View Full Version : EB2-3 Predictions (Rather Calculations)
Pages :
1
2
3
4
5
6
7
8
9
10
11
[
12]
13
14
15
16
17
18
19
20
21
22
maverick2010
03-23-2021, 04:34 PM
Thank you Q & Transformer for insights!
maverick2010
03-23-2021, 04:39 PM
I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.
ak7419
03-23-2021, 06:06 PM
I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.
You've attained your moksha/salvation! :)
Djidondon
03-23-2021, 09:02 PM
Noob Question, As filling date movement in chart B is based on visa availability and not processing speed, by that the filling dates chart B will move forward whether or not USCIS process any AOS petitions filled for FY2021 before sep 2021.
Meaning, DOS will SO the visa numbers to EB and the filling dates for EB2i and EB3i will move forward like fy2021 for the coming fiscal year 2022 and it does not depend on
1)how many green cards are issued during fiscal year 2021 or
2) how AOS petitions are being processed or
3) how many visa numbers are wasted correct?
moonlight
03-23-2021, 09:42 PM
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.
There are two important points to consider on job change.
1. AC21 with H1B transfer or EAD Case: Job transfer won't impact the GC processing. I-485J Supplement should be enough for this. A person needs to wait for a reasonable time for a job change after getting GC. So it is better to change before getting the card so that clause is not applicable.
2. After GC : FAD is moving fast and the overall scenario looks positive for 485 filers. But there is no certainty when the actual card will be in hand. In addition to that, the person has to stay with their current employer for a reasonable time( as per the lawyer 6 months). So in most cases, the wait will be for over a year.
This is my understanding. Other Gurus can share experience and knowledge.
jimmys
03-23-2021, 10:20 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?
My 2 cents.
I-485J has only to be filed when USCIS requests for it. You don't need to do it proactively. It's clearly laid out in I-485J instructions. Don't sweat on it. Obtaining I-485J is not a hassle if the company HR and Immigration lawyer know what it means to hire people on visa/EAD.
If you want to join them on EAD, you need to wait until your EAD is approved. Else, you can join on H-1B if that suits you.
And, some people responded saying there's supposedly an aggressive movement coming as per Charlie Oppenheimer. I've lived in this country enough not to trust anything comes out of Chalie's mouth. Ever. They have ZERO clue about future movements and/or spillovers. Move on if you like the job and I-485J support is rendered in case of an RFE.
Good luck!
rabp77
03-23-2021, 11:38 PM
My 2 cents.
I-485J has only to be filed when USCIS requests for it. You don't need to do it proactively. It's clearly laid out in I-485J instructions. Don't sweat on it. Obtaining I-485J is not a hassle if the company HR and Immigration lawyer know what it means to hire people on visa/EAD.
If you want to join them on EAD, you need to wait until your EAD is approved. Else, you can join on H-1B if that suits you.
And, some people responded saying there's supposedly an aggressive movement coming as per Charlie Oppenheimer. I've lived in this country enough not to trust anything comes out of Chalie's mouth. Ever. They have ZERO clue about future movements and/or spillovers. Move on if you like the job and I-485J support is rendered in case of an RFE.
Good luck!
i would agree with Jimmys. 485 j is required only if they ask for it using an RFE, or the current position when filing i-485 is different from the one you were at when i-140 was filed. Some people have filed it proactively in some situations where they want USCIS to process their file and generate a medical RFE when their dates are current and USCIS has not yet asked for a medicals. Other than those scenarios, i dont believe there are benefits to file the 485j proactively.
inspired_p
03-23-2021, 11:40 PM
There are two important points to consider on job change.
1. AC21 with H1B transfer or EAD Case: Job transfer won't impact the GC processing. I-485J Supplement should be enough for this. A person needs to wait for a reasonable time for a job change after getting GC. So it is better to change before getting the card so that clause is not applicable.
2. After GC : FAD is moving fast and the overall scenario looks positive for 485 filers. But there is no certainty when the actual card will be in hand. In addition to that, the person has to stay with their current employer for a reasonable time( as per the lawyer 6 months). So in most cases, the wait will be for over a year.
This is my understanding. Other Gurus can share experience and knowledge.
I do not think there any ? reasonable amount? needed after one gets the GC. Experts can definitely chime in on this.
rabp77
03-23-2021, 11:46 PM
I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.
based on the data from those who got current in last november and december, the green cards were being received mostly within 1 week to 1 month of the dates being current. However most of those people had applied 1-2 years ago, so their cases had been pre-adjudicated. The current wave has many cases that are still not pre-adjudicated, so some processing time is expected. I dont belive a 6-12 month time frame to adjudicate is out of line with trends seen in the past. So those who are current should start getting good news soon.
maverick2010
03-24-2021, 09:37 AM
You've attained your moksha/salvation! :)
Once you get greened I may start believing otherwise :) - Please forward the good news soon!
ak7419
03-24-2021, 09:52 AM
based on the data from those who got current in last november and december, the green cards were being received mostly within 1 week to 1 month of the dates being current. However most of those people had applied 1-2 years ago, so their cases had been pre-adjudicated. The current wave has many cases that are still not pre-adjudicated, so some processing time is expected. I dont belive a 6-12 month time frame to adjudicate is out of line with trends seen in the past. So those who are current should start getting good news soon.
Where are you getting your news from? Look at my signature - I am EB2I Sep 2009 who got current in November and yet to see an RFE from USCIS (there are lot of folks like me and also who got current in October bulletin.) Opened two service requests two months ago and no action has been taken. Two tier 2 agents reached out to me explaining how immigration visa numbers are issued but beyond that I did not see any action on my case. Unfortunately, tier 2 agents do not know where my case is being processed. They believe that looking at my receipt number (which starts with LIN) means case is being processed in Nebraska but in reality it is with Texas Service Center.
vsivarama
03-24-2021, 09:56 AM
Noob Question, As filling date movement in chart B is based on visa availability and not processing speed, by that the filling dates chart B will move forward whether or not USCIS process any AOS petitions filled for FY2021 before sep 2021.
Meaning, DOS will SO the visa numbers to EB and the filling dates for EB2i and EB3i will move forward like fy2021 for the coming fiscal year 2022 and it does not depend on
1)how many green cards are issued during fiscal year 2021 or
2) how AOS petitions are being processed or
3) how many visa numbers are wasted correct?
You need to view this in supply and demand economics model. Current FY2021 they have generated the demand for the supply they got and will move dates till their supply is exhausted by sept 2021. If CO has visibility to how many visas are wasted this FY before hand (before publishing the Oct VB), then he will adjust the dates to generate the new demand keeping in mind the wasted visas. So it basically depends on the visibility CO has. The more visibility he has, the more he can precisely move FD. If he has zero visibility then of course he will be forced to generate demand for an additional let's say 135k SO visa numbers.
Turbulent_Dragonfly
03-24-2021, 10:18 AM
Where are you getting your news from? Look at my signature - I am EB2I Sep 2009 who got current in November and yet to see an RFE from USCIS (there are lot of folks like me and also who got current in October bulletin.) Opened two service requests two months ago and no action has been taken. Two tier 2 agents reached out to me explaining how immigration visa numbers are issued but beyond that I did not see any action on my case. Unfortunately, tier 2 agents do not know where my case is being processed. They believe that looking at my receipt number (which starts with LIN) means case is being processed in Nebraska but in reality it is with Texas Service Center.
Have you discussed with your attorney regarding filing a new Supp J to check if that will trigger them to act on your case?
ak7419
03-24-2021, 10:23 AM
Have you discussed with your attorney regarding filing a new Supp J to check if that will trigger them to act on your case? I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.
Turbulent_Dragonfly
03-24-2021, 10:29 AM
I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.
Yeah, I understand the frustration. I filed really early too on Oct 8-9 and completed FP on Dec 8-9 but after the fingerprints were applied, there has been no action on that for nearly 4 months now and my EAD/AP are still pending.
Moveon
03-24-2021, 10:39 AM
I do not think there any ? reasonable amount? needed after one gets the GC. Experts can definitely chime in on this.
There is nothing that specifies that you need to stay with your employer after the GC - https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5 .
The time specified is only during the AOS pending state and not after approval. Is there anything on the USCIS website which specifies that you need to stay with the employer after the AOS. ? I have not been able to find it .
AceMan
03-24-2021, 11:20 AM
I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.
Man, I am following your case. I believe you have registered for the USCIS text updates. You must see the Card Production Ordered SMS very soon.
ak7419
03-24-2021, 11:28 AM
Man, I am following your case. I believe you have registered for the USCIS text updates. You must see the Card Production Ordered SMS very soon.
With expired medicals? Not that my health condition changed since I submitted medicals in 2016 but have there been cases approved with expired medicals?!
AceMan
03-24-2021, 12:23 PM
With expired medicals? Not that my health condition changed since I submitted medicals in 2016 but have there been cases approved with expired medicals?!
Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?
ak7419
03-24-2021, 01:03 PM
Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?
Attorney recommended against it :(
Moveon
03-24-2021, 01:07 PM
Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?
You need the TB test plus the urine test too. the USCIS would mostly ignore the medicals if they did not request for it . But you never know when you are in luck . If you are OK to forego the Medical exam fee then maybe its OK as you will need to repeat it if they request it again . Medicals are ~500 USD each time
AceMan
03-24-2021, 03:42 PM
You need the TB test plus the urine test too. the USCIS would mostly ignore the medicals if they did not request for it . But you never know when you are in luck . If you are OK to forego the Medical exam fee then maybe its OK as you will need to repeat it if they request it again . Medicals are ~500 USD each time
I don't know. If you proactively send, is it sure they ignore the form? I have heard attorney's claiming wait for RFE because your file might be in transit, but in his case it is drop dead like a stone at TSC.
If you don't want to waste $500, send a file marked medicals with blank papers in it. If USCIS is serious they may come back and say the papers are blank, and at that time send the correct file.
krnashvom8
03-24-2021, 03:43 PM
I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.
We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?
rsnake
03-24-2021, 04:20 PM
I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.
We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?
Why not just look up your state's DMV website for what they need? A quick google resulted in this and I don't even live in Texas.
https://www.dps.texas.gov/sites/default/files/documents/driverlicense/documents/verifyinglawfulpresence.pdf
You can get a driver's license in Texas from either your pending I-485 or your EAD. Or even a pending extension of status H1B application.
jimmys
03-24-2021, 05:51 PM
There is nothing that specifies that you need to stay with your employer after the GC - https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5 .
The time specified is only during the AOS pending state and not after approval. Is there anything on the USCIS website which specifies that you need to stay with the employer after the AOS. ? I have not been able to find it .
The link you sent is only for AC21 provision. It's not after GC.
After GC, it's still a grey area. That's where you go with attorney's advice. 6-12 months is considered enough time by most attorneys.
If you leave as soon as you receive your GC then you need to substantiate it to USCIS during N-400 if a need arises. So staying with your employer at least for 6 months is sorta future proof. Leaving earlier than that, you need to be prepared if USCIS asks any questions during N-400.
https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/
And, several others give you the same advice. My attorney recommends at least 6 months.
jimmys
03-24-2021, 05:55 PM
I don't know. If you proactively send, is it sure they ignore the form? I have heard attorney's claiming wait for RFE because your file might be in transit, but in his case it is drop dead like a stone at TSC.
If you don't want to waste $500, send a file marked medicals with blank papers in it. If USCIS is serious they may come back and say the papers are blank, and at that time send the correct file.
Give advice like this and blame USCIS for not working efficiently? Why don't you wait for USCIS RFE before burdening them with unnecessary paperwork that they didn't ask for? I think after I-485 filing the USCIS should reject anything that's sent voluntarily including I-485J.
msbmsb
03-24-2021, 06:45 PM
I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.
We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?
I don't know if there is a straight answer .. not sure if you can present the EAD while on H1. If you can, you may be able to renew the DL till Jan.
If not, you may be able to present the H1 renewal filing to get a one year extension.
If you have an approved H1 or switch to EAD or have the GC, then you can use those
Keep in mind, DPS may trigger a secondary verification, so don't wait untill the last minute to renew.
And DPS is now appointment only, so you need to schedule it well in time.
I think your best bet is to go talk to DPS, go to a mega center as you may be able to get an appointment sooner
vsivarama
03-24-2021, 09:13 PM
I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.
We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?
EAD/AP should be fine even if your are on H1b. You present H1 to prove that you are here in legal status. They are not the least bit interested in your work authorization. Unfortunately there is no card issued to prove that you are pending AOS (which is a legal status that allows a person to stay in US). So instead you can use your EAD even if you are not using your EAD for work authorization.
ak7419
03-24-2021, 09:39 PM
Is anyone aware of OVP*****NSC tickets? Tier 2 agent opened this service request ticket for me and informed that NSC will respond directly. Is anyone familiar with these kinds of tickets?
AceMan
03-24-2021, 09:43 PM
Give advice like this and blame USCIS for not working efficiently? Why don't you wait for USCIS RFE before burdening them with unnecessary paperwork that they didn't ask for? I think after I-485 filing the USCIS should reject anything that's sent voluntarily including I-485J.
It is 6 months since that person is current. With people downgrading, applying for frivolous premium processing for 140 upgrade when it is a real waste of time, I gave a sensible advice to a person to send a decoy to trigger or manufacture the correct response for him.
It is like the Aamir khan advice to millimeter in the movie 3 idiots. Go sit in any class to learn. He don?t need to spend any money other than postage, even that if he uses his companies fedex/ups code it becomes free.
I wanted USCiS to stop asking for medicals like your wish. We both know it?s not happening.
rsnake
03-24-2021, 09:45 PM
Unfortunately there is no card issued to prove that you are pending AOS (which is a legal status that allows a person to stay in US). So instead you can use your EAD even if you are not using your EAD for work authorization.
If you read the PDF I posted, it shows that the Texas DMV is asking for the receipt notice for the I-485 as proof of pending AOS. Why does it matter if it's a card or a document?
Djidondon
03-24-2021, 10:04 PM
You need to view this in supply and demand economics model. Current FY2021 they have generated the demand for the supply they got and will move dates till their supply is exhausted by sept 2021. If CO has visibility to how many visas are wasted this FY before hand (before publishing the Oct VB), then he will adjust the dates to generate the new demand keeping in mind the wasted visas. So it basically depends on the visibility CO has. The more visibility he has, the more he can precisely move FD. If he has zero visibility then of course he will be forced to generate demand for an additional let's say 135k SO visa numbers.
Meaning, if the final action dates for EB3I move 3 years from Jan 2010 ( oct visa bulletin 2020 ) until Dec 2013 before end of fiscal year 2021 September, does that factor to have a forward movement in EB3i filling dates Chart B to move forward for 3 years from Jan 01 2014 to Jan 01 2017 for example?
If the final action doesn?t move forward, will CO not generate demand for additional 135k SO visa numbers and not move the EB3I filling dates ?
rsnake
03-24-2021, 11:05 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.
This doesn't make sense to me. If dates are advanced without visas getting processed, then there is a big risk of a scenario where some people with earlier priority dates might get backlogged and retrogressed while some people with much newer priority dates get greened. I guess this scenario is better than wasted visas but might be in the mind of CO.
Moveon
03-25-2021, 02:01 AM
The link you sent is only for AC21 provision. It's not after GC.
After GC, it's still a grey area. That's where you go with attorney's advice. 6-12 months is considered enough time by most attorneys.
If you leave as soon as you receive your GC then you need to substantiate it to USCIS during N-400 if a need arises. So staying with your employer at least for 6 months is sorta future proof. Leaving earlier than that, you need to be prepared if USCIS asks any questions during N-400.
https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/
And, several others give you the same advice. My attorney recommends at least 6 months.
That is exactly my point . If they have not written it then you should get the benefit of doubt if they ever ask . I still don't understand why lawyers believe 6 months is OK ? Why not 2 years ? Anyway we all have our own interpretations and accept what we feel is the safest option.
If they ever wanted to implement it , then employers should be reporting that to the USCIS.
N-400 is after 5 years , so they can't go back more than 5 years even if the 6 month rule holds.
Like I said before "its your career , your life". Do what can make you sleep well at night . For me grabbing an opportunity (after my own analysis) vs going with someone's interpretation , I have always picked the former .
1312011_eb2I
03-25-2021, 09:15 AM
Fundamentally, GC is applied by an employer based on bonafide basis in anticipation when GC is given to an employee, he/she is expected to work for the employer.
On the other hand, It is illegal to force someone to work for an employer and contract can be canceled by either of the party at anytime.
In earlier days ( and these days as well) , first part was misused by some (so called WITCH) companies to extract money from employees.
These companies modus operandi was to make money by sponsoring GC only and not by providing legit employment and some lawyers (without saying the names) helped them in the game, I know few cases where USCIS asked the people during the (citizenship) interview if they worked for the sponsored employer or not , but I have not seen denial if they were honest.
Point is, if your sponsor is legit, your paper work is legal. No illegal stuff is involved, you can join any company at anytime ( if both parties agree) regardless you on H1,GC or EAD.
vsivarama
03-25-2021, 09:18 AM
Meaning, if the final action dates for EB3I move 3 years from Jan 2010 ( oct visa bulletin 2020 ) until Dec 2013 before end of fiscal year 2021 September, does that factor to have a forward movement in EB3i filling dates Chart B to move forward for 3 years from Jan 01 2014 to Jan 01 2017 for example?
If the final action doesn?t move forward, will CO not generate demand for additional 135k SO visa numbers and not move the EB3I filling dates ?
That has been the historical trend. If CO had moved FD regardless of existing demand a lot of folks from 2010 and 2011 would have been able to file AOS over the last few years.
fastforward
03-25-2021, 03:41 PM
Apologies if this is a repeated question. Any predictions on the filing date for FY22. My PD is Oct 2019. I've seen predictions ranging from 2016 to 2019. Thinking if I should stick with my current employer till September to see how the bulletin looks or just leave. Is there even a slim chance of filing 485 for me?
Thanks
koolkatz
03-25-2021, 07:18 PM
Hello folks,
I stumbled upon this forum through a link from another forum and was reading the last few pages of posts and found the discussion very refreshing. Found the advice from gurus/pandits/senseis on this forum very helpful. After reading I realized a few mistakes I have done due to not knowing the intricacies of immigration system for which I paid with slower career growth.
About myself: Have priority date of Nov 2012 in EB2-I. Had I-140 approved from previous employer and was with them for 9 years but due to various reasons I changed jobs around 3 years ago. New employer is a large well-known tech company and they agreed to file GC only around late last year for me. So, I missed the boat of Oct-Dec 2020 to downgrade to EB3-I and get EAD since I changed jobs and didn't have a PERM/I-140 ready with new employer. I've submitted all the paperwork for GC a couple of months ago and the company's lawyer said that they will file PERM using batch processing next month (they've already done recruitment phase if I am not mistaken). They said will take around 4-5 months for processing which would bring me to Sept/Oct 2021.
I saw the updates on various forums and predictions on websites and youtube video where CO answered questions. I know that accurate data is not available and it depends on how many cases are processed by USCIS. But I wanted to ask a question. My question is that come Oct 2021 i.e. start of FY2022, how likely is USCIS to use filing dates for EB2-I and EB3-I and open the window like they did for 3 months in last calendar year, allowing people to file I-485 at least for the month of Oct 2021? Is there hope for that OR it really depends on the USCIS processing speeds and even for beginning of fiscal year when new numbers come into play it may be unlikely.
My other question is that assuming if the opportunity does come up in Oct 2021, and my company's lawyer files for concurrent I-140 + I-485, since they will have a new PERM approved, could they use premium processing (PP)? I don't expect FAD to be current so not hoping for GC any time soon but would PP help me and my spouse the EAD quickly?
Thanks in advance!
2Be_H1B_Or_Not_2B
03-25-2021, 08:12 PM
I just joined this group and this is my first port.. I am just so mad at myself for not finding this forum sooner.
I went through some of the posts. THANK YOU to Q and other frequent collaborators for your great work..
My Question:
My PD is 2011 Jan 14th. I switched jobs recently and my PERM will be approved in June this year AND I am guessing my PD will be current at the same time.
I have never ever applied EAD/AC21 etc.
So, when my PERM is approved, should I bypass EAD/AC21 etc and file for I-140 and I-485 only.
If I do that, how many months will it take to get the Greeeeeeeeen card in my hands?
2Be_H1B_Or_Not_2B
03-25-2021, 08:36 PM
Hello,
I just joined this amazing forum..
Quick Q: My PD will be current in June this year AND my latest PERM will also be approved at the same time.
Is it a good idea to not file the EAD and file just the I-485? If I do that, how long will it take to get the GC to hand (approximately)?
2Be_H1B_Or_Not_2B
03-25-2021, 08:38 PM
I tried posting a couple of times to this forum.. My posts are not going through. Hope this makes it..
Hello,
I just joined this amazing forum..
Quick Q: My PD will be current in June this year AND my latest PERM will also be approved at the same time.
Is it a good idea to not file the EAD and file just the I-485? If I do that, how long will it take to get the GC to hand (approximately)?
Djidondon
03-26-2021, 03:56 PM
Apologies if this is a repeated question. Any predictions on the filing date for FY22. My PD is Oct 2019. I've seen predictions ranging from 2016 to 2019. Thinking if I should stick with my current employer till September to see how the bulletin looks or just leave. Is there even a slim chance of filing 485 for me?
Thanks
Honestly your chances are none for October 2019 PD for fiscal year 2022
android09
03-26-2021, 04:45 PM
Hello,
I just joined this amazing forum..
Quick Q: My PD will be current in June this year AND my latest PERM will also be approved at the same time.
Is it a good idea to not file the EAD and file just the I-485? If I do that, how long will it take to get the GC to hand (approximately)?
The expectation is Jan 2011 will be current soon. Just because dates are current does not mean you will get your green card right away. You will still need to provide biometrics. When they collect biometrics, its for 765(if applied) and 485. If for some reason there is a processing delay(average processing time is about 12 months for 485. Perhaps more now given the number of cases), and you need to travel out of the country or switch jobs, having an EAD is beneficial. It's not going to cost you anything extra to file(besides lawyer time). I'd suggest you file 765 and 131 as well just as backup. Whether or not you utilize is entirely upto you.
2Be_H1B_Or_Not_2B
03-26-2021, 04:50 PM
The expectation is Jan 2011 will be current soon. Just because dates are current does not mean you will get your green card right away. You will still need to provide biometrics. When they collect biometrics, its for 765(if applied) and 485. If for some reason there is a processing delay(average processing time is about 12 months for 485. Perhaps more now given the number of cases), and you need to travel out of the country or switch jobs, having an EAD is beneficial. It's not going to cost you anything extra to file(besides lawyer time). I'd suggest you file 765 and 131 as well just as backup. Whether or not you utilize is entirely upto you.
Thank you android09 for the reply.
Moveon
03-26-2021, 04:53 PM
Apologies if this is a repeated question. Any predictions on the filing date for FY22. My PD is Oct 2019. I've seen predictions ranging from 2016 to 2019. Thinking if I should stick with my current employer till September to see how the bulletin looks or just leave. Is there even a slim chance of filing 485 for me?
Thanks
Yes . Even with immigration reform and Visa recaptures (will take a miracle indeed), Oct 2019 India will not get current for a few years . Jump dude.
AlmostThere
03-26-2021, 07:10 PM
People who applied in 2012 and replied to RFE in Dec/Jan. I would be surprised if these cases are not pre adjudicated already (at least majority of them). It's like a blackhole.
I recently checked with manager and he confirmed there won't be salary raise after i get GC :) , my bank told me mortgage would be the same :) and my wife is planning to visit India at least twice a year (instead of once a year) once we have GC. So there is that. :) :)
Well here is this too .... a) Ask your manager that the CTC(cost to company) + Risk will decrease , so not immediately but in the next appraisal cycle you should get a higher raise, I have seen this. b) Mortgage probably not, but yeah fyi.. BofA- Merrill lynch does NOT offer trading account to H1B's, but they do for GC c) ask your mother-in-law how happy she will be meeting her daughter twice a year.... As Mastercard Ad says somethings are "Priceless".
vsivarama
03-26-2021, 10:18 PM
I saw the updates on various forums and predictions on websites and youtube video where CO answered questions. I know that accurate data is not available and it depends on how many cases are processed by USCIS. But I wanted to ask a question. My question is that come Oct 2021 i.e. start of FY2022, how likely is USCIS to use filing dates for EB2-I and EB3-I and open the window like they did for 3 months in last calendar year, allowing people to file I-485 at least for the month of Oct 2021? Is there hope for that OR it really depends on the USCIS processing speeds and even for beginning of fiscal year when new numbers come into play it may be unlikely.
Chances are pretty high that USCIS will open up filing dates again in October. The only reason I see them not to do it would be if the below two things ring true i) They waste visas on an astronomical scale AND ii) They got way more applications than expected when they opened the gates last year. Your real race will be to get your PERM approved by oct/Nov/Dec timeframe. Even without that there is still hope for you. Even with USCIS wasting 30% of GC numbers this year and next year the FAD could still be current for your PD in both EB2 and EB3 by end of FY2022.
My other question is that assuming if the opportunity does come up in Oct 2021, and my company's lawyer files for concurrent I-140 + I-485, since they will have a new PERM approved, could they use premium processing (PP)? I don't expect FAD to be current so not hoping for GC any time soon but would PP help me and my spouse the EAD quickly?
Thanks in advance!
They most definitely can use PP while filing your i140 application because they have the original copy of your PERM. EAD is no way related to PP or i140 and so it will take it's own sweet time. Your i140 does NOT need to be approved to get your EAD/AP. It's a benefit you get on account of filing i485. All the best!!
maduraikaran
03-27-2021, 08:16 PM
https://www.youtube.com/watch?v=DPfalhY8vPY
As per above video, for the next few months, EB2IC movement will be on par or better than March/April 2021
krnashvom8
03-28-2021, 08:34 PM
What is the prediction for next (May) VB for EB2I FAD movement given CO's March 17th Youtube "Chat with Charlie"? Just wanted to gauge what is the range you guys think the FAD will move to.
qesehmk
03-28-2021, 08:43 PM
Friends - to keep this thread for its original purpose - I have moved some of the recent application status related discussion to a new thread. Here is the link. you can also access it from navigation bar.
https://www.qesehmk.org/forums/showthread.php/2950-Application-Status
If threads stick to their purpose then it helps everybody. So please follow this discipline.
Transformer
03-28-2021, 09:37 PM
What is the prediction for next (May) VB for EB2I FAD movement given CO's March 17th Youtube "Chat with Charlie"? Just wanted to gauge what is the range you guys think the FAD will move to.
I expect around 4-5 months for EB2I and 2-3 months for EB3I.
AlmostThere
03-29-2021, 08:48 AM
What is the prediction for next (May) VB for EB2I FAD movement given CO's March 17th Youtube "Chat with Charlie"? Just wanted to gauge what is the range you guys think the FAD will move to.
I "feel":
May Bulletin: EB2 = 09/01 (+4 Months)
June Bulletin: EB2 = 12/01 (+3 Months)
July Bulletin: EB2 = 02/01 (+2 Months)
Aug Bulletin: EB2 = 05/01 (+3 Months)
Sep Bulletin: EB2 = 06/15 (+6 Weeks) - based on downgrades to EB3
I am EB2 Nov'2010, so focussing only on EB2.
Again, no number heres - just intuition.
vsivarama
03-29-2021, 09:45 AM
What is the prediction for next (May) VB for EB2I FAD movement given CO's March 17th Youtube "Chat with Charlie"? Just wanted to gauge what is the range you guys think the FAD will move to.
Predictions could become really messy in the near future. By end of FY2021, I wouldn't be surprised to see FAD in late 2012 (even though going strictly by the numbers it is not expected to reach 2012). CO could just advance the dates in order to capture applications that are pre-adjudicated. Remember that all applications are not created equal and so their processing speeds would depend on myriad of factors like the application itself or the Adjudicating Officer or Service Center etc. EB3 could get vertical spillover too. Yes you heard it right. @Spec had a very informative post regarding EB3 numbers of South Korea and Philippines and how they got more than their share of 2800 GCs in EB3. With the same logic, if there are not many pre-adjudicated cases in EB2 they could use up the numbers in EB3. So all in all it's going to be an interesting few months if USCIS shows the right intent.
smuggymba
03-29-2021, 10:29 AM
https://www.youtube.com/watch?v=DPfalhY8vPY
As per above video, for the next few months, EB2IC movement will be on par or better than March/April 2021
What's the point of dates moving to 2011/12 when USCIS can't even process November 2009 candidates?
vsivarama
03-29-2021, 10:48 AM
What's the point of dates moving to 2011/12 when USCIS can't even process November 2009 candidates?
That's not a DOS problem, It's USCIS problem. One very good thing, I can think off is that a lot of kids can be saved from aging out.
gcconnect
03-29-2021, 11:04 AM
That's not a DOS problem, It's USCIS problem. One very good thing, I can think off is that a lot of kids can be saved from aging out.
Good point vsivarama . Lot of kids age locked with that even though Zig zag or random GC allocation happens, hoping that FAD retrogression wont unlock kids age.
jackryan041815
03-29-2021, 11:19 AM
Good point vsivarama . Lot of kids age locked with that even though Zig zag or random GC allocation happens, hoping that FAD retrogression wont unlock kids age.
thats the benefit, retrogression does NOT unlock kids age. Once FAD becomes current for your priority date, from the first of that month, your child's age is locked.
AceMan
03-29-2021, 11:20 AM
What's the point of dates moving to 2011/12 when USCIS can't even process November 2009 candidates?
The point is the kids with non US passport will be protected under CSPA if the final dates are current. It is a big deal for a lot of people waiting.
jackryan041815
03-29-2021, 11:24 AM
The point is the kids with non US passport will be protected under CSPA if the final dates are current. It is a big deal for a lot of people waiting.
Indeed! One of those people is me!!
AceMan
03-29-2021, 11:32 AM
Predictions could become really messy in the near future. By end of FY2021, I wouldn't be surprised to see FAD in late 2012 (even though going strictly by the numbers it is not expected to reach 2012). CO could just advance the dates in order to capture applications that are pre-adjudicated. Remember that all applications are not created equal and so their processing speeds would depend on myriad of factors like the application itself or the Adjudicating Officer or Service Center etc. EB3 could get vertical spillover too. Yes you heard it right. @Spec had a very informative post regarding EB3 numbers of South Korea and Philippines and how they got more than their share of 2800 GCs in EB3. With the same logic, if there are not many pre-adjudicated cases in EB2 they could use up the numbers in EB3. So all in all it's going to be an interesting few months if USCIS shows the right intent.
Eb2 I had about 30,000 approved 140's till May 2011, according to the tweet shared by David Bier.
That was approximately the total number of Eb1 140 approved from India in 2020 March, which took a year to clear.
However the dependent demand for E2 I will be less than Eb1, which means the chances of covering the same numbers in 6 months is possible for EB2.
iamdeb
03-29-2021, 11:38 AM
I "feel":
May Bulletin: EB2 = 09/01 (+4 Months)
June Bulletin: EB2 = 12/01 (+3 Months)
July Bulletin: EB2 = 02/01 (+2 Months)
Aug Bulletin: EB2 = 05/01 (+3 Months)
Sep Bulletin: EB2 = 06/15 (+6 Weeks) - based on downgrades to EB3
I am EB2 Nov'2010, so focussing only on EB2.
Again, no number heres - just intuition.
going by what CO said, EB2/3 I FAD will be near the FD by Sep 2021...i am not sure how EB3I FAD can reach Jan 1 2014 in next 5 months..am i missing something here....
AceMan
03-29-2021, 11:55 AM
going by what CO said, the for EB2/3 I FAD will be near the FD by Sep 2021...i am not sure how EB3I FAD can reach Jan 1 2014 in next 5 months..am i missing something here....
EB3 I Final dates had jumped from January 07 to January 09 from March 2018 bulletin to August 2018. A similar or better movement can happen from May 2021 to September 2021 if we take CO's words at face value.
iamdeb
03-29-2021, 12:00 PM
EB3 I Final dates had jumped from January 07 to January 09 from March 2018 bulletin to August 2018. A similar or better movement can happen from May 2021 to September 2021 if we take CO's words at face value.
yes even considering that jump, it was for 2 years from Jan 07 to Jan 09...here we are talking about more than 3 years from Sep 1 2010 to Jan 1 2014.........
vsivarama
03-29-2021, 01:39 PM
yes even considering that jump, it was for 2 years from Jan 07 to Jan 09...here we are talking about more than 3 years from Sep 1 2010 to Jan 1 2014.........
In the same video you probably also heard Charlie say that he has no visibility to downgrade numbers. So absent that information it's only correct of him to assume FAD will catch up with FD in EB3. Once he gets the demand for downgrade, he will probably readjust his forecast. He is making prediction based on current facts on the ground. Once they change his prediction will change.
immif4t
03-29-2021, 01:43 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
Transformer
03-29-2021, 02:04 PM
Once he gets the demand for downgrade, he will probably readjust his forecast.
I completely agree with you on this. Based on the number of downgrades, I would expect EB3I FAD to end up somewhere in early-mid 2012 even if USCIS doesn't waste lot of visas.
shekhar_kuruk
03-29-2021, 02:27 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
Your guess is as good as mine. Honestly you will be lucky to be current anytime in the next 3-5 years. This does not do you any good since it is pretty vague but you would be lucky to have your green card by 2025.
AceMan
03-29-2021, 02:55 PM
yes even considering that jump, it was for 2 years from Jan 07 to Jan 09...here we are talking about more than 3 years from Sep 1 2010 to Jan 1 2014.........
By Month
Employment
Month ----------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
October ----------- 1 ----- 19 ---- 436 ----- 76 ------ 1 ----- 533
November ---------- 6 ----- 13 ---- 673 ----- 58 ----- 15 ----- 765
December --------- 26 ----- 47 ---- 881 ----- 64 ----- 28 --- 1,046
January ----------- 6 ----- 12 -- 1,320 ----- 36 ----- 32 --- 1,406
February ---------- 6 ----- 23 -- 1,020 ---- 127 ---- 158 --- 1,334
Grand Total ------ 45 ---- 114 -- 4,330 ---- 361 ---- 234 --- 5,084
For comparison, EB consular approvals at this stage were 13,555 in FY2020.
Family
Month ----------- FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 --- Total
October ---------- 36 ----- 61 ----- 18 ----- 20 ---- 124 ----- 259
November --------- 30 ----- 99 ----- 24 ----- 62 ---- 135 ----- 350
December --------- 39 ---- 116 ----- 14 ----- 16 ----- 72 ----- 257
January ---------- 20 ---- 147 ------ 8 ----- 46 ----- 75 ----- 296
February --------- 36 ---- 103 ----- 17 ----- 46 ---- 113 ----- 315
Grand Total ----- 161 ---- 526 ----- 81 ---- 190 ---- 519 --- 1,477
For comparison, FB consular approvals at this stage were 83,142 in FY2020.
For the last 5 months, consulates are averaging about 300 visas every month. Based on Spec's post, Consulates can churn out 18,000 approvals on average every month on normal working conditions. We might see an even better windfall for EB in 2022 with total numbers more than 300,000 if the above pattern continues at consulates for the next 6 months.
With no respite to pandemic in lot of parts around the world, there are chances that spillover can be even more than 200,000 for FY 2022
With that kind of numbers in the horizon, I think CO will be pushing the EB3 numbers to December 2013 before August 2021. All the downgraded people are ready to be pre adjudicated within a month.
The only people now we have to worry is the people who did not downgrade in October 2020, attempts to downgrade now when final dates pass their EB2 date, even though there are signs their numbers are good enough to be covered this FY.
idliman
03-29-2021, 03:44 PM
I just joined this group and this is my first port.. I am just so mad at myself for not finding this forum sooner.
I went through some of the posts. THANK YOU to Q and other frequent collaborators for your great work..
My Question:
My PD is 2011 Jan 14th. I switched jobs recently and my PERM will be approved in June this year AND I am guessing my PD will be current at the same time.
I have never ever applied EAD/AC21 etc.
So, when my PERM is approved, should I bypass EAD/AC21 etc and file for I-140 and I-485 only.
If I do that, how many months will it take to get the Greeeeeeeeen card in my hands?
As some info is missing, I assume that you are in EB2. When did you file I485 and has 180 days passed after the application was received by USCIS? Then only you can talk about AC21.
Zenzone
03-29-2021, 03:59 PM
Didn't mean to burst any bubble rather take me as a voice of practicality here. Once EB3 FAD crosses May 2011 expect the lane traffic to completely flip b/w EB2 to EB3 due to downgrades. I would guess both EB2 and EB3 finish off this September with no more than 6 months difference in the FAD (EB3 ahead of EB2 by 6 months or so) based on demand data accounting for downgrades. With 10-15% visa wastage you can expect - EB2 @ somewhere b/w Jan-May 2011 and EB3 @ somewhere between June-Sep 2011 come this September 2021.
immif4t
03-29-2021, 04:10 PM
Didn't mean to burst any bubble rather take me as a voice of practicality here. Once EB3 FAD crosses May 2011 expect the lane traffic to completely flip b/w EB2 to EB3 due to downgrades. I would guess both EB2 and EB3 finish off this September with no more than 6 months difference in the FAD (EB3 ahead of EB2 by 6 months or so) based on demand data accounting for downgrades. With 10-15% visa wastage you can expect - EB2 @ somewhere b/w Jan-May 2011 and EB3 @ somewhere between June-Sep 2011 come this September 2021.
Hello,
Is this not going to be the case? - EB3 FAD to become 01/Jan/2014 or 2015? over the next 5 years? because they already forecasted how many number of applications they can accept.
immif4t
03-29-2021, 04:12 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
@aceman, @visvarama can you please provide an answer for my question above?
immif4t
03-29-2021, 04:18 PM
Didn't mean to burst any bubble rather take me as a voice of practicality here. Once EB3 FAD crosses May 2011 expect the lane traffic to completely flip b/w EB2 to EB3 due to downgrades. I would guess both EB2 and EB3 finish off this September with no more than 6 months difference in the FAD (EB3 ahead of EB2 by 6 months or so) based on demand data accounting for downgrades. With 10-15% visa wastage you can expect - EB2 @ somewhere b/w Jan-May 2011 and EB3 @ somewhere between June-Sep 2011 come this September 2021.
So you are predicting the FAD. will the dates not move further in Oct/2021? is it correct that there will be another wave of clearance in Oct/2021? does it result in further movement of the FAD of EB3 and/or EB2 ?
Just trying to understand what is the point then to ask people with PD of 01/Jan/2015 to apply and to only process applications until June-Sep 2011?
Turbulent_Dragonfly
03-29-2021, 04:31 PM
So you are predicting the FAD. will the dates not move further in Oct/2021? is it correct that there will be another wave of clearance in Oct/2021? does it result in further movement of the FAD of EB3 and/or EB2 ?
This may seem like a cop-out, but here is my take: We know we are getting 120k extra numbers in FY2021 for EB and the same or likely a lot more than that for FY2022. Since you are so far out (9/2016), it may be Oct 2022 before there can be any prediction for your date. By then there will be two cycles of massive spillover history and more importantly data on if and how many spillover numbers were wasted by USCIS. There were huge I-140 numbers in the intervening years between 2010/11 and 2016 so absent any legislation like not counting dependents or recapture, it may be some time to be honest. 2015-2016 was bonkers.
Take a look at these charts: https://www.uscis.gov/sites/default/files/document/data/I140_rec_by_class_country_FY2020_Q1_Q2.pdf
iamdeb
03-29-2021, 04:54 PM
Didn't mean to burst any bubble rather take me as a voice of practicality here. Once EB3 FAD crosses May 2011 expect the lane traffic to completely flip b/w EB2 to EB3 due to downgrades. I would guess both EB2 and EB3 finish off this September with no more than 6 months difference in the FAD (EB3 ahead of EB2 by 6 months or so) based on demand data accounting for downgrades. With 10-15% visa wastage you can expect - EB2 @ somewhere b/w Jan-May 2011 and EB3 @ somewhere between June-Sep 2011 come this September 2021.
2 cents is EB3 will be ahead of EB2 only for couple of bulletins more......currently EB2I is behind EB3I by only 4 months and the in the April bulletin Eb2 moved ahead by 3.5 months and closed some of the gap....
as per the CO he doesn't have visibility into the downgrades yet ....but he also said that he was slowly seeing those downgrades which were filed in Oct or early Nov last year....my gut feeling is that EB2 will catch up with EB3 in the next 2 bulletins and stay ahead of EB2 from then onwards as all the downgrades would have hit the database by then.....
username1
03-29-2021, 05:29 PM
Any predictions or ideas about EB2 I (PD Aug 2009) RFE response review times?
The lawyer submitted RFE in Jan 2nd week to TSC, RFE included 485j and medicals. No response yet, it is about 80 days. Any predictions on RFE response review times at TSC.
vsivarama
03-29-2021, 05:40 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
I do not see a path for EB2 - Sep 2016 to be current next FY 2022. There maybe more of a chance in EB3. But for EB3 to progress till your date, USCIS needs to keep the visa wastage to a minimum. The second page of the below chart gives the approved i140s for Indian nationals from 2009 - 2019. So the approved i140 numbers in EB2 till end of 2015 would be around 14000 + 22311+ 21440 + 25634 + 32702 = 116087. I have taken an estimate of 14000 for year 2011 assuming everyone till May 15th, 2011 in EB2 gets a GC. 116087 are just the primary applicants, factoring in dependents the number doubles. Even with 40 % downgrades to EB3 it still leaves ((116087 * 2) * 0.6) = 139304 applications in EB2 till end of 2015. You can do a similar Math for EB3. Here you add up the 40% downgraded numbers each year from EB2 to EB3 totals (from 2011 to 2015) and multiply it by 2 to factor in dependents. You can do the math and see how likely it is for your PD to be included. I have used 40% downgrades, it's an arbitrary number and a judgement call. Unless we get the actual data it's just assumptions here.
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
idliman
03-29-2021, 08:39 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
All of you asking for PD movement predictions, please have some patience. Earlier we used to have Pending inventory data from USCIS. They are no longer publishing that data. Also future movements depend on how many GCs that USCIS processes this year. If they endup wasting spillover, all those people who are in the queue before you will always be ahead of you. We don't know how many people had downgraded from EB2 to EB3. So you cannot say for sure whether EB2 will be faster or EB3 will be faster. DOS Consular Affairs is starting to be more open. They are having YouTube discussions and such. It is just a matter of time, before they publish the data. I suspect that they have not received good input from USCIS yet.
Till reliable numbers come out from USCIS, any prediction will be the equivalent of DSP Singham knocking out 10 bad guys in one blow.
AceMan
03-29-2021, 09:05 PM
@aceman, @visvarama can you please provide an answer for my question above?
Are you looking for Filing or Final? Might be feasible if the dates are moved to December 2016 in Oct 21 bulletin. For that to happen EB should be getting close to 200,000 spill over visas from Family.
I would recommend you to read the post by most of the people here to have an understanding of how the numbers are presented.
Zenzone
03-30-2021, 08:16 AM
All of you asking for PD movement predictions, please have some patience. Earlier we used to have Pending inventory data from USCIS. They are no longer publishing that data. Also future movements depend on how many GCs that USCIS processes this year. If they endup wasting spillover, all those people who are in the queue before you will always be ahead of you. We don't know how many people had downgraded from EB2 to EB3. So you cannot say for sure whether EB2 will be faster or EB3 will be faster. DOS Consular Affairs is starting to be more open. They are having YouTube discussions and such. It is just a matter of time, before they publish the data. I suspect that they have not received good input from USCIS yet.
Till reliable numbers come out from USCIS, any prediction will be the equivalent of DSP Singham knocking out 10 bad guys in one blow.
Agree! There is no data watsover to be precise here. But its common sense to assume that anyone after May-2011 would have downgraded (if it was ever an option) to get their EAD at the minimum.
moonlight
03-30-2021, 11:19 AM
From April 2021 onward, the October filers will gradually be eligible for AC 21 and H1B transfer. Will these new petitions impact EAD/GC processing speed?
Not sure if the same USCIS manpower is allocated to process all kinds of applications.
Transformer
03-30-2021, 11:45 AM
From April 2021 onward, the October filers will gradually be eligible for AC 21 and H1B transfer. Will these new petitions impact EAD/GC processing speed?
I am not concerned with the volume of AC21 applications. Since the FAD dates are moving aggressively, I believe few people change companies unless it is a good offer. Even if they do, I don't think it's lot of work to approve 485j. Also I believe very small set of people opt for H1 transfer after AC21 eligible.
My main concern will be new H1 applications and how USCIS prioritizes them over 485 applications.
Djidondon
03-30-2021, 12:51 PM
My PD is 22/Sep/2016 currently EB2 India. when can i expect my PD to be come current in both EB2 & EB3 India please?
Chances are high to be in filling dates in Oct 2021 visa bulletin, I?m assuming until March 2017 EB3I to be current in filling dates.
android09
03-31-2021, 10:10 AM
Here is a question...can we really trust the USCIS "Case Status" for anything? Not sure it reflects the real time status. I ask because my I-140 was approved back in 2019, the company received the physical approval notice in 2019 itself and we've used it to submit I-485 documents, have receipts for I-485, I-765, I-131 and have finished biometrics but the status on the website for I-140 still says "Received" for I-140 two years out. Wondering when those statuses actually update?
ShivaPrasad
03-31-2021, 10:16 AM
I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.
We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?
If you have valid EAD, that and Passport is enough. Do take I94 just in case.
amey111
03-31-2021, 10:20 AM
Hello all,
First of all thank you to all the experts for the wonderful advice/discussions here. I have been a silent reader for a while now, and posting on this forum for the first time. My apologies if this is the wrong thread.
Current Situation:
Priority Date: Oct 2012
EAD and AP received on Mar 30, 2021 (applied on Oct 9, 2020)
Pending I-140 approval for downgrade from EB2 to EB3 (applied on Oct 9, 2020)
My spouse is on H1-B, just changed jobs, and obviously has no PERM with new employer
I have an offer for a new job from an employer who will NOT transfer H1-B. I want to know the process to change jobs on EAD while minimizing risks.
The process per my understanding:
1. Stay with current employer till I-140 downgrade approve. I do not want to risk rejection and/or RFE situation with I-140.
2. Once I-140 approved and offer details with new employer finalized, apply I-485 J for change of job
3. Once I-485J approved, resign from current employer and join new job
Could the experts please chime in if my understanding of the process is correct? What are the risks of joining new employer on EAD and let go of H1-B?
Thank you.
vsivarama
03-31-2021, 11:51 AM
Here is a question...can we really trust the USCIS "Case Status" for anything? Not sure it reflects the real time status. I ask because my I-140 was approved back in 2019, the company received the physical approval notice in 2019 itself and we've used it to submit I-485 documents, have receipts for I-485, I-765, I-131 and have finished biometrics but the status on the website for I-140 still says "Received" for I-140 two years out. Wondering when those statuses actually update?
USCIS is usually good about updating the status. But there could be some applications 5% - 10% where the status never updates. Could be something manual that the officer needs to trigger which never got triggered. At this point, I would not hold out hope for a status change for your i140 application from nearly 2 years ago. Anyways, now that you have your physical copies, the online status does not matter.
Moveon
03-31-2021, 02:49 PM
USCIS is usually good about updating the status. But there could be some applications 5% - 10% where the status never updates. Could be something manual that the officer needs to trigger which never got triggered. At this point, I would not hold out hope for a status change for your i140 application from nearly 2 years ago. Anyways, now that you have your physical copies, the online status does not matter.
I recall that my I-140 status updated a couple of days after we received the paper copies in 2010 . The lawyer said that it would not matter as long as we had the paper copies, but anyway after 2-3 days updated online.
bones20
04-01-2021, 02:02 PM
The process per my understanding:
1. Stay with current employer till I-140 downgrade approve. I do not want to risk rejection and/or RFE situation with I-140.
2. Once I-140 approved and offer details with new employer finalized, apply I-485 J for change of job
3. Once I-485J approved, resign from current employer and join new job
Could the experts please chime in if my understanding of the process is correct? What are the risks of joining new employer on EAD and let go of H1-B?
Thank you.
I am no expert but you can switch job immediately once the below conditions are met:
1. i-140 approved
2. i-485 pending for more than 180 days
3. new job in similar category.
i-485j can be filed post joining or if/once there is an rfe or not filed at all (should be carried along at the time of interview)
Risks of abandoning H1b:
1. if for whatever reason, your i-485 gets declined, you will immediately fall out of status
moonlight
04-01-2021, 09:57 PM
I am no expert but you can switch job immediately once the below conditions are met:
1. i-140 approved
2. i-485 pending for more than 180 days
3. new job in similar category.
i-485j can be filed post joining or if/once there is an rfe or not filed at all (should be carried along at the time of interview)
Risks of abandoning H1b:
1. if for whatever reason, your i-485 gets declined, you will immediately fall out of status
Another risk to keep in mind...
2. Nowadays EAD renewal takes more than 6 months. When GC is not received and EAD renewal application is pending till its expiration; you will not be able to work after expiration. Though your status will be still legal.
mitul75
04-02-2021, 06:46 AM
Another risk to keep in mind...
2. Nowadays EAD renewal takes more than 6 months. When GC is not received and EAD renewal application is pending till its expiration; you will not be able to work after expiration. Though your status will be still legal.
Actually this is not true for people with I-485 pending status (c-09, AoS category). As long as you have filed your EAD renewal form I-765 before it expires, it gets renewed automatically for another 180 days. All you have to show to the authorities is the I-765 receipt notice. I have firsthand experience of this a couple years back. In certain states, your DL can also be extended using this rule. Please check with your local DMV.
https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances
longwaitgigu
04-02-2021, 08:40 AM
This post is for information
Couple of weeks ago, I had asked question about L2 EAD EXPIRING( march 9) of one of our friend.
His ead is approved ( april 1)
It seems the lawyer had contacted uscis officer and he got biometric appointment and ead approved in 3 days.
Note- he works for company which is involved in research and manufacturing covaid vaccine and company urged uscis for approval of his ead
aGCHopefull
04-02-2021, 10:30 AM
Actually this is not true for people with I-485 pending status (c-09, AoS category). As long as you have filed your EAD renewal form I-765 before it expires, it gets renewed automatically for another 180 days. All you have to show to the authorities is the I-765 receipt notice. I have firsthand experience of this a couple years back. Your DL can also be extended using this rule.
https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances
While you are correct about auto extension of EAD for 180 days, I am not sure on DL part though. Can that be extended for 180 days as well? I see you are in NJ, does NJ DMV allow that? If so what documents are needed? Could you please confirm and provide details?
Transformer
04-02-2021, 11:13 AM
Your DL can also be extended using this rule.
Agree with you on everything but DL part. Every state's DMV handles DL extension differently so we can't generalize that.
mitul75
04-02-2021, 02:42 PM
While you are correct about auto extension of EAD for 180 days, I am not sure on DL part though. Can that be extended for 180 days as well? I see you are in NJ, does NJ DMV allow that? If so what documents are needed? Could you please confirm and provide details?
In NJ they allow extension based on I-765 receipt - again this is from firsthand experience. The agent at the front desk may not recognize the document, but if you insist on speaking to a supervisor, they acknowledge the ruling and accept it as a valid document.
You will need you social security card, foreign passport, expired EAD card, and the I-765 receipt notice from USCIS. You may also want to take a printout of USCIS ruling that I shared on my previous post.
mitul75
04-02-2021, 04:38 PM
Agree. Updated my last post with clarification.
maverick2010
04-02-2021, 05:26 PM
Friends,
Quick question regarding ASC fingerprinting and FBI check. Will the FBI check happen right after ASC fingerprinting is taken or will it happen when officer picks up the case finally to adjudicate?
Thanks
EB2-I; PD: 09/2010
getsaby
04-04-2021, 11:24 AM
Yes, we are also on same boat FP applied on February 9, 2021 to form I-485, filed AOS first time on 10/21/2020, NBC is working on our case.
letmesee
04-05-2021, 11:12 AM
Got my FP notice 2 weeks from now. I have not submitted medicals along with I485. I'm expecting my date to be current in next months bulletin. Does anyone have an idea on how long does it take to get an medical RFE once date becomes current. Reason is I'm planning an overseas trip once I have AP in hand but do not wanna miss out to responding to medical rfe as soon as I get it.
getsaby
04-05-2021, 11:32 AM
They are giving 3 months to respond to a Medical RFE and also based on the discussion with my lawyer you can extend it by another 2 months.
We are also waiting for Medical RFE for dependent filed on 10/22/2020, FP applied on February 9, 2021 to form I-485, filed AOS first time with NBC.
Moveon
04-05-2021, 02:21 PM
They are giving 3 months to respond to a Medical RFE and also based on the discussion with my lawyer you can extend it by another 2 months.
We are also waiting for Medical RFE for dependent filed on 10/22/2020, FP applied on February 9, 2021 to form I-485, filed AOS first time with NBC.
RFE for GCs have a 12 week response time window (84 days) . for the 60 days grace (https://www.uscis.gov/news/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-3) try to avoid using that as they can change the rule and also the wording is "USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. " . When the say consider , is it a guarantee ? I guess they will give you the 60 days but keep an eye if they withdraw that rule
Transformer
04-05-2021, 02:57 PM
When the say consider , is it a guarantee ?
Consider here means they will accept. Yes it is guaranteed until the rule is withdrawn.
nbk1976
04-05-2021, 03:33 PM
Friends,
Quick question regarding ASC fingerprinting and FBI check. Will the FBI check happen right after ASC fingerprinting is taken or will it happen when officer picks up the case finally to adjudicate?
Thanks
EB2-I; PD: 09/2010
I believe the check happens once FP are done. It only takes 3-5 days to complete for most people.
drop2ocean
04-05-2021, 04:01 PM
My PD: 6/15/2010 - EB3 (I)
RD : 10/28/2020
ND : 1/27/2021
FP: 4/28/2021
Receipt: MSC219071*
1) When can I expect EAD/AP ?
2) Also, I didn't submit Medicals in Oct 2020. Is this a good time to supplement or better of waiting for the interview ?
bikenlalan
04-05-2021, 04:17 PM
My PD: 6/15/2010 - EB3 (I)
RD : 10/28/2020
ND : 1/27/2021
FP: 4/28/2021
Receipt: MSC219071*
1) When can I expect EAD/AP ?
2) Also, I didn't submit Medicals in Oct 2020. Is this a good time to supplement or better of waiting for the interview ?
MSC issues EAD/AP post FP are complete. Folks who gave FP in March have been waiting for EAD/AP while most who gave FP in Jan/Feb received their EAD/AP. Since you are current already chances are high you may not get EAD/AP and get straight greened if you timely submit your medicals. You should expect to receive RFE pretty soon, mostly after your FP is completed. You cannot submit medicals without receiving RFE.
getsaby
04-05-2021, 04:23 PM
This is for dependent, Our FP is done 02/09/2021 still no RFE for Medical, PD is current from past month.
drop2ocean
04-05-2021, 04:31 PM
MSC issues EAD/AP post FP are complete. Folks who gave FP in March have been waiting for EAD/AP while most who gave FP in Jan/Feb received their EAD/AP. Since you are current already chances are high you may not get EAD/AP and get straight greened if you timely submit your medicals. You should expect to receive RFE pretty soon, mostly after your FP is completed. You cannot submit medicals without receiving RFE.
Thanks much bikenlalan, does the medical RFE typically come after FP or can it come before FP ?
montyp80
04-06-2021, 11:12 AM
MSC issues EAD/AP post FP are complete. Folks who gave FP in March have been waiting for EAD/AP while most who gave FP in Jan/Feb received their EAD/AP. Since you are current already chances are high you may not get EAD/AP and get straight greened if you timely submit your medicals. You should expect to receive RFE pretty soon, mostly after your FP is completed. You cannot submit medicals without receiving RFE.
I gave my FP on 2/18. Its been crickets ever since!
My PD is 01/2014 - EB3. So it's not that my PD will be current any time soon. Not sure what's the hold up for my case.
Anyone else in similar situation?
My time-line so far:
PD 01/2014 - EB3 - applied AOS/EAD/AP in Oct 2020 - case is with Nebraska Service Center
RD - 10/06/2020 (which makes me eligible for AC21 as of today, yay!)
ND - 10/23/2020
FP - 2/18/2021
Turbulent_Dragonfly
04-06-2021, 02:12 PM
I gave my FP on 2/18. Its been crickets ever since!
My PD is 01/2014 - EB3. So it's not that my PD will be current any time soon. Not sure what's the hold up for my case.
Anyone else in similar situation?
My time-line so far:
PD 01/2014 - EB3 - applied AOS/EAD/AP in Oct 2020 - case is with Nebraska Service Center
RD - 10/06/2020 (which makes me eligible for AC21 as of today, yay!)
ND - 10/23/2020
FP - 2/18/2021
I gave FP in first week of December and did not hear anything. I chatted with USCIS and did not press for it but they asked me if I wanted to put in a request to expedite the EAD and I said fine if it's possible. Just in a few hours I got an update that the expedite request is approved. No idea what that means or if it will lead to faster EAD processing, but I will let you know if it worked.
GCDreamer
04-06-2021, 02:31 PM
I gave my FP on 3/03. Similar to Sophomore My PD is 12/2014 - EB3 Which has retrogressed So it's not that my PD will be current any time soon as well and when I we will get the GC. Still waiting for AP/EAD. Even though the AP Receipt date is Nov 5th 2020 I am not sure if it lets you create a service request.
Anyone else in similar situation?
My time-line so far:
Case- National Service Center
Applied AOS/EAD/AP
PD 12/2014 - EB3
RD - 10/28/2020
FP - 03/03/2021
montyp80
04-06-2021, 02:40 PM
I gave FP in first week of December and did not hear anything. I chatted with USCIS and did not press for it but they asked me if I wanted to put in a request to expedite the EAD and I said fine if it's possible. Just in a few hours I got an update that the expedite request is approved. No idea what that means or if it will lead to faster EAD processing, but I will let you know if it worked.
Thanks for that info. I will try doing that too. Did you do it through MyUSCIS?
LeoAugust
04-06-2021, 05:56 PM
My PD: 6/15/2010 - EB3 (I)
RD : 10/28/2020
ND : 1/27/2021
FP: 4/28/2021
Receipt: MSC219071*
1) When can I expect EAD/AP ?
2) Also, I didn't submit Medicals in Oct 2020. Is this a good time to supplement or better of waiting for the interview ?
Your 71 series is active but not aggressive as 88. But it is still progressing. You may have to wait...
sudiva
04-06-2021, 06:00 PM
I gave FP in first week of December and did not hear anything. I chatted with USCIS and did not press for it but they asked me if I wanted to put in a request to expedite the EAD and I said fine if it's possible. Just in a few hours I got an update that the expedite request is approved. No idea what that means or if it will lead to faster EAD processing, but I will let you know if it worked.
Thank you. Please let me know if you chatted with Emma or spoke to a live person? How recent was this and what time of the day? Any recommendations and tips to getting to speak to live person or making Emma work for us? My attempts with USCIS to get any type of attention to EAD card application of spouse after FP in late Feb are not working. It would be great help if you share details. Thank you.
Turbulent_Dragonfly
04-06-2021, 08:08 PM
Thanks for that info. I will try doing that too. Did you do it through MyUSCIS?
Yeah from the USCIS front page.
Turbulent_Dragonfly
04-06-2021, 08:12 PM
Thank you. Please let me know if you chatted with Emma or spoke to a live person? How recent was this and what time of the day? Any recommendations and tips to getting to speak to live person or making Emma work for us? My attempts with USCIS to get any type of attention to EAD card application of spouse after FP in late Feb are not working. It would be great help if you share details. Thank you.
I have seen this question being asked repeatedly on trackitt so I am a bit puzzled why are people having so much issues getting to talk to a live agent. I have tried multiple times and never had a problem connecting to one. Usually I open the chat window and then select one of the links like case status or case out of normal processing times. Then I just type live agent and then it will ask me for a receipt number or A number. Once provided, I usually get connected within a few minutes to an agent.
montyp80
04-06-2021, 08:15 PM
Yeah from the USCIS front page.
Yup. Tried it and got shot down by an agent. Just referred me to check the processing time and asked me to send in a request if my RD is current RD being processed by the center. Apparently NBC is still processing June applications...yup..wtf!
AlmostThere
04-06-2021, 09:51 PM
Your 71 series is active but not aggressive as 88. But it is still progressing. You may have to wait...
I am 42 series, FP in mid-March, waiting for EAD.
Straight EB2, PD in Nov'2010 - so chances of getting current is relatively high.
Agree "wait" is the name of the game, when there is traffic on the freeway it doesn't help if people start cutting each other, just go slowly and steadily - destination is "AlmostThere" lol
montyp80
04-06-2021, 10:12 PM
Your 71 series is active but not aggressive as 88. But it is still progressing. You may have to wait...
Mine is 88 series as well, straightforward case of EB3, single filer and still moving on snail motion. PD 01/2014
dexter2010
04-06-2021, 10:40 PM
Mine is 88 series as well, straightforward case of EB3, single filer and still moving on snail motion. PD 01/2014
What do these series signify? Mine is MSC219066****
Turbulent_Dragonfly
04-07-2021, 09:04 AM
Yup. Tried it and got shot down by an agent. Just referred me to check the processing time and asked me to send in a request if my RD is current RD being processed by the center. Apparently NBC is still processing June applications...yup..wtf!
Covid giveth and Covid taketh away. If they are still operating under restrictions and have not ramped up staff, there are going to be processing backlogs. I am just thankful to have gotten the chance to apply for I-485 and celebrating that 180 days have crossed and I am free as a bird now :).
usvisas
04-07-2021, 09:37 AM
Mine is 88 series as well, straightforward case of EB3, single filer and still moving on snail motion. PD 01/2014
Series 88 - that far? Did you file in October? What is your RD?
incredible
04-07-2021, 09:43 AM
Covid giveth and Covid taketh away. If they are still operating under restrictions and have not ramped up staff, there are going to be processing backlogs. I am just thankful to have gotten the chance to apply for I-485 and celebrating that 180 days have crossed and I am free as a bird now :).
Very well said. We all were happy when the chance came for filing 485 and also date movements etc. triggered by Covid and lack of FB and resources etc. Now we all are upset that they are not processing our cases fast.
Kesid23
04-07-2021, 09:58 AM
Very well said. We all were happy when the chance came for filing 485 and also date movements etc. triggered by Covid and lack of FB and resources etc. Now we all are upset that they are not processing our cases fast.
Does the 180 days rule apply even if the EAD is not approved?
I applied in October, 2020 and did FP in December 2020. But no, EAD yet!
ak7419
04-07-2021, 10:13 AM
Hello Folks - I have been current since November 2020 with TSC but no action taken on my case since six months. I renewed combo card in November and they issued it for only one year - very generous of them. Now, I have to get ready for my renewal. Shall I apply now at the beginning of 180 days or wait for few more months.
Thanks
AceMan
04-07-2021, 10:13 AM
Covid giveth and Covid taketh away. If they are still operating under restrictions and have not ramped up staff, there are going to be processing backlogs. I am just thankful to have gotten the chance to apply for I-485 and celebrating that 180 days have crossed and I am free as a bird now :).
I am looking forward to six month forward movement in the final dates for May bulletin. Free bird? not so sure. No freedom to go out to a place without masks.
incredible
04-07-2021, 10:35 AM
Does the 180 days rule apply even if the EAD is not approved?
I applied in October, 2020 and did FP in December 2020. But no, EAD yet!
yes I believe so. 180 days from RD of 485. But that being said, you could wait for EAD.
incredible
04-07-2021, 10:35 AM
Hello Folks - I have been current since November 2020 with TSC but no action taken on my case since six months. I renewed combo card in November and they issued it for only one year - very generous of them. Now, I have to get ready for my renewal. Shall I apply now at the beginning of 180 days or wait for few more months.
Thanks
With these delays in everything now a days, it is better to apply it at the beginning and hope for the better for both EAD/GC.
incredible
04-07-2021, 10:36 AM
I am looking forward to six month forward movement in the final dates for May bulletin. Free bird? not so sure. No freedom to go out to a place without masks.
And most importantly, people are still waiting for GC being current for close to 6 months. Not really sure if these date movements make any sense if they are not able to process it.
nbk1976
04-07-2021, 10:44 AM
Does the 180 days rule apply even if the EAD is not approved?
I applied in October, 2020 and did FP in December 2020. But no, EAD yet!
The EAD is nothing to do with the 180-day rule. It?s 180 days from the date USCIS receives the I-485.
AceMan
04-07-2021, 10:45 AM
And most importantly, people are still waiting for GC being current for close to 6 months. Not really sure if these date movements make any sense if they are not able to process it.
I have a teenager who has an Indian passport and on H4.
It makes sense for me and many others for whom CSPA will kick in if final dates is current only.
nbk1976
04-07-2021, 10:48 AM
Hello Folks - I have been current since November 2020 with TSC but no action taken on my case since six months. I renewed combo card in November and they issued it for only one year - very generous of them. Now, I have to get ready for my renewal. Shall I apply now at the beginning of 180 days or wait for few more months.
Thanks
You have to operate under the presumption that no GC will be forthcoming before the end of the EAD expiry. Always seek any and all immigration benefits when you are eligible.
vsivarama
04-07-2021, 10:58 AM
And most importantly, people are still waiting for GC being current for close to 6 months. Not really sure if these date movements make any sense if they are not able to process it.
Why are date movements a big issue? Do you know anyone who is being harmed by the date movements? I only see the movements as positive.
i) Kids are being protected.
ii) CO is being transparent with available visa numbers and not providing cover to USCIS.
iii) The more the transparency then there is a chance to apply pressure on USCIS by contacting congressman/congresswoman.
I have not seen any negatives so far. Maybe I am missing something.
Turbulent_Dragonfly
04-07-2021, 11:37 AM
I completely understand the angst everyone is experiencing due to the slowed down receipting, issuing of EAD/APs and GCs but you have to reconcile that with the massive number of applications that were pushed through in Oct-Dec timeframe. Not making any excuses for USCIS, but that is where we are now where they are simply overwhelmed. It looks like they took six months to get close to receipting all the applications. If things don't start moving by say end of April or mid-May, then I will definitely start getting concerned. USCIS has still not got to the level of transparency that DoS has started showing with getting Charlie on YouTube chats, but hopefully we will get there. They could start by releasing the I-485 pending inventory so that we can fulfill the true purpose of this thread in making predictions!
qesehmk
04-07-2021, 12:31 PM
Hello Folks - I have been current since November 2020 with TSC but no action taken on my case since six months. I renewed combo card in November and they issued it for only one year - very generous of them. Now, I have to get ready for my renewal. Shall I apply now at the beginning of 180 days or wait for few more months.
Thanks
Looking at your PD normally I would confidently say don't renew. But given the slow progress at TSC, if money is not an issue, yes indeed file right away.
qesehmk
04-07-2021, 12:33 PM
I completely understand the angst everyone is experiencing due to the slowed down receipting, issuing of EAD/APs and GCs but you have to reconcile that with the massive number of applications that were pushed through in Oct-Dec timeframe. Not making any excuses for USCIS, but that is where we are now where they are simply overwhelmed. It looks like they took six months to get close to receipting all the applications. If things don't start moving by say end of April or mid-May, then I will definitely start getting concerned. USCIS has still not got to the level of transparency that DoS has started showing with getting Charlie on YouTube chats, but hopefully we will get there. They could start by releasing the I-485 pending inventory so that we can fulfill the true purpose of this thread in making predictions!
Yes indeed. Reserve the judgement until July. We should be seeing en masse approvals in July. If not then I would be super worried.
phkb2020
04-07-2021, 01:10 PM
Yes indeed. Reserve the judgement until July. We should be seeing en masse approvals in July. If not then I would be super worried.
I think folks are worried due to the lack of movement on pre adjudicated applications. Usually such applications were approved pretty much in the first week of the month the dates became current. Now a majority of these cases have been waiting at least 3-4 months if not longer to just receive Rfe. This is known inventory for almost a decade.
If I remember correctly the earlier discussions about case processing timelines, USCIS typically requires 6-8 months to process a fresh filing. So new application filed in 2020 will probably reach adjudication in about May/June time-frame. But USCIS got a deluge of applications in October so I expect this timline to stretch longer. This along with the fact that historically even in the best year they didn't process nowhere close to 200k 485 applications, I just don't see them getting anywhere close to 260K. Unless something changes, they are on track for massive wastage this year.
korlakunta08
04-07-2021, 01:47 PM
My PD is 2010/02/13wiating for RFE
montyp80
04-07-2021, 02:36 PM
Covid giveth and Covid taketh away. If they are still operating under restrictions and have not ramped up staff, there are going to be processing backlogs. I am just thankful to have gotten the chance to apply for I-485 and celebrating that 180 days have crossed and I am free as a bird now :).
Yes, I share that feeling. Officially 181 days for me since RD (10.6.20)
But looking at the USCIS efficiency levels, I unfortunately foresee a sizable visa wastage this FY. Would love to be proven wrong by USCIS for once...
montyp80
04-07-2021, 02:43 PM
Series 88 - that far? Did you file in October? What is your RD?
Yes, sir!
Filed 10/5/20
RD 10/6/20
ND 10/23/20
montyp80
04-07-2021, 02:46 PM
What do these series signify? Mine is MSC219066****
Not sure, but reading through some responses here, it appears that it tentatively tells your if there are any activities happening based on receipt number series.
montyp80
04-07-2021, 02:50 PM
Does the 180 days rule apply even if the EAD is not approved?
I applied in October, 2020 and did FP in December 2020. But no, EAD yet!
It clearly shows how random/unorganized things are at USCIS right now, or at least I can't tell if there is any reasoning behind the way things are being processed at these centers.
You filed after me, but received FP request before me and we both are waiting for EAD. However, looking at your PD, chances are that you might get GC directly as others have mentioned on this thread.
Greentothemoon
04-08-2021, 11:37 AM
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
android09
04-08-2021, 11:46 AM
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
Shouldnt matter either way. EB2 is in May 2010 right now and EB3 in Sept 2010 per final action dates. For sure dates will easily clear July 2010 PD in both categories(It already has for EB3 and will do so for EB2 in the next couple of weeks). Make sure you are filing I-140 under premium if you can so you can file concurrently for I-485 as well. As for retrogression, well the whole point of the Filing Date and Final Action Date charts was so things like retrogression does not happen or atleast is managed in a predictable way. I think you should be ok with with either. Your position requirements will determine if it is EB2 or EB3.
vsivarama
04-08-2021, 12:27 PM
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
You are in relatively good shape. You can file either in EB2 or EB3. EB2 has less chances of retrogression purely because it will be getting both vertical and horizontal spillover next year. Even in the worst case of retrogression the dates should be after your PD for the foreseeable future (because of extra numbers next year). Now the decision is mainly for your 485. You have your PD current in this bulletin for EB3 so you can do concurrent filing in EB3 of i140 + i485. For EB2 you need to wait till next bulletin or the time when the FAD is current for you to apply 485. Do make sure to apply with the medicals so that you can avoid an RFE in future.
qesehmk
04-08-2021, 12:46 PM
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
Green - I think you would be just fine no matter what. But if you insist on knowing - then this is just an opinion - I think anybody in 2009/2010 is better of in EB3 rather than EB2.
nbk1976
04-08-2021, 12:53 PM
I think folks are worried due to the lack of movement on pre adjudicated applications. Usually such applications were approved pretty much in the first week of the month the dates became current. Now a majority of these cases have been waiting at least 3-4 months if not longer to just receive Rfe. This is known inventory for almost a decade.
If I remember correctly the earlier discussions about case processing timelines, USCIS typically requires 6-8 months to process a fresh filing. So new application filed in 2020 will probably reach adjudication in about May/June time-frame. But USCIS got a deluge of applications in October so I expect this timline to stretch longer. This along with the fact that historically even in the best year they didn't process nowhere close to 200k 485 applications, I just don't see them getting anywhere close to 260K. Unless something changes, they are on track for massive wastage this year.
So if they do end up wasting hundreds of thousands of visa numbers, and come October 1, everything resets to 0, and will the dates retrogress? Would this mean all those thousands of folks in 2009/2010/2011 etc. will have to wait another 10 years?
ak7419
04-08-2021, 02:02 PM
So if they do end up wasting hundreds of thousands of visa numbers, and come October 1, everything resets to 0, and will the dates retrogress? Would this mean all those thousands of folks in 2009/2010/2011 etc. will have to wait another 10 years?
If they waste visa numbers for this fiscal year then come October 1 those pre-adjudicated folks from 2009 will definitely have to wait for new FY - I am not sure that the dates would retrogress. That is my assumption because they would have ran out of visa numbers for new FY and have to start requesting the numbers again. I would be happy if someone can correct me.
sjayanthi
04-08-2021, 02:33 PM
Hi all good afternoon/evening. At the cost of getting castigated, I have a question about EB2 Apr 2011 PD and EB1. I am currently outside US and will be eligible for EB1 in Aug (have offer and H1B etc). Due to personal reasons, I would prefer to move to US earlier depending of how EB2 moves in next few months. Given a choice between waiting few additonal months for EB1 or move when (IF) EB2 becomes current, which category is better? (Note: EB1 has a I140 depedency and it can take anywhere between 4-8 months to get approved).
qesehmk
04-08-2021, 04:00 PM
Hi all good afternoon/evening. At the cost of getting castigated, I have a question about EB2 Apr 2011 PD and EB1. I am currently outside US and will be eligible for EB1 in Aug (have offer and H1B etc). Due to personal reasons, I would prefer to move to US earlier depending of how EB2 moves in next few months. Given a choice between waiting few additonal months for EB1 or move when (IF) EB2 becomes current, which category is better? (Note: EB1 has a I140 depedency and it can take anywhere between 4-8 months to get approved).
jayanthi you come across like a billionairre asking us little people if you should be wearing prada or fendi? Well Devil you should be wearing Prada. Go for EB1 if it's only a matter of I-140. 4 months will go much quicker than risking USCIS' wasting EB2 visas.
D
sjayanthi
04-08-2021, 04:24 PM
Thank you @Q. Nicely put and I enjoyed the pun. Yeah I appreciate what you mentioned, some time helps to reiternate the same point (you said same thing 8 months ago :) ).
qesehmk
04-08-2021, 06:23 PM
Thank you @Q. Nicely put and I enjoyed the pun. Yeah I appreciate what you mentioned, some time helps to reiternate the same point (you said same thing 8 months ago :) ).
You are welcome! All the best.
Dallas111
04-08-2021, 09:23 PM
hi
I have Oct 2009 PD. NSC Center. Current in March. RFE Responded Feb last week.
As there is no response, I want to go for Congressman or Senator inquiry. Can someone explain me process. I live in Dallas. Pls advise. Should i go for congressman inquiry or senator inquiry
Turbulent_Dragonfly
04-08-2021, 09:53 PM
hi
I have Oct 2009 PD. NSC Center. Current in March. RFE Responded Feb last week.
As there is no response, I want to go for Congressman or Senator inquiry. Can someone explain me process. I live in Dallas. Pls advise. Should i go for congressman inquiry or senator inquiry
You can do either but don?t do both. This is for example John Cornyn?s webpage for enquiries. There will be detailed instructions usually for different issues.
https://www.cornyn.senate.gov/content/services/visas-immigration
https://www.cornyn.senate.gov/node/5855
AceMan
04-09-2021, 08:15 AM
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
If your salary without bonus (https://www.flcdatacenter.com/) for the position SOC code you are hired is wage level 4 or more, then go for Eb2, else go for EB3.
rsnake
04-09-2021, 11:43 AM
If your salary without bonus (https://www.flcdatacenter.com/) for the position SOC code you are hired is wage level 4 or more, then go for Eb2, else go for EB3.
I would say definitely go with EB3 since there is much lesser chance of rejection of I-140 due to lower requirements than EB2.
raradhya
04-09-2021, 12:14 PM
I posted a question regarding h1 transfer after 180days of filing 485 in the other thread. i appreciate if some experts can answer to it and delete this message.
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout?p=81390&viewfull=1#post81390
Turbulent_Dragonfly
04-09-2021, 12:40 PM
I posted a question regarding h1 transfer after 180days of filing 485 in the other thread. i appreciate if some experts can answer to it and delete this message.
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout?p=81390&viewfull=1#post81390
There is no danger of falling out of status because of the pending I-485. It's up to you if you want to take the risk if the I-485 is denied for any reason. That's why it's always good to hold an underlying non-immigrant status like H1/H4.
srimurthy
04-09-2021, 01:18 PM
Moved the GC Abandoning and PD discussion to a new thread
https://www.qesehmk.org/forums/showthread.php/2952-GC-Abandon-and-Recapture-of-PD
gc_dedo
04-09-2021, 06:21 PM
I hope USCIS will begin "GC Utsav" soon :)
ak7419
04-09-2021, 06:32 PM
I hope USCIS will begin "GC Utsav" soon :)
GC utsav is a big ask, if they can start issuing RFEs to those who have been waiting for the past 6 months that would be a good start. :)
raradhya
04-09-2021, 09:37 PM
October 2020 filer, Is anyone trying to prepare renewal of EAD/AP applications since we are hitting 6 months time frame? i wonder if we need to get our application ready and file even before receiving the original card.
rsnake
04-09-2021, 10:13 PM
October 2020 filer, Is anyone trying to prepare renewal of EAD/AP applications since we are hitting 6 months time frame? i wonder if we need to get our application ready and file even before receiving the original card.
EAD/AP are granted for one or two years from the date they are granted, not from the I-485 filing date, so why are you worried about renewing EAD when you haven't even received it?
mesan123
04-10-2021, 08:32 AM
October 2020 filer, Is anyone trying to prepare renewal of EAD/AP applications since we are hitting 6 months time frame? i wonder if we need to get our application ready and file even before receiving the original card.
Yes i would start renewal process by end of may As mine expires end of december.
android09
04-10-2021, 02:16 PM
October 2020 filer, Is anyone trying to prepare renewal of EAD/AP applications since we are hitting 6 months time frame? i wonder if we need to get our application ready and file even before receiving the original card.
If you haven?t been approved or received your EAD card yet, why would you want to try & renew it ?
raradhya
04-10-2021, 04:14 PM
EAD/AP are granted for one or two years from the date they are granted, not from the I-485 filing date, so why are you worried about renewing EAD when you haven't even received it?
If you haven?t been approved or received your EAD card yet, why would you want to try & renew it ?
Yes i have not received it yet. but USCIS works in mysterious ways, in past i have seen H1b extension took like 6-7 months but the approval date was from the filing date. so i was worried if the same thing happens and if we don't file for renewal on time (6 months before expiry) then it will cause issues with work authorization.
this is my first time filing EAD so i do not know what to expect.
Bharath Ravulapati
04-11-2021, 07:22 PM
Hi, My PD is 2012 Nov in EB2, the downgrade was filed in October. We received the receipts in December. In January, we filed for PPS for downgrade I140. We didn't see any movement for 2 months and the lawyer withdrew the check and within 10 days, USCIS updated their status that the I140 petition is rejected because of insufficient funds, even though the check she withdrew was only for PPS. We tried sending the check again 3 times but they kept rejecting it. I chatted with the agent and they are asking us to refile the entire I140 again. My lawyer is thinking to file an ombudsman request. I have receipts for 140, 485, etc. but now since USCIS is asking to refile I140 again will they be affected? TIA for the help
Jonty Rhodes
04-11-2021, 07:39 PM
Quick question
I upgraded my EB2-EB3 downgrade I-140 to premium processing. My attorney filed the downgrade in October 2020 and filed premium processing request on 03/23/2021. Since we didn't get any receipt for premium processing and the premium processing fee check has not even been deposited yet, he contacted USCIS on 04/09/2021 and was told that the I-140 had not been marked as premium yet. The responding officer was going to look into confirm the receipt or perhaps a rejection of the premium processing request and get back to the attorney when they have more information.
I only upgraded to premium because I am fairly confident that my priority date would get current in the last quarter in the EB3 category and I wanted to have my I-140 approved by that time. Also, I know few other physicians who also downgraded to EB3 and then upgraded their I-140 to premium recently and got them approved.
How usual it is for USCIS to not even mark the I-140 as premium even after 15 days of filing (it would be 15 business days this Tuesday) and also how common it is for them to reject a premium processing application for a downgraded I-140? I am asking this because I have not heard of any cases so far where they have rejected a premium processing on a downgraded application and also not given an answer on a premium processing for 15 days now.
It's basically radio silence from their end. No receipt, no rejection. They haven't even deposited the premium processing check yet.
Any insight appreciated.
rsnake
04-11-2021, 07:42 PM
Last bulletin was released on March 12th, a Friday. Are new bulletins usually released on Fridays only, or can we hope for May's bulletin in the next few days.
newsletter1978
04-11-2021, 07:55 PM
EB2 Oct 2009 PD. Submitted paperwork in Oct 2020. Received fingerprint appointment for March 31, still have not received EAD and AP. Also i submitted without medicals, have not even received RFE. My case no. starts withs MSC. i guess it is really going slow in this center.
delguy
04-11-2021, 07:59 PM
Quick question
I upgraded my EB2-EB3 downgrade I-140 to premium processing. My attorney filed the downgrade in October 2020 and filed premium processing request on 03/23/2021. Since we didn't get any receipt for premium processing and the premium processing fee check has not even been deposited yet, he contacted USCIS on 04/09/2021 and was told that the I-140 had not been marked as premium yet. The responding officer was going to look into confirm the receipt or perhaps a rejection of the premium processing request and get back to the attorney when they have more information.
I only upgraded to premium because I am fairly confident that my priority date would get current in the last quarter in the EB3 category and I wanted to have my I-140 approved by that time. Also, I know few other physicians who also downgraded to EB3 and then upgraded their I-140 to premium recently and got them approved.
How usual it is for USCIS to not even mark the I-140 as premium even after 15 days of filing (it would be 15 business days this Tuesday) and also how common it is for them to reject a premium processing application for a downgraded I-140? I am asking this because I have not heard of any cases so far where they have rejected a premium processing on a downgraded application and also not given an answer on a premium processing for 15 days now.
It's basically radio silence from their end. No receipt, no rejection. They haven't even deposited the premium processing check yet.
Any insight appreciated.
In case of my friend who also opted for EB2 to 3 downgrade at TSC in Oct 2020, his Law firm Fragomen filed for PP only after getting the receipt and he got his I-140 approval in around 10 days. It could be that your application for PP is lost at the uscis facility.
jackryan041815
04-11-2021, 09:32 PM
Last bulletin was released on March 12th, a Friday. Are new bulletins usually released on Fridays only, or can we hope for May's bulletin in the next few days.
I think it is usually released on Fridays, but don?t think that?s a hard rule. It?ll definitely get released sometime next week, maybe even tomorrow. The last bulletin they released it friday and then scheduled the check in the subsequent wednesday so maybe theyll do the same thing again
vsivarama
04-11-2021, 09:36 PM
How usual it is for USCIS to not even mark the I-140 as premium even after 15 days of filing (it would be 15 business days this Tuesday) and also how common it is for them to reject a premium processing application for a downgraded I-140? I am asking this because I have not heard of any cases so far where they have rejected a premium processing on a downgraded application and also not given an answer on a premium processing for 15 days now.
It's basically radio silence from their end. No receipt, no rejection. They haven't even deposited the premium processing check yet.
Any insight appreciated.
I applied PP for my case on 27th of Jan. It was radio silence for a few days and then suddenly my online status changed on 11th of Feb about PP acceptance. Then my PP got approved on 23th of Feb. I know a few folks who had their PP rejected the first time and then it was accepted the second time around when they refiled it. I think the radio silence is because they are taking some time to receipt/acknowledge the request. Once accepted however the approvals or RFEs are coming in within 15 days. This is an anecdotal account based on my and my friends experiences. Not 100% sure if the broader trend is the same.
getsaby
04-12-2021, 07:59 AM
Hello
Need a suggestion on dependent, I485 applied first time on 10/13/2020, Notice received date 12/11/2020, FP done on 02/09/2021 case at NBC. Primary approved last week, is there anything that can be done to dependent given the PD is current from past 2 months.
medatom
04-12-2021, 09:15 AM
Received emails stating an RFE was sent on 4/12 for both primary and dependant.
EB2, 18Nov2009, TSC.
This the first time we receive the RFEs since 2012.
May be TSC has started moving this week.
Hope everyone waiting for RFEs get them soon.
ak7419
04-12-2021, 10:08 AM
Received emails stating an RFE was sent on 4/12 for both primary and dependant.
EB2, 18Nov2009, TSC.
This the first time we receive the RFEs since 2012.
May be TSC has started moving this week.
Hope everyone waiting for RFEs get them soon.
Could you let us know when did you file your 485 exactly? Was it in March 2012 or April 2012.
It's interesting to see this trend wherein TSC is issuing RFE for the very first time. I have noticed this with three other filers. Also, please update us who your officer is.
Palver
04-12-2021, 03:33 PM
Hello everyone, I have a Sep-2012 PD in EB-2. I haven't downgraded. I am considering a potential move to another employer who will have to restart my gc application from PERM. If I were to stay with my current employer, I assume I'd get a green card in X months (hoping X<24). I don't mind waiting 1-2Y longer than X to get my greencard but would prefer to not wait much longer than that. What are your thoughts on the move, assuming gc is the only factor to be considered.
vsivarama
04-12-2021, 03:58 PM
Hello everyone, I have a Sep-2012 PD in EB-2. I haven't downgraded. I am considering a potential move to another employer who will have to restart my gc application from PERM. If I were to stay with my current employer, I assume I'd get a green card in X months (hoping X<24). I don't mind waiting 1-2Y longer than X to get my greencard but would prefer to not wait much longer than that. What are your thoughts on the move, assuming gc is the only factor to be considered.
It is a judgement call based on how good the opportunity is. You have to make this decision on your own as you will find differing opinions in this forum. My 2 cents, I find that I am able to cast a wider net now after we cross the 180 days for 485 filed. I do not have my EAD yet, but once I get it, I am able to apply for a lot of good opportunities, I did not qualify before as a H1 applicant.
Transformer
04-12-2021, 04:18 PM
Hello everyone, I have a Sep-2012 PD in EB-2. I haven't downgraded. I am considering a potential move to another employer who will have to restart my gc application from PERM. If I were to stay with my current employer, I assume I'd get a green card in X months (hoping X<24). I don't mind waiting 1-2Y longer than X to get my greencard but would prefer to not wait much longer than that. What are your thoughts on the move, assuming gc is the only factor to be considered.
You mentioned that you didn’t downgrade but didn’t specify if your employer is not willing to downgrade or it’s your choice. If your employer agrees then I think it is a good option to downgrade. One thing to keep in mind the complete timeline for PERM is around 2 years now a days. Even without downgrade, there is very good chance EB2 dates move to 2012 come this October. Personally I would stay and file AOS and after 180 days I am a free bird. I wouldn’t wait for actual GC. EAD/AP with AC21 is as good as GC.
Palver
04-12-2021, 04:22 PM
It is a judgement call based on how good the opportunity is. You have to make this decision on your own as you will find differing opinions in this forum. My 2 cents, I find that I am able to cast a wider net now after we cross the 180 days for 485 filed. I do not have my EAD yet, but once I get it, I am able to apply for a lot of good opportunities, I did not qualify before as a H1 applicant.
Thank you for your reply. I agree it's a judgement call. I guess risk of retrogression if dates move forward was what I was thinking about.
Palver
04-12-2021, 04:27 PM
You mentioned that you didn’t downgrade but didn’t specify if your employer is not willing to downgrade or it’s your choice. If your employer agrees then I think it is a good option to downgrade. One thing to keep in mind the complete timeline for PERM is around 2 years now a days. Even without downgrade, there is very good chance EB2 dates move to 2012 come this October. Personally I would stay and file AOS and after 180 days I am a free bird. I wouldn’t wait for actual GC. EAD/AP with AC21 is as good as GC.
Thank you. I didn't downgrade because my employer was not willing. Staying is obviously the least risky from a EAD point of view. But even if Perm takes 2 years like you said, if dates don't retrogress I wouldn't consider it too bad. But like with anything immigration, bit of a crapshoot.
vsivarama
04-12-2021, 04:36 PM
Thank you for your reply. I agree it's a judgement call. I guess risk of retrogression if dates move forward was what I was thinking about.
There is always that risk. I have seen it personally in my family. My sister had a PD of Jan 2003 EB3I and got GC when dates became current in 2007. After that there was a retrogression and 2003 Jan became current again sometime in mid 2013 and she was a citizen by then. It may not be as bad for you if the GC numbers are not wasted. If tonnes of numbers are wasted however you will be waiting quite a while to apply for 485.
Octgc7
04-13-2021, 09:32 AM
Ur Jaddou, Nominee for Director of Citizenship and Immigration Services
https://www.whitehouse.gov/briefing-room/statements-releases/2021/04/12/president-biden-announces-his-intent-to-nominate-key-members-for-the-u-s-department-of-homeland-security/
newyorker123
04-14-2021, 05:54 AM
You mentioned that you didn’t downgrade but didn’t specify if your employer is not willing to downgrade or it’s your choice. If your employer agrees then I think it is a good option to downgrade. One thing to keep in mind the complete timeline for PERM is around 2 years now a days. Even without downgrade, there is very good chance EB2 dates move to 2012 come this October. Personally I would stay and file AOS and after 180 days I am a free bird. I wouldn’t wait for actual GC. EAD/AP with AC21 is as good as GC.
I seriously hope the PERM processing timeframe improves. This is a major messy area for the many people who changed their jobs.
Assuming vaccination happens for all, and Biden admin does what is needed, I hope it goes back to the < 1 year timeframe it used to be.
Zenzone
04-14-2021, 10:51 AM
Quick question folks. When we get the medical RFE is the online case status updated first? or we just get them all of a sudden through USPS? I want to be aware of what to expect.
Quick question folks. When we get the medical RFE is the online case status updated first? or we just get them all of a sudden through USPS? I want to be aware of what to expect.
My case status got updated today and it a RFE update! My PD is EB2I April, 2010 (TSC). I don't know what the RFE is about, but I guess Medical. So if you ask me, the case status gets updated first.
incredible
04-14-2021, 12:03 PM
Quick question folks. When we get the medical RFE is the online case status updated first? or we just get them all of a sudden through USPS? I want to be aware of what to expect.
Online update happens first followed by email/text notification if they have been setup. It takes few days (around 4 to 6 business days) for physical copies to reach you.
AceMan
04-14-2021, 01:46 PM
Hello everyone, I have a Sep-2012 PD in EB-2. I haven't downgraded. I am considering a potential move to another employer who will have to restart my gc application from PERM. If I were to stay with my current employer, I assume I'd get a green card in X months (hoping X<24). I don't mind waiting 1-2Y longer than X to get my greencard but would prefer to not wait much longer than that. What are your thoughts on the move, assuming gc is the only factor to be considered.
Answer the following questions and you will get the direction you want to go.
How quickly will your new employer file Ads/PERM?
How good is your relation with your existing employer?
Will he be interested in continuing your existing process which you can fall back? if things at the new employer is delayed, are you willing to join back?
incredible
04-14-2021, 02:23 PM
Answer the following questions and you will get the direction you want to go.
How quickly will your new employer file Ads/PERM?
How good is your relation with your existing employer?
Will he be interested in continuing your existing process which you can fall back? if things at the new employer is delayed, are you willing to join back?
Especially the last one is very important. You should have that as a fall back option in case dates move quickly and labor gets delayed with the new employer.
Palver
04-14-2021, 02:56 PM
Answer the following questions and you will get the direction you want to go.
How quickly will your new employer file Ads/PERM?
How good is your relation with your existing employer?
Will he be interested in continuing your existing process which you can fall back? if things at the new employer is delayed, are you willing to join back?
Thank you AceMan, incredible. Those are good things to consider. I am confident I can get them (potential new employer) to file PERM quickly. While I have a pretty good relationship with my current employer, it'd probably be a bit of long shot for them to hire me back considering how competitive and fluid the job situation is.
qesehmk
04-15-2021, 10:33 AM
Can we please keep this thread strictly for calculations and predictions please?
For application status, please use that thread.
For anything else - dive into forum and find appropriate thread or create your own.
Thank you.
Sebiswaiting
04-16-2021, 10:09 PM
I strongly feel that May visa bulletin will bring dates closer to realistic dates to be achieved by year end.
With 5-6 months since the hoards of downgrades came, and 3-6 months since all eb2, eb3 applications based on filing date came in, within May or June VB should set the tone for this year.
I am hoping to see another 4 - 4.5 months movement in both eb2 and eb3. I am not wishing but based on mass downgrades and conservative movement in eb3 so far, I am not confident on EB3 filing date to remain where it is now.
android09
04-17-2021, 12:21 PM
I strongly feel that May visa bulletin will bring dates closer to realistic dates to be achieved by year end.
With 5-6 months since the hoards of downgrades came, and 3-6 months since all eb2, eb3 applications based on filing date came in, within May or June VB should set the tone for this year.
I am hoping to see another 4 - 4.5 months movement in both eb2 and eb3. I am not wishing but based on mass downgrades and conservative movement in eb3 so far, I am not confident on EB3 filing date to remain where it is now.
I doubt they will touch filing dates in the middle of the year. Till May 2011 it?s all great for both EB2 and EB3 I.... then it starts to get hairy.
Sebiswaiting
04-17-2021, 08:48 PM
I doubt they will touch filing dates in the middle of the year. Till May 2011 it?s all great for both EB2 and EB3 I.... then it starts to get hairy.
Eb3 filing date was changed mid year already ..From Jan 2015 to Jan 2014. Having said that, I do wish that no more changes like that happens.
android09
04-17-2021, 09:45 PM
Eb3 filing date was changed mid year already ..From Jan 2015 to Jan 2014. Having said that, I do wish that no more changes like that happens.
EB3 change from Jan 1, 2015 to Jan 1, 2014 happened in the December visa bulletin. The 3rd visa bulletin for the Fiscal year. It has held firm since then. Given the downgrades happening post May 2011, it?s pretty likely that both EB2 and EB3 I reach a Nash equilibrium and go together or one move up marginally than the other. If that happens, then final action dates may not reach Dec 31, 2013 for EB3 and Perhaps then CO will change the filing dates.
need4speed
04-18-2021, 03:29 PM
USCIS to use AI to pre-process applications.
https://www.fedscoop.com/uscis-automating-immigration-pre-processing/
I think these steps will speed up most cases.
jackryan041815
04-19-2021, 08:06 AM
EB3 change from Jan 1, 2015 to Jan 1, 2014 happened in the December visa bulletin. The 3rd visa bulletin for the Fiscal year. It has held firm since then. Given the downgrades happening post May 2011, it?s pretty likely that both EB2 and EB3 I reach a Nash equilibrium and go together or one move up marginally than the other. If that happens, then final action dates may not reach Dec 31, 2013 for EB3 and Perhaps then CO will change the filing dates.
this says possibility and wont be implemented until 2025 the least. providing how they could not even transition to online forms, there is a good chance this goes to shit too
medatom
04-19-2021, 09:11 AM
Sorry, have been having some issues on the mobile site. Hopefully I am not spamming and apologize if I did.
As an update, we received the physical copies of the RFEs.
It's medical and supp j for the primary and medical and g325a for the dependant.
The lawyer is asking $1600 for each person.
Did anyone file g325a by themselves as I see it's just one page document?
Thanks much all.
amey111
04-19-2021, 09:21 AM
Hello experts,
I really feel the personnel on this forum can contribute a lot here:
https://www.federalregister.gov/documents/2021/04/19/2021-07987/identifying-barriers-across-us-citizenship-and-immigration-services-uscis-benefits-and-services
Unfortunately today is the last day to submit. Hopefully a few of the experts here have already submitted their suggestions.
korlakunta08
04-19-2021, 09:40 AM
@medatom
Please submit with attorney don't do your self if it is 1600 also fine you will get GC
bookworm
04-19-2021, 01:04 PM
Sorry, have been having some issues on the mobile site. Hopefully I am not spamming and apologize if I did.
As an update, we received the physical copies of the RFEs.
It's medical and supp j for the primary and medical and g325a for the dependant.
The lawyer is asking $1600 for each person.
Did anyone file g325a by themselves as I see it's just one page document?
Thanks much all.
You dont need a lawyer for this. I was in the same situation in 2019. Consulted with Murthy and they asked for $2500. Studied the form and all of the data is factual data and not legal analysis.
You can do this on your and donate to a charity at the end of your journey!
nbk1976
04-19-2021, 01:18 PM
Sorry, have been having some issues on the mobile site. Hopefully I am not spamming and apologize if I did.
As an update, we received the physical copies of the RFEs.
It's medical and supp j for the primary and medical and g325a for the dependant.
The lawyer is asking $1600 for each person.
Did anyone file g325a by themselves as I see it's just one page document?
Thanks much all.
You can do this yourself but there are many reputable attorneys that charge much less. James "Ron" Gotcher's firm, Global Immigration Partners, Agoura Hills, CA (https://www.gip-us.com/) charge only about $800 per case (includes dependents). They don't charge extra for any number of e-mail or phone contact.
That is merely one attorney that I know of. I am not recommending that firm and you should call them and do your own research.
donkeykong
04-19-2021, 02:13 PM
Hello experts,
I really feel the personnel on this forum can contribute a lot here:
https://www.federalregister.gov/documents/2021/04/19/2021-07987/identifying-barriers-across-us-citizenship-and-immigration-services-uscis-benefits-and-services
Unfortunately today is the last day to submit. Hopefully a few of the experts here have already submitted their suggestions.
Thanks for posting. Everyone in this Forum should submit comment. There are many low hanging fruits here.
Djidondon
04-19-2021, 02:28 PM
Noob question,
As EB3-I Fiscal year 2021 have filling dates until Jan 2015 in Oct 2020 visa bulletin and many folks have filled AOS by downgrading to EB3, and what if 80,000 visa numbers are wasted out of 262k visa numbers in EB category ? Will that impact the spillover for Fy2022 filling dates because people whoever filled for AOS will be waiting in queue for the visa numbers and will that slow down the DOF / filling dates in oct 2022 visa bulletin if the huge visa numbers are wasted in current fiscal year?
Also as we are waiting for the May visa bulletin, do you think will May and June VB provide the spillover prediction for FY2022 filling dates.
qesehmk
04-19-2021, 03:34 PM
Hello experts,
I really feel the personnel on this forum can contribute a lot here:
https://www.federalregister.gov/documents/2021/04/19/2021-07987/identifying-barriers-across-us-citizenship-and-immigration-services-uscis-benefits-and-services
Unfortunately today is the last day to submit. Hopefully a few of the experts here have already submitted their suggestions.
Guys do what you can. Make your voice heard.
Thanks Amey. Good post. I would have done more if I had known about it earlier.
shekhar_kuruk
04-19-2021, 04:01 PM
Sorry, have been having some issues on the mobile site. Hopefully I am not spamming and apologize if I did.
As an update, we received the physical copies of the RFEs.
It's medical and supp j for the primary and medical and g325a for the dependant.
The lawyer is asking $1600 for each person.
Did anyone file g325a by themselves as I see it's just one page document?
Thanks much all.
G325A should be pretty easy, look at the previous version which was filed and make any changes if required. This should take only a few minutes.
Supp J is a bit tricky but if you are still in the same position it should be pretty straight forward, if you have moved to a different job then get the correct code for the new position and the new job responsibilities and it should not take more than a couple of hours. Gross income for the company should be easy to obtain, Net income can be left blank. The rest should be pretty simple. If you get stuck, you could ask questions on this forum and people should be able to help. Good luck. I am not sure why lawyers charge so much, my lawyer was asking $2500 for Supp J, Medicals, G325A, employment authorization history. It took me a few hrs but I ended us saving a lot of money.
donkeykong
04-19-2021, 05:07 PM
Guys do what you can. Make your voice heard.
Thanks Amey. Good post. I would have done more if I had known about it earlier.
It's now open for comments for a month.
qesehmk
04-19-2021, 09:06 PM
It's now open for comments for a month.
It says comments close today - Apr 19. Where do you see a month?
G325A should be pretty easy, look at the previous version which was filed and make any changes if required. This should take only a few minutes.
Supp J is a bit tricky but if you are still in the same position it should be pretty straight forward, if you have moved to a different job then get the correct code for the new position and the new job responsibilities and it should not take more than a couple of hours. Gross income for the company should be easy to obtain, Net income can be left blank. The rest should be pretty simple. If you get stuck, you could ask questions on this forum and people should be able to help. Good luck. I am not sure why lawyers charge so much, my lawyer was asking $2500 for Supp J, Medicals, G325A, employment authorization history. It took me a few hrs but I ended us saving a lot of money.
Thank you for this info. Today, we also received physical copies of the RFEs. Supp J and medical for the primary and medical for the dependent. I am preparing Supp J myself and will present to the employer's HR office tomorrow. The key is to get them to sign the document. If they insist to get the lawyer involved, then we can't do much. For the dependent, since employer signature is not required, we can certainly save money on that Medical RFE.
I have another question. Should I send RFE response separately for the primary and dependent in separate mails OR together in the same package?
donkeykong
04-19-2021, 11:46 PM
It says comments close today - Apr 19. Where do you see a month?
https://twitter.com/USCIS/status/1384233861412839433
incredible
04-20-2021, 07:53 AM
Visa bulletin for May released.
EB2 - 1st Aug, 2010
EB3 - 1st Feb, 2011
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-may-2021.html
bangaloreboy
04-20-2021, 08:12 AM
Visa bulletin for May released.
EB2 - 1st Aug, 2010
EB3 - 1st Feb, 2011
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-may-2021.html
thats incredible!
I am current! Congrats to all who became current this bulletin...
I do understand the reality that getting current is not the same as getting a GC but yay!
incredible
04-20-2021, 08:36 AM
thats incredible!
I am current! Congrats to all who became current this bulletin...
I do understand the reality that getting current is not the same as getting a GC but yay!
Congratulations. It is almost fair to say that post May, 2010, it is almost like level playing field as everyone after that date have filed 485 in 2020. But from my experience of GC journey, it is just one wait after another. Wait to become current, and the wait for RFE, then wait for RFER, then wait for Card produced email or message, then wait for approval email, then wait for card mailed and final wait for card picked up by USPS.
Good luck to all and hope patience pays off.
waitin4gc
04-20-2021, 09:03 AM
Congrats everyone who became current!! I have a Q. My Priority date is Feb 28 2011. I filed my I-485 in EB2 category last October and received EAD/AP Combo card recently. While I am still on H1b with the same employer. My employer has offered to downgrade my I-140 to EB3 now. Is it advisable to downgrade to EB3 now? Will there be any impact on I-140 downgrade if I use my previously issued EAD for business on the side and AP for travel.
NBC; EB2-I: PD: 28FEB11; RD: 22OCT2020; ND: 14NOV2020; EAD/AP: 17APR2021
gcconnect
04-20-2021, 09:26 AM
Congratulations everyone became current. I have November 2010 EB2I and EB3I and i filed in EB3I with knowledge gained from this Forum. Thank you every one who educated me and all the best every one .
richie.rich
04-20-2021, 09:29 AM
Congratulations everyone became current. I have November 2010 EB2I and EB3I and i filed in EB3I with knowledge gained from this Forum. Thank you every one who educated me and all the best every one .
Congratulations. Mine is Sep 2010 EB2 and EB3. Filed under EB3. Medicals are current, so not expecting any RFE based on that. How much time do you guys think it will take to get GC in hand?
inspired_p
04-20-2021, 09:30 AM
Congratulations to everyone who became current !
Now its the next wait .. hoping for the RFE for medicals.
Is it advisable to interfile the medicals before RFE? Never submitted the medicals before
Zenzone
04-20-2021, 09:37 AM
Congrats all! I do see the RFE scene and pace picking up a bit. Hopefully the pace increases going forward.
MeraNumber09
04-20-2021, 10:00 AM
Congrats to all who became current. What does the trend indicator for the next 2 months?
rocketfast
04-20-2021, 10:09 AM
Congrats to all who became current. What does the trend indicator for the next 2 months?
You can look at the case samples of your local field office (in greencardly website) to understand what application date they have been approving in the last week.
Turbulent_Dragonfly
04-20-2021, 10:18 AM
Congratulations everyone who got current! Special wishes to those souls with PD just > May 1, 2010 who waited 9 years :D
inspired_p
04-20-2021, 10:29 AM
Congratulations everyone who got current! Special wishes to those souls with PD just > May 1, 2010 who waited 9 years :D
Congratulations to you ! I can't imagine the agony for the past 9 years !
milindind
04-20-2021, 10:43 AM
Visa Bulletin for May 2021 is out. No change in Filing Dates
FAD for EB2 advances by 3 months from 01 May 10 to 01 Aug 10. EB3 advances vy 5 months from 01 Sep 10 to 01 Feb 2011
Turbulent_Dragonfly
04-20-2021, 10:45 AM
Congratulations to you ! I can't imagine the agony for the past 9 years !
Thanks! No agony to be honest as I have been with the same employer for more than a decade and thankfully it did not affect career progression or anything like that so I consider myself fortunate.
shekhar_kuruk
04-20-2021, 10:55 AM
Thank you for this info. Today, we also received physical copies of the RFEs. Supp J and medical for the primary and medical for the dependent. I am preparing Supp J myself and will present to the employer's HR office tomorrow. The key is to get them to sign the document. If they insist to get the lawyer involved, then we can't do much. For the dependent, since employer signature is not required, we can certainly save money on that Medical RFE.
I have another question. Should I send RFE response separately for the primary and dependent in separate mails OR together in the same package?
Always put the RFE letter on top of the response and other info below the RFE letter, the RFE has a bar code so I would suggest using different packages and send it in to USCIS.
mesan123
04-20-2021, 11:01 AM
Congratulations everyone who got current! Special wishes to those souls with PD just > May 1, 2010 who waited 9 years :D congratulations
1312011_eb2I
04-20-2021, 11:12 AM
My PD is 2/1/2011 , have I missed FAD by one day under EB3?
Turbulent_Dragonfly
04-20-2021, 11:38 AM
My PD is 2/1/2011 , have I missed FAD by one day under EB3?
Unfortunately yes. People who have a PD before the date are current. It will likely move next bulletin.
Turbulent_Dragonfly
04-20-2021, 11:45 AM
FYI.
@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 April 22, 2021 at 1:00 p.m. EST to discuss the April Visa Bulletin.
ak7419
04-20-2021, 12:06 PM
FYI.
@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 April 22, 2021 at 1:00 p.m. EST to discuss the April Visa Bulletin.
Wish USCIS did something like this or at least publish pending inventory. of course, they need more manpower and resources.
Transformer
04-20-2021, 12:08 PM
The first chat is scheduled to take place on April 22, 2021 at 1:00 p.m. EST to discuss the April Visa Bulletin.
I don't know why CO wants to discuss April VB. It must be a typo.
waitin4gc
04-20-2021, 12:08 PM
Greatly appreciate if my Q can be answered. There are folks who are in similar situation and looking for guidance. Hence, reposting. My Priority date is Feb 28 2011. I filed my I-485 in EB2 category last October and received EAD/AP Combo card recently. While I am still on H1b with the same employer. My employer has offered to downgrade my I-140 to EB3 now. Is it advisable to downgrade to EB3 now? Will there be any impact on I-140 downgrade if I use my previously issued EAD for business on the side and AP for travel.
inspired_p
04-20-2021, 12:17 PM
Greatly appreciate if my Q can be answered. There are folks who are in similar situation and looking for guidance. Hence, reposting. My Priority date is Feb 28 2011. I filed my I-485 in EB2 category last October and received EAD/AP Combo card recently. While I am still on H1b with the same employer. My employer has offered to downgrade my I-140 to EB3 now. Is it advisable to downgrade to EB3 now? Will there be any impact on I-140 downgrade if I use my previously issued EAD for business on the side and AP for travel.
I am no expert. But I think timeline for I-140 downgrade application to be filled , upgraded to premium and approval will be around 3 months. And then you will have to interfile to change the underlying petition from EB2 to EB3. Based on the trend EB2 might move 9 months in the next 3 months. Not sure if you would get the benefit of EB3 downgrade in terms of FAD being current at this point of time.
EAD and AP should not affect I-140 downgrade petition.
Always put the RFE letter on top of the response and other info below the RFE letter, the RFE has a bar code so I would suggest using different packages and send it in to USCIS.
Thank you! I will certainly follow your advice. My immediate boss is willing to sign the Supp J, but HR as always is taking their sweet time! I am even thinking of going with the signature of my immediate boss (without HR's inputs/signatures), but certainly don't want to rush things now that I am so close to the final destination.
incredible
04-20-2021, 01:04 PM
I am no expert. But I think timeline for I-140 downgrade application to be filled , upgraded to premium and approval will be around 3 months. And then you will have to interfile to change the underlying petition from EB2 to EB3. Based on the trend EB2 might move 9 months in the next 3 months. Not sure if you would get the benefit of EB3 downgrade in terms of FAD being current at this point of time.
EAD and AP should not affect I-140 downgrade petition.
rightly said. Please consider overall timeline in these scenarios with the potential of EB2 moving into 2011 as well.
inspired_p
04-20-2021, 01:07 PM
The link you sent is only for AC21 provision. It's not after GC.
After GC, it's still a grey area. That's where you go with attorney's advice. 6-12 months is considered enough time by most attorneys.
If you leave as soon as you receive your GC then you need to substantiate it to USCIS during N-400 if a need arises. So staying with your employer at least for 6 months is sorta future proof. Leaving earlier than that, you need to be prepared if USCIS asks any questions during N-400.
https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/
And, several others give you the same advice. My attorney recommends at least 6 months.
After 180 days of pending I-485 application, AC21 allows the employee to change employers.
If GC is approved after 6 months of I-485 application there is no reason USCIS will look at employment change in the same job category negatively. And there has been no cases documented where USCIS saw it as negative at the time of naturalization.
Only grey area is if GC gets approved within 180 days of applying I-485. As AC 21 would have kicked in only after 180 days if GC was not approved.
Transformer
04-20-2021, 03:36 PM
I am no expert. But I think timeline for I-140 downgrade application to be filled , upgraded to premium and approval will be around 3 months. And then you will have to interfile to change the underlying petition from EB2 to EB3. Based on the trend EB2 might move 9 months in the next 3 months. Not sure if you would get the benefit of EB3 downgrade in terms of FAD being current at this point of time.
EAD and AP should not affect I-140 downgrade petition.
Agree with your points. Downgrade approval of 140 in PP in 3 months is very optimistic. For lots of people PP is rejected 2, 3 times. If PP is not accepted then it will be 8-9 months for 140 alone. Interfiling is another gray area where there is no timeline. I think the right thing to do for everyone applied in EB2 (until May 2011) to stay in there to get the GC early.
Jonty Rhodes
04-20-2021, 04:09 PM
I have a question regarding EB3 premium processing rejection.
I filed an EB2-EB3 downgrade on October 28, 2020. My EB3 I-140 is now pending for 174 days. I recently upgraded my EB3 I-140 to premium processing on March 23, 2021. My premium processing was rejected on March 29, 2021, because NSC did not have my original I-140 file with them and per rules, they can't do premium processing unless they have the original I-140 file with them.
The notice says
__________________________________________________ __________________________________________________ __________________________________________________ _________
"Form I-907, remittance(s) and supporting documentation are being returned for the following reason(s):
The original Department of Labor ETA-9089 was submitted with a previously filed I-140. The file containing the original ETA-9089n is currently not at this service center. According to the requirements for acceptability for Premium Processing, the entire original ETA-9089 must be present at the service center at the time of filing Form I-907.
We have initiated a request for the related file. Please wait at least 30 days before resubmitting."
__________________________________________________ __________________________________________________ __________________________________________________ _________
So it seems like that I can request premium processing again in 30 days and hope that USCIS would have got my original I-140 file by that time.
My original EB2 I-140 was approved by NSC. My new downgraded EB3 I-140 is also at NSC. Both receipts start with code LIN.
So I find it very strange that USCIS is saying that my previously filed I-140 is not at NSC now and they have to request it from another service center.
Has anyone had a similar experience or knowledge about this scenario? My PD is May 20, 2011, so it is likely that it will get current in the EB3 category in the June bulletin.
AceMan
04-20-2021, 04:54 PM
Agree with your points. Downgrade approval of 140 in PP in 3 months is very optimistic. For lots of people PP is rejected 2, 3 times. If PP is not accepted then it will be 8-9 months for 140 alone. Interfiling is another gray area where there is no timeline. I think the right thing to do for everyone applied in EB2 (until May 2011) to stay in there to get the GC early.
Every time visa bulletin is released and eb3 FD passes their Eb2 PD, some body or other will have the same question. And the funny thing, he already has his EAD and AP and his company wants to do the downgrade for him. Little unbelievable!!!
The advise to these questions reeking greed should be firm. Stay put in the category you are. I would like to see people like Idli, Ak getting greened after being stuck for while, instead of these greedy people clogging up the queues for no reason.
asankaran
04-20-2021, 05:22 PM
Every time visa bulletin is released and eb3 FD passes their Eb2 PD, some body or other will have the same question. And the funny thing, he already has his EAD and AP and his company wants to do the downgrade for him. Little unbelievable!!!
The advise to these questions reeking greed should be firm. Stay put in the category you are. I would like to see people like Idli, Ak getting greened after being stuck for while, instead of these greedy people clogging up the queues for no reason.
I wish the same yardstick was applied when people upgraded from EB3-EB2. There is nothing right or wrong when it comes to Green Card. As long as it is legal and you have earlier priority date, go and grab that green card and move on with your life.
I have been stuck in Eb2 while people preached there is nothing in upgrading, so go for it if it?s worth the effort. In fact most of folks would have downgraded if we had previous administration.
inspired_p
04-20-2021, 05:26 PM
Every time visa bulletin is released and eb3 FD passes their Eb2 PD, some body or other will have the same question. And the funny thing, he already has his EAD and AP and his company wants to do the downgrade for him. Little unbelievable!!!
The advise to these questions reeking greed should be firm. Stay put in the category you are. I would like to see people like Idli, Ak getting greened after being stuck for while, instead of these greedy people clogging up the queues for no reason.
We can advise as we feel fit, final decision rests on the individual. In this scenario it absolutely the right advice not to downgrade at this point of time. If he had asked this question last October when he did infact file I-485 on basis of EB2 I-140, the right advice may not have been to Stay put.
qesehmk
04-20-2021, 05:29 PM
Every time visa bulletin is released and eb3 FD passes their Eb2 PD, some body or other will have the same question. And the funny thing, he already has his EAD and AP and his company wants to do the downgrade for him. Little unbelievable!!!
The advise to these questions reeking greed should be firm. Stay put in the category you are. I would like to see people like Idli, Ak getting greened after being stuck for while, instead of these greedy people clogging up the queues for no reason.
Yes indeed. Everybody has right to do what is in his/her interest and within legal framework.
We support and do no criticize fellow immigrants for acting in their self interest this way.
Transformer
04-20-2021, 05:43 PM
My original EB2 I-140 was approved by NSC. My new downgraded EB3 I-140 is also at NSC. Both receipts start with code LIN.
So I find it very strange that USCIS is saying that my previously filed I-140 is not at NSC now and they have to request it from another service center.
Has anyone had a similar experience or knowledge about this scenario? My PD is May 20, 2011, so it is likely that it will get current in the EB3 category in the June bulletin.
Jonty, I have seen several cases like this in Trackitt. It is my understanding that even though your previous 140 was approved in Nebraska, after a while these documents (PERM/140) are physically stored in a central location that they need to get the physical copy to process the current 140.
Keep trying and it will be accepted. I have seen people successful in getting PP accepted in their 3rd/4th attempt.
vsivarama
04-20-2021, 07:01 PM
@Jonty, I have seen the exact same thing happen to a friend of mine. He has already sent in his application a second time. Waiting on the response from USCIS.
vsivarama
04-20-2021, 07:29 PM
My two cents on the USCIS processing capacity. It is a noble intent to respect USCIS processing capacities and avoid filing cases which are flimsy and do not necessarily benefit the individual in getting GC any faster. We should have a healthy amount of respect for our limited resources not only in immigration but in life in general. Having said that, I would also like to point out, that a lot of inefficiencies plaguing the USCIS are self inflicted wounds. A lot of unnecessary work was introduced by the previous admin with the sole intent of slowing down immigration (not to make it better). Some of those chains are being released but we are still a far cry from where we were in 2016. If we did not have these inefficiencies introduced into USCIS with malintent, I have no doubt in mind that issuing 261K GCs to EB folks would have been a cake walk for USCIS pandemic or not and even with the people jumping back and forth between the queues wasting USCIS' time.
ak7419
04-20-2021, 07:52 PM
My two cents on the USCIS processing capacity. It is a noble intent to respect USCIS processing capacities and avoid filing cases which are flimsy and do not necessarily benefit the individual in getting GC any faster. We should have a healthy amount of respect for our limited resources not only in immigration but in life in general. Having said that, I would also like to point out, that a lot of inefficiencies plaguing the USCIS are self inflicted wounds. A lot of unnecessary work was introduced by the previous admin with the sole intent of slowing down immigration (not to make it better). Some of those chains are being released but we are still a far cry from where we were in 2016. If we did not have these inefficiencies introduced into USCIS with malintent, I have no doubt in mind that issuing 261K GCs to EB folks would have been a cake walk for USCIS pandemic or not and even with the people jumped back and forth between the queues wasting USCIS' time.
I still feel like USCIS got overwhelmed by Oct-Dec downgrades (and compounded by COVID) more than the unnecessary policies introduced by previous adminstration.
BunnyVas
04-20-2021, 08:20 PM
Every time visa bulletin is released and eb3 FD passes their Eb2 PD, some body or other will have the same question. And the funny thing, he already has his EAD and AP and his company wants to do the downgrade for him. Little unbelievable!!!
The advise to these questions reeking greed should be firm. Stay put in the category you are. I would like to see people like Idli, Ak getting greened after being stuck for while, instead of these greedy people clogging up the queues for no reason.
You forgot another name --> AceMan, your argument is so selfish.Every one in EB2 also waited as long as you, if their date is before you, they deserve their shot at GC before you.
AceMan
04-20-2021, 08:51 PM
Yes indeed. Everybody has right to do what is in his/her interest and within legal framework.
We support and do no criticize fellow immigrants for acting in their self interest this way.
Q, During a pandemic people are requested to stay home. Regularly people will ask can we go out. Most of the times plain request will fall in deaf ears. There were already 2 comments suggesting the futility of the persons actions.
I just added the spices and masala presented it with my trademark piercing points. As I mentioned few months back, I never questioned the people when they downgraded, only after the downgrade window was closed, I let know the people of my thoughts.
My former critic Vsiva, captured the essence of my comment beautifully.
In October 2020, it was a necessity for people for downgrade, in May 2021 when a person already had a Feb 2011 Eb2 PD, EAD approved, attempting to downgrade to Eb3, is an effort of 3-4 months, by which time he could get greened anyways.
I take pride in giving honest opinions and I have absolutely no malice intention with my comments. This particular downgrade action will most probably result ending up in TSC and it can result in decremental effect for applicants waiting there with no advantage for him.
3March2010
04-20-2021, 11:14 PM
I just got a notification which seems like a second RFE on Supp J. Havent received the letter yet, so dont know the details. Has anyone experienced that? Any tips?
PD Mar 2010, current in April, NSC.
qesehmk
04-21-2021, 05:10 AM
Ace - no worries my friend. I believe you. My only point is - people will always do what they will do. I am a completely secular man but firmly believe this sentence from Bhagvadgita
Prakritam yaanti bhootani
It means people are slave to their nature. So I would never ask somebody not to do something if the guy insists. I give them all the data as well as my opinion why the road to the left is better or the right one. But let them decide what's in their interest.
Q, During a pandemic people are requested to stay home. Regularly people will ask can we go out. Most of the times plain request will fall in deaf ears. There were already 2 comments suggesting the futility of the persons actions.
I just added the spices and masala presented it with my trademark piercing points. As I mentioned few months back, I never questioned the people when they downgraded, only after the downgrade window was closed, I let know the people of my thoughts.
My former critic Vsiva, captured the essence of my comment beautifully.
In October 2020, it was a necessity for people for downgrade, in May 2021 when a person already had a Feb 2011 Eb2 PD, EAD approved, attempting to downgrade to Eb3, is an effort of 3-4 months, by which time he could get greened anyways.
I take pride in giving honest opinions and I have absolutely no malice intention with my comments. This particular downgrade action will most probably result ending up in TSC and it can result in decremental effect for applicants waiting there with no advantage for him.
AceMan
04-21-2021, 11:59 AM
Coming back to the actual predictions, and spill overs there is actually a good chance for the number of visas in EB closer to 300,000. And unlike start of 2021, we do not have EB1 backlog or Eb2,3 -ROW backlog or demand to hamper the needs of EB2 and 3.
With the corona ramifications still high, a good movement expected for FY 2022 as well.
How would as EB immigrants, we make best use of the resources which are limited, while the visas numbers are high.
1. If you are before Jan 2015, and you have downgraded, stay put. If you have not again stay put. There are enough visa numbers to cover your cases for 2022. If you have doubt look at my profile image which shows the approved 140 numbers.
2. If the filing dates have passed Jan 2015 please downgrade if EB3 provides you EAD. If you are changing jobs, and have the option to file new 140 always go for EB3. The idea floated mostly is go to EB2 and downgrade if necessary which is really a horrible suggestion. EB2 has nearly 300,000 primary 140s till 2020 and if you have a chance to file it again via job change go for EB3.
3. The first use of EB visas for FY2022 is going to be for Eb2 I by the look of it. So people if you are after May 2011 and downgraded, and see the EB2 dates moving up again, do the possible homework now itself. If your Eb2-3 is an amended petition, you cannot interfile. If it is filed as new you can interfile. However if the dates are close by, while it is your full right to file whatever which can get your GC faster, please be considerate to the resources and if the extra work is worth it when the things are so close.
4. And last but not the least if the pandemic continues for another year, the struggles we faced would have all but vanished, as in 2023, a 2018-19 filer will be dominating this discussion boards !!!
Powered by vBulletin® Version 4.2.5 Copyright © 2025 vBulletin Solutions Inc. All rights reserved.