwhelming public pressure.

    I urge everybody to respond to gsiskind@visalaw.com & file a suit.

    http://blog.ilw.com/gregsiskind/2015/09/25/visagate-2015-edition/

    ReplyDelete
  64. If you impacted with today's visa bulletin then please fill following form.

    https://www.facebook.com/ImmigrationVoice/posts/1011392792260278?pnref=story

    ReplyDelete
  65. I committed on buying a home based on the hope that I will get an EAD with in six months. 650K investments an I am in limbo. Can someone send me a contact for a good immigration lawyer. I am going to sue the USCI.

    ReplyDelete
    Replies
    1. I saw your statement every where, please stop. I am also victim and lost 6000$. We choose this America We have to follow rules here. WE ARE INDIANS AND STOP CRYING

      Delete
  66. Friends, please sing this.

    https://petitions.whitehouse.gov/petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

    ReplyDelete
  67. Friends please sign this,

    https://petitions.whitehouse.gov/petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

    ReplyDelete
  68. thanks to all the powerful lobbyist who wants to keep the slave business running along with the visa renewal system.

    ReplyDelete
  69. https://petitions.whitehouse.gov/petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

    ReplyDelete
  70. Guys,

    Let's see how we can file a law suit. I am hopeful that we can win this case as what happened in July 2007. Let's contribute $500 each and hire an immigration attorney. Please drop an email to october.bulletin@gmail.com and let me know if you are willing to contribute to this.

    http://blog.ilw.com/gregsiskind/2015/09/25/visagate-2015-edition/

    Thank you

    ReplyDelete
  71. https://petitions.whitehouse.gov/petition/uscis-and-dos-changed-priority-dates-categories-all-sudden-and-causing-financial-and-mental-loss

    ReplyDelete
  72. So far I have five people (including me) committed to contribute for hiring an attorney. We need at least twenty people.Once we have 10 - 15K we can jump on a call and see how to proceed. please send an email to october.bulletin@gmail.com if you can contribute $500.

    ReplyDelete
  73. This comment has been removed by the author.

    ReplyDelete
  74. Update: So far we have twelve contributors pledged $500 each. We need another eight to kick-off our campaign. Please ask your friends to send an email to october.bulletin@gmail.com to show interest and willing to contribute.

    ReplyDelete
    Replies
    1. From Greg Siskind@ I firmly believe USCIS will reverse themselves – either by the order of a judge (email me at gsiskind@visalaw.com if you’re interested in participating in a potential suit) or as a response to overwhelming public pressure.

      I urge everybody to respond to gsiskind@visalaw.com & file a suit.

      http://blog.ilw.com/gregsiskind/2015/09/25/visagate-2015-edition/

      Delete
  75. My company lawers sent me a note that they are not goign to file because of the revised priority date. I am reasoning with them at this point. If they still do not want to file, can I file on my own using my current employment?

    ReplyDelete
  76. ACTION NEED : this will send email local congress It's better than WH petition, message will reach soon.
    http://www.petition2congress.com/18644/uscis-dos-changed-priority-dates-categories-all-sudden-this-is-ca/ …

    ReplyDelete
  77. Guys , please do not beg and stop begging.
    There could be some good reason why uscis is working on . Yes there is a pain understand but we choose this ,not America . Stop crying

    ReplyDelete
  78. Hi,

    Can you please issue a 'October 2015 Revised Visa Bulletin and Analysis' ?

    ReplyDelete
  79. This is not begging instead the reaction to the USCIS action of changing there mind . You must be f*** drunked idiot for this act

    ReplyDelete
  80. The crybabies need to understand a few things here. All of the delirium and the drumbeats of a lawsuit are hilarious. Honestly, I do not see a rollback to this VB - that is far more embarrassing to the USCIS/DOS than the first rollback.

    1. People claim they spent thousands of dollars. WTF? I485 is a "self petition". How the heck is the USCIS responsible for your incompetence in filling up a form? I prepared my own application and trust me, it wasn't that difficult.

    2. Medicals: I heard that the USCIS may make them valid for 3 years. Just keep them in a safe place. Within 3 years, the filing date would surely go back to 2011.

    3. Change of plans/rejected better offers etc: LMAO. How coincident is that EVERY schmuck get a better job offer just as the new VB rolls out? Do you really think any sensible person is going to buy this argument? Sure, there may be isolated cases of that, but so what? The USCIS hasn't made any promise until October 1 hits. Just a case of bad luck. Move on. No one died because the USCIS changed the VB.

    Same for travel plans. Bad luck. Shit happens. Airlines sometimes cancel flights. I don't see you schmucks doing flower campaigns when the overbooked airlines sometimes deny passengers boarding.

    4) Just put it in perspective. There is 0 chance that July 2011 is going to be current this year. In fact there is 0 chance even July 2010 will be current this year. Why should the USCIS adjudicators be forced to take some 20000 applications, process them, put them in cold storage and be forced to issue multiple EAD/APs on those for the forseeable future? Whoever initially set the VB did so under the pressure from the WH but the USCIS union fought back and won. Deal with it. Just because you so desperately want the EAD doesn't mean the USCIS personnel should be forced to work overtime. If I was a USCIS employee, I would be pissed off too.

    Despite all the bravado from multiple lawyers etc., I don't see anything happening. If anything, Indians are going to come out as crybabies and the USCIS might get a grudge against them. Expect more USCIS delays, tougher scrutiny, more denials and more hurdles....more of everything in future.

    BTW, all the crybabies until July 2011, the post-July 2011 folks are not so thrilled and wish you all shut up already. Even if you somehow make the USCIS honor the October visa bulletin, the backlash against this whole concept will be so severe that it may be scrapped altogether. So a small number of people will screw up literally thousands of potential immigrants after them. I am not surprised though - this typical Indian behavior has been seen multiple times when people cry about portings, EB1C, and when multiple sections of people fought with each other at the time of HR 3012. It never ceases to amuse me.

    ReplyDelete
    Replies
    1. Thanks for a big message, The bottom line what you are saying is- Don't rise your voice, your voice will cut off. Who ask USCIS to move date till Jun'11 for Indians and say oops! Its like showing a chocolate to kid and run away.

      Yes people form EB3 cry on EB2 people and EB2 on EB1, thinking that every body miss using and cutting the line to get there EAD/GC.

      The good point about lawsuit, yes USCIS don't care, they will get away by saying we are going as per law.

      Point #1. As invidual(s) we should not say that we paid for medical, as per USCIS company suppose to take care these charges.

      Point #2. It may cost less than going back to your country for good. So its ok to spend 1000$.

      Point #3. No body like there current job, even if they are on EAD or GC or citizenship, just take it easy.

      Point #4. Even if you get EAD, no use you may change the job, but trouble wont stop, it may change in different format.

      Next time write one-liner messages, to save every body time.

      Delete
    2. In full disclosure, I am a victim of the October visagate. You seem to have some valid arguments but just playing the devils advocate:

      People spent good money on attorneys and medical exams on a date that was published by USCIS. For USCIS to argue they have way too much work or an error on their part was the reason, would not stick in a court of law. USCIS is fully funded by the fees that people pay for immigration services and not dependent on any kind of federal funding. They are adequately staffed to handle such large volumes (EAD for H4 was much larger than this). I think as long as we can prove there is damage, done there is merritt in a lawsuit. Sending flowers is just creepy and the cheesiest idea, I have seen in a long time. For instance my wife is a physician who denied an opportunity for May 2016 on H1b and accepted another position of her liking hoping the ead would comethrough. That is clear case of damage caused by priority dates getting reversed.

      Delete
    3. This is the first time I am visiting the blog and seeing very bad comments, this is not professional way of expressing your concerns/feelings.

      I see that few users are commenting like "u Indians", it looks like the user is not an Indian and trying to abuse others. If he is an Indian then I don't think he will use such words.

      At the end of the day whatever USCIS decides you have to obey and there is no need to fight on this. The only thing you can do is be nice to each other..

      Delete
    4. I agree with you that there are instances of material damage. And sure, you can sue the government agency for causing that material damage. However callous it may seem, the "EAD that was supposed to come did not come after all" is just a weak argument and if I were the judge, I would reject it.

      Why do people think that the USCIS "argues there is more work"? All of these so called best and brightest techies are on various immigration fora all weekend and today during the work hours wasting their time on lawsuits and campaigns. These same people expect vastly underpaid government agencies to work at 100% efficiency? That too, coming from third world countries where governments by and large are a joke? That's lacking perspective totally. Be empathetic that the USCIS may not like to take on additional work.

      Is pushing the date to July 2011 additional work or not? Yes, it is. There is excessive pending inventory and there is no way EB2I approaches that date in another 3 years. So just because there is political pressure to grant favors on immigrants do the government clerks work overtime? I don't think so.

      Yes, this is a devil's advocate position taken from someone who is a long sufferer of the USCIS and the immigration pain thereoff. And having endured all that, I am thankful to be in this country and not India. All the people who keep crying about being "free" and receiving a "fair" treatment, how about pack your bags and go to India and demand from your government free and fair treatment? Hmmm??

      I remain sympathetic to the immigration pain of the people at large, but I also know that all these people are well paid, are homeowners, own stocks, have retirement accounts and generally cushy jobs, which most of the Americans don't have. There is a reason none of these folks are going back to India. You want to stay in this country - some immigration pain is to be expected. The US has made no promise that a green card will be delivered in a certain number of years.

      Delete
    5. Some things to know:

      - Crybaby is the one who gets milk.

      - If a cat closes its eyes it thinks its night time. Same as what you think.

      You said - "BTW, all the crybabies until July 2011, the post-July 2011 folks are not so thrilled and wish you all shut up already"

      Not true: I have got my green card as part of 2007 visagate. I will continue to support visagate 2015. My friend of mine whose priority is 2014 supports the same. So CAT, don't think its night just because you closed your eyes.

      - Lastly you don;t know much of the process. Its juts not filling I-485. There are lots of other documents to be filled. Eg: G-28, G-325A, I-131, I-765 etc.
      Also there is bright chance of RFE if you file it yourself rather than immigration attorney.

      - Regarding medical ...3 years seriously...?? You are JOKE !!

      Delete
    6. Crybabies get milk when they are babies. When adults cry, they look more pathetic and are unlikely to get much sympathy. Thanks for admitting though that the affected people are by and large crybabies.

      Dude, I said above I have been a long sufferer in the immigration morass. I filled all forms. Yes, there are more than 1 forms to fill (boo hoo, what a discovery Einstein!) and it may take a day to fill. But guess what...I did that, and it really wasn't difficult. If you paid $5K to a lawyer to do that mundane work for you, I guess I could have done it a lot cheaper! I will consider starting my own enterprise in filling forms for EB folks.

      No, not all the people are even remotely interested in this "visagate". I got plenty of folks at my workplace on the H1B who have got nothing to do with this. The only crybabies are people whose PD is until July 2011, period.

      And no joke Einstein. They are in fact considering to increase the validity of medicals. If they pull this VB, they will actually allow it, which is far more sensible than allowing the VB to go back to its previous state.

      Delete
    7. who told you this, you moron ?? Your dad !!!


      Medicals: I heard that the USCIS may make them valid for 3 years. Just keep them in a safe place. Within 3 years, the filing date would surely go back to 2011.

      Delete
  81. Write in good English. Your post is hurting me.

    I have nothing against people voicing their displeasure. If you think lawsuit is the way, go for it. But for God's sake, stop saying how grossly unfair it is, and how you have been wronged badly et. al. Heck, this immigration voice sent out an alert saying that people need to seek counseling because some of them are considering suicide. Really? If you want to commit suicide over a VB, don't hold it against the USCIS. It's you and your own stupidity.

    And just how the heck a changed VB can cost the immigrant community $100 million (as per one claim)? LMAO at that joke.

    You are pissed because you were denied a chocolate at the last moment despite the promise. I get it. But as a skilled immigrant seeking a visa in the EB category, act like an adult and don't throw a fit like a child.

    There are civil ways in displaying the displeasure. And just because the USCIS pulled the date back in October VB doesn't mean all future VBs are shut out. The right way to deal with this is to wrote to the USCIS director and urge them to reinstate the VB in November or gradually bring it to July 2011 by the year's end WITHOUT THE CRYBABY STORIES.

    ReplyDelete
    Replies
    1. God bless you my son.

      Delete
    2. God bless your son, my son.

      Delete
    3. Improve your English first Mr.Anonymous before preaching to others about language skills -

      "The right way to deal with this is to WROTE to the USCIS director and urge them to reinstate"

      Delete
  82. A lawsuit has been filed in seattle washington asking the judge to throw out vb2. They are trying to bring this before the judge before oct 1.

    ReplyDelete
  83. Employers, employees and their immigration counsel are understandably outraged with Department of State’s publishing a Revised Visa Bulletin last Friday which rolled back visa dates to file Applications to Adjust Status by as much as two years. This is particularly frustrating after they relied on the Department of State’s October Visa Bulletin published 9/9/15 and undertook significant steps to prepare to file Adjustment of Status cases later this week on October 1.

    Employers and employees may wish contact the government and insist that anything less than honoring the Department of State’s October Visa Bulletin published 9/9/15 is simply…not honorable. Here’s how:

    Use the Subject Line: “Honor the October Visa Bulletin published 9/9/15” and express your outrage after relying on the Visa Bulletin published 9/9/15 to file your case this week and incurring legal and related costs.
    Insist that the Department of State, and USCIS, honor the Visa Bulletin published 9/9/15.
    Tell your story.

    Contact President Obama here.
    https://www.whitehouse.gov/contact/submit-questions-and-comments

    Write to your Representatives in Congress. Find your Representative here.
    http://www.house.gov/representatives/find/

    Contact USCIS Director Leon Rodriquez by sending an email to "cisombudsman@hq.dhs.gov"

    Contact Charlie Oppenheim and the Department of State Visa Office by sending an email to "VISABULLETIN@STATE.GOV".

    The government must be held accountable for its sudden change-up. We aren’t playing baseball. The government must be removed from the pitcher’s mound.

    ReplyDelete
  84. trackitt is down ??

    ReplyDelete
  85. To all who are talking of Lawsuits, must understand that there is no case here!
    The money you spent on medicals are for GC and not for EAD, and so it was a waste anyway. And filing I-485 can be done by self, so if you used attorney, that is not a USCIS problem.
    Likewise it is not a USCIS problem if you rejected job offers or bought property .... all those reasons are sheer stupidity.

    The next visa bullitten was due in 2 weeks anyway, and USCIS had full right to retrogress the dates as they will ... that is not a new game .... that is how it always had been. Every year, when the dates retrogress, there are many folks who had started their paperwork, but who miss the window by a sliver .. so nothing new.

    Similar situation happened in 2007 ... and no lawsuit mattered then ... just like how it will not matter now.

    ReplyDelete
    Replies
    1. Do you know why visa bulletin for coming month will be posted this month?

      Delete
    2. As right as you are, try telling this to the "mob". They are out in full force on trackitt, Ron's website and anyone dissenting with them is abused badly.

      Ron himself is putting fuel to the fire. He is openly abusing the USCIS. I don't know if he is just getting senile. What would he do if the USCIS starts profiling all applications coming out of his office?

      The lawsuit looks like a publicity stunt to me. I read that the lawyer who filed it gained some 1000+ twitter followers and everyone now knows his name. Whatever he is doing is an investment to get a lion's share of EB-India applications in the future. Heck, his twitter page picture also shows a backdrop on a beach in India with the cows in their full glory! That's one smart lawyer. He has come out as everyone's savior.

      No matter the clamor though - the hard reality is that the bulletin was reversed in the previous month and the USCIS is simply not liable. Yes, it was unusual and probably callous, but people spent willingly on lawyer fees themselves and the USCIS is simply not liable. Yes, there is only liability on the medicals, but the USCIS can simply extend the validity period of the medicals of those select applicants. Problem solved.

      People are simply mad because they are not getting an opportunity like 2007 or 2012 (when the dates surged to 2010) to file the applications and start receiving EADs. Why should the USCIS work more just so that these schmucks can have their EADs?

      Delete
    3. No, but I can guess .. because they were deluged with more applications than they could process and they had to stop that. This is the first time they are split up the VB, and how things had gone was unpredictable.... and they are only fine tuning it now. The good thing is that EAD still remains available to many more people (2009) than it would have been if they had followed the old process (retrogressed to 2005).
      I do agree though that USCIS should issue a reason for doing this.

      Delete
  86. It is hard to think what some of these people are even talking about. Just because USCIS made some changes and your plans did not work out just got out after them through lawsuit!?!
    The fact is there are many more who have been waiting in the line much longer. Then if the dates would never have moved or stuck forever what do they do. Two weeks of swing and they started swinging forever. We have seen losses and gains of some kind every now and then. Please talk sense and calm down!

    ReplyDelete
  87. Long time follower on this blog but I have not checked this blog since the revised VB was issued. I am taken aback with the negative slams and am seeing too much of it off late. I am also affected by the October visagate, and am struggling to understand why some folks on this forum are discouraging even for voices to be raised. Whether or not the outcome changes, democracies have the right for displeasure to be heard and no one can argue it is justified. This is a great country and has offered many of us great opportunities, but by no stretch of the imagination is it perfect. There is nothing wrong / ungrateful in expressing peaceful disapproval against the VB that has given and taken away hope in the matter of 2 weeks. In a misaligned wheel that is legal immigration (that is in bad need of replacement), this VB is another cog that did not work. Those that are affected have their own situations and complications, not to mention frustration after years of waiting, be empathetic if possible. It seems some bloggers want to minimize applicants’ feelings and empathize with the USCIS / immigration system instead. In a sector where money is collected for services rendered, do you really think they will get a five star rating for customer service / product satisfaction should a poll be taken? There is also no need for brash comments calling India names and asking people to go back home. Focus on the problem on hand without deflecting and keep you free advice to yourself.

    ReplyDelete
    Replies
    1. well said! Above comments unfortunately exposes true nature of our mostly fellow citizens- they see these new applicants as competitors. To some extent this may be true- however most people fail to see more liberated people from clutches of H1B would actually result in more jobs for everyone. This behavior is no different than of other Trump supporters.

      *By the way I already have EAD and was not affected by Visa bulletin changes,

      Delete
  88. november VB out. no much changes

    ReplyDelete
  89. Immigration is like a vote bank for republican and Democratic. One does not allow other to implement new rules, thinking they would loose vote banks. One thing is clear out of last 7 years nothing have changed expect the publicity and we people knocking out our heads on the wall. But the truth is we have signed up for this and i believe in fighting till end. Even the laws on h1b visa are becoming difficult to survive. Coming days would be more tough.

    ReplyDelete
  90. No comments, no blogs after Oct 25th :(

    ReplyDelete
    Replies
    1. Too much negativity here. Looks like Ambals are on vacation. 😀

      Delete
  91. watch this :-

    http://www.pbs.org/wgbh/pages/frontline/immigration-battle/

    ReplyDelete
  92. So, according to pending inventory :-
    For India EB-2, there are more than 13,000 applications pending with priority date earlier than January 1, 2010, and more than 18,000 EB-485 cases with a priority date earlier than May 1, 20 10 in inventory as of October 13, 2015!


    So, lets do a simple math.
    India has 2800 ( approx) per year quota for EB2.
    EB3->EB2 porting per month is approx 250. So annually, 3000.

    Porters will eat up all the 2800 allotted quota for EB2.
    EB1C is going full. So, no spill over.

    Bottom line :-

    Unless EB3-I goes ahead of EB2-I OR approx 18K spill over comes by end of 2016 Oct., EB2-I will not move a day for years to come beyond 2009.

    ReplyDelete
  93. http://www.murthy.com/2015/10/30/members-of-congress-urge-action-following-visa-bulletin-fiasco/

    ReplyDelete
  94. What is the average time for perm process

    ReplyDelete
    Replies
    1. Generally 6 to 7 years for EB2. But not sure what will happen this time.

      Delete
  95. Approved I-140s will get AC21 soon! -- http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201510&RIN=1615-AC05

    ReplyDelete
  96. Please if anybody can help me with this situation
    My EAD was expired on 2nd November 2015
    I already have sent application for renewal but it’s still in process
    I have h1b till end of this month after that I don’t have license
    To drive, in Ohio they don’t renew license without visa or any other valid documents both of my documents expired right now,
    What if my date get current again
    Do I still have to wait for EAD?
    Or I get green card ?

    ReplyDelete
  97. Please if anybody can help me with this situation
    My EAD was expired on 2nd November 2015
    I already have sent application for renewal but it’s still in process
    I have h1b till end of this month after that I don’t have license
    To drive, in Ohio they don’t renew license without visa or any other valid documents both of my documents expired right now,
    What if my date get current again
    Do I still have to wait for EAD?
    Or I get green card ?

    ReplyDelete
    Replies
    1. If you show in DMV, the proof that your extension is already applied and in pending status then in South Carolina you will get license for 1 year.

      Delete
  98. Lots of Tension.
    Depression.
    Short Temper.
    High BP.
    Frustration.
    Sleeplessness.
    Loss of Appetite.
    Loss of any interest.
    Feeling betrayed
    Feeling wasted
    Feeling in mid life crisis
    Feeling like crying
    Feeling having no hope
    Feeling like slapping who tells keep dreaming big
    Feeling like slapping who tells to hold on

    if most ( 90% ) of the above are happening to you then you are in EB2-I
    if all ( 100% ) of the above are happening to you then you are in EB3-I


    ReplyDelete
  99. Hi,

    Our GC was filed under EB2 with priority date April 2008 with approved I-140 and pending I-485. We have renewed EAD twice so far. At this time I am switched to EAD fow work and abandoned my H1b.

    With all the noise and upcoming changes to EAD/i140, will it cause any trouble around next EAD RENEWAL (around Dec'16, planning to file around Aug'16)? Also I may change my employer around Mar/Apr time.

    Any piece of advise.

    Thanks Ambalas. Keep up the good work.

    - paras

    ReplyDelete