EB2-3 Predictions (Rather Calculations)

[trackitgc]

This is old news but I do think the USCIS resources hired recently would definitely help in speeding up the process going forward. I don't think all of them have been hired but they did fill in a decent chunk of these openings. I'm from the area so I know the local economy. I believe they are doing the same at the other centers.

https://www.kshb.com/news/local-news/500-u-s-immigration-agency-jobs-to-return-to-kansas-city

[sstest]

Hi,

I am probably in a peculiar situation. Originally EB2 Jul 2011, applied for EB3 downgrade on Oct 29th, 2020. I did receive the notice receipts in Feb end but no further action.

-- Are there other people in my situation who have not received FP notices?
-- Any action items recommended?

PD: EB2-I 12 Jul-2011
I-485, EB3 downgrade 140, I-765, I-131 applied : 29 OCT 2020 BIOMETRICS : N/A

Appreciate any guidance.

[vsivarama]

Hi,

I am probably in a peculiar situation. Originally EB2 Jul 2011, applied for EB3 downgrade on Oct 29th, 2020. I did receive the notice receipts in Feb end but no further action.

-- Are there other people in my situation who have not received FP notices?
-- Any action items recommended?

PD: EB2-I 12 Jul-2011
I-485, EB3 downgrade 140, I-765, I-131 applied : 29 OCT 2020 BIOMETRICS : N/A

Appreciate any guidance.

You are not in a peculiar situation. You are in a very common situation. I have no updates on biometrics yet. Received my notice on Jan 13th and so have many others from Texas Service center.

[GCkaLADDU]

Interesting question from a user from trackitt. Or may be i am just being a noob :)

When is the visa number available considered to be used? FAD moving to a date X means that they have enough visa's available for allocation in a particular category until that date. Lets say 5000 visas to cover folks until 1-Feb-2011 in EB3 in May 2021 Bulletin. Does that mean that all folks 'current' would get a visa number allocated irrespective of when actually a green card is issued (8-12 months down the line)?

Also, if 1000 downgrades kick in during this one month window then how do they get visa numbers allocated? I assume that priority dates play a role meaning original non-downgrade folks towards the later part (ex: end of Jan 2011) might not get visa allotment due to downgrade folks with PD in early to mid Jan 2011.

Anyone knows?

[dexter2010]

Folks, appreciate your wisdom here. I’m EB2 Dec 2010 PD. I applied for AOS for my spouse and me in October 2020. I made a expedite request for my EAD which was approved. So I have my EAD on hand. My
Wife has H4-EAD which expires in August 2021. Her AOS based EAD is still pending. Now, my H1-B expires in August 2021 and we are in the process of renewing H1B and H4. The attorneys are suggest I also pay them 750$ to file I-765 based on H4 c(26).now, they know that her EAD is pending for 180 days but they are still suggesting I renew H4 EAD. I’m not sure if that’s a wise decision. I know I can technically have multiple EAD requests under different categories, but I’m unsure if I should do that. Her AOS EAD may Just come thru before August. For those who have been in similar situations, what did you do?

[sstest]

Folks, appreciate your wisdom here. I’m EB2 Dec 2010 PD. I applied for AOS for my spouse and me in October 2020. I made a expedite request for my EAD which was approved. So I have my EAD on hand. My
Wife has H4-EAD which expires in August 2021. Her AOS based EAD is still pending. Now, my H1-B expires in August 2021 and we are in the process of renewing H1B and H4. The attorneys are suggest I also pay them 750$ to file I-765 based on H4 c(26).now, they know that her EAD is pending for 180 days but they are still suggesting I renew H4 EAD. I’m not sure if that’s a wise decision. I know I can technically have multiple EAD requests under different categories, but I’m unsure if I should do that. Her AOS EAD may Just come thru before August. For those who have been in similar situations, what did you do?

As always, difficult to say what would be the right decision. I am in a similar situation and I can share my decision and rationale for it.

As posted above, I am EB2, Jul 2011 and, unfortunately, needed to downgrade so comparatively you are in a better shape there with a straight filing. I am also due for H1, H4, and potentially H4EAD refresh. I am going for H4EAD for my spouse; the current one expires in Sep 2021.

Two reasons:
-- As evidenced by my case (No FP notice yet after 6 months), USCIS processing timelines are quite unpredictable. With my downgrade and new 140 etc, GC may/will easily take more than a year. I would like to stay on H1/H4 path and not move to I-485 pending state for an extended period.
-- H4EAD comes with 3-year validity so we should be done with 1 more go at it - if everything else goes well. I-485 EAD will most probably need to be renewed once more as everyone seems to be getting a 1 year validity card.

Good luck with your decision and application!

[Djidondon]

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 !!!

AceMan, I hope all is well. Do you think I?ll have chances to apply for AOS by downgrading to EB3I coming Oct 2021 ? My PD is Nov 2016

With a good forward momentum in final action dates in May VB and next upcoming 4 months visa bulletin, do you think August visa bulletin can provide some directions whether my PD will be in DOF for Oct 2021?

[vsivarama]

Folks, appreciate your wisdom here. I’m EB2 Dec 2010 PD. I applied for AOS for my spouse and me in October 2020. I made a expedite request for my EAD which was approved. So I have my EAD on hand. My
Wife has H4-EAD which expires in August 2021. Her AOS based EAD is still pending. Now, my H1-B expires in August 2021 and we are in the process of renewing H1B and H4. The attorneys are suggest I also pay them 750$ to file I-765 based on H4 c(26).now, they know that her EAD is pending for 180 days but they are still suggesting I renew H4 EAD. I’m not sure if that’s a wise decision. I know I can technically have multiple EAD requests under different categories, but I’m unsure if I should do that. Her AOS EAD may Just come thru before August. For those who have been in similar situations, what did you do?

Question, when you went through the trouble of expediting your EAD then why are you filing H1? Why can't you just move to EAD and be done with H1? If you did not want to move to EAD what was the reason for expediting EAD? Even if you were to stick to H1 for some reason, with your PD being so close to being current why not wait till august to file your H1? If I were in your place, I would not unnecessarily be needling USCIS to keep revisiting my cases.

[dexter2010]

Question, when you went through the trouble of expediting your EAD then why are you filing H1? Why can't you just move to EAD and be done with H1? If you did not want to move to EAD what was the reason for expediting EAD? Even if you were to stick to H1 for some reason, with your PD being so close to being current why not wait till august to file your H1? If I were in your place, I would not unnecessarily be needling USCIS to keep revisiting my cases.
Great question /u/vsivarama. I had to expedite my EAD for two reasons:
1. I was very close to negotiating a new job offer, which unfortunately has fallen through.
2. I need to travel out of the country for personal reason which can’t be avoided. I wanted to make sure that I don’t get into risks with re-entry. Though my H1 should be good, I didn’t want to take chances.

While I may become current by August 2021, I highly doubt I will have my GC in hand given the processing timelines. So it would be prudent to renew H1-B/H4.

My wife’s job is dependent on her having EAD. If I apply for H4 EAD renewal now, that would take about 9 months, by that time, the AOS EAD should have come through (given that it’s already been about 6 months).

I think my dilemma is stemming from me being over cautious by nature; figured there should be others with similar situations and I can benefit from their experiences.

[vsivarama]

While I may become current by August 2021, I highly doubt I will have my GC in hand given the processing timelines. So it would be prudent to renew H1-B/H4.

My wife’s job is dependent on her having EAD. If I apply for H4 EAD renewal now, that would take about 9 months, by that time, the AOS EAD should have come through (given that it’s already been about 6 months).



You are acknowledging that your wife will NOT benefit with H4-EAD whether filed now or in August. So is there no need to file for H4-EAD if you are sure AOS-EAD is the way forward for her from here. Even if you are being overly cautious there is absolutely no reason for filing H1 before August. You can wait 3 months and proceed however you want in August. Why are you leaving out the off chance of USCIS rejecting your H1 before you get your GC when you are already factoring an off chance of them rejecting your 485. H1's are 3 times more likely to be denied than a 485 application. Now that's being overly cautious!!:)

[Transformer]

My wife’s job is dependent on her having EAD. If I apply for H4 EAD renewal now, that would take about 9 months, by that time, the AOS EAD should have come through (given that it’s already been about 6 months).


Knowing the current H4/H4-EAD timeline, which is more than an year, there is no way the H4-EAD will help your wife to continue her job. So the only option is to wait for the GC EAD. I am not sure why you didn't expedite EAD for your wife and only did for you. From your situation, she needs EAD more than you.

[AceMan]

You are acknowledging that your wife will NOT benefit with H4-EAD whether filed now or in August. So is there no need to file for H4-EAD if you are sure AOS-EAD is the way forward for her from here. Even if you are being overly cautious there is absolutely no reason for filing H1 before August. You can wait 3 months and proceed however you want in August. Why are you leaving out the off chance of USCIS rejecting your H1 before you get your GC when you are already factoring an off chance of them rejecting your 485. H1's are 3 times more likely to be denied than a 485 application. Now that's being overly cautious!!:)

I recall an IPL image which Harsha Bogle was commenting about couple of days back. It was a no-ball image, where the foot of the bowler was marginally over the popping crease, while the non striker was already 2-3 yards out of the crease.

There is no way this person is going to change any of the things he has already decided will do. Like Q mentioned earlier, every person is a slave to his nature. I am a slave to responding to things which I deem as atrocity, irrespective of its legality.

[Viking]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

[AceMan]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

Right in the middle of raging pandemic in India?

[Transformer]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

I strongly advice not to travel unless it is emergency. Your PD will be current in a month or two and you can receive RFE anytime. Even if you send medicals without RFE, there is no guarantee they will accept it. Also with the Covid situation in India right now, I don't advice travel.

[2011Feb]

Folks, appreciate your wisdom here. I’m EB2 Dec 2010 PD. I applied for AOS for my spouse and me in October 2020. I made a expedite request for my EAD which was approved. So I have my EAD on hand. My
Wife has H4-EAD which expires in August 2021. Her AOS based EAD is still pending. Now, my H1-B expires in August 2021 and we are in the process of renewing H1B and H4. The attorneys are suggest I also pay them 750$ to file I-765 based on H4 c(26).now, they know that her EAD is pending for 180 days but they are still suggesting I renew H4 EAD. I’m not sure if that’s a wise decision. I know I can technically have multiple EAD requests under different categories, but I’m unsure if I should do that. Her AOS EAD may Just come thru before August. For those who have been in similar situations, what did you do?

Hi,
I can tell from my own story. Getting approved from AOS EAD is having better chance then H4EAD.
I applied H1 extension (H4 and EAD for my wife) in Aug 2010. My H1 is approved. My wife's H4 and EAD is still pending.
Tried multiple times for expediting H4 EAD , nothing worked. (Multiple SR's, One time with Senator's office). Finally my wife had to quit a job.
Applied EAD through AOS and got our EAD's recently.
Again this is case to case, you think decide .

[vsivarama]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

I am sending in my medicals earlier via interfiling on my lawyers suggestion. As per his experience there have been many hits and also misses. Worst case is USCIS will resend an RFE for medicals again. In that case your family would either need to cut their vacation short or if enough time on RFE response can come back as per their original plans. One more thing my doctor said yesterday was that they internally treat medicals valid for a year. And so in case USCIS sends out an RFE in a year, the doctor's office said they would just re-date the forms and hand it over to us. Yeah, but travel in this pandemic is risky though.

[android09]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

I?m not one to judge and tell you what to do, but please consider the risk of traveling anywhere. Right now India is clocking 315,000 cases a day. This is an undercount by atleast 25-30%. If you are vaccinated, that is good. What is not clearly known is can you transmit while being vaccinated. Also, no vaccine yet for children. Please take precautions.

[beagle]

Quick Question: My PD date is June 2011 EB3. My biometrics is done a couple of weeks back. I did not submit my medical with the AOS package. My family is planning to go to India for summer vacation for almost 3 months June- August. There is a strong possibility my FAD might become current in the next couple of months. Shall I submit my medicals without waiting for RFE, is there any downside to that?

Considering all that you've gone through to reach the very final step and knowing very well your PD might be current very soon, its safe to assume that you will receive the RFE for I693 soon. Now your family wants to travel to India for vacation. Well, its your call. What if there is a travel ban after your family is in India ? How can your wife get her medical report when you receive the RFE ? What if your preemptive move of sending the RFE is rejected ? Is air travel save for the kids without any vaccine ? What if you are forced to miss the RFE deadline ? My RFE medical had a deadline of 84 days to respond.

[maverick2010]

Folks, appreciate your wisdom here. I?m EB2 Dec 2010 PD. I applied for AOS for my spouse and me in October 2020. I made a expedite request for my EAD which was approved. So I have my EAD on hand. My
Wife has H4-EAD which expires in August 2021. Her AOS based EAD is still pending. Now, my H1-B expires in August 2021 and we are in the process of renewing H1B and H4. The attorneys are suggest I also pay them 750$ to file I-765 based on H4 c(26).now, they know that her EAD is pending for 180 days but they are still suggesting I renew H4 EAD. I?m not sure if that?s a wise decision. I know I can technically have multiple EAD requests under different categories, but I?m unsure if I should do that. Her AOS EAD may Just come thru before August. For those who have been in similar situations, what did you do?

Great question...

Achieving H4 EAD continuity(i.e., getting extension on time) is almost impossible lately. With that being the case, it looks like most of the folks in H4 have only two options

a. Take a break from the current job until your H4 EAD extension gets approved (or)
b. Jump into I-485/some other EAD or work visa to stay in the job

Unless JB does something ASAP, I don't see any other choice for now. It is very unfortunate how H4 EAD folks life's are affecting by these intentional delays - Atrocious...

[Viking]

Considering all that you've gone through to reach the very final step and knowing very well your PD might be current very soon, its safe to assume that you will receive the RFE for I693 soon. Now your family wants to travel to India for vacation. Well, its your call. What if there is a travel ban after your family is in India ? How can your wife get her medical report when you receive the RFE ? What if your preemptive move of sending the RFE is rejected ? Is air travel save for the kids without any vaccine ? What if you are forced to miss the RFE deadline ? My RFE medical had a deadline of 84 days to respond.

Thanks everyone for your concern and responses. I very well understand the downsides, there are reasons for the travel. But hoping things might stabilize by June. That's the reason I want to keep the medical done and submit without an RFE. Will that work, or as someone suggested, that the doctor may redate and provide if its within a year

[Mgajsk]

------------------
Today is the 185th day and future is very blissful!! Thank you for all the advisers in this group !!!
Congrats to all who are current and those who have/will receive EADs.

Covid-19 surely brought some mixed feelings and emotions !!


No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.

That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

[incredible]

Thanks everyone for your concern and responses. I very well understand the downsides, there are reasons for the travel. But hoping things might stabilize by June. That's the reason I want to keep the medical done and submit without an RFE. Will that work, or as someone suggested, that the doctor may redate and provide if its within a year

While you are best judge of your prevailing situations, traveling to India in summer (Even in June) is risky. The important point is if US decides to ban travel back from India and if there is an RFE, you may not be able to honor the RFE response. There are a lot of unknowns as it is related to how USCIS issues RFE etc. You can send medicals now and hope that it will suffice and you will never receive an RFE, but that is just hope.

[march1612]

Hi,

I am in a different city on a business trip away from my home address which is on file with I485 application.

My Priority date is current and Do not see any update from TSC on my case yet using USCIS case status tool.

1. Is USCIS proactive in updating the case status online in case of RFE or case updates?
2. Does USCIS only send paper RFE's ? Is yes, does Attorney on file get the copy of RFE?
3. How to connect to USCIS Customer service agent via phone, the automated system always hangs up

[LeoAugust]

From CO's live call
1- Sep-2020 Filling dates will be FAD-Sep-2021
2- EB2 will be aggressive in jun-jul
3- EB3 will be aggressive in jun-jul
4- USCIS seems like will honor the apps
5- Current month VB was not aggressive for EB2I due to ROW
6- Aggressive means more than 6 months (my assumption)

[korlakunta08]

Hi March1612
I am on same boat my priority date is 2010 Feb 13 still waiting for update

[Positive]

Caught the Charlie Chat, he is already preparing everyone that tens of thousands of visas may go unused because the numbers available are so large. He also said he is not moving dates aggressively because he wants "plenty" of numbers available for ROW should there be demand or something to that effect. He was also tirelessly praising USCIS for working really hard and for having processed 90% of 2020 numbers despite the pandemic. They also took a question on why India gets so many more EB visas than others and he explained that there is 7% limit so that no country "monopolizes" the visas but the law provides blah blah blah. He also said most FADs will reach filing dates listed in Oct bulletin by september except EB3 India and one other category not relevant to India. Reading the tea leaves from those tstatements, I believe USCIS is preparing to waste as many visas as they fancy. It is my firm believe that backlogged EB India community should organize and lobby as hard as possible with the Biden administration to ensure that all available visas for this and next financial year are used. This is a much easier lift, almost a low hanging fruit compared to getting any legislation passed, including the country cap removal legislations. I do not understand why the fanatic country cap removal proponents are sitting quietly and twidding their thumbs when the least amount of activity would bear the most fruit. It would also make the country cap removal easier considering the smaller the gap between India and China and ROW, the lesser the drag on others getting their GCs because of country cap rempoval. Am I missing something here? Or, are the so called grass roots activists of EB backlog just in it for fund raising and trolling the hapless community.

[Transformer]

From CO's live call
1- Sep-2020 Filling dates will be FAD-Sep-2021
2- EB2 will be aggressive in jun-jul
3- EB3 will be aggressive in jul-jul
4- USCIS seems like will honor the apps
5- Current month VB was not aggressive for EB2I due to ROW
6- Aggressive means more than 6 months (my assumption)

EB3 Filing date is adjusted later to 2014 Jan and he said he will try everything possible to meet that date but I think they will change their mind once he start getting the downgrade numbers from USCIS.

He mentioned couple of times that there is going to be visa wastage. How much is the key.

CO mentioned that USCIS is doing everything possible to increase processing speed but we don't see that in reality yet.

[Positive]

One last piece of useful info now that I am done venting, per Charlie, EB2 and EB3 India would move at least as much in June as they did in May bulletin, possibly more. In July, they may or may not move as much depending on other demand, but likely will.

[dexter2010]

Hi,
I can tell from my own story. Getting approved from AOS EAD is having better chance then H4EAD.
I applied H1 extension (H4 and EAD for my wife) in Aug 2010. My H1 is approved. My wife's H4 and EAD is still pending.
Tried multiple times for expediting H4 EAD , nothing worked. (Multiple SR's, One time with Senator's office). Finally my wife had to quit a job.
Applied EAD through AOS and got our EAD's recently.
Again this is case to case, you think decide .

Thank you for your insights. I have similar thoughts. I guess at this point in time, I will just take chances with AOS EAD for my wife as by August, it would be 10 months since filing so the chances of that coming through is higher than H4-EAD.

It was good until 2019, when 539 and 765 would also be processed with H1-B and a determination made in two weeks of filed in premium.

[nbk1976]

One last piece of useful info now that I am done venting, per Charlie, EB2 and EB3 India would move at least as much in June as they did in May bulletin, possibly more. In July, they may or may not move as much depending on other demand, but likely will.

Why doesn't USCIS come out and talk and take questions the way Oppenheim does? Even though this is very useful, it gives us (AOS folks) no clarity on what our fates will be this year.

[android09]

Saw someone had posted some notes from Charlie's conversation on another site that I follow. Ofcourse the video is available:

------
Joined a bit late to Charlie's meeting. Took some notes.

Lot of idiotic questions about USCIS to Charlie.

Q. How you determine how much the dates move for EB2 and 3 for China and India.
A. Section 202 A5, Eb2 china FAD is Dec 1, 2016. Eb2 India FAD is Aug 1, 2010 so any unused EB2 numbers will go to India.

Q. Do you expect the September Final Action Dates will surpass the application filing dates that were listed in Oct 2020
A. With the exception of EB3 India, and China EB5...the answer is Yes, by Sept they will surpass the filing dates. It is important to remember the Filing dates were what was expected in Sept 2021, some of those dates have already surpassed and will continue to do so.

Q. What are the chances the June 2017 PD will move in this Fiscal year
A. On the employment side, there will be VERY AGGRESIVE movement except China EB5 and EB3 India.

Q. What are the chances of the EB Final Action Dates reaching Filing Dates ?
A. Those application dates should reach by Sept, most have reached or have far exceeded. he went to to say about dates he may have changed. Something about 8-12 months to meet.

Q. Do you expect any retrogression for EB2/3 India ?
A. Definite NO. the FAD will be the minimum that will be going to the month of sept. I expect dates will continue to move forward for the remainder of the year.

Q. How many visas will spill over from Eb4 and EB5 to EB1/2
A It is likely the EB4 limit will be reached. Any unused will move up to EB1 as would EB5 preference number. The combination of the two is atleast 10,000 to fall upt to EB1. the EB1 is current for all countries now, so if we do not have sufficient demand to use the first preference limit, those ununsed EB1 will fall to EB2 and that has already started to happen.

Q. Will Indians get the majority of the EB green cards?
A. Important to remember section 202 A5 of the Immigration & Nationality Act. The numbers can be made strictly in priority date order without looking at per country limit. It does appear that will be the case going forward.


Q. Why isnt EB2 India date moving as aggresively ?
A. Although we do expect the otherwise unused EB2 numbers to be used this year. There could be a potential need for those numbers for other countries through the remainder of the year. I will move EB2 India aggresively for June and July but will be careful and want to ensure there will be numbers for other countries for their country quota.

Q. Do you expect all of the FY 2021 EB Visa numbers to be used.
A. USCIS processed over 90% of the numbers last year. This years numbers are 68% higher than last year's numbers. Therefore we believe it is somewhat unrealistic not to expect tens of thousands of unused numbers despite everyone's efforts (MASSIVE WASTAGE COMING)....

Q. How many visas has been used so far for EB2?
We do not provide the numbers. Every effort is made to maximize numbers across the categories and USCIS is doing a great job.

Q. EB3 India moved by 5 months for EB3 India, Do you anticipate such movement for June and July as well.
A Yes, we will be moving aggresively not just for EB3 India but other categories as well for June. Perhaps much more than what we did for may 2021. For july the pace may slow down a little but I think it is unlikely.

Q. Online status shows processing of EB green cards is slow. You said it will skyrocket.
A. I'm optimistic that USCIS will maximize the operations and every effort is being made to maximize the numbers used. Given the fact the 2021 employment limit is 68% higher, it is unrealistic to expect all numbers are used(Wastage)

Q. Why is it so hard to release the bulletin the same day every month.
A. Attempt is to make the determination of each upcoming month on or about the 8th of the month. Once we have made the determination of the dates and prepared the visa bulletin and prepared the cable to consular posts, that information has to be cleared by other individuals who have schedules etc. Every attempt is madde to get the clearance made quick. The bulletin has been coming out earlier than it has been.

Q. What happens to the FB 122,000 that is not used up by the EB category by the end of the Financial Year 2021 ?
A. The approx unused FB visas amounting to 122,000 were added to EB categoery(262,000) for FY 2021. If they are not used this year by EB, then they will fall across for FY2022 Family limit. Based on past usage, we dont think it will impact Family based numbers.

Q. Are we going to waive interview requests for EB ?
A. Not aware of interviews being waived(Thats a USCIS requirement not DoS. Bad question)

Q. Do we know how USCIS is processing cases.
A. They are aggresively processing all available cases. Ask USCIS.

[gcneebondha]

My priority date is June 19 2013. Filed my I-485/AoS in Nov'2020, currently EB2 and EB3 I-140 are still pending with my current employer.Even with plausible wastage that CO pointed out today, is it expected to hit FAD by this Sep '21?

Thx

[abcx13]

Interesting question from a user from trackitt. Or may be i am just being a noob :)

When is the visa number available considered to be used? FAD moving to a date X means that they have enough visa's available for allocation in a particular category until that date. Lets say 5000 visas to cover folks until 1-Feb-2011 in EB3 in May 2021 Bulletin. Does that mean that all folks 'current' would get a visa number allocated irrespective of when actually a green card is issued (8-12 months down the line)?

Also, if 1000 downgrades kick in during this one month window then how do they get visa numbers allocated? I assume that priority dates play a role meaning original non-downgrade folks towards the later part (ex: end of Jan 2011) might not get visa allotment due to downgrade folks with PD in early to mid Jan 2011.

Anyone knows?

I don't know but am also curious. Does anyone else know? If USCISC has pre-adjudicated I-485s, could they consider a visa number as used even if the card isn't processed or produced? What if they have 485s that are not pre-adjudicated but have been filed? Could they provisionally use a visa number?

[ak7419]

I don't know but am also curious. Does anyone else know? If USCISC has pre-adjudicated I-485s, could they consider a visa number as used even if the card isn't processed or produced? What if they have 485s that are not pre-adjudicated but have been filed? Could they provisionally use a visa number?

As far as I know they assign or use a visa number only when your "file" is complete including unexpired medicals at the time of adjudication. I suggest that you watch today's Chat with Charlie where he explained how and at what point a visa number issued.

[inspired_p]

Caught the Charlie Chat, he is already preparing everyone that tens of thousands of visas may go unused because the numbers available are so large. He also said he is not moving dates aggressively because he wants "plenty" of numbers available for ROW should there be demand or something to that effect. He was also tirelessly praising USCIS for working really hard and for having processed 90% of 2020 numbers despite the pandemic. They also took a question on why India gets so many more EB visas than others and he explained that there is 7% limit so that no country "monopolizes" the visas but the law provides blah blah blah. He also said most FADs will reach filing dates listed in Oct bulletin by september except EB3 India and one other category not relevant to India. Reading the tea leaves from those tstatements, I believe USCIS is preparing to waste as many visas as they fancy. It is my firm believe that backlogged EB India community should organize and lobby as hard as possible with the Biden administration to ensure that all available visas for this and next financial year are used. This is a much easier lift, almost a low hanging fruit compared to getting any legislation passed, including the country cap removal legislations. I do not understand why the fanatic country cap removal proponents are sitting quietly and twidding their thumbs when the least amount of activity would bear the most fruit. It would also make the country cap removal easier considering the smaller the gap between India and China and ROW, the lesser the drag on others getting their GCs because of country cap rempoval. Am I missing something here? Or, are the so called grass roots activists of EB backlog just in it for fund raising and trolling the hapless community.

Wastage is inevitable. Even with Wastage ; there should be no retrogression and next year India should keep getting more spillover from FB

[nbk1976]

I don't know but am also curious. Does anyone else know? If USCISC has pre-adjudicated I-485s, could they consider a visa number as used even if the card isn't processed or produced? What if they have 485s that are not pre-adjudicated but have been filed? Could they provisionally use a visa number?

That was what I felt the USCIS should do. If they cared about the immigrants (which they don't), they would at once allocate a visa number to preadjudicated applications that have been sitting for 10+ years and issue "conditional green cards" with a 1 or 2-year validity and then process the medical, Supp-J, etc., RFEs as they come in. They do conditional green cards all the time for marriage-based and investment-based immigrants.

[Palver]

FYI - USCIS have published performance data for Q1 2020 - https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2021_qtr1.pdf

[rocketfast]

FYI - USCIS have published performance data for Q1 2020 - https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2021_qtr1.pdf

Thanks. This closely tracks Trackitt multiplier of 10 for approved cases (same as last year). So, right now, they have approved a little over 50k cases.

[korlakunta08]

@nbk 1976 your priority date is 2/10/2010?

[idliman]

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.
Do a medical exam and the doctor will provide you a sealed envelope. G-325A is a one page form (biographic form). That is very easy. Just make sure that you fill every detail (including the last address in India). Sign G-325A, make a cover letter and send it to USCIS along with the barcode sheet they have provided. This is litterally a robbery by the law firm to charge $1600 for G-325A and a cover letter (some firms might have a flat rate for all RFEs). Good Luck.

[nbk1976]

@nbk 1976 your priority date is 2/10/2010?

Yes, other details are in my signature.

[korlakunta08]

My PD is 2010/02/13 that is the reason I am asking waiting for RFE

[newsletter1978]

hello friends, i submitted my i485 back in oct 29 2020. my priority date is eb2 oct 2009. my finger prints were taken on march 31. its been almost six months now. not received EAD/AP. how long does it take for EAD/AP and green card. any one in the same boat or recently received? my application starts with msc.

[skpanda]

hello friends, i submitted my i485 back in oct 29 2020. my priority date is eb2 oct 2009. my finger prints were taken on march 31. its been almost six months now. not received EAD/AP. how long does it take for EAD/AP and green card. any one in the same boat or recently received? my application starts with msc.

Same situation except PD is Dec 2010. Finger prints 8th April.

[jackryan041815]

hello friends, i submitted my i485 back in oct 29 2020. my priority date is eb2 oct 2009. my finger prints were taken on march 31. its been almost six months now. not received EAD/AP. how long does it take for EAD/AP and green card. any one in the same boat or recently received? my application starts with msc.

finger prints taken march 16th, no EAD/AP. Application filed October 26th

[nbk1976]

hello friends, i submitted my i485 back in oct 29 2020. my priority date is eb2 oct 2009. my finger prints were taken on march 31. its been almost six months now. not received EAD/AP. how long does it take for EAD/AP and green card. any one in the same boat or recently received? my application starts with msc.

Just curious: why did you not file your I-485 way back in 2012 when the priority dates advanced considerably before again retrogressing?

[dexter2010]

I have always wondered and get frustrated at the lack of technology adoption at USCIS. In the current age, it is unacceptable and unforgivable what USCIS puts applicants through. However, I came across this article that shows the efforts USCIS has been putting in to digitize their systems. This celery goes to show that the leadership at the top is so bad that the organization just can’t move forward.

https://slate.com/technology/2021/04/elis-uscis-digital-immigration-system.html

[newsletter1978]

Just curious: why did you not file your I-485 way back in 2012 when the priority dates advanced considerably before again retrogressing?

i was in eb3 cat at that time.

[maverick2010]

Just would like to know what experts think:

Is there any chance of FAD retrogression for EB2/3 India later this FY? If at all that happens, how many months of regression is a possibility?

Thank you!

[idliman]

Just would like to know what experts think:

Is there any chance of FAD retrogression for EB2/3 India later this FY? If at all that happens, how many months of regression is a possibility?

Thank you!
There is no chance of retrogression. USCIS does not have the capacity to process the available GCs in the immediate future. They will end up wasting some amount of GCs. So this prevents retrogression till end of next year (OCt 2022).

If the spillover from FB to EB is stopped using a new law then you can think of retrogression. That can happen in the next year starting Oct 2021.

[h1bh1bh1b]

i was in eb3 cat at that time.
Upgrading to eb2 does not mean , moving from eb3. In fact you are standing in both lines. I was in the same situation. Upgraded to eb2 but when eb3 became current, applied for ead through eb3 and got my green card. I assume you changed jobs and couldn?t do it

[superuser]

Visitor Visa and Public Charge Related Question

I had to admit my mother for covid related treatment while she is on visitor visa. I have cashless insurance taken for her and it seems that insurance company has processed some of the claims and big claims haven't been processed yet. I am hoping that they get processed too but in case if they don't, I wanted to know the implication on her future travel and green card process (If I get green card and become citizen one day), if the rest of the bills are not processed and we are unable to pay that too.

P.S. : I tried to find to create a new forum/post but gave up after 10m or so. Please help move this to appropriate thread. Thank you.

[Mgajsk]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

[peterpan]

Visitor Visa and Public Charge Related Question

I had to admit my mother for covid related treatment while she is on visitor visa. I have cashless insurance taken for her and it seems that insurance company has processed some of the claims and big claims haven't been processed yet. I am hoping that they get processed too but in case if they don't, I wanted to know the implication on her future travel and green card process (If I get green card and become citizen one day), if the rest of the bills are not processed and we are unable to pay that too.

P.S. : I tried to find to create a new forum/post but gave up after 10m or so. Please help move this to appropriate thread. Thank you.

As long as you don't sign any personal responsibility financial obligation forms you should not worry about anything. The insurance company will most probably try to not pay some of the claims saying it is a pre-existing condition. If so, the hospital and visiting doctors will send the bills to your home on you Mother's name. Some of them will be willing to accept nominal monthly amount to settle the bill. Others will send it to collection. Your mother's future travel will not be affected due to this issue (based on current rules)

[shaks2020]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

AFAIK once you use your EAD for work you will no longer be in H1B status and consequently your spouse's H4 EAD will be invalidated.

[Mgajsk]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated


AFAIK once you use your EAD for work you will no longer be in H1B status and consequently your spouse's H4 EAD will be invalidated.

Thank you. I have read that you can keep your h1B valid and also work on W2 using the EAD. Hopefully folks with similar experiences can comment.

[vedu]

Thank you. I have read that you can keep your h1B valid and also work on W2 using the EAD. Hopefully folks with similar experiences can comment.

Let's assume for the sake of argument, that H1B remains valid even after one uses EAD. But in your case, your H1B will be invalidated not because you will switch to EAD, but because you will be no longer working with the employer with whom your current H1-B is valid. If you leave the employer who sponsored your H1B without transferring it to the new employer, then it will be invalidated.

If you continue to work for the same employer and accept some other work on the sideline using your EAD, then that will be a whole other discussion.

[idliman]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread (https://www.qesehmk.org/forums/forumdisplay.php/37-EAD-(Emp-Authorization-Document)) for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD). See that thread for all the law points (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD?p=70086&viewfull=1#post70086). Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottomline is browse that thread and comeup with your own undestanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.

[iamdeb]

As per Charlie's , the filing date for EB2I will be moved in the upcoming bulletins...Will USCIS accept the Filing Dates when that happens, or will USCIS accept only Final Action Date till Sep 2021.
Will appreciate any feedback from the gurus on this. Thanks!

[android09]

As per Charlie's , the filing date for EB2I will be moved in the upcoming bulletins...Will USCIS accept the Filing Dates when that happens, or will USCIS accept only Final Action Date till Sep 2021.
Will appreciate any feedback from the gurus on this. Thanks!

No, it?s not the filing date that will be moved but the Final Action Date that will be moved so that by the October 2021 visa bulletin that comes out in Sept, it matches the filing date that was set last year of MAY-15-2011 for EB2 and JAN-1-2014 for EB3. The filing date will potentially be moved only at the start of the next financial year or Oct 2021. The USCIS chooses which of the 2 dates to honor for each bulletin. For FY 2021, As long as Final Action Date is less than Filing date, they will use it... however as the final action dates continue to move and reach the filing dates, it will make little difference.

[delorean_doc]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

[incredible]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

Finger prints and FAD current has no relation. Finger prints are taken after 485 is applied so that they can issue EAD/AP etc. But that being said, you will see a variety of cases from TSC. Some have gotten EAD's already and some have taken finger prints but waiting for EAD (both not current in FAD) and some are current in FAD but nothing happened to them. I guess you may need to wait patiently till you get EAD/AP etc. and also hope to get current in the next couple of months. If you have no issues at work, just forget about this for few months and you may be pleasantly surprised to see a GC in your hand before the end of this fiscal.

[maverick2010]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

You should soon be getting appointment for bio-metrics. Once that is done, things will start moving little better.

[cciedata11]

You should soon be getting appointment for bio-metrics. Once that is done, things will start moving little better.

Same here for me, Application submission date 10-29-2020. receipt received date 15-1-2021. still waiting for fingerprinting appointment.
My case Eb2- to Eb3 downgrade priority date July 2013. I-140 downgrade still pending.

[Mgajsk]

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread (https://www.qesehmk.org/forums/forumdisplay.php/37-EAD-(Emp-Authorization-Document)) for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD). See that thread for all the law points (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD?p=70086&viewfull=1#post70086). Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottom line is browse that thread and come up with your own understanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.


Thanks @idliman . Really tons of valid information in those threads there.
It looks like , if one want to keep spouse's h4ead valid , they should continue being employed by the h1B employer.
one can also accept a new employment on EAD simultaneously . Spouse 765 update says fingerprints applied, hopefully the approval comes soon .

[maverick2010]

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread (https://www.qesehmk.org/forums/forumdisplay.php/37-EAD-(Emp-Authorization-Document)) for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD). See that thread for all the law points (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD?p=70086&viewfull=1#post70086). Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottomline is browse that thread and comeup with your own undestanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.

Wow - what a wonderful thread. You guys rock!

[maverick2010]

There is no chance of retrogression. USCIS does not have the capacity to process the available GCs in the immediate future. They will end up wasting some amount of GCs. So this prevents retrogression till end of next year (OCt 2022).

If the spillover from FB to EB is stopped using a new law then you can think of retrogression. That can happen in the next year starting Oct 2021.

Thanks Idliman! :o

[gkjppp]

Hi folks,

Today I saw a weird I-140 RFE for me along with I-485 RFE. My 140 was approved in April 2011. As my PD is current starting April 1st it makes sense to expect RFE for medicals/I-485J etc. But not sure why on I-140. Please if anyone got something like me update me on that. I moved my jobs twice and filed both times AC21 and I-485J. Any thoughts? I am kind of tensed.

[idliman]

Hi folks,

Today I saw a weird I-140 RFE for me along with I-485 RFE. My 140 was approved in April 2011. As my PD is current starting April 1st it makes sense to expect RFE for medicals/I-485J etc. But not sure why on I-140. Please if anyone got something like me update me on that. I moved my jobs twice and filed both times AC21 and I-485J. Any thoughts? I am kind of tensed.
An I-140 RFE after approval is unheard of. Most likely USCIS will issue a NOID or NOIR if it identifies fraud or agency error. When an I-140 has been approved and AOS is pending for 180 days or more, the I-140 will not be automatically revoked even if the previous employer (petitioner) withdraws it or the business terminates. The petition still remains valid unless revoked for other grounds such as fraud or misrepresentation. As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.

In my opinion, there are only two possibilities based your description.

Revocation for Cause (Complicated Situation). USCIS is acting outside the law when it is issuing NOIR on a withdrawin I-140 after 180 days of pending I-1485. You will lose AC21 benefits. It is unlawful by USCIS, but then USCIS / DOJ will come with Section 205 of INA. You will have to hire a top gun attorney firm for this. This is a rare case. But good news for you is that it is a RFE and not a NOIR or NOID. So skip to item 2.
It is a RFE for confirmation of Bonafide job offer. You need to show that you are eligible for AOS under 204(J). You will submit an updated I-485 Supp-J.


Hope this helps. Good Luck.

[gkjppp]

An I-140 RFE after approval is unheard of. Most likely USCIS will issue a NOID or NOIR if it identifies fraud or agency error. When an I-140 has been approved and AOS is pending for 180 days or more, the I-140 will not be automatically revoked even if the previous employer (petitioner) withdraws it or the business terminates. The petition still remains valid unless revoked for other grounds such as fraud or misrepresentation. As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.

In my opinion, there are only two possibilities based your description.

Revocation for Cause (Complicated Situation). USCIS is acting outside the law when it is issuing NOIR on a withdrawin I-140 after 180 days of pending I-1485. You will lose AC21 benefits. It is unlawful by USCIS, but then USCIS / DOJ will come with Section 205 of INA. You will have to hire a top gun attorney firm for this. This is a rare case. But good news for you is that it is a RFE and not a NOIR or NOID. So skip to item 2.
It is a RFE for confirmation of the Bonafide job offer. You need to show that you are eligible for AOS under 204(J). You will submit an updated I-485 Supp-J.


Hope this helps. Good Luck.

Thanks, Idliman. Hoping for the best.

[delorean_doc]

Thanks @incredible and @maverick2010 for your responses; I appreciate it. Your suggestions are very valid....will just wait it out for the next few months and wait for that pleasant surprise 😀

[gc_dedo]

As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.



If I-485 was filed based on previous employer's I-140 and SuppJ, how does AC21 protection work?

[incredible]

If I-485 was filed based on previous employer's I-140 and SuppJ, how does AC21 protection work?

AC21 provisions kick in as soon as you cross 180 days with the employer who originally filed 140 and 485 (180 days from the filing of 485). After that there are no other restrictions moving from employer 2 to employer 3 etc. as long as you are able to support with supplement J. Supplement J can be filed proactively or filed when USCIS asks for it through an RFE.

[gkjppp]

AC21 provisions kick in as soon as you cross 180 days with the employer who originally filed 140 and 485 (180 days from the filing of 485). After that there are no other restrictions moving from employer 2 to employer 3 etc. as long as you are able to support with supplement J. Supplement J can be filed proactively or filed when USCIS asks for it through an RFE.

I filed proactively I-485J, it was filed on last October, and received a receipt. Yesterday RFE on I-140 after 10 years. I guess training issues everywhere !!!

[srisri]

Hi folks,

Today I saw a weird I-140 RFE for me along with I-485 RFE. My 140 was approved in April 2011. As my PD is current starting April 1st it makes sense to expect RFE for medicals/I-485J etc. But not sure why on I-140. Please if anyone got something like me update me on that. I moved my jobs twice and filed both times AC21 and I-485J. Any thoughts? I am kind of tensed.

One of my colleague received RFE on I-140, but never received the actual RFE, my colleagues previous employer was co operative and raised an SR, it turned out to be a false alert. But it was tough on my colleague.

Hope yours turn out to be a false alert..

[moonlight]

I am summarizing my case and would like to know experts' advice on what are the risks?

My Priority Date: EB2 Feb 2011
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
Medical RFE received: Feb 19, 2021
Medical RFE response submission: March 10, 2021
H1B Transfer for full time filed: April 16, 2021
H1B Transfer for full time approved: April 23, 2021
My expected joining date in new company : May 03, 2021

I have not filed 485J with new company. Though I am pretty close to joining, do I need to consider anything? Just thinking if I am messing up anything with the immigration situation after 14 years of stay in this country.

[gkjppp]

One of my colleague received RFE on I-140, but never received the actual RFE, my colleagues previous employer was co operative and raised an SR, it turned out to be a false alert. But it was tough on my colleague.

Hope yours turn out to be a false alert..

that's interesting. Thanks for the information srisri

[incredible]

I am summarizing my case and would like to know experts' advice on what are the risks?

My Priority Date: EB2 Feb 2011
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
Medical RFE received: Feb 19, 2021
Medical RFE response submission: March 10, 2021
H1B Transfer for full time filed: April 16, 2021
H1B Transfer for full time approved: April 23, 2021
My expected joining date in new company : May 03, 2021

I have not filed 485J with new company. Though I am pretty close to joining, do I need to consider anything? Just thinking if I am messing up anything with the immigration situation after 14 years of stay in this country.

You have both options. Either to file 485 J proactively or wait for 485J RFE. Who knows, may be you will not even receive an RFE and if the FAD moves, may get greened this fiscal. But, I would prepare to file supplement J as it would speedup your process, once FAD becomes current for you.

[Transformer]

You have both options. Either to file 485 J proactively or wait for 485J RFE. Who knows, may be you will not even receive an RFE and if the FAD moves, may get greened this fiscal. But, I would prepare to file supplement J as it would speedup your process, once FAD becomes current for you.

Hi Incredible, I have one question. Lets say he didn't file 485J and he gets GC. Does that mean in USCIS records he is still with the old employer and they expect him to be working for the old employer for a while after getting GC or it doesn't matter?

[incredible]

Hi Incredible, I have one question. Lets say he didn't file 485J and he gets GC. Does that mean in USCIS records he is still with the old employer and they expect him to be working for the old employer for a while after getting GC or it doesn't matter?

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

[incredible]

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

Just to explain further, when I gotten RFE 3 months back, I explained to my own attorney that I may move and how should I proceed. His advice was that work on what I have at that time and not what I may have in future. I just followed it.

[Turbulent_Dragonfly]

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

[incredible]

I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

[Transformer]

You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

[incredible]

Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

Yes. He still has the chance to make sure submit the supplement J. Proactive Supplement J only helps in this situation since it might trigger an RFE when the date becomes current. Most sought after is the RFE these days with an uncertain way approving by USCIS.

[username1]

Non-prediction question! Please move to a different category if needed. What would be the effect of Travel restrictions from India to US on people with Advance Parole?

[newsletter1978]

finger prints taken march 16th, no EAD/AP. Application filed October 26th

just curious, did you downgrade to eb3 with your i485 application.

[march1612]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

[ak7419]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?
What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

[incredible]

What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

In any case, since the date has been current for 60 days, it may be worth raising a SR

[nbk1976]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

If you did you are likely to only get a standard response. I would wait at least 90 days. Raise an SR in July or ask your local/state politician to help if there is no change in status. An RFE is a good indicator that your file is being looked at for adjudication.

I became current in April too. That is what I am going to do.

[rsnake]

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/status/1389512345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

[newyorker123]

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/status/1389512345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

This is amazing news; but I guess this is not confirmed yet. Is it ?

[rsnake]

Jonathan Wasden is the main attorney in the H4 EAD lawsuit brought by AILA, and Greg Siskind retweeted him, so I would say it's definitely coming from USCIS, so it's confirmed unless they walk it back because of some issues implementing it.

[nbk1976]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

[idliman]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.
Congratulations. Now the ball is in your court. Good Luck.

[ak7419]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

don't you feel like you just won lottery? :-)

[vedu]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

[amey111]

Congratulations on the new job! I am in a similar boat:

Priority date: Oct 2012
I-485 applied on Oct 9, 2020
EAD and AP approved and card received (1 year validity)
I-140 downgrade to EB3 applied on Oct 9, 2020 and approved on Apr 28, 2021
New job offer received - plan to switch using EAD (no H1B sponsorship to transfer)

I spoke to an attorney regarding process to change jobs and this is the synopsis:

Documents needed when final action date (FAD) becomes current or receives an RFE or to file for I-485j:
• ETA-9089 PERM
• I485 receipt notice
• I140 approval notice - EB2 and EB3 (Email pdf is sufficient)

Requirements to change job:
• I-140 approved and past 180 days since application
• Past 180 days since I-485 application
• New job should have more wages than mentioned on PERM
• New job code should be able to justify same SOC code as PERM on I-485j form
• After moving to new employer file I-485j proactively. File that on your own (no attorney needed), but employer needs to complete pages 2,3 6 and 7

Risks to switch job:
• Perfectly ok to switch jobs, and there are no significant risks to changing jobs as along as above requirements are met
• Worst case scenario is I-485j denied and your green card application is rejected. Attorney has never seen that happen.

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.

[ak7419]

Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

[beagle]

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

Expand Special Instructions and please read When to File Supplement J section.



If you are requesting job portability to a new, permanent job offer under INA section 204(j), you may file Supplement J only after:

You have properly filed a Form I-485 based on an approved or pending Form I-140 that names you as the principal beneficiary;

The Form I-485 has been pending with USCIS for 180 days or more since the receipt date; and

You have received:
A new, permanent job offer from a U.S. employer that is in the same or similar occupational classification as the job offered to you in the original Form I-140, and you would like to request that we use the new job offer when making a decision on your Form I-485; or

An RFE or a NOID from USCIS regarding your pending Form I-485 that asks for confirmation that the job offered to you in the Form I-140 or a previously filed Supplement J is still available to you; or

A NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the Form I-140 filed for you, or the petitioner of your Form I-140 has gone out of business.


Its better to file I-485J whenever you change jobs after filing I-485 and thats how I interpret this rule. There is no defined timeline. From what you've described, you are not doing anything illegal and following AC21 to the dot. So why be scared about filing I-485J proactively ? If you get an RFE later near your FAD period, send it again without worrying about anything.

[vedu]

thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

You will get it soon. Everybody gets their day in the sun! But man, it is a special feeling! It comes in a special gold color, as if indicating start of your golden days soon!:)

[rsnake]

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.

In your case I would say proactively file your I-485J. The reason being that in case you get your green card without an RFE for I-485J, it may become an issue when you file for naturalization as a citizen when they see that you did not work for the company that filed your green card application after getting it. Check the Murthy link below.

https://www.murthy.com/2019/07/29/changing-employers-after-receiving-employment-based-green-card/

Now some advise that it's not advisable to file it pro-actively as it may delay your application, but that advice is good only for people who are guaranteed to get an RFE for it anyway, like the people that filed in 2012. They don't risk the above situation because they will simply reply with the new company's I-485J when they get the RFE for it while recent filers like you may never get the chance to do so.

[amey111]

Thank you so much!

[jackbrown_890]

Thank you Q. And yes, it has been over a decade.

[rsnake]

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

[maverick2010]

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

There is no online status called "Bio-metric Appointment letter Sent" - that's why one don't see any change in online status until actual fingerprints are taken.

You are right about USCIS account online alerts - it is not working as intended. My status got changed couple of times in last month but I haven't received any email or text alert that I have signed up for.

[mcmilers]

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

[Turbulent_Dragonfly]

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.

[mcmilers]

Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.
The attorney's office is going to call USCIS to try to sort this out. let see what happens!

[Sebiswaiting]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

[vsivarama]

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?


Short answer is Yes if downgrade is a possibility. If I were in your boat, I would not move till I have applied for AOS and completed 180 days. Of course that's just my opinion and there will be many who will disagree with me in this thread as it's left to your discretion to act on it. As far as good opportunities are concerned, I feel like I am getting better offers after completing 180 days. The field opens up for you even more on EAD. However if you feel that you cannot continue in your current role because of toxic work environment then it's a different issue.

[newyorker123]

Prediction and suggestion :

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

If you must change jobs, an important thing is to get in writing (if possible) that PERM will be initiated as soon as possible.
Biden Admin is definitely improving things (for example: H4 biometric stop). If the existing preposterous times of PWD and PERM processing improve, it will be good for people who change jobs. However that is a big "If".
I would have got EAD if I did not change jobs. I repent about it frequently. As some solace, my existing job is way better than the old one.

[idliman]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.
Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

[incredible]

Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

Great reply Idliman. But there is another option too. Go to new company but be in good terms with current organization and if the dates move (for FAD) in October, or later this year, move back to current company and file 485 and wait for EAD/AP. I know it is difficult, but this is exactly what I did back in 2012. I moved from the GC sponsoring company in 2011 May to a new company, but kept good relations with GC sponsoring company. As soon as dates started moving in Feb 2012, moving to the original company back and filed 485. Got EAD/AP, worked there for a year and then finally left for good in 2013 May for a completely different and new opportunity. I could say the second time opportunity in 2013 was far better than what I got and moved first time in 2011. So my only request would be, follow the career and make changes if and when the reality of filing 485 is there.

[waiting-forever]

Hello Everyone, I am an EB2, 2012 filler with Feb 2010 PD Texas Center and a long-time follower of this forum but a first-time poster. I got the RFE on the first week of April for Medical and supp-j. RFE response was received by USCIS on Monday, May 3rd, and the status also updated online. Anyone has any recent experience on that how long does it take to get the decision after USCIS has received the RFE response?

[Transformer]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

Since your wife's PD is Dec 2014, I assume her company didn't agree for a downgrade. So even if she continue there, no option for her to downgrade if EB3 PD is current again in October. There is a 30-50% chance that her PD might current in filing date in EB2 come October. No one can tell you for sure, it's a gamble you have to take. If your wife decides to move on and take the new offer, then put pressure on the new company to start the PERM process ASAP and since both your PDs are only 6 months apart, definitely choose EB3 for one of you.

[Palver]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

3 Scenarios
1) Dates move beyond your PD and stay there - The only thing you'd lose by moving to a new job is a (bounded) delay in getting a green card
2) Dates never move beyond your PD - You did not gain or lose by taking up the new job, from a green card POV
3) Dates move forward when your PERM is not approved and dates retrogress when PERM is approved - You are worse off by moving to the new job.
1) and 2) together are way more likely in my opinion than 3).
I am in a similar situation and have almost convinced myself to accept a new position. My PD is Sep-2012. My probabilities for the scenarios are a little different than yours but still the relationship between 1),2) and 3) is similar

[RVSree]

USCIS has approved my EAD/AP application, but not for family members. Presently, our H1/H4 visas are valid until Oct-2021. I have a potential job offer, and the employer is open to hire me on either EAD or H1-B transfer.

Assuming that I am joining with EAD, will my family lose their H4 status as the EAD is likely to invalidate my H1-B status immediately?

Are there any other options available apart from pursuing H1-B transfer to avoid this situation ?

[greenjpr]

Hello All.. I am a silent observer here.. Just wanted to share my status..

My Priority Date: EB2 June-2010
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
EAD Approved: Jan 08, 2021
Medical RFE received: 05/07/2021
Medical RFE response submission: Pending

I am kind of surprised with my RFE [ June 2010 PD] ..Hopefully it is a good news for others also.

[Transformer]

USCIS has approved my EAD/AP application, but not for family members. Presently, our H1/H4 visas are valid until Oct-2021. I have a potential job offer, and the employer is open to hire me on either EAD or H1-B transfer.

Assuming that I am joining with EAD, will my family lose their H4 status as the EAD is likely to invalidate my H1-B status immediately?

Are there any other options available apart from pursuing H1-B transfer to avoid this situation ?

When you move to GC EAD then your status changes from H1 to AOS pending and similarly your spouse status changes from H4 to AOS pending. This is not an issue unless your spouse is currently working on H4 EAD or you have aging out kids.

[Sebiswaiting]

Thank you Incredible, Idli , Siva, palver, transformer.
All of you made so many great points and this makes it much easier for us to decide.
As you rightly said her current org doesn't allow downgrade. She will negotiate for early/immediate starting of GC proCess, this negotiation result along with all your comments will play a big role in final decision.

I am already 1 month in new job, so I will start following up in another 1.5 months so the process doesn't get delayed .

I must repeat what so many have already said- this forum has so many wonderful minds and helpful hearts.



3 Scenarios
1) Dates move beyond your PD and stay there - The only thing you'd lose by moving to a new job is a (bounded) delay in getting a green card
2) Dates never move beyond your PD - You did not gain or lose by taking up the new job, from a green card POV
3) Dates move forward when your PERM is not approved and dates retrogress when PERM is approved - You are worse off by moving to the new job.
1) and 2) together are way more likely in my opinion than 3).
I am in a similar situation and have almost convinced myself to accept a new position. My PD is Sep-2012. My probabilities for the scenarios are a little different than yours but still the relationship between 1),2) and 3) is similar

[gc_dedo]

Guys,
Any idea if it's possible to change from EB2 to EB3 when AOS is pending? My attorney says that it's fine to downgrade (simultaneously) while filing I-485, as PD is not used. But once you have filed I-485 in EB2 and later try to change to EB3, she is not so sure.

[Transformer]

Guys,
Any idea if it's possible to change from EB2 to EB3 when AOS is pending? My attorney says that it's fine to downgrade (simultaneously) while filing I-485, as PD is not used. But once you have filed I-485 in EB2 and later try to change to EB3, she is not so sure.
You can file for EB3 140 and after it is approved you can interfile to EB3. But why you want to do that? If you already filed in EB2 then your PD is before May 2011, then you better of staying there to get GC faster.

[beagle]

The underlying basis for your I-485 is your original I-140. You can've more than one underlying basis to support your I-485 application. So when you concurrently file I-485 and downgrade, you are adding a new basis.

Before downgrade:

I-485 <== I-140 (EB2)

After downgrade and concurrent filing:

I-485 <== I-140 (EB2) + I-140 (EB3)

So by interfiling, you are essentially picking EB2 or EB3 based on how FAD moves for the respective categories as long as you've not used the EAD/AP card. So you've to maintain H1B status to avail the benefit of interfiling. In my above example, you can add I-140 (EB-3) anytime. When done during concurrent filing, you are getting things done in one shot saving you headaches from the already awful immigration process. Now when you add a I-140 after filing I-485, it goes through the same process. Now USCIS will review your original PERM which is common for both the original EB2 and the new EB3. If you are unlucky, USCIS might even audit the original PERM and cause more havoc. Its the risk associated with any downgrade process. If you changed employers or promotion, then downgrade becomes a long process as you've to start from a new PERM and can't reuse the original PERM.

Now, what is amendment ?

http://blog.cyrusmehta.com/2020/09/downgrading-from-eb-2-to-eb-3-under-the-october-2020-visa-bulletin.html

Please read the above

Before downgrade:

I-485 <== I-140 (EB2)

After downgrade:

I-485 <== I-140 (EB3)


The Neufeld Memo suggests that a new I-140 petition filed after a previously approved I-140 was filed within 180 days of the grant of the labor certification should be filed as an amendment where a new visa classification is being sought. But doing that would nullify the earlier EB-2 petition, and this may not be so desirable in case the EB-2 dates overtake the EB-3 at some point in the future.

To my limited knowledge, the second scenario of downgrade process does not make any sense. Safe thing to do is always add a new I-140 as yet another basis and not change an existing one. And all these are through memo and nothing is written down as a law. Hence its open for interpretations and all the confusion. This whole downgrade process was pioneered by Chinese folks and all my Chinese colleagues at work got their GC by downgrading and interfiling. They all added a new I-140 EB3 and didn't ammend the existing EB2. In your case, you can only add a new I-140 and can't change the existing I-140 after filing I-1485.

Also, why would you even think about downgrading now when your EB2 must be before May 2011 ? Just be patient and don't worry about EB3 racing ahead of EB2. After May 2011, its going to be a yin-yang between EB2 and EB3.

[gc_dedo]

Thanks Transformer and Beagle. Actually, my EB3 PERM was approved last week and I was not very keen to proceed with I-140 stage. I was thinking of waiting for a month or two and see how dates progress. But current employer and attorney moved quickly and prepared paperwork for I-140 stage. Current employer is not aware of my AOS pending status, because that was filed based on previous employer's I-140 (EB2).

I understand that interfile will work once new I-140 is approved. But my attorney is not sure whether USCIS will allow porting old EB2 PD, because that PD is already used for AOS. If new I-140 has new PD of 2020, there is absolutely no point.

[srisri]

Finally there is a status update after Feb 17 2012, I received a RFE, surprisingly it says Job offer letter and no mention of I-485 J. Sent it to HR and they forwarded it to attorneys. I don?t know if I should go ahead and submit 485J. I am in the same job, just that my role and responsibilities are different attributable to career progression. Did anyone get a similar RFE? And what do you guys recommend, should I file offer letter or 485J?

[rsnake]

Finally there is a status update after Feb 17 2012, I received a RFE, surprisingly it says Job offer letter and no mention of I-485 J. Sent it to HR and they forwarded it to attorneys. I don?t know if I should go ahead and submit 485J. I am in the same job, just that my role and responsibilities are different attributable to career progression. Did anyone get a similar RFE? And what do you guys recommend, should I file offer letter or 485J?

If I were you I would submit both. Both of those forms aren't hard to fill

[srisri]

If I were you I would submit both. Both of those forms aren't hard to fill

I would love to submit both but my HR will go based on attorneys recommendation. But it?s strange, I have not heard of people getting RFE for job offer letter in recent past.

[idliman]

Finally there is a status update after Feb 17 2012, I received a RFE, surprisingly it says Job offer letter and no mention of I-485 J. Sent it to HR and they forwarded it to attorneys. I don?t know if I should go ahead and submit 485J. I am in the same job, just that my role and responsibilities are different attributable to career progression. Did anyone get a similar RFE? And what do you guys recommend, should I file offer letter or 485J?
Nothing to be alramed off. This is a standard RFE. In older days before I-485 Supp J exististed this was called "Original Employment Verification Letter" or something like that. It is the version of AC21 letter if you had ported jobs. Basically it confirms that a) job exists and b) new position is same or similar to the position noted in the I-140 form.

Now, this process is formalized with I-485 Supp J. Go with what the attorney recommends. Most likely they will do it via I-485 Supp J. If you had ported to a new employer, please pay attention to job description. Tailor it to match closely to the PERM / I-140 job descrition, job title and SOC. You should not have any issues. Good luck.

[srisri]

Thanks Idliman, I agree it?s the same EVL that was asked prior to 485J came into being but confused why they have asked for it now as it?s standard to ask for 485J, will go by what the attorney recommends. I am in the same job and not much of a change. I changed position within the organization but have the same job mandate.

[vedu]

Thanks Idliman, I agree it?s the same EVL that was asked prior to 485J came into being but confused why they have asked for it now as it?s standard to ask for 485J, will go by what the attorney recommends. I am in the same job and not much of a change. I changed position within the organization but have the same job mandate.

Even if you decide to submit 485J, make sure to also submit what they specifically asked for, in this case, the "Job Offer Letter". Your 485J can be a secondary document. Last thing you want to get is another RFE asking for the letter because it was missing in the original response.

[srisri]

Even if you decide to submit 485J, make sure to also submit what they specifically asked for, in this case, the "Job Offer Letter". Your 485J can be a secondary document. Last thing you want to get is another RFE asking for the letter because it was missing in the original response.

Agree, if I have the opportunity to decide will certainly submit offer letter first and then 485J.

[gkjppp]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

your 485 is in pending state for more than 9 years. You can raise SR immediately. I raised my SR on Apr 19th and received RFE on Apr 27th.

[rsnake]

I would love to submit both but my HR will go based on attorneys recommendation. But it?s strange, I have not heard of people getting RFE for job offer letter in recent past.

Try to convince the attorney to submit both, saying that USCIS may have made a mistake and you may get another RFE for the other type of letter/form which will delay your GC by 2 months or more.

[idliman]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?
Open a SR with USCIS. You can call them (early morning 8AM is preferred) or raise SR online. They will open a SR for "out of normal processing time". Also in parallel, move with Congressman or Senator (https://www.qesehmk.org/forums/showthread.php/2458-Approaching-a-congressman-for-help-on-Green-Card).

Don't push too much. An on hand, off hand approach might work better. But you will get better response to Congressman or Senator inquiries.

[srisri]

Try to convince the attorney to submit both, saying that USCIS may have made a mistake and you may get another RFE for the other type of letter/form which will delay your GC by 2 months or more.
That?s the idea, not sure how much convinced they would be. According to HR and the law firm, attorneys are experts but unfortunately the attorneys I came across recently don?t even know the difference between beneficiary application and petitioner application. So little skeptical and cause of worry. But after waiting for 11.5 years it doesn?t make a difference of few more months... this is my thought process these days to keep calm and stay healthy.

Anyways, thank you all for the explanation and responses. This community is best as they help each other by sticking to discussion.

[rsnake]

Question for the gurus, in what scenarios does USCIS give an RFE for 'Proof of continued non-immigrant status from application date' ? My scenario is that I couldn't file my latest H1 copy with my I-485 because of USPS delays, and the previous H1 copy submitted with the I-485 package last year expired 2 days after it was received by the lockbox. I am now concerned that I will get that RFE which will delay my application since I already submitted my medicals etc. and not expecting any other reason for RFE. I guess the people that filed in 2012 don't get that RFE because they have had EAD all along?

Anyway it's like the DMV asking you to send a copy of your driver's license that you got from them. Why can't they look up the alien number and see the H1 approval in their systems rather than waste 2+ months with needless RFEs and waste GC numbers.

[vedu]

That?s the idea, not sure how much convinced they would be. According to HR and the law firm, attorneys are experts but unfortunately the attorneys I came across recently don?t even know the difference between beneficiary application and petitioner application. So little skeptical and cause of worry. But after waiting for 11.5 years it doesn?t make a difference of few more months... this is my thought process these days to keep calm and stay healthy.

Anyways, thank you all for the explanation and responses. This community is best as they help each other by sticking to discussion.

I fully agree with you. Attorneys are full waste of money and time. Recently I got the 485J RFE. Before talking to anybody, I completed the form myself in two hours. Only two questions I couldn't answer were the total number of employees, and the gross income. Then I approached our HR with a simple request in very plain words making it sound at trivial as possible. I told them that the USCIS wants to issue me the green card, but they just need to confirm that I still have the job. I didn't use any complicated words such as "485J", etc., etc. neither did I mention attorney, etc. in my email. I said, "I have a filled a form which I and you both need to sign. There are two missing questions you need to answer. Please sign the form and I will pick it up later today" :D The HR lady did not suspect a thing, completed the two missing pieces of information, signed it and emailed me back asking me to pick up the form.

I sent the form to USCIS with speed post, and then the USCIS sent me both, the I485J receipt notice as well as the I485J approval notice back in less than a week. It is that simple! But when you get attorneys involved, then it can easily take a couple of months in you talking to employer, employer talking to attorney, attorney talking to you, attorney communicating back with employer, etc., etc. and they add ZERO value.

[idliman]

Great job vedu. An important contribution of Q's blog is to be informed about immigration and not be fooled by the BS that is given to you. Yesterday, a friend told me that he spent 9K for I-485 packet for a primary and dependent. I had offered him to prepare and submit EAD+AP for him after getting the I-485 receipt notice. But he spent 3K paying attorney fees (for I-765 and I-131) and said this process is expensive. As he has no need for immediate I-765, he could have saved the money by applying after getting the I-485 receipt notice.

Don't be afraid to look at the USCIS forms and fill it out yourself. IMO, if you prepare I-485J, you will make better a justification. No body knows the PERM job better than you. Because it was tailor made for your skills.

The people who visit this forum are very well informed and independent folks. But there is a huge subset of folks outside, who have no clue and are willing to spend thousands of dollars for simple things that they can do themselves. A simple example is folks paying attorneys for EAD+AP renewals. If you are a so called skilled immigrant, this form is well within your skills.

[vedu]

An important contribution of Q's blog is to be informed about immigration and not be fooled by the BS that is given to you.

I can't agree with you more on this point.

I do have respect for the Civil Surgeons. First, they don't charge exorbitant fees, and second, they do provide an important service that you can't do yourself.

[incredible]

Great job vedu. An important contribution of Q's blog is to be informed about immigration and not be fooled by the BS that is given to you. Yesterday, a friend told me that he spent 9K for I-485 packet for a primary and dependent. I had offered him to prepare and submit EAD+AP for him after getting the I-485 receipt notice. But he spent 3K paying attorney fees (for I-765 and I-131) and said this process is expensive. As he has no need for immediate I-765, he could have saved the money by applying after getting the I-485 receipt notice.

Don't be afraid to look at the USCIS forms and fill it out yourself. IMO, if you prepare I-485J, you will make better a justification. No body knows the PERM job better than you. Because it was tailor made for your skills.

The people who visit this forum are very well informed and independent folks. But there is a huge subset of folks outside, who have no clue and are willing to spend thousands of dollars for simple things that they can do themselves. A simple example is folks paying attorneys for EAD+AP renewals. If you are a so called skilled immigrant, this form is well within your skills.

Hi Idliman,

While all you said is correct and true, i would not bracket people using attorneys as unskilled. I do believe it is more for the convenience and at the same time future support if an issue or question comes up from USCIS. That being said, exorbitant fees is not something we should pay for all these services. I will an example, I have had my attorney (not company, my own) attorney do EAD/AP few times in the past including 485J (twice), but always the charge has been around 300 to 500 USD for for submitting the entire packet. His paralegal used to fill out the documents and send over to me for detailed review and I just have to make sure the information is correct. As an example when the job code that the labor was filed was not there any more, I just have to make sure the new code they used was appropriate. You pay to them for their deep understanding of the law, but that being said, you pay what is just (not exorbitant). When my final RFE was responded back in Feb of this year, I used the same attorney and it was promptly submitted (as I mentioned earlier, I was in the fix of moving between companies and had few questions. He just assured me to go with what I have in hand, not what I plan for) and that prompt submission also helped in getting GC as RFER was earlier than most folks.

[idliman]

Hi Idliman,

While all you said is correct and true, i would not bracket people using attorneys as unskilled. I do believe it is more for the convenience and at the same time future support if an issue or question comes up from USCIS. That being said, exorbitant fees is not something we should pay for all these services. I will an example, I have had my attorney (not company, my own) attorney do EAD/AP few times in the past including 485J (twice), but always the charge has been around 300 to 500 USD for for submitting the entire packet. His paralegal used to fill out the documents and send over to me for detailed review and I just have to make sure the information is correct. As an example when the job code that the labor was filed was not there any more, I just have to make sure the new code they used was appropriate. You pay to them for their deep understanding of the law, but that being said, you pay what is just (not exorbitant). When my final RFE was responded back in Feb of this year, I used the same attorney and it was promptly submitted (as I mentioned earlier, I was in the fix of moving between companies and had few questions. He just assured me to go with what I have in hand, not what I plan for) and that prompt submission also helped in getting GC as RFER was earlier than most folks.
I agree incredible. I did not mean to be rude on attorneys maybe I could have worded it softly. We pay attorney's for their expertise, education and experience. One could not navigate everything without attorneys. However, most of the time these forms are prepared by paralegals and have lots of errors in them. It has to be a teamwork between the applicant and the attorney to make sure that you are represented correctly.

Most of the time the skilled folks on H1B don't have a clue on how the immigration system works. It is similar to the ignorance in tax preparation. They just think that I paid so much, so that attorney has to be good. My point is if you want to become a permanant resident or a Citizen, you cannot depend fully on the system to take you through. While it might work for some people (I can provide examples of people who never had a clue but still became Citizens because the system worked for them), most of the time there are some glitches that needs skill to navigate. I had advised two people recently while they were on H1B about the importance of getting the PERM done before 5th year. One ended up leaving country in 2 weeks abruptly without even having time to pack and sell things. My guess is she/he understood the recapturing of vacation time for H1B as another H1B extension. Another one will be leaving shortly. She/he wanted to get a better pay before going for PERM, and the clock ran out. And these people wanted to stay in the USA and become Citizens, but did not put the effort to educate themselves about immigration.

[qesehmk]

One genuine problem on lawyers side is that America has way too many lawyers. Unlike being a doctor - being a lawyer is relatively cheap and fast. So US has over supply of lawyers.

Plus - unlike doctors - the lawyers have huge disparity in what they earn. The top lawyers earn 8 figures while the not so good lawyers can earn 5 figures. It just depends. So it is easy to get scammed and be charged exorbitant for mundane services. Don't get me wrong - there are good lawyers and they play an incredibly useful role in the society. So don't mean to bash lawyers at all. Having representation is useful but sometimes difficult. I once forgo filing a patent because the legal expense was way too much and I was not sure if it was going to be useful. Later on that came back to bite me when an interested investor soured on me when I told him that I haven't secured patent on my product because one of my silicon valley sequoia backed entrepreneur friend told me that patents don't matter.

p.s. - I have a long list of idiot friends who have enriched my life :) I will never apologize for them.

[incredible]

I agree incredible. I did not mean to be rude on attorneys maybe I could have worded it softly. We pay attorney's for their expertise, education and experience. One could not navigate everything without attorneys. However, most of the time these forms are prepared by paralegals and have lots of errors in them. It has to be a teamwork between the applicant and the attorney to make sure that you are represented correctly.

Most of the time the skilled folks on H1B don't have a clue on how the immigration system works. It is similar to the ignorance in tax preparation. They just think that I paid so much, so that attorney has to be good. My point is if you want to become a permanant resident or a Citizen, you cannot depend fully on the system to take you through. While it might work for some people (I can provide examples of people who never had a clue but still became Citizens because the system worked for them), most of the time there are some glitches that needs skill to navigate. I had advised two people recently while they were on H1B about the importance of getting the PERM done before 5th year. One ended up leaving country in 2 weeks abruptly without even having time to pack and sell things. My guess is she/he understood the recapturing of vacation time for H1B as another H1B extension. Another one will be leaving shortly. She/he wanted to get a better pay before going for PERM, and the clock ran out. And these people wanted to stay in the USA and become Citizens, but did not put the effort to educate themselves about immigration.

I agree 100% on the education. It does not take a long time for one to become aware of Immigration matters. First step probably is getting into forums like this where there is a meaningful dialogue with like minded people. I believe people think ignorance is bliss and it is not in the case of immigration. We all have been bitten by it once or twice. I still remember vaguely why my friend (and college) was running from pillar to post just to get I140,485 filed in 2007 August. Never understood the urgency at that time, only to realize later how educated and smart he was .... he got greened literally 11 years before I was able to get greened this year (although both of us were here practically at the same time).

[incredible]

One genuine problem on lawyers side is that America has way too many lawyers. Unlike being a doctor - being a lawyer is relatively cheap and fast. So US has over supply of lawyers.

Plus - unlike doctors - the lawyers have huge disparity in what they earn. The top lawyers earn 8 figures while the not so good lawyers can earn 5 figures. It just depends. So it is easy to get scammed and be charged exorbitant for mundane services. Don't get me wrong - there are good lawyers and they play an incredibly useful role in the society. So don't mean to bash lawyers at all. Having representation is useful but sometimes difficult. I once forgo filing a patent because the legal expense was way too much and I was not sure if it was going to be useful. Later on that came back to bite me when an interested investor soured on me when I told him that I haven't secured patent on my product because one of my silicon valley sequoia backed entrepreneur friend told me that patents don't matter.

p.s. - I have a long list of idiot friends who have enriched my life :) I will never apologize for them.

You are absolutely right Q. I recently had to go through the same Patent attorneys for filing for patent for a small innovation done by our 12 year old daughter. We eventually did learn all of that and initially filed for provisional around one year back and recently filed for non-provisional. I do agree the fees are exorbitant for those. we had already paid close to 7K to the attorneys only for that.

[vedu]

Incredible,

I must say you do have a good lawyer who charges reasonable fee and provides a good service to you. And if that gave you peace of mind, then it was all worth it. But if I was in your shoes, I would still do all the documentation myself and save 300 to 500 USD (4-5 times). My employer pays for everything including attorney fee for H1-B renewals, I-140 application, etc. But they have a weird policy not to pay for I-485 application, because they consider it employee's application. So, back in 2012, I paid a reasonable amount to an attorney for preparing and submitting I-485 applications for me and my spouse. Then in 2013, I got another bill from the attorney in the amount of $73.75. When I inquired what this was for, they told me that it was the annual maintenance fee for my I-485 application. Me being a cheapskate, refused to pay that bill based on the argument that I did not request any additional services from them. Since then I have myself renewed all EAD/AP applications for our family, successfully responded to recent RFEs, all for free. Heck, I am so cheap, I never even used professionally taken passport size photos for EAD/AP applications. I take them with my cheap cell phone, post-process them, and print them at Walmart for 50 cents.;) On the other hand, all my past H1B renewals were done by the employer sponsored attorney.

[qesehmk]

You are absolutely right Q. I recently had to go through the same Patent attorneys for filing for patent for a small innovation done by our 12 year old daughter. We eventually did learn all of that and initially filed for provisional around one year back and recently filed for non-provisional. I do agree the fees are exorbitant for those. we had already paid close to 7K to the attorneys only for that.
Children filing for patents!! Amazing.

[gsingh]

Folks ,

I have a priority date of 04/12/2012 in EB2.
I-485/I-140 (in EB3) was filed on Oct 30th,2020(RD) with the same employer.
At that time I-140 could not filed in premium as the employer/Legal had lost the original PERM.
As we expect the rapid movement in next few months and into the next FY , I am hopeful that my PD will be current late 2021/early 2022.
(Please correct me, if that is too optimistic)

However the way things are, I fear my EB3 I-140 would not be approved by that time. My case is with TSC.

Few questions for the experts -

1.The original PERM should be in the UCSIS archives which they will retrieve at some point during the I-140 processing.
Does anyone know at which stage that happens and if premium processing can be requested at that stage.
Is there another way to request either the the original PERM from USCIS or the premium processing of I-140 ?

2. I still haven't received the biometrics notice yet. Should I be concerned ? At this pace , when can I expect to receive the EAD ?

Thanks.

[incredible]

Incredible,

I must say you do have a good lawyer who charges reasonable fee and provides a good service to you. And if that gave you peace of mind, then it was all worth it. But if I was in your shoes, I would still do all the documentation myself and save 300 to 500 USD (4-5 times). My employer pays for everything including attorney fee for H1-B renewals, I-140 application, etc. But they have a weird policy not to pay for I-485 application, because they consider it employee's application. So, back in 2012, I paid a reasonable amount to an attorney for preparing and submitting I-485 applications for me and my spouse. Then in 2013, I got another bill from the attorney in the amount of $73.75. When I inquired what this was for, they told me that it was the annual maintenance fee for my I-485 application. Me being a cheapskate, refused to pay that bill based on the argument that I did not request any additional services from them. Since then I have myself renewed all EAD/AP applications for our family, successfully responded to recent RFEs, all for free. Heck, I am so cheap, I never even used professionally taken passport size photos for EAD/AP applications. I take them with my cheap cell phone, post-process them, and print them at Walmart for 50 cents.;) On the other hand, all my past H1B renewals were done by the employer sponsored attorney.

Vedu

I do see your point. When I switched companies back in 2013 (within an year after getting EAD), I was little circumspect and approached a lawyer and from then on stuck with him. But they didn't charge any maintenance fee etc. Also, I agree that I did pay 300-500 once two years (EAD/AP) and 500 for Supp J. I consider it that I went on cruise vacation.. :)

[incredible]

Children filing for patents!! Amazing.

Actually most of the kids these days do stuff that is beyond amazing. We (schools, parents, etc.) just ignore those.

[qesehmk]

Actually most of the kids these days do stuff that is beyond amazing. We (schools, parents, etc.) just ignore those.
Yes indeed.

[inspired_p]

Incredible,

I must say you do have a good lawyer who charges reasonable fee and provides a good service to you. And if that gave you peace of mind, then it was all worth it. But if I was in your shoes, I would still do all the documentation myself and save 300 to 500 USD (4-5 times). My employer pays for everything including attorney fee for H1-B renewals, I-140 application, etc. But they have a weird policy not to pay for I-485 application, because they consider it employee's application. So, back in 2012, I paid a reasonable amount to an attorney for preparing and submitting I-485 applications for me and my spouse. Then in 2013, I got another bill from the attorney in the amount of $73.75. When I inquired what this was for, they told me that it was the annual maintenance fee for my I-485 application. Me being a cheapskate, refused to pay that bill based on the argument that I did not request any additional services from them. Since then I have myself renewed all EAD/AP applications for our family, successfully responded to recent RFEs, all for free. Heck, I am so cheap, I never even used professionally taken passport size photos for EAD/AP applications. I take them with my cheap cell phone, post-process them, and print them at Walmart for 50 cents.;) On the other hand, all my past H1B renewals were done by the employer sponsored attorney.

I don't think it is being a cheap stake. Even USCIS expects and has tried to keep I-485 straight forward and simple to file. This is supposed to be filed by people seeking permanent residence for various different reasons not just employment.
I too went with the employer lawyer though as I had to apply I-140 and I485 concurrently.

[SG2020]

You are absolutely right Q. I recently had to go through the same Patent attorneys for filing for patent for a small innovation done by our 12 year old daughter. We eventually did learn all of that and initially filed for provisional around one year back and recently filed for non-provisional. I do agree the fees are exorbitant for those. we had already paid close to 7K to the attorneys only for that.

I am in the same boat! We are in talks with a couple of well known game companies but also looking at a Chinese manufacturer to build the product (and sell directly). We have not done anything for the patent yet. Can you message me directly as I would love to hear your advice and avoid any mis-steps.

[Zenzone]

Thanks Transformer and Beagle. Actually, my EB3 PERM was approved last week and I was not very keen to proceed with I-140 stage. I was thinking of waiting for a month or two and see how dates progress. But current employer and attorney moved quickly and prepared paperwork for I-140 stage. Current employer is not aware of my AOS pending status, because that was filed based on previous employer's I-140 (EB2).

I understand that interfile will work once new I-140 is approved. But my attorney is not sure whether USCIS will allow porting old EB2 PD, because that PD is already used for AOS. If new I-140 has new PD of 2020, there is absolutely no point.

Is this true? I thought you can always port Priority Dates with you even when you interfile.

Folks, Please help me with this question

[incredible]

I am in the same boat! We are in talks with a couple of well known game companies but also looking at a Chinese manufacturer to build the product (and sell directly). We have not done anything for the patent yet. Can you message me directly as I would love to hear your advice and avoid any mis-steps.

I did send a private note to you. Just for everyone's benefit, it is a 3 step process. Provisional patent (for one year), patentability (invention search) and finally non-provisional (permanent) patent. You have to use an attorney as there are exorbitant amount of documentation that goes into these.

[Transformer]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

[qesehmk]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

I haven't done it myself so not sure. But I believe these forms are fairly straightforward. If money is your concern - you should just go ahead and do it.

[nbk1976]

Finally there is a status update after Feb 17 2012, I received a RFE, surprisingly it says Job offer letter and no mention of I-485 J. Sent it to HR and they forwarded it to attorneys. I don?t know if I should go ahead and submit 485J. I am in the same job, just that my role and responsibilities are different attributable to career progression. Did anyone get a similar RFE? And what do you guys recommend, should I file offer letter or 485J?

I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?

[vsivarama]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

I am not trying to scare you or anything but do double check and triple check if you intend to do this on your own. You do NOT want to swing and miss on this one. You will be in bigger mess if your son's 485 gets rejected on grounds of some data error and you end up getting your GC in the meanwhile. Plus, do submit his application the first day of the month it's current.

[vedu]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

Did your attorney provide you copies of your previously filed I-485 applications? I don't expect your son's application to be much different from your spouse's application. You can use that as a reference. And no matter whether you do it yourself or with your attorney, you should always double and triple check your forms. Paralegals make lots of mistakes. And who can be more careful about your own application than yourself? While filling the form, if you have any questions, you can always do a simple google search or ask here on Q's forum. Also, USCIS is not our enemy. If we make genuine mistakes, they will always come back to us asking for further clarification. They don't review applications with the intent of rejecting them unless there is a fraud. Good luck either way!

[idliman]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.
It is not difficult. You will have a sample from your wife and also primary I485 that you had filed. There are a lot of online resourses and sample forms for this topic. One sample is here (https://learn.simplecitizen.com/wp-content/uploads/2017/12/2017-SimpleCitizen-Form-I-485-Sample-2-1.pdf). Most of the free resources are geared towards family based immigrants. You need to select correct boxes for EB. Take look. If you think you cannot do it, then just go with an attorney. You might be able to shop around and find one. There are also some independent paralegals that I have seen on Trackitt advertise their services.

Ultimately, you want to get your kids paperwork correctly. If you are not sure, dont do it yourself.

[reys03]

Hi All, my husband is going to switch companies soon. His GC/EAD/AP was applied in Oct 2020. He also filed G28 with the current company's lawyer. When he leaves the company, should he file a G28 with the new company lawyer? We are concerned if any communication from USCIS is not going to reach us and also if any RFE, the current company's lawyer might not be keen to reply as he has left the company.

[idliman]

Hi All, my husband is going to switch companies soon. His GC/EAD/AP was applied in Oct 2020. He also filed G28 with the current company's lawyer. When he leaves the company, should he file a G28 with the new company lawyer? We are concerned if any communication from USCIS is not going to reach us and also if any RFE, the current company's lawyer might not be keen to reply as he has left the company.
Please share details such as Priority Date and Category (EB2/EB3). That will help to decide whether you have to file I-485 Supp J proactively after switching. When did you file I-485 and has it been 180 days since you applied for GC?

If you have not filed GC yet, then the attorney will send an updated G-28 form.

[srisri]

Since we are discussing lawyers, I can tell you for my experience with one of the lawyer from a big law firm, they messed up my EAD renewal application, and while I was waiting for the mistakes cleared the application got delayed by almost a month, my wife who was working on EAD had to quit her job as she didn?t have receipt notice in hand at the time of her eAD expiry.

For a simple three page I-765 and I-131 there were 18 mistakes, the attorney couldn?t tell the difference between admittance status and immigration status, wrote my arrival date on her application as her arrival date, assuming desi couple travel together. The worst part is all of this mess up happened after we filled in an online questionnaire the law firm sent for our application. When I brought it to the attention of HR they couldn?t believe it.

For the last two days of past week, I had to beg HR to send my application to another law firm. Finally they agreed.

[sling10]

1st post here. Have been reading the posts for a while now and have received a lot of valuable information. So, thanks to all the gurus for that. My PD is 11/04/2011 in EB2 and hope that I will be able to file 485 in October 2021. Yes, my employer did not let me downgrade to EB3 in October 2020.

I plan to file 485, 765 and 131 for me, my spouse and my son myself. All the checklists for documents that I have found online take into consideration the 944 filing. But, since 944 is not a requirement anymore, can someone please point me to a updated checklist of documents needed for filing 485, 765 and 131 in Oct 2021 ?

Thanks in advance !

[reys03]

Eb2, yes it's been 180 days. PD is May 2010. 485J and G28 were already filed by current company.
1. When should the new 485J be filed?
2. When should the new G28 be filed?

[prn123]

Please share details such as Priority Date and Category (EB2/EB3). That will help to decide whether you have to file I-485 Supp J proactively after switching. When did you file I-485 and has it been 180 days since you applied for GC?

If you have not filed GC yet, then the attorney will send an updated G-28 form.

Hi Idliman
My wife's case is also similar.
It's been 180 days since I-485 filing EB2. PD is Mid - May 2010.
Have some questions:
a. When should my new 485J be filed?
b. When should my new G28 be filed?

G28 and 485J were already filed by current company.

[beagle]

Eb2, yes it's been 180 days. PD is May 2010. 485J and G28 were already filed by current company.
1. When should the new 485J be filed?
2. When should the new G28 be filed?

1) Two school of thoughts. Don't do anything and sit tight until you receive the RFE for I-485J or proactively file I-485J.

I would file it proactively and its a dead simple form. USCIS will have all the latest info when your date is current for adjudication instead of waiting on your RFE response. Your application is already current under EB2 August 2010 FAD. Worst case, they might ask for it again. The most important aspect of I-485J is that you and your employer are confirming about the future job offer which is the basis for your employment based GC. Again, when your husband switched jobs, its all in the same field and passes the original/similar job litmus test.

2) As soon as you join the new employer. Its for your own good as the old company attorney might have a conflict of interest representing you. The company attorney will act in the best interest of your employer and not you. If your home address is the same, its a bonus as all docs will be emailed to the same address even when you switch attorney/company and you will not miss any communications.

For both 1) and 2), there is no established timeline and its up to you to decide.

[idliman]

Hi Idliman
My wife's case is also similar.
It's been 180 days since I-485 filing EB2. PD is Mid - May 2010.
Have some questions:
a. When should my new 485J be filed?
b. When should my new G28 be filed?

G28 and 485J were already filed by current company.
Your FA date is current. Have you received any RFEs recently? If you had not received any RFEs and if you are from TSC, go ahead and submit I-485 J proactively. From your description, I hope that you had already submitted I-693 and is still valid.

If you are from NSC, I would ask you to wait for an RFE. Their processing times are faster when compared to TSC.

There is no right or wrong answer on this topic. It is a judgement call. The attorneys most likely will suggest you to wait for RFE. As TSC is processing very slowly, proactive filing might help you to get some attention.

G-28 is just a change of attorney form. Something equivalent to change of address. As soon as you are represented by a new attorney, you can file G-28. You can also decide to keep the old attorney. You can request them to do a I-485 J for the new position.

[incredible]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

Since it is filing of 485 and no need to be dependent upon company attorney. You can enquire outside, just to get the ball park pricing estimate. But I do agree with Q, these forms are straight forward to fill in.

[seepz123]

I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?

I have received the exact same RFE , and when I checked USCIS site for the G-325A form, I see one for deferred action - https://www.uscis.gov/sites/default/files/document/forms/g-325a.pdf . Does anyone know if this is the right form to be submitted for a I-485 RFE? Or is there another version of this form somewhere that I should be looking for?

[reys03]

Thank you!

[gaurim17]

I have received a similar RFE. The 2nd page is only asking me for 693, but the 3rd page has a checkbox kind of thing for 485J. I do have an approved 485J that got approved last week. So my plan is to respond with approval copy and 693.


I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?

[incredible]

I have received the exact same RFE , and when I checked USCIS site for the G-325A form, I see one for deferred action - https://www.uscis.gov/sites/default/files/document/forms/g-325a.pdf . Does anyone know if this is the right form to be submitted for a I-485 RFE? Or is there another version of this form somewhere that I should be looking for?

Yes. this is correct form.

[mesan123]

How much movement can we expect for EB2 in next month bulletin… my EAD expires first week of Jan.. thinking if should apply for renewal in july first week.. seeing EB2 not moving so fast like EB3… me being in Feb 2011 not sure if i would be current and get my GC by year end…

Any inputs will be appreciated

[Transformer]

How much movement can we expect for EB2 in next month bulletin… my EAD expires first week of Jan.. thinking if should apply for renewal in july first week.. seeing EB2 not moving so fast like EB3… me being in Feb 2011 not sure if i would be current and get my GC by year end…

Any inputs will be appreciated

I am expecting EB2 to move 4-5 months. Irrespective of how many months it moves, even if you are current next month, I think it is advisable to go ahead and apply for your EAD renewal.

[inspired_p]

I am expecting EB2 to move 4-5 months. Irrespective of how many months it moves, even if you are current next month, I think it is advisable to go ahead and apply for your EAD renewal.

Absolutely ! Being Current means the start of the next wait for USCIS taking action on your file. There is no time stipulation for USCIS to pick the file once it is current and it can be an agonizing wait for multiple months as you would see from many people on this forum as well.

Just apply for the EAD renewal as if the dates have not been current.

[seepz123]

Yes. this is correct form.
Thank you incredible!

[gsingh]

Folks ,

I have a priority date of 04/12/2012 in EB2.
I-485/I-140 (in EB3) was filed on Oct 30th,2020(RD) with the same employer.
At that time I-140 could not filed in premium as the employer/Legal had lost the original PERM.
As we expect the rapid movement in next few months and into the next FY , I am hopeful that my PD will be current late 2021/early 2022.
(Please correct me, if that is too optimistic)

However the way things are, I fear my EB3 I-140 would not be approved by that time. My case is with TSC.

Few questions for the experts -

1.The original PERM should be in the UCSIS archives which they will retrieve at some point during the I-140 processing.
Does anyone know at which stage that happens and if premium processing can be requested at that stage.
Is there another way to request either the the original PERM from USCIS or the premium processing of I-140 ?

2. I still haven't received the biometrics notice yet. Should I be concerned ? At this pace , when can I expect to receive the EAD ?

Thanks.

[LeoAugust]

Hi Gurus,

Today we received two 485 Biometric appointment receipts for my wife. They did not send mine... Any idea is this normal? I have dropped an email to attorney and enquire tomorrow with EMMA.
Please let me know if it is normal.

Thanks

[rsnake]

How much movement can we expect for EB2 in next month bulletin… my EAD expires first week of Jan.. thinking if should apply for renewal in july first week.. seeing EB2 not moving so fast like EB3… me being in Feb 2011 not sure if i would be current and get my GC by year end…

Any inputs will be appreciated

GC EAD gets an automatic extension of 180 days beyond expiry if extension is filed before expiry. Feb 2011 should get current by July or at the latest August bulletin. Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.

[krnashvom8]

GC EAD gets an automatic extension of 180 days beyond expiry if extension is filed before expiry. Feb 2011 should get current by July or at the latest August bulletin. Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.

Even if OP (Mesan's) date gets current in the next couple of bulletins it still can take 3-4 months to get the GC. Depends on how fast USCIS is processing and based on current processing speeds it can take 3 to 4 months. I'd recommend filing for EAD/AP extension in July (180 days before Jan 2022 AD date).

[mesan123]

Even if OP (Mesan's) date gets current in the next couple of bulletins it still can take 3-4 months to get the GC. Depends on how fast USCIS is processing and based on current processing speeds it can take 3 to 4 months. I'd recommend filing for EAD/AP extension in July (180 days before Jan 2022 AD date). Thank you @transformer, @krnashvom8, @rsnake for your replies.. will goahead and apply for renewals in July…

By the way did all of Oct filler got 485J reciept no .. i yet didnot get mine..

[incredible]

GC EAD gets an automatic extension of 180 days beyond expiry if extension is filed before expiry. Feb 2011 should get current by July or at the latest August bulletin. Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.

I would suggest to apply it as soon as possible. I see some cases where people applied really late with the hope of dates becoming current and getting greened, but got stuck in another line and with time running out for EAD. In best case, the pending EAD may even make them work on your case for GC approval.

[vidya_garu]

Hello Everyone,
Thanks for hosting this wonderful forum. When is a realistic chance that I may receive my GC. MY PD is August 13 2010 , EB2 India, and will be filing I-140(Hopefully premium)+I485 in June 2021

[vidya_garu]

One other question i had was , how would we know which service center will process our filed I485?, TSC or Nebraska or NBC. How do we get assigned?

[bangaloreboy]

Thank you @transformer, @krnashvom8, @rsnake for your replies.. will goahead and apply for renewals in July?

By the way did all of Oct filler got 485J reciept no .. i yet didnot get mine..

I havent received mine...

[maverick2010]

Hello Everyone,
Thanks for hosting this wonderful forum. When is a realistic chance that I may receive my GC. MY PD is August 13 2010 , EB2 India, and will be filing I-140(Hopefully premium)+I485 in June 2021

If everything goes smooth, 8-12 months from the filing date if it goes to NBC(no downgrade). TSC is having little more wait nowadays compared to NBC but that can change anytime.

[FlowerPot]

Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.

My understanding is GC EAD C(9) extension renewals are free of cost.

[sling10]

1st post here. Have been reading the posts for a while now and have received a lot of valuable information. So, thanks to all the gurus for that. My PD is 11/04/2011 in EB2 and hope that I will be able to file 485 in October 2021. Yes, my employer did not let me downgrade to EB3 in October 2020.

I plan to file 485, 765 and 131 for me, my spouse and my son myself. All the checklists for documents that I have found online take into consideration the 944 filing. But, since 944 is not a requirement anymore, can someone please point me to a updated checklist of documents needed for filing 485, 765 and 131 in Oct 2021 ?

Thanks in advance !

Hello : can someone help me with the above query ?

[android09]

One other question i had was , how would we know which service center will process our filed I485?, TSC or Nebraska or NBC. How do we get assigned?

Im not sure how the load is allocated, but you will know from your I-485 receipt where your application went to.

[mesan123]

I havent received mine...

I see some people recieved? dont know how they send it

[inspired_p]

GC EAD gets an automatic extension of 180 days beyond expiry if extension is filed before expiry. Feb 2011 should get current by July or at the latest August bulletin. Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.

Is EAD/AP costing $410? I thought it was part of the I-485 fee we paid in October during initial filing and EAD/AP renewals are to be free.

[bikenlalan]

Thank you @transformer, @krnashvom8, @rsnake for your replies.. will goahead and apply for renewals in July?

By the way did all of Oct filler got 485J reciept no .. i yet didnot get mine..

I am EB-2 Feb 2011 and filed in Oct 2020, have not received mine either.

[bikenlalan]

Is EAD/AP costing $410? I thought it was part of the I-485 fee we paid in October during initial filing and EAD/AP renewals are to be free.

As far as I know, they are still free.

[idliman]

GC EAD gets an automatic extension of 180 days beyond expiry if extension is filed before expiry. Feb 2011 should get current by July or at the latest August bulletin. Since EAD extension filing fee is $410 I would wait till Oct or Nov before filing for it given the high chances it will get wasted.
There are tens of EAD classifications. For c(9)(P) [AOS based EAD], there is no fee. For details please look at EAD Renewal Template Thread (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format) under EAD section.

[idliman]

Folks ,

I have a priority date of 04/12/2012 in EB2.
I-485/I-140 (in EB3) was filed on Oct 30th,2020(RD) with the same employer.
At that time I-140 could not filed in premium as the employer/Legal had lost the original PERM.
As we expect the rapid movement in next few months and into the next FY , I am hopeful that my PD will be current late 2021/early 2022.
(Please correct me, if that is too optimistic)

However the way things are, I fear my EB3 I-140 would not be approved by that time. My case is with TSC.

Few questions for the experts -

1.The original PERM should be in the UCSIS archives which they will retrieve at some point during the I-140 processing.
Does anyone know at which stage that happens and if premium processing can be requested at that stage.
Is there another way to request either the the original PERM from USCIS or the premium processing of I-140 ?

2. I still haven't received the biometrics notice yet. Should I be concerned ? At this pace , when can I expect to receive the EAD ?

Thanks.
Most likely your PD of EB2 12APR12 will be current only in the next year (after Oct 2021). However, it looks like you did a downgrade to EB3 and filed in Oct 2020. In EB3, your PD will be current before Oct 2021.

You need original PERM approval certificate for doing premium I-140. As you are doing a downgrade this will not be available. Most of the attorneys are upgrading I-140 to premium after a receipt notice is issued for I-140. You can try that route to upgrade to premium and get a quick approval. You will not be able to get the original PERM from USCIS. It is their property and they expect your copy of PERM approval notice for premium.

Going via EB3 route will definitely get GC a few months earlier. EB3I has started moving about 5 months per bulletin. My guess your PD will become current in EB3 in Jul/Aug whereas in EB2 you might have to wait till say Jan 2022 (educated guess) for FA to be current.

Biometrics is a function of where you are located and your field office. So you need to compare the time-frame with people in your area.

[beagle]

Hello : can someone help me with the above query ?

I would rather hire an attorney and file I-485 so that I can sleep peacefully without worrying about rejections from missing certain parts/sections. I didn't file it myself and hence won't recommend self-filing for I-485. I-485J you can file it yourself provided your employer provides the required numbers. In the grand scheme of things, how much are you saving ? We all lucked out from the pandemic. Please don't complicate things for yourself and delay the process any longer with a very close priority date of 11/04/2011 in EB2.

[idliman]

How much movement can we expect for EB2 in next month bulletin… my EAD expires first week of Jan.. thinking if should apply for renewal in july first week.. seeing EB2 not moving so fast like EB3… me being in Feb 2011 not sure if i would be current and get my GC by year end…

Any inputs will be appreciated
Follow EAD Renewal DIY guide (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format) and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.

[idliman]

Hello : can someone help me with the above query ?
Only the I-485 is new. For I-765 and I-131 there are existing templates. For I-485, you need to file I-485 Supp J, that will require signature from company. I-944 has been discontinued. See USCIS website (https://www.uscis.gov/i-944).

[mesan123]

Follow EAD Renewal DIY guide (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format) and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.
Will do. Will fike by July first week. The day my 6 months elibility starts.. thank you…

[vedu]

Follow EAD Renewal DIY guide (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format) and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.

I fully agree with idli. In immigration matters, you need to continue to submit all kind of required documentation all the time always assuming the worst case scenario. And I have noticed that those who don't rely on their attorneys are generally best at this. They are self assured, detail oriented, enjoy doing their own paperwork correctly, and they submit it on a timely basis (usually on the first day on which they are eligible). They also like to have full control of their own situation/destiny. Those who rely on lawyers for every small thing are generally not confident in their own abilities. I have noticed many people changed addresses in the past but didn't bother to submit AR-11 because their lawyer wasn't there to tell them this simple thing. As a result, their RFE's went to the wrong address causing all kinds of issues. Those who are self-reliant are always looking out for these kind of things and every minute detail that can derail the process. This is my personal observation.

[sling10]

Only the I-485 is new. For I-765 and I-131 there are existing templates. For I-485, you need to file I-485 Supp J, that will require signature from company. I-944 has been discontinued. See USCIS website (https://www.uscis.gov/i-944).

Hello idliman. I am fine from the perspective of filling the forms. They don't look super complex to me. But, I am wondering in terms of the supporting documentation related to I-944 that need not be submitted anymore as it has been discontinued.

[montyp80]

Hi Gurus:

If this question doesn't belong here then please let me know so that I can move it to appropriate thread.

Asking this for a friend:
Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
He was told that if he doesn't sign then he will most likely lose his job.
Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.

Questions:
1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?

Thanks in advance

[idliman]

Hello idliman. I am fine from the perspective of filling the forms. They don't look super complex to me. But, I am wondering in terms of the supporting documentation related to I-944 that need not be submitted anymore as it has been discontinued.
It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website (https://www.uscis.gov/i-485Checklist). I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

[sling10]

It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website (https://www.uscis.gov/i-485Checklist). I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

Isn't G-325A redundant now as all the details from that form are filled in the I-485 form ? Also, mine is not a downgrade. My PD is 11/04/2011 EB2 India which I hope should be current in the DOF chart in October 2021.

[srimurthy]

It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website (https://www.uscis.gov/i-485Checklist). I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

Here is the thread I guess
https://www.qesehmk.org/forums/showthread.php/2807-Documentation-required-for-485

[sling10]

Here is the thread I guess
https://www.qesehmk.org/forums/showthread.php/2807-Documentation-required-for-485

Thanks srimurthi. The thread is helpful !

[iamdeb]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

[SG2020]

Hi Gurus:

If this question doesn't belong here then please let me know so that I can move it to appropriate thread.

Asking this for a friend:
Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
He was told that if he doesn't sign then he will most likely lose his job.
Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.

Questions:
1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?

Thanks in advance

Just an observation: 60 miles restriction feels like a very easy thing to get around...if he starts his business, he can easily choose to open an office >60 miles away. He should check with an attorney as well.

[vsivarama]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

Waiting for FAD or FD to be current in EB2 may be the best bet for you. Best case scenario for your downgrade goes like this, you apply for i140, get the receipt number in hand and then upgrade the application to PP and hope that it will be accepted by USCIS for PP in the first go and then getting your i140 approved without any RFEs. If all of them go your way, you will have your approved i140 in 3 months. By that time your PD will most likely be current in EB2.

[idliman]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.
This year (before Oct 2021 bulletin) the EB2I FA date will reach 15MAY11. It may even cross the date and your friends FA date might be current. But definitely (more than 90% probability), the FA date will be current in Oct 2021 visa bulletin. EB3I FA is at 01FEB11 and will likely cross June 2011 in next months VB (June 2021 VB). So it is a matter of 4 months in my opinion. I would go for a new I-140 in EB3 instead of amending the existing EB2 I-140. That way your EB2I route still exists. Hopefully they can do a premium I-140 upgrade after getting the receipt notice. If the company is paying there is no harm in going for EB3, but still try to keep the EB2 I-140 intact. Make sure that he/she reads about the risks. No point in taking a downgrade risk when you know for sure that you will be current in 4 months or so.

Good Luck.

[rsnake]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

Along with the good advice from others, I would add that it also depends on if your job is stable or not. If you think might need to change employers in the near future then it's better to file concurrent I-485 with downgrade either in June or July depending on when May 2011 becomes current under EB3. This way the 180 day AC21 protection clock will start immediately and you will get EAD sooner. If you don't think you need to switch jobs soon then you can wait till Oct and file without the hassle and delays associated with filing for new I-140.

[iamdeb]

This year (before Oct 2021 bulletin) the EB2I FA date will reach 15MAY11. It may even cross the date and your friends FA date might be current. But definitely (more than 90% probability), the FA date will be current in Oct 2021 visa bulletin. EB3I FA is at 01FEB11 and will likely cross June 2011 in next months VB (June 2021 VB). So it is a matter of 4 months in my opinion. I would go for a new I-140 in EB3 instead of amending the existing EB2 I-140. That way your EB2I route still exists. Hopefully they can do a premium I-140 upgrade after getting the receipt notice. If the company is paying there is no harm in going for EB3, but still try to keep the EB2 I-140 intact. Make sure that he/she reads about the risks. No point in taking a downgrade risk when you know for sure that you will be current in 4 months or so.

Good Luck.

Thanks for the respone Idliman!
What is the risk associated with the downgrade? Also, how much time is it taking to get the receipt notice. So what kind of timeline I am looking at for getting the receipt notice, upgrading to premium and getting the new I-140 approved?

[idliman]

Thanks for the respone Idliman!

What is the risk associated with the downgrade? Also, how much time is it taking to get the receipt notice. So what kind of timeline I am looking at for getting the receipt notice, upgrading to premium and getting the new I-140 approved?
The company has to show ability to pay from date of LC approval. Maybe an issue with small consultancy companies. Also it is difficult to do EB2 to EB3 to EB2 again. That's why you need to have two separate I-140s so that you can interfile a new I-140 with an existing I-485 application. Other risk is to show that the job PERM still qualifies for EB3 and meets EB3 criteria.

[AceMan]

Looks like like CO has said in AILA meeting today that EB2-India dates will move to Dec 1st 2020. Check the link below..

https://www.murthy.com/2021/05/12/eb2-india-to-expected-to-move-to-dec-1-2010-in-june-2021-visa-bulletin/

December 1st 2010 :-) not 2020

[rsnake]

December 1st 2010 :-) not 2020

This is doubly funny because the Murthy article(not its title) says Mr. Oppenheim mentioned that the June 2021 Visa Bulletin is expected to show that EB2 India will move substantially to December 1, 2000,


So is it December 2000, 2010 or 2020 : )

At this point I think USCIS should focus on giving GCs rather than EAD/AP for 2011 PD and earlier filers, except for expedited requests. Maybe this is their strategy already, looks like most people who gave biometrics in March still haven't gotten their EAD/AP.

[abcx13]

Interesting that he didn't say anything about EB3! I guess we will find out soon enough!

[maverick2010]

December 1st 2010 :-) not 2020

DUHH...Sorry about the typo....

Looks like like CO has said in AILA meeting today that EB2-India dates will move to Dec 1st 2010. Check the link below..

https://www.murthy.com/2021/05/12/eb2-india-to-expected-to-move-to-dec-1-2010-in-june-2021-visa-bulletin/

[maverick2010]

Interesting that he didn't say anything about EB3! I guess we will find out soon enough!

I'm going to interpret that as downgrade numbers are still 'work in progress' and he has not made up his mind - June visa bulletin is a tricky one for CO :)

[montyp80]

Just an observation: 60 miles restriction feels like a very easy thing to get around...if he starts his business, he can easily choose to open an office >60 miles away. He should check with an attorney as well.

Unfortunately, he has already made up his mind to leave his current employer due to his personal fallout with him. 60 miles out shouldn't be a big deal otherwise.

[gsingh]

Most likely your PD of EB2 12APR12 will be current only in the next year (after Oct 2021). However, it looks like you did a downgrade to EB3 and filed in Oct 2020. In EB3, your PD will be current before Oct 2021.

You need original PERM approval certificate for doing premium I-140. As you are doing a downgrade this will not be available. Most of the attorneys are upgrading I-140 to premium after a receipt notice is issued for I-140. You can try that route to upgrade to premium and get a quick approval. You will not be able to get the original PERM from USCIS. It is their property and they expect your copy of PERM approval notice for premium.

Going via EB3 route will definitely get GC a few months earlier. EB3I has started moving about 5 months per bulletin. My guess your PD will become current in EB3 in Jul/Aug whereas in EB2 you might have to wait till say Jan 2022 (educated guess) for FA to be current.

Biometrics is a function of where you are located and your field office. So you need to compare the time-frame with people in your area.

Thanks @idliman. This is helpful.
I will try my luck upgrading to premium without the original PERM. Less likely USCIS accepts it, but I guess no harm in trying.

[sling10]

Need some guidance on my issue here.

My spouse's passport is expiring on 01/23/2022. Her I-94 has expired on 10/12/2020 and we do not have the H4 approval with the new I-94 yet.

Should I wait to apply for her passport renewal till I get her new I94 with the new expiry date ? If I file now without the new I94, will she get a shorter duration validity passport ?

If I am unable to renew her passport in time and I plan to file I-485 in October 2021 with her passport expiry as 01/23/2022, is that a problem ? Does the passport need to have the expiry date more than 6 months away while filing the I-485 ?

[rsnake]

As far as USCIS/CBP is concerned I believe passport expiry has no impact on I-485 or H1/H4 extension of status. I think it's only an issue at port of entry where the new I-94 will have shorter validity.

About the passport extension at Indian consulates, they ask for documents proving valid status in the US, so the receipt notice might be enough, check with consulate. Shouldn't impact passport extension expiry date.

[beagle]

Need some guidance on my issue here.

My spouse's passport is expiring on 01/23/2022. Her I-94 has expired on 10/12/2020 and we do not have the H4 approval with the new I-94 yet.

Should I wait to apply for her passport renewal till I get her new I94 with the new expiry date ? If I file now without the new I94, will she get a shorter duration validity passport ?

If I am unable to renew her passport in time and I plan to file I-485 in October 2021 with her passport expiry as 01/23/2022, is that a problem ? Does the passport need to have the expiry date more than 6 months away while filing the I-485 ?

https://www.cgisf.gov.in/page/FAQs/

Its better to call the consulate and ask them for the actual COVID processing time. My spouse got her new passport in 2.5 weeks and this is few years back. So renewing the passport before you file I-1485 is better and you can get it done before October-1 for sure. The reason why its better to have a valid passport is when you are called for I-485 interview. After approving the passport, you usually get a seal on the passport which is equivalent to a GC. Folks who went through the interview process can confirm it.

https://citizenpath.com/faq/form-i-551-explained/

Otherwise, you've to wait until you get the GC physically in mail because your passport is invalid. So having a valid passport is mandated but not really required to file I-485. Nowadays we get the GC card soon and there is no big delay.

[sling10]

https://www.cgisf.gov.in/page/FAQs/

Its better to call the consulate and ask them for the actual COVID processing time. My spouse got her new passport in 2.5 weeks and this is few years back. So renewing the passport before you file I-1485 is better and you can get it done before October-1 for sure. The reason why its better to have a valid passport is when you are called for I-485 interview. After approving the passport, you usually get a seal on the passport which is equivalent to a GC. Folks who went through the interview process can confirm it.

https://citizenpath.com/faq/form-i-551-explained/

Otherwise, you've to wait until you get the GC physically in mail because your passport is invalid. So having a valid passport is mandated but not really required to file I-485. Nowadays we get the GC card soon and there is no big delay.

beagle : My confusion is I might get a short validity passport if i apply now since the new I-94 has not arrived yet. And then, will need to apply for the passport again post receiving the new I-94. So, if it is not mandatory to have a passport with a longer expiry date while filing 485, I don't want to unnecessarily start that paperwork now.

[rocksays]

For renewing Indian passport; the validity of I-94 should have no bearing on expiration of the new passport provided.
One of the documents they ask for validating status in USA: Recently expired Visa or I-797A Approval notice together with I-797C Receipt Notice for filing of a request for extension before the expiry of Visa or I-797A. Notarized copy of proof of extension, If your B1/B2 is expired and have a receipt for extension of stay or an approval for extension of stay

[vsivarama]

beagle : My confusion is I might get a short validity passport if i apply now since the new I-94 has not arrived yet. And then, will need to apply for the passport again post receiving the new I-94. So, if it is not mandatory to have a passport with a longer expiry date while filing 485, I don't want to unnecessarily start that paperwork now.

I do not have any facts to back me up other than a logical argument here. Why do you think they will issue your passport for a shorter validity period? All they need to know from you is that you are here in legal status in order to renew your passport here in US. You are an Indian national requesting an Indian passport. Why should they care about your I-94 details or any nuances related to US visa laws?

[Mgajsk]

I do not have any facts to back me up other than a logical argument here. Why do you think they will issue your passport for a shorter validity period? All they need to know from you is that you are here in legal status in order to renew your passport here in US. You are an Indian national requesting an Indian passport. Why should they care about your I-94 details or any nuances related to US visa laws?

Assuming we are discussing about renewing Indian passport, I recently renewed mine form Chicago consulate through mail . It was 17 day process. validity of I94 does not matter.

[sling10]

I do not have any facts to back me up other than a logical argument here. Why do you think they will issue your passport for a shorter validity period? All they need to know from you is that you are here in legal status in order to renew your passport here in US. You are an Indian national requesting an Indian passport. Why should they care about your I-94 details or any nuances related to US visa laws?

This is what I see on the FAQ document on the Chicago Consulate General of India website:

Q: I am an Indian Citizen, at present living in Chicago, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?

A: To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website (https://www.cgi.chicago.gov.in ) and apply for Emergency Certificate (EC) to travel back to India. If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).

[sling10]

Assuming we are discussing about renewing Indian passport, I recently renewed mine form Chicago consulate through mail . It was 17 day process. validity of I94 does not matter.

When you applied, was your I94 already expired ?

[vsivarama]

This is what I see on the FAQ document on the Chicago Consulate General of India website:

Q: I am an Indian Citizen, at present living in Chicago, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?

A: To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website (https://www.cgi.chicago.gov.in ) and apply for Emergency Certificate (EC) to travel back to India. If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).

Then, I guess you can apply for i485 and then renew the passport.

Visit the below link and refer page 9 for the required documents for i485. The point 2. reads the following: -

https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

Government-Issued Identity Document with Photograph
All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their
photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also
be any other government-issued identity document such as a driver’s license or military identification document.

[Transformer]

beagle : My confusion is I might get a short validity passport if i apply now since the new I-94 has not arrived yet. And then, will need to apply for the passport again post receiving the new I-94. So, if it is not mandatory to have a passport with a longer expiry date while filing 485, I don't want to unnecessarily start that paperwork now.

Passport renewal has nothing to do with how long your I-94 is valid. If you are here on a legal status you can renew and you will get 10 yr valid passport. It doesn't depend on your validity of I-94.

For 485 filing, what you need is a valid passport on the date your application is received by USCIS. Lets says your passport is expiring on 6/3/2021 and your 485 reached on 6/2/2021. That's fine for your 485.

Not sure what the confusion is.

[Bharath Ravulapati]

Hi, New here. My PD is 12 Nov 2012 EB2I. I downgraded it to EB3 in October with a receipt date of Oct 16th, 2020. However, USCIS rejected my Premium Processing application multiple times, citing that it does not have the original PERM ETA 9089 form. Considering the rapid movements of dates, is my Final action dates are currently in the next 2-3 months and is my I-140 is still pending? What are my options?

[rsnake]

This is what I see on the FAQ document on the Chicago Consulate General of India website:

Q: I am an Indian Citizen, at present living in Chicago, USA, last week my visa status has been expired, what should I do to re-issue of my expired Indian Passport ?

A: To re-issue your Indian Passport we need your valid visa status, if you do not have valid visa status you can visit our website (https://www.cgi.chicago.gov.in ) and apply for Emergency Certificate (EC) to travel back to India. If you already started the process of legalizing your stay in USA with USCIS then please submit your application along with notice of action issued by USCIS (i.e. I-797C etc.) based on this we will issue a Short Validity Passport (SVP), once you get your valid visa status you can apply for Full Validity of Passport (FVP).

H1 or H4 extension pending status is a valid visa status for 240 days after the extension is filed. Just send the receipt notice for the I-539 or whatever as proof.

[waitin4gc]

Adding to what idliman said, once you use AP you are married to the I-140 through which you received your EAD/AP combo card. In other words, you can't interfile between EB-2 and EB-3 if you've downgraded. Say, you downgraded from EB2 -> EB3. Then went to India and came back on AP, you are on EB-3 forever and can't interfile on EB-2 again. So think twice before you use your AP. That's why its always better to maintain H1B until you get your GC to avoid all these headaches.

After using EB-2 EAD and or AP, why would interfile EB-2 to EB-3 be an issue if, all we are doing is asking USCIS to change the underlying I-140. Its not that we are Applying I-485, EAD & AP altogether again with new EB-3 I-140. Gurus please opine.

[sling10]

Then, I guess you can apply for i485 and then renew the passport.

Visit the below link and refer page 9 for the required documents for i485. The point 2. reads the following: -

https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

Government-Issued Identity Document with Photograph
All Form I-485 applicants should submit a photocopy of a government-issued identity document that has their
photograph. Typically, this will be your passport or similar document, even if the passport is now expired. It can also
be any other government-issued identity document such as a driver?s license or military identification document.


I guess the above instruction from US nails it. If they are accepting an expired passport, they will also accept a passport which is about to expire in 3-4 months from the I-485 filing. I think I will renew the passport only after filing 485 and after receiving the new I-94 with a longer expiry date. Thanks vsivarama !

[sling10]

Passport renewal has nothing to do with how long your I-94 is valid. If you are here on a legal status you can renew and you will get 10 yr valid passport. It doesn't depend on your validity of I-94.

For 485 filing, what you need is a valid passport on the date your application is received by USCIS. Lets says your passport is expiring on 6/3/2021 and your 485 reached on 6/2/2021. That's fine for your 485.

Not sure what the confusion is.

Thanks Transformer ! Yes, the USCIS instruction related to the passport pretty much explains it. I had not read it. They accept an expired passport as well, so should not be a problem with a passport that has an expiry date not more than 3-4 months later than the I-485 filing.

[sling10]

H1 or H4 extension pending status is a valid visa status for 240 days after the extension is filed. Just send the receipt notice for the I-539 or whatever as proof.

Thanks rsnake ! Just wanted to avoid the possibility of getting a short validity passport if the receipt notice is sent instead of the approval.

[srimurthy]

I guess the above instruction from US nails it. If they are accepting an expired passport, they will also accept a passport which is about to expire in 3-4 months from the I-485 filing. I think I will renew the passport only after filing 485 and after receiving the new I-94 with a longer expiry date. Thanks vsivarama !

You passport extension approval and the duration for which it is approved should not have any dependency on I-94. For Minors it will be extended for 5 years and for majors 10 years unless it is a tatkal I guess and in case of Tatkal I not sure how long the extension is approved.

[Dallas111]

Hi
I got my and my wife's green card and approval notice 2 weeks back. Today I got following email. I am surprised as I got both cards and notice in my mail box. Then what was USCIS trying to deliver. Pls advise


On May 14, 2021, the Post Office returned a notice we sent you for your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number lin1290343593, because they could not deliver it. This could have a serious effect on your case. Please go to www.uscis.gov/e-request to request a copy of the notice immediately. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
approval notice
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.

[msbmsb]

Thanks rsnake ! Just wanted to avoid the possibility of getting a short validity passport if the receipt notice is sent instead of the approval.

I think you are correct, The FAQs on Chicago CGI state the possibility of a short passport based on your situation.

That being said, You have time as the passport expires in 2022. I would recommend that you wait for a few months or so before you take a call. If it gets too close to expiry and you urgently need it you can go the tatkal route.

I recently got ours renewed, it was pretty quick and we'll within the time frames listed on CGI, although mine was in Houston.

Look at it from the worst case scenario, all you would need to do is an extra renewal. In the larger scheme of things this is a minor issue to resolve

[idliman]

Hi
I got my and my wife's green card and approval notice 2 weeks back. Today I got following email. I am surprised as I got both cards and notice in my mail box. Then what was USCIS trying to deliver. Pls advise

On May 14, 2021, the Post Office returned a notice we sent you for your Form I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS, Receipt Number lin1290343593, because they could not deliver it.
So you got a) Welcome Letter (Welcome to USA) and b)Green Card in two separate mails. As far as I know those are the two pieces that are sent to an applicant. The attorneys also get a courtesy copy of approval notice. So one of the three pieces did not get delivered. Maybe the attorney's mail bounced. You might be able to call USCIS and figure out why you are getting such a notification OR ask your attorney.

[Transformer]

Filed 485/131/765 for myself and spouse in October 2020 with late May 2011 PD as downgrade(without medicals). Application is at NSC and 140 not approved yet. Planning to apply for my son 485 (we missed last October) mostly Next month when FAD is current and also planning to upgrade 140 to PP in few days.

Question is : When we apply my son's AOS does this goes to our file at NSC? or they treated as separate applications and approved at different times or together as same package?

[vidya_garu]

Hello guys
My PD is August 13 2010 EB2 India. My recent perm got approved first week of May. I’ll be filing I140(regular , not a downgrade & hopefully premium)+ I485 concurrently in June. My H1B extension (+H4 , H4 EAD) will also be filed in June. My lawyer is suggesting 1 year H1b extension.
I’d like to get an idea as to what’s a good strategy to follow here. Some people (not my lawyer)are suggesting not to file for I485 EAD and AP, and apply for H4 EAD instead (as biometrics have been dropped) and add medicals to I485 to speed up the GC approval. What are your takes on this approach and could we tweak some of this ? I am looking for the optimal strategy here

[sling10]

I think you are correct, The FAQs on Chicago CGI state the possibility of a short passport based on your situation.

That being said, You have time as the passport expires in 2022. I would recommend that you wait for a few months or so before you take a call. If it gets too close to expiry and you urgently need it you can go the tatkal route.

I recently got ours renewed, it was pretty quick and we'll within the time frames listed on CGI, although mine was in Houston.

Look at it from the worst case scenario, all you would need to do is an extra renewal. In the larger scheme of things this is a minor issue to resolve

Since, it is not mandatory for the passport to be of a longer expiry date while filing the I-485, I am thinking of not renewing the passport prior to that. But, again, if I get my spouse's H4 renewal in the next month or so, I might still go ahead with the passport renewal. So, I will wait for some more time before taking a final call on this.

[idliman]

Hello guys
My PD is August 13 2010 EB2 India. My recent perm got approved first week of May. I?ll be filing I140(regular , not a downgrade & hopefully premium)+ I485 concurrently in June. My H1B extension (+H4 , H4 EAD) will also be filed in June. My lawyer is suggesting 1 year H1b extension.
I?d like to get an idea as to what?s a good strategy to follow here. Some people (not my lawyer)are suggesting not to file for I485 EAD and AP, and apply for H4 EAD instead (as biometrics have been dropped) and add medicals to I485 to speed up the GC approval. What are your takes on this approach and could we tweak some of this ? I am looking for the optimal strategy here
vidya_garu,
Your EB2I PD will be FA current in June 2021 VB. Your post has so many alarms. My suspicion is that your attorney / lawyer are scamming either you or your company.


H1B: I don't agree with 1 year H1B extension. You should ask for a 3 year extension. There is no extra fee that USCIS charges for a 1 year vs 3 year. Insist on a 3 year extension. H1B application is non-immigrant one. I-140 & I-485 are immigrant applications. They have different paths. You just have to make sure that your statuses are compatible. Getting a GC is not a joke. There is a process and lot of waiting time. Don't do H4 EAD. Instead do AOS EAD (see below)
I-140: You FA dates are current. Regular I-140 applications take 6+ months to approve now-a-days. So a premium will help. You can take the H4 EAD fees (see below) and apply to I-140 premium and instead apply for AOS EAD.
First GC AOS EAD does not have any fees. H4 EAD has fees. Why in the right frame of mind someone will file for H4 EAD and not GC EAD. Also GC EAD is law based and H4 EAD is rule based (and can be cancelled by an admin anytime). With GC EAD+AP, your dependent does not need to go for stamping. Your dependent does not need H4 status. However, the only issue is whether work status (EAD) will be issued before expiry of existing H4 EAD. AOS EAD will be processed faster when compared to H4 EAD. So a H4 EAD does not give any advantages other than donating fees to USCIS and the attorney.


Doing a H4 EAD instead of GC EAD is not smart. There are 4 reasons (see EAD thread). It is always advisable to have an AP in hand to avoid inadvertent I-485 cancellation.

I would file 3 year H1B, premium I-140, GC EAD+AP for both principal and dependent. Another option is you get your I-485 receipt notice and then do your EAD+AP application yourself. It is easy and we have a guide in EAD forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

The sooner you come to the understanding that some attorneys will provide advice that is monetarily beneficial to them (and not to you or your company) the better. Good Luck.

[vidya_garu]

Hello guys
My PD is August 13 2010 EB2 India. My recent perm got approved first week of May. I?ll be filing I140(regular , not a downgrade & hopefully premium)+ I485 concurrently in June. My H1B extension (+H4 , H4 EAD) will also be filed in June. My lawyer is suggesting 1 year H1b extension.
I?d like to get an idea as to what?s a good strategy to follow here. Some people (not my lawyer)are suggesting not to file for I485 EAD and AP, and apply for H4 EAD instead (as biometrics have been dropped) and add medicals to I485 to speed up the GC approval. What are your takes on this approach and could we tweak some of this ? I am looking for the optimal strategy here


vidya_garu,
Your EB2I PD will be FA current in June 2021 VB. Your post has so many alarms. My suspicion is that your attorney / lawyer are scamming either you or your company.


H1B: I don't agree with 1 year H1B extension. You should ask for a 3 year extension. There is no extra fee that USCIS charges for a 1 year vs 3 year. Insist on a 3 year extension. H1B application is non-immigrant one. I-140 & I-485 are immigrant applications. They have different paths. You just have to make sure that your statuses are compatible. Getting a GC is not a joke. There is a process and lot of waiting time. Don't do H4 EAD. Instead do AOS EAD (see below)
I-140: You FA dates are current. Regular I-140 applications take 6+ months to approve now-a-days. So a premium will help. You can take the H4 EAD fees (see below) and apply to I-140 premium and instead apply for AOS EAD.
First GC AOS EAD does not have any fees. H4 EAD has fees. Why in the right frame of mind someone will file for H4 EAD and not GC EAD. Also GC EAD is law based and H4 EAD is rule based (and can be cancelled by an admin anytime). With GC EAD+AP, your dependent does not need to go for stamping. Your dependent does not need H4 status. However, the only issue is whether work status (EAD) will be issued before expiry of existing H4 EAD. AOS EAD will be processed faster when compared to H4 EAD. So a H4 EAD does not give any advantages other than donating fees to USCIS and the attorney.


Doing a H4 EAD instead of GC EAD is not smart. There are 4 reasons (see EAD thread). It is always advisable to have an AP in hand to avoid inadvertent I-485 cancellation.

I would file 3 year H1B, premium I-140, GC EAD+AP for both principal and dependent. Another option is you get your I-485 receipt notice and then do your EAD+AP application yourself. It is easy and we have a guide in EAD forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

The sooner you come to the understanding that some attorneys will provide advice that is monetarily beneficial to them (and not to you or your company) the better. Good Luck.



Hello idliman
Thanks for the response. We have seen in this forum that some lawyers insist on a 1 year extension. Not to be defending my lawyer, but it appears to be a lawyer approach thing.
My lawyer didn?t insist on applying for H4 EAD in lieu of AOS EAD. The idea is that since my Final Action date is expected to be continuously current through Oct 2022, will it make my GC process faster by not applying for AOS EAD and AP. That was the idea.
Best regards