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Thread: EB2-3 Predictions (Rather Calculations)

  1. #901
    Quote Originally Posted by qesehmk View Post
    We have discussed that few days back. That's not what this person was talking about. He was talking about H1 extension approval vs ability to file 485.

    That's when I am saying as long as he has a valid status in US - approval of H1 is not a prerequisite for filing 485.
    Here is what I found. This is from USCIS directly but then again Parolee is an option for choosing a valid non-immigrant status as per USCIS document. If this is the case then 485 can be filed!

    it appears that your employer may want to pursue the immigrant visa petition process for you. Unfortunately, because you have indicated you have one or
    more of the following issues:
    A. You did not enter the United States legally, or
    B. You entered in a status that is barred from applying for permanent resident status in the United States, or
    C. You worked in the U.S. without proper authorization some time after January 1, 1977, or
    D. You violated your status in the United States, or
    E. You are not currently in a valid nonimmigrant status, or
    F. You entered in A, G or NATO status and have not yet obtained a certification from the Department of State or NATO on Form I-566, or
    G. You entered in “J” status and have not yet obtained a waiver of the two-year foreign residence requirement, or
    H. You entered in K-1 fiancé(e) status and did not seek permanent residence through marriage to the United States citizen petitioner,
    Last edited by anuprab; 09-15-2015 at 11:40 AM.

  2. #902
    There are sites with FREE legal advice. There are sites with paid advice. Ask any of them.

    I don't recollect your details - but i would advise you to do your own research and file it. I would never trust company lawyers.

    Quote Originally Posted by anuprab View Post
    Thanks Q valid non-immigrant status is it?? isn't that what adjustment of status is all about !! my head is spinning from all this. My lawyers aren't ready to interfile and or do a separate 485 for my spouse. His company lawyers wont interfile because they don't have my case with them and will only do a new 485. I am thinking what the hell lets just do the 485 without a valid non immigrant visa and if it gets denied so be it...the other option in go to india stamp a new h1 once it gets approved, enter in H1 status and then file 485..all this is not possible by Oct 31 so take a chance and file later in Nov or Dec if approval dates still valid. Phew I am exhausted just thinking about it!
    The purpose of this site is to improve clarity of GC process to help people plan their lives better. Use the info at your risk. None of this is legal advice.
    Please follow the Forum Rules and Guidelines as you participate or view the forum contents. | Forum Glossary

  3. #903
    Quote Originally Posted by denverconnection View Post
    Hi Gurus,

    My H1B has expired recently and applied for 7th year extension, which is pending from past 1.5 months. As per the new policy (based on Acceptance date) I am eligible to apply for I-485.

    1. Can I file I-485 when H1b extension is pending
    2. Is it necessary to have H1B approval before I file I-485

    Thank you in advance.
    I did file my 485 in 2012 when my H1B extension was pending. I just checked my 485 application submitted to USCIS, It has following information.

    current USCIS status - H1B
    Expires on - MM/DD/YYYY(Expired Date) EXTENSION PENDING

    I am not sure if my lawyer has submitted H1 extension receipt with 485.

  4. #904
    Thank you imdeng and Kanmani,

    One more question Should I put my Place of Birth as Y,X (Town, District)in the forms???

    Quote Originally Posted by Kanmani View Post
    mesan, if home town Y is in the district X, then get the affidavits like born in Y city/town of X district . It is sufficient.

  5. #905

    Incorrect I-94 date on H4

    Hi Guys - Thanks for all the analysis, over the course of years its been providing valuable information. My spouse, on H4, had traveled to India last year and at the time of her immigration, the CBP guy made an error and put an incorrect date her I-94 which should reflect the original Nov 2016 date instead of the incorrect Jan 2015 date. We recently noticed that and the attorney suggested we file a Nunc pro tunc H4 application and seemingly its a straight forward process which retroactively reinstates the status.

    However, with the recent movement in PD, we are in line to file the AOS/I485. The question is,
    1. Will it have an impact on the AOS or should we wait until the H-4 is approved?
    2. Is she essentially out of status right now?

    Thanks

  6. #906

    Risks associated with I-140 premium processing

    Hey guys, please move this to a more relevant forum if required.

    Would appreciate your guidance and thoughts regarding I-140 premium processing.

    I've changed employers and in a new field, so employer had to refile PERM. PERM got approved on 08/31, and now working with lawyers to file I-140.

    Does requesting Premium Processing increase the risk of RFEs/denials? My attorney is very vague about this, but I really want to get this over with and interfile our I-485. My acceptance date is current in the new visa bulletin system.

    Would appreciate thoughts and guidance.

  7. #907
    Sophomore
    Join Date
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    All, I am late to the party, I am really happy that I would be able to file the last and final step towards GC journey starting next month. I want to congratulate others, who are waiting and would be doing the same.

    Although, the state dept, did a nice job of opening the gates so that people with PD later than May 2010 for EB2-I could file 485 and get the benefits of EAD and Adv Parole by creating a new line. It makes me wonder whether this will actually slow down and elongate the wait for straight EB2 filers as it seems the dates would actually move slowly and gradually, giving time for Eb3 to upgrade and stand ahead in line while most of us who may not file with medicals for now, will wait for the RFE when dates get current and may miss the window of adjudication. Ofcourse things may be different, if USCIS issues RFE ahead of time before they anticipate dates being current, but there is always a risk.

    I am not opposed to people upgrading Eb3->Eb2 but not sure if this new process would benefit Eb2 filers, as the usual wait was 5-6 years from the PD and for me it has already been 4 and a half years with PD of Feb 2011 and not expecting to get GC anytime within the next year or two.

  8. #908
    The way I see it.. one small step for GC.. one giant leap for career/job portability!
    EB2I | PD: 08/23/2010 | Forum Glossary

  9. #909
    Hi All,

    with new application PD, I am eligible for applying.
    However my company immigration lawyer suggest that, we need not do medicals now as they are valid only for 1 year.
    Is this true ? When I see the I-485 checklist, it appeared that medicals are important for preadjucation.
    Please advice.

    Thank You

  10. #910
    In my opinion that should not have any impact. First time I applied for I-140, it was in premium and I did not recieve any RFE, I then changed the company and the lawyer for my new company applied for I-140 under normal processing, and I got a RFE about my experience letters which were earlier accepted by USCIS.

    So, it really depends on the person looking at your case and not how you file it. Why would they increase the work load if everything is good in application. You can get RFE in any case, atleast it will get cleared fast in case filing is in premium.


    Quote Originally Posted by mechanical13 View Post
    Hey guys, please move this to a more relevant forum if required.

    Would appreciate your guidance and thoughts regarding I-140 premium processing.

    I've changed employers and in a new field, so employer had to refile PERM. PERM got approved on 08/31, and now working with lawyers to file I-140.

    Does requesting Premium Processing increase the risk of RFEs/denials? My attorney is very vague about this, but I really want to get this over with and interfile our I-485. My acceptance date is current in the new visa bulletin system.

    Would appreciate thoughts and guidance.

  11. #911
    Sophomore
    Join Date
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    Location
    Austin, TX
    Posts
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    The same has been suggested by my lawyer as well. Look at the I-693 page on suggesting to send in the medicals, or wait on sending them until you receive RFE asking for it.

    If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

    Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
    Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).


    Depending on where you are with your PD, and if it may get current in the next one year, you may submit it now along with 485.
    Mine is Feb 2011 and it does not seem likely to get current within the next 12 months, so I would be waiting on sending it once I get RFE. I would recommend, do what your lawyer suggested but it is your call.

  12. #912
    Hi Biken,

    Thanks for your information and advise.
    I found this on Oh Law website, which is very interesting.
    I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

    • AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.






    Quote Originally Posted by bikenlalan View Post
    The same has been suggested by my lawyer as well. Look at the I-693 page on suggesting to send in the medicals, or wait on sending them until you receive RFE asking for it.

    If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

    Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).
    Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).


    Depending on where you are with your PD, and if it may get current in the next one year, you may submit it now along with 485.
    Mine is Feb 2011 and it does not seem likely to get current within the next 12 months, so I would be waiting on sending it once I get RFE. I would recommend, do what your lawyer suggested but it is your call.

  13. #913
    Spec/Q and Other Gurus,

    Any further advise on this.... "Should we apply for medicals concurrently or not"


    Quote Originally Posted by tatikonda View Post
    Hi Biken,

    Thanks for your information and advise.
    I found this on Oh Law website, which is very interesting.
    I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

    • AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.

  14. #914
    Spec/Q and Other Gurus,

    Any further advise on this.... "Should we apply for medicals concurrently or not"


    Quote Originally Posted by tatikonda View Post
    Hi Biken,

    Thanks for your information and advise.
    I found this on Oh Law website, which is very interesting.
    I do not want this to be further delayed.. I may go with medicals sooner and ready to spend more money, if medicals are expired in 1 year.

    • AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.

  15. #915
    Gurus,

    I am going to prepare I-765 and I-131 myself. Attorney will be helping with I-485 only.
    I would really appreciate if someone can provide inputs for the following questions.

    1. Since everything is being mailed together, do I put I-765 and I-131 in separate envelopes or a single envelope with everything?
    2. Prior EADs: I had received EAD and AP in 2007 as part of my previous NIW petition which was later denied. I see that the I-765 application asks for last EAD card, should I provide my EAD from 2007. I also had OPT card in 2006. Should I send everything?

    Thanks in advance.

  16. #916
    Guru imdeng's Avatar
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    Ann Arbor MI
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    For point 1, I can point to my own experience. My attorney sent 485, 765 and 131 all together in the same envelope. There was a nice cover letter at the top that listed all the items that the envelope contained.

    Not sure about point 2.

    Quote Originally Posted by gcpursuit View Post
    Gurus,

    I am going to prepare I-765 and I-131 myself. Attorney will be helping with I-485 only.
    I would really appreciate if someone can provide inputs for the following questions.

    1. Since everything is being mailed together, do I put I-765 and I-131 in separate envelopes or a single envelope with everything?
    2. Prior EADs: I had received EAD and AP in 2007 as part of my previous NIW petition which was later denied. I see that the I-765 application asks for last EAD card, should I provide my EAD from 2007. I also had OPT card in 2006. Should I send everything?

    Thanks in advance.
    EB2I NSC | PD: 08/07/2009 | Forum Glossary

  17. #917
    Quote Originally Posted by imdeng View Post
    For point 1, I can point to my own experience. My attorney sent 485, 765 and 131 all together in the same envelope. There was a nice cover letter at the top that listed all the items that the envelope contained.

    Not sure about point 2.
    Thank you imdeng.

  18. #918
    Experts pardon me for this question but what has led to EB3 RoW to come close to current from a gap of about 2+ years. Is this the only reason that EB3 India has a chance in 2016? However why the CO think otherwise then? Just trying to see where I stand in this queue coming close to the 10 yr anniversary of my PD !!

  19. #919
    Quote Originally Posted by tatikonda View Post
    Spec/Q and Other Gurus,

    Any further advise on this.... "Should we apply for medicals concurrently or not"
    FWIW, the answer i got from Fragomen was - they are advising all clients to include medical report. i just did my medicals with assumption that i will need do-over when my date truly becomes current. the CS that i went to said, they are seeing mad rush and doing 40-45 medicals a day since last Saturday.

  20. #920
    YTEleven,
    I have Sept 2011 PD in EB3-I and the opportunity to upgrade to EB2-I. Should I go for upgrade or wait and watch EB3-I movement over next 3 months?

    Thanks.

  21. #921
    My attorney, who is also from Fragomen, advised against including the medical report. My PD is in 11/2009.

  22. #922
    The tech giant I work for also retains Fragomen. And Fragomen has advised me not to get Medicals.
    It makes sense since my PD is 06/2011.

    If my date was in 2009 or early 2010 I would have anyways gotten the medicals done.
    I am not as concerned about money as I am of having to take time from work for the unneccesary medicals.

    Quote Originally Posted by dec2010 View Post
    FWIW, the answer i got from Fragomen was - they are advising all clients to include medical report. i just did my medicals with assumption that i will need do-over when my date truly becomes current. the CS that i went to said, they are seeing mad rush and doing 40-45 medicals a day since last Saturday.

  23. #923
    Quote Originally Posted by eb2ODer View Post
    The tech giant I work for also retains Fragomen. And Fragomen has advised me not to get Medicals.
    It makes sense since my PD is 06/2011.

    If my date was in 2009 or early 2010 I would have anyways gotten the medicals done.
    I am not as concerned about money as I am of having to take time from work for the unneccesary medicals.
    Q and others who have responded to me so far, after a paid consult with the another attorney from the same firm which has told me that they can't interfile my spouse's case based on application filing date but will do it when dates come to final approval dates, the senior Attorney thought there wasn't right and my spouse's case should be eligible to interfile based on the Oct VB's application filing date. Waiting to hear from them still...hope they interfile and don't make me do another 485 which will just super complicate my case !! Thanks for everyone who chimed in...
    Last edited by anuprab; 09-18-2015 at 11:31 AM.

  24. #924
    Hello All,

    Congrats to all of the folks who have the ability to file for 485 in Oct. I'm one of the many folks to be benefited as well.
    I had a quick question to ask. I had planned my India trip in December(entire Dec) well in advance and hence cannot reschedule.
    The question doing rounds in my head is : Does my travel in December to India impact(delay?) any of subsequent step which I might have to take after filing for I485?
    Pls let me know. Thanks in advance.!

  25. #925
    Hello Q & Others,

    I hope I am posting in the right thread.

    EB2 I, PD 12/2008; My I-485 was filed last year/2014 with my wife listed as dependent. We have EAD and AP through me but hold separate H1Bs which we intend to maintain.

    My wife also had a separate I-140 approved and has PD of 2010 which became current in this October Bulletin.

    * Is there any harm/risks involved in filing her I-485 separately and listing me as dependent? ; so this would be 2 I-485s: one with me as primary which was filed 2014 and one with my wife as primary to be filed now.

    I know my PD is much earlier but I am looking to see if a 2nd I-485 using my wife as primary can act as backup. Example scenarios: I quit my existing employer who filed for my PERM/GC and cannot find a job in similar occupation. It is my understanding that I can change jobs with AC21 but have to have a job description that matches at least 50% of the one filed during labor. When they filed my labor, they made the job description very specific which is ruling out lot of opportunities and I have also branched out since its been 6+ years.

    If anyone has similar experience, please share. We are checking with attorneys but I wanted to poll the group and see if anyone has any thoughts on this since this must be a very common scenario.

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