EB2-3 Predictions (Rather Calculations)

[mr00us]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

[DJ/033110]

Happy Friday folks. Hope everyone is doing well and staying safe. I had recently received an update on Feb 27th about fingerprints relating to my Form I-485 have been applied to my case and same update again on June 8th. Was this a mass update for most folks?
Had received RFE for expired Form I-693 (report of Medical Exam and Vaccination Record) and Outdated Form G-325A (Biographic Information Sheet) back in 2018 and responded to them and sent the Medicals Jan 2019. Should I expect to receive another RFE because it has been past 2 years after the last medicals?
My PD is March 31st, 2010 and have been current since April bulletin.

[andhraguy]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

At this time i would go with option 2) stays in your queue and apply I-140 PP. Adding a new application will put you back to square one.

[mr00us]

Makes sense. I am reading mixed reviews about interfiling, even from lawyers. Anyone who have had success or failure can only shed clear light on interfiling.

Gosh!!!! So frustrating!!

[tough6guy]

At this time i would go with option 2) stays in your queue and apply I-140 PP. Adding a new application will put you back to square one.

I am in a similar situation. But my company is not allowing premium upgrades (even with my $). And my date of March 2012 will probably be current around October. Attorney says USCIS will auto-magically pickup EB2 140 and process already filed I485 and approve greencard and that there is no need to even interfile. For me it doesn't make sense, but I have no other option. I may have to wait for I140 to be approved in regular processing which may take 1 month or 2 years.
Other option would be go back to previous employer with whom I have eb2 140 approved and apply I485 with him. But I am seeing conflicting statements that prior I485 needs to be withdrawn before a new 485 can be filed.

[Turbulent_Dragonfly]

SRC case processing has now become 20-50 months, just outrageous... NSC is 12-20 months, NBC is 9-33 months

Note: If the ?USCIS Office? is the National Benefits Center (NBC) and you have filed an employment-based or family-based Form I-485, Form N-400, or Form N-600, you should check processing times for your local field office. (from link below)

Info on what these processing times mean: https://egov.uscis.gov/processing-times/more-info

[Kesid23]

Does anyone know when (or at which stage of processing..) exactly the case gets transferred to FO?

Also, I don't think we get a case update notification when the case is transferred to FO, I believe it's only when it's transferred to another SC. Can anyone confirm this?

I am not sure about the right answer to this question but am speaking from personal experience.

My case was transferred to the FO on June 3,2021.

My dates became current in March , 2021.

I would consider that my case was documentarely ready before it was transferred to the FO.
It was transferred after I responded to medical RFE and the biometrics was completed for both me and my dependent.

The transfer was not reflected on my 485 status.

I came to know about it from Emma.

No EAD or GC yet!

[vsivarama]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

point 1 is not possible. While you can interfile if your i140 is approved. You cannot interfile while i140 is pending. The 485 is in kind of limbo and does not have validity until underlying i140 is approved. If i140 is rejected your 485 is rejected.

[Zenzone]

I am not sure about the right answer to this question but am speaking from personal experience.

My case was transferred to the FO on June 3,2021.

My dates became current in March , 2021.

I would consider that my case was documentarely ready before it was transferred to the FO.
It was transferred after I responded to medical RFE and the biometrics was completed for both me and my dependent.

The transfer was not reflected on my 485 status.

I came to know about it from Emma.

No EAD or GC yet!

From what I have researched, FO are better in processing unless you are in those heavy heavy volume geographies. So good luck! In my case, my medical RFE itself came from the FO and my FAD is current only in July so I see there is some truth about FO's being a bit more pro-active with their pipelines.

[rohanvus]

point 1 is not possible. While you can interfile if your i140 is approved. You cannot interfile while i140 is pending. The 485 is in kind of limbo and does not have validity until underlying i140 is approved. If i140 is rejected your 485 is rejected.
So are you saying we can still file fresh 485 with EB2 approved I-140 even though we have the the EB3 -140 based 485 stuck in downgrade process ?

I am no expert , but having 2 485s wont create a problem ? Incase this works fine am willing to file a fresh 485 (with approved EB2 I-140 ) as i already tried PP for EB3 downgrade but it was rejected by TSC

[GCkaLADDU]

https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2021Q2.pdf

Only 17K EB cases approved in Q2! Freaking unbelievable!

[newyorker123]

https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2021Q2.pdf

Only 17K EB cases approved in Q2! Freaking unbelievable!

And 273K pending :(
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

[android09]

And 273K pending :(
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

Basically means EAD club is now open for business. Fully expect Biden admin to start charging for renewals.

[Noesis]

And 273K pending :(
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

A total of 45381 so far.! This is unbelievable; forget the SO, I doubt if they would reach even 140K.!

[Turbulent_Dragonfly]

https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2020Q4.pdf

It was around 60k at the end of Q2 last year. Really slowed down to 12k in Q3 and then picked back up to 48k for an ~ even 120k at the end. I know Charlie mentioned higher utilization percentages so where is the missing data? From FY2021 sheet it seems like they approved 28k in the Q1 which may or may not include FY2020 visas that were approved in Oct 2020.

[abcx13]

Q2 last year was also the thick of Covid for the last month at least.

[txsguy]

Explanation by another lawyer on low visa usage
https://twitter.com/wstock215/status/1408505933962039298

"USCIS actually isn't allowed to adjudicate those cases before the start of the 4th quarter (7/1), because until the 4th quarter, law requires visa numbers to be kept available worldwide, and not given to oversubscribed countries"

[rocketfast]

A total of 45381 so far.! This is unbelievable; forget the SO, I doubt if they would reach even 140K.!

For the first 2 quarters, the total trackitt tracker approval for I-485 was 439. Right now, it is 925. So 3rd quarter performance was comparatively better. The trackitt multiplication factor continues to follow last year's trend. If I had to guess, they would have approved around 100k by end of June.

[rave79]

Basically means EAD club is now open for business. Fully expect Biden admin to start charging for renewals.

Looks like they want to milk from I-485 EAD+AP premium processing for the next few years by draining the spillover..!!

[3nov10]

Hi Idli, Vedu and Gurus.

My Perm is approved today (July 2020 audit case). I am going to apply for I 140 and port my date (Nov 3 2010), What's your advice go with EB2 or EB3.

I always wanted to file I 485, I-765 and I-131 myself. I am on this forum for a long time and did my research, I am confident I can get it all done.

Company lawyer wants all in one package if I want to file concurrent.

Question is should I file I -140 in premium and do rest of it myself once it is done.

Or should I just go with lawyer for everything, and get AC21 protection as soon as I can. (No plans to change job voluntarily and H1B is valid till sep 2023)

If I go with lawyer, does it even make any sense to go I-140 premium as I-485 will not move till finger prints anyways. So few months wait either way (and god knows how long after that).

Money is not a criteria, I just don't want to give anymore to lawyer, I would rather donate.

[vedu]

Hi Idli, Vedu and Gurus.

My Perm is approved today (July 2020 audit case). I am going to apply for I 140 and port my date (Nov 3 2010), What's your advice go with EB2 or EB3.

I always wanted to file I 485, I-765 and I-131 myself. I am on this forum for a long time and did my research, I am confident I can get it all done.

Company lawyer wants all in one package if I want to file concurrent.

Question is should I file I -140 in premium and do rest of it myself once it is done.

Or should I just go with lawyer for everything, and get AC21 protection as soon as I can. (No plans to change job voluntarily and H1B is valid till sep 2023)

If I go with lawyer, does it even make any sense to go I-140 premium as I-485 will not move till finger prints anyways. So few months wait either way (and god knows how long after that).

Money is not a criteria, I just don't want to give anymore to lawyer, I would rather donate.

Congratulations on your PERM approval. My recommendation is to send the complete package (I140+I485+I765+I131+Medicals+I485J if necessary). And I also recommend filing I 140 in premium. That is the fastest way to get your green card approved. You can also get AC21 protection as soon as you can, and once this package reaches USCIS, you can just relax. There will be no more documentation after that.

As much as I hate lawyers, I am not sure whether you should do it yourself or involve your lawyer. If you are fully confident of your ability to complete all these forms accurately, then go do it yourself. The most important benefit of you doing it yourself is you will be in complete control of your destiny. USCIS will directly communicate with you and you can do it without wasting any time in the process. But if you are not confident of your ability to manage this paperwork, then go with the lawyer. Don't take chances. I am sure his paralegal will make some mistakes as they always do...but hey..at least the lawyer has a degree in law!:)

I will tell you my experience with lawyer vs no lawyer. All my H1B's were done through the lawyer sponsored by my employer, and everytime it was pain to get them to act fast on my case. They would waste so much time, make simple mistakes in the paperwork, wait until very late (not deliberately) to file my application. On the other hand, when it came to EAD/AP combo card, I used to do everything myself, without a single mistake, for free, and exactly six months before my current EAD/AP was about to expire. It was such a pleasure and hassle-free experience because I was in full control of my destiny!

All the best for your next step!

[rave79]

AFAIK only your employer can file I-140? the rest of the things yes may be by yourself

[vedu]

AFAIK only your employer can file I-140? the rest of the things yes may be by yourself

Yes, but employer and OP can do it by themselves without the lawyer if his employer agrees.

[Djidondon]

Explanation by another lawyer on low visa usage
https://twitter.com/wstock215/status/1408505933962039298

"USCIS actually isn't allowed to adjudicate those cases before the start of the 4th quarter (7/1), because until the 4th quarter, law requires visa numbers to be kept available worldwide, and not given to oversubscribed countries"

How true is this information from the attorney ? Is there any source that we can check on the same ?

[nbk1976]

How true is this information from the attorney ? Is there any source that we can check on the same ?

USCIS doesn't determine visa numbers for countries or who should get how many; DOS does that. This attorney might be referring to some internal CIS operational rule (which could be challenged, if true).

How does this explain many March and April 2010 PD folks getting approvals? I think this is not true.

[rsnake]

For the first 2 quarters, the total trackitt tracker approval for I-485 was 439. Right now, it is 925. So 3rd quarter performance was comparatively better. The trackitt multiplication factor continues to follow last year's trend. If I had to guess, they would have approved around 100k by end of June.

Trackitt data is heavily biased towards Indians compared to ROW so it's not a representative sample. I feel that Greencardly data is much more reliable.

Analysis of Greencardly data from a user on Trackitt to predict approvals in Q3:


During Q2, Greencardly average daily approval was about 1200. For 90 days that 1200 * 90 = 108,000. But out of that only about 20% is for EB (rest are family). That gave you the 18K usage during Q2 (the data that was released today). If you look at Greencardly trends for Q3 (Apr-Jun) the daily average was about 1600, which will give you approximately 25K EB GC during Q3. So entering Q4, only (45K + 25K) = 70K GC will be used. They'll have (262K-70K) = 192K EB GC to process in Q4

I wonder how they processed 27K visas during the Q1 holiday quarter with Thanksgiving and Christmas New year etc. but only 18K visas in Q2. They even stopped issuing EADs and APs in last month of Q2 so approvals should have been even higher.

[rsnake]

https://www.uscis.gov/sites/default/files/document/reports/Quarterly_All_Forms_FY2020Q4.pdf

It was around 60k at the end of Q2 last year. Really slowed down to 12k in Q3 and then picked back up to 48k for an ~ even 120k at the end. I know Charlie mentioned higher utilization percentages so where is the missing data? From FY2021 sheet it seems like they approved 28k in the Q1 which may or may not include FY2020 visas that were approved in Oct 2020.


Maybe someone can lookup FY2019 data to see what's a typical quarterly distribution is in a normal year without Covid or a huge spillover?

[rsnake]

USCIS doesn't determine visa numbers for countries or who should get how many; DOS does that. This attorney might be referring to some internal CIS operational rule (which could be challenged, if true).

How does this explain many March and April 2010 PD folks getting approvals? I think this is not true.

Assuming there is that rule in place, India would still get 7% of the overall large pool of 260K visas(after breakdown of 28% for EB2 and EB3 each) in earlier quarters rather than 7% of only 140K, so there would still be more approvals for Indian PDs than a normal year. That could explain those approvals.

[moonlight]

GC is for a future FT job promised by the company and accepted by you. So if you had moved to a new company availing AC21, you need to file a I-485 Supp J immediately. Any USCIS AO that looks at your case closely, send you a NOID or RFE. So it is better to proactively file I-485 J as you are FA current. In rare cases, you may get a GC without doing anything. In a bad situation, USCIS may claim that they approved the GC in error.

Attorneys may advise you to wait for RFE. That will delay your GC approval by a few months.

Thanks idliman for suggestion. Attorney did advise to wait for RFE and then file 485-J. They are big law firm and I don't have much influence on them. I insisted to file but they didn't oblige. Now I think there is no option left for me just to file a one-pager document.

[LightAtEndOfTunnel]

Trackitt data is heavily biased towards Indians compared to ROW so it's not a representative sample. I feel that Greencardly data is much more reliable.

Analysis of Greencardly data from a user on Trackitt to predict approvals in Q3:



I wonder how they processed 27K visas during the Q1 holiday quarter with Thanksgiving and Christmas New year etc. but only 18K visas in Q2. They even stopped issuing EADs and APs in last month of Q2 so approvals should have been even higher.

In Q2 they were mostly busy tearing the envelopes, scanning documents and generating receipts for 200K applications.

[LightAtEndOfTunnel]

Maybe someone can lookup FY2019 data to see what's a typical quarterly distribution is in a normal year without Covid or a huge spillover?

Here is historic visa usage (source found it on a telegram group and I can't vouch for authenticity of this data).
1788

[rsnake]

Here is historic visa usage (source found it on a telegram group and I can't vouch for authenticity of this data).


Are the numbers in the unlabeled columns, C, H, I, L the EB1, 2, 3 breakdown or a breakdown of the first 3 quarters? This shows the totals but doesn't seem to show the quarterly distribution of approvals for EB.

[rsnake]

Interesting quote from Telegram



The American Competitiveness in the Twenty-First Century Act (AC21) removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.

https://travel.state.gov/content/dam/visas/Immigrant%20Visa%20Control%20System_operation%20of .pdf



Also from the owner of a Chinese telegram group saying that it's BS to say USCIS has to wait till last quarter to give country based spillover visas:


I am the group master of the largrst Chinese greencard group, which many of your data plots here came from

Nonsense at all.
Please get to understand what happened

ONLY if the ROW people are NOT current in the 1st or 2nd quarter, the Indian/Chinese have to wait.

This means their requirements cannot been meet, then indian/Chinese have to wait until the last quarter to see if there is SO left

This year the ROW are always CURRENT, and the 1st quarter distributed 40% of quarterly quota, 2nd quarter even worse, only send out 26% of the 66250 quarterly quota.

Please remember all indian meet FAD schedule should get greencard.

Now all or nearly all the SO will be wasted.

Finally, please remember, the USCIS has physical limit of sending greencards.
The historical high is 55000.
NO matter what happens, there is no possibility to send out 185000 EB greencards

[rave79]

Interesting quote from Telegram



Also from the owner of a Chinese telegram group saying that it's BS to say USCIS has to wait till last quarter to give country based spillover visas:

I was wondering last Nov/Dec about the USCIS processing abilities and the reality appears to be most of this SpillOver 262K GC is going down the kitchen sink..this is beyond words..!!

[3nov10]

Congratulations on your PERM approval. My recommendation is to send the complete package (I140+I485+I765+I131+Medicals+I485J if necessary). And I also recommend filing I 140 in premium. That is the fastest way to get your green card approved. You can also get AC21 protection as soon as you can, and once this package reaches USCIS, you can just relax. There will be no more documentation after that.

As much as I hate lawyers, I am not sure whether you should do it yourself or involve your lawyer. If you are fully confident of your ability to complete all these forms accurately, then go do it yourself. The most important benefit of you doing it yourself is you will be in complete control of your destiny. USCIS will directly communicate with you and you can do it without wasting any time in the process. But if you are not confident of your ability to manage this paperwork, then go with the lawyer. Don't take chances. I am sure his paralegal will make some mistakes as they always do...but hey..at least the lawyer has a degree in law!:)

I will tell you my experience with lawyer vs no lawyer. All my H1B's were done through the lawyer sponsored by my employer, and everytime it was pain to get them to act fast on my case. They would waste so much time, make simple mistakes in the paperwork, wait until very late (not deliberately) to file my application. On the other hand, when it came to EAD/AP combo card, I used to do everything myself, without a single mistake, for free, and exactly six months before my current EAD/AP was about to expire. It was such a pleasure and hassle-free experience because I was in full control of my destiny!

All the best for your next step!

Thank you Vedu for prompt reply. What are your views on EB2 Vs EB3?

I had a "strategic planning" call with the lawyer yesterday and he gave a timeline of end of July - mid Aug to file everything, this is one of the main reason I dislike them, what exactly they need this time for. Just like you I have been applying my spouses EAD (Both under G4 and H4 visas) I never had any problems.

Thanks for I485J reminder, I didn't think it was needed but I guess, doesn't hurt to add it.

For the edification of others, I am in Chicagoland, around 4 months back, I got the vaccinations at my primary care, I also asked him to do the TB and STDs tests, he asked me lot of questions and did the HIV too :D , my USCIS approved civil surgeon ($400/person) will use those tests results, for the vaccines, he will do an antibodies test.

I did all this earlier anticipating a problem, not to save money, because that's the story of my life, if there any possibility of stumbling block in my GC path, I would hit it. Lo and behold, I was tested positive for TB in 'quantiferon gold' test, doctor did a chest X-ray and found no evidence of TB, repeated the test still positive, but he had to report the positive test to local health department. Who then called me and kind of forced me to take medication for TB. 4 months later, I did another test and that was negative. Local health department will issue a letter saying I was "cured", I may not need it, but good to have it and not need it than the other way around.

I will report on progress later, It might not help anyone but at least people will know they are not the only one suffering :).

[rohanvus]

Hi Gurus and Experts,

Need some advice or your thoughts on my situation

My PD is Dec 2,2011 (EB2 approved) and last year October i applied for 485 with EB2-EB3 downgrade .
My EB3-140 haven't been approved till date and i tried PP and got rejected (for my colleague ,same PD ,same company - all same , it was accepted and approved) - my bad luck as always :(

Wondering if FAD under EB2 get current and EB3-140 is still pending , then can i file for a fresh 485 with EB2-140 ? Is this legal/allowed to have multiple 485s or do you see any issues with this ?

Regards,
Shovit

[3nov10]

Hi Gurus and Experts,

Need some advice or your thoughts on my situation

My PD is Dec 2,2011 (EB2 approved) and last year October i applied for 485 with EB2-EB3 downgrade .
My EB3-140 haven't been approved till date and i tried PP and got rejected (for my colleague ,same PD ,same company - all same , it was accepted and approved) - my bad luck as always :(

Wondering if FAD under EB2 get current and EB3-140 is still pending , then can i file for a fresh 485 with EB2-140 ? Is this legal/allowed to have multiple 485s or do you see any issues with this ?

Regards,
Shovit

IMHO you best bet is I-140 premium, having 2 I-485 is possible but you will have to cancel one at some point of time. Also adding a new 485 will put you to back of the line, in what ever queue USCIS uses to process 485 applications. Your AC-21 protection is based on AOS app waiting for more than 180 days, I am not sure that status is also 'ported' or gets reset when older one is revoked.

You have already complicated the application by downgrading (no judgment do whatever you can to get the GC fast. AC-21 protection is the next best thing), further jumping around might delay and not speed up the process.

Legally it is allowed. but I would not recommend it.

[rohanvus]

IMHO you best bet is I-140 premium, having 2 I-485 is possible but you will have to cancel one at some point of time. Also adding a new 485 will put you to back of the line, in what ever queue USCIS uses to process 485 applications. Your AC-21 protection is based on AOS app waiting for more than 180 days, I am not sure that status is also 'ported' or gets reset when older one is revoked.

You have already complicated the application by downgrading (no judgment do whatever you can to get the GC fast. AC-21 protection is the next best thing), further jumping around might delay and not speed up the process.

Legally it is allowed. but I would not recommend it.

Thanks for your reply .

Only if EB3-140 gets approved before EB2 FAD becoming current , but considering the inconsistency at USCIS with accepting PP , i am not hopeful . Not sure if this will take 1 year more for just approving I-140 .

You are right about AC21 protection and thats what i want soon .GC can wait .

You said i have already complicated my case by downgrading ? Can you pls elaborate on the complication aspect ?

[3nov10]

Thanks for your reply .

Only if EB3-140 gets approved before EB2 FAD becoming current , but considering the inconsistency at USCIS with accepting PP , i am not hopeful . Not sure if this will take 1 year more for just approving I-140 .

You are right about AC21 protection and thats what i want soon .GC can wait .

You said i have already complicated my case by downgrading ? Can you pls elaborate on the complication aspect ?

I should use better words, complicate doesn't convey what I want to say correctly. God knows how USCIS works but anecdotal evidence suggests,
they will bring you original perm from some storage space to whatever office your downgrade I-140 app is being processed and that is going to take lot of time, and only after they have it, they will start the PP clock or just reject the PP till then. This just adds time, and in some cases they move the 485 to FO separately, all of these should be one place, in front of same officer for the final decision. So lots of processes in parallel, just adds to your time line.

Think if it as you are at DMV and you keep on changing your ID document and they keep on sending you to the first window to get them to check. Everything should line up perfectly in for the officer to request a visa.

[rohanvus]

I should use better words, complicate doesn't convey what I want to say correctly. God knows how USCIS works but anecdotal evidence suggests,
they will bring you original perm from some storage space to whatever office your downgrade I-140 app is being processed and that is going to take lot of time, and only after they have it, they will start the PP clock or just reject the PP till then. This just adds time, and in some cases they move the 485 to FO separately, all of these should be one place, in front of same officer for the final decision. So lots of processes in parallel, just adds to your time line.

Think if it as you are at DMV and you keep on changing your ID document and they keep on sending you to the first window to get them to check. Everything should line up perfectly in for the officer to request a visa.
Thanks for this explanation - makes sense

I will stay put in EB3 and hope they approve 140 in few months .

Btw ,PP was filed by lawyer for all of my colleagues together and packages were delivered to TSC on June 10 for all us , but everyone else got accepted and approved and for me there has been no update as to what went wrong . Even lawyer was puzzled , they are hoping to receive rejection response ( which they haven?t till date ) . In nutshell, just my case being singled out made me gloomy and anxious (fear of being left alone ) and having no answer even why they rejected my case ,got me thinking on fresh 485 with EB2

[3nov10]

Thanks for this explanation - makes sense

I will stay put in EB3 and hope they approve 140 in few months .

Btw ,PP was filed by lawyer for all of my colleagues together and packages were delivered to TSC on June 10 for all us , but everyone else got accepted and approved and for me there has been no update as to what went wrong . Even lawyer was puzzled , they are hoping to receive rejection response ( which they haven?t till date ) . In nutshell, just my case being singled out made me gloomy and anxious (fear of being left alone ) and having no answer even why they rejected my case ,got me thinking on fresh 485 with EB2

Who knows what it is. It could be you app is in a special bunker and the guy with the key went on a vacation and fractured his leg. If this was my app this is exactly what will happen 😅
But hang on, if they have not rejected, we have good reason to believe they are looking for it, once they find it, your will also be approved.
Best of luck.

[vedu]

Thank you Vedu for prompt reply. What are your views on EB2 Vs EB3?

I had a "strategic planning" call with the lawyer yesterday and he gave a timeline of end of July - mid Aug to file everything, this is one of the main reason I dislike them, what exactly they need this time for. Just like you I have been applying my spouses EAD (Both under G4 and H4 visas) I never had any problems.

Thanks for I485J reminder, I didn't think it was needed but I guess, doesn't hurt to add it.

For the edification of others, I am in Chicagoland, around 4 months back, I got the vaccinations at my primary care, I also asked him to do the TB and STDs tests, he asked me lot of questions and did the HIV too :D , my USCIS approved civil surgeon ($400/person) will use those tests results, for the vaccines, he will do an antibodies test.

I did all this earlier anticipating a problem, not to save money, because that's the story of my life, if there any possibility of stumbling block in my GC path, I would hit it. Lo and behold, I was tested positive for TB in 'quantiferon gold' test, doctor did a chest X-ray and found no evidence of TB, repeated the test still positive, but he had to report the positive test to local health department. Who then called me and kind of forced me to take medication for TB. 4 months later, I did another test and that was negative. Local health department will issue a letter saying I was "cured", I may not need it, but good to have it and not need it than the other way around.

I will report on progress later, It might not help anyone but at least people will know they are not the only one suffering :).

Looks like your lawyer is going to waste one precious month. :( As you already know, you yourself can complete those forms in two days, but then your employer may not sign them without a lawyer.

As for EB2 Vs. EB3, it doesn't matter for you. Your dates are current under both the categories, and I am very confident that they are not going to retrogress. So, choose the simplest path that requires least amount of efforts and time for you as well as for USCIS. Don't unnecessarily complicate things.

[3nov10]

Looks like your lawyer is going to waste one precious month. :( As you already know, you yourself can complete those forms in two days, but then your employer may not sign them without a lawyer.

As for EB2 Vs. EB3, it doesn't matter for you. Your dates are current under both the categories, and I am very confident that they are not going to retrogress. So, choose the simplest path that requires least amount of efforts and time for you as well as for USCIS. Don't unnecessarily complicate things.

Yes, this is going to be a monumental waste of time. My previous I-140 was in EB2, so I think, I will keep it that why.

I was able to talk to a colleague (doesn't have the same problem as Indians he is from Nepal), he told me HR follows whatever the lawyer tells them, his app was filed few months back and lawyer advised to not to send medicals!!! and wait for RFE, poor guy is now stuck waiting.
Apparently the HR gave him, my money, my rules attitude.

Come Monday I will push hard to get things done quickly.

Thanks for the help.

[rsnake]

These are the pace of GC approvals from USCIS per quarter. Totals don't add up close to 140K because consulate GCs given by DoS overseas are not counted.


2021: 27.5K, 17.9K
2020: 41.8K, 18.3K, 12.8K, 48.8K (total 121.9K)
2019: 33.2K, 27.5K, 30.4K, 13.7K (total 105K)
2018: 30.4K, 28.3K, 34.5K, 16K (total 109K)

Ignoring 2020 which was affected by Covid shutdowns, the normal pace of approvals in Q2 when cap is 140K is 27K. And now when cap is 260K the approvals are only 18K. The first quarter this year is bad compared to earlier years too. Also last quarter is traditionally the worst quarter, I am guessing it's because the cap is close or being reached.

Anyway, USCIS will have to give out 108K GCs each in Q3 and Q4 to reach this years cap. Their previous record in a quarter was 55K.

[sstest]

Thanks for this explanation - makes sense

I will stay put in EB3 and hope they approve 140 in few months .

Btw ,PP was filed by lawyer for all of my colleagues together and packages were delivered to TSC on June 10 for all us , but everyone else got accepted and approved and for me there has been no update as to what went wrong . Even lawyer was puzzled , they are hoping to receive rejection response ( which they haven?t till date ) . In nutshell, just my case being singled out made me gloomy and anxious (fear of being left alone ) and having no answer even why they rejected my case ,got me thinking on fresh 485 with EB2

I am in the same bucket. 2 months back we filed a PP for an Oct downgrade 140. No response for 10 weeks. Enquiry made to the premium processing department (supposed to get an answer in 72 hours) also went unanswered. My friends have been getting either approval or rejection with "We have initiated the request for the related file (containing the certified PERM)". Usually, the second request filed after 30 days goes through.

You and I and probably more people are in a special queue with unanswered PP prayers :) Not much to do other than wait or potentially send another PP on top of the previous unanswered but very out-of-regular-processing-time PP.

[rohanvus]

I am in the same bucket. 2 months back we filed a PP for an Oct downgrade 140. No response for 10 weeks. Enquiry made to the premium processing department (supposed to get an answer in 72 hours) also went unanswered. My friends have been getting either approval or rejection with "We have initiated the request for the related file (containing the certified PERM)". Usually, the second request filed after 30 days goes through.

You and I and probably more people are in a special queue with unanswered PP prayers :) Not much to do other than wait or potentially send another PP on top of the previous unanswered but very out-of-regular-processing-time PP.

Is yours TSC too ? May i ask what is your PD ?

[Zenzone]

Folks - Quick question. When we respond to the medical RFE (imminent for me) do you recommend -

1) Attaching the sealed envelope from the civil surgeon with the actual RFE request and just mailing them back to the USCIS address mentioned in the RFE or Do I need to add a cover letter in addition to that packet;
2) My wife and I got an RFE each and would it be okay to send the response as just one FEDEX packet instead of two.

Please share your experiences.

[txsguy]

TravelGov will be hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. This month's chat is scheduled to take place on June 28, 2021 at 1:00 p.m. EST to discuss the July Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case, or post specific questions will be accepted.

[montyp80]

TravelGov will be hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. This month's chat is scheduled to take place on June 28, 2021 at 1:00 p.m. EST to discuss the July Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case, or post specific questions will be accepted.

Going to be another re-schedule it seems.

Looks like Charlie is trying to avoid facing upset people this month. lol

[Turbulent_Dragonfly]

Going to be another re-schedule it seems.

Looks like Charlie is trying to avoid facing upset people this month. lol

It's going on here: https://www.youtube.com/watch?v=jxk-gVs2YuU

[newyorker123]

Charlie clearly stating that a large number of visas will be wasted. He mentioned that system can handle only 140-150K applications. I hope he is not implying that 100K+ visas will be wasted

[GCkaLADDU]

TravelGov will be hosting "Chats with Charlie" on our YouTube channel (https://www.youtube.com/user/TravelGov) to discuss information provided in the monthly Visa Bulletin. This month's chat is scheduled to take place on June 28, 2021 at 1:00 p.m. EST to discuss the July Visa Bulletin. Questions can be emailed to VisaBulletin@state.gov ahead of the event with "Chat with Charlie Question" in the subject line. Questions will also be taken via the YouTube Live Chat and will be answered in real-time. The event is intended to address issues of general interest related to the content of the Visa Bulletin, and no policy, case, or post specific questions will be accepted.

It was a sh$#@ow :(

[txsguy]

"large number of visas will be wasted"

[LightAtEndOfTunnel]

Are the numbers in the unlabeled columns, C, H, I, L the EB1, 2, 3 breakdown or a breakdown of the first 3 quarters? This shows the totals but doesn't seem to show the quarterly distribution of approvals for EB.

Here is the usage by quarters for last three years as I saw it in a Telegram group. I can't validate the accuracy of the information.

1789

[LightAtEndOfTunnel]

Charlie clearly stating that a large number of visas will be wasted. He mentioned that system can handle only 140-150K applications. I hope he is not implying that 100K+ visas will be wasted

I wonder why that comes as a surprise. There were many unsubstantiated theories floating around that spill overs for backlogged countries are only processed in Q4 etc. Hope is powerful and yet dangerous tool. It can make people rationalize to any levels. This reminds me of rumors that used to float around during 1992 cricket world cup where, India had an outside chance of qualifying to semi-finals, so people started rumor that Mark Greatbatch, used aluminum bat (or a bat with coil suspensions) in match against India. The match points for India vs NZ game would be awarded to India to help them qualify for semi finals. Funny times.

[LightAtEndOfTunnel]

Going to be another re-schedule it seems.

Looks like Charlie is trying to avoid facing upset people this month. lol

It felt like it was pre-recorded.

[Mgajsk]

Here is the usage by quarters for last three years as I saw it in a Telegram group. I can't validate the accuracy of the information.

1789
2018 and prior they processed both Employment and family based GCs .
One would expect them to process more visas when family based visa numbers are low .
Unless there are separate teams handling EB and Family adjudications.

[LightAtEndOfTunnel]

Seems Charlie emphasized on being documentarily complete as a good way to expedite the process. At this point, it doesn't hurt to send an interfile request for I-693, just as a hail mary pass. In the worst case I have to do medicals again so be it.

[rave79]

CO indicated the VB movement may not be faster in the next two months - Any calculated guesses for the next 2 months?

[rsnake]

Here is the usage by quarters for last three years as I saw it in a Telegram group. I can't validate the accuracy of the information.

1789

Haha, the circle is complete. I had posted those numbers both on here and on Telegram after looking them after asking that question in your quoted message. : )

[rsnake]

Seems Charlie emphasized on being documentarily complete as a good way to expedite the process. At this point, it doesn't hurt to send an interfile request for I-693, just as a hail mary pass. In the worst case I have to do medicals again so be it.

There is no concept of DQ in USCIS. All of Charlie's references are about the Department of State consular processing abroad, not adjustment of status. If you google DQ you will only find information from DoS and not USCIS. You can tell that from his answer about medicals, that they're done close to interview time. Which is true at consulates, not USCIS. He even said he doesn't know how USCIS does it for AoS applicants.

[rsnake]

If anyone missed Charlie's live chat video, atleast watch for a minute here at the timestamped URL.

https://youtu.be/jxk-gVs2YuU?t=1682

Someone asked what's the point and significance of DoS extending dates when USCIS isn't giving many GCs out, even the host starts laughing at the ridiculous situation.

[LightAtEndOfTunnel]

2018 and prior they processed both Employment and family based GCs .
One would expect them to process more visas when family based visa numbers are low .
Unless there are separate teams handling EB and Family adjudications.

I think that's what I understood, not all the staff in charge of processing FB visas can handle EB visas and vice versa. It came out as part of discovery process in the lawsuits (you can search on Twitter/Google for Wasen Banias Law). It seems (like a typical government org), some staff are are heavily underutilized and others are overburdened and there is no way to establish a good weight distribution of work.

[GCkaLADDU]

Coming back to original point of this thread :)

Thoughts on FAD movement in EB2-I and EB3-I categories in Aug bulletin?

[rave79]

Coming back to original point of this thread :)

Thoughts on FAD movement in EB2-I and EB3-I categories in Aug bulletin?

CO indicated today that it may not be faster hence my take is that it may be 2 months for EB2I and 3 months for EB3I

[srimurthy]

CO indicated today that it may not be faster hence my take is that it may be 2 months for EB2I and 3 months for EB3I
The July FAD for EB2 and 3I are 01JUN11 and 01JAN13, and what needs to be seen is how many of cases before this date will be approved or allocated GCs before end of Q4.
We are still seeing cases files in 2012 still being approved and not sure how many in EB2 that have files 485 first time in Oct'2020 that had PD between Apr'2010 and Jan'2011 have even been touched.

So there is still a long way to go, even if the FADs move as they are not issuing EAD's, AP or any other documents even after 8 months for the the first time filers. I guess we should all be braced up to see numbers anywhere between 50 to 100K wasted this year. And also the same going into next year as we don't hear anything being worked out to increase the capacity or strength to address the 240K this year and 300K numbers next year. And if the team size remains the same as prior to 2020, I guess we will see numbers utilized around 150K worst case to 200K best case this year and also next year.

[rsnake]

2018 and prior they processed both Employment and family based GCs .
One would expect them to process more visas when family based visa numbers are low .
Unless there are separate teams handling EB and Family adjudications.

Remember that 90% of FB visas are typically processed by DoS and NVC, not USCIS.

Only 10% are processed as AoS by USCIS, and those applications are still ongoing and being processed by USCIS as there is no ban on family visas for people already within the US.

[MeraNumber09]

I think you meant to point to this URL : https://www.youtube.com/watch?v=jxk-gVs2YuU

[rsnake]

I think you meant to point to this URL : https://www.youtube.com/watch?v=jxk-gVs2YuU

That's the same URL I posted. I just linked directly to the timestamp of funny part of the video where even the DoS lady employee host starts laughing at the question pointing out that DoS moving the FAD dates is having no impact on USCIS granting approvals.

[chandukechacha]

Hello,

My priority date is end of May 2011. My company filed EB3 downgrade in October. My downgrade 140 is under processing and my company is not doing premium processing. They are stubborn on this and I am not sure how long 140 regular processing will take.
I am current in July in both EB3 and EB2. My previous employer with whom I have Eb2 140 approved is willing to take me back into their company after green-card approval and provide I485J if I wish to file in EB2.

My question is Can I go ahead and file a new 485 (using prior employers eb2 140)?. Can I have 2 active 485's at the same time and choose 1 at the time of approval?. Would filing a 2nd 485 automatically cancel out the downgrade 485?

Answers on this will be very helpful for me

[SG2020]

That's the same URL I posted. I just linked directly to the timestamp of funny part of the video where even the DoS lady employee host starts laughing at the question pointing out that DoS moving the FAD dates is having no impact on USCIS granting approvals.

Just finished the video. Relevants parts are here:

25:20 - large wastage

28:00 - USCIS not doing their part, so what is the significance of your work

[LightAtEndOfTunnel]

Haha, the circle is complete. I had posted those numbers both on here and on Telegram after looking them after asking that question in your quoted message. : )

Ha ha ha.. sorry Shaktiman

[rave79]

The July FAD for EB2 and 3I are 01JUN11 and 01JAN13, and what needs to be seen is how many of cases before this date will be approved or allocated GCs before end of Q4.
We are still seeing cases files in 2012 still being approved and not sure how many in EB2 that have files 485 first time in Oct'2020 that had PD between Apr'2010 and Jan'2011 have even been touched.

So there is still a long way to go, even if the FADs move as they are not issuing EAD's, AP or any other documents even after 8 months for the the first time filers. I guess we should all be braced up to see numbers anywhere between 50 to 100K wasted this year. And also the same going into next year as we don't hear anything being worked out to increase the capacity or strength to address the 240K this year and 300K numbers next year. And if the team size remains the same as prior to 2020, I guess we will see numbers utilized around 150K worst case to 200K best case this year and also next year.


Agreed CO even today does not have the EB2->Eb3 downgrade numbers and of them how many approved, but I believe he is going by the hunch that huge ~290K spillover that is imminent in the next 2 months. With that logic he is and hopefully still be moving the dates forward for EB2-I and EB3-I atleast this calendar year.

[sstest]

Is yours TSC too ? May i ask what is your PD ?

NSC. Other details in the signature. - Jul 2011 PD used for EB2 140. https://www.trackitt.com/usa-immigration-trackers/i140 to look at similar cases in case you're interested.

[rohanvus]

NSC. Other details in the signature. - Jul 2011 PD used for EB2 140. https://www.trackitt.com/usa-immigration-trackers/i140 to look at similar cases in case you're interested.

Thats very discouraging . For how long one should wait - atleast if they can give the reason for rejection will be a win at this point .
Are you planning to apply under EB2 if your FAD under EB2 gets current and this EB3--140 is still pending by then ?

[Zenzone]

Folks who got greened recently - I got my medical RFE two weeks ago and I have completed the medicals now with I-693 ready to be filed and the response for RFE ready to go. My EB2 date (Jan-2011) is current in July, would you advise to hold off and send the RFE response packet next week so that it reaches USCIS as of July 1st or is there no harm in sending it right away/right now? I want to take the approach that would give me a best shot at quicker adjudication. Please advise!

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 - Pending (Awaiting decision); Card Production Ordered - Pending (Awaiting decision); Processing at the Local Field Office (previously with NBC)

[rave79]

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - XX; Card Production Ordered - XX; Processed at the Local Field Office (previously with NBC)

Congrats..!!

[srimurthy]

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)

Did you not submit the medicals in Oct with the initial submission? Was wondering what was the medical RFE for?

[Mgajsk]

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)
Congrats Zenzone !!
I must say that was pretty good timeline considering the ?delay? news everywhere .
Can you mention how did you know your case was sent to field office ?
And
Which field office was this ? My case is with NBC with MSC number and I am expecting it to move to local office ?

[sstest]

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)

Excellent news! Power of straight filing, at least this FY. Congrats!


Thats very discouraging . For how long one should wait - atleast if they can give the reason for rejection will be a win at this point .
Are you planning to apply under EB2 if your FAD under EB2 gets current and this EB3--140 is still pending by then ?

Well, I did not even get rejection :) getting the silent treatment for all PP requests. Given that EB3 I-140 was filed as an amendment(The lawyer said no to filing as a new petition), and I-485 for that EB3 I-140 is out with it, I guess I just have to wait and see what happens in the next month or so.

[Zenzone]

Did you not submit the medicals in Oct with the initial submission? Was wondering what was the medical RFE for?

I didn't submit Medicals in October and hence the RFE now.

[android09]

I didn't submit Medicals in October and hence the RFE now.
Congrats @Zenzone !!! Very happy for you. but isn?t 2011 becoming current from July 1st only? Its only 2 days to July but wanted to confirm getting green card before priority date is current is not causing problems.

[Noesis]

Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)

Congratulations.!

[Zenzone]

Congrats @Zenzone !!! Very happy for you. but isn?t 2011 becoming current from July 1st only? Its only 2 days to July but wanted to confirm getting green card before priority date is current is not causing problems.

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)

[bangaloreboy]

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)

Hello Zenzone,
I will not make you scratch your head more, but I believe appreciation is warranted just for the fact that you did not wait till the end of Oct to file 485...Great to see your case move along nicely...wish you the best!

[Zenzone]

Hello Zenzone,
I will not make you scratch your head more, but I believe appreciation is warranted just for the fact that you did not wait till the end of Oct to file 485...Great to see your case move along nicely...wish you the best!

Yes. Thanks and to you too!

[Noesis]

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)

well, the "nonimmigrant" mind which aspires to be an "Immigrant" mind doesn't see anything beyond "card production ordered" in your message :) Nevertheless, congratulations on the progression of your case, to be greened soon..

[Jonty Rhodes]

Need some input from experts here.

MY PD is 5/20/2011. I downgraded in October 2020 since I missed out by 6 days as filing dates stopped on 5/15/2011.

Biometrics are done. EAD/AP awaited. I did not submit medicals in October 2020 like many others at the advice of my attorney.

I am current in EB3 right now with EB3 I-140 approved. I will be current in EB2 also starting July 1.

I was planning to submit medicals without RFE earlier but since I am now getting current in EB2 also, should I

1. Request interfiling in EB2 and send medicals with the interfiling request?

2. Just submit medicals without RFE without interfiling?

3. Just sit tight and wait for medical RFE and then submit medicals?

My attorney is advising Option 3 as the safest approach and asking to be patient. His opinion is that it is usually not a good idea to send medical exams to the USCIS until they ask for them since the agency is terrible at processing documents in the mailroom, and there is a high probability that the medical exams will get lost and never make it into the proper files. He says that USCIS's position is that people should not send anything to the USCIS unless the USCIS requests it. He says that wheels at the USCIS turn slowly, and if we change course, it will not help to speed things up, but it may further gum up the works.

Would appreciate recommendations from experts here.

[sjayanthi]

Congratulations to all who recently got current. Looks like the next few VBs will be tough ones with little movement. This opens up a crazy situation, we have folks in 2012 getting cards while folks from 2010 are waiting perhaps based on the processing center. Given this, how would USCIS ever determine where to hold the line or worse retrogress. If they pull the date back, say to Apr 2011, would folks who are currently in the July bulletin would just get EAD and stay put?

Still crazy is what would happen if a 2012 EB3 PD person filed in Oct, 2020 while a 2011 EB3 PD file in May 2021, will the first case get through (which I think is the case bc of RD) while the second case will be pending and wrose get retrogressed.

Anyways getting back to my actual question, should we consider 2010 and 2011 PDs safe? or are there chances for folks in 2012? I still remember crazy talk from Mr.Reddy that dates will move to 2018 and here we are talking about 2012 :(

[bikenlalan]

Congratulations to all who recently got current. Looks like the next few VBs will be tough ones with little movement. This opens up a crazy situation, we have folks in 2012 getting cards while folks from 2010 are waiting perhaps based on the processing center. Given this, how would USCIS ever determine where to hold the line or worse retrogress. If they pull the date back, say to Apr 2011, would folks who are currently in the July bulletin would just get EAD and stay put?

Still crazy is what would happen if a 2012 EB3 PD person filed in Oct, 2020 while a 2011 EB3 PD file in May 2021, will the first case get through (which I think is the case bc of RD) while the second case will be pending and wrose get retrogressed.

Anyways getting back to my actual question, should we consider 2010 and 2011 PDs safe? or are there chances for folks in 2012? I still remember crazy talk from Mr.Reddy that dates will move to 2018 and here we are talking about 2012 :(

For now they are safe as there will not be retrogression since more spillover is expected from FB for next FY. Maybe there will be corrective action on the FA dates in the later half of next FY depending on how many of early priority dates are still pending. I would not expect aggressive movement going forward since a lot of applications are already in the pipeline. Hopefully by the end of next FY most of 2010 and early 2011 would be cleared.

[Zenzone]

For now they are safe as there will not be retrogression since more spillover is expected from FB for next FY. Maybe there will be corrective action on the FA dates in the later half of next FY depending on how many of early priority dates are still pending. I would not expect aggressive movement going forward since a lot of applications are already in the pipeline. Hopefully by the end of next FY most of 2010 and early 2011 would be cleared.

Agree that. Also, there is no reason to believe (based on expected FB to EB SO for next fiscal too) that there will be any retrogression until September 2022 based on where things stand today.

[Mgajsk]

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)


Quote Originally Posted by Zenzone View Post
Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)

your update had "i-485 Approved-pending" and I thought your I-485 is approved. I was happy cuz my PD is march 2011 :-)

How can we know if our case is transferred to Local Field office? Why did you send the medicals to local field office? can you please elaborate. My case is at NBC ..

[sjayanthi]

Agree that. Also, there is no reason to believe (based on expected FB to EB SO for next fiscal too) that there will be any retrogression until September 2022 based on where things stand today.

I was hoping that but given they are wasting most of the FO spillover not sure why it would be different next year. Not sure if my numbers are accurate but I read that most of the spillover for '21 is being wasted so I am a bit skeptical that entire next year spillover will be used. So net net we will get 150k additional GCs. That should eat way most of 2010 and 2011 backlog IMO.

[gammaray]

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)

Because I'm guessing people are eager and reading " Card Production Ordered" instead of "Card Production Ordered - Pending" and "I-485 - Pending"?

Guessing technically you would still require an interview prior to I-485 approval since the I-485 was applied in 2020. Hopefully that gets waived off.

[bikenlalan]

I was hoping that but given they are wasting most of the FO spillover not sure why it would be different next year. Not sure if my numbers are accurate but I read that most of the spillover for '21 is being wasted so I am a bit skeptical that entire next year spillover will be used. So net net we will get 150k additional GCs. That should eat way most of 2010 and 2011 backlog IMO.

By middle of next FY, USCIS should be able to process through most of the finger printing, background checks, sending out RFE's regularly as they pick up the files and moving through them to approval. Things should go better from Covid perspective, as things pretty much open up completely and normalcy returns. There will be wastage for sure even for next FY, as USCIS can only process as many applications per FY, their regular EB quota + some more. Do not expect them to use up all of 290K visa numbers that are said to be available. I would expect another 100-125k wastage even for next FY. But most of up to April/May 2011 PDs should be assumed to clear.

[qesehmk]

Jonty - not really an expert on this topic. But if I were you I would go with the lawyers advice in this case.

IMHO your card is just around the corner. Good luck.


Need some input from experts here.

MY PD is 5/20/2011. I downgraded in October 2020 since I missed out by 6 days as filing dates stopped on 5/15/2011.

Biometrics are done. EAD/AP awaited. I did not submit medicals in October 2020 like many others at the advice of my attorney.

I am current in EB3 right now with EB3 I-140 approved. I will be current in EB2 also starting July 1.

I was planning to submit medicals without RFE earlier but since I am now getting current in EB2 also, should I

1. Request interfiling in EB2 and send medicals with the interfiling request?

2. Just submit medicals without RFE without interfiling?

3. Just sit tight and wait for medical RFE and then submit medicals?

My attorney is advising Option 3 as the safest approach and asking to be patient. His opinion is that it is usually not a good idea to send medical exams to the USCIS until they ask for them since the agency is terrible at processing documents in the mailroom, and there is a high probability that the medical exams will get lost and never make it into the proper files. He says that USCIS's position is that people should not send anything to the USCIS unless the USCIS requests it. He says that wheels at the USCIS turn slowly, and if we change course, it will not help to speed things up, but it may further gum up the works.

Would appreciate recommendations from experts here.

[Zenzone]

Quote Originally Posted by Zenzone View Post
Update -

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; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)

your update had "i-485 Approved-pending" and I thought your I-485 is approved. I was happy cuz my PD is march 2011 :-)

How can we know if our case is transferred to Local Field office? Why did you send the medicals to local field office? can you please elaborate. My case is at NBC ..

My medical RFE came from the FO. It had instructions to send the package back to them too. I also called and checked with Emma as soon as I received the RFE and saw it came from the FO.

[LightAtEndOfTunnel]

I didn't get my GC yet. Just sent my RFE response yesterday and waiting now. I was scratching my head on why everyone is congratulating already ;)

People read "Card Production Ordered" and then stop reading further.. ha ha..

[newyorker123]

Agree that. Also, there is no reason to believe (based on expected FB to EB SO for next fiscal too) that there will be any retrogression until September 2022 based on where things stand today.

I keep seeing this - that there will be no retrogression: Is this about the Final Action Date ? So, is it almost certain that EB3 Final Action Date will remain in 2013 ?

My priority date is Feb 2012, wondering whether EB2 Final Action Date will ever reach here. Any thoughts ?

[LightAtEndOfTunnel]

I keep seeing this - that there will be no retrogression: Is this about the Final Action Date ? So, is it almost certain that EB3 Final Action Date will remain in 2013 ?

My priority date is Feb 2012, wondering whether EB2 Final Action Date will ever reach here. Any thoughts ?

It's not so much about priority date reaching there but it's more about USCIS' ability get through all the cases in time (I am talking about FY-2022, I have already given up hopes for FY-2021). There are tens of thousands of folks who are current since April/May,2020 but haven't seen much progress on their file.

[Zenzone]

I keep seeing this - that there will be no retrogression: Is this about the Final Action Date ? So, is it almost certain that EB3 Final Action Date will remain in 2013 ?

My priority date is Feb 2012, wondering whether EB2 Final Action Date will ever reach here. Any thoughts ?

My comment is about the Final Action Date.

[Zenzone]

It's not so much about priority date reaching there but it's more about USCIS' ability get through all the cases in time (I am talking about FY-2022, I have already given up hopes for FY-2021). There are tens of thousands of folks who are current since April/May,2020 but haven't seen much progress on their file.

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability. I also see as far as FO processing goes your geography makes a difference too. Just my reflections from this journey here since last October.

[drop2ocean]

Just got I485J - Receipt Notice Fee Waived in mail. #MSC212595XXXX. My wife and I did the FP on April 29th. we did not send medicals in Oct 2020. Any ideas how far we are from RFE for medicals ?

[A0000Z]

Gurus, Is there any possibility for EB3 Filling dates to reach 2016 in Oct 2021?

[srimurthy]

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability.

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD atleast can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

[Zenzone]

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD at least can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

See if you can request to expedite the EAD/AP processing. But that should have no bearing on your GC adjudication as such which I think could be imminent.

[Turbulent_Dragonfly]

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability. I also see as far as FO processing goes your geography makes a difference too. Just my reflections from this journey here since last October.

I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.

[Turbulent_Dragonfly]

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD atleast can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

Are you assuming that the HR will be skeptical of the H4 EAD or did they express that? There is literally no difference in the work authorization afforded by either so you should not even need to mention how the benefit came about. Of course if it's a desi employer, they might make a deal out of it. Also if you get I-485 EAD, you will only initially get it for 1 year unless it's provided for two based on the new rules.

[srimurthy]

Are you assuming that the HR will be skeptical of the H4 EAD or did they express that? There is literally no difference in the work authorization afforded by either so you should not even need to mention how the benefit came about. Of course if it's a desi employer, they might make a deal out of it. Also if you get I-485 EAD, you will only initially get it for 1 year unless it's provided for two based on the new rules.

She is currently using H4EAD but when going for a bigger firm for full time, some internal managers did have that hesitation for H4EADs and regular EADs. Not a desi employer for sure, so we will see how it goes if we don't get the EAD or GC by that time.

[Jonty Rhodes]

Jonty - not really an expert on this topic. But if I were you I would go with the lawyer's advice in this case.

IMHO your card is just around the corner. Good luck.

Thanks, Q. I appreciate your input.

[Positive]

I just saw that case inqiry date for pending EB3 I-140 at TSC is Oct. 26, 2020.Has anyone with downgrades filed under regular processing gottent their I-140 approved?

[Turbulent_Dragonfly]

I just saw that case inqiry date for pending EB3 I-140 at TSC is Oct. 26, 2020.Has anyone with downgrades filed under regular processing gottent their I-140 approved?

Even I-765 times are now Nov 2020 for NSC and Aug 2020 for NBC. Maybe hopeful signs that they are catching up.

[KB8765]

Need advise from experts.

My PD March 2011, and submitted I485 with medicals in October which attorney submitted towards October end. Biometrics completed in April. Now I come to know that attorney did not submit my I-485J for whatever reason even when i sent back them the signed form. What options do I have now as my PD will be current in July? Can I interfile I485J or wait for RFE ? Thank You

[Positive]

Even I-765 times are now Nov 2020 for NSC and Aug 2020 for NBC. Maybe hopeful signs that they are catching up.

On the other hand I-485 processing times at TSC have been revised to show inquiry dates in 2017! The range provided for eb is 26.5 to 44.5 months. Given those processing times, what does the statutory language of "immediately available" visa numbers for eligibilty for filing of I-1485 even mean? People who have not been able to file I-485 should be a filing a suit based on just the processing times. With those processing times and the number of visas that currently continue to be available, EVERYONE should be able to file.

[nbk1976]

Need advise from experts.

My PD March 2011, and submitted I485 with medicals in October which attorney submitted towards October end. Biometrics completed in April. Now I come to know that attorney did not submit my I-485J for whatever reason even when i sent back them the signed form. What options do I have now as my PD will be current in July? Can I interfile I485J or wait for RFE ? Thank You

Wait for the RFE. They might not even RFE you for supp-J because your 485 is fairly recent. My attorney was of the opinion that we should not send them anything unless asked or required by law/rules.

[KB8765]

Wait for the RFE. They might not even RFE you for supp-J because your 485 is fairly recent. My attorney was of the opinion that we should not send them anything unless asked or required by law/rules.

Thank You for your suggestion. Really appreciate it.

[rsnake]

On the other hand I-485 processing times at TSC have been revised to show inquiry dates in 2017! The range provided for eb is 26.5 to 44.5 months. Given those processing times, what does the statutory language of "immediately available" visa numbers for eligibilty for filing of I-1485 even mean? People who have not been able to file I-485 should be a filing a suit based on just the processing times. With those processing times and the number of visas that currently continue to be available, EVERYONE should be able to file.

Isn't that exactly what Charlie did in 2008, making India current in the VB to generate demand after getting frustrated at slow pace of USCIS.

Edit: So apparently back then Charlie made all the dates current for EB on the 13th or 14th of June for July VB. USCIS did not want to honor those dates and receive the flood of new applications so they immediately started approving a large amount of pending 485s in those remaining 17 days in June, and then asked the state department to change the VB because many numbers were now used up and no longer available, and they did on July 1. The protest over wasted money and effort went to Congress etc. and they forced USCIS on 16th to accept applications for a month till Aug 16th.

[Positive]

Isn't that exactly what Charlie did in 2008, making India current in the VB to generate demand after getting frustrated at slow pace of USCIS.

Edit: So apparently back then Charlie made all the dates current for EB on the 13th or 14th of June for July VB. USCIS did not want to honor those dates and receive the flood of new applications so they immediately started approving a large amount of pending 485s in those remaining 17 days in June, and then asked the state department to change the VB because many numbers were now used up and no longer available, and they did on July 1. The protest over wasted money and effort went to Congress etc. and they forced USCIS on 16th to accept applications for a month till Aug 16th.

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long as vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the backlog, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required to do by law, expecting to get legislative or executive action is foolhardy.

[Zenzone]

I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.

Yes. I think every FO is a different beast of its own. Experiences may greatly vary as a result. Good Luck and hope you get greened soon!

[kuku82]

Yes. I think every FO is a different beast of its own. Experiences may greatly vary as a result. Good Luck and hope you get greened soon!

Hi Zenzone, if comfortable, can you share which field office your application was processed at? I'm in a similar boat expecting rfe response to go out anytime this week.

[A0000Z]

Experts, Is there any possibility for the EB3-I fillings dates to reach 2016 in Oct 2021?

[A0000Z]

Gurus, Is there any possibility for the EB3-I filling dates to reach 2016 in Oct 2021 bulletin?

[srimurthy]

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the legilation, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required by law to do, expecting to get legislative or executive action is a foolhardy.

as shared there is no law that all the available GC numbers should be used and allocated in a year, so we can't sue on that aspect. Not sure why all groups that were trying to get the bills passed or lobby like IV and others why are try silent and not putting some pressure and following up to see that the numbers get used and allocated when we have the abundance. Not sure why everyone is so quite on that aspect.

[PDAUG2011]

Copying a msg from another thread (Dilemma or Conundrum of I693 Medical with 485 or after 485 filing) and hoping to get a response here:

As I mentioned in my above post, my lawyer interfiled my medicals. They sent it to Chicago Lock Box and based on FedEx receipt, the Lock Box received it on 06/09. However I was informed by a live agent on 06/28 that they have mailed an RFE on 06/25. My 485J got approved on 06/28 and I have not received the RFE yet. Assuming that it is for medicals (I can't think about anything else - please share if anyone else has an idea about other possibilities), what are my options?

[Zenzone]

Copying a msg from another thread (Dilemma or Conundrum of I693 Medical with 485 or after 485 filing) and hoping to get a response here:

As I mentioned in my above post, my lawyer interfiled my medicals. They sent it to Chicago Lock Box and based on FedEx receipt, the Lock Box received it on 06/09. However I was informed by a live agent on 06/28 that they have mailed an RFE on 06/25. My 485J got approved on 06/28 and I have not received the RFE yet. Assuming that it is for medicals (I can't think about anything else - please share if anyone else has an idea about other possibilities), what are my options?

Its likely for Medicals especially given your Form-J is now approved.

[rsnake]

Yes. I think every FO is a different beast of its own. Experiences may greatly vary as a result. Good Luck and hope you get greened soon!

Not only every FO but different officers at each FO also vary a lot.

[rsnake]

Gurus, Is there any possibility for the EB3-I filling dates to reach 2016 in Oct 2021 bulletin?

I think there is a decent chance, but it also depends on how many downgrades they got, and how many visas are going to get wasted. If both are quite high then movement might be limited.

[PDAUG2011]

Makes sense to me. Good Luck!

Thanks, Zenzone!

Will keep you all posted about the progress.

[iamdeb]

I will need 6 photos for my I-485 application. Can anyone suggest a store for it?

[gammaray]

I will need 6 photos for my I-485 application. Can anyone suggest a store for it?

Walgreens, cvs, target, walmart, etc. they all do it. Uscis ends up wasting photos for I-765 and I-131 -- the photo taken during biometrics ends up on the EAD/AP card and not what is sent with the forms.

[LightAtEndOfTunnel]

I will need 6 photos for my I-485 application. Can anyone suggest a store for it?

Costco, Wallgreens, CVS and if you have some PS skills you can do it on your own too.

[monsieur]

Costco, Wallgreens, CVS and if you have some PS skills you can do it on your own too.

Costco has stopped its store photo services. You can order prints via website thou.

Add few USPS locations which has passport with photo services.

[krnashvom8]

I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.

I think looking up the GC approvals on telegram or other scraping data wont really tell you much. From what I have read your local Field Office (FO) makes the final decision and approves your I485. The MSC receipt numbers around your receipt no. wont be for the same field office. And when your I-485 gets approved depends on the processing speed of your local FO. I think greencardly is the best bet to get some estimate as they have a breakdown of I485's processed by each field office.

[KingofJoy]

Interesting scenario - PD 2010 December EB2-I and filed in 2020 Oct and got EAD/AP. Our PD is current in July bulletin.
Few days ago (June 24th), we got a notice of approval (Physical copy for 485 approval and no card yet though) even though our PD is not current yet.
Next day (June 25th) the online status changed to "On June 25, 2021, we reopened your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number XXXXX, and mailed you a notice."

Today we received the notice which basically states "On June 25, 2021, we reopened your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number XXXXX, and mailed you a notice". This doesn't seem to be a RFE or anything just a notice of reopening case that's all.

It does seem to be a strange pattern so wondering if anyone faced similar situation and If so, what does this mean. Any thoughts or feedback is really appreciated. BTW, we are current as of today.

[idliman]

I will need 6 photos for my I-485 application. Can anyone suggest a store for it?
Read https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69157&viewfull=1#post69157
(https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69157&viewfull=1#post69157)
Take photograph using iPhone and off white background. Google "e passport photo"; Use one of the free website to covert your photo to 4x6 sheet; Pay $0.15 to get 4 photos at CVS, Walgreens, Walmart, Costco or Sam's Club. The photos you take at home will have much better quality than those ones taken at CVS. Good Luck.

[idliman]

Thanks again for writing @idliman.
Hope!! My PD June 2010 would not retrogress :fingerscrossed.
Agree!! Better to check if the offer is worth it.
It is a good to know that I485-J can be filed even before joining a job. It makes sense and logically i can understand it.
And finally that 6 month or 60 days or 6 days rule after getting green card being checked during naturalization is a big question.
Recently one of my friends went through a tough time during naturalization. He was given a NOID and was advised to hire an attorney immediately after stepping out of USCIS ASC. I did not know anything about it as some EB3 to EB2 to EB1C applicants don't want to share it. Law and rules work, but not very efficiently. Even intent matters in law. 9 out of 10 can do anything and get away during Naturalization. But, I don't wish anyone to be the one person who gets into trouble.

[srimurthy]

Moved the discussion items around EAD and possible options with H1 and AOS to the following existing thread:
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout

And the application items to :
https://www.qesehmk.org/forums/showthread.php/2950-Application-Status

And kids ageing out to:
https://www.qesehmk.org/forums/showthread.php/2768-Kids-ageing-out

And post I-485 possible scenario and options questions and followups to:
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout

[LightAtEndOfTunnel]

Moved the discussion items around EAD and possible options with H1 and AOS to the following existing thread:
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout

And the application items to :
https://www.qesehmk.org/forums/showthread.php/2950-Application-Status

And kids ageing out to:
https://www.qesehmk.org/forums/showthread.php/2768-Kids-ageing-out

And post I-485 possible scenario and options questions and followups to:
https://www.qesehmk.org/forums/showthread.php/2819-I485-Information-details-and-scenario-playout

Thanks Sri for being an awesome moderator :) Please don't leave us, ever.

[LeoAugust]

Hi All,

Got a good site for complete details for daily update for MSC/LIN/SRC.

https://hilites.today/uscis_cases

This is just for overall tracking. Main source from where other groups pick up the snaps.

[Mgajsk]

Anyone from 2011 pD en2/3 received their green card. ?
Were the interviews being waived ?

I enquired with uscis agent and confirmed my case has not moved to field office yet .
When can we expect the application to be moved to Local field office after being current in final action dates ?

[jkseth]

Two folks, both with Feb 2011 priority dates, from my employer have confirmed to have their cards mailed today.
They both submitted medicals along with 485 back in oct 2020. There was no interview for any of them.

[Mgajsk]

Two folks, both with Feb 2011 priority dates, from my employer have confirmed to have their cards mailed today.
They both submitted medicals along with 485 back in oct 2020. There was no interview for any of them.

Thanks ! That’s encouraging. I did send my medicals along with 485 .. ..any idea about their service centers ? It appears the approved PDs are all over the place and entirely based on luck .

[1312011_eb2I]

Which field office ?

[Djidondon]

I think there is a decent chance, but it also depends on how many downgrades they got, and how many visas are going to get wasted. If both are quite high then movement might be limited.

How will CO know the total no.of downgrades where their downgrade I-140s are approved from EB2-I to EB3-I. He would get that data from other office on how many I-140s are approved among the downgraded people, with this I guess he will not consider the downgrades where the I-140 is not approved and I think this will move the EB3-I dates up to 2017 dec for filling dates

[DJ/033110]

Thanks ! That?s encouraging. I did send my medicals along with 485 .. ..any idea about their service centers ? It appears the approved PDs are all over the place and entirely based on luck .

Hello,
My PD is March 2010, EB2-I TSC and haven't received any RFE yet though my date is current since April 2021. Medicals were submitted Jan 2019. My take away from this is that the GC assignment is randomized and not based on PD necessarily and could vary from Service Center to Service Center?

[Zenzone]

Any folks with their 485 file currently at the Boston Field Office?

[sling10]

Hello -

A newbie question. What is the field office that everyone refers to ? For eg: I live in Illinois and if I understand correctly, I will be filing the 485 at the USCIS Chicago Lockbox, correct ? Is that the field office or something else?

Thanks.

[android09]

Hello -

A newbie question. What is the field office that everyone refers to ? For eg: I live in Illinois and if I understand correctly, I will be filing the 485 at the USCIS Chicago Lockbox, correct ? Is that the field office or something else?

Thanks.


Hello sling10, welcome to the party. When you apply for I-485, you will send your application I believe to the Phoenix lockbox or the Dallas lockbox depending on where you live. In certain cases, it may be the Chicago lockbox. Im not sure on which cases. However, these lockboxes are basically front office sites perhaps manned by contractors. They receive your documents, do a preliminary scan of everything sent and send your case to a service center for processing. The 485 receipt will tell you where your case is...if its the National Benefits Center, Texas Service Center, Nebraska Service Center, California Service Center etc. When your case is ready to be adjudicated, from what we understand, the case is electronically sent to the USCIS Field Office(FO) of the state you are in. In your case, that would the Chicago Field Office (Not the lockbox). The officer in charge of your case, reviews it and makes a determination if the case is directly approvable or a further interview is needed etc. If an interview date is set, then the Service center physically mails the case file to the officer at the Field Office. Hope this is clearer.

[sling10]

Hello sling10, welcome to the party. When you apply for I-485, you will send your application I believe to the Phoenix lockbox or the Dallas lockbox depending on where you live. In certain cases, it may be the Chicago lockbox. Im not sure on which cases. However, these lockboxes are basically front office sites perhaps manned by contractors. They receive your documents, do a preliminary scan of everything sent and send your case to a service center for processing. The 485 receipt will tell you where your case is...if its the National Benefits Center, Texas Service Center, Nebraska Service Center, California Service Center etc. When your case is ready to be adjudicated, from what we understand, the case is electronically sent to the USCIS Field Office(FO) of the state you are in. In your case, that would the Chicago Field Office (Not the lockbox). The officer in charge of your case, reviews it and makes a determination if the case is directly approvable or a further interview is needed etc. If an interview date is set, then the Service center physically mails the case file to the officer at the Field Office. Hope this is clearer.

Yes, very clear. Thanks android09 ! The following is mentioned on the Direct Filing Addresses for Form I-485 page :

File your form at the USCIS Chicago Lockbox if you live in:

Illinois;
Iowa;
Maine;
New Hampshire;
New Jersey;
New York;
Rhode Island;
Vermont; or
West Virginia

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
P.O. Box 805371
Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS
Attn: NFB AOS
131 South Dearborn - 3rd Floor
Chicago, IL 60603

[gammaray]

Yes, very clear. Thanks android09 ! The following is mentioned on the Direct Filing Addresses for Form I-485 page :

File your form at the USCIS Chicago Lockbox if you live in:

Illinois;
Iowa;
Maine;
New Hampshire;
New Jersey;
New York;
Rhode Island;
Vermont; or
West Virginia

USCIS Chicago Lockbox

U.S. Postal Service (USPS):

USCIS
P.O. Box 805371
Chicago, IL 60680

FedEx, UPS, and DHL deliveries:

USCIS
Attn: NFB AOS
131 South Dearborn - 3rd Floor
Chicago, IL 60603

Did you miss the "If you are filing" column on the website?

Chicago lockbox is only applicable if you are:

spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with either an approved Form I-130 or you are filing Form I-485 together with Form I-130;
A beneficiary of an approved Form I-130 filed by a qualifying relative;
A spouse or child of an immigrant who has applied for adjustment of status or has been granted lawful permanent residence through a family sponsored visa category that allows derivative status for spouses and children;
A K-1 fiance (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiance;
.............................. and so forth...

Its Texas or Phoenix lockbox for all other I-485 cases. And Nebraska Service center if concurrent I-140/I-485 with premium processing for I-140.

[sling10]

Did you miss the "If you are filing" column on the website?

Chicago lockbox is only applicable if you are:

spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with either an approved Form I-130 or you are filing Form I-485 together with Form I-130;
A beneficiary of an approved Form I-130 filed by a qualifying relative;
A spouse or child of an immigrant who has applied for adjustment of status or has been granted lawful permanent residence through a family sponsored visa category that allows derivative status for spouses and children;
A K-1 fiance (and K-2 dependents) whose Form I-485 is based on an approved Form I-129F, Petition for Alien Fiance;
.............................. and so forth...

Its Texas or Phoenix lockbox for all other I-485 cases. And Nebraska Service center if concurrent I-140/I-485 with premium processing for I-140.

Thanks for pointing that out too. Just confirming, I have an approved I-140 in EB2 and live in Illinois. So, I should file at the USCIS Chicago Lockbox, correct ?

[rocketfast]

Any folks with their 485 file currently at the Boston Field Office?

There are a few in the spreadsheet for EB2 July 2021 current.
https://docs.google.com/spreadsheets/d/1YOWgavH9QI_8wjEUaEtGLDQ0vSI_Ub8kupFyEA7UgQ8/edit#gid=694834614

[rsnake]

Its Texas or Phoenix lockbox for all other I-485 cases. And Nebraska Service center if concurrent I-140/I-485 with premium processing for I-140.


Thanks for pointing that out too. Just confirming, I have an approved I-140 in EB2 and live in Illinois. So, I should file at the USCIS Chicago Lockbox, correct ?

Looks like they changed it in this Jan for certain states and now there are 3 lockboxes instead of two last year, so USCIS Chicago lockbox does seem to be the right one now if you live in Illinois for filing I485 based on "A pending or approved Form I-140".

https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status

[Djidondon]

Hello

Can anybody share some information on this, in the recent interview with Charlie he said he would not have clear visibility on EB2I to EB3I downgrades, where he will only know the count for approved I-140s among the recent downgrades from NVC, and he rely on that approval rate. Does this mean, he would not have visibility on the demand for EB3I for FY2022 as of now only 10-15% of downgrades I-140 was only approved so far ( my assumption ) and he might move the EB3I filling dates forward until Dec 2016 or beyond that with huge SO coming as most of the I-140s are still pending for downgrade applicants and they are counted under EB2I until I-140 is approved. Thank you

[beagle]

Hello

Can anybody share some information on this, in the recent interview with Charlie he said he would not have clear visibility on EB2I to EB3I downgrades, where he will only know the count for approved I-140s among the recent downgrades from NVC, and he rely on that approval rate. Does this mean, he would not have visibility on the demand for EB3I for FY2022 as of now only 10-15% of downgrades I-140 was only approved so far ( my assumption ) and he might move the EB3I filling dates forward until Dec 2016 or beyond that with huge SO coming as most of the I-140s are still pending for downgrade applicants and they are counted under EB2I until I-140 is approved. Thank you

Oct 2020:
Charlie considered the existing inventory of EB2 and EB3 and then advanced the DoF. Also he made a big assumption Visa wastage = 0% from the SpillOver (SO) when moving the DoF. But it enabled many of us to file for AOS and gain the AOS + 180 days status. Also, by advancing the DoF USCIS made $$ to fill up their coffers.

Oct 2021:
Charlie has to do the same thing and consider the existing inventory of EB2 and EB3. Because of the SO wastage in 2020, the inventory might not have decreased by that much. So 2020 filers will go for a second dipping in the next fiscal SO as well. This wastage will prevent Charlie from moving the dates aggressively like he did in 2020. So what is wastage % ? I don't know and we will know after Charlie releases the Oct 2021 visa bulletin.

We also have to factor in yet another complication - EB2 to EB3 downgrades. Charlie said that until an EB2 downgrade is approved he will treat it as an EB2 application. So by not factoring in the downgraders as EB3, Charlie will move EB3 at a rate greater than EB2 rate. This might further widen the gap between EB3 and EB2. This again will result it in more downgraders to avail the AOS + 180 status.

So in short, 2021 DoF movement will not be aggressive as last time as Charlie will have accurate wastage % of 2020 Spill Over. Then he will play dumb when it comes to calculating the 2020 EB2 -> EB3 downgrader % and will go by what is approved by then. So EB2 and EB3 DoF movement in 2021 will be -ve impacted by the wastage %. And, EB3 DoF movement will be +ve impacted by the slow processing of 2020 downgrade applications as it creates the perception that EB3 demand is low. But this is going to create so much chaos after all this SO dust settles down. So many of us will have EAD/AP and we will go back to our usual decade long wait times for the GC.

I hope and pray somehow USCIS cranks up the pace to adjudicate as many applications as possible by Oct 2021 and approve the EB2->EB3 I-140 in a timely manner. Then Charlie will have an accurate EB2 and EB3 demand enabling more realistic DoF movement in Oct 2021.

[Zenzone]

There are a few in the spreadsheet for EB2 July 2021 current.
https://docs.google.com/spreadsheets/d/1YOWgavH9QI_8wjEUaEtGLDQ0vSI_Ub8kupFyEA7UgQ8/edit#gid=694834614

Thanks for sharing.

[Zenzone]

Oct 2020:
Charlie considered the existing inventory of EB2 and EB3 and then advanced the DoF. Also he made a big assumption Visa wastage = 0% from the SpillOver (SO) when moving the DoF. But it enabled many of us to file for AOS and gain the AOS + 180 days status. Also, by advancing the DoF USCIS made $$ to fill up their coffers.

Oct 2021:
Charlie has to do the same thing and consider the existing inventory of EB2 and EB3. Because of the SO wastage in 2020, the inventory might not have decreased by that much. So 2020 filers will go for a second dipping in the next fiscal SO as well. This wastage will prevent Charlie from moving the dates aggressively like he did in 2020. So what is wastage % ? I don't know and we will know after Charlie releases the Oct 2021 visa bulletin.

We also have to factor in yet another complication - EB2 to EB3 downgrades. Charlie said that until an EB2 downgrade is approved he will treat it as an EB2 application. So by not factoring in the downgraders as EB3, Charlie will move EB3 at a rate greater than EB2 rate. This might further widen the gap between EB3 and EB2. This again will result it in more downgraders to avail the AOS + 180 status.

So in short, 2021 DoF movement will not be aggressive as last time as Charlie will have accurate wastage % of 2020 Spill Over. Then he will play dumb when it comes to calculating the 2020 EB2 -> EB3 downgrader % and will go by what is approved by then. So EB2 and EB3 DoF movement in 2021 will be -ve impacted by the wastage %. And, EB3 DoF movement will be +ve impacted by the slow processing of 2020 downgrade applications as it creates the perception that EB3 demand is low. But this is going to create so much chaos after all this SO dust settles down. So many of us will have EAD/AP and we will go back to our usual decade long wait times for the GC.

I hope and pray somehow USCIS cranks up the pace to adjudicate as many applications as possible by Oct 2021 and approve the EB2->EB3 I-140 in a timely manner. Then Charlie will have an accurate EB2 and EB3 demand enabling more realistic DoF movement in Oct 2021.

Good logical explanation. Somehow, I'm seeing more approvals come through since June (based on trackitt and anecdotal evidence). While there will be wastage for sure, I positively hope the % wasted is within a reasonable range.

[Noesis]

One of my friend got the GC approved in 8 days of being current, PD is October 2012.! Some encouraging news but also a proof that the approvals are random and PD/RD/ND isn't being followed..

[Zenzone]

One of my friend got the GC approved in 8 days of being current, PD is October 2012.! Some encouraging news but also a proof that the approvals are random and PD/RD/ND isn't being followed..

There is evidence that USCIS SCs are going by the Notice Date and once the case goes to an FO its a different ball game altogether. If the FO issues RFE and you respond fast enough, those cases seem to move through faster in a FO.

[Djidondon]

Oct 2020:
Charlie considered the existing inventory of EB2 and EB3 and then advanced the DoF. Also he made a big assumption Visa wastage = 0% from the SpillOver (SO) when moving the DoF. But it enabled many of us to file for AOS and gain the AOS + 180 days status. Also, by advancing the DoF USCIS made $$ to fill up their coffers.

Oct 2021:
Charlie has to do the same thing and consider the existing inventory of EB2 and EB3. Because of the SO wastage in 2020, the inventory might not have decreased by that much. So 2020 filers will go for a second dipping in the next fiscal SO as well. This wastage will prevent Charlie from moving the dates aggressively like he did in 2020. So what is wastage % ? I don't know and we will know after Charlie releases the Oct 2021 visa bulletin.

We also have to factor in yet another complication - EB2 to EB3 downgrades. Charlie said that until an EB2 downgrade is approved he will treat it as an EB2 application. So by not factoring in the downgraders as EB3, Charlie will move EB3 at a rate greater than EB2 rate. This might further widen the gap between EB3 and EB2. This again will result it in more downgraders to avail the AOS + 180 status.

So in short, 2021 DoF movement will not be aggressive as last time as Charlie will have accurate wastage % of 2020 Spill Over. Then he will play dumb when it comes to calculating the 2020 EB2 -> EB3 downgrader % and will go by what is approved by then. So EB2 and EB3 DoF movement in 2021 will be -ve impacted by the wastage %. And, EB3 DoF movement will be +ve impacted by the slow processing of 2020 downgrade applications as it creates the perception that EB3 demand is low. But this is going to create so much chaos after all this SO dust settles down. So many of us will have EAD/AP and we will go back to our usual decade long wait times for the GC.

I hope and pray somehow USCIS cranks up the pace to adjudicate as many applications as possible by Oct 2021 and approve the EB2->EB3 I-140 in a timely manner. Then Charlie will have an accurate EB2 and EB3 demand enabling more realistic DoF movement in Oct 2021.

Very logical explanation with in depth analysis. I-140 approval is taking 12-24 months on average for downgrade applicants and USCIS is not allowing premium. I think CO might not rely on assumptions and would just go with available data on approved I-140s downgrade petitions from NVC as per law. This will move the DOF for EB3-I aggressively because the inventory he gets from NVC would only show the approved I-140s which are very low due to USCIS processing delays. By any chance can you roughly estimate the DOF for EB3I Oct 2021 VB? I have a job offer and I?m very hesitant to take it as my PD is November 2016 and I?m thinking not to miss the opportunity to file AOS if my Priority Date is present in DOF EB3I

[RVSree]

After the primary applicant PD becomes current and his/her AOS case moves to a FO, what would be the process and timelines for the cases that are documentarily qualified and doesn't require any RFEs.

[android09]

After the primary applicant PD becomes current and his/her AOS case moves to a FO, what would be the process and timelines for the cases that are documentarily qualified and doesn't require any RFEs.

That depends on how busy that particular field office is. Some element of luck involved here.

[greenjpr]

I got RFE for medical. Submitted in may 27. Still waiting for updates ( PD June 2010 Eb2I …. Got EAD in March 2021). So RFE means nothing..

Just go with the flow and ready to be patient. It will happen whenever it will happen.

[idliman]

I got RFE for medical. Submitted in may 27. Still waiting for updates ( PD June 2010 Eb2I ?. Got EAD in March 2021). So RFE means nothing..

Just go with the flow and ready to be patient. It will happen whenever it will happen.
Eventhough it is painful, all you can do now is to wait for approval. The CPO comes anywhere from 3 days to 3 months after RFE has been submitted.

[Mgajsk]

Hello sling10, welcome to the party. When you apply for I-485, you will send your application I believe to the Phoenix lockbox or the Dallas lockbox depending on where you live. In certain cases, it may be the Chicago lockbox. Im not sure on which cases. However, these lockboxes are basically front office sites perhaps manned by contractors. They receive your documents, do a preliminary scan of everything sent and send your case to a service center for processing. The 485 receipt will tell you where your case is...if its the National Benefits Center, Texas Service Center, Nebraska Service Center, California Service Center etc. When your case is ready to be adjudicated, from what we understand, the case is electronically sent to the USCIS Field Office(FO) of the state you are in. In your case, that would the Chicago Field Office (Not the lockbox). The officer in charge of your case, reviews it and makes a determination if the case is directly approvable or a further interview is needed etc. If an interview date is set, then the Service center physically mails the case file to the officer at the Field Office. Hope this is clearer.


Is there a consistent way to see if you case has been sent to a field office or planning to send to a field office? My FO processing time for EB 485 cases is 11.5 months to 33 months. Does that mean the FO will take atleast 11.5 months to process the 485 application once they receive it from NBC?

[krnashvom8]

Is there a consistent way to see if you case has been sent to a field office or planning to send to a field office? My FO processing time for EB 485 cases is 11.5 months to 33 months. Does that mean the FO will take atleast 11.5 months to process the 485 application once they receive it from NBC?

The 11 to 33 months (for your FO) is the time from the Receipt Date (RD). That's what USCIS calls as the 'normal' processing time and if that's outside of that time (meaning your RD is past 33 months) then you can raise a SR.

[dosaman]

Is there a consistent way to see if you case has been sent to a field office or planning to send to a field office? My FO processing time for EB 485 cases is 11.5 months to 33 months. Does that mean the FO will take atleast 11.5 months to process the 485 application once they receive it from NBC?

Right now the only way to find out is by chatting with a live agent through Emma chat service. They will tell you if the application has been transferred and if so the field office to where it was transferred. You can also ask them the date when was transferred.

[abcx13]

Right now the only way to find out is by chatting with a live agent through Emma chat service. They will tell you if the application has been transferred and if so the field office to where it was transferred. You can also ask them the date when was transferred.

And you will get a different answer every time you ask!

[newyorker123]

Can someone incorporate a company "and" work for it with an I485 EAD (6 months passed since I485 was applied) ? Alone, or with partners.
Anyone here aware of this scenario, or know someone who did this ?
Hearing differing opinions, hence wanted to confirm.

P.S.: I think the answer is Yes, but want to know if there can be problems getting GC.
Assume, company is legit, and has funds to pay employee prevailing wages.

[qesehmk]

Can someone incorporate a company "and" work for it with an I485 EAD (6 months passed since I485 was applied) ? Alone, or with partners.
Anyone here aware of this scenario, or know someone who did this ?
Hearing differing opinions, hence wanted to confirm.

P.S.: I think the answer is Yes, but want to know if there can be problems getting GC.
Assume, company is legit, and has funds to pay employee prevailing wages.


I am 100% sure the answer is yes regardless of when 485 is filed. If you have unrestricted EAD then you can work for anybody. Period.

[newyorker123]

I am 100% sure the answer is yes regardless of when 485 is filed. If you have unrestricted EAD then you can work for anybody. Period.

Thanks, what could be the possible implications on getting a Green card for such an entrepreneur ? Thats where things get grey I believe.

[dec2010]

Right now the only way to find out is by chatting with a live agent through Emma chat service. They will tell you if the application has been transferred and if so the field office to where it was transferred. You can also ask them the date when was transferred.

How do i get to live agent ? is there any sequence of questions?

[qesehmk]

Thanks, what could be the possible implications on getting a Green card for such an entrepreneur ? Thats where things get grey I believe.
If we call your GC as future job #1, H1 as current job #2, and any entrepreneurship as current job #3 - they all are totally independent. I can't think of a reason why your #1 should be affected by #3. #1 can only be affected on its own merits or demerits.

[dosaman]

How do i get to live agent ? is there any sequence of questions?

I typed in "Live Agent". It then gave me a list of options from which I chose "Greencard". After that I had to wait for about 20 minutes to get connected to a live agent.

[FlowerPot]

And you will get a different answer every time you ask!

Yes, thats one bizarre thing I am unable comprehend. I would think only few really looks into the case detail and shares up-to-date info thats sharable and the remaining (most) just doesnt care (as they are bombarded by so many similar chats a day) and casually looks at the case and answers.

[andhraguy]

How do i get to live agent ? is there any sequence of questions?

while charting with emma just keep typing "technical difficulties" few times, you will be directly connected to live agent.

[andhraguy]

There are a few in the spreadsheet for EB2 July 2021 current.
https://docs.google.com/spreadsheets/d/1YOWgavH9QI_8wjEUaEtGLDQ0vSI_Ub8kupFyEA7UgQ8/edit#gid=694834614

@rocketfast , Do you see any spreadsheet for EB3 ? Could you share ?

[idliman]

Discussions about potential spillover killer law that is in the works (Rep. Grace Meng's amendment) are in a Bills, Rules & Politics (https://www.qesehmk.org/forums/showthread.php/2696-Bills-Rules-amp-Politics?p=83631&viewfull=1#post83631) thread.

[iamdeb]

My I-485 application was sent via Fedex to following address. Is it the correct address for Georgia resident?

Attn: NFB AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067

can we send the I-485 application directly to NBC instead of sending it to Texas Service Center where there is a huge backlog...

[montyp80]

August VB 2021 out

FAD
EB 2 01 Jun 2011
EB 3 01 Jul 2013

DOF
EB 2 01 Dec 2011
EB 3 01 Feb 2014

---------------------
July 2021
EB 2 01 Jun 2011
EB 3 01 Jan 2013

[LightAtEndOfTunnel]

August VB 2021 out

FAD
EB 2 01 Jun 2011
EB 3 01 Jul 2013

DOF
EB 2 01 Dec 2011
EB 3 01 Feb 2014

---------------------
July 2021
EB 2 01 Jun 2011
EB 3 01 Jan 2013

I don't understand what's the point in advancing these dates when USCIS can't process visa applications in time. Someone asked the same question to Charlie in last live-chat and he dodged it.

[qesehmk]

I don't understand what's the point in advancing these dates when USCIS can't process visa applications in time. Someone asked the same question to Charlie in last live-chat and he dodged it.

Unfortunately it is all about USCIS being able to charge you and pay its employees and vendors from fees generated by YOU - the immigrant.

USCIS is a user funded organization. They derive their budget from fees levied upon immigrants.

[may2011]

Unfortunately it is all about USCIS being able to charge you and pay its employees and vendors from fees generated by YOU - the immigrant.

USCIS is a user funded organization. They derive their budget from fees levied upon immigrants.

Well said! Advancing dates and not processing them is like rubbing salt on peoples wounds.

[abcx13]

I don't understand what's the point in advancing these dates when USCIS can't process visa applications in time. Someone asked the same question to Charlie in last live-chat and he dodged it.

It's good for some people. Freezes their kids' age.

[Djidondon]

Any idea what would be my chances for Nov 2016 EB3I DOF for October 2021 visa bulletin.

Can anybody share some information on this, in the recent interview with Charlie he said he would not have clear visibility on EB2I to EB3I downgrades, where he will only know the count for approved I-140s among the recent downgrades from NVC, and he rely on that approval rate. Does this mean, he would not have visibility on the demand for EB3I for FY2022 as of now only 10-15% of downgrades I-140 was only approved so far ( my assumption ) and he might move the EB3I filling dates forward until Dec 2016 or beyond that with huge SO coming as most of the I-140s are still pending for downgrade applicants and they are counted under EB2I until I-140 is approved. Thank you

[Transformer]

Well said! Advancing dates and not processing them is like rubbing salt on peoples wounds.

It's life saver for people with aging out kids.

[cancer24]

It's life saver for people with aging out kids.

Indeed this is so true for me. Child will be aging out in a less than a year and my FAD became current on July 1st. One year ago I would not have imagined where I?m today. No GC/EAD/AP yet but have been sleeping little better

[insane.yogi]

Hello - My priority date is Oct 2011 in EB2 and am current in FAD EB3 since last month. Is there any benefit in downgrading now to apply in EB3? Dont expect much progress in Sept bulletin. Also, looking to avoid the mad rush in Oct. looking forward to your opinions. Thanks.

[Zenzone]

Hello - My priority date is Oct 2011 in EB2 and am current in FAD EB3 since last month. Is there any benefit in downgrading now to apply in EB3? Dont expect much progress in Sept bulletin. Also, looking to avoid the mad rush in Oct. looking forward to your opinions. Thanks.

If I were you, I will stay put given potential regulatory changes that might affect the FB SO as well as opportunities to get the vertical SO from EB1 into EB2 in the next fiscal. Also, demand destruction in EB2 post May 2011 through Oct 2011 has to be significant given the expected # of ppl. who would have downgraded to file last October. That's also a factor.

[MidWestMaverick]

I am in a similar situation - PD of Aug-2012 and PERM process just started at current employer. EB3 will provide EAD, but I suspect there will be retrogression in a year or two, considering the massive jump and eventual opening up of consulates. EB2 is slow, but i am not sure if it will suffer retrogression(?). Would appreciate input about which EB queue (2 or 3) is better for candidates like me.

[Zenzone]

I am in a similar situation - PD of Aug-2012 and PERM process just started at current employer. EB3 will provide EAD, but I suspect there will be retrogression in a year or two, considering the massive jump and eventual opening up of consulates. EB2 is slow, but i am not sure if it will suffer retrogression(?). Would appreciate input about which EB queue (2 or 3) is better for candidates like me.

IMO, EB3 will get you a faster EAD/AP but EB2 may get you the actual card sooner. So its a trade-off on what you want the most.

[MidWestMaverick]

Thanks @Zenzone! That is exactly the dilemma - maybe a bit more patience is needed on my part.

[Zenzone]

Thanks @Zenzone! That is exactly the dilemma - maybe a bit more patience is needed on my part.

You are welcome! I understand these are tough trade-offs and there are no right or wrong answers. Good Luck!

[ImmiGiveMe]

Looks like the ratio of NBC approvals vs other centers has increased substantially in Q3 (July) compared to previous quarter months.. Its a good sign, but any idea why?

[sling10]

I was hoping to file 485 before Oct considering the previous months movements and the predictions provided all over. But, after looking at the Aug bulletin, looks like EB2 FAD will not move any further this fiscal and I will have to wait till Oct.

I am trying to get a heads up on the medicals. Does anyone know if I can start the process with the civil surgeon now, but, the civil surgeon does not sign the form right away as I want to stay within 60 days of when i file the 485 in Oct ? Say, take the appointment now but the civil surgeon signs the form in Aug end ?

[vsivarama]

Hello - My priority date is Oct 2011 in EB2 and am current in FAD EB3 since last month. Is there any benefit in downgrading now to apply in EB3? Dont expect much progress in Sept bulletin. Also, looking to avoid the mad rush in Oct. looking forward to your opinions. Thanks.

If I were in your shoes, I would downgrade. Or at least try and get my i140 approved in EB3 and will move to file AOS if VB is moving against me. There is an expectation that there will be massive retrogression in EB3 once the music stops. There will be a retrogression for sure. But IMO people within a year of May 15, 2011 (i.e. till May 15, 2012) should be in a safer zone. They may get their GC sooner or about the same time as EB2 folks (provided your i140 is approved at the earliest). There probably are very little downgrades till May 15, 2011. I will keep the numbers to less than 20% of the original EB2 filers. Plus those downgrades probably happened in Oct, Nov and Dec. No one with those dates is going to attempt to downgrade today. The I140 numbers in 2010 and 2011 are 6682 and 6929. Downgrades will mainly come into picture post May, 2011 and even then it's about 40% of the people who downgraded based on the available data points. As the PDs approach 2013 and 2014 we run into the situation where you may get EADs faster in EB3 but GCs sooner in EB2 if you downgraded today. If the new amendment does NOT pass, which is kind of my opinion at this time then there will be spillover from FB to EB in FY2023 as well. It may not be in the range of 150K, but I expect it to be in the range of 50-80K. For the spillover not to happen the entire Globe needs to go back to pre-pandemic levels by Dec 2021. This way even if a quarter is affected then DOS can cover the slack in the next 3 quarters. However if 2 quarters are affected (i.e. we do not get back to pre pandemic levels by March 2022) which is highly likely according to me, there is no way DOS can cover those numbers in the time remaining. Compare that to EB applications, for USCIS times to improve only US needs to go back to pre-pandemic levels. ROW does not affect AOS processing times.

[vsivarama]

I was hoping to file 485 before Oct considering the previous months movements and the predictions provided all over. But, after looking at the Aug bulletin, looks like EB2 FAD will not move any further this fiscal and I will have to wait till Oct.

I am trying to get a heads up on the medicals. Does anyone know if I can start the process with the civil surgeon now, but, the civil surgeon does not sign the form right away as I want to stay within 60 days of when i file the 485 in Oct ? Say, take the appointment now but the civil surgeon signs the form in Aug end ?

Why don't you take an appointment in September if you know you won't be able to file your AOS application in August? What do you gain by taking an appointment now?

[getsaby]

It all depends on the surgeon, you can enquire with the office directly, once the surgeon signs the form you have to send it to USCIS within 60 days, else it become INVALID. I have heard some surgeon charges extra fee and sign the form with new dates too.

[sling10]

Why don't you take an appointment in September if you know you won't be able to file your AOS application in August? What do you gain by taking an appointment now?

I am just trying to avoid the mad rush there will be post the release of the October bulletin in September. I don't want to end up in a situation where in I do not get an appointment for 2-3 weeks. I want to try and submit the application in the 1st week of October.

[sling10]

It all depends on the surgeon, you can enquire with the office directly, once the surgeon signs the form you have to send it to USCIS within 60 days, else it become INVALID. I have heard some surgeon charges extra fee and sign the form with new dates too.

Ok, will do that !

[vsivarama]

I am just trying to avoid the mad rush there will be post the release of the October bulletin in September. I don't want to end up in a situation where in I do not get an appointment for 2-3 weeks. I want to try and submit the application in the 1st week of October.

I meant you can take an appointment now for a date in September, I get the fact that you do not want to run into the traffic in September.

[sling10]

I meant you can take an appointment now for a date in September, I get the fact that you do not want to run into the traffic in September.

Ok, that works too.

[krisswaves]

Hello - My priority date is Oct 2011 in EB2 and am current in FAD EB3 since last month. Is there any benefit in downgrading now to apply in EB3? Dont expect much progress in Sept bulletin. Also, looking to avoid the mad rush in Oct. looking forward to your opinions. Thanks.

I am in the same situation - PD Aug-2011 in EB2, will have to wait until Oct21 bulletin and decide, with all potential SO changes/retrogression, i am hoping i will be still eligible to apply for 485 either in EB2 or EB3 with downgrade.

[sling10]

I am in the same situation - PD Aug-2011 in EB2, will have to wait until Oct21 bulletin and decide, with all potential SO changes/retrogression, i am hoping i will be still eligible to apply for 485 either in EB2 or EB3 with downgrade.

My PD is Nov 4th 2011 EB2 and I cannot downgrade because my employer did not allow that in Oct 2020. But, If you are thinking about downgrading, shouldn't you be starting the downgrade process right now rather than waiting till the Oct bulletin is out ?

[Zenzone]

I am in the same situation - PD Aug-2011 in EB2, will have to wait until Oct21 bulletin and decide, with all potential SO changes/retrogression, i am hoping i will be still eligible to apply for 485 either in EB2 or EB3 with downgrade.

Regardless of what happens with any proposed SO change, I would estimate that you should be current for filing in October.

[rohanvus]

Regardless of what happens with any proposed SO change, I would estimate that you should be current for filing in October.

Mine is Dec 2,2011 . Struggling with EB3 downgrade , so only hope is filing under EB2
Do you see EB2 FAD move in 2022 to cover Dec 2011 ? I dont think USCIS will honor DOF

[sling10]

Mine is Dec 2,2011 . Struggling with EB3 downgrade , so only hope is filing under EB2
Do you see EB2 FAD move in 2022 to cover Dec 2011 ? I dont think USCIS will honor DOF

Don't they honor the DOF dates at the start of the fiscal year for the first couple of months ? And only move the DOF dates ahead in October, so you date of Dec 2,2011 should be covered.

[rohanvus]

Don't they honor the DOF dates at the start of the fiscal year for the first couple of months ?

Last year they did but will they do so again ,no idea . Infact it seems USCIS has been rejecting DOF for many years and only last year (for few months) they accepted it . I could be wrong here , but DOF is something that USCIS tends to ignore most of the time

[Djidondon]

Don't they honor the DOF dates at the start of the fiscal year for the first couple of months ? And only move the DOF dates ahead in October, so you date of Dec 2,2011 should be covered.

How will DOS & USCIS deal with moving DOF for EB3I and EB2I when downgrade applicants having I-140 approved in EB3I as well. Does that cause confusion in moving DOF dates for DOS because applicants now have their I-140s in both EB2I and EB3I together. Any idea how will DOS deal with
It?

[insane.yogi]

If I were in your shoes, I would downgrade. Or at least try and get my i140 approved in EB3 and will move to file AOS if VB is moving against me. There is an expectation that there will be massive retrogression in EB3 once the music stops. There will be a retrogression for sure. But IMO people within a year of May 15, 2011 (i.e. till May 15, 2012) should be in a safer zone. They may get their GC sooner or about the same time as EB2 folks (provided your i140 is approved at the earliest). There probably are very little downgrades till May 15, 2011. I will keep the numbers to less than 20% of the original EB2 filers. Plus those downgrades probably happened in Oct, Nov and Dec. No one with those dates is going to attempt to downgrade today. The I140 numbers in 2010 and 2011 are 6682 and 6929. Downgrades will mainly come into picture post May, 2011 and even then it's about 40% of the people who downgraded based on the available data points. As the PDs approach 2013 and 2014 we run into the situation where you may get EADs faster in EB3 but GCs sooner in EB2 if you downgraded today. If the new amendment does NOT pass, which is kind of my opinion at this time then there will be spillover from FB to EB in FY2023 as well. It may not be in the range of 150K, but I expect it to be in the range of 50-80K. For the spillover not to happen the entire Globe needs to go back to pre-pandemic levels by Dec 2021. This way even if a quarter is affected then DOS can cover the slack in the next 3 quarters. However if 2 quarters are affected (i.e. we do not get back to pre pandemic levels by March 2022) which is highly likely according to me, there is no way DOS can cover those numbers in the time remaining. Compare that to EB applications, for USCIS times to improve only US needs to go back to pre-pandemic levels. ROW does not affect AOS processing times.

Thanks for your reply! honestly thats where my thought process is going i.e. to file in 485 as soon as possible and get a foot in the door.

[idliman]

How will DOS & USCIS deal with moving DOF for EB3I and EB2I when downgrade applicants having I-140 approved in EB3I as well. Does that cause confusion in moving DOF dates for DOS because applicants now have their I-140s in both EB2I and EB3I together. Any idea how will DOS deal with
It?
This may be against logic. I have spent many years trying to figure out immigration and losing my hair. The uncertainty and chaos works very well in favor of backlogged Indians. The EB3 dates are still moving because USCIS has not processed enough I-140 downgrades to provide input to CO. Once enough I-140 forms are approved, they will figure out exactly how many are in EB3 and EB2. Then the dates will stop moving that aggressively. In this case, EB3 is benefitting. Had the USCIS not created the dual dates during Pres. BO, everyone will be FA current now. There are simply not enough GCs to feed the backlog. They have to take it from one group to feed the other.

The whole pandemic has created a good opportunity to prevent ageing out of some kids. Even if they don?t approve GCs, moving the FA dates forward benefits some parents and kids. Even though there is law and rule book, DOS has enough wiggle room to claim that they are following the law. So don?t think too much about what they will do. When a pro-immigrant admin is in power, DOS / CO will most likely interpret law and make VB bulletins in favor of immigrants. Had the anti-immigrant admin continued to stay in power, CO would have provided enough reasons for why VB movements are not happening or slowly happening.

So make hay while the sun is shining.

[sling10]

This may be against logic. I have spent many years trying to figure out immigration and losing my hair. The uncertainty and chaos works very well in favor of backlogged Indians. The EB3 dates are still moving because USCIS has not processed enough I-140 downgrades to provide input to CO. Once enough I-140 forms are approved, they will figure out exactly how many are in EB3 and EB2. Then the dates will stop moving that aggressively. In this case, EB3 is benefitting. Had the USCIS not created the dual dates during Pres. BO, everyone will be FA current now. There are simply not enough GCs to feed the backlog. They have to take it from one group to feed the other.

The whole pandemic has created a good opportunity to prevent ageing out of some kids. Even if they don?t approve GCs, moving the FA dates forward benefits some parents and kids. Even though there is law and rule book, DOS has enough wiggle room to claim that they are following the law. So don?t think too much about what they will do. When a pro-immigrant admin is in power, DOS / CO will most likely interpret law and make VB bulletins in favor of immigrants. Had the anti-immigrant admin continued to stay in power, CO would have provided enough reasons for why VB movements are not happening or slowly happening.

So make hay while the sun is shining.

Idliman - Do you feel that the FAD for EB2 will be stuck on June 1 2011 for some time now even after the October visa bulletin ? I mean, the DOF will move but not the FAD for EB2 ?

With everything that's happening, will I at least be able to file 485 in October with a PD of Nov 4 2011 - EB2 ?

[Djidondon]

This may be against logic. I have spent many years trying to figure out immigration and losing my hair. The uncertainty and chaos works very well in favor of backlogged Indians. The EB3 dates are still moving because USCIS has not processed enough I-140 downgrades to provide input to CO. Once enough I-140 forms are approved, they will figure out exactly how many are in EB3 and EB2. Then the dates will stop moving that aggressively. In this case, EB3 is benefitting. Had the USCIS not created the dual dates during Pres. BO, everyone will be FA current now. There are simply not enough GCs to feed the backlog. They have to take it from one group to feed the other.

The whole pandemic has created a good opportunity to prevent ageing out of some kids. Even if they don?t approve GCs, moving the FA dates forward benefits some parents and kids. Even though there is law and rule book, DOS has enough wiggle room to claim that they are following the law. So don?t think too much about what they will do. When a pro-immigrant admin is in power, DOS / CO will most likely interpret law and make VB bulletins in favor of immigrants. Had the anti-immigrant admin continued to stay in power, CO would have provided enough reasons for why VB movements are not happening or slowly happening.

So make hay while the sun is shining.

Idliman,
Good that you have some hair, I?m now balding though my PD is Nov 2016 and desperately waiting to see if my PD to become current in DOF chart for Oct 2021 VB so that I can file AOS and live rest of the life with GC EAD. Do you see any chances that to happen as the I-140 downgrade approvals are very now as of now.

[Zenzone]

Idliman,
Good that you have some hair, I?m now balding though my PD is Nov 2016 and desperately waiting to see if my PD to become current in DOF chart for Oct 2021 VB so that I can file AOS and live rest of the life with GC EAD. Do you see any chances that to happen as the I-140 downgrade approvals are very now as of now.

IMO, Nov 2016 PD is a tall ask for filing either in EB2 or EB3 come this Oct. I know its not something you would like to hear.

[Djidondon]

IMO, Nov 2016 PD is a tall ask for filing either in EB2 or EB3 come this Oct. I know its not something you would like to hear.

Is that because spillover visa numbers have to be preserved for all the people whoever applied for the I-485 by now ? is that a defined law that has to be followed and does that impact the DOF movement for EB3I ?
or does spill over numbers have to be only preserved for the applicants who are documentarily qualified to get the GC and that they are current by now?

[Zenzone]

Is that because spillover visa numbers have to be preserved for all the people whoever applied for the I-485 by now ? is that a defined law that has to be followed and does that impact the DOF movement for EB3I ?
or does spill over numbers have to be only preserved for the applicants who are documentarily qualified to get the GC and that they are current by now?

Yes. Part of the consideration is demand vs. supply, however, if the current SO law applies (which I expect to be) and the downgrade demand has not yet materialized you might see the DOF reaching late 2015 for EB3 in OCT'21, IMO. Whether such PDs will actually get the GC by the end of next fiscal is an altogether a different ask and I would say its pretty improbable.

[rohanvus]

Yes. Part of the consideration is demand vs. supply, however, if the current SO law applies (which I expect to be) and the downgrade demand has not yet materialized you might see the DOF reaching late 2015 for EB3 in OCT'21, IMO. Whether such PDs will actually get the GC by the end of next fiscal is an altogether a different ask and I would say its pretty improbable.
Say Meng amendment gets approved , in such a case do you see any movement in EB2 FAD or DOF in coming October ? In other words , if Meng?s amendment wins then does that mean EB2 will be stuck where it is right now for many years to come or do you see any movement in EB2 this October to at say till end of Dec 2011 ?

[Djidondon]

Yes. Part of the consideration is demand vs. supply, however, if the current SO law applies (which I expect to be) and the downgrade demand has not yet materialized you might see the DOF reaching late 2015 for EB3 in OCT'21, IMO. Whether such PDs will actually get the GC by the end of next fiscal is an altogether a different ask and I would say its pretty improbable.

What if the EB3I downgrade I-140 approvals are low ,CO might get the data only up to end of August or first week of september 2021 on the downgrade approved numbers from NVC where the approval rate is already low as of now, the I-485 inventory for EB3I would probably be less due to low approvals and does that not move the EB3I dates until Dec 20l6 in DOF ?

[rsnake]

Is that because spillover visa numbers have to be preserved for all the people whoever applied for the I-485 by now ? is that a defined law that has to be followed and does that impact the DOF movement for EB3I ?
or does spill over numbers have to be only preserved for the applicants who are documentarily qualified to get the GC and that they are current by now?

The math is simple. New visa numbers(Z) for India in the new fiscal year will be applied to those already waiting for 485 to be approved(X) plus a number of new applicants (Y). If visa wastage is high, X will be higher by the same amount, since Charlie calculated last year assuming no visa wastage, and they still don't have a GC in Oct 2021. In that case Y will have to be lower by the same amount, so the dates will not advance by as much. Spillover numbers are just added to the overall pool Z, there is no special allocation for them.

[Djidondon]

The math is simple. New visa numbers(Z) for India in the new fiscal year will be applied to those already waiting for 485 to be approved(X) plus a number of new applicants (Y). If visa wastage is high, X will be higher by the same amount, since Charlie calculated last year assuming no visa wastage, and they still don't have a GC in Oct 2021. In that case Y will have to be lower by the same amount, so the dates will not advance by as much. Spillover numbers are just added to the overall pool Z, there is no special allocation for them.

Well quoted, I think there is special allocation for the Spillovers to EB2I and EB3I and that might be the reason for EB2I final action dates to not move now for August VB 2021 as there are already enough applicants for the available visa numbers in EB2I. EB3I still have visa numbers from spillover to be allocated to the applicants and the final action dates are moving?

I assume the I-485 inventory for EB3I will be low by sep 2021 as the downgrade I-140s are majority pending and they are still counted under EB2I unless they are approved in EB3I and USCIS is not processing most of the PP for I-140 as well. This might move the EB3I DOF beyond Dec 2016 or 2017 in EB3I are my thoughts. When the Spillover comes to the country Quota EB2I might still be very slow as majority of downgrade applicants are still considered under EB2I and EB3I DOF to the Mars.

[Zenzone]

Well quoted, I think there is special allocation for the Spillovers to EB2I and EB3I and that might be the reason for EB2I final action dates to not move now for August VB 2021 as there are already enough applicants for the available visa numbers in EB2I. EB3I still have visa numbers from spillover to be allocated to the applicants and the final action dates are moving?

I assume the I-485 inventory for EB3I will be low by sep 2021 as the downgrade I-140s are majority pending and they are still counted under EB2I unless they are approved in EB3I and USCIS is not processing most of the PP for I-140 as well. This might move the EB3I DOF beyond Dec 2016 or 2017 in EB3I are my thoughts. When the Spillover comes to the country Quota EB2I might still be very slow as majority of downgrade applicants are still considered under EB2I and EB3I DOF to the Mars.

No harm in being hopeful. CO already spoke about the EB2 downgrade wave hitting him soon and he is getting cautious. October is a wildcard right now and it would probably take until September for clarity to emerge.

[beckyjam]

Experts, I cant downgrade to Eb3. Would EB2 , Feb 13th, 2012 Priority date be current in October 2021?

[freedomseeker]

Hello Experts,

I have been a silent spectator of this forum and I thank you all for the wealth of knowledge that you folks bring in here.

I have an approved I-140 with the Priority-Date of Aug-2011 from Employer-A. I moved to Employer-B in the mid of 2019 with the promise from them that my PERM will be started after a few months of employment. With all kind of the delays from the employer and the law-firm added with the COVID slowness, at-last I was able to get my PERM filed (for my Job-Position with 7 to 9 years of experience) by my current employer (Employer B) in this year March (03/2021). I am awaiting for the PERM approval in a month or two, should there be no any issues to my application from the DOL processing side.

During the time of my I140 filing, if the EB2 dates have not reached my Priority-Date and if the EB3 dates stay as they are now, I will NOT be eligible to file my I140 in the EB2 category and cn file ONLY in EB3 category. However if there were a situation in which my Priority-Date is current in both EB2 and EB3 at the time of my I140 filing which could be sometime in September or October this year, can you please clarify the following queries in such a situation?

1. Is it right that the porting of the Priority-Date from approved I-140 with the old employer happens ONLY in the I-140 filing stage with the new employer?

2. With my case being a Fresh-I140 one (NOT a I-140 downgrade) and if I do concurrent filing of Fresh-I140-PP & I-485, What would be the right category for me to file my I-140 (EB2 or EB3 - ?) to get the GC sooner?

3. I believe I should be able to get my fresh I-140 approved under PP in the 15 days timeframe unless any RFE kicks in. Also I could see comments from some of the experts in this forum that the EB3 filers with downgraded EB2 I-140 in/around my Priority-Date (Aug-2011) tend to get EAD/AP sooner with EB3 and GC sooner with EB2. How does that apply to my case with concurrent filing of fresh I140-PP and I-485?

4. With which category (EB2 or EB3 - ?), can I get the GC sooner if the dates happen to retrogress in the period Oct21-Sep22 or the year after?

5. What are the effects and impacts to my case with EB2 if the new ammendment passes?

6. What are the effects and impacts to my case with EB3 if the new ammendment passes?

7. What are the effects and impacts to my case with EB2 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?

8. What are the effects and impacts to my case with EB3 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?


Regrets for the long content and help me with your expert inputs. Thank you!!

[Djidondon]

No harm in being hopeful. CO already spoke about the EB2 downgrade wave hitting him soon and he is getting cautious. October is a wildcard right now and it would probably take until September for clarity to emerge.
He also said he would only count the approved I-140s in EB3I for the downgrade petitions

[EB20112021]

Hey folks - thought of sharing this as most of us keep tracking progress on status. My situation is EB3 - PD Mar 2011, 485 filed -10/26/2020 and Finger prints done 03/19/2021. Got the update that my EAD card has been mailed as of 07/15/2021.

[Transformer]

Not sure how USCIS is processing the cases. Initially when I saw that they are holding up issuing EAD/AP, I thought that was a smart move so that they can spend all resources on issuing GCs. But in first 3 Quarters they neither issued GCs nor EAD/APs. Now I am seeing a different pattern. 3 of my friends, one with Feb 2011 EB3 PD and two with late 2010 EB2 PD, they all got EAD/AP few days ago (not expedited) and within 7-10 days got their GC. What a waste? They could have issued EAD/AP to someone with later PDs or needful.

[srimurthy]

Not sure how USCIS is processing the cases. Initially when I saw that they are holding up issuing EAD/AP, I thought that was a smart move so that they can spend all resources on issuing GCs. But in first 3 Quarters they neither issued GCs nor EAD/APs. Now I am seeing a different pattern. 3 of my friends, one with Feb 2011 EB3 PD and two with late 2010 EB2 PD, they all got EAD/AP few days ago (not expedited) and within 7-10 days got their GC. What a waste? They could have issued EAD/AP to someone with later PDs or needful.

I guess the moment the GC file is touched and getting to approval, is it not all applications that were submitted together or pending are also approved and hence EA and AP was coming across!

[dosaman]

Not sure how USCIS is processing the cases. Initially when I saw that they are holding up issuing EAD/AP, I thought that was a smart move so that they can spend all resources on issuing GCs. But in first 3 Quarters they neither issued GCs nor EAD/APs. Now I am seeing a different pattern. 3 of my friends, one with Feb 2011 EB3 PD and two with late 2010 EB2 PD, they all got EAD/AP few days ago (not expedited) and within 7-10 days got their GC. What a waste? They could have issued EAD/AP to someone with later PDs or needful.

Exactly! This is so unnecessary and a tremendous waste of time and effort. My guess is they have departments working in silos and the department working on EAD/AP in NBC is unaware of what is going on with the applications at the field offices.

[andhraguy]

Exactly! This is so unnecessary and a tremendous waste of time and effort. My guess is they have departments working in silos and the department working on EAD/AP in NBC is unaware of what is going on with the applications at the field offices.

485 and EAD/AP application are processed separately. The officer processing EAD/AP application does not have visibly to when GC will be approved. Yes I agree its total waste of time and resource, USCIS should improve their approval process.

[krisswaves]

My PD is Nov 4th 2011 EB2 and I cannot downgrade because my employer did not allow that in Oct 2020. But, If you are thinking about downgrading, shouldn't you be starting the downgrade process right now rather than waiting till the Oct bulletin is out ?

For my PD, I am not sure if downgrading at this point is worth it with the next FY bulletin coming out in about 2 months, especially looking at the I-140 processing times for downgrade, don't want to go that route for now.

[texas_]

Recently got an update there?s interviews being scheduled for both of us
Only god knows what they are going to ask

Do any one has idea what type of questions field office asks?

[inspired_p]

secondary's AP application was lost and hence she has received only EAD ( no AP). We recently created a SR for the AP application which is still under review. The experiences of people getting EAD/AP and GC approval within days gives me hope that as soon as the AP application is touched they will also pick our I-485 application to process as PD is current since May 2021

[sstest]

Recently got an update there?s interviews being scheduled for both of us
Only god knows what they are going to ask

Do any one has idea what type of questions field office asks?

Huh. Are you EB1?

All of my friends getting greened this year have gotten it without interviews, included EB1C, EB2 and EB3. My company lawyer also said that she has largely not seen any interviews getting scheduled since the pandemic started.

"Do any one has idea what type of questions field office asks?"
I mostly noticed regular job offer, general background related and declarations related questions while browsing forums.

[aGCHopefull]

Is it true that
1. 3 year H1-B extension is only available for individuals in retrogressed Green Card categories (i.e., individual with non-current priority dates).
2. If priority date is current - then one is only eligible for 1 year extension?

Gurus - could please confirm?

[idliman]

Is it true that
1. 3 year H1-B extension is only available for individuals in retrogressed Green Card categories (i.e., individual with non-current priority dates).
2. If priority date is current - then one is only eligible for 1 year extension?

Gurus - could please confirm?
Yes it is true. Only when the PD is not current, you will get a 3 year H1-B extension.

If your PD is not current:
In order to make a determination as to the H-1B alien beneficiary?s eligibility for an extension of H-1B status under the provisions of ?104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien?s immigrant visa ?priority date?, then the H-1B extension request under the provisions of ?104(c) of AC21 may be granted. To establish the alien?s priority date, USCIS may accept a copy of the H-1B alien beneficiary?s Form I-140 petition approval notice.

Despite the title of AC21 ?104(c), referring to ?one-time? protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the alien?s application for adjustment of status has been processed and a decision made thereupon.

If your PD is current:
USCIS is required to grant the extension of stay pursuant to ?106(a) of AC21, in one-year increments, until such time as a final decision has been made to: A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification; B. Deny the EB immigrant petition, or C. Grant or deny the alien?s application for an immigrant visa or for adjustment of status.

[freedomseeker]

Hello Experts

I have been a silent spectator of this forum and I thank you all for the wealth of knowledge that you folks bring in here.

I have an approved I-140 with the Priority-Date of Aug-2011 from Employer-A. I moved to Employer-B in the mid of 2019 with the promise from them that my PERM will be started after a few months of employment. With all kind of the delays from the employer and the law-firm added with the COVID slowness, at-last I was able to get my PERM filed (for my Job-Position with 7 to 9 years of experience) by my current employer (Employer B) in this year March (03/2021). I am awaiting for the PERM approval in a month or two, should there be no any issues to my application from the DOL processing side.

During the time of my I140 filing, if the EB2 dates have not reached my Priority-Date and if the EB3 dates stay as they are now, I will NOT be eligible to file my I140 in the EB2 category and cn file ONLY in EB3 category. However if there were a situation in which my Priority-Date is current in both EB2 and EB3 at the time of my I140 filing which could be sometime in September or October this year, can you please clarify the following queries in such a situation?

1. Is it right that the porting of the Priority-Date from approved I-140 with the old employer happens ONLY in the I-140 filing stage with the new employer?

2. With my case being a Fresh-I140 one (NOT a I-140 downgrade) and if I do concurrent filing of Fresh-I140-PP & I-485, What would be the right category for me to file my I-140 (EB2 or EB3 - ?) to get the GC sooner?

3. I believe I should be able to get my fresh I-140 approved under PP in the 15 days timeframe unless any RFE kicks in. Also I could see comments from some of the experts in this forum that the EB3 filers with downgraded EB2 I-140 in/around my Priority-Date (Aug-2011) tend to get EAD/AP sooner with EB3 and GC sooner with EB2. How does that apply to my case with concurrent filing of fresh I140-PP and I-485?

4. With which category (EB2 or EB3 - ?), can I get the GC sooner if the dates happen to retrogress in the period Oct21-Sep22 or the year after?

5. What are the effects and impacts to my case with EB2 if the new ammendment passes?

6. What are the effects and impacts to my case with EB3 if the new ammendment passes?

7. What are the effects and impacts to my case with EB2 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?

8. What are the effects and impacts to my case with EB3 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?


Regrets for the long content and help me with your expert inputs. Thank you!!

Bumping up my query again if it had gone un-noticed!

[rsnake]

The final action date needs to be current for the restriction of 1 year H1B to apply. If only the DoF is current you can still get a 3 year extension.

[aGCHopefull]

Yes it is true. Only when the PD is not current, you will get a 3 year H1-B extension.

If your PD is not current:
In order to make a determination as to the H-1B alien beneficiary?s eligibility for an extension of H-1B status under the provisions of ?104(c) of AC21, USCIS adjudicators are instructed to review the Department of State Immigrant Visa Bulletin that was in effect at the time of filing of the Form I-129 petition. If, on the date of filing of the H-1B petition, the Visa Bulletin shows that the alien was subject to a per country or worldwide visa limitation in accordance with the alien?s immigrant visa ?priority date?, then the H-1B extension request under the provisions of ?104(c) of AC21 may be granted. To establish the alien?s priority date, USCIS may accept a copy of the H-1B alien beneficiary?s Form I-140 petition approval notice.

Despite the title of AC21 ?104(c), referring to ?one-time? protection, USCIS may grant such H-1B extensions, in a maximum of three year increments, until such time as the alien?s application for adjustment of status has been processed and a decision made thereupon.

If your PD is current:
USCIS is required to grant the extension of stay pursuant to ?106(a) of AC21, in one-year increments, until such time as a final decision has been made to: A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification; B. Deny the EB immigrant petition, or C. Grant or deny the alien?s application for an immigrant visa or for adjustment of status.

Thanks @idliman for detailed info

[aGCHopefull]

The final action date needs to be current for the restriction of 1 year H1B to apply. If only the DoF is current you can still get a 3 year extension.

Thanks @rsnake

[vsivarama]

Exactly! This is so unnecessary and a tremendous waste of time and effort. My guess is they have departments working in silos and the department working on EAD/AP in NBC is unaware of what is going on with the applications at the field offices.

Don't feel too bad about waste of time or effort. They hardly spend more than 10 mins on a EAD/AP application. They should have approved them ages ago. Plus USCIS keeps weaponizing COVID as an excuse to not do stuff. Yes, I do believe COVID played a part in slowing things down but from what I have heard, the USCIS Adjudicating Officers always have worked from home long before COVID. So while COVID may affect services like biometrics and interviews, it should have no impact on raising RFEs or adjudicating the applications.

[dosaman]

Don't feel too bad about waste of time or effort. They hardly spend more than 10 mins on a EAD/AP application. They should have approved them ages ago. Plus USCIS keeps weaponizing COVID as an excuse to not do stuff. Yes, I do believe COVID played a part in slowing things down but from what I have heard, the USCIS Adjudicating Officers always have worked from home long before COVID. So while COVID may affect services like biometrics and interviews, it should have no impact on raising RFEs or adjudicating the applications.

It could be that it is just 10 minutes spent on an EADP/AP application but if you factor in the time spent on generating EAD/AP letters, printing EAD/AP cards and mailing them out it is a lot of time, effort and money. And to think that they are doing this to thousands of documentarily qualified applicants who have been current for a few months - it is just criminal. Reminds me of an often told but possibly apocryphal story about Newton spending a lot of time to carve out a small hole for a cat's kittens when he had already carved a bigger hole for the cat.

[vsivarama]

It could be that it is just 10 minutes spent on an EADP/AP application but if you factor in the time spent on generating EAD/AP letters, printing EAD/AP cards and mailing them out it is a lot of time, effort and money. And to think that they are doing this to thousands of documentarily qualified applicants who have been current for a few months - it is just criminal. Reminds me of an often told but possibly apocryphal story about Newton spending a lot of time to carve out a small hole for a cat's kittens when he had already carved a bigger hole for the cat.

I agree with your sentiment, but I am just cautioning you in your line of thinking. You feel that those 10 mins could be spent processing a 485 application. My sentiment is that they decided to use those 10 mins doing something rather than wasting them doing nothing. How do I know that? When I tried to raise an expedited request for EAD with a potential job loss scenario (Thankfully things have worked out since on the job front) their response was does your spouse have a job and earn enough to pay for your bills? In short their attitude was unless you are on the streets begging for money, we can't be bothered to look into your case (even after 7 months of waiting at that time for the EAD). Dignity of an individual in a job loss scenario holds zero value to them. FYI they hardly sent out EADs to 30% of the applicants even after 9 months and as a trade off how many extra GCs did they approve compared to last FY till now?

[txsguy]

I agree with your sentiment, but I am just cautioning you in your line of thinking. You feel that those 10 mins could be spent processing a 485 application. My sentiment is that they decided to use those 10 mins doing something rather than wasting them doing nothing. How do I know that? When I tried to raise an expedited request for EAD with a potential job loss scenario (Thankfully things have worked out since on the job front) their response was does your spouse have a job and earn enough to pay for your bills? In short their attitude was unless you are on the streets begging for money, we can't be bothered to look into your case (even after 7 months of waiting at that time for the EAD). Dignity of an individual in a job loss scenario holds zero value to them. FYI they hardly sent out EADs to 30% of the applicants even after 9 months and as a trade off how many extra GCs did they approve compared to last FY till now?

Agree with you brother. They asked me same and I was shocked. What has my wife's job got to do with my job loss due to their inefficiency. EAD/AP is a scam. The process can be automated with checks and validations from online applying and all the way to printing/mailing of card especially for C9 categories. Heck, what does that human check in those 10 min. Is the I-485 still pending, last I-94 status and if the old EAD/AP card is expiring within 180 days? Any small scale IT company can create this system for them.

[korlakunta08]

485 and EAD/AP application are processed separately. The officer processing EAD/AP application does not have visibly to when GC will be approved. Yes I agree its total waste of time and resource, USCIS should improve their approval process.

Andharguy,

I submitted my Medicals and I-485J on Friday waiting for ack and approval.

Thanks,
Sree

[korlakunta08]

485 and EAD/AP application are processed separately. The officer processing EAD/AP application does not have visibly to when GC will be approved. Yes I agree its total waste of time and resource, USCIS should improve their approval process.
I submitted my RFE (medicals and I-485J) on 7/16/20201 and waiting for ack and response.

Thanks,
Sree

[AceMan]

485 and EAD/AP application are processed separately. The officer processing EAD/AP application does not have visibly to when GC will be approved. Yes I agree its total waste of time and resource, USCIS should improve their approval process.

Well, it may not mean much now. But last year around same time it was a big thing. BTW me and few friends in my circle have been seeing EAD approved since July 1st week.

[rsnake]

Just watched Charlie's live youtube chat and it's bad news.


EB Visa wastage this year will be around 100K

Consequently filing dates for FY2022 are not expected to move significantly even if there is spillover from FB again, because those would be potentially used for the existing demand from FY2021's applications that will be still pending on Oct 1 2021. Charlie is seeing high demand from EB2 and EB3 from Oct filings. He responded to specific questions asking if 2017(definitely not) or 2016(most likely not) will be filing date current in Oct 2021.

Dates will not be made current like in 2007 because back then there was lack of demand due to which Charlie made all the dates current to generate more demand, the difference this time is there is lot of pending demand with USCIS

Due to increased FB demand, spillover is likely to be 150K and not higher like previously predicted.



Basically the people that have already filed in Oct 2021 and waiting have a second chance next FY. But USCIS may waste next years quota as well.

People with EB3 dates from 2015 and EB2 folks who were unable to downgrade this year will be pretty much screwed without even a chance for EAD/AP.

And all this assuming the new FB visas spillover this year. If they do not because of Grace's amendment that was approved by a subcommittee of the House, then a large percentage of Oct 2021 filers will not get a GC for a very long time.

Basically, the party is over and it's time to face the music.

[admin]

All - please bear with the blog today as our hosting provider is undergoing their maintenance (nothing specific to our blog). Thank you for your patience.

[march1612]

I submitted my RFE (medicals and I-485J) on 7/16/20201 and waiting for ack and response.

Thanks,
Sree


Does scanned copy of "signed" 485j and G325A good enough to reply to that RFE ?

(or)

Do we need to send the 485j and G325A RFE documents with original signatures?

[monsieur]

Buddy All I can say is you are thinking too much and applying for logic where Laws of Logic has no chance just like Light near Black Hole.

So here are my responses as you put so much effort in framing your queries and I hate to see it going waste.

1. YES, date porting happens at I-140 stage
2. Thumb rule says higher the category, better chance of you getting GC. As mad rush of downgrade I would say go with EB2 with assumptions that after post-covid-spillover mad rush EB1 will be current and will give you spillovers. But its your call which category you feel comfortable assuming all things equal i.e age-out kids, job advancement/stability etc
3. I am exactly in same boat. Still wating for my BioMetric letter even thou my file is complete including Medicals since 2 months. So I will plead laws of logic and USCIS balck hole analogy i.e USCIS will giveth when the felt it
4. Too much calculation - read SPEC post here how spill-over Vertical and Horizontal works and go from there. If you believe vertical spillover is possible then EB2, Horizontal EB3 but keep in mind EB3 is super set of EB2 so it act as catch all
5/6/7/8 - Amendment pass - LOL. All I say is - I have a bridge here in SFO which is golden and I would like to sell. I have better chance of selling that bridge to someone then US Congress passing any immigration law

Settle in CA / OR / WA or CO - grass is really green here and relaxes you very well during these stressful times. You know what I mean ;)

Happy Waiting.






Hello Experts,

I have been a silent spectator of this forum and I thank you all for the wealth of knowledge that you folks bring in here.

I have an approved I-140 with the Priority-Date of Aug-2011 from Employer-A. I moved to Employer-B in the mid of 2019 with the promise from them that my PERM will be started after a few months of employment. With all kind of the delays from the employer and the law-firm added with the COVID slowness, at-last I was able to get my PERM filed (for my Job-Position with 7 to 9 years of experience) by my current employer (Employer B) in this year March (03/2021). I am awaiting for the PERM approval in a month or two, should there be no any issues to my application from the DOL processing side.

During the time of my I140 filing, if the EB2 dates have not reached my Priority-Date and if the EB3 dates stay as they are now, I will NOT be eligible to file my I140 in the EB2 category and cn file ONLY in EB3 category. However if there were a situation in which my Priority-Date is current in both EB2 and EB3 at the time of my I140 filing which could be sometime in September or October this year, can you please clarify the following queries in such a situation?

1. Is it right that the porting of the Priority-Date from approved I-140 with the old employer happens ONLY in the I-140 filing stage with the new employer?

2. With my case being a Fresh-I140 one (NOT a I-140 downgrade) and if I do concurrent filing of Fresh-I140-PP & I-485, What would be the right category for me to file my I-140 (EB2 or EB3 - ?) to get the GC sooner?

3. I believe I should be able to get my fresh I-140 approved under PP in the 15 days timeframe unless any RFE kicks in. Also I could see comments from some of the experts in this forum that the EB3 filers with downgraded EB2 I-140 in/around my Priority-Date (Aug-2011) tend to get EAD/AP sooner with EB3 and GC sooner with EB2. How does that apply to my case with concurrent filing of fresh I140-PP and I-485?

4. With which category (EB2 or EB3 - ?), can I get the GC sooner if the dates happen to retrogress in the period Oct21-Sep22 or the year after?

5. What are the effects and impacts to my case with EB2 if the new ammendment passes?

6. What are the effects and impacts to my case with EB3 if the new ammendment passes?

7. What are the effects and impacts to my case with EB2 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?

8. What are the effects and impacts to my case with EB3 if the new ammendment does NOT pass which allows the FB to EB spillover to happen next year?


Regrets for the long content and help me with your expert inputs. Thank you!!