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Thread: EB2-3 Predictions (Rather Calculations)

  1. #926
    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.
    Our company is filing without medicals. the lawfirm is Tafapolsky & Smith LLP;

  2. #927
    Quote Originally Posted by sunrisegrove1 View Post
    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.
    I am in kind of a similar situation like you. Mine was filed under EB3 India June 2006 PD and since Jul 2007 we are on EAD/AP no H1. now my spouse's May 2010 EB2 India PD has become current . I have got 3 different opinions -

    1. His company lawyer suggesting file a new 485 obviously because he has no clue of my case and list me as dependent
    2. My lawyer suggested we cant interfile right now based on application filing date will have to wait till final approval dates for interfile and making him the primary
    3. Senior Attorney from my lawyer's firm said we CAN interfile right now and interfiling is the best option as this leads to only one file under one A#

    They were supposed to get back to me today and I am still waiting...My choice is to interfile and not create complications. If they say they cant interfile, I plan on filing a new 485 with me as dependent and my spouse primary. The 140 A# of my spouse is the same that was when he file for 485 in 2007. It will lead to delay but that is the best course if interfiling cant be done at this time. Let me know what you decide.

  3. #928
    Quote Originally Posted by anuprab View Post
    I am in kind of a similar situation like you. Mine was filed under EB3 India June 2006 PD and since Jul 2007 we are on EAD/AP no H1. now my spouse's May 2010 EB2 India PD has become current . I have got 3 different opinions -

    1. His company lawyer suggesting file a new 485 obviously because he has no clue of my case and list me as dependent
    2. My lawyer suggested we cant interfile right now based on application filing date will have to wait till final approval dates for interfile and making him the primary
    3. Senior Attorney from my lawyer's firm said we CAN interfile right now and interfiling is the best option as this leads to only one file under one A#

    They were supposed to get back to me today and I am still waiting...My choice is to interfile and not create complications. If they say they cant interfile, I plan on filing a new 485 with me as dependent and my spouse primary. The 140 A# of my spouse is the same that was when he file for 485 in 2007. It will lead to delay but that is the best course if interfiling cant be done at this time. Let me know what you decide.
    Thanks for sharing your case. Let me know what you find. In my case, both of us are EB2I. We have also asked my wife's attorney team on what can be done. If a 2nd filing can act as a backup (for scenarios I mentioned) and not complicate things, I definitely don't want to miss out an opportunity.

  4. #929
    Quote Originally Posted by sunrisegrove1 View Post
    Thanks for sharing your case. Let me know what you find. In my case, both of us are EB2I. We have also asked my wife's attorney team on what can be done. If a 2nd filing can act as a backup (for scenarios I mentioned) and not complicate things, I definitely don't want to miss out an opportunity.
    sunrisegrove,

    Here is what was suggested to us. There is no clarification from USCIS if interfiling can be done based on application filing date but if we decide then our lawyers will contest the case if required. The senior attorney strongly believes we can interfile but is not certain sans lack of memo from USCIS.

    The second option was to remain on my case as primary which means he is stuck till eB3 India dates move. They told me since we aren't on any non immigrant status like H1 we legally cant file another 485. Even if we were, filing multiple 485s complicates and delays cases.

    At this point we think interfiling is the best option. Can you please update me on what your lawyers suggest? Thanks.

  5. #930
    Quote Originally Posted by anuprab View Post
    sunrisegrove,

    The senior attorney strongly believes we can interfile but is not certain sans lack of memo from USCIS.
    It is my understanding that the filing date provides all the benefits that a typical I-485 filing does, except for final adjudication. This includes:



    1) EAD/AP

    2) Preadjudication of cases

    3) 6 month AC21 portability after 485 submission

    4) Interfiling requests

    Essentially, the premise is that USCIS will permit interfiling when they are actively working on cases in your date range. If they are willing to accept and preadjudicate cases in your date range, they should also be willing to entertain interfiling requests because it only increases USCIS internal processing efficiency.

    I'm actually in the process of requesting I-140 premium processing in order to be able to submit an interfile request, so have some research into this and asked the attorneys working on my case.

    Hope this helps!

  6. #931
    Quote Originally Posted by mechanical13 View Post
    It is my understanding that the filing date provides all the benefits that a typical I-485 filing does, except for final adjudication. This includes:



    1) EAD/AP

    2) Preadjudication of cases

    3) 6 month AC21 portability after 485 submission

    4) Interfiling requests

    Essentially, the premise is that USCIS will permit interfiling when they are actively working on cases in your date range. If they are willing to accept and preadjudicate cases in your date range, they should also be willing to entertain interfiling requests because it only increases USCIS internal processing efficiency.

    I'm actually in the process of requesting I-140 premium processing in order to be able to submit an interfile request, so have some research into this and asked the attorneys working on my case.

    Hope this helps!

    Absolutely makes sense. Wonder what took my attorneys so long to figure that one out! I even paid for a consult before that they weren't even ready to interfile ! Anyways my weekend starts on a relaxed note.

  7. #932
    Quote Originally Posted by gop999 View Post
    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.!
    Read this. Hopefully, you will find the answer to your question.

    http://www.hooyou.com/h-1b/h1b_Work%...o%20I-485.html

  8. #933
    Thanks Jonty, It was indeed helpful.

    Quote Originally Posted by Jonty Rhodes View Post
    Read this. Hopefully, you will find the answer to your question.

    http://www.hooyou.com/h-1b/h1b_Work%...o%20I-485.html

  9. #934
    I am not sure if this is the thread to post this question but would appreciate any inputs on my situation

    Background:

    My Green Card situation:
    Position Title: MyGCJobTitle
    PD: June7th, 2010...About to file i-485

    H1B
    Position Title: MyH1BJobTitle
    Currently working on H1B valid untill 2017


    Question: My wife (H1B valid 2018) and 3 year old child recently relocated to a new location(90 miles from where we were) and i am wondering which of the following is my best coarse of action

    Options:

    1. Don't Rock the boat:
    Continue to work where i am,file I-485 and start working from the new location after receiving EAD..This essentially means staying separate, visiting family over the weekend for atleast 3 months, not to mention the risks of switching to EAD.
    2. Rock the boat:
    Start working from new location only after H1B amendment has been filed. I have several concerns about this option.
    a. Since HR generally takes care of all H1B filings, am not sure if she has enough knowledge to do the H1B amendment right
    b. The employer may not be open to a salary adjustment, in case it is reqd for the new location
    c. Would this screw up my GC in any way.
    d. What happens if amendment gets rejected after 3 months...? Would all the work performed from the new location make things illegal and affect 485.
    e. Worst case if H1B amendment is denied, can i still go back to old location and continue working from there like i have been for 10 yrs.

    3. Start working from the new location only after 180 days of filing 485.


    At this point, i am looking for any inputs to chart the safest coarse of action...Any inputs would be much appreciated.

    Thanks

  10. #935
    Sensei
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    It much depend on which is the best job for your career and your family. EAD poses no risks. As long as your new job is "somewhat" similar to the old one, you will be just fine. The "somewhat" is my personal opinion, but it has been arrived at after speaking with many people. Under Obama's reforms, the CIS is supposed to make this more clear and more "liberal".

    It's just 90 miles. I used to drive 150 miles each way (300+ total) for 7 years just so that I can be with my family everyday. I am not saying you should too, but driving 3 times a week is possible for a couple of months.

    Quote Originally Posted by toomuchguy View Post
    I am not sure if this is the thread to post this question but would appreciate any inputs on my situation

    Background:

    My Green Card situation:
    Position Title: MyGCJobTitle
    PD: June7th, 2010...About to file i-485

    H1B
    Position Title: MyH1BJobTitle
    Currently working on H1B valid untill 2017

    ...

    At this point, i am looking for any inputs to chart the safest coarse of action...Any inputs would be much appreciated.

    Thanks
    Last edited by nbk1976; 09-23-2015 at 08:44 PM.

  11. #936
    Quote Originally Posted by nbk1976 View Post
    It much depend on which is the best job for your career and your family. EAD poses no risks. As long as your new job is "somewhat" similar to the old one, you will be just fine. The "somewhat" is my personal opinion, but it has been arrived at after speaking with many people. Under Obama's reforms, the CIS is supposed to make this more clear and more "liberal".

    It's just 90 miles. I used to drive 150 miles each way (300+ total) for 7 years just so that I can be with my family everyday. I am not saying you should too, but driving 3 times a week is possible for a couple of months.
    Thanks for your response...

    In your opinion, what could potentially go wrong with the following plan

    1. Continue to work from where i am(M-F) and travel the new location only on weekends untill EAD arrives.
    2. Once EAD arrives(say 3 months from now), use it to work for the same employer, same job but from the new location i.e. travelling back and forth stops.
    3. Once 180 days have passed, reevaluate my options and if required switch to a new employer on EAD i.e. this is where i believe the same or similar will come into play.

    Thanks

  12. #937
    Hello YTEleven and Q,
    I have EB3-I PD Sept 2011. My company is willing to upgrade me to EB2-I. I read a post on this forum that EB3-I backlog may be cleared in FY2016. Should I stay put in EB3-I or upgrade to EB2-I?

    Thanks.

  13. #938
    Do not wait and upgrade to EB2. EB3-I might be cleared till 2006 end. No chance to reach 2011. So your only hope is EB2 upgrade.

    Thanks

  14. #939

    It Appears Visas Have Run Out for FY2015

    A user on Ron Gotcher's forum reports receiving an email from USCIS:

    Post #1244

    Just got email from USCIS.

    Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.

    This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).

    USCIS will continue to accept adjustment of status applications that are filed when the foreign national’s priority date is earlier than the cut-off date published in the September Visa Bulletin for his or her preference category and country of birth/chargeability.

    USCIS will resume final adjudication of employment-based adjustment applications beginning October 1, 2015, when visa numbers are again available.

    Applicants filing Form I-485 on or after October 1, 2015, should review the “When to File” section on the Visa Bulletin Info Web page to determine whether they are eligible to file Form I-485.

    Kamakazee, 29 minutes ago
    http://www.immigration-information.c....19205/page-63

    It should come as no great surprise to anyone.

    EDIT:-
    It's now also announced by USCIS on their website with the same language. http://www.uscis.gov/news/alerts/usc...ainder-fy-2015
    Last edited by Spectator; 09-24-2015 at 02:21 PM.
    Without an irritant, there can be no pearl.

  15. #940
    Based on July inventory there were about 8837 EB3 India applicants in 2004. We know dates moved till Dec 22, 2004 and many in Nov-Dec have seen approvals. Assuming 2004 has cleared off, there are only 5273 cases in 2005 including the 2000 odd in March 2005 alone. Based on favorable SO data for EB3 FY 2016, dates should cover well beyond mid 2006. Am I right in assuming this?

  16. #941
    2004 is not cleared off yet. Around 30-40% cases are not approved yet. In my opinion around 3500-4000 inventory would be there till end of Dec. Also inventory is increased by new additions also. Check the tracker below.

    https://docs.google.com/spreadsheets...it?pli=1#gid=0

    Thanks
    Last edited by Suva2001; 09-24-2015 at 04:49 PM.

  17. #942

    Not a good sign

    From Greg Siskind wsbsite:

    http://blog.ilw.com/gregsiskind/2015...-filing-dates/

    Iíve just heard a very disturbing report that USCIS is in a state of confusion and consternation about the adjustment filing dates in the new Visa Bulletin and is considering forcing the State Department to reissue it with new much earlier filing dates. Iím hoping this is not the case. If anyone is hearing news on this and wants to contact me, let me know. I will, of course, keep confidential the identity of anyone providing information.

  18. #943
    Quote Originally Posted by delguy View Post
    From Greg Siskind wsbsite:

    http://blog.ilw.com/gregsiskind/2015...-filing-dates/

    Iíve just heard a very disturbing report that USCIS is in a state of confusion and consternation about the adjustment filing dates in the new Visa Bulletin and is considering forcing the State Department to reissue it with new much earlier filing dates. Iím hoping this is not the case. If anyone is hearing news on this and wants to contact me, let me know. I will, of course, keep confidential the identity of anyone providing information.
    I doubt they will do that since that can lead to lawsuits etc. Why would USCIS fret about these dates ? All their job is to adjudicate these applications and issue EADs and APs. Of course they cannot pester EB applicants with their H1B issues.

  19. #944
    Quote Originally Posted by gcq View Post
    I doubt they will do that since that can lead to lawsuits etc. Why would USCIS fret about these dates ? All their job is to adjudicate these applications and issue EADs and APs. Of course they cannot pester EB applicants with their H1B issues.

    This is just Greg's way of drawing additional attention to his website.

    USCIS is not funded by the government, and has proven that it has amazing processing ability. Recall the date movements in 2012 when several years became current - USCIS did not fret and was able to successful manage caseload.

    In the current situation, the dates haven't event moved by years. Most of the 'acceptance' dates have already filed for 485, it at max 1 years worth of intake, which is not much at all.


    Ofcourse, there is also always the threat of lawsuits. Recall the 2007 lawsuit when the DoS change the dates?

    Bottom line - don't worry.

  20. #945
    Quote Originally Posted by Suva2001 View Post
    Do not wait and upgrade to EB2. EB3-I might be cleared till 2006 end. No chance to reach 2011. So your only hope is EB2 upgrade.

    Thanks
    Thanks for the feedback Suva.

  21. #946
    Sensei
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    Quote Originally Posted by toomuchguy View Post
    Thanks for your response...

    In your opinion, what could potentially go wrong with the following plan

    1. Continue to work from where i am(M-F) and travel the new location only on weekends untill EAD arrives.
    2. Once EAD arrives(say 3 months from now), use it to work for the same employer, same job but from the new location i.e. travelling back and forth stops.
    3. Once 180 days have passed, reevaluate my options and if required switch to a new employer on EAD i.e. this is where i believe the same or similar will come into play.

    Thanks
    Your plan looks fine to me. In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).

    Remember: While you are with your H1-sponsoring employer, and your H1 is unexpired, you can continue to work on H1. There is no requirement to switch to EAD. In fact, you should not switch, because that will likely void your H1.

    After 180 days, you can move to a new employer closer to your family and work using the EAD.

    Remember: 180 days starts from the I-485 receipt date (day USCIS received your I-485 application), not the notice date (the date when USICS prints the notice letter). This works in your favor, because the notice date could be many weeks after you submit the application.
    Last edited by nbk1976; 09-25-2015 at 12:36 AM.

  22. #947
    Quote Originally Posted by nbk1976 View Post
    Your plan looks fine to me. In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).

    Remember: While you are with your H1-sponsoring employer, and your H1 is unexpired, you can continue to work on H1. There is no requirement to switch to EAD. In fact, you should not switch, because that will likely void your H1.

    After 180 days, you can move to a new employer closer to your family and work using the EAD.

    Remember: 180 days starts from the I-485 receipt date (day USCIS received your I-485 application), not the notice date (the date when USICS prints the notice letter). This works in your favor, because the notice date could be many weeks after you submit the application.
    Thanks...Quick follow up

    In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).
    My only goal with switching to EAD was to stay close ASAP and not wait for 180 days but i see the benefit of travelling back and forth for the full 180 days as well .

    On a separate note, is my understanding correct that i will be violating H1B rules if i work from our new home in the new location T-F and continue to work M-W from the old location

    Besides the pain of renewing the EAD and pain at port of entry, what other problems can occur by switching to EAD?. In other words, besides backup status, what does staying on H1B bring to the table assuming it may take atleast 2 yrs to get GC in hand

    Appreciate yours and others feedback on this

  23. #948
    Sensei
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    Quote Originally Posted by toomuchguy View Post
    Thanks...Quick follow up

    In fact even after your EAD arrives, you can and should continue to work using your H1. Your EAD is to be used only when you switch employers (after 180 days).
    My only goal with switching to EAD was to stay close ASAP and not wait for 180 days but i see the benefit of travelling back and forth for the full 180 days as well .

    On a separate note, is my understanding correct that i will be violating H1B rules if i work from our new home in the new location T-F and continue to work M-W from the old location

    Besides the pain of renewing the EAD and pain at port of entry, what other problems can occur by switching to EAD?. In other words, besides backup status, what does staying on H1B bring to the table assuming it may take atleast 2 yrs to get GC in hand

    Appreciate yours and others feedback on this
    I think you misunderstood me. You can work on H1 and be with family everyday, since you are still working with the same employer--and at the same job location. USCIS does not care if you work from home or commute everyday. If you change your job location (even within the same company, but a different branch or office), then you may have to file some kind of an amendment. I am not sure what that process is.

    Again, you will have to use your EAD only if you want to switch to another company. You can change employers after 180 days of USCIS receiving your I-485 application.

    Regarding your last question: I am assuming your are applying for Advance Parole (AP) along with the EAD? It is a separate application (I-131 travel document). If you send both I-485 and I-131 in the same packet, they will issue you the EAD card with AP travel permission. The two applications must be filed together in the same packet. Clearly indicate somewhere that both documents are enclosed and you want an EAD/AP COMBO card.

    There is no "pain" in renewing your EAD (it is free, but do it no earlier than 120 days from the expiry date of the EAD) and the re-entry process is not that bad: there may be a secondary level processing at the port of entry, but that is all.

    The only "advantage" of keeping your H1 valid, is in the rare case of I-485 denial, you can continue to lawfully stay in the US and look for other options. If you switch to the EAD and your I-485 application is denied (which is very unlikely unless there is fraud or misrepresentation), you will immediately begin to accrue unlawful stay. You will have to leave the US as soon as possible and only return with another valid visa (like another H1).

    Do let me know if you need any more clarifications.
    Last edited by nbk1976; 09-25-2015 at 01:08 PM.

  24. #949

    Visa bulletin is revised

    The new filing date is now moved back to 01-JUL-09


  25. #950
    Visa Bulletin revised today. EB2-I acceptance date is now Jul09
    TSC | PD: 12-17-2009 | RD: 2-1-2012 | ND: 3-2-2012 | FP Notice: 2-14-2012| FP Done: 3-12-2012 EAD/AP(Online): 3-3-2012 | EAD/AP(Physical Card): 3-21-2012
    GC(Approval Email): - | GC(Physical Card): -

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