October 2020 VB Discussion

[lville]

Could this be a reason for delayed October bulletin.

https://www.uscis.gov/archive/uscis-announces-revised-procedures-for-determining-visa-availability-for-applicants-waiting-to-file

Looks like USCIS is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

[skpanda]

This is from 2015!! Old news...



Could this be a reason for delayed October bulletin.

https://www.uscis.gov/archive/uscis-announces-revised-procedures-for-determining-visa-availability-for-applicants-waiting-to-file

Looks like USCIS is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

[idliman]

gsiskind had his facebook livestream yesterday evening. https://www.facebook.com/siskindsusser/videos/244942923582172. I did not listen to it. Here's someone's (wagecuck3) interpretation of what was discussed.


Siskind said in his livestream that he thinks political interference regarding how much to move the dates is the reason why the VB is delayed, but he expects it to be out in the next 24 to 48 hours (but he didn't explain why). He also thinks there will be "multiple years" of movement in EB-1/2/3 for India if the state department applies the spillover properly.

[mcmilers]

At this point, everybody is just speculating but one thing is for sure, there is heavy meddling going on. I guess we just have to wait and watch.

[EB2IndSep09]

Am I the only one restless that the VB is not released even today 23rd of the month?
Anyone up for guess work? my guess is anytime before 9/30/2020 5 PM. ;)

p.s Timezone not specified for a reason and will be part of next release at 9/30/2020 5PM. jk to keep my nerves cool

[jimmys]

Am I the only one restless that the VB is not released even today 23rd of the month?
Anyone up for guess work? my guess is anytime before 9/30/2020 5 PM. ;)

p.s Timezone not specified for a reason and will be part of next release at 9/30/2020 5PM. jk to keep my nerves cool

I think DoS have until Oct 1,2020 to publish Oct 2020 bulletin. So there could be another 8 more days of wait possible.

[EB2IndSep09]

I think DoS have until Oct 1,2020 to publish Oct 2020 bulletin. So there could be another 8 more days of wait possible.

Not really...
As per the publication from State Gov in 2016, the recording normally updated on or about 10th of each month for the following month, unless they published a revision. Couldn't find the original but found the version from AILA archives and below verbiage
Over the period of time this has became another tool to torture the people who are waiting for the dates to be published. Also the current situation is not so called "normal".


The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 10th of each month with information on final action dates for the following month.Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:VISABULLETIN@STATE.GOV(This address cannot be used to subscribe to the Visa Bulletin.) Department of State Publication 9514

[Turbulent_Dragonfly]

Not really...
As per the publication from State Gov in 2016, the recording normally updated on or about 10th of each month for the following month, unless they published a revision. Couldn't find the original but found the version from AILA archives and below verbiage
Over the period of time this has became another tool to torture the people who are waiting for the dates to be published. Also the situation is not so called "normal".

This is from the September bulletin:
The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 17th of each month with information on final action dates for the following month.

Also if you call the number, it repeats January's bulletin. This is supposed to be a first world country.

[EB2IndSep09]

This is from the September bulletin:
The Department of State also has available a recorded message with visa final action dates which can be heard at: (202) 485-7699. The recording is normally updated on/about the 17th of each month with information on final action dates for the following month.

Also if you call the number, it repeats January's bulletin. This is supposed to be a first world country.

Here you go. Thank you TD.

[android09]

At this point, everybody is just speculating but one thing is for sure, there is heavy meddling going on. I guess we just have to wait and watch.

Do you know this as a fact ? Is there anything out in the public domain about this? There is a lot of over-thinking and torque....I second your second statement.

[android09]

I think DoS have until Oct 1,2020 to publish Oct 2020 bulletin. So there could be another 8 more days of wait possible.

I think not. Q or Spec can confirm. Are there any governing statutes on when the visa bulletin needs to be released?

[Turbulent_Dragonfly]

Do you know this as a fact ? Is there anything out in the public domain about this? There is a lot of over-thinking and torque....I second your second statement.

Zoe Lofgren mentioned in one of her questions to USCIS that according to her sources Admin has been influencing dates on the VB. She is too senior and experienced to get this on record without some evidence. USCIS obviously denied it, because why not. Chad Wolf made multiple false statements in his confirmation hearing today and will face no consequence either.

[jimmys]

I think not. Q or Spec can confirm. Are there any governing statutes on when the visa bulletin needs to be released?

I don't have the official wording or the section that supports it. I vaguely remember this.When 2015 visa fiasco happened, this is what DoS told the court. They retrogressed 2015 Oct bulletin about 25th of Sep 2015. When the case was filed, it was one of their responses how they were within their rights to alter the bulletin.


If anyone finds the actual section, please post it here.

[Turbulent_Dragonfly]

I don't have the official wording or the section that supports it. I vaguely remember this.When 2015 visa fiasco happened, this is what DoS told the court. They retrogressed 2015 Oct bulletin about 25th of Sep 2015. When the case was filed, it was one of their responses how they were within their rights to alter the bulletin.


If anyone finds the actual section, please post it here.

https://fas.org/sgp/crs/homesec/visagate.pdf

This has some information on that.

[qesehmk]

I think not. Q or Spec can confirm. Are there any governing statutes on when the visa bulletin needs to be released?

As Jimmys said the dept has to publish it latest by morning of Oct 1st. But I don't think there is any law or regulation at all that DoS is bound by. If DoS does not publish VB by Oct 1st morning, then they expose themselves to lawsuits as somebody can claim some loss because of DOS' act.

However DoS has all the discretion to publish it or not ahead of time. There is literally nothing we can do other than wait.

[android09]

Visa bulletin is out

EB2 final -sept 1, 2009
EB2 Filing - May 15, 2011

EB3 Final - Jan 15, 2010
EB3 Filing - Jan 1, 2015

[mesan123]

Visa bulletin is out

EB2 final -sept 1, 2009
EB2 Filing - May 15, 2011

EB3 Final - Jan 15, 2010
EB3 Filing - Jan 1, 2015

Nice... looks i am current for filling hoping they dont change anything.. Congrats to all who made the cut

[getsaby]

Visa bulletin is out

EB2 final -sept 1, 2009
EB2 Filing - May 15, 2011

EB3 Final - Jan 15, 2010
EB3 Filing - Jan 1, 2015

Commentary
All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500. Adjustment of status applications filed early in FY 2021 are most likely to be adjudicated during the upcoming fiscal year.

[qesehmk]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

[EB22010Dec]

Gurus - My PD is EB2 Dec 2010

I have an approved 140 from my previous employer. Who is a fortune 50 but might be willing to apply for my 485.
Can they do that?

If I did that, should I have to go back and work for them, if yes, how long should that be ?

[android09]

You should talk to them and figure out. Has your current employer not filed a PERM and I-140 for you ? You will retain the priority date of Dec 2010. In any case, should you decide to move forward, you will need to check if the job at your old employer still exists(I-140 is not withdrawn) and if they are willing to take you back, you will need to do an H1b visa transfer back to them and then file for I-485 when your dates become current. This is not legal advice. Please talk to a lawyer and evaluate your options carefully in consultation with your family before making any decisions.

[Justmyself]

When do we know which date they’d be honoring this month? EB3 March 2011 here

[srimurthy]

When do we know which date they’d be honoring this month? EB3 March 2011 here

One QQ, when filing for 485 do we need a copy of the I-140?
I have one from a previous employer with the PD in Sep2010. The current employer who has filed and have an approved I140 from 2017 did not share a copy of it. And I would be filing 485 based on the current job.

[newyorker123]

I have a 2013 EB2 I140 from an old employer. No Perm filed with current employer.

Can someone please tell me my options for filing I485 ?

I guess I will need a downgrade to EB3. Is my only option to join old employer, apply for downgrade, and then apply I485 after approval ? This might take a long time. Is there a way to downgrade to Eb3 without joining old employer ?

[altek001]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

Whhat happens if USCIS ask applicants to use Final Action dates and not filing dates?

[android09]

I have a 2013 EB2 I140 from an old employer. No Perm filed with current employer.

Can someone please tell me my options for filing I485 ?

I guess I will need a downgrade to EB3. Is my only option to join old employer, apply for downgrade, and then apply I485 after approval ? This might take a long time. Is there a way to downgrade to Eb3 without joining old employer ?

Unfortunately I don’t think so. I believe the requirements are you need an approved PERM and approved I-140 from current employer. This is the situation many people are going to find themselves in.

[bikenlalan]

Whhat happens if USCIS ask applicants to use Final Action dates and not filing dates?

Nothing happens, you will use the Final Action dates. But it seems most likely they will accept the Filing dates from the statement in the Visa Bulletin "The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits."

Plus this will being them a lot of funds in.

[newyorker123]

Unfortunately I don’t think so. I believe the requirements are you need an approved PERM and approved I-140 from current employer. This is the situation many people are going to find themselves in.

Nope. I am sure that if my application was filed with EB3, I would have been able to file I485 with an old employer. I485 is for future job offer.
I am confused because my PERM was with EB2, and I need a downgrade too

[Zenzone]

My PD is EB2 Jan 2011 so I'm current for filing. Should I still consider downgrading to EB3 in anticipation of being current for final action sooner? Completely torn :)

[optimista]

OK, I get your point, but did you have to really say it so early (thoda aur celebratory nachne dete humko aur) :-). Well, TBH you have a valid question. let's see what experts advice on this.

[jimmys]

There is a massive gap between EB-3 and EB-2 filing dates. A lot of downgrades will clog EB-3 line as well.

[vbollu]

Hi,

My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.

[Zenzone]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

Yes I agree...the direction is very positive...I just got current for filing for myself....EB2 - Jan 2011. But not sure if I still go for a downgrade

[EB2IndSep09]

One QQ, when filing for 485 do we need a copy of the I-140?
I have one from a previous employer with the PD in Sep2010. The current employer who has filed and have an approved I140 from 2017 did not share a copy of it. And I would be filing 485 based on the current job.

Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.

[VV_Nlr]

As Jimmys said the dept has to publish it latest by morning of Oct 1st. But I don't think there is any law or regulation at all that DoS is bound by. If DoS does not publish VB by Oct 1st morning, then they expose themselves to lawsuits as somebody can claim some loss because of DOS' act.

However DoS has all the discretion to publish it or not ahead of time. There is literally nothing we can do other than wait.

My PD is Feb 2011.
I have to travel to India on an emergency.
Given the current scenario, I may be stuck there 4 months.
Can I file from India?

[jimmys]

Yes I agree...the direction is very positive...I just got current for filing for myself....EB2 - Jan 2011. But not sure if I still go for a downgrade

No one knows how the FA will turnout. EB-2 may have the chance of vertical SO from EB-1 for the year 2021. So if I were you, I will stay put in EB-2 with Jan 2011 PD.

[qesehmk]

My PD is Feb 2011.
I have to travel to India on an emergency.
Given the current scenario, I may be stuck there 4 months.
Can I file from India?

I am very sorry for your situation. You can not file AOS from outside USA. Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.

So your best bet is to come back before end of October and file AOS immediately once you are back. Again - I truly feel terrible to answer it this way. Perhaps spend some money, talk to a lawyer about your situation. May be there is a way.

[mesan123]

I saw that the fling fee’s will be changed by Oct 2nd. Is there anymore changes to filing 485 than that???

[mesan123]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.
Thank you Q... atleast in this tough times some light for few..

[jimmys]

Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.



If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

[VV_Nlr]

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?

[srimurthy]

Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

[idliman]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.
It looks like DOS moved the FA dates based on Quarterly spillover calculation. Based on the usage, the EB2I FA dates might move slowly for the next 2 months. But in the next quarter we should expect another 1.5 month movement for EB2I. We should wait for the Check-in with CO.

The DF dates are based on the full year potential movement. So, I don't think those dates are going to move unless there is vertical spillover from EB1 (potentially in summer 2021).

[qesehmk]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.
VV_Nlr see what jimmys is saying. If true - and I believe H1 is a dual intent visa and thus should qualify.

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?
Perhaps. All the best.

Thank you Q... atleast in this tough times some light for few..
Indeed!

[vbollu]

@qesehmk can you please reply?

[sk.aggarwal]

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

I have previously done FOIA request to get copy of I-140 but it may take few months, which you may or may not have. I was previously told that if you happen to have your A# or I-140 receipt #, that could be used. I work for bank and hate that fragomen/hr refused to share the copy of I-140.

[VV_Nlr]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

@jimmys
Thank you. my current non immigrant visa is valid until 08/2023.
So, I can just apply for AOS and AP and leave?

[Justmyself]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20

[Turbulent_Dragonfly]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20

Maybe some fact to that. They may accept the filing date for a few months so that they can reap all the revenue from the applications and then pull it back.

[qesehmk]

Hi,

My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.Absolutely yes.

[mesan123]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20
Hmm... if this happens bummer...

[newyorker123]

Can an old employer (with whom I have approved EB2 I140) file for a new EB3 I140 (for downgrade) and I485 WITHOUT me re-joining them as an employee ?

If not, they should definitely be able to do this if I join them, right ?

[vbollu]

Absolutely yes.

ty so much, I contacted my employer about that, what date before I have to file I-485.

[GCkaLADDU]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

[qesehmk]

ty so much, I contacted my employer about that, what date before I have to file I-485.
October 31st ... or beyond if they do not retrogress the dates in Nov bulletin.

[gansun]

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

[inspired_p]

Also, if your new job is working for your employer at their site and not consulting/contracting work at a client site, I think that's a big plus point to accept the offer.[/QUOTE]


Always chase the career opportunity! If dates get current they won't retrogress for another decade...you should be in the safe zone. Good luck and god speed!


I made the mistake of not switching my job for years believing my PD will be current this year,every year. Don't make that mistake. If you like the job, just go ahead. Your PD will be current forever after 12 months or so. So you're not losing out much if your new job makes you happy.

This bulletin has given enough indication for me to stay put. I hope I get the opportunity to use the Dates of filing chart in the coming quarter.
People are just milking the cash cow without any consideration of the human element behind all of this. But that's the price we pay for the American dream I guess.

[inspired_p]

Will they use "Dates of filing" chart and how many months do you think they will use it?

[getsaby]

I hope USCIS don't put a damper by using FAD, instead of FD. There is no point of moving FAD this far and not acknowledging it.
Also I hope they do work diligently with new I485 applicants and not like H4, which is taking 12 - 15 months at CSC and the whole fingerprinting appointments wait times.

[mesan123]

When does USCIs update there Bulletin Normally?

[imdeng]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

[prabakarb]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

The answer NO. No need to worry about your tax returns.

[prabakarb]

Look at the coming month's projections till Jan/20. The dates will move rapidly. It depends on your priority date. What is your priority date?

[maverickwild]

The answer NO. No need to worry about your tax returns.

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

[imdeng]

The answer NO. No need to worry about your tax returns.

Prabakarb - Thanks for responding. Could you provide a little more details? How do you know? Personal experience or knowledge of law/rule etc. Sorry - I am not doubting your word - just that I am hyper-cautious about anything immigration related with whats going on in the country right now.

[vbollu]

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

ty very much.

[imdeng]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

In my case I actually will have a refund due to me. I just have not filed the tax returns yet.

[imdeng]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

I had the impression that USCIS can not access any individual's IRS records - unless of course we submit them as part of I-485 application.

[Prabhas]

I am very sorry for your situation. You can not file AOS from outside USA. Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.

So your best bet is to come back before end of October and file AOS immediately once you are back. Again - I truly feel terrible to answer it this way. Perhaps spend some money, talk to a lawyer about your situation. May be there is a way.

Also on the similar lines Q.. extending it...

I have a question too..This was answered many times but would like to run it again as a sanity check..

I have a valid H1-B till Year 2022 and also have a visa stamped till 2022. I am current with this movement (EB2 July 2010). Now once I file my AOS/AP with USCIS in the month of October, can I travel overseas using my H1-B visa in November or later? Or should I have to wait till I a receive receipt number for my I-485/ AOS? Or will it also fall into the same category of AOS/AP abandoned?

[qesehmk]

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?
imdeng- great to see you are current finally. I think there is nothing to worry here.

[qesehmk]

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.
I think there could be more likelihood of the person in question cheating on his IRS and USCIS application at the same time as compared to IRS and USCIS coordinating and looking for denying entry to people committing financial fraud.

I don't mean to dig at your friend... just trying to say that the likelihood is ultra low.

[GCkaLADDU]

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

Anyone?

Sorry haven't been this hopeful in a long time :)

[imdeng]

imdeng- great to see you are current finally. I think there is nothing to worry here.

Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.

[maverick2010]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

[mesan123]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited? You are correct... USCIS didnot yet update there decison for October Bulletin.. Can someone let me know normally when us update that...? Thanks in advance

[ksiva887]

My priority date is EB2 dec 2020. I looking to apply for i485 when we can use "Filing Dates".

I am in USA and my spouse is in India. I do not see her coming back anytime soon as visa date are not available for stamping. She is on H4 and she needs visa stamping. Gurus, please suggest what are my options to apply i485.

[maverick2010]

I two questions - Please chime in if you know the answer

a. Can an individual/employee file I-485 himself with employment letter (or) employer's help is needed for filing(on top of employment letter)?
b. What is the cost to file I-485 without employer's help.

Thanks!

[aGCHopefull]

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

I had found copy of I140 in my H1B extension application(That's needed to file for extension). Company had shared that docket with me. Can you check in that docket?

[Zenzone]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

USCIS has not yet updated their Oct 2020 bulletin yet. Here is why someone might be a bit more optimistic in general -

Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500. Adjustment of status applications filed early in FY 2021 are most likely to be adjudicated during the upcoming fiscal year.

[Moveon]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

EB3 filing date 01JAN15 and EB2 is 15MAY11

EB3 FA - 15JAN10 and EB2 - 01SEP09

Should people Downgrade .

I have my EAD with PD in Dec 2009 . I guess its better to wait ?

[nbk1976]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

Aren’t filing dates past your PD automatically grants you the ability to file your I-485? I am not sure I understand. What’s the purpose of the filing dates?

[AceMan]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

EB3 filing date 01JAN15 and EB2 is 15MAY11

EB3 FA - 15JAN10 and EB2 - 01SEP09

Should people Downgrade .

I have my EAD with PD in Dec 2009 . I guess its better to wait ?

People are going to do whatever they want, however they want, irrespective of what it sensible.

You have posted a question, which you already know the answer.

[bookworm]

Prabakarb - Thanks for responding. Could you provide a little more details? How do you know? Personal experience or knowledge of law/rule etc. Sorry - I am not doubting your word - just that I am hyper-cautious about anything immigration related with whats going on in the country right now.

If your extension is in line with the law then how could they ask you to file it? The scenario of owed taxes is different from one where there has been no determination of tax liability. Its good to take care of pending issues but i dont think this would be a roadblock to your gc.

Congratulations on becoming current!

[gcpursuit]

Anyone?

Sorry haven't been this hopeful in a long time :)

Yes. You just need to inform NVC that you are doing Adjustment of Status. I picked Consular processing to keep that option open for me in all my I-140s. When I got current and filed I-485, just wrote a letter to NVC informing them of the same.

[android09]

Only the Final Action date can lock your son's priority date without aging out. If you file your I-485 based on Filing date, it will not lock your son's priority date from aging out. Check for Child Status Protection Act (CSPA)..

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

[cool_dude]

That sucks..May be next month they will accept filling dates?

[GCkaLADDU]

Phew! Thanks so much Bro

[GCGCGCGC]

Only the Final Action date can lock your son's priority date without aging out. If you file your I-485 based on Filing date, it will not lock your son's priority date from aging out. Check for Child Status Protection Act (CSPA)..

Thank you very much Tandav for your reply.

[android09]

That sucks..May be next month they will accept filling dates?

Lots of confusion out there. Not sure which date to use. Per this document tweeted by a lawyer, USCIS Has not yet decided.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

[qesehmk]

Hi Q and all.. my spouse's PD is June 2010 EB2I. Newbie question - What is the advantage to file concurrently in eb2 and eb3?
Plus is you are hedging across categories and whichever gives you GC faster makes you happy.
Minus is the money and effort involved.


Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.
Makes sense. I have restated my 2020 tax return on 14th july ... yet to hear from IRS. Expect delays given the whole COVID thing.

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?
Go ahead and do it! Good luck!

[EB22010Dec]

Done, go back to your jobs, and come back down to earth.

Hope springs eternal and I am sure next month will be different.

[Zenzone]

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

[iamdeb]

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

below link is for August

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-54

If you check in this above link - last two digits is 54 and if you substitute with 55 and 56 then we are seeing September and October.

[EB22010Dec]

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

It's up again and it has been updated on Sep 24th.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

[gs1968]

The filing dates chart is not there-only the final action dates chart.Maybe it is getting revised

[EB22010Dec]

The second table will be present only if they are accepting the filing date.
Look the link bellow -

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-48

[iamdeb]

The second table will be present only if they are accepting the filing date.
Look the link bellow -

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-48

ya seems like it..even for Aug & Sep 2020 they didn't accept the filing date , hence second table not present. looks like same thing for Oct 2020.

[Prabhas]

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

I believe that link only pertains to Final Action Dates...Filing dates is in this below url which is still to come...

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

[Justmyself]

So, if they do not accept the filing date at the start of the fiscal year, this admin probably will never accept it. It’s obvious that the SO is bound to get wasted this year.

[Zenzone]

So, if they do not accept the filing date at the start of the fiscal year, this admin probably will never accept it. It’s obvious that the SO is bound to get wasted this year.

On what basis you say that? The true answer is we really don't know. I understand that the glass is half empty for you now, I don't blame you for that. Also, will it be "this administration" after January ;)

[Zenzone]

I believe that link only pertains to Final Action Dates...Filing dates is in this below url which is still to come...

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

Sorry to burst your bubble, the other page was updated today and this page is as of 9/1....

[iamdeb]

As per Emily's twitter, USCIS is not accepting Filing Dates chart for Oct 2020.

https://twitter.com/immigrationgirl

[maverick2010]

My question is, why would they bother to change the 'Filing Dates' if they are not planning to accept the application? Does it have any other implicit meaning?

Also, Oct bulletin says 'rapid movement' is expected for EB categories - with that being mentioned I'm puzzled why USCIS is not accepting 'Filing Dates'. Can anyone connect the dots???

[mesan123]

My question is, why would they bother to change the 'Filing Dates' if they are not planning to accept the application? Does it have any other implicit meaning?

Also, Oct bulletin says 'rapid movement' is expected for EB categories - with that being mentioned I'm puzzled why USCIS is not accepting 'Filing Dates'. Can anyone connect the dots???. Only benefit i am not sure probably consular process folks can apply... but at the same token .. how would counsular process work whennUS embassies are closed... dont understand the logic... Q or Spec any insight???

[optimista]

My question is, why would they bother to change the 'Filing Dates' if they are not planning to accept the application? Does it have any other implicit meaning?

Also, Oct bulletin says 'rapid movement' is expected for EB categories - with that being mentioned I'm puzzled why USCIS is not accepting 'Filing Dates'. Can anyone connect the dots???

This is gut wrenching, heart wrenching and so much roller coastery. I mean what is the point of moving filing dates (for Eb3) all the way to freaking 2015 if USCIS is not even going to look at it. This is an exercise in futility.

[android09]

This is gut wrenching, heart wrenching and so much roller coastery. I mean what is the point of moving filing dates (for Eb3) all the way to freaking 2015 if USCIS is not even going to look at it. This is an exercise in futility.

Wants the money but doesn’t want to do the work. What are the chances we will see a reversal of the visa bulletin like in 2015?

[maverick2010]

Quote from Oct Bulletin:
"Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500."

I don't think they would say something of above extent for few months movement. There is some confusion going on and I'm sure in next few days we will get the answer.

My wild guess - USCIS may say that they will accept 'Filing Dates' after the new fee structure comes into play - until then they don't want applications pouring in with old fee structure.

[Turbulent_Dragonfly]

If you go to the Oct bulletin, for which dates USCIS will use, they ask you to go to www.uscis.gov/visabulletininfo which gets redirected to the following link:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

In this, it still states:

Next Month’s Adjustment of Status Filing Charts
Coming Soon

Why is everyone panicking already?

[GC14Jan2010]

Hello Q, Spec and other experts,

I am in EB2 queue with PD June 6th 2011, As per the Q and other experts I can downgrade and file 140 and 485 concurrently from October if USCIS honors the DF chart.

My Son is turning 21 this December, we applied for Change of Status to F1 and it is still pending at USCIS.

I have following questions.
If I downgrade and file 140&485 concurrently.

What would be my Son's status? Can I include him with our application and file 140& 485?
Does he will be in GC queue eventhough he age out this December?

Please advice.
I am sorry to say this, but Child status protection act (CSPA) takes only FAD into account. So if the PD is current according to FAD the kid's age freezes and will be protected even after 21. When you file EAD/AP based on FD, the kid will get the EAD now and will get extended, but cannot get GC. I went through the same ordeal until this bulletin as my kid will be 21 in April 2021. But now that my date is current in FAD chart of October bulletin , he will be protected. As you can see I just scraped by ( my date is 14th jan 2010 and EB3 bulletin has 15th Jan 2010 as FAD cut off). Best of luck.
This forum has helped to keep my sanity in check with atmost comraderie and very useful information. I thank the Forum admins and volunteers for all the help.

[Zenzone]

This is gut wrenching, heart wrenching and so much roller coastery. I mean what is the point of moving filing dates (for Eb3) all the way to freaking 2015 if USCIS is not even going to look at it. This is an exercise in futility.

Well...welcome to the party...I have seen this personally happen to me twice now....and counting

[Zenzone]

Wants the money but doesn’t want to do the work. What are the chances we will see a reversal of the visa bulletin like in 2015?

I think if USCIS wants a more gradual movement...I can comprehend a bit as of why they would like it that way...at some point during this fiscal they will either allow date of filing or DOS will move the final action dates more aggressively (few months every bulletin). Both should achieve the same result over the year (fingers crossed). Honestly, all is not lost but the pain of instant gratification we all had since morning.

[GCGCGCGC]

I am sorry to say this, but Child status protection act (CSPA) takes only FAD into account. So if the PD is current according to FAD the kid's age freezes and will be protected even after 21. When you file EAD/AP based on FD, the kid will get the EAD now and will get extended, but cannot get GC. I went through the same ordeal until this bulletin as my kid will be 21 in April 2021. But now that my date is current in FAD chart of October bulletin , he will be protected. As you can see I just scraped by ( my date is 14th jan 2010 and EB3 bulletin has 15th Jan 2010 as FAD cut off). Best of luck.
This forum has helped to keep my sanity in check with atmost comraderie and very useful information. I thank the Forum admins and volunteers for all the help.

Thanks much. Congratulations and best of luck.

[usvisas]

I think if USCIS wants a more gradual movement...I can comprehend a bit as of why they would like it that way...at some point during this fiscal they will either allow date of filing or DOS will move the final action dates more aggressively (few months every bulletin). Both should achieve the same result over the year (fingers crossed). Honestly, all is not lost but the pain of instant gratification we all had since morning.

cant agree more..exactly my sentiments!

[inspired_p]

If you go to the Oct bulletin, for which dates USCIS will use, they ask you to go to www.uscis.gov/visabulletininfo which gets redirected to the following link:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

In this, it still states:

Next Month’s Adjustment of Status Filing Charts
Coming Soon

Why is everyone panicking already?
I agree. I have not followed the visa bulletins as closely as others, but I am fairly certain that the dates that USCIS intends to use is published after sometime the visa bulletin is released and uptill now they have not published which dates they will use for FB and EB categories.

[Turbulent_Dragonfly]

I read a few other threads and it looks like people are taking this, and making 55 as 56 and specifying that is what they are panicking about since making it 56 shows the next months' chart:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-55

[old_monk]

It's there in second paragraph of October bulletin : https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

[android09]

If you go to the Oct bulletin, for which dates USCIS will use, they ask you to go to www.uscis.gov/visabulletininfo which gets redirected to the following link:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

In this, it still states:

Next Month’s Adjustment of Status Filing Charts
Coming Soon

Why is everyone panicking already?

You can panic now. They've updated that link. It points to Final Action Date now for EB2 and EB3.

[Turbulent_Dragonfly]

You can panic now. They've updated that link. It points to Final Action Date now for EB2 and EB3.

Yeah they just updated it after seeing the panic on trackitt. :-D)

Anyways, it's alright guys. The important thing is they have acknowledged that there are thousands of visas spilling over. Maybe they are going to move the FA dates a few months at a time through the entirety of the FY2021 so that they can better manage the deluge of applications. Stay positive.

[jimmys]

You can panic now. They've updated that link. It points to Final Action Date now for EB2 and EB3.

So what's the play now? Revised filing dates for Nov bulletin?

[texas_]

So what's the play now? Revised filing dates for Nov bulletin?

Uscis honored dates chill guys please check now

[texas_]

Kindly someone confirm I m not day dreaming haha
Uscis has honored filing dates now ��

[NJMavarick]

No - Final Action Dates

[Turbulent_Dragonfly]

What the hell is going on here?!!

The USCIS page is now updated and stating that Dates for Filing is now going to be accepted for Oct.

[texas_]

What the hell is going on here?!!

Honestly I just saw

[texas_]

1712
I just saw it please close uscis page and look from google again it’s 2011 for eb2 and 2015 eb3

[rabp77]

Honestly I just saw

i saw it too. i think they are updating it. we should wait a bit.

please check https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

[texas_]

Hope all are able to file

[Turbulent_Dragonfly]

My attorney just called me squealing, jumping up and down. I don't think I have spoken to her since 2015, lol.

[NJMavarick]

This is batshit crazy! Filing date it is for NOW!

[EB22010Dec]

This is batshit crazy! Filing date it is for NOW!

This is madness.

[vsivarama]

This is madness.

This is USCIS!

[gthbvf]

This is madness.
Indeed...

Assuming USCIS dates won't change again

Filing AOS on Oct/01 will be eligible for old filing fee (potentially saving 100s of dollars?? (Since no fee for EAD/AP?)

[rabp77]

This is madness.

Are they unable to decide or is it some technical issues. Most likely it's the latter. But I give up. Will waiting for a week to know the right answer

[Turbulent_Dragonfly]

You want to talk about batshit crazy, just take a look at the I-944 Public Charge form, it's just ridiculous. 12 months bank statement, credit history report, credit card bills, mortgage bills, asset listing, school details back from elementary school...

[android09]

You want to talk about batshit crazy, just take a look at the I-944 Public Charge form, it's just ridiculous. 12 months bank statement, credit history report, credit card bills, mortgage bills, asset listing, school details back from elementary school...

People. Take Screen shots of the USCIS page before they change things.

[VV_Nlr]

I have H1 approved until 2023. But didn't renew H4 for wife and kid due to upcoming travel. They are valid until Dec 25, 2020. What will be the best course of action? Apply for Aos and Ap and travel or apply CP from India? Are consulates open for CP?

[vbollu]

what do you do with those screen shots? USCIS can defend that mistake easily say's it got happened while updating the site.

[sudiva]

You want to talk about batshit crazy, just take a look at the I-944 Public Charge form, it's just ridiculous. 12 months bank statement, credit history report, credit card bills, mortgage bills, asset listing, school details back from elementary school...

I checked USCIS check list and I-944 is not listed. where did you find it is required for employment based adjustment of status cases? Below is the link where I cross checked.
https://www.uscis.gov/i-485Checklist

[optimista]

I checked USCIS check list and I-944 is not listed. where did you find it is required for employment based adjustment of status cases? Below is the link where I cross checked.
https://www.uscis.gov/i-485Checklist

Totally agree with you. Even I dont know what is he talking about. I checked the same link exactly and it did not have I-944 info there.

[Turbulent_Dragonfly]

I am not talking out of my rear end.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

https://www.uscis.gov/i-485

Alert: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. If you send your application or petition by commercial courier (for example, UPS, FedEx, or DHL), we will use the date on the courier receipt as the postmark date.

For information about the relevant court decisions, please see the public charge injunction webpage.

[Turbulent_Dragonfly]

https://twitter.com/gsiskind/status/1309235621618167810

(((Greg Siskind)))
@gsiskind
To add to the mix, a) filing fees go DOWN for I-140s and UP for I-485s on 10/2 + the onerous I-944 public charge form is required with new I-485s filed after 10/12. No chance for problems. And, by the way, a judge may stop the fee increases before 10/2. Good times.
3:57 PM · Sep 24, 2020·TweetDeck

[jimmys]

I have H1 approved until 2023. But didn't renew H4 for wife and kid due to upcoming travel. They are valid until Dec 25, 2020. What will be the best course of action? Apply for Aos and Ap and travel or apply CP from India? Are consulates open for CP?

I know it's a difficult time for you. If I were you this what I will do. I will file AOS as soon as I can before I travel. You can travel after filing AOS as long as you have a valid non-immigrant visa to come back. I traveled while my 485 was pending and I entered without a problem using my H-1B. While you're abroad, the USCIS may send you a biometrics notice. So make arrangements to handle such things while you're away.

Travel while AOS is pending details are here:
https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/


As far as CP processing goes, I think you need to transfer your I-140 to NVC. If I am right, it will involve some delays. Besides, the consulates are closed for immigrant visa processing till Jan 2021.

Consult your immigration attorney for your specific case.

Good luck!

[GCkaLADDU]

Folks - any recommendations for good immigration lawyers?

How is Fakhoury Law Group? Any experiences?

[feedmyback]

So since all the confusion has slowly died down, is it safe to say that the filing dates are being honored? My PD is 29/Nov/2010 EB2. Am I eligible to file for my 485 this Oct 1, 2020? If yes, then I am in a shock!!

[prabakarb]

So since all the confusion has slowly died down, is it safe to say that the filing dates are being honored? My PD is 29/Nov/2010 EB2. Am I eligible to file for my 485 this Oct 1, 2020? If yes, then I am in a shock!!

Yes

Check the link below

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-56

[newyorker123]

For people in 2012-2015, they can potentially get I485 done and get an EAD, but GC would still be far away. Hence my questions below:

1) I read in multiple places that its always advisable to retain H1b status, even if one has I485 EAD. Why is this recommended ?
2) In general, what are the pros and cons of changing companies using I485 EAD, vs just staying on H1b ? Does the I485 extension cause much trouble like the H4 EAD is causing now ?

[sudiva]

I am not talking out of my rear end.

.......................

For information about the relevant court decisions, please see the public charge injunction webpage.

Opsssss.... that is rude. Thank you though. Appreciate your help.

[Moveon]

For people in 2012-2015, they can potentially get I485 done and get an EAD, but GC would still be far away. Hence my questions below:

1) I read in multiple places that its always advisable to retain H1b status, even if one has I485 EAD. Why is this recommended ?
2) In general, what are the pros and cons of changing companies using I485 EAD, vs just staying on H1b ? Does the I485 extension cause much trouble like the H4 EAD is causing now ?

The Advantage of having HIB is that incase your I-485 gets into issues then you have a fallback . Also incase your AP is stuck in processing and you need to leave the country you can get a stamp and re-enter . Else you cannot return if you AP has expired. Last time my AP took over 7 months to renew. But then most employers don't pay for HIB renewals once you get EAD via AOS, which in a way is fair from their point of view.

Changing jobs is much easier on EAD, its like a GC as long as its in the same domain . Extending the EAD is very smooth and you can even leave the country when its in process unlike the AP.

[jimmykashmir]

HI to file I485 for husband/ wife (we are in the country and not traveling right now) are any of the fee increases applicable to us please?

[newyorker123]

The Advantage of having HIB is that incase your I-485 gets into issues then you have a fallback . Also incase your AP is stuck in processing and you need to leave the country you can get a stamp and re-enter . Else you cannot return if you AP has expired. Last time my AP took over 7 months to renew. But then most employers don't pay for HIB renewals once you get EAD via AOS, which in a way is fair from their point of view.

Changing jobs is much easier on EAD, its like a GC as long as its in the same domain . Extending the EAD is very smooth and you can even leave the country when its in process unlike the AP.

Thanks. In recent times, I have heard of long delays with H4 EAD extensions. Those problems are not present with I140 EAD extensions ?

[Moveon]

Thanks. In recent times, I have heard of long delays with H4 EAD extensions. Those problems are not present with I140 EAD extensions ?

I-485 EAD extensions can be filed 6 months in advance and have a grace period of 180 days after expiry if EAD was filed before expiry . So you have a year and EAD comes in less than 4-5 months .

[drop2ocean]

My filing date is current in October ( EB3 , June 2010). Assuming my company will file I485 before Oct 31st, How long does it take for EAD ? What are the next steps after that ? If I get current on FAD, how long will it take to get greencard?

[longwaitgigu]

My spouse PD is oct 2010 in eb3
The company lawyer has said it will take 2 months for them to process I 485, i944( even though we submitted that form for h1b extension) and we r planning to do medicals too.
Their justification for 2 months is they dont want rfe. There are other 5 applicants who r filing I 485 this time.
I was looking at dates of filing
In 2019 it was open till January and 2020 open till march- can anyone double check that?
So I hope it remains open till December 2020 so we dont miss the boat.
The good lord be with us this time.

[Positive]

Wow, I was hoping for early 2013. We are lucky they are allowing Jan 1 2015 filing dates for EB3 in that case. I would not expect it to last beyond October. The NUSA, FAIR, CIS are probably already giving Miller hell for this.

[Zenzone]

My spouse PD is oct 2010 in eb3
The company lawyer has said it will take 2 months for them to process I 485, i944( even though we submitted that form for h1b extension) and we r planning to do medicals too.
Their justification for 2 months is they dont want rfe. There are other 5 applicants who r filing I 485 this time.
I was looking at dates of filing
In 2019 it was open till January and 2020 open till march- can anyone double check that?
So I hope it remains open till December 2020 so we dont miss the boat.
The good lord be with us this time.

I-944 is burdensome for you and not for your attorney. I do think that smaller firms may not have enough resources to plough through this demand spike. That said, many attorneys are used to this kind of seasonal demand peaks. For example, every H1b registration season sees probably way more (or atleast) similar volumes. So not sure why this is special. May be you can consider getting your own lawyer if that's possible.

[longwaitgigu]

For h1b extension we just filled one page for I-944
Never use any fed benefits
That's recent- got filed on 8/31
It's not small firm. My spouse works for one of giant companies and PhD holder and also now in covaid vaccine implementation
Its fragomen - they have contract with. We cannot hire own lawyer. So that's not option.
Having said
Just hoping they can file till end of October or we have to wait for November bulletin
So by 2 months end i485 is filed
I am guessing same like u- lawyers should be free now as no h1b s to do, also trump tighten FB, asylum seekers
I would like inputs any one predicts dates of filing be opened till December 2020
As someone said there must be a lot of opposition for dates of 2015

[mesan123]

Where i can find reference to filling I-944 Public Charge form after october 12th. I heard we have to file Public charge form as well if we are filling after October ...can someone point to link where it shows it

[GC032011]

Folks - any recommendations for good immigration lawyers?

How is Fakhoury Law Group? Any experiences?

You can reach out to Sonal Sharma sonal@sharmalawassociates.com.

[longwaitgigu]

My only concerning or consider question is the filing dates stay open till atleast November 2020 if not December 2020( as trump EO will stay effective December 2020)

[iamdeb]

My only concerning or consider question is the filing dates stay open till atleast November 2020 if not December 2020( as trump EO will stay effective December 2020)

my 2 cents is Filing Dates will be open till at-least Dec 2020 , as the whole point of the exercise is for USCIS to collect more money as filing fees from us to sustain themselves.......the fee increase from Oct 2 etc all point to that....

[donkeykong]

Hello,
I'm a long time reader of this forum. Thank you so much for insights and focused discussion!
I'm in a bit of quandary now that visa bulletin advanced so much. My PD is EB2 Jun, 2010. I left my last employer earlier this year and the new one is filing a perm next month. The lawyers I spoke with told me I cannot file till new I-140 is approved. Is that true?

Appreciate your help,

[srimurthy]

I would agree. The calculation will be difficult once the visas have started to be used by the EB category. Also the 261K visas denotes availability but not necessarily a target to be met. We hope that the intent of the USCIS is to use as many of these as possible. But as mentioned earlier it would take a doubling of effort by the USCIS

Are medicals also required to be submitted when filing 485? or do we do those later?

[inspired_p]

My employer has an approved PERM, I-140 not filed yet . ( Priority Date Oct 2010 from previous employer) . What do you think is the best option, applying in EB2 or EB3. All indications seem to suggest EB3 FAD would move faster and stay ahead than EB2.

[qesehmk]

Hello,
I'm a long time reader of this forum. Thank you so much for insights and focused discussion!
I'm in a bit of quandary now that visa bulletin advanced so much. My PD is EB2 Jun, 2010. I left my last employer earlier this year and the new one is filing a perm next month. The lawyers I spoke with told me I cannot file till new I-140 is approved. Is that true?

Appreciate your help,

When your FAD itself is current then you can file 485 even when your 140 is not approved.

[donkeykong]

Ah, that clears the confusion. Thank you!

[inspired_p]

When your FAD itself is current then you can file 485 even when your 140 is not approved.
Hi qesehmk,

Is it FAD or date of filing that matters for filing concurrently ? I am planning to file concurrent with October 2010 PD

[donkeykong]

My PD is June 2010 while my spouses Mar 2011 (Both Eb2).

As I mentioned earlier, I cannot file right now because of employer switch and new I-140 is still in process.
If we go with Mar 2011 application right now, can we switch June 2010 once I-140 is approved (assuming dates are still current)?

[Positive]

Hi qesehmk,

Is it FAD or date of filing that matters for filing concurrently ? I am planning to file concurrent with October 2010 PD Whichever date USCIS is honoring for the particular month. For october, you can file I-140 and I-485 concurrently. But I-140 cannot be filed until perm is certified.

[qesehmk]

Hi qesehmk,

Is it FAD or date of filing that matters for filing concurrently ? I am planning to file concurrent with October 2010 PD
When 140 is not approved then 485 can only be filed when FAD is current.
When 140 is approved then 485 can be filed even with filing date.

[nbk1976]

So when can folks start to see RFEs? Just want to have my documents like Suppl J, Medicals, etc. ready.

Should I wait till my date becomes current (FAD) or wait till an RFE is actually received? Do they reserve a visa number while they await the RFE response or its pretty much on a first-come basis?

[YTeleven]

My employer has an approved PERM, I-140 not filed yet . ( Priority Date Oct 2010 from previous employer) . What do you think is the best option, applying in EB2 or EB3. All indications seem to suggest EB3 FAD would move faster and stay ahead than EB2.

If you check my previous posts I was advising NOT file in EB2 for more than 6 or 7 years now.. instead file it in EB3.. now I can even more strongly say to go for EB3..

[Positive]

Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.

[Positive]

When 140 is not approved then 485 can only be filed when FAD is current.
When 140 is approved then 485 can be filed even with filing date.

Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.

[Zenzone]

When 140 is not approved then 485 can only be filed when FAD is current.
When 140 is approved then 485 can be filed even with filing date.

That's not accurate. You can file concurrently when the filing dates are current.

[mesan123]

Where i can find reference to filling I-944 Public Charge form after october 12th. I heard we have to file Public charge form as well if we are filling after October ...can someone point to link where it shows it
Can some answer my query...Thanks in advance

[Zenzone]

My employer has an approved PERM, I-140 not filed yet . ( Priority Date Oct 2010 from previous employer) . What do you think is the best option, applying in EB2 or EB3. All indications seem to suggest EB3 FAD would move faster and stay ahead than EB2.

I will be careful here. It will all depend on the downgrade volume. Also, for ppl. who upgraded from EB3 to EB2 can file using the EB3 I-140 as such. You don't know how much such volume exists. They will add to the EB3 pipe pretty quickly.

[Positive]

That's not accurate. You can file concurrently when the filing dates are current.

That is my understanding too. i don't think there is any legal ramifications from filing dates v. FAD dates except that they give USCIS an option to use one or the other for accepting AOS filings.

[qesehmk]

Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.


That's not accurate. You can file concurrently when the filing dates are current.


Can you point to a source for this? Are you saying that those downgrading from EB2 to EB3 cannot file I-485 until their I-140 is approved unless their priority is current under FAD? Downgrading requires filing a new I-140.

Here is the source ... https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

Happy to be proven wrong. If somebody can interpret this please chime in.

[Zenzone]

That is my understanding too. i don't think there is any legal ramifications from filing dates v. FAD dates except that they give USCIS an option to use one or the other for accepting AOS filings.

Bingo! True that

[maverickwild]

Here is the source ... https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

Happy to be proven wrong. If somebody can interpret this please chime in.

I was originally EB2 , when my filing date ( not FAD) for EB3 was current in Jan last year ,I was able to downgrade ,file concurrent 140 and 485 in EB3. I am on EAD since.

[qesehmk]

I was originally EB2 , when my filing date ( not FAD) for EB3 was current in Jan last year ,I was able to downgrade ,file concurrent 140 and 485 in EB3. I am on EAD since.

So it seems USCIS somehow is not strict about its own guidance. Hey I wouldn't complain about it.
Bottomline: go ahead and file concurrent. Worse case is waste of some money and effort. But the benefits of 485 will outweigh any potential loss.

[vbollu]

If I downgrade my I-140 from eb2 to eb3 with the same employer, in future if I want to use my old EB2 I-140 will that be valid or do I need to file new perm and I-140? can experts through some light on this?

[inspired_p]

If you check my previous posts I was advising NOT file in EB2 for more than 6 or 7 years now.. instead file it in EB3.. now I can even more strongly say to go for EB3..


If I downgrade my I-140 from eb2 to eb3 with the same employer, in future if I want to use my old EB2 I-140 will that be valid or do I need to file new perm and I-140? can experts through some light on this?

I was a part of a FB live webnar setup by HIRE IT, and the answer to this question from the lawyer is EB2 petition is still valid, EB3 downgrade is a petition amendment, and if EB2 dates are favorable in the future, there is something called Interfilling to use the old EB2 petition.

[inspired_p]

If you check my previous posts I was advising NOT file in EB2 for more than 6 or 7 years now.. instead file it in EB3.. now I can even more strongly say to go for EB3..


That's not accurate. You can file concurrently when the filing dates are current.

Thank you.

[Zenzone]

Here is the source ... https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

Happy to be proven wrong. If somebody can interpret this please chime in.

The caveat here is this -

When adjudicating concurrent filings, we determine the eligibility for the immigrant visa petition first. If a visa number remains available for the immigrant classification and your Form I-485 is approvable (which in certain cases requires an interview), we will generally consider the adjustment application at the same time. We will mail separate decision notices for both forms.

By Visa number being available - The interpretation is a visa number is expected to be available in the near term based on current projections a.k.a filing date basis.

[Positive]

Here is the source ... https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

Happy to be proven wrong. If somebody can interpret this please chime in. I don't see FAD or filing dates in this guidance, only that visa be immediately available. Has the USCIS ever differentiated the two and defined FAD as visas being immediately available and the filing date=visas not immediately available? I don't think so. FAD and filing dates have no basis in statute or even regulations I believe. It's just gobbledygook, as Scalia would say.

[Zenzone]

If I downgrade my I-140 from eb2 to eb3 with the same employer, in future if I want to use my old EB2 I-140 will that be valid or do I need to file new perm and I-140? can experts through some light on this?

You don't have to file another EB2 I140 in that case. Yes interfiling is possible. Similarly if you upgraded from EB3 to EB2 you don't have to file an EB3 I-140 again either. It is lawfully allowed to have more than one I-140 across categories and file for AOS just based on whichever category meets your PD the earliest.

[nbk1976]

The caveat here is this -

When adjudicating concurrent filings, we determine the eligibility for the immigrant visa petition first. If a visa number remains available for the immigrant classification and your Form I-485 is approvable (which in certain cases requires an interview), we will generally consider the adjustment application at the same time. We will mail separate decision notices for both forms.

By Visa number being available - The interpretation is a visa number is expected to be available in the near term based on current projections a.k.a filing date basis.

Well of course, this seems like a sensible policy. Otherwise, what possible use is of the "filing date"?

[vbollu]

You don't have to file another EB2 I140 in that case. Yes interfiling is possible. Similarly if you upgraded from EB3 to EB2 you don't have to file an EB3 I-140 again either. It is lawfully allowed to have more than one I-140 across categories and file for AOS just based on whichever category meets your PD the earliest.


I was a part of a FB live webnar setup by HIRE IT, and the answer to this question from the lawyer is EB2 petition is still valid, EB3 downgrade is a petition amendment, and if EB2 dates are favorable in the future, there is something called Interfilling to use the old EB2 petition.

if that is the case, every one will benefit with this rule.

[Zenzone]

if that is the case, every one will benefit with this rule.

Quick question. Do you need to complete medicals BEFORE we file for 485 (just based on filing date) and not final dates.

[vbollu]

Quick question. Do you need to complete medicals BEFORE we file for 485 (just based on filing date) and not final dates.


no, not needed as per my knowledge.
https://cilawgroup.com/news/2017/11/09/693-medical-exams-submitted-initial-employment-based-485-adjustment-status-filing/
Must I-693 medical exams be submitted with the initial I-485 filing?

The short answer is, NO. USCIS policy requires only that the medical exam be submitted any time prior to adjudication. According to the USCIS Policy Manual,

[nbk1976]

no, not needed as per my knowledge.
https://cilawgroup.com/news/2017/11/09/693-medical-exams-submitted-initial-employment-based-485-adjustment-status-filing/
Must I-693 medical exams be submitted with the initial I-485 filing?

The short answer is, NO. USCIS policy requires only that the medical exam be submitted any time prior to adjudication. According to the USCIS Policy Manual,

However, just my opinion: if possible send all documents together to make sure the packet is complete.

[Zenzone]

However, just my opinion: if possible send all documents together to make sure the packet is complete.

Yes. But the negative side is that if the final action takes longer than expected, medicals will expire and you would have wasted money, time and effort. That's the trade-off.

[Zenzone]

no, not needed as per my knowledge.
https://cilawgroup.com/news/2017/11/09/693-medical-exams-submitted-initial-employment-based-485-adjustment-status-filing/
Must I-693 medical exams be submitted with the initial I-485 filing?

The short answer is, NO. USCIS policy requires only that the medical exam be submitted any time prior to adjudication. According to the USCIS Policy Manual,

Thanks. That's what I heard from few of my other sources too.

[dus_saal_baad]

Hello friends,

New member here. My PD is Aug 20 2009 in EB2 and am now current. I have EAD and had applied for i485 already few years ago. Also got medical and RFE taken care of.

What is next for me? Do I have to check mails and nothing else?

[NJMavarick]

FWIW - Q - I am current as well....this forum was literally the support I needed to wade through the past few years. Thank you!

[NJMavarick]

Yes. But the negative side is that if the final action takes longer than expected, medicals will expire and you would have wasted money, time and effort. That's the trade-off.

True! I say if you expect your date to be current in the Final Action chart in the next 2 years, then its best to submit it together rather than receiving an RFE later..

[nbk1976]

Yes. But the negative side is that if the final action takes longer than expected, medicals will expire and you would have wasted money, time and effort. That's the trade-off.

But didn't they make the medicals valid for 2 years now, from the earlier 1 year? That should help reduce that occurrence. I don't know having never experienced this situation. I feel bad though from stories here of folk having done the medicals 2 or 3 times.

[Turbulent_Dragonfly]

But didn't they make the medicals valid for 2 years now, from the earlier 1 year? That should help reduce that occurrence. I don't know having never experienced this situation. I feel bad though from stories here of folk having done the medicals 2 or 3 times.

Yeah I am checking on this with my attorney too. The medicals are valid for 2 yrs. so I am guessing that will be good enough for EB2 FA to be current by then.

[qesehmk]

FWIW - Q - I am current as well....this forum was literally the support I needed to wade through the past few years. Thank you!
Great! Happy for you!

[qesehmk]

I don't see FAD or filing dates in this guidance, only that visa be immediately available. Has the USCIS ever differentiated the two and defined FAD as visas being immediately available and the filing date=visas not immediately available? I don't think so. FAD and filing dates have no basis in statute or even regulations I believe. It's just gobbledygook, as Scalia would say.
I interpret "immediate available" as FAD. But can't complain if otherwise!

A lot things routine work that Departments do doesn't have to have statute or laws. The whole distinction between final action vs filing date has no statute or law governing them. It exists because USCIS and DOS say so. And that's ok. I am not a big fan of having too many laws on which side of the road we should walk upon!

[Positive]

I interpret "immediate available" as FAD. But can't complain if otherwise!

A lot things routine work that Departments do doesn't have to have statute or laws. The whole distinction between final action vs filing date has no statute or law governing them. It exists because USCIS and DOS say so. And that's ok. I am not a big fan of having too many laws on which side of the road we should walk upon! There are advantages and disadvantages of agency rule making to supplement congressional statutes. USCIS has relied on guidance rather than rule making unlike other administrative agencies. Part of the disadvantage with that approach is that guidance can be freely changed without much resistance, which gives immense power in the hands of vile actors like Stephen Miller to bend entire immigration system of the country at will. But I digress...
I guess we are lucky that the current USCIS practice works for us in this instance for now.

[NJMavarick]

Does anyone know the requirements for the birth certificate? Does it matter when it was issued?

[altek001]

I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.

[TB12TB12]

Does anyone know the requirements for the birth certificate? Does it matter when it was issued?

Does it matter when it was issued? Yeah - it should NOT be issued before birth :cool:


Other than that read below


A copy of the applicant’s foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant’s country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2] Each foreign birth certificate must include a certified English translation. [3]

Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-4

[vbollu]

Does it matter when it was issued? Yeah - it should NOT be issued before birth :cool:


Other than that read below


A copy of the applicant’s foreign birth certificate or sufficient secondary evidence of birth must be submitted to establish the applicant’s country of citizenship for visa chargeability, identity, and existence of derivative relationships. [2] Each foreign birth certificate must include a certified English translation. [3]

Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-4

I have a dumb question, I don't know how the system works after I-485 got filed. If USCIS see's issue in Birth Certificate will they still issue EAD and request for more evidence (RFE) or uscis raise first RFE and if they get the proper response from the applicant then only they give EAD?. can experts please through some light on this?

[iamdeb]

I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.

as far i know NVC can be applied only when FAD is current....not on the basis of filing dates...

[shriny]

Hello, This might be a common question, if filing dates are current and not the final action date, is it still better to submit with medicals or wait until it becomes current in final action date?

Not sure if this was already discussed?

[EB2IndSep09]

Hello, This might be a common question, if filing dates are current and not the final action date, is it still better to submit with medicals or wait until it becomes current in final action date?

Not sure if this was already discussed?

Below is the medical exam direction from one of my attorneys... Advise to use it with your attorney's direction


Each applicant is required to complete a medical examination with a designated physician before the Form I-485 application can be approved. You may either submit the medical examination with your initial I-485 application, or bring the medical exam with you to your in-person interview. As the medical exams are valid for two years from the date of completion, we recommend that you submit them with your I-485 application. However, because USCIS will not accept medical exams signed by a civil surgeon more than 60 days before filing the underlying adjustment of status application, we advise that you wait until th attorney's office provide you with the draft application forms before scheduling your medical exam.

[altek001]

as far i know NVC can be applied only when FAD is current....not on the basis of filing dates...

I disagree what you stated. See notes in Dates of Filing section of EB - "The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions "

[altek001]

I have an EB2-I petition and my PD is within the dates of filing of May-2011 and current by this bulletin. I haven't received the fee bill from NVC yet to commence visa processing.

Has anyone received notification from NVC on fee bill, if your dates have been qualified by filing dates this month?

If not, how long does it usually take for NVC to notify applicants after the visa bulletin is issued? Thanks in advance.

Gurus-- Can anyone take a look into this query and please respond?. Thanks

[Kesid23]

My date is current for filing in EB2 I for October.
I am a first time filer for AOS.
I am working with the same company who filed my I 140.
Do I need to fill and submit the Supplement J when I am filing the 485?
Thank you.

[dus_saal_baad]

Gentle folks,

My PD is current (EB2 Aug 2009) and I-485 already filed as I am currently on EAD. What is next step for me? Fingerprint was done back in 2012. Thanks in advance.

[incredible]

Gentle folks,

My PD is current (EB2 Aug 2009) and I-485 already filed as I am currently on EAD. What is next step for me? Fingerprint was done back in 2012. Thanks in advance.

If you had not received RFE, I guess nothing and wait. You can also raise SR or reach out to congressman (after couple of months) if nothing happens by then.

[srimurthy]

If you had not received RFE, I guess nothing and wait. You can also raise SR or reach out to congressman (after couple of months) if nothing happens by then.
Medicals question - do we will and get a I693 form signed for minor dependents too?
My HR is saying no need and just getting the vaccination records from Pediatrics is sufficient. And from the Websites it looks like we have to and parents need to sign if they are below 14 and kids signs if they are 14 and above.
I did reserve an appointment with the general physician. And the Pediatrics office said bring the 693 form and we will get it completed even if they were not listed in the USCIS approved General Physicians for signing 693.

Can someone throw light?

[nbk1976]

Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.

Did you ever file Supplement J? Did you receive any RFEs asking for one.