EB2-3 Predictions (Rather Calculations)

[idliman]

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
USCIS has trained its adjudicators for different types of applications. From my understanding the I485 applications need some expertise and training to adjudicate. Hence, it takes more time for I485 adjudication. The I765 applications on the other hand are more straightforward to approve (all you need is I485 receipt notice for C9P). From your reply, I understand that you are shooting for adjudicating I485 which is a good thing. However, I have no opinion on whether this is going to be a faster route to GC or not. If you have some points regarding how a 1 year H1B and other strategies are going to help a faster GC adjudication, please share. There are people waiting in the backlog for a long time and would love an insight.

I am of the opinion that one should cover their basics first. One should keep doing things like H1B renewal and EAD+AP renewals even if they *think* or *believe* that they are going to get GC in 2 months. Thankfully we are with an administration that is more reasonable to the previous one in immigration. Otherwise I would doubt that the PD movements only would have happened from June VB. Like all federal agencies USCIS takes directions from its politically appointed executives. They can change priority in the a blink of eye and start focussing on say asylum or DACA applicants instead of I-485. So, as immigrants one should do everything to make sure that they remain in status all the time. Good Luck.

[MKPD2015]

Hello Idliman and other seniors/experts,

My Priority Date is EB2 Nov 2015. Like many others I am trying to see when/what are the chances for my PD to get current in the next 2 years.
We all know we have 121k spillover for FY 21 and not all visas are going to be used before Sep 2021.
So far, in FY 2021, for Family Category under 226k limit, they have allocated approx 2500 visas until March 2021. still ~223k to go.
The consulates are open for Immigrant Visas now, but they are processing with limited resources and with a priority now. See below that USCIS published on Apr 30. I am sure many of you might have noticed already

https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html

FB category falls under tier3, EB under tier4. They will process Immediate Relative visas as priority and under tier 1 as you can read above. Which means, FB usage will be very low that we may get ~150k to 160k or even more. I know CO said there will be minimum of 135k, so I am trying to say that the number will be more than 150k for FY 2022(starting from FY 2021). If any bill passes that prevents the spillover then it is totally different discussion.

There are ~490k pending consular apps waiting for interviews. Please see the below tweet for more info.

https://twitter.com/doug_rand/status/1392858207605903361

So, as some are projecting here and in other platforms, if by Sep 2021, Covid magically disappears and everything became normal, How are they going to process all these pending applications at the consular posts worldwide? Even if they increase the resources to pre-covid level, wouldn't it take time to allocate visa interview slots and process all these according to the priority that USCIS mentioned above.

Where I am going with all this? The FB usage/visa number allocation will still be low into the Q1 of FY2022, i.e October to December 2021 because of huge pending visa applications at consular posts and that FB category is under tier 3.
So, I am expecting another spillover from FB to EB in Oct 2022 as well. I do not know how much it will be, but even if it is 20k, 30k or 50k additional spillover that would be good for EB2/EB3 2015 folks. Most probably EB1 still remains current by Oct 2022 unless there is a significant uptick in EB1 India apps between Oct 2021 and Oct 2022.

Please let me know your inputs or where potentially above scenarios could fail that would impact 2015 PDs.

[MKPD2015]

Hello Idliman and other seniors/experts,

My Priority Date is EB2 Nov 2015. Like many others I am trying to see when/what are the chances for my PD to get current in the next 2 years.
We all know we have 121k spillover for FY 21 and not all visas are going to be used before Sep 2021.
So far, in FY 2021, for Family Category under 226k limit, they have allocated approx 2500 visas until March 2021. still ~223k to go.
The consulates are open for Immigrant Visas now, but they are processing with limited resources and with a priority now. See below that USCIS published on Apr 30. I am sure many of you might have noticed already

https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html

FB category falls under tier3, EB under tier4. They will process Immediate Relative visas as priority and under tier 1 as you can read above. Which means, FB usage will be very low that we may get ~150k to 160k or even more. I know CO said there will be minimum of 135k, so I am trying to say that the number will be more than 150k for FY 2022(starting from FY 2021). If any bill passes that prevents the spillover then it is totally different discussion.

There are ~490k pending consular apps waiting for interviews. Please see the below tweet for more info.

https://twitter.com/doug_rand/status/1392858207605903361

So, as some are projecting here and in other platforms, if by Sep 2021, Covid magically disappears and everything became normal, How are they going to process all these pending applications at the consular posts worldwide? Even if they increase the resources to pre-covid level, wouldn't it take time to allocate visa interview slots and process all these according to the priority that USCIS mentioned above.

Where I am going with all this? The FB usage/visa number allocation will still be low into the Q1 of FY2022, i.e October to December 2021 because of huge pending visa applications at consular posts and that FB category is under tier 3.
So, I am expecting another spillover from FB to EB in Oct 2022 as well. I do not know how much it will be, but even if it is 20k, 30k or 50k additional spillover that would be good for EB2/EB3 2015 folks. Most probably EB1 still remains current by Oct 2022 unless there is a significant uptick in EB1 India apps between Oct 2021 and Oct 2022.

Please let me know your inputs or where potentially above scenarios could fail that would impact 2015 PDs.

[suninphx]

They can change priority in the a blink of eye and start focussing on say asylum or DACA applicants instead of I-485. So, as immigrants one should do everything to make sure that they remain in status all the time. Good Luck.

Completely agree. Just focus on basics. Apply for EAD/AP. Renew H1B. Don't *assume* anything. If someone would have told me it will take 9 more years for me to get GC in hand when my PD become current back in Feb 2012 I wouldn't have believed. (I was thinking 2 more years max.). Or if someone with PD of 05/01/2010 wouldn't have believed that it will take about 9 more years for his/her FD to be current. Things can change fast here. There can be a bill to stop FB to EB spillover for certain years. And believe me Congress can act fast for anything related to the family based immigration.

Here is paragraph from May 2012 Visa Bulletin (see the text in bold) and see how things turned out to be.



D. RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE

Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected. Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit. Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression. While corrective action has become necessary earlier than was anticipated based on the information available at the time cut-off dates were determined, it is hoped that readers are not caught off guard by this retrogression.

Should additional information regarding potential demand become available, it may be necessary to take additional corrective action at any time.

Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.

USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings based on the originally announced April cut-off date.

Please note I am posting all this not to scare any one. Neither I am saying this will happen this time around but no harm being proactively cautious IMO.

[vidya_garu]

USCIS has trained its adjudicators for different types of applications. From my understanding the I485 applications need some expertise and training to adjudicate. Hence, it takes more time for I485 adjudication. The I765 applications on the other hand are more straightforward to approve (all you need is I485 receipt notice for C9P). From your reply, I understand that you are shooting for adjudicating I485 which is a good thing. However, I have no opinion on whether this is going to be a faster route to GC or not. If you have some points regarding how a 1 year H1B and other strategies are going to help a faster GC adjudication, please share. There are people waiting in the backlog for a long time and would love an insight.

I am of the opinion that one should cover their basics first. One should keep doing things like H1B renewal and EAD+AP renewals even if they *think* or *believe* that they are going to get GC in 2 months. Thankfully we are with an administration that is more reasonable to the previous one in immigration. Otherwise I would doubt that the PD movements only would have happened from June VB. Like all federal agencies USCIS takes directions from its politically appointed executives. They can change priority in the a blink of eye and start focussing on say asylum or DACA applicants instead of I-485. So, as immigrants one should do everything to make sure that they remain in status all the time. Good Luck.

Hello idliman
Thanks for the response. I am trying to figure out an optimal strategy here. I?m infact tired of applying for H1 extensions. This one will be my 9th H1b, with multiple job changes and extensions. My recent most perm is a 3rd one , with the first one in 2008 that went to audit and rejected.
This time I?m confident that my date is close to the 2012 filers( which went to May 2010, and I was August 2010) and hence in the GC approvable zone. It was an agonizing 9 year wait on H1b , not able to file for AOS. My dad passed away during this period and i had to go a visa stamping after funeral.
Thanks for your insights. I?m just trying to look for freedom and move on with our lives.

[idliman]

Hello idliman
Thanks for the response. I am trying to figure out an optimal strategy here. I?m infact tired of applying for H1 extensions. This one will be my 9th H1b, with multiple job changes and extensions. My recent most perm is a 3rd one , with the first one in 2008 that went to audit and rejected.
This time I?m confident that my date is close to the 2012 filers( which went to May 2010, and I was August 2010) and hence in the GC approvable zone. It was an agonizing 9 year wait on H1b , not able to file for AOS. My dad passed away during this period and i had to go a visa stamping after funeral.
Thanks for your insights. I?m just trying to look for freedom and move on with our lives.
I am sorry to hear about how COVID has affected you personally. We are all affected by COVID although the level of suffering is different. It is little scarry to openup messages with photos in groups now-a-days. I know that you are frustrated and all backlogged people go through the pain. I have blown off some steam in this forum during stressful times. The most important thing is to be educated about the process and prepare us mentally for the marathon.

Freedom for backlogged people comes in different steps and levels:


1 year H1B Extension: File PERM 365 days before 6 year H1B (or a I-140 when PERM is not required).
3 year H1B Extension: Approved I-140.
File AOS: Get EAD+AP; Unrestricted employment. Get "AOS Pending" status. You will never go OOS again even if you lose H1 or job for a "brief" period.
File AOS and cross 180 days with the employer: AC21 protection. No more PERM and I-140 requirement, provided new job is "same or similar" category. You are in "Trishanku" status, neither on earth nor in heaven.
Get GC: You become a Permanent Resident. But you have to stay in US at least 6 months in a year.
Get Citizenship: 4 years 9 months after GC, you can apply for Citizenship.


Each step comes with its own level of freedom. The most significant jump is Step 4, although some people make uninformed decision after step 3.

I have told many to not think about step 5. Keep working step by step so that you keep climbing up. With Step 4, you are essentially a free agent. While you will be happy with Step 4 for a while, eventually like the 2012 filers, you will grow impatient after 9+ years.

You are with an extermenly knowledgable set of folks in this blog that are willing to help you make good logical choices.

As you are going to file AOS in 2 weeks, prepare for that. I would advise you to submit I-693 along with I-485 and not wait for a RFE. You will be FA current shortly. Also trying to speedup I-485 for your case competing with 300K backlogged folks is like beating the stock market. No one has figured this out, otherwise they will not be visitng this forum. Instead keep moving and a chance will openup for you eventually. Stay positive. Things will work out. Good Luck.

[vsivarama]

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

I will only concentrate on H4 and H4-EAD piece as idliman and others have addressed your other queries. Looks like your friends are suggesting to go with H4-EAD as biometrics have been dropped. May be the plan is to apply H1, H4 and H4-EAD altogether and have H1 in PP and thus hoping all 3 get approved within a month or so. This process used to happen before but has not seen the light of day since the last 3-4 years. So it's a big leap of faith that you are taking, if this is the thought process. I am a bird in the hand rather than 2 in the bush kind of guy. Over the last few years AOS-EAD processing times have been significantly faster than H4-EAD. So it makes more sense to apply AOS-EAD than H4-EAD IMO.

[MKPD2015]

I will only concentrate on H4 and H4-EAD piece as idliman and others have addressed your other queries. Looks like your friends are suggesting to go with H4-EAD as biometrics have been dropped. May be the plan is to apply H1, H4 and H4-EAD altogether and have H1 in PP and thus hoping all 3 get approved within a month or so. This process used to happen before but has not seen the light of day since the last 3-4 years. So it's a big leap of faith that you are taking, if this is the thought process. I am a bird in the hand rather than 2 in the bush kind of guy. Over the last few years AOS-EAD processing times have been significantly faster than H4-EAD. So it makes more sense to apply AOS-EAD than H4-EAD IMO.

Hi Sivarama, could you please take a look at my post above regarding 2015 date movement and let me know your thoughts? Thanks

[rsnake]

I cannot think of any reasons for requesting a one-year H1B extension except the rule that if your PERM is approved(or pending for more than a year) but I-140 is not, then you can only get a one year H1B extension. But if you had an approved I-140 with a previous employer(which you must have if your PD is in 2010) then you can file for 3 years. I think your lawyer is getting confused and thinking yours is the first PERM/I-140 like his other clients. This is frequently an issue with H1B renewals after 6 years where people have to file for 1 year because I-140 is not approved.

[gkjppp]

I cannot think of any reasons for requesting a one-year H1B extension except the rule that if your PERM is approved(or pending for more than a year) but I-140 is not, then you can only get a one year H1B extension. But if you had an approved I-140 with a previous employer(which you must have if your PD is in 2010) then you can file for 3 years. I think your lawyer is getting confused and thinking yours is the first PERM/I-140 like his other clients. This is frequently an issue with H1B renewals after 6 years where people have to file for 1 year because I-140 is not approved.

While I was on H1 as a consultant this happened to me 4 times. I always get approval for 1 year H1 B even though at times the client letter is open ender or for 3 years with approved I-140. It May be a training issue for the staff.

[Spectator]

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)


idli,

As the facts are stated, there is no option for a 3 year H1B extension.

A 3 year H1B extension is only available under AC21 when:

a) The I-140 is approved

AND

b) The PD is not current on the date USCIS receive the H1B extension request.

If the PD becomes current in June and the H1B extension is requested in June (as stated in the original post), then condition (b) cannot be met.

Assuming the above, the H1B request for a 3 year extension would have to be received by USCIS in May, otherwise only a 1 year extension would be available (if those conditions have been met).

[vsivarama]

Hello Idliman and other seniors/experts,

My Priority Date is EB2 Nov 2015. Like many others I am trying to see when/what are the chances for my PD to get current in the next 2 years.
We all know we have 121k spillover for FY 21 and not all visas are going to be used before Sep 2021.
So far, in FY 2021, for Family Category under 226k limit, they have allocated approx 2500 visas until March 2021. still ~223k to go.
The consulates are open for Immigrant Visas now, but they are processing with limited resources and with a priority now. See below that USCIS published on Apr 30. I am sure many of you might have noticed already

https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html

FB category falls under tier3, EB under tier4. They will process Immediate Relative visas as priority and under tier 1 as you can read above. Which means, FB usage will be very low that we may get ~150k to 160k or even more. I know CO said there will be minimum of 135k, so I am trying to say that the number will be more than 150k for FY 2022(starting from FY 2021). If any bill passes that prevents the spillover then it is totally different discussion.

There are ~490k pending consular apps waiting for interviews. Please see the below tweet for more info.

https://twitter.com/doug_rand/status/1392858207605903361

So, as some are projecting here and in other platforms, if by Sep 2021, Covid magically disappears and everything became normal, How are they going to process all these pending applications at the consular posts worldwide? Even if they increase the resources to pre-covid level, wouldn't it take time to allocate visa interview slots and process all these according to the priority that USCIS mentioned above.

Where I am going with all this? The FB usage/visa number allocation will still be low into the Q1 of FY2022, i.e October to December 2021 because of huge pending visa applications at consular posts and that FB category is under tier 3.
So, I am expecting another spillover from FB to EB in Oct 2022 as well. I do not know how much it will be, but even if it is 20k, 30k or 50k additional spillover that would be good for EB2/EB3 2015 folks. Most probably EB1 still remains current by Oct 2022 unless there is a significant uptick in EB1 India apps between Oct 2021 and Oct 2022.

Please let me know your inputs or where potentially above scenarios could fail that would impact 2015 PDs.

MK, You are on the right track on your research. I don't know how much more value I can add to the discussion. One thing I would caution against is PD being current is not equal to GC in hand. You can ask idliman, vedu or many other members in this forum who had to painstakingly wait 9 years after their PD became current in 2012. I am not saying that will happen this time with unprecedented FB numbers coming into EB, but a lot depends on USCIS processing of those cases without wasting visa numbers. FY2022 will get spillover close to 150K IMO and yes the next year there will be some too. But not expecting a lot from FB but mostly horizontal spillover from EB as ROW demand decreases. Historically after a recession or a shock event the ROW numbers decline for the next 2-3 years. I am not as hopeful for FB spillover, simply because if USCIS finds a way to process 100% of spillover in EB they can very well figure out a way to achieve the same efficiency in FB like using zoom based interviews etc. So my take is to wait for i485 pending inventory to be published (hope they go back to doing it) to get better numbers. Your priority now should be to make sure you file your AOS next year. You have a good chance of that happening if you can downgrade. My assumption at this point with scant data is EB2 maybe current till 1st Jan 2015 or till Mid 2015 (factoring in some wastage). Movement of EB3 is more tricky to predict but the probability is pretty high that it may cover your PD.

[MKPD2015]

MK, You are on the right track on your research. I don't know how much more value I can add to the discussion. One thing I would caution against is PD being current is not equal to GC in hand. You can ask idliman, vedu or many other members in this forum who had to painstakingly wait 9 years after their PD became current in 2012. I am not saying that will happen this time with unprecedented FB numbers coming into EB, but a lot depends on USCIS processing of those cases without wasting visa numbers. FY2022 will get spillover close to 150K IMO and yes the next year there will be some too. But not expecting a lot from FB but mostly horizontal spillover from EB as ROW demand decreases. Historically after a recession or a shock event the ROW numbers decline for the next 2-3 years. I am not as hopeful for FB spillover, simply because if USCIS finds a way to process 100% of spillover in EB they can very well figure out a way to achieve the same efficiency in FB like using zoom based interviews etc. So my take is to wait for i485 pending inventory to be published (hope they go back to doing it) to get better numbers. Your priority now should be to make sure you file your AOS next year. You have a good chance of that happening if you can downgrade. My assumption at this point with scant data is EB2 maybe current till 1st Jan 2015 or till Mid 2015 (factoring in some wastage). Movement of EB3 is more tricky to predict but the probability is pretty high that it may cover your PD.

Thank you very much for taking time and answering. Appreciate it.

[idliman]

idli,

As the facts are stated, there is no option for a 3 year H1B extension.

A 3 year H1B extension is only available under AC21 when:

a) The I-140 is approved

AND

b) The PD is not current on the date USCIS receive the H1B extension request.

If the PD becomes current in June and the H1B extension is requested in June (as stated in the original post), then condition (b) cannot be met.

Assuming the above, the H1B request for a 3 year extension would have to be received by USCIS in May, otherwise only a 1 year extension would be available (if those conditions have been met).
Spec, thank you for correcting my error. The fineprint did not cross my mind till you brought to my attention. Here's what the AC21 Memo, AD 08-06 says (https://www.uscis.gov/sites/default/files/document/memos/ac21_30may08.pdf):


Any petitioner seeking an H-1B extension on behalf of an H-1B alien beneficiary pursuant to ?104(c) of AC21 must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
...
Adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of the filing of the Form I-129 petition in which a request for an ?104(c) of AC21 H-1B extension request is made. If the H-1B alien beneficiary is shown to be ineligible to be granted lawful permanent resident status because of the per country visa limitations, then the H-1B extension request under the provisions of ?104(c) of AC21 may be granted for a maximum of three year increments, until such time as the alien?s application for adjustment of status has been processed and a decision made thereupon.

That explains the 1 year H1B extension when the FA PD is current.

[beagle]

Hello Idliman and other seniors/experts,

My Priority Date is EB2 Nov 2015. Like many others I am trying to see when/what are the chances for my PD to get current in the next 2 years.
We all know we have 121k spillover for FY 21 and not all visas are going to be used before Sep 2021.
So far, in FY 2021, for Family Category under 226k limit, they have allocated approx 2500 visas until March 2021. still ~223k to go.
The consulates are open for Immigrant Visas now, but they are processing with limited resources and with a priority now. See below that USCIS published on Apr 30. I am sure many of you might have noticed already

https://travel.state.gov/content/travel/en/News/visas-news/immigrant-visa-prioritization.html

FB category falls under tier3, EB under tier4. They will process Immediate Relative visas as priority and under tier 1 as you can read above. Which means, FB usage will be very low that we may get ~150k to 160k or even more. I know CO said there will be minimum of 135k, so I am trying to say that the number will be more than 150k for FY 2022(starting from FY 2021). If any bill passes that prevents the spillover then it is totally different discussion.

There are ~490k pending consular apps waiting for interviews. Please see the below tweet for more info.

https://twitter.com/doug_rand/status/1392858207605903361

So, as some are projecting here and in other platforms, if by Sep 2021, Covid magically disappears and everything became normal, How are they going to process all these pending applications at the consular posts worldwide? Even if they increase the resources to pre-covid level, wouldn't it take time to allocate visa interview slots and process all these according to the priority that USCIS mentioned above.

Where I am going with all this? The FB usage/visa number allocation will still be low into the Q1 of FY2022, i.e October to December 2021 because of huge pending visa applications at consular posts and that FB category is under tier 3.
So, I am expecting another spillover from FB to EB in Oct 2022 as well. I do not know how much it will be, but even if it is 20k, 30k or 50k additional spillover that would be good for EB2/EB3 2015 folks. Most probably EB1 still remains current by Oct 2022 unless there is a significant uptick in EB1 India apps between Oct 2021 and Oct 2022.

Please let me know your inputs or where potentially above scenarios could fail that would impact 2015 PDs.

I wish the immigration process is simple and void of all these predictions and trend analysis. But it is what it is. We have been talking about SO (Spill Over) and the rest since October 2020. Now is the time for CO and USCIS to act what we've been discussing all along. We know for a fact EB-1 to EB-2 spillover kicked in and helped move EB2 date past May 2010. But the next few visa bulletins leading up FY2022 are going to be super critical. This is the first time such a huge SO from FB (Family) is flowing into EB (Employment). I'm looking forward to the FY2021 report from USCIS around October which will give everyone valid data points to look into the future. Every single visa wasted is going to have a cascading effect. The ROW demand is another unknown which is forcing USCIS to apply the SO only in Q4 setting up the stage for potential wastage.

All I can say is, get your docs (birth certficate/marriage certificate, the rest) ready and wait for FY2022. If you decide to downgrade, talk to your employer and make sure everything is ok with them. Once USCIS publishes FY2021 report, you will have valid data points regarding downgrades and USCIS processing capacity of SO visas. Then you can predict EB2/EB3 movements with much more accuracy to plan your future. Hope this helps.

[vidya_garu]

Guys,
I have two questions
1- After AOS EAD is obtained , and 180 days after RD has passed. Can I take up parallel employment on EAD, while being on H1 with the petitioning employer?. I know we can work multiple jobs on AOS EAD, but my question is specific to H1B & AOS EAD in use simultaneously.

2- I understand that worksite location for same employer ( petitioner) can be changed after 180 days have passed on AOS and this doesn't require I485J. Does this mean, I have to be on AOS EAD or I could be on H1B

Thanks in advance

[Transformer]

Guys,
I have two questions
1- After AOS EAD is obtained , and 180 days after RD has passed. Can I take up parallel employment on EAD, while being on H1 with the petitioning employer?. I know we can work multiple jobs on AOS EAD, but my question is specific to H1B & AOS EAD in use simultaneously.

2- I understand that worksite location for same employer ( petitioner) can be changed after 180 days have passed on AOS and this doesn't require I485J. Does this mean, I have to be on AOS EAD or I could be on H1B

Thanks in advance

#1. You can’t be on both the status at the same time.
#2. Depends on the employment location mentioned in PERM. If they mentioned only one location then you may need 485J or if they mentioned multiple locations then you may not need 485J. This has nothing to do with if you want to be on H1 or AOS EAD.

[vsivarama]

1- After AOS EAD is obtained , and 180 days after RD has passed. Can I take up parallel employment on EAD, while being on H1 with the petitioning employer?. I know we can work multiple jobs on AOS EAD, but my question is specific to H1B & AOS EAD in use simultaneously.


I have heard some folks say that this is possible. I, however have not seen any USCIS ruling in regards to this. So even if possible it probably is a grey area. It's best to stay clear of grey areas this close to getting greened. Either be on H1 or switch over to EAD for multiple jobs.



2- I understand that worksite location for same employer ( petitioner) can be changed after 180 days have passed on AOS and this doesn't require I485J. Does this mean, I have to be on AOS EAD or I could be on H1B


This depends on your PERM. If you work for the direct client usually the PERM specifies a location the job is to be performed at. In that case you will need to file 485J supplement for any location change. If it's a consulting company, usually they have a specification in Perm which say "may work in unanticipated locations" (or something to that effect). In this case, there is no need to file 485J. However you will need to file H1B amendment if you chose to stay on H1.

[idliman]

Guys,
2- I understand that worksite location for same employer ( petitioner) can be changed after 180 days have passed on AOS and this doesn't require I485J. Does this mean, I have to be on AOS EAD or I could be on H1B
Thanks in advance
You are correct. AC21 portability is very broad. It allows work in the same or a different geographic location. It acknowledges that there are varying rates of pay in different geometric locations. The law talks about only "same or similar". USCIS service manual acknowledges work in a new location. IMO, you don't need a new I-485 J if you are doing the same job description with the same employer after 180 days of pending I-485.

However, H1B is for a specific employer for a specific job at specified locations. H1B would require an amendment if you move to a geographic location that is not specified in H1B. If you decide to keep working on H1B after getting EAD/AP, you need to maitain its validity. EAD by definition is "unrestricted open market employment". So does not need any more explanation.

[Viking]

Quick Question on Medicals. The 60 days rule for medical is only for submitting during the original application date. "To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application."

My application was file don Oct 20. Does the above statement means I can do my medical and keep ready whenever the Medical RFE is recd ( It won't expire in 60 days, it will have 2 year validity?

Guru's please provide your perspective. I want to get the medical done and keep ready so that I can respond the the RFE ASAP. Between I might be current in the next visa bulletin

[peterpan]

Quick Question on Medicals. The 60 days rule for medical is only for submitting during the original application date. "To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application."

My application was file don Oct 20. Does the above statement means I can do my medical and keep ready whenever the Medical RFE is recd ( It won't expire in 60 days, it will have 2 year validity?

Guru's please provide your perspective. I want to get the medical done and keep ready so that I can respond the the RFE ASAP. Between I might be current in the next visa bulletin

You cannot send in your I-693 Signed and sealed now (unless you receive an RFE). The form is valid for 60-days after signed by USCIS approved civil surgeon. Once it is received by USCIS (after issuing RFE or at time on initial I-485 filing) it is valid for 2-years. You have to wait until you receive the RFE (unless you want to take risk and confident that you will receive it in next 60 days).

[Viking]

the 60 days is only for intial submission package. Thats what my question is NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application."

The statement says 60 days earlier than underlying application which is 485 filed in October 2020, thereafter it does not mention that it has to be 60 days before sending for RFE response

[RVSree]

My PD is Apr-2011 (EB2-I), AOS application is pending over 180 days, EAD/AP is approved but not for H4 dependents (my son is in college). I have a potential job offer. Can someone please clarify the following points?


Should I consider joining new employer using EAD or H1-B transfer, if there are any known risks
Is it possible to downgrade by filing new I-140 in Eb3-I through new employer, without restarting GC process (i.e. filing new PERM)

[vsivarama]

My PD is Apr-2011 (EB2-I), AOS application is pending over 180 days, EAD/AP is approved but not for H4 dependents (my son is in college). I have a potential job offer. Can someone please clarify the following points?


Should I consider joining new employer using EAD or H1-B transfer, if there are any known risks
Is it possible to downgrade by filing new I-140 in Eb3-I through new employer, without restarting GC process (i.e. filing new PERM)


How old is your son? You may NOT want to use EAD until FAD is current so that your sons age is locked in. The moment you switch to EAD all dependents (non US citizens) are force to AOS status and no longer are in H4. Having an underlying status of H4 is important for your son in case he is close to ageing out. He cannot change status from AOS-EAD to F1 (it's risky) but he can from H4-F1 if need be.

[peterpan]

the 60 days is only for intial submission package. Thats what my question is NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application."

The statement says 60 days earlier than underlying application which is 485 filed in October 2020, thereafter it does not mention that it has to be 60 days before sending for RFE response

You can go check other forums. If what you are saying is true, the 2012 filers who are not greened yet and became currently in Feb'21 to April' 21 would be sending I-693 (original expired after 2 years) without RFE assuming USCIS will accept them and no new RFE for medicals will be sent. If you are confident to receive RFE within 60 days of you getting I-693 signed then you should be fine.

[RVSree]

How old is your son? You may NOT want to use EAD until FAD is current so that your sons age is locked in. The moment you switch to EAD all dependents (non US citizens) are force to AOS status and no longer are in H4. Having an underlying status of H4 is important for your son in case he is close to ageing out. He cannot change status from AOS-EAD to F1 (it's risky) but he can from H4-F1 if need be.

Thanks for sharing a valuable point, my son is running 20.

I was thinking that my PD (Apr-2011, EB2) will become current by coming July/Aug-2021 VB under FAD chart, hence his age will be locked and need not switch to F1 later, this is regardless of whether we will receive GC or not before Sep-2021 subject to the USCIS processing capabilities. Please clarify.

[vsivarama]

Thanks for sharing a valuable point, my son is running 20.

I was thinking that my PD (Apr-2011, EB2) will become current by coming July/Aug-2021 VB under FAD chart, hence his age will be locked and need not switch to F1 later, this is regardless of whether we will receive GC or not before Sep-2021 subject to the USCIS processing capabilities. Please clarify.

Looks like you are already aware of the intricacies involved here. I too believe that you will be current in July/Aug, and I will have that probability at 99%. But, I still wanted to give an ultra pessimistic view of the 1% because if the worst case came to fruition unfortunately you and your family will be on the hook for it. Your son's age is locked the first day, the FAD is current for you (provided your i140 is already approved). After that, it does not matter if the dates retrogress or if you get your GC after 10 years, your son will be protected. Since you mentioned H1 transfer, if the new employer is willing to do that I would say you should prefer to be on H1. This is one place where the reward (switching to EAD) is not worth the risk (Son ageing out without a path to F1) however less it is in IMO.

[texas_]

Hi Gurus;
Do USCIS conducts Interviews now a days before approving I-485 for applications filed post March 2017?

[vidya_garu]

Hi Gurus;
Do USCIS conducts Interviews now a days before approving I-485 for applications filed post March 2017?

I'm not a guru, but it appears that interviews are rarely being scheduled in order to consume the numerous GCs available

[MKPD2015]

Hi Gurus;
Do USCIS conducts Interviews now a days before approving I-485 for applications filed post March 2017?

Hello, I have seen people post that they got GC without interviews.
These folks filed for the first time in October 2020.
There is not a specific rule or pattern that USCIS is following.

[AceMan]

Thanks for sharing a valuable point, my son is running 20.

I was thinking that my PD (Apr-2011, EB2) will become current by coming July/Aug-2021 VB under FAD chart, hence his age will be locked and need not switch to F1 later, this is regardless of whether we will receive GC or not before Sep-2021 subject to the USCIS processing capabilities. Please clarify.

With an approved 140, for CSPA to be active all you need is the date to be current in Final action. So yes, if your PD is current under final action date in July21 bulletin with an approved 140, your kid is safe.

[AceMan]

Hi Gurus;
Do USCIS conducts Interviews now a days before approving I-485 for applications filed post March 2017?

People are getting greened without interviews now. Just like Biometrics for H4/L2, the enforcement of AOS interview was just a pretext to delay the process for eligible people.

[vidya_garu]

People are getting greened without interviews now. Just like Biometrics for H4/L2, the enforcement of AOS interview was just a pretext to delay the process for eligible people.

Hello Ace man
What RFE did you receive in April ?

[mrperfect]

June VB is out: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html, EB2 FAD moved by 4 months and EB3 by 9 months

[inspired_p]

June VB is out: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html, EB2 FAD moved by 4 months and EB3 by 9 months

Awesome news ! Now the excruciating wait for an action on the file ( RFE /card production) begins for many..

[aGCHopefull]

June VB is out: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html, EB2 FAD moved by 4 months and EB3 by 9 months

Great news, congratulations to everyone who became current with June Visa Bulletin!

[android09]

Great news, congratulations to everyone who became current with June Visa Bulletin!

Also, please note that EB2 Filing dates moved forward by 2.5 months to Aug 1, 2011 which means the initial estimate of Charlie was an undercount.

[sling10]

June VB is out: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html, EB2 FAD moved by 4 months and EB3 by 9 months

Also, the DOF has moved from 15MAY2011 to 01AUG2011. What does that movement mean if USCIS is going to accept only the dates in the FAD chart ? Does it mean that the FAD will reach 01AUG2011 by Sept 30 2021 ?

[Viking]

Urgent question gurus. My fad is current, my family has to travel in couple of weeks for couple of months> the travel is unavoidable.

Are we ok to travel while our fad is current?

[android09]

Urgent question gurus. My fad is current, my family has to travel in couple of weeks for couple of months> the travel is unavoidable.

Are we ok to travel while our fad is current?

Do you have your EAD and more importantly Advance Parole ?

[AceMan]

Hello Ace man
What RFE did you receive in April ?

For Birth certificate, you can see the details here https://www.qesehmk.org/forums/showthread.php/2950-Application-Status/page5

[Viking]

Yes, we have that

[Viking]

yes, we have that

[cool_dude]

Looks like i will be current next month but my downgrade eb3 i140 is still pending..my priority date is may 2011.
Premium process request was rejected this month...asked us to retry after 30 days...
would i miss getting gc this year?

[Viking]

Gurus please respond

[srimurthy]

Thanks for sharing a valuable point, my son is running 20.

I was thinking that my PD (Apr-2011, EB2) will become current by coming July/Aug-2021 VB under FAD chart, hence his age will be locked and need not switch to F1 later, this is regardless of whether we will receive GC or not before Sep-2021 subject to the USCIS processing capabilities. Please clarify.

One Q, doesn't having an EAD and AOS status allow the kid to go to college on EADs and no need to switch to F1?

[incredible]

One Q, doesn't having an EAD and AOS status allow the kid to go to college on EADs and no need to switch to F1?

June VB released. EB2 : FAD 12/01/2010, FD : 08/01/2011
EB 3 : FAD : 11/01/2011, FD : 01/01/2014

[SG2020]

Looks like i will be current next month but my downgrade eb3 i140 is still pending..my priority date is may 2011.
Premium process request was rejected this month...asked us to retry after 30 days...
would i miss getting gc this year?

In the same boat (PD: May 17, 2011). Applications including the EB2 to EB3 downgrade were received on Nov 4, 2020 and notifications on Feb 11, 2021. No other communication/updates or notices since then. Would love to hear anyone's informed realistic assessment here for getting EAD or GC this fiscal year.

[Justmyself]

June VB released. EB2 : FAD 12/01/2010, FD : 08/01/2011
EB 3 : FAD : 11/01/2011, FD : 01/01/2014

So, after a decade long of wait we are finally current. What should we be doing now? We had our biometrics 2 months back and we submitted the medicals/supplement J along with the original application.
It?s a direct application and 140 was approved 10 yrs back. Still with the same employer.

[bikenlalan]

Urgent question gurus. My fad is current, my family has to travel in couple of weeks for couple of months> the travel is unavoidable.

Are we ok to travel while our fad is current?

If you have EAD/AP combo card, then it should be okay to travel back even though your dates are current. You will be undergoing additional check at the immigration by using AP, and if your GC is approved by then, you can mention that to the IO, and probably they let you enter with I-551 stamp in the passport. But more or less with AP you should be able to enter with no issues. Again please consult with you Attorney before making any decisions.

[RVSree]

One Q, doesn't having an EAD and AOS status allow the kid to go to college on EADs and no need to switch to F1?

Was about to ask the same question.

As the age will be locked on the day the PD is current under FAD chart, my son can continue to be on AOS pending status until GC is received and I don't see a reason for switching to F1.

So, the question is: Is there any law/rule that compels him to switch to a non-immigrant visa such as F1 and not remain on AOS pending status with EAD, once he turns 21?

[donkeykong]

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

[EB22010Dec]

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

I think you will get approval next month. I am in the same shes and only filed perm a couple of months ago.
Cant wait for this torture to end.

[incredible]

So, after a decade long of wait we are finally current. What should we be doing now? We had our biometrics 2 months back and we submitted the medicals/supplement J along with the original application.
It?s a direct application and 140 was approved 10 yrs back. Still with the same employer.

If everything is submitted, then nothing else to do and hang tight. Depending on which service center, there are wide fluctuations on processing.

[beagle]

If you have EAD/AP combo card, then it should be okay to travel back even though your dates are current. You will be undergoing additional check at the immigration by using AP, and if your GC is approved by then, you can mention that to the IO, and probably they let you enter with I-551 stamp in the passport. But more or less with AP you should be able to enter with no issues. Again please consult with you Attorney before making any decisions.

Since you alread have EAD/AP and maintaining H1 status, going to India and coming back shouldn't be a problem except for the travel restrictions. One more thing I can think of is RFE for medicals. I hope you received it and submitted the RFE response. This is one thing your spouse can't do it from India and must be here in the US. The next risk is what if you are asked to come for an interview ? I doubt it but you never know. Interview is being waived and everyone is getting the GC directly without any drama. So you should be fine. Talk to your attorney before flying out and keep them updated about your travel plans.

Good luck.

[texas_]

Thanks for the responses Ace and others.
Regards
J

[abcx13]

Looks like i will be current next month but my downgrade eb3 i140 is still pending..my priority date is may 2011.
Premium process request was rejected this month...asked us to retry after 30 days...
would i miss getting gc this year?

I'm not sure anyone can predict. My EB2 PD is 9/2012, i.e. not current yet, but my EB3 I140 + 485 concurrent filing has been pending since 10/30/2020. Received receipt notices in early Feb and nothing since then. No biometrics appointment, nothing.

Application is at Lincoln, Nebraska Service Center and the I140 and I131 forms are now past the case processing timeline on the USCIS website. I filed a SR online two weeks ago and only got a reply saying they are in the queue to be reviewed and I should call if I don't hear anything in the next 60 days.

I am hoping that either my 140 is adjudicated by the time the EB3 FAD reaches my PD (hopefully in 2-3 months if EB3 FADs continue advancing at the current rate) OR that they adjudicate the I140 and 485 at the same time when the PD date is current under FAD and straightaway issue the GC instead of EAD/AP. If that is why they are waiting to work on my I140, then I wouldn't complain, but of course, with USCIS one can never know. :(

Been with the same employer for 8 years.

[jkseth]

Good morning experts,
I have been a reader of this forum since 2018 and learnt a lot. Finally, things seem to be moving in a good direction for me and that raises few questions and uncertainty - need expert input here.

My situation:
Priority Date - 21 Feb 2011 (India EB2).
Been with my current employer since 2007 and finally filed 486/765/131 Oct 2020 when I was current as per 'Date of Filing'.
I am still waiting for my fingerprinting notice, however my dependents just received the notices.
I have accepted an offer from another company and they are currently working on my H1B transfer.
Since my 485 (filed in Oct 2020) has been pending for more than 180 days, I should be able to leverage AC21 and my new employer should not require to file a new PERM & I-140.
At this point, I am committed to starting with the new employer around mid July. Planning to have my last day with my current employer on 6/30. Take a couple weeks break and join the new employer around 7/15.

Given the recent movement in EB2, there is a very good chance that I will be current (FAD) in July VB.

Questions:
If I become current (FAD) in July - can my new employer file necessary forms within the first week of me joining? Please note that I will have no employer between 7/1 and 7/15.
Given I haven’t received a fingerprinting notice yet, would it be a problem if I don’t get it before leaving my current employer?
My current employer is willing to submit an EB2->EB3 downgrade. I don't think my downgrade application will be processed in another 1.5 months (before I leave). Are there any downsides to having a pending downgrade application while H1B transfer is in progress?

[sstest]

Congrats to those who are current and to those who are getting greened. Great to see the change in mood.

EB3 to EB2 downgrade here - filed for EB3 I-140 and I-485 in Oct.

Have we seen USCIS issue medical RFE even if I-140 pending approval?

[Zenzone]

Quick questions folks, Can we send medicals without an RFE.

[incredible]

Quick questions folks, Can we send medicals without an RFE.

Yes you can. But it may be better to wait for an RFE as this will also initiate a need for generating RFE.

[Zenzone]

Yes you can. But it may be better to wait for an RFE as this will also initiate a need for generating RFE.

Thanks! what do you mean by "this will also initiate a need for generating RFE"? Are they waiving medicals and approving directly these days?

[vidya_garu]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards

[Zenzone]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards

What's the 180 day clock btw.

[vidya_garu]

What's the 180 day clock btw.

180 day pending for AOS to avail of AC21 benefits, if GC isn't issued by then

[Zenzone]

180 day pending for AOS to avail of AC21 benefits, if GC isn't issued by then

Medicals have no bearing on that. As long as you filed and got receipted, your clock starts from the application received date printed on your I-485 receipt.

[vidya_garu]

Medicals have no bearing on that. As long as you filed and got receipted, your clock starts from the application received date printed on your I-485 receipt.

I understand that. My question was , will I be able to get my medicals done and have the AOS package reach USCIS by June 1

[Kesid23]

What's the 180 day clock btw.

Yes, it is okay to send the applications without the medicals. You can respond with the medicals when you receive an RFE. Medicals can take anywhere from 5 to 10 days to be completed, depending on your civil surgeon and also if you need a chest X- ray to be done and so on.

Depending on which center is processing your case, who your officer is, how soon you get an RFE and how soon you respond after the RFE, the green card approval may take a little longer if you submit the application without the medicals.

[Zenzone]

I understand that. My question was , will I be able to get my medicals done and have the AOS package reach USCIS by June 1

Yes. You should be able to as far as the appointment are available with physicians in the area.

[Transformer]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

[sling10]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

I have the same question which I posted earlier. I have posted the same question to Charlie as well for his YouTube live on Monday.

[MKPD2015]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

USCIS have to accept/honor the filing dates, they haven't updated their website if they are accepting filing dates yet for June bulletin, but hopefully they will accept the filing date of Aug 11.

[idliman]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards
Congratulations. Its a great feeling to reach this milestone. If your Final Action date is current, my advice would be to submit the I-693 along with I-485. This way when everything checks out, the Adjudicating Officer (AO) will approve your GC immediately. If you defer submitting I-693, then you will definitely get a RFE which will increase the processing time by say +3 months. Just focus your energy on getting all the supporting info for I-485 and I-693. Double and triple check the forms sent by the attorneys for signature.

[incredible]

Thanks! what do you mean by "this will also initiate a need for generating RFE"? Are they waiving medicals and approving directly these days?

In some service centers like TSC, folks have been current in FAD for anywhere from 3 to 6 months with nothing from USCIS. This is because there is nothing USCIS requires from the candidates, but they just did not process in any specific order. By not having medicals, it is possible to get an RFE and getting RFE is a great sign these days as it means the file has been looked at by an officer.

[incredible]

In some service centers like TSC, folks have been current in FAD for anywhere from 3 to 6 months with nothing from USCIS. This is because there is nothing USCIS requires from the candidates, but they just did not process in any specific order. By not having medicals, it is possible to get an RFE and getting RFE is a great sign these days as it means the file has been looked at by an officer.

But that being said, there could also be counter argument to this. Having everything with USCIS including medicals will probably help to get GC directly. Without medicals, no GC can be issued. I have not come across cases of GC being issued without medicals.

[sstest]

Congrats to those who are current and to those who are getting greened. Great to see the change in mood.

EB3 to EB2 downgrade here - filed for EB3 I-140 and I-485 in Oct.

Have we seen USCIS issue medical RFE even if I-140 pending approval?

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?

[delguy]

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?

I doubt they will touch the I-485 application until I-140 is approved.

[abcx13]

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?


I doubt they will touch the I-485 application until I-140 is approved.

You could try sending a request for premium processing on the I140 along with medicals in the hope that they process it all together and issue your GC straight away?

[LeoAugust]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..

[incredible]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..

If they do have H1 and stamped, they need not worry about anything and go. While 131 is invalidated, they can re-file 131 after coming back. IF there is no H1, this is tricky situation. Without approved 131, it is not advisable to travel and also travel will invalidate 131. No issues will come for 485/765 though, but if they get an RFE or something they need to be physically in the US to respond quickly though.

[LeoAugust]

If they do have H1 and stamped, they need not worry about anything and go. While 131 is invalidated, they can re-file 131 after coming back. IF there is no H1, this is tricky situation. Without approved 131, it is not advisable to travel and also travel will invalidate 131. No issues will come for 485/765 though, but if they get an RFE or something they need to be physically in the US to respond quickly though.

Thanks... He is on L1. I will pass on the message.

[mitul75]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..
Hi, You can also try expediting I-131 through local field office sighting family emergency. This has the quickest turnaround time, and normally your AP travel doc gets issued the same day. Be prepared to show them proof of emergency, i.e., doctor certificate, medical reports, etc. of the ailing family member back in India. However, please note that till the travel ban is in place, returning from India may be a challenge without US Citizenship or GC, unless you have a minor child who is an American citizen.

[gsingh]

Question regarding biometrics -
My I-140/485 were filed 10/30/2020 with TSC and we have not received the biometrics appointment yet. I understand there are other applicants waiting just like me. However in some cases USCIS is able to reuse existing biometrics.
My question is, does USCIS notify the applicants or update the case status when they reuse biometrics ?

- Thanks

[android09]

Question regarding biometrics -
My I-140/485 were filed 10/30/2020 with TSC and we have not received the biometrics appointment yet. I understand there are other applicants waiting just like me. However in some cases USCIS is able to reuse existing biometrics.
My question is, does USCIS notify the applications or update the case status when they reuse biometrics ?

- Thanks

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

[maverick2010]

Any idea when RFE for medicals would be sent after FAD becomes current? Looks like before OCT'20, it is usually the same month an applicant becomes current.

[gsingh]

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

Thanks android09.

[Zenzone]

But that being said, there could also be counter argument to this. Having everything with USCIS including medicals will probably help to get GC directly. Without medicals, no GC can be issued. I have not come across cases of GC being issued without medicals.

Okay. Now I understand the point you make. Its a million $ question on when the RFE will arrive but I think there has been a general uptrend in recent weeks though.

[Noesis]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?

[bikenlalan]

Any idea when RFE for medicals would be sent after FAD becomes current? Looks like before OCT'20, it is usually the same month an applicant becomes current.

You should expect RFE for medicals anytime as your date will be current next month. NBC has been pretty good in sending out RFE even before the dates become current. Have you received your 485j receipt?
As tracked lately, people with MSC21904* series have started to receive 485j and RFEs if their dates are or going to be current soon.

[bikenlalan]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?
USCIS requests visa number from the pool when your application is complete and documentary qualified for approval. I think it is safe to say, that if you receive approval in October of 2021, it will be coming out of next FY pool of numbers.

[dharmindesai]

idli,

As the facts are stated, there is no option for a 3 year H1B extension.

A 3 year H1B extension is only available under AC21 when:

a) The I-140 is approved

AND

b) The PD is not current on the date USCIS receive the H1B extension request.

If the PD becomes current in June and the H1B extension is requested in June (as stated in the original post), then condition (b) cannot be met.

Assuming the above, the H1B request for a 3 year extension would have to be received by USCIS in May, otherwise only a 1 year extension would be available (if those conditions have been met).

Spec/Idliman,

Can you please help me understand my situation better and if or when should I start getting worried.

My PD is Nov 2010 (just got current). However, my employer is yet to file perm. My H1B validity is until July 2022. Will I be able to keep extending the H1B 1 year at a time until I get EAD/GC or is there a cut-off? Also, any issues/implication with my spouses' H4-EAD, that need to be considered.

Being in a non-IT field, all my managers, including present one, have been too busy to listen or care about my GC situation (keep punting inquiries to HR who punt it to lawyers with the effect that it takes weeks to get response to one email). Ironically, the one manager/Job where I had the worst experience was when my Perm and I-140 were quickly submitted and approved (within a year of joining). I haven't helped it either by not sticking to a job for more than 2-3 years at a time (I had taken one of Q's advise to heart - make decisions based on career and not immigration options:))

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!

[msbmsb]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?

I believe the applicant is counted against the pool from which the Visa number is requested. If the request into the pool occurs in Oct it will be against the next FY

[idliman]

Spec/Idliman,

Can you please help me understand my situation better and if or when should I start getting worried.

My PD is Nov 2010 (just got current). However, my employer is yet to file perm. My H1B validity is until July 2022. Will I be able to keep extending the H1B 1 year at a time until I get EAD/GC or is there a cut-off? Also, any issues/implication with my spouses' H4-EAD, that need to be considered.

Being in a non-IT field, all my managers, including present one, have been too busy to listen or care about my GC situation (keep punting inquiries to HR who punt it to lawyers with the effect that it takes weeks to get response to one email). Ironically, the one manager/Job where I had the worst experience was when my Perm and I-140 were quickly submitted and approved (within a year of joining). I haven't helped it either by not sticking to a job for more than 2-3 years at a time (I had taken one of Q's advise to heart - make decisions based on career and not immigration options:))

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!
Reg. H1B:
You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. In your case as FA dates are current. So, you will be eligible only for a 1 year H1B extension.

As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. So extending H1B is not at all an issue, although doing it in 1 year increments is a pain.

Reg. H4 and H4 EAD:
H4 EAD goes with H1 eligibility after 6 years.

Reg. GC:
Your PD is Nov 2010. Whether you are EB2I or EB3I queue does not matter and your PD will be FA current in the immediate future and I don't see PDs retrogressing for you.

You should start the PERM immediately. The process of getting prevailing wage and PERM approved will easily take 1 year. So the best case scenario for you is that you start immediately and hopefully you can file I-140 and I-485 concurrently by say June 2022. If there is a PERM audit, then it will delay this timeframe. You are in a state where you should not make decisions based on career, immigration takes preference. In fact, I would have told you to stay put in the job immediately after DT lost the election. Stay in the current job at least another 1.5 years to file I-140. After filing I-140 & I-485, you should remain in the job for another 180 days for AC21 job portability protections. So you should not think of job change for at least another 2 years.

You have not said anything about previous PERM and previous I-140. I guess you have a H4 EAD via approved I-140. A PERM is valid only if a I-140 was filed within 180 days of its approval. Was the I-140 approved or Denied? If I-140 is denied, your PD is lost (Some may file new I-140, but you are not working for that employer now). Has it been 180 days since the I-140 was approved for the previous employer? If it has been 180 days since I-140 was approved, you are safe even if the previous employer withdraws the I-140. However, if there is any fraud or misrepresentation involved, the older PD retention requests will not be valid. An I-140 is job and employer specific unless the new company is successor-in-interest.

Obviously I have given you a lot of info above, because your questions is very open ended. Good Luck.

[maverick2010]

You should expect RFE for medicals anytime as your date will be current next month. NBC has been pretty good in sending out RFE even before the dates become current. Have you received your 485j receipt?
As tracked lately, people with MSC21904* series have started to receive 485j and RFEs if their dates are or going to be current soon.

I still haven't received the i-485j receipt.

[dharmindesai]

Reg. H1B:
You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. In your case as FA dates are current. So, you will be eligible only for a 1 year H1B extension.

As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. So extending H1B is not at all an issue, although doing it in 1 year increments is a pain.

Reg. H4 and H4 EAD:
H4 EAD goes with H1 eligibility after 6 years.

Reg. GC:
Your PD is Nov 2010. Whether you are EB2I or EB3I queue does not matter and your PD will be FA current in the immediate future and I don't see PDs retrogressing for you.

You should start the PERM immediately. The process of getting prevailing wage and PERM approved will easily take 1 year. So the best case scenario for you is that you start immediately and hopefully you can file I-140 and I-485 concurrently by say June 2022. If there is a PERM audit, then it will delay this timeframe. You are in a state where you should not make decisions based on career, immigration takes preference. In fact, I would have told you to stay put in the job immediately after DT lost the election. Stay in the current job at least another 1.5 years to file I-140. After filing I-140 & I-485, you should remain in the job for another 180 days for AC21 job portability protections. So you should not think of job change for at least another 2 years.

You have not said anything about previous PERM and previous I-140. I guess you have a H4 EAD via approved I-140. A PERM is valid only if a I-140 was filed within 180 days of its approval. Was the I-140 approved or Denied? If I-140 is denied, your PD is lost (Some may file new I-140, but you are not working for that employer now). Has it been 180 days since the I-140 was approved for the previous employer? If it has been 180 days since I-140 was approved, you are safe even if the previous employer withdraws the I-140. However, if there is any fraud or misrepresentation involved, the older PD retention requests will not be valid. An I-140 is job and employer specific unless the new company is successor-in-interest.

Obviously I have given you a lot of info above, because your questions is very open ended. Good Luck.

Hi Idliman; thank you so much for responding so quickly and providing the detailed info and sorry for not giving too much detail before. Your responses have definitely made me feel much better.

Regarding my Perm and I-140; pretty sure the I-140 was filed within 180 days of approval (not sure of the I-140 filing dates but know that they were done back to back in 2010-2011). Also, the I-140 application was approved when first filed (i.e. only applied once in 2011 and got approval). Since then I have changed jobs a few times and the attorneys at each place have used that I-140 for H1 transfer or for H4 EAD for my wife (we have been able to renew her H4 EAD since 2015 without any issues until now). Attorneys at current employer said that I need to restart the GC process beginning from perm but they will be able to capture the original PD date of November 2010. I have taken your advise to heart about prioritizing the perm application and not looking to switch jobs. Only issue is the attorneys have been very very slow to respond and kept saying until now to not worry about getting current for a while. I last contacted them yesterday so would be a miracle if I hear back from them before next VB :D

Thanks once again for the help! I am in US since 2004; working on OPT/H1 since 2006 continuously and have to admit following this message board has helped me a lot in overcoming my immigration related anxieties - and looks like it will be few more years before they will end :)

[idliman]

Only issue is the attorneys have been very very slow to respond and kept saying until now to not worry about getting current for a while. I last contacted them yesterday so would be a miracle if I hear back from them before next VB :D

I am in US since 2004; working on OPT/H1 since 2006 continuously
The only way to get through this situation is to call and email them every day without any shame. Tell your story to attorney, HR and manager and play sympathy or some other emotional intelligence card. Completely take off your ego and go after chasing the PERM till it gets submitted to DOL. There is no other way to get this done. I understand how difficult it is to work in a system that is not aware of immigration. The great thing for you is the Nov 2010 PD. Work with your manager or HR to feed them all the input required by the attorneys. Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

[iamdeb]

USCIS will use FAD for EB category in June for purposes of applying for adjustment of status...what is the point of CO advancing the Filing Date when USCIS is not going to honor it at all.......
CO mentioned in May check-in to check USCIS site if they will accept filing date going forward....
however, looks like USCIS doesn't want to do any work......
this USCIS decision to only honor FAD doesn't make any sense........

[Noesis]

USCIS requests visa number from the pool when your application is complete and documentary qualified for approval. I think it is safe to say, that if you receive approval in October of 2021, it will be coming out of next FY pool of numbers.

Thank you.!


I believe the applicant is counted against the pool from which the Visa number is requested. If the request into the pool occurs in Oct it will be against the next FY

Thank you.!

[AceMan]

USCIS will use FAD for EB category in June for purposes of applying for adjustment of status...what is the point of CO advancing the Filing Date when USCIS is not going to honor it at all.......
CO mentioned in May check-in to check USCIS site if they will accept filing date going forward....
however, looks like USCIS doesn't want to do any work......
this USCIS decision to only honor FAD doesn't make any sense........

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

[mitul75]

Spec/Idliman,

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!

Since you need to restart the PERM process anyway, I don't see why you cannot find a new job and negotiate getting the PERM started right away as part of your joining package. Not saying it's going to be easy, but getting the ball rolling somehow should be at the top of your list. So either convince your manager/HR/lawyer to kick-start the process at your current company, or find a new employer who is willing to do so immediately.

[waiting-forever]

Idli, did you receive the physical card?

My situation,
I have submitted my RFE Response last week, and the status is changed to response received today.

In my case status changed to "We ordered your new card" exactly after 2 weeks of receiving the RFE response at Texas Service center and 3 days after it, card was mailed to me.

[dharmindesai]

The only way to get through this situation is to call and email them every day without any shame. Tell your story to attorney, HR and manager and play sympathy or some other emotional intelligence card. Completely take off your ego and go after chasing the PERM till it gets submitted to DOL. There is no other way to get this done. I understand how difficult it is to work in a system that is not aware of immigration. The great thing for you is the Nov 2010 PD. Work with your manager or HR to feed them all the input required by the attorneys. Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

Thanks Idli; point taken. My manager is way too calm/super chill; just have to find a way to penetrate his Iron Dome system :D

[dharmindesai]

Since you need to restart the PERM process anyway, I don't see why you cannot find a new job and negotiate getting the PERM started right away as part of your joining package. Not saying it's going to be easy, but getting the ball rolling somehow should be at the top of your list. So either convince your manager/HR/lawyer to kick-start the process at your current company, or find a new employer who is willing to do so immediately.

Thanks and agreed. Status-quo seems to be no more an option :(

[suninphx]

Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

Very very bad example Idli !

[AceMan]

In my case status changed to "We ordered your new card" exactly after 2 weeks of receiving the RFE response at Texas Service center and 3 days after it, card was mailed to me.

I will be current only on June 1st.

[qesehmk]

Thanks Idli; point taken. My manager is way too calm/super chill; just have to find a way to penetrate his Iron Dome system :D

Dharmin - I haven't read every single post or detail but if I understand your situation correctly then the lawyers are delaying something where there is apparently no reason to delay.

I'd say tread extremely carefully. The lawyers don't do anything in vaccum. They work for your company - not you. So the delays are designed rather than being an accident. I will say that is a very ominious sign and you getting a GC is only going to make your relationship with your manager worse. Better start looking for a new manager.

I would also strongly discourage pestering everybody about your problem. If people listen and ignore then they like status quo. Read the tealeaves and gracefully look for a new home.

[suninphx]

I will be current only on June 1st.

If interviews are being waived on a broader scale then it should be pretty fast for you. And I sure do hope that's the case. Good luck!

[donkeykong]

I think you will get approval next month. I am in the same shes and only filed perm a couple of months ago.
Cant wait for this torture to end.

This is my 3rd I-140. First one took 6months, second 1 year and looks like this one is 1.5 years in making.

[newyorker123]

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

When does USCIS get biometrics ? At the time of entry in US, picture and finger prints are taken, does that count as biometrics ?

[dharmindesai]

Dharmin - I haven't read every single post or detail but if I understand your situation correctly then the lawyers are delaying something where there is apparently no reason to delay.

I'd say tread extremely carefully. The lawyers don't do anything in vaccum. They work for your company - not you. So the delays are designed rather than being an accident. I will say that is a very ominious sign and you getting a GC is only going to make your relationship with your manager worse. Better start looking for a new manager.

I would also strongly discourage pestering everybody about your problem. If people listen and ignore then they like status quo. Read the tealeaves and gracefully look for a new home.

Great points all around Q and few more points for me to chew on; but I think the delay is mostly at the attorney's end. a couple of ex-colleagues are in the same boat - the firms we work for only have a handful of cases each year (maybe 2-3)so most likely the attorneys are prioritizing larger clients; plus sounds like it's just not on top of to do list for HR; at one of my earlier firms I heard the HR just forgot to mail paperwork for my perm application to attorneys, it was sitting on her desk for months and then found only after she quit, by the time new HR was ready to file, I was ready too with a new job offer and resignation letter :D; also feel the non-confrontational approach of my manager could be making it worse. we have great working relationship and he is a very gentle soul - which makes it almost impossible for me to get very excited or upset in his presence;

Also, I really like this sentence you wrote - "If people listen and ignore then they like status quo." and am going to save it as a quote for future refence :)

[qesehmk]

Also, I really like this sentence you wrote - "If people listen and ignore then they like status quo." and am going to save it as a quote for future refence :)
That is my personal painful experience and hence the wisdom!

All the best. We have some really good guys on this forum. I can assure you they mean nothing but the best for you! I hope things move forward quickly for you.

[dharmindesai]

That is my personal painful experience and hence the wisdom!

All the best. We have some really good guys on this forum. I can assure you they mean nothing but the best for you! I hope things move forward quickly for you.

Thanks for the wishes. I have always felt so and believe some of the gurus/experts in this forum are gurus in the true sense :) This forum is like a beacon of light and hope for people navigating in the dark and murky waters of immigration :)

[EB2JUL2010]

Forum members - need some advise. I have been with current employer for over 15 years with PD JUL 2010. I filed my 485 in Oct 2020. Completed bio and received EAD/AP. It has been more than 180 days since 485 was submitted and I have an FT offer with a new employer. The new employer is ready to do portability and submit I485-j and want me to join asap. At the same time, I am still not ready to leave current employer. Since my PD is already current but we don't know when I will receive GC, can I use my EAD (switch to AOS pending status) and work for both employers - current and new for the time being (The new employer will submit new I485j portability form). Once the GC is approved, then I can switch to working for new employer. Is there any issues or risks with this scenario?

[vedu]

Great points all around Q and few more points for me to chew on; but I think the delay is mostly at the attorney's end. a couple of ex-colleagues are in the same boat - the firms we work for only have a handful of cases each year (maybe 2-3)so most likely the attorneys are prioritizing larger clients; plus sounds like it's just not on top of to do list for HR; at one of my earlier firms I heard the HR just forgot to mail paperwork for my perm application to attorneys, it was sitting on her desk for months and then found only after she quit, by the time new HR was ready to file, I was ready too with a new job offer and resignation letter :D; also feel the non-confrontational approach of my manager could be making it worse. we have great working relationship and he is a very gentle soul - which makes it almost impossible for me to get very excited or upset in his presence;


The situation you have described here makes me very nervous :(. It's not that complicated. A good employer and a good lawyer can prepare your case in a day if they want to. If the attorney is prioritizing other clients over you, then he should get fired :mad:. Will your employer allow you to hire your own lawyer paid for by you? That may help jumpstart your case.

[amey111]

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

Hello Aceman...As always, thank you for your great inputs! I recently changed jobs (after getting EAD and approval for I-140 downgrade to EB-3). I now plan to submit I-485J for my new job. My priority date is Oct 2012. Based on your suggestion, it might be better to send I-693 (medicals) along with I-485J. Is that correct?

Thank you.

[3nov10]

dharmindesai, I also have a PD in Nov 2010. I also changed jobs few times and now at the latest job perm was filed in July 2020. It went to audit and I am still waiting.

So even if the manager agrees it is unfortunately a long and painful process ahead of you.
Those who want you to get a GC will do it in first conversation (personal experience), others will hide behind processes and policy.

There no such thing as company policy, they make exceptions every day (personal experience).
I was not supposed to get moving expenses, I got it, I was not supposed to get GC filing before 2 years in company, I got it. I was not supposed to get promotion in first year got that too. All of these are exceptions to the policy of a large American corporation.

So if they really want to get the GC they will help. If not move to someone who will help.

[vsivarama]

Hello Aceman...As always, thank you for your great inputs! I recently changed jobs (after getting EAD and approval for I-140 downgrade to EB-3). I now plan to submit I-485J for my new job. My priority date is Oct 2012. Based on your suggestion, it might be better to send I-693 (medicals) along with I-485J. Is that correct?

Thank you.

Usually you submit any changes or additional information to your i485 application via an INTERFILE request. My attorney submitted the medicals for me via interfiling. But he did tell me, that in his experience these requests have been hit and miss and USCIS may still send an RFE. My medical examiner told me that if USCIS sent out a request for medicals again within one year, they will re-date my medicals and give it to me for a nominal fee of $50. So you may want to find out from your local authorized doctor's office if they do something of that sort. Though we would like to believe otherwise, the USCIS medical centers do not follow a standardized process. Some of my friends were vaccinated the day they showed up at the office (as they had no vaccination records from India), but for us they did a blood test to see if we had the antibodies to the vaccines. So we never had to take an vaccines. Some still do the skin test for TB whereas others don't.

[EB2JUL2010]

Members - need some advise. I have been with my current employer for over 15 years. I was able to file my 485 last year in Oct 2020 in EB2 category (haven't received 485j receipt yet). I completed biometrics and have already received EAD/AP in Feb 2021. I now have another FT offer from a new employer. Since my 485 has been pending for more than 180 days, the new employer is ready to submit new 485j portability request and wants me to start asap. For a personal reason, I am not ready to leave current employer. Can I instead switch to AOS pending status, start using my EAD and work for both current employer and new employer simultaneously? The new employer will proceed with submitting 485j portability asap. Once GC is approved, I will then continue to work for new employer only. Do you all foresee any issues/risks with this approach? Will this mess up my current process?

[sstest]

You could try sending a request for premium processing on the I140 along with medicals in the hope that they process it all together and issue your GC straight away?

Thanks! I shared this advice with two other friends who are in a similar situation. With such aggressive moves materializing, not including medicals early was a mistake in hindsight. New civic duty - those of us who are current or about to be current should try to avoid any delays and try to snag visa numbers before October rolls in. Good for us; good for people behind us in the queue.

[ImmiGiveMe]

Based on the movement from last few months VB's, what is best-case scenario for EB2-PD(03/19/2012) to be current?

Thanks!!

[rsnake]

Based on the movement from last few months VB's, what is best-case scenario for EB2-PD(03/19/2012) to be current?

Thanks!!

It's very likely to be current in October barring some unlikely unforseen situations like Congress passing a bill to stop unused FB visas from going to EB.

As far as porting eligibility before that is concerned it's also possible that you will get a second chance to downgrade to EB3 in the next few months before Oct if the FADs for EB3 is moved forward, but that's not clear because of lots of unknown factors. The number of downgrades, the visibility of the downgrades to COS, the speed of processing of the downgrades to use up visa numbers are all up in the air. It is possible that the dates will move to 2012 in the next few bulletins since dates are moved based on visa availability rather than speed of processing, because downgrades are going very slow right now even though a few have been able to upgrade I-140s to premium processing.

My advice would be to get all forms and documents, birth certificate etc. ready for filing except for medicals, and even for medicals get the required vaccines or antibody tests so that you can get a signed I-693 from the doctor within a few days of dates being current, especially if you have to file in Oct. As we have seen last Oct, it's important to get your application out as early as possible. People who filed before Oct 22 or so have gotten biometrics, EAD/AP and some the GC itself, while a lot of the people who filed towards end of Oct or later months are still waiting for those, with some exceptions.

[AceMan]

It's very likely to be current in October barring some unlikely unforseen situations like Congress passing a bill to stop unused FB visas from going to EB.

As far as porting eligibility before that is concerned it's also possible that you will get a second chance to downgrade to EB3 in the next few months before Oct if the FADs for EB3 is moved forward, but that's not clear because of lots of unknown factors. The number of downgrades, the visibility of the downgrades to COS, the speed of processing of the downgrades to use up visa numbers are all up in the air. It is possible that the dates will move to 2012 in the next few bulletins since dates are moved based on visa availability rather than speed of processing, because downgrades are going very slow right now even though a few have been able to upgrade I-140s to premium processing.

My advice would be to get all forms and documents, birth certificate etc. ready for filing except for medicals, and even for medicals get the required vaccines or antibody tests so that you can get a signed I-693 from the doctor within a few days of dates being current, especially if you have to file in Oct. As we have seen last Oct, it's important to get your application out as early as possible. People who filed before Oct 22 or so have gotten biometrics, EAD/AP and some the GC itself, while a lot of the people who filed towards end of Oct or later months are still waiting for those, with some exceptions.

That is a totally bad suggestion. There is no need for a 2012 filer to downgrade based on what we have seen over the last one year. Eb1 current, and Eb2 I will be greened starting October 21.

My suggestion stay put.

[Kesid23]

How soon after biometrics can one expect to receive GC if you are current?

We have been current from March, 2021
Responded to medical RFE on April 16.
Derivative finished code 3 biometrics on May 17.
Primary code 3 was on Dec 2.

[rsnake]

That is a totally bad suggestion. There is no need for a 2012 filer to downgrade based on what we have seen over the last one year. Eb1 current, and Eb2 I will be greened starting October 21.

My suggestion stay put.

I don't see how it's a 'totally bad suggestion'. I suggested the downgrade option(if it become available) because the 180 day clock for AC21 and earlier EAD/AP can turn out to be very important for some people. Being able to file in July or August instead of October is a full 90 or 60 days earlier that one would be able to switch jobs without having to refile for labor and I-140 with a new employer. PERM itself is taking close to two years. Having your priority date is meaningless and useless if you don't have an approved PERM with the new employer, and they file for a new I-140 requesting porting your old priority date instead of the new PERM priority date.

What if someone loses their job due to unforeseen circumstances? What if someone with an expired visa stamp needs or wants to travel to India in a few months and the consulates are still dealing with the backlog from the travel bans and there are no appointments? The boat was already missed once last year to get those benefits. Now, some jobs are more stable than others so it's an individual choice and how much risk tolerance one has. It may not be worth filing a downgrade in September, might as well wait for Oct so you don't have to deal with the I-140 approval delays.

Whether one files in July or Oct, it's a good idea to get all the forms, documents ready and get prepared for speedy medicals as well.

[spacetime]

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

Hi AceMan,

I thought I?ll pick your brain on this one. My PD is Dec-13 and I did submit medicals along with AOS with downgrade. In your opinion, shall I upgrade I-140 to Premium if there?s a good chance to get greened or just wait as PD is all the way in Dec/13.

[AceMan]

Hi AceMan,

I thought I?ll pick your brain on this one. My PD is Dec-13 and I did submit medicals along with AOS with downgrade. In your opinion, shall I upgrade I-140 to Premium if there?s a good chance to get greened or just wait as PD is all the way in Dec/13.

Yes you should, You would want to be DQ if by any chance dates advance to December 2013.

In 2017 July last quarter EB3 did a massive movement, USCIS sent lot of RFE's. Most of the EB3 guys had their EAD were in vacation mode, and delayed their response which resulted in USCIS not able to adjust the petitions within the same FY.

We had a 13 month movement in April 2018 for Eb3.

It is very much in the cards that EB3 can do a 25 months movement for July bulletin. So you may not want to miss the opportunity to get your GC when you had the first chance.

[gsingh]

Folks ,
My PD is April 12,2012. Filed I-140 (downgrade to EB3/I-485) in Oct 2020 and still waiting for I-140 approval. Haven't received biomatrices appointment either.
Upgraded I-140 to premium processing this week but since I-140 application was not filed with original PERM , USCIS might not accept premium. I should know that sometime next week.
However there is a good for April 2012 to be current in July or Aug.
Do you suggest getting the medicals done now or should I wait ?

Thanks

[AceMan]

I don't see how it's a 'totally bad suggestion'. I suggested the downgrade option(if it become available) because the 180 day clock for AC21 and earlier EAD/AP can turn out to be very important for some people. Being able to file in July or August instead of October is a full 90 or 60 days earlier that one would be able to switch jobs without having to refile for labor and I-140 with a new employer. PERM itself is taking close to two years. Having your priority date is meaningless and useless if you don't have an approved PERM with the new employer, and they file for a new I-140 requesting porting your old priority date instead of the new PERM priority date.

What if someone loses their job due to unforeseen circumstances? What if someone with an expired visa stamp needs or wants to travel to India in a few months and the consulates are still dealing with the backlog from the travel bans and there are no appointments? The boat was already missed once last year to get those benefits. Now, some jobs are more stable than others so it's an individual choice and how much risk tolerance one has. It may not be worth filing a downgrade in September, might as well wait for Oct so you don't have to deal with the I-140 approval delays.

Whether one files in July or Oct, it's a good idea to get all the forms, documents ready and get prepared for speedy medicals as well.

The question was specific to EB2 date.

And any person who has been on H1 for 12 years implicitly knows the risk of losing job and has been mentally prepared for that along with all the concerns you raised. So go for the ultimate prize instead of settling for piece meal when you are so close to the finish line.

[beagle]

Folks ,
My PD is April 12,2012. Filed I-140 (downgrade to EB3/I-485) in Oct 2020 and still waiting for I-140 approval. Haven't received biomatrices appointment either.
Upgraded I-140 to premium processing this week but since I-140 application was not filed with original PERM , USCIS might not accept premium. I should know that sometime next week.
However there is a good for April 2012 to be current in July or Aug.
Do you suggest getting the medicals done now or should I wait ?

Thanks

Without an approved I-140, one cannot get the GC. So you should focus on getting your I-140 PP approved. If by chance its rejected, you should PP again and try your luck. Please be patient and don't get frustrated. This whole process is outright brain dead when in this digital world USCIS exepcts the original PERM to be in the same office - just plain BS. It defies common sense. I don't know what to say about I-693. My company attorney will not allow me to send medicals without an RFE. Its a hit or miss approach to be documentarily qualified asap once your I-140 PP is processed.

You are not following the established process by proactively submitting I-693. When I submitted my RFE for medicals, it had a bar code linking to my A number. So the person who will be scanning it will not have to think. But when you send it without an RFE, I don't know whether they will make an effort to file it properly.

[sstest]

Folks ,
My PD is April 12,2012. Filed I-140 (downgrade to EB3/I-485) in Oct 2020 and still waiting for I-140 approval. Haven't received biomatrices appointment either.
Upgraded I-140 to premium processing this week but since I-140 application was not filed with original PERM , USCIS might not accept premium. I should know that sometime next week.
However there is a good for April 2012 to be current in July or Aug.
Do you suggest getting the medicals done now or should I wait ?

Thanks

+1 to what beagle said above - try PP upgrade for I-140. Another thing to try would be, as abcx13 pointed out here, you can discuss it with your attorneys and try to send medical along with PP.


You could try sending a request for premium processing on the I140 along with medicals in the hope that they process it all together and issue your GC straight away?

[gc_dedo]

If USCIS does not process the numbers by Sept 30th, 2021 those numbers are wasted. The add back to family based is based on a calculation, but for all practical purposes, it is gone. Dates will not retrogress this year per Charlie Oppenheim. They will hold since visas are available. Retrogression happens only when applications are more than the supply of visas.

Still not clear. Consider a scenario - If number of applications submitted are say 250K based on Filing Dates (which I assume are based on supply as of Oct 2020) and let's say USCIS is not able to process more than 200K by Sep 30, those additional visas will go back to FB category. If that happens, what happens to FADs which may be pretty close to FDs by end of this year. And what it means for the applicants.
Or the above scenario is not likely to occur because CO is moving FADs based on USCIS processing speed and feedback from them on regular/monthly basis.

[vsivarama]

Still not clear. Consider a scenario - If number of applications submitted are say 250K based on Filing Dates (which I assume are based on supply as of Oct 2020) and let's say USCIS is not able to process more than 200K by Sep 30, those additional visas will go back to FB category. If that happens, what happens to FADs which may be pretty close to FDs by end of this year. And what it means for the applicants.
Or the above scenario is not likely to occur because CO is moving FADs based on USCIS processing speed and feedback from them on regular/monthly basis.

Normally the dates would retrogress. But FY 2022 is not going to be a normal year with potentially 150K visas coming in from FB. So chances are high that CO will keep the FAD as is for the first 3 months and then proceed accordingly in 2022. The other two scenarios are to keep progressing the dates from October or retrogress. I believe both these scenarios are less likely to pass.

[asiingh]

Yes you should, You would want to be DQ if by any chance dates advance to December 2013.

In 2017 July last quarter EB3 did a massive movement, USCIS sent lot of RFE's. Most of the EB3 guys had their EAD were in vacation mode, and delayed their response which resulted in USCIS not able to adjust the petitions within the same FY.

We had a 13 month movement in April 2018 for Eb3.

It is very much in the cards that EB3 can do a 25 months movement for July bulletin. So you may not want to miss the opportunity to get your GC when you had the first chance.

Aceman - To understand your response better, you are saying that Eb3 dates could be Dec 2013 within July bulletin (25 months forward movement). Any logical basis for this projection ? Are you just taking cue from CO's statement that by the end of FY 2021, the final action date will be close to dates for filing.

[dharmindesai]

The situation you have described here makes me very nervous :(. It's not that complicated. A good employer and a good lawyer can prepare your case in a day if they want to. If the attorney is prioritizing other clients over you, then he should get fired :mad:. Will your employer allow you to hire your own lawyer paid for by you? That may help jumpstart your case.

Damn, honestly I didn't know the case can be prepared within a day. Thanks for your suggesion; I did bring up the possibility of hiring my own lawyer. Hoping to see light at the end of the tunnel soon.

[dharmindesai]

dharmindesai, I also have a PD in Nov 2010. I also changed jobs few times and now at the latest job perm was filed in July 2020. It went to audit and I am still waiting.

So even if the manager agrees it is unfortunately a long and painful process ahead of you.
Those who want you to get a GC will do it in first conversation (personal experience), others will hide behind processes and policy.

There no such thing as company policy, they make exceptions every day (personal experience).
I was not supposed to get moving expenses, I got it, I was not supposed to get GC filing before 2 years in company, I got it. I was not supposed to get promotion in first year got that too. All of these are exceptions to the policy of a large American corporation.

So if they really want to get the GC they will help. If not move to someone who will help.

I hear you; my oldest is 9 yr old and was born here; so hopefully the longest i have to wait is 12 more years :D

my company is not too big and in non-IT field; they are filing hardly 2-3 greencards a year and seem to be relying entirely on the attorneys to advise them; i don't know all the intricacies of this overall process but sounds like the HR knows even less; also in the 20+ year history of my local office, I will be the first gc candidate!

good luck to you with your application; hope you are able to clear the audit soon :)

[AceMan]

Aceman - To understand your response better, you are saying that Eb3 dates could be Dec 2013 within July bulletin (25 months forward movement). Any logical basis for this projection ? Are you just taking cue from CO's statement that by the end of FY 2021, the final action date will be close to dates for filing.

Logical basis as follows :
262,000 visas available for FY 2021. Total number of pending 485 applications at the end of first quarter of FY 21 176,000. Follow the details added to the forum by Spectator regarding monthly consular processing usage.

Even if sudden surge in the usage happens late last quarter, the expected spillover of nearly 150,000 for FY 2022 will offset it.

The biggest concern of visa wastage for FY 2021 is going to be the candidates who applied for 485 who did not submit medicals.

[knighthood83]

Logical basis as follows :
262,000 visas available for FY 2021. Total number of pending 485 applications at the end of first quarter of FY 21 176,000. Follow the details added to the forum by Spectator regarding monthly consular processing usage.

Even if sudden surge in the usage happens late last quarter, the expected spillover of nearly 150,000 for FY 2022 will offset it.

The biggest concern of visa wastage for FY 2021 is going to be the candidates who applied for 485 who did not submit medicals.

My wives passport expires in Dec 2021. We filed our 485 in Oct 2020 . Would I need to submit the renewed passport to get the GC or it wont matter?

[qesehmk]

My wives passport expires in Dec 2021. We filed our 485 in Oct 2020 . Would I need to submit the renewed passport to get the GC or it wont matter?

Probably not. The validity of an Indian passport (and many others) is usually 6 months after expiration. So hopefully your 485 will be approved sooner than that (of course assuming your FAD stays current.

On other note Guru - I am really intrigued that you wives not only share a husband but also a passport ;)

[MKPD2015]

Logical basis as follows :
262,000 visas available for FY 2021. Total number of pending 485 applications at the end of first quarter of FY 21 176,000. Follow the details added to the forum by Spectator regarding monthly consular processing usage.

Even if sudden surge in the usage happens late last quarter, the expected spillover of nearly 150,000 for FY 2022 will offset it.

The biggest concern of visa wastage for FY 2021 is going to be the candidates who applied for 485 who did not submit medicals.

Hello Aceman,
How likely is it that they stop the spillover coming October?
There is an article published on The Hill today trying to show spillover to employment as bad and more Employment visas as what trump wanted and that they can stop the spillover from FB to EB happening.

https://thehill.com/policy/national-security/554863-trump-visa-restrictions-live-on-under-covid-19-backlog

[knighthood83]

Probably not. The validity of an Indian passport (and many others) is usually 6 months after expiration. So hopefully your 485 will be approved sooner than that (of course assuming your FAD stays current.

On other note Guru - I am really intrigued that you wives not only share a husband but also a passport ;)

LOL. Correction wife's .

[ImmiGiveMe]

"rsnake" and " AceMan".. Thank you for your inputs. I missed the first downgrade as my employer was not willing to do it. As i do not have an option of downgrade.. I will prepare everything in anticipation that i will be current in OCT VB.

[Zenzone]

Hello Aceman,
How likely is it that they stop the spillover coming October?
There is an article published on The Hill today trying to show spillover to employment as bad and more Employment visas as what trump wanted and that they can stop the spillover from FB to EB happening.

https://thehill.com/policy/national-security/554863-trump-visa-restrictions-live-on-under-covid-19-backlog

Things of this nature have been rumbling since last year. Around same time last year there was a similar scare too. The real answer is who knows? But it all depends what's the legislative appetite to pass this piecemeal provision in coming months. There are also talks about wasted visa re-capture which could benefit all. I think its anybody's guess.

[AceMan]

Hello Aceman,
How likely is it that they stop the spillover coming October?
There is an article published on The Hill today trying to show spillover to employment as bad and more Employment visas as what trump wanted and that they can stop the spillover from FB to EB happening.

https://thehill.com/policy/national-security/554863-trump-visa-restrictions-live-on-under-covid-19-backlog

They have presented the facts on how the FB visas are being passed to EB. The author clearly did not want to talk about EB backlog or the law which passes the unused numbers from one category to another.

[ImmiGiveMe]

Hi,

Wanted to know if anyone has been in this scenario and what they have done. Please move this query to appropriate thread if it does not belong here.

Situation:
Recently renewed my H1B and it was approved till May 2024, but on the I-797 approval my last name is spelled incorrectly.
It was a typological error by USCIS as it was correct on I-129 form.

Lawyer has raised an SR with USCIS and there is no response yet (its been a month since the SR was raised). Lawyer is saying nothing to worry as it is USICS mistake and we raised an SR
and we should be good.

Question:

If USICS does not come back in time when my date becomes current (EB2I-PD 3/19/2012) and as I have to submit my H1B's I-797 as a proof legas status, will it be a problem?

Thanks!!

[Pundit Arjun]

Hi,

Wanted to know if anyone has been in this scenario and what they have done. Please move this query to appropriate thread if it does not belong here.

Situation:
Recently renewed my H1B and it was approved till May 2024, but on the I-797 approval my last name is spelled incorrectly.
It was a typological error by USCIS as it was correct on I-129 form.

Lawyer has raised an SR with USCIS and there is no response yet (its been a month since the SR was raised). Lawyer is saying nothing to worry as it is USICS mistake and we raised an SR
and we should be good.

Question:

If USICS does not come back in time when my date becomes current (EB2I-PD 3/19/2012) and as I have to submit my H1B's I-797 as a proof legas status, will it be a problem?

Thanks!!

Wont be a problem. Request your attorney to include a letter indicating the mistake and reference the SR# in the letter.

[sling10]

Hello Gurus -

I have my birth certificate available with me, but, my mother's name listed on the certificate is the one she was given by the inlaws after marriage. That is the name she was called by the inlaws exclusively and was not used on any other documents except the birth certificate. Her name on my passport is her actual name.

Due to the above difference between her name on my birth certificate / my passport, will there be any issues ? I have read / heard that it should not be a problem, but, just want to double check with someone who may have been in a similar situation. If Yes, did you submit some additional documents along with the birth certificate to explain the different names of your mother?

Thanks.

[ImmiGiveMe]

Wont be a problem. Request your attorney to include a letter indicating the mistake and reference the SR# in the letter.

Thanks Arjun!!

[fishelusa]

Hi,

Wanted to know if anyone has been in this scenario and what they have done. Please move this query to appropriate thread if it does not belong here.

Situation:
Recently renewed my H1B and it was approved till May 2024, but on the I-797 approval my last name is spelled incorrectly.
It was a typological error by USCIS as it was correct on I-129 form.

Lawyer has raised an SR with USCIS and there is no response yet (its been a month since the SR was raised). Lawyer is saying nothing to worry as it is USICS mistake and we raised an SR
and we should be good.

Question:

If USICS does not come back in time when my date becomes current (EB2I-PD 3/19/2012) and as I have to submit my H1B's I-797 as a proof legas status, will it be a problem?

Thanks!!

Same thing happend to me also long back. Youy need to send back the original i-797 and ask for the correction. You will receive new approved i-797 corrected.

[rsnake]

Chat with Charlie happened today. And again the question of when is the visa number actually counted came up. I feel like everytime this question is answered by Charlie, he replies from the perspective of people filing from abroad with consular processing, since that's the responsibility of Department of State that he works for, plus most of family visas are issued that way.

That's why he talked about National Visa Center, and everything being ready for interview, by which he means interview at consulate. I feel like that's behind the 'documentarily qualified' terminology that he uses, but there is nothing to indicate that USCIS uses that terminology or process. We don't have a straight answer from USCIS perspective. My guess is that the visa number is used when we get the 'Card Production Ordered' update status and not before then, even if USCIS calls us for interview. Any thoughts?

[qesehmk]

Chat with Charlie happened today. And again the question of when is the visa number actually counted came up. I feel like everytime this question is answered by Charlie, he replies from the perspective of people filing from abroad with consular processing, since that's the responsibility of Department of State that he works for, plus most of family visas are issued that way.

That's why he talked about National Visa Center, and everything being ready for interview, by which he means interview at consulate. I feel like that's behind the 'documentarily qualified' terminology that he uses, but there is nothing to indicate that USCIS uses that terminology or process. We don't have a straight answer from USCIS perspective. My guess is that the visa number is used when we get the 'Card Production Ordered' update status and not before then, even if USCIS calls us for interview. Any thoughts?

That's quite right. The dynamic between DoS and USCIS has changed significantly. Pre-911 era DoS was quite an elite department while USCIS was just another department. But in 911 era USCIS (aka INA) was brought under Homeland security which also has FBI reporting into it. CIA the counterpart of FBI is rather independent and doesn't report into DoS. So the point is USCIS has kind of garnered significant political backing. Additionally USCIS does seem to have quite a few anti-immigrant folks who have done everything in their power to hold back EB-India in particular IMHO.

So the net result is - CO of course will be very hesitant to comment on anything that falls under UCSIS. We should not expect it nor we should blame him for that.

[rsnake]

Charlie said today there will be significant visa wastage. It's so frustrating not having numbers of visas used etc. mid year statistics. I wonder if someone has filed a Freedom of Information Act request and then sued USCIS for these numbers. It does not appear that there is some national security reasons for not revealing it. Maybe they will say it will take too much time to get them ready, but according to CO he already gets those numbers from USCIS so they work on preparing them. Same with the inventory which I think was last released in 2018 or 2017. I wonder if some immigration lawyers will band together and do it pro bono like with the H4EAD delays lawsuit because visa wastage affects their client revenue. Then again they make money from constant H1 extensions.

[idliman]

Charlie said today there will be significant visa wastage. It's so frustrating not having numbers of visas used etc. mid year statistics. I wonder if someone has filed a Freedom of Information Act request and then sued USCIS for these numbers. It does not appear that there is some national security reasons for not revealing it. Maybe they will say it will take too much time to get them ready, but according to CO he already gets those numbers from USCIS so they work on preparing them. Same with the inventory which I think was last released in 2018 or 2017. I wonder if some immigration lawyers will band together and do it pro bono like with the H4EAD delays lawsuit because visa wastage affects their client revenue. Then again they make money from constant H1 extensions.
People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truely believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

[rave79]

People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truely believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

First up, my first post A big shout out to Idliman, Q and other experts out there ...great job folks and a big THANK YOU..!!
The way CO sounds its very exciting and clear that EB3 and EB2 India reach their respective Filing dates this year. But the way USCIS is processing does not match with this and seems to drain this enthusiasm
Its intriguing how CO is allocating the GC/Immigrant Visa numbers so aggressively and how many of these numbers go in vain if USCIS does not catch up by Sep'2021?

[Zenzone]

People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truely believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

I have nothing bur respect for you Idliman. However, I also see RFEs being generated at faster pace based on the trackitt trackers I have been following. I want to see the glass half full here given that I'm one of many who didn't send the medicals in Oct. Also, I was one of the lucky ones who got EAD/AP approved (card received) and biometrics done. However, gated now by this Medical RFE waiting game. Hope is all I have and I hope I end like many of our co-applicants who got greened recently with Medical RFE after filing in October. As far as Grace Amendment etc. those worries are always there until you make it (like yourself), but my view with this pro-immigrant administration is if they take away SO (hypothetically) there will hopefully be a wasted visa re-capture or country cap removal that will also happen along side (but that's anyone's guess though!). As far as this year is concerned I will consider myself lucky if they use 200-220K visas for emp. based GCs.

[Sebiswaiting]

Charlie is still saying that EB3 will continue to move fast and potentially reach filing date. What does it imply on downgraded petitions?
Has he got good idea about downgraded applicants?
If yes, then downgraDe seems to much less than what seemed to be the trend, and eb2 will continue to move slow.

If he still do not know about number of downgrades, then when do you think that number will be clear?

Spillovers:
He wasnt clear if he has started factoring vertical spillover . If I am not wrong, usually EB1 to EB2 spillovers starts to be considered from around July August, isn't it? In which case EB2 should move faster after that.

[vsivarama]

Charlie is still saying that EB3 will continue to move fast and potentially reach filing date. What does it imply on downgraded petitions?
Has he got good idea about downgraded applicants?
If yes, then downgraDe seems to much less than what seemed to be the trend, and eb2 will continue to move slow.

If he still do not know about number of downgrades, then when do you think that number will be clear?

Spillovers:
He wasnt clear if he has started factoring vertical spillover . If I am not wrong, usually EB1 to EB2 spillovers starts to be considered from around July August, isn't it? In which case EB2 should move faster after that.

Charlie said he is moving the dates based on the number of documentarily qualified applications. In which case the downgrade numbers to EB3 does not really matter. Most of the downgrades do not have approved i140s and so they will not meet the criteria of being documentarily qualified. With less number of qualified applications EB3 can jump ahead 6-8 months at a time. This is my analysis, just trying to read the tea leaves here.

[MKPD2015]

Charlie is still saying that EB3 will continue to move fast and potentially reach filing date. What does it imply on downgraded petitions?
Has he got good idea about downgraded applicants?
If yes, then downgraDe seems to much less than what seemed to be the trend, and eb2 will continue to move slow.

If he still do not know about number of downgrades, then when do you think that number will be clear?

Spillovers:
He wasnt clear if he has started factoring vertical spillover . If I am not wrong, usually EB1 to EB2 spillovers starts to be considered from around July August, isn't it? In which case EB2 should move faster after that.

In the last month?s chat session Charlie said he did not have the downgrade numbers yet and expect to receive them in next few months. So, when they moved EB3 filing dates to Jan 2014 they definitely did not account for the huge number of downgrades. They might have estimated some number and moved the filing date from Jan 2015 to Jan 2014, but definitely did not account for the sheer number of downgrade applications. Even today I think he don?t have the downgrade numbers. Not sure why USCIS is not sharing the number, I see in other platforms that there are good number of people who got their 140 approved in premium processing for downgrade petition with 2012 and 2013 dates. Hard to believe there are fewer downgrades.May be CO might get the number soon and move dates accordingly.

[Alunity]

Gurus/Senior members, I am following this forum for couple of months. I wish I had known about this forum earlier. I am OCT filer with EB3 I downgrade and April 2012 PD. I have done PP for I-140 and got it approved. I have not received biometrics appointment yet. I have booked an appointment for medicals coming Thursday. Is it a good idea to submit the medicals by interfiling or postpone the medical examination till I get my biometrics appointment? Also, is there any suggestion on how to get my biometrics appointment scheduled in Boston ASC?

[idliman]

I have nothing bur respect for you Idliman. However, I also see RFEs being generated at faster pace based on the trackitt trackers I have been following. I want to see the glass half full here given that I'm one of many who didn't send the medicals in Oct. Also, I was one of the lucky ones who got EAD/AP approved (card received) and biometrics done. However, gated now by this Medical RFE waiting game. Hope is all I have and I hope I end like many of our co-applicants who got greened recently with Medical RFE after filing in October. As far as Grace Amendment etc. those worries are always there until you make it (like yourself), but my view with this pro-immigrant administration is if they take away SO (hypothetically) there will hopefully be a wasted visa re-capture or country cap removal that will also happen along side (but that's anyone's guess though!). As far as this year is concerned I will consider myself lucky if they use 200-220K visas for emp. based GCs.
Zen, Thanks. My intention was to make everyone work harder towards their immigration goal and not take anything for granted. One or two errors in the immigration front might push GC by 8 or 10 years. Having gone through the process, I don't want someone to wait another 8 or 10 years for their GC after getting EAD+AP's. While for most of the folks an EAD is as good as GC, for some jobs, GC makes a lot of difference. I sincerely hope for issual of as many GCs as possible or the FA dates to progress so that kids don't age out.

[MidWestMaverick]

Zen, Thanks. My intention was to make everyone work harder towards their immigration goal and not take anything for granted. One or two errors in the immigration front might push GC by 8 or 10 years. Having gone through the process, I don't want someone to wait another 8 or 10 years for their GC after getting EAD+AP's. While for most of the folks an EAD is as good as GC, for some jobs, GC makes a lot of difference. I sincerely hope for issual of as many GCs as possible or the FA dates to progress so that kids don't age out.

Idliman, about the frog + men, I second your thoughts. I have a PD of 2012 and I had to fight tooth and nail last year to get my GC process started, the folks from that firm tried their best to discourage me. Nevertheless, having been in this "chakravyuh" of GC for so long (we know how to get in, but not out :) ) , I have learned that its your own battle to fight.

[cm5038]

my PD is Dec-2011 and have filed new Eb3-140 /485 in Oct 2020.
I checked with the immigration attorney and he says 485J was not filed as there was concurrent filing.
Question: Can I file I-485J now ? Should I file I-485 J ?

Thanks in advance.
CM

[mohan_jgd]

People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truly believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

Couldn't agree more with you, Idliman. Attorneys from the "duck" firm refused to send the medicals along with the I-485 application. Heck, it was a huge struggle for folks in my company who were working with them to send the applications early. In the end, they applied on the last day of Oct 2020 and we are still waiting for our EAD/APs. I had my bio-metrics done just last week. Running on hope that EAD/AP will come soon and i get greened after filing medical RFE.

[rave79]

I see your PD is current since April. By any chance did you receive your medical RFE yet?


Not to swing the moods here but the reality is https://twitter.com/David_J_Bier/status/1397202793082073091?s=20

[rave79]

Unfortunate reality is https://twitter.com/David_J_Bier/status/1397202793082073091?s=20

[Alunity]

Gurus/Senior members, I got my I-140 downgrade application approved (premium processing) and received the receipt with incorrect priority date. Correct priority date: April 25, 2012 vs Incorrect priority date April 8, 2019. Not sure if it's attorney mistake or USCIS mistake. Do anyone know if we can correct the priority date? If so, what is the action that needs to be done?

[srimurthy]

Moved the medical's discussion to a new thread:
https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82394#post82394

[maverick2010]

People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truely believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

Idliman,

I hear what you are saying and agree 100%. I heard on other popular forum that famous law firm is planning to have big discussion later this week on interfiling medicals for applicants who have FAD current. Any thoughts? Do you think it is good idea to interfile medicals without RFE?

[abcx13]

Idliman,

I hear what you are saying and agree 100%. I heard on other popular forum that famous law firm is planning to have big discussion later this week on interfiling medicals for applicants who have FAD current. Any thoughts? Do you think it is good idea to interfile medicals without RFE?


This probably belongs in the other thread, but can you please share a link?

Thanks!

[abcx13]

Unfortunate reality is https://twitter.com/David_J_Bier/status/1397202793082073091?s=20

This is pretty sad.

Copy pasting the tweet


USCIS has 262,000 EB green cards to issue for this year. It approved just 27,485 adjustments in the 1st quarter of FY2021. That'd be 109,000 for the year, with consulates, say 110. Even if USCIS doubles its approval rate, it won't come close to using them all. Absolute disaster.

Apparently Siskind et al will be suing on this issue. His Twitter says he is working on a plaintiff onboarding app.

https://twitter.com/gsiskind
https://twitter.com/ckuck/status/1397286977926541318

[LeoAugust]

People may call me not optimistic on progressive immigration policies. I have watched the immigration movie many times since 2010. Everytime an imigration bill comes up, I get hyped and end up in a sorrow state for the next week. I strongly believe that one should take matters into their own hands and stop blindly believing whatever the attorneys say. Why would the attorneys not advise people to submit I-693's when they know very well that the "DF" dates are based on the expected movement in a year. I can understand them not taking medicals from 2014 or 2013 EB-3 applicants. If you are a 2010 to 2012 applicant, you should have submitted I-693's. Is potentially saving $350 worth when compared to a faster GC? IMO, everyone in the backlog should have the mindset that everyone else (company or attorneys) want the status-quo to remain. You better fight for it and have the will to break out of the system. Be prepared to put effort to educate yourself on the law and DIY yourself. You are all extremely qualified individuals.

People get buned out by the system. While the attorneys and companies might fight tooth and nail for your H1B, they are not going to put the same effort for your GC. I was sad to hear a bunch of the folks from a 'bank' in the big apple missed a chance to file I-485 as frog firm messed up their I-485s. The number of people who missed AC21 eligibility and EAD+AP's are in high double digits. How can such a big frog firm with a omen end up making simple errors which leads to I-485 being not accepted. Lets say if Grace amendment or something equivalent happens to prevent spillover from FB to EB in 2022, what are you going to do next? My advice would be not to get comfortable with your existing status-quo. There was a post from one member here, which detailed the effort he had put in since he got current to get his GC. I believe he got it 3-4 weeks after his FA date was current. I couldnot find his post, but if you read it you will be inspired.

I truely believe that they will endup wasting a lot of GCs this year. You just have to look at the number of folks from 2012 who are still waiting as a benchmark. It has been 6 to 8 months since they all become current. Because of this wastage, we cannot even say how far the DF will move next year.

Thanks @idliman sharing your thoughts. Good one. I like your posts. while going through your post you referred somebody's post about the experience. I tried searching for it but did not find it. In case you come across please share. Thanks...

[sstest]

Gurus/Senior members, I got my I-140 downgrade application approved (premium processing) and received the receipt with incorrect priority date. Correct priority date: April 25, 2012 vs Incorrect priority date April 8, 2019. Not sure if it's attorney mistake or USCIS mistake. Do anyone know if we can correct the priority date? If so, what is the action that needs to be done?

I had a similar issue with my I-485 receipt notice though with less deviation than yours. PD was printed as 17 June instead of 12 June. I brought it to the attorney's attention.

Attorneys raised SR with USCIS and USCIS informed them that they took note of this discrepancy and that the officer working on the case will make corrections for it. Attorneys further suggested that they expect all future communication to reflect the correction.

[Alunity]

Thank you sstest. How long it took for the correction?

[abcx13]

Interesting video from about 30 minutes onwards on immigration litigation against USCIS/DoS: https://www.youtube.com/watch?v=Bjk6SOFEAZY

I guess they are pitching for business for the EB AoS lawsuit, but they say that they haven't been receiving any EADs or interview requests or anything for applications filed in October. Though I guess some people here have been getting greened...

[sstest]

Thank you sstest. How long it took for the correction?

Just to be clear, I did not receive any updated I-498 receipt notice. It was my lawyers' assertion that USCIS has made this correction in their files and will use this in all future communications. I have not received any further updates on any of the applications that would confirm that. I can update once I do get any updates.

About the timeline, I think it took 5- 6 weeks to get the response after filing the SR.

[gsingh]

This is pretty sad.

Copy pasting the tweet



Apparently Siskind et al will be suing on this issue. His Twitter says he is working on a plaintiff onboarding app.

https://twitter.com/gsiskind
https://twitter.com/ckuck/status/1397286977926541318

At this rate and hypothetically assuming with some improvements, USCIS issues 150K green cards in FY2021.
Any idea on how far would the backlog clear out ?

Thanks

[whereismygc]

Friends - write a letter to your senator and congressman asking some action to avoid potential visa wastage. Here is a template.

https://www.qesehmk.org/forums/showthread.php/900-WhereismyGC-com-Related-Discussion-amp-Updates?p=82412&viewfull=1#post82412

[smuggymba]

At this rate and hypothetically assuming with some improvements, USCIS issues 150K green cards in FY2021.
Any idea on how far would the backlog clear out ?

Thanks

I might even be a bigger problem, I'm still not seeing people in Jan/Feb 2010 getting RFE's enmasse. So, what's the point of moving dates to Dec 2010 when TSC isn't doing anything.

My PD is March 2010 and I did a congressional inquiry and the response was a mere template with no real update saying - we will get to your file when we get to your file.

Anyone from Jan/Feb 2010 - Did you get RFE's yet?

[mr00us]

At this rate and hypothetically assuming with some improvements, USCIS issues 150K green cards in FY2021.
Any idea on how far would the backlog clear out ?

Thanks

If we are basing our analysis by extrapolating the first quarter data, I think we may be in for a pleasant surprise. Reason is, first quarter which is Oct-Dec is mostly holiday season and the processing is bound to be slow then. If second quarter data also shows the trend, I would understand. Moreover DOS and USCIS must be coordinated for the dates to move. I do anticipate some wastage, but that has always happened and it should not be more than 10%.

Last time these lawyers sued USCIS and we know how it went for us. I would 100% stand behind any effort to recapture lost visa numbers but pushing USCIS for process faster may not end well for us.

Some fault for visa wastage lies with us also. While filing in mass in October 2020, most folks knew that they will be current in 2 years. Especially folks in 2011 but still many of us saved a few hundred dollars and did not send medicals. Reason can be anything to not submit the medicals, the lack of it generates RFE, time waste and hence visa wastage.

[dharmindesai]

Zen, Thanks. My intention was to make everyone work harder towards their immigration goal and not take anything for granted. One or two errors in the immigration front might push GC by 8 or 10 years. Having gone through the process, I don't want someone to wait another 8 or 10 years for their GC after getting EAD+AP's. While for most of the folks an EAD is as good as GC, for some jobs, GC makes a lot of difference. I sincerely hope for issual of as many GCs as possible or the FA dates to progress so that kids don't age out.

Idliman, based on my personal situation I do agree with you and appreciate your view point....though for a lot of individuals I feel this whole situation might be a zero sum game; you gain some on the immigration front but lose some on the career front or vice-versa.

Having said that you have provided some great guidance to me; wish I had reached out to this forum sooner. Hopefully for the greater good of everyone in the similar situation (waiting 10+ years for gc), more people take the immigration process seriously or at least try to make some informed decisions.

sometimes chasing the gc does look like an exercise in futility....perhaps like a dog running behind a mailman :D:D but then never know a day might come when the dog is rewarded with a special treat (though it has to make sure to survive until then :eek::eek: )

[Zenzone]

I might even be a bigger problem, I'm still not seeing people in Jan/Feb 2010 getting RFE's enmasse. So, what's the point of moving dates to Dec 2010 when TSC isn't doing anything.

My PD is March 2010 and I did a congressional inquiry and the response was a mere template with no real update saying - we will get to your file when we get to your file.

Anyone from Jan/Feb 2010 - Did you get RFE's yet?

Not me personally. I have first hand friends who have gotten RFEs for Meds and they became current in the April Bulletin. But they are not TSC, they are from NSC (National Benefits Center) rather.

[smuggymba]

Not me personally. I have first hand friends who have gotten RFEs for Meds and they became current in the April Bulletin. But they are not TSC, they are from NSC (National Benefits Center) rather.

Yes this issue is specific to TSC. On trackit, people with late April PD's have physical GC in their hands. TSC is fkin up big time here.

[vedu]

Guys,

I have a question. What happens to your pending EAD and/or AP applications if your GC gets approved first? Does USCIS reject those other applications or do they remain in pending status forever?

[incredible]

Guys,

I have a question. What happens to your pending EAD and/or AP applications if your GC gets approved first? Does USCIS reject those other applications or do they remain in pending status forever?

That is correct. They get rejected.

[vedu]

That is correct. They get rejected.

Thank you. That's good to know. I have a pending AP application and now I know what to expect.

[seepz123]

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.


I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

[Turbulent_Dragonfly]

Yes this issue is specific to TSC. On trackit, people with late April PD's have physical GC in their hands. TSC is fkin up big time here.

I am with NBC and there has been no progress after FP. I used the USCIS case tracker app to check for 500 cases before and after and other neighboring hundreds of cases and though many of them have been assigned RFEs or Interviews, there have been very few approvals.

[Turbulent_Dragonfly]

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.


I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

I can provide one quick datapoint that if you have a USC child, you can come back.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/covid-19-travel-restrictions-and-exceptions.html

[qesehmk]

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.


I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

To my knowledge US hasn't banned Indians from traveling. Also COVID and AP are two mutually exclusive issues. If your AP is in good standing you should be back in without issues. Also US to my knowledge has no quarantine requirements anymore. The only thing I would suggest is travel on an American airline like United. I wouldn't want to deal with Indian airlines at this time (simply because they are too bureaucratic and if there is even a minor issue it can get into a bureaucratic nightmare.)

All the best and do post your experience as I am sure it will be useful for everybody.

[gammaray]

If we are basing our analysis by extrapolating the first quarter data, I think we may be in for a pleasant surprise. Reason is, first quarter which is Oct-Dec is mostly holiday season and the processing is bound to be slow then. If second quarter data also shows the trend, I would understand. Moreover DOS and USCIS must be coordinated for the dates to move. I do anticipate some wastage, but that has always happened and it should not be more than 10%.

Last time these lawyers sued USCIS and we know how it went for us. I would 100% stand behind any effort to recapture lost visa numbers but pushing USCIS for process faster may not end well for us.

Some fault for visa wastage lies with us also. While filing in mass in October 2020, most folks knew that they will be current in 2 years. Especially folks in 2011 but still many of us saved a few hundred dollars and did not send medicals. Reason can be anything to not submit the medicals, the lack of it generates RFE, time waste and hence visa wastage.

Sounds like you saw the latest Reddy & Neumann video. The June bulletin's chat with Carlie -- he indicated last year USCIS was slow in the first quarter as well, but recovered to reach 90-95% of the visa limit. But that was a normal year and it was 90-95% of the regular 140K limit. In a COVID year with USCIS working at 60-70% capacity for at least half the year, logic would dictate that they can't possibly get to 90% of a much higher 265k visa limit. But maybe logic is not applicable and they magically are able to process a large number. Hope is a good thing.

[smuggymba]

Anyone here - Did you file supplement J/ AC21 by yourselfs or do we need a lawyer? I file my EAP/AP so save money but not sure on the AC21/Supp J..Any feedback

[Moveon]

Thank you. That's good to know. I have a pending AP application and now I know what to expect.

My AP was pending while GC got approved .Got a letter of rejection a few weeks later saying that "Rejected because your AOS is no longer pending. AP is issued only if AOS is pending at the time of application and approval" .

[Moveon]

Anyone here - Did you file supplement J/ AC21 by yourselfs or do we need a lawyer? I file my EAP/AP so save money but not sure on the AC21/Supp J..Any feedback

My advise will be to use a lawyer . One mistake can cause several months of delay or even years if it retrogresses . EAD/AP is fine , I have done it for my spouse . Sup-J as a response to an RFE is better handled by the lawyer.

[FlowerPot]

EB2 05/12/2011 here and moved from original PERM/I-140 approved location (Chicago) to new location (Dallas) based on job transfer with same employer. Applied I-485 pack (incld. 485J that mentions my prev. position still available for me if GC approved) in Oct'20 and case is with NBC (MSC). Recently, received my 485J Receipt as well. When it comes to adjudication and field offices, will it be the location where job is available (Chicago) or home address (Dallas) Or MSC itself will take final decision on the case when it gets current in coming months?

[suninphx]

To my knowledge US hasn't banned Indians from traveling. Also COVID and AP are two mutually exclusive issues. If your AP is in good standing you should be back in without issues. Also US to my knowledge has no quarantine requirements anymore. The only thing I would suggest is travel on an American airline like United. I wouldn't want to deal with Indian airlines at this time (simply because they are too bureaucratic and if there is even a minor issue it can get into a bureaucratic nightmare.)

All the best and do post your experience as I am sure it will be useful for everybody.

Q- there is a travel ban for certain travelers from India in place:

https://www.murthy.com/2021/04/30/newsflash-u-s-to-ban-most-travel-from-india-to-curb-covid-19-spread/

There are obviously exceptions:

https://www.murthy.com/2021/05/05/exemptions-and-exceptions-to-proclamation-suspending-travel-from-india-to-curb-covid-19/

[Positive]

To my knowledge US hasn't banned Indians from traveling. Also COVID and AP are two mutually exclusive issues. If your AP is in good standing you should be back in without issues. Also US to my knowledge has no quarantine requirements anymore. The only thing I would suggest is travel on an American airline like United. I wouldn't want to deal with Indian airlines at this time (simply because they are too bureaucratic and if there is even a minor issue it can get into a bureaucratic nightmare.)

All the best and do post your experience as I am sure it will be useful for everybody.

If you are present in India for 14 days and a non citizen, you may face the travel ban unless you fit one of the exceptions such as you are parent of a US citizen.
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/30/a-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/

[seepz123]

If you are present in India for 14 days and a non citizen, you may face the travel ban unless you fit one of the exceptions such as you are parent of a US citizen.
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/04/30/a-proclamation-on-the-suspension-of-entry-as-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease-2019/

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal

[vedu]

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal

Seepz123,

Sorry to know about your situation and hope your parents will recover soon. My personal advice to you is not to travel to India on AP at this time. I know it is a difficult situation, but think rationally and not emotionally. There is not much you can do there to help your parents. Let your close relatives take care of the situation and you provide financial help from here as necessary. Your date is current and you should get your GC any time now. Follow up with USCIS and your local senator, explain to them the urgency of the situation. With GC in hand, travel will be very safe.

If you still decide to travel without GC, good luck and hope everything works out for you.

[vedu]

My AP was pending while GC got approved .Got a letter of rejection a few weeks later saying that "Rejected because your AOS is no longer pending. AP is issued only if AOS is pending at the time of application and approval" .

Thank you for sharing your experience, Moveon.

[qesehmk]

Q- there is a travel ban for certain travelers from India in place:

https://www.murthy.com/2021/04/30/newsflash-u-s-to-ban-most-travel-from-india-to-curb-covid-19-spread/

There are obviously exceptions:

https://www.murthy.com/2021/05/05/exemptions-and-exceptions-to-proclamation-suspending-travel-from-india-to-curb-covid-19/

Thanks Sun. This should be greatly useful to anybody considering travel. It seems most of us would qualify as parents of US citizens it seems.

[march1612]

Quick update, I opened Service request with TSC as my PD is current for about two months now with my PD in March-2010. TSC closed my service request stating that they acknowledge that my case is outside of the processing time but ask me to continue to wait until a through processing is done. Not sure what it "thorough processing" means and do not see any RFE issued in my case.

Any thoughts?

[Turbulent_Dragonfly]

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal

There are some countries in EU if I remember right which require a stamped visa or they require you to have a transit visa while coming back into the US. So please be aware of those requirements. Also there will be secondary inspection at the port of entry here which can at times take some time but in view of Covid that may not be too much of an issue.

[donkeykong]

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

Lawyers received approval on 5/25/2021

[abcx13]

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.


I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

I believe AP is not sufficient to come back without spending 14 days outside of India, but if you are a parent of a USC child as others have pointed out, you should be able to come back.

You can check this app: https://travel-ban-app.webflow.io/

[gammaray]

Seepz123,

Sorry to know about your situation and hope your parents will recover soon. My personal advice to you is not to travel to India on AP at this time. I know it is a difficult situation, but think rationally and not emotionally. There is not much you can do there to help your parents. Let your close relatives take care of the situation and you provide financial help from here as necessary. Your date is current and you should get your GC any time now. Follow up with USCIS and your local senator, explain to them the urgency of the situation. With GC in hand, travel will be very safe.

If you still decide to travel without GC, good luck and hope everything works out for you.

C'mon now. Are we really that desperate as people for a gc that being with parents in such situations is acting emotionally? This should be a no brainer, even if OP faced a travel ban, imo. In any case OP is exempt from it so it's a non-issue.

[gammaray]

There are some countries in EU if I remember right which require a stamped visa or they require you to have a transit visa while coming back into the US. So please be aware of those requirements. Also there will be secondary inspection at the port of entry here which can at times take some time but in view of Covid that may not be too much of an issue.

Its western Europe mostly -- England, Germany, etc. The middle east doesn't require visa's however I believe Dubai and others have also imposed a travel ban on India. Safest bet, and I believe most people travelling in current times are doing anyway, is to be on direct flights namely United and Air India.

[rsnake]

If we are basing our analysis by extrapolating the first quarter data, I think we may be in for a pleasant surprise. Reason is, first quarter which is Oct-Dec is mostly holiday season and the processing is bound to be slow then. If second quarter data also shows the trend, I would understand.

By the time the 2nd quarter data comes out, it will be too late for a lawsuit or even for USCIS to do anything since they operate at a glacial pace. 1st quarter ended in Dec, we got the data for it now after 5 months. Second quarter ended March 31. So we will get the data at end of August. That means around a month left in the financial year. Do you think lawsuits can be filed and decided in 30 days? Even if the court decides in 2 weeks which is unrealistic, do you think USCIS can expedite and finish approving tens of thousands of additional GCs in 2 to 3 weeks?



I do anticipate some wastage, but that has always happened and it should not be more than 10%.


How has it 'always happened' when it's the first time that 261K visas are available? When was the last time such a high number was available? What makes you think it will be only 10%, i.e 26K.

Where I can agree is that I don't know if the lawsuit will do anything or may annoy people that are already working hard to expedite approvals in the summer. There aren't many good options to make our voice heard. Writing to senators only helps so much.

[idliman]

I believe AP is not sufficient to come back without spending 14 days outside of India, but if you are a parent of a USC child as others have pointed out, you should be able to come back.

You can check this app: https://travel-ban-app.webflow.io/
There is a separate thread with details on traveling with AP and the countries that require transit visa for Indian passport holders. Please see this (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP).

[smuggymba]

Yes this issue is specific to TSC. On trackit, people with late April PD's have physical GC in their hands. TSC is fkin up big time here.

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.


Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

[mitul75]

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.


I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

This is also a classic case where you can try and expedite your I-485 processing on humanitarian grounds, provided your dates are current. At worst they will deny your expedite request, but at the same time they may issue an RFE to further process your GC.

[tenyearsgone]

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.


Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Haha, I got the same update too today. Someone in Texas likely trolling us.

[Transformer]

Haha, I got the same update too today. Someone in Texas likely trolling us.

I see hundreds of 2012 filers getting this update per trackitt. Not sure if it is a bug or someone actively looking at these applications.

[rsnake]

I see hundreds of 2012 filers getting this update per trackitt. Not sure if it is a bug or someone actively looking at these applications.

My guess is that those cases got picked up in some automated report and got moved to a different internal queue for an AO to look at.

[korlakunta08]

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.


Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Today I got same message

[gsingh]

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks

[mohan_jgd]

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks

We were able to expedite the biometrics appointment for my wife citing job loss. You'd need to provide a good solid reason for the expedite request. She did get a bio-metrics appointment more than a month before us (me and my daughter). However no such luck on her EAD yet.

[smuggymba]

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.


Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.

[Zenzone]

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.

That's a happy ending man ;) Good Luck

[AceMan]

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.

Happy for you.

[abcx13]

Lawsuit on EB2/EB3 delays in case anyone wishes to join. I am thinking about it. It's only $500 more than Premium Processing Fees.

https://www.visalaw.com/indian-and-chinese-eb-2-eb-3-adjustment-of-status-delays/

[qesehmk]

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks

I am sorry my friend - I do not know this and will defer to others.

[gsingh]

We were able to expedite the biometrics appointment for my wife citing job loss. You'd need to provide a good solid reason for the expedite request. She did get a bio-metrics appointment more than a month before us (me and my daughter). However no such luck on her EAD yet.

Thanks mohan_jgd.I don't really have such a compelling reason.
I hope you get the EAD soon. For your PD with NBC, you might get the GC before that. Good luck!

[vsivarama]

Thanks mohan_jgd.I don't really have such a compelling reason.
I hope you get the EAD soon. For your PD with NBC, you might get the GC before that. Good luck!

It's ridiculous that we even need to provide a compelling reason for our EAD to be expedited after waiting for 7 months and that too for a 1 year work permit. Maybe some of the old timers can shed some light on this. I thought all they need to adjudicate our EAD is to make sure we have a pending 485 application. If that's all they need, it hardly takes 5 minutes to approve an EAD.

[qesehmk]

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?


Friends - write a letter to your senator and congressman asking some action to avoid potential visa wastage. Here is a template.

https://www.qesehmk.org/forums/showthread.php/900-WhereismyGC-com-Related-Discussion-amp-Updates?p=82412&viewfull=1#post82412

[vedu]

This should be a no brainer, even if OP faced a travel ban, imo.

The above statement is exactly what I call an emotional response. The famous nobel prize winner psychologist, Daniel Kahneman calls it "System 1" thinking. The OP here is rightfully adopting a "System 2" thinking by carefully collecting all the facts before making the right decision for his/her unique situation. No decision should be a no-brainer in this difficult situation. The point here is to help the parents, and not to get yourself in trouble. If that can be better accomplished by he traveling to India personally, then by all means, he should do that, but ONLY after giving proper consideration to all the relevant facts. One should read Kahneman's book, "Thinking, Fast and Slow" to learn more on this subject.

[vedu]

It's ridiculous that we even need to provide a compelling reason for our EAD to be expedited after waiting for 7 months and that too for a 1 year work permit. Maybe some of the old timers can shed some light on this. I thought all they need to adjudicate our EAD is to make sure we have a pending 485 application. If that's all they need, it hardly takes 5 minutes to approve an EAD.

Normally it shouldn't take that long time to get EAD approved, but currently their main focus may be on approving as many GCs as possible, and that's where they seem to have deployed most of their manpower. Because of that EAD/AP applications processing may be either on a hold or on a slow burner.

[GCGCGCGC]

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

Thank you Q for sharing, Yes I did.

[delguy]

Normally it shouldn't take that long time to get EAD approved, but currently their main focus may be on approving as many GCs as possible, and that's where they seem to have deployed most of their manpower. Because of that EAD/AP applications processing may be either on a hold or on a slow burner.

I wish this was true but by looking at the pace of 485 approvals trickling in, I doubt there is any urgency at USCIS to issue GCs on priority. On the contrary the priority seems to be wasting as much GCs as they can.

[cciedata11]

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

I did for the first time.

[08jul11]

Do we know if USCIS is honoring the date of filing chart(ie: 01AUG2011) for EB2 starting June 1st?

Sorry, couldn’t find it explicitly on visa bulletin

[MKPD2015]

Do we know if USCIS is honoring the date of filing chart(ie: 01AUG2011) for EB2 starting June 1st?

Sorry, couldn?t find it explicitly on visa bulletin

No. They are honoring only Final Action Dates.

[shaisri]

I see hundreds of 2012 filers getting this update per trackitt. Not sure if it is a bug or someone actively looking at these applications.

We got the same message! Did anyone get a rfe after this update? I saw one person did bit wanted to check if it was a coincidence

[korlakunta08]

Good luck you are very close.

I am waiting for RFE ,I submitted my I-485J and got approval, then they sent medical RFE in 2019 Feb and submitted the evidence.

[Turbulent_Dragonfly]

I have been using the USCIS Case Tracker app search feature to see 250 cases before and after mine to check if there is any movement toward approvals for cases submitted in the first week of October. There have been very few but a lot of them seem to have interview requests lined up though I have not got any updates on my case.

[ImmiGiveMe]

I was checking the no of approved I-485 (Indian EB2 Primary applications) on trackitt and this how the numbers stack up by quarter as of today:

FY21-Q1: 26
FY21-Q2: 44
FY21-Q3: 103* (We still have one more month left)

Doesn't it show that USCIS have picked up pace in recent months. So the predicted visa wastage will not be that bad. Thoughts?

[MKPD2015]

I was checking the no of approved I-485 (Indian EB2 Primary applications) on trackitt and this how the numbers stack up by quarter as of today:

FY21-Q1: 26
FY21-Q2: 44
FY21-Q3: 103* (We still have one more month left)

Doesn't it show that USCIS have picked up pace in recent months. So the predicted visa wastage will not be that bad. Thoughts?

I agree, especially from last week of April, the approvals were more compared to prior quarters (from people posting here and trackitt and other telegram groups).I also believe the wastage will not be that bad. Even CO said in the latest chat that they thought USCIS wouldn't be able to process more visas last year and that they picked up speed last summer. I am hopeful there will be more approvals this summer as well.

[aGCHopefull]

I agree, especially from last week of April, the approvals were more compared to prior quarters (from people posting here and trackitt and other telegram groups).I also believe the wastage will not be that bad. Even CO said in the latest chat that they thought USCIS wouldn't be able to process more visas last year and that they picked up speed last summer. I am hopeful there will be more approvals this summer as well.

It has certainly picked up but is it really going to catch up? Most likely no! I still think there would be large volume of visa wastage. In addition to USCIS processing speed and interview requirements, we would have to watch out for tons of RFEs for medicals. I wish laywers should not have misguided to not file medicals.

[gammaray]

The above statement is exactly what I call an emotional response. The famous nobel prize winner psychologist, Daniel Kahneman calls it "System 1" thinking. The OP here is rightfully adopting a "System 2" thinking by carefully collecting all the facts before making the right decision for his/her unique situation. No decision should be a no-brainer in this difficult situation. The point here is to help the parents, and not to get yourself in trouble. If that can be better accomplished by he traveling to India personally, then by all means, he should do that, but ONLY after giving proper consideration to all the relevant facts. One should read Kahneman's book, "Thinking, Fast and Slow" to learn more on this subject.

One should also read "Zen and the Art of Motorcycle Maintenance" and "The Elephant in the Brain" and "Emotional Intelligence" and "Until the End of Time: Mind, Matter and Our Search for Meaning in an Evolving Universe", to try to get a cosmic perspective, to understand what is truly important to, and, in life and how to lead it. See what I did there? Citing "famous" authors or books is not basis of what is right and what isn't. But maybe for some people "getting yourself in trouble" is associated with their personal well-being and not of their families, in that case, there isn't much left to say really.

[gammaray]

It has certainly picked up but is it really going to catch up? Most likely no! I still think there would be large volume of visa wastage. In addition to USCIS processing speed and interview requirements, we would have to watch out for tons of RFEs for medicals. I wish laywers should not have misguided to not file medicals.

I am not sure it's misguided. Lawyers recommend based on their experiences with USCIS. Sending paperwork to USCIS that has not been requested can possibly have the opposite affect of slowing things down and I think that's where it's coming from. However with the unique situation of rapidly moving dates with a deadline to meet the visa quota, maybe sending documentation in advance for the folks nearing the dates might make sense. I believe some of the larger law firms are currently debating changing to that strategy.

[vedu]

One should also read "Zen and the Art of Motorcycle Maintenance" and "The Elephant in the Brain" and "Emotional Intelligence" and "Until the End of Time: Mind, Matter and Our Search for Meaning in an Evolving Universe", to try to get a cosmic perspective, to understand what is truly important to, and, in life and how to lead it. See what I did there? Citing "famous" authors or books is not basis of what is right and what isn't. But maybe for some people "getting yourself in trouble" is associated with their personal well-being and not of their families, in that case, there isn't much left to say really.

Sorry If I gave you any wrong misinterpretation in my earlier post. I would rather take every interaction with others as a learning opportunity than trying to prove any point to anybody. I genuinely cared for OP's post and hence gave him suggestions based on my limited view of the world. I have been through exactly the same situation last year that he is currently going through.

And thank you for listing these books. I am always looking for good books to read and will certainly look into these to see if they are up my alley.

[gammaray]

Sorry If I gave you any wrong misinterpretation in my earlier post. I would rather take every interaction with others as a learning opportunity than trying to prove any point to anybody. I genuinely cared for OP's post and hence gave him suggestions based on my limited view of the world. I have been through exactly the same situation last year that he is currently going through.

And thank you for listing these books. I am always looking for good books to read and will certainly look into these to see if they are up my alley.

Sure no worries, and all I was suggesting to the OP was taking care of family should be first, especially with a disease you don't know what the outcome would be. Everything else can be figured out. Travel, jobs, career, money and whatever else can all be revived. A life can't. Anyhow.

"Zen and TAMM" is one of the most profound philosophical books. Definitely the second most that I've read, after "The Critique of Pure Reason" -- which is just a tough read. ZTAMM is definitely recommended. And I am passionate about cosmology, so any Brian Greene books (Until the end of time, Elegant Universe) are recommended, if questions of the nature of the Universe, of space and time, of our origins, fascinates anyone.

[vsivarama]

And I am passionate about cosmology, so any Brian Greene books (Until the end of time, Elegant Universe) are recommended, if questions of the nature of the Universe, of space and time, of our origins, fascinates anyone. I am a cosmology buff myself. But, I am too lazy to read. I have lost count of the number of documentaries I have watched though. I try and listen to audio books whenever I can on these topics to cover up for my laziness. Looks like we need our on thread in this subject!!

[MeraNumber09]

Sorry If I gave you any wrong misinterpretation in my earlier post. I would rather take every interaction with others as a learning opportunity than trying to prove any point to anybody. I genuinely cared for OP's post and hence gave him suggestions based on my limited view of the world. I have been through exactly the same situation last year that he is currently going through.

And thank you for listing these books. I am always looking for good books to read and will certainly look into these to see if they are up my alley.


Kudos vedu for exemplary restraint and demonstrating the art of de-escalation!

[qesehmk]

"Zen and TAMM" is one of the most profound philosophical books. Definitely the second most that I've read, after "The Critique of Pure Reason" -- which is just a tough read. ZTAMM is definitely recommended.
I did computer science back in mid 90s. One of our crazy (i.e. great) teachers used to recommend ZTAMM. It is that old classic. Never read it though. I was a prolific reader until google came about. And then I only read soundbytes. The art of sitting 18 hours straight to finish a book in one sitting is lost forever on me.


I am a cosmology buff myself. But, I am too lazy to read. I have lost count of the number of documentaries I have watched though. I try and listen to audio books whenever I can on these topics to cover up for my laziness. Looks like we need our on thread in this subject!!
Me too! I generally watch anything related to cosmology. The latest AI driven cosmology is producing some mindboggling results and so are unbelievably ingenuous experiments such as LIGO!! Probably this is THE best time to be an astrophysicist.

Both of you - if you like Cosmology, AstroPhysics - this rather old discussion at CalTech is funny and profound at the same time.
https://www.youtube.com/watch?v=hU6TkfCGlX8


Kudos vedu for exemplary restraint and demonstrating the art of de-escalation!
Yes indeed. Particularly in times of stress, it can be very easy to misinterpret some of the harmless things others say. But generally this forum has been lucky we rarely see fights. I have to be honest - i am quite a hot headed person myself. Many others on the forum are actually better than me.

[qesehmk]

I did for the first time.

Very good. Coming from India we are not used to questioning authority. But in US it is not just ok but it is your right to question authority. Or even better, the authority is truly seen as public servants.

Glad you did it and I hope all others do so.

[kb2013]

Anyone considering this? Looks like it will be beneficial for applicants from India and try to save visa numbers that will otherwise get wasted
https://www.visalaw.com/delays-for-indian-and-chinese-eb-2-eb-3-i-140-based-adjustment-of-status-applicants-faq/?locale=en

[qesehmk]

Anyone considering this? Looks like it will be beneficial for applicants from India and try to save visa numbers that will otherwise get wasted
https://www.visalaw.com/delays-for-indian-and-chinese-eb-2-eb-3-i-140-based-adjustment-of-status-applicants-faq/?locale=en

Definitely worth a look folks. Doing something is better than nothing.

My own feeling is that lawyer's statement ...
QUOTE
We also believe that USCIS’ delays are thwarting Congress’ intent that where there is demand, all immigrant visas be used, and that in doing so is violating their legal obligation to use all available numbers each year.
UNQUOTE
may not be acceptable. There is no mandate that the visas be used. And that's even when there is no covid. When there is COVID USCIS will use it to fullest advantage.

However - I do think it is worth trying folks. Don't sit quiet. No other people in the world would take such blatant discrimination. Why can't Indians fight back?

[mitul75]

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

I just did! And I wholeheartedly agree that we should try to come out of our shell and speak out about injustice and unfair practices that push us back as skilled immigrants who contribute so much to this society. This is exactly opposite to how other immigrant communities in the minority have acted - in unity and solidarity with fellow immigrants.

I would urge everyone to write to your local congressman or senator asking them to take action on impending wastage of visas - the template is there and you just go and fill it out online. It took me less than 5 minutes to complete. Maybe it won't be enough to move the needle, but what's there to lose in trying? Think about it, even if 5% of visas are wasted this year, that amounts to 13K visas, which is equivalent to 6 months of movement in the most heavily backlogged category. Wastage in the magnitude of 50-60K as predicted by some will set us back by several years, which is inexcusable.

[SG2020]

I just did! And I wholeheartedly agree that we should try to come out of our shell and speak out about injustice and unfair practices that push us back as skilled immigrants who contribute so much to this society. This is exactly opposite to how other immigrant communities in the minority have acted - in unity and solidarity with fellow immigrants.

I would urge everyone to write to your local congressman or senator asking them to take action on impending wastage of visas - the template is there and you just go and fill it out online. It took me less than 5 minutes to complete. Maybe it won't be enough to move the needle, but what's there to lose in trying? Think about it, even if 5% of visas are wasted this year, that amounts to 13K visas, which is equivalent to 6 months of movement in the most heavily backlogged category. Wastage in the magnitude of 50-60K as predicted by some will set us back by several years, which is inexcusable.

I second that. My wife had joined the H4-EAD lawsuit and we got it approved on the day the lawsuit was filed. Please note that this lawsuit won't be a class action - so only those who join will benefit.

[immibie]

My wife had joined the H4-EAD lawsuit and we got it approved on the day the lawsuit was filed. Please note that this lawsuit won't be a class action - so only those who join will benefit.
My spouse's H4 EAD expired a month back and she's staring at a job loss if she doesn't receive her EAD in the the next month or so, which going by the current processing times is pretty much impossible. Would you please throw some light on which law firm filed your law suit, the costs involved and the chances of success.

[AceMan]

The art of sitting 18 hours straight to finish a book in one sitting is lost forever on me.


I got married !!!