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bones20
03-16-2021, 01:15 PM
Just put it in excel...do a formula for 180+receipt date..join the next day!
Thats comes to 04/27/2021. Thank you!
ak7419
03-16-2021, 01:56 PM
Does anyone know if USCIS has to request visa for those applications that were filed in 2012? Also, does anyone know if USCIS makes these requests on a per-application basis or do they get a monthly quota? I understand this year is an exception and we have few extra available for employment-based applications. Is USCIS requesting visa on a lumpsum basis or monthly basis this year?
I came across this FAQ: https://www.qesehmk.org/forums/showthread.php/6-FAQs?p=2091&viewfull=1#post2091
Moveon
03-16-2021, 02:02 PM
Yes - the current job is no less than jail. Counting days - literally :) !
I know that feeling @bones20. But just play it safe , its just a day more .
Best of luck and hope your new job/group is less stressful and lets you grow .
incredible
03-16-2021, 02:19 PM
I know that feeling @bones20. But just play it safe , its just a day more .
Best of luck and hope your new job/group is less stressful and lets you grow .
Or if you have any vacation days left over, you could take it for the last week or so and then leave.
1312011_eb2I
03-16-2021, 02:21 PM
Hi Friends,
I was thinking about EAD and GC. Technically, purpose of EAD is to provide employment authorization while you are waiting for GC and if you don?t get GC within 6 months then you can continue using EAD. If this is the case then we all should get EAD before filing date + 180 days. Correct me if I am wrong fundamentally.
qesehmk
03-16-2021, 02:26 PM
Thats comes to 04/27/2021. Thank you!
@bones20 - I will say keep on good terms with your prior boss as you leave. Leave on nice terms even though you may have a volcano boiling inside. If nothing else, it will build your inner character in a way that will help your future career. All the best.
android09
03-16-2021, 02:34 PM
Yes - the current job is no less than jail. Counting days - literally :) !
All the best fellow traveler. As others have said, dont burn the bridges on the way out. While all of us can understand the frustrations, give yourself some legal space and not be tied to that 180 number unless absolutely critical. There is not a big difference between 180 and 185 or 190.
LeoAugust
03-16-2021, 02:47 PM
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?
yes 180 calendar days from RD.
bones20
03-16-2021, 03:03 PM
@bones20 - I will say keep on good terms with your prior boss as you leave. Leave on nice terms even though you may have a volcano boiling inside. If nothing else, it will build your inner character in a way that will help your future career. All the best.
All the best fellow traveler. As others have said, dont burn the bridges on the way out. While all of us can understand the frustrations, give yourself some legal space and not be tied to that 180 number unless absolutely critical. There is not a big difference between 180 and 185 or 190.
yes 180 calendar days from RD.
Thanks! Absolutely. I have no problems with my manager - we get along well. So no question of burning bridges. The job itself is bit of a rut we got into due to a reorg.
AceMan
03-16-2021, 04:11 PM
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
They missed only about 9000 visas overall.
bones20
03-16-2021, 04:31 PM
They missed only about 9000 visas overall.
Dont we have 261.5k visa available Fy20? 5.2k for each eb1,2,3-India?
asankaran
03-16-2021, 04:33 PM
They missed only about 9000 visas overall.
EB2 India didn't even get full quota of 2800 visa. What a shame, forget about spill over!!
AceMan
03-16-2021, 04:52 PM
Dont we have 261.5k visa available Fy20? 5.2k for each eb1,2,3-India?
EB2 India didn't even get full quota of 2800 visa. What a shame, forget about spill over!!
Those people would have downgraded and were given GC in EB3. You can see the Eb3 numbers it is more than 2803. Eb3-ROW was backlogged from February 2020.
Eb1 does not need any more visas this FY as they are current.
LeoAugust
03-16-2021, 05:37 PM
Those people would have downgraded and were given GC in EB3. You can see the Eb3 numbers it is more than 2803. Eb3-ROW was backlogged from February 2020.
Eb1 does not need any more visas this FY as they are current.
For FY21 there was 121K SO. Can we see the impact on EB2/3I in next report? It is very demoralizing looking at this report.
ak7419
03-16-2021, 06:18 PM
Those people would have downgraded and were given GC in EB3. You can see the Eb3 numbers it is more than 2803. Eb3-ROW was backlogged from February 2020.
Eb1 does not need any more visas this FY as they are current.
Aceman, are you saying that for example, EB2I candidates like me who filed in 2012 and waiting to get an RFE from TSC, were already given/assigned visa number?
AceMan
03-16-2021, 06:33 PM
Aceman, are you saying that for example, EB2I candidates like me who filed in 2012 and waiting to get an RFE from TSC, were already given/assigned visa number?
No, you are waiting for the visa number. You don't have one yet.
What I am proposing as a theory is people who downgraded from EB2 and got their GC in EB3 during the FY 2020 appears to be the key for missing numbers 2803-2599 = 204. It can also include people who may have upgraded to Eb1 as well. Nothing concrete to present it as an irrefutable fact.
ak7419
03-16-2021, 06:39 PM
No, you are waiting for the visa number. You don't have one yet.
What I am proposing as a theory is people who downgraded from EB2 and got their GC in EB3 during the FY 2020 appears to be the key for missing numbers 2803-2599 = 204. It can also include people who may have upgraded to Eb1 as well. Nothing concrete to present it as an irrefutable fact.
Thanks Aceman. Can you please clarify something for me? When you say I am waiting for visa number - does USCIS request this visa number when they blow the dust from my file or do they request monthly quota of visa numbers?
android09
03-16-2021, 07:51 PM
Thanks Aceman. Can you please clarify something for me? When you say I am waiting for visa number - does USCIS request this visa number when they blow the dust from my file or do they request monthly quota of visa numbers?
AceMan and others can confirm, but from what I have learned, the adjudicating officer after completion of the I-485 interview, requests the number from the system. Only when they are ready to approve the case.
Moveon
03-16-2021, 08:09 PM
AceMan and others can confirm, but from what I have learned, the adjudicating officer after completion of the I-485 interview, requests the number from the system. Only when they are ready to approve the case.
Yes think of it as an account into which Visa numbers are added . This year the admin decided to SO early in the year rather than wait till the last Quarter so the account has many visas. This account is based on ROW , India , China etc. After all the process is completed the officer requests for a number and if there is/are numbers left in the account for the primary and dependents it will be assigned and the case moves to approved and the card(s) is issued . Else Its Pre-adjudicated and will lead to a faster process when the account is refilled .
That is why you need to respond to the RFE ASAP. I feel bad for the TX Service Center folks as they are getting penalized for no fault of theirs. People way behind them (I included ) have filed their RFEs and some even getting GCs with Nov 2009 PDs, while they wait for their RFEs with PD in September. Now if Visa numbers get exhausted in the coming months people with earlier PDs need to wait for the next fiscal SO. its a double whammy for these folks. First Screwed by Country quota and then having been assigned to TX Service Center. Wishing them luck , I hope the system corrects in the coming weeks.
nbk1976
03-16-2021, 11:01 PM
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.
If you have responded to the RFEs and you are current now, it should not take more than 30 days for them to approve your application. That has been the pattern.
Which is your service center?
nbk1976
03-16-2021, 11:08 PM
AceMan and others can confirm, but from what I have learned, the adjudicating officer after completion of the I-485 interview, requests the number from the system. Only when they are ready to approve the case.
Are interviews being held for all AOS applicants? I thought that they are interviewing only folks that filed after March 6, 2017.
skpanda
03-17-2021, 12:44 AM
Thanks! Absolutely. I have no problems with my manager - we get along well. So no question of burning bridges. The job itself is bit of a rut we got into due to a reorg.
You have put up for so many years, my suggestion would be wait atleast a week extra just to be sure and avoid borderline concerns and possible flags for the USCIS adjudicator.
Good luck!
Moveon
03-17-2021, 01:47 AM
Are interviews being held for all AOS applicants? I thought that they are interviewing only folks that filed after March 6, 2017.
From what I read , they are not calling any of the 2012 filers for interviews. Even post 2017 are getting exemption .
Moveon
03-17-2021, 01:48 AM
If you have responded to the RFEs and you are current now, it should not take more than 30 days for them to approve your application. That has been the pattern.
Which is your service center?
Thanks . I am at NSC .
ak7419
03-17-2021, 10:02 AM
Yes think of it as an account into which Visa numbers are added . This year the admin decided to SO early in the year rather than wait till the last Quarter so the account has many visas. This account is based on ROW , India , China etc. After all the process is completed the officer requests for a number and if there is/are numbers left in the account for the primary and dependents it will be assigned and the case moves to approved and the card(s) is issued . Else Its Pre-adjudicated and will lead to a faster process when the account is refilled .
That is why you need to respond to the RFE ASAP. I feel bad for the TX Service Center folks as they are getting penalized for no fault of theirs. People way behind them (I included ) have filed their RFEs and some even getting GCs with Nov 2009 PDs, while they wait for their RFEs with PD in September. Now if Visa numbers get exhausted in the coming months people with earlier PDs need to wait for the next fiscal SO. its a double whammy for these folks. First Screwed by Country quota and then having been assigned to TX Service Center. Wishing them luck , I hope the system corrects in the coming weeks.
Hi @Moveon - I don't want to offend anyone and everyone deserves GC as it is not a privilege. My question is, do you think there is a possibility that folks who filed/downgraded in October and if they are current right now, they have better possibility of getting a GC than folks who are stuck at TSC since 2012? Is it because downgraded folks' applications are low-hanging fruit? They don't need medicals, 485J etc and interviews are also getting exempted - is that the reason?
vsivarama
03-17-2021, 10:31 AM
Hi @Moveon - I don't want to offend anyone and everyone deserves GC as it is not a privilege. My question is, do you think there is a possibility that folks who filed/downgraded in October and if they are current right now, they have better possibility of getting a GC than folks who are stuck at TSC since 2012? Is it because downgraded folks' applications are low-hanging fruit? They don't need medicals, 485J etc and interviews are also getting exempted - is that the reason?
downgrade folks in October are anything but low hanging fruit. I don't know what you mean by no medicals, I am assuming that you mean that their medicals have not expired. Even with that there are a few roadblocks. i) their i-140 needs to be approved. Does not matter if your date is current, if your i140 is not approved you are not getting a GC. ii) They need to get their fingerprinting done. There are still lots of folks who have not had their fingerprinting done. iii) After fingerprinting they need to run it through FBI database for a background check, which usually takes 6 - 8 weeks. The folks who have applied in 2012 only need to submit their medicals/485J and rest of their file in in order.
Moveon
03-17-2021, 10:35 AM
Hi @Moveon - I don't want to offend anyone and everyone deserves GC as it is not a privilege. My question is, do you think there is a possibility that folks who filed/downgraded in October and if they are current right now, they have better possibility of getting a GC than folks who are stuck at TSC since 2012? Is it because downgraded folks' applications are low-hanging fruit? They don't need medicals, 485J etc and interviews are also getting exempted - is that the reason?
Those who downgraded are not from the 2012 filers . Those who did are the ones who wanted to get the EAD (Bird in hand) . But they will need to wait as their application needs to processed from scratch . YOu are a 2012 filer and just need your RFE to be issued and submitted to the USCIS.
If you have not changed employers since the last RFE, you could get the GC withing 2-3 weeks of submitting the RFE as your Sept date is way past the current dates . If have changed employers since the last RFE ,it might add a week as they need to update your case with the supplement-J .
2012 filers have to wait few weeks (as less as 2-3 ) as the case is mostly Pre-adjudicated others might have a wait of few months.
rocketfast
03-17-2021, 11:06 AM
Good thing is that none of the October filers' applications have gone to TSC. It is either NBC, Nebraska or SRC (another texas center).
ak7419
03-17-2021, 11:06 AM
Those who downgraded are not from the 2012 filers . Those who did are the ones who wanted to get the EAD (Bird in hand) . But they will need to wait as their application needs to processed from scratch . YOu are a 2012 filer and just need your RFE to be issued and submitted to the USCIS.
If you have not changed employers since the last RFE, you could get the GC withing 2-3 weeks of submitting the RFE as your Sept date is way past the current dates . If have changed employers since the last RFE ,it might add a week as they need to update your case with the supplement-J .
2012 filers have to wait few weeks (as less as 2-3 ) as the case is mostly Pre-adjudicated others might have a wait of few months.
Thank you @Moveon and @vsivarama. Most of 2012 TSC folks have not received RFE and wondering whether TSC is busy issuing receipts for downgraded folks (~400K) and that is what is keeping them busy or dedicating its resources to processing EB1 cases because they want to clear it first?!
phkb2020
03-17-2021, 11:27 AM
Sorry about an off topic post but posting here due to the activity on this thread.
I mailed in my EAD/AP renewal documents to Dallas Lockbox last week, but it looks like USPS has lost my mail (or hopefully just delayed). Tracking shows 'In transit - delay' for last few days. I am going to wait for another week or so to see if the documents get delivered. If I don't see an update by then, can I just mail the documents again? What happens if USCIS receives multiple applications? Will they just reject the one received later? Any anyone had any experience with something like this?
This is our 7th EAD application, last renewal we got RFE for pics (and 1 year extension instead of 2) and now this !
phkb2020
03-17-2021, 11:30 AM
Good thing is that none of the October filers' applications have gone to TSC. It is either NBC, Nebraska or SRC (another texas center).
I think TSC and SRC are same. Texas Service center issues receipts starting with SRC...
mitul75
03-17-2021, 11:39 AM
Thank you @Moveon and @vsivarama. Most of 2012 TSC folks have not received RFE and wondering whether TSC is busy issuing receipts for downgraded folks (~400K) and that is what is keeping them busy or dedicating its resources to processing EB1 cases because they want to clear it first?! I am following Trackitt and saw one EB2 September 2009 (TSC) candidate getting an RFE for I-485 Supplement J + Medical. It may vary well be a one off case, but keeping my fingers crossed. Sometimes, when it rains, it pours...in a good way that is :-)
https://www.trackitt.com/usa-discussion-forums/i485-eb/2138061663/tsc-only-eb2-india-candidates-who-became-cu/page/last_page
Moveon
03-17-2021, 11:46 AM
Thank you @Moveon and @vsivarama. Most of 2012 TSC folks have not received RFE and wondering whether TSC is busy issuing receipts for downgraded folks (~400K) and that is what is keeping them busy or dedicating its resources to processing EB1 cases because they want to clear it first?!
TSC has historically been a lot slower than NSC. Not sure why. Could it just be the attitude towards immigration ? If not why would they have not fixed it long ago.
I really hope that no visas are wasted, it would be a criminal waste . Again plz reach out to your members of congress to appraise them of the situation and request the USCIS to issue all GCs for this fiscal. There is not much time left . Be polite and don't trash past policies or leaders .
I had posted this earlier https://www.qesehmk.org/forums/showthread.php/2817-EB2-3-Predictions-(Rather-Calculations)/page355
we need to have both political and Biz pressure . I will repeat this Please mail your members of congress , it won't take more then 10 mins .
If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .
If it helps you guys , I just framed a response that you could copy paste . So should not take you more than 2-3 mins to send this out . Please do send it ASAP .
Senators : https://www.senate.gov/general/conta...nators_cfm.cfm
Representative : https://www.senate.gov/senators/senators-contact.htm
There is a web form where you put your name and address and in a text box your grievance (Pick "Immigration" from the category drop box) . Copy paste the same for the two senators and your congress person.
Dear <Name of your Representative /Senator>
I would like to draw your attention to the plight of backlogged Indian and Chinese immigrants in the Employment Based Categories 2 and 3 (EB2/EB3) . Hundreds of thousands of us along with our families have a predicted wait of 10s of years due to the broken immigration laws that put legal immigrants coming from India and China at a severe disadvantage. Many of them will sadly age out by the time they get their Green Cards.
This Immigration Fiscal (Oct-2020 to Sept-2021) there is a Spillover of 120K Green Cards into the Employment Category that must be utilized by September 2021, effectively making this a "use it or lose it " case. Over the last 2 bulletins the dates have been moved significantly thanks to the intervention of the new leadership at the DHS. But precious time was lost at the start of the fiscal where dates were stalled.
I kindly request that you use what ever is in your power to request the USCIS enable the forward movement of Green Cards for India/China EB-2 and EB-3 in the coming bulletins as with the current rate it seems unlikely that they will be able to issue the 120K extra green cards in the employment based categories by September. We are not requesting any extra Green Cards or for a special legislation. We are only requesting the USCIS to commit on not wasting a single employment based visa this fiscal and the coming . I hope that you would be able to contact the USCIS and get their commitment to not waste any employment based Green Cards and to advance the "Final Action" dates for India and China EB2/3 .
Sincerely ,
<Your Name + dependents>
rocketfast
03-17-2021, 11:56 AM
I think TSC and SRC are same. Texas Service center issues receipts starting with SRC...
Oops. My bad. SRC also has the lowest biometrics appointments going out for October filers.
android09
03-17-2021, 11:57 AM
TSC has historically been a lot slower than NSC. Not sure why. Could it just be the attitude towards immigration ? If not why would they have not fixed it long ago.
I really hope that no visas are wasted, it would be a criminal waste . Again plz reach out to your members of congress to appraise them of the situation and request the USCIS to issue all GCs for this fiscal. There is not much time left . Be polite and don't trash past policies or leaders .
Asking out of ignorance, how do you know which service center is processing your case? For my 485, it says USCIS National Benefits Center in Lee's Summit MO. How do we find out which Service Center is the case part of ?
AceMan
03-17-2021, 11:57 AM
Hi @Moveon - I don't want to offend anyone and everyone deserves GC as it is not a privilege. My question is, do you think there is a possibility that folks who filed/downgraded in October and if they are current right now, they have better possibility of getting a GC than folks who are stuck at TSC since 2012? Is it because downgraded folks' applications are low-hanging fruit? They don't need medicals, 485J etc and interviews are also getting exempted - is that the reason?
Unfortunately downgrade is not black and white. The question you have asked is now hindsight. People who downgraded in October 2010 had to see dates moving 1 day, 2 days for nearly 2 years and they have every right to get out from the rut.
I only made my critical points against downgrading after January bulletin, when they stopped accepting filing dates. All these documents I-944, I-693, I-485, I-485J, I-131, I-765, I-140 (downgrades) are just going to take time to process. And all the downgrades are sent to TSC which in turn screwed up you guys.
They could have very least moved EB2 I dates to May 2010 back in July 2020, which would at the very minimum greened people like you, idliman, smuggymba few people I remember waiting.
But all I got branded as obnoxious, selfish and what not.
LeoAugust
03-17-2021, 12:14 PM
https://www.youtube.com/watch?v=_A7jX4Xvi9Y
FY22 275K from CO
E. @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. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case, or post specific questions will be accepted.
bikenlalan
03-17-2021, 12:28 PM
Was just hearing Charlie Oppenheim and a question was put up to him about the future date movement for EB-2 and EB-3 and he responded, for EB-2/3 I and C, he expects to move the dates aggressively for the next few months.
rocketfast
03-17-2021, 12:28 PM
Summary of CO's talk:
* Approvals will "skyrocket" next half of year.
* Fall downs from EB1 will come to EB2 soon.
* EB2 and EB3 dates will accelerate.
* EB2 and EB3 will likely reach their final action date this year (But, he did say that he doesn't yet have the visibility into downgrade cases filed on october)
* He has been talking every month with USCIS to use up their numbers.
* He expects huge spillover next year too. Minimum of 275k (I don't understand how he is getting that number)
gcconnect
03-17-2021, 12:43 PM
Dramatic movement for EB2I for the coming months :o
Wizoz2
03-17-2021, 12:49 PM
Summary of CO's talk:
* Approvals will "skyrocket" next half of year.
* Fall downs from EB1 will come to EB2 soon.
* EB2 and EB3 dates will accelerate.
* EB2 and EB3 will likely reach their final action date this year (But, he did say that he doesn't yet have the visibility into downgrade cases filed on october)
* He has been talking every month with USCIS to use up their numbers.
* He expects huge spillover next year too. Minimum of 275k (I don't understand how he is getting that number)
I see only one reason for TSC not sending RFEs based on this info, openly defying and deliberately wasting numbers.
AceMan
03-17-2021, 12:52 PM
Summary of CO's talk:
* Approvals will "skyrocket" next half of year.
* Fall downs from EB1 will come to EB2 soon.
* EB2 and EB3 dates will accelerate.
* EB2 and EB3 will likely reach their final action date this year (But, he did say that he doesn't yet have the visibility into downgrade cases filed on october)
* He has been talking every month with USCIS to use up their numbers.
* He expects huge spillover next year too. Minimum of 275k (I don't understand how he is getting that number)
Do not underestimate the interfilers. They will still use up their numbers in an attempt to jump back messing up Charlie's calculations.
AceMan
03-17-2021, 12:56 PM
If any body is logged in the Charlies chat, please ask why his database cannot identify the EB2/EB3 applicants based on A number?
rocketfast
03-17-2021, 01:00 PM
If any body is logged in the Charlies chat, please ask why his database cannot identify the EB2/EB3 applicants based on A number?
Don't know whether this answers your question, but he said that only once USCIS presses a button, a application enters his database. And it usually takes some time after you file at USCIS that he gets that information.
AceMan
03-17-2021, 01:10 PM
Don't know whether this answers your question, but he said that only once USCIS presses a button, a application enters his database. And it usually takes some time after you file at USCIS that he gets that information.
No, he was stating earlier that he cannot figure out a person is on Eb2 or EB3 if he has multiple petitions in his database. I was trying to see if he can get the information using A number.
ak7419
03-17-2021, 01:24 PM
No, he was stating earlier that he cannot figure out a person is on Eb2 or EB3 if he has multiple petitions in his database. I was trying to see if he can get the information using A number.
Don't we have any ex-trackitters or qeshehmkers working at USCIS? :)
whereismygc
03-17-2021, 01:35 PM
Pretty much what we have been predicting except we are very confident that the spillover next year wont be 275K. Perhaps CO meant total visa available (which would mean spillover could be 135K.
Summary of CO's talk:
* Approvals will "skyrocket" next half of year.
* Fall downs from EB1 will come to EB2 soon.
* EB2 and EB3 dates will accelerate.
* EB2 and EB3 will likely reach their final action date this year (But, he did say that he doesn't yet have the visibility into downgrade cases filed on october)
* He has been talking every month with USCIS to use up their numbers.
* He expects huge spillover next year too. Minimum of 275k (I don't understand how he is getting that number)
vsivarama
03-17-2021, 01:38 PM
As per Charlie FY 2022 available visas for EB could be a minimum of 275K! Hope that comes true. A lot of 2012, 2013 and 2014 folks can see some relief.
AceMan
03-17-2021, 01:50 PM
As per Charlie FY 2022 available visas for EB could be a minimum of 275K! Hope that comes true. A lot of 2012, 2013 and 2014 folks can see some relief.
All of the people who have filed in October 2020 should be greened some time next FY, my estimate would be start of 3rd quarter April 2022.
ak7419
03-17-2021, 01:56 PM
All of the people who have filed in October 2020 should be greened some time next FY, my estimate would be start of 3rd quarter April 2022.
and all TSC folks who filed in 2012 who became current five or six months ago will continue to wait for their RFE to be issued...lol
vsivarama
03-17-2021, 02:13 PM
and all TSC folks who filed in 2012 who became current five or six months ago will continue to wait for their RFE to be issued...lol
All pressure is now on USCIS as Charlie said that we will likely see aggressive movement from now on. They are telling USCIS that they somehow need to clean up their act and figure out how to use up the numbers as DHS will give them no more cover. As more days pass a lot more backlogged folks will start making some noise by escalating via their congressmen. That should wake up TSC from their deep slumber.
bluelabel
03-17-2021, 02:19 PM
Hello Guys,
My Lawyer is not responding so I would like to send the RFE answer by myself. I was asked for I-485 supplement J, new passport, medical exam, G325A and EAD copies. Is it a good idea to answer RFE by myself or hire a new one? I got Supplement J signed by my HR representative.
Also what is the address that we need to send these documents to? I got RFE from NSC.
AceMan
03-17-2021, 02:30 PM
and all TSC folks who filed in 2012 who became current five or six months ago will continue to wait for their RFE to be issued...lol
RFE for expired medicals is another subject where I have strong opinion after the downgrades. The entire concept of medicals after living in US for a decade is a classic example of waste.
AceMan
03-17-2021, 02:59 PM
Hello Guys,
My Lawyer is not responding so I would like to send the RFE answer by myself. I was asked for I-485 supplement J, new passport, medical exam, G325A and EAD copies. Is it a good idea to answer RFE by myself or hire a new one? I got Supplement J signed by my HR representative.
Also what is the address that we need to send these documents to? I got RFE from NSC.
RFE has about 90 days to respond. Is it the case of lawyer not responding to you even after 75 days and you want to send it yourself?
Let the people you or your company hired and paid for do their job if the above line I said is not true.
Turbulent_Dragonfly
03-17-2021, 03:11 PM
Charlie O is a pretty cool dude to come and do the YouTube chat. Refreshing to see such a change and transparency at least in the allocation process. I think it would do good for everyone to realize that CO can only allocate the visas and USCIS has to consume them. Hopefully they can start issuing GCs at breakneck pace moving forward. It would be awesome if we do get to the 275k total numbers that Charlie projected for next fiscal which would massively move the FADs. I sincerely wish people in 2013-14-15+ etc don't have to wait 11 years like some of us have had to.
Transformer
03-17-2021, 03:23 PM
Charlie mentioned that he is going to do this on a monthly basis (around 5th day after VB is released) is a very good sign. Hope USCIS follows his foot steps.
qesehmk
03-17-2021, 03:23 PM
Charlie O is a pretty cool dude to come and do the YouTube chat. Refreshing to see such a change and transparency at least in the allocation process. I think it would do good for everyone to realize that CO can only allocate the visas and USCIS has to consume them. Hopefully they can start issuing GCs at breakneck pace moving forward. It would be awesome if we do get to the 275k total numbers that Charlie projected for next fiscal which would massively move the FADs. I sincerely wish people in 2013-14-15+ etc don't have to wait 11 years like some of us have had to.
Charlie most definitely is a good guy. He is bound by the system he works in. But IMHO he has always tried his best to be helpful to the immigrant community and at the very least maintain as much transparency as he could.
It would be a good idea for everybody to thank him if you found the video useful.
AceMan
03-17-2021, 03:27 PM
Charlie most definitely is a good guy. He is bound by the system he works in. But IMHO he has always tried his best to be helpful to the immigrant community and at the very least maintain as much transparency as he could.
It would be a good idea for everybody to thank him if you found the video useful.
Yes, his answers very clear, He clearly said the interview waiver is a policy decision and he cannot control it.
pramod
03-17-2021, 04:28 PM
Considering Apr bulletin dates and Charile's words, is it fair to estimate EB2 at May 2011 and EB3 at Dec 2011 by September 2021 bulletin?
Any expert thoughts?
Justmyself
03-17-2021, 04:53 PM
Considering Apr bulletin dates and Charile's words, is it fair to estimate EB2 at May 2011 and EB3 at Dec 2011 by September 2021 bulletin?
Any expert thoughts?
Didn?t he say dates in Chart B which puts EB3I at 2014. With an EB3I PD of March 2011, we must be expecting a GC before an EAD looks like. Incidentally, our biometrics are scheduled for tomorrow and in 10 days we?d be celebrating a decade long wait.
Mgajsk
03-17-2021, 04:53 PM
Hearing Charlie Oppenheim explain the spill over processes and interpretation of the INA laws now.
I have to say...
Gurus in this forum , @qesehmk ,@vsivarama and others I cant remember the names.. have been bang on target in estimating the spillover, future PD movement !!! Kudos to all of you and thank you all for your contributions.
xeqtr85
03-17-2021, 04:56 PM
Hi - Due to certain personal reasons I was not able to focus on immigration or GC related matters back in Oct-Nov timeframe. My priority date is EB2 Jan 2012. So I missed filing my EB3 downgrade application and I485; with all the predictions now and recent updates from Charlie does it make sense to just wait and file my I485 directly in EB2 when the final action dates or filing dates are current. From all that I have read and understood there seems to be a good chance of my EB2 date being current in FAD itself later this fiscal year or early next fiscal year.
Just wanted few other educated opinions on if there's any reason I should downgrade to EB3 when filing dates or final action dates in that category allow me to? Why add the extra EB3 I140 downgrade application step to my situation now; again this is very specific to my priority date of EB2 Jan 2012 and how I was not able to downgrade back in Oct last year. Appreciate any inputs.
qesehmk
03-17-2021, 05:18 PM
Hearing Charlie Oppenheim explain the spill over processes and interpretation of the INA laws now.
I have to say...
Gurus in this forum , @qesehmk ,@vsivarama and others I cant remember the names.. have been bang on target in estimating the spillover, future PD movement !!! Kudos to all of you and thank you all for your contributions.
See that's the beauty of Data based approach to predictions and forecast. If better data was available, then even better predictions are possible.
vsivarama
03-17-2021, 06:18 PM
Just wanted few other educated opinions on if there's any reason I should downgrade to EB3 when the filing dates or final action dates in that category allow me to? Why add the additional EB3 I140 application approval to my situation; again this is very specific to my priority date of EB2 Jan 2012 and how I was not able to downgrade back in Oct last year. Appreciate any inputs.
CO seems to be certain that there will be at least a total of 275K GCs available in EB category next year. With EB1 current and EB2 getting both vertical and horizontal SO I would say it would be advantageous if you stayed put in EB2. Again it's just my opinion based on new facts that came into light, so take it for what it's worth. Downgrade (for folks like us) made sense back in October, as we did not know about the potential SO numbers for FY2022 and also had no idea how the future rules in H1 would shape up under Stephen Miller's watch. Now that I know the estimate of future SO numbers, I will stick to my downgraded EB3 (my PD is similar to yours). It's a waste of USCIS' time to interfile back to EB2 as @aceman would put it.
inspired_p
03-17-2021, 06:26 PM
CO seems to be certain that there will be at least a total of 275K GCs available in EB category next year. With EB1 current and EB2 getting both vertical and horizontal SO I would say it would be advantageous if you stayed put in EB2. Again it's just my opinion based new facts that came into light, so take it for what it's worth. Downgrade (for folks like us) made sense back in October, as we did not know about the potential SO numbers for FY2022 and also had no idea how the future rules in H1 would shape up under Stephen Miller's watch. Now that I know the estimate of future SO numbers, I will stick to my downgraded EB3 (my PD is similar to yours). It's a waste of USCIS' time to interfile back to EB2 as @aceman would put it.
I think biggest missing gap here is the processing speed of USCIS and visa wastage.
Charlie O hopefully keeps moving the dates and puts pressure on USCIS as he has indicated in the interview but if USCIS don't process the visas fast enough, Charlie O then slows down the movement based on that , it will stay advantageous for EB3 next year as well.
Noesis
03-17-2021, 06:31 PM
Gurus,
I downgraded from EB2 to EB3 in December; my PD is December 2012. I haven't changed the employer since I joined them more than a decade back.
Question: when filing EB3 i140, I asked the company attorney about processing it in premium and they refused that my case cannot be processed in Premium but didn't give any reason even after I asked a couple times. Can anyone please guide if that is really the case or if they were just trying to avoid filing it in premium.? my case is at Nebraska and I see that current processing times for EB3 i140 is 5 months+ and after today's CO YouTube Live, I am overoptimistic that FAD for EB3 would most likely hit End of 2012 before this Fiscal and wanted to see that my EB3 i140 is approved well before then. Could anyone please give me some advice?
xeqtr85
03-17-2021, 06:34 PM
CO seems to be certain that there will be at least a total of 275K GCs available in EB category next year. With EB1 current and EB2 getting both vertical and horizontal SO I would say it would be advantageous if you stayed put in EB2. Again it's just my opinion based new facts that came into light, so take it for what it's worth. Downgrade (for folks like us) made sense back in October, as we did not know about the potential SO numbers for FY2022 and also had no idea how the future rules in H1 would shape up under Stephen Miller's watch. Now that I know the estimate of future SO numbers, I will stick to my downgraded EB3 (my PD is similar to yours). It's a waste of USCIS' time to interfile back to EB2 as @aceman would put it.
Agreed; esp. what you said about the change in the situation since Oct and more information available now.
gs1968
03-17-2021, 06:38 PM
I think biggest missing gap here is the processing speed of USCIS and visa wastage.
Charlie O hopefully keeps moving the dates and puts pressure on USCIS as he has indicated in the interview but if USCIS don't process the visas fast enough, Charlie O then slows down the movement based on that , it will stay advantageous for EB3 next year as well.
As Spec's post a few days ago stated the USCIS issued 147K GCs against an available limit of 156K for FY20. The current 262K is a 90% increase in annual numbers and is definitely a big jump. This would require a significant upgrade in infrastructure and manpower which at least so far we have not seen. Charlie O set an ambitious target for them to achieve and we have to see how they respond in the next 6 months
Secur_nwing
03-17-2021, 06:54 PM
I am in the same boat as you, my renewal last year I got an RFE for pics and I got only a one year extension. I filed renewal within 2 weeks of the 180 day window with TSC, hoping I can get the receipt in time to be able to get my employer to extend my employment for 180 days beyond EAD expiry
SG2020
03-17-2021, 06:58 PM
Gurus,
I downgraded from EB2 to EB3 in December; my PD is December 2012. I haven't changed the employer since I joined them more than a decade back.
Question: when filing EB3 i140, I asked the company attorney about processing it in premium and they refused that my case cannot be processed in Premium but didn't give any reason even after I asked a couple times. Can anyone please guide if that is really the case or if they were just trying to avoid filing it in premium.? my case is at Nebraska and I see that current processing times for EB3 i140 is 5 months+ and after today's CO YouTube Live, I am overoptimistic that FAD for EB3 would most likely hit End of 2012 before this Fiscal and wanted to see that my EB3 i140 is approved well before then. Could anyone please give me some advice?
I was in the same boat. Fragomen recommended not to do it as it can get denied. However, I confirmed with Fragomen that the underlying application is not impacted even if the premium processing request is denied. Also, there is a small possibility that USCIS may not return the PP fee if they deny the request. So if you are OK with the risk of losing that fee, ask your lawyer to submit the request. I am going to wait these next couple of bulletins to see how the dates move in relation to I-140 processing times. Once I am closer to my date, I will submit the PP request as well if needed. My I-140 was received on Nov 4...so it will be 6+ months in May.
SG2020
03-17-2021, 07:08 PM
Folks -
MY PD is May 17, 2011 and I applied for an EB3 downgrade last year. My applications' receipt date is Nov 4, 2020. I have not received the fingerprinting notice yet.
My Indian passport expires in November this year. Can anyone share their suggestions for when I should apply for renewal? Right away or after a certain milestone in the GC process? Here are the things I was considering and will appreciate your thoughts on:
1. When is a passport needed in the process: Is it required for biometrics or can a driver's license be used? What are the other stages when a passport is required?
2. Any paperwork or changes to application/ notification to USCIS needed when a new passport arrives?
3. How long does it take to renew the passport through the normal process (since this situation may not qualify for Tatkal) in SF or NY? Does the current passport have to be sent at the time of renewal?
Moveon
03-17-2021, 07:58 PM
Folks -
MY PD is May 17, 2011 and I applied for an EB3 downgrade last year. My applications' receipt date is Nov 4, 2020. I have not received the fingerprinting notice yet.
My Indian passport expires in November this year. Can anyone share their suggestions for when I should apply for renewal? Right away or after a certain milestone in the GC process? Here are the things I was considering and will appreciate your thoughts on:
1. When is a passport needed in the process: Is it required for biometrics or can a driver's license be used? What are the other stages when a passport is required?
2. Any paperwork or changes to application/ notification to USCIS needed when a new passport arrives?
3. How long does it take to renew the passport through the normal process (since this situation may not qualify for Tatkal) in SF or NY? Does the current passport have to be sent at the time of renewal?
SF took about 3 weeks back in Dec last year via normal process . Please renew the passport on Tatkal if you feel anxious , you need it for the GC especially if you are the Primary .
Moveon
03-17-2021, 08:07 PM
I was in the same boat. Fragomen recommended not to do it as it can get denied. However, I confirmed with Fragomen that the underlying application is not impacted even if the premium processing request is denied. Also, there is a small possibility that USCIS may not return the PP fee if they deny the request. So if you are OK with the risk of losing that fee, ask your lawyer to submit the request. I am going to wait these next couple of bulletins to see how the dates move in relation to I-140 processing times. Once I am closer to my date, I will submit the PP request as well if needed. My I-140 was received on Nov 4...so it will be 6+ months in May.
My Friend applied for Premium I-140 2 months ago and got approved in 10 days for EB3-I. Companies don't want to pay the extra fees and Lawyers will parrot what their Clients tell them to . Tell your employer that you will bear the expense. In all my years, companies have not borne the premium expense unless you are a long term employee and your VP/SVP signs off on it . But the moment you tell them that you will pay the difference they seem to be OK. As far as I know only EB-I does not allow for premium atleast for the manager category . Pay the difference and get the I-140 done and sleep well for 6 months :) .
xeqtr85
03-17-2021, 08:23 PM
As Spec's post a few days ago stated the USCIS issued 147K GCs against an available limit of 156K for FY20. The current 262K is a 90% increase in annual numbers and is definitely a big jump. This would require a significant upgrade in infrastructure and manpower which at least so far we have not seen. Charlie O set an ambitious target for them to achieve and we have to see how they respond in the next 6 months
Not quite sure how much USCIS manpower is taken exactly by all the family GC petitions; but if EB is getting all these spillover doesn't USCIS save all the time usually spent on family GCs in the fiscal year.
gs1968
03-17-2021, 08:38 PM
Not quite sure how much USCIS manpower is taken exactly by all the family GC petitions; but if EB is getting all these spillover doesn't USCIS save all the time usually spent on family GCs in the fiscal year.
The USCIS is involved in the first step of the FB process when a principal applicant (usually US Based) applies for I-130. After the I-130 is approved the process shifts to the DOS. Current I-130 processing times are between 11-15 months. This has remained fairly static over time and the overseas embassy closure and travel ban should not affect this. It does not appear like the USCIS stopped receiving/processing these applications during this period.
rsnake
03-17-2021, 08:43 PM
Not quite sure how much USCIS manpower is taken exactly by all the family GC petitions; but if EB is getting all these spillover doesn't USCIS save all the time usually spent on family GCs in the fiscal year.
As CO said today, 90 to 95% of FB visas are processed abroad, and the rest are AOS from the US. So very less manpower is saved on USCIS' side.
Transformer
03-17-2021, 08:51 PM
you need it for the GC especially if you are the Primary .
If I am not wrong, you need to have a valid passport when you apply for 485. After that you don’t need it from GC perspective. DL is enough for finger printing. Could you please tell what else you need it for?
xeqtr85
03-17-2021, 09:00 PM
The USCIS is involved in the first step of the FB process when a principal applicant (usually US Based) applies for I-130. After the I-130 is approved the process shifts to the DOS. Current I-130 processing times are between 11-15 months. This has remained fairly static over time and the overseas embassy closure and travel ban should not affect this. It does not appear like the USCIS stopped receiving/processing these applications during this period.
In that case hope USCIS would internally figure out an optimal solution here; focus their processing capacity efficiently and not waste too much of the SO. Given the bottleneck of family based petitions waiting for consular processing.
AceMan
03-17-2021, 09:00 PM
CO seems to be certain that there will be at least a total of 275K GCs available in EB category next year. With EB1 current and EB2 getting both vertical and horizontal SO I would say it would be advantageous if you stayed put in EB2. Again it's just my opinion based on new facts that came into light, so take it for what it's worth. Downgrade (for folks like us) made sense back in October, as we did not know about the potential SO numbers for FY2022 and also had no idea how the future rules in H1 would shape up under Stephen Miller's watch. Now that I know the estimate of future SO numbers, I will stick to my downgraded EB3 (my PD is similar to yours). It's a waste of USCIS' time to interfile back to EB2 as @aceman would put it.
This might be most agreeable post of yours for me after some shadow boxing few weeks back. It was obvious that in October 2020 EAD was a bird in hand and there was no information that Eb1 India will be current by the end of 2nd quarter. I am happy that you got the gist of comment regarding interfile.
But in future if Eb2 moves fast you have every reason to utilize the available path which can get your GC faster. Don?t worry, I will still be throwing darts to show my displeasure at it. Good luck dear, once we get GC we should have an alumni meet of Q - 20s for people greened in this decade.
gs1968
03-17-2021, 09:20 PM
In that case hope USCIS would internally figure out an optimal solution here; focus their processing capacity efficiently and not waste too much of the SO. Given the bottleneck of family based petitions waiting for consular processing.
It would make the most sense but I think the USCIS is a single speed pony usually cantering with the occasional trot but never capable of a full speed gallop.
qesehmk
03-17-2021, 09:24 PM
cantering with the occasional trot but never capable of a full speed gallop.
LoL !! Now I am really curious about your background!!
pdc2013
03-17-2021, 11:01 PM
Hi All,
New to this forum, just learned about CO prediction about SO in 2021 FY.
Im in a unique situation, please help me. My PD is Nov 2013. I missed the bus last year when DOF was current and could not file I485 due to job change as previous employer did not support.
Currently working with a consulting firm, which filed PWD and client project is done.
I now have 2 job offers, 1) current consulting firm with new project 2) Full time job offer
Have to decide between 2 offers, what will you suggest, given CO info and New wage rule going in effect from July 2021.
Djidondon
03-17-2021, 11:41 PM
Hello Gurus,
I have a situation where I have new job offer but my current employer would not support for AOS if my PD Nov 2016 becomes current in EB2I or EB3I in chart B filling dates if EB category get the 275k+ visa numbers I?m really confused now that I might miss adjusting my status if I take the new job.
After Charlies interview today he is predicting at least 275k unused visa numbers for EB category for FY2022, do you think PD Nov 2016 will become current in Chart B filling dates for EB3I or EB2I in Oct 2021 visa bulletin with this all time high visa numbers for FY2022,
For FY2021 there was a huge forward movement in EB3I chart B filling dates from Feb 2010 to Jan 2015 , do you think will there be a similar forward movement in EB3I or EB2I for PD Nov 2016 to become current in filling dates and USCIS to honor filling dates for AOS by that time. I appreciate your time. Thank you
Moveon
03-17-2021, 11:58 PM
Hello Gurus,
I have a situation where I have new job offer but my current employer would not support for AOS if my PD Nov 2016 becomes current in EB2I or EB3I in chart B filling dates if EB category get the 275k+ visa numbers I?m really confused now that I might miss adjusting my status if I take the new job.
After Charlies interview today he is predicting at least 275k unused visa numbers for EB category for FY2022, do you think PD Nov 2016 will become current in Chart B filling dates for EB3I or EB2I in Oct 2021 visa bulletin with this all time high visa numbers for FY2022,
For FY2021 there was a huge forward movement in EB3I chart B filling dates from Feb 2010 to Jan 2015 , do you think will there be a similar forward movement in EB3I or EB2I for PD Nov 2016 to become current in filling dates and USCIS to honor filling dates for AOS by that time. I appreciate your time. Thank you
Nov 2016 is far and I don't think will get on the bulletin for a couple of years. I would change if I were in your place .
SG2020
03-18-2021, 04:53 AM
If I am not wrong, you need to have a valid passport when you apply for 485. After that you don?t need it from GC perspective. DL is enough for finger printing. Could you please tell what else you need it for?
Thanks. My passport had one year left when I filed I-485. Will appreciate if anyone could confirm when else I will need it. And once I renew it, do I need to share the new passport details to USCIS?
AceMan
03-18-2021, 07:04 AM
Hello Gurus,
I have a situation where I have new job offer but my current employer would not support for AOS if my PD Nov 2016 becomes current in EB2I or EB3I in chart B filling dates if EB category get the 275k+ visa numbers I?m really confused now that I might miss adjusting my status if I take the new job.
After Charlies interview today he is predicting at least 275k unused visa numbers for EB category for FY2022, do you think PD Nov 2016 will become current in Chart B filling dates for EB3I or EB2I in Oct 2021 visa bulletin with this all time high visa numbers for FY2022,
For FY2021 there was a huge forward movement in EB3I chart B filling dates from Feb 2010 to Jan 2015 , do you think will there be a similar forward movement in EB3I or EB2I for PD Nov 2016 to become current in filling dates and USCIS to honor filling dates for AOS by that time. I appreciate your time. Thank you
This is a very common question, however the answer depends on what you want to do. Before getting too excited with 275K for FY 22 you got to know lot of things with your PD in Nov 2016
If you current employer is not supportive for AOS for Nov 2016, which btw is 6 years out for EB3 and nearly 7 years for EB2 you should take the new job from immigration perspective.
For FY21, in October 2020 the filing charts was at January 2015, which was pulled back to January 2014 within couple of bulletins, before stop accepting the filing dates all together for January 2021. For FY 2021 we had 262,000 not too far from 275,000 announced yesterday for 2022.
Right now, due to the after effects of covid ban (unintended benefit provided by the President you love or hate but cannot ignore) the remaining EB visa's for 2021 is exclusively available for Indians in AOS. Expecting the situation to be same after October 2021 may be incorrect.
Your best case scenario, is to take the new job, start working on getting new PERM, which can take nearly a year, then apply for 140 and 485 if your filing dates are good for 2023. With the current visibility, people are ecstatic about EB2, however EB2 has 5 times the number of primaries in EB3. Eb2 or EB3 is a decision you can take next year when your perm is applied and your job specification can fit both category.
Djidondon
03-18-2021, 07:44 AM
This is a very common question, however the answer depends on what you want to do. Before getting too excited with 275K for FY 22 you got to know lot of things with your PD in Nov 2016
If you current employer is not supportive for AOS for Nov 2016, which btw is 6 years out for EB3 and nearly 7 years for EB2 you should take the new job from immigration perspective.
For FY21, in October 2020 the filing charts was at January 2015, which was pulled back to January 2014 within couple of bulletins, before stop accepting the filing dates all together for January 2021. For FY 2021 we had 262,000 not too far from 275,000 announced yesterday for 2022.
Right now, due to the after effects of covid ban (unintended benefit provided by the President you love or hate but cannot ignore) the remaining EB visa's for 2021 is exclusively available for Indians in AOS. Expecting the situation to be same after October 2021 may be incorrect.
Your best case scenario, is to take the new job, start working on getting new PERM, which can take nearly a year, then apply for 140 and 485 if your filing dates are good for 2023. With the current visibility, people are ecstatic about EB2, however EB2 has 5 times the number of primaries in EB3. Eb2 or EB3 is a decision you can take next year when your perm is applied and your job specification can fit both category.
AceMan, thank you for your time in responding to my situation I appreciate that. As you said, the chart B filling dates had a significant move in EB3I from Feb 2010 to Jan 2015 ( for nearly 5 years in Oct, Nov, Dec 2020 visa bulletins) for total 262k visa numbers for EB category, I?m just confused on why would there be no forward movement in EB3I filling dates chart B for at least 3 years forward movement until Jan 2017 if there is 275k visa numbers or more available for EB category in FY2022 which is higher than FY2021.
AceMan
03-18-2021, 08:19 AM
AceMan, thank you for your time in responding to my situation I appreciate that. As you said, the chart B filling dates had a significant move in EB3I from Feb 2010 to Jan 2015 ( for nearly 5 years in Oct, Nov, Dec 2020 visa bulletins) for total 262k visa numbers for EB category, I?m just confused on why would there be no forward movement in EB3I filling dates chart B for at least 3 years forward movement until Jan 2017 if there is 275k visa numbers or more available for EB category in FY2022 which is higher than FY2021.
You are thinking possibly in October 21 bulletin, USCIS advances EB3 dates to January 2017 just like they did in October 2020 bulletin when they moved the filing dates from April 2010 to January 15 and then January 14 after seeing the incoming downgrades.
It is possible, however in your previous post, you said your current employer is not ready to file your AOS. So how is staying with the current employer going to help you? Are you planning to go back to your old employer who filed your GC or a totally new employer?
srimurthy
03-18-2021, 08:42 AM
You are thinking possibly in October 21 bulletin, USCIS advances EB3 dates to January 2017 just like they did in October 2020 bulletin when they moved the filing dates from April 2010 to January 15 and then January 14 after seeing the incoming downgrades.
It is possible, however in your previous post, you said your current employer is not ready to file your AOS. So how is staying with the current employer going to help you? Are you planning to go back to your old employer who filed your GC or a totally new employer?
I guess we also need to understand that the 270K are available for use, whether they will be used or not for allocation is the actual step on how many pending cases have been cleared and then how much the dates can move.
Last year the wastage was only 7K, so it depends on how much is wasted and lost this year to even look at the possible dates movements beyond 2014 or 2015. We will have more clarity on that future dates in Oct'21.
The positive vibe with the movements is that the expectations of people in EB2-I before 2011 and EB3-I before 2012 getting cleared and getting a GC has increased.
Djidondon
03-18-2021, 08:43 AM
You are thinking possibly in October 21 bulletin, USCIS advances EB3 dates to January 2017 just like they did in October 2020 bulletin when they moved the filing dates from April 2010 to January 15 and then January 14 after seeing the incoming downgrades.
It is possible, however in your previous post, you said your current employer is not ready to file your AOS. So how is staying with the current employer going to help you? Are you planning to go back to your old employer who filed your GC or a totally new employer?
I must have been more clear in my previous post, my current employer is not ready to file AOS in future ( in case if my PD Nov 16 becomes current in chart B filling dates for EB3I in FY2022) if I leave him and join a new company.
Yes I was thinking if there is a possibility for EB3I filling dates to move forward like Oct 2020 visa bulletin in Oct 2021 visa bulletin and if my PD becomes current in filling dates chart B I would like to get rid of H1B and be on EAD if there is such opportunity.
rsnake
03-18-2021, 08:46 AM
AceMan, thank you for your time in responding to my situation I appreciate that. As you said, the chart B filling dates had a significant move in EB3I from Feb 2010 to Jan 2015 ( for nearly 5 years in Oct, Nov, Dec 2020 visa bulletins) for total 262k visa numbers for EB category, I?m just confused on why would there be no forward movement in EB3I filling dates chart B for at least 3 years forward movement until Jan 2017 if there is 275k visa numbers or more available for EB category in FY2022 which is higher than FY2021.
There are a few things to watch out for, including the fact that Democrats included a provision to keep FB visas in FB in their CARES act last year which passed the House. If something like that gets passed or included in another bill that passes, we won't see the extra visas. Plus with the pandemic coming to an end, we will see increased filings from EB ROW, including from pent up demand at the consulates.
3March2010
03-18-2021, 09:05 AM
Experts: I am (EB2I, PD March 2010) in an interesting situation where I have responded to the RFE incl. Supp J, but have another attractive offer now from another employer (same job class/code). Can I switch jobs while they are working on my case since I am current in April bulletin? Thanks for the comments.
AceMan
03-18-2021, 09:12 AM
I must have been more clear in my previous post, my current employer is not ready to file AOS in future ( in case if my PD Nov 16 becomes current in chart B filling dates for EB3I in FY2022) if I leave him and join a new company.
Yes I was thinking if there is a possibility for EB3I filling dates to move forward like Oct 2020 visa bulletin in Oct 2021 visa bulletin and if my PD becomes current in filling dates chart B I would like to get rid of H1B and be on EAD if there is such opportunity.
You are sure your current employer is not going to file AOS. You said you have a new job offer. I am not sure is it monetary consideration that is not letting you change the job?
If you want to take advantage of any possible advancements in October 2021, you need to make your move now and start your Perm immediately following the ad norms and conditions and hope it gets approved by October. Then you might have a chance to file concurrent. It is again a long shot but possible. But if you are thinking of staying back with current job and try later in October, it might be too late.
EB20112021
03-18-2021, 09:50 AM
Hi All,
Can someone suggest on this. situation : PD EB3, March- 2011, I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS scheduled : 19 MAR 21.
Fingers crossed, expecting FAD to be current in next 6 months (guess that's reasonable). I am looking to know what documents we need to carry for in-person interview.. originals of school, college and birth certificates? and one of my friends suggested me to have drivers history reports from DMV as well just to be sure. I dont have originals with me now and hence having my parents send this via Fedex with insurance. Any inputs here on documentation will help me to plan. Good luck everyone !! you guys are my strength !!
Best Regards
Djidondon
03-18-2021, 09:56 AM
You are sure your current employer is not going to file AOS. You said you have a new job offer. I am not sure is it monetary consideration that is not letting you change the job?
If you want to take advantage of any possible advancements in October 2021, you need to make your move now and start your Perm immediately following the ad norms and conditions and hope it gets approved by October. Then you might have a chance to file concurrent. It is again a long shot but possible. But if you are thinking of staying back with current job and try later in October, it might be too late.
Current employer will file for AOS if my PD Nov 16 becomes current in chart B filling dates either EB3I or EB2I in Oct 2021 visa bulletin as long as I?m on his payroll. He will not support for AOS if I leave the current job now and he would withdraw I-140.
I?m really worried if I move to a new job now the PERM would itself take almost 1 year and what if I got an opportunity to do an AOS when my PD becomes current in filling dates in either EB2I or EB3I if the huge spillover is coming for FY2022 as per DOS prediction 275k visa numbers for EB.
vsivarama
03-18-2021, 10:06 AM
Current employer will file for AOS if my PD Nov 16 becomes current in chart B filling dates either EB3I or EB2I in Oct 2021 visa bulletin as long as I?m on his payroll. He will not support for AOS if I leave the current job now and he would withdraw I-140.
I?m really worried if I move to a new job now the PERM would itself take almost 1 year and what if I got an opportunity to do an AOS when my PD becomes current in filling dates in either EB2I or EB3I if the huge spillover is coming for FY2022 as per DOS prediction 275k visa numbers for EB.
I do not see any possibility of your date being current in EB2I in FY2022. There is a marginal chance in EB3, but that would depend on the number downgrades to EB3 from 2011 to 2014 and the number of GCs issued in FY 2021. If they come close to using up all the GC numbers this year then yes, you have a chance for Nov 2016 in EB3I. It's very difficult to predict this without additional data from USCIS. You can take a chance with the new job and come back to your current employer if the filing dates become current if that's an option. Even if 2011 is cleared for EB2 and EB3 this FY there will be close to 175K primary applicants (not counting the dependents) before you waiting for a GC. Take a look at this i140 approval chart (page 2).
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
ak7419
03-18-2021, 10:39 AM
This user is correct. Processing times for TSC have increased from 12.5 - 31.5 to now 12.5 - 51.5.
Holy cow!
https://www.trackitt.com/usa-discussion-forums/i485-eb/2176077821/longer-i-485-processing-time/page/last_page
https://egov.uscis.gov/processing-times/
Is this in response to Charlie's comments??!
Moveon
03-18-2021, 10:39 AM
Thanks. My passport had one year left when I filed I-485. Will appreciate if anyone could confirm when else I will need it. And once I renew it, do I need to share the new passport details to USCIS?
You don't need to share the renewed passport details with them. You inform them only if you change your residence addr.
Transformer
03-18-2021, 10:55 AM
I?m really worried if I move to a new job now the PERM would itself take almost 1 year and what if I got an opportunity to do an AOS when my PD becomes current in filling dates in either EB2I or EB3I if the huge spillover is coming for FY2022 as per DOS prediction 275k visa numbers for EB.
I think you are thinking too much. It’s a very remote possibility for 2016 date to be current even in next FY. If the opportunity is good go ahead and grab it. It’s judgement call.
AceMan
03-18-2021, 10:58 AM
Current employer will file for AOS if my PD Nov 16 becomes current in chart B filling dates either EB3I or EB2I in Oct 2021 visa bulletin as long as I?m on his payroll. He will not support for AOS if I leave the current job now and he would withdraw I-140.
I?m really worried if I move to a new job now the PERM would itself take almost 1 year and what if I got an opportunity to do an AOS when my PD becomes current in filling dates in either EB2I or EB3I if the huge spillover is coming for FY2022 as per DOS prediction 275k visa numbers for EB.
If you stay back your employer will file for AOS if your filing dates are current in October 21. That is from your immigration perspective. You stand a chance to get your EAD in 2022 around same time, and with EAD you have more avenues open if the dates move as you expect.
If you are prioritizing immediately on career, you will pick up the job offer, do your PERM at the first possible instance, and you will be able to file for your 140, some time after 1 year.
You could leave your current employer in good terms, and will a possibility of joining him back in October 21 if filing dates really advance past your PD. This would be the best of both worlds for you.
AceMan
03-18-2021, 11:10 AM
I do not see any possibility of your date being current in EB2I in FY2022. There is a marginal chance in EB3, but that would depend on the number downgrades to EB3 from 2011 to 2014 and the number of GCs issued in FY 2021. If they come close to using up all the GC numbers this year then yes, you have a chance for Nov 2016 in EB3I. It's very difficult to predict this without additional data from USCIS. You can take a chance with the new job and come back to your current employer if the filing dates become current if that's an option. Even if 2011 is cleared for EB2 and EB3 this FY there will be close to 175K primary applicants (not counting the dependents) before you waiting for a GC. Take a look at this i140 approval chart (page 2).
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
I think you are thinking too much. It’s a very remote possibility for 2016 date to be current even in next FY. If the opportunity is good go ahead and grab it. It’s judgement call.
Guys, don't be hope killers. I am happy that a November 2016 PD holder is "very worried" in March 2021, that he might get his filing date current in October 2021. Is it not what we all wanted with HR 3012 to HR 1044?
I think you both recall the monkey story I shared. Nobody is electrocuting us, let him reach for the prize.
Immigo
03-18-2021, 11:10 AM
Hi, I have a priority date of June 2011 (EB2-India). I left my previous employer (with whom I have the approved I-140) in 2016. One of the VPs with my previous employer is willing to sign the I-485j, after my date gets current. He can attach a letter from HR showing he is currently employed with the previous employer. I will not be able to get HR to sign I-485j. I am open to the idea of going back to the previous employer after I-485 is approved. Request your inputs to check:
1) If I will definitely get an I-485j RFE since I am not employed with that employer ?
2) Who will the RFE be sent to ? HR of previous employer, VP who signed I-485j or to me ?
3) While I am sure about my intent to join my previous previous employer, is there any reason if I-485j or I-485 will be rejected (or I-140 revoked), especially on account for fraud. I do not want to have any impact on my priority date.
My current employer has also starting the PERM processing - prevailing wage is expected to be determined in next 2 weeks. Likely scenario for PERM approval appears to be in at least another 10-12 months. Should I just wait for the PERM process to complete with my current employer ?
omgano
03-18-2021, 11:15 AM
Definitely a positive news from CO, But are the other immigration division ready to drink from the firehose? USCIS, Biometrics, Interviews, Background checks e.t.c
Remember the fact that getting EAD printed delayed 1m+ ead card delivery. Some silver lining is the dates won't retrogress in 2022 with these additional spillovers and consular closings.
Wizoz2
03-18-2021, 11:17 AM
This user is correct. Processing times for TSC have increased from 12.5 - 31.5 to now 12.5 - 51.5.
Holy cow!
https://www.trackitt.com/usa-discussion-forums/i485-eb/2176077821/longer-i-485-processing-time/page/last_page
https://egov.uscis.gov/processing-times/
Is this in response to Charlie's comments??!
I cannot understand why they cannot start sending out RFEs so applicants can atleast start collecting paperwork and mailing responses back. That will still give them enough time to get ramped up with resourcing for the RFEs. Or atleast do some load balancing and transfer to NSC. They appear to be clearing people fast.
gcconnect
03-18-2021, 11:24 AM
Guys, don't be hope killers. I am happy that a November 2016 PD holder is "very worried" in March 2021, that he might get his filing date current in October 2021. Is it not what we all wanted with HR 3012 to HR 1044?
I think you both recall the monkey story I shared. Nobody is electrocuting us, let him reach for the prize.
AceMan - I am really enjoying this kind of discussions. I still remember before OCT 2020, the discussions were very different. God knows what is going to happen in the future, but HOPE is very very important in life.
what we faced for the last 5 years may not be the case in the future and will be optimistic in terms of date movements.
Djidondon
03-18-2021, 11:34 AM
I think you are thinking too much. It?s a very remote possibility for 2016 date to be current even in next FY. If the opportunity is good go ahead and grab it. It?s judgement call.
Hi Transformer I was only thinking about being current in filling dates for EB2I or EB3I for October 2021 visa bulletin by that I can apply for AOS and be on EAD if the PD Nov 2016 is current on Chart B filling dates.
I believe there is no possibility for Nov 2016 to become current in Final action dates for at least next few years I?m hoping for filling dates to become current by that I can do AOS and be on EAD.
Moveon
03-18-2021, 11:41 AM
I think you are thinking too much. It’s a very remote possibility for 2016 date to be current even in next FY. If the opportunity is good go ahead and grab it. It’s judgement call.
I would second this . You need to go with your gut here. If the opportunity is good , go for it as your dates going on the bulletin are remote. Don't miss a career opportunity given that the chances of going current are very thin . Its a risk vs benefits analysis - "nothing ventured nothing gained " .
Moveon
03-18-2021, 11:51 AM
AceMan - I am really enjoying this kind of discussions. I still remember before OCT 2020, the discussions were very different. God knows what is going to happen in the future, but HOPE is very very important in life.
what we faced for the last 5 years may not be the case in the future and will be optimistic in terms of date movements.
My advice to all - If it is a good career move go for it unless you are very confident that the dates will go to atleast filing date in the next 9-12 months . I have a couple of friends in the Bay area who are waiting to recapture 2010 dates as they changed employers about 9 months ago knowing that they could file AOS this fiscal. Both their companies could go IPO in a ~year and could life changing event for them. The GC will come , but their calculated risk will definitely payoff from the way these two late stage startups are performing .
One of the most profitable industries are Insurance Companies - And guess what they pay with every second - RISK! .
Djidondon
03-18-2021, 11:55 AM
If you stay back your employer will file for AOS if your filing dates are current in October 21. That is from your immigration perspective. You stand a chance to get your EAD in 2022 around same time, and with EAD you have more avenues open if the dates move as you expect.
If you are prioritizing immediately on career, you will pick up the job offer, do your PERM at the first possible instance, and you will be able to file for your 140, some time after 1 year.
You could leave your current employer in good terms, and will a possibility of joining him back in October 21 if filing dates really advance past your PD. This would be the best of both worlds for you.
AceMan, I wish that could be an option for me but unfortunately my current employer will withdraw I-140 and would not support me in any manner though if I leave him in good terms.
From immigration perspective you framed it here for everything I was thinking about filling dates to move forward until Nov 2016 in EB3I and get a chance for AOS.
I understand this is a one time opportunity to apply for AOS where folks in EB3I PD 2014 would not have even thought they would become current in Chart B filling dates in Oct and Nov 2020 visa bulletins and file AOS and I guess the similar kind of forward movement might happen for EB3I filling dates in Oct 2021 as well with 275k visa number predictions for EB category.
gc092011
03-18-2021, 11:56 AM
Based on CO comments yesterday is there a chance EB2I FA dates move beyond May 2011 (to end of 2011/2012 starting) this fiscal year? Or will it be only after Oct VB.
vsivarama
03-18-2021, 11:59 AM
This might be most agreeable post of yours for me after some shadow boxing few weeks back. It was obvious that in October 2020 EAD was a bird in hand and there was no information that Eb1 India will be current by the end of 2nd quarter. I am happy that you got the gist of comment regarding interfile.
But in future if Eb2 moves fast you have every reason to utilize the available path which can get your GC faster. Don?t worry, I will still be throwing darts to show my displeasure at it. Good luck dear, once we get GC we should have an alumni meet of Q - 20s for people greened in this decade.
I still believe that I am may be current in EB3 sooner than EB2. Even if not may be lagging by a couple of bulletins. Don't want to file interfile and complicate my case especially with the superfast response times from SRC. If it comes out to 6 months and greater difference then I may consider it. If we all get greened the alumni of Q - 20s will be something. I bet everyone of us will have a drama, suspense thriller story to tell which could be made into a movie.
vsivarama
03-18-2021, 12:07 PM
AceMan, I wish that could be an option for me but unfortunately my current employer will withdraw I-140 and would not support me in any manner though if I leave him in good terms.
Even if a company withdraws an i140, if you rejoin them they can always file to reinstate it as I understand. No need to go through the PERM process. It's basically your call if you want to stick around for a few more months to find out. There is always a chance you will get another good opportunity in the future.
Moveon
03-18-2021, 12:20 PM
AceMan, I wish that could be an option for me but unfortunately my current employer will withdraw I-140 and would not support me in any manner though if I leave him in good terms.
From immigration perspective you framed it here for everything I was thinking about filling dates to move forward until Nov 2016 in EB3I and get a chance for AOS.
I understand this is a one time opportunity to apply for AOS where folks in EB3I PD 2014 would not have even thought they would become current in Chart B filling dates in Oct and Nov 2020 visa bulletins and file AOS and I guess the similar kind of forward movement might happen for EB3I filling dates in Oct 2021 as well with 275k visa number predictions for EB category.
https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/
How long is it since they filed your I-140. I think you either are too risk averse or just looking to stay back. Moveon dude.
From Murthy.com
Can the Petitioner Revoke My Approved I-140?
Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s request for the withdrawal of the petition.
If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked.
gs1968
03-18-2021, 12:29 PM
LoL !! Now I am really curious about your background!!
It was just a divine moment of pure inspiration! However the point I was trying to make was in response to what I read a lot on twitter yesterday evening. The talk was about 7K visas being wasted last year and hence this year there will be 262K-7K=255K GCs being issued. I could not understand the logic for this argument. If they could not even get to 156K how are they going to get to 262K? To do this there must be a dramatic infusion of manpower/infrastructure/will or a significant decrease in scrutiny and due diligence on their part. I am not entirely sure we have seen evidence of either. I am not sure that there is any wilful intent to slow down but a lot of applications have been languishing for so long due to the country caps that there will be definitely be a lot of RFEs to determine compliance.
krisswaves
03-18-2021, 12:30 PM
Hi All, my PD is in Aug-2011 in EB2, based on CO's session from yesterday, any chances that my date will be current in Final action or Filing date this FY in EB2. Thanks
gs1968
03-18-2021, 12:36 PM
There are a few things to watch out for, including the fact that Democrats included a provision to keep FB visas in FB in their CARES act last year which passed the House. If something like that gets passed or included in another bill that passes, we won't see the extra visas. Plus with the pandemic coming to an end, we will see increased filings from EB ROW, including from pent up demand at the consulates.
You make a good point. Rep.Grace Meng had introduced that Bill last year and was not included in any of the must pass Bills later in the year. We have to watch in the month of September when the current budget expires and there might be a stopgap extension or omnibus that might include this language. Another possibility that Greg Siskind had mentioned was that CO could make some FB categories current especially Mexico if he feels that the USCIS is not utilizing spillovers efficiently. The problem with this approach is that the AOS applicants in the FB status will have to go through the USCIS and may not complete the process in time before Sept 30 to cout towards this year's cap. As of now 123 out of the 145 embassies that issue Immigrant visas are open although each one is functioning at a different level
Turbulent_Dragonfly
03-18-2021, 01:20 PM
You make a good point. Rep.Grace Meng had introduced that Bill last year and was not included in any of the must pass Bills later in the year. We have to watch in the month of September when the current budget expires and there might be a stopgap extension or omnibus that might include this language. Another possibility that Greg Siskind had mentioned was that CO could make some FB categories current especially Mexico if he feels that the USCIS is not utilizing spillovers efficiently. The problem with this approach is that the AOS applicants in the FB status will have to go through the USCIS and may not complete the process in time before Sept 30 to cout towards this year's cap. As of now 123 out of the 145 embassies that issue Immigrant visas are open although each one is functioning at a different level
No immigration provisions are going to pass independently or included in any other measures any time soon. Republicans have seized upon the border crisis (yes, it is a inhumane crisis) and will use that as leverage for the foreseeable future. Durbin is once again going to be left holding the bag even on his pet project of DACA.
qesehmk
03-18-2021, 01:28 PM
It was just a divine moment of pure inspiration! However the point I was trying to make was in response to what I read a lot on twitter yesterday evening. The talk was about 7K visas being wasted last year and hence this year there will be 262K-7K=255K GCs being issued. I could not understand the logic for this argument. If they could not even get to 156K how are they going to get to 262K? To do this there must be a dramatic infusion of manpower/infrastructure/will or a significant decrease in scrutiny and due diligence on their part. I am not entirely sure we have seen evidence of either. I am not sure that there is any wilful intent to slow down but a lot of applications have been languishing for so long due to the country caps that there will be definitely be a lot of RFEs to determine compliance.
I thought about it and my uncertain "view" is that last year USCIS sort of was caught off guard. But this year they should be able to repurpose their capacity from FB to EB. But I still would think that they will show the same level of uselessness that they exibited last year and hence 12K wastage instead of 7K. That's what I asked WhereismyGC to assume.
The 485 processing times could be the harbinger of such underusage. As of now the little evidence we have definitely points to underusage. Biden admin has been removing the roadblocks trump admin had put up and so it will take some time for USCIS to get to speed. But i too am skeptical if they can indeed use the full quota (which will be utterly cruel to all the backlogged people; but the law unfortunately does not mandate USCIS to use all those visas).
Moveon
03-18-2021, 01:36 PM
Hi All, my PD is in Aug-2011 in EB2, based on CO's session from yesterday, any chances that my date will be current in Final action or Filing date this FY in EB2. Thanks
If not this Fiscal , the calendar year seems quite certain .
gs1968
03-18-2021, 01:41 PM
I thought about it and my uncertain "view" is that last year USCIS sort of was caught off guard. But this year they should be able to repurpose their capacity from FB to EB. But I still would think that they will show the same level of uselessness that they exibited last year and hence 12K wastage instead of 7K. That's what I asked WhereismyGC to assume.
The 485 processing times could be the harbinger of such underusage. As of now the little evidence we have definitely points to underusage. Biden admin has been removing the roadblocks trump admin had put up and so it will take some time for USCIS to get to speed. But i too am skeptical if they can indeed use the full quota (which will be utterly cruel to all the backlogged people; but the law unfortunately does not mandate USCIS to use all those visas).
I am not sure that they were necessarily caught off guard. They knew the spillover from FB FY2019 to EB FY2020 was 16K for a total of 156K in October 2019 (well before the pandemic) Spec usually says that they get notification from DOS the following May every year but even then they let those visas go waste. What is even more cruel is that EB2 India according to Spec's numbers did not even get to 2800 GCs in EB2. I am not so sure that they are willfully holding back but I think they are only set up to handle so many cases a year if they perform due diligence on every case
As I mentioned in a previous post the USCIS only handles the first stage of most FB applications (I-130) and the processing times for those have not changed much since last year to indicate a slowdown. In fact some of the FB categories have gone up. The USCIS is only involved afterwards if there is an AOS but this is a small percentage as this is generally discouraged by lawyers.
qesehmk
03-18-2021, 01:49 PM
I am not sure that they were necessarily caught off guard. They knew the spillover from FB FY2019 to EB FY2020 was 16K for a total of 156K in October 2019 (well before the pandemic) Spec usually says that they get notification from DOS the following May every year but even then they let those visas go waste. What is even more cruel is that EB2 India according to Spec's numbers did not even get to 2800 GCs in EB2. I am not so sure that they are willfully holding back but I think they are only set up to handle so many cases a year if they perform due diligence on every case
As I mentioned in a previous post the USCIS only handles the first stage of most FB applications (I-130) and the processing times for those have not changed much since last year to indicate a slowdown. In fact some of the FB categories have gone up. The USCIS is only involved afterwards if there is an AOS but this is a small percentage as this is generally discouraged by lawyers.
Caught off guard due to COVID. Most FB are indeed CP cases. But think about it, the USCIS still has to process them as immigrants at some point of time. Those numbers are in millions. So they definitely have some extra bandwidth now that they are not processing those millions. So this is the bull case for visa utilization. But as I said the 485 times worry me. And i am almost certain they are going to waste visas. Only question is to what degree!
ImmiGiveMe
03-18-2021, 01:52 PM
Been a silent follower of this blog and specifically this thread. Thanks to all the admins and gurus for their insights and suggestions to everyone's queries.
---EB2I, PD 03/19/2012.
Moveon
03-18-2021, 01:54 PM
Caught off guard due to COVID. Most FB are indeed CP cases. But think about it, the USCIS still has to process them as immigrants at some point of time. Those numbers are in millions. So they definitely have some extra bandwidth now that they are not processing those millions. So this is the bull case for visa utilization. But as I said the 485 times worry me. And i am almost certain they are going to waste visas. Only question is to what degree!
Hey Q , you are 4 away from 5000 posts . Biggest run getter :) .
qesehmk
03-18-2021, 01:58 PM
Hey Q , you are 4 away from 5000 posts . Biggest run getter :) .
i am like Mohindar Amaranath. Not the best batsman but i stick around while everybody retires :)
Moveon
03-18-2021, 02:09 PM
i am like Mohindar Amaranath. Not the best batsman but i stick around while everybody retires :)
That is being very humble and modest . You are like Dravid - Humble , Solid and consistent .
This statement on retirement reminds me of a Dilbert Strip - https://dilbert.com/strip/2001-01-11 .
qesehmk
03-18-2021, 02:11 PM
That is being very humble and modest . You are like Dravid - Humble , Solid and consistent .
This statement on retirement reminds me of a Dilbert Strip - https://dilbert.com/strip/2001-01-11 .
hey i have said this many times - even gods like to be praised - i am just a mortal.
The dilbert is always witty funny. I like this one a lot - "Nobody is said to have died of hard work. But why risk it?".
gs1968
03-18-2021, 02:14 PM
Caught off guard due to COVID. Most FB are indeed CP cases. But think about it, the USCIS still has to process them as immigrants at some point of time. Those numbers are in millions. So they definitely have some extra bandwidth now that they are not processing those millions. So this is the bull case for visa utilization. But as I said the 485 times worry me. And i am almost certain they are going to waste visas. Only question is to what degree!
Agreed. A useful proxy for the I-130 volume would be Naturalization statistics which show a 65% decrease in the 3rd quarter of FY2020 the last period for which statistics are available. Generally people tend to apply for all the available relatives in the immediate time period following naturalization. But it is not showing up yet as faster processing times for the I-130
texas_
03-18-2021, 02:16 PM
Guys it's been eternal frustrating not scheduled for Fingerprint Appointment yet.
RD - 10/27/2020
MSC -219043XXXX
EB3 I -
Anyone is the same boat or just me ??
Thanks
vsivarama
03-18-2021, 02:18 PM
Guys it's been eternal frustrating not scheduled for Fingerprint Appointment yet.
RD - 10/27/2020
MSC -219043XXXX
EB3 I -
Anyone is the same boat or just me ??
Thanks
+1. I think there are thousands of others on the same boat. My friend had RD Oct 20th and still waiting on FP Appointment.
Djidondon
03-18-2021, 02:20 PM
Even if a company withdraws an i140, if you rejoin them they can always file to reinstate it as I understand. No need to go through the PERM process. It's basically your call if you want to stick around for a few more months to find out. There is always a chance you will get another good opportunity in the future.
Yes I think current employer can reinstate I-140 but current employer would not allow me to join back if I leave now.. I?m thinking to wait until Oct 2021 visa bulletin and see if the luck favors for me PD Nov 2016 to become current in chart B filling dates under EB3I to file AOS if there is an opportunity with the spillover.
texas_
03-18-2021, 02:21 PM
Thanks for the response Brother.
It is even more frustrating when my PD will become current next month.
Is there a way I can expedite schedule Biometric appt when PD is current ?
rocketfast
03-18-2021, 02:21 PM
According to Appendix A in USCIS annual report at [1], USCIS approved 281,400 Family based I-485 last year.
I also see based on chinese telegram groups that crawl USCIS case status every day that USCIS still approves a lot of family based I-485. So, is it correct to say that USCIS gets a lot of immediate relative I-485 applications? And it is mostly the numerically limited (226,000) FB applications that go to consulates?
[1]: https://www.uscis.gov/sites/default/files/document/reports/2020-USCIS-Statistical-Annual-Report.pdf
vsivarama
03-18-2021, 02:27 PM
Thanks for the response Brother.
It is even more frustrating when my PD will become current next month.
Is there a way I can expedite schedule Biometric appt when PD is current ?
Unfortunately NO.
gs1968
03-18-2021, 02:38 PM
According to Appendix A in USCIS annual report at [1], USCIS approved 281,400 Family based I-485 last year.
I also see based on chinese telegram groups that crawl USCIS case status every day that USCIS still approves a lot of family based I-485. So, is it correct to say that USCIS gets a lot of immediate relative I-485 applications? And it is mostly the numerically limited (226,000) FB applications that go to consulates?
[1]: https://www.uscis.gov/sites/default/files/document/reports/2020-USCIS-Statistical-Annual-Report.pdf
Thanks for the link
The process is the same for IR and FB and starts with the I-130 .This form establishes the family relationship that exists between the petitioner and the relative.This step is handled by the USCIS. Once
approved there are two pathways
If the relative is already in the United States, they may apply to adjust status to become a Green Card holder (lawful permanent resident) after a visa number becomes available using Form I-485.
If the relative is outside the United States, the petition will be sent to the National Visa Center (NVC). The NVC will forward the petition to the appropriate U.S. consulate when a visa becomes available and the relative will be notified about how to proceed. (consular processing)
The USCIS is involved in both streams at the outset.Obviously the only difference is that there is no waiting time for IR categories.Generally the lawyers encourage consular processing because the Consular officials do not have power of discretion. In other words if one is eligible for an immigrant visa and all documents are in order they have to grant the visa and rejection rates are extremely low.The USCIS (if one chooses the AOS route by virtue of being already present here) on the other hand can reject the immigrant visas for a variety of reasons (intent to immigrate on a B1 application or during entry inspection being concealed). I am not sure of the exact rejection rates during AOS but few people are willing to take the risk especially when CP is fairly straightforward (except now due to COVID but that will change)
Djidondon
03-18-2021, 03:26 PM
https://www.murthy.com/2019/12/26/how-a-job-changes-may-impact-your-approved-i-140/
How long is it since they filed your I-140. I think you either are too risk averse or just looking to stay back. Moveon dude.
From Murthy.com
Can the Petitioner Revoke My Approved I-140?
Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS) at any time. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioner’s request for the withdrawal of the petition.
If the USCIS receives the employer’s withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked.
Thank you for taking time in responding to me, I think Nov 2016 would become current in chart B filling dates for EB3I and I can apply AOS after oct 2021 visa bulletin if there is huge spillover for FY2022 EB
krisswaves
03-18-2021, 03:29 PM
If not this Fiscal , the calendar year seems quite certain .
Thanks for the response Moveon
AceMan
03-18-2021, 03:30 PM
Thank you for taking time in responding to me, I think Nov 2016 would become current in chart B filling dates for EB3I and I can apply AOS after oct 2021 visa bulletin if there is huge spillover for FY2022 EB
Hope for the best case scenario. Prepare yourself for the worst case. Most of us here are experts in handling disappointments dished out to us over and over by USCIS/DHS/ Admins
Turbulent_Dragonfly
03-18-2021, 03:32 PM
I thought I saw someone post about processing times but don't see the message, TSC NSC and NBC are all showing max of 51.5 months processing times now... check in the EB-I-485 columns at the bottom.
kumareb2
03-18-2021, 03:51 PM
I have been watching this forum for the last 5 years and got so much information and learned about the GC process. finally, today got an email saying New Card is Being produced.
Just for the record, I am a 2012 filer, and my priority date was 12/16/2009. Thanks, Q, Spec, Aceman & Turbulent_drangly for sharing your knowledge and uplifting posts. I really appreciate it.
gs1968
03-18-2021, 03:54 PM
I have been watching this forum for the last 5 years and got so much information and learned about the GC process. finally, today got an email saying New Card is Being produced.
Just for the record, I am a 2012 filer, and my priority date was 12/16/2009. Thanks, Q, Spec, Aceman & Turbulent_drangly for sharing your knowledge and uplifting posts. I really appreciate it.
Congratulations
If your priority date is 2009 then you must have been in this country for approximately 15 years to get to this point. Enjoy the sweet moment
Turbulent_Dragonfly
03-18-2021, 03:59 PM
I have been watching this forum for the last 5 years and got so much information and learned about the GC process. finally, today got an email saying New Card is Being produced.
Just for the record, I am a 2012 filer, and my priority date was 12/16/2009. Thanks, Q, Spec, Aceman & Turbulent_drangly for sharing your knowledge and uplifting posts. I really appreciate it.
Congrats! Hope you get to explore greener pastures!
kumareb2
03-18-2021, 04:00 PM
Congratulations
If your priority date is 2009 then you must have been in this country for approximately 15 years to get to this point. Enjoy the sweet moment
Thank you. Its a long journey. My GC process started in 2007 october, and the day my petion was about to be filed the first layoff in our goup happend. The company's HR told me to wait for another 6 months, again, same thing happend till dec 09. Every quater i was happy because i had a job, and un-happy because due to layoffs in the compnay no GC filing...Finally they applied in dec'09.
Moveon
03-18-2021, 04:14 PM
Hope for the best case scenario. Prepare yourself for the worst case. Most of us here are experts in handling disappointments dished out to us over and over by USCIS/DHS/ Admins
How true . "Disappointment" and "After Thought" should be our new middle name .
Moveon
03-18-2021, 04:18 PM
Thank you. Its a long journey. My GC process started in 2007 october, and the day my petion was about to be filed the first layoff in our goup happend. The company's HR told me to wait for another 6 months, again, same thing happend till dec 09. Every quater i was happy because i had a job, and un-happy because due to layoffs in the compnay no GC filing...Finally they applied in dec'09.
Kind of my story and I guess a lot of us. We would hope that they would file the GC in 6 months and there you go, like clock work they would announce a layoff. I suppose they did that to avoid filing GCs and also spread the losses to balance the books . If you worked in a very large company you realize that its only "Share Holder Value " that matters. Nothing else :(
cool_guy_2004
03-18-2021, 04:32 PM
Congratulations - may i know what was your service center?
cool_guy_2004
03-18-2021, 04:33 PM
Can we do anything about TSC delays? A law suit or complaining to OMB office or senators??? Any suggestions?
kumareb2
03-18-2021, 04:38 PM
service center is nebraska
kumareb2
03-18-2021, 04:41 PM
service center is nebraska
Also, Two of my other colleagues having the same priority date approved two days apart as well. We all got the RFE on dec'2020 and responded on Feb'21 first week.
Moveon
03-18-2021, 04:59 PM
Can we do anything about TSC delays? A law suit or complaining to OMB office or senators??? Any suggestions?
Reach out to your Members of Congress - Congressman/CongressWoman . They can help put pressure
Wizoz2
03-18-2021, 05:05 PM
Reach out to your Members of Congress - Congressman/CongressWoman . They can help put pressure
I got current recently and my service center is TSC, beginning to feel frustrated with the wait for RFE already. I can totally get why people with late 2009 PDs are so frustrated when NSC is approving cases left , right and center. Am thinking of reaching out to my member of congress if nothing happens within 90 days. Feel sorry for the guys waiting to hear back for the last 6 months or more.
AceMan
03-18-2021, 05:12 PM
Thank you. Its a long journey. My GC process started in 2007 october, and the day my petion was about to be filed the first layoff in our goup happend. The company's HR told me to wait for another 6 months, again, same thing happend till dec 09. Every quater i was happy because i had a job, and un-happy because due to layoffs in the compnay no GC filing...Finally they applied in dec'09.
Congrats on your GC. Wish you all the best. Enjoy the greened life.
ak7419
03-18-2021, 05:13 PM
I got current recently and my service center is TSC, beginning to feel frustrated with the wait for RFE already. I can totally get why people with late 2009 PDs are so frustrated when NSC is approving cases left , right and center. Am thinking of reaching out to my member of congress if nothing happens within 90 days. Feel sorry for the guys waiting to hear back for the last 6 months or more. I am waiting to get a callback from L2 agent about my case which is in TSC. I don't have high hopes that L2 agent will have anything different but if that does not work I am going to approach my congresswoman and explain her clearly the current situation.
maverick2010
03-18-2021, 05:14 PM
Caught off guard due to COVID. Most FB are indeed CP cases. But think about it, the USCIS still has to process them as immigrants at some point of time. Those numbers are in millions. So they definitely have some extra bandwidth now that they are not processing those millions. So this is the bull case for visa utilization. But as I said the 485 times worry me. And i am almost certain they are going to waste visas. Only question is to what degree!
Just hypothetically speaking let's say that with the same speed at which USCIS processed applications last year they also process this year. If that's the case, until which priority date applications will get greened for sure in EB2 & EB3 category - I bet this should be the worst case scenario & bottomline for FY 2021.
Wizoz2
03-18-2021, 05:19 PM
I am waiting to get a callback from L2 agent about my case which is in TSC. I don't have high hopes that L2 agent will have anything different but if that does not work I am going to approach my congresswoman and explain her clearly the current situation.
I guess reaching out to customer service is the first step. They technically do not add any value, when they provide poor or no responses. Then there is an additional 90 day wait before reaching out to Member of congress correct? Cannot open an inquiry directly via member of congress?
3March2010
03-18-2021, 05:27 PM
Any thoughts? Apologies if this is too silly a question to gather any hits at all. Thanks anyway.
Experts: I am (EB2I, PD March 2010) in an interesting situation where I have responded to the RFE incl. Supp J, but have another attractive offer now from another employer (same job class/code). Can I switch jobs while they are working on my case since I am current in April bulletin? Thanks for the comments.
sk.aggarwal
03-18-2021, 06:04 PM
Long time lurker on the forum. I hate asking personal questions, but need help.
My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.
When you think, things are going your way, life has a way to throw spanners.
Mgajsk
03-18-2021, 06:09 PM
Question on working on EAD.
Till yesterday , I thought I keep working with my employer after receiving EAD because if the EB3 moves ahead of 2011 March, I can downgrade to EB3 to get GC early.
Now , I dont think that is necessary anymore because of the expected spilloved to eb2 and confirmed by Charlie O.
If that is the case, Can I starting working on EAD and be on two different W2s ?
Any pitfalls in this scenario ?.Can anyone in the group who has been independent consulting on EAD throw some light?
Moveon
03-18-2021, 06:26 PM
Long time lurker on the forum. I hate asking personal questions, but need help.
My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.
When you think, things are going your way, life has a way to throw spanners.
Did you move from an IC to Manager ? What is the transition ? . Many here have been through transitions w/o having to refile . One of us would have been through the same situation
monsieur
03-18-2021, 06:27 PM
Any thoughts? Apologies if this is too silly a question to gather any hits at all. Thanks anyway.
Experts: I am (EB2I, PD March 2010) in an interesting situation where I have responded to the RFE incl. Supp J, but have another attractive offer now from another employer (same job class/code). Can I switch jobs while they are working on my case since I am current in April bulletin? Thanks for the comments.
Not a lawyer but personally I would have taken new job offer. As many other expert has suggested don't proactively file for Supp-J. There is a good chance you will get your GC without doing anything further. Worst come to worst there is another RFE then your future firm needs to step-in. As job code is same, I don't see any issue with them supporting your GC case.
Moveon
03-18-2021, 06:53 PM
Not a lawyer but personally I would have taken new job offer. As many other expert has suggested don't proactively file for Supp-J. There is a good chance you will get your GC without doing anything further. Worst come to worst there is another RFE then your future firm needs to step-in. As job code is same, I don't see any issue with them supporting your GC case.
Once you have responded to the RFE then the chances of getting an RFE on that is super rare unless there is a big screw up . Here is what I would do
1. Ask this new employer if they can wait till Apr end. You most likely will get your GC approved by then .
2. Else Move to the new job and don't file Supplement-J as its not mandatory .
Are you a 2012 filer
AceMan
03-18-2021, 08:35 PM
Long time lurker on the forum. I hate asking personal questions, but need help.
My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.
When you think, things are going your way, life has a way to throw spanners.
Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
Transformer
03-18-2021, 08:44 PM
Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
Aceman, even for 485J, aren’t the job duties supposed to be similar?
qesehmk
03-18-2021, 08:51 PM
Long time lurker on the forum. I hate asking personal questions, but need help.
My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.
When you think, things are going your way, life has a way to throw spanners.
If this is promotion in the same line of work - you have no problem whatsoever. I went from analyst to director long long time back and GC was not affected. So telling you first hand. All the best.
moonlight
03-18-2021, 09:13 PM
I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
Moveon
03-18-2021, 09:27 PM
I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
Once your GC is approved you can Fly . No need to wait for 180 days to expire.
Moveon
03-18-2021, 09:29 PM
Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
If it is the same employer , they can keep the job duties same for a while as they could let you overlap . Never seen any issue with employers on that
moonlight
03-18-2021, 09:32 PM
Once your GC is approved you can Fly . No need to wait for 180 days to expire.
Moveon, I think people need to wait as per Murthy. Please see the excerpt from the website. "Thus, once the green card is approved, the beneficiary is expected to work in the sponsored position for a reasonable period of time. This applies regardless of whether, or for how long, the individual worked in the sponsored position prior to receiving the green card."
https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/
H1b2006
03-18-2021, 09:35 PM
Long time lurker on the forum. I hate asking personal questions, but need help.
My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.
When you think, things are going your way, life has a way to throw spanners.
If you are with different employer old perm duties soc code doesnt matter
If with same employer better be inline with perm duties
sk.aggarwal
03-18-2021, 10:18 PM
If this is promotion in the same line of work - you have no problem whatsoever. I went from analyst to director long long time back and GC was not affected. So telling you first hand. All the best.
Thanks Q, Aceman and friends for your prompt response. I have been with same employer for last 10 years. Got promoted from individual contributor to manager. Will try to convince my new boss to attest that job duties are still similar. Worried if he responds to HR that they are not, what all it will trigger. I am sure Fragomen will love the opportunity to refile all paper work and make another 10K.
Moveon
03-18-2021, 10:23 PM
Moveon, I think people need to wait as per Murthy. Please see the excerpt from the website. "Thus, once the green card is approved, the beneficiary is expected to work in the sponsored position for a reasonable period of time. This applies regardless of whether, or for how long, the individual worked in the sponsored position prior to receiving the green card."
https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/
I have read that article but when there is nothing in the law that states how long one needs to stay at the job how do you enforce it? Why 180 and not 365 days. Honestly the USCIS has no resources to look into this. There are people who come in some categories and get citizenship when there is so much evidence of fraud but the USCIS looks the other way . Employment is the the cleanest of all, so why fear. We pay crazy taxes, don't break any law but live in fear .
I know of people who have quit in a couple of months and had no issues with the Citizenship.
I respect Murthy.com but when they say "Anyone considering a job change shortly after approval of a green card may wish to consult first with an experienced immigration attorney." looks like they are hoping for a client.
We somehow are so risk averse that we always assume the worst case and miss out on opportunities . After I got my EAD in 2012 , I never got my HIB that expired that year. Switched jobs on EAD. Submitted Supp-J only when the RFE came the last 2 times. Moved from IC to Management without the refiling (I still do 75% technical so did not bother ) while so many told me to wait. Had I done that would have missed on so many opportunities .
Nothing Ventured Nothing Gained .
Moveon
03-18-2021, 10:34 PM
Thanks Q, Aceman and friends for your prompt response. I have been with same employer for last 10 years. Got promoted from individual contributor to manager. Will try to convince my new boss to attest that job duties are still similar. Worried if he responds to HR that they are not, what all it will trigger. I am sure Fragomen will love the opportunity to refile all paper work and make another 10K.
HI SK,
Fragomen will tell you not to refile . Let me tell you by experience. I joined a new emp about 4 years ago as an IC and moved to Manager . BAL was the firm told me that as my job was 80% technincal no need to refile . Got RFE and responded with Meds and Supp-J. The USCIS never got back.
After 8 months quit and joined another firm as an architect but did not file Supplement-J. In 2 months an opportunity came in the same team and I was offered Sr Manager . I took it up and this time Fragomen said that as it was just an additional responsibility to the architect's position no need to refile . The two biggest firms said that there was no need to refile as only new responsibilities were added to existing ones . I still code and architect .
Responded to the RFE 2 months ago. I will let you know on what happens once I hear back. I am Dec 2009 so might hear back soon. I am not worried, will deal with it if they raise an issue . Fragomen was very confident of not refiling . they said "no issue" and also sent am email from the main lawyer after review
sk.aggarwal
03-18-2021, 10:37 PM
HI SK,
Fragomen will tell you not to refile . Let me tell you by experience. I joined a new emp about 4 years ago as an IC and moved to Manager . BAL was the firm told me that as my job was 80% technincal no need to refile . Got RFE and responded with Meds and Supp-J. The USCIS never got back.
After 8 months quit and joined another firm as an architect but did not file Supplement-J. In 2 months an opportunity came in the same team and I was offered Sr Manager . I took it up and this time Fragomen said that as it was just an additional responsibility to the architect's position no need to refile . The two biggest firms said that there was no need to refile as only new responsibilities were added to existing ones . I still code and architect .
Responded to the RFE 2 months ago. I will let you know on what happens once I hear back. I am Dec 2009 so might hear back soon. I am not worried, will deal with it if they raise an issue . Fragomen was very confident of not refiling . they said "no issue" and also sent am email from the main lawyer after review
Thank You for reassurance. This forum is truly amazing.
Moveon
03-18-2021, 11:00 PM
Thank You for reassurance. This forum is truly amazing.
No Prob. Talk to your manager and if your role is just additional responsibility then he should say "NO Change" .
Turbulent_Dragonfly
03-19-2021, 09:01 AM
I have worked as an Engineer, Engineering Manager and VP of Engineering with the same Org for 13 years now. My attorney did not bat an eye in keeping the same PERM and I-140 and said she will handle it if anyone raises objections. Some of the larger law firms though do use some shady tactics when you are close to the finish line because they know you see the end in sight and will not mind shelling out a few extra bucks before they move on to the next host.
3nov10
03-19-2021, 09:49 AM
I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
You are supposed to work for the employer who sponsored the GC. That's the whole point. I don't think there is a specific law for it, but it should be for a reasonable time. What time period is reasonable? That's anyone's guess. Most lawyers think 6 months is reasonable and can be defended if there are any concerns at citizenship time.
It depends on the officer looking at the case, they have to be convinced.
I know a lot of people who left 5 min after the GC in hand. I never heard of anyone having trouble in getting citizenship.
android09
03-19-2021, 10:22 AM
I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
Which PD 2011 EB2 folks got their green card?? Just curious. Dates have never gone beyond 2010 AFAIK.
Moveon
03-19-2021, 11:24 AM
I have worked as an Engineer, Engineering Manager and VP of Engineering with the same Org for 13 years now. My attorney did not bat an eye in keeping the same PERM and I-140 and said she will handle it if anyone raises objections. Some of the larger law firms though do use some shady tactics when you are close to the finish line because they know you see the end in sight and will not mind shelling out a few extra bucks before they move on to the next host.
Way to go Turbulent_Dragonfly, Bravo. Glad you did not miss out else you would be sitting in a cube , writing code being ever depressed . The problem with most of us is that our circle of friends is just people in tech or white collar folks . Volunteer in food banks , work with those on the floor where you will meet people who have got GC/passports under refugee/asylum etc but the true reason is to avoid poverty back home. They had no issues and got citizenship in less than 10 years . They avail of every benefit, I am not sure if all taxes are paid .
We on the other are so conservative that we will not avail of benefits of tax breaks if there is a .00001% chance of audit . We all have our risk appetite and I should confess that my appetite for risk is low. I missed out on good opportunities in my initial days here and worked for the same company for close to a decade , till I said enough is enough . If benefits out weigh the risks by a huge margin and there is some recourse I would take it . Its like the Covid Vaccine . Benefits are orders of magnitude higher than the risk.
qesehmk
03-19-2021, 11:28 AM
Way to go Turbulent_Dragonfly, Bravo. Glad you did not miss out else you would be sitting in a cube , writing code being ever depressed . The problem with most of us is that our circle of friends is just people in tech or white collar folks . Volunteer in food banks , work with those on the floor where you will meet people who have got GC/passports under refugee/asylum etc but the true reason is to avoid poverty back home. They had no issues and got citizenship in less than 10 years . They avail of every benefit, I am not sure if all taxes are paid .
We on the other are so conservative that we will not avail of benefits of tax breaks if there is a .00001% chance of audit . We all have our risk appetite and I should confess that my appetite for risk is low. I missed out on good opportunities in my initial days here and worked for the same company for close to a decade , till I said enough is enough . If benefits out weigh the risks by a huge margin and there is some recourse I would take it . Its like the Covid Vaccine . Benefits are orders of magnitude higher than the risk.
But there is not even any risk here moveon. USCIS has no policy on how long a PERM should be valid, how long an I-140 should be valid. Do they expect people to not progress in their career for 15 freaking years!! So don't worry too much my friends. If you are moving especially with the same employer and same line of work - just do it.
Mgajsk
03-19-2021, 11:49 AM
Question on working on EAD.
Till yesterday , I thought I keep working with my employer after receiving EAD because if the EB3 moves ahead of 2011 March, I can downgrade to EB3 to get GC early.
Now , I dont think that is necessary anymore because of the expected spilloved to eb2 and confirmed by Charlie O.
If that is the case, Can I starting working on EAD and be on two different W2s ?
Any pitfalls in this scenario ?.Can anyone in the group who has been independent consulting on EAD throw some light?
Really appreciate if anyone throw some light on this..
Transformer
03-19-2021, 11:58 AM
Really appreciate if anyone throw some light on this..
There is a very good chance for EB2 March 2011 to be current this year. You can do as many jobs on EAD but at least one job should be in same/similar category and willing to give you 485J when needed.
Moveon
03-19-2021, 11:59 AM
But there is not even any risk here moveon. USCIS has no policy on how long a PERM should be valid, how long an I-140 should be valid. Do they expect people to not progress in their career for 15 freaking years!! So don't worry too much my friends. If you are moving especially with the same employer and same line of work - just do it.
Yes that is what Fragomen told me . The lawyer told me that USCIS has not rejected anyone for moving from IC to Engg Manager/Director when PD has been lying so far behind. People claim that they were but the reason is probably something else and they use this as a guise to avoid their actual fault. He said that if one moves from IC to Product Management/Marketing then they need to be careful but still can be handled if the job description is composed right. My friend on EB3 moved from IC to TPM in 2017 but as it was under the engineering they did not do anything . He got GC in 2019 and they filed his Supp-J as TPM.
Here is the USCIS doc - https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5 . the 180 rule is only when the AOS is pending. Not after approval . Employment in the US is At-Will in almost all cases. Asking someone to stay after GC will need an amendment to the AC-21 act from what I understand .
Q , Congrats on 5000+ runs :) .
Mgajsk
03-19-2021, 12:18 PM
There is a very good chance for EB2 March 2011 to be current this year. You can do as many jobs on EAD but at least one job should be in same/similar category and willing to give you 485J when needed.
Thank you Transformer. I keep reading 2011 Eb2 PD folks receiving green-cards. Not sure how true it is but would be nice to get greened without hassles.
newyorker123
03-19-2021, 12:55 PM
You are sure your current employer is not going to file AOS. You said you have a new job offer. I am not sure is it monetary consideration that is not letting you change the job?
If you want to take advantage of any possible advancements in October 2021, you need to make your move now and start your Perm immediately following the ad norms and conditions and hope it gets approved by October. Then you might have a chance to file concurrent. It is again a long shot but possible. But if you are thinking of staying back with current job and try later in October, it might be too late.
I wish PERM gets faster. Prevailing Wage Determination itself is taking 4-5 months, PERM 8+ months. Plus Ads etc. etc. can even make it 1.25-1.5 years if things don't change
Turbulent_Dragonfly
03-19-2021, 01:46 PM
Thank you Transformer. I keep reading 2011 Eb2 PD folks receiving green-cards. Not sure how true it is but would be nice to get greened without hassles.
You can assume that most of it is from fake trolls who just want to rile others up or get people excited. Not saying that GCs have been issued by mistake before, but they are few and far in between.
qesehmk
03-19-2021, 01:55 PM
You can assume that most of it is from fake trolls who just want to rile others up or get people excited. Not saying that GCs have been issued by mistake before, but they are few and far in between.
Such cases have a very easy explanation. It was a desi guy / gal that later on married an ROW person and then interfiled as ROW. At least 99% such stories can be explained this way.
AceMan
03-19-2021, 02:06 PM
You can assume that most of it is from fake trolls who just want to rile others up or get people excited. Not saying that GCs have been issued by mistake before, but they are few and far in between.
Four years back there was one guy who got his GC approved by mistake in trackitt. The following thread was the follow up action after his 2nd gc was issued.
https://www.trackitt.com/usa-discussion-forums/i485-eb/1834062029/impact-of-service-request
GCkaLADDU
03-19-2021, 09:19 PM
Need help with a weird situation.
I had filed my i-131 and i-765 separately (early Feb) after getting a 485 receipt. My AOS related biometric was completed on 03/17 and case status shows 'Fingerprints taken'. Today my i-131 status changed 'Biometric appointment scheduled' which is baffling because my understanding was that AP doesn't need a separate biometric and moreover, I just had completed it for AOS couple of days back.
Anyone heard of this scenario before?
android09
03-20-2021, 11:54 AM
I and my spouse got our fingerprints taken on March 03. Our case status when we reached home changed to -Case is being actively reviewed by USCIS- Has anyone seen this? No change since then.
Turbulent_Dragonfly
03-20-2021, 05:30 PM
I and my spouse got our fingerprints taken on March 03. Our case status when we reached home changed to -Case is being actively reviewed by USCIS- Has anyone seen this? No change since then.
Interesting. I did not know that such a status existed but looks like it does: https://www.fickeymartinezlaw.com/immigration/common-uscis-case-statuses-a-helpful-explanation/
My case has been stuck on Fingerprints received since I attended the FP appointment in the first week of Dec.
sk.aggarwal
03-20-2021, 05:40 PM
I have worked as an Engineer, Engineering Manager and VP of Engineering with the same Org for 13 years now. My attorney did not bat an eye in keeping the same PERM and I-140 and said she will handle it if anyone raises objections. Some of the larger law firms though do use some shady tactics when you are close to the finish line because they know you see the end in sight and will not mind shelling out a few extra bucks before they move on to the next host.
Thanks. To close loop on this, was able to convince my manager that new duties are extension of what I was originally doing. Surprisingly, he was more open to keep things simple than I thought :)
texas_
03-20-2021, 08:32 PM
I submitted 485 in October 2020 and EAD/AP in December 2020
Recently received biometric appointment that mentioned my EAD Receipt number
Will I receive another biometric appointment for I485?
bones20
03-20-2021, 09:27 PM
HI SK,
Fragomen will tell you not to refile . Let me tell you by experience. I joined a new emp about 4 years ago as an IC and moved to Manager . BAL was the firm told me that as my job was 80% technincal no need to refile . Got RFE and responded with Meds and Supp-J. The USCIS never got back.
After 8 months quit and joined another firm as an architect but did not file Supplement-J. In 2 months an opportunity came in the same team and I was offered Sr Manager . I took it up and this time Fragomen said that as it was just an additional responsibility to the architect's position no need to refile . The two biggest firms said that there was no need to refile as only new responsibilities were added to existing ones . I still code and architect .
Responded to the RFE 2 months ago. I will let you know on what happens once I hear back. I am Dec 2009 so might hear back soon. I am not worried, will deal with it if they raise an issue . Fragomen was very confident of not refiling . they said "no issue" and also sent am email from the main lawyer after review
If you are an IC progressing to a manager, all the instances (5+) I have seen, the PERM was redone.
moonlight
03-20-2021, 09:37 PM
You can assume that most of it is from fake trolls who just want to rile others up or get people excited. Not saying that GCs have been issued by mistake before, but they are few and far in between.
I have noticed some trolls in trackitt now and then. But people in this forum are mostly sensible and responsible. Moreover, folks who have been waiting for GC over a decade are matured enough and beyond all these troll business. Sometimes we got to trust our fellow men. I was making the statement of GC issuance and medical RFE based on these two trackitt references. They might be true or fake as they are in open forum. But personally I don’t have reason to disbelieve them.
GC Issuance( Pretty recent from post#8 - 13 Feb 2021)
https://www.trackitt.com/usa-discussion-forums/i485-eb/2034893467/i-485-approved-green-card-received-but-priority-date-not-current
Many occurrences of Medical RFE
https://www.trackitt.com/usa-discussion-forums/i485-eb/2175369177/eb2-india-pd-2011-receiving-rfe-for-medicals/page/last_page
bones20
03-20-2021, 09:38 PM
I have read that article but when there is nothing in the law that states how long one needs to stay at the job how do you enforce it? Why 180 and not 365 days. Honestly the USCIS has no resources to look into this. There are people who come in some categories and get citizenship when there is so much evidence of fraud but the USCIS looks the other way . Employment is the the cleanest of all, so why fear. We pay crazy taxes, don't break any law but live in fear .
I know of people who have quit in a couple of months and had no issues with the Citizenship.
I respect Murthy.com but when they say "Anyone considering a job change shortly after approval of a green card may wish to consult first with an experienced immigration attorney." looks like they are hoping for a client.
We somehow are so risk averse that we always assume the worst case and miss out on opportunities . After I got my EAD in 2012 , I never got my HIB that expired that year. Switched jobs on EAD. Submitted Supp-J only when the RFE came the last 2 times. Moved from IC to Management without the refiling (I still do 75% technical so did not bother ) while so many told me to wait. Had I done that would have missed on so many opportunities .
Nothing Ventured Nothing Gained .
Glad to hear about your experience. While I agree on the outcome, I am not sure if your actions/advice are legally safe if the argument is "this is how it should be" or "lawyers just want more money" or "they wont to keep you bonded for longer" or "come on lets take chances and not miss out opportunities". These are more in the line of thoughts and not advice.
Moveon
03-20-2021, 10:00 PM
Glad to hear about your experience. While I agree on the outcome, I am not sure if your actions/advice are legally safe if the argument is "this is how it should be" or "lawyers just want more money" or "they wont to keep you bonded for longer" or "come on lets take chances and not miss out opportunities". These are more in the line of thoughts and not advice.
Bones 20 , for the record nothing on this forum is "Legal Advice" . Only a lawyer can give you that and they too have a long list of disclaimers. We can only speak from experience and as you put it - one's opinion on a question asked.
Positive
03-21-2021, 12:20 AM
So, based on Chat with Charlie, presuming EB gets 275K for 2022 and do we expect both EB2 and EB3 India dates to reach end of 2013 by the end of 2022 fiscal presuming not too many visas are wasted?
AceMan
03-21-2021, 08:10 AM
So, based on Chat with Charlie, presuming EB gets 275K for 2022 and do we expect both EB2 and EB3 India dates to reach end of 2013 by the end of 2022 fiscal presuming not too many visas are wasted?
Wrong question.
Presume -> ??
Expect -> ??
presuming -> visa wasted??
Positive
03-21-2021, 10:33 AM
Wrong question.
Presume -> ??
Expect -> ??
presuming -> visa wasted??
Well, presume:
There are at least 275k eb visas for 2022 fiscal
EB Visa wasted in 2021 is 10-15% as Charlie inisted was the usual case, or 5% in case of 2020.
Presume EB2, EB3 duplicates (and PERM duplicated) are way bigger than wastage
Can we expect EB2 and EB3 will have final action dates in Dec, 2013 by Sept. 2022 visa bulletin?
vsivarama
03-21-2021, 11:00 AM
Well, presume:
There are at least 275k eb visas for 2022 fiscal
EB Visa wasted in 2021 is 10-15% as Charlie inisted was the usual case, or 5% in case of 2020.
Presume EB2, EB3 duplicates (and PERM duplicated) are way bigger than wastage
Can we expect EB2 and EB3 will have final action dates in Dec, 2013 by Sept. 2022 visa bulletin?
Ask this question again in Oct. Right now there are way too many unknowns to make predictions which are even marginally accurate. There is always the possibility of people getting greened till 2013 the next year, but come October we maybe able to grasp the probability. I am guessing you are more interested in the latter.
AceMan
03-21-2021, 11:08 AM
Well, presume:
There are at least 275k eb visas for 2022 fiscal
EB Visa wasted in 2021 is 10-15% as Charlie inisted was the usual case, or 5% in case of 2020.
Presume EB2, EB3 duplicates (and PERM duplicated) are way bigger than wastage
Can we expect EB2 and EB3 will have final action dates in Dec, 2013 by Sept. 2022 visa bulletin?
EB visa wasted in 2020 was an isolated situation due to covid. Still they managed to use 148 K visas for the year.
EB 2021 had 261,000 visas and next 6 months the remaining visas from 261,000 is going to be exclusively available for Eb2 India majority and Eb3 India minority due to embassies still not working as efficiently in pre covid times
So like the previous poster said wait till October to see if 2013 December dates can be reached in October 2021 itself.
gs1968
03-21-2021, 05:03 PM
EB visa wasted in 2020 was an isolated situation due to covid. Still they managed to use 148 K visas for the year.
EB 2021 had 261,000 visas and next 6 months the remaining visas from 261,000 is going to be exclusively available for Eb2 India majority and Eb3 India minority due to embassies still not working as efficiently in pre covid times
So like the previous poster said wait till October to see if 2013 December dates can be reached in October 2021 itself.
The pandemic has certainly shaken things up and it is hard to know where things stand on a month to month basis.Historically the highest number of EB GCs issued in a single FY since 2000 is 246K in 2005 of which India receive 47K. The next highest number is 161K in 2013. Generally annual approvals have ranged between 135K and 160K per year. If all 262K visas are allotted as available this would be unprecedented and historical.
I think the filing patterns may also have changed although this is just my guess and may e easily refuted by the data nerds in this forum. With all the talk of country cap elimination I think the ROW are also probably starting their GC process immediately on getting the H-1B and as most countries are current they are probably filing I-140 and AOS concurrently. This may avoid a lot of RFEs and make it faster unlike applications filed in 2009-10. The H-1B visas taken up by the Indian Multinational software companies has also decreased and 2019 numbers were less than a third of 2014.(combination of Trump and changing business models) This might be opening up more slots for ROW candidates who are filing for GCs faster
For the anti-immigrant crowd allotment of FB visas to EB is the most optimum solution as the recipients are already by and large in the US and merely changing status.This is in contrast to most FB visas which result in net inflow of people into the country. I really hope that the maximum possible numbers are used as it would be a shame to waste it in both categories
abcx13
03-22-2021, 03:49 AM
Someone posted this link a while back in this thread.
https://www.greencardly.com/#/I-140
https://www.greencardly.com/#/I-485
Has anyone tried to use this to back into potential downgrade demand and how much AoS demand there is from October?
nbk1976
03-22-2021, 07:48 AM
The pandemic has certainly shaken things up and it is hard to know where things stand on a month to month basis.Historically the highest number of EB GCs issued in a single FY since 2000 is 246K in 2005 of which India receive 47K. The next highest number is 161K in 2013. Generally annual approvals have ranged between 135K and 160K per year. If all 262K visas are allotted as available this would be unprecedented and historical.
I think the filing patterns may also have changed although this is just my guess and may e easily refuted by the data nerds in this forum. With all the talk of country cap elimination I think the ROW are also probably starting their GC process immediately on getting the H-1B and as most countries are current they are probably filing I-140 and AOS concurrently. This may avoid a lot of RFEs and make it faster unlike applications filed in 2009-10. The H-1B visas taken up by the Indian Multinational software companies has also decreased and 2019 numbers were less than a third of 2014.(combination of Trump and changing business models) This might be opening up more slots for ROW candidates who are filing for GCs faster
For the anti-immigrant crowd allotment of FB visas to EB is the most optimum solution as the recipients are already by and large in the US and merely changing status.This is in contrast to most FB visas which result in net inflow of people into the country. I really hope that the maximum possible numbers are used as it would be a shame to waste it in both categories
I can?t understand why the USCIS cannot issue conditional green cards valid for 1 year, while the medical and supplemental J can be checked after the issuance. This is the norm with many family based situations. This will speed up the process and ensure all of the folks waiting will get their green cards.
Moveon
03-22-2021, 09:10 AM
I can?t understand why the USCIS cannot issue conditional green cards valid for 1 year, while the medical and supplemental J can be checked after the issuance. This is the norm with many family based situations. This will speed up the process and ensure all of the folks waiting will get their green cards.
That might require passing of special amendments to the GC process as this is a new status . A status between the EAD and GC that needs new paper work, official forms (I-XXX) etc .
Plus the extra overhead for them which they will not undertake. I doubt if it will ever happen .
Lets hope they have interview waivers and use the quota.
Positive
03-22-2021, 10:08 AM
The pandemic has certainly shaken things up and it is hard to know where things stand on a month to month basis.Historically the highest number of EB GCs issued in a single FY since 2000 is 246K in 2005 of which India receive 47K. The next highest number is 161K in 2013. Generally annual approvals have ranged between 135K and 160K per year. If all 262K visas are allotted as available this would be unprecedented and historical.
I think the filing patterns may also have changed although this is just my guess and may e easily refuted by the data nerds in this forum. With all the talk of country cap elimination I think the ROW are also probably starting their GC process immediately on getting the H-1B and as most countries are current they are probably filing I-140 and AOS concurrently. This may avoid a lot of RFEs and make it faster unlike applications filed in 2009-10. The H-1B visas taken up by the Indian Multinational software companies has also decreased and 2019 numbers were less than a third of 2014.(combination of Trump and changing business models) This might be opening up more slots for ROW candidates who are filing for GCs faster
For the anti-immigrant crowd allotment of FB visas to EB is the most optimum solution as the recipients are already by and large in the US and merely changing status.This is in contrast to most FB visas which result in net inflow of people into the country. I really hope that the maximum possible numbers are used as it would be a shame to waste it in both categories
Considering the number of asylees had dropped way more than the increase in EB numbers, I am sure the capacity is there. Whether the will/intent to use up the extra visa is there or not is the question. Funny how the so called "grassroots organizers" for the backlogged community are eerily quiet when a low hanging fruit presents itself. The easiest and most impactful thing to do for them right now is to use their influence to ensure that the extra visas are fully used up as per existing law- a much lighter lift than getting a new law done. This is what makes me believe that these organizers are in it for the money or power, and not to help anyone but themselves.
nbk1976
03-22-2021, 10:27 AM
That might require passing of special amendments to the GC process as this is a new status . A status between the EAD and GC that needs new paper work, official forms (I-XXX) etc .
Plus the extra overhead for them which they will not undertake. I doubt if it will ever happen .
Lets hope they have interview waivers and use the quota.
Most of the applicants are pre-adjudicated, aren't they? Their medicals are expired, sure, and they just have to reconfirm the job offer since they have been pending for years.
Anyway, let's hope they don't waste the visas.
Moveon
03-22-2021, 11:17 AM
Most of the applicants are pre-adjudicated, aren't they? Their medicals are expired, sure, and they just have to reconfirm the job offer since they have been pending for years.
Anyway, let's hope they don't waste the visas.
Pre adjucated is only until April 30th 2010. That might be 15K GCs at most left in that time period to be cleared. They will breeze through it and then hit the new applications. They are the troublesome ones. I don't mind it if they charge more to speed up the process by hiring more contract staff . Even 1K per application is something anyone will pay .
My major concern is TSC. They need to move fast .
phkb2020
03-22-2021, 11:38 AM
What are the chances DOS will have to stall the FA dates movement for EB2 and EB3 to allow TSC to catch up? It looks like TSC is about 3-4 months behind NSC and with rapid progression of dates in March and April visa bulletins they will continue to fall behind.
vsivarama
03-22-2021, 11:51 AM
What are the chances DOS will have to stall the FA dates movement for EB2 and EB3 to allow TSC to catch up? It looks like TSC is about 3-4 months behind NSC and with rapid progression of dates in March and April visa bulletins they will continue to fall behind.
I do not know the inner workings of DOS, but it's not DOS' job to provide cover for USCIS. I have never seen the same strategy applied for ROW. If they are current that means DOS has enough visa numbers supply to meet the demand. Over the years, I have not seen them set a cutoff date for ROW lest USCIS' feelings get hurt.
FlowerPot
03-22-2021, 11:54 AM
Pre adjucated is only until April 30th 2010. That might be 15K GCs at most left in that time period to be cleared. They will breeze through it and then hit the new applications. They are the troublesome ones. I don't mind it if they charge more to speed up the process by hiring more contract staff . Even 1K per application is something anyone will pay .
My major concern is TSC. They need to move fast .
How long do they usually take for Pre-adjudication - 6-9 months? Even ROW and other countries should have the same process timelines for pre-adjudication isn't it? If my understanding is right, when they push the FA dates to 2011 by end of this FY (last quarter) for EB 2/3 I, then, by that time frame many of Oct'20 cases would have already been under processing state for close to an year and have been adjudicated right?
Positive
03-22-2021, 11:57 AM
date movement is based on visa availabilty not processing speed. So, the dates will move whether or not USCIS issues the visas. The USCIS will just increase processing time. They are already showing 1-3 years processing time for the I-485. Not sure they can increase the lower limit beyond 1 year though. If they do, what does the visa availabilty for date movement even mean, or for that matter having two dates and charts A and B. Someone is bound to challenge the legal basis of the whole trainwreck of a visa bulletin at that point.
phkb2020
03-22-2021, 12:17 PM
date movement is based on visa availabilty not processing speed. So, the dates will move whether or not USCIS issues the visas. The USCIS will just increase processing time. They are already showing 1-3 years processing time for the I-485. Not sure they can increase the lower limit beyond 1 year though. If they do, what does the visa availabilty for date movement even mean, or for that matter having two dates and charts A and B. Someone is bound to challenge the legal basis of the whole trainwreck of a visa bulletin at that point.
Fair enough. The reason I ask is if NSC zooms ahead of TSC significantly or if processing delays hamper both service centers, and DOS keeps advancing dates due to lack of visibility of demand, we'll have a repeat of 2007 and 2012. Retrogression will come into play which DHS has been keen to avoid in recent history (two part visa bulletin and what not).
imdeng
03-22-2021, 12:26 PM
But there is not even any risk here moveon. USCIS has no policy on how long a PERM should be valid, how long an I-140 should be valid. Do they expect people to not progress in their career for 15 freaking years!! So don't worry too much my friends. If you are moving especially with the same employer and same line of work - just do it.
Q and I have shared this opinion before - but just to add my voice - don't let immigration complexities stop you from progressing in your job and taking new opportunities. Don't waste good years of your life worrying about what USCIS might do - you do what's best for you, your family and your career.
Not that my case is representative at all - but I had the option to leave a job I was miserable at to take a job that I love, at a place I love which was different than the job in my PERM (teaching vs research). I took it. USCIS did not bat an eye.
abcx13
03-22-2021, 01:04 PM
This user is correct. Processing times for TSC have increased from 12.5 - 31.5 to now 12.5 - 51.5.
Holy cow!
https://www.trackitt.com/usa-discussion-forums/i485-eb/2176077821/longer-i-485-processing-time/page/last_page
https://egov.uscis.gov/processing-times/
Is this in response to Charlie's comments??!
NSC is now showing same 12.5-51.5 month processing times as TSC for 485s.
Does not bode well despite CO's comments?
qesehmk
03-22-2021, 01:52 PM
Q and I have shared this opinion before - but just to add my voice - don't let immigration complexities stop you from progressing in your job and taking new opportunities. Don't waste good years of your life worrying about what USCIS might do - you do what's best for you, your family and your career.
Not that my case is representative at all - but I had the option to leave a job I was miserable at to take a job that I love, at a place I love which was different than the job in my PERM (teaching vs research). I took it. USCIS did not bat an eye.
Good to hear from you imdeng. Hope you are doing well.
I totally agree with this. Folks - this is the whole reason why our blog exists. If one person reads such advice and benefits from it, it's all worth running this blog.
vsivarama
03-22-2021, 01:52 PM
NSC is now showing same 12.5-51.5 month processing times as TSC for 485s.
Does not bode well despite CO's comments?
If USCIS wanted to be efficient, they can hold back on approving new EAD's and AP's. They can still honor renewals. This would expand their capacity to approve additional GCs. At this point I would be happy if my EAD is not approved at all and instead get a GC end of this year.
ak7419
03-22-2021, 03:00 PM
If USCIS wanted to be efficient, they can hold back on approving new EAD's and AP's. They can still honor renewals. This would expand their capacity to approve additional GCs. At this point I would be happy if my EAD is not approved at all and instead get a GC end of this year.
Also, when an applicant's PD is current, and if the same applicant is renewing their EAD/AP, they should approve their GC instead of approving their EAD/AP!
Spectator
03-22-2021, 05:29 PM
There's been some interesting posts recently, discussing the processing capabilities to handle the much larger numbers of EB visas available in FY2021 and FY2022.
I can't find many of them because they have been subsumed by the large number of off-topic posts.
Since the vast majority of EB approvals are AOS, handled by USCIS, I thought it might be useful to contribute some historical figures for AOS approvals.
AOS APPROVALS ONLY
- FY --------- FB ------ EB ----- IR ------ Ref/Asy - Diversity --- Other --- Total
FY1999 ----- 28,325 -- 41,975 - 106,334 ---- 42,852 ----- 2,894 -- 22,413 - 244,793
FY2000 ----- 59,849 -- 84,971 - 188,383 ---- 65,941 ----- 2,892 -- 40,369 - 442,405
FY2001 ----- 73,308 - 137,785 - 273,981 --- 108,506 ----- 1,955 -- 57,724 - 653,259
FY2002 ----- 63,528 - 134,918 - 307,506 --- 126,084 ----- 1,989 -- 45,280 - 679,305
FY2003 ----- 29,112 -- 52,552 - 178,523 ---- 44,927 ----- 2,597 -- 39,705 - 347,416
FY2004 ----- 64,427 - 128,238 - 269,964 ---- 71,230 ----- 2,031 -- 48,031 - 583,921
FY2005 ----- 70,459 - 219,999 - 266,851 --- 142,962 ----- 1,850 -- 36,181 - 738,302
FY2006 ----- 79,709 - 121,587 - 357,127 --- 216,454 ----- 1,853 -- 42,518 - 819,248
FY2007 ----- 52,059 - 133,099 - 277,188 --- 136,125 ----- 1,360 -- 21,216 - 621,047
FY2008 ----- 56,899 - 149,542 - 251,090 --- 166,392 ----- 1,440 -- 15,205 - 640,568
FY2009 ----- 39,787 - 127,135 - 309,073 --- 177,368 ----- 1,277 -- 13,136 - 667,776
FY2010 ----- 26,279 - 136,010 - 252,842 --- 136,291 ----- 1,571 -- 13,583 - 566,576
FY2011 ----- 28,346 - 124,384 - 243,174 --- 168,460 ----- 1,617 -- 14,111 - 580,092
FY2012 ----- 18,560 - 126,016 - 239,986 --- 150,614 ----- 1,356 -- 11,027 - 547,559
FY2013 ----- 26,415 - 140,009 - 232,105 --- 119,630 ----- 1,505 -- 11,138 - 530,802
FY2014 ----- 23,202 - 129,645 - 228,128 --- 134,242 ----- 1,331 -- 18,578 - 535,126
FY2015 ----- 16,783 - 121,978 - 230,194 --- 151,995 ----- 1,268 -- 20,097 - 542,315
FY2016 ----- 15,116 - 113,640 - 257,302 --- 157,425 ----- 1,048 -- 20,896 - 565,427
FY2017 ----- 13,478 - 113,330 - 252,231 --- 146,003 ------- 918 -- 23,126 - 549,086
FY2018 ----- 12,448 - 110,347 - 237,321 --- 185,909 ----- 1,117 -- 20,742 - 567,884
FY2019 ----- 18,999 - 110,689 - 311,474 --- 106,911 ----- 1,003 -- 23,437 - 572,513
FY2020 ** -- 11,433 - 132,459 - 218,243 ---- 64,491 --- Unknown -- 22,681 - 449,307
Average
2009-2019 -- 21,765 - 123,017 - 253,985 --- 148,623 ----- 1,274 -- 17,261 - 565,923
Average % ---- 3.8% --- 21.7% --- 44.9% ----- 26.3% ------ 0.2% ---- 3.1% -- 100.0%
EB @ 221,000 ---------- 39.1% ( 180.0% Average )
EB @ 275,000 ---------- 48.6% ( 224.0% Average )
** Approximate data from various USCIS and DOS reports
Unfortunately, most figures for FY2020 are not available, since this needs USCIS to publish them. I doubt that will happen for another 6 months, judging by last year.
I've tried to estimate the figures based on various published USCIS and DOS reports.
It may be a big ask for USCIS to process twice as many EB AOS applications as normal in a FY, even if some categories are slightly lower.
That, of course, assumes that every adjudicator is capable of adjudicating all types of application.
USCIS isn't known as a nimble or responsive organization - rather it's more like a supertanker - slow to change direction.
Let's see. The old timers know I don't have a particularly high opinion of USCIS.
I hope this information may be useful to others.
suninphx
03-22-2021, 06:08 PM
There's been some interesting posts recently, discussing the processing capabilities to handle the much larger numbers of EB visas available in FY2021 and FY2022.
I can't find many of them because they have been subsumed by the large number of off-topic posts.
Since the vast majority of EB approvals are AOS, handled by USCIS, I thought it might be useful to contribute some historical figures for AOS approvals.
AOS APPROVALS ONLY
- FY --------- FB ------ EB ----- IR ------ Ref/Asy - Diversity --- Other --- Total
FY1999 ----- 28,325 -- 41,975 - 106,334 ---- 42,852 ----- 2,894 -- 22,413 - 244,793
FY2000 ----- 59,849 -- 84,971 - 188,383 ---- 65,941 ----- 2,892 -- 40,369 - 442,405
FY2001 ----- 73,308 - 137,785 - 273,981 --- 108,506 ----- 1,955 -- 57,724 - 653,259
FY2002 ----- 63,528 - 134,918 - 307,506 --- 126,084 ----- 1,989 -- 45,280 - 679,305
FY2003 ----- 29,112 -- 52,552 - 178,523 ---- 44,927 ----- 2,597 -- 39,705 - 347,416
FY2004 ----- 64,427 - 128,238 - 269,964 ---- 71,230 ----- 2,031 -- 48,031 - 583,921
FY2005 ----- 70,459 - 219,999 - 266,851 --- 142,962 ----- 1,850 -- 36,181 - 738,302
FY2006 ----- 79,709 - 121,587 - 357,127 --- 216,454 ----- 1,853 -- 42,518 - 819,248
FY2007 ----- 52,059 - 133,099 - 277,188 --- 136,125 ----- 1,360 -- 21,216 - 621,047
FY2008 ----- 56,899 - 149,542 - 251,090 --- 166,392 ----- 1,440 -- 15,205 - 640,568
FY2009 ----- 39,787 - 127,135 - 309,073 --- 177,368 ----- 1,277 -- 13,136 - 667,776
FY2010 ----- 26,279 - 136,010 - 252,842 --- 136,291 ----- 1,571 -- 13,583 - 566,576
FY2011 ----- 28,346 - 124,384 - 243,174 --- 168,460 ----- 1,617 -- 14,111 - 580,092
FY2012 ----- 18,560 - 126,016 - 239,986 --- 150,614 ----- 1,356 -- 11,027 - 547,559
FY2013 ----- 26,415 - 140,009 - 232,105 --- 119,630 ----- 1,505 -- 11,138 - 530,802
FY2014 ----- 23,202 - 129,645 - 228,128 --- 134,242 ----- 1,331 -- 18,578 - 535,126
FY2015 ----- 16,783 - 121,978 - 230,194 --- 151,995 ----- 1,268 -- 20,097 - 542,315
FY2016 ----- 15,116 - 113,640 - 257,302 --- 157,425 ----- 1,048 -- 20,896 - 565,427
FY2017 ----- 13,478 - 113,330 - 252,231 --- 146,003 ------- 918 -- 23,126 - 549,086
FY2018 ----- 12,448 - 110,347 - 237,321 --- 185,909 ----- 1,117 -- 20,742 - 567,884
FY2019 ----- 18,999 - 110,689 - 311,474 --- 106,911 ----- 1,003 -- 23,437 - 572,513
FY2020 ----- 11,433 - 132,459 -----------------------------------------------------
Average
2009-2019 -- 21,765 - 123,017 - 253,985 --- 148,623 ----- 1,274 -- 17,261 - 565,923
Average % ---- 3.8% --- 21.7% --- 44.9% ----- 26.3% ------ 0.2% ---- 3.1% -- 100.0%
EB @ 221,000 ---------- 39.1% ( 180.0% Average )
EB @ 275,000 ---------- 48.6% ( 224.0% Average )
Unfortunately, most figures for FY2020 are not available, since this needs USCIS to publish them. I doubt that will happen for another 6 months, judging by last year.
It may be a big ask for USCIS to process twice as many EB AOS applications as normal in a FY, even if some categories are slightly lower.
That, of course, assumes that every adjudicator is capable of adjudicating all types of application.
USCIS isn't known as a nimble or responsive organization - rather it's more like a supertanker - slow to change direction.
Let's see. The old timers know I don't have a particularly high opinion of USCIS.
I hope this information may be useful to others.
Spec,
Thanks!
This will help to set realistic expectations!
Spec,
Thanks!
This will help to set realistic expectations!
I am just hoping that at least the entire batch of 2012, which I am a part of graduates this year. TSC is showing some movement today with a couple of approvals/rfes with July/August 2009 PDs.
ak7419
03-22-2021, 06:37 PM
I am just hoping that at least the entire batch of 2012, which I am a part of graduates this year. TSC is showing some movement today with a couple of approvals/rfes with July/August 2009 PDs. TSC is not showing enough movement - one or two cases is not enough.
suninphx
03-22-2021, 07:00 PM
I am just hoping that at least the entire batch of 2012, which I am a part of graduates this year. TSC is showing some movement today with a couple of approvals/rfes with July/August 2009 PDs.
Surely hope so as random approvals have resulted in retrogression previously.
Just saw a EB2 Jan 2010 approval (guessing NSC) on trackitt.
skpanda
03-23-2021, 01:30 AM
All FYI, I have received Finger Printing notices today.
a. EB2 PD Dec 2010
b. I1485/I765/I131 - Applied on 28th Oct 2020
c. Notices received around 3rd week of Dec 2020
d. Fingerprint Notice received on 23rd March 2021
e. Fingerprint appointment date 8th April 2021
Note: My fingerprint notice has both I485 and I765 receipt Numbers.
1312011_eb2I
03-23-2021, 06:23 AM
Which service center??
skpanda
03-23-2021, 07:58 AM
Which service center??
MSC
National Benefits center
RVSree
03-23-2021, 08:03 AM
I have completed Biometrics by first week of March, and waiting for EAD/AP (Online status is still showing as "Fingerprint Fees Was Received", but as per Emma agent our fingerprint has been applied to I-485 and I-765 applications).
What are my option to consider new jobs after completing 180 days under AC-21, my PD is 04/2011 EB2:
a) Join new employer after receiving EAD/AP
b) Join new employer through H1 transfer, given EAD/AP is still pending
- What is the norm with requesting for I-485J, can it be done before joining or once the PD becomes current. Also, is it generally known to be a hassle to obtain this from the HR?
Is there any USCIS policy restriction to change employers for a period of time after receiving GC?
texas_
03-23-2021, 09:46 AM
Updates:
After consulting with my attorney saying, there may be second Biometric for I 485 in future.
I am not sure if anyone else is having similar dilemma. Thought to share with y'all just in case.
Thanks
MeraNumber09
03-23-2021, 10:51 AM
Quick question to the gurus: My lawyer says that my I485, I-765, I-131 were sent to TSC but the receipt number starts with MSCXXXXXX. Lawyer/I believe the case has been transferred to NBC /Missouri as part of Load balancing but no indication of it on the USCIS case history. Is that normal or I'm going paranoid trying to read between the lines?
Thanks!
bikenlalan
03-23-2021, 11:06 AM
Quick question to the gurus: My lawyer says that my I485, I-765, I-131 were sent to TSC but the receipt number starts with MSCXXXXXX. Lawyer/I believe the case has been transferred to NBC /Missouri as part of Load balancing but no indication of it on the USCIS case history. Is that normal or I'm going paranoid trying to read between the lines?
Thanks!
Your application must be sent to the Texas lockbox and not the service center. With what I have seen, cases with downgrade or accompanied by I-140 get routed to TSC or NSC, but others get sent to MSC, the national benefits center. Your application may not have been filed with I-140 so it was sent to MSC.
raradhya
03-23-2021, 11:10 AM
All FYI, I have received Finger Printing notices today.
a. EB2 PD Dec 2010
b. I1485/I765/I131 - Applied on 28th Oct 2020
c. Notices received around 3rd week of Dec 2020
d. Fingerprint Notice received on 23rd March 2021
e. Fingerprint appointment date 8th April 2021
Note: My fingerprint notice has both I485 and I765 receipt Numbers.
Whats your ASC ? i mean the field office related to your zipcode.
Moveon
03-23-2021, 11:11 AM
Surely hope so as random approvals have resulted in retrogression previously.
Just saw a EB2 Jan 2010 approval (guessing NSC) on trackitt.
My friend with PD end of Dec said his card should be in the mail today(he is in NSC ). So Jan seems true for NSC. .
MeraNumber09
03-23-2021, 11:35 AM
Your application must be sent to the Texas lockbox and not the service center. With what I have seen, cases with downgrade or accompanied by I-140 get routed to TSC or NSC, but others get sent to MSC, the national benefits center. Your application may not have been filed with I-140 so it was sent to MSC.
That's True, a Straightforward case with no I-140 or downgrade. So while looking at the processing times for I-131, should I look at the NBC or TSC?
delguy
03-23-2021, 11:54 AM
I got my FP notices for i-485 and i-765 yesterday:
RD: 10/29
FP notice date: 3/17
Recieved: 3/22
Series: MSC
FP Date: 04/05
ak7419
03-23-2021, 11:55 AM
My friend with PD end of Dec said his card should be in the mail today(he is in NSC ). So Jan seems true for NSC. .
I have heard that folks are not having luck with USCIS following senator's inquiry. When will we see movement with TSC 2009 PD cases? Is TSC still processing the downgrade applications that were filed in 2020?
bikenlalan
03-23-2021, 12:05 PM
That's True, a Straightforward case with no I-140 or downgrade. So while looking at the processing times for I-131, should I look at the NBC or TSC?
NBC - National Benefits Center
delguy
03-23-2021, 12:07 PM
I have heard that folks are not having luck with USCIS following senator's inquiry. When will we see movement with TSC 2009 PD cases? Is TSC still processing the downgrade applications that were filed in 2020?
Yes looks like they are still processing downgrades cases. I think once those cases are out of way, they will pick up pending i-485s
ak7419
03-23-2021, 12:13 PM
Yes looks like they are still processing downgrades cases. I think once those cases are out of way, they will pick up pending i-485s
Why cannot they do asynchronous processing :)
Issue RFE for all the 2012 folks and switch to processing 2020 cases. While 2020 cases are getting processed, 2012 folks can get ready/submit their medical RFEs and then TSC can switch back and approve those 2012 cases. Simple as that :)
AceMan
03-23-2021, 12:21 PM
Why cannot they do asynchronous processing :)
Issue RFE for all the 2012 folks and switch to processing 2020 cases. While 2020 cases are getting processed, 2012 folks can get ready/submit their medical RFEs and then TSC can switch back and approve those 2012 cases. Simple as that :)
They do not follow agile or scrum.
Wizoz2
03-23-2021, 12:54 PM
Why cannot they do asynchronous processing :)
Issue RFE for all the 2012 folks and switch to processing 2020 cases. While 2020 cases are getting processed, 2012 folks can get ready/submit their medical RFEs and then TSC can switch back and approve those 2012 cases. Simple as that :)
So frustrating to see no RFEs being issued to 2012 filers. If even going through senator does not work, what will.
delguy
03-23-2021, 12:55 PM
Why cannot they do asynchronous processing :)
Issue RFE for all the 2012 folks and switch to processing 2020 cases. While 2020 cases are getting processed, 2012 folks can get ready/submit their medical RFEs and then TSC can switch back and approve those 2012 cases. Simple as that :)
Think of it this way. Pre 2012 applications are already completed except for updated medicals and 485J. They can send those RFEs enmasse and issue the GC immediately after recieving the RFE response. The new applications has to be processed and if they cant get them out if way quick enough, GCs will be lost.
Give it a month or two and I am sure TSC will catch up quickly.
ak7419
03-23-2021, 12:59 PM
Think of it this way. Pre 2012 applications are already completed except for updated medicals and 485J. They can send those RFEs enmasse and issue the GC immediately after recieving the RFE response. The new applications has to be processed and if they cant get them out if way quick enough, GCs will be lost.
Give it a month or two and I am sure TSC will catch up quickly.
We have been hearing that 2012 cases are low-hanging fruit since time immemorial. We don't believe that anymore!
suninphx
03-23-2021, 01:09 PM
Think of it this way. Pre 2012 applications are already completed except for updated medicals and 485J. They can send those RFEs enmasse and issue the GC immediately after recieving the RFE response. The new applications has to be processed and if they cant get them out if way quick enough, GCs will be lost.
Give it a month or two and I am sure TSC will catch up quickly.
Even at NSC, people are waiting for 2-3 months after replying to RFE to get the GC. So, there no logic whatsoever on how cases are being processed.
Chilli19
03-23-2021, 01:32 PM
I got my FP done yesterday for i-485 and i-765 :
I-485 RD: 10/19
I-765 & I-131 RD : 10/27
FP notice date: 12/17 for Jan 19th (Offices closed due to Pres ceremony)
FP rescheduled received date: 02/27 for Mar 22nd
Processing Center: MSC
Got the online status changed today to "Case Was Updated To Show Fingerprints Were Taken"
ASC: Dallas, TX
maverick2010
03-23-2021, 01:50 PM
I have completed Biometrics by first week of March, and waiting for EAD/AP (Online status is still showing as "Fingerprint Fees Was Received", but as per Emma agent our fingerprint has been applied to I-485 and I-765 applications).
What are my option to consider new jobs after completing 180 days under AC-21, my PD is 04/2011 EB2:
a) Join new employer after receiving EAD/AP
b) Join new employer through H1 transfer, given EAD/AP is still pending
- What is the norm with requesting for I-485J, can it be done before joining or once the PD becomes current. Also, is it generally known to be a hassle to obtain this from the HR?
Is there any USCIS policy restriction to change employers for a period of time after receiving GC?
Can someone answer this question please? Thank you!
delguy
03-23-2021, 02:10 PM
Can someone answer this question please? Thank you!
Either one a or b is ok.
I dont think you have to pro actively send I-485J. Just wait for I-485J RFE and then send it. Before joining you should talk to their HR and let them know that you will need them to fill I-485J and see if they are ok with that. If the company already has H1Bs working for them, they probably know about I-485Js.
maverick2010
03-23-2021, 02:33 PM
Thank you delguy!
I'm also in the same situation. Will be completing 180 days under AC-21 soon but don't have EAD yet. Not sure whether to wait for EAD and then change jobs or just transfer using H1B.
Transformer
03-23-2021, 02:40 PM
Can someone answer this question please? Thank you!
Which part of the question?
Joining another company on H1 or after getting EAD/AP is a personal choice based on circumstances.
There is no restrictions from USCIS on changing jobs after getting GC.
If new company HR will give 485J or not is something you need to discuss with them before joining. You file 485J when you change jobs on AC21, doesn't matter if your date is current or not.
qesehmk
03-23-2021, 03:01 PM
Thank you delguy!
I'm also in the same situation. Will be completing 180 days under AC-21 soon but don't have EAD yet. Not sure whether to wait for EAD and then change jobs or just transfer using H1B.
You don't need EAD to avail of AC21.
EB2IndSep09
03-23-2021, 04:06 PM
Good to see fellow associates are getting closer to Green with some FP appointments and EADs. ..
My case status as of today 3/23.
PD - EB2 Ind Sep 2009
AOS Filing - I-485/I-131/I-765 - RD - 30th Oct 2020
Receipt Notices received - Feb 19th 2020
Processing Center: MSC
Biometric Appointment Notice - Not Received yet
Biometric Appointment Date - TBD
EAD / AP receipt Date - TBD
gcracer
03-23-2021, 04:11 PM
I have completed Biometrics by first week of March, and waiting for EAD/AP (Online status is still showing as "Fingerprint Fees Was Received", but as per Emma agent our fingerprint has been applied to I-485 and I-765 applications).
What are my option to consider new jobs after completing 180 days under AC-21, my PD is 04/2011 EB2:
a) Join new employer after receiving EAD/AP
b) Join new employer through H1 transfer, given EAD/AP is still pending
- What is the norm with requesting for I-485J, can it be done before joining or once the PD becomes current. Also, is it generally known to be a hassle to obtain this from the HR?
Is there any USCIS policy restriction to change employers for a period of time after receiving GC?
I would recommend you not to change job at this time unless it is a great offer. DOS prepared to move final action dates aggressively in the coming months. Your date will be current in 3-4 months for sure. Get GC and move to the new company without any tension. Don't get into trouble when dates are anticipated to move faster.
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