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Member Profile: Zzzzzz (2735 posts)

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Hello, I'm Zzzzzz (report this user)
I am from Unknown
I last logged in 11 hours 17 minutes ago
I have been a member since 30 Nov 2011
I have added 2735 posts in trackitt forums
I added my last post on 09 Apr 2018
Zzzzzz's Posts
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Posted in I-485 Forum on 09 Apr 2018
Topic: May VB prediction


What happened to your posts history? It shows that you have less than 10 posts.



You'll find Aceman1's old posts under the username AceMaan.

To see them, you'll need to use Show All Posts.
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Posted in I-485 Forum on 04 Apr 2018
Topic: May VB prediction


Looks like EB3I cases, through 15 Mar 2007, are getting approved. This guy has PD 17 Apr 2007 and got approved yesterday.

http://www.trackitt.com/usa-immigration-tracker...

This case is a porter who has been in EB2 since at least 2011.

http://www.trackitt.com/usa-discussion-forums/i...


Posted by Mun97 (39) 05 Aug 2011#76
I spoke to USCIS customer service today about the status of my case. They mentioned that my case is overdue and opened the service request as it should have been processed by this time. Ask to contact after 30 days if no information is received during this time.

Can any one suggest what that means? I had 2nd FP done for myself last year. No FP notice received for my family. Thanks

Service Center: NSC
PD:March 15, 2007
ND: Oct, 2007
EB2


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Posted in I-485 Forum on 27 Mar 2018
Topic: I-485 package delivery

If the I-485 is received by USCIS before the PD becomes current on April 1, it should be rejected by USCIS.

If it is accepted in error, then it will be rejected when USCIS realize it was received before the PD was current.

That's a complete nightmare.
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Posted in H-1B Forum on 23 Mar 2018
Topic: Decision waiting period illegal?


Hi H1B experts,

I heard from my lawyer that if your I94 is expired and you are waiting for extension decision and if decision results in rejection then your entire stay from I94 expiry to rejection date is illegal stay. Is this true? Will it result in issue is future for me to enter again US? Please let me know your opinion


In that situation, all time from the I-94 expiry would be deemed out of status.

Unlawful Presence would only start to accrue from the date of the denial.
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Posted in I-140 Forum on 20 Mar 2018
Topic: Eb1B chance

You don't qualify for EB1B.

The teaching position must be tenure or tenure track to qualify for EB1B.


Outstanding professors and researchers

You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.

https://www.uscis.gov/working-united-states/perm...
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Posted in I-765 (EAD) Forum on 17 Mar 2018
Topic: H4 EAD - Weird RFE

The last issued I-94 governs how long a person can stay in the USA in a given status.

The I-94 issued with the H4 extension on December 6, 2017 was overridden by the subsequent I-94 issued at POE when she arrived back on December 20, 2017.

Your wife's last issued I-94 was only valid until March 9 2018.

Your wife has been out of status since it expired.
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Posted in I-485 Forum on 14 Mar 2018
Topic: April VB out

It's just plain incorrect. For EB3-India:

If USCIS decides that Final Action Dates must be used (01FEB08):

Those with a PD earlier than 01FEB08 may file an I-485.
All those with an already pending I-485 will be eligible to be approved, since the latest PD previously allowed to file an I-485 was 31 July 2007 in the July 2007 VB.

If USCIS decides that Filing Dates may be used (01APR08):

Those with a PD earlier than 01APR08 may file an I-485.
All those with an already pending I-485 will be eligible to be approved using the 01FEB08 FAD.
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Posted in I-485 Forum on 13 Mar 2018
Topic: EB1-India Retrogress to 2012


Thanks. Now a follow up question..

Till a priority date of March 2013, there are 407 pending I-485 applicants for Indian EB1 applicants. Assuming a worst case scenario where there are 1 primary applicant + 4 dependents. This makes the total pending applicants to be ~2035 applicants.

Correct me if I am wrong, but the annual limit for EB1-India is ~2800. So based on the current number of applicants, shouldn't the date of retrogression be sometime in 2013 and NOT 2012. Again I am assuming a worst case of 4 dependents per applicant. Is my calculation completely incorrect or am I missing something here???



The USCIS I-485 Inventory includes dependent cases, so your logic for multiplying them is faulty.

In any case, the number of dependents per primary case for EB1 has stayed fairly constant at around 1.4 for the last 10 years.

The 2,803 notional 7% per Country Limit is meaningless in EB1.

ROW, Mexico and Philippines use less than their allocation, allowing both China and India to exceed that number via horizontal SO.

Part way through January 2018, CO commented that China had already used 4,500 EB1 visas and India had already used 7,000 EB1 visas.

Now they've used so many that they need to be retrogressed to leave sufficient visas left for the rest of FY2018 for EB1 ROW, Mexico and Philippines.

Personally, I think CO should slightly retrogress EB1 China and India from the beginning of the FY so that they use the visas more equally over the entire FY, rather than heavily retrogressing part way through the FY.

In FY2018 EB1 China and India will be retrogressed for 6 months.
In FY2017 EB1 China and India were retrogressed for 4 months.
In FY2016 EB1 China and India were retrogressed for 2 months.

It's clear (even with all the horizontal SO) there's only sufficient visas for 10 months of demand and that keeping it Current for China and India at any time is no longer warranted.
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Posted in I-140 Forum on 06 Mar 2018
Topic: H1 transfer while 140 Pending in 6th year

The PERM approval alone grants no H1B benefits.

To be eligible for a one year H1B extension beyond 6 years, the PERM must have been filed at least 365 days prior to the date the extension takes effect.

You do not give information about when the PERM was filed, nor have you filled in any details in your profile.
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Posted in I-485 Forum on 28 Feb 2018
Topic: When will EB3I surpass Eb2I


https://www.foreignlaborcert.doleta.gov/performa...

For 2007 India it is showing 24,573 certified positions.
There is no available data for 2008
For 2009 India it is showing 11,387 certified positions.
For 2010 India it is showing 28,930 certified positions.
For 2011 India it is showing 31,273 certified positions.

Again, extrapolating PERMS to I-485 is a very futile activity as I have always maintained. 10 year old data will be close to unreliable.


The fact you are even quoting the numbers above shows a lack of understanding of the figures and what they mean.

They just show how productive DOL was in that FY.

As dashington pointed out, several CY PD may be certified in any given FY. It is the cumulative CY PD numbers over several FY that are important, not the FY certified numbers.

For instance in FY2007 for India:

CY2005 - 393
CY2006 - 11,461
CY2007 - 12,719
Total - 24,573

In FY2008 for India:

CY2005 - 27
CY2006 - 108
CY2007 - 8,335
CY2008 - 8,099
Total - 16,569

etc.

Of course much has happened in the intervening years, but they provide a reliable starting point to then make assumptions based on those factors (some of which you have mentioned previously).

Since USCIS will not provide data on I-140 approvals, they are the best we have.

For your reference, the numbers of Indian certified PERM per CY PD to date are:

2007 - 23,098
2008 - 23,746
2009 - 16,672
2010 - 22,361
2011 - 30,024
2012 - 37,260
2013 - 36,159
2014 - 41,336
2015 - 45,535
2016 - 49,028 (not complete)

This looks very different to the FY certifications for India:

FY2007 - 24,573
FY2008 - 16,569
FY2009 - 11,387
FY2010 - 28,930
FY2011 - 31,273
FY2012 - 30,306
FY2013 - 20,930
FY2014 - 35,092
FY2015 - 45,776
FY2016 - 65,282


On a different matter, I highly recommend you read
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
(b) Preference Allocation for Employment-Based Immigrants
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB...

CO has to operate within the law as best he can. He certainly has made mistakes which might give the appearance of breaking the law, but he cannot deliberately do something that is not allowed by law, even if that means, ultimately, EB visas are wasted.
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Posted in I-485 Forum on 27 Feb 2018
Topic: April 2018 VB Prediction



Isn't there a lot of folks (EB3I) who could not file back in 2007 and now they will as dates move up? won't that cause a lot of additional pressure and won't this number go up as we move closer to July 2007?



I don't think the numbers would be a lot, but again I don't have proof to back this up. It is only a logical assumption.


About 60% of Indian PERM for Jan-Dec 2007 PD were certified after July 2007.

For Jan-Jul 2007 PD, about 25% were certified after July 2007.
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Posted in I-140 Forum on 23 Feb 2018
Topic: Numerical Limits for per country


I was looking at allocation of skilled immigrant visas.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB...

I see that there is a 28.6 percent of such worldwide level for each of the EB1, 2, and 3. There is no 7.1% limit for per country within EB1, 2 and 3.

There is a 7.1% limit for per country for EB4 and 5.

Where can I find the EB1, 2 and 3 preference having a 7.1% per country limit.

Am I completely mistaken?





You're not looking at per Country limitations with those figures. They are the overall limits for each of the 5 EB categories INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS.

In brackets, the figures for 140,000 annual EB allocation.

EB1 - 28.6% (40,040)
EB2 - 28.6% (40,040)
EB3 - 28.6% (40,040)
EB4 - 7.1% (9,940)
EB5 - 7.1% (9,940)

Total - 100% (140,000)

The per Country limit is 7% and is shown in INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE

(a)(2)

(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.


https://www.uscis.gov/ilink/docView/SLB/HTML/SLB...
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Posted in H-1B Forum on 16 Feb 2018
Topic: Risk of staying beyond 180 days after I-94 expiry

A lot of misinformation in the replies to date.

A pending EOS request will toll any unlawful presence after the I-94 expires until a decision is made on the extension request.

If it is denied, then you will start to accrue unlawful presence (towards the 3 and 10 year bars) the day after the decision is made.


(iv) Denials for Cause of Timely Filed, Non-Frivolous Applications For EOS of COS.

If a timely filed, non-frivolous request for EOS or COS is denied for cause, unlawful presence begins to accrue the day after the request is denied.



However, in the event of a denial, you will be deemed to have been in unlawful status (out of status) since the expiry of the I-94.
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Posted in H-1B Forum on 16 Feb 2018
Topic: H1B to EAD to H1B

If your wife is admitted using an H4 visa, she will assume H4 status and be eligible to file for an H4-EAD if she qualifies for one. If she uses an approved H4-EAD to commence work, she will maintain H4 status.

If, while in H4 status, she uses her AOS-EAD to commence work, she would lose H4 status and resume being a pending AOS applicant.
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Posted in Atlanta PERM Forum on 14 Feb 2018
Topic: Today's Stats from DOL


Check previous post, he is using date case submitted, date on Permchecker is when case generated in the system


Forgot that.

Thanks
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Posted in Atlanta PERM Forum on 14 Feb 2018
Topic: Today's Stats from DOL


02/13 - 216 cases

--------------------------------------------------
201709 Final Review 207
201708 Final Review 4
201707 Appeal 1
201706 Final Review 4
--------------------------------------------------


I don't think your monthly breakdown is correct.

I get:

216 total 02/13/2018

Sep-17 -- 107
Aug-17 -- 71
Jul-17 --- 29
Jun-17 --- 9

Total --- 216

which also matches to the permchecker.com figures.
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Posted in I-485 Forum on 12 Feb 2018
Topic: Can i work in india and come back???


I already answered it above. -- Withdraw i485 and go for consular processing.

Processes are there in place for all possible scenarios. As long as you keep USCIS informed, and your employer informed. Things can go smoothly if you follow the procedure.

i-140, once approved cannot be canceled. So if you are able to find an employer in the U.S. who can offer you a "same or similar job", when your priority date is current, you can simply go to the consulate and get your greencard for the new employer. Provide the necessary documentation and you should be good to go.

Don't break your head by thinking all possible worst case scenarios which don't exist. It only exists in your head.


AC21 provisions do not apply to Consular Processed cases. They apply to AOS only. This means the "same or similar" clause is not applicable to Consular Processed cases.

The original job with the original employer specified in the approved I-140 would need to be available at the time of the Consular interview and a letter from the employer confirming this is required evidence at the time of the Consular interview.

The PD is retained, but to come back to a different employer under Consular Processing would require a new PERM/I-140 to be approved for that position with the new employer.
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Posted in Atlanta PERM Forum on 05 Feb 2018
Topic: Today's Stats from DOL


Hello Kevin,

I am looking at your profile and it seems that your PERM was submitted 81 days ago.
Here is the thing, once you have your PERM approved, you can apply for I140. Once it is approved, you will be eligible for 3 years H1B extension.
Now, if your PERM is not processed (approved or denied) for 365 days, then you will be eligible for 1 year H1B visa extension. This is the rule explained in Option 3 in the link you shared.
Let me know if that helped.


This extremely unlikely to be applicable for kevinhwang's case. The case appears to be filed as EB3-ROW (South Korea).


2. AC21 104(c) Guidance for Aliens Subject to Per Country Visa Limitations

Pursuant to AC21 104(c), an alien is eligible for an extension of H-1B status if the alien is the beneficiary of an I-140 petition and would be eligible to be granted immigrant status but for the application of per country limitations applicable to immigrants under INA 203(b)(1), (2) or (3).

AC21 104(c) is applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of a per country limitation to which that alien is subject or, alternatively, if the immigrant preference category applicable to that alien is, as a whole, "unavailable".

Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to AC21 104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations or, alternatively, because the immigrant preference classification applicable to the alien is "unavailable".

In order to make a determination as to the H-1B alien beneficiary’s eligibility for an extension of H1B status under the provisions of 104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition.

If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien’s immigrant visa "priority date", then the H-1B extension request under the provisions of 104(c) of AC21 may be granted. To establish the alien’s priority date, USCIS may accept a copy of the H-1B alien beneficiary’s Form I-140 petition approval notice.


Given EB3-ROW is likely to be Current for the foreseeable future, kevinhwang is unlikely to be eligible for an H1B extension under 104(c). Once the PERM reaches 365 days, eligibility would be established for a one year extension under 106(a).

This remains the case, even if the PERM is approved by this date (unless subsequently revoked).


USCIS will grant the 106(a) extension of stay in one-year increments, unless a final decision is made
to:
(i) Deny the application for labor certification;
(ii) If the labor certification is approved, to revoke the approved labor certification;
(iii) Deny the EB immigrant petition; or
(iv) Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

If at any time before or after the filing of the extension request one of the above occurs, the H-1B alien beneficiary of the extension request will not be entitled to an extension beyond the time remaining on his or her 6-year maximum stay unless another basis for exceeding the maximum applies.


The I-140 application must be submitted within the 180 validity period of the PERM certification approval.


Also, because approved labor certifications must be filed with a Form I-140 petition within the validity period stipulated by DOL in order to remain valid, USCIS looks to see if, at the time an extension request under 106(a) is filed, the labor certification is unexpired.



https://www.uscis.gov/sites/default/files/USCIS/...
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Posted in Atlanta PERM Forum on 04 Feb 2018
Topic: Today's Stats from DOL


Hello Zale,

I have a question regarding H1B extension after 6 years of H1B. Based on the link below, I have to stay in my home country until 365 days the day after my employer submitted PERM.
https://www.murthy.com/2017/05/08/filing-labor-c...

I thought I could comeback after PERM, I 140 and H1B Extension approved.

Kevin


From the details in your profile, you only appear to be able to qualify for a 1 year extension under AC21 106(a) when your PERM reaches 365 days since submission (16 Nov 2018).

You don't appear to be able to qualify for an (up to) 3 year extension under AC21 104(c).

This is because you would have to meet BOTH the following requirements:

a) An approved I-140
b) Your PD is retrogressed in the VB applicable when USCIS receive the extension request.

Since you appear to come under EB3-ROW, this date is likely to be current for all of FY2018 and you could not fulfill the second requirement.

If EB3-ROW were to retrogress to a date equal to or before your PD AND USCIS received the extension request during that time, then you would be eligible (assuming you had an approved I-140) at that time.

See USCIS Memo https://www.uscis.gov/sites/default/files/USCIS/...
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Posted in I-485 Forum on 29 Jan 2018
Topic: Can this happen

Not a chance for EB2-I. CO has excellent visibility of EB2-I demand until May 2010. That's around 19k cases.

For EB3-I he did say:


Once the final action date advances beyond August 2007, Charlie will have very little visibility into demand. Once this occurs, there is the potential for rapid movement of the EB-3 India final action date to generate new demand. Members may see this happen next fiscal year or possibly even later this fiscal year.

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