Does it make sense to do CP anymore???

My employer has fleeced me for so long. Why go with the uncertainity of CP case? In fact my I-140 for EB2 was filed with CP option. After seeing that PP will not return soon, decided to file i-485. After 6 months I am going to switch jobs and be a free person (regarding the salary), till the GC arrives.

Each one has to decide what one needs to do based on their future plans.
 
Some good news!

There are couple of amendment bills at Senate and one of them is to recapture unused VISA numbers for EB category. If this bill passes, EB category would get close to 150,000 ADDITIONAL VISA numbers.

http://thomas.loc.gov/cgi-bin/query/...EbUhMu:e40168

And this means, EB would see a good movement this FY and most cases in Consulate will get their GC.

Wait and watch!
 
The point you are missing is that AOS or CP will benefit.
The visa numbers will be split appropriately by moving the dates forward. Unless the dates move forward to your PD, you are not going to get the GC any sooner.

I too had high hopes of getting GC quickly by doing CP, but gave up. No point hoping that things will go your way all the time. It is your fate which decides when you get the GC. There are many who are stuck in name check, there are many who got the GC really fast. etc..etc.
 
CP still makes a difference

The point you are missing is that AOS or CP will benefit.
The visa numbers will be split appropriately by moving the dates forward. Unless the dates move forward to your PD, you are not going to get the GC any sooner.

I too had high hopes of getting GC quickly by doing CP, but gave up. No point hoping that things will go your way all the time. It is your fate which decides when you get the GC. There are many who are stuck in name check, there are many who got the GC really fast. etc..etc.

Unless they open the gates as they did in July 2007 where PD was current and they had over 60,000 VISA numbers, CP would still be faster than 485. Here is how it is:

Assume the dates move forward for say, EB3, to Dec 31, 2005.

And, let us assume there are 20,000 485 applications pending with USCIS within this PD and 1,000 applications pending with CP consulates. There is no guarantee that all 20,000 would get GC (before dates retorgress back or VISA numbers used up) but the probability of all 1000 CP folks getting GC (before dates retrogress back or numbers being used up) is very high. One example, Consulate have no cases pending with them for EB3 with PD before May 2001 but USCIS still has many! This is all that I am saying.

And agreed, 485 has all interim benefits and guys in CP queue know that very well.
 
Last edited by a moderator:
After the last fiasco of USCIS to make dates current in July/August 2007, do you think that they will even dream of making the dates go forward that much?
Like 2005? for EB3?

I bet that this bit them in their behind. Now they will check numerous times before announcing the dates.

No point dreaming like this. Plan your life according.
 
Not dreaming!

After the last fiasco of USCIS to make dates current in July/August 2007, do you think that they will even dream of making the dates go forward that much?
Like 2005? for EB3?

I bet that this bit them in their behind. Now they will check numerous times before announcing the dates.

No point dreaming like this. Plan your life according.

Why would I dream?

Almost one quarter in this year gone and very few GC approvals so far - reason dates did not move forward yet. With 9 months remaining in FY 2008 and almost 130,000+ numbers remaining, if DOS/USCIS have same intention of using as many VISA numbers as possible, the only way is to move dates forward - atleast towards end of FY 2008.

Otherwise, there aren't enough 485/CP applications pending to use those many VISA numbers.
 
Why would I dream?

This is to give you a reality check. Do not live on cloud 9. I was there. Now I stopped going there.

Your PD is March 2005, EB3 (from your other posts).

There are heck a lot of people who have filed EB3 applications before you. Also most of the cases from back log center (about 300,000) have been approved. Out of these 300,000 cases, how many do you expect to be EB3? I would say about 90% + cases.

Current Visa bulletin:

EB 2nd 01APR04
EB 3rd 22APR01

So for the PD to reach March 2005 for EB3 will take a long time.

Can you prove that the dates will move to March 2005 within a few months for EB3?
 
OK, here we go

This is to give you a reality check. Do not live on cloud 9. I was there. Now I stopped going there.

Out of these 300,000 cases, how many do you expect to be EB3? I would say about 90% + cases.

Current Visa bulletin:

EB 2nd 01APR04
EB 3rd 22APR01

So for the PD to reach March 2005 for EB3 will take a long time.

Can you prove that the dates will move to March 2005 within a few months for EB3?

It is as much tough to prove it right as it is to deny. Because, we can only refer to inputs from DOS/USCIS/Attorney websites/Forums etc. If you trust them, here is my logic:

(For further details on my numbers refer: http://immigrationvoice.org/forum/showthread.php?t=14668)

There were 320K 485 filings in June-Aug 2007. Possible breakup
number of PERM approvals from 03/28/2005 - 10/1/2006 = 83,151

assuming 60% of those are for EB2 and EB3 (EB3 other workers are also included in the total 83151 count) = 49,890 ~ 50,000

50,000 = 39% of 128,000 unique labor certifications/primary applicants


(courtesy: above link)

There is no way EB3 could be 90% of all filings! May be your wish!!

My Logic is simple:

# The main reason for this retrogression was Labor Certification delay, reason why most 2003/2004 cases could not move as their LC got stuck in BEC.
# Most 2001 cases and 2002 are cleared from USCIS and whatever pending are pending due to name check and other reasons and not due to VISA numbers (there were several PD 2003 and 2004 (EB3 India) cases approved in the last 30 days for which numbers were reserved during July 2007).
# EB2 is in 2004 and that shows the retrogressed cases before 2003 and 2002 (in EB2)
# There are virtually no EB3 cases with PD 2002 or 2001 pending in Consulates (definitely not 2001) as there are no interview scheduled in the last two months for EB3 cases (refer Consulate apoointments).
# Remember some EB3 2005/EB2 2006 cases got their interview scheduled in July 2007 (for CP) - reason that's all the cases they have in most Consulates.
# Now that labor backlog cleared, I140 cleared for some (this is very important - not all pending I485 have their I140 cleared and Premium Processing is stopped and it may take 2-14 months for I140 nowadays - remove these applications from competing cases for VISA numbers) using PP - USCIS can start approving cases now.
# A good example is Nov bulletin where they said EB3 did not move because they have not consolidated information after July filings and NOT THAT VISA numbers are unavailable.
# with so much going about immigration (DREAM and lots of push for legal immigrants (EB) and various bills, amendment bills etc) the least DOS would do is to make sure atleast they are using most of 140,000 numbers available every year.
# how will they use 130,000 in 9 months (if they have used 10,000 in 3 months since Oct 2007)? By moving PD forward (if not current for ALL like July 2007) atleast to 2005/2006 for all categories - again atleast for 2 months towards end of FY 2008 which is July/Agugust/Sep 2008. This is when I hope all cases in Consulate (including mine) will get cleared.
#Besides, we are so close in recapturing unused VISA numbers (but my analysis is NOT based on these numbers) for EB immigrants. They have almost recaptured 60K numbers for EB3 Schedule A. And if this happens (for EB), then situation will be back to 2002-2004 where PD was current for all categories.
# Please understand that they make PD current NOT TO CLEAR ALL CASES IN QUEUE BUT TO CLEAR ALL POSSIBLE CASES. When that happens CP cases have the highest possibility than 485.

Tell me where I am in cloud 9 on this analysis! Just because 2001-2003 guys have been waiting for so long, it does not mean it will be the same for everyone and forever. Things will change and changing.
 
I agree with your analysis, that if dates move forward CP cases will get approved faster than 485. Especially the cases which have got stuck in name check or other issues.

But I still do not agree that the dates for both EB2 and EB3 will move very quickly. These USCIS folks bungled up big time and I am sure that they will not do the same mistake again. Only time will tell how the dates move forward.

I have nothing against EB3. In fact I am capturing the EB3 PD from substitute labor.

You also need to consider the fact that if you get laid off then you need to start from scratch for CP case (though you will be able to capture the PD), this is not the case for 485.
 
wait for 2 weeks.

Hey guys .. wait for 2 more weeks and we will get the December bulletin and all our questions and analysis will be answered. or at least we will know the trend movement for the green card train.. Hang in there....
 
Okay USCIS threw a spanner in the works. New bulletin for December is out.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html

Dates for EB2 have retrogressed!!! What the @#$@#QW# are these goofy USCIS upto?


INDIA

EB2 - 01JAN02
EB3 - 01MAY01

willwin, sorry to burst your bubble, but you are in for a long long wait for your GC. It would have been better for you to file 485 and use AC-21 to start a free life. I know that your life is not really free, till you get the GC, but you control it after using AC-21.

I have to wait another 5 months hopefully, before becoming a freer man. Wish I had filed I-485 in June 2007.

All the best.
 
Last edited by a moderator:
:) Thanks!

Okay USCIS threw a spanner in the works. New bulletin for December is out.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html

Dates for EB2 have retrogressed!!! What the @#$@#QW# are these goofy USCIS upto?


INDIA

EB2 - 01JAN02
EB3 - 01MAY01

willwin, sorry to burst your bubble, but you are in for a long long wait for your GC. It would have been better for you to file 485 and use AC-21 to start a free life. I know that your life is not really free, till you get the GC, but you control it after using AC-21.

I have to wait another 5 months hopefully, before becoming a freer man. Wish I had filed I-485 in June 2007.

All the best.


Worrieddude!

Appreciate your concern! Honestly, I never expected DOS to make PDs current in December. I never said that. My prediction is that by end of FY 2008, I would get my GC. It can go wrong. But certainly not end of life.

To me changing job with EAD and H1B are no difference as GC is not my ultimate goal in life. It is just a convenience.

And one more thing, I dont think USCIS is doing anything wrong. They are performing within their limits. What we are doing is watching them too closely. Every single move of USCIS. Which is not required.

I am glad that you will get what you want in 5 months!

Cheers!
 
Good point Willwin!.thanks

Will win,

Good point.I guess, we are giving too much importance to GC than our precious years at this stage of life. I was certainly depressed and angry after reading this bulletin..but after July fiasco..I was sensing about this..
hey..GC and becoming US resident does not mean success in your life..
If you get it..that's good...but lets not give too much important to GC and US than our lives..

Thanks for cheering me again..(I admit I was frustrated reading this bulletin..)
 
Willwin, you are not getting the point are you?

I had to join Desi company because of getting laid off from American Company 3 years back. I did not want to risk starting GC process again and again also possibility of having to go back if 6 years on H1B complete and then getting laid off. This company is sucking my blood.

At this stage in time, If I join an American Company, I will get about 30% more salary + benefits and holidays.

I cannot join American Company without having EAD/AC21.

GC is not a convenience. It is a big hinderance.
I need the GC fast / AC21 fast, so I decided to go the 485 route.

In 485 too there are risks, but if you plan this out properly, you will come ahead. I have been reading the forums and yes, there are issues. But once you have used AC21, you are a free man, do things as you please. That is when GC becomes a covenience. . Not now, when you are stuck with CP or with the same employer.

Have you considered what will happen to your GC (via CP) if your employer goes out of business? The wait is long. You need to decide wisely.


I was like you, insisting on CP with my new lawyer. He kept telling me from the start, that going I-485 is better. I did not listen to him and wasted 3 months. Then decided to file I-485. I am glad that I listened to him recently and filed this. After 5 months and odd, I am free to go join American Company or do my own thing (of course similar job desc.).

And one more thing, I dont think USCIS is doing anything wrong. They are performing within their limits. What we are doing is watching them too closely. Every single move of USCIS. Which is not required.

@##@@$ USCIS does not know what they are doing. They are the ones who created the ##$#R$@ mess in the first place. If they would not have made dates current in July/August, you and I would have had the GC by now.
 
Atlast I agree with you!

Willwin, you are not getting the point are you?

I had to join Desi company because of getting laid off from American Company 3 years back. I did not want to risk starting GC process again and again also possibility of having to go back if 6 years on H1B complete and then getting laid off. This company is sucking my blood.

At this stage in time, If I join an American Company, I will get about 30% more salary + benefits and holidays.

I cannot join American Company without having EAD/AC21.

GC is not a convenience. It is a big hinderance.
I need the GC fast / AC21 fast, so I decided to go the 485 route.

In 485 too there are risks, but if you plan this out properly, you will come ahead. I have been reading the forums and yes, there are issues. But once you have used AC21, you are a free man, do things as you please. That is when GC becomes a covenience. . Not now, when you are stuck with CP or with the same employer.

Have you considered what will happen to your GC (via CP) if your employer goes out of business? The wait is long. You need to decide wisely.


I was like you, insisting on CP with my new lawyer. He kept telling me from the start, that going I-485 is better. I did not listen to him and wasted 3 months. Then decided to file I-485. I am glad that I listened to him recently and filed this. After 5 months and odd, I am free to go join American Company or do my own thing (of course similar job desc.).



@##@@$ USCIS does not know what they are doing. They are the ones who created the ##$#R$@ mess in the first place. If they would not have made dates current in July/August, you and I would have had the GC by now.


Finally you have said something that puts us in agreement. That is, if USCIS had not made dates current in July.. we would have been in a better position. And that "WE" was guys in CP.

Dates would not have retrogressed badly as now. USCIS would have moved dates slowly forward and CP guys would have got the approval in turns. But, 485 guys will not have the pleasure of holding EAD.

And, let us be honest! How many will go through the situation that you went through? less than 10%? If my company closes down, I either have to find another job on H1B and start my Gc allover or go back. What about that? I am keen on GC but GC/USA is not my life.

Good luck to you!
 
Top