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LeoAugust
03-05-2021, 12:23 PM
I don't know when you had sent the L2 EAD renewal paperwork. A lot of H4 EAD folks have filed for EAD or renewal and are waiting for 6+ months. So it would be very difficult to convince USCIS to expedite (and a ton of recent I485 applicants). I would say a typical EAD renewal now-a-days takes 3 to 6 months. You can look at trackitt to get an idea of who recently got approved.

As your husband is facing "economic loss" and potential "loss of job", your best bet would be to go through your local congressman / senator. Pick only one person and don't go to multiple congressman at the same time. Present your case to the congress staff that you are facing a difficult situation and ask for their help. If they are convinced enough, they will pull the strings for you. Present family hardship, loss of health insurance, No DL so cant' drive cant get food or any angle to convince the congressional staff. But make sure that you have something to back it up, if they ask for proof.

I am sorry that you have to face this situation. The US immigration is like a massive aircraft carrier. It takes a lot of effort to keep on things on track, but once you build the momentum things will run smooth.

Added: Lesson's learned. I would advice everyone to look at the EAD Template Renewal Thread and setup timely 6 month and 7 month reminders before EAD expires. I assure you that if you delay renewal, you will be stressed and praying for a miracle. Why go through it, when you can prevent that situation by sending renewal timely. That's my wisdom based on past EAD renewal experiences.

We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...

idliman
03-05-2021, 12:49 PM
We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...
I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

LeoAugust
03-05-2021, 01:29 PM
I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

bluelabel
03-05-2021, 01:45 PM
Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.

AceMan
03-05-2021, 02:04 PM
Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

LeoAugust
03-05-2021, 02:32 PM
It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

Thanks for your kind words... Let your words comes true... (/\)
Sometimes I feel her career messed up coz of me. As you said... this time too will pass

idliman
03-05-2021, 02:39 PM
Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.
Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

qesehmk
03-05-2021, 02:39 PM
even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

My personal experience is 100% positive. Absolutely wonderful. Democrats and republicans both alike. America is great my friends. I say it from the bottom of my heart. Reach out to your representatives. Be respectful, be brief and to the point and be reasonable. You will see what makes this country great first hand.

shekhar_kuruk
03-05-2021, 02:56 PM
Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.
That should be okay, the company does not want to disclose it. N/A should be fine.

2011Feb
03-05-2021, 03:51 PM
Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

cancer24
03-05-2021, 04:18 PM
354 days and counting for both H4 and H4 EAD. Fingerprinting was done only last week.

srimurthy
03-05-2021, 04:44 PM
Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.

Noesis
03-05-2021, 04:48 PM
Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Same, Applied H4 (COS) and H4EAD in May 2020, Nebraska, still not approved, not even fingerprinting. Calls, SRs, Emails, D/L expiring in a week; Nothing helped. Applied for AOS and cannot wait to receive the EAD and be done with this.

AceMan
03-05-2021, 04:56 PM
Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.


Even my spouse was lucky to get a good break like yours back then. It is really a sick joke for USCIS to send h4 EAD with past date while following the inhumane and cruel practice of making people to go through these unwanted stressful situations.

My co-worker's wife and a family member had to leave the job without a valid H1. Both of them got their H4EAD a week after they left the jobs with the original continuation dates from the previous H4EAD. Both of them are yet to get back to the workforce with their matching skills.

ak7419
03-05-2021, 05:32 PM
Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?

maverick2010
03-05-2021, 05:58 PM
Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!

idliman
03-05-2021, 06:00 PM
@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?
As I-485 Supp J is part of the larger I-485 application, I think you would submit it to the same address that you had originally sent the I-485. Definitely write a cover letter explaining what you are submitting.

idliman
03-05-2021, 06:16 PM
Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!
You have every right to fire / change your immigration attorney at any time. However, you need to inform USCIS of change. The new attorney will file a G-28 form and the status will show as "Name was Updated" after USCIS accepts it.

Will a change of attorney really help you? That's a different question. Usually attorneys work with the company and before companies share anything they have some sort of agreement covering both of them (such as NDA). So once you switch, it may make things difficult from the company side to get support. To downgrade or "interfile" or "change of underlying basis", you need access to I-140 and PERM job description. Another option is to file another "I-140" for EB3, keeping EB2 "I-140" intact. Think carefully, understand the whole process, understand what underlying documents you need and then switch.

Edit: I forgot the elephant in the room. To downgrade or not depends on your PD and some anticipation of future PD movement. Kindly put the PD or Service Center or your status in your signature. That will help the experts here to answer your downgrade question.

idliman
03-05-2021, 08:07 PM
Lately, I have seen numerous posts with extremely long wait times. Q has a dedicated thread for congressional inquiry under I-485. That thread is not very active and most of the info there is dated around 2012 / 2014. I wanted to pass on my experience's to fellow backlogger's and have posted it under I-765. I had used this process to get a resolution for my pending EAD/AP a couple of times. If you are thinking of availing congressional inquiry, take your time to go through the following thread.

Overview of Congressman / Senator Inquiry Process (https://www.qesehmk.org/forums/showthread.php/2945-Overview-of-Congressman-Senator-Inquiry-Process)

Good luck everyone.

Dallas111
03-06-2021, 12:06 PM
Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.

Moveon
03-06-2021, 12:31 PM
Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.


while Predicting the GC time is speculation , you should get it this fiscal . Some say its given on the basis of the PD , some argue its on the basis of the RFE response receipt date etc. If you are lucky probably by April end .

About the financials you have mentioned . They have no bearing on the GC. You can proceed with your plans and if you have any questions on taxation of India income you should contact a CPA . What you are doing is totally legal as long as you pay the taxes .
Best of luck

Moveon
03-06-2021, 05:29 PM
There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters :)

Q , I am not sure on these points. From what I understand anyone passing the "Substantial Presence Test" has to pay taxes on all income dometic or foreign . The IRS website seems to say so . Greencard holders and Citizens are treated at par for all tax purposes no diff . So if you have a GC and get permission to stay out of the country for 2 years , you will pay federal taxes for your income earned abroad. if there is a dual tax treaty then you will only pay the diff. Eg: Yiu are a GC holder in India and make a profit of 10K USD on some Mutual Fund and the Indian Govt only taxed you 5% while the US taxes 15%. You will pay India 5% and the US 10%. My friends have done this .

When it comes to taxes you are treated at par with with a US citizen the moment you pass the "Substantial Presence Test" . But for everything else you are a 3rd grade Alien. The Sad reality of legal immigration in the US.


https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status
https://www.irs.gov/individuals/international-taxpayers/classification-of-taxpayers-for-us-tax-purposes

Even when you return to India for good on HIB for that year you will need to pay US taxes
https://www.irs.gov/individuals/international-taxpayers/taxation-of-dual-status-aliens

No escape from Taxes . You might die without a GC after 50 years but they will take every penny due as if you are a citizen.

srisri
03-06-2021, 05:59 PM
There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters :)

Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

H1b2006
03-07-2021, 08:15 AM
GUYS when i input my receipt notice SRC-XX-YYY-ZZZZZ of my approved I-140 it says below error message. iam not sure if my I-140 is active, or revoked by my WITCH employer and what does below error message mean?
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283.

qesehmk
03-07-2021, 08:27 AM
Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

Both - I always suspected if I have gone senile and you both confirmed it!

You are correct about tax treatment between resident and citizen. I totally confused something else with GC holder vs Citizen. I think I will delete my original post lest somebody reads it and does something wrong :)

android09
03-07-2021, 08:43 AM
GUYS when i input my receipt notice SRC-XX-YYY-ZZZZZ of my approved I-140 it says below error message. iam not sure if my I-140 is active, or revoked by my WITCH employer and what does below error message mean?
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283.

Try putting it without the dashes as SRCXXYYYZZZZZ

H1b2006
03-07-2021, 08:56 AM
Try putting it without the dashes as SRCXXYYYZZZZZ

Tried it without dashes too.

Raised ticket i will call uscis monday

Will emma able to give the status

mesan123
03-07-2021, 09:36 AM
One of Telegram group i follow, a person with May 2011 EB2 got RFE for medicals & 944... hoping it to be good sign and 2011 people (both EB2 & EB3)be greened this year with the available visas

idliman
03-07-2021, 11:12 AM
One of Telegram group i follow, a person with May 2011 EB2 got RFE for medicals & 944... hoping it to be good sign and 2011 people (both EB2 & EB3)be greened this year with the available visas
Mesan, Kindly pay attention to whether it is TSC or NSC. It looks like NSC is zooming ahead, sending RFEs and approving GCs. If your application happens to be in NSC, rest assured that you will get GC this year once PD is current.

I don't understand what's going on with TSC. Even before the recent weather event, their processing and approval speeds are slow. Are they understaffed for their workload or mismanaged? In the last year DT admin converted a few political appointees to permanent career positions. I sincerely wish one of the anti-immigrant admin is NOT siting as a Ninja and pulling the strings in TSC. Everyone's wish is that there should be some method to madness at USCIS. They should prioritize applications based on either Received Date or Priority Date.

Sorry to show my frustrations on you this fine Sunday morning.

maverick2010
03-07-2021, 07:45 PM
You have every right to fire / change your immigration attorney at any time. However, you need to inform USCIS of change. The new attorney will file a G-28 form and the status will show as "Name was Updated" after USCIS accepts it.

Will a change of attorney really help you? That's a different question. Usually attorneys work with the company and before companies share anything they have some sort of agreement covering both of them (such as NDA). So once you switch, it may make things difficult from the company side to get support. To downgrade or "interfile" or "change of underlying basis", you need access to I-140 and PERM job description. Another option is to file another "I-140" for EB3, keeping EB2 "I-140" intact. Think carefully, understand the whole process, understand what underlying documents you need and then switch.

Edit: I forgot the elephant in the room. To downgrade or not depends on your PD and some anticipation of future PD movement. Kindly put the PD or Service Center or your status in your signature. That will help the experts here to answer your downgrade question.

Thanks Idliman! that was helpful. I'll make sure I enter my details every time when I post here on.

My Details- EB2 India - Sep 2010. Came to US in 2001 to do Masters - Journey is still going on...

mesan123
03-07-2021, 08:43 PM
Mesan, Kindly pay attention to whether it is TSC or NSC. It looks like NSC is zooming ahead, sending RFEs and approving GCs. If your application happens to be in NSC, rest assured that you will get GC this year once PD is current.

I don't understand what's going on with TSC. Even before the recent weather event, their processing and approval speeds are slow. Are they understaffed for their workload or mismanaged? In the last year DT admin converted a few political appointees to permanent career positions. I sincerely wish one of the anti-immigrant admin is NOT siting as a Ninja and pulling the strings in TSC. Everyone's wish is that there should be some method to madness at USCIS. They should prioritize applications based on either Received Date or Priority Date.

Sorry to show my frustrations on you this fine Sunday morning. No worries... that is good to know. Mine is MSC ... where i fall? ��

maverick2010
03-07-2021, 09:12 PM
The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

srimurthy
03-07-2021, 11:30 PM
The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

You do not have to send the affidavits until an RFE is raised. But you can still get them done and they are valid based on the expiry date of the Notary attesting, usually 5 years in India. But there are some cases where they are valid with end date. And looking at the COIVD scenario, it may make sense to get the affidavits prepared and keep them ready. Also there is a separate thread on the content and details of an affidavit on the forum.

jimmys
03-08-2021, 12:53 AM
The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

I had the same problem but the USCIS never issued any RFE for me. When I asked my lawyer, he responded in many cases USCIS accepts the late registered birth certificate from India. If I were you I wouldn't fret much.

incredible
03-08-2021, 08:06 AM
Number crunching done by a trackitt user (ABar15). An interesting read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2172664231/spillover-visa-numbers-caveats-bottlen/page/last_page. Copy pasted here below.

Spillover Visa Numbers: Caveats & Bottlenecks
Sources:
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

260,000 spillover visas from 2020:
Category Allotted visa
EB1 74932
EB2 74932
EB3 74932
EB4 18602
EB5 18602

2018 2019* 2020** 2021** Total
EB1 India 7,523; 7,181; 7,000; 7000; =28704
China 4,525; 2,689; 3,689; 3,500; =14403

EB2 India (2009-21) 6,674; 15,313; 22,286; 22,311; 21,440; 25,634; 32,702; 49,054; 42,359; 40,317; 44,000; 44,000; 44,000; =410090
China (2016-21) 7,472; 6,289; 8,036; 10,000; 10,000; 10,000; =51797

EB3 India (2010-21) 6,682; 6,929; 4,110; 3,455; 3,878; 6,451; 10,179; 8,868; 8,279; 10,905; 11,000 11,000; =91736
China (2017-21) 4,412; 4,200; 3,722; 3,500; 3,500; =19334

*2019 projection based on the pending cases
** 2020 & 2021 projections based on the 2016-2019 trend
=Total.

Observations:
Total approved EB1 I-140s for India=28000 & China=14500
EB1 vertical spillover to EB2 => 75,000
Visa numbers available to EB2=> 75000 + 32500 = 107,500
Total approved EB2 I-140s for China (up to 2020) = 41,500
EB2 Visas available to India => 107,500 - 41,500 = 65,500
Total approved EB2 I-140s (India) from 2009-2013 = 88,000; However, 20% of the approved visas might have upgraded to EB1 or downgraded to EB3. Therefore, active EB2 I-40s could be around 70,000.
If 1/3 of EB2 from 2013 to 2015 are downgraded to EB3, the number of downgrades would come around 25,000.
Total approved EB3 I-140s (India) from 2010-2016 = 41,500 & Downgrade from EB2 to EB3 = 25,000
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.
Bottleneck:
There are only 150 working days are left for USCIS in this year to process almost 260,000 visas. It means USCIS has to issue approximately 1750 visas every working day. It would be a daunting task for USCIS.
Caveats:
1. I am not sure about the USCIS policy about how it will distribute the 260,000 visas between India and China. In other words, would USCIS push India EB2 more aggressively over China?
2. I am not sure about how much El Salvador and Mexico would use the EB4 and EB5 visas. If any visas left in EB4 and EB5 will also undergo vertical spillover to add to the EB2.
3. The 7% visa quote from the current year still applicable to India and China. So, the visas from the current year also helps to move the EB2 and EB3 a little further.

Zenzone
03-08-2021, 09:56 AM
Number crunching done by a trackitt user (ABar15). An interesting read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2172664231/spillover-visa-numbers-caveats-bottlen/page/last_page. Copy pasted here below.

Spillover Visa Numbers: Caveats & Bottlenecks
Sources:
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

260,000 spillover visas from 2020:
Category Allotted visa
EB1 74932
EB2 74932
EB3 74932
EB4 18602
EB5 18602

2018 2019* 2020** 2021** Total
EB1 India 7,523; 7,181; 7,000; 7000; =28704
China 4,525; 2,689; 3,689; 3,500; =14403

EB2 India (2009-21) 6,674; 15,313; 22,286; 22,311; 21,440; 25,634; 32,702; 49,054; 42,359; 40,317; 44,000; 44,000; 44,000; =410090
China (2016-21) 7,472; 6,289; 8,036; 10,000; 10,000; 10,000; =51797

EB3 India (2010-21) 6,682; 6,929; 4,110; 3,455; 3,878; 6,451; 10,179; 8,868; 8,279; 10,905; 11,000 11,000; =91736
China (2017-21) 4,412; 4,200; 3,722; 3,500; 3,500; =19334

*2019 projection based on the pending cases
** 2020 & 2021 projections based on the 2016-2019 trend
=Total.

Observations:
Total approved EB1 I-140s for India=28000 & China=14500
EB1 vertical spillover to EB2 => 75,000
Visa numbers available to EB2=> 75000 + 32500 = 107,500
Total approved EB2 I-140s for China (up to 2020) = 41,500
EB2 Visas available to India => 107,500 - 41,500 = 65,500
Total approved EB2 I-140s (India) from 2009-2013 = 88,000; However, 20% of the approved visas might have upgraded to EB1 or downgraded to EB3. Therefore, active EB2 I-40s could be around 70,000.
If 1/3 of EB2 from 2013 to 2015 are downgraded to EB3, the number of downgrades would come around 25,000.
Total approved EB3 I-140s (India) from 2010-2016 = 41,500 & Downgrade from EB2 to EB3 = 25,000
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.
Bottleneck:
There are only 150 working days are left for USCIS in this year to process almost 260,000 visas. It means USCIS has to issue approximately 1750 visas every working day. It would be a daunting task for USCIS.
Caveats:
1. I am not sure about the USCIS policy about how it will distribute the 260,000 visas between India and China. In other words, would USCIS push India EB2 more aggressively over China?
2. I am not sure about how much El Salvador and Mexico would use the EB4 and EB5 visas. If any visas left in EB4 and EB5 will also undergo vertical spillover to add to the EB2.
3. The 7% visa quote from the current year still applicable to India and China. So, the visas from the current year also helps to move the EB2 and EB3 a little further.

Good one. But where is the multiplier applied to the pending numbers. Am I missing it?

vsivarama
03-08-2021, 09:57 AM
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.


Unfortunately the math is all wrong for the following reasons.

i) EB1/EB2/EB3 is not just for India and China. I did not see ROW included in the calculations.
ii) China will NOT get more than 7% of available visas as India is the most backlogged country (in EB2/EB3).
iii) No of approved i140s is NOT EQUAL TO No of AOS applications. Most likely number of AOS applications = 2 X Approved i140s.

AceMan
03-08-2021, 11:35 AM
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.

I would love to see this kind of movement. But not happening.

bones20
03-08-2021, 02:38 PM
As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

thank you!

Noesis
03-08-2021, 03:12 PM
Finally got the checks cashed today morning. Never felt this happy after someone took the money :)
Hopefully receipt numbers would follow soon, if not, then Hello Emma.!
Nothing on the H4 and H4 EAD though, still pending with the same status after multiple Inquiries, follow ups, SRs, calls, Chat.

Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?

Zenzone
03-08-2021, 04:23 PM
Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?

The fact that you got all your receipts means that you should be good as far as forms being in general good order. Also, even if you didn't share the A-Number, I suppose the supporting documents you may have provided for your spouse's legal stay in the US will usually have that information printed on them. For example, all I-797 notices do have the beneficiary's A-Number in them.

Noesis
03-08-2021, 04:50 PM
The fact that you got all your receipts means that you should be good as far as forms being in general good order. Also, even if you didn't share the A-Number, I suppose the supporting documents you may have provided for your spouse's legal stay in the US will usually have that information printed on them. For example, all I-797 notices do have the beneficiary's A-Number in them.

Thank you much.

idliman
03-08-2021, 07:14 PM
Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?
You are lucky that it went to Nebraska. They are much faster with processing (when compared to TSC) and promptly send out RFEs for I-693 once they expire. A# or Alien Number is the equivalent of SSN for USCIS. It has to be different for all applicants.

Was your "Received Date" printed correctly in receipt notices?

newsletter1978
03-08-2021, 08:22 PM
I applied 1485 on Oct 29. The receipt notice has MSC.. My wife got biometrics and got her EAD and advance parole. I got current in March bulletin but have not received biometrics appointment so far. Somehoe they processed my wife's and mine seperately. anyone on same boat?

Noesis
03-08-2021, 08:38 PM
You are lucky that it went to Nebraska. They are much faster with processing (when compared to TSC) and promptly send out RFEs for I-693 once they expire. A# or Alien Number is the equivalent of SSN for USCIS. It has to be different for all applicants.

Was your "Received Date" printed correctly in receipt notices?

Got it. Thank you Idliman; much appreciated. Fingers Crossed. :)

Yes, Received Dates are printed correctly in all the receipt notices.

bikenlalan
03-09-2021, 11:25 AM
With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

ak7419
03-09-2021, 11:37 AM
With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

I am not sure on how they are issuing RFEs - I guess it depends on the service center. I am one of those with PD Sep 2009 who is current since November but have not received any RFE. I don't even know if my case is being handled by NSC or TSC - I just gave up at this point.

iamdeb
03-09-2021, 12:14 PM
With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

AceMan
03-09-2021, 12:46 PM
With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

I personally know one person got an RFE for I-693. One or 2 requests do not quantify or enable us to conclude that we have an year as forward movement. Unless we have a big flow of RFE requests like what was seen for early 2010 couple of months back, I will be skeptical. It is already 9th of March and the RFE's should have flown in last week.

mr00us
03-09-2021, 12:58 PM
can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf

bikenlalan
03-09-2021, 02:45 PM
can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

The predictions are not for the upcoming month but by the end of the FY (Sep 2021).

LeoAugust
03-09-2021, 03:01 PM
--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf

34K i140 downgraded from Eb2-EB3(includes 2011/2012/2013/2014) from Oct-Dec 2020. In your calculation downgrades comes to 34k or less...

1312011_eb2I
03-09-2021, 03:04 PM
If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

bikenlalan
03-09-2021, 03:12 PM
If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

RN Law are one of the thugs in the litigation arena, I would not trust them to sue USCIS in good faith of the EB immigrants. Even if they do, it won't get them anything as USCIS can always use COVID as a reason to thwart the litigation.
Also, keep in mind the Siskind litigation back in 2015, it got nowhere.

mr00us
03-09-2021, 03:58 PM
34K i140 downgraded from Eb2-EB3(includes 2011/2012/2013/2014) from Oct-Dec 2020. In your calculation downgrades comes to 34k or less...

Actually I have way too much than 34K for 2009-2014. If it makes any sense, anything down-ported after 2011 won't make much difference for FY2021, which is why I have split the down-port for 2011 in 3 sections (20, 25 and 30%). And these are just guesses. If you have actual data of down-porting by the year, please let me know and I can finetune my calculations.

As such these are things to make me feel better. At the end of the day, USCIS may waste a lot of these numbers and we will be held holding the bag anyways. :-)

1312011_eb2I
03-09-2021, 04:07 PM
Hmm. Sisk is more about FB and DV. I think RandN do good job when it comes to EB , he does YouTubeing multiple times in a week to keep us updated.

Djidondon
03-09-2021, 04:12 PM
Hi Gurus

Could anyone of you please direct me to the rabbit hole on how to predict spillovers for EB category ( EB3i or EB2i ) for fy2022

Turbulent_Dragonfly
03-09-2021, 04:14 PM
If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

USCIS not issuing EAD is just a sign that they like to just take our money and not give timely service in return. They should have been named US Citizenship and Immigration Blackhole.

LeoAugust
03-09-2021, 04:25 PM
Actually I have way too much than 34K for 2009-2014. If it makes any sense, anything down-ported after 2011 won't make much difference for FY2021, which is why I have split the down-port for 2011 in 3 sections (20, 25 and 30%). And these are just guesses. If you have actual data of down-porting by the year, please let me know and I can finetune my calculations.

As such these are things to make me feel better. At the end of the day, USCIS may waste a lot of these numbers and we will be held holding the bag anyways. :-)

Year wise we don't have. But total downgrade we were tracking from the feed. And it comes around 34K.

LeoAugust
03-09-2021, 05:45 PM
Hi Gurus, One query... For Bio reuse for 765, will the FP be taken later during EAD renewal or when the primary becomes current, they will taken the final FP for 485?
Thanks

rabp77
03-09-2021, 06:02 PM
Hi Gurus, One query... For Bio reuse for 765, will the FP be taken later during EAD renewal or when the primary becomes current, they will taken the final FP for 485?
Thanks

USCIS assumes finger print validity to be 15 months for any background checks (https://www.uscis.gov/adoption/suitability-and-home-study-information/background-checks). I did not have to redo fingerprints during EAD extension. But i dont have much data on this, so there may be a chance USCIS could request a fingerprint a second time for EAD extensions, but i have not seen this happen in the limited data i have for this.

vsivarama
03-09-2021, 06:29 PM
The public charge rule has been stopped by a Chicago judge. Hope it stays that way. The i944 forms filed by us are now useless. Technically this is should speed up the processing for USCIS while adjudicating i485. Hope the interviews remain sidelined as well.

LeoAugust
03-09-2021, 06:39 PM
USCIS assumes finger print validity to be 15 months for any background checks (https://www.uscis.gov/adoption/suitability-and-home-study-information/background-checks). I did not have to redo fingerprints during EAD extension. But i dont have much data on this, so there may be a chance USCIS could request a fingerprint a second time for EAD extensions, but i have not seen this happen in the limited data i have for this.

Thanks. In case of my friends who have EAD, they never go for FP for their EAD extension. But some of them when current going for FP for 485. That's the understanding I am getting and for 765, I dont this FP is required. when they are reusing FP it seems for EAD/AP it is not required.

calking1975
03-10-2021, 01:07 AM
Hi experts,
Need your advice, I am following this website for a long time.
Here is my situation.
My PD is 06/25/2010 (EB2-I), I survived few layoffs and changed 3 employers in last 13 years, still no end to GC journey.
We filed I-485, EAD/AP on 10/20/2020, my I-1485 application is accepted with FP fee received date 11/20/2020.
My spouse and kid's applications rejected, due to missing information, refiled for family on 12/22/2020.
My employer lost contract with client, they have 7 months for transition till, (till Sept'2021).
My current H1B is expiring in Dec'21.
I still didn't get EAD, no finger print appointment yet, hoping to get 2-3 months.
My client is fine with me, so my options are
1. Continue with current employer till Sept, hopefully I get EAD mean time, so I can change employer using EAD (AC21), in this case I may not have H1b.
2. Change to other employer/vendor now with H1b transfer.

What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

I know so many questions, appreciate your suggestions.

Thanks.

drop2ocean
03-10-2021, 07:43 AM
My wife has lost H4 EAD. Is there a way she can accept new employment while waiting for a replacement ? I hear it could take 4-8 months for the new one to come in.

We have applied for 1485 based EAD in Oct 2020 as well. Hoping that would come along soon.

incredible
03-10-2021, 08:11 AM
Hi experts,
Need your advice, I am following this website for a long time.
Here is my situation.
My PD is 06/25/2010 (EB2-I), I survived few layoffs and changed 3 employers in last 13 years, still no end to GC journey.
We filed I-485, EAD/AP on 10/20/2020, my I-1485 application is accepted with FP fee received date 11/20/2020.
My spouse and kid's applications rejected, due to missing information, refiled for family on 12/22/2020.
My employer lost contract with client, they have 7 months for transition till, (till Sept'2021).
My current H1B is expiring in Dec'21.
I still didn't get EAD, no finger print appointment yet, hoping to get 2-3 months.
My client is fine with me, so my options are
1. Continue with current employer till Sept, hopefully I get EAD mean time, so I can change employer using EAD (AC21), in this case I may not have H1b.
2. Change to other employer/vendor now with H1b transfer.

What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

I know so many questions, appreciate your suggestions.

Thanks.

The chances in-general of 485 denial are low as long as all the general things are in order. It is the same which would deny primary H1 itself. That being said, your PD is not yet current for FAD. You may need to give it at-least 3 months or so of it being current to get greened. It may be possible that you may get greened by September, but also it may go to next year (Oct onwards). The one silver lining probably could be once it becomes current, it could stay current for long time (with spill overs etc.), so it may be greened any time after that. The first hope for you is to get the EAD. But you should not wait for it and initiate H1b with your employer and can discuss with them that you will join them after approval of H1b. Itself may take few months and you can continue to work with your company during that time and at the same time hoping for EAD. Both 1 and 2 can be in parallel for you. Neither has to be preferred than the other at least for the time being. Depending on which one comes first, you can take a call on that later. Other experts may weigh in here. Good luck.

incredible
03-10-2021, 08:17 AM
The chances in-general of 485 denial are low as long as all the general things are in order. It is the same which would deny primary H1 itself. That being said, your PD is not yet current for FAD. You may need to give it at-least 3 months or so of it being current to get greened. It may be possible that you may get greened by September, but also it may go to next year (Oct onwards). The one silver lining probably could be once it becomes current, it could stay current for long time (with spill overs etc.), so it may be greened any time after that. The first hope for you is to get the EAD. But you should not wait for it and initiate H1b with your employer and can discuss with them that you will join them after approval of H1b. Itself may take few months and you can continue to work with your company during that time and at the same time hoping for EAD. Both 1 and 2 can be in parallel for you. Neither has to be preferred than the other at least for the time being. Depending on which one comes first, you can take a call on that later. Other experts may weigh in here. Good luck.

Just to clarify, when it was mentioned about #1 and #2 being parallel. You can ask your client to file for H1B without changing right away and inform that you will join them when either of the things happens (either EAD arrival and/or H1 approval). A

H1b2006
03-10-2021, 08:40 AM
Hi guys received PWD after 6months, my new employer is doing recruitment now, for filing perm next month. SOC CODE i have in 2011 no longer exists, what precautions do i need to take to take a SOC which is similar to old SOC code and job duties and designation so that i will not face problems for 485 Supplement J later on.if i make sure job duties in 2011 soc code are inline in my recruitment is thast good enough

AceMan
03-10-2021, 09:07 AM
Hi guys received PWD after 6months, my new employer is doing recruitment now, for filing perm next month. SOC CODE i have in 2011 no longer exists, what precautions do i need to take to take a SOC which is similar to old SOC code and job duties and designation so that i will not face problems for 485 Supplement J later on.if i make sure job duties in 2011 soc code are inline in my recruitment is thast good enough

I had my SOC Code 15-1132 used before and when I submitted 485 J in October, the number was 1133. I did not ask the attorney yet, but based on past information, I see no issues.

H1b2006
03-10-2021, 09:45 AM
how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

3nov10
03-10-2021, 10:36 AM
I had my SOC Code 15-1132 used before and when I submitted 485 J in October, the number was 1133. I did not ask the attorney yet, but based on past information, I see no issues.

Ace, my new employer also applied a new perm for me (July 2020 - not approved yet).
I always thought this is a new perm for a new job. Why does it need to be in-line with the old SOC code. Does it have implications on porting the date when we apply I-140?

vsivarama
03-10-2021, 11:12 AM
What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

Thanks.

Most of the i485 denial cases are because the underlying i-140 was denied. There are very few i485 denials after i140 is approved and usually the reasons have to be pretty egregious like fraud or felony. So it's pretty safe to switch over to EAD. Your chances of getting GC are pretty good this FY. But you need not be in a hurry, since the petition for your spouse and kid were filed a couple of months later. Their applications are potentially running behind your application.

incredible
03-10-2021, 11:17 AM
how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

I think these things are based on experience of previous filings. Asking for a 100% confidence in forum is not right. Please go through the details under the relevant labor codes at bls.gov and make your own judgement. Here are some details

https://www.bls.gov/oes/2017/may/oes151132.htm
https://www.bls.gov/oes/2017/may/oes151133.htm


The way I did it in the past is suggested this to my attorney and then asked for guidance and went ahead and filed for Supplement J and it was approved.

H1b2006
03-10-2021, 01:48 PM
Ace, my new employer also applied a new perm for me (July 2020 - not approved yet).
I always thought this is a new perm for a new job. Why does it need to be in-line with the old SOC code. Does it have implications on porting the date when we apply I-140?

I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job

inspired_p
03-10-2021, 02:06 PM
I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job

This absolutely does not make sense and is wrong IMHO.
Every job is evaluated on its own merit, and porting of priority date does not have anything to do with job descriptions.

The Job matching is required only during I-485J as the new employer is not going through the PERM and I-140 again for the job but basically stating that old perm and I-140 should be still valid.

Transformer
03-10-2021, 02:19 PM
I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job
I believe what he said was it has to be same or similar job for 485J not for porting priority date from one employer to other. He was right in that aspect.

calking1975
03-10-2021, 03:03 PM
Most of the i485 denial cases are because the underlying i-140 was denied. There are very few i485 denials after i140 is approved and usually the reasons have to be pretty egregious like fraud or felony. So it's pretty safe to switch over to EAD. Your chances of getting GC are pretty good this FY. But you need not be in a hurry, since the petition for your spouse and kid were filed a couple of months later. Their applications are potentially running behind your application.

Thank you @vsivarama and @incredible for your suggestions, it helps a lot.

inspired_p
03-10-2021, 03:05 PM
--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf



* Provided USCIS does not waste any visas



We can guarantee visas will be wasted.. how many is the question. And if visa wastage is taken into account, EB3 will be more favorable I would guess and the dates would move forward more rapidly but applications will be processed randomly ( later PDs getting greened)

AceMan
03-10-2021, 03:13 PM
how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

I looked up the form and see the following language inside.

The original ETA form has SOC Code 15-1051. This code is no longer in use, and the correct code is 15-1121

3nov10
03-10-2021, 04:18 PM
This absolutely does not make sense and is wrong IMHO.
Every job is evaluated on its own merit, and porting of priority date does not have anything to do with job descriptions.

The Job matching is required only during I-485J as the new employer is not going through the PERM and I-140 again for the job but basically stating that old perm and I-140 should be still valid.

That's what I understood. But discussions here confused me a bit.

In my case, I was not able to file I-485 in Oct, because the perm from my new employer was not approved.

Even after waiting for more than a quarter of my life. I decided not to go back to old employer because I left that place for right reasons (career growth). I am not sure if I made the correct decision. If I had gone back, by now, I could have atleast be in TriShanku Swarga .

I will have to make another decision on EB2 or EB3 (hopefully soon.) I want to do that one right.

inspired_p
03-10-2021, 04:25 PM
That's what I understood. But discussions here confused me a bit.

In my case, I was not able to file I-485 in Oct, because the perm from my new employer was not approved.

Even after waiting for more than a quarter of my life. I decided not to go back to old employer because I left that place for right reasons (career growth). I am not sure if I made the correct decision. If I had gone back, by now, I could have atleast be in TriShanku Swarga .

I will have to make another decision on EB2 or EB3 (hopefully soon.) I want to do that one right.

I get you, I was exactly in the same position last oct 2020, but lady luck smiled on me , my PERM for the new employment got approved in Sept 2020 , and I was able to apply I-140 and I-485 concurrently in Oct 2020.I also had an option to file in EB2 or EB3 as PERM job description and my qualifications support an EB2 application, and For what's it worth, I have opted for EB3 . We will soon know if my decision made sense, as I could have got the Trishangu status in either category.
We can only hope for the best
All the best and hope you make the correct decision. Our PDs are only few days apart actually.

GCkaLADDU
03-10-2021, 04:56 PM
Does anyone know how USCIS processes EAD/AP cases filed separately after i-485 filing?

Filed my AOS application in early November last year and EAD/AP around end of Jan after getting the AOS receipt notice. Got the EAD/AP application receipts last week (starting with IOE and NBC as processing location). I got my Biometrics appointment scheduled in next couple of weeks and the appointment letter only shows i-485.

Little fuzzy on how they'll apply biometrics for EAD/AP (if at all required). Not sure if I am looking at any additional delays in EAD/AP approvals :(

3nov10
03-10-2021, 05:01 PM
I get you, I was exactly in the same position last oct 2020, but lady luck smiled on me , my PERM for the new employment got approved in Sept 2020 , and I was able to apply I-140 and I-485 concurrently in Oct 2020.I also had an option to file in EB2 or EB3 as PERM job description and my qualifications support an EB2 application, and For what's it worth, I have opted for EB3 . We will soon know if my decision made sense, as I could have got the Trishangu status in either category.
We can only hope for the best
All the best and hope you make the correct decision. Our PDs are only few days apart actually.

Congratulations on getting EAD. Hopefully we will be celebrating getting a better card soon :).

drop2ocean
03-10-2021, 05:05 PM
PD 6/15/2010 EB3(I)
I485 filed on Oct 29th 2020.

would it be too optimistic to expect a GC this year ?

gcracer
03-10-2021, 05:20 PM
PD 6/15/2010 EB3(I)
I485 filed on Oct 29th 2020.

would it be too optimistic to expect a GC this year ?


Your date is current. You should get it in next 2-3 months.

mesimba
03-10-2021, 05:21 PM
Folks,

I have been a silent member on this forum...and have benefitted immensely from this forum and all the expert advice from the experts here... Q, AceMan, Idliman just to name a few.

My journey in this country started almost 17 years back, with a couple of times on the verge of leaving everything behind and going back to my home country.

I had my share of very highs getting multiple promotions but then to lose it all due to the company shutting shop and coming back to square one. Some personal tragedies/trials/ tribulations and opportunities by passed, if I would have had the GC the life trajectory could have been very different.

But no complains... I am extremely happy that this is the way it had to happen. In the process I learnt a lot not just about this process but more so about my own self.

Today we got the card approval for myself and spouse.

Looking for a new life post GC and ability to work and innovate fearlessly while contributing to this country and my own growth as an individual.

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.

Good luck to all... may everyone get greened soon!!!

My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

Moveon
03-10-2021, 05:22 PM
PD 6/15/2010 EB3(I)
I485 filed on Oct 29th 2020.

would it be too optimistic to expect a GC this year ?

You should get it this fiscal . The USCIS will start to issue GCs as the current administration wants to show that they can deliver .
Best of luck

idliman
03-10-2021, 05:32 PM
Does anyone know how USCIS processes EAD/AP cases filed separately after i-485 filing?

Filed my AOS application in early November last year and EAD/AP around end of Jan after getting the AOS receipt notice. Got the EAD/AP application receipts last week (starting with IOE and NBC as processing location). I got my Biometrics appointment scheduled in next couple of weeks and the appointment letter only shows i-485.

Little fuzzy on how they'll apply biometrics for EAD/AP (if at all required). Not sure if I am looking at any additional delays in EAD/AP approvals :(
If you had applied for I485 and I765 concurretly, the ASC Appointment Notice should state Case type as "I485 I765". As you have applied for EAD/AP separately, maybe by the time the ASC notice was generated the system did not find I765. Just guessing. For I765 based on "Pending I485 / AOS", a biometric / fingerprinting is mandatory first time. They do it to clear your FBI and agencies background. Recently they have started using existing fingerprints and such (during pandemic) and things are very muddy. I cannot find clear expalanation from USCIS when a new fingerprinting is mandatory vs reuse.

For EAD/AP to be approved, all they need is the copy of your I485 receipt notice. Once you show that and prove your identity AOS based EAD/AP will be approved without any issues.

Reg IOE Receipt notice: As long as you are not in TSC, consider yourself lucky. Gone are the days of wait for 2 weeks after PD is current to get GC or get EAD/AP in 60 to 75 days. Just as an example even people from Oct 2020 VB are still waiting for their GCs or RFEs. The USCIS system right now is a mess. Waiting for 3 months to just get a receipt notice is unbelievable.

idliman
03-10-2021, 05:35 PM
Folks,
Today we got the card approval for myself and spouse.

My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021
Congratulations. Are you in TSC or NSC ?

mesimba
03-10-2021, 05:37 PM
Congratulations. Are you in TSC or NSC ?

Thanks NSC

Moveon
03-10-2021, 05:39 PM
Folks,

I have been a silent member on this forum...and have benefitted immensely from this forum and all the expert advice from the experts here... Q, AceMan, Idliman just to name a few.

My journey in this country started almost 17 years back, with a couple of times on the verge of leaving everything behind and going back to my home country.

I had my share of very highs getting multiple promotions but then to lose it all due to the company shutting shop and coming back to square one. Some personal tragedies/trials/ tribulations and opportunities by passed, if I would have had the GC the life trajectory could have been very different.

But no complains... I am extremely happy that this is the way it had to happen. In the process I learnt a lot not just about this process but more so about my own self.

Today we got the card approval for myself and spouse.

Looking for a new life post GC and ability to work and innovate fearlessly while contributing to this country and my own growth as an individual.

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.

Good luck to all... may everyone get greened soon!!!

My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

Hi Mesimba,
Congrats on Getting greened and agree that we need to enjoy the time with our family . I have the same history as yours (I am in NSC ) and responded to the RFE in Jan. Currently my status says that the response to RFE was received in Jan.
In your case what were the state transitions and when did it change from "RFE received" and what was the next state?

android09
03-10-2021, 05:42 PM
What is NSC ? My biometrics, I-485, I-131 and I-765 all say National Benefits Center.

mesimba
03-10-2021, 05:44 PM
Hi Mesimba,
Congrats on Getting greened and agree that we need to enjoy the time with our family . I have the same history as yours (I am in NSC ) and responded to the RFE in Jan. Currently my status says that the response to RFE was received in Jan.
In your case what were the state transitions and when did it change from "RFE received" and what was the next state?

After RFE received it directly transitioned to ..."New Card is Being Produced"

GCkaLADDU
03-10-2021, 05:45 PM
Thanks Idliman!

mesimba
03-10-2021, 05:45 PM
What is NSC ? My biometrics, I-485, I-131 and I-765 all say National Benefits Center.

NSC = Nebraska Service Center

Moveon
03-10-2021, 05:49 PM
Thanks Mesiba,
I had my biometrics done in 2012 . I suppose you had no biometrics after that too? I am glad that they have gotten to Dec 2009 as this could indicate good movement in the next bulletin and hopefully through the fiscal.

mesimba
03-10-2021, 05:52 PM
Thanks Mesiba,
I had my biometrics done in 2012 . I suppose you had no biometrics after that too? I am glad that they have gotten to Dec 2009 as this could indicate good movement in the next bulletin and hopefully through the fiscal.

Yes only did biometrics one time in 2012, RFEs in 2018 and Jan 2021 for Medicals, 485J , G325A

drop2ocean
03-10-2021, 05:55 PM
Thanks Moveon

racharox
03-10-2021, 06:17 PM
Just a question - If 485J is submitted once along with initial 485 submission, will there be a need to resubmit 485J again at later point?

aGCHopefull
03-10-2021, 06:23 PM
My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

Congratulations!!

incredible
03-10-2021, 06:48 PM
Just a question - If 485J is submitted once along with initial 485 submission, will there be a need to resubmit 485J again at later point?

Depends upon how long before it was submitted. If it was not too long ago then not required. In any case, USCIS will issue RFE and ask for it along with medical, if they feel that it has been some time. Or, they will simply ask in the RFE, if you continue the employment with your employer or submit 485J if changing.

Pundit Arjun
03-10-2021, 07:08 PM
Folks,


My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

Mesimba,

Hearty Congratulations to your family and you.
What was the officer# who issued your RFE (Should be at the last page of the RFE with the name).
Mine is 134 and still waiting to send the RFE response ...

ak7419
03-10-2021, 07:53 PM
Hi Mesimba,
Congrats on Getting greened and agree that we need to enjoy the time with our family . I have the same history as yours (I am in NSC ) and responded to the RFE in Jan. Currently my status says that the response to RFE was received in Jan.
In your case what were the state transitions and when did it change from "RFE received" and what was the next state?

@moveon, please be patient. your turn will also come.

idliman
03-10-2021, 08:09 PM
Just a question - If 485J is submitted once along with initial 485 submission, will there be a need to resubmit 485J again at later point?
GC is given for a future job. While doing PERM, you put your signature in ETA 9089 form saying that your info (education) and past experience are true and correct. Then while submitting I485 Supp J (first time), you sign saying that you intend to accept the job offer. The employer signs saying that they offer you the job. So GC is provided based on a contract between you and the employer.

Now, anytime you change a job it is preferable to submit a new I485 Supp J and let USCIS review the job for AC21 portability provision. In reality, some people change jobs multiple times before their GC is adjudicated. So most attorneys will say that wait for a RFE from USCIS and then submit I485 Supp J. Moreoever, there is no requirement in the law that everyone should submit I485 Supp J proactively or everytime one changes a job using AC21. It is the last job that you work before getting the GC that matters. This is just a choice issue. You want to think that every job is your last job before getting GC (OR) actually wait for FA dates to be current and then do a I485 Supp J.

Now that we have straightened the whole GC process, USCIS can ask anytime a) for simple confirmation that you intend to work in the GC job (after getting GC) or b) ask for a new I485 Supp J. USCIS should NOT approve any GC without making sure that this contract is clear to them. But sometimes they do approve GCs without confirming this contract or assume that you are going to work for the PERM employer. While this may cause headaches later on during N400, most people just don't pay attention to it. USCIS having to deal with millions of illegal immigrants and huge rush of applicants, simply does not have the resources to come after you. Simply you are a small fish and they have much bigger fish to fry.

If it was me, I would submit Supp J and want to get GC based on the job that I am going to work on after getting GC for a "reasonable" time.

Hope this helps.

mesimba
03-10-2021, 08:40 PM
Mesimba,

Hearty Congratulations to your family and you.
What was the officer# who issued your RFE (Should be at the last page of the RFE with the name).
Mine is 134 and still waiting to send the RFE response ...

Mine is 375

racharox
03-10-2021, 08:43 PM
GC is given for a future job. While doing PERM, you put your signature in ETA 9089 form saying that your info (education) and past experience are true and correct. Then while submitting I485 Supp J (first time), you sign saying that you intend to accept the job offer. The employer signs saying that they offer you the job. So GC is provided based on a contract between you and the employer.

Now, anytime you change a job it is preferable to submit a new I485 Supp J and let USCIS review the job for AC21 portability provision. In reality, some people change jobs multiple times before their GC is adjudicated. So most attorneys will say that wait for a RFE from USCIS and then submit I485 Supp J. Moreoever, there is no requirement in the law that everyone should submit I485 Supp J proactively or everytime one changes a job using AC21. It is the last job that you work before getting the GC that matters. This is just a choice issue. You want to think that every job is your last job before getting GC (OR) actually wait for FA dates to be current and then do a I485 Supp J.

Now that we have straightened the whole GC process, USCIS can ask anytime a) for simple confirmation that you intend to work in the GC job (after getting GC) or b) ask for a new I485 Supp J. USCIS should NOT approve any GC without making sure that this contract is clear to them. But sometimes they do approve GCs without confirming this contract or assume that you are going to work for the PERM employer. While this may cause headaches later on during N400, most people just don't pay attention to it. USCIS having to deal with millions of illegal immigrants and huge rush of applicants, simply does not have the resources to come after you. Simply you are a small fish and they have much bigger fish to fry.

If it was me, I would submit Supp J and want to get GC based on the job that I am going to work on after getting GC for a "reasonable" time.

Hope this helps.

Thanks a lot idliman for your inputs. Always helps getting inputs from folks like you guys.

qesehmk
03-10-2021, 09:05 PM
Folks,

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.


@mesimba,

I can understand your feelings. Things are bittersweet. But you are wise to be thankful for your American journey and the life.

Your advice above is exactly why we run this forum and try to make people's journey just a little bit easier.

I am really happy for you and your family. Enjoy your freedom and I wish it breathes new life in your creativity and aspirations.

Once a while keep visiting and help others to the extent it makes you happy!

Have fun.

mesan123
03-10-2021, 10:04 PM
Folks,

I have been a silent member on this forum...and have benefitted immensely from this forum and all the expert advice from the experts here... Q, AceMan, Idliman just to name a few.

My journey in this country started almost 17 years back, with a couple of times on the verge of leaving everything behind and going back to my home country.

I had my share of very highs getting multiple promotions but then to lose it all due to the company shutting shop and coming back to square one. Some personal tragedies/trials/ tribulations and opportunities by passed, if I would have had the GC the life trajectory could have been very different.

But no complains... I am extremely happy that this is the way it had to happen. In the process I learnt a lot not just about this process but more so about my own self.

Today we got the card approval for myself and spouse.

Looking for a new life post GC and ability to work and innovate fearlessly while contributing to this country and my own growth as an individual.

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.

Good luck to all... may everyone get greened soon!!!

My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021


Thanks NSC
Congratulations

mesimba
03-10-2021, 10:12 PM
@mesimba,

I can understand your feelings. Things are bittersweet. But you are wise to be thankful for your American journey and the life.

Your advice above is exactly why we run this forum and try to make people's journey just a little bit easier.

I am really happy for you and your family. Enjoy your freedom and I wish it breathes new life in your creativity and aspirations.

Once a while keep visiting and help others to the extent it makes you happy!

Have fun.

Thanks for your kind words... Yes of course will be glad to pitch in it will be hard to get off of it :-)

newyorker123
03-11-2021, 04:35 AM
Question for the experts:
Can I open my own company on an I485 EAD ? (Assuming 6 months have passed since filing, and I will be working in same field etc. )
Any pitfalls, does anyone have any experience ?

usvisas
03-11-2021, 06:57 AM
This question applies to all first-time filers in Oct 2020 and beyond who got current in the March bulletin. For most, the cases are still sitting at the NBC (assumption - as biometrics still being done or very recently done for most). Once in the clear, meaning once bio is done, medicals submitted originally in Oct 2020, no RFE's to be sent for anything else - does NBC have authority to OR do they approve the 485 OR they defintely transfer the case to local Field office and the case will work at its own pace? For most field offices, processing time is upwards of 12 months.

Please share your knowledge / insights.

qesehmk
03-11-2021, 07:30 AM
Question for the experts:
Can I open my own company on an I485 EAD ? (Assuming 6 months have passed since filing, and I will be working in same field etc. )
Any pitfalls, does anyone have any experience ?

Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

AceMan
03-11-2021, 08:18 AM
Congratulations

Congratulations to see you at the finish line of a long journey as a temp immigrant in US for 16-17 years!!!

Hope rest of us here are not far behind.

nbk1976
03-11-2021, 10:38 AM
Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

Self-employment is clearly permitted in the written guidance to adjudicators, but their main questions will still be whether the job is in the same or similar line of work, and more than the ability to pay (yourself) the full prevailing wage, their main line of inquiry will be whether you will become a public charge.

Here is the text from the field manual for adjudicators:

With respect to porting to self-employment, all other eligibility requirements must be satisfied. First, as with all other portability determinations, the employment must be in a same or similar occupational classification as the job for which the original petition was filed. Second, the adjustment applicant should provide sufficient evidence to confirm that the applicant?s business and the job offer are legitimate. If the submitted evidence is insufficient to confirm the legitimacy, or the officer identifies fraud indicators that raise doubts about the legitimacy of the self-employment, the officer may request evidence to show that the self-employment is legitimate. Third, as with any portability case, USCIS focuses on whether the petition represented the truly intended employment at the time of the filing of both the petition and the adjustment application. This means that, as of the time of the filing of the petition and at the time of filing the adjustment application (if not filed concurrently), the original petitioner must have had the intent to employ the beneficiary, and the beneficiary must also have intended to undertake the employment upon adjustment.[19] Officers may take the petition and supporting documents themselves as evidence of such intent, but in certain cases requesting additional evidence or initiating an investigation may be appropriate.

Source: https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5

qesehmk
03-11-2021, 11:03 AM
Self-employment is clearly permitted in the written guidance to adjudicators, but their main questions will still be whether the job is in the same or similar line of work, and more than the ability to pay (yourself) the full prevailing wage, their main line of inquiry will be whether you will become a public charge.

Here is the text from the field manual for adjudicators:

With respect to porting to self-employment, all other eligibility requirements must be satisfied. First, as with all other portability determinations, the employment must be in a same or similar occupational classification as the job for which the original petition was filed. Second, the adjustment applicant should provide sufficient evidence to confirm that the applicant?s business and the job offer are legitimate. If the submitted evidence is insufficient to confirm the legitimacy, or the officer identifies fraud indicators that raise doubts about the legitimacy of the self-employment, the officer may request evidence to show that the self-employment is legitimate. Third, as with any portability case, USCIS focuses on whether the petition represented the truly intended employment at the time of the filing of both the petition and the adjustment application. This means that, as of the time of the filing of the petition and at the time of filing the adjustment application (if not filed concurrently), the original petitioner must have had the intent to employ the beneficiary, and the beneficiary must also have intended to undertake the employment upon adjustment.[19] Officers may take the petition and supporting documents themselves as evidence of such intent, but in certain cases requesting additional evidence or initiating an investigation may be appropriate.

Source: https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5

Thanks and yes. But IMHO "same similar" in your own business is very simple to prove. All you have to do is create a portfolio of products and services that you are offering to your customers. But to me viability will be the key question. USCIS can still say if this company can support you and whether you will become a public charge. And thus a safe way to do this could be to have at least a couple of hundred thousands capital sitting in this company's bank account and withdraw salary from it.

I'd say consult a lawyer - that 500-1000 bucks will be worth it if anybody is seriously considering this.

Transformer
03-11-2021, 01:14 PM
Dropbox eligibility for non immigrant visa is expanded to 48 months and extended till 12/31/2021. This is a great relief for lot of people planning to travel.

https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html

19YRSNOGC
03-11-2021, 02:58 PM
Mine is 375
he is approving nicely, saw other approvals from him.

Turbulent_Dragonfly
03-11-2021, 04:02 PM
Dropbox eligibility for non immigrant visa is expanded to 48 months and extended till 12/31/2021. This is a great relief for lot of people planning to travel.

https://travel.state.gov/content/travel/en/News/visas-news/expansion-of-interview-waiver-eligibility.html

They are likely gearing up to process the mindboggling number of Immigrant Visas.

krnashvom8
03-11-2021, 04:24 PM
Long time reader (since 2012 probably) first time posting here.. First, would like to thank Q, Spec, Idliman.. and everyone on this forum. I know there are a lot more folks who have helped and guided ppl like me over the years.. great job by mods and contributors!
My PD is Jun 2010 and finally was able to file for 485 this past Oct and got EAD/AP now. Feels like a major milestone in this really long and arduous GC journey..

newyorker123
03-11-2021, 04:36 PM
Thanks and yes. But IMHO "same similar" in your own business is very simple to prove. All you have to do is create a portfolio of products and services that you are offering to your customers. But to me viability will be the key question. USCIS can still say if this company can support you and whether you will become a public charge. And thus a safe way to do this could be to have at least a couple of hundred thousands capital sitting in this company's bank account and withdraw salary from it.

I'd say consult a lawyer - that 500-1000 bucks will be worth it if anybody is seriously considering this.

Thanks Q and nbk1976!

3nov10
03-11-2021, 07:06 PM
Congratulations on getting EAD. Hopefully we will be celebrating getting a better card soon :).

My lawyer informed me that my application is picked up for audit. Just my luck.

ak7419
03-11-2021, 07:37 PM
My lawyer informed me that my application is picked up for audit. Just my luck. What do you mean by audit? What does it entail?

H1b2006
03-11-2021, 08:15 PM
What do you mean by audit? What does it entail?
Perm audit? Additional 4m time

3nov10
03-11-2021, 10:15 PM
Perm audit? Additional 4m time

Yes at the minimum. DOL website shows it is processing audit cases from March2020. Mine is from July 2020.

Pro tip: processing time doesn't move with calendar month. It is way slower.

AceMan
03-12-2021, 08:51 AM
Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

There is some difference in type of business you can open as an USC or Green Card holder

C corps have no limits on how many people and who can own shares.
S corps are limited to 100 shareholders who must be U.S. citizens or residents.

Djidondon
03-12-2021, 09:06 AM
Capacity, policy and executive push. This administration is determined to undo negative effects of prior administration as well as COVID. That means they will do everything they can do reduce backlogs from last year. How much can be done remains to be seen since they also need to consider, above else, their own employee well being (i mean consulate employees).

So the more favorable conditions arise, fully expect DOS / USCIS to work overdrive to reduce backlog here and abroad. One negative side effect on EB of course is that it will reduce FB->EB spillover. But I do expect significant visas to EB next year as well.

qesehmk, thank you for your valuable time helping newbies like me in the community, much appreciated for your time. I have a situation where I got a new job offer and thinking to join in few weeks, my PD is Nov 2016 EB2I, as I don?t want to miss the opportunity for filling AOS by downgrading my I-140 if filling dates in EB3I is forwarded to PD Nov 2016( of course USCIS also have to honor filling dates for AOS in such a situation ) because new employer has to start PERM again and I will miss the one time in life opportunity if the filling dates are forwarded until Nov 2016 in EB3I for FY2022. Current employer will not support for AOS in future if I change the job now.

Any thoughts or predictions, do you think are there any chances in FY2022 on filling dates forward momentum to PD Nov 2016 in EB3I as there was 5 months ban on immigration until Feb 2021.

qesehmk
03-12-2021, 10:06 AM
qesehmk, thank you for your valuable time helping newbies like me in the community, much appreciated for your time. I have a situation where I got a new job offer and thinking to join in few weeks, my PD is Nov 2016 EB2I, as I don?t want to miss the opportunity for filling AOS by downgrading my I-140 if filling dates in EB3I is forwarded to PD Nov 2016( of course USCIS also have to honor filling dates for AOS in such a situation ) because new employer has to start PERM again and I will miss the one time in life opportunity if the filling dates are forwarded until Nov 2016 in EB3I for FY2022. Current employer will not support for AOS in future if I change the job now.

Any thoughts or predictions, do you think are there any chances in FY2022 on filling dates forward momentum to PD Nov 2016 in EB3I as there was 5 months ban on immigration until Feb 2021.

I wish you well. I am just one of many who contribute here.

Green card prediction business is difficult because the numbers are few and there are many things that vary.

Your date seems far enough that there could be significant uncertainty involved.

I have stopped calculating long back and built a tool that does it. Use it if you wish. Even if you don't generally speaking I always tell people to follow life and career and ignore GC. All the best!

Djidondon
03-12-2021, 10:23 AM
Thank you for the quick response Q

qesehmk
03-12-2021, 10:35 AM
Long time reader (since 2012 probably) first time posting here.. First, would like to thank Q, Spec, Idliman.. and everyone on this forum. I know there are a lot more folks who have helped and guided ppl like me over the years.. great job by mods and contributors!
My PD is Jun 2010 and finally was able to file for 485 this past Oct and got EAD/AP now. Feels like a major milestone in this really long and arduous GC journey..

Happy for you my friend.

It is an arduous journey. Luckily it is going to come to an end thanks to COVID spillover as well as potential scrapping of country limits. I wish the biden immigration plan is adopted or Dems should just ram it through the senate just like they did with COVID bill. Enough of GOP blocking immigration for over 2 decades now.

idliman
03-12-2021, 12:02 PM
qesehmk, thank you for your valuable time helping newbies like me in the community, much appreciated for your time. I have a situation where I got a new job offer and thinking to join in few weeks, my PD is Nov 2016 EB2I, as I don?t want to miss the opportunity for filling AOS by downgrading my I-140 if filling dates in EB3I is forwarded to PD Nov 2016( of course USCIS also have to honor filling dates for AOS in such a situation ) because new employer has to start PERM again and I will miss the one time in life opportunity if the filling dates are forwarded until Nov 2016 in EB3I for FY2022. Current employer will not support for AOS in future if I change the job now.

Any thoughts or predictions, do you think are there any chances in FY2022 on filling dates forward momentum to PD Nov 2016 in EB3I as there was 5 months ban on immigration until Feb 2021.
Your question is hard to answer simply because USCIS stopped publishing Pending Inventory data. Moreover no one know how many GCs USCIS will approve this year. What's the use of spillover, if people before you do not get GCs? They will always be standing infront of you in the backlog queue.

I understand your concern with the golden opportunity and missing out on submitting AOS application. You are in Nov 2016 (EB2I), almost 2017 in EB2I. Even if you get similar spillover (FB to EB) I don't think your PD will be current next year. Also keep in mind that when the consulates start ramping up workload, they will take away 10 to 20% of the GCs from CP process. If I am in your shoes, I would jump to the new employer, get my PERM done ASAP. I have to warn you that as one of the few remaining dinosaurs from 2012 EAD still roaming around, we have a lot of baggage and mostly get predictions wrong.

Hopefully other users of this forum will be able to provide their input that you can consider to make a decision. Good Luck.

usvisas
03-12-2021, 12:03 PM
Anyone who got current in March bulletin, has seen any updates to the I-485?

19YRSNOGC
03-12-2021, 12:06 PM
Anyone who got current in March bulletin, has seen any updates to the I-485?
no update so far

idliman
03-12-2021, 12:28 PM
Anyone who got current in March bulletin, has seen any updates to the I-485?
I am in TSC. I had opened a service request. It got closed immediately a)without saying that the file with AO and b) without an expected time frame or 45 or 60 days. It is like a no-reply, reply to close outside processing time referrals. Guess we have to wait for our time in the Sun.

vsivarama
03-12-2021, 12:31 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.

bikenlalan
03-12-2021, 12:32 PM
April 2021 bulletin out
Eb1 I current
Eb2 I May 1 2010
Eb3 I Sep 1 2010

maverick2010
03-12-2021, 12:37 PM
Thanks and yes. But IMHO "same similar" in your own business is very simple to prove. All you have to do is create a portfolio of products and services that you are offering to your customers. But to me viability will be the key question. USCIS can still say if this company can support you and whether you will become a public charge. And thus a safe way to do this could be to have at least a couple of hundred thousands capital sitting in this company's bank account and withdraw salary from it.

I'd say consult a lawyer - that 500-1000 bucks will be worth it if anybody is seriously considering this.

I consulted a lawyer and paid $175 for 30 mins call to discuss about the same topic. He said, law doesn't explicitly say one can't start business & run payroll in I-485 EAD unlike H1B. Reason being, when rules were written long time back for I-485, the expectation is that applicants will receive GC in 2-4 months. Final verdict from him is, I-485 EAD applicant have strong case to defend if USCIS raises this as an issue.

idliman
03-12-2021, 12:44 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.
This is great news. This will definitely put pressure on USCIS to start approving GCs. Congratulations to all fellow 2012 EAD applicants. You all are FA current.

Added:


Ace got his wish of EB1I FA Current in one month. Lets see how this works for EB2I FA dates in future bulletins.
This movement is definitely considering FB to EB spillover. Not in the borderline of 7% country cap quota like last bulletin.
Definite change of attitude from DOS and they are making bold movements. There is no reason why they should stall movement now. They are indirectly telling USCIS that approving GCs is their problem. DOS job is to keeping moving the dates based on available GCs.
If there is any backlogger still remaining who wished for DT to win second term after seeing these movements?

H1b2006
03-12-2021, 12:51 PM
Ver nice another 3 months FEB 2011 EB3 I should be current :cool:

bikenlalan
03-12-2021, 01:00 PM
Good to see VB to be released before the middle of the month like it used to before 2017, these are all positive changes from the new administration and hopefully they start publishing the pending inventory soon.

MeraNumber09
03-12-2021, 01:19 PM
Ace's prediction was on the $.! Kudos to all that got current.

may2011
03-12-2021, 01:36 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.

So glad to know that people from 2009 and May 2010 are on the cusp of getting cleared!you guys have waited for ages..almost there:)

Wizoz2
03-12-2021, 01:37 PM
Hi, My priority date Eb2, 28th April 2010 , Service Center : TSC is current as of the april 2021 visa bulletin. How has the trend been with RFEs from the TSC. I still do not see a lot of folks getting RFEs for older dates. So relieved and happy to be current 13 years after coming to the US.

rotikapdaaurgc
03-12-2021, 01:41 PM
Today, my priority date has become current, 9 years after filing I-485. What a great Friday ! Haven?t received any RFEs yet, what happens next? I hope we get a GC before another retrogression.

rocketfast
03-12-2021, 01:48 PM
@TRAVELGOV BEGINS HOSTING MONTHLY YOUTUBE LIVE “CHATS WITH CHARLIE”

@TravelGov will begin hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. The first chat is scheduled to take place on March 17, 2021 at 1:00 pm EST to discuss the April Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line.

Wizoz2
03-12-2021, 01:52 PM
Hi, My priority date Eb2, 28th April 2010 , Service Center : TSC is current as of the april 2021 visa bulletin. How has the trend been with RFEs from the TSC. I still do not see a lot of folks getting RFEs for older dates. So relieved and happy to be current 13 years after coming to the US.

Congratulations your priority date is exactly a day after mine:)

suninphx
03-12-2021, 02:03 PM
Excellent date movement. Really good news. Now only if they get their act together and start issuing green cards in order of PDs (to an extent possible) instead of issuing them randomly. Good luck every one!

Positive
03-12-2021, 02:08 PM
@TRAVELGOV BEGINS HOSTING MONTHLY YOUTUBE LIVE ?CHATS WITH CHARLIE?

@TravelGov will begin hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. The first chat is scheduled to take place on March 17, 2021 at 1:00 pm EST to discuss the April Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line.
I was about to post this too. Certainly, Charlie appears to have been freed to, a la Dr. Fauci. Time to get those questions about inventory and date movement commensurate with spill-over answered. Gurus, please send the questions to Charlie. I think it's the first time people other than AILA lawyers get to ask questions.

Transformer
03-12-2021, 02:19 PM
Very good movement in the April VB. Especially now EB1 India is current and EB2I date is exactly the cut off date of 2012 (I mean most of them files in 2012), it is interesting to see how dates move forward. Any movement further is October 2020 filers for whom 485 processing might not be completed yet.
EB2I is catching up with EB3I pretty fast.

ak7419
03-12-2021, 02:25 PM
@TRAVELGOV BEGINS HOSTING MONTHLY YOUTUBE LIVE “CHATS WITH CHARLIE”

@TravelGov will begin hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. The first chat is scheduled to take place on March 17, 2021 at 1:00 pm EST to discuss the April Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line. Is this for real??? What a welcome change.

mitul75
03-12-2021, 02:26 PM
I am in TSC. I had opened a service request. It got closed immediately a)without saying that the file with AO and b) without an expected time frame or 45 or 60 days. It is like a no-reply, reply to close outside processing time referrals. Guess we have to wait for our time in the Sun.

Did you try speaking to a live agent? My dates are current too, and I spoke to a live agent and insisted on speaking to a Level 2 officer. She created a service order for me and said that someone will call me back in the next 14 business days. So, keeping my hopes high!

harapatta
03-12-2021, 02:27 PM
After 11 long years, I am current, and reality still not sinking in. So guys what happens next ( I filled my I-485 in 2012).

mitul75
03-12-2021, 02:32 PM
Happy for you my friend.

It is an arduous journey. Luckily it is going to come to an end thanks to COVID spillover as well as potential scrapping of country limits. I wish the biden immigration plan is adopted or Dems should just ram it through the senate just like they did with COVID bill. Enough of GOP blocking immigration for over 2 decades now.

I wish they could do that, but given that Biden's Immigration bill cannot be passed as a budget reconciliation process or vote-a-rama unlike the COVID bill, chances of filibuster by Senate Republicans is very high, in which case it will have zero chance to pass as is.

mitul75
03-12-2021, 02:35 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.

Good news all around - this proves beyond doubt that there has been a welcome change in the way of looking at legal immigration.

ak7419
03-12-2021, 02:36 PM
Did you try speaking to a live agent? My dates are current too, and I spoke to a live agent and insisted on speaking to a Level 2 officer. She created a service order for me and said that someone will call me back in the next 14 business days. So, keeping my hopes high! I have been current since November but no updates since then. I opened an SR but unfortunately had a typo in A#. They closed the SR after 90 days saying that information does not match with what is on file. What a bummer. I then chatted with a T1 agent and requested that I be put on callback queue for T2. It has been 16 days since then but no call from T2 agent yet. I feel like they are overwhelmed...

Justmyself
03-12-2021, 02:41 PM
Very good movement in the April VB. Especially now EB1 India is current and EB2I date is exactly the cut off date of 2012 (I mean most of them files in 2012), it is interesting to see how dates move forward. Any movement further is October 2020 filers for whom 485 processing might not be completed yet.
EB2I is catching up with EB3I pretty fast.

It looks like reverse porting and the vertical/horizontal SO are helping EB2 after all. By the end of the FY, I won?t be surprised if EB2 takes over EB3.

Justmyself
03-12-2021, 02:42 PM
Any predictions on when FAD might reach April 2011 for EB3I?

idliman
03-12-2021, 02:49 PM
Any predictions on when FAD might reach April 2011 for EB3I?
Here's the positive news for you. DOS set the DF dates for EB2I for 15MAY11. So DOS/CO expected the dates to be around that date at the end of the year (Sept 2021). After the dates were set, quite a few people have downported to EB3. Be positive and very optimistic. There is no real pending inventory after May 2010. So we need to wait for the data to show up.

mitul75
03-12-2021, 02:50 PM
I have been current since November but no updates since then. I opened an SR but unfortunately had a typo in A#. They closed the SR after 90 days saying that information does not match with what is on file. What a bummer. I then chatted with a T1 agent and requested that I be put on callback queue for T2. It has been 16 days since then but no call from T2 agent yet. I feel like they are overwhelmed...

Yep - especially TSC, I guess with all new applications since October, COVID and the recent weather event. They are lagging behind NSC by at least 3 months, based on Trackitt data

mr00us
03-12-2021, 02:54 PM
Here's the positive news for you. DOS set the DF dates for EB2I for 15MAY11. So DOS/CO expected the dates to be around that date at the end of the year (Sept 2021). After the dates were set, quite a few people have downported to EB3. Be positive and very optimistic. There is no real pending inventory after May 2010. So we need to wait for the data to show up.


Provided USICS does not waste visa numbers, I see decent movement for EB-2, especially since EB1 is current. If my calculations are correct, we should see EB2 in 2011 by the end of this FY. EB3 however should also follow along because of duplicate filings of 485. Basically averaging out in early to middle of 2011 depending on spillover from EB-1.

I will return to my posts at the end of FY to see how far off I was. :-)

Djidondon
03-12-2021, 02:54 PM
Your question is hard to answer simply because USCIS stopped publishing Pending Inventory data. Moreover no one know how many GCs USCIS will approve this year. What's the use of spillover, if people before you do not get GCs? They will always be standing infront of you in the backlog queue.

I understand your concern with the golden opportunity and missing out on submitting AOS application. You are in Nov 2016 (EB2I), almost 2017 in EB2I. Even if you get similar spillover (FB to EB) I don't think your PD will be current next year. Also keep in mind that when the consulates start ramping up workload, they will take away 10 to 20% of the GCs from CP process. If I am in your shoes, I would jump to the new employer, get my PERM done ASAP. I have to warn you that as one of the few remaining dinosaurs from 2012 EAD still roaming around, we have a lot of baggage and mostly get predictions wrong.

Hopefully other users of this forum will be able to provide their input that you can consider to make a decision. Good Luck.
Thank you for your valuable feedback Idliman, I honestly don?t know how the Green Card process, final action dates and filling dates work. I was hoping whether my PD Nov 2016 might become current in EB3I in filling dates not the final action dates if a SO happens for FY2022 from FB to EB. I have no hope on the green card with current situations but I can live in US on AOS for few years if there is such opportunity if my PD becomes current in EB3I in filling dates. Do you see any slight chances for it to happen starting FY2022 ?

idliman
03-12-2021, 02:58 PM
Did you try speaking to a live agent? My dates are current too, and I spoke to a live agent and insisted on speaking to a Level 2 officer. She created a service order for me and said that someone will call me back in the next 14 business days. So, keeping my hopes high!
See the post from ak7419 below.

I have been current since November but no updates since then. I opened an SR but unfortunately had a typo in A#. They closed the SR after 90 days saying that information does not match with what is on file. What a bummer. I then chatted with a T1 agent and requested that I be put on callback queue for T2. It has been 16 days since then but no call from T2 agent yet. I feel like they are overwhelmed...
I went through the Oct VB TSC thread in trackitt (https://www.trackitt.com/usa-discussion-forums/i485-eb/2138061663/tsc-only-eb2-india-candidates-who-became-current-in-the-oct-2020-vb/). It looks like many have done 2 SRs and 2 congressman or senator requests and still waiting. It may be that TSC is overwhelmed, understaffed, mismanged or a some combination of the three. I think it might take them some time to figure out a way to approve GCs. With new people added to the FA current queue, this will definitely bring more pressure on them. I just hope that they don't randomly pick applications and approve an Apr 2010 petition when some Jul 2009 folks are still waiting.

Retrogression is not possible. So we should get GCs in a few months.

goracer
03-12-2021, 03:07 PM
After 11 long years, I am current, and reality still not sinking in. So guys what happens next ( I filled my I-485 in 2012).


Now the waiting game starts for rfe...

vsivarama
03-12-2021, 03:12 PM
Thank you for your valuable feedback Idliman, I honestly don?t know how the Green Card process, final action dates and filling dates work. I was hoping whether my PD Nov 2016 might become current in EB3I in filling dates not the final action dates if a SO happens for FY2022 from FB to EB. I have no hope on the green card with current situations but I can live in US on AOS for few years if there is such opportunity if my PD becomes current in EB3I in filling dates. Do you see any slight chances for it to happen starting FY2022 ?

It is difficult to predict PD movements without the holy grail (i485 pending inventory). At this point it's also difficult to predict how much spillover we will get in FY2022. We are also not sure if all available visa numbers will be used up for this year. So it's like throwing a dart blindfolded. Does it hit the bulls eye? Maybe. This is something no expert would want to predict.

Tandav
03-12-2021, 03:17 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.

I am current now and I am not excited at all. Even if it is not thru EB, i will be getting my gc thru my kids in another 2 years. The happiest moment was when SM was stripped out of his position as immigration advisor. I am happy that my kids voted for JB. This is the kind of changes that i was hoping to see on legal immigration.
The gas price was 96 cents when I came to this country.

vrk1791
03-12-2021, 03:41 PM
Hello Idliman and Gurus,

Here is my situation and need your valuable inputs....

Category: EB2 (India)
Priority Date: Jan-2010
I485 Filed Date: March 2012

I have changed my job to (Employer B) after 180 days of I485 filing and started working on EAD (filed AC21), after few months my previous employer (Original Petitioner: Employer A) revoked I140 sine I was not working with them, unfortunately USCIS erroneously denied my I485 even though I submitted AC21 portability(from Employer B). I applied MTR/Federal court appeal then got re-opened I485 in around 5 weeks and started working again with Employer B (not maintained H1B, only through EAD).

I am still working with same Employer B and renewed EAD/AP around 4 times with out any issues and travelled India few times with AP (No issues so far) .

As you aware now my priority date became current in March 2021 bulletin and expecting RFE since medicals expired and 485J. As I am not maintaining H1B would you see any issues with my I485 approvals (just checking because I had bad experience earlier)?

Hypothetical situation: If 485 gets denied whatever the reason might be, can I go back to original portioner or current employer to file H1B with cap exempt category ?

These two above questions more on preparation for any eventuality as I am at finish line (I485 approval) and don't have any fall back option (no H1B).

I really appreciate your inputs.....

vsivarama
03-12-2021, 03:46 PM
The new director Alexander looks like he can make positive directions for USCIS and get the institute back as a Service instead of enforcement.

100% agree with you on this. I have not seen any official word on cancelling interviews though it seems like 485 interviews are not taking place anymore. The public charge rule has been blocked which could further shorten the processing times of i1485. The next and the most important milestone will be to see approvals rolling in for people who applied for AOS in October else any date movement in the bulletin will be moot. Hoping to see some progress on that end soon.

bangaloreboy
03-12-2021, 03:46 PM
Congratulations to all 2012 folks who got current today! Feels like I am reliving 2012 all over again, but this time its real! I missed out 2012 by 2 months and dont know what 2021 will turn out to be for those who missed the boat in 2012. I honestly dont know how many who got current this year will see GCs but you should rejoice and celebrate this big day!

qesehmk
03-12-2021, 03:50 PM
For what it is worth I do not think EB23-IC will retrogress ever. So relax and let this sink in. Congratulations to all that are current.

incredible
03-12-2021, 04:04 PM
The bulletin release in the 2nd week is a welcome change. Eb2 has moved 3 and half months while Eb3 has done 2 months.
For EB2 there was around 4000 total applicants from Jan 15th to May 1st which DOS appear confident to process next month. USCIS needs to ensure they can service those numbers. The new director Alexander looks like he can make positive directions for USCIS and get the institute back as a Service instead of enforcement.

Very well said. congratulations to all and things are looking rosy again after a long time. Hoping all of 2012 filers will be greened soon.

ak7419
03-12-2021, 04:11 PM
My PD is Sep 2009 and I am not sure which service center is processing my case. I have been current since November of last year but I have not seen any movement in my case. I am noticing that more and more folks like me are seeing no movement in their cases. What is the course of action for us? Any suggestions?

bangaloreboy
03-12-2021, 04:19 PM
Not to side rail the festivities, but infact add to it, here is some relief for those derivatives that unfortunately got rejected in Oct 2020, for leaving boxes 3.a. and 9 blank in Part 2 of the I-485 application
https://www.murthy.com/2021/03/10/uscis-to-allow-certain-i-485-derivative-applicants-to-re-file-rejected-applications/
The difference between administrations...I am just saying...

Wizoz2
03-12-2021, 04:22 PM
My PD is Sep 2009 and I am not sure which service center is processing my case. I have been current since November of last year but I have not seen any movement in my case. I am noticing that more and more folks like me are seeing no movement in their cases. What is the course of action for us? Any suggestions?

Have you considered submitting a service request to nudge them into maybe looking at your case? I believe TSC is sending 0 to very few RFEs at the moment based on the statistics on trackitt.com. Your case seems to be well justified for a service request, since you are outside of the mandatory 90 day timeline of waiting for an RFE.

skpanda
03-12-2021, 04:30 PM
Friends.. apologies for being selfish.. Please see my question below. I am posting here as this thread gets the most traffic.

https://www.qesehmk.org/forums/showthread.php/961-Travel-During-AOS-485-Stage?p=70766&viewfull=1#post70766

Thanks in advance!

vsivarama
03-12-2021, 04:48 PM
Friends.. apologies for being selfish.. Please see my question below. I am posting here as this thread gets the most traffic.

https://www.qesehmk.org/forums/showthread.php/961-Travel-During-AOS-485-Stage?p=70766&viewfull=1#post70766

Thanks in advance!

I am not sure of the answer to this. You may want to check with an expert or a lawyer what happens if your GC is approved mid travel? I have heard you can travel back with an AP no issues. But I am not sure if you can travel back on a visa. I hoping the answer is yes, but it's better to be sure.

ak7419
03-12-2021, 05:08 PM
Have you considered submitting a service request to nudge them into maybe looking at your case? I believe TSC is sending 0 to very few RFEs at the moment based on the statistics on trackitt.com. Your case seems to be well justified for a service request, since you are outside of the mandatory 90 day timeline of waiting for an RFE. I opened a service request a couple of months ago but no update so far.

Moveon
03-12-2021, 05:55 PM
I am not sure of the answer to this. You may want to check with an expert or a lawyer what happens if your GC is approved mid travel? I have heard you can travel back with an AP no issues. But I am not sure if you can travel back on a visa. I hoping the answer is yes, but it's better to be sure.

I had asked the lawyers back in 2012 and they said that its safe to travel as long as it is for 3-4 weeks and you have a valid AP or Visa to re-enter . The reason why they say 3-4 weeks is just in case they ask for more info and you need to be back to respond to it before time runs out.
At entry your A number will match and they would let you in .

LeoAugust
03-12-2021, 06:16 PM
Why they are not moving the filling dates for EB2I(15MAY11) and EB3I(01JAN14)? Can we expect with huge SO(~120K) on Sep-2021, those dates will be Final action date...? Any comment...

Djidondon
03-12-2021, 06:30 PM
Why they are not moving the filling dates for EB2I(15MAY11) and EB3I(01JAN14)? Can we expect with huge SO(~120K) on Sep-2021, those dates will be Final action date...? Any comment...
I don?t think those current dates in filling dates will become current dates anytime soon. I have the same Q on why filling dates for EB2I and EB3I are not moving at all after November 2020 visa bulletin

Moveon
03-12-2021, 06:44 PM
I don?t think those current dates in filling dates will become current dates anytime soon. I have the same Q on why filling dates for EB2I and EB3I are not moving at all after November 2020 visa bulletin

I am sure the USCIS has enough applications to process for a couple of years atleast. The current priority for USCIS must be to issue the extra 120K GC before they expire in September and that will need a lot of resources from their side. I don't see them moving Filing dates this fiscal atleast as with 120K SO will only get us to early to mid 2011.
My prediction is that there will be over 120K visas again that would SO for the next fiscal as long as the current admin does not amend the rules of SO.

LeoAugust
03-12-2021, 06:44 PM
I don?t think those current dates in filling dates will become current dates anytime soon. I have the same Q on why filling dates for EB2I and EB3I are not moving at all after November 2020 visa bulletin

Yea... Are they trying to reach that by Sep-2021. Atleast for EB2/3 it looks impossible untill unless it is more than 5-6 months... even if they do, can they handle the situation with existing infra...

smuggymba
03-12-2021, 06:49 PM
April Visa Bulletin is out.

EB1I - Current
EB2I - May 1st, 2010
EB3I - Sept 1st, 2010

Happy to see the class of 2012 getting cleared.

Finally current after 2012. March 30th 2010. But NO RFE. TSC.

Wait and watch!!

Djidondon
03-12-2021, 06:49 PM
I am sure the USCIS has enough applications to process for a couple of years atleast. The current priority for USCIS must be to issue the extra 120K GC before they expire in September and that will need a lot of resources from their side. I don't see them moving Filing dates this fiscal atleast as with 120K SO will only get us to early to mid 2011.
My prediction is that there will be over 120K visas again that would SO for the next fiscal as long as the current admin does not amend the rules of SO.
Hi Moveon, if there is really 120k SO for FY2022 if no rules for SO are changed, do you see the filling dates for EB3I moving forward until Nov 2016 ?

asankaran
03-12-2021, 06:53 PM
Hi Folks, Quick question. I noticed my family members having priority date mentioned as received date which is 2012 and not the primary (my) priority date. Will that be easily corrected by USCIS or is there any form for correction that needs to be filled ? BTW congratulations to those who got current with Visa Bulletin. Three cheers to the Biden!!

Moveon
03-12-2021, 07:11 PM
Hi Moveon, if there is really 120k SO for FY2022 if no rules for SO are changed, do you see the filling dates for EB3I moving forward until Nov 2016 ?

Depends on how you view it .

Mathematically , even with a SO of 150K they cannot issue GCs beyond mid of 2014 in the next fiscal for EB-2I/EB-3I . No way . So they could just keep Filing at late 2014.

Politically , This admin is immigrant friendly and the current head of DHS "Alejandro Mayorkas" is willing to do more than his predecessors . He could take a sympathetic view and issue EADs as a middle ground until 2016/17 . His call as the department will reflect his view .

What is encouraging is that the DHS under him has been moving dates like never before which gives me hope for EB2/3 India. Guys please reach out to your senators/Representatives in october if the SO is large and request them to start issuing GCs immediately and move dates forward. Many of us wrote to our Senators/Representatives late Jan to help in the movement of dates and to utilize the SO and got responses. Please continue to educate them on the importance of issuing every GC for EB.

Moveon
03-12-2021, 07:13 PM
Hi Folks, Quick question. I noticed my family members having priority date mentioned as received date which is 2012 and not the primary (my) priority date. Will that be easily corrected by USCIS or is there any form for correction that needs to be filled ? BTW congratulations to those who got current with Visa Bulletin. Three cheers to the Biden!!

That is how it is . They cannot back date but the derivatives will always get Primary's date
https://www.murthy.com/2012/11/12/i-485-receipts-may-contain-incorrect-priority-date/ .

android09
03-12-2021, 07:17 PM
Hi Moveon, if there is really 120k SO for FY2022 if no rules for SO are changed, do you see the filling dates for EB3I moving forward until Nov 2016 ?

Unlikely. EB2 downgrades effect not seen yet. thousands may have downgraded from May 16, 2011. We may not have seen the impact yet, but a filing date retrogression can happen. It has already happened once. Oct 2020 it was at Jan-1-2015 for EB3, then moved to Jan-1-2014 in December 2020 visa bulletin. Let?s hope it doesn?t happen.

mitul75
03-12-2021, 07:26 PM
I just hope that they don't randomly pick applications and approve an Apr 2010 petition when some Jul 2009 folks are still waiting.

I think if TSC keeps moving at this rate, there?s a real possibility that April or even May 2010 folks whose service center is Nebraska will soon get RFEs followed by GCs while those stuck at Texas Service Center will wait for many more months to catch up. Another way to look at it is, if TSC is unable to catch up and use its share of spillover visas this FY, then even if EB2 priority dates don?t retrogress in the next fiscal, because the SO visas will go to waste, TSC won?t have enough visas to issue for the backlogged folks of 2009 and 2010 even in the coming years.

yuvraaj
03-12-2021, 08:58 PM
Talk about censorship, my reply to this thread is been deleted. We don't have free speech anymore in this country.

Pretty sure Q isn't the Government and Free speech isn't without consequences.

jackryan041815
03-12-2021, 10:43 PM
it shouldnt be all doom and gloom, enjoy the good news that this visa bulletin has brought and the positive foreshadowing for the near future. i am sure that given the added pressure with more people being current, TSC will pick up its processing speeds, and those that are current will get greened

Turbulent_Dragonfly
03-12-2021, 11:26 PM
Probably ignorant question: What does it mean if the I-485 generated is from NBC? Does NBC directly approve I-485s or only TSC and NSC do that?

cutepuppy
03-12-2021, 11:50 PM
National Benefits Center I believe. But recently as per other forums USCIS is also sending receipt notices from IOE. Check this out here where one use shared that they got EAD approved in 8 days after biometrics - https://forum.happyusclub.com/topic/27/i765-ead-card-is-being-produced

gcconnect
03-13-2021, 07:43 AM
Probably ignorant question: What does it mean if the I-485 generated is from NBC? Does NBC directly approve I-485s or only TSC and NSC do that?

Mine generated from NBC. Is it going to transfer or approve from there? If transfer based on the location?

kuku82
03-13-2021, 08:29 AM
Mine generated from NBC. Is it going to transfer or approve from there? If transfer based on the location?

I'd asked my lawyer (Fragomen) the same question couple days back. Their response was:

"We anticipate that your adjustment application will be processed through the MSC. Currently, employment based AOS interviews are being waived."

gc092011
03-13-2021, 11:26 AM
Hi Gurus,

My PD is Nov 2011 in EB2 I. My current employer is not agreeing to downgrade to EB3 so need to wait for EB2 to be current. Based on April VB can filing dates reach Nov 2011 this year?

vsivarama
03-13-2021, 12:10 PM
Hi Gurus,

My PD is Nov 2011 in EB2 I. My current employer is not agreeing to downgrade to EB3 so need to wait for EB2 to be current. Based on April VB can filing dates reach Nov 2011 this year?

There is a very good chance that Filing dates in Oct visa bulletin will include your PD. My expectation is that with similar spillover or even slightly less numbers coming over to EB, the FD bulletin for EB2I could reach 01Jan2013 if not more.

LeoAugust
03-13-2021, 12:28 PM
FY20 appplication seems like getting processed
https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2020Q4.pdf

raradhya
03-13-2021, 01:59 PM
National Benefits Center I believe. But recently as per other forums USCIS is also sending receipt notices from IOE. Check this out here where one use shared that they got EAD approved in 8 days after biometrics - https://forum.happyusclub.com/topic/27/i765-ead-card-is-being-produced

Correcting the link
https://forum.happyusclub.com/topic/35/biometrics-reused-for-ead-ap-approval

Moveon
03-14-2021, 01:02 AM
I received a response to the Supp-J as "i485j confirmation of bona fide job offer or request for job portability sec 204(j)" . Notice Type : "Receipt Notice Fee Waived" .
Looks like they will send the actual response to the Supp-J soon.
We had responded to the RFEs in Jan for the Supplement-J and Medicals .

Any idea on what that means for the Processing of our application, our Dec 2009 dates went current this month.

usvisas
03-14-2021, 05:53 AM
whats your RD? The 485J RFE was because you didn't send it originally or some enquiry on that?

ak7419
03-14-2021, 10:42 AM
I received a response to the Supp-J as "i485j confirmation of bona fide job offer or request for job portability sec 204(j)" . Notice Type : "Receipt Notice Fee Waived" .
Looks like they will send the actual response to the Supp-J soon.
We had responded to the RFEs in Jan for the Supplement-J and Medicals .

Any idea on what that means for the Processing of our application, our Dec 2009 dates went current this month. My dates went current in November but I am being patient. You just have to sit tight. USCIS is currently overwhelmed and let's not overwhelm them anymore. There are many folks with priority date and received date before you who are waiting patiently.

Moveon
03-14-2021, 10:57 AM
My dates went current in November but I am being patient. You just have to sit tight. USCIS is currently overwhelmed and let's not overwhelm them anymore. There are many folks with priority date and received date before you who are waiting patiently.

Hi ak7419, Please read my post first. I responded to the RFE back in Jan where they asked for the Supplement-J and medicals . Not sure about the context of your comments or if you fully read mine.

@usvisas , I had not sent the Supp-J on job change . Previously I had sent Supplement-Js when I changed jobs and when I got the RFEs they still always asked for the supplement -J. So this time when I changed jobs , I did not bother sending them that and thought will wait for the RFE when medicals expire.

gcconnect
03-14-2021, 11:05 AM
Question for Experts
At what stage of the I485 approval process considered as this year Quota?
All the people’s PD current is considered as this year Quota or only people got I-485 approval message or only people got physical card received?
For example, some one’s date is current and received RFE for something and replied before sep’2021. How this case considered? in 2021 Quota or 2022?

ak7419
03-14-2021, 11:40 AM
Hi ak7419, Please read my post first. I responded to the RFE back in Jan where they asked for the Supplement-J and medicals . Not sure about the context of your comments or if you fully read mine.

@usvisas , I had not sent the Supp-J on job change . Previously I had sent Supplement-Js when I changed jobs and when I got the RFEs they still always asked for the supplement -J. So this time when I changed jobs , I did not bother sending them that and thought will wait for the RFE when medicals expire.

Hi @moveon. I am sorry if my reply was not clear. What I meant to say was that there are lof of folks with dates before you who are still waiting for long time even after responding to their RFE recently. All you can do is wait and not overwhelm USCIS :)

Moveon
03-14-2021, 12:03 PM
Hi @moveon. I am sorry if my reply was not clear. What I meant to say was that there are lof of folks with dates before you who are still waiting for long time even after responding to their RFE recently. All you can do is wait and not overwhelm USCIS :)

Hi ak7419, I still don't understand why you think my responding to an RFE sent by the USCIS is amounting to overwhelming the USCIS. I responded to what they asked for and nothing more . If you don't respond to an RFE its a voluntary abandonment of your GC application . I understand that there are people before me who are waiting and some after me who got it. Dates are all over the place and hard to predict when one will get the GC.
Again , I have never sent anything more than asked if that helps clear the confusion . Wishing everyone a quick GC , no one should suffer GC discrimination based on country of birth when they claim employment merit for EB category.

Moveon
03-14-2021, 12:05 PM
Question for Experts
At what stage of the I485 approval process considered as this year Quota?
All the people’s PD current is considered as this year Quota or only people got I-485 approval message or only people got physical card received?
For example, some one’s date is current and received RFE for something and replied before sep’2021. How this case considered? in 2021 Quota or 2022?

Your case needs to be approved to count to the Quota . I hope they suspend the interview process this year else they will waste visas .

harapatta
03-14-2021, 02:22 PM
Now the waiting game starts for rfe...

Hope it's not a long wait, or I need to start a new thread for RFE prediction .....:)

gcconnect
03-15-2021, 07:57 AM
Your case needs to be approved to count to the Quota . I hope they suspend the interview process this year else they will waste visas .

Thank you Moveon. Hope they will speedup the process.

asankaran
03-15-2021, 08:58 AM
Hope it's not a long wait, or I need to start a new thread for RFE prediction .....:)

Is there per country quota for issuing RFE ?

qesehmk
03-15-2021, 09:10 AM
Is there per country quota for issuing RFE ?Absolutely not.

mitul75
03-15-2021, 09:12 AM
Is there per country quota for issuing RFE ?
There is no per country quota for issuing RFE and theoretically USCIS can issue RFE at random to anyone waiting for an approval of their application; however, most of the time, a service center issues RFEs when your application is within their processing time. So for example, NSC is issuing RFEs to Jan-Mar 2010 EB2-I candidates since they have already issued GCs to most of the folks in 2009 and expect to keep up their pace, while TSC is still sending RFEs to August-September 2009 EB2-I folks, since they are 3-4 months behind in their processing time.

durri20
03-15-2021, 10:18 AM
Noob Q - If my i-485/i-765 pkg was sent to TSC but receipts came from NBC ( MSC2190**), TSC still processes my i-485 related processing and RFE issues. Just trying to understand what part TSC vs NBC typically handle in such cases.


Just registered - I am unable to update by signature. Will include below profile details once I can.
-----------------------------------------------------------------
NBC; EB2I-8/24/10; I-485/I-131/I-765: 10/28/20 ; Biometrics -3/23/21

longwaitgigu
03-15-2021, 10:22 AM
This is naive question
We applied i485 in November and send to Texas service center. When I got receipt last month it says MSC series and NBC center. So will my case process at TSC or NBC? How r the processing times of NBC?( I did try to search on uscis processing times
I am expecting my dates to be current next month( oct 2010-eb3)
Not received biometric nor RFE for medicals yet.
So if I submit everything on time when I get the RFE and medicals, my case has to be approved by September 2021 to be counted in this year's quota right?
Thankyou so much

fishelusa
03-15-2021, 10:51 AM
I suspect NBC with MSC is heavily backlogged to process biometrics it seems. I applied in oct 2020 no update on biometrics schedule.

Wizoz2
03-15-2021, 11:07 AM
Hey Guys,
Anyone with TSC and current for over 3 months, reaching out to senators and trying to force a response from the USCIS for dates that are current for EB2 india?

ak7419
03-15-2021, 11:32 AM
Hey Guys,
Anyone with TSC and current for over 3 months, reaching out to senators and trying to force a response from the USCIS for dates that are current for EB2 india? I have been current since November and my case is TSC. I have not had any RFE since 2016. Still waiting to hear from TSC. I have no idea how they are issuing RFEs.

I am not expecting that I will receive GC in hand for another 3 months. My NSC counterparts have already received their GC two or three months ago.

Wizoz2
03-15-2021, 11:47 AM
I have been current since November and my case is TSC. I have not had any RFE since 2016. Still waiting to hear from TSC. I have no idea how they are issuing RFEs.

I am not expecting that I will receive GC in hand for another 3 months. My NSC counterparts have already received their GC two or three months ago.

Are you considering submitting a service request or even contacting a senator? Not assuming you have not done it already, but generally wondering if anything is able to help trigger a response from USCIS to touch pending cases.

rocketfast
03-15-2021, 12:01 PM
I suspect NBC with MSC is heavily backlogged to process biometrics it seems. I applied in oct 2020 no update on biometrics schedule.

The Eb1-I guys maintain a tracker for MSC with a sample space of > 500 people. According to it, 39% of the people that applied after October 1st are yet to get biometrics appointment. I follow it to get a general idea of approvals.

https://docs.google.com/spreadsheets/d/1MdwAQWPzI30czeabkPwrKH8LDutM4H-f3eATTfOkk6I/edit#gid=497246112

There are also a couple of Chinese telegram groups that crawl the USCIS case status page to figure out the rate of approvals. There is a decent spike in activity over the last couple of weeks. But, still a long way to go for them to not waste any GCs.

Wizoz2
03-15-2021, 12:07 PM
The Eb1-I guys maintain a tracker for MSC with a sample space of > 500 people. According to it, 39% of the people that applied after October 1st are yet to get biometrics appointment. I follow it to get a general idea of approvals.

https://docs.google.com/spreadsheets/d/1MdwAQWPzI30czeabkPwrKH8LDutM4H-f3eATTfOkk6I/edit#gid=497246112

There are also a couple of Chinese telegram groups that crawl the USCIS case status page to figure out the rate of approvals. There is a decent spike in activity over the last couple of weeks. But, still a long way to go for them to not waste any GCs.

No one updates the tracker on trackitt. It is such a good resource, we would know the rate of RFEs received by category if people started doing so.

ak7419
03-15-2021, 12:23 PM
Are you considering submitting a service request or even contacting a senator? Not assuming you have not done it already, but generally wondering if anything is able to help trigger a response from USCIS to touch pending cases.
I submitted an SR a couple of months ago and waiting on hearing from T2 agent. I have not seen any movement on my case since I opened SR so I am not banking on it. I feel like they are processing cases in the order they were received. For example, if someone with 2010 PD sends in his application before yours with 2009 PD and even though your PD is earlier than theirs, USCIS is probably processing their application prior to yours. That's my hypothesis.

I honestly don't think SRs, senators or ombudsmen can help trigger movement in all cases but who knows?? That's the million dollar question.

Or could it be that TSC is allocating all its resources to process EB1 applications simliar to how it moved priority dates?

fishelusa
03-15-2021, 12:26 PM
The Eb1-I guys maintain a tracker for MSC with a sample space of > 500 people. According to it, 39% of the people that applied after October 1st are yet to get biometrics appointment. I follow it to get a general idea of approvals.

https://docs.google.com/spreadsheets/d/1MdwAQWPzI30czeabkPwrKH8LDutM4H-f3eATTfOkk6I/edit#gid=497246112

There are also a couple of Chinese telegram groups that crawl the USCIS case status page to figure out the rate of approvals. There is a decent spike in activity over the last couple of weeks. But, still a long way to go for them to not waste any GCs.

Any trackers for EB2 like above.

harapatta
03-15-2021, 12:48 PM
https://docs.google.com/spreadsheets/d/1C2VIhL85G9cCOJ5jkbXd1lQlrzoWVrm-kKnBc8zLHAc/edit#gid=0

longwaitgigu
03-15-2021, 01:05 PM
Question again
Does on receipt of i485 reflects employment based categories
Eb1, eb2, eb3?
Mine only shows date

Moveon
03-15-2021, 01:28 PM
Question again
Does on receipt of i485 reflects employment based categories
Eb1, eb2, eb3?
Mine only shows date

It should show in the "Preference classification" Box that is next to the "Priority Date "

LeoAugust
03-15-2021, 01:29 PM
Question again
Does on receipt of i485 reflects employment based categories
Eb1, eb2, eb3?
Mine only shows date

No. It does not have the EB category. I don't see it in my 485 receipt.

longwaitgigu
03-15-2021, 01:31 PM
Thankyou
I will check it tonight

Turbulent_Dragonfly
03-15-2021, 02:14 PM
I suspect NBC with MSC is heavily backlogged to process biometrics it seems. I applied in oct 2020 no update on biometrics schedule.

I got FP done in first week of Dec. I did apply in the first week of Oct though at the Dallas Lockbox and received a receipt from MSC. No EAD/AP approval yet, and my attorney thinks there is a chance they will issue the GC directly.

smuggymba
03-15-2021, 03:18 PM
I have been current since November and my case is TSC. I have not had any RFE since 2016. Still waiting to hear from TSC. I have no idea how they are issuing RFEs.

I am not expecting that I will receive GC in hand for another 3 months. My NSC counterparts have already received their GC two or three months ago.

That's harsh. I just got current (March 2010) so it seems we're in for no hope if ppl in november are still waiting. Damn.

qesehmk
03-15-2021, 03:37 PM
One more thing to thank Biden admin for.

Form I-944 (Declaration of self-sufficiency) not required anymore.

https://www.uscis.gov/i-944

EB2I_DEC2010
03-15-2021, 04:17 PM
Hello Everyone. I'm a first time poster here. First of all, thank you to all of you for provide well thought out, on-point advice to all who come here.

I'm EB2I with a DEC 2010 PD; filed for AoS in Oct 2020 (not TSC) and have received my EAD/AP after biometrics. Here is my question about the GC allocation process:

I've read some posts by GCseeker1999 on tr*ck*tt where it was mentioned that the GC issuance is prioritized according to the degree to which the applicant's paperwork has been processed. In detail, suppose there are 2 AoS applicants, both of whom are current per the VB. The first applicant has approved EAD/AP etc. while the second one is still awaiting his biometrics.

Is it true then, that the first applicant who has all his/her ducks lined up (all paperwork complete pending the GC interview) will be issued a GC before the 2nd applicant? In your experience, is there empirical evidence to justify the same?

Appreciate your thoughts, TIA.

inspired_p
03-15-2021, 05:05 PM
One more thing to thank Biden admin for.

Form I-944 (Declaration of self-sufficiency) not required anymore.

https://www.uscis.gov/i-944

This is awesome news ! Maybe its just good riddance of some inconvenience for EB community, but this had a lot of effect on the Family visa applications.

vsivarama
03-15-2021, 05:10 PM
This is awesome news ! Maybe its just good riddance of some inconvenience for EB community, but this had a lot of effect on the Family visa applications.

This is a nuisance for EB community as it effects less than 1% for EB applicants but slows down 100% of the applications. It was in put in place to slow down processing, as the previous admin could not legally deny issuing GCs to immigrants.

nbk1976
03-15-2021, 05:26 PM
https://docs.google.com/spreadsheets/d/1C2VIhL85G9cCOJ5jkbXd1lQlrzoWVrm-kKnBc8zLHAc/edit#gid=0

So, the TSC have approved virtually no cases even as back as Sept 2009 priority dates; they haven't even issued RFEs.

Spectator
03-15-2021, 05:29 PM
In case it gets lost in other postings, I've posted a summary of the FY2020 DOS Visa Report here (https://www.qesehmk.org/forums/showthread.php/2948-FY2020-DOS-Visa-Report?p=70853#post70853).

Here's the top level numbers:

FY2020-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 4,766 --- 3,118 --- 3,499 ----- 256 -- 1,564 --- 13,203
INDIA ---- 17,014 --- 2,599 --- 3,194 ----- 734 ---- 613 --- 24,154
MEXICO ---- 1,413 --- 1,613 --- 3,796 ----- 906 ----- 47 ---- 7,775
PHIL. ------- 271 --- 1,079 --- 3,411 ----- 236 ------ 9 ---- 5,006
ROW ------ 23,739 -- 34,718 -- 28,921 --- 8,274 -- 1,363 --- 97,015

TOTAL ---- 47,203 -- 43,127 -- 42,821 -- 10,406 -- 3,596 -- 147,153

Transformer
03-15-2021, 05:42 PM
Thanks Spec for posting the numbers. EB2 approvals are really ridiculous. They didn’t approve the allocated 2800 visas.

bones20
03-15-2021, 05:49 PM
As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

I am closing on an internal offer. However, the office location is different within bay area. Does it matter from a GC perspective?

Moveon
03-15-2021, 05:57 PM
I am closing on an internal offer. However, the office location is different within bay area. Does it matter from a GC perspective?

Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

SG2020
03-15-2021, 06:11 PM
Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

nbk1976
03-15-2021, 06:55 PM
....In your case you are in the same company, so you will not have to respond to it .


Always respond to an RFE--even if the info requested is trivial, irrelevant/immaterial to your case, or even if it was already submitted before.

ak7419
03-15-2021, 07:28 PM
So, the TSC have approved virtually no cases even as back as Sept 2009 priority dates; they haven't even issued RFEs.

that is true.

bones20
03-15-2021, 07:29 PM
Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .


I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

Thank you. Just spoke to the hiring manager. He is ok with keeping the current location. thanks!

usvisas
03-15-2021, 07:48 PM
The Eb1-I guys maintain a tracker for MSC with a sample space of > 500 people. According to it, 39% of the people that applied after October 1st are yet to get biometrics appointment. I follow it to get a general idea of approvals.

https://docs.google.com/spreadsheets/d/1MdwAQWPzI30czeabkPwrKH8LDutM4H-f3eATTfOkk6I/edit#gid=497246112

There are also a couple of Chinese telegram groups that crawl the USCIS case status page to figure out the rate of approvals. There is a decent spike in activity over the last couple of weeks. But, still a long way to go for them to not waste any GCs.

great find! thanks!

qesehmk
03-15-2021, 07:55 PM
In case it gets lost in other postings, I've posted a summary of the FY2020 DOS Visa Report here (https://www.qesehmk.org/forums/showthread.php/2948-FY2020-DOS-Visa-Report?p=70853#post70853).

Here's the top level numbers:

FY2020-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 4,766 --- 3,118 --- 3,499 ----- 256 -- 1,564 --- 13,203
INDIA ---- 17,014 --- 2,599 --- 3,194 ----- 734 ---- 613 --- 24,154
MEXICO ---- 1,413 --- 1,613 --- 3,796 ----- 906 ----- 47 ---- 7,775
PHIL. ------- 271 --- 1,079 --- 3,411 ----- 236 ------ 9 ---- 5,006
ROW ------ 23,739 -- 34,718 -- 28,921 --- 8,274 -- 1,363 --- 97,015

TOTAL ---- 47,203 -- 43,127 -- 42,821 -- 10,406 -- 3,596 -- 147,153



Thanks Spec. As always this is incredibly valuable.

bones20
03-15-2021, 08:21 PM
Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .


I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

Just an update: Spoke to the attorney. She suggested:
- to postpone the start date of the new job to after the 180 day i485 pending period to be on the safe side and that it is quite close in terms of time (end of April).
- I may also need to file i485j if there is material change in the job description.

longwaitgigu
03-16-2021, 09:58 AM
It should show in the "Preference classification" Box that is next to the "Priority Date "
It does not show in preference classification in mine

bones20
03-16-2021, 10:56 AM
Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

LeoAugust
03-16-2021, 11:22 AM
Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

calendar date. 04/29/2021 should be the joining date.

bones20
03-16-2021, 11:57 AM
calendar date. 04/29/2021 should be the joining date.

Thanks. Not sure though I understand:
Oct: 3 days
Nov: 30
Dec: 31
Jan: 31
Feb: 28
March: 31
Total: 154

So you need another 26 days in April. So a start date of 04/27 would honor the 180 day pending period, no?

android09
03-16-2021, 12:45 PM
Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

Wow, counting the specifics ! You must have a spectacular offer in hand or want to leave your employer real bad.

bones20
03-16-2021, 12:49 PM
Wow, counting the specifics ! You must have a spectacular offer in hand or want to leave your employer real bad.
Yes - the current job is no less than jail. Counting days - literally :) !

hariyalipremi
03-16-2021, 01:00 PM
Just put it in excel...do a formula for 180+receipt date..join the next day!