EB2-3 Predictions (Rather Calculations)

[abcx13]

Seems encouraging: https://www.nytimes.com/2021/05/31/us/politics/biden-immigration.html?referringSource=articleShare

[rsnake]

Seems encouraging: https://www.nytimes.com/2021/05/31/us/politics/biden-immigration.html?referringSource=articleShare

Interesting. Hope they atleast speed up getting rid of Trump's roadblocks. The removal of the need for H4 biometrics is a good first step, hopefully freeing up appointments for GC biometrics. Another big step would be to rollback the requirement for compulsory interviews for EB applications that a 2017 USCIS memo put in place. Now that Covid is going down, more interviews might start happening and delaying and wasting GCs.

On a related note, heard from a friend that they started requiring in person interviews for EB at the San Jose field office, can anyone confirm/deny this?

[LightAtEndOfTunnel]

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.

What was your PD, may I ask ? My PD is Feb-28,2012 (EB2-> EB3 downgrade) I filed PP for EB3 I-140 last week but I haven't heard anything since then (check is not cleared from my bank so not sure). In fact I am in same boat as thousand others who haven't seen any progress on the file since receipt notification in Feb,2021. I asked live agent in USCIS and they mentioned they have used previous bio-metrics for I-765 but no updates on I-485.

[srimurthy]

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?

The price seems to be high considering that the back loggers are already squeezed for a lot of money by USCIS and Lawyers. Even if 10K people join that will be huge. If the lawyers want the numbers I guess the price should be low so they can stack a lot more cases.

[qesehmk]

The price seems to be high considering that the back loggers are already squeezed for a lot of money by USCIS and Lawyers. Even if 10K people join that will be huge. If the lawyers want the numbers I guess the price should be low so they can stack a lot more cases.
I think a lot of people won't mind price if the outcome is certain and favorable. Their hesitation will be why bother if I don't know how it helps me.

If I were a lawyer, I would scope out the case in a manner where win is almost certain. e.g. instead of focusing on visa wastage as a violation of law (which it is really isn't in my opinion of course), I would focus on visa wastage being harmful to my clients and thus simply make USCIS pay for the damages and then as a sideshow use the lawsuit to drum up the plight of backlogged community. The trick then lies in measuring the damages and proving them as well as educating backlogged community about it.

[LightAtEndOfTunnel]

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

Is there a way to consolidate data and see reports on TrackItt. Every time I visit Trackitt I see a bunch of threads and makes it difficult to follow. Also I see a few instances of trolling there.

[Turbulent_Dragonfly]

Seems encouraging: https://www.nytimes.com/2021/05/31/us/politics/biden-immigration.html?referringSource=articleShare

I have seen this song and dance before. Nothing will come of it unfortunately. They will drag this to Summer of 2022 and then thrown their hands up and say Republicans are blocking it and there are elections coming up, then lose the House and keep carrying on for another couple of years saying we don't have both chambers to pass anything. Rinse and Repeat.

People who get greened this year and in FY2022 are just going to be fortunate because of a once in a decade or more spillover. There are no legislative solutions that will likely be agreed upon anytime in the future. I would have given it a chance if someone else other than the moron was potus last term but all bipartisanship has been wiped out for the next few years in my opinion.

[may2011]

Hello everyone,

I wanted your inputs on my case.I have a question regarding amended i-140

PD:May 7, 2011 EB2
Applied for AOS: Nov 2020.
Received Date:Nov 5, 2020
Receipt Date: Feb 23, 2021
Biometrics: Nothing as yet
Center:Nebraska

I have been with the same employer for the past 10 years.There is slight change in the name of the company eg ABC to ABC LLC .So they submitted an amended i140.The received and the receipt date for i-140 is same as mentioned above. My question is should

1)I apply for premium processing (PP) for i-140 now?
2) or should I wait till the next bulletin is release and then apply for PP? I am hoping that my i-140 will be processed by then.My rationale behind waiting is that my PD will mostly be current in the August bulletin.I will anyways have to wait for medical RFE.

[gammaray]

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!!



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.

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.


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.


Definitely a modern classic (think it was published in the 70's). Not 18 hours, it took me several weeks to complete ZATMM when I first read it 20+ years ago - I remember it took me couple days to get through certain 5 pages, to completely understand what Pirsig was saying and how I interpreted it in my mind.
I agree, with the advent of internet and smartphones, the decline in attention spans has been linear with time. I remember growing up in the 90's when there was no internet or cable tv or cell phones (at least in early/mid 90s), life was simpler and fun, it was just two great activities -- reading books and playing outdoors, and I couldn't wait to get back to a book and get immersed in it, after dinner or in the afternoons on the weekends. Now its definitely much harder to concentrate and sit with a book for too long. And the current gen Z and Alpha, that grew up on ipads and smartphones, have an attention span of a fruit fly.

If you guys enjoy audio more then I would suggest listening to the following podcasts for astrophysics:

- Startalk
with Neil deGrasse Tyson --- I wasn't a fan of Tyson, too pop culture, superficial knowledge about a lot of stuff but no real in-depth insights, for me. But I must admit I do enjoy his podcast especially the Cosmic Queries episodes, and he's good at being very lucid, and has a knock of simplifying the question and talking about the complicated world of relativity and quantum mechanics.

-Daniel and Jorge Explain the Universe

- Science Rules with Bill Nye
This has a myriad of subjects but there are some episodes dedicated to space.

- Ask a Spaceman
with Paul Sutter ---- One person narration and a little monotonous for me.

For the latest Space/cosmology news:

-SpaceTime
with Stuart Gary

-Planetary Radio

Sorry, this was a digression to the topic of the thread.

Back to the all important life sustaining immigration matters (healthy dollop of sarcasm).

[gammaray]

Hello everyone,

I wanted your inputs on my case.I have a question regarding amended i-140

PD:May 7, 2011 EB2
Applied for AOS: Nov 2020.
Received Date:Nov 5, 2020
Receipt Date: Feb 23, 2021
Biometrics: Nothing as yet
Center:Nebraska

I have been with the same employer for the past 10 years.There is slight change in the name of the company eg ABC to ABC LLC .So they submitted an amended i140.The received and the receipt date for i-140 is same as mentioned above. My question is should

1)I apply for premium processing (PP) for i-140 now?
2) or should I wait till the next bulletin is release and then apply for PP? I am hoping that my i-140 will be processed by then.My rationale behind waiting is that my PD will mostly be current in the August bulletin.I will anyways have to wait for medical RFE.

'Guessing you are asking the question because you and not the employer has to pay for PP. I-140 regular processing times are 6-7months, not sure what the latest is due to the delays, but you are very close to getting an adjudication. I say waiting a month or two won't hurt you.

[may2011]

'Guessing you are asking the question because you and not the employer has to pay for PP. I-140 regular processing times are 6-7months, not sure what the latest is due to the delays, but you are very close to getting an adjudication. I say waiting a month or two won't hurt you.

Yes.The employer isn't paying for PP.The cost is pretty high..so wanted to know if its worth the cost.The last time I applied for PP for H1B, I paid the cost and it got approved under regular processing ...but they refunded the PP fee that time:)

Thanks for your response

[LightAtEndOfTunnel]

I have seen this song and dance before. Nothing will come of it unfortunately. They will drag this to Summer of 2022 and then thrown their hands up and say Republicans are blocking it and there are elections coming up, then lose the House and keep carrying on for another couple of years saying we don't have both chambers to pass anything. Rinse and Repeat.

People who get greened this year and in FY2022 are just going to be fortunate because of a once in a decade or more spillover. There are no legislative solutions that will likely be agreed upon anytime in the future. I would have given it a chance if someone else other than the moron was potus last term but all bipartisanship has been wiped out for the next few years in my opinion.

Absolutely right ! It's all vote-bank politics. Southern border with sizeable population has been predominantly red. How do you get them to turn to blue / swing states? By allowing more and more illegal immigrants to get naturalized under democrat rule, there is a chance that sentiment may shift. Most of the jobs (barring Texas) for legal immigrants exist predominantly in blue states, so who cares? There is another more recent initiative: Eagle Act: https://eagleact.info/ which will more or less meet the same fate as that of HR.1044/S.386.

[LightAtEndOfTunnel]

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.

Does anyone anticipate any adverse effects of joining the lawsuit ? Like it may, delay your processing in case the results are not favorable, just as USCIS' way of getting back at you. You definitely don't want to be in their bad books.

[shaisri]

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

4 days after we just received a physical letter stating uscis is using the biometrics on file and we don?t need to resubmit fingerprints again! Does this mean they are processing the case ? Or is just another of their canned updates!

[korlakunta08]

I received Saturday same letter

[donkeykong]

Trying prediction thread, as I did not get response on the other one --

I'm in an interesting situation. My PD is EB2 June 2010. Last year, I switched jobs and my PERM was about to be filed when dates moved. We filed based on my spouses PD Mar, 2011 (EB2). We received EAD earlier this year based on it.
Now, my PERM is approved and my company will be filing I-140+I-485.
- I assume I-693 should be filed at this stage?
- What's a realistic timeline for this application? Will USCIS issue new EADs?
- Can we file EAD renewal in June? They expire in Jan next year.

Thanks,

[beagle]

Trying prediction thread, as I did not get response on the other one --

I'm in an interesting situation. My PD is EB2 June 2010. Last year, I switched jobs and my PERM was about to be filed when dates moved. We filed based on my spouses PD Mar, 2011 (EB2). We received EAD earlier this year based on it.
Now, my PERM is approved and my company will be filing I-140+I-485.
- I assume I-693 should be filed at this stage?
- What's a realistic timeline for this application? Will USCIS issue new EADs?
- Can we file EAD renewal in June? They expire in Jan next year.

Thanks,

In your wife's AOS, she is the primary and you are the dependent. March 2011 EB2 will be current in July/August bulletin for sure. What is the need to file yet another AOS so close to being current ? I understand you can file with your June 2010 PD immediately. By the time you get your receipt and such, July 2021 bulletin will be out. I think it will be March 1, 2011 for EB2 in July bulletin. But in August 2021 bulletin, Mar 2011 EB2 will be current for sure. And, you can save $$ by not filing with your AOS application.

[idliman]

Trying prediction thread, as I did not get response on the other one --

I'm in an interesting situation. My PD is EB2 June 2010. Last year, I switched jobs and my PERM was about to be filed when dates moved. We filed based on my spouses PD Mar, 2011 (EB2). We received EAD earlier this year based on it.
Now, my PERM is approved and my company will be filing I-140+I-485.
- I assume I-693 should be filed at this stage?
- What's a realistic timeline for this application? Will USCIS issue new EADs?
- Can we file EAD renewal in June? They expire in Jan next year.

Thanks,
There are a lot of details to address your situation.

What to do to preserve donkeykong's PD:
Because you already have an approved PERM, it may be better to file I-140 immediately. Maybe ask for premium I-140 instead of new I-485. see below. This is just a contingency in case PDs retrogress for your wife.

donkeykong stays as a Derivative:
Your spouse's PD of Mar 2011 should be FA current in the next bulletin. So it may be better for you to stay as a derivative (instead of being a primary applicant). You already had filed for I-485. The A# remains the same. Moreover, USCIS claims to process applications based on Received Date. So that should give you a higher priority. However you need to figure out a way to submit I-693. Interfiling I-693 might be a good way to do it. This is fine because I don't anticipate PD retrogressing for EB2 March 2011.

donkeykong becomes the Primary Applicant:
You will file I-140 with your approved perm. As you already have filed a I-485, you have two options.

File a new I-485 again. This is not a standard route and only some hotshot attorneys will do it. This way you will pay for I-485 fees, figerprints and full fees. Law firm benefits.
The attorney will ask for "Transfer of Underlying Basis" a.k.a. "interfiling". They will write a letter to USCIS to request you to make as primary applicant. I would advise you to stay put and wait for the I-140 premium to get approved before you do this.


You said you already got EADs. Those EAD's were based on your spouse's I-485 application. If you change underlying basis, then the EAD that was already issued to be might be invalid. You may have to request a new EAD. This is a question for your attorney. With EAD approval times about 6 months now a days, changing basis may not be appropriate (unless you both have separate H1B's and valid visa stamps on passport).

General Advice:
Just do your I-140 and ask your attorneys to "interfile" I-693's to the existing file. Wait till your wife's PD becomes "FA" current in the next 1 or 2 bulletins. Use existing EAD's and apply for renewal prompty using EAD/AP renwal template.

My general philosophy is not to give too many chances for your paralageal, attorney and USCIS to mess up your cases. Sometimes having patience and playing the waiting game will help. You are not going to gain anything significant with your immigration goals other than claiming that you are from "Mars" whereas your spouse is from "Venus". Both the "Mars" and "Venus" GC's look and smell the same other than the Category (E26 vs E27).

Good Luck.

Additional Info: The primary applicant should be prepared to stay in the same job for a period of 6 months ("reasonable" time) after getting GC. So that's an additional point to consider before transferring the underlying basis.

[may2011]

Just a rant

PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.
Applied for i140 Amendment (company name change): Nov 2020
Received Date:Nov 5, 2020
Receipt Date: Feb 23, 2021
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting

Just venting out my frustration.I know there are thousands more in a similar situation.The wait is agonizing.We had applied for my spouses H4 and H4EAD in June 2020.No updates on H4 status or GC EAD status as of now.I see many people with PDs in 2013/2014 getting EADs and RFEs.This zigzag pattern of approvals is so frustrating and frankly agonizing.I remember sitting till 3am to complete my AOS application packet so the lawyer can send it in Oct 2020.The lawyer sent our packet on Nov 1st.Although its just a delay of a few days, it has potentially caused a delay of 6 months or more wrt to processing and approvals.I am so tired of checking the status of my I140 amendment, EAD/AP every few days.Sorry for my rant..was just beyond frustrated today..This form has been a great resource and source for me..Thanks :)

[rsnake]

Trying prediction thread, as I did not get response on the other one --

I'm in an interesting situation. My PD is EB2 June 2010. Last year, I switched jobs and my PERM was about to be filed when dates moved. We filed based on my spouses PD Mar, 2011 (EB2). We received EAD earlier this year based on it.
Now, my PERM is approved and my company will be filing I-140+I-485.
- I assume I-693 should be filed at this stage?
- What's a realistic timeline for this application? Will USCIS issue new EADs?
- Can we file EAD renewal in June? They expire in Jan next year.

Thanks,

Others have given good suggestions and unless you have a good reason, it's better not to have 2 different I-485s pending. When they look at your first case, they will use your A# etc to pull your other applications and then they have to ask you to withdraw one, all of which causes delays and potential mistakes from USCIS since multiple 485s is a rare occurrence for adjudicators also. As others said I would say stay put with your current application. If you do decide to go with another 485 I would strongly suggest to first consult with a good high volume attorney that knows all the corner cases about multiple EB 485s to know the best path.

[rsnake]

Just a rant

PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.
Applied for i140 Amendment (company name change): Nov 2020
Received Date:Nov 5, 2020
Receipt Date: Feb 23, 2021
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting

Just venting out my frustration.I know there are thousands more in a similar situation.The wait is agonizing.We had applied for my spouses H4 and H4EAD in June 2020.No updates on H4 status or GC EAD status as of now.I see many people with PDs in 2013/2014 getting EADs and RFEs.This zigzag pattern of approvals is so frustrating and frankly agonizing.I remember sitting till 3am to complete my AOS application packet so the lawyer can send it in Oct 2020.The lawyer sent our packet on Nov 1st.Although its just a delay of a few days, it has potentially caused a delay of 6 months or more wrt to processing and approvals.I am so tired of checking the status of my I140 amendment, EAD/AP every few days.Sorry for my rant..was just beyond frustrated today..This form has been a great resource and source for me..Thanks :)

Have you tried expediting the GC EAD for your spouse stating job loss, drivers license issues, financial loss etc.? Expediting EAD seems to be working for some, it's hit or miss depending on which agent and which officer eventually looks at it.

[donkeykong]

Others have given good suggestions and unless you have a good reason, it's better not to have 2 different I-485s pending. When they look at your first case, they will use your A# etc to pull your other applications and then they have to ask you to withdraw one, all of which causes delays and potential mistakes from USCIS since multiple 485s is a rare occurrence for adjudicators also. As others said I would say stay put with your current application. If you do decide to go with another 485 I would strongly suggest to first consult with a good high volume attorney that knows all the corner cases about multiple EB 485s to know the best path.

Thanks rsnake and idliman,
I will consult spouses attorney (Fragomen) and ask these questions to mine as well.
I really like the suggestion -- filing I-140 and staying put. They are filing in premium but are going to take a few weeks to file it anyway. So waiting a couple of bulletins for I-485 won't hurt.

[txsguy]

Thanks rsnake and idliman,
I will consult spouses attorney (Fragomen) and ask these questions to mine as well.
I really like the suggestion -- filing I-140 and staying put. They are filing in premium but are going to take a few weeks to file it anyway. So waiting a couple of bulletins for I-485 won't hurt.

Please keep us posted on what you find as there will be many ppl who have spouse in EB3/EB2 or vice versa and will think whether to file another set of I-485 or use "Transfer of Underlying Basis".
I looked into old trackitt posts and USCIS was kind enough to automatically change the underlying basis to give you advantage if your I-140 became current. Those were the days of 2005 when USCIS would issue you RFE saying do you want to use this I-140/I-130 for your GC :).

Right now it seems even if you send transfer of underlying basis letter, you barely get acknowledgement.

[montyp80]

Have you tried expediting the GC EAD for your spouse stating job loss, driver's license issues, financial loss etc.? Expediting EAD seems to be working for some, it's hit or miss depending on which agent and which officer eventually looks at it.

Others can chime in if I am wrong but for ER, the pre-requisite is biometrics completion (?)

With regards to ER, it indeed is hit or miss. So here is my experience with that:

I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)

I think learning here is to be persistent and of course, use genuine reasons for ERs (in the OPs case, as you suggested, financial loss will be appropriate) as you may be asked to submit supporting documentation.

Hope this is helpful to others here.

[srimurthy]

I-693 Vaccine payments and coverage moved to its own thread:
https://www.qesehmk.org/forums/showthread.php/2960-I-693-Options-around-Vaccinations-and-payments?p=82579#post82579

[smuggymba]

Can your boss/manager sign the I-485 Supplement J paperwork? My HR is super lazy and slow and very apprehensive.

I have Foster as my personal attorney (changed jobs but kept same attorney) and they had asked company related info and it's been over 4 days and HR has not responded despite several emails/cc'ing her boss/setting up a meeting in which she said that she will share the info asap. What is wrong with these ppl; I don't get it.

[android09]

Can your boss/manager sign the I-485 Supplement J paperwork? My HR is super lazy and slow and very apprehensive.

I have Foster as my personal attorney (changed jobs but kept same attorney) and they had asked company related info and it's been over 4 days and HR has not responded despite several emails/cc'ing her boss/setting up a meeting in which she said that she will share the info asap. What is wrong with these ppl; I don't get it.

Im not sure your boss/manager will be willing to put their name, title, contact and represent the company without approval from HR/Legal in your firm. That too on a federal form related to immigration. It puts them and the company at liability risk should something go south. Better be safe on this and not block out HR/Legal. Use your boss/manager to push HR to give you what you need.

[nbk1976]

Can your boss/manager sign the I-485 Supplement J paperwork? My HR is super lazy and slow and very apprehensive.

I have Foster as my personal attorney (changed jobs but kept same attorney) and they had asked company related info and it's been over 4 days and HR has not responded despite several emails/cc'ing her boss/setting up a meeting in which she said that she will share the info asap. What is wrong with these ppl; I don't get it.

My HR (AC21 employer) was also wary of filling this form. I had have a face to face meeting to convince her that this was not immigration sponsorship. Tell HR clearly that this is a "supplement" to a form already filed called I-485. Walk him or her through pages 5-7. There is no mention of sponsorship. The purpose of the form is to collect current employment information so that determination of portability can be made. The employer portion is only about the company and the job which they would put down on a job verification letter all the time.

Don't work with HR employees who are not supervisors. I would go to the highest HR officer.

[EB22010Dec]

Gurus - when will the 6 month counter start that enables people to change JOBS after GC.
Will it start from 485 application date or GC Approval date ?

[rsnake]

Gurus - when will the 6 month counter start that enables people to change JOBS after GC.
Will it start from 485 application date or GC Approval date ?

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

[Zenzone]

Gurus - when will the 6 month counter start that enables people to change JOBS after GC.
Will it start from 485 application date or GC Approval date ?

Your AC21 portability to switch to a job category that falls within the same or similar job classification kicks in 180 days after you file your I-485 application. Specifically from the USCIS received date captured on your I-485 receipt notice. Using the Ac21 portability provision, you will be able to switch to a new job/employer without having to re-do your PERM and I-140. You will still need to file an updated Form-J supplement for the new job. Hope this helps.

Separately, after your GC is approved you are pretty much free to do whatever you want. There is no stipulation that is codified via. a law or regulation or an agency procedural guidance!

[2011Feb]

Friends,

Quick question , After being current if we are not getting GC, when do we (how many days or months) seek for help from Senator or Congress man for help?
I know some people are waiting for months after being current. Just curious to know.

[AceMan]

Friends,

Quick question , After being current if we are not getting GC, when do we (how many days or months) seek for help from Senator or Congress man for help?
I know some people are waiting for months after being current. Just curious to know.

I think we can start calling them right from the first day.

However I would let people work in peace and deliver it in due process time.

[Turbulent_Dragonfly]

Friends,

Quick question , After being current if we are not getting GC, when do we (how many days or months) seek for help from Senator or Congress man for help?
I know some people are waiting for months after being current. Just curious to know.

Unless you are a 2012 filer, I don't know how you can push for that. I tried with MSC and they asked me to wait 30 months before they can open a request.

[2011Feb]

I think we can start calling them right from the first day.

However I would let people work in peace and deliver it in due process time.

Thanks AceMan. Looks like we both are having same PD month (Also in EB3). Let's wait and see . :-)

[prabakarb]

My I485 status just changed to RFE sent. Awaiting for RFE, I am sure it is for medicals and supplement J. Priority date 4/2/2010. Any help reg. how to reply supplement J would be helpful. My EAD expires on 8/19 and still pending with TSC.

[korlakunta08]

My I485 status just changed to RFE sent. Awaiting for RFE, I am sure it is for medicals and supplement J. Priority date 4/2/2010. Any help reg. how to reply supplement J would be helpful. My EAD expires on 8/19 and still pending with TSC.


Cool MY PD is 2010/02/13 still no update

[nbk1976]

How long is it taking TSC to issue Green Cards once they receive RFE response?

[AceMan]

Thanks AceMan. Looks like we both are having same PD month (Also in EB3). Let's wait and see . :-)

Registered for the text updates? I am yet to do that.

After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.

[asankaran]

How long is it taking TSC to issue Green Cards once they receive RFE response?

Welcome to play the patience game!! I have noticed it's taking close to 2-3 months and people getting approved after raising SR and contacting senate and congressional office. Hopefully it doesn't become exponential with priority dates being pushed aggressively.

[EB22010Dec]

Your AC21 portability to switch to a job category that falls within the same or similar job classification kicks in 180 days after you file your I-485 application. Specifically from the USCIS received date captured on your I-485 receipt notice. Using the Ac21 portability provision, you will be able to switch to a new job/employer without having to re-do your PERM and I-140. You will still need to file an updated Form-J supplement for the new job. Hope this helps.

Separately, after your GC is approved you are pretty much free to do whatever you want. There is no stipulation that is codified via. a law or regulation or an agency procedural guidance!

Thank you for the explanation.

What if I get GC before the end of 6 months. Can I still switch jobs after 6 months of the 485-received date?

Also for people who have done concurrent filing, how long will it take to get GC if they are current.

I am asking these questions because I have to make big life decisions about moving cities and talking to my management about my career at the company ...For the first time in my career of 15 years in the US, I feel like I am getting the freedom to go say pay-up or pound sand.

Even though I have been pretty aggressive in my career in switching jobs and making companies apply perms(I am on 5th one right now), not having that fear of someone being able to control your destiny by holding a piece of paper is priceless. It's very liberating.


I wish happens to as many people here as possible and we all get out of this purgatory.

Thank you very much in advance.

[idliman]

Gurus - when will the 6 month counter start that enables people to change JOBS after GC.
Will it start from 485 application date or GC Approval date ?

I believe, I have answered this question in detail. But here's a different take. It is Saturday and I don't want to keep counting the numerous chances that NZ is providing for Rory Burns.

EB based green card is provided on the basis of offer of employment for a future permanent position. The law requires that the position be permanent (meaning duration is indefinite), however it does not expect you to work forever in the job. If you change job immediately after GC, USCIS may take that as evidence that you never intended to remain and work in the full time position. This might lead to USCIS revoking (or rescinding) the GC.

However, USCIS does not have the manpower to actively keep tabs on what people do after GC. In the N-400 form, you will declare where you worked after GC and for how long. That's how USCIS gets to review your employment after GC unless you show up on their radar for something else (criminal, terrorism, etc.). The one thing an N-400 adjudicator will look for is whether you showed bad faith by not working for the GC employer for a reasonable time.

The reasonable time is not defined anywhere, however based on past legal precedence, attorneys will advise a minimum of six months or six-to-twelve months to be safe. The 5 year clock starts from the day you become PR which is printed on the GC or usually CPO date.

Now here's an additional twist from DOJ EOIR Policy Manual (https://www.justice.gov/eoir/eoir-policy-manual/7/3):


In a rescission proceeding, an Immigration Judge determines whether an alien?s status as a lawful permanent resident should be "rescinded," or taken away, because alien was not entitled to become a lawful permanent resident. See generally 8 C.F.R. ? 1246.1 et seq. An alien's lawful permanent resident status may not be rescinded if more than 5 years have passed since the alien became a lawful permanent resident. See INA Article 246(a).

So if you apply for N-400 (Naturalization), 5 years after getting GC (not in 4 years 9 months), you are protected from rescission because 5 years have passed. However, if you apply for naturalization in say 4 years 9 months and an AO sends rescission notice within 3 months, the clock would stop immediately. Then you will not be able to get Citizenship and at the same time USCIS cannot take away your GC. You will be somewhere in Swarga (heaven) but not attain Moksha (divine). Basically you will be in legal limbo again.

So if you want complete freedom and break away from the cycle of immigration death and rebirth (renewal of GC and voting rights), stay with your GC employer for at least six months after GC.

[idliman]

What if I get GC before the end of 6 months. Can I still switch jobs after 6 months of the 485-received date?

Boss you are confusing about different things. The AC21 180 day clock is for changing employers (job portability) when your GC is pending. Once GC or LPR is approved it does not matter when you applied or for how long your GC was pending.

After GC is approved, threre are two more clocks mainly towards becoming a US Citizen.

A 6 months clock for staying with GC employer and
A 5 year clock from Department of Justice for Recission proceedings.

[LightAtEndOfTunnel]

Hello experts,

My PD is Feb,2012, and my EB3 I-140 (downgrade) was approved last week under premium processing. Barring this I haven't had any progress on my I485, I-765 case. I have a potential job offer that I declined in Jan-2021 due to compensation reasons, but employer has come back with revised and lucrative numbers. I am in a dilemma right now, whether to take this offer or wait till I get my EAD/GC. I spoke to an independent immigration lawyer (not the one that my employer keeps, because the Frog lawyer has misguided me literally through my entire immigration journey) and their personal (not legal) opinion was to wait a year more (since I have waited 13 years anyway, yeah I started my perm process in 2008 but due to various reasons beyond my control I could only get PERM approved in 2012). They have a good feeling that I may get my GC in 2022. One thing I forgot to ask the lawyer, does changing job right now mean restarting the PERM processing all over again in my case?

[idliman]

Hello experts,

My PD is Feb,2012, and my EB3 I-140 (downgrade) was approved last week under premium processing. Barring this I haven't had any progress on my I485, I-765 case. I have a potential job offer that I declined in Jan-2021 due to compensation reasons, but employer has come back with revised and lucrative numbers. I am in a dilemma right now, whether to take this offer or wait till I get my EAD/GC. I spoke to an independent immigration lawyer (not the one that my employer keeps, because the Frog lawyer has misguided me literally through my entire immigration journey) and their personal (not legal) opinion was to wait a year more (since I have waited 13 years anyway, yeah I started my perm process in 2008 but due to various reasons beyond my control I could only get PERM approved in 2012). They have a good feeling that I may get my GC in 2022. One thing I forgot to ask the lawyer, does changing job right now mean restarting the PERM processing all over again in my case?
Your I-485 was received by USCIS on 11/04/2020. Your I-485 is still pending beyond 03MAY2021 (or USCIS received date + 180 days). AC21 eligibility means that you don't need to do another PERM and I-140, however you need to show that your new job is in the "same or similar" category. Moreover, your underlying I-140 is also approved for the I-485 application. Please make sure that you get a copy of the I-140 approval notice.

Even if the employer requests a revocation of I-140 or the business terminates, an approved I-140 remains valid once I-485 has been pending for 180 days. However, you need a bona fide job offer. If your employer revokes I-140 after 180 days, USCIS will send a NOID as you have not submitted an I-485 Supp J proactively. NOID is not a big deal. You will respond with AC21 job portability and justify "same or similar" category job justification. It is not a simple question of switching, but being prepared for "same or similar" justification that comes with that.

Please read more about AC21 "same or similar" justification. I had always advised people to get a copy of their PERM either through the company or using FOIA. Matching your new job based using underlying PERM description, exponentially increases the probability of I-485 Supp J approval.

For anyone who wants to change employers, my advice is to first wait 180 days to get AC21 eligibility. Then switch before GC is approved and immediately (proactively) file I-485 Supp J. However, once GC is approved stay with your company for at least 6 moths. See my previous post for the reasons.

Hire a good attorney or work with the attorney of the new company on job description and I-485 Supp J justification. The first thing they will ask for is a copy of your PERM. I don't see any issues in changing jobs for your case as long as you put effort to make sure that your "same or similar" justification is perfect.

Good Luck.

[may2011]

Topic:Expedited request

Hi,

I tried to raise an expedited request(ER) via EMMA, but the agent pasted a big paragraph about eligibility criteria for ER.I tried calling the USCIS customer case, but no response.I keep on reading about tier1 and tier 2 agents.How do you reach them? If anyone has had their ER request approved ; what number did you call?

PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.(Received Date:Nov 5, 2020)
Applied for i140 Amendment (company name change): Nov 2020(Received Date:Nov 5, 2020)
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting

[msbmsb]

How long is it taking TSC to issue Green Cards once they receive RFE response?

Give it about 4 to 6 weeks.

[idliman]

I have been requested by the Original Poster (OP) to delete out his contents as that message is no longer valid.

From my personal side, I though I presented the facts and analysis as it is without any sugarcoating. I guess I have to tone down.

[RVSree]

Your I-485 was received by USCIS on 11/04/2020. Your I-485 is still pending beyond 03MAY2021 (or USCIS received date + 180 days). AC21 eligibility means that you don't need to do another PERM and I-140, however you need to show that your new job is in the "same or similar" category. Moreover, your underlying I-140 is also approved for the I-485 application. Please make sure that you get a copy of the I-140 approval notice.

Even if the employer requests a revocation of I-140 or the business terminates, an approved I-140 remains valid once I-485 has been pending for 180 days. However, you need a bona fide job offer. If your employer revokes I-140 after 180 days, USCIS will send a NOID as you have not submitted an I-485 Supp J proactively. NOID is not a big deal. You will respond with AC21 job portability and justify "same or similar" category job justification. It is not a simple question of switching, but being prepared for "same or similar" justification that comes with that.

Please read more about AC21 "same or similar" justification. I had always advised people to get a copy of their PERM either through the company or using FOIA. Matching your new job based using underlying PERM description, exponentially increases the probability of I-485 Supp J approval.

For anyone who wants to change employers, my advice is to first wait 180 days to get AC21 eligibility. Then switch before GC is approved and immediately (proactively) file I-485 Supp J. However, once GC is approved stay with your company for at least 6 moths. See my previous post for the reasons.

Hire a good attorney or work with the attorney of the new company on job description and I-485 Supp J justification. The first thing they will ask for is a copy of your PERM. I don't see any issues in changing jobs for your case as long as you put effort to make sure that your "same or similar" justification is perfect.

Good Luck.

Hi Idliman,

What would be your suggestion for the scenario described below:

PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.

I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?

Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?

[2011Feb]

Registered for the text updates? I am yet to do that.

After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.

Yes, I registered for email and text update in USCIS site.

[srimurthy]

Yes, I registered for email and text update in USCIS site.

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?

[idliman]

Hi Idliman,

What would be your suggestion for the scenario described below:

PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.

I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?

Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?
EB2-I April 2011 might become FA current in the July VB. It has a very high probability of getting current in the next few bulletins. You are already beyond 180 days from received date of I-485. That makes you eligible for AC21 portability.

In I-485 Supp J, Part 5 needs to be filed by the employer. Only questions 3 through 10 need business info. They are Business or Organization Name, EIN, Type of Business, Established Date, Current no of US Employees, Gross Annual Income, Net Annual Income and NAICS code. Then your HR will sign. Part 6 is AC21 "same or similar justification" with SOC code. The key is Part 6 where you will attach a separate page with detailed justification of why your new job is same or similar to the I-140/PERM job. Once you match the job tile (even partial is OK) and SOC code more than 50% of the justification is done. You can also take up additional functional roles in new company to make it easier. Other than these I-485 Supp J is an easy form. It is a contract from the company that they are offering you a FT position.

One thing you have to consider is whether you had already submitted I-693 and complete Birth Certificate data? Basically are you confidant that there will be no RFE for these items? If you have a chance of getting RFE, then submitting I-485 Supp J proactively is better. It will generate an RFE once the review of Supp J had completed.

I don?t know how long it takes to approve GCs now. I had stopped following tracking sheets. If I am in your position, I would negotiate a good job offer and may switch. It depends on whether the new job is my dream job or not. Also I would make sure that your new job matches GC / PERM job description. Before joining make a deal with the new company asking them to file I-485 Supp J immediately and proactively. Then start working with your existing attorney or new attorney and complete I-485 Supp J as soon as possible. Don?t be afraid to spend money. As you had seen above, the company part is just a few details. The attorney is paid to justify "same or similar", however your input is very important as the PERM job is suited to your skillset and you will know where the justification lies. And you should stay in the GC job for 6 to 12 months after getting GC.

If you want to avoid all of the above and are happy to wait one more year before switching jobs, that is perfectly fine and a wise decision too. By next summer, it would have been at least 6 months since you got your GC and are ready for N-400.

So whether to switch or not is your personal decision. However, I have presented the thought process to help you out. Good Luck.

[idliman]

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?
The following is a good site to find out the processing at Field Offices.
Latest Green Card Processing Times (greencardly.com) (https://www.greencardly.com/#/I-485)

The following site looks at the vicinity of a particular series of receipt numbers. That might help to get some data on approvals.
Nagesh - Profile | Tableau Public (https://public.tableau.com/profile/nagesh8819#!/)
https://public.tableau.com/app/profile/nagesh8819/viz/SRCCaseTracker-I485DailyUpdate/I-485Status
https://public.tableau.com/app/profile/nagesh8819/viz/SRCCaseTracker-I485Approvals/I-485ApprovalsbyStatus

How is everyone coping having waited for a few months with FA dates being current? Have the rate of approvals increased recently or they have remained more or less that same in the last few months?

[mitul75]

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?

While I can't give you an exact count, I can assure you that there are still lots of people with 2009 PD that haven't received an approval yet. Forget about approval, there are several with Jul/Aug/Sep-09 PD who haven't received an RFE yet. You can check some of the Trackitt posts or the google sheet trackers that they maintain for an idea about the trend.

[ak7419]

The following is a good site to find out the processing at Field Offices.
Latest Green Card Processing Times (greencardly.com) (https://www.greencardly.com/#/I-485)
There was a separate site to look at the vicinity of a particular series of receipt numbers. That might help to get some data on approvals.

How is everyone coping having waited for a few months with FA dates being current? Have the rate of approvals increased recently or they have remained more or less that same in the last few months?

In my opinion, approvals are only trickling in. I am still waiting for RFE after being current for seven months and there are several others who never received any RFE whatsoever since 2012.

[Turbulent_Dragonfly]

In my opinion, approvals are only trickling in. I am still waiting for RFE after being current for seven months and there are several others who never received any RFE whatsoever since 2012.

Meanwhile, people in July/Aug 2010 are getting green cards. The whole system is a shiteshow.

[rsnake]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

[srimurthy]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

So if we haven't made progress and cleared 2009 in the first three quarters, there is very little chance that most will be cleared and approved in the last quarter.
It may look like we can waste around 75 to 100 K visas and its been 8 months and so and people are not even getting EAD's. Earlier we were thinking the efforts may be consolidated to get the GC directly and now that seems to too slow

[Kesid23]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

[Turbulent_Dragonfly]

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

Check what is your Notice Date. From my research it looks like they have given up on trying to process by PD as it's probably near impossible to sort the paper apps. My application reached MSC on Oct 9 with a Notice Date of around Nov 12th and I had to expedite the EAD/AP. Last I checked a few days back, approvals for coming in for people who had a Notice Date in the first week of November. If you filed on Oct 20th, then it's possible your Notice Date is in Dec/Jan and it may take some time to reach that.

[qriousjunta]

Hi Idliman,

What would be your suggestion for the scenario described below:

PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.

I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?

Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?

I am in the similar situation.
PD : June 2010 EB2-India
Been current since April 2021. Got fingerprint done in March 2021.
Received receipt notice for I-485J last week for the 485 , 765, 131 packets sent back in October 2020.No EAD yet.
Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays or file an H1 transfer ?

[Kesid23]

Check what is your Notice Date. From my research it looks like they have given up on trying to process by PD as it's probably near impossible to sort the paper apps. My application reached MSC on Oct 9 with a Notice Date of around Nov 12th and I had to expedite the EAD/AP. Last I checked a few days back, approvals for coming in for people who had a Notice Date in the first week of November. If you filed on Oct 20th, then it's possible your Notice Date is in Dec/Jan and it may take some time to reach that.

Our notice date is 11/3/2021.

[Turbulent_Dragonfly]

Our notice date is 11/3/2021.

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.

[rsnake]

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.

It might be because of the officer assigned, them being slow or fast and also other caseload on their hands.

[rsnake]

Our notice date is 11/3/2021.

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!

[RVSree]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

[montyp80]

Topic:Expedited request

Hi,

I tried to raise an expedited request(ER) via EMMA, but the agent pasted a big paragraph about eligibility criteria for ER.I tried calling the USCIS customer case, but no response.I keep on reading about tier1 and tier 2 agents.How do you reach them? If anyone has had their ER request approved ; what number did you call?

PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.(Received Date:Nov 5, 2020)
Applied for i140 Amendment (company name change): Nov 2020(Received Date:Nov 5, 2020)
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting

I am going to share my experience:

I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)

I think learning here is to be persistent and of course, use genuine reasons for ERs as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.

[montyp80]

Registered for the text updates? I am yet to do that.

After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.

You should check out this app called 'Lawfully'. You can add all your cases and manage everything from one place. It gives you updates even before you receive text notification or email from USCIS directly. My case status updated to 'Card ordered...' and yet to receive any communications (email or text) from USCIS.

[RVSree]

EB2-I April 2011 might become FA current in the July VB. It has a very high probability of getting current in the next few bulletins. You are already beyond 180 days from received date of I-485. That makes you eligible for AC21 portability.

In I-485 Supp J, Part 5 needs to be filed by the employer. Only questions 3 through 10 need business info. They are Business or Organization Name, EIN, Type of Business, Established Date, Current no of US Employees, Gross Annual Income, Net Annual Income and NAICS code. Then your HR will sign. Part 6 is AC21 "same or similar justification" with SOC code. The key is Part 6 where you will attach a separate page with detailed justification of why your new job is same or similar to the I-140/PERM job. Once you match the job tile (even partial is OK) and SOC code more than 50% of the justification is done. You can also take up additional functional roles in new company to make it easier. Other than these I-485 Supp J is an easy form. It is a contract from the company that they are offering you a FT position.

One thing you have to consider is whether you had already submitted I-693 and complete Birth Certificate data? Basically are you confidant that there will be no RFE for these items? If you have a chance of getting RFE, then submitting I-485 Supp J proactively is better. It will generate an RFE once the review of Supp J had completed.

I don?t know how long it takes to approve GCs now. I had stopped following tracking sheets. If I am in your position, I would negotiate a good job offer and may switch. It depends on whether the new job is my dream job or not. Also I would make sure that your new job matches GC / PERM job description. Before joining make a deal with the new company asking them to file I-485 Supp J immediately and proactively. Then start working with your existing attorney or new attorney and complete I-485 Supp J as soon as possible. Don?t be afraid to spend money. As you had seen above, the company part is just a few details. The attorney is paid to justify "same or similar", however your input is very important as the PERM job is suited to your skillset and you will know where the justification lies. And you should stay in the GC job for 6 to 12 months after getting GC.

If you want to avoid all of the above and are happy to wait one more year before switching jobs, that is perfectly fine and a wise decision too. By next summer, it would have been at least 6 months since you got your GC and are ready for N-400.

So whether to switch or not is your personal decision. However, I have presented the thought process to help you out. Good Luck.

Thanks Idliman for your inputs which will be useful to other members too in this forum. Also, I have a follow-up question for you.

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

[h1bh1bh1b]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

Birth certificate issue date doesn?t matter! Government has the record of birth and has issued and it is valid. But have they issued with proper first name last name format? If not then you need signed affidavit! I had similar issue and got GC with affidavit.

[Kesid23]

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!

I was impressed with the fact that I received the medical RFE in March ,2021, the month when my date became current.
I have also been seeing quiet a few GCs getting approved within a month of responding to RFEs.

I do think the code 2/ code 3 mess up for my derivative may have screwed me over !!

The waiting game continues?.

[may2011]

thanks for sharing!

[may2011]

I am going to share my experience:

I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)

I think learning here is to be persistent and of course, use genuine reasons for ERs as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.

thanks for sharing...I am trying to convince them to schedule biometrics..spouse's H4/H4 EAD had been pending since June 2020.Raised aSR and the response was that they are waiting for biometrics.I have no idea who schedules biometrics

[gsingh]

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.

[idliman]

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov) (https://egov.uscis.gov/processing-times/)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt (https://www.trackitt.com/usa-discussion-forums/i485-eb/2176924737/ead-expedite-request-approved) with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)

[srimurthy]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

You can check and read the whole Birth and Marriage Certs discussions and affidavit formats and everything on the forum here
https://www.qesehmk.org/forums/forumdisplay.php/44-Birth-Certificate

[LightAtEndOfTunnel]

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov) (https://egov.uscis.gov/processing-times/)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt (https://www.trackitt.com/usa-discussion-forums/i485-eb/2176924737/ead-expedite-request-approved) with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)

Couldn't agree with you more Idliman. My wife is a doctor. A lot of residency programs are only open for citizens or permanent residents. Unlike engineering, medical colleges have like 6 or 7 seats for residencies per year so competition is super fierce and imagine you are not even eligible to apply at 50% of the institutions because of your visa status. Some medical colleges also have different tuition rates for foreign student (this is different from out of state tuition) and permanent residents and this is not a difference of $10/20K. This is like paying 200K / year vs paying 30K / year. Yes I am not joking.

[1312011_eb2I]

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?

[gsingh]

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.

Thanks idliman. Per usual very helpful.

So I summited an expedited request with USCIS over the phone this morning for I-765.
I just now got an email inquiry from USCIS and they mistakenly created the ER for I-485 and are requesting additional information. My PD(4/2012) is not even current for FAD.
I assume ER was created mistakenly for I-485 when I requested it for I-765 and provided the receipt number.
Has this happened with anyone else ?

Should I respond to the inquiry and clarify that ER was for I-765. Or let this expire and submit a new one for I-765 ?

[LeoAugust]

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.

[ImmiGiveMe]

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

Seems June is the month of cases at "National Benefits Center".. on trackitt the approvals in june are more from this center.

[qesehmk]

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.

[incredible]

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?

The processing times these days after FA is current can range anywhere from 2 weeks to 9 months. There are people who have the FA current back in October of 2020, but never got GC. There is no logic whatover right now with the way USCIS is processing. I think trackitt folks have tried to do some reasonable measure through RFE, RFER, RFE issuing Officer, RD, PD. But there are just too many variables. The one advice could be, if an RFE is received, try to send it back as soon as possible. I turned out to be one of the few lucky guys who got it in 2 weeks after being current. I can attribute that to my attorney who insisted in sending the RFER within 2 weeks of receiving it.

[LeoAugust]

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

[mr00us]

Some interesting USCIS policy updates ....
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf

[Turbulent_Dragonfly]

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

I would be very careful with this. Volunteering is fine when it is providing some service to non-profits like food banks, relief during disasters, volunteering to spruce up the local public school etc (I regularly do this). The moment you start providing "free labor" to a for-profit company who can use that essentially to make a profit, then you can get in trouble. I think of it as if you provide free service like attending meetings/providing suggestions which enhances the productivity of the company, then automatically you are providing services for free while someone (even yourself with another H1) could have been paid for doing that.

[LightAtEndOfTunnel]

New policy update from USCIS: https://www.uscis.gov/news/news-releases/uscis-updates-policies-to-improve-immigration-services. Notable changes are:


Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

[newsletter1978]

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals

[rsnake]

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals

There is a separate thread for this https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing

[rsnake]

New policy update from USCIS: https://www.uscis.gov/news/news-releases/uscis-updates-policies-to-improve-immigration-services. Notable changes are:


Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.


Both good steps, but no immediate relief for pending GC applications. The first one will help to reduce USCIS caseload starting one+ year down the line. Second one I believe was applied more to H1 approvals.

The big one that I am hoping and waiting for is to reverse the 2017 memo to have all EB GC applicants show up for interview. After covid started they unofficially started waiving it, but I think with Covid cases going down and most people getting vaccinated this rule will start getting applied again, delaying GCs atleast by 5 more months(current timeframe for getting interviews). Take it with a grain of salt, but heard rumors that San Jose field office started scheduling more people for interviews for EB cases.

Long shot but also hoping that USCIS will implement premium processing for EADs and I-485s that Congress gave it clearance for in Oct last year.

[qesehmk]

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?
Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.

[prabakarb]

I just received my RFE today for my 485 processing. RFE is for 485J and Medicals for me and for my wife medicals. Can someone help me on how to respond 485J? I am familiar with AC21 but 485J is new to me.

PD: 4/2/2010 EB2, TSC. Officer: XM1410

[shaisri]

I had previously asked for help because uscis kept ignoring our priority date on I-485 which is 01/07/2010 and kept looking at the filing date in the i140 as the priority date. Because of this they refused to pick our case up despite several SRs raised. Now in may we became current even by that wrong date but ofcourse we are far behind in the queue.
We have approached our congressman on help with expediting and they have said they will help . Let?s see if anything moves

[LeoAugust]

Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.

No. Not from that entity. Probably after 2-3 years.... yes.

[Sebiswaiting]

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showthread.php/2963-ServiCe-request-on-h1b-petition?p=82684#post82684

[gammaray]

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showthread.php/2963-ServiCe-request-on-h1b-petition?p=82684#post82684

Typical h1b premium adjudication time (at least in the recent past) has been 8 -10 calendar days. A SR to correct the employer name may restart the clock, so maybe give it another 10 calendar days? I am guessing ofcourse.

[gammaray]

No. Not from that entity. Probably after 2-3 years.... yes.

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.

[delguy]

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.

On a different note, if I am not wrong LeoAugust has filed AoS in Oct 2020, if the user waits for EAD, there shouldnt be any issue working voluntarily or paid

[LRT_INDIA]

Hi Mates,

Need your suggestion on my case.

PD: 29th September, 2011 in EB-2
Filed: EB-2 to EB-3 downgrade on 29th October, 2020 along with I-485, I-765 and I-131 and waiting for my I-140 in EB-3.

Planning to request premium processing for my EB-3 I-140 since it is pending for more than 7 months. My case went to Nebraska where my previous EB-2 140 approved

I moved to new employer in July 2021 and Perm process started 2 months back. My previous employer is co-operative and they are open torehire after I-485 approved. I am also willing to join back them after my case approved.

Do I need to need to move back to my previous employer now or I can work with current employer until my I-485 approved?

Thanks for your guidance.

Regards,
Laxmi

[abcx13]

Live tweeting from USCIS and DoS AILA Panel -
https://twitter.com/LilySAxelrod
https://twitter.com/gsiskind

[LightAtEndOfTunnel]

Live tweeting from USCIS and DoS AILA Panel -
https://twitter.com/LilySAxelrod
https://twitter.com/gsiskind

I quickly browsed through the feed, no mention of EB immigration. As usual it's always a bottom priority.

[Sebiswaiting]

That's because AILA was involved :p



I quickly browsed through the feed, no mention of EB immigration. As usual it's always a bottom priority.

[delguy]

That's because AILA was involved :p

Yes, they never ask for anything that could be helpful to EB. Even when they used to do AILA checkins with Charlie, there were no questions specifically about date movements for EB-India/China.

[oraclept]

Hi Mates,

Need your suggestion on my case.

PD: 29th September, 2011 in EB-2
Filed: EB-2 to EB-3 downgrade on 29th October, 2020 along with I-485, I-765 and I-131 and waiting for my I-140 in EB-3.

Planning to request premium processing for my EB-3 I-140 since it is pending for more than 7 months. My case went to Nebraska where my previous EB-2 140 approved

I moved to new employer in July 2021 and Perm process started 2 months back. My previous employer is co-operative and they are open torehire after I-485 approved. I am also willing to join back them after my case approved.

Do I need to need to move back to my previous employer now or I can work with current employer until my I-485 approved?

Thanks for your guidance.

Regards,
Laxmi


My cousin got GC 2 weeks back. his date is may 2010. why take headache... you will get GC in next 2 months..

[AceMan]

My cousin got GC 2 weeks back. his date is may 2010. why take headache... you will get GC in next 2 months..

Some value their career or money change over GC. If I read the posts correctly, applying for citizenship after 5 years alleviate any problems of not working with sponsored employee. Since GC is valid for 10 years, there is 5 more years to apply for naturalization.

[Turbulent_Dragonfly]

Cyrus Mehta
@cyrusmehta
?
9m
At DOS open forum at AC21 Charlie said India EB-2 FAD in July Bulletin will be 6/1/2011; EB-3 FAD India will be 1/1/2013.

Spillover for next year prob 150k
https://twitter.com/ejtaub/status/1403351309886107650
Back to Charlie O: Barring any legislative or other changes, expect FY22 family limit to remain at 226,000. Remote that could increase but not likely. FY22 EB limit should be "at least 290,000, prob thousands higher." That is more than double usual limit.

[Turbulent_Dragonfly]

The not very good news...

https://twitter.com/ejtaub/status/1403359136637726723

Charlie: USCIS is doing an extraordinary job processing EB cases based on staffing levels. We believe if USCIS can't get to the Oct-Dec 2020 cases this year, they should have enough ready to go early in FY22 to make a big dent.

Everyone working a peak capacity with limited staff

elissa taub
@ejtaub
?
12m
Replying to
@ejtaub
Sounds like USCIS will not come close to approving all eligible AOS apps this fiscal year.

[ak7419]

The not very good news...

https://twitter.com/ejtaub/status/1403359136637726723

Charlie: USCIS is doing an extraordinary job processing EB cases based on staffing levels. We believe if USCIS can't get to the Oct-Dec 2020 cases this year, they should have enough ready to go early in FY22 to make a big dent.

Everyone working a peak capacity with limited staff

elissa taub
@ejtaub
?
12m
Replying to
@ejtaub
Sounds like USCIS will not come close to approving all eligible AOS apps this fiscal year.

How about 2012 filers? There are still tons of 2012 applicants waiting on RFE?

[LightAtEndOfTunnel]

How about 2012 filers? There are still tons of 2012 applicants waiting on RFE?

Shouldn't 2012 filers be eligible to raise SR with their service center? Service center is obliged to provide an update. Also you should be able to schedule an info-pass appointment. People think this is not really an urgent issue (may be for USCIS but not for you). This is really once in a decade opportunity for backlogged countries. There was absolutely no hope otherwise from law makers and presidents who lied through their rears for over two decades pledging for immigration reform.

[insane.yogi]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

[Turbulent_Dragonfly]

Maybe time for Sri to move EAD+H1B posts out of this thread ;-)

Coming back to predictions, surprised that not a single question was asked today in the AILA conference about starting to release pending inventory again, which is a shame.

[vsivarama]

Maybe time for Sri to move EAD+H1B posts out of this thread ;-)

Coming back to predictions, surprised that not a single question was asked today in the AILA conference about starting to release pending inventory again, which is a shame.

Bad news is Charlie seems to have thrown in the towel finally when asked if USCIS will be able to adjudicate 262K visas. Unfortunately, every 20 numbers lost will add an additional 1.2 days to the wait. So factoring in a total of 50K AOS applicants per year (EB2 + EB3 queues combined), a loss of 50K GCs will result in 3000 days/8.3 yrs of additional wait for the later PDs. :mad::mad:

[rsnake]

Bad news is Charlie seems to have thrown in the towel finally when asked if USCIS will be able to adjudicate 262K visas. Unfortunately, every 20 numbers lost will add an additional 1.2 days to the wait. So factoring in a total of 50K AOS applicants per year (EB2 + EB3 queues combined), a loss of 50K GCs will result in 3000 days/8.3 yrs of additional wait for the later PDs. :mad::mad:

Charlie is putting the ball firmly in USCIS's court by moving EB2 to June 1 2011 and EB3 into 2013. A lot will depend on how many RFEs for medicals are generated in the next month. After that it will be too late even for USCIS to expedite granting GCs. All the downgrade applications stuck in Tardy Service Center(TSC) are another big roadblock.

[abcx13]

Charlie is putting the ball firmly in USCIS's court by moving EB2 to June 1 2011 and EB3 into 2013. A lot will depend on how many RFEs for medicals are generated in the next month. After that it will be too late even for USCIS to expedite granting GCs. All the downgrade applications stuck in Tardy Service Center(TSC) are another big roadblock.
Even NSC is slow! I filed a downgrade at NSC in Oct and have heard nothing since then. No biometrics and no EAD/AP.

[android09]

Charlie is putting the ball firmly in USCIS's court by moving EB2 to June 1 2011 and EB3 into 2013. A lot will depend on how many RFEs for medicals are generated in the next month. After that it will be too late even for USCIS to expedite granting GCs. All the downgrade applications stuck in Tardy Service Center(TSC) are another big roadblock.

And USCIS will do its part by puncturing the ball.

[mesan123]

Charlie is putting the ball firmly in USCIS's court by moving EB2 to June 1 2011 and EB3 into 2013. A lot will depend on how many RFEs for medicals are generated in the next month. After that it will be too late even for USCIS to expedite granting GCs. All the downgrade applications stuck in Tardy Service Center(TSC) are another big roadblock. it is 1st July 2011 i think for EB2 not 1 June 2011.

https://www.murthy.com/2021/06/11/newsflash-updated-predictions-for-july-2021-visa-bulletin/

[insane.yogi]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

[insane.yogi]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

[vidya_garu]

Hello guys
My PD is Eb2 india Aug 13 2010, I will be filing i140 premium and i485 This week
My lawyer is snail paced! When can I realistically expect GC ?

[Zenzone]

Sharing my case updates - My 485 application case status changed online to reflect that an RFE was sent on 6/10 (yet to receive the mail). PD - 01/2011 (EB2-I). Also, Form-J Supplement shows as approved too on 6/10. All processed by the National Benefits Center. Also, my EAD/AP have been approved since January and biometrics were done in January too.

[vsivarama]

One thing to note, as a lot of people seem to be of the opinion that GCs are received in order of PDs. But that's not how it works. While PD does play a part where the officer may start reviewing the case sooner for an earlier PD as its current earlier than later PDs. But with FADs moving 8-10 months last few bulletins the processing will shift from PDs to first come first served. It just means the way the applications are received/stacked up. So anyone applying now would be on the back of the queue when it comes to the applications that are current. So a person with a 2011/2012 PD who applied Oct 2020 will stay ahead of the 2010 applications let's say filed in June 2021 as long as the dates are current for 2011/2012. Yes if the dates retrogress it's a different story.

[vidya_garu]

One thing to note, as a lot of people seem to be of the opinion that GCs are received in order of PDs. But that's not how it works. While PD does play a part where the officer may start reviewing the case sooner for an earlier PD as its current earlier than later PDs. But with FADs moving 8-10 months last few bulletins the processing will shift from PDs to first come first served. It just means the way the applications are received/stacked up. So anyone applying now would be on the back of the queue when it comes to the applications that are current. So a person with a 2011/2012 PD who applied Oct 2020 will stay ahead of the 2010 applications let's say filed in June 2021 as long as the dates are current for 2011/2012. Yes if the dates retrogress it's a different story.

Good point though. Given the news about USCIS process efficiency, I suspect a retrogression is on the cards in Jan 2022 timeframe. Any thoughts ?

[andhraguy]

Good point though. Given the news about USCIS process efficiency, I suspect a retrogression is on the cards in Jan 2022 timeframe. Any thoughts ?

Charlie mentioned that there will be 290K visa available for FY 2022. so no question of Retrogression though there will be lots of visa wastage due to USCIS inability.

[Zenzone]

I think things are beginning to move now. Let's hope for the best!

[amey111]

Hello all,
I have joined a new employer on EAD, and now want to submit the I-485J form. The lawyer from my last employer will charge us $2,500 to file I-485J form. The form looks very simple and I plan to do it on my own. Do any of the experts here know the process to revoke G-28, so that the last employer lawyer is dis-associated from my case?

Thank you.

[shriny]

Sharing my case updates - My 485 application case status changed online to reflect that an RFE was sent on 6/10 (yet to receive the mail). PD - 01/2011 (EB2-I). Also, Form-J Supplement shows as approved too on 6/10. All processed by the National Benefits Center. Also, my EAD/AP have been approved since January and biometrics were done in January too.

good to know, can you also share received date, notice date etc?

[Zenzone]

Good point though. Given the news about USCIS process efficiency, I suspect a retrogression is on the cards in Jan 2022 timeframe. Any thoughts ?

I don't see any chance for retrogression at least until Sep 2022 for folks who filed last October. Not sure about those who will file come this October though.

[Zenzone]

good to know, can you also share received date, notice date etc?

Sure. Here is my timeline (so far). Hope this is useful -

EB2-I PD - Jan-2011; Receipt date - 10/21/20; Notice Date - 11/12/20; Biometrics - 1/6/21; EAD/AP Approval - 1/13/21; I-485 Supp-J Approval - 6/10/21; I-485 RFE (Most Likely Medical) - 6/10/21; NBC

[may2011]

Hello guys
My PD is Eb2 india Aug 13 2010, I will be filing i140 premium and i485 This week
My lawyer is snail paced! When can I realistically expect GC ?

It depends a lot on the processing time.You need to have your I-140 approved first.Better file in premium.You first have to get receipt notices for your applications.Even though your PD is current, we have limited insight in USCIS processing.They seem to be processing applications by 'received date' and not by 'priority date'.All you can do is to file all your paperwork properly .That way your application won't be delayed by needless RFEs.

[may2011]

I don't see any chance for retrogression at least until Sep 2022 for folks who filed last October. Not sure about those who will file come this October though.

CO mentioned"barring any legislative changes,he expects the spillover.."I hope there are no legislative changes to prevent the spillover

[may2011]

Even NSC is slow! I filed a downgrade at NSC in Oct and have heard nothing since then. No biometrics and no EAD/AP.

Did you try calling USCIS? or asking EMMA? Thy give accurate updates.

[Zenzone]

CO mentioned"barring any legislative changes,he expects the spillover.."I hope there are no legislative changes to prevent the spillover

That's a standard disclaimer they have been using since last year. I won't read into it. This Congress has no apetite for any immi. changes right now. Infra. is the focus area and GOP has said it won't support any immi. or other provisions packaged into it for example. I see the legislative threat as low to minimal as things stand now.

[AceMan]

Hello all,
I have joined a new employer on EAD, and now want to submit the I-485J form. The lawyer from my last employer will charge us $2,500 to file I-485J form. The form looks very simple and I plan to do it on my own. Do any of the experts here know the process to revoke G-28, so that the last employer lawyer is dis-associated from my case?

Thank you.
2500$ for 485J alone appears very high.
https://www.uscis.gov/forms/all-forms/filing-your-form-g-28


Change your legal representative

Complete a new Form G-28 (edition date: 05/23/18 or 09/17/18), and make sure you and your new legal representative complete and sign the appropriate sections of the form. Indicate your mailing preferences by checking the box next to Item Number 1.a. for notices and/or Item Number 1.b. for secure documents in Part 4.
The USCIS office where your case is pending.

Find the USCIS office address on the most recent notice you received from USCIS.

Withdraw your legal representative
Send us a letter saying you want to withdraw your legal representative and intend to continue your case without any legal representation.

If you do so, USCIS will communicate only with you.

[vsivarama]

Good point though. Given the news about USCIS process efficiency, I suspect a retrogression is on the cards in Jan 2022 timeframe. Any thoughts ?

I do not see any retrogression till Sept 22. But after that the music stops. I can see some EB vertical spillover from EB1 in 2023 and maybe some ROW horizontal spillover but nothing from Family.

[Zenzone]

I do not see any retrogression till Sept 22. But after that the music stops. I can see some EB vertical spillover from EB1 in 2023 and maybe some ROW horizontal spillover but nothing from Family.

Agree that!

[vedu]

Sure. Here is my timeline (so far). Hope this is useful -

EB2-I PD - Jan-2011; Receipt date - 10/21/20; Notice Date - 11/12/20; Biometrics - 1/6/21; EAD/AP Approval - 1/13/21; I-485 Supp-J Approval - 6/10/21; I-485 RFE (Most Likely Medical) - 6/10/21; NBC

Zenzone, looks like things are moving along nicely for you. It is good that you don't have to worry about submitting medicals without RFE and all the confusion related to that. You will be in green zone soon. Good luck! And remember the journey doesn't stop here. We need to get to that deca status one day...sooner rather than later!

[insane.yogi]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

[may2011]

That's a standard disclaimer they have been using since last year. I won't read into it. This Congress has no apetite for any immi. changes right now. Infra. is the focus area and GOP has said it won't support any immi. or other provisions packaged into it for example. I see the legislative threat as low to minimal as things stand now.

thanks for the update:)

[1312011_eb2I]

Thank you Zenzone,
Did you submit 485j along with original application? Also, what is your Field office?

[Zenzone]

Zenzone, looks like things are moving along nicely for you. It is good that you don't have to worry about submitting medicals without RFE and all the confusion related to that. You will be in green zone soon. Good luck! And remember the journey doesn't stop here. We need to get to that deca status one day...sooner rather than later!

Ty bud! Fingers crossed, its not done until it's done. Yes if GC is a marathon, the deca club status is a triathlon!

[Zenzone]

Thank you Zenzone,
Did you submit 485j along with original application? Also, what is your Field office?

Haven't received the physical RFE yet. But it should be Boston FO based on geography.

[PDAUG2011]

Sure. Here is my timeline (so far). Hope this is useful -

EB2-I PD - Jan-2011; Receipt date - 10/21/20; Notice Date - 11/12/20; Biometrics - 1/6/21; EAD/AP Approval - 1/13/21; I-485 Supp-J Approval - 6/10/21; I-485 RFE (Most Likely Medical) - 6/10/21; NBC

Hi Zenzone,

Thanks for sharing the timeline! How did you figure out or come to know that your Supp J is approved?

[mesan123]

Sharing my case updates - My 485 application case status changed online to reflect that an RFE was sent on 6/10 (yet to receive the mail). PD - 01/2011 (EB2-I). Also, Form-J Supplement shows as approved too on 6/10. All processed by the National Benefits Center. Also, my EAD/AP have been approved since January and biometrics were done in January too.
Nice to hear Zen. Got my 485 J reciept on 6/3. Is your file in MSC or NSC and also when did you recieve 485J reciept. My all other dates match with you( Reciept date, BM, EAD/AP)…

[knighthood83]

Hey Guys I got the receipt number on 485J and I get the following message

Duplicate Notice Was Mailed
On June 14, 2021, we sent you a duplicate notice about a decision on your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number MSCXXXXXXX, or describing how we will process the case if it is still pending.

Anything I should be concerned about? I was told that by Emma my receipt notice was mailed on May 26th and today I see this. Weird stuff!!!!!

[delguy]

Nice to hear Zen. Got my 485 J reciept on 6/3. Is your file in MSC or NSC and also when did you recieve 485J reciept. My all other dates match with you( Reciept date, BM, EAD/AP)…

OK, so there is a I-485J approval too post I-185J receipt? I received my receipt today with ND of 6/8.

[kb2013]

Can someone predict when I will likely get a decision on my I-485. I will send a $100 gift card to whoever gets it closest.

- PD: Jan 2010
- EB2 to EB3 downgrade Jan 2019 (concurrent filing)
- RD: Jan 2019
- Service center: TSC
- FAD: Current since Oct 2020
- Raised SRs and expedite requests using Emma
- Contacted Congressperson and Senator's office
- employed with a Fortune 15 company for last 8 years (sponsoring employer)
- let me know if there are other parameters that will help to estimate better

[idliman]

Can someone predict when I will likely get a decision on my I-485. I will send a $100 gift card to whoever gets it closest.

From your description, I understand that you are not a 2012 filer. I assume that your downgrade I-140 is approved. Did you get any proper reply from either congressman or senator office? The key is to get some insider information through your liasson. If they did not say anything, then it must be just normal processing time. I am surprised that they did they give you a ETA, Wonder why you went with both congressman and senator? One would have been enough for your case, if there are no flags. If you are still pursuing congressional action, give your congressional aide plenty of time and have patience. When it comes to congressional action, people in bigger population centers / democratic districts are at a disadvantage as staff cannot give you individual attention.

[kb2013]

From your description, I understand that you are not a 2012 filer. I assume that your downgrade I-140 is approved. Did you get any proper reply from either congressman or senator office? The key is to get some insider information through your liasson. If they did not say anything, then it must be just normal processing time. I am surprised that they did they give you a ETA, Wonder why you went with both congressman and senator? One would have been enough for your case, if there are no flags. If you are still pursuing congressional action, give your congressional aide plenty of time and have patience. When it comes to congressional action, people in bigger population centers / democratic districts are at a disadvantage as staff cannot give you individual attention.

I was also a 2012 filer. In some unbelievable twist of events, USCIS denied that petition citing some technicality. My downgrade I-140 was approved in Jan 2020. Senator/Congressperson's office mentioned that they are processing/monitoring the case and they will communicate as soon as they hear from USCIS. Contacted congressperson first. Then another forum suggested contacting Senator. I went ahead and did, as I thought it should not hurt to have more help. Been few months after contacting the congressperson/Senator's office.

[vsivarama]

Can someone predict when I will likely get a decision on my I-485. I will send a $100 gift card to whoever gets it closest.

- PD: Jan 2010
- EB2 to EB3 downgrade Jan 2019 (concurrent filing)
- RD: Jan 2019
- Service center: TSC
- FAD: Current since Oct 2020
- Raised SRs and expedite requests using Emma
- Contacted Congressperson and Senator's office
- employed with a Fortune 15 company for last 8 years (sponsoring employer)
- let me know if there are other parameters that will help to estimate better

Your Question reminds of Calculus problems we used to grapple with in our younger days. If our application approaches TSC then the processing time tends to be infinity....:) Just trying to bring in some humor in these frustrating times.

[idliman]

I was also a 2012 filer. In some unbelievable twist of events, USCIS denied that petition citing some technicality. My downgrade I-140 was approved in Jan 2020. Senator/Congressperson's office mentioned that they are processing/monitoring the case and they will communicate as soon as they hear from USCIS. Contacted congressperson first. Then another forum suggested contacting Senator. I went ahead and did, as I thought it should not hurt to have more help. Been few months after contacting the congressperson/Senator's office.
Please browse a thread on congresman process with good details (https://www.qesehmk.org/forums/showthread.php/2945-Overview-of-Congressman-Senator-Inquiry-Process). I wonder whether you contacted one person (congressman) and before they could process, you went to someone else (senator). The unit / office that deals with these requests at USCIS is a compact one and people might have noticed. Whatever done is done and past is past. So pick one route/office you think is more cooperative / favorable and be in contact with them. It is a very powerful process and eventually things will work out.

I consider elevating / expediting existing cases with USCIS as a process. You have to call USCIS a few times, document it. Then you open one or two SRs. Then try to present a good reason for why they should look at you or expedite your case to congressman. You might have done all these, however you need to specify the things you had done before you went to congressman in the initial paperwork. Just saying the wait time as a reason is not good enough as there hundreds of folks in your boat (2012 filers).

Just as a positve note things are happening slowly for 2012 folks. A friend of mine (straight EB2I 2012 filer), who never kept a tab on GC process or pushed his case or called USCIS for anything (his case is with NSC), went though RFE process and got his cards today. Good Luck.

[Zenzone]

Hi Zenzone,

Thanks for sharing the timeline! How did you figure out or come to know that your Supp J is approved?

My online case status for Form J got changed to ?approved? and I received the approval notice.

[Zenzone]

Its MSC. I should have gotten the form j receipt sometime this April if I?m not wrong.

[skpanda]

Hello Friends,
I have received a I485J receipt notice from 29th October 2020.

Background:

1. PD Dec 2010 - EB2.
2. First time - I485, I765 and I131 applied on 28th October 2020
3. Received Receipt Notices in December 2020
4. Biometric Notice in March 2021. Appointments completed in April 2021.
5. June Received I485J receipt notice on 8th June 2021 with a receipt date of 29th October 2020.

I do not remember sending I485J application along with other ones.

Does anybody know what is I485J receipt notice mean?

Thanks in advance?

[Zenzone]

Hello Friends,
I have received a I485J receipt notice from 29th October 2020.

Background:

1. PD Dec 2010 - EB2.
2. First time - I485, I765 and I131 applied on 28th October 2020
3. Received Receipt Notices in December 2020
4. Biometric Notice in March 2021. Appointments completed in April 2021.
5. June Received I485J receipt notice on 8th June 2021 with a receipt date of 29th October 2020.

I do not remember sending I485J application along with other ones.

Does anybody know what is I485J receipt notice mean?

Thanks in advance?

You may have to check your original app. to see if you submitted it. Overall, it means USCIS has received your Form J and will make decision about it as part of your AOS application package. See my posts yesterday above capturing my timelines if that reference is helpful.

[PDAUG2011]

My online case status for Form J got changed to ?approved? and I received the approval notice.

Zenzone,

Thanks for the clarification. In my case, I have received receipt notice and when I checked the status online this is what it says:

"On October 30, 2020, we received your case and waived the filing fee for your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number MSC**********. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

I didn't see any details about how they will process the case or any instructions for me to follow. Should I have received another notice for my Supp J or is their standard language and that is what you were also seeing until your case got approved?

[AceMan]

Can someone predict when I will likely get a decision on my I-485. I will send a $100 gift card to whoever gets it closest.

- PD: Jan 2010
- EB2 to EB3 downgrade Jan 2019 (concurrent filing)
- RD: Jan 2019
- Service center: TSC
- FAD: Current since Oct 2020
- Raised SRs and expedite requests using Emma
- Contacted Congressperson and Senator's office
- employed with a Fortune 15 company for last 8 years (sponsoring employer)
- let me know if there are other parameters that will help to estimate better

This post just validated my earlier theory regarding the downgrades.
Downgrading does not get you a faster GC. It just screws up the process for the applicant.

[vedu]

This post just validated my earlier theory regarding the downgrades.
Downgrading does not get you a faster GC. It just screws up the process for the applicant.

Ace, I also tend to believe in your theory. And to add to that, I suspect that sending documents in advance without any RFE can also screw up the process. Everybody complains about TSC, but I had such a wonderful experience with them. I think it is because mine was a straightforward case (no upgrades, downgrades), and I also did not send any unnecessary documents, etc., neither did I try to call them, congressman, etc. in the very first month of my PD becoming current.

Calling congressman is not a bad idea, but only after you wait for a reasonable amount of time (4-5 months) and give USCIS a fair chance to get to your case. There is only one thing I disagree with you. You hate downgrading across the board, but I think downgrading is OKAY ONLY IF you don't already have an EAD, and your date is current under the category to which you are trying to upgrade/downgrade. That way you can avail the enormous benefits of an EAD.

In spite of your theory, people will do what they do. It is like when an airplane lands, everybody stands in the aisle to get out of the plane as early as possible ahead of others, and thus jamming the system. But to each his own!:)

[Zenzone]

Zenzone,

Thanks for the clarification. In my case, I have received receipt notice and when I checked the status online this is what it says:

"On October 30, 2020, we received your case and waived the filing fee for your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number MSC**********. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

I didn't see any details about how they will process the case or any instructions for me to follow. Should I have received another notice for my Supp J or is their standard language and that is what you were also seeing until your case got approved?

It means its under their review and you have no action to take. Its standard language.

[Prabhas]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

[rsnake]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

Looks like USCIS made a mistake, I wouldn't rely on that AP as it can cause problems in the future. I would reapply AP and explain their mistake in the cover letter. AP is different from regular entry on H1B or H4 where you stand in queue. You get taken to a separate area and have to wait 30mins to an hour for an officer to look at your documents and admit you as a parolee. Thus there is higher chance of them noticing that your AP was given by mistake since they can easily see that you left and came back when it was pending. It's not worth the risk and inconvenience.

[vsivarama]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

Do NOT use that AP. We do not have any confirmation of any rule change. It's best to apply for a new one. It's free anyways. As per the current rules that AP should have been rejected.

[AceMan]

Ace, I also tend to believe in your theory. And to add to that, I suspect that sending documents in advance without any RFE can also screw up the process. Everybody complains about TSC, but I had such a wonderful experience with them. I think it is because mine was a straightforward case (no upgrades, downgrades), and I also did not send any unnecessary documents, etc., neither did I try to call them, congressman, etc. in the very first month of my PD becoming current.

Calling congressman is not a bad idea, but only after you wait for a reasonable amount of time (4-5 months) and give USCIS a fair chance to get to your case. There is only one thing I disagree with you. You hate downgrading across the board, but I think downgrading is OKAY ONLY IF you don't already have an EAD, and your date is current under the category to which you are trying to upgrade/downgrade. That way you can avail the enormous benefits of an EAD.

In spite of your theory, people will do what they do. It is like when an airplane lands, everybody stands in the aisle to get out of the plane as early as possible ahead of others, and thus jamming the system. But to each his own!:)

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2? Most of the October applicants did not get EAD anyways, so that is besides the point. Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.

In any case my dates are current, my kid gets the CSPA protection, so I have very limited interest in this topic going forward. It was more like I told you so statement.

[vedu]

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2? Most of the October applicants did not get EAD anyways, so that is besides the point. Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.

In any case my dates are current, my kid gets the CSPA protection, so I have very limited interest in this topic going forward. It was more like I told you so statement.

I am with you, Ace! And I am sure now that you and your family are fully protected, you will leave USCIS alone to do their work and won't contribute to this ongoing frenzy of unnecessarily jamming the system! Receiving actual GC is just a matter of time now. As French philosopher Pascal once said, "All of humanity's problems stem from man's inability to sit quietly in a room alone!";)

[vsivarama]

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2?
This is mostly because of ignorance and of course the lawyers who know better will not step in to help the immigrant. My ignorance in the past has lead me in to taking some wrong decisions else my PD would have been earlier or same as yours. Now that we took time to do a deep dive into the numbers, I know this comes under the duh category for us.


Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.
My school of thought in this is USCIS did a lot of things over the past 4 years to make it's life miserable. Starting with unnecessary biometrics, to shorter H1 approvals, Unlimited RFEs and revaluating the case again even when the criteria has been proved multiple times before. It was as if USCIS was desperate to shoot itself in the foot and the immigrant obliged by handing them the gun. Coming to PP, it's not cheap. It's 2500 per application. USCIS could either increase it's staff, re-org it's personnel or pay the existing folks handsomely to do overtime. I do get where you are coming from, but USCIS was the chief architect of this mess.

[Prabhas]

Do NOT use that AP. We do not have any confirmation of any rule change. It's best to apply for a new one. It's free anyways. As per the current rules that AP should have been rejected.

Thanks Vsivarama and rsnake for your suggestions. I believe I will have to pay $575 for re-applying I-131 separately now. But that is one the of the least concerns. I would want to get this right. I will have the attorney draft a letter as suggested and re-apply for I-131.

BTW - my PD is July-2010. Hope to get greened soon... we will see..


Good day!
V

[AceMan]

My school of thought in this is USCIS did a lot of things over the past 4 years to make it's life miserable. Starting with unnecessary biometrics, to shorter H1 approvals, Unlimited RFEs and revaluating the case again even when the criteria has been proved multiple times before. It was as if USCIS was desperate to shoot itself in the foot and the immigrant obliged by handing them the gun. Coming to PP, it's not cheap. It's 2500 per application. USCIS could either increase it's staff, re-org it's personnel or pay the existing folks handsomely to do overtime. I do get where you are coming from, but USCIS was the chief architect of this mess.

The responsibility solely is with the big boss, whom I adored till recently. He and his team introduced the EB interviews, H4/L2 biometrics to shoot multiple birds with single shot. H4/L2 people have to be at the same location where GC people came for their biometrics. USCIS changed from service agency to enforcement under Cissna. The introduction of 944, and more irrelevant processes to delay things for EB applicants. I was pleasantly surprised by the changes happening to USCIS under Biden. May be personally after being able to apply for 485 and ability to use AC21 might have played a part in mellowing things down for me.

I wish most of the backlogged getting greened over the next 15 months as FY 2023 would bring us back to the scenario from last decade.

[Zenzone]

The responsibility solely is with the big boss, whom I adored till recently. He and his team introduced the EB interviews, H4/L2 biometrics to shoot multiple birds with single shot. H4/L2 people have to be at the same location where GC people came for their biometrics. USCIS changed from service agency to enforcement under Cissna. The introduction of 944, and more irrelevant processes to delay things for EB applicants. I was pleasantly surprised by the changes happening to USCIS under Biden. May be personally after being able to apply for 485 and ability to use AC21 might have played a part in mellowing things down for me.

I wish most of the backlogged getting greened over the next 15 months as FY 2023 would bring us back to the scenario from last decade.

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past :) Wishing you good luck to get to the final finish line soon.

[qesehmk]

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past :) Wishing you good luck to get to the final finish line soon.
Sabka number aayega! Shraddha aur saburi !!

I hope biden removes country caps and then also exempts all dependents from visa number or gives those numbers from family.

On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.

[srimurthy]

Sabka number aayega! Shraddha aur saburi !!

I hope biden removes country caps and then also exempts all dependents from visa number or gives those numbers from family.

On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.
If we can't get action to remove the country caps in 2022 or 23 when the load distribution and wait times impact on other countries can be minimal then it may never not happen.
Or should I say the next two years are the best case to get this done as the impact or pain for application from other countries will be less and less opposition.

[Zenzone]

Quick question. Do medical RFEs go to the attorneys too in addition to the applicant? Asking because I received my spouse's RFE by regular mail today and haven't received mine yet although the online status got updated for both of us on the same day. Please share your experience.

[andhraguy]

Quick question. Do medical RFEs go to the attorneys too in addition to the applicant? Asking because I received my spouse's RFE by regular mail today and haven't received mine yet although the online status got updated for both of us on the same day. Please share your experience.

Both the applicant and G28 representative will receive a copy.

[srimurthy]

Moved the H1 and EAD Dual status maintenance discussion to an existing thread and they are available at:
https://www.qesehmk.org/forums/showthread.php/2921-EAD-and-H1-Dual-Status-holding-and-opportunites/page2

[qesehmk]

If we can't get action to remove the country caps in 2022 or 23 when the load distribution and wait times impact on other countries can be minimal then it may never not happen.
Or should I say the next two years are the best case to get this done as the impact or pain for application from other countries will be less and less opposition.

Never say never. It will happen someday for sure. But I have to admit that I can't envision circumstances better than today to make it happen. Presidency, congress and senate. What else is needed? Then why don't we see this happening?

The answer is simple - Squeaky wheel gets the grease. EB-Desi folks must campaign smarter and harder to get their voice heard.

[AceMan]

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past :) Wishing you good luck to get to the final finish line soon.


On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.

I would think the stories from Idliman and many others here might have an effect on my views. For the record, I always wished the best for all the forum members irrespective of my disagreement on certain topics.

[kb2013]

Please browse a thread on congresman process with good details (https://www.qesehmk.org/forums/showthread.php/2945-Overview-of-Congressman-Senator-Inquiry-Process). I wonder whether you contacted one person (congressman) and before they could process, you went to someone else (senator). The unit / office that deals with these requests at USCIS is a compact one and people might have noticed. Whatever done is done and past is past. So pick one route/office you think is more cooperative / favorable and be in contact with them. It is a very powerful process and eventually things will work out.

I consider elevating / expediting existing cases with USCIS as a process. You have to call USCIS a few times, document it. Then you open one or two SRs. Then try to present a good reason for why they should look at you or expedite your case to congressman. You might have done all these, however you need to specify the things you had done before you went to congressman in the initial paperwork. Just saying the wait time as a reason is not good enough as there hundreds of folks in your boat (2012 filers).

Just as a positve note things are happening slowly for 2012 folks. A friend of mine (straight EB2I 2012 filer), who never kept a tab on GC process or pushed his case or called USCIS for anything (his case is with NSC), went though RFE process and got his cards today. Good Luck.

Thanks! Idliman for the detailed post on this topic. I am seeing the post a little too late. I initiated contact in Jan 2021. I contacted the Senator's office a month after contacting Congressperson's office and getting a standard response from USCIS for their inquiry mentioning that the processing time was like upto 52 months. In fact, the Republican senator's form had a section asking if any other congressperson's office was contacted for assistance with the case. I did fill it with the name of the Rep I contacted, who happens to be a Democrat. Will have to deal with the consequences of the choices made. For now, I am going to try the best I can with the knowledge at hand and let the process play out

[abcx13]

I joined the suit. Like Idliman says, don't stay put. Keep the hustle on. In the worst case you may lose $2000 but you don't want to live with the regret that you had a shot and you didn't take it. If $2000 is not a big deal for you then go for it.

This is what I am thinking too. The money is not a big deal so it seems like a no brainer to join, assuming we have a decent case. I have been doing some research on that right now - it seems historically mandamus claims against USCIS on AoS were typically filed after 18-24 months, as before that the agency could argue that it's not an unreasonable delay. IANAL, but given the super long processing times posted on their website for 485s and the fact that the GC numbers expire at the end of September, I am thinking there is a somewhat reasonable case that delays - even if arguably reasonable processing time at 11 months - cause irreparable harm. And I think maybe it could be shown that these delays could have been anticipated way in advance as it was clear there would be huge FB spillover.

[AceMan]

Could you please elaborate? My wife's H4-EAD was delayed and we were able to get it approved by joining a lawsuit by a different firm earlier this year. I am considering joining this lawsuit as well, and would love to hear your thoughts/suggestions.

H4 EAD is just an Employment Authorization Document. Green card is allowing a person to be immigrant of this country. If USCIS plays the national security card, courts will have to side with them. Game over.


Beg to differ. USCIS gets sued all the time. Even small time immigration attorneys start litigation against USCIS for various immigration related proceedings. Most of the time USCIS takes a soft approach because they don't have resources to stage a trial. I get your point about letting USCIS focus on processing GC. But regardless of what you do or don't, there is very little delta in USCIS processing time. What do you do in such case? Stay put or take action ? To be honest, it's every man for himself in this race.

Yeah, each persons choice. I am providing my views on it.

[SG2020]

H4 EAD is just an Employment Authorization Document. Green card is allowing a person to be immigrant of this country. If USCIS plays the national security card, courts will have to side with them. Game over.



Yeah, each persons choice. I am providing my views on it.

Sorry - I should have been more specific about my question. Could you please elaborate on "...knowing the role of Greg Siskind in the 2015 filing date fiasco lawsuit"? Thanks.

[txsguy]

Think of this lawsuit as lobbying effort. Some ppl spent money on immigration voice lobbying, some might spend money on this lawsuit which will bring spotlight into the inner workings of USCIS.
Win or lose if you don't do anything then nothing will get passed.
Lawyers are crooks and so are lobbyists. Nobody can guarantee success.

[qesehmk]

I would think the stories from Idliman and many others here might have an effect on my views.
To your credit Ace - a man who is capable of changing his opinions is priceless !

Also this is the beauty of respectful intelligent discourse. People find value in it. We should all thank each other.

[suninphx]

Is USCIS required to process all spillover visas as per any law? If they process 140k EB based GCs (which they barely do even in normal times) wouldn't they claim their job is done as per law?

[Turbulent_Dragonfly]

Thanks TD for sharing piece of history.

This is also a worthwhile read:
https://fas.org/sgp/crs/homesec/visagate.pdf

[mr00us]

Just ask yourself 1 thing before getting in to the lawsuit. Will it be decided before September 30th 2021, because fiscal year ends then. Then ask, even if Siskind wins the case and the judge says to use all the visa numbers, will USCIS be able to adjudicate before September 30th 2021?

Lawyers gets their $2000 x 1000 (a guess) = $2000000, USCIS gets pissed at Indians. They filed a lawsuit earlier and we all know who was at the receiving end of USCIS's brunt.....

[AceMan]

To your credit Ace - a man who is capable of changing his opinions is priceless !

Also this is the beauty of respectful intelligent discourse. People find value in it. We should all thank each other.

That is the beauty of having own opinions. If I realize it was wrong, I am not averse to correcting it.

[qesehmk]

According to the law USCIS is expected to process 140,000 EB visas a FY. Did they process that? The lawsuit is the one you should question.

Ace - and everybody - this is very important. Please pay close attention:

The law has an upper limit on visa utilization. There is no lower limit on visa utilization. So USCIS can utilize ZERO and it is within its legal limits.

So any lawsuit that faults USCIS for not utilizing quota has no merit on legality of USCIS's underutilization. The lawsuit will have merit when it can demonstrate that USCIS's under performance resulted in material damages to somebody.

[insane.yogi]

Posting again for feedback -

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by July 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if I file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

[rsnake]

It can always say didn't receive medicals or birth certificate and ask to resend ? wasting time.

If the USCIS actually does that with the plaintiffs, the people in USCIS who ordered that will at the least lose their jobs and may face federal charges. Judges take a very dim view of things like this, and lying in court briefings to a federal court is a big crime in itself. The lawyers can ask for discovery on records medicals and birth certificate right from when the dropbox(run by a USCIS contractor) scans the applications. No one in USCIS, especially an adjudicating officer cares that much to risk their job and going to jail by sending fake RFEs while under the microscope of a federal court case. They will try to drag it on and/or expedite only the plaintiffs' cases. We have seen this with the EAD lawsuits.

[abcx13]

Is USCIS required to process all spillover visas as per any law? If they process 140k EB based GCs (which they barely do even in normal times) wouldn't they claim their job is done as per law?

I believe there is no requirement to process any spillover, but there is an administrative requirement to process in a timely fashion, which seems to be defined as 18-24 months before lawyers advise filing mandamus writs (https://www.klaskolaw.com/faq/litigation-to-challenge-agency-delays/). The weakest part of the case to me seems that the judge could say processing in 2 years is timely and it's too bad the spillover visas are lost. But I think the agency has to present an administrative record showing a good faith effort that they did try to process visas. I don't think USCIS can just say we only process 140k EB GCs/yr and that's it because there is congressional intent to preserve unusued FB visas (hence the spillover to EB and then the reverse spillover to FB, which unfortunately goes waste due to quirk).

[abcx13]

Ace - and everybody - this is very important. Please pay close attention:

The law has an upper limit on visa utilization. There is no lower limit on visa utilization. So USCIS can utilize ZERO and it is within its legal limits.

So any lawsuit that faults USCIS for not utilizing quota has no merit on legality of USCIS's underutilization. The lawsuit will have merit when it can demonstrate that USCIS's under performance resulted in material damages to somebody.

Again, whatever number they process, they have to show a reasonable good faith effort I think. They can't just process zero and blame Covid. But yes, the judge might say it's too bad 120k spillover visas went waste if the agency tried their best.

The tricky thing I think is you can't sue after the visas are wasted because there is no recapture process / remedy and you can't sue early in the year before they are wasted because there is nothing to remedy yet. So you sort of have to sue around now I am guessing ...

[gsingh]

Folks ,

AOS/H4 EAD.

Filed I-485/I-765 on 10/30/2020 with TSC (PD 04/2012 in EB3.I-140 approved.) still waiting for EAD/fingerprinting.
My spouse needs work authorization for a new job.(Was on H1B before).
We tried to expedite EAD but USCIS denied it without requesting an evidence. Reached out to the local congresswoman and her office
made the inquiry with USCIS over a week ago. No response yet.
My H1B is up for renewal. I was under the impression that I can file H1 in premium with H4 petition and H4 EAD application and
USCIS processes it together in the PP time frame but I hear that policy changed sometime back and H4 applications much longer.

Question -
1. Is there another avenue we can explore to get AOS EAD expedited?
2. H4 EAD - Anyone had success getting H4 EAD processed in the PP time period recently. If we include the job offer(and any additional explanation) with the H1B/H4 application, any chance USCIS will consider it ?

Appreciate any suggestions.

[AceMan]

I believe there is no requirement to process any spillover, but there is an administrative requirement to process in a timely fashion, which seems to be defined as 18-24 months before lawyers advise filing mandamus writs (https://www.klaskolaw.com/faq/litigation-to-challenge-agency-delays/). The weakest part of the case to me seems that the judge could say processing in 2 years is timely and it's too bad the spillover visas are lost. But I think the agency has to present an administrative record showing a good faith effort that they did try to process visas. I don't think USCIS can just say we only process 140k EB GCs/yr and that's it because there is congressional intent to preserve unusued FB visas (hence the spillover to EB and then the reverse spillover to FB, which unfortunately goes waste due to quirk).

The steps USCIS did in FY 21.

1. Removed the need for I944.
2. Requested public for suggestions to improve the process.
3. Removed H4/L2 biometric need.
4. Allowed applicants who got rejection notice after January, to refile even the dates were not current.
5. Simplified the 485 application.
6. The visa bulletin dates started releasing faster than previous timelines.
7. Most of the delay/incomplete forms resulted in November visa bulletin, releasing on the last day of October

When there is a sincere attempt from the Administration and USCIS to skip mandated AOS interviews, a frivolous lawsuit by this specific lawyer can result in USCIS reinstating the interviews as mandatory.

It is important to know your rights, it also important to know the other parties rights.

If you have some time read through https://en.wikipedia.org/wiki/Kazarian_v._USCIS

Lawyers claim the above lawsuit is a win for them as USCIS was forced to change the policy with tightening up of EB1A and B and still continuing.

[krnashvom8]

Folks ,

AOS/H4 EAD.

Filed I-485/I-765 on 10/30/2020 with TSC (PD 04/2012 in EB3.I-140 approved.) still waiting for EAD/fingerprinting.
My spouse needs work authorization for a new job.(Was on H1B before).
We tried to expedite EAD but USCIS denied it without requesting an evidence. Reached out to the local congresswoman and her office
made the inquiry with USCIS over a week ago. No response yet.
My H1B is up for renewal. I was under the impression that I can file H1 in premium with H4 petition and H4 EAD application and
USCIS processes it together in the PP time frame but I hear that policy changed sometime back and H4 applications much longer.

Question -
1. Is there another avenue we can explore to get AOS EAD expedited?
2. H4 EAD - Anyone had success getting H4 EAD processed in the PP time period recently. If we include the job offer(and any additional explanation) with the H1B/H4 application, any chance USCIS will consider it ?

Appreciate any suggestions.

Singh, I think your best bet is to request (and keep requesting) expedited processing of I485 EAD. H4 EADs still are taking a long time. If you look at threads on Trackitt quite a few people have had success getting 485 EAD expedited after making repeated attempts (3rd or 4th time). You have a genuine reason citing the impact on your spouse's job. That my opinion, others can chime in too.

[gsingh]

Singh, I think your best bet is to request (and keep requesting) expedited processing of I485 EAD. H4 EADs still are taking a long time. If you look at threads on Trackitt quite a few people have had success getting 485 EAD expedited after making repeated attempts (3rd or 4th time). You have a genuine reason citing the impact on your spouse's job. That my opinion, others can chime in too.

I didn't know USCIS considers repeated expedite requests. Will try that. Thanks krnashvom8

[Zenzone]

Two questions this morning -

1) How do we find which officer is processing your case. I keep seeing people mentioning the officer id for tracking and estimating. Just curious.

2) Do all I-485 applications ultimately get adjudicated by a Field Office? For example, mine is with my FO and wanted to understand if that means there will be an interview? I have received my Medical RFE though.

Need clarity so can someone help here pls?

[vsivarama]

Two questions this morning -

1) How do we find which officer is processing your case. I keep seeing people mentioning the officer id for tracking and estimating. Just curious.

2) Do all I-485 applications ultimately get adjudicated by a Field Office? For example, mine is with my FO and wanted to understand if that means there will be an interview? I have received my Medical RFE though.

Need clarity so can someone help here pls?

1) I have not received any RFEs yet. But from what I heard you will see the id at the bottom as part of the signature. He/She is officer working your case.

2) Does you medical RFE give you two options aka i) mail it to a certain address or ii) to bring medicals to your interview? If the second option is not mentioned then chances are high that you will not be interviewed.

[rsnake]

Two questions this morning -

1) How do we find which officer is processing your case. I keep seeing people mentioning the officer id for tracking and estimating. Just curious.

2) Do all I-485 applications ultimately get adjudicated by a Field Office? For example, mine is with my FO and wanted to understand if that means there will be an interview? I have received my Medical RFE though.

Need clarity so can someone help here pls?

The officer ID is mentioned at the bottom of physical RFE letters and other communications. Example https://i.redd.it/9m6dajyj47m51.jpg

I-485 applications may or may not go to a field office currently. Some are getting RFEs and approvals directly from NBC, others are getting them from field offices. RFE from field office does not mean that there will be an interview. Chances of no interview are higher if your medical RFE says to mail them them the medicals and does not give an option to bring them to the interview.

[Zenzone]

The officer ID is mentioned at the bottom of physical RFE letters and other communications. Example https://i.redd.it/9m6dajyj47m51.jpg

I-485 applications may or may not go to a field office currently. Some are getting RFEs and approvals directly from NBC, others are getting them from field offices. RFE from field office does not mean that there will be an interview. Chances of no interview are even higher if your medical RFE says to mail them them the medicals and does not give an option to bring them to the interview.

Thanks both for the clarification! My RFE doesn't have the officer ID in it (it has come from the local Field Office and not from NBC). Its also not in the letter format you had shared above as its the actual RFE. Also, there is no mention of bringing in medicals for an interview either. It simply states that I need to mail it in before the due date specified so hopefully no interview then. Fingers crossed!

[SG2020]

Folks ,

AOS/H4 EAD.

Filed I-485/I-765 on 10/30/2020 with TSC (PD 04/2012 in EB3.I-140 approved.) still waiting for EAD/fingerprinting.
My spouse needs work authorization for a new job.(Was on H1B before).
We tried to expedite EAD but USCIS denied it without requesting an evidence. Reached out to the local congresswoman and her office
made the inquiry with USCIS over a week ago. No response yet.
My H1B is up for renewal. I was under the impression that I can file H1 in premium with H4 petition and H4 EAD application and
USCIS processes it together in the PP time frame but I hear that policy changed sometime back and H4 applications much longer.

Question -
1. Is there another avenue we can explore to get AOS EAD expedited?
2. H4 EAD - Anyone had success getting H4 EAD processed in the PP time period recently. If we include the job offer(and any additional explanation) with the H1B/H4 application, any chance USCIS will consider it ?

Appreciate any suggestions.

I think you should be able to have all three applications go through your H1b PP. The biometric requirement for H4 has been removed - that was the only 'legal' reason why USCIS was separating the H4+H4-EAD application from the H1b. Please check with your attorney to confirm.

[srimurthy]

I think you should be able to have all three applications go through your H1b PP. The biometric requirement for H4 has been removed - that was the only 'legal' reason why USCIS was separating the H4+H4-EAD application from the H1b. Please check with your attorney to confirm.

Once you file for H1 extension, and then file PP if the H1 gets approved faster, there is a possibility that in the next 15 days or so the H4 extension and H4-EAD can also get approved.

[AceMan]

The officer ID is mentioned at the bottom of physical RFE letters and other communications. Example https://i.redd.it/9m6dajyj47m51.jpg

I-485 applications may or may not go to a field office currently. Some are getting RFEs and approvals directly from NBC, others are getting them from field offices. RFE from field office does not mean that there will be an interview. Chances of no interview are higher if your medical RFE says to mail them them the medicals and does not give an option to bring them to the interview.

In my case it was the Director's id. I expect it would be one of his reports working on the case.

[LightAtEndOfTunnel]

I didn't know USCIS considers repeated expedite requests. Will try that. Thanks krnashvom8
Yeah my close friend managed to get his ER approved on third attempt after getting shot down twice by live chat agents. He spoke to a person on USCIS phone line, used somber voice, described his story, managing house household on a single paycheck, paying mortgage, bills, sending two kids to day care etc. Nothing he spoke was untrue but sometimes you establish a personal connection if you speak 1:1 vs chat. He received EAD for his wife (not for him though) within 45 days of ER being opened.

[idliman]

I didn't know USCIS considers repeated expedite requests. Will try that. Thanks krnashvom8
Please read through our thread on Congressman / Senator process. It will take its own time. I had waited close to 4 weeks to get a response through that Channel each of the last two times. Two or three years ago, we would get reply from congressman in 1 or 2 days.

Also the situation with EAD/AP's is not so good. Many from Oct 2020 AOS are still waiting. I was talking to a person in my office and was discussing about some ROW folks whose EADs have not been approved for 6 months or so. So they are also after Congressman route. The famous quote of today was One person who never had a backlog asking why should I do it and why can't the company/attorney do it to expedite? All the timings / normal processing times are being stretched across the board for all applications.

I would think that most of the 2012 folks should clear (approvals) this year. The wait times in field offices are 12+ months and sometimes 18+ or 20+ months. Any good percentage of approvals for Oct 2020 filers is a real bonus as of now. Still a lot of applicants who filed 12+ months before are still waiting (ROW or Non-ROW).

So all I can tell you is put in whatever effort it takes to get your case approved or expedited. You have a genuine job loss type reason. You know all the tools that you can use for this process. The success may depend on the AO dealing your case or the agent who picksup your call on a particular day. Bear all of this in mind and don't get frustrated in this process. Good Luck.

[abcx13]

The steps USCIS did in FY 21.

1. Removed the need for I944.
2. Requested public for suggestions to improve the process.
3. Removed H4/L2 biometric need.
4. Allowed applicants who got rejection notice after January, to refile even the dates were not current.
5. Simplified the 485 application.
6. The visa bulletin dates started releasing faster than previous timelines.
7. Most of the delay/incomplete forms resulted in November visa bulletin, releasing on the last day of October

When there is a sincere attempt from the Administration and USCIS to skip mandated AOS interviews, a frivolous lawsuit by this specific lawyer can result in USCIS reinstating the interviews as mandatory.

It is important to know your rights, it also important to know the other parties rights.

If you have some time read through https://en.wikipedia.org/wiki/Kazarian_v._USCIS

Lawyers claim the above lawsuit is a win for them as USCIS was forced to change the policy with tightening up of EB1A and B and still continuing.

The removal of the H4/L2 biometrics was in response to a lawsuit from what I understand.

In other news, I saw Reddy Neumann has filed a FOIA request for I485 inventory data. I am a bit surprised David Bier or someone else hasn't already done this.

[AceMan]

The removal of the H4/L2 biometrics was in response to a lawsuit from what I understand.

In other news, I saw Reddy Neumann has filed a FOIA request for I485 inventory data. I am a bit surprised David Bier or someone else hasn't already done this.

H4/l2 biometric requirement is suspended and not removed. I misspoke earlier.

The image you see on my profile is the 140 data posted by David from early 2020.

[Zenzone]

In my case it was the Director's id. I expect it would be one of his reports working on the case.

For me its just the Director's name and hence my question about the officer id above.

[abcx13]

When there is a sincere attempt from the Administration and USCIS to skip mandated AOS interviews, a frivolous lawsuit by this specific lawyer can result in USCIS reinstating the interviews as mandatory

Btw, where do you guys see this? I think this is true based on the Greencardly sample data (https://www.greencardly.com/#/case_samples) but just curious if there is any other way to confirm that they are waiving interviews. I guess just anecdotally that lots of GCs being issued here without an interview?

[iamdeb]

The steps USCIS did in FY 21.

1. Removed the need for I944.
2. Requested public for suggestions to improve the process.
3. Removed H4/L2 biometric need.
4. Allowed applicants who got rejection notice after January, to refile even the dates were not current.
5. Simplified the 485 application.
6. The visa bulletin dates started releasing faster than previous timelines.
7. Most of the delay/incomplete forms resulted in November visa bulletin, releasing on the last day of October

When there is a sincere attempt from the Administration and USCIS to skip mandated AOS interviews, a frivolous lawsuit by this specific lawyer can result in USCIS reinstating the interviews as mandatory.

It is important to know your rights, it also important to know the other parties rights.

If you have some time read through https://en.wikipedia.org/wiki/Kazarian_v._USCIS

Lawyers claim the above lawsuit is a win for them as USCIS was forced to change the policy with tightening up of EB1A and B and still continuing.

Greg and his team of lawyers is out there to screw us again like he did in 2015........after the 2015 fiasco the filing date concept was introduced and for next 5 years there was no movement in EB2-I.....with this new lawsuit USCIS is going to stall approving 485 by reinstating interviews or by any other means......

[LightAtEndOfTunnel]

H4/l2 biometric requirement is suspended and not removed. I misspoke earlier.

The image you see on my profile is the 140 data posted by David from early 2020.

Hey @Ace, where do I see high-res image of your avatar. All I see is a thumb-nail.

[AceMan]

Greg and his team of lawyers is out there to screw us again like he did in 2015........after the 2015 fiasco the filing date concept was introduced and for next 5 years there was no movement in EB2-I.....with this new lawsuit USCIS is going to stall approving 485 by reinstating interviews or by any other means......

It is really interesting to see 6 years back USCIS advanced the dates to July 2011 and pulled it back by 2 years. The timing of the new lawsuit matches when the filing dates moved past July 2011. What a coincidence !!!

[abcx13]

Does anyone have any thoughts on this Greencardly scraped data (https://www.greencardly.com/#/latest/gcs_mailed) which shows a daily avg of 1800 GCs mailed? That means 657k GCs for the whole year. I'm not sure how many of those would be FB, parents and kids of USC, other asylum cases, etc.

[GCkaLADDU]

Yeah my close friend managed to get his ER approved on third attempt after getting shot down twice by live chat agents. He spoke to a person on USCIS phone line, used somber voice, described his story, managing house household on a single paycheck, paying mortgage, bills, sending two kids to day care etc. Nothing he spoke was untrue but sometimes you establish a personal connection if you speak 1:1 vs chat. He received EAD for his wife (not for him though) within 45 days of ER being opened.

Agree 100% as long as it's a genuine case which can justified if additional details are requested. I was able to expedite my AOS EAD via calling USCIS and explaining why I needed it (financial loss). Sent the proof as well.

They did approve my i-765 for 2 years yesterday and status shows 'Card is being being produced'

[gc2021]

Agree 100% as long as it's a genuine case which can justified if additional details are requested. I was able to expedite my AOS EAD via calling USCIS and explaining why I needed it (financial loss). Sent the proof as well.

They did approve my i-765 for 2 years yesterday and status shows 'Card is being being produced'


How Did you know that it is approved for 2 years ?? Is it Initial EAD or extension??

[GCkaLADDU]

Its initial EAD.

USCIS online account has a tab for documents related to your case and I see that they had uploaded the approval notice. It had the validity period details.

[MeraNumber09]

JULY Priority dates released: Final Action Dates
EB2 : 01JUN11
EB3: 01JAN13

[andhraguy]

July visa bulletin is available
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-july-2021.html

[rsnake]

it is 1st July 2011 i think for EB2 not 1 June 2011.

https://www.murthy.com/2021/06/11/newsflash-updated-predictions-for-july-2021-visa-bulletin/

Looks like I was right about it being 1st Jun 2011 and not July. Looks like Murthy.com made a mistake.

[Turbulent_Dragonfly]

Its initial EAD.

USCIS online account has a tab for documents related to your case and I see that they had uploaded the approval notice. It had the validity period details.

I created an account and I only see status updates. Where did you create the account where they upload notices etc?

[rsnake]

JULY Priority dates released: Final Action Dates
EB2 : 01JUN11
EB3: 01JAN13

EB2-I FAD moving by 6 months in one month is historic given the 1 or 2 days movement just 1 year ago. I don't think anyone could have anticipated it. Congrats to everyone who will become current in July. Now let us hope the USCIS doesn't waste too many visas..

Filing dates have also been advanced for EB2 and EB3, not sure if USCIS will honor them.

EB2 - 01DEC11
EB3 - 01FEB14

[rsnake]

I created an account and I only see status updates. Where did you create the account where they upload notices etc?

I have this question too. There seem to be two different systems in USCIS, MyUSCIS where your login id is your email, and also a different one at https://egov.uscis.gov/casestatus/displayLogon.do which takes a username. However I am not able to sign up for the second one, it takes me to the signup for the first one which I already did.

[sling10]

Help needed !

I presume I will be able to file 485 this October. Should I work with the employer now and get the 485-J supplement and keep it ready or is it too early at this point in time ? Is there some requirement that the date the employer signs the form should not be too far off from the date the 485 is submitted to USCIS ?

[GCkaLADDU]

I created an account and I only see status updates. Where did you create the account where they upload notices etc?

I got an online account# (details were mailed by USCIS) as my case started with an IOE (USCIS Electronic Immigration System). May be that's why i am able to view these details as it was an 'Electronic' case. It was a standalone filing after getting receipt notice for i-485. Screenshot on how it looks like below:

1783

[idliman]

Help needed !

I presume I will be able to file 485 this October. Should I work with the employer now and get the 485-J supplement and keep it ready or is it too early at this point in time ? Is there some requirement that the date the employer signs the form should not be too far off from the date the 485 is submitted to USCIS ?
The DF date is 01DEC11. Why do you think you have to wait till Oct 2021 to be FA current. Why cant you be current in the next bulletin itself?

[sling10]

The DF date is 01DEC11. Why do you think you have to wait till Oct 2021 to be FA current. Why cant you be current in the next bulletin itself?

Hello idliman ! Are you thinking that the FAD will reach Nov 2011 before Oct 2021 ? Per Charlie, isn't the EB2 FAD movement going to slow down after the July bulletin for this fiscal year ? Also, I don't expect USCIS to start accepting DOF dates before Oct 2021.

Assuming my PD of Nov 2011 will only be current in the Oct bulletin, is it too early for me to start working the employer on the 485 Supplement J right now ? Will there be any issues if the date the employer signs the 485J is say in the next 2-3 weeks whereas I file the 485J along with the 485 only in October ?

[LightAtEndOfTunnel]

Guess I'll be current in July visa bulletin but haven't even received bio-metric appointments yet or no progress what-so-ever other than the receipt notification that was mailed out in Feb-2021. This is so frustrating.

[montyp80]

The DF date is 01DEC11. Why do you think you have to wait till Oct 2021 to be FA current. Why cant you be current in the next bulletin itself?

I think both EB2 And EB3 will reach the current Filling dates in next bulletin and then will not move for Sept Bulletin.

Basing this based on last 2 years of movements in Aug and Sept bulletin.

This will give USCIS up to 2 months to catch up and approve GC in FY2021 for everyone current as of 1st August (yup, wishful thinking).

Prediction for August VB:
EB2I - 01 Dec 2011
EB3I - 01 Feb 2014

[Sebiswaiting]

Seeing 1 day, 3 days, 1 week movements in eb2 for so long, this 6 month move seems like a light year. congratulations to all whose dates are current.

I am considering that USCIS and Charlie has a much better view of downgrades, and that reflects in FD moving 1 month for eb3 and 5 months for eb2. I feel EB2 FAD will move closer to FD by September and EB3 FAD will advance stop bit short of current FD.

Also as someone said above, I feel there is faster move in Aug bulletin, and minimal in Sept, to allow a good 1.5 month of just processing existing files.

I hope that charlie is moving the dates considering wastage too as he usually careful in not giving extra.

My PD is June2015 eb2, joined a new firm 2 months back, so my case will have to go through full process, even if it gets current..Long way still :D

[abcx13]

Guess I'll be current in July visa bulletin but haven't even received bio-metric appointments yet or no progress what-so-ever other than the receipt notification that was mailed out in Feb-2021. This is so frustrating.

I am in same situation. I am San Francisco ASC. You?

[abcx13]

I think both EB2 And EB3 will reach the current Filling dates in next bulletin and then will not move for Sept Bulletin.

Basing this based on last 2 years of movements in Aug and Sept bulletin.

This will give USCIS up to 2 months to catch up and approve GC in FY2021 for everyone current as of 1st August (yup, wishful thinking).

Prediction for August VB:
EB2I - 01 Dec 2011
EB3I - 01 Feb 2014

I keep seeing posts from people that USCIS really picks up speed and issues a ton of GCs in the last quarter. Is there data for this anywhere, just out of curiosity?

[rohanvus]

Hi Experts,

Need some word of wisdom as am feeling drained out in this long wait for GC .
My PD is Dec 2,2011 (EB2) and last year in October i filed I-485 with EB2-EB3 downgrade .
I applied for upgrading I-140 to PP and application was delivered to USCIS on June 10th and till date nothing changed - as per lawyer , seems PP request was rejected (thought we havent yet received any response back from USCIS)

I-140 with EB3 may take another 2 years to get approved under regular processing ( with PP now being rejected) . On other hand , even if USCIS accepts DOF in July , i dont qualify there too because missed it by 1 day under EB2 . So pretty much no luck on either front

Having an approved I-140 is more peace of mind at this point as that assures the AOS pending status
Should i aim for filing under EB2 (incase it every covers by PD in near future) Or should I continue to try PP for EB3-140 ?

Anything you can advise will be greatly appreciated

[may2011]

I am in same situation. I am San Francisco ASC. You?

same here..Current in July bulletin, No biometrics

[montyp80]

Does anyone know when is the next 'Chat with Charlie' scheduled?

[rsnake]

Does anyone know when is the next 'Chat with Charlie' scheduled?

It's always listed in the visa bulletin. This Friday at 1pmET.

[moonlight]

I became current in July bulletin in EB2. My receipt date is Oct 08, 2020 and I responded to medical RFE in March 2021. I joined a new company on May 03, 2021 after transferring H1B. No EAD so far. Should I file I-485J supplement to avoid any questions during N-400 that I didn't stay with the petitioning company for a reasonable time? After filing I-485 J supplement, my current company will become petitioning company where I am going to stay for longer time anyway. I want to know experts' thoughts on this.

[rsnake]

I became current in July bulletin in EB2. My receipt date is Oct 08, 2020 and I responded to medical RFE in March 2021. I joined a new company on May 03, 2021 after transferring H1B. No EAD so far. Should I file I-485J supplement to avoid any questions during N-400 that I didn't stay with the petitioning company for a reasonable time? After filing I-485 J supplement, my current company will become petitioning company where I am going to stay for longer time anyway. I want to know experts' thoughts on this.

When USCIS looks at your case again, they will see the H1 transfer to a different company and figure out that you're not working for the original company anymore and MAY reject the I-485 application assuming (correctly) that you don't intend to rejoin that company after getting GC.

If your previous employer withdraws your I-140 (even after 6 months after I-140 approval) USCIS officer must issue a NOID on your I-485, to which you'll have to reply with a 485j and hope they accept it. If your 485 gets denied then you'll have to start from filing labor and getting approval with the new company which is taking 2 years by itself nowadays, by which the dates can retrogress because of no more family based spillover. MTR or even a lawsuit won't help because the denial will be legitimate. You're playing with fire by not filing the 485j which is a simple form with no filing fees.

[LightAtEndOfTunnel]

I am in same situation. I am San Francisco ASC. You?

San Marcos, CA, ASC

[LightAtEndOfTunnel]

Hi Experts,

Need some word of wisdom as am feeling drained out in this long wait for GC .
My PD is Dec 2,2011 (EB2) and last year in October i filed I-485 with EB2-EB3 downgrade .
I applied for upgrading I-140 to PP and application was delivered to USCIS on June 10th and till date nothing changed - as per lawyer , seems PP request was rejected (thought we havent yet received any response back from USCIS)

I-140 with EB3 may take another 2 years to get approved under regular processing ( with PP now being rejected) . On other hand , even if USCIS accepts DOF in July , i dont qualify there too because missed it by 1 day under EB2 . So pretty much no luck on either front

Having an approved I-140 is more peace of mind at this point as that assures the AOS pending status
Should i aim for filing under EB2 (incase it every covers by PD in near future) Or should I continue to try PP for EB3-140 ?

Anything you can advise will be greatly appreciated

People have tried applying for PP multiple times with some success. The only flip side is you need to pay like $200-$300 for lawyer's fee for each filing. If you want to hop on EB2 queue then you may need to interfile your I-485 to pick up I-140 that was approved for EB2 (there is a clearly defined USCIS procedure for that). However it's unlikely that EB2 FAD will get that far in financial year 2021. Your best bet is to push for EB3.

[newyorker123]

Is there an expedite process for H4 EAD too ? Or does it exist only for AOS EAD applicants ? Please advise.

[iamdeb]

GM Friends..My PD (5/23/2011 EB2-I) is current as per July bulletin. I didn't file for downgrade last year. Couple of questions for the experts:

1. Is it recommended to submit my medical (I-693) along with the I-485 next month?
2. Also, will applying for just I-485 and not for EAD/AP along with it help in processing my I-485 faster? Any pros/cons with this approach ?

Thanks!

[vsivarama]

Hi Experts,

Need some word of wisdom as am feeling drained out in this long wait for GC .
My PD is Dec 2,2011 (EB2) and last year in October i filed I-485 with EB2-EB3 downgrade .
I applied for upgrading I-140 to PP and application was delivered to USCIS on June 10th and till date nothing changed - as per lawyer , seems PP request was rejected (thought we havent yet received any response back from USCIS)

I-140 with EB3 may take another 2 years to get approved under regular processing ( with PP now being rejected) . On other hand , even if USCIS accepts DOF in July , i dont qualify there too because missed it by 1 day under EB2 . So pretty much no luck on either front

Having an approved I-140 is more peace of mind at this point as that assures the AOS pending status
Should i aim for filing under EB2 (incase it every covers by PD in near future) Or should I continue to try PP for EB3-140 ?

Anything you can advise will be greatly appreciated

Your best bet is to try and downgrade. You can give them a couple of weeks to find your original labor certification and try again. If you are trying for EB2, you will need to file the entire 485 application. You will NOT qualify for interfiling as your EB3 i140 is not yet approved and that's the basis for your current 485. So you cannot just simplify carry your current 485 application to EB2.

[vsivarama]

GM Friends..My PD (5/23/2011 EB2-I) is current as per July bulletin. I didn't file for downgrade last year. Couple of questions for the experts:

1. Is it recommended to submit my medical (I-693) along with the I-485 next month?
2. Also, will applying for just I-485 and not for EAD/AP along with it help in processing my I-485 faster? Any pros/cons with this approach ?

Thanks!

1. Yes, God yes!! you have till at least 31st of July to file your application. I think that's enough time to get your medicals done.
2. I don't think so. It's always better to have EAD as a contingency in case of unexpected job loss. You may also qualify for better opportunities with an EAD.

[srimurthy]

I keep seeing posts from people that USCIS really picks up speed and issues a ton of GCs in the last quarter. Is there data for this anywhere, just out of curiosity?

That may sound true during a regular year, when through the first 3 quarters they work in the limits on 23% odd of the 140K and then in the last quarter try to use the spill overs whether across in same category or spill down that are unused.
But this and last year and may be next year are special cases where instead of 140K we have 200K plus and if for the first three quarters they proceeded and used the 23% (which I doubt), then how much can they allocated in the last quarter? Because of overload and covid working conditions the approvals may be more but that would not be substantial numbers to use 200K plus numbers available. As the EADs or RFEs are not coming in droves everyone is expecting a huge wastage and I would not be surprised if it is around and above 50K. And that is an atrocious situation considering that we had cases filed for around 10 years.

[newyorker123]

Need help:
I have a Feb 2012 EB2 PD. I changed multiple companies, and my new company is just starting up on PERM.
Given current PERM timeframes, I have a long way (1.5+ years) ahead of me before I can apply for I485. Then, there are uncertainties like PERM audits etc.
I am thinking of moving to my old company, but I might need to take a cut in compensation.

- Could the timeframes retrogress badly in next 1-2 years ? Should I take this cut in compensation and get I485 in asap and get the EAD ?
- If I join old company, do I file I140 and downgrade asap to EB3 (so that I can file by end-July, best case) ? Or hold on for EB2 dates to move (current EB2 filing date is Dec 11).

Please advise.

[insane.yogi]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS may only accept FADs) Or should i concurrently file in EB3 directly (FAD is current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

Hello Gurus. hoping to get some feedback on above query.

[AceMan]

Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum

- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by Aug 2021 and file concurrently for I-140/485

My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if i file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.

The perm has to be approved first before applying for 140.

[insane.yogi]

Aceman - im assuming my PERM is approved. the perm processing dates have dropped from 228 days to 180 days in last month. hoping this will get my perm approved in next 2 - 3 weeks.

[gammaray]

Need help:
I have a Feb 2012 EB2 PD. I changed multiple companies, and my new company is just starting up on PERM.
Given current PERM timeframes, I have a long way (1.5+ years) ahead of me before I can apply for I485. Then, there are uncertainties like PERM audits etc.
I am thinking of moving to my old company, but I might need to take a cut in compensation.

- Could the timeframes retrogress badly in next 1-2 years ? Should I take this cut in compensation and get I485 in asap and get the EAD ?
- If I join old company, do I file I140 and downgrade asap to EB3 (so that I can file by end-July, best case) ? Or hold on for EB2 dates to move (current EB2 filing date is Dec 11).

Please advise.

Imo, it's extremely unlikely that Eb2 dates will retrogress below Feb 2012, in the coming years. There is sufficient spillover, even with all the wastage, for that to not happen. At a minimum eb3 will absolutely be at that date. So my suggestion to to continue in your current job if that's better for your career and you should be able to concurrently file I-140/I-485 whenever your PERM is approved in the future. If you are uncertain about your current job or any other circumstances that make it important for you to get the gc status right now then it would make sense to go back to the old job.

[maverick2010]

Friends,

I've a new job offer and it's been 180 days since I filed my 485 & my PD is current.

1. If I take up the new offer should I file I-485J immediately or after the RFE?
2. What if I join the new company and GC gets approved without i-485J RFE?


Thank you!

[gammaray]

Seeing 1 day, 3 days, 1 week movements in eb2 for so long, this 6 month move seems like a light year. congratulations to all whose dates are current.

I am considering that USCIS and Charlie has a much better view of downgrades, and that reflects in FD moving 1 month for eb3 and 5 months for eb2. I feel EB2 FAD will move closer to FD by September and EB3 FAD will advance stop bit short of current FD.

Also as someone said above, I feel there is faster move in Aug bulletin, and minimal in Sept, to allow a good 1.5 month of just processing existing files.

I hope that charlie is moving the dates considering wastage too as he usually careful in not giving extra.

My PD is June2015 eb2, joined a new firm 2 months back, so my case will have to go through full process, even if it gets current..Long way still :D

On a quick note, a light year is a measure of distance, and not a measure of time, so your statement is not accurate ; -). A more appropriate analogy would be general relativity - the 1 week movements previously were like the PD's were near a black hole where the time slowed down, and now with the spillover the PD's are more in earth's orbit.

With the aggressive advancing I think eb3 2015 may become current in FY 2022 (atleast the filing dates). Beyond FY 2022 is an unknown but I really am optimistic in the next year or two there will be legislative change that will reduce the backlogs ( I know folks are generally very cynical about any legislative change)

[abcx13]

Has anyone ever filed an FOIA request to get pending I485 inventory data from the USCIS that they used to publish?

It's a $25 fee and they have to reply within 20 days. Reddy Neumann supposedly filed one for I485 pending inventory a week ago or something but not sure if they will share if they get it.

[montyp80]

It's always listed in the visa bulletin. This Friday at 1pmET.

No wonder it wasn't showing up on google search!

Thank you for sharing that bud!