Date Expecting Current in Aug 2013 and New Job Offer

[sap81]

Hi All,

 

My Priority date is Aug 2007 EB2(And still using H1B-WITH i 485 pending more than 6 Months) and i have good offer which i have to join by End of June 2013 on EAD

 

I'm confused with all the hype that the date will move to Feb 2008 in Aug and or Sep 2013 Bulletin, so i have couple of questions

 

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

 

1) should  I go ahead and reject the offer or its worth the risk ( I just have one month to file AC21 and new attorney to take over the case etc assuming my date is current in AUG 2013 Bulletin

2) My Wife is using EAD as beneficiary applicant ,so i don't have back up plan

 

Also, if for some reason USCIS denies I 485 directly or they issue RFE . If they deny I 485 , would i be in legal status to file MTR

 

Any advise would be greatful

 

Thanks

[tusharvk]

murthy has posted the news today as only an estimate of the best case so you have to weigh your options.

Also, one can not assume that as soon as the dates are current, the green card will come.

Depending on how long the 485 has been pending, the applicant may have to redo biometric, furnish employment letter,etc.

Anyway, the posted processing times are 4 months+; so, there may not be enough time to get green card even if the dates were to become current in august.

on a side note, Numbers may get wasted.

[kalyan_ac]

@tusharvk: I do not understand why do you say that there may be a retrogression again in Fiscal year 2014.Could you please explain.

If the Numbers are not used,do they not rollover to the next fiscal year? And if what you say is right whats the point in forward movement except for those who missed to file I485 last time around.

[tusharvk]

@tusharvk: I do not understand why do you say that there may be a retrogression again in Fiscal year 2014.Could you please explain.

If the Numbers are not used,do they not rollover to the next fiscal year? And if what you say is right whats the point in forward movement except for those who missed to file I485 last time around.

that is a good question and I am trying to figure this out. may be the numbers will be wasted unfortunately.

But there are some unused numbers available for usage in eb2 which they seek to maximize usage. There would be some approvals when the pd becomes current.

[Belle]

If you have a qualifying job offer, then it only takes a couple of days to file an AC21 notification.

 

Your wife's EAD is valid for as long as her I-485 is pending.

[chakrakr]

It is not mandatory to submit a AC 21 letter. You can change job without risking your 485. Regarding the other question, visa numbers do not roll over to following year but I do not think numbers will be wasted this year

[tusharvk]

I would not be so sure. There are unused numbers in FB and  EB2 that could be made available to EB2IN.

To utilize the leftover numbers, they have to finish processing by end of september 2013.

Rumors indicate dates could move to feb or august 08.

As per demand data, there is demand of 8050 prior to 1/1/08 and 24200 prior to 1/1/09 as per demand data released for july 2013 visa bulletin.

So, anyway, there need to be sufficient numbers to satisfy this huge demand before they will move the date past 1/1/08.
The required approval rate would have to be 4000 cases/month from EB2IN alone. This is a tall order.

More likely scenario is that they may adjudicate quite fewer than 4000 cases/month and remainder numbers will go unused.

Nonetheless happy scenario for lot of EB2IN who may have missed filing last time around. Also for uscis because of the revenue from the filings.

[chakrakr]

I would not be so sure. There are unused numbers in FB and  EB2 that could be made available to EB2IN.

To utilize the leftover numbers, they have to finish processing by end of september 2013.

Rumors indicate dates could move to feb or august 08.

As per demand data, there is demand of 8050 prior to 1/1/08 and 24200 prior to 1/1/09 as per demand data released for july 2013 visa bulletin.

So, anyway, there need to be sufficient numbers to satisfy this huge demand before they will move the date past 1/1/08.

The required approval rate would have to be 4000 cases/month from EB2IN alone. This is a tall order.

More likely scenario is that they may adjudicate quite fewer than 4000 cases/month and remainder numbers will go unused.

Nonetheless happy scenario for lot of EB2IN who may have missed filing last time around. Also for uscis because of the revenue from the filings.

They do something called pre-adjudication where the adjudication is done and they simply issue the GC once date is current.  Seeing the current flood of RFE I think this is what they are doing --- they are reviewing and keeping ready the 485 applications so that a GC can be issed as soon as Date is current. 

[tusharvk]

There are anecdotes about RFEs hinting pre-adjudication although the RFEs from TSC are clearly in error (as per newsflash on murthy).

 

I suppose the number of pending 485s may also include the numbers with I140 pending; so can not be adjudicated.

There are also reports about the number of pre-adudicated I485s are close to 100,000 at both TSC and NSC.

 

I have also read that pre-adjudicated 485 still needs to be reviewed by adjudicator before the final decision; it would still require USCIS resources. Thus, although preadjudication may help make it faster to approve; no guarantees that numbers will not be wasted.