EB2-3 Predictions (Rather Calculations)

[korlakunta08]

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?

My Attorney asked me send signed copy of I-485J and G-328.

[march1612]

My Attorney asked me send signed copy of I-485J and G-328.

My attorney is telling to just send a scanned signed copy. Is USCIS still accepting the scanned copies?

[kshetty20]

Hello All,
Hoping someone would answer this question based on the latest Chats with Charlie. My priority date is Aug 2015 and am not sure that I wanted to figure out next steps. Should I wait until Oct bulletin or I have no chance based on today's session ?

[korlakunta08]

My attorney is telling to just send a scanned signed copy. Is USCIS still accepting the scanned copies?

he is right, Please do what ever they are asking.

[idliman]

My attorney is telling to just send a scanned signed copy. Is USCIS still accepting the scanned copies?
Please see:
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency (https://www.uscis.gov/news/alerts/uscis-announces-flexibility-in-submitting-required-signatures-during-covid-19-national-emergency)

[andhraguy]

Andharguy,

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

Thanks,
Sree

@Sree - Good Luck on you GC waiting. I hope USCIS will speed up and approve more GC in last quarter.

[qesehmk]

Hello All,
Hoping someone would answer this question based on the latest Chats with Charlie. My priority date is Aug 2015 and am not sure that I wanted to figure out next steps. Should I wait until Oct bulletin or I have no chance based on today's session ?

Pretty much no chance of FAD this year. Filing dates are discretionary and they could very well move dates all over the place simply to build more demand if not to generate more revenue.

[idliman]

Pretty much no chance of FAD this year. Filing dates are discretionary and they could very well move dates all over the place simply to build more demand if not to generate more revenue.
From the Chat Reply in YouTube Channel:

Soumitra Bandyopadhyay 22 hours ago
Hi Charlie - do we expect that Oct 2021 will reach July 2014 specially when on Oct 2020 visa bulletin - it was published with application date Jan 2015?


U.S. Department of State: Consular Affairs - 3 hours ago
It is assumed that your question is in relation to the India EB-3 Final Action Date. At this time we would not expect the India EB-3 final action date to reach July 2014 before November at the very earliest. The potential movement of any of the Employment final action dates will be hard to predict until it is clear what the FY 2022 Employment-based annual limit is likely to be.

[gammaray]

Also, pertinent responses for what it's worth:


Mandeep Raj
1 day ago
Do you expect EB3 filing dates to advance in October based on spill over from family and other sources?


U.S. Department of State: Consular Affairs
8 hours ago
It is likely that the EB-3 Application Filing Dates will be advanced no later than November. The amount of such movement will be dependent upon several factors, among them whether the proposed legislative action to ?recapture? unused FY 2020 and/or 2021 numbers were to pass.


Ketan Dixit
1 day ago
As more and more EB3 India to EB2 India downgrades are processed, is Charlies expecting retrogression in EB3-India dates?


U.S. Department of State: Consular Affairs
8 hours ago
No. By monitoring number use patterns, and limiting the forward movement of the Final Action Date for a particular preference category we always attempt to avoid the need for such a retrogression. Should such actions not have the desired impact on number use versus the annual limit, any retrogression would typically be delayed as long as possible preferably for August and/or September. Whenever such corrective action to a Final Action Date is required the goal, and typical action, is to have a full recovery to the original date for October under the new fiscal year?s annual limit.

[kshetty20]

Pretty much no chance of FAD this year. Filing dates are discretionary and they could very well move dates all over the place simply to build more demand if not to generate more revenue.

Thanks for your reply. I am hoping to at least have the ability to file I-485 in Oct 2021 but based on what Charlie mentioned, will have to see what Sep bulletin looks like

[SG2020]

Just noticed that the law firms extended the date to join their lawsuit (by Siskind and other firms). Does anyone know what the reason was? If you have joined the lawsuit, can you please share any communication/reasons you may have received for the reason for delay? I am thinking about joining as there has been no progress on my case...just the receipt notices from Feb 11 for 485/765/131/140 (concurrent EB2-EB3 downgrade).

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

[userksp]

This forum and it's members have been amazing in the quality of information shared and support given and I personally have learned a lot. So wanted to get your thoughts on the below scenario.

One of my colleagues got both his and his wife's 485 online status changed today to - New Card Is Being Produced. His PD is Feb 2011 and his date became current on July 01. He did not file 485 with medicals in Oct 2020 (our lawyers did not allow it) and so was waiting for RFE. Has anyone else got their GC approved without submitting medicals ? What should he do in this scenario ? If this was an USCIS error, then what should be the next steps in rectifying it ?

Also, interesting thing is he actually completed his medicals last week and has his sealed envelopes and was waiting for a RFE to turn them in. Is there even a remote possibility that the Civil Surgeon could have sent the same information online to USCIS or update any online medicals system stating that medicals is completed since they do collect the A number ?

[userksp]

This forum and it's members have been amazing in the quality of information shared and support given and I personally have learned a lot. So wanted to get your thoughts on the below scenario.

One of my colleagues got both his and his wife's 485 online status changed today to - New Card Is Being Produced. His PD is Feb 2011 and his date became current on July 01. He did not file 485 with medicals in Oct 2020 (our lawyers did not allow it) and so was waiting for RFE. Has anyone else got their GC approved without submitting medicals ? What should he do in this scenario ? If this was an USCIS error, then what should be the next steps in rectifying it ?

Also, interesting thing is he actually completed his medicals last week and has his sealed envelopes and was waiting for a RFE to turn them in. Is there even a remote possibility that the Civil Surgeon could have sent the same information online to USCIS or update any online medicals system stating that medicals is completed since they do collect the A number ?

[idliman]

This forum and it's members have been amazing in the quality of information shared and support given and I personally have learned a lot. So wanted to get your thoughts on the below scenario.

One of my colleagues got both his and his wife's 485 online status changed today to - New Card Is Being Produced. His PD is Feb 2011 and his date became current on July 01. He did not file 485 with medicals in Oct 2020 (our lawyers did not allow it) and so was waiting for RFE. Has anyone else got their GC approved without submitting medicals ? What should he do in this scenario ? If this was an USCIS error, then what should be the next steps in rectifying it ?

Also, interesting thing is he actually completed his medicals last week and has his sealed envelopes and was waiting for a RFE to turn them in. Is there even a remote possibility that the Civil Surgeon could have sent the same information online to USCIS or update any online medicals system stating that medicals is completed since they do collect the A number ?
One has to submit the I-693 in a sealed envelope to USCIS. I don't think USCIS allows "Back to the Future" type technologies such as PDF or electronic signatures.

First wait to see subsequent updates and make sure that it is not a system glitch. Wait till you actually receive the Welcome letter and Card in hand. As a reference I got a false CPO status in 2012.

I have heard about cases where GC was approved when the PD is not FA current. If it is an extreme case (say your PD is way off for approval), I would advise you to report to USCIS and get it corrected. The process of returing GC is a messy thing as the system already updated you as LPR with CPO. To go back will be a mess.

As your FA date is current, I suspect that it might be a real CPO and not a system glitch. If you have an attorney, talk to them.

My advise would be to interfile the medical report for primary and derivatives (as you have them readily available). See my post for sample interfile letter format (https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82457&viewfull=1#post82457). Keep it simple, no need to say you are a LPR, just send the interfile request letter the day you receive the card in hand. Keep the records, copy of the interfile letter and proof of delivery. The complete history will be in A# file and USCIS will look at it at time of Naturalization. You acting in good faith will help. Then enjoy your GC.

[userksp]

One has to submit the I-693 in a sealed envelope to USCIS. I don't think USCIS allows "Back to the Future" type technologies such as PDF or electronic signatures.

First wait to see subsequent updates and make sure that it is not a system glitch. Wait till you actually receive the Welcome letter and Card in hand. As a reference I got a false CPO status in 2012.

I have heard about cases where GC was approved when the PD is not FA current. If it is an extreme case (say your PD is way off for approval), I would advise you to report to USCIS and get it corrected. The process of returing GC is a messy thing as the system already updated you as LPR with CPO. To go back will be a mess.

As your FA date is current, I suspect that it might be a real CPO and not a system glitch. If you have an attorney, talk to them.

My advise would be to interfile the medical report for primary and derivatives (as you have them readily available). See my post for sample interfile letter format (https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82457&viewfull=1#post82457). Keep it simple, no need to say you are a LPR, just send the interfile request letter the day you receive the card in hand. Keep the records, copy of the interfile letter and proof of delivery. The complete history will be in A# file and USCIS will look at it at time of Naturalization. You acting in good faith will help. Then enjoy your GC.

Idliman, thanks for the sensible advice. I will pass it along to my colleague (he is in contact with our lawyers as well). Having waited for such a long time, it is such a nightmare to get the GC in hand only to return it and get it re-issued. So in your case in 2012, after you got the CPO status, did it again go back to Fingerprint Complete ? Also, was yours also CPO without medicals or after you submitted medicals ?

[idliman]

Idliman, thanks for the sensible advice. I will pass it along to my colleague (he is in contact with our lawyers as well). Having waited for such a long time, it is such a nightmare to get the GC in hand only to return it and get it re-issued. So in your case in 2012, after you got the CPO status, did it again go back to Fingerprint Complete ? Also, was yours also CPO without medicals or after you submitted medicals ?
If it is a system glitch, it will go back to the previous status. Don't remember what it was.
I don't think your friend has to return GC. I would just interfile medical in good faith on the same day or next day, just before you had a chance to look at the delivered envelope.

IMO: Most likely if it is a normal attorney, they will advise him to keep the GC and forget everything. If the attorney is charging high billing rates to the company, they will call USCIS and then interfile. Let us know what the attorney advice was.

[userksp]

Sure Idliman, will keep everyone updated ! Our lawyers are one of the big immigration firms... So they might take action as you suggested :)

[idliman]

Sure Idliman, will keep everyone updated ! Our lawyers are one of the big immigration firms... So they might take action as you suggested :)
By high billing rates, I really meant it. As an example, I recently came to know that *REMOVED LAWFIRM NAME* firm charged *REMOVED COMPANY* 18K for a H1B application.

[newyorker123]

Also, pertinent responses for what it's worth:


Mandeep Raj
1 day ago
Do you expect EB3 filing dates to advance in October based on spill over from family and other sources?


U.S. Department of State: Consular Affairs
8 hours ago
It is likely that the EB-3 Application Filing Dates will be advanced no later than November. The amount of such movement will be dependent upon several factors, among them whether the proposed legislative action to ?recapture? unused FY 2020 and/or 2021 numbers were to pass.


Ketan Dixit
1 day ago
As more and more EB3 India to EB2 India downgrades are processed, is Charlies expecting retrogression in EB3-India dates?


U.S. Department of State: Consular Affairs
8 hours ago
No. By monitoring number use patterns, and limiting the forward movement of the Final Action Date for a particular preference category we always attempt to avoid the need for such a retrogression. Should such actions not have the desired impact on number use versus the annual limit, any retrogression would typically be delayed as long as possible preferably for August and/or September. Whenever such corrective action to a Final Action Date is required the goal, and typical action, is to have a full recovery to the original date for October under the new fiscal year?s annual limit.


Saw many questions answered about EB3, but hardly any about EB2.

Does anybody have any idea from Charlie's comments about EB2 date movements (for FAD or FD) ?

EB2 Feb 2012 here and wondering whether to downgrade.

[vsivarama]

Saw many questions answered about EB3, but hardly any about EB2.

Does anybody have any idea from Charlie's comments about EB2 date movements (for FAD or FD) ?

EB2 Feb 2012 here and wondering whether to downgrade.

Charlie has insinuated in the call that even the filing dates will not move as aggressively as it was moved last year because of already existing demand. He further said, the filing dates in September bulletin should give you a fairly good idea about the FDs in October. So do what you will with this information. For your question, it can be answered either way. No one can say with certainty one way is right over the other. Do what feels right to you.

[ImmiGiveMe]

https://hilites.today/uscis_cases/dashboard

This shows 2,600+ I-485 applications approved in last 3 days.. Looks like USCIS is picking up pace.

[ImmiGiveMe]

Greencardly seems more accurate than the hilites. for some of the july and june date the approved numbers on hilites is very low.

[vsivarama]

Greencardly seems more accurate than the hilites. for some of the july and june date the approved numbers on hilites is very low.

Never mind. I think I figured out what it is. Greencardly gives approved GCs per day. If you look at hilites it only has all receipt notices generated in 21. Nevertheless it is good news that more recent applications are getting some traction.

[EB22010Dec]

Never mind. I think I figured out what it is. Greencardly gives approved GCs per day. If you look at hilites it only has all receipt notices generated in 21. Nevertheless it is good news that more recent applications are getting some traction.

The average is north of 2.5k/day over the last few days. that's a very good sign I think. Hope this pace stays for some time.

[ImmiGiveMe]

IS there a way to differentiate between an FB vs EB I-485 based on receipt number?

[userksp]

Idliman, we use the same firm but have no idea about their billing rates and the amount you mentioned is mind boggling... No wonder why the firms would like us to remain in H1B as long as possible.

[delguy]

Idliman, we use the same firm but have no idea about their billing rates and the amount you mentioned is mind boggling... No wonder why the firms would like us to remain in H1B as long as possible.

Hi userkp,

I see that you responded your RFE within a week. Is that medical RFE and if yes, did you use your company attorney firm or did it all by yourself. I got my med RFE but I am worried that if I go thtough my company atyorney, that will unnecessarily delay the response as they take their own sweet time.

[userksp]

Hi userkp,

I see that you responded your RFE within a week. Is that medical RFE and if yes, did you use your company attorney firm or did it all by yourself. I got my med RFE but I am worried that if I go thtough my company atyorney, that will unnecessarily delay the response as they take their own sweet time.

Hi delguy, yes, the RFE was for medicals for me and my spouse. I did get in touch with my company's lawyers to check if I needed to send it to them or respond myself and they said that it's up to me. Since it was only medicals which is anyways in a sealed envelope, I sent the sealed medicals & a copy of my RFE to the address mentioned in the RFE myself. If the RFE were for additional materials, then I guess a lawyer review is beneficial.

If it's only medicals, I would say send it back yourself and save time. Did you get your RFE from NBC or your local FO ?

[delguy]

Hi delguy, yes, the RFE was for medicals for me and my spouse. I did get in touch with my company's lawyers to check if I needed to send it to them or respond myself and they said that it's up to me. Since it was only medicals which is anyways in a sealed envelope, I sent the sealed medicals & a copy of my RFE to the address mentioned in the RFE myself. If the RFE were for additional materials, then I guess a lawyer review is beneficial.

If it's only medicals, I would say send it back yourself and save time. Did you get your RFE from NBC or your local FO ?

Thanks for the quick response. I got it from local FO where the case was transfered from MSC recently. So I assume you put both yours and spouse medicals in one envelope though 1 RFR for each is generated. Is their any cover letter needed too?

[GCdreamz]

Hi All,

My PD is Jul6th 2010 in EB2, I got Medical RFE and Interview Notice on June 27th. I heard lot of people are getting interview waiver and green card approved after Medicals RFE. Is USCIS issuing interview notices recently or is it random....like my case. My spouse last name and mine are different and I work for a consulting company.

Also, do we need to take Original Brith certificate for interview?

Thanks!!!

[EB22010Dec]

Guru's does this accelerated pace mean that wastage is going to less than predicted ?

https://hilites.today/uscis_cases/dashboard

[kb2013]

Guru's does this accelerated pace mean that wastage is going to less than predicted ?

https://hilites.today/uscis_cases/dashboard

How is this data got? Is there a way to access data used in this site?

[userksp]

Thanks for the quick response. I got it from local FO where the case was transfered from MSC recently. So I assume you put both yours and spouse medicals in one envelope though 1 RFR for each is generated. Is their any cover letter needed too?

I actually sent it out in separate envelopes as the RFE letters came from the FO separately. But someone had mentioned that if you were going to send them in the same envelope, then keep 2 smaller envelopes (one for each of you) inside the Fedex envelope and send it out. I did not put any cover letter, just the copy of the RFE and sealed medicals envelope.

[ImmiGiveMe]

Guru's does this accelerated pace mean that wastage is going to less than predicted ?

https://hilites.today/uscis_cases/dashboard


I think the person, has program to check the status of FY21 receipt numbers for LIN,MSC and SRC and parse the response to bucket them into different case types and statuses.

Yes, the approval of I-485 has increased in July.. but not sure how may of them are EB.

USCIS tend to approve more(disproportionate) FB than EB in any given month .

[LightAtEndOfTunnel]

I think the person, has program to check the status of FY21 receipt numbers for LIN,MSC and SRC and parse the response to bucket them into different case types and statuses.

Yes, the approval of I-485 has increased in July.. but not sure how may of them are EB.

USCIS tend to approve more(disproportionate) FB than EB in any given month .

Does anyone have idea how many FB petitions are are @ LIN. My idea is LIN is handling bulk load of 2020 EB filers and some asylum based cases which are not many.

[abcx13]

Does anyone have idea how many FB petitions are are @ LIN. My idea is LIN is handling bulk load of 2020 EB filers and some asylum based cases which are not many.

I don't think LIN handles FB. If you check case processing times for I485s on USCIS website, it only shows U visas / asylum and EB I think.

[srimurthy]

This is very nice question to ask "how long it will take to get GC after getting current" . The answer is 2 weeks to 9 years thats what I saw people experiencing in this forum. sorry to make fun of your question but this is true. Now we say "God also don't Know" how USCIS is processing.

BTW what is yr PD and service center ? USCIS started picking up the speed in 3rd quarter and I saw approvals from different service centers. 2011 people are started getting GC, IMO we all will get this year or early next year if date does not retrogress.

Any calculations or ideas if we know 2009 EB2 is cleared or applications submitted in 2012 for PD's that were current till Apr 2010 are they cleared?
And if not all what percentage or number would still be in waiting?

[pman04122011]

Lurking for a long time but registered today to ask a question. My PD is 04/12/2011 in EB2 and I had originally filed my I485 in Oct 2020 (RD Oct 26 & ND Nov 14). Completed my biometrics on Jan 05 2021 but my filing was rejected after that saying insufficient funds in payment source (it appears they had never cashed our checks till then). My PD again became current in FAD category in the July VB and I filed a separate application for which I have received a receipt (RD July 12 2021) and also a notice indicating that they will reuse biometrics. My question has to do with my original rejected filing from Oct 2020. USCIS has recently released guidance stating that filings rejected like this can be resubmitted and they will consider them as having been received on the date they were originally received at the lockbox (Oct 26 2020 in my case) (Lockbox Delays section here https://www.uscis.gov/about-us/uscis-response-to-covid-19#:~:text=As%20a%20result%20of%20COVID,petition%2 0with%20a%20USCIS%20lockbox.) . So would it be worth it to resubmit my original application too with the hope of it getting processed quicker ? (Mainly because I would have to pay the fees for this submission myself since my company wont pay for applying again). Are these applications processed strictly by RD ?

[sjayanthi]

Just look up the 485 processing time for the service center your application is in.

If your application was filed at least a year back and your FAD date is current, I'd say whatever USCIS says cut that time in half and that should be a realistic time period.

Thanks Q. Makes sense. As requested by Andhraguy few more details: My application was filed earlier this month (PD 04/21/2011, EB2) and the packet went to Phoenix lockbox not sure which service center it will land at (mostly Nebraska?). I was outside US for a while and justed came back to US, hence the delay. My attorney recommended to send all required docs and told me that we can avoid RFE. So, hoping for the best but I know Oct filer are still waiting. Lets see how things play out.

[ak7419]

Any calculations or ideas if we know 2009 EB2 is cleared or applications submitted in 2012 for PD's that were current till Apr 2010 are they cleared?
And if not all what percentage or number would still be in waiting?

No, TSC has not cleared 2012 filers. I am still waiting for an RFE since becoming current in November. Per reliable sources, there are hundreds of 2012 filers waiting on an RFE.

[AceMan]

No, TSC has not cleared 2012 filers. I am still waiting for an RFE since becoming current in November. Per reliable sources, there are hundreds of 2012 filers waiting on an RFE.

True that, even few of my friends with 2010 PD have also not received an RFE for medicals. It's truly unexplainable wastage that people who filed in 2012 are not cleared yet after a windfall FY 2021.

No noise, no voice

[ak7419]

True that, even few of my friends with 2010 PD have also not received an RFE for medicals. It's truly unexplainable wastage that people who filed in 2012 are not cleared yet after a windfall FY 2021.

No noise, no voice

@Aceman, do you know if the bipartisan infrastructure bill that was passed in Senate few minutes ago, does it have any provisions relating to legal immigration/visa usage?

[idliman]

No, TSC has not cleared 2012 filers. I am still waiting for an RFE since becoming current in November. Per reliable sources, there are hundreds of 2012 filers waiting on an RFE.
ak7419, I'm a little dissapointed to see you still waiting. On any scale, 2012 filers are beyond processing time. Keep pushing via all channels. And hope for a miracle.

[AceMan]

@Aceman, do you know if the bipartisan infrastructure bill that was passed in Senate few minutes ago, does it have any provisions relating to legal immigration/visa usage?

No my friend, I did not follow any of that as I am only focused on my process.
I have opened up a service request for RFE response and no action for 60 days. Now I need to wait another 15-30 days to see if they respond to my service request before I look at idlimans immigration manual for the next steps.

[GetGCByNow]

I am of the opinion that one needs to have a clean I-485 Supp J path for getting a GC. One should not get a GC based on a job that he/she does not intend to work in (or go back to). On the other hand if you are going to the previous job specified in I-485 after GC, then you don't need another I-485J. If USCIS AO, does his/her job correctly they will send you another RFE for I-485 Supp J (if they check your current employment).

I am going to repeat my usual line: A GC is given on the basis of a future job. It is a contract between you and the employer. You agree to work in that job after GC. The employer agrees to give you a genuine FT offer of employment. If you don't work for the company stated in I-485 contract, you are breaking the terms of GC. That's why employer A can file for GC when you are working for employer B (as some here are doing). But by law one has to work for the company specified in GC application after getting GC. USCIS does not have the manpower to enforce this.

You should work with the attorney of the new company and reply to I-693 RFE at the same time file I-485 Supp J (job portability or option b in the form). This will reduce processing time and lead to a faster GC. But make sure that you meet the deadline for I-693 in any case. If you miss the RFE deadline then I-485 will be automatically denied.

Idliman,
Thanks for providing useful inputs on this.
I have a deadline of Oct-21-2021 to respond to Medical RFE. I am planning to file I-485J through the new employer's attorney around Aug-15th. As suggested by you, I would work with the attorney to include I-693 RFE response along with the I-485 Supp J filing.
If both of these documents are filed simultaneously, will I still be getting I-485 Supp J related RFE? Assuming SOC code and job duties are more or less the same?

[idliman]

Idliman,
Thanks for providing useful inputs on this.
I have a deadline of Oct-21-2021 to respond to Medical RFE. I am planning to file I-485J through the new employer's attorney around Aug-15th. As suggested by you, I would work with the attorney to include I-693 RFE response along with the I-485 Supp J filing.
If both of these documents are filed simultaneously, will I still be getting I-485 Supp J related RFE? Assuming SOC code and job duties are more or less the same?
An I-485 Supp J can be used for
1a. Confirmation of Bona Fide Job Offer or
1b. Request for Job Portability Under INA Section 204(j).
When you are sending the I-485 Supp J with option 1b, you are invoking AC21 job portability after your I-485 has been waiting for 180+ days. So as long as "same or similar classifcation" is met (which is liberally interpreted by USCIS), you will get your GC. It is better to send it along with an RFE response as USCIS has a way of filing and tracking it in theor system. You just need one job offer for a GC. So you will not be getting another I-485 Supp J RFE.

[korlakunta08]

Congrats buddy! Can you pls share the pd and timeline details

My PD is 2010 Feb after 9 years once I get EAD

[korlakunta08]

Congratulations! Happy ending to a long journey!

Thank you so much

[insane.yogi]

I can share my experience. Coz of job change and delayed perm, I was able to file my I-140 (prem) and I-485 in May. If it helps I got receipt in 6 weeks and still waiting for Biometric appointment. Lawyer sent paper work so don't know where it went but got my receipt with LINxxxxxxxxx number.


Question for grp - My new colleague is getting ready to file for both I-140 in prem and I-485 and asked me for an advice. Based on my own experience I feel getting I-140 approved first and then filing for 485 might be beneficial as his case can be directly sent for Bio-metric. What you guys have seen?

on same boat and following.

[aGCHopefull]

Me and my wife GC hot approved today.

Thank you for every one.

Congratulations!

[EB22010Dec]

on same boat and following.

Me too...home others add details here.

[GetGCByNow]

An I-485 Supp J can be used for
1a. Confirmation of Bona Fide Job Offer or
1b. Request for Job Portability Under INA Section 204(j).
When you are sending the I-485 Supp J with option 1b, you are invoking AC21 job portability after your I-485 has been waiting for 180+ days. So as long as "same or similar classifcation" is met (which is liberally interpreted by USCIS), you will get your GC. It is better to send it along with an RFE response as USCIS has a way of filing and tracking it in theor system. You just need one job offer for a GC. So you will not be getting another I-485 Supp J RFE.

Idliman,
Thanks for the clarification.

[skpanda]

hello friends... i searched and could not find.....there was a link few days ago published here where we can send expedite request for EAD/AP. If someone has handy, can you please help post it again or PM me?

Regards,
Satya

[korlakunta08]

Congratulations!

Thank you so much

[longwaitgigu]

I'll be current next month (EB3I - PD April 2013 Straight). With same employer and submitted medicals with i-485 back in Nov 2020.

Got Supp J receipt today. Emma agent mentioned that file is with NBC but might move to FO soon. Not sure how reliable is this info and am not reading much into it given its 'Emma'. Fingers crossed!
Can u please update your RD, ND and biometric date. Also series, trying to understand uscis processing ways
Like mine
RD- November 9
ND- February 5
BM- may 18
Current since may
No i485j receipt yet
MSC219076 series
Thankyou

[bangaloreboy]

hello friends... i searched and could not find.....there was a link few days ago published here where we can send expedite request for EAD/AP. If someone has handy, can you please help post it again or PM me?

Regards,
Satya

Hello skpanda,
You can expedite by initiating a chat with Emma and providing justification for below criteria (from Emma):
USCIS: Considers all expedite requests on a case-by-case basis. Requires documentation to support the approval of an expedite request (the burden of providing that you meet the criteria rests on you) We may consider evidence that is already contained in your application or petition, and may not require additional evidence from you. We may deny your request based solely off of the information you provide over the phone and/or evidence in your application or petition, and might not follow up to request additional evidence. Has the sole discretion to decide whether to grant or deny a request. Does not consider expedite requests for applications or petitions that have Premium Processing Service available. You can make a request to expedite your case if you can demonstrate that your situation falls into one of the following categories: Severe financial loss to company or person, provided that the need for urgent action is not the result of the petitioner's or applicant's failure to: (Note: Form I-129, Petition for Nonimmigrant Worker, H-2A beneficiaries pending more than 15 days fall under this category) File the benefit request or the expedite request in a reasonable time frame, or Respond to any requests for additional evidence in a reasonably timely manner. Emergencies and urgent humanitarian reasons (Note: Filipino WWII Veterans Program (FWVP) beneficiaries fall under this category); Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States; Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests) (Note: This type of request must come from official U.S. government entity and state that delay will be detrimental to the U.S. government); or Clear USCIS error.

[chkrishna_veni@yahoo.com]

Hi,
My friend going through crisis. Need your inputs on this. Please find her details below.
H1B Applied by Company A: 2011
H1b Transferred to Company B: 2013
She did two H1b Extensions with Company B and for third extension she received NOID. This NOID was issued because Employer A filed her petition as in-house project. However she worked on client project. My friend didn't know about all these until she received this NOID response.
Luckily she could able to file I485 through Employer B in Oct 2021 and received EAD/AP. She is thinking to move to EAD/AP by withdrawing her H1B extension.

Question : Whatever her old employer did the fraud and H1b impact does effect I-485? She is really worried as she has a daughter going to college and she will be aged out in another 3 years. She is not aware of what her first employer did with her H1 b extension in spite of proving the client contract. He filed her petition as in-house project. Please provide inputs.

[sudebusa]

This (https://www.washingtonpost.com/opinions/2021/07/28/joe-biden-is-overseeing-one-largest-cuts-legal-immigration-history/) was published in WaPo on 7/28; maybe it pushed some red button somewhere.

[Turbulent_Dragonfly]

This (https://www.washingtonpost.com/opinions/2021/07/28/joe-biden-is-overseeing-one-largest-cuts-legal-immigration-history/) was published in WaPo on 7/28; maybe it pushed some red button somewhere.

Don?t be fooled by this! David Bier has been writing articles like these for years. They are good to read as he does a lot of research and is one of my favorite immigration commentators but that?s all he is, a commentator who has no influence on policy decisions unfortunately. We need such people in advisory roles inside the admin to bring about change and counter people like Miller.

[Sebiswaiting]

Prediction!!!!

Does anyone here got some idea about renewed speed in GC processing ?
Since Charlie predicted 100k wastage in his Aug Bulletin talk, so I am assuMing third quarter processing was slow too. But looking at recent approvals in friend circle and talks about mass rfe, I am hoping against hope that wastage isn't in the 100k range.

My PD is mid 2015, EB2 I, hoping faintly that my date gets current in next year or year after.

[gammaray]

Prediction!!!!

Does anyone here got some idea about renewed speed in GC processing ?
Since Charlie predicted 100k wastage in his Aug Bulletin talk, so I am assuMing third quarter processing was slow too. But looking at recent approvals in friend circle and talks about mass rfe, I am hoping against hope that wastage isn't in the 100k range.

My PD is mid 2015, EB2 I, hoping faintly that my date gets current in next year or year after.

To not waste 100K+ visas, USCIS would have to at a minimum triple it's processing rate for the last two Q's. That's triple its processing rate every month for 6 months. Highly unlikely and impractical IMO-- And I would say the same for EB2 to reach 2015/2016. EB3 maybe?

On a brighter note, I still feel like some sort of beneficial immigration reform law will make it through in the near future (within this Presidential term) which could reduce the backlogs substantially. So yes 2015/2016 dates could be attained by law changes if not by spillover.

[Sebiswaiting]

To not waste 100K+ visas, USCIS would have to at a minimum triple it's processing rate for the last two Q's. That's triple its processing rate every month for 6 months. Highly unlikely and impractical IMO-- And I would say the same for EB2 to reach 2015/2016. EB3 maybe?

On a brighter note, I still feel like some sort of beneficial immigration reform law will make it through in the near future (within this Presidential term) which could reduce the backlogs substantially. So yes 2015/2016 dates could be attained by law changes if not by spillover.

Thank you Gamma.
I am not at all hoping for mid 2015 EB2, but hoping for a minor chance of eb3 mid 2015 getting current in next 1-2 years. But as you said this still a remote chance!
Planning to ask for EB3 with new emoloyer GC if all goes well.

[Turbulent_Dragonfly]

Prediction!!!!

Does anyone here got some idea about renewed speed in GC processing ?
Since Charlie predicted 100k wastage in his Aug Bulletin talk, so I am assuMing third quarter processing was slow too. But looking at recent approvals in friend circle and talks about mass rfe, I am hoping against hope that wastage isn't in the 100k range.

My PD is mid 2015, EB2 I, hoping faintly that my date gets current in next year or year after.

Covid is the X factor unfortunately. A lot will depend on how soon the world as a whole deals with it moving forward. If variants keep coming up leading to continuing closures or diminished processing of consulates AND USCIS ramps up processing stateside, it may help.

[Turbulent_Dragonfly]

To not waste 100K+ visas, USCIS would have to at a minimum triple it's processing rate for the last two Q's. That's triple its processing rate every month for 6 months. Highly unlikely and impractical IMO-- And I would say the same for EB2 to reach 2015/2016. EB3 maybe?

On a brighter note, I still feel like some sort of beneficial immigration reform law will make it through in the near future (within this Presidential term) which could reduce the backlogs substantially. So yes 2015/2016 dates could be attained by law changes if not by spillover.

I have always been and continue to be super pessimistic about any legislative fixes. Democrats are going to lose the House in 2022 and that will be the end of any immigration reform by legislation. I know they have been trying to finagle Immigration Reform as part of budget reconciliation but it may prove to be too toxic so we will have to wait to see what happens on that.

[gammaray]

Covid is the X factor unfortunately. A lot will depend on how soon the world as a whole deals with it moving forward. If variants keep coming up leading to continuing closures or diminished processing of consulates AND USCIS ramps up processing stateside, it may help.

It's hard to see things shutting down similar to levels during the pre-vaccine era unless of course the virus mutates significantly, which is possible. The consulates have been mostly at full tilt since the vaccinations were complete with the family-based visas as first preference, so can't envision significant spillover continuing.

[gammaray]

I have always been and continue to be super pessimistic about any legislative fixes. Democrats are going to lose the House in 2022 and that will be the end of any immigration reform by legislation. I know they have been trying to finagle Immigration Reform as part of budget reconciliation but it may prove to be too toxic so we will have to wait to see what happens on that.

Yeah not a great track record on immigration legislative fixes, to put it mildly, in the last couple decades. But irrespective of who's controls congress, I do feel that the backlog issue is close to reaching critical mass and having enough attention now --and should increase with every year the backlog grows-- that a solution in congress will come to fruition. In the past (2013) it was relatively a new issue and just didn't have enough attention or awareness from people in congress.

[gten20]

Yeah not a great track record on immigration legislative fixes, to put it mildly, in the last couple decades. But irrespective of who's controls congress, I do feel that the backlog issue is close to reaching critical mass and having enough attention now --and should increase with every year the backlog grows-- that a solution in congress will come to fruition. In the past (2013) it was relatively a new issue and just didn't have enough attention or awareness from people in congress.

Obama was hated so much by republicans they didn't want the first black president to get credit for anything. Passing legislation is all about perception and money. Corporations will generally get what they want. They can easily control the narration. Why would they want to clear the backlogs? They love this voluntary indentured servitude, where an employee is legally allowed to quit anytime but probably wont. USCIS too will not want to kill the cash cow they have been milking in past 15 years. I still don't believe that people really feel the pain of legal immigrants stuck in backlog. Most of us get paid good money and that's the perception of the American citizens; or they are completely unaware of the backlog. I feel that we are still not united and don't have a proper game plan. It's kinda similar to Indian independence movement. Lot of freedom fighters with same goal but different viewpoints and paths. The backlogs were in attention at least sine 2007 when G. W. Bush tried to pass a legislation in lame duck session. It doesn't matter how big the backlog is until we bring genuine stories about how backlog stops us from living the true American dream to the media.

I am cautiously optimist that Biden will be able to get Republicans on board to pass some sensible immigration reform. He has been around for a long time and has good relations with many republicans. Only time will tell if it will happen.

[krisswaves]

September Visa Bulletin is out

Final action dates
EB2- 01-Sep -2011
EB3- 01-Jan -2014

Filing dates
EB2 - 01-Dec -2011
EB3 - 01-Mar -2014

[newyorker123]

September Visa Bulletin is out

Final action dates
EB2- 01-Sep -2011
EB3- 01-Jan -2014

Filing dates
EB2 - 01-Dec -2011
EB3 - 01-Mar -2014

I wish filing dates changed for EB2.
I read at multiple places that they might change in October VB with the new fiscal year. Any thoughts on this ?
PD: Feb 12

[freedomseeker]

Howdy Experts,

My Priority-Date from ex-employer is current in the Sept-2021 bulletin FAD and I can safely presume that USCIS will honor the same for September-2021. I am awaiting for my PERM with the current employer filed in March-2021 and awaiting for its outcome. Assuming I get that PERM outcome in the very soon, can you please clarify my queries as follows to prepare for my filing?

1. I have got to know from my peers that my attorney is submitting the I-485 application (which already has an approved I-140) to National-Benefits-Center (MSC). Would it be the same Service-Center (National Benefits Center - MSC) for concurrent filing (I-140 with PP & I-485) as well? Please note that the application for I-140 with PP filed in this case is a direct filing and hence not a downgrade.

2. I could see in the forums, people mentioning that the processing speed of I-485 is far better if the I-140 is already approved even though the I-140 application is a straight filing (NOT for a downgrade), for the reason that the I-485 application reaches NSC which processes applications faster than the other SCs - is that a right statement?

3. I understand that it's wise to submit all the forms (I-485, EAD & AP, Birth-Certificates, Medicals) at the time of I-485 filing itself. If that is right, can you please confirm/correct the following list of forms for the same?

a. I-485 (and I-140 PP, if concurrent)
b. EAD & AP
c. Birth-Certificates
d. Affidavits (Using Affidavits b'coz the information (like our last-name is prefixed to our first name as initial) in BCs of mine and my spouse are inconsistent of what is in our Passports)
e. Medicals (I believe this is something I or attorney does NOT send and it is sent by the Civil-Surgeon to USCIS)


Thank you!



EB2-I PD: 23-AUG-2011 (From Previous-Employer)
PERM Filed By Current Employer - 19-MAR-2021 (Awaiting Outcome)
PD Current Per Sept-2021 VB FAD

[EB22010Dec]

EB3-I October 2010 (Current : 1 may 2021) |RD 27 Oct 2020 (MSC) | BIO may 2021 | Interview August 2021| Approved same day as interview
Hope this helps

Any updates from folks who have applied for 485 this year in the last few months.
I am asking because my perm is just about certified after a job change and wondering how long will it take for EAD/GC Approval.

My PD is Dec 2010 as my Handle.

[monsieur]

Any updates from folks who have applied for 485 this year in the last few months.
I am asking because my perm is just about certified after a job change and wondering how long will it take for EAD/GC Approval.

My PD is Dec 2010 as my Handle.

Applied in June with Premium I-140 and 485 + EAD + AP + Medicals. I-140 was approved within premium time window. Got receipt notices for 485 and others within month but still waiting for BM appointment letter. Checked with EMMA and as per agent my file is still in LIN SC.

[inspired_p]

EB3-I October 2010 (Current : 1 may 2021) |RD 27 Oct 2020 (MSC) | BIO may 2021 | Interview August 2021| Approved same day as interview
Hope this helps

Do you have an idea why the interview was not waived in your case? Did you have any special scenario that you know? Just curious

[freedomseeker]

Bumping the thread for more visibility


Howdy Experts,

My Priority-Date from ex-employer is current in the Sept-2021 bulletin FAD and I can safely presume that USCIS will honor the same for September-2021. I am awaiting for my PERM with the current employer filed in March-2021 and awaiting for its outcome. Assuming I get that PERM outcome in the very soon, can you please clarify my queries as follows to prepare for my filing?

1. I have got to know from my peers that my attorney is submitting the I-485 application (which already has an approved I-140) to National-Benefits-Center (MSC). Would it be the same Service-Center (National Benefits Center - MSC) for concurrent filing (I-140 with PP & I-485) as well? Please note that the application for I-140 with PP filed in this case is a direct filing and hence not a downgrade.

2. I could see in the forums, people mentioning that the processing speed of I-485 is far better if the I-140 is already approved even though the I-140 application is a straight filing (NOT for a downgrade), for the reason that the I-485 application reaches NSC which processes applications faster than the other SCs - is that a right statement?

3. I understand that it's wise to submit all the forms (I-485, EAD & AP, Birth-Certificates, Medicals) at the time of I-485 filing itself. If that is right, can you please confirm/correct the following list of forms for the same?

a. I-485 (and I-140 PP, if concurrent)
b. EAD & AP
c. Birth-Certificates
d. Affidavits (Using Affidavits b'coz the information (like our last-name is prefixed to our first name as initial) in BCs of mine and my spouse are inconsistent with what is in our Passports)
e. Medicals (I believe this is something I or attorney does NOT send and it is sent by the Civil-Surgeon to USCIS)


Thank you!



EB2-I PD: 23-AUG-2011 (From Previous-Employer)
PERM Filed By Current Employer - 19-MAR-2021 (Awaiting Outcome)
PD Current Per Sept-2021 VB FAD

[JoinedToAsk]

Given that there are EB2, EB1, EB3, India, China and ROW in the pool eligible to get GC. Does anyone know how USCIS prioritizes the applications?

I know that they do look at notice date i.e. when they sent the notice. What about other factors? Any thoughts/expert comments?

[vsivarama]

Given that there are EB2, EB1, EB3, India, China and ROW in the pool eligible to get GC. Does anyone know how USCIS prioritizes the applications?

I know that they do look at notice date i.e. when they sent the notice. What about other factors? Any thoughts/expert comments?

I do think they Prioritize ROW and then followed by EB1,EB2 and so on. Now hold your horses before you go about calling USCIS racist ;). In normal circumstances they prioritize ROW simply because it gives them an idea of the horizontal spillover to be applied to EB India and China as early as possible. Similarly they want to prioritize EB1 and so on, as they want to determine the vertical spillover across categories as soon as possible.

[monsieur]

Bumping the thread for more visibility

2 is just rumor on street; you don't want to base your life decision based on it. If you are not in hurry of filing I-485 then go for I-140 first then I-485. If you want to play absolutely safe then file concurrently. You will be safe in long term (AC-221, no perm/i-140 post 180 days, Kids age out etc) with concurrent filing instead of playing cute. Ask anybody from May-2012 how long it took them to file their I-485.

3. List looks good; you can skip EAD and AP if you are not in hurry and just get GC in ~9months.

[freedomseeker]

monsieur,

Thanks for the pointers. On #3, I interpret from the comments of many people in this forum that the applications for EAD/AP is processed by a different office/SC and the rest of other applications (including I-485) is processed by different office/SC. If that is right, can you please enlighten me on how the EAD/AP applications have an impact on getting GC earlier than usual?



2 is just rumor on street; you don't want to base your life decision based on it. If you are not in hurry of filing I-485 then go for I-140 first then I-485. If you want to play absolutely safe then file concurrently. You will be safe in long term (AC-221, no perm/i-140 post 180 days, Kids age out etc) with concurrent filing instead of playing cute. Ask anybody from May-2012 how long it took them to file their I-485.

3. List looks good; you can skip EAD and AP if you are not in hurry and just get GC in ~9months.

[JoinedToAsk]

I do think they Prioritize ROW and then followed by EB1,EB2 and so on. Now hold your horses before you go about calling USCIS racist ;). In normal circumstances they prioritize ROW simply because it gives them an idea of the horizontal spillover to be applied to EB India and China as early as possible. Similarly they want to prioritize EB1 and so on, as they want to determine the vertical spillover across categories as soon as possible.

So, do you believe EB2 will get processed? I'm EB2 2010 and still have to hear anything positive on i485 front. I heard that someone with 2014 Dec EB3I priority date got greened. I've no clue how this organization works.

[AceMan]

So, do you believe EB2 will get processed? I'm EB2 2010 and still have to hear anything positive on i485 front. I heard that someone with 2014 Dec EB3I priority date got greened. I've no clue how this organization works.

To answer your questions, for the first 3 quarters USCIS process the numbers with 7% country limit clause. That makes ROW petitions given a higher priority than others. Come this September, every body in Eb3 till January 2014 and Eb2 till September 2011 are eligible to get greened.

Your 2010 application is in one pile which may be handled by an officer who has to work on petitions which might be complicated. My 2011 petition had all the necessary documents submitted as requested by USCIS 3 months back. I even opened a SR last month. Called again them couple of days back, they said my application is with an officer, and you got to wait.

On the EAD front they have approved mine and my spouses, while my sons petition was NOT ACTED upon. I opened a service request for that also as it exceeds the normal processing time.

USCIS process time for GC has dramatically increased according to greencardly. So you got to stay patient

[abcx13]

To answer your questions, for the first 3 quarters USCIS process the numbers with 7% country limit clause. That makes ROW petitions given a higher priority than others. Come this September, every body in Eb3 till January 2014 and Eb2 till September 2011 are eligible to get greened.Charlie said that's not true.

[monsieur]

Don't worry abt USCIS case load; proceed with what makes you comfortable. If you are OK of not getting EAD/AP and/or you are working with your own attorney and can save some $$ without raising your anxiety level, then skip it. If company is filing and there is no difference, then I would say file for it. No harm in getting those entitlements which are part of 485 process.

No one, I bet has first hand knowledge how USCIS is distributing workloads and process 485, EAD, AP cases. So don't enter that rabbit hole. Go with your guts, as you know your situation best.



monsieur,

Thanks for the pointers. On #3, I interpret from the comments of many people in this forum that the applications for EAD/AP is processed by a different office/SC and the rest of other applications (including I-485) is processed by different office/SC. If that is right, can you please enlighten me on how the EAD/AP applications have an impact on getting GC earlier than usual?

[srimurthy]

Did anyone even talk or discuss about the Sep visa bulletin or we felt that is of min impact now?

FAD
EB2 - 01Sep11
EB3 - 01Jan14

[gammaray]

Did anyone even talk or discuss about the Sep visa bulletin or we felt that is of min impact now?

FAD
EB2 - 01Sep11
EB3 - 01Jan14

Not sure what needs to be discussed. The FADs moved to meet the original FDs as is intended. It's just wait and watch from here on for October and beyond -- given possible law changes and impact of visa wastage and demand carryover to FY22.

[namits]

Hello all,

I was wondering if this statement from the "USCIS Temporarily Extending Validity Period of Form I-693" shows that the wastage of green cards will be fewer than expected?

"USCIS is on track to approve more employment-based adjustment of status applications than it has since FY 2005.  We have prioritized employment-based adjustment of status applications during every step of its processing and adjudication during this fiscal year. We continue to make processing and resource allocation decisions to increase the pace of adjudications and limit the potential for employment-based visa numbers to go unused."

https://www.uscis.gov/news/alerts/uscis-temporarily-extending-validity-period-of-form-i-693

[qesehmk]

Hello all,

I was wondering if this statement from the "USCIS Temporarily Extending Validity Period of Form I-693" shows that the wastage of green cards will be fewer than expected?

"USCIS is on track to approve more employment-based adjustment of status applications than it has since FY 2005.  We have prioritized employment-based adjustment of status applications during every step of its processing and adjudication during this fiscal year. We continue to make processing and resource allocation decisions to increase the pace of adjudications and limit the potential for employment-based visa numbers to go unused."

https://www.uscis.gov/news/alerts/uscis-temporarily-extending-validity-period-of-form-i-693

To their credit (and to be honest Biden admin deserves the credit rather than the agency) yes indeed they are significantly on their way to reduce potential wastage.

But this extension ends on Sep 30 2021. So all of this is to really be able to approve GCs without having people to require to do medicals again as long as they had done one in last four years.

[abcx13]

To their credit (and to be honest Biden admin deserves the credit rather than the agency) yes indeed they are significantly on their way to reduce potential wastage.

But this extension ends on Sep 30 2021. So all of this is to really be able to approve GCs without having people to require to do medicals again as long as they had done one in last four years.

There is no proof of this. Daily scraped data shows no increase in EB 485 approvals.

[qesehmk]

There is no proof of this. Daily scraped data shows no increase in EB 485 approvals.

That's because the case data doesn't represent reality either in terms of case density or case status. In the old days the data in various forums (e.g. trackitt) used to be decently representative of true demand at least within a few years. Now there is such a fatigue among backlogged community people have stopped caring. So I'd be careful coming to any conclusion based on such data.

I am basing my opinion simply on the fact that we actually are seeing approvals from pretty far away dates that is consistent with the way VB dates have moved.

[abcx13]

That's because the case data doesn't represent reality either in terms of case density or case status. In the old days the data in various forums (e.g. trackitt) used to be decently representative of true demand at least within a few years. Now there is such a fatigue among backlogged community people have stopped caring. So I'd be careful coming to any conclusion based on such data.

I am basing my opinion simply on the fact that we actually are seeing approvals from pretty far away dates that is consistent with the way VB dates have moved.

On the contrary, the data is far better. Forget about Trackitt. Every single case is being scraped every day now. There is no increase in 485 approvals at LIN and SRC where all the downgrade cases. They have barely approved any of the 485s filed in October 2020. They are still working on the FY19 and FY20 backlog mostly. It's true that MSC approvals, adjudicated at FOs, might be up - we don't know the split of their 485 approvals between EB/IR/FB.

The approval of PDs you are seeing is just reflective of the fact that USCIS does not process by PD. They process in order of RD or ND, regardless of PD.

[qesehmk]

I don't think every single case is being scrapped. I will believe it when I see it.

I think those cases are being scrapped that are being fed somewhere on internet.

On the contrary, the data is far better. Forget about Trackitt. Every single case is being scraped every day now. There is no increase in 485 approvals at LIN and SRC where all the downgrade cases. They have barely approved any of the 485s filed in October 2020. They are still working on the FY19 and FY20 backlog mostly. It's true that MSC approvals, adjudicated at FOs, might be up - we don't know the split of their 485 approvals between EB/IR/FB.

The approval of PDs you are seeing is just reflective of the fact that USCIS does not process by PD. They process in order of RD or ND, regardless of PD.

[sstest]

I don't think every single case is being scrapped. I will believe it when I see it.

I think those cases are being scrapped that are being fed somewhere on the internet.

Chinese group on Telegram has done a phenomenal job. There are a few other sites that also scrape all the cases. Case Tracker app on iPhone shows you precise data for up to 500 cases.

No comparison with Spec/Kanmani days directly but these provide a very pointed picture of what's happening IRL. It is clear that:
- Only a few thousand or so burst RFEs came out of the SMS / email campaign for both LIN and SRC.
- Even after 2 weeks after asking for "overnighting" medicals, we have not seen even a handful of approvals for those RFEs, while the SMS/ tweeting campaign goes on.

SRC and LIN seem to be at a standstill.

[sudebusa]

Chinese group on Telegram has done a phenomenal job. There are a few other sites that also scrape all the cases. Case Tracker app on iPhone shows you precise data for up to 500 cases.

No comparison with Spec/Kanmani days directly but these provide a very pointed picture of what's happening IRL. It is clear that:
- Only a few thousand or so burst RFEs came out of the SMS / email campaign for both LIN and SRC.
- Even after 2 weeks after asking for "overnighting" medicals, we have not seen even a handful of approvals for those RFEs, while the SMS/ tweeting campaign goes on.

SRC and LIN seem to be at a standstill.

This dashboard https://public.tableau.com/app/profile/nagesh8819/viz/SRCCaseTracker-I485DailyUpdate/I-485Status shows SRC data; there is some progress but truly minuscule compared to the pile of I-485 they are sitting on!!!

[qesehmk]

Yes but that still is a fraction of all cases. And so I would be hard pressed to arrive at any conclusions looking at that data.

If anybody has cogent argument about what all that data is telling us - I certainly would like to know.

Chinese group on Telegram has done a phenomenal job. There are a few other sites that also scrape all the cases. Case Tracker app on iPhone shows you precise data for up to 500 cases
No comparison with Spec/Kanmani days directly but these provide a very pointed picture of what's happening IRL. It is clear that:
- Only a few thousand or so burst RFEs came out of the SMS / email campaign for both LIN and SRC.
- Even after 2 weeks after asking for "overnighting" medicals, we have not seen even a handful of approvals for those RFEs, while the SMS/ tweeting campaign goes on.

SRC and LIN seem to be at a standstill.

[abcx13]

Yes but that still is a fraction of all cases. And so I would be hard pressed to arrive at any conclusions looking at that data.

If anybody has cogent argument about what all that data is telling us - I certainly would like to know.

No, Q, they are scraping ALL the receipt numbers including from 2012, 2018, 2019 and 2020, in addition to 2021. The data is on the Telegram groups (@GreenCardUpdates). I've posted links before in this thread and screenshots of the charts before they asked not to.

It is very clear that there is no change in the pace of approvals.

[qesehmk]

No, Q, they are scraping ALL the receipt numbers including from 2012, 2018, 2019 and 2020, in addition to 2021. The data is on the Telegram groups (@GreenCardUpdates). I've posted links before in this thread and screenshots of the charts before they asked not to.

It is very clear that there is no change in the pace of approvals.
They could be scrapping from any year but that doesn't mean they are scrapping all.

Have you seen case status for a million cases ?

[ImmiGiveMe]

Certainly there has been increase in the I-485 approvals in Q4 based on the various data crunching sites
(--Track it
--https://app.powerbi.com/view?r=eyJrIjoiOTAxNTE4YTktNzEzMi00ZDAzLTk5MWYtZDl mN2Q5NTg5YjNkIiwidCI6ImNiYmI0OTZlLTE5YTgtNGI1Ny1iZ DdmLTJhMzBlNTY3MjNhYiIsImMiOjF9

--https://hilites.today/uscis_cases

)

Majority from MSC which processes both FB and EB applications. IF the the approvals increase from LIN and SRC which processes only EB applications (correct me if I am wrong), then it is a good sign that the wastage of EB numbers will be minimum.

[vsivarama]

They could be scrapping from any year but that doesn't mean they are scrapping all.

Have you seen case status for a million cases ?

As per their stats they are tracking a total of 67K for Nebraska (LIN), 417k for National Benefits center (MSC) and 73k for Texas (SRC) for the year of fiscal year 21. It totally comes to about ~ 560K cases for fiscal year 2021. All of EB applications went to one of these above centers.

[inspired_p]

Certainly there has been increase in the I-485 approvals in Q4 based on the various data crunching sites
(--Track it
--https://app.powerbi.com/view?r=eyJrIjoiOTAxNTE4YTktNzEzMi00ZDAzLTk5MWYtZDl mN2Q5NTg5YjNkIiwidCI6ImNiYmI0OTZlLTE5YTgtNGI1Ny1iZ DdmLTJhMzBlNTY3MjNhYiIsImMiOjF9

--https://hilites.today/uscis_cases

)

Majority from MSC which processes both FB and EB applications. IF the the approvals increase from LIN and SRC which processes only EB applications (correct me if I am wrong), then it is a good sign that the wastage of EB numbers will be minimum.

What about applications which started as LIN but got transfer to NBC. Are those under MSC ( getting processed) or LIN ( not getting processed)?

[qesehmk]

As per their stats they are tracking a total of 67K for Nebraska (LIN), 417k for National Benefits center (MSC) and 73k for Texas (SRC) for the year of fiscal year 21. It totally comes to about ~ 560K cases for fiscal year 2021. All of EB applications went to one of these above centers.

Those are interesting and impressive numbers but again one has to dissect them by case types and priority date and country categories and then somehow also normalize that across all years to figure out your samples vs true population to figure out what's going on. I used to do all that using trackitt data. That's how this whole thread came about.

But now I don't even use trackitt frankly. In fact I stopped doing manual effort.

The problem with any such data is it is so temporal and ridden with hidden follies that it becomes useless.

That's my last on this topic. I don't mean to trash their effort at all. So please don't read it as such. All I am saying is - having data is good. But then people need to also process it the right way to come to conclusions. And if you think based on that data that 485s are not being processed fast enough - that's a fair comment. I can't subscribe to that view. I do think USCIS is on its way to process 200K cases this year and that's substantial processing considering we saw literally nothing until Trump got out of the office. In other words if Biden was president in Oct 2020, we could have seen fulll utilizations of quote.

It also means that for next year I am now much more bullish. There is going to be a ton of new numbers for 2022!!

[abcx13]

They could be scrapping from any year but that doesn't mean they are scrapping all.

Have you seen case status for a million cases ?

YES. They are tracking all 200k EB filings and also FB and IR filings received in October 2020. And same for years before that and months after that
.

[abcx13]

Those are interesting and impressive numbers but again one has to dissect them by case types and priority date and country categories and then somehow also normalize that across all years to figure out your samples vs true population to figure out what's going on. I used to do all that using trackitt data. That's how this whole thread came about.

But now I don't even use trackitt frankly. In fact I stopped doing manual effort.

The problem with any such data is it is so temporal and ridden with hidden follies that it becomes useless.

That's my last on this topic. I don't mean to trash their effort at all. So please don't read it as such. All I am saying is - having data is good. But then people need to also process it the right way to come to conclusions. And if you think based on that data that 485s are not being processed fast enough - that's a fair comment. I can't subscribe to that view. I do think USCIS is on its way to process 200K cases this year and that's substantial processing considering we saw literally nothing until Trump got out of the office. In other words if Biden was president in Oct 2020, we could have seen fulll utilizations of quote.

It also means that for next year I am now much more bullish. There is going to be a ton of new numbers for 2022!!

You don't need PD etc. The pattern is very clear - they are processing in order of Receipt number.

And yes, as someone said above, most of the increase has been at MSC/FOs. SRC and LIN have seen no improvement other than that they are slowly starting to work on FY21 cases as they, or at least LIN, clear out the backlog from prior years.

[qesehmk]

YES. They are tracking all 200k EB filings and also FB and IR filings received in October 2020. And same for years before that and months after that
.

Great. So what's the insight? How many visas will be utilized at current rate?

[Alunity]

I think 170k visa's will be utilized. 90K wastage unless USCIS assigns visa number for DQ'ed non adjudicated applicants.

[gammaray]

I think 170k visa's will be utilized. 90K wastage unless USCIS assigns visa number for DQ'ed non adjudicated applicants.

I know a lot of medical RFE's have been issued in the last few weeks, even to folks who's dates are not current (but expected to in the near future) -- with a response required in 30 days (early September) rather than the usual 87 days. This seems like an attempt to maximize visa number allotment, though not sure how it will be implemented.

[JoinedToAsk]

Those are interesting and impressive numbers but again one has to dissect them by case types and priority date and country categories and then somehow also normalize that across all years to figure out your samples vs true population to figure out what's going on. I used to do all that using trackitt data. That's how this whole thread came about.

But now I don't even use trackitt frankly. In fact I stopped doing manual effort.

The problem with any such data is it is so temporal and ridden with hidden follies that it becomes useless.

That's my last on this topic. I don't mean to trash their effort at all. So please don't read it as such. All I am saying is - having data is good. But then people need to also process it the right way to come to conclusions. And if you think based on that data that 485s are not being processed fast enough - that's a fair comment. I can't subscribe to that view. I do think USCIS is on its way to process 200K cases this year and that's substantial processing considering we saw literally nothing until Trump got out of the office. In other words if Biden was president in Oct 2020, we could have seen fulll utilizations of quote.

It also means that for next year I am now much more bullish. There is going to be a ton of new numbers for 2022!!

@Q: It seems USCIS is processing ~2K apps per day. With ~30 days to go, at least 100K will be wasted. All portals seem to be accurate because their numbers are in the ballpark i.e. ~2K/day. Moreover, the chances of all of them being wrong are small because they are all tracking FY20 and FY21 applications, which cover entire 'official processing times' for each FO. What they have done is truly incredible. This type of stuff should ideally come from the official channels.

Moreover, we can see that the processing picked up in June/July. Before this, everyone was sleeping. This wouldn't have happened if proactive attempts were made to absorb the spillover. Some field offices are still sleeping.

[abcx13]

Great. So what's the insight? How many visas will be utilized at current rate?

100k waste probably.

[qesehmk]

@Q: It seems USCIS is processing ~2K apps per day. With ~30 days to go, at least 100K will be wasted.
Thanks. @2K per day for Jun to Sep would be 170K visas over and top the 90K that USCIS usually would have processed. That would mean almost zero wastage. So we can easily rule out 100K wastage.


the processing picked up in June/July. Before this, everyone was sleeping. This wouldn't have happened if proactive attempts were made to absorb the spillover. Some field offices are still sleeping.
I do think the processing picked up after in May WhereismyGC first officially declared wastage of 56K. Then lawyers started talking about it. Then in June CO came out in June and made noise about 100K. Because of this or may be not - but Biden admin must have stepped pressure and processing picked up speed. It is unfortunate that we still might see ~55K wastage IMHO. But it won't be 100K.

[JoinedToAsk]

Thanks. @2K per day for Jun to Sep would be 170K visas over and top the 90K that USCIS usually would have processed. That would mean almost zero wastage. So we can easily rule out 100K wastage.

I do think the processing picked up after in May WhereismyGC first officially declared wastage of 56K. Then lawyers started talking about it. Then in June CO came out in June and made noise about 100K. Because of this or may be not - but Biden admin must have stepped pressure and processing picked up speed. It is unfortunate that we still might see ~55K wastage IMHO. But it won't be 100K.

No Q. 2K per day started around 7/27. Before that it was between 500 and 1000/day, of which 60-80% were FY20 receipt approvals. Moreover, this is only MSC. TSC and LIN are still between 30 and 90/day.

[ImmiGiveMe]

Approval of ~2k per day I-485 applications dose not mean that all 2k are EB. In Q4 we have 64 working days. So, total (~128K) I-485 approvals can happen and in that god knows how many will be EB.

Given USCIS penchant to approve FB more than EB, so any number less than 100K wastage is a blessing.

[Sebiswaiting]

Q - You said that you won't comment anymore, but you can't escape so easily:D. We look up to you, Spec , and others for key insights.

While I am a novice and not as experienced as some of you folks, but I have some calculations too (based on trend, viewpoints, telegram Chinese charts, USCiS statement s), and the end result comes close to what Q is saying.. around 50-60k wastage.

Here's the insight that I am getting ..
1. Q1 and Q2 EB approved = 46000
2. Charlie said in mid July that around 100k will be wasted, so based on data he had for Q3 and expected speed on Q4, he was expecting around 100k to be processed in Q3 and Q4.
I am assuming that he based it with a consideration of 40k for Q3 and 60k for Q4. I took this split considering that we saw more trend of approval in July which is part of Q3.
So I am considering Q1+Q2 = 46000, Q3 ~40000.

3. Towards end of July, there was a sudden change of pace. We started seeing lots of approval posts. Saw my friends getting GCd around/after this. Telegram charts showing similar trend as well. Considering this trend of 1.5/2k per day, Q4 should get around 100-110k EB approval.

So Q1+Q2+Q3+Q4 ~ 190K to 200K

USCIS said that they expect max approval since 2005, so they expect approval below or around 200k which is in similar line. If they expected 150k approval then I feel they wouldn't have given reference of 2005.

I so hope that max and maX gets approved. Wife's eb2 is 2014 Dec and mine 2015 June, and both changed job so new process needs to be started ..

Note - Tomorrow we have Charlie's chat, so I am sure we will have a much clearer data tomorrow, and I hope we get some positive insights.


Thanks. @2K per day for Jun to Sep would be 170K visas over and top the 90K that USCIS usually would have processed. That would mean almost zero wastage. So we can easily rule out 100K wastage.

I do think the processing picked up after in May WhereismyGC first officially declared wastage of 56K. Then lawyers started talking about it. Then in June CO came out in June and made noise about 100K. Because of this or may be not - but Biden admin must have stepped pressure and processing picked up speed. It is unfortunate that we still might see ~55K wastage IMHO. But it won't be 100K.

[Immig7]

Hello Q and other experts,

Considering tomorrow's chat with Charlie, want some help again,

1. My son's 14 and not a citizen. So that's an important criterion
2. My PD is EB2 Jan 22 2014 India

Earlier I was planning on downgrading to Eb3 come visa bulletin (My company won't downgrade until my PD is current in EB3). However, seeing the delay in I140 processing, rejection in PP and then even if 140 gets approved, delays in getting AOS approved, I was thinking whether I should stay put in Eb2. Based on how things are going, per my calculations I think EB2 FAD may be between Oct 2014 - March 2015 for fiscal year 2022.

Any thoughts whether I am going the right way. Or should i go via the downgrade, PP and wait for 485 approval? I want to get my son out of this mess asap considering he is already starting his high school this year.

Will also wait to see what Charlie has to say tomorrow,


Appreciate your inputs as always !

[qesehmk]

No Q. 2K per day started around 7/27. Before that it was between 500 and 1000/day, of which 60-80% were FY20 receipt approvals. Moreover, this is only MSC. TSC and LIN are still between 30 and 90/day.


Approval of ~2k per day I-485 applications dose not mean that all 2k are EB. In Q4 we have 64 working days. So, total (~128K) I-485 approvals can happen and in that god knows how many will be EB.

See this is why I am so hesitant to comment on other people's data. I have never visited any of these websites and I have no clue what they do and how they do it.

So I am sorry I can't take this discussion further.

[qesehmk]

Q - You said that you won't comment anymore, but you can't escape so easily:D.
I am a very gullible person who can easily be goaded into a conversation :)
I do agree with your analysis. Because of USCIS/DOS' opacity the grounds of assumptions are always shaky. But with the available information I am leaning towards 200K usage.

[qesehmk]

Hello Q and other experts,

Considering tomorrow's chat with Charlie, want some help again,

1. My son's 14 and not a citizen. So that's an important criterion
2. My PD is EB2 Jan 22 2014 India

Earlier I was planning on downgrading to Eb3 come visa bulletin (My company won't downgrade until my PD is current in EB3). However, seeing the delay in I140 processing, rejection in PP and then even if 140 gets approved, delays in getting AOS approved, I was thinking whether I should stay put in Eb2. Based on how things are going, per my calculations I think EB2 FAD may be between Oct 2014 - March 2015 for fiscal year 2022.

Any thoughts whether I am going the right way. Or should i go via the downgrade, PP and wait for 485 approval? I want to get my son out of this mess asap considering he is already starting his high school this year.

Will also wait to see what Charlie has to say tomorrow,


Appreciate your inputs as always !

If you can downgrade / upgrade - always do it without waiting. My understanding is that - in reality down or upgrading is filing yet another application for green card in other category. So if your sponsor is willing to do that - just do it.

As per which category will move faster or slower - i will let others chime in.

[Zenzone]

Hello Q and other experts,

Considering tomorrow's chat with Charlie, want some help again,

1. My son's 14 and not a citizen. So that's an important criterion
2. My PD is EB2 Jan 22 2014 India

Earlier I was planning on downgrading to Eb3 come visa bulletin (My company won't downgrade until my PD is current in EB3). However, seeing the delay in I140 processing, rejection in PP and then even if 140 gets approved, delays in getting AOS approved, I was thinking whether I should stay put in Eb2. Based on how things are going, per my calculations I think EB2 FAD may be between Oct 2014 - March 2015 for fiscal year 2022.

Any thoughts whether I am going the right way. Or should i go via the downgrade, PP and wait for 485 approval? I want to get my son out of this mess asap considering he is already starting his high school this year.

Will also wait to see what Charlie has to say tomorrow,


Appreciate your inputs as always !

If I were you, I will downgrade and not speculate as soon as the filing date is current. You may absolutely want to ensure you file concurrently in the same month too. Never take anything for granted with USCIS and its all about getting the Pprwrk. in reasonably good order ASAP to them with a sense of urgency. Wishing the very best for you and your son and I really hope you are able to freeze his legal age in coming months. I think for our PD its really tough to predict which category will move the fastest though, I somehow believe it will still be EB3 ahead of EB2 atleast for all of Q1 in fiscal 2022. But take this as just my personal opinion and please do your research.

[newyorker123]

Did anyone attend Charlie's talk today ?

[ImmiGiveMe]

Looks like there will be no movement of dates in Oct 21 VB.. On wastage, he did not say anything about less wastage than expected before....

[Positive]

If Jan 1 2014 is the EB3I final action date for Sept. 2021 & March 1 2014 is the filing date for Oct 2021, it follows that USCIS will be wasting nearly ALL extra EB visas for this year - Jan 1 2014 indicates the priority date for which visas are available now. March 2014 (filing date Oct 21 VB) indicates priority dates for which visas are expected to be availble by end of 2022 fiscal/Sept 2022. Note that the Extra visas for next fiscal are expected to be higher accounting for the extra 2 month movement.

[Positive]

Did anyone attend Charlie's talk today ?
It is a complete waste of time. He sounds like a propagandist for USCIS, giving umpteen excuses for why visas are being wasted by them. When he refuses to answer specific questions that fall in the USCIS domain, his volunteering on the extent of visa wastage by USCIS and perfectly reasonable reasons thereof makes him the lowest of the lowly scums that inhabit the US government immigration machinery.

[gammaray]

If Jan 1 2014 is the EB3I final action date for Sept. 2021 & March 1 2014 is the filing date for Oct 2021, it follows that USCIS will be wasting nearly ALL extra EB visas for this year - Jan 1 2014 indicates the priority date for which visas are available now. March 2014 (filing date Oct 21 VB) indicates priority dates for which visas are expected to be availble by end of 2022 fiscal/Sept 2022. Note that the Extra visas for next fiscal are expected to be higher accounting for the extra 2 month movement.

This is not accurate. Extra 2 months of FD movement is not for the "extra visas". FD of March 2014 was not set based on what spillover for FY 2022 is expected. Those calculations only happen after the spillover actually happens i.e. in Oct/Nov of the new fiscal. As CO mentioned FD movement projects out 8-12 months (or 6-8 months in the future if the applicants are quicker in responding to RFE, etc.).

[Positive]

This is not accurate. Extra 2 months of FD movement is not for the "extra visas". FD of March 2014 was not set based on what spillover for FY 2022 is expected. Those calculations only happen after the spillover actually happens i.e. in Oct/Nov of the new fiscal. As CO mentioned FD movement projects out 8-12 months (or 6-8 months in the future if the applicants are quicker in responding to RFE, etc.).

When did they set filing date of Jan 1 2015 for EB3 in 2021 fiscal year?

[gammaray]

When did they set filing date of Jan 1 2015 for EB3 in 2021 fiscal year?

I'm assuming that's rhetorical. Because it was October and not August or September.

[Positive]

This is not accurate. Extra 2 months of FD movement is not for the "extra visas". FD of March 2014 was not set based on what spillover for FY 2022 is expected. Those calculations only happen after the spillover actually happens i.e. in Oct/Nov of the new fiscal. As CO mentioned FD movement projects out 8-12 months (or 6-8 months in the future if the applicants are quicker in responding to RFE, etc.).

I give you Oct 2020 visa bulletin filing dates:https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

[Positive]

yeah, and Charlie said the filing date for OCt 2021 VB will be March 2014.

[qesehmk]

It is a complete waste of time. He sounds like a propagandist for USCIS, giving umpteen excuses for why visas are being wasted by them. When he refuses to answer specific questions that fall in the USCIS domain, his volunteering on the extent of visa wastage by USCIS and perfectly reasonable reasons thereof makes him the lowest of the lowly scums that inhabit the US government immigration machinery.

My impression is that USCIS showed CO who is the boss long time back when they flat out refused to honor his 485 filing dates. He may be a good guy but now his role relative to visa control is more administrative than ever.

Generally speaking US has developed a white man's sub-culture that is utterly afraid of Indian men who they would like to treat like black men but just can't. Indians can't be boxed into the stereotypes that they use for black men. And as a result this Trumpian subculture is afraid of Indians who are taking away their well paid jobs. The same people were not at all worried when that happened to their brothers in Ohio Michigan Indiana Wisconsin and the entire rust belt was outsourced to China. But with Indians taking away the best of the best white collar jobs and now the hell has broken loose.

That's the real reason behind all the inefficiency. I have an open challenge to USCIS. I will cut their costs in half and deliver twice as output in 3 years. Anybody in USCIS listening reach out to me.

[Positive]

My impression is that USCIS showed CO who is the boss long time back when they flat out refused to honor his 485 filing dates. He may be a good guy but now his role relative to visa control is more administrative than ever.

Generally speaking US has developed a white man's sub-culture that is utterly afraid of Indian men who they would like to treat like black men but just can't. Indians can't be boxed into the stereotypes that they use for black men. And as a result this Trumpian subculture is afraid of Indians who are taking away their well paid jobs. The same people were not at all worried when that happened to their brothers in Ohio Michigan Indiana Wisconsin and the entire rust belt was outsourced to China. But with Indians taking away the best of the best white collar jobs and now the hell has broken loose.

That's the real reason behind all the inefficiency. I have an open challenge to USCIS. I will cut their costs in half and deliver twice as output in 3 years. Anybody in USCIS listening reach out to me.

The only thing I would add is that this animosity to Indians is across the board and cuts across party lines. As for Charlie, my problem with him is him preening on live video every month for NO GOOD REASON. The only people who care about VB dates are backlogged Indians and he has little control over their fate. Also, he doesn't have to defend USCIS, he can take his otherwise no comments on USCIS matters line. But no, he takes the initiative to go praising them for not doing their jobs and justify it. Also, the family visa guys in the US keep begging him to move dates when visas are available and going unused at the consulates but he keeps repeating they have enough application (at the consulates which they are not processing and may not for the foreseeable future). He goes for the hypothetical of consulated opening up full steam tomorrow. He is an excuse for a human being. I don't care if he is a good man. The path to hell is paved with good intentions.

[qesehmk]

The only thing I would add is that this animosity to Indians is across the board and cuts across party lines.
at times yes.

As for Charlie, my problem with him is him preening on live video every month for NO GOOD REASON.
Couldn't agree more! He should really think hard what's the point if he cant be of use.

He is an excuse for a human being.
That's going too far. Don't take this personally. He is just part of the system and could very well be a friend for all you know. At the very least he is trying to face people and answer some questions.

The path to hell is paved with good intentions.
That's so profound - I am going to remember this.

[gammaray]

I give you Oct 2020 visa bulletin filing dates:https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html

huh? So what's your point? It was October last year when the spillover was factored in. It's August now.
The reasons the FD remains the same for October FY22 are various factors -- given the slug of demand last October they probably need to determine the actual (and not anticipated) carryover demand, the Meng amendment that CO referenced might be in play, and USCIS still trying to process applications from Oct. 2021. Opening the dates further will only overwhelm them further. Co is being conservative for the reasons listed to avoid retrogression as much as possible as he indicated.

[gammaray]

The only thing I would add is that this animosity to Indians is across the board and cuts across party lines. As for Charlie, my problem with him is him preening on live video every month for NO GOOD REASON. The only people who care about VB dates are backlogged Indians and he has little control over their fate. Also, he doesn't have to defend USCIS, he can take his otherwise no comments on USCIS matters line. But no, he takes the initiative to go praising them for not doing their jobs and justify it. Also, the family visa guys in the US keep begging him to move dates when visas are available and going unused at the consulates but he keeps repeating they have enough application (at the consulates which they are not processing and may not for the foreseeable future). He goes for the hypothetical of consulated opening up full steam tomorrow. He is an excuse for a human being. I don't care if he is a good man. The path to hell is paved with good intentions.

What is amusing is the sense of entitlement and the need for degrading other human beings. The inefficiencies of the state department and USCIS are not the cause of decades of wait times. It may add weeks or months but not the years that people are disgruntled about. People need to look inward first, to their own community, on how the backlog was exacerbated with exploitation by their own community (IT companies, etc.) in addition to the archaic and inherently flawed laws of this country with respect to employment immigration.

And I'll repeat my feelings on the subject -- no country on earth has the volume of immigrants that this country sees and processes, and I am willing to bet in most other countries processing would be much worse at these volumes. That's not a justification, just reality.

[Positive]

at times yes.

Couldn't agree more! He should really think hard what's the point if he cant be of use.

That's going too far. Don't take this personally. He is just part of the system and could very well be a friend for all you know. At the very least he is trying to face people and answer some questions.

That's so profound - I am going to remember this.

:) Charlie has done little to nothing to use his position to help. What kind of friend does that. Not just that he refuses to use his powers to force USCIS' hand, he goes all in licking their boots. There is really no room left anymore to give him the benefit of doubt. A lot of Charlie's good reputation is built on a) him making everyone current in 2007 to force USCIS's hand; b) good PR from his chats with AILA (before he started these public chats), which the lawyers really valued and couldn't stop gushing over his good intentions to their clients (us) about it. The 2007 days are gone as you noted. The perspective of AILA lawyers isn't the same as ours. They have no real skin in this game. Most couldn't care less how long Indians are stuck in the backlog. In fact, I have not come across a more incompetent, inefficient or malfeasant bunch of layers than immigration lawyers. It may be partly because they deal with the most incompetent and malfeasant govt agency of all; partly because the victims of their incompetence and malfeasance are both docile (as would be immigrants) and powerless (as beneficiaries rather than sponsors) and are rarely able to stick around to be able to sue or otherwise complain. The sponsor companies/clients couldn't care less for the loss or harm to some cogs in their wheels. But I digress.. In fact, one could argue that continuing backlogs is good for business for the immigration lawyers. So, they probably not just look at the backlog dispassionately but rather gleefully. No wonder that can't stop gushing about Charlie.

[qesehmk]

:) Charlie has done little to nothing to use his position to help. What kind of friend does that. Not just that he refuses to use his powers to force USCIS' hand, he goes all in licking their boots. There is really no room left anymore to give him the benefit of doubt. A lot of Charlie's good reputation is built on a) him making everyone current in 2007 to force USCIS's hand; b) good PR from his chats with AILA (before he started these public chats), which the lawyers really valued and couldn't stop gushing over his good intentions to their clients (us) about it. The 2007 days are gone as you noted. The perspective of AILA lawyers isn't the same as ours. They have no real skin in this game. Most couldn't care less how long Indians are stuck in the backlog. In fact, I have not come across a more incompetent, inefficient or malfeasant bunch of layers than immigration lawyers. It may be partly because they deal with the most incompetent and malfeasant govt agency of all; partly because the victims of their incompetence and malfeasance are both docile (as would be immigrants) and powerless (as beneficiaries rather than sponsors) and are rarely able to stick around to be able to sue or otherwise complain. The sponsor companies/clients couldn't care less for the loss or harm to some cogs in their wheels. But I digress.. In fact, one could argue that continuing backlogs is good for business for the immigration lawyers. So, they probably not just look at the backlog dispassionately but rather gleefully. No wonder that can't stop gushing about Charlie.

I have said this hundreds of times in last 11 years I am running this forum - that except for backlogged people - EB-IC backlog is a win-win-win-win for sponsors, lawyers, anti-immigrants, and USCIS!!

I will have to respectfully disagree with CO's characterization though. Could he do better? Perhaps. Is he a villain? Absolutely not.

[Sebiswaiting]

Irrelevant to this beloved thread. But I just want to add that the rant on CO isnt nice to read or feels right. CO is doing what he can do in his limited power. If not CO, there can be another person who will have to do same calculations.
If you see past few years, utilization has been near 95-100% , so his calculations aren't really off at least in recent years, even when a terribly anti presidency was in.
It is easy to find and demonize 'others' like CO, or L1s, or H1bs, or students , but fact is that the immigration system need some overhaul and a lot of people are extremely talented in finding loopholes to exploit.

Coming to numbers:
CO didn't specify what is his expectation in wastage.
Collating the variables/unknowns he stated/implied in few statement,
1. Downgraded numbers are still not clear.
2. Pending legislation on blocking spillover ..this time is being considered (does it have more chance this year)
3. Actual usage in 2021

There might be other unstated factors too like pulling USCIS resources for Afgan related processing.

Considering all these, and I guess learning from this year, he stated that by Nov bulletin he will be in better state to adjust FD for 2022. And in Oct bulletin , at best EB2 FD may move forward.
Eb3 won't move to 2016 in any chance, however he also didn't imply for any retrogression. I am hoping that USCIs makes case for added human resources/contractors.

[Immig7]

Thanks Q. Bur our company does an amendment and does not file a new I140 during the downgrade. So basically Eb2 is no longer active.
Plus the fact that with what CO says said, there's no clarity what so ever on what's in store. Such a mess.

[Immig7]

Yeah, yesterday i was crunching some numbers - based on the stats available in USCIS. The priority dates that are there today, kind of match the visa numbers that were available for FY 2021. God knows why the new additions in FY 2022, do not change the dates at all - unless CO is purposefully waiting for the Ming appointment so he doesnt have to adjust later. I just hope thats what it is and November sees a change. It's just utterly painful.

[gammaray]

Irrelevant to this beloved thread. But I just want to add that the rant on CO isnt nice to read or feels right. CO is doing what he can do in his limited power. If not CO, there can be another person who will have to do same calculations.
If you see past few years, utilization has been near 95-100% , so his calculations aren't really off at least in recent years, even when a terribly anti presidency was in.
It is easy to find and demonize 'others' like CO, or L1s, or H1bs, or students , but fact is that the immigration system need some overhaul and a lot of people are extremely talented in finding loopholes to exploit.

Coming to numbers:
CO didn't specify what is his expectation in wastage.
Collating the variables/unknowns he stated/implied in few statement,
1. Downgraded numbers are still not clear.
2. Pending legislation on blocking spillover ..this time is being considered (does it have more chance this year)
3. Actual usage in 2021

There might be other unstated factors too like pulling USCIS resources for Afgan related processing.

Considering all these, and I guess learning from this year, he stated that by Nov bulletin he will be in better state to adjust FD for 2022. And in Oct bulletin , at best EB2 FD may move forward.
Eb3 won't move to 2016 in any chance, however he also didn't imply for any retrogression. I am hoping that USCIs makes case for added human resources/contractors.

I *think* he said EB2 FAD may move forward. FD's likely not changing till later.

[gammaray]

Yeah, yesterday i was crunching some numbers - based on the stats available in USCIS. The priority dates that are there today, kind of match the visa numbers that were available for FY 2021. God knows why the new additions in FY 2022, do not change the dates at all - unless CO is purposefully waiting for the Ming appointment so he doesnt have to adjust later. I just hope thats what it is and November sees a change. It's just utterly painful.

That's the sense I got, reasons for Oct FY22 dates not moving (except potentially EB2 FAD):
-Potential legislation
- Overwhelming number of applications still being processed (USCIS workload at capacity without new hiring)
- Clarity on the actual number of carryover demand from FY21 to FY22.
- Need to avoid retrogression at end of FY22.

[vsivarama]

That's the sense I got, reasons for Oct FY22 dates not moving (except potentially EB2 FAD):
-Potential legislation
- Overwhelming number of applications still being processed (USCIS workload at capacity without new hiring)
- Clarity on the actual number of carryover demand from FY21 to FY22.
- Need to avoid retrogression at end of FY22.

Why are we taking into account the potential legislation? Charlie cannot break the law to wait and watch for a potential legislation. I believe he thinks USCIS will be wasting close to 100K and based on the current demand at hand the next year spillover would align well so as to not move the dates.

[Immig7]

He did talk about the waste that he was very concerned. However, that doesn't negate the fact that there will be atleast 260K new visas which would warrant some date movement. But I think as he said he will have better clarity in Nov. So he is perhaps buying more time, plus wants to prevent any retrogression should Ming's amendment come true. Thats my thought.

But one thing is true, he would have saved a lot of desperation if he would have just been open and clear about the same.

Another thing is each question was specifically talking about Oct bulletin. I was waiting for them to pick up a generic one , saying what's the projection for FY 2022. Perhaps his answer would have been a little different. He answered exactly to the question which was only about Oct bulletin. So perhaps a lesson that we can keep the question to FY instead of a specific month - waiting a few months is better than waiting a decade :(

[rave79]

at times yes.

Couldn't agree more! He should really think hard what's the point if he cant be of use.

That's going too far. Don't take this personally. He is just part of the system and could very well be a friend for all you know. At the very least he is trying to face people and answer some questions.

That's so profound - I am going to remember this.


rather than animosity I think it is the learning they had dealing with Chinese immigration and how they basically overwhelmed them inside and outside. They abosulutely do not want to repeat with Indians/india although these 2 countries polar opposites

[Positive]

huh? So what's your point? It was October last year when the spillover was factored in. It's August now.
The reasons the FD remains the same for October FY22 are various factors -- given the slug of demand last October they probably need to determine the actual (and not anticipated) carryover demand, the Meng amendment that CO referenced might be in play, and USCIS still trying to process applications from Oct. 2021. Opening the dates further will only overwhelm them further. Co is being conservative for the reasons listed to avoid retrogression as much as possible as he indicated.

How does it matter if it is August. What dates the October VB carries is what matters. You disputed by statement on anticipated wastage based on the dates Charlie gave out. It has been the stated position of Charlie, DOS and USCIS that the filing dates represent where the final action dates are anticipated to be at the end of the fiscal year. Now wishy washy statements about 6-8 months, making advance accomodation for a POTENTIAL immigration law change etc. are just pathetic excuses for arriving at a predetermined outcome, wasting as many spillover visas as possible.

[Positive]

Why are we taking into account the potential legislation? Charlie cannot break the law to wait and watch for a potential legislation. I believe he thinks USCIS will be wasting close to 100K and based on the current demand at hand the next year spillover would align well so as to not move the dates.

This! totally agree.

[Positive]

What is amusing is the sense of entitlement and the need for degrading other human beings. The inefficiencies of the state department and USCIS are not the cause of decades of wait times. It may add weeks or months but not the years that people are disgruntled about. People need to look inward first, to their own community, on how the backlog was exacerbated with exploitation by their own community (IT companies, etc.) in addition to the archaic and inherently flawed laws of this country with respect to employment immigration.

And I'll repeat my feelings on the subject -- no country on earth has the volume of immigrants that this country sees and processes, and I am willing to bet in most other countries processing would be much worse at these volumes. That's not a justification, just reality.

Sure, I do feel a sense of entitlement after working in this country for 15+ years and paying taxes. Taxation without representation is fundamentally unfair. I am not even complaining about country caps and what not, just what we are entitled to under the law by an agency funded by fees that we pay for that service. That alone and an year's notice takes away any reasonable excuse to not properly manage the work load. The plain fact is these would not be wasted if the the agency had the will to issue those visas. Charlie's empty lip service to us stake holders, month after month, justifies the scorn I have for him. The US takes in far fewer immigrants than many other countries, as a percentage of their population. You may feel obligated and grateful that they are taking you in I don't. I do feel entitled and in fact aggrieved and unfairly treated. Everyone is entitled to their opinions.

[skpanda]

I know a lot of medical RFE's have been issued in the last few weeks, even to folks who's dates are not current (but expected to in the near future) -- with a response required in 30 days (early September) rather than the usual 87 days. This seems like an attempt to maximize visa number allotment, though not sure how it will be implemented.

I received a RFE with almost 3 months due date. Received on 4th August - expected response by 1st Nov.

[qesehmk]

Sure, I do feel a sense of entitlement after working in this country for 15+ years and paying taxes. Taxation without representation is fundamentally unfair. I am not even complaining about country caps and what not, just what we are entitled to under the law by an agency funded by fees that we pay for that service. That alone and an year's notice takes away any reasonable excuse to not properly manage the work load. The plain fact is these would not be wasted if the the agency had the will to issue those visas. Charlie's empty lip service to us stake holders, month after month, justifies the scorn I have for him. The US takes in far fewer immigrants than many other countries, as a percentage of their population. You may feel obligated and grateful that they are taking you in I don't. I do feel entitled and in fact aggrieved and unfairly treated. Everyone is entitled to their opinions.

Indeed Positive. Everybody earns their way into US. There are no favors.

Despite all doom and gloom of yesteryears, these are some of the best times for backlogged folks. Don't let yourself fall prey to despair. Cheer up!

[gammaray]

How does it matter if it is August. What dates the October VB carries is what matters. You disputed by statement on anticipated wastage based on the dates Charlie gave out. It has been the stated position of Charlie, DOS and USCIS that the filing dates represent where the final action dates are anticipated to be at the end of the fiscal year. Now wishy washy statements about 6-8 months, making advance accomodation for a POTENTIAL immigration law change etc. are just pathetic excuses for arriving at a predetermined outcome, wasting as many spillover visas as possible.

Predetermined outcome? Perhaps you are in the wrong 'Q' forum-- there is another group that welcomes all kind of conspiracy theories. If you can't understand how an agency (especially a government one) or company functions and the logic of the fact that the pandemic reduced work capacity by 30-40 percent for most of the year and a near 70 percent increase in applications at the same time, then this is a moot discussion. Could they have seen it coming and planned better? Or hired more and trained staff (which would take 6+ months)? Sure. But as I insinuated companies and government agencies don't turn on and off like a switch, it takes time for changes to take place and that is only after there is a directive from the administration to start with. And if you knew anything about the previous administration and the current state of congress where it took months to even just confirm the USCIS director, you would perhaps understand.

I wasn't disputing the anticipated wasted, as I said logically that was always bound to happen -- Reduced work capacity + many-fold increase in work does not equal to more applications being processed. I was disputing the fact that moving the FD to March 2014, 2 months more than the original retrogressed Jan 2014 date was linked to the calculations of demand and visa availability for FY22, which by your reasoning, had to be already conducted in July/August of 2021. Which is plain false.

[gammaray]

Sure, I do feel a sense of entitlement after working in this country for 15+ years and paying taxes. Taxation without representation is fundamentally unfair. I am not even complaining about country caps and what not, just what we are entitled to under the law by an agency funded by fees that we pay for that service. That alone and an year's notice takes away any reasonable excuse to not properly manage the work load. The plain fact is these would not be wasted if the the agency had the will to issue those visas. Charlie's empty lip service to us stake holders, month after month, justifies the scorn I have for him. The US takes in far fewer immigrants than many other countries, as a percentage of their population. You may feel obligated and grateful that they are taking you in I don't. I do feel entitled and in fact aggrieved and unfairly treated. Everyone is entitled to their opinions.

Entitled by law? Please let us know where the law states that the application has to be processed in a certain time. It has to be processed, yes, and it will be. I have been in this country much longer than 15 years and paid more taxes -- but how is working and paying taxes make one entitled? Paying taxes is the law of every land, everyone does it, it's the price to pay to live in society to use the infrastructure and the comforts of the society you live in. It's not a favor you or anyone is doing to this country.

That's the issue, you should be complaining about country caps and trying to correct that wrong because that is the root cause of the issue. Not administrative delays. but as you say everyone is entitled to their opinion as misplaced as they may be.

I am not "obligated or grateful" for "anyone taking me in". It is my choice and decision to be here, and so is yours. If other countries are so much better at and treat everyone fairly then why live in an aggravated state for decades here? (rhetorical)

Using a per capita immigrant number for immigration processing time is just falsified logic. Can't compare million plus applications every year vs 1000s for a smaller country.

[gammaray]

I received a RFE with almost 3 months due date. Received on 4th August - expected response by 1st Nov.

Interesting, mine (and a few folks I know) was 30 days, and specifically had language mentioning the Sept 30 deadline for FY21.

[gammaray]

Why are we taking into account the potential legislation? Charlie cannot break the law to wait and watch for a potential legislation. I believe he thinks USCIS will be wasting close to 100K and based on the current demand at hand the next year spillover would align well so as to not move the dates.

I am not sure what law he's breaking. It is his discretion to implement the date ranges when he wants to, based on his judgement and the data.

He "believes" 100K will be wasted? If he can take into account *potential* wastage (and it's potential till he gets the actual numbers in Oct--- which is my entire point) to set future dates, why can't he take into account potential legislation (especially if he is privy to inside information that the legislation is a real possibility)? His end goal is balancing maximizing utilization of available visa's and also prevent any visa retrogression which would look extremely bad and burn a lot of people.

[qesehmk]

you should be complaining about country caps and trying to correct that wrong because that is the root cause of the issue. Not administrative delays.

Country caps is the root of evil. But administrative delays and discrimination has significantly hurt EB-IC community. Very significantly.

[gammaray]

Country caps is the root of evil. But administrative delays and discrimination has significantly hurt EB-IC community. Very significantly.

Discrimination is subjective and difficult to factor into anything, and does extend to all walks of life. Walking into a club is different for a person of color vs a white person, for example.

But yes I can see how admin delays could affect EB1's (and ROW for that matter) since they are current and even a few weeks or months is substantial for them ( But again the admin delays can be linked to resource management with is tied directly to the budget and will of the administration/Congress) . Most people here and in the backlog are not EB1's and my point was more from a decade or more of wait time that people have experienced and are frustrated by, and that is only because of the flawed law and the inability and lack of will of Congress to change it or better the system.

[qesehmk]

Discrimination is not as difficult to figure out. It is in your face only if you are willing to see it. DOS and/or USCIS ever since 2008 have actively worked their way through all ROW backlog in PERM I-140 and 485 and later on in CP too. They have consistently prioritized everybody else of India and China backlogs. They have interpreted laws in a manner that has hurt EBIC e.g. in the old days they would interpret spillover vertical until courts forced them to do spillover within category before they could give visas to next category same country. Even right now they have been interpreting country limit across EB and FB and conveniently giving away more visas to non backlogged countries just to starve EB-IC. On top of all of this they have plainly wasted thousands of visas even in non-covid years. Now when COVID presents a huge opportunity then they are wasting not one or two thousands but 50-100 thousands. This is clear bias.

So other than country cap this bias has significantly hurt EBIC.

Discrimination is subjective and difficult to factor into anything, and does extend to all walks of life. Walking into a club is different for a person of color vs a white person, for example.

But yes I can see how admin delays could affect EB1's (and ROW for that matter) since they are current and even a few weeks or months is substantial for them ( But again the admin delays can be linked to resource management with is tied directly to the budget and will of the administration/Congress) . Most people here and in the backlog are not EB1's and my point was more from a decade or more of wait time that people have experienced and are frustrated by, and that is only because of the flawed law and the inability and lack of will of Congress to change it or better the system.

[gammaray]

Discrimination is not as difficult to figure out. It is in your face only if you are willing to see it. DOS and/or USCIS ever since 2008 have actively worked their way through all ROW backlog in PERM I-140 and 485 and later on in CP too. They have consistently prioritized everybody else of India and China backlogs. They have interpreted laws in a manner that has hurt EBIC e.g. in the old days they would interpret spillover vertical until courts forced them to do spillover within category before they could give visas to next category same country. Even right now they have been interpreting country limit across EB and FB and conveniently giving away more visas to non backlogged countries just to starve EB-IC. On top of all of this they have plainly wasted thousands of visas even in non-covid years. Now when COVID presents a huge opportunity then they are wasting not one or two thousands but 50-100 thousands. This is clear bias.

So other than country cap this bias has significantly hurt EBIC.

Are you saying there is directive, an internal memo, from USCIS or DHS directing employees to be biased against Indians and Chinese applicants? Or are the individual employees when coming across a Indian/Chinese case decide to shelve it on their own accord and concentrate on ROW? Maybe you have more information than I do. I only know what the law says regarding spillovers within categories and how things should be processed and trust the USCIS is following that protocol, unless someone presents actual proof of the contrary.

The simple explanation could be imo that as with all government agencies in most countries, they are not 100% efficient. So even in a normal year there is 5-10% loss in efficiency which in a covid year with substantially more applications, the efficiency is obviously much lower.

[qesehmk]

Are you saying there is directive, an internal memo, from USCIS or DHS directing employees to be biased against Indians and Chinese applicants? Or are the individual employees when coming across a Indian/Chinese case decide to shelve it on their own accord and concentrate on ROW? Maybe you have more information than I do. I only know what the law says regarding spillovers within categories and how things should be processed and trust the USCIS is following that protocol, unless someone presents actual proof of the contrary.

The simple explanation could be imo that as with all government agencies in most countries, they are not 100% efficient. So even in a normal year there is 5-10% loss in efficiency which in a covid year with substantially more applications, the efficiency is obviously much lower.
I am saying there is all this circumstantial evidence of these two agencies prioritizing ALL OTHER applications over EB-IC backlog. I do not believe that is coincidence magic or happenstance.

p.s. - And by the way does or did KKK issue memos to discriminate/lynch blacks? No. That's now how world works.

[Waiting4GC]

Are you saying there is directive, an internal memo, from USCIS or DHS directing employees to be biased against Indians and Chinese applicants? Or are the individual employees when coming across a Indian/Chinese case decide to shelve it on their own accord and concentrate on ROW? Maybe you have more information than I do. I only know what the law says regarding spillovers within categories and how things should be processed and trust the USCIS is following that protocol, unless someone presents actual proof of the contrary.

The simple explanation could be imo that as with all government agencies in most countries, they are not 100% efficient. So even in a normal year there is 5-10% loss in efficiency which in a covid year with substantially more applications, the efficiency is obviously much lower.

One can choose to turn a blind eye and see everything green. Or you can accept the fact that USCIS knew at least a year in advance that they will need the capacity to process 250K visas. You can tell yourself what actions they took in light of that knowledge. The proof is in the pudding and we all know they only processed 40K visas out of 260K in the first two quarters. Now they have advance knowledge of some potential legislation and you see what action they are taking in light of that knowledge. They are proactive and blocking the advantage to EB-I candidates in anticipation of that knowledge. If one does not see the bias in their actions depending upon it is pro or against EB-ICs interests, I am not sure how can anyone convince.

[gammaray]

I am saying there is all this circumstantial evidence of these two agencies prioritizing ALL OTHER applications over EB-IC backlog. I do not believe that is coincidence magic or happenstance.

p.s. - And by the way does or did KKK issue memos to discriminate/lynch blacks? No. That's now how world works.

So every employee of USCIS like the KKK is white and racist and biased against a particular community. Got it.

[gammaray]

One can choose to turn a blind eye and see everything green. Or you can accept the fact that USCIS knew at least a year in advance that they will need the capacity to process 250K visas. You can tell yourself what actions they took in light of that knowledge. The proof is in the pudding and we all know they only processed 40K visas out of 260K in the first two quarters. Now they have advance knowledge of some potential legislation and you see what action they are taking in light of that knowledge. They are proactive and blocking the advantage to EB-I candidates in anticipation of that knowledge. If one does not see the bias in their actions depending upon it is pro or against EB-ICs interests, I am not sure how can anyone convince.

At least an year? The pandemic began in March/April of 2020 with things shutting down in May. The financial year started in October 2021. Even if they somehow foresaw the additional visas on Day 1 of the pandemic, that's 5 months, the pandemic was still raging with work places shut down and everyone adjusting to working remotely. And you do realize which administration was in charge for the first quarter and a month right? And appointees of that administration still in charge for a longer period after the administration was gone.

[qesehmk]

So every employee of USCIS like the KKK is white and racist and biased against a particular community. Got it.
That's what you understood? Ok.

[gammaray]

That's what you understood? Ok.

Well yeah, you brought up the comparison with KKK and how they don't need memo's or directives. So a government agency and thus individual employees must be similar in there inherent racism to act as group without any directive and target a particular community.

[qesehmk]

Well yeah, you brought up the comparison with KKK and how they don't need memo's or directives. So a government agency must be similar in there inherent racism to act as group without any directive and target a particular community.

You missed the part that America is bigger than KKK and that a government agency can have a strong bias without every single of its members being discriminatory. The problem with you is that you are only interested in arguing rather than understanding. I gave you very specific reasons of why I think those agencies seem to have significant bias. And you get into silly arguments. What's the point?

[3nov10]

So every employee of USCIS like the KKK is white and racist and biased against a particular community. Got it.

Well may be not full KKK, but atleat KK :D.

Jokes aside it is extremely easy to introduce bias. Law are specifically created in a way that is easy to manipulate them by the people who know them.

A blond young girl with a french accent, driving 15 miles above speed limit might get away with a warning, but a fat, balding Indian man will definitely get a ticket. It's not because the officer is a card holding member of KKK but this is just how the world works.

Interpretation of spill over is definitely biased against Indians, just looking at the past applications of the same law shows that.

Did the law change to make USCIS accept medicals from last 2 years to 4 years old. We can go on making such in favor/ against arguments.

The bias is clear and it shows. It is very easy to introduce it at top level and it will follow through downstream without effort, no matter how "Woke" or "racist" an officer is, they can't bypass instructions.

[vsivarama]

I am not sure what law he's breaking. It is his discretion to implement the date ranges when he wants to, based on his judgement and the data.

He "believes" 100K will be wasted? If he can take into account *potential* wastage (and it's potential till he gets the actual numbers in Oct--- which is my entire point) to set future dates, why can't he take into account potential legislation (especially if he is privy to inside information that the legislation is a real possibility)? His end goal is balancing maximizing utilization of available visa's and also prevent any visa retrogression which would look extremely bad and burn a lot of people.

I disagree whole heartedly with this statement. It is not his discretion to implement the date ranges when he wants to if it's in direct violation of the prevailing law (no amount of discussion in this topic is going to change my mind as it's a very black/white issue for me). Yes, if the new legislation passes before Sept 30th it's a different discussion. Charlie can use his discretion as long as he is operating within the confines of the law. Unused FB numbers spillover to EB and unused EB numbers spillover to FB. That is the current law of the land. He should have idea about accurate unused numbers by mid October, He definitely will have an approximate estimate by mid September. He can take into account potential wastage but he should not be taking into account potential legislation (at least not until it is ratified). If he has the authority to do so why does he not comment on pending legislation in chat with charlie? No congressman can question him if he follows the prevailing law at the time. But people can hold him into account for not following the prevailing law. So what if Meng amendment does not pass and he is forced to move dates at a later time. Isn't he not now complicit in breaking the law and wasting more visa numbers on top of that?

[Waiting4GC]

At least an year? The pandemic began in March/April of 2020. The financial year started in October 2021. Even if they somehow foresaw the additional visas on Day 1 of the pandemic, that's 5 months, the pandemic was still raging with work places shut down and everyone adjusting to working remotely. And you do realize which administration was in charge for the first quarter and a month right? And appointees of that administration still in charge for a longer period after the administration was gone.

Are you saying the USCIS cared for EB-I candidates during the previous administration OR that USICS did not care for EB-I because of the previous administration? Either way, USCIS did not care for EB-I candidates and that is the point. No one cares for EB-India candidates.

The new administration is no different at all either and maybe even worse in some aspects. They are not only are proposing the amendment to stop spillover which will directly harm EB-I candidates, but they are being proactive in not spilling over the visas to FY22 as per the existing law even though the amendment is not yet passed. Leave aside this administration sitting duck on Eagle or any other legislation to remove the country cap.

[JoinedToAsk]

I have a strong hypothesis based on 1) EB1 forum (e.g. a lot MSC21903,4,7,8 series are getting processed) and 2) Telegram data that shows that EB1s (highly correlated) with received date in Feb/March are prioritized these days.

Assuming I am right, does anyone know why this could be the case?

I thought about a couple of possibilities:

1) Prioritize EB1 to get a sense of spillover to EB2 -> EB3. This means that Aug will be for EB1, and Sept will be for EB2/3. Meaning, reduce EB1India backlog then focus on EB2 or EB3. > In this case, there is some chance for EB2/3 in Sept 2021.

2) Allocate as many visas as possible to EB1 (and maybe FB) until 9/30. This means that EB2/3 might or not get visas, even though they are current or there are slots available. Meaning, the sole purpose is to minimize the wastage of EB1. > In this case, there is almost no chance for EB2/3 to get green before 9/30.

Why am I asking this question? I've received I485J about a month ago. I see a lot of Eb2/3 who have sent RFEs (and confirmed received) in June and are yet to get green.

Any thoughts?

[gammaray]

You missed the part that America is bigger than KKK and that a government agency can have a strong bias without every single of its members being discriminatory. The problem with you is that you are only interested in arguing rather than understanding. I gave you very specific reasons of why I think those agencies seem to have significant bias. And you get into silly arguments. What's the point?

Not interested in arguing. And I don't see any specific reasons mentioned anywhere for significant systematic bias to understand anything. Just mention of circumstantial (or anecdotal?) evidence of the bias. Does the fact that EB1C-I is the most abused category have anything to do with the agency specifically targeting a category? I guess that will never be considered just targeted inherent bias.

[qesehmk]

Not interested in arguing. And I don't see any specific reasons mentioned anywhere for significant systematic bias to understand anything. Just mention of circumstantial (or anecdotal?) evidence of the bias. Does the fact that EB1C-I is the most abused category have anything to do with the agency specifically targeting a category? I guess that will never be considered just targeted inherent bias.
I have no time for this. Good luck. I have mentioned very very specific systemic elimination of PERM 140 485 and CP backlogs as well as spillover and country cap interpretations - not to mention prior visa wastage and potentially 6 figure wastage. Other people can mention all other rules around medicals and all kinds of useless RFEs from people who are practically now US citizens having lived 2 decades in this country. And you think this not indication of bias.

Good luck to you.

[Positive]

USCIS was working remotely from the very beginning. https://fcw.com/articles/2020/03/10/sec-uscis-telework-russell.aspx I have not heard of recruitment or efficiency going down among any remote workers. I remember when USCIS employees were begging on social media about saving their jobs. https://www.govexec.com/workforce/2020/06/dhs-begin-sending-furlough-notices-15000-employees-next-week/166096/ And then dates were moved ahead for EBI and USCIS became flush with cash again.While those who perpetrate injuctice and unfairness obviously cause harm, those who remain silent in the face of injustice aren't blameless. The most harmful are those among the oppressed who join ranks with opressors in justifying the oppression. Clarence Thomas comes to mind. History is replete with such unscrupolous characters.

[FarAwayfromGC]

Not interested in arguing. And I don't see any specific reasons mentioned anywhere for significant systematic bias to understand anything. Just mention of circumstantial (or anecdotal?) evidence of the bias. Does the fact that EB1C-I is the most abused category have anything to do with the agency specifically targeting a category? I guess that will never be considered just targeted inherent bias.

Looking at your response and arguments, you seem like one of those who do not understand what is "biased against XXXX". Significant systematic bias is existent in US from long time, you should read US history to see specific reasons for significant systematic bias and also read about Civil war, if you still don't understand what is "systematic bias" then don't worry , the reading will anyway help for your Citizenship exam.

[maverick2010]

Friends,

My I-485 case changed to "New Card is Being Produced " today. This happy news didn't give me enough happiness since my new employer has not filed I-485J yet(It's been 6 weeks since I joined) - I'm little worried now. Can you please let me know filing I-485J in next couple of days or before I receive the physical card in hand is good enough?

Thank you!

[gammaray]

I will post one last time without responding to anyone particular so no one feels obligated to write back.

USCIS processing includes third party sites like lockboxes and biometric centers that are integral to the process and can't be done remotely. Applications have to be processed physically at lockboxes; letters, rfe's have to be mailed physically by someone.

But people want to believe its racism or bias that's the cause of administrative delay for all of EB-I categories, and some piling on to just EB1C-I. Widespread abuse in EB1C couldn't possibly be the reason why certain category of people are issued more RFE's or scrutinized more. I must really be stupid (yes I read that) to even think that. Hell American history has is it, and there was a civil war, so it must be true. Hence proved.

[vsivarama]

Friends,

My I-485 case changed to "New Card is Being Produced " today. This happy news didn't give me enough happiness since my new employer has not filed I-485J yet(It's been 6 weeks since I joined) - I'm little worried now. Can you please let me know filing I-485J in next couple of days or before I receive the physical card in hand is good enough?

Thank you!


Congrats Maverick!!! All the best for your future!!

[gammaray]

Friends,

My I-485 case changed to "New Card is Being Produced " today. This happy news didn't give me enough happiness since my new employer has not filed I-485J yet(It's been 6 weeks since I joined) - I'm little worried now. Can you please let me know filing I-485J in next couple of days or before I receive the physical card in hand is good enough?

Thank you!

I would think updating the USCIS file for accurate information would be advisable to avoid possible issues during naturalization. You definitely need to check with your legal advisor for the way forward asap. Good luck.

[maverick2010]

I would think updating the USCIS file for accurate information would be advisable to avoid possible issues during naturalization. You definitely need to check with your legal advisor for the way forward asap. Good luck.

My lawfirm named Fman and my employer legal counsel is not recommending to send I-485J now. I'm trying to convince them - not a good situation to be in after 20 plus years of waiting.

[skpanda]

Interesting, mine (and a few folks I know) was 30 days, and specifically had language mentioning the Sept 30 deadline for FY21.

Hmm... no language about Sept 30.

What is ur PD and when did you file ur application. May be ur PD is earlier than mine so the urgency.

[vsivarama]

My lawfirm named Fman and my employer legal counsel is not recommending to send I-485J now. I'm trying to convince them - not a good situation to be in after 20 plus years of waiting.

I do not think it is going to be that big of a deal here. I have never heard of a case where someone could not naturalize or had the GC revoked because of job change just before or after GC. If you want to be absolutely in the clear then apply for naturalization after 5 years are complete on your GC.

[ImmiGiveMe]

Guys, let the sleeping dog lie .. on the bias and non bias...but the take away for me reading all this has been some nice words added to my vocabulary ;)

[Immig7]

Yesterday, I heard one more thing - the age lock for kids - it's not just dependent on I485 submission, but that the underlying I140 to that I485 should be approved as well. So in my case -
1. I have an approved EB2 I140 - Jan 22 2014 PD
2. If I submit a I140 downgrade to EB3 concurrently with I485 once the filling dates open in October, the age still doesn't get locked - until 140 EB3 is approved? The 140 approvals are taking so much time with no guarantee on PP. Is this how it will really work? They won't consider that I have an approved I140 under EB2?

Appreciate your inputs,

Thanks!

[qesehmk]

Yesterday, I heard one more thing - the age lock for kids - it's not just dependent on I485 submission, but that the underlying I140 to that I485 should be approved as well. So in my case -
1. I have an approved EB2 I140 - Jan 22 2014 PD
2. If I submit a I140 downgrade to EB3 concurrently with I485 once the filling dates open in October, the age still doesn't get locked - until 140 EB3 is approved? The 140 approvals are taking so much time with no guarantee on PP. Is this how it will really work? They won't consider that I have an approved I140 under EB2?

Appreciate your inputs,

Thanks!
I believe as long as kids are under 21 on the date FAD is current, the kids are safe.

[Jonty Rhodes]

Hello friends,

A quick question. We responded to medical RFE from NSC earlier this week and USCIS has received the medicals. My priority date details are down in the signature. It's an EB2-EB3 downgrade case.

What's the estimated time frame after sending medical RFE for the status to change to green card production? My attorney says that usually it's a couple of weeks but I have seen cases on Trackitt where some are still waiting to be greened since June after submitting medicals and some are getting green cards within 5 days of submitting medicals. So I am a little confused.

[inspired_p]

Hello friends,

A quick question. We responded to medical RFE from NSC earlier this week and USCIS has received the medicals. My priority date details are down in the signature. It's an EB2-EB3 downgrade case.

What's the estimated time frame after sending medical RFE for the status to change to green card production? My attorney says that usually it's a couple of weeks but I have seen cases on Trackitt where some are still waiting to be greened since June after submitting medicals and some are getting green cards within 5 days of submitting medicals. So I am a little confused.

All we can do is wait and hope

[abcx13]

Hello friends,

A quick question. We responded to medical RFE from NSC earlier this week and USCIS has received the medicals. My priority date details are down in the signature. It's an EB2-EB3 downgrade case.

What's the estimated time frame after sending medical RFE for the status to change to green card production? My attorney says that usually it's a couple of weeks but I have seen cases on Trackitt where some are still waiting to be greened since June after submitting medicals and some are getting green cards within 5 days of submitting medicals. So I am a little confused.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2232942181/lin-rfe-rfe-response-data-for-lin21900xxxx-to-linx2190299x/page/last_page

It's very variable, but hopefully since you got a medical RFE, they expect to approve these cases by Sept 30.

Unfortunately I am still waiting for a medical RFE... :(

[Jonty Rhodes]

https://www.trackitt.com/usa-discussion-forums/i485-eb/2232942181/lin-rfe-rfe-response-data-for-lin21900xxxx-to-linx2190299x/page/last_page

It's very variable, but hopefully since you got a medical RFE, they expect to approve these cases by Sept 30.

Unfortunately I am still waiting for a medical RFE... :(

Thanks. I hope so. My colleague who has the exact same priority date as mine and also had a downgrade application like mine got an RFE with on the same date as I did. His application reached 4 business days before mine to NSC. He just got his status update today that "card is being produced". So I am hoping for things to move fast for rest of us as well.

[inspired_p]

Thanks. I hope so. My colleague who has the exact same priority date as mine and also had a downgrade application like mine got an RFE with on the same date as I did. His application reached 4 business days before mine to NSC. He just got his status update today that "card is being produced". So I am hoping for things to move fast for rest of us as well.
That's promising ! My interfiled medicals were acknowledged on 08-20-2021; so hoping to see the next status update by end of next week (fingers crossed)

[abcx13]

USCIS Q3 485 data (https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr3.pdf)

^Official link is broken but I found this today poking around.


So LIN and SRC total 485 capacity across all categories is ~15k/qtr, maybe a few thousand less. This is consistent across all 3 quarters this year and last quarter of last year. EB has gotten a fraction of that 15k as a lot goes to humanitarian (asylum/refugee/etc) also.

Total EB usage up to Q3 = 75k. USCIS says 100k EB wastage which means 162k usage (262k quota - 100k waste). Assume 10-15k CP and rest are AoS. Means 75k EB AoS still to be issued in Q4 unless they waste > 100k.

Total capacity across all SCs and FOs and all 485 types is 110-120k/qtr for the last 4 qtrs. Subtract 15k/qtr for LIN and SRC, means MSC/FO capacity is around 100k/qtr.

So USCIS will have to redirect a lot of the 100k/qtr MSC/FO capacity (most of it, 70k or so, is used for IR, which they call 'Family Based'though actually most real FB is CP) to EB in Q4 to approve 75k EB in Q4. Some of that 75k will be approved at LIN or SRC (up to 15k given total capacity at those SCs), but the bulk of it will probably be at MSC/FOs.

There are two ways to issue so many approvals at MSC/FOs - 1) you can use existing 'straight' application inventory pending at MSC. Or 2) you can transfer more downgrade cases from SRC/LIN to MSC. The latter would obviously be fairer in terms of treating straight and downgrade apps 'equally'.

We saw some case transfers last week from SRC/LIN. I imagine we will probably see more case transfers unless they decide to just adjudicate the straight apps pending at MSC. We might also not see more medical RFEs from LIN/SRC as they may not have more adjudication capacity till the end of the year at this point.

All of this assumes USCIS productivity stays constant.

Any thoughts / opinions / pushback?

[horizon1012]

Which address did you send the medical envelope.

[3nov10]

What do you guys think about Afghan crisis. Do you think this will lead to more SO wastage. Any senator can ask for more resources to be diverted for processing refugee claims. That will take away whatever USCIS attention has for EB green cards.

[inspired_p]

Which address did you send the medical envelope.

We received RFE for the derivative application from Field office and sent both the medical envelopes to field office

[inspired_p]

What do you guys think about Afghan crisis. Do you think this will lead to more SO wastage. Any senator can ask for more resources to be diverted for processing refugee claims. That will take away whatever USCIS attention has for EB green cards.

Yes. Probably, USCIS has always maintained it has limited resources if something else becomes a priority EB visa approvals will mostly suffer with or without intention

And I am of the opinion that there is a bias that tends to find slightest of excuse to slowdown EB-IC processing

[tatikonda]

Guys,

you probably seen this data already. USCIS performance on I-485 Applications.
https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr3.pdf

120k approved I-485 in 3rd Quarter of 2021. What bothers me is that, out of total of 120K applications approved only 29k applications are Employment Based. i.e. less than 25% of all applications approved.

Thank you

[qesehmk]

Guys,

you probably seen this data already. USCIS performance on I-485 Applications.
https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr3.pdf

120k approved I-485 in 3rd Quarter of 2021. What bothers me is that, out of total of 120K applications approved only 29k applications are Employment Based. i.e. less than 25% of all applications approved.

Thank you
Don't forget in a normal year the total approved GCs are well over 1M of which at least 0.5M are 485s and only 140K EBs. So 29K out of 120K is not materially different from historical proportions. But I do agree that compared to available visas this is low.

[Positive]

The way things are going, I would not be surprised if majority of October 2020 filers never get approved, most spillover visas are wasted and dates retrogress to 2010 once the pandemic subsides. These filers will essentially have the same fate as the filers in 2012 (having up to May 2010 PD) who were lucky to get EAD/AP but did not again become current until the pandemic spillover. Anyone who isn't downgrading and filing their I485 and securing their EAD/AP at the earliest opportunity, whether due to employer unwillingness, being secure with the EB2/H1b employer, or for avoiding EB2/EB3 switching back and forth or the noble cause of reducing "unnecessary" USCIS workload may live to regret it. EAD/AP may not be GC but it is close. You may or may not want to use it immediately but it is a very nice thing to have. Just my two cents.

[ImmiGiveMe]

Don't forget in a normal year the total approved GCs are well over 1M of which at least 0.5M are 485s and only 140K EBs. So 29K out of 120K is not materially different from historical proportions. But I do agree that compared to available visas this is low.

Why does the link for FY21 Q3 data under 'https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data' goes to Page not Found??

USCIS removed it after publishing it for a reason?

[newyorker123]

The way things are going, I would not be surprised if majority of October 2020 filers never get approved, most spillover visas are wasted and dates retrogress to 2010 once the pandemic subsides. These filers will essentially have the same fate as the filers in 2012 (having up to May 2010 PD) who were lucky to get EAD/AP but did not again become current until the pandemic spillover. Anyone who isn't downgrading and filing their I485 and securing their EAD/AP at the earliest opportunity, whether due to employer unwillingness, being secure with the EB2/H1b employer, or for avoiding EB2/EB3 switching back and forth or the noble cause of reducing "unnecessary" USCIS workload may live to regret it. EAD/AP may not be GC but it is close. You may or may not want to use it immediately but it is a very nice thing to have. Just my two cents.

Didn't Charlie/others mention that the dates (EB3 - 2014) will not be retrogressed ? I was hoping that the window of time to downgrade will be available for considerably more time for EB2 2012-2013 applicants.

[qesehmk]

Why does the link for FY21 Q3 data under 'https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data' goes to Page not Found??

USCIS removed it after publishing it for a reason?
In addition to being inefficient, USCIS has a history of not being transparent. They publish nothing, they publish late, they publish half truths, they publish wrong things. In short they do as they please. We will never know what was the reason they unpublished. Could be anything.

[Positive]

It may not retrogress until aug/sept 2022 but a bird in hand is better than .... If the Meng amendment does succeed, the flood of EB visas available because of family visa spillover from 2020 and 2021 will completely disappear. Considering:
- Dems have always favored family based immigrants over EB applicants, GOP has also become largely anti-EB immigrant with Miller/Bannon et al. holding sway, and there is additional persuasive argument that the amendment simply preserves the status quo disturbed by the pandemic; and
- USCIS does not process any or most of the spill over for the current fiscal, which seems more and more plausible and I would not be surprised that this may be intentional, aided and abetted by Meng amenmdnent supporters in the administration& Congress,
the rationale for date advancement in EB2 and EB3 India completely disappears as soon as the spillover disappears.
Call me alarmist, but the above is a very rational and plausible outcome. Now, why would Charlie reassure that retrogression isn't foreseeable despite the Meng amendment? Who in the administration wants the backlogged EB folks to wake up and start opposing the Meng amendment tooth and nail before it is signed and sealed? No one.

[AceMan]

I will post one last time without responding to anyone particular so no one feels obligated to write back.

USCIS processing includes third party sites like lockboxes and biometric centers that are integral to the process and can't be done remotely. Applications have to be processed physically at lockboxes; letters, rfe's have to be mailed physically by someone.

But people want to believe its racism or bias that's the cause of administrative delay for all of EB-I categories, and some piling on to just EB1C-I. Widespread abuse in EB1C couldn't possibly be the reason why certain category of people are issued more RFE's or scrutinized more. I must really be stupid (yes I read that) to even think that. Hell American history has is it, and there was a civil war, so it must be true. Hence proved.


Wide spread EB1 C abuse. Any real proof for it other than your friend's friends cousin's nephew's neighbor's dad's got it and you know that he is inefficient. You are also the judge with access to every single documents on the basis of which USCIS which approved the petition?

[inspired_p]

Wide spread EB1 C abuse. Any real proof for it other than your friend's friends cousin's nephew's neighbor's dad's got it and you know that he is inefficient. You are also the judge with access to every single documents on the basis of which USCIS which approved the petition?

And this from someone asking for proof of bias in USCIS even after people gave so many circumstantial evidences through multiple years

[Positive]

The idea that EB India beneficiaries are less deserving, more manipulative or corrupt than others is plain baloney, myopic self flaggelation. There is also this sense by certain individuals stuck in the backlog that they are more qualified, deseving or honest than their fellow Indians in that backlog. Objective analysis easily proves these notions wrong. Indian EB applicants are hired at among the highest average and median salaries and in sectors more in need of qualified immigrants than most others. Are family based immigrants more deserving? Has anybody seen what qualifies for a deserving asylee? Sikkhs from punjab have been successfully claiming persecution before the USCIS. Random people from random countries successfully claim asylee visas based on merely their sexual orientation. When people don't see the macro picture and see who all get the 1 million visas every year or the 140k EB visas but just the narrow subset of Indian beneficiaries, it is easy to run ones own down and blame the community for and deserving of languishing in the backlog.

[AceMan]

And this from someone asking for proof of bias in USCIS even after people gave so many circumstantial evidences through multiple years


In general USCIS have no bias against Indian applicants while every EB1C applicant is a fraud even though the same USCIS is validating it.

Do I sound like a troll ?

[qesehmk]

In general USCIS have no bias against Indian applicants while every EB1C applicant is a fraud even though the same USCIS is validating it.

Do I sound like a troll ?
Gammaray interjected "EB1-C fraud" in the discussion when hardly anybody had raised it. We are all better off not picking this bait.
We don't have to play countries or categories against each other.

[namits]

QQ to the group - Does the Meng update have to be passed before Sep 31st 2021 to be applicable for the next fiscal year or can it be retroactively applied? Basically my question boils down to when is the absolute last drop dead date by which the update needs to be passed into law to affect the 2022 spillover.

[qesehmk]

QQ to the group - Does the Meng update have to be passed before Sep 31st 2021 to be applicable for the next fiscal year or can it be retroactively applied? Basically my question boils down to when is the absolute last drop dead date by which the update needs to be passed into law to affect the 2022 spillover.
Technically a law can be applied retroactively but since people can and will always challenge it - laws are generally made to go in effect in future.

Meng's amendment I believe must be part of some budget reconciliation process rather than be a standalone thing, so those things also have their own timeline. Others on this forum are much more savvy when it comes to house and senate rules and processes. Perhaps they can comment.

[namits]

Thanks Q!! I believe it is part of H.R. 4431: Department of Homeland Security Appropriations Act, 2022 and the bill has 32% chance of being enacted.

https://www.govtrack.us/congress/bills/117/hr4431

[Positive]

QQ to the group - Does the Meng update have to be passed before Sep 31st 2021 to be applicable for the next fiscal year or can it be retroactively applied? Basically my question boils down to when is the absolute last drop dead date by which the update needs to be passed into law to affect the 2022 spillover.

Going by Charlie's comments, I think he is holding off all spillover visa effect until dec. 2021. That is probably when it may be too late. In any case if the USCIS ends up wasting spillovers any which way, it does not matter except for opportunity for EAD/AP for more applicants if the filing dates are moved as a consequence of spillover from 2021 family category to the extent it is not neutralized by wastage of spillover this fiscal.

[vsivarama]

Going by Charlie's comments, I think he is holding off all spillover visa effect until dec. 2021. That is probably when it may be too late. In any case if the USCIS ends up wasting spillovers any which way, it does not matter except for opportunity for EAD/AP for more applicants if the filing dates are moved as a consequence of spillover from 2021 family category to the extent it is not neutralized by wastage of spillover this fiscal.

We should not be sitting down and taking it silently. I encourage people to write in and question Charlie for the next DOS update. Is he NOT moving the visa dates because of the potential legislation in the works? If yes, can he move the visa dates taking into account the Eagle Act another potential legislation, which proposes the removal of arbitrary 7% country cap. We need to corner him on this one so that we are not looking at potential retrogression in Q2 FY 2022.

[Positive]

We should not be sitting down and taking it silently. I encourage people to write in and question Charlie for the next DOS update. Is he NOT moving the visa dates because of the potential legislation in the works? If yes, can he move the visa dates taking into account the Eagle Act another potential legislation, which proposes the removal of arbitrary 7% country cap. We need to corner him on this one so that we are not looking at potential retrogression in Q2 FY 2022.

I just don't think he is answerable to us even though those chats may make it appear so. The only people who can influence his decisions are people in the Biden administartion and to some extent congress. This is where advocacy groups come in. But the one only one that exists (because they hound out any and every other attempt at building up alternative advocacy groups by any all means necessary) has already alienated Durbin and is really not interested in pursuing tangible loaw hanging fruits like usage of the pandemic visa spillover (notwithstanding their eleventh hour shouting about 100k wastage after deep slumber through the year). They care for coutry cap removal more than backlog removal...but I digress.

Coming back to Charlie, the way visas are allocated and spillover is applied in the last quarter etc. such that priority is given to ensuring that 7% visas are available to all other countries even if that means thousands of visas are wasted and projected backlog for one country grows longer than human life span is a choice. That this wasteful waiting game has to be played even though:
- all historical data indicates that there are enough visas available to never have a situation where the availabilty for ROW would fall short;
-when processing times have exceeded well above 12 months, insisting on exhausting all ROW applications before taking up the backlogged by holding off their filing dates means the system isn't really first in first out even allowing for country caps but rather first in last out for Indians and last in first out for others;
-the two date visa bulletin was ostensibly created to avoid visa wastage but is really one additional administrative tool to perpetuate and fortify the backlog.

I could go on but suffice to say none of these procedural administrative decisions are based on the immigration statute, the legislative text passed by congress, rather they are policy choices and slight of hand employed by agencies that is not answerable to its stakeholders.

[maverick2010]

I do not think it is going to be that big of a deal here. I have never heard of a case where someone could not naturalize or had the GC revoked because of job change just before or after GC. If you want to be absolutely in the clear then apply for naturalization after 5 years are complete on your GC.

Thanks for your inputs.

I read in forums that couple of cases during naturalization USCIS officer asked for proof of employment(pay stubs) for the GC sponsoring firm post approval. Not sure what made the officer to ask that question but in general it looks like majority shouldn't run into any issues during naturalization.

My employer agreed to submit I-485J now and I hope that USCIS ties it to my already approved I-485 petition. All this confusion happened because of the delay caused by my employer and the law firm to submit I-485J/ AC21 on time. I hope I get some kind of confirmation that my new I-485J is approved soon.

Thanks!

[gammaray]

Wide spread EB1 C abuse. Any real proof for it other than your friend's friends cousin's nephew's neighbor's dad's got it and you know that he is inefficient. You are also the judge with access to every single documents on the basis of which USCIS which approved the petition?

Actually it was your friend's friends cousin's nephew's neighbor's dad's and he is definitely deficient. You can probably confirm that better than me. Or you can continue to bury the head in the sand. I am not judging any petitions -- USCIS approximately approves 92% of applications across the board (H1-B's, EBs, I-485) till recently. So does that mean no abuse existed within IT firms hiring practices over the years? This includes h1bs. Could it mean the rules were loose enough for people to find a way around? Or of course it had to be racial discrimination that rules were tightened for third party and specialty occupations. If you lived in the country long enough you would know how many "desi consultancies" were around in the previous decade that applied for h1bs/EBs after a 3 month "training" irrespective of what degree a person held, while showing fake resumes to clients. Most if not all of these folks that applied in the mid-2000's are greened now. But since USCIS approved those petitions and there is no data, it must be false.
It's similar for EB1C which was current for the longest time. Then suddenly the demand increased, as the backlogs in other categories materialized. There is no denying the Trump administration throttled EB1C's, H4s', H1b's and whatever else. But that's on the administration not because apparently undoubtedly USCIS is an inherently racist organization (against one particular country or rather one specific category),

[gammaray]

And this from someone asking for proof of bias in USCIS even after people gave so many circumstantial evidences through multiple years

You don't understand the concept of evidence do you? "Multiple years?" "so many evidence?" Just making a statement is not "evidence". I would love to see the data, and the analysis behind it. The double irony is that my statement about abuse in EB is without merit without evidence, however USCIS is biased towards one country and category is just accepted fact by making statements.

[namits]

In reading through the Meng Amendment proposal - "Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used".

So even if the amendment is passed and applied retroactively - then the 100k or so GC's that can possibly go to waste (if not used be Sep 30th) in the EB category will be available in 2022 and if it is not passed then the spillover from FB will be available for the EB category in 2022. So is this not a win-win situation or am I missing something?

[qesehmk]

In reading through the Meng Amendment proposal - "Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used".

So even if the amendment is passed and applied retroactively - then the 100k or so GC's that can possibly go to waste (if not used be Sep 30th) in the EB category will be available in 2022 and if it is not passed then the spillover from FB will be available for the EB category in 2022. So is this not a win-win situation or am I missing something?

Yes in that sense eitherway it is ok for EB. But if these guys are anyway passing laws then they might as well as capture all and more visas and eliminate all backlogs and double immigration limits. But they try to do incremental changes so that the real problem never gets solved.

[gten20]

Yes in that sense eitherway it is ok for EB. But if these guys are anyway passing laws then they might as well as capture all and more visas and eliminate all backlogs and double immigration limits. But they try to do incremental changes so that the real problem never gets solved.

Doubling immigration quota or even increasing it by say 25% is almost impossible. It is unlikely to pass the house and senate.

[namits]

Yes in that sense eitherway it is ok for EB. But if these guys are anyway passing laws then they might as well as capture all and more visas and eliminate all backlogs and double immigration limits. But they try to do incremental changes so that the real problem never gets solved.

So then it either way there should be no reason to slowdown the GC processing. Full steam ahead :-)

[gsingh]

I reached out to my local congressman to expedite the I-485 hoping it might help as he is on the Subcommittee on Immigration and Citizenship.
His office is asking for a documented evidence of dire hardship this delay has caused. Any suggestions on what kind of documented evidence can I provide ?

-Thanks

[qesehmk]

I reached out to my local congressman to expedite the I-485 hoping it might help as he is on the Subcommittee on Immigration and Citizenship.
His office is asking for a documented evidence of dire hardship this delay has caused. Any suggestions on what kind of documented evidence can I provide ?

-Thanks
Just let him know how many years you have been waiting, and then switch to another congressman or senator. His office clearly isn't going to be helpful IMHO.

[abcx13]

I reached out to my local congressman to expedite the I-485 hoping it might help as he is on the Subcommittee on Immigration and Citizenship.
His office is asking for a documented evidence of dire hardship this delay has caused. Any suggestions on what kind of documented evidence can I provide ?

-Thanks

What I heard directly from a Congressional office USCIS caseworker is that USCIS almost has a blanket policy of denying these expedite requests.

[newyorker123]

Just let him know how many years you have been waiting, and then switch to another congressman or senator. His office clearly isn't going to be helpful IMHO.

My expedite request with USCIS (Customer Support Line) was denied. So was my expedite with a house representative.
I want to at some point start expedite with Senators, but am apprehensive - as I read at few places that multiple expedite requests piss off USCIS and *maybe* even end up slowing down the processing. This was also hinted at in Charlie's call - he mentioned that USCIS is getting swamped with expedite requests !

[SG2020]

I reached out to my local congressman to expedite the I-485 hoping it might help as he is on the Subcommittee on Immigration and Citizenship.
His office is asking for a documented evidence of dire hardship this delay has caused. Any suggestions on what kind of documented evidence can I provide ?

-Thanks

We had tried Sen. Feinstein's office for my wife's H4-EAD last year. Not very helpful, rude at times, and the office messed up the supporting information we had sent. USCIS rejected the request. We avoided going to anyone else. What saved us was joining the lawsuit and she got her EAD in a couple of weeks.

[qesehmk]

My expedite request with USCIS (Customer Support Line) was denied. So was my expedite with a house representative.
I want to at some point start expedite with Senators, but am apprehensive - as I read at few places that multiple expedite requests piss off USCIS and *maybe* even end up slowing down the processing. This was also hinted at in Charlie's call - he mentioned that USCIS is getting swamped with expedite requests !

I think there is no official expedite request that a congressman/senator can submit. But one can always ask for status and what is holding something back. My wife's citizenship was pending for a long time and so when she asked local congressman's office they said they will do something if the wait becomes unusual (which eventually it didn't).

So I guess the rule of thumb in asking assistance is - seek assistance when you think you are falling outside normal processing times.

Otherwise truly do not bother them. My 2 cents!

[AceMan]

I think there is no official expedite request that a congressman/senator can submit. But one can always ask for status and what is holding something back. My wife's citizenship was pending for a long time and so when she asked local congressman's office they said they will do something if the wait becomes unusual (which eventually it didn't).

So I guess the rule of thumb in asking assistance is - seek assistance when you think you are falling outside normal processing times.

Otherwise truly do not bother them. My 2 cents!

My son's EAD was not issued along with us and I opened a SR ticket last month end. I called yesterday, and I found the SR was closed on August 4th, the reason assigned to an Officer. I said it is August 26th and I still have not heard any thing about it. The agent just made a remark every body wants their files to be processed yesterday. Same thing with my RFE for 485 it is more than 100 days, same response with an officer.

[Turbulent_Dragonfly]

I reached out to my local congressman to expedite the I-485 hoping it might help as he is on the Subcommittee on Immigration and Citizenship.
His office is asking for a documented evidence of dire hardship this delay has caused. Any suggestions on what kind of documented evidence can I provide ?

-Thanks

Unfortunately that's why expediting I-485 will not go anywhere usually because the applicant is already gainfully employed with a very high compensation compared to the median wage. I mean obviously the USCIS is supposed to provide true service in return for the thousands of dollars we fork over to them over our immigration journey, but that just gets lost or ignored.

[Noesis]

My son's EAD was not issued along with us and I opened a SR ticket last month end. I called yesterday, and I found the SR was closed on August 4th, the reason assigned to an Officer. I said it is August 26th and I still have not heard any thing about it. The agent just made a remark every body wants their files to be processed yesterday. Same thing with my RFE for 485 it is more than 100 days, same response with an officer.

I have similar experience, I am current since July 1st and the file is documentarily complete. 485 processing times are unrealistically long so could not raise an SR for it but I did raise SR for 131 and 765 since both are out of processing times, the SR was closed in August first week with no response. I chatted with Emma yesterday and the agent created another SR because the first one was closed without any response.! I was hoping that 131/765 might trigger something but it didn't seem to help. My worry is we do not know how the processing would be come new fiscal.. Fingers Crossed..

[gsingh]

Thanks everyone. Appreciate your inputs.

@Noesis , @AceMan - Same here.
Tried to expedite 765s. First for my wife with the evidence of a job loss and a new job offer and then for myself with expiring DL. Both were denied
SRs for 765 were closed with following update - Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received.

[rsnake]

In reading through the Meng Amendment proposal - "Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used".

So even if the amendment is passed and applied retroactively - then the 100k or so GC's that can possibly go to waste (if not used be Sep 30th) in the EB category will be available in 2022 and if it is not passed then the spillover from FB will be available for the EB category in 2022. So is this not a win-win situation or am I missing something?

The wording is not clear, it seems to say FB stays in FB and EB stays in EB for 2020 and 2021. Since the 100K EB unused were originally from FB 2020, it can be interpreted that they would go back to FB in FY2022 and not stay with EB.

The reason the wording is is not clear is that it's a copy paste from last year's covid relief bill so the FB visas weren't spilled over yet. There is a very good chance that they will change the language in consultation with USCIS and State Department before passing it, but they will probably pick the interpretation that those visas go to FB, since their motive is to erase the impact of covid.

[vsivarama]

So I guess the rule of thumb in asking assistance is - seek assistance when you think you are falling outside normal processing times.

Otherwise truly do not bother them. My 2 cents!

The only problem with this approach is i) In which universe would a 765 approval taking a year be considered normal processing time? It's 10 months now but soon it will be a year. In which universe would a 485 approval taking 60+ months be considered normal processing time? I am not talking about retrogression here as USCIS does not consider retrogression while calculating the normal processing time. Do we have documented proof of hardship, probably not. But I know many people in this forum are probably losing sleep everyday thinking about our ageing parents back in India in this pandemic. We cannot get H1B stamped if we travel to India and we are still waiting on EAD + AP after 10 months of filing. Yes, the administration cares about the humanitarian crisis abroad, but what about the humanitarian crisis in US? If you look up processing time for AP in Texas, it's 1- 5 months for Refugee or asylee applying for a refugee travel document while it's 6 Months to 8 Months for us. I am not against approving a travel document for refugees. But how many refugees who come to this country fleeing persecution are actually clamoring to travel to their country? If this is not bias against us, I do not know what is. It's either bias or the entire crew of USCIS not having a couple of brain cells to rub together. I do not know which one is worse though.. Enough with my rant, Happy weekend y'all!!

P.S. - My guess is Afghans trying to flee the country do not have a documented proof of hardship either. Or may be the Taliban is gracious enough to provide them with notarized letters threatening their well being to submit to US authorities. What do I know. :):):)

[vsivarama]

My son's EAD was not issued along with us and I opened a SR ticket last month end. I called yesterday, and I found the SR was closed on August 4th, the reason assigned to an Officer. I said it is August 26th and I still have not heard any thing about it. The agent just made a remark every body wants their files to be processed yesterday. Same thing with my RFE for 485 it is more than 100 days, same response with an officer.

Hope you get your GC soon.

[inspired_p]

The wording is not clear, it seems to say FB stays in FB and EB stays in EB for 2020 and 2021. Since the 100K EB unused were originally from FB 2020, it can be interpreted that they would go back to FB in FY2022 and not stay with EB.

The reason the wording is is not clear is that it's a copy paste from last year's covid relief bill so the FB visas weren't spilled over yet. There is a very good chance that they will change the language in consultation with USCIS and State Department before passing it, but they will probably pick the interpretation that those visas go to FB, since their motive is to erase the impact of covid.

I agree. The intent of the legislation was to nullify the effect of Covid closures, so no matter how the law reads itself , it will be interpreted to revert FB-> EB spillovers from 2020 and 2021.

[Positive]

The wording is not clear, it seems to say FB stays in FB and EB stays in EB for 2020 and 2021. Since the 100K EB unused were originally from FB 2020, it can be interpreted that they would go back to FB in FY2022 and not stay with EB.

The reason the wording is is not clear is that it's a copy paste from last year's covid relief bill so the FB visas weren't spilled over yet. There is a very good chance that they will change the language in consultation with USCIS and State Department before passing it, but they will probably pick the interpretation that those visas go to FB, since their motive is to erase the impact of covid.
Correct. Anyone who is reading the Meng amendment to allow FB to EB spillover in 2021 is in for a rude shock. Here is what she is intending, straight from the horses mouth (https://meng.house.gov/media-center/press-releases/meng-provision-to-rollover-unused-visas-due-to-covid-19-included-in-key):
"Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used." This paragraph is preceded by the fllowing:
"The Immigration and Nationality Act (INA) allocates 480,000 visas annually for family-sponsored categories; 140,000 visas annually for employment-sponsored categories; and 55,000 for diversity visas. Due to COVID-19 and the curtailing of immigration operations both abroad at U.S. embassies and consulates, and at U.S. Citizenship and Immigration Services (USCIS), only a fraction of these visa allocations were used in fiscal year 2020 or will be used by the end of the current 2021 fiscal year which concludes in October."

Essentially, MENG would take away any FB spillover into EB for the current and next fiscal years. All we get is the 5/10% EB visas that were wasted in 2020 and a preservation of any unused visas from 2021's annual quota of 140K. Now, please don't argue how will they restore to FB visas from 2020 that have been allocated and will be used up by EB this year. Plainly, USCIS is carefully working to ensure that not even 140K EB visas are issued this year.

[may2011]

Correct. Anyone who is reading the Meng amendment to allow FB to EB spillover in 2021 is in for a rude shock. Here is what she is intending, straight from the horses mouth (https://meng.house.gov/media-center/press-releases/meng-provision-to-rollover-unused-visas-due-to-covid-19-included-in-key):
"Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used." This paragraph is preceded by the fllowing:
"The Immigration and Nationality Act (INA) allocates 480,000 visas annually for family-sponsored categories; 140,000 visas annually for employment-sponsored categories; and 55,000 for diversity visas. Due to COVID-19 and the curtailing of immigration operations both abroad at U.S. embassies and consulates, and at U.S. Citizenship and Immigration Services (USCIS), only a fraction of these visa allocations were used in fiscal year 2020 or will be used by the end of the current 2021 fiscal year which concludes in October."

Essentially, MENG would take away any FB spillover into EB for the current and next fiscal years. All we get is the 5/10% EB visas that were wasted in 2020 and a preservation of any unused visas from 2021's annual quota of 140K. Now, please don't argue how will they restore to FB visas from 2020 that have been allocated and will be used up by EB this year. Plainly, USCIS is carefully working to ensure that not even 140K EB visas are issued this year.

When is the bill with this amendment expected to pass? I am asking as Charlie mentioned he will know the numbers in Nov.I am wondering if it passed after Oct 2021, how will they change the numbers already assigned to EB category.It will surely be a messy process

[monsieur]

When is the bill with this amendment expected to pass? I am asking as Charlie mentioned he will know the numbers in Nov.I am wondering if it passed after Oct 2021, how will they change the numbers already assigned to EB category.It will surely be a messy process

Spec has mentioned this numerous times. Final numerical limits for EB GC i.e any spillover from FB is determined by Nov or Dec. Fiscal year ends on Sep-30th; Numbers from consulates across the world + Field offices + USCIS usage are sent to DHS which then tabulates total usage for a previous fiscal year and if there is leftover then it gets added to current year EB limit. In past such report is published in Nov or sometimes in Dec.

If Charlie is saying he will know FY-22 quota in Nov - I will interpret as any left over FB visa coz of consulate closure + 140k EB visa will determine total EB limit of FY-22 which runs from Oct 1st 2021 to Sep 30th 2022. I highly doubt he is referring to Meng's ammendment when he said final numerical limit for EB GC.

FY21 Numerical Limits - https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

[may2011]

Spec has mentioned this numerous times. Final numerical limits for EB GC i.e any spillover from FB is determined by Nov or Dec. Fiscal year ends on Sep-30th; Numbers from consulates across the world + Field offices + USCIS usage are sent to DHS which then tabulates total usage for a previous fiscal year and if there is leftover then it gets added to current year EB limit. In past such report is published in Nov or sometimes in Dec.

If Charlie is saying he will know FY-22 quota in Nov - I will interpret as any left over FB visa coz of consulate closure + 140k EB visa will determine total EB limit of FY-22 which runs from Oct 1st 2021 to Sep 30th 2022. I highly doubt he is referring to Meng's ammendment when he said final numerical limit for EB GC.

FY21 Numerical Limits - https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

Thanks for the info!

[sudebusa]

Correct. Anyone who is reading the Meng amendment to allow FB to EB spillover in 2021 is in for a rude shock. Here is what she is intending, straight from the horses mouth (https://meng.house.gov/media-center/press-releases/meng-provision-to-rollover-unused-visas-due-to-covid-19-included-in-key):
"Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used." This paragraph is preceded by the fllowing:
"The Immigration and Nationality Act (INA) allocates 480,000 visas annually for family-sponsored categories; 140,000 visas annually for employment-sponsored categories; and 55,000 for diversity visas. Due to COVID-19 and the curtailing of immigration operations both abroad at U.S. embassies and consulates, and at U.S. Citizenship and Immigration Services (USCIS), only a fraction of these visa allocations were used in fiscal year 2020 or will be used by the end of the current 2021 fiscal year which concludes in October."

Essentially, MENG would take away any FB spillover into EB for the current and next fiscal years. All we get is the 5/10% EB visas that were wasted in 2020 and a preservation of any unused visas from 2021's annual quota of 140K. Now, please don't argue how will they restore to FB visas from 2020 that have been allocated and will be used up by EB this year. Plainly, USCIS is carefully working to ensure that not even 140K EB visas are issued this year.

So if it passes, it will screw us royally! Any idea what is the possibility for the bill to be passed?

[AceMan]

Hope you get your GC soon.

Thanks buddy, wish you the same too

[Sebiswaiting]

Po
So Q3 EB numbers came at 27k. That is 13k less than what I had assumed. That changes total expected numbers to go down to 175k - 185k (rounding).

USCIS seems to have stated that they will be able to process 180k.
I hope they do indeed, and I do hope that 180k is approval count and just not processing count.

Without any change, I think we can safely assume that USCIs will be able to approve at least 200k(probably more) next year starting Oct 2021. Howver no one knows what, if any, legislation change may come, any change in priority.

Considering 70-80k wastage this year, and similar additional number getting absorbed next year, only seemingly positive outcome is less chance of a retrogression. I see EB2 moving faster in net months, and EB3 mostly static with slower forward movement if any. I also expect EB3 to be ahead off EB2, even though both will converge towards a center..

I hope budget reconciliation somehow includes some good news.





Q - You said that you won't comment anymore, but you can't escape so easily:D. We look up to you, Spec , and others for key insights.

While I am a novice and not as experienced as some of you folks, but I have some calculations too (based on trend, viewpoints, telegram Chinese charts, USCiS statement s), and the end result comes close to what Q is saying.. around 50-60k wastage.

Here's the insight that I am getting ..
1. Q1 and Q2 EB approved = 46000
2. Charlie said in mid July that around 100k will be wasted, so based on data he had for Q3 and expected speed on Q4, he was expecting around 100k to be processed in Q3 and Q4.
I am assuming that he based it with a consideration of 40k for Q3 and 60k for Q4. I took this split considering that we saw more trend of approval in July which is part of Q4.
So I am considering Q1+Q2 = 46000, Q3 ~40000.

3. Towards end of July, there was a sudden change of pace. We started seeing lots of approval posts. Saw my friends getting GCd around/after this. Telegram charts showing similar trend as well. Considering this trend of 1.5/2k per day, Q4 should get around 100-110k EB approval.

So Q1+Q2+Q3+Q4 ~ 190K to 200K

USCIS said that they expect max approval since 2005, so they expect approval below or around 200k which is in similar line. If they expected 150k approval then I feel they wouldn't have given reference of 2005.

I so hope that max and maX gets approved. Wife's eb2 is 2014 Dec and mine 2015 June, and both changed job so new process needs to be started ..

Note - Tomorrow we have Charlie's chat, so I am sure we will have a much clearer data tomorrow, and I hope we get some positive insights.

[Sebiswaiting]

Hi @Q
I had posted a message to this thread, and after posting and trying to edit, I got error that link is invalid. The post isn't seen in the thread there after. Is there any issue going on?

[qesehmk]

Hi @Q
I had posted a message to this thread, and after posting and trying to edit, I got error that link is invalid. The post isn't seen in the thread there after. Is there any issue going on?

Hi Sebi - It seems you wrote those posts and then deleted them. I have restored them. You can keep the one you want. Hope this addresses this issue.

[Sebiswaiting]

Thank you Q. I clicked on edit first time, and then I got the error. So I wrote again tried same steps and once again it got deleted, but I am sure I didn't click the delete post button. May be issue with the touch or the portal. Thank you for reverting it.


Hi Sebi - It seems you wrote those posts and then deleted them. I have restored them. You can keep the one you want. Hope this addresses this issue.

[qesehmk]

Thank you Q. I clicked on edit first time, and then I got the error. So I wrote again tried same steps and once again it got deleted, but I am sure I didn't click the delete post button. May be issue with the touch or the portal. Thank you for reverting it.
Sometimes when there are too many users active on the forum the forum software acts funny. Something to do with database locks! I am not going to even try to fix it. If I try it there is good probability I will mess up something else!!

[newsletter1978]

Hello Gurus, anyone who has received GC recently in the past month, are interviews still happening.

[optimista]

Folks,
I needed serious help in understanding the predicament which I am in. My PD is in August, 2010 and I submitted my I-485 on November 1st, 2020. My fingerprinting was done sometime in July, 2021. I have filed in EB-2 category. I had recently changed the employer (before the dates become current) hence I had applied for I-140 and I-485 concurrently when the PD became current (PERM approval was received during this time). My application is with Nebraska Service center. The estimated time range is 11 to 23.5 months for employment based applications for I-485 and the receipt date which they are processing currently is September 29th, 2019. How much time I will have to wait for the approval of I-485 and to receive GC? If I miss the chance to get GC in this FY, then how soon I can get it in next FY? Is there a way that I can at least get an EAD in the meantime? How I can escalate my application to level 2 as i have heard some folks are able to get it that way. Also would downgrading from EB2 to EB3 help in this situation? I am in a difficult situation and losing hope day by day. It's been 15 years since I have been fighting with this evil system with no end in sight. Any help, information you any give would help me in planning my next actions. Thank you very much.

[bones20]

How much time I will have to wait for the approval of I-485 and to receive GC?
Is your i-140 approved? If not upgrade to premium processing may help expedite the overall process

If I miss the chance to get GC in this FY, then how soon I can get it in next FY?
Based on your PD, you are at no risk of retrogression. As such you are very close to getting the GC - matter of few weeks to months.

Is there a way that I can at least get an EAD in the meantime?
Yes, you will get the EAD for sure. Is your biometrics done already? EAD follows shortly after biometrics.

How I can escalate my application to level 2 as i have heard some folks are able to get it that way.
Well, escalations are possible only after your case is outside of normal processing times. Some people have had luck escalations through their local congressman/senators.

Also would downgrading from EB2 to EB3 help in this situation?
You are current for final action. Downgrade does not make any sense.



Hang in there. Dont lose your mind over this. You are very close to done.

[optimista]

Thanks @bones20 so much for quick response.

I really appreciate it. May be I missed it in my original post, but fortunately my I-140 is approved already (I did it in PP already at the time of concurrent filing). My biometrics was done in the beginning of last month, so yes it's done already. My USCIS account does not show the latest changes/updates for some reason but the agent did confirm with me once that it shows in the system as biometrics taken, so I am good there. my application is with Nebraska service centers and I am hearing horror stories about the very slow processing speed over there, hence was really in a low hope/morale condition.

Your update definitely helps me keep my hopes and morale up. So thanks for that. Let me know if you have any additional comments to the information which I provided now. Thanks once again.

[bones20]

Thanks @bones20 so much for quick response.

I really appreciate it. May be I missed it in my original post, but fortunately my I-140 is approved already (I did it in PP already at the time of concurrent filing). My biometrics was done in the beginning of last month, so yes it's done already. My USCIS account does not show the latest changes/updates for some reason but the agent did confirm with me once that it shows in the system as biometrics taken, so I am good there. my application is with Nebraska service centers and I am hearing horror stories about the very slow processing speed over there, hence was really in a low hope/morale condition.

Your update definitely helps me keep my hopes and morale up. So thanks for that. Let me know if you have any additional comments to the information which I provided now. Thanks once again.

Well, if at all, I think Nebraska is faster compared to say California (my FO). The only other thing which you may consider doing (do consider pros and cons - its a hit and miss with some downsides) is interfile i693 if you did not submit with i485:
https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82456&viewfull=1#post82456

[optimista]

Hi @bones20,
Thanks again for the response. The thing is unfortunately, I filed my medicals right with the application (thinking that it would help speed up processing) and now I hear that actually interfiling was a better option. What can I say? As usual regretting is all I can continue to do :-). Thanks anyways though for the suggestion.
Regards

[prepleo]

Hi @bones20,
Thanks again for the response. The thing is unfortunately, I filed my medicals right with the application (thinking that it would help speed up processing) and now I hear that actually interfiling was a better option. What can I say? As usual regretting is all I can continue to do :-). Thanks anyways though for the suggestion.
Regards

I am not sure where you heard that interfiling medicals is better than filing with the original application. Although my situation was a little different (MSC), I got approved right away (filed medicals with 485 application) whereas some folks received an RFE for medicals and are still waiting to be approved. Folks trying to interfile medicals without an RFE have had different outcomes. Some got the medicals successfully "attached" to their 485 application, while some got RFE regardless and some are still trying to find out if medicals got attached. At this point there is not much you can do unless your petition is outside of USCIS published processing times. The only thing you can do is to do premium on your I-140 application, if you have not done so already. I know how you feel, I been there myself.

[bones20]

Hi @bones20,
Thanks again for the response. The thing is unfortunately, I filed my medicals right with the application (thinking that it would help speed up processing) and now I hear that actually interfiling was a better option. What can I say? As usual regretting is all I can continue to do :-). Thanks anyways though for the suggestion.
Regards

You are in a very good position compared to other AoS filers. Its just the impatience that is getting you. Ignore the GC mess and diatract yourself with other things. GC will happen very soon.

[monsieur]

Folks,
I needed serious help in understanding the predicament which I am in. My PD is in August, 2010 and I submitted my I-485 on November 1st, 2020. My fingerprinting was done sometime in July, 2021. I have filed in EB-2 category. I had recently changed the employer (before the dates become current) hence I had applied for I-140 and I-485 concurrently when the PD became current (PERM approval was received during this time). My application is with Nebraska Service center. The estimated time range is 11 to 23.5 months for employment based applications for I-485 and the receipt date which they are processing currently is September 29th, 2019. How much time I will have to wait for the approval of I-485 and to receive GC? If I miss the chance to get GC in this FY, then how soon I can get it in next FY? Is there a way that I can at least get an EAD in the meantime? How I can escalate my application to level 2 as i have heard some folks are able to get it that way. Also would downgrading from EB2 to EB3 help in this situation? I am in a difficult situation and losing hope day by day. It's been 15 years since I have been fighting with this evil system with no end in sight. Any help, information you any give would help me in planning my next actions. Thank you very much.


You have shared details which are all over the place. On one you say you filed your case in Nov 1st 2020; you have filed your EAD, AP, Medicals all together which is good. But on other hand you say BM was done last month which is unusual for Nov filers. You also mentioned job change without any timeline? Perm approval happened but when??

Many of the folks already responded; But you haven't shared what issue you are facing? IS there a threat of job loss? Kids aging out? Why you losing hope? without knowing actual cause of your worry, nobody here will be able to help you.

Overall I can say - if your file is complete + BM are dones then you will get your GC anytime from Today to next 6-8 months. Trend I am seeing is after BM, GCs are approved around 6 months mark so just hang in there

[optimista]

I am not sure where you heard that interfiling medicals is better than filing with the original application. Although my situation was a little different (MSC), I got approved right away (filed medicals with 485 application) whereas some folks received an RFE for medicals and are still waiting to be approved. Folks trying to interfile medicals without an RFE have had different outcomes. Some got the medicals successfully "attached" to their 485 application, while some got RFE regardless and some are still trying to find out if medicals got attached. At this point there is not much you can do unless your petition is outside of USCIS published processing times. The only thing you can do is to do premium on your I-140 application, if you have not done so already. I know how you feel, I been there myself.

@prepleo,
Thank you for your feedback and kind words of support. Really appreciate it. I already got I-140 approved in PP, so I am good there. Good to know your take/analysis on filing medicals. I guess I was basing my feelings/conclusions based on limited information.
As you folks are suggesting, I will hold tight and wait patiently for the GC to arrive. Cheers.

[optimista]

You are in a very good position compared to other AoS filers. Its just the impatience that is getting you. Ignore the GC mess and diatract yourself with other things. GC will happen very soon.

Hi @bones20,
Agree with your advice totally. Thanks for the support. I guess I will do my part more efficiently which is to wait patiently for the arrival of GC (hopefully soon). Thanks.

[optimista]

You have shared details which are all over the place. On one you say you filed your case in Nov 1st 2020; you have filed your EAD, AP, Medicals all together which is good. But on other hand you say BM was done last month which is unusual for Nov filers. You also mentioned job change without any timeline? Perm approval happened but when??

Many of the folks already responded; But you haven't shared what issue you are facing? IS there a threat of job loss? Kids aging out? Why you losing hope? without knowing actual cause of your worry, nobody here will be able to help you.

Overall I can say - if your file is complete + BM are dones then you will get your GC anytime from Today to next 6-8 months. Trend I am seeing is after BM, GCs are approved around 6 months mark so just hang in there

@monsieur,
Thank you for the reply.
BM took time probably because I had filed I-140 concurrently. Else I don't know why it took time. Employment change had happened 2 years back. I was just explaining that my PERM got approved in October and the date become current in early November (hence I-140 had to filed concurrently). I-140 is already approved (I had done PP). Medical was sent in the first package for I-485, so that is not pending either. My job is safe, so no other issues, just that there is a lot of anxiety around this, hence wanted some pointers around the ETA so that I set right expectations.

My mind is not all over the place now after reading feedback from multiple experts on this forum :-). So thank you and all others for the support. Cheers.

[monsieur]

@monsieur,
Thank you for the reply.
BM took time probably because I had filed I-140 concurrently. Else I don't know why it took time. Employment change had happened 2 years back. I was just explaining that my PERM got approved in October and the date become current in early November (hence I-140 had to filed concurrently). I-140 is already approved (I had done PP). Medical was sent in the first package for I-485, so that is not pending either. My job is safe, so no other issues, just that there is a lot of anxiety around this, hence wanted some pointers around the ETA so that I set right expectations.

My mind is not all over the place now after reading feedback from multiple experts on this forum :-). So thank you and all others for the support. Cheers.


From time you file your case (I-485 + Medicals), on avg it takes 12-18 months. This timeline was from pre-pandemic and tsunami of filing in Oct 2020 might impact it. As i have stated current pattern is approval of case 4-6 months after BM is done. Upcoming year will also plenti of spillover, so folks who have applied this yr is in good shape. I get your frustration but don't loose hope, it will come when it comes. Just live your life.