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Member Profile: dashingdon (476 posts)

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Hello, I'm dashingdon (report this user)
I am from India
I last logged in on 23 Feb 2018
I have been a member since 15 Jul 2011
I have added 476 posts in trackitt forums
I added my last post on 23 Feb 2018
dashingdon's Immigration Cases
 
I-140 case: Approved in 43 days (131 days less than average)   (1 comment)
User: dashingdon Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:27 Apr 2012
Application Filed:12 Jul 2012USCIS Received Date:13 Jul 2012
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:yesRFE Received Date:20 Jul 2012
Reason for RFE:Ability to pay. Client agreements, beneficiary terms and conditions of employment, w2s etcRFE Replied Date:17 Aug 2012
Application Status:approvedApproval/Denial Date:24 Aug 2012
Total Processing Time:43 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 04 Nov 2013 Last Updated: 04 Nov 2013
Notes:

PERM case:   (12 comments)
User: dashingdon Nationality: India
Priority Date:01 Jun 2011Category:EB2
Audit Received?:yesAudit Received Date:05 Aug 2011
Reason for Audit:Picked up for Audit and asked lot of supporting docs on recruitment etc. Reason: No alternate req present in ads it seems. Appealing the case.Audit Replied Date:01 Sep 2011
Application Status:deniedApproval/Denial Date:06 Feb 2012
Total Processing Time:250 daysDays Elapsed:
Case Added to Tracker: 15 Jul 2011 Last Updated: 10 Feb 2012
Notes: B.Tech (CSE) and 10+yrs exp. No Approval as of Aug 10.

PERM case: Approved in 59 days (175 days less than average)   (0 comments)
User: dashingdon Nationality: India
Priority Date:30 Apr 2012Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:approvedApproval/Denial Date:28 Jun 2012
Total Processing Time:59 daysDays Elapsed:
Case Added to Tracker: 04 Nov 2013 Last Updated: 14 Nov 2013
Notes:
dashingdon's Posts
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Posted in I-485 Forum on 23 Feb 2018
Topic: When will EB3I surpass Eb2I

Trying to understand... are below assumptions correct?

Can we assume this is how EB2I visas got allcated by each FY?
This is all assumptions based on Inventory data and priority date being set by that FY year end.
(Sep of that year)

     Allocated  2002   2003   2004   2005   2006   2007   2008   2009
2010   19961 01461 01500 01000 10000 06000 00000 00000 00000
2011   23997 00000 02000 02500 01500 12700 05300 00000 00000
2012   19726 00000 01500 02000 01000 06000 09276 00000 00000
2013   17193 00000 00000 01000 00700 02300 08500 04500 00000
2014   23527 00000 00000 01000 00600 03200 05200 09500 04000
2105   07235 00000 00000 00700 00000 01000 01000 04300 00000
2016   03930 00000 00000 00000 00000 01000 01000 02000 00000
2017   02900 00000 00000 00000 00000 00500 00500 02000 00000


ref: https://www.immihelp.com/visa-bulletin-movement/...
ref: https://www.immihelp.com/visa-bulletin-movement/...
ref: http://www.aila.org/infonet/processing-time-rep...


Note:
Eb2I, 2005 started getting cleared from FY 2010. Means from Oct-Nov 2009 onwards....
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Posted in I-140 Forum on 23 Feb 2018
Topic: New H1B memo

If we don't ever get spill over from Eb1 then EB23I will surpass EB2I in by 2020 Oct.
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Posted in I-140 Forum on 23 Feb 2018
Topic: New H1B memo

Looking from different angle:

More Eb1Cs will be filed as MNCs cannot get the H1 & L1 that easily any more..... (this memo applies to I129s)...
so basically EB1-I itself will be backlogged going fwd...

EB1C spike happened from 2011 onwards when Employer-Employee memo released in 2010 Feb....and L1 was tightened during 2009/2010 time......

Indirectly EB2 & EB3 I are royally fXXXX up................
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Posted in I-140 Forum on 21 Feb 2018
Topic: Immigration Reform is coming soon

It means DHS will have to update the court on the case on or before May 22 2018 about
"case progress."...
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Posted in I-140 Forum on 15 Feb 2018
Topic: Immigration Reform is coming soon

Hey, your blog is very much informative. Did you go back to India and worked for a different employer and filed PERM/I140 from India? How big is your employer.
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Posted in I-140 Forum on 15 Feb 2018
Topic: Back to square one in immigration!

Saw the same heading in 2004, 2007 ,2013 and 2018. Not sure how many more years we will have to see the same heading... :)
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Posted in I-485 Forum on 30 Jan 2018
Topic: March 2018 VB Prediction

This is what Murthy also said:
//////////////////////////////////////////////////////////////////////////////

There is widespread concern that implementing this requirement could lead to delays because the U.S. Citizenship and Immigration Services (USCIS) lacks the necessary personnel. How this will impact cutoff date movement remains to be seen, but Mr. Oppenheim believes that, if this causes delays in adjudications, it will lead to less visibility regarding the demand for visa numbers. For the short-term, there may be faster advancement of cutoff dates; but, once the initial transition period passes, it could result in slower movement, or even retrogression in some categories.

///////////////////////////////////////////////////////////////////////////////

There may be a "short-term" "faster advancement" of cutoff dates..... this what the above attorney was leaning towards.....
but moving the dates all the way to 2011 is impossible...... I think....
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Posted in I-485 Forum on 23 Jan 2018
Topic: March 2018 VB Prediction

That's correct... That's why I have mentioned with VERY BIG IF.

10K spill over is out of scope... even 5K spill over is becoming tough... but, if ROW consumption declines it will reach plus/minus 5K spill over mark....(for EB2I)

If some one is anticipating big spill overs in the coming years.... and getting 2009 cleared in 1-2 years are going to be surprised negatively......

I wish that I should be wrong here.... and let the 2009 (EB2I) gets cleared in few years....
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Posted in I-485 Forum on 22 Jan 2018
Topic: March 2018 VB Prediction

Hey "na7949"...

Would you mind highlighting my wrong assumptions... I would like to get corrected..... thank you for your time....
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Posted in I-485 Forum on 19 Jan 2018
Topic: March 2018 VB Prediction

Won't the 'wasted visas' get added to FB quota the following year?
That's how we used to get more visas before 2015. Until the dual visa chart implementation.(from 2015 Oct)
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Posted in I-485 Forum on 18 Jan 2018
Topic: March 2018 VB Prediction

Your point 1 seems to be more inline with current situation....

I don't think EB1C will be dropped.... significantly..... note: Indian MNCs are not the only ones using EB1C .....
if one observes the data .... (please check previous threads.. search this forum....).... it was used by Non Indian MNCs more in the last 1-2 years.... hence less spill over to EB2.... (overall)....
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Posted in I-485 Forum on 18 Jan 2018
Topic: March 2018 VB Prediction

That's true. It's unrealistic to expect that much spill year.
From now on... getting total of 5k visas to EB2I is becoming realistic.. these years....
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Posted in I-485 Forum on 18 Jan 2018
Topic: March 2018 VB Prediction

Depends on spill over, and how much will be actually allocated to Eb2I....
Note: because of the visa interview for I485 folks... there will be some visa wastage in a particular year.... (I think that will get added to next year quota....).. but if the demand from other countries increases the following year, then the increased visas will go to them in the that following year....So it's a complex scenario...

If your priority date is in Sep 2009. Means EB2I needs at least 18K plus/minus visas to reach that date...

Below is a prediction... may be completely wrong... In FY 2017 (oct)-2018(sep)...

if EB2 India gets 10K (including spill over) ... the date may reach May/Jun 2009.
if EB2 India gets 15K (including spill over) ... the date may reach Aug/Sep 2009.

Note: Sometimes dates will be moved a bit more than the visas available....just to make sure no visas a wasted....
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Posted in I-485 Forum on 17 Jan 2018
Topic: March 2018 VB Prediction

search the forum for predictions by some other folks.... Just to give some back ground.....

Most of the EB3I filers in 2009 have ported to EB2I. So almost 90% of the total India applicants in 2009 are in EB2.

There are approximately 13500 PERMS (EB2/EB3 India) filed in 2009.
Out of which 90% have got into Eb2I. (close to 11500-12000)

If we estimate 2 to 2.2 visas per single PERM applicant ....
it boils down to such that, approximately 22K-26K GCs are required to clear 2009.

If we predict evenly... India Eb2 need 2000 visas (Gc numbers) to clear every month in 2009.....


If Eb2I gets 5000 visas (total) every year: takes 4-5 years to clear 2009...
If Eb2I gets 10000 visas (total) every year : takes 2-2.5 years to clear 2009...
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Posted in I-140 Forum on 11 Jan 2018
Topic: H.R. 392, Fairness for High Skilled Immigrants Act

Won't be useful because
1. In future ROW demand may goes high and spillover becomes zero.
2. Eb1C filing may go high because of crack down on other visa types on big corporations.

This increase in (GC) visas will get just few hundred visas more to India.... with 200K+ backlog that's virtually nothing.....

That's not a viable solution to the current humongous INDIA backlog issue.
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Posted in I-140 Forum on 09 Jan 2018
Topic: DHS never considered AC21. IV is bogus

Not able to understand below thing:

What is the need to publish this news on their facebook on 30th night..... and spoiling the mood of 750,000 backlogged families.... during new year week end?

they want to help notify the backlogged people they represent, understandable.... but why that urgency.... ???

Don't they know that, any rule making will take few months at least... postponing it by just 2 days... doesn't cause any damage to any one..... or even if agency is trying to implement unanimously from Jan 2nd... who can stop during that new year week end? ..I think.... totally uncalled for at least during that week end....
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Posted in I-140 Forum on 08 Jan 2018
Topic: H1b-GC application must go to India

When somebody moves to India and to file AOS (say after 4-5 years), then employer should still support you with an employment letter saying that they still offer the job to you.

Do you think that will be the case for all? may be true for a very few....(who got offshore work locations...)
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Posted in I-140 Forum on 06 Jan 2018
Topic: What percentage of India's backlog is H1B dependent employees

True, lot of speculation. Missing basic logic...

Scenario1:

As per AC21 sec.106, It says
Shall give you 1 yr extension if your PERM or I140 is filed before 365 days.

As per AC21 sec.104 (it has "may" language). (Now speculation is : (not true if this is real/fake) )
planning to say: we plan to deny your 3 yr H1B extn if your above filed application is approved.

does the above logic/interpretation make sense?

Scenario 2:

Even if some one wants to reinterpret "One Time", language being used in Ac21 sec.104 ,
the same section has mentioned below language
"until the alien’s application for adjustment of status has been processed and a decision made thereon. "

Also note that , during "Retention of Eb-1,2,3 rule (aka watered down I140-EAD) rule " in comments section it has been confirmed that:

"[[[Although the heading for section 104(c) refers to a “one-time protection,” the statutory text makes clear that the exemption remains available until the beneficiary has an EB-1, EB-2, or EB-3 immigrant visa immediately available to him or her.[91]  See AC21 104(c) (authorizing H-1B extensions under this exemption “until the alien's application for adjustment of status has been processed and a decision made thereon”). An H-1B petition filed under section 104(c) may include any time remaining within the normal 6-year period of authorized H-1B stay in addition to the time requested in the exemption request, but in no case may the approval period exceed 3 years or the validity period of the LCA. See 8 CFR 214.2(h)(13)(iii)(E)(5).]]]

SO if they want to bring a new regulation, how many times will they contradict??


FINALLY:

But, at the end of the day they can do anything they want, by following the rules of the land. We also have to note that, H1B is being created for businesses. If this speculated rule hurts businesses , they know how to handle it.
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Posted in I-140 Forum on 02 Jan 2018
Topic: H1b AC21 Cancellation: Trump's Nuclear option

What is the guarantee that president DOES NOT VETO any bill (be it Hr 394 or any other bill) that provides relaxation to backlogged folks... ( if admin is so determined to bypass/rescind AC21 provisions for backlogged folks.... and allow self deport..... as per latest news articles... )... any idea?
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Posted in I-140 Forum on 28 Dec 2017
Topic: New Tax Bill Child tax credit for H4 children

I stand corrected here. Right from 2018 tax year on wards, child tax credit will be given to only kids having SSN. So H4 dependent kids will not get that credit any more from tax year 2018.

Unfortunately, there is no differentiation between kids on H4 visa with ITIN... and others from tax point of view, because ITIN is given to all dependents.
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