EB2-3 Predictions (Rather Calculations)

[bones20]

I see i485 notices in my USPS mail preview today. As much as I can read through the images, they seem like interview notices. In my cases, looks like they have put a document asking for citation details (probably my traffic tickets). Will know in a few hours.

The hope is that the interview happens in September else it seems like I will have to get the medicals done again. Also, will have to do some running to get details on my citations. Wish my interview was waived :(

[optimista]

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.
@monsieur, totally agree with your observations. I was waiting patiently, however in the past few days there were too many reports of people from other service centers with PDs in 2011, 2012 and even 2013 getting their GCs (primarily NBC cases) so I was really rattled about that. If you don't mind, can you give me your 2 cents on this phenomenon and also explain which applications go for processing to NBC? Thanks.

[monsieur]

@monsieur, totally agree with your observations. I was waiting patiently, however in the past few days there were too many reports of people from other service centers with PDs in 2011, 2012 and even 2013 getting their GCs (primarily NBC cases) so I was really rattled about that. If you don't mind, can you give me your 2 cents on this phenomenon and also explain which applications go for processing to NBC? Thanks.

It depends on moment of slice when a service center seems more active but if you look on year basis - All service centers are in same range of case processing. If a center has bandwidth then cases gets transferred. Few weeks ago it felt only TSC is working as they were generating RFE, these days its MSC which feels is active. Cases are being worked on behind the scene, furstrating part is we don't get timely updates and feel that it stuck somewhere.

As for folks with PD 11,12,13 getting GC - It all depends on when they filed their cases and case paperwork status as well as when USCIS received which then randomly gets into pile. Its not e-file where everything can be time-stamped and can be sorted with ease. We are talking here thousands of bundles of paperwork which needs to be documented 1st and then sent to processing officer. Only a current or recent USCIS employee can share how things work internally. All other are arm chair critique who are just sitting on fence and speculating whats happening behind the scene (including me)

As for which cases goes where - If you are only filing I-485 then it goes to nearest lockbox first, then to MSC or NBC based on that lockbox location. If you are concurrent filing i.e I-140 and I-485 then it goes to LIN/NSC, TSC or VSC again based on location. These days I have heard less of VSC so don't know whether they are still accepting GC cases or re-purposed themselves to handle other cases.

[Sebiswaiting]

As the thread is for prediction.. I am eagerly awaiting some super awesome analysis on proposed reconcilition bill provisions and potential movement of EB2, EB3 PD.

[sling10]

October visa bulletin is out now.

As everyone expected, no changes in the FAD chart.

EB2 progressed by 7 months in the DOF chart.
EB3 retrogressed by 2 months in the DOF chart.

Waits to be seen if USCIS will honor the DOF charts.

[Sebiswaiting]

Oct visa bulletin.
Towards the end of the bulletin, under header "potential monthly movement", it says that for EB3 India and China - " A retrogression of this date could occur as early as November "

[Transformer]

They also mentioned that EB2I will advance several months in the coming bulletin. Looks like now they realized the impacts of downgrading. That's pretty lame.

Also looks like they are waiting on pending legislations/Budget Bill before making any moves. CO has been telling until now that there won't be any retrogression at least until Q4 but once again he contradicts himself.

Budget Reconciliation is the only hope for people with later PDs.

[Sebiswaiting]

Yeah, hoping against hope that employment immigration provisions remains in the recon bill.

Regarding movements in upcoming months.. how I read it is.. EB2 FAD will move to reach filing date. Whereas EB3 might retrogress and and move back later to filing date.. as filing date is 7 days ahead of FAD.



They also mentioned that EB2I will advance several months in the coming bulletin. Looks like now they realized the impacts of downgrading. That's pretty lame.

Also looks like they are waiting on pending legislations/Budget Bill before making any moves. CO has been telling until now that there won't be any retrogression at least until Q4 but once again he contradicts himself.

Budget Reconciliation is the only hope for people with later PDs.

[rohanvus]

October visa bulletin is out now.

As everyone expected, no changes in the FAD chart.

EB2 progressed by 7 months in the DOF chart.
EB3 retrogressed by 2 months in the DOF chart.

Waits to be seen if USCIS will honor the DOF charts.

I am current under EB2 DOF (Dec 2, 2011 PD) chart but we dont know if USCIS will honor DOF .
How or when do we know USCIS will accept DOF for October bulletin ?
Sorry if this a noob question but really critical for me because have been struggling with downgrade to EB3 with my employer and if DOF will be accepted then i can start working on medicals and get prepared for October filing and ask my employer to start paper work in advance.

Please advise

[Sebiswaiting]

Look at this uscis space for Oct. It should inform about Oct by next 2-3 days if not today.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin



I am current under EB2 DOF (Dec 2, 2011 PD) chart but we dont know if USCIS will honor DOF .
How or when do we know USCIS will accept DOF for October bulletin ?
Sorry if this a noob question but really critical for me because have been struggling with downgrade to EB3 with my employer and if DOF will be accepted then i can start working on medicals and get prepared for October filing and ask my employer to start paper work in advance.

Please advise

[qesehmk]

I am current under EB2 DOF (Dec 2, 2011 PD) chart but we dont know if USCIS will honor DOF .
How or when do we know USCIS will accept DOF for October bulletin ?
Sorry if this a noob question but really critical for me because have been struggling with downgrade to EB3 with my employer and if DOF will be accepted then i can start working on medicals and get prepared for October filing and ask my employer to start paper work in advance.

Please advise

To my knowledge it has happened only once that USCIS did not honor VB dates. It happened when DOS tried to strong arm USCIS and moved dates aggressively to generate demand. Since then the VB is set with better coordination between agencies (read "with USCIS approval"). And so USCIS should honor all those dates.

[ImmiGiveMe]

Look at this uscis space for Oct. It should inform about Oct by next 2-3 days if not today.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

In last months' chat, I think CO mentioned that USCIS will accept DOF chart for the month of October. We will know in few days if USCIS will accept FAD chart or DOF chart for OCT 21 Bulletin.

[rohanvus]

To my knowledge it has happened only once that USCIS did not honor VB dates. It happened when DOS tried to strong arm USCIS and moved dates aggressively to generate demand. Since then the VB is set with better coordination between agencies (read "with USCIS approval"). And so USCIS should honor all those dates.
Thanks Q .
Its been a long journey (of 15 + years) just to be able to file 485 and if not for this forum would have found it very difficult to ride through this . I just dont want to miss this opportunity by any means - I think it makes sense that i book an appointment for medicals w/o any further delay .

Thanks for creating this forum and guidance

[sling10]

Thanks Q .
Its been a long journey (of 15 + years) just to be able to file 485 and if not for this forum would have found it very difficult to ride through this . I just dont want to miss this opportunity by any means - I think it makes sense that i book an appointment for medicals w/o any further delay .

Thanks for creating this forum and guidance

rohanvus - I am in the same boat and hoping to file 485 in October. My PD : 11/04/2011 has been current for the past 3 months in the DOF chart but USCIS has not honored the DOF chart. Based on what CO mentioned in the last chat about USCIS accepting the DOF chart in October, I am very hopeful. But, till USCIS does not confirm that, nothing can progress.

Anyways, I have already taken my medical appointment in advance after Charlie's chat last month (so that I do not get stuck with a situation that no appointments are available) for this Friday. I think you should do the same.

My employer is very adamant that they will not work on 485 SupJ till USCIS confirms that they will accept the DOF chart.

[krnashvom8]

Thanks Q .
Its been a long journey (of 15 + years) just to be able to file 485 and if not for this forum would have found it very difficult to ride through this . I just dont want to miss this opportunity by any means - I think it makes sense that i book an appointment for medicals w/o any further delay .

Thanks for creating this forum and guidance

Rohan and all who are FD (date for filing) current for Oct bulletin.. I'd recommend book medical appts asap to get in your applications on Oct-01 or thereabouts. We have seen they delays caused in getting biometric appts, EADs for those who filed late in Oct 2020. I'm sure USCIS will honor DOF at least for the next 2-3 bulletins..
just my opinion guys and good luck!

[qesehmk]

My employer is very adamant that they will not work on 485 SupJ till USCIS confirms that they will accept the DOF chart.
That's beyond ridiculous and a good sign that you should jump at the first chance. They value your bondage more than your skills.

[sling10]

Rohan and all who are FD (date for filing) current for Oct bulletin.. I'd recommend book medical appts asap to get in your applications on Oct-01 or thereabouts. We have seen they delays caused in getting biometric appts, EADs for those who filed late in Oct 2020. I'm sure USCIS will honor DOF at least for the next 2-3 bulletins..
just my opinion guys and good luck!

krnashvom8 - do you know if we ship the 485 package by overnight courier on 30th September which reaches USCIS on 1st October, is that considered valid ? OR Can the package not be shipped before 1st October ?

[qesehmk]

Thanks Q .
Its been a long journey (of 15 + years) just to be able to file 485 and if not for this forum would have found it very difficult to ride through this . I just dont want to miss this opportunity by any means - I think it makes sense that i book an appointment for medicals w/o any further delay .

Thanks for creating this forum and guidance
As always I will say it's a community effort. Please do what you can to help others. I honestly like to help people (if I can). GC backlogs and the whole H1B is fundamentally unamerican because they take away your freedom. That's why we do what we do.

All the best rohan. The end of the tunnel can be seen!

[gammaray]

rohanvus - I am in the same boat and hoping to file 485 in October. My PD : 11/04/2011 has been current for the past 3 months in the DOF chart but USCIS has not honored the DOF chart. Based on what CO mentioned in the last chat about USCIS accepting the DOF chart in October, I am very hopeful. But, till USCIS does not confirm that, nothing can progress.

Anyways, I have already taken my medical appointment in advance after Charlie's chat last month (so that I do not get stuck with a situation that no appointments are available) for this Friday. I think you should do the same.

My employer is very adamant that they will not work on 485 SupJ till USCIS confirms that they will accept the DOF chart.

Well yeah, I-485J is part of the I-485 application, and if the employer is filling the I-485 then they won't sanction the legal representative to begin the application until the date is current. That's just obvious. In any case filling the I-485 and gathering all the supporting documents is more time consuming than filling the I-485J which the lawyer/HR can complete in 1-2 days. So that's not going to hold anything up.

[sling10]

As always I will say it's a community effort. Please do what you can to help others. I honestly like to help people (if I can). GC backlogs and the whole H1B is fundamentally unamerican because they take away your freedom. That's why we do what we do.

All the best rohan. The end of the tunnel can be seen!

Q - Thanks for creating this community / forum in the first place.

The way I found about this forum is from my parents back in India. When they told me about this site years ago, I was surprised that the information came to me from India. It was published in a local Marathi newspaper and even the URL of the site was in Marathi. I found that very interesting and have been on the site on and off. In Oct 2020, I had high hopes that I would be able to file, but, my employer did not agree to downgrade.

The last year has been very intense and painful at times in the hope that I would atleast be able to file 485 sometime during the year, but, that did not happen. Hopefully, my turn comes in October. That's the reason, I would like USCIS to confirm that they will honor the DOF chart. I am on their page since morning refreshing every 15 mins or so but it still says : Coming Soon !!

[rohanvus]

rohanvus - I am in the same boat and hoping to file 485 in October. My PD : 11/04/2011 has been current for the past 3 months in the DOF chart but USCIS has not honored the DOF chart. Based on what CO mentioned in the last chat about USCIS accepting the DOF chart in October, I am very hopeful. But, till USCIS does not confirm that, nothing can progress.

Anyways, I have already taken my medical appointment in advance after Charlie's chat last month (so that I do not get stuck with a situation that no appointments are available) for this Friday. I think you should do the same.

My employer is very adamant that they will not work on 485 SupJ till USCIS confirms that they will accept the DOF chart.
Thanks sling.

Question - Are you taking the appointment in October or in September ?
Heard that now Covid vaccination is a must now , but whether this requires a new I-693 form now am not sure. Incase this requires updates to I-693 form , then should we take appointment for October dates ?

[krnashvom8]

krnashvom8 - do you know if we ship the 485 package by overnight courier on 30th September which reaches USCIS on 1st October, is that considered valid ? OR Can the package not be shipped before 1st October ?

sling, i dont know about that.. would defer to someone more knowledgeable to chime in. i think as long as its received by USCIS on Oct 01 or after that they should be ok and should not care when they were shipped..

[sling10]

Thanks sling.

Question - Are you taking the appointment in October or in September ?
Heard that now Covid vaccination is a must now , but whether this requires a new I-693 form now am not sure. Incase this requires updates to I-693 form , then should we take appointment for October dates ?

rohanvus - I have a scheduled appointment for September 17th. Like I said, I had taken this appointment 2 weeks back when the Covid vaccination was not a requirement. I messaged the USCIS twitter handle asking the question about an updated I-693, but, no response.

Based on asking around, what I understand is that any appointments before October 1st will continue with the current form. I will be asking the civil surgeon to include my Covid-19 vaccination details on the current form itself. So, I intend to go ahead with my appointment in September.

Don't know if/when there will be an updated version of the 693.

[sling10]

rohanvus - I have a scheduled appointment for September 17th. Like I said, I had taken this appointment 2 weeks back when the Covid vaccination was not a requirement. I messaged the USCIS twitter handle asking the question about an updated I-693, but, no response.

Based on asking around, what I understand is that any appointments before October 1st will continue with the current form. I will be asking the civil surgeon to include my Covid-19 vaccination details on the current form itself. So, I intend to go ahead with my appointment in September.

Don't know if/when there will be an updated version of the 693.

USCIS just confirmed that they will honor the DOF chart !!

For Employment-Based Preference Filings:
USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized. For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2021.

[andhraguy]

sling, i dont know about that.. would defer to someone more knowledgeable to chime in. i think as long as its received by USCIS on Oct 01 or after that they should be ok and should not care when they were shipped..

I would suggest to wait until USCIS publish filing chart for October 2021. should be out there in 1-2 days . If filing is open get Medical done asap and send applications with schedule delivery of 1st October.

[sling10]

I would suggest to wait until USCIS publish filing chart for October 2021. should be out there in 1-2 days . If filing is open get Medical done asap and send applications with schedule delivery of 1st October.

Thx andhraguy ! USCIS just confirmed that they will honor the DOF chart !!

For Employment-Based Preference Filings:
USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized. For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2021.

Are you saying that if I had the package ready now, I could have shipped them NOW with a delivery date of 1st October ?

[gammaray]

USCIS just confirmed that they will honor the DOF chart !!

For Employment-Based Preference Filings:
USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized. For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2021.

Where are you seeing this? This hasn't been released yet.

[rohanvus]

Thx andhraguy ! USCIS just confirmed that they will honor the DOF chart !!

For Employment-Based Preference Filings:
USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized. For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2021.

Are you saying that if I had the package ready now, I could have shipped them NOW with a delivery date of 1st October ?

Great Sling . But when i check below link it still shows Next month as "Coming soon"

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

Where exactly has USCIS confirmed this ?

[sling10]

Where are you seeing this? This hasn't been released yet.

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

[sling10]

Great Sling . But when i check below link it still shows Next month as "Coming soon"

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

Where exactly has USCIS confirmed this ?

The same link that you have mentioned. Maybe clear the browser cache and try again !

[andhraguy]

Thx andhraguy ! USCIS just confirmed that they will honor the DOF chart !!

For Employment-Based Preference Filings:
USCIS will not accept any new employment-based fifth preference adjustment of status applications based on the Regional Center Program until that program is reauthorized. For all other employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2021.

Are you saying that if I had the package ready now, I could have shipped them NOW with a delivery date of 1st October ?

I am happy to see that USCIS is accepting applications starting from October 1st. Best wishes for that. it is too early to send application. you should wait until end of the month. Either 30th September use overnight shipping or 2-3 days earlier send using specific day guaranteed delivery service to deliver on 1st October.

[Transformer]

Thanks sling.

Question - Are you taking the appointment in October or in September ?
Heard that now Covid vaccination is a must now , but whether this requires a new I-693 form now am not sure. Incase this requires updates to I-693 form , then should we take appointment for October dates ?

It's not when you take the appointment with the doctor or when it reaches USCIS. The critical date is when the doctor signs the form. If doctor signs on say 9/30 then they don't have to mention anything related to covid vaccine if not they need to. As of now USCIS didn't release any updated 693 form.

When I took my medicals few weeks ago, the doctor mentioned my covid vaccine 1st and 2nd dose dates in the remarks box. I think it is better to do it even if you are getting medicals before 10/1.

[SG2020]

I am happy to see that USCIS is accepting applications starting from October 1st. Best wishes for that. it is too early to send application. you should wait until end of the month. Either 30th September use overnight shipping or 2-3 days earlier send using specific day guaranteed delivery service to deliver on 1st October.

Quick question for the more informed/experienced on this forum: Do you expect retrogression in EB3 any time soon? And if yes, any thoughts on which date will PD retrogress to? I am asking based on the update by the Murthy team (https://www.murthy.com/2021/09/13/october-2021-visa-bulletin/) mentioning a possible retrogression as early as November. My PD is May 17, 2011. So I had downgraded to EB3 but am still waiting for any actions from TSC. I did complete my biometrics this Friday, but so far haven't seen any progress on the I-140. If retrogression is a real possibility, would I be better off moving back to EB2 since that is current too?

[sling10]

It's not when you take the appointment with the doctor or when it reaches USCIS. The critical date is when the doctor signs the form. If doctor signs on say 9/30 then they don't have to mention anything related to covid vaccine if not they need to. As of now USCIS didn't release any updated 693 form.

When I took my medicals few weeks ago, the doctor mentioned my covid vaccine 1st and 2nd dose dates in the remarks box. I think it is better to do it even if you are getting medicals before 10/1.

Thx Transformer ! Yes, that's my plan to have the civil surgeon include the Covid-19 vaccination details during my appointment in September.

[sling10]

I am happy to see that USCIS is accepting applications starting from October 1st. Best wishes for that. it is too early to send application. you should wait until end of the month. Either 30th September use overnight shipping or 2-3 days earlier send using specific day guaranteed delivery service to deliver on 1st October.

Thx andhraguy ! Bottomline, the 485 package should NOT reach before 1st October irrespective of when the package was shipped.

[Sebiswaiting]

The filing date for EB3 I is still Jan 2014. I think (ASSUME) that the final action date might retrogess (probably till early 2013) in between but get back to Jan 2014 again by/before 2022 Sept.

Your PD is in mid 2011, so there should not be any downgrade from eb2 for PDs before that date, considering EB2 mid 2011 FD was current in Oct 2021. So EB3, should not retrogress to any date prior to mid 2011. Since FD is still Jan2014, I am hoping FAD reaches that date by Sept 2022 again.

Recon bill hopefully gets some positive news for us though.



Quick question for the more informed/experienced on this forum: Do you expect retrogression in EB3 any time soon? And if yes, any thoughts on which date will PD retrogress to? I am asking based on the update by the Murthy team (https://www.murthy.com/2021/09/13/october-2021-visa-bulletin/) mentioning a possible retrogression as early as November. My PD is May 17, 2011. So I had downgraded to EB3 but am still waiting for any actions from TSC. I did complete my biometrics this Friday, but so far haven't seen any progress on the I-140. If retrogression is a real possibility, would I be better off moving back to EB2 since that is current too?

[idliman]

USCIS had already announced that they will accept dates of filing in October for all EB. For FB, they are accepting DF for all except FB2A (Current on FA).

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

So get your medical appointments and prepare I-693 without any worries.

[rohanvus]

The same link that you have mentioned. Maybe clear the browser cache and try again !

Thanks sling.

I have booked appointment on 27th sep (could not get any earlier ,though will keep trying other appointments) . However , i was thinking if I can have my vaccinations, etc all done at my primary care beforehand - then on the day of exam with USCIS doctor i can show all such proofs and get all the signed form earlier .

Do you know what all vaccinations or immunization or blood work ,etc we can do beforehand to save time ? Any tips will be helpful

[Immig7]

Experts,

Any idea if spill over has been considered in the forecast and the FAD, filling dates mentioned in the Oct bulletin? My priority date is Jan 22 2014 in EB2, so I also miss the boat on downgrading and filling in EB3 now in October. Is there any idea on where Jan 2014 dates will end up? Thanks much!

[singax]

Thanks sling.

I have booked appointment on 27th sep (could not get any earlier ,though will keep trying other appointments) . However , i was thinking if I can have my vaccinations, etc all done at my primary care beforehand - then on the day of exam with USCIS doctor i can show all such proofs and get all the signed form earlier .

Do you know what all vaccinations or immunization or blood work ,etc we can do beforehand to save time ? Any tips will be helpful

my doctor orders following tests:

Quantiferon TB,
Syphilis screen Treponemal &
Gonorrhea (Urine)

Checked following Vaccines, which we already had:
TDAP
MMR
FLU and
COVID

[sling10]

Thanks sling.

I have booked appointment on 27th sep (could not get any earlier ,though will keep trying other appointments) . However , i was thinking if I can have my vaccinations, etc all done at my primary care beforehand - then on the day of exam with USCIS doctor i can show all such proofs and get all the signed form earlier .

Do you know what all vaccinations or immunization or blood work ,etc we can do beforehand to save time ? Any tips will be helpful

That is what I have done already so as to save time and money. Most of these civil surgeons do not work with the insurance, not sure why. If you take vaccines from them, they will charge $95 (amounts may vary) per person / per vaccine.

I took the I-693 vaccination page along with me to my primary care physician and showed him the list of vaccinations needed by USCIS. I already had proof of TDap. He gave orders for bloodwork for MMR, Varicella and HepB. Based on the results of the bloodwork, I had to take the MMR and HepB vaccine. I also did the bloodwork for TB, Syphillis and the urine test for Gonorrhea.

I took the flu shot from CVS as well and have taken the Covid-19 vaccine too.

I plan to take all this paperwork along with me to the medical examination with the civil surgeon. Hopefully, I am not told to take any other vaccines / bloodwork.

[gammaray]

Thanks sling.

I have booked appointment on 27th sep (could not get any earlier ,though will keep trying other appointments) . However , i was thinking if I can have my vaccinations, etc all done at my primary care beforehand - then on the day of exam with USCIS doctor i can show all such proofs and get all the signed form earlier .

Do you know what all vaccinations or immunization or blood work ,etc we can do beforehand to save time ? Any tips will be helpful

Moderators can move this to the appropriate thread.

The civil surgeon will ask for proof of MMR and TDAP (within last 10 years). If there is no proof, need to get TDAP. For MMR he will recommend a blood test and if any of the three (mump, measles, rubella) antibodies are below minimum levels then you will have to take the MMR shot. Typically mumps antibodies decline with age, so some people fail that in spite of getting the childhood shot.

Including the MMR test, the other blood/urine tests which he will recommend are:

MMR AB (IGG) Panel -- blood test
Chlamydia/Gonorrhoeae RNA, TMA, Urogential --- Urine test
Varicella Zoster Virus Antibody (IGG) ---- blood test for chickenpox
RPR (DX) W/REFL Titer --- blood test for Syphilis
Quantiferon TB Gold Plus, 1 tube ----- blood test for TB

If the TB test comes back positive, a confirmatory X-ray will be required.

All these tests can be done at Quest Diagnostics or whatever lab exists in your area. Not sure if the labs conduct the testing without the doctors note. Also insurance will not cover the lab tests without a doctors note. Depending on the insurance all the tests are free (may have to pay some for the TB test). Without insurance the bill is around $1200.

Any of the vaccines (MMR, TDAP, Chickenpox) can be taken without a doctors note at a CVS/Walgreens -- which is free with insurance (if you take it at the civil surgeon or urgent care or elsewhere you have to pay).

All other vaccines listed on the I693 ( Hepatitis A/ B, pneumococcal, rotavirus, meningococcal) will be marked not age appropriate by the surgeon.

Caveat: Flu and Covid vaccines required after Oct 1.

If you can't find an earlier appointment with a doctor, I suggest searching for other civil surgeons in the area. Typically civil surgeons in urgent care etc. allow walk-ins and are available right away.

Hope this helps.

[sling10]

Moderators can move this to the appropriate thread.

The civil surgeon will ask for proof of MMR and TDAP (within last 10 years). If there is no proof, need to get TDAP. For MMR he will recommend a blood test and if any of the three (mump, measles, rubella) antibodies are below minimum levels then you will have to take the MMR shot. Typically mumps antibodies decline with age, so some people fail that in spite of getting the childhood shot.

Including the MMR test, the other blood/urine tests which he will recommend are:

MMR AB (IGG) Panel
Chlamydia/Gonorrhoeae RNA, TMA, Urogential --- Urine test
Varicella Zoster Virus Antibody (IGG) ---- chickenpox
RPR (DX) W/REFL Titer --- blood test for Syphilis
Quantiferon TB Gold Plus, 1 tube ----- TB

If the TB test comes back positive, a confirmatory X-ray will be required.

All these tests can be done at Quest Diagnostics or whatever lab exists in your area. Not sure if the labs conduct the testing without the doctors note. Also insurance will not cover the lab tests without a doctors note. Depending on the insurance all the tests are free (may have to pay some for the TB test). Without insurance the bill is around $1200.

Any of the vaccines (MMR, TDAP, Chickenpox) can be taken without a doctors note at a CVS/Walgreens -- which is free with insurance (if you take it at the civil surgeon or urgent care or elsewhere you have to pay).

All other vaccines listed on the I693 ( Hepatitis A/ B, pneumococcal, rotavirus, meningococcal) will be marked not age appropriate by the surgeon.

Caveat: Flu and Covid vaccines required after Oct 1.

If you can't find an earlier appointment with a doctor, I suggest searching for other civil surgeons in the area. Typically civil surgeons in urgent care etc. allow walk-ins and are available right away.

Hope this helps.

Pretty good info gammaray !

[rohanvus]

That is what I have done already so as to save time and money. Most of these civil surgeons do not work with the insurance, not sure why. If you take vaccines from them, they will charge $95 (amounts may vary) per person / per vaccine.

I took the I-693 vaccination page along with me to my primary care physician and showed him the list of vaccinations needed by USCIS. I already had proof of TDap. He gave orders for bloodwork for MMR, Varicella and HepB. Based on the results of the bloodwork, I had to take the MMR and HepB vaccine. I also did the bloodwork for TB, Syphillis and the urine test for Gonorrhea.

I took the flu shot from CVS as well and have taken the Covid-19 vaccine too.

I plan to take all this paperwork along with me to the medical examination with the civil surgeon. Hopefully, I am not told to take any other vaccines / bloodwork.

Does MMR vaccine require 2 doses and these 2 doses need to be taken with a month gap in between ?

[gammaray]

Does MMR vaccine require 2 doses and these 2 doses need to be taken with a month gap in between ?

No, single shot for adults.

[aGCHopefull]

No, single shot for adults.

Don't we need a booster shot for MMR?

for example: we had medical test done during 2015 fiasco and gotten a MMR shot. Would we need a booster now for that?

Also do they usually ask TDAP to be taken in about 8 years (I know 10 years by books)?

[srimurthy]

QQ - when filling in 485J, what will be the 485 filing date? Is it separate from the received date or is it the same?

[yubeie]

hi all..both mine (primary) and spouse (derivative) 485s were approved on 09/09/2021.. my 485j was also approved on the same day ..
But since then only spouse status changed from "Card Mailed" on 09/10 to "Card Picked Up by USPS" with tracking info on 09/13.

My application is still stuck in approved state since 09/09..I'm about to receive all the approval notices today by mail but my GC hasn't been mailed yet.
Has anyone seen/run into similar situation? Is this a matter of concern?

Thanks.

[gammaray]

Don't we need a booster shot for MMR?

for example: we had medical test done during 2015 fiasco and gotten a MMR shot. Would we need a booster now for that?

Also do they usually ask TDAP to be taken in about 8 years (I know 10 years by books)?

I am assuming everyone has had mmr in infancy. The single shot MMR as an adult is the booster shot. I haven't heard of anyone requiring two shots.

The books are right, its 10 years : https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-9

[sling10]

I am assuming everyone has had mmr in infancy. The single shot MMR as an adult is the booster shot. I haven't heard of anyone requiring two shots.

The books are right, its 10 years : https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-9

gammaray - Looks like you have great knowledge on the I-693 form and the associated process !! Good info...

[gammaray]

Looks like the Siskand lawsuit for USCIS adjudication delay was a bust (unsurprisingly of course -- hard to argue against what's in the INA and against a subjective process such as visa adjudications).

https://twitter.com/LilySAxelrod

[AceMan]

Looks like the Siskand lawsuit for USCIS adjudication delay was a bust (unsurprisingly of course -- hard to argue against what's in the INA and against a subjective process such as visa adjudications).

https://twitter.com/LilySAxelrod

196 people paid $ 2025 for this charade.

[andhraguy]

Gurus: my PD is 7/8/2011 -EB2. I?m current since September 1st and my employer is filing with Medicals.

Do you think skipping EAD and AP will speed up the process?

Thanks

EAD/AP and I-485 application process on a different path. I-485 approval does not depends on EAD/AP. I don't think it will speed up the approval process if you skip EAD/AP. Yes it will save you few hundred dollars :)

Submitting Medicals with I-485 application and NO RFE will definitely speed up the process.

[andhraguy]

Any insights on reconciliation bill. Democrats hope to approve without any Republican support.

https://thehill.com/latino/572118-house-panel-advances-immigration-language-for-reconciliation-bill

[qesehmk]

196 people paid $ 2025 for this charade.
That's ok. They tried. They should keep trying and keep raising visibility. Thats the only way to build mass support.

If I were in the court I would argue that the plaintiff's are awaiting not 7-8 months but 10-20 years. I would also ask USCIS why the delay in processing. Why it is so hard to adjudicate cases of people who are in the country legally for 15 years. I would have spent money on legal research to expose systemic bias and forced USCIS to defend itself that there is no bias and they are efficient. I would have literally asked them to provide approval timelines by country of origins across all kinds of applications.

That's why folks - not 196 but 196000 people should raise 2K each. Something on a much larger scale is needed to build a much better argument to expose systemic bias and then sue the heck out of them for civil damages to people's lives and careers.

[bangaloreboy]

Gurus: my PD is 7/8/2011 -EB2. I?m current since September 1st and my employer is filing with Medicals.

Do you think skipping EAD and AP will speed up the process?

Thanks

I dont think it impacts how soon you will get approved. It depends if EAD/AP is important to you...you skipping might help the backlogged community in general since it reduces workload, in a miniscule way...

[Positive]

That's ok. They tried. They should keep trying and keep raising visibility. Thats the only way to build mass support.

If I were in the court I would argue that the plaintiff's are awaiting not 7-8 months but 10-20 years. I would also ask USCIS why the delay in processing. Why it is so hard to adjudicate cases of people who are in the country legally for 15 years. I would have spent money on legal research to expose systemic bias and forced USCIS to defend itself that there is no bias and they are efficient. I would have literally asked them to provide approval timelines by country of origins across all kinds of applications.

That's why folks - not 196 but 196000 people should raise 2K each. Something on a much larger scale is needed to build a much better argument to expose systemic bias and then sue the heck out of them for civil damages to people's lives and careers.

100%. This should have been class action. They should file a class action asap because the story of wasted visas is going to repeat itself next year. There is zero evidence that USCIS has hired any extra workers to handle the avalanche of EB AOS filings in the past year or plan to do next year despite it being a user funded agency and despite millions of dollars they collected from the applicants the past year.

[AceMan]

That's ok. They tried. They should keep trying and keep raising visibility. Thats the only way to build mass support.

If I were in the court I would argue that the plaintiff's are awaiting not 7-8 months but 10-20 years. I would also ask USCIS why the delay in processing. Why it is so hard to adjudicate cases of people who are in the country legally for 15 years. I would have spent money on legal research to expose systemic bias and forced USCIS to defend itself that there is no bias and they are efficient. I would have literally asked them to provide approval timelines by country of origins across all kinds of applications.

That's why folks - not 196 but 196000 people should raise 2K each. Something on a much larger scale is needed to build a much better argument to expose systemic bias and then sue the heck out of them for civil damages to people's lives and careers.

I think you missed the big picture here. USCIS did not include the potential spill over for FY22 in the October bulletin. That means they get to do whatever they can. This law suit screwed up the chances for filers beyond 2013.

[MKPD2015]

I think you missed the big picture here. USCIS did not include the potential spill over for FY22 in the October bulletin. That means they get to do whatever they can. This law suit screwed up the chances for filers beyond 2013.

Hi Aceman,

Sorry am a bit confused here. How can you say that USCIS did not include potential spillover for Fy22 in Oct Bulletin? If they didn't, why would the bulletin say EB3 could retrogress as early as Nov and potential final action date for ROW applicants ? Also how come EB2 filing dates moved 7 months to July 8, 2012 without spillover consideration.

[sudebusa]

I think you missed the big picture here. USCIS did not include the potential spill over for FY22 in the October bulletin. That means they get to do whatever they can. This law suit screwed up the chances for filers beyond 2013.

Totally agree with you. That lawyer (GS) is a snake; he didn't sue to help the immigrants. He always has just two goals, earning money and screwing us. This lawsuit just gave a hall pass to USCIS to waste more visas in FY2022.

[AceMan]

Hi Aceman,

Sorry am a bit confused here. How can you say that USCIS did not include potential spillover for Fy22 in Oct Bulletin? If they didn't, why would the bulletin say EB3 could retrogress as early as Nov and potential final action date for ROW applicants ? Also how come EB2 filing dates moved 7 months to July 8, 2012 without spillover consideration.

Compare the bulletin in October 20 and October 21. For October 20 they had EB numbers at 262500 whereas for October 21 it shows 140,000. There is no ROW applicants waiting to apply yet. The lawsuit by great lawyer ensured that going forward USCIS will show only 140,000 and allocate the spillover at their whims and fancy.

[Sebiswaiting]

Spillover is by law isn't it, so it has to be counted whether in Oct or Nov. Utilising them is another thing. I personally don't think this lawsuit will do anything to make USCIS hurt 'ego' or anything. USCIS work will be determined a lot by the administration , uscis leader, and the overall guidance it recieves top down.

With estimated 85k wastage from this year, a lot of 'demand' will spillover to next year too, and the supply spillover from fb will take care of these demands. In the process new applicants, like us with pd in 2014, 2015 etc lost out due to broken system/incompetent USCIS planing/opaque rules in terms of utilising visa in the early quarters.

If somehow Immigration provisions in budget recon moves forward, we can see some hope.


Compare the bulletin in October 20 and October 21. For October 20 they had EB numbers at 262500 whereas for October 21 it shows 140,000. There is no ROW applicants waiting to apply yet. The lawsuit by great lawyer ensured that going forward USCIS will show only 140,000 and allocate the spillover at their whims and fancy.

[qesehmk]

I think you missed the big picture here. USCIS did not include the potential spill over for FY22 in the October bulletin. That means they get to do whatever they can. This law suit screwed up the chances for filers beyond 2013.
Nope there is no big picture - at least not the way you see it.

First the VB is not a USCIS thing. It is DOS thing. Particularly the visa availability is solely determined by DOS (USCIS can ask for a visa and tell DOS how many they used. But USCIS is not custodian). Typically DOS takes a month or two to determine visa availability. CO has already indicated the availability (which I am 80% sure will be bigger than last year). So no USCIS is not playing any games in this VB.

As per the lawsuit, I do not have any information that makes me believe it has harmed any future chances for EB folks. The lawyer earned some money. Of course. But is it any secret? And since when it is a crime for a lawyer to earn money? It is not a good idea to accuse somebody - particularly a lawyer - without specific information. I don't know Greg Siskind even remotely. I am sure he has no clue who I am. I have no reason to defend him or his lawsuit. I do think most immigration lawyers are in bed with corporations when it comes to H1B slavery. But I don't go about naming specific people. It's not very wise for many different reasons.

Finally - if you think this lawsuit was complete waste of money then what in your opinion is remedy or way forward for backlogged people?

IMHO they need to fight in the court of law as well as in the court of public opinion.

[AceMan]

Nope there is no big picture - at least not the way you see it.

First the VB is not a USCIS thing. It is DOS thing. Particularly the visa availability is solely determined by DOS (USCIS can ask for a visa and tell DOS how many they used. But USCIS is not custodian). Typically DOS takes a month or two to determine visa availability. CO has already indicated the availability (which I am 80% sure will be bigger than last year). So no USCIS is not playing any games in this VB.

As per the lawsuit, I do not have any information that makes me believe it has harmed any future chances for EB folks. The lawyer earned some money. Of course. But is it any secret? And since when it is a crime for a lawyer to earn money? It is not a good idea to accuse somebody - particularly a lawyer - without specific information. I don't know Greg Siskind even remotely. I am sure he has no clue who I am. I have no reason to defend him or his lawsuit. I do think most immigration lawyers are in bed with corporations when it comes to H1B slavery. But I don't go about naming specific people. It's not very wise for many different reasons.

Finally - if you think this lawsuit was complete waste of money then what in your opinion is remedy or way forward for backlogged people?

IMHO they need to fight in the court of law as well as in the court of public opinion.

Visa bulletin is issued by DOS. They also know the count of FB visa processing and exact count to date the number of visas processed in consulates. They had clearly indicated 262 K visas available in October 2020 bulletin, this number came down to 140K in October 2021. Just a glance at Specs document would make it clear there are going to be nearly 150K + visas spilled over from family to EB for FY22. They just set it to mandated 140K for 2022. The spillover rule mentions about visas from FB to EB. Nowhere it insist on DOS/USCIS to clear more than 140K visas minimum a year for Employment. Anything more is at their mercy. This is where this lawsuit directly impacted in the decision making of DOS. USCIS made maximum efforts to use the available visas, however this lawsuit ensured that no more than 140K for FY22.

The jumping gun lawyer screwed up in 2015 with visagate lawsuit. All you need is to read the live tweets which clearly indicated how this lawsuit is going to end. Lawsuit is not a crime, but the 196 people who joined for a screwed up lawsuit is the reason why lawyers like him will continue these shenanigans totally detrimental to EB applicants.

Backlogged people - People beyond 2015 have the option for spouses to work. Almost all the new people coming in are skilled couples, they can make enough money. Many Indians who worked in Middle East did that for last 50 years. The 7% rule is designed to keep non-European immigration in control and just don't even bother to join any immigration action plans. There are no friends for EB immigration in any party. Don't confuse sympathetic views, it is all working with an angle. Grassley, Schumer, Durbin all are experienced hands with their own agenda's and Employment immigration is not a priority for them. The only person who was really sincere about this was Kevin Yoder, but his own party and special interest groups torpedoed him.

Now you mentioned public opinion. We had an article in SF times few years back when people were talking about H4EAD withdrawal. One person was mentioned her concern of paying their 4500 mortgage amount if she loses the job. There was counter by another journalist claiming while Americans are jobless H4EAD takes all the high paying jobs and they have million dollar mansions, the journalist conveniently ignored the fact that SFO is most expensive average real estate in US. But it was intended and succeeded in creating some public aversion against highly paid Indians around US.

Lawsuits just give you a feeling that you have avenues to address your concerns. In reality it is just a tool for lawyers to squeeze more money out of gullible applicants. The questions asked by the Judge in the lawsuit makes it very clear that he has no clue of what the case was about and the plaintiff law firm is totally inept to handle the case. But with nearly $400,000 in the account, he is laughing all the way to the bank.

[qesehmk]

Visa bulletin is issued by DOS. They also know the count of FB visa processing and exact count to date the number of visas processed in consulates. They had clearly indicated 262 K visas available in October 2020 bulletin, this number came down to 140K in October 2021. Just a glance at Specs document would make it clear there are going to be nearly 150K + visas spilled over from family to EB for FY22. They just set it to mandated 140K for 2022. The spillover rule mentions about visas from FB to EB. Nowhere it insist on DOS/USCIS to clear more than 140K visas minimum a year for Employment. Anything more is at their mercy. This is where this lawsuit directly impacted in the decision making of DOS. USCIS made maximum efforts to use the available visas, however this lawsuit ensured that no more than 140K for FY22.

The jumping gun lawyer screwed up in 2015 with visagate lawsuit. All you need is to read the live tweets which clearly indicated how this lawsuit is going to end. Lawsuit is not a crime, but the 196 people who joined for a screwed up lawsuit is the reason why lawyers like him will continue these shenanigans totally detrimental to EB applicants.

Backlogged people - People beyond 2015 have the option for spouses to work. Almost all the new people coming in are skilled couples, they can make enough money. Many Indians who worked in Middle East did that for last 50 years. The 7% rule is designed to keep non-European immigration in control and just don't even bother to join any immigration action plans. There are no friends for EB immigration in any party. Don't confuse sympathetic views, it is all working with an angle. Grassley, Schumer, Durbin all are experienced hands with their own agenda's and Employment immigration is not a priority for them. The only person who was really sincere about this was Kevin Yoder, but his own party and special interest groups torpedoed him.

Now you mentioned public opinion. We had an article in SF times few years back when people were talking about H4EAD withdrawal. One person was mentioned her concern of paying their 4500 mortgage amount if she loses the job. There was counter by another journalist claiming while Americans are jobless H4EAD takes all the high paying jobs and they have million dollar mansions, the journalist conveniently ignored the fact that SFO is most expensive average real estate in US. But it was intended and succeeded in creating some public aversion against highly paid Indians around US.

Lawsuits just give you a feeling that you have avenues to address your concerns. In reality it is just a tool for lawyers to squeeze more money out of gullible applicants. The questions asked by the Judge in the lawsuit makes it very clear that he has no clue of what the case was about and the plaintiff law firm is totally inept to handle the case. But with nearly $400,000 in the account, he is laughing all the way to the bank.

Ace there are 3 things you speak of so I will keep it succint:
1) The VB - the bottomline is the number will be revised - no doubt. Last year may be an exception. Traditionally the number is not immediately know. Go back into history and look for yourself if you don't believe me.
2) The lawsuit - Even if we assume the lawsuit was ill conceived and executed - that by itself doesn't mean people should stop trying. May be another more competent lawyer can be useful.
3) The path forward - Your suggestion that people work 50 years like in middle east is completely unacceptable to me. And I am fairly certainly you won't find even 1% backers to that.
4) The public opinion - There always is and will be opposition as you try to make your case. You should not even try to win over the hardliners. Just focus on middle of the path people. There is plenty of americans who fall in that category. Remember trumpsters are still 37% or so in number. Majority of Americans are not racist and value hardwork and talent.

[AceMan]

Ace there are 3 things you speak of so I will keep it succint:
1) The VB - the bottomline is the number will be revised - no doubt. Last year may be an exception. Traditionally the number is not immediately know. Go back into history and look for yourself if you don't believe me.
2) The lawsuit - Even if we assume the lawsuit was ill conceived and executed - that by itself doesn't mean people should stop trying. May be another more competent lawyer can be useful.
3) The path forward - Your suggestion that people work 50 years like in middle east is completely unacceptable to me. And I am fairly certainly you won't find even 1% backers to that.
4) The public opinion - There always is and will be opposition as you try to make your case. You should not even try to win over the hardliners. Just focus on middle of the path people. There is plenty of americans who fall in that category. Remember trumpsters are still 37% or so in number. Majority of Americans are not racist and value hardwork and talent.

1. I concur with you. Last year may be an isolation to the years before. They give the exact numbers in the September bulletins which is the last one of a FY.
2. The lawsuit from GS was nefarious and designed to loot money from EB immigrants. This is the statement from September 21 bulletin "The fiscal year 2021 limit for employment-based preference immigrants calculated under INA 201 is 262,288." The law mandates minimum usage of 140,000. So there was no wastage as claimed by GS. But just like many of guys in the past who claimed EB1C abuse, the lawyer managed to get 196 gullible souls to cough out $2025. People will still continue to cry EB1C abuse.
3. I was defining a base line expectation. HR 3012 came a decade back. Due to different learning experiences by IV that bill never passed even after many iterations. Even if the 100 % of backlogged people are against it, people in power do not care as you are not a vote bank.
4. While I agree Biden administration removed lot of hassles for non-immigrant visa holders, nothing favorable came to backlogged EB applicants. Majority of Americans are silent, complicit and downplay racist overtures. The hard left and hard right have identical agendas, so for 37% of Trumpsters you have 37% of equal and opposite Sanders/AOC/Illan/Tayb crowd which indicates the decent crowd is 1 in 4. To put the 37% in perspective, Modi won 2 national elections in India with 31 and 34%.

[qesehmk]

1. I concur with you. Last year may be an isolation to the years before. They give the exact numbers in the September bulletins which is the last one of a FY.
2. The lawsuit from GS was nefarious and designed to loot money from EB immigrants. This is the statement from September 21 bulletin "The fiscal year 2021 limit for employment-based preference immigrants calculated under INA 201 is 262,288." The law mandates minimum usage of 140,000. So there was no wastage as claimed by GS. But just like many of guys in the past who claimed EB1C abuse, the lawyer managed to get 196 gullible souls to cough out $2025. People will still continue to cry EB1C abuse.
3. I was defining a base line expectation. HR 3012 came a decade back. Due to different learning experiences by IV that bill never passed even after many iterations. Even if the 100 % of backlogged people are against it, people in power do not care as you are not a vote bank.
4. While I agree Biden administration removed lot of hassles for non-immigrant visa holders, nothing favorable came to backlogged EB applicants. Majority of Americans are silent, complicit and downplay racist overtures. The hard left and hard right have identical agendas, so for 37% of Trumpsters you have 37% of equal and opposite Sanders/AOC/Illan/Tayb crowd which indicates the decent crowd is 1 in 4. To put the 37% in perspective, Modi won 2 national elections in India with 31 and 34%.
You can not say you agree that last year may be isolation and then immediately say they give exact numbers in September bulletins.

No they don't. Last year was exception. Usually the spillover adjustment is made 1-2-3-4 months late. Usually 4 months out the adjustment will be reflected.

I already said even if the lawsuit is ill executed doesn't mean people should stop trying.

Country cap removal is absolutely a worthy goal but IV created animosity where there was no need. Less said the better. They are now untouchables on the hill. If I were a democrat I wouldn't meet them ever. And I don't think any dem should meet them. IV simply has no understanding of immigration politics. Enough said. But yes country cap remains a completely worthy goal. And I do think legislative judicial and public opinion all three are needed. It's not one or the other.

Majority of people are busy with their lives. If they ignore racist overtures doesn't mean they are complicit. Honestly I also don't think every trump supporter is necessarily a racist. But every anti immigrant racist sure is a trump supporter. I will leave modi out of this :)

[AceMan]

You can not say you agree that last year may be isolation and then immediately say they give exact numbers in September bulletins.

No they don't. Last year was exception. Usually the spillover adjustment is made 1-2-3-4 months late. Usually 4 months out the adjustment will be reflected.

I already said even if the lawsuit is ill executed doesn't mean people should stop trying.

Country cap removal is absolutely a worthy goal but IV created animosity where there was no need. Less said the better. They are now untouchables on the hill. If I were a democrat I wouldn't meet them ever. And I don't think any dem should meet them. IV simply has no understanding of immigration politics. Enough said. But yes country cap remains a completely worthy goal. And I do think legislative judicial and public opinion all three are needed. It's not one or the other.

Majority of people are busy with their lives. If they ignore racist overtures doesn't mean they are complicit. Honestly I also don't think every trump supporter is necessarily a racist. But every anti immigrant racist sure is a trump supporter. I will leave modi out of this :)

I looked up the bulletins and said you were right. They put the yearly availability only on the September bulletin.

A leadership purge of IV with new blood might provide a new life for the organization. Easier said than done.

I used Modi only for the numerical % you put. I have absolutely no idea of what India is for the last decade since I have not gone there.

[qesehmk]

I looked up the bulletins and said you were right. They put the yearly availability only on the September bulletin.

A leadership purge of IV with new blood might provide a new life for the organization. Easier said than done.

I used Modi only for the numerical % you put. I have absolutely no idea of what India is for the last decade since I have not gone there.

I misunderstood. Sorry. Thanks for confirming that Sep bulletin usually only shows base visa cap.

I think - just like Jonty did with physicians - some people need to come together and form a better advocacy group.

As per Modi - I was simply trying to avoid his mention. I personally think he is a disaster and has set India back by a decade at least. But that's a digression. Yes your point about 35% support is quite valid.

[andhraguy]

Summary of Charlie's live video yesterday

-EB3-I No forward movement in FY 2022. He saw extreme surge of EB3 applications, Retrogression is expected.
-EB2-I may move slowly in coming months
-He already considered 290K visa including 150K spillover for FY 2022. That is not sufficient for FY 2020 pending applications.

Now only hope left on reconciliation bill

Gurus - Any insights ?

[Waiting4GC]

I misunderstood. Sorry. Thanks for confirming that Sep bulletin usually only shows base visa cap.

I think - just like Jonty did with physicians - some people need to come together and form a better advocacy group.

As per Modi - I was simply trying to avoid his mention. I personally think he is a disaster and has set India back by a decade at least. But that's a digression. Yes your point about 35% support is quite valid.

Good points. It seems there is some traction in media. At least a start. https://fox59.com/morning-news/local-doctor-receives-green-card-after-19-years-in-u-s/

[AceMan]

I misunderstood. Sorry. Thanks for confirming that Sep bulletin usually only shows base visa cap.

I think - just like Jonty did with physicians - some people need to come together and form a better advocacy group.

As per Modi - I was simply trying to avoid his mention. I personally think he is a disaster and has set India back by a decade at least. But that's a digression. Yes your point about 35% support is quite valid.


Special interest groups - the problem with them is they are niche and they generally tend to be very rich. All it takes is one anti-immigration reporter to spin it as an entitled request and the story fizzles out. Unlimited renewals, working spouse, income percentile among the top 10% of yearly earners, the odds against are very high. I believe the 7% rule is intentional and by design.

Modi is like a drug to people. You praise Modi, they are calm, you present any criticism , the fans are literally violent. When I say fans it is not just outsiders, close family and even people who were close friends in the past.

[LeoAugust]

Summary of Charlie's live video yesterday

-EB3-I No forward movement in FY 2022. He saw extreme surge of EB3 applications, Retrogression is expected.
-EB2-I may move slowly in coming months
-He already considered 290K visa including 150K spillover for FY 2022. That is not sufficient for FY 2020 pending applications.

Now only hope left on reconciliation bill

Gurus - Any insights ?

"That is not sufficient for FY 2020 pending applications."- This point I could not understand. I could not join the meeting but what I heard from others the ROW is high and EB3-I has surpassed and overflowing. How they are impacting is to found out? But if EB3-I has to be retrogressed if so then how long...?

[andhraguy]

"That is not sufficient for FY 2020 pending applications."- This point I could not understand. I could not join the meeting but what I heard from others the ROW is high and EB3-I has surpassed and overflowing. How they are impacting is to found out? But if EB3-I has to be retrogressed if so then how long...?

I meant the new 485 applications filed in FY 2021 are way more than the spill overs.

[LeoAugust]

"That is not sufficient for FY 2020 pending applications."- This point I could not understand. I could not join the meeting but what I heard from others the ROW is high and EB3-I has surpassed and overflowing. How they are impacting is to found out? But if EB3-I has to be retrogressed if so then how long...?

That's the reason why they have retrogressed from i-Jan-2015 to 1-Jan-2014. On that scenario... SO will be more than APPs. Also the number of i140 approved in SRc is just 10k and total application went to lin is 20k(i140). This is where it is intriguing...

[inspired_p]

Summary of Charlie's live video yesterday

-EB3-I No forward movement in FY 2022. He saw extreme surge of EB3 applications, Retrogression is expected.
-EB2-I may move slowly in coming months
-He already considered 290K visa including 150K spillover for FY 2022. That is not sufficient for FY 2020 pending applications.

Now only hope left on reconciliation bill

Gurus - Any insights ?

I think this was expected. 262K visas were supposed to be allocated in FY2020 and based on that DOS moved the dates in Oct 2020. But USCIS has wasted ~80K to 90K visas , issuing only 180K at the most. Hence, even though FY2021 has potential of 290K visas out of that 80K have already been accounted for in FY2020 demand without getting greened.

But for the wastage of 80K visas last year, we would have seen a very similar surge in PD in the Oct 2021 bulletin.

[qesehmk]

But for the wastage of 80K visas last year, we would have seen a very similar surge in PD in the Oct 2021 bulletin.

This I am not sure about. I will have to some day sit down and look at it. My gut feel is that the dates were moved in 2021 with assumption that all visas will be utilized but since now the visas are significantly underutilized the visa office thinks a further date movement for backlogged countries may not be needed.

[inspired_p]

This I am not sure about. I will have to some day sit down and look at it. My gut feel is that the dates were moved in 2021 with assumption that all visas will be utilized but since now the visas are significantly underutilized the visa office thinks a further date movement for backlogged countries may not be needed.

Unless I am misunderstood; that's the same point I am making . If the wastage of visas had not happened visa office would have had to move the PDs out to get more applications, currently the 80K plus applications waiting to be adjuticated makes further movement not a necessity

[MidWestMaverick]

Unless I am misunderstood; that's the same point I am making . If the wastage of visas had not happened visa office would have had to move the PDs out to get more applications, currently the 80K plus applications waiting to be adjuticated makes further movement not a necessity

Follow-up question - has the potential wastage/USCIS processing limitation been assumed in FY22's in deciding the DOF ? If no, then this will horror story will repeat next september as well...

[qesehmk]

Unless I am misunderstood; that's the same point I am making . If the wastage of visas had not happened visa office would have had to move the PDs out to get more applications, currently the 80K plus applications waiting to be adjuticated makes further movement not a necessity

Yes indeed!

[qesehmk]

@gc_dedo posted this question about COVID and Travel to India. I think this is important to many of us.
Please take a look and share if you have first hand experience!

https://www.qesehmk.org/forums/showthread.php/2977-COVID-and-Traveling-to-India

[rsnake]

https://www.cnn.com/2021/09/19/politics/immigration-senate-parliamentarian-budget-reconciliation/index.html

[inspired_p]

Follow-up question - has the potential wastage/USCIS processing limitation been assumed in FY22's in deciding the DOF ? If no, then this will horror story will repeat next september as well...

Apparently, the DOS has taken the realistic approach. I think DOF will not move anymore in FY2022, and as stated by charlie there might be retrogression in FAD for EB3 as well soon
I don't foresee too many see saw movements in FAD

[idliman]

https://www.cnn.com/2021/09/19/politics/immigration-senate-parliamentarian-budget-reconciliation/index.html
Washington (CNN)Senate Democrats likely will not be able to include a pathway to legalization for millions of immigrants in their $3.5 trillion bill to expand the country's social safety net after new guidance from the Senate parliamentarian Sunday night.

Disappointing news for those hoping for a miracle.

[qesehmk]

Disappointing news for those hoping for a miracle.

For FB certainly a bad news. But for EB it's a bit of a mixed news.

Their choice was either receive another 150K+ extra visas from FB (now more likely) or reclaim last year's 100K unused and keep using it until it is exhausted (under the new legalization add on to infra bill).

On plus side eitherway EB would benefit with extra visas and on the negative side it really doesn't matter much if EB India gets more or less numbers when USCIS continues to underutilize the numbers and country caps remain in force.

[MidWestMaverick]

Apparently, the DOS has taken the realistic approach. I think DOF will not move anymore in FY2022, and as stated by charlie there might be retrogression in FAD for EB3 as well soon
I don't foresee too many see saw movements in FAD

I agree with you on DOS's approach. On one hand people (like me) will miss on atleast getting EAD, but this approach will save them from the headache of retrogression/see-saw movement atleast for EB2 in the near future. I am hoping/guessing EB2 and 3 queues get into a state of equilibrium by September 2022.

[rohanvus]

gammaray - Looks like you have great knowledge on the I-693 form and the associated process !! Good info...

Hey Sling ,

Hope your filing process is going smoothly .
Just to clarify - We don't need I-944 form anymore while filing 485 or is that still applicable ?

[sling10]

Hey Sling ,

Hope your filing process is going smoothly .
Just to clarify - We don't need I-944 form anymore while filing 485 or is that still applicable ?

Hey rohanvus, Yes I-944 is not needed anymore. Following forms will be needed :

G-1145 (Optional)
I-485
I-485 Supplement J (Only for the primary applicant)
I-765
I-131
I-693

I presume you are filing by yourself too. How are you packaging the entire application. I am separating them by form types, for eg: 485 for me and my dependents in 1 envelope, 765 for me and my dependents in another envelope and 131 for me and my dependents in a 3rd envelope and then putting all the 3 envelopes in a single big envelope. Is that how you are packaging your application too ?

Also, are you fastening the forms by punching holes using a double hole punch and then using fasteners to fasten them OR just using a big paper clip to hold the form along with the supporting documents together ?

[gammaray]

Hey rohanvus, Yes I-944 is not needed anymore. Following forms will be needed :

G-1145 (Optional)
I-485
I-485 Supplement J (Only for the primary applicant)
I-765
I-131
I-693

I presume you are filing by yourself too. How are you packaging the entire application. I am separating them by form types, for eg: 485 for me and my dependents in 1 envelope, 765 for me and my dependents in another envelope and 131 for me and my dependents in a 3rd envelope and then putting all the 3 envelopes in a single big envelope. Is that how you are packaging your application too ?

Also, are you fastening the forms by punching holes using a double hole punch and then using fasteners to fasten them OR just using a big paper clip to hold the form along with the supporting documents together ?

You should not be punching anything. There are several guides/instructions online on how to assemble packages. Here are a couple:

https://www.youtube.com/watch?v=LXc0mGmBcWI
https://www.youtube.com/watch?v=mxIZvLwwzN0

[sling10]

You should not be punching anything. There are several guides/instructions online on how to assemble packages. Here are a couple:

https://www.youtube.com/watch?v=LXc0mGmBcWI
https://www.youtube.com/watch?v=mxIZvLwwzN0

gammaray - Thanks for the links ! Infact, I have watched them before. The form filing tips link on the USCIS website : https://www.uscis.gov/forms/filing-guidance/form-filing-tips mentions the following :

Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.

I am inclined towards not hole punching the package.

[newyorker123]

Disappointing news for those hoping for a miracle.

Lots of action happening on the political frontlines, so not all hope is gone. For instance, yesterday there were talks of moving the immigration registry date from 1972 to a later date, lets say X - which will effectively grant GC to anyone in US who came before X. The Parliamentarian can be overridden too - happened earlier this year.

This is the last chance for Dems to push immigration reform. Next year being Election year.

[idliman]

Lots of action happening on the political frontlines, so not all hope is gone. For instance, yesterday there were talks of moving the immigration registry date from 1972 to a later date, lets say X - which will effectively grant GC to anyone in US who came before X. The Parliamentarian can be overridden too - happened earlier this year.

This is the last chance for Dems to push immigration reform. Next year being Election year.
I wish sucess for everyone and most importantly for all the backloggers to get out of this queue. If you have followed my posts so far, I always tell everyone to not trust their AILA attorneys and their company (blindly). While I never had any issues with my company (or most US based companies), I find it that for most of the India based IT companies this is an issue for many. You have to have enough knowledge to analyze what the attorneys are recommending. Try not to blindly follow what the company / attorney are offering as a solution.

On the topic; I came across a post that said that Dick Durbin never submitted the Employment based provisions for review by the Senate Parlimentarian. I leave you to analyze the true intention of Democrat here and you can replace it with Republicans easily if they are the majority. Second, it looks like Greg Siskind lawsuite for GC uasage has been tossed out by the judge. Third the latest talk is to set the registry date to 1JAN2010. That may help a few who landed here before 2010, but most backloggers will still be in the backlog.

It is my understanding that everyone knows that backloggers are the golden goose. Everyone wants to take advantage of the backloggers, be it the company or the AILA attorneys. I know it is very hard to be grounded when these things pop-up once in a while (I went through that). My advice would be to get on with your lives and try not to get emotionally attached to these things that are beyond your control.

[qesehmk]

Everyone wants to take advantage of the backloggers, be it the company or the AILA attorneys. I know it is very hard to be grounded when these things pop-up once in a while (I went through that). My advice would be to get on with your lives and try not to get emotionally attached to these things that are beyond your control.
Absolutely :)

[longwaitgigu]

Hello idliman
What do you mean by registry date?

[idliman]

Hello idliman
What do you mean by registry date?
Legalization Through "Registry" (https://www.americanimmigrationcouncil.org/sites/default/files/research/legalization_through_registry.pdf)
Hope This Helps!

[longwaitgigu]

Thankyou idliman
I never knew this kind of rule exists.
Does it have to pass through house and Senate?

[longwaitgigu]

I have a question if any one can answer please
There is a theory which I am reading everywhere- uscis approving green cards with PD of 2011, 2012, 2013 rather than 2009,2010 coz they r predicting 2009 and 10 will stay current so it could be utilized from 2022 quota.
I have filed in November 2020 and PD- OCT- 2010 and still not received i485j or GC. Ead/ap approved in August. I see many approvals past my RD and PD. So I am thinking the above theory is applicable.
It is really frustrating and agonizing that we have to suffer and see people beyond our PD getting GC. All of a sudden PD doesn't matter.
The question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights

[alpha0]

Legalization Through "Registry" (https://www.americanimmigrationcouncil.org/sites/default/files/research/legalization_through_registry.pdf)
Hope This Helps!

If it was that easy, i am surprised Obama did not change the registry date when he could.

[andhraguy]

I have a question if any one can answer please
There is a theory which I am reading everywhere- uscis approving green cards with PD of 2011, 2012, 2013 rather than 2009,2010 coz they r predicting 2009 and 10 will stay current so it could be utilized from 2022 quota.
I have filed in November 2020 and PD- OCT- 2010 and still not received i485j or GC. Ead/ap approved in August. I see many approvals past my RD and PD. So I am thinking the above theory is applicable.
It is really frustrating and agonizing that we have to suffer and see people beyond our PD getting GC. All of a sudden PD doesn't matter.
The question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights

I do not agree with that theory. My take is USIS is still prioritizing 2009, 2010 cases and taking immediate action on these cases wherever possible. Also trying to utilize maximum visa usages by allocating GC to those having straight cases and has no RFE. so far what I saw 2012,2013 cases who got their GC recently is mostly due to No RFE and straight cases. There might be some exception, some luck and how adjudication officer is working.

Few cases are pending for final approval since 4-5+ months after submitting medicals, where are few cases are getting approved with in 1-2 weeks after RFE response is received. My friend your PD is 2010 and you will definitely get approval soon. Just matter is time. your PD is not going to retrogress. you have weighted so long, few more days/months.

[gcconnect]

I have a question if any one can answer please
There is a theory which I am reading everywhere- uscis approving green cards with PD of 2011, 2012, 2013 rather than 2009,2010 coz they r predicting 2009 and 10 will stay current so it could be utilized from 2022 quota.
I have filed in November 2020 and PD- OCT- 2010 and still not received i485j or GC. Ead/ap approved in August. I see many approvals past my RD and PD. So I am thinking the above theory is applicable.
It is really frustrating and agonizing that we have to suffer and see people beyond our PD getting GC. All of a sudden PD doesn't matter.
The question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights

Not sure which theory is applicable for this approval process. Waiting for 10 years was so simple and never tensed. This Zig zag approvals makes me so nervous. I have given Biometrics in Jan 2021 and same status is going on...

[aGCHopefull]

I have a question if any one can answer please
There is a theory which I am reading everywhere- uscis approving green cards with PD of 2011, 2012, 2013 rather than 2009,2010 coz they r predicting 2009 and 10 will stay current so it could be utilized from 2022 quota.
I have filed in November 2020 and PD- OCT- 2010 and still not received i485j or GC. Ead/ap approved in August. I see many approvals past my RD and PD. So I am thinking the above theory is applicable.
It is really frustrating and agonizing that we have to suffer and see people beyond our PD getting GC. All of a sudden PD doesn't matter.
The question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights

I am buying in that theory as well. My PD is Nov 2010 and RD:10/9 but I am also still waiting for J receipt and RFE.

But I have also observed (following Chinese telegram group) that they are approving in each series 901, 902, 903 etc . If you see they have about 40-50% cases approved up to 905, and then 30 % in 906 and so on...
Bulk of approvals are happening from later series for last few weeks and hence they are catching up in approval.

which makes it obvious that they are not going in order of notice date either. Not sure if they release X number of cases from each series to FO for processing.

[beagle]

I have a question if any one can answer please
There is a theory which I am reading everywhere- uscis approving green cards with PD of 2011, 2012, 2013 rather than 2009,2010 coz they r predicting 2009 and 10 will stay current so it could be utilized from 2022 quota.
I have filed in November 2020 and PD- OCT- 2010 and still not received i485j or GC. Ead/ap approved in August. I see many approvals past my RD and PD. So I am thinking the above theory is applicable.
It is really frustrating and agonizing that we have to suffer and see people beyond our PD getting GC. All of a sudden PD doesn't matter.
The question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights

April 2011 Straight-EB2 here. All I can say is, just ignore all these crazy theories floating around. I've not received the approval yet and don't know by when even though its DQed since March 30th, 2020. All I know is it will happen soon. When FAD was moving in the order of weeks, it was easy to predict when one can expect the approval. But the 2020 FAD movement in EB2/EB3 is just crazy good times. Just chill and you will get it soon. Its easier said than done and at times even I'm frustrated. And, there is only so much you can do and the rest is how your luck plays out.

Keep track of Processing times at your Service center at https://egov.uscis.gov/processing-times/. Its actually stats from 2 months back and it won't be accurate. See if you can raise a Outside Normal Processing Time request https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt
This outside processing time request is based on the Receipt date and not your Priority date.


Also, I rely on these amazing charts put together by 'brahmkish' for the MSC series and he updates it every Saturday and you can also track the daily progress as well. https://sites.google.com/view/bitrackittwkreports/trackitt-reports

1798

[longwaitgigu]

I did senator's inquiry on our case
Same copy paste reply of within processing times
The only thing catches my attention is
The processing has resumed on this application- does it mean anything or same old uscis story?

[longwaitgigu]

I have been following chinese trackers and bramkish from trackitt
I was very enthusiastic when dates got current in may 2021. Not anymore.
NBC shows approvals varying from 2000- 3000 a day. But when your turn doesn't come, it makes you numb. The approvals are haphazard with no accountability from uscis side. The wait goes on and kind of makes us envy of each other in this more than decade long wait where PD was always considered the most essential part which is not anymore.
So again my question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights and patiently replying to my queries.

[gcconnect]

So again my question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?


What is the difference from Oct 1st onwards. Same FAD and same applications are available for Approval. I dont think uscis is picking the applications in a hurry to use maximum number of visas. Personally i have seen a case 2013 PD, which is picked and moved to different state FO and issued RFE for medicals and as soon as medicals received , its approved.
mine is straight case 2010, medicals attached and finger prints completed in Jan2021. when they pull the later PD application for approval, which filter criteria used and my application could not fulfil that criteria. Million dollar Question.
I think there is no criteria and its just luck .
We need to wait for the golden moment .

[gten20]

I have been following chinese trackers and bramkish from trackitt
I was very enthusiastic when dates got current in may 2021. Not anymore.
NBC shows approvals varying from 2000- 3000 a day. But when your turn doesn't come, it makes you numb. The approvals are haphazard with no accountability from uscis side. The wait goes on and kind of makes us envy of each other in this more than decade long wait where PD was always considered the most essential part which is not anymore.
So again my question is
Will uscis start approving cases from PD 2009 and 2010 starting oct 1st as the deadline of using numbers will not mandate them?
Thankyou all for insights and patiently replying to my queries.

Once you are eligible to file I-485, your priority date is not as important as the receipt date. As per my understanding, after you file your I-485, in general, if your priority date < current FAD then applications are processed by order of the receipt date. To simplify the USCIS work process, think of it like a costco store checkout where each lane is a FO. Some people will get it sooner than others. If some queues are longer than other then work gets redistributed. Depending on the amount of items in peoples cart and the # of people in the queue, some might get lucky and head out sooner than others. Hope this helps. I know it's painful. The last mile of the marathon is the hardest. Hang in there. I think most of 2009-2010 folks should be greened by Dec 2021.

[gsingh]

Also, I rely on these amazing charts put together by 'brahmkish' for the MSC series and he updates it every Saturday and you can also track the daily progress as well. https://sites.google.com/view/bitrackittwkreports/trackitt-reports

1798

This chart is Amazing. Is there anything similar for SRC ?

[andhraguy]

April 2011 Straight-EB2 here. All I can say is, just ignore all these crazy theories floating around. I've not received the approval yet and don't know by when even though its DQed since March 30th, 2020. All I know is it will happen soon. When FAD was moving in the order of weeks, it was easy to predict when one can expect the approval. But the 2020 FAD movement in EB2/EB3 is just crazy good times. Just chill and you will get it soon. Its easier said than done and at times even I'm frustrated. And, there is only so much you can do and the rest is how your luck plays out.

Keep track of Processing times at your Service center at https://egov.uscis.gov/processing-times/. Its actually stats from 2 months back and it won't be accurate. See if you can raise a Outside Normal Processing Time request https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt
This outside processing time request is based on the Receipt date and not your Priority date.


Also, I rely on these amazing charts put together by 'brahmkish' for the MSC series and he updates it every Saturday and you can also track the daily progress as well. https://sites.google.com/view/bitrackittwkreports/trackitt-reports

1798

beagle - thanks for sharing the report link. It is really good.

[sling10]

gammaray - Thanks for the links ! Infact, I have watched them before. The form filing tips link on the USCIS website : https://www.uscis.gov/forms/filing-guidance/form-filing-tips mentions the following :

Use fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.

I am inclined towards not hole punching the package.

Hello Gurus !

Can someone who might have filed by themselves help me with this question ? Should I group the 485 package by applicant OR Should I group the 485 package by the form number ?

I read that 485, 765 and 131 are processed by different departments. So, I am inclined to group the package by form,

In envelope 1 : 485 for me and my dependents,
In envelope 2 : 765 for me and my dependents,
In envelope 3 : 131 for me and my dependents
The above 3 envelopes will be put in a bigger envelope

OR

Should i do the following ?

In envelope 1 : 485, 765 and 131 for me
In envelope 2 : 485, 765 and 131 for my spouse
In envelope 3 : 485, 765 and 131 for my kid
The above 3 envelopes will be put in a bigger envelope

[rohanvus]

Hey rohanvus, Yes I-944 is not needed anymore. Following forms will be needed :

G-1145 (Optional)
I-485
I-485 Supplement J (Only for the primary applicant)
I-765
I-131
I-693

I presume you are filing by yourself too. How are you packaging the entire application. I am separating them by form types, for eg: 485 for me and my dependents in 1 envelope, 765 for me and my dependents in another envelope and 131 for me and my dependents in a 3rd envelope and then putting all the 3 envelopes in a single big envelope. Is that how you are packaging your application too ?

Also, are you fastening the forms by punching holes using a double hole punch and then using fasteners to fasten them OR just using a big paper clip to hold the form along with the supporting documents together ?

Thanks Sing .
Yes I started prepping myself and was collecting all that i can , but my employer insisted on using my company's legal firm for now : -( .
So time being i am going with what they are saying . I hate the bureaucracy at their end and wanted to do this myself but hope they will file in time as they promised . Lets hope it goes all fine

[sling10]

Thanks Sing .
Yes I started prepping myself and was collecting all that i can , but my employer insisted on using my company's legal firm for now : -( .
So time being i am going with what they are saying . I hate the bureaucracy at their end and wanted to do this myself but hope they will file in time as they promised . Lets hope it goes all fine

It's good that you have that option available.

[andhraguy]

I heard that USCIS is trying for minimal visa wastage and will issue maximum possible visa during end of fiscal year. it is almost end of FY not seeing any new approvals recently.

gurus - Any comment ?

[unknownindian]

Gurus .. I am not sure if this is the right forum.

I got I 485 J receipt letter from USCIS couple of days back. My employer headquarter/Employer mailing address (Part 5 in 485J application) is City A but my work site /Employer Physical address (Part 6 in I 487 J) is City B.

In my I485J receipt notice from USCIS my employer site is listed as City A (Employer headquarter instead of my work site). Should I be concerned? I have been with the same company/same satellite office for the past 12 years.

[Transformer]

In my I485J receipt notice from USCIS my employer site is listed as City A (Employer headquarter instead of my work site). Should I be concerned?

Nothing to worry. That's pretty common. Most of the employers file GC with headquarters address.

[unknownindian]

Nothing to worry. That's pretty common. Most of the employers file GC with headquarters address.

Thanks Transformer. This forum is the best

[thums123]

Need experts opinion. My PD is Oct 2013 and downgrade is pending at LIN. Have not got anything after BM and 140 approved in July. If potential retrogression in November, please let me know if there is option to expedite I-485 for approval by approaching Congressmen or Senator?

Would it be possible for Oct 2013 to be current again if there is a retrogression atleast in next couple of years? Tired of this extension and my H1b extension after being held for close to 6 months just got approved with 1 year validity which means have to renew again in 6 months time frame. Any advice is appreciated and help me in planning for my about to go college going kid.

[Transformer]

There is no expedite processing available for 485. Since your FAD is current, your kid is already protected from aging out pee CSPA. As per as dates retrogressive and when you will be current again no one can guess. Your guess is as good as mine.

[rohanvus]

I-94 # - Mismatch in CBP Site versus H1B Approval Notice
Hello Experts,

Need your help . Its frustrating to discover all such discrepancies when we are at the fag end of our journey : - (

The I-94 number in H1 Approval Notice is 25xxxxxxxx whereas the latest I-94 number from CBP website is 87yyyyyy

Background Info
1) I had last entered US on May 3,2019 . At POE was given I-94 # 87yyyyyy with validity until May 20,2020 (as I had valid visa until May 20,2020)
2) Thereafter later part of the same year, I had my H1 extension filed in December 2019 and approved in few days in December 2019 in premium .I never left country when H1 extension petition was in progress
- H1B Approval Notice shows I-94 # 25xxxxxxxx with validity till May 20,2023 . It seems this i94 is from my earlier entry to US (on Feb 2017) and lawyer did not use the latest i94

Technically my latest H1 renewal was filed months after I landed in US so not sure how last action rule plays here .
FYI,I have already used my latest H1 approval at DMV to extend by driver license and did not face any issue

Is this an issue that I have different I-94# in H1 Approval ? Am i out of status ?
If so , is there a way the I-94 number on the I-797 can be corrected ?
Per some experts , I-94 can be corrected in i797 using Form I-102 ( website https://citizenpath.com/faq/fix-incorrect-i-94-record/ ) but don't know how to proceed

Please guide

[freedomseeker]

I-94 # - Mismatch in CBP Site versus H1B Approval Notice
Hello Experts,

Need your help . Its frustrating to discover all such discrepancies when we are at the fag end of our journey : - (

The I-94 number in H1 Approval Notice is 25xxxxxxxx whereas the latest I-94 number from CBP website is 87yyyyyy

Background Info
1) I had last entered US on May 3,2019 . At POE was given I-94 # 87yyyyyy with validity until May 20,2020 (as I had valid visa until May 20,2020)
2) Thereafter later part of the same year, I had my H1 extension filed in December 2019 and approved in few days in December 2019 in premium .I never left country when H1 extension petition was in progress
- H1B Approval Notice shows I-94 # 25xxxxxxxx with validity till May 20,2023 . It seems this i94 is from my earlier entry to US (on Feb 2017) and lawyer did not use the latest i94

Technically my latest H1 renewal was filed months after I landed in US so not sure how last action rule plays here .
FYI,I have already used my latest H1 approval at DMV to extend by driver license and did not face any issue

Is this an issue that I have different I-94# in H1 Approval ? Am i out of status ?
If so , is there a way the I-94 number on the I-797 can be corrected ?
Per some experts , I-94 can be corrected in i797 using Form I-102 ( website https://citizenpath.com/faq/fix-incorrect-i-94-record/ ) but don't know how to proceed

Please guide

Hello rohanvus,

You are not out of status. As you have mentioned, your lawyer has NOT used your latest I-94 (not sure if you did not communicate to your lawyer while filing your extension or you provided it and the lawyer missed that to include in there) and hence your old I-94 number was used by USCIS. Please reach out to Deferred Inspection at your nearest local USCIS center and they should be able to help you on this issue.


Thank you!

[rohanvus]

Hello rohanvus,

You are not out of status. As you have mentioned, your lawyer has NOT used your latest I-94 (not sure if you did not communicate to your lawyer while filing your extension or you provided it and the lawyer missed that to include in there) and hence your old I-94 number was used by USCIS. Please reach out to Deferred Inspection at your nearest local USCIS center and they should be able to help you on this issue.


Thank you!

Thanks freedom

However , from CBP website they clearly mention that they can only correct errors at the time of entry . Below is what they mention in their website
"The Deferred Inspection Sites will only correct errors made at the time of entry. You must contact U.S. Citizenship and Immigration Services (USCIS) if you wish to: replace a lost, stolen, or mutilated Crewman's Landing Permit, CBP Form I-95; apply to extend your stay in the United States; or, change your immigration status. Specific information can be found on the USCIS website."

In this case CBP did not make an error during entry in May 2019 . Also very likely it was not USCIS who made the error but the lawyer when applying H1 in Dec 2019.
I have heard people being turned down by CBP when they see it was not their default at time of entry.

Do you think doing an infopass appointment with USCIS can help sort this out ?
I am mainly concerned about 485 as i was about to file and just landed up discovering this i94 discrepancy :-(

[Mgajsk]

Hello folks,
If we dont see any decision on 485 Supp J before the end of september, does that mean that your gc is not utilized in this year's quota ?

[andhraguy]

Hello folks,
If we dont see any decision on 485 Supp J before the end of september, does that mean that your gc is not utilized in this year's quota ?

Mgajsk - Green Card (Visa) number should be allocated before Sep 30th to utilize this year's quota. i.e. I485 approval status.

[Mgajsk]

Mgajsk - Green Card (Visa) number should be allocated before Sep 30th to utilize this year's quota. i.e. I485 approval status.

Thank you andhraguy, for those 485 doesnt get approved this september , will they see delays well into next year? Does anyone get approved during first quarter of a fiscal year ? October, NOv, Dec .?

[Noesis]

Thank you andhraguy, for those 485 doesnt get approved this september , will they see delays well into next year? Does anyone get approved during first quarter of a fiscal year ? October, NOv, Dec .?

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

[bones20]

For those who received the green card, did you alao receive i485 approval notice? Does that arrive before the card? In my case my card is shown to arrive thos week but no i485 apprival notice yet (online status shows approved).

[delguy]

For those who received the green card, did you alao receive i485 approval notice? Does that arrive before the card? In my case my card is shown to arrive thos week but no i485 apprival notice yet (online status shows approved).

The approval notice should take around 4-7 days. The card should also take around a week or two. They can come in any order though as both comes from different offices and almost sent in parallel.

[delguy]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

All this plus some of the FOs were working overtime to issue EB GCs and also prioritized them in order to meet Sept 30th deadline. Most likely they will prioritize other applications now as there wont be any looming deadline.

[prepleo]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

Don't beat yourself up for not submitting in OCT 2020. From what I know so far, most of the EB3-I downgrades in 2020 went to Texas and no one has come out the other side with 485 approval yet. I don't know your specific case but we have a dozen folks in my office with downgrade petitions application dates in OCT and NOV 2020. Most of them just got finger printing done in July/August. There were folks with a 2013 PD EB3 straight within a few days/weeks of FAD becoming current. It is stressful to see other folks getting ahead of you. You did what you can (premium processed I-140) and now there is nothing much you can do.

[bones20]

The approval notice should take around 4-7 days. The card should also take around a week or two. They can come in any order though as both comes from different offices and almost sent in parallel.

thank you!

[bones20]

Question related to H4:
1. My wife's green card is now approved while here H4 is still pending. Are we required to withdraw the pending application to not extend her H4 status?

[aGCHopefull]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.
No need to regret on this... there are still lot of early October filers with PD 2010 and still waiting for action. I am one of them too. I believe there is bit luck factor here too - whose file gets picked and being actively worked on.

[Noesis]

Don't beat yourself up for not submitting in OCT 2020. From what I know so far, most of the EB3-I downgrades in 2020 went to Texas and no one has come out the other side with 485 approval yet. I don't know your specific case but we have a dozen folks in my office with downgrade petitions application dates in OCT and NOV 2020. Most of them just got finger printing done in July/August. There were folks with a 2013 PD EB3 straight within a few days/weeks of FAD becoming current. It is stressful to see other folks getting ahead of you. You did what you can (premium processed I-140) and now there is nothing much you can do.

Thank you; agree. My case is at NSC, did Biometrics in May. Nothing much I can do except hoping for this eternal wait to get over.

[Noesis]

No need to regret on this... there are still lot of early October filers with PD 2010 and still waiting for action. I am one of them too. I believe there is bit luck factor here too - whose file gets picked and being actively worked on.

2009/2010 filers still waiting is a sin for uscis; shame that they will let tens of thousands of Visas go waste; for them its a number; they don't see that there is a life behind every number.! Wish you good luck for getting greened soon.

[sling10]

Any one here who will be current for the first time in October 2021 ready to mail their 485 package on the 30th September ?

[filter0607]

I am still awaiting for my attorney (Murthy law firm) to confirm that package is ready.

[freedomseeker]

Thanks freedom

However , from CBP website they clearly mention that they can only correct errors at the time of entry . Below is what they mention in their website
"The Deferred Inspection Sites will only correct errors made at the time of entry. You must contact U.S. Citizenship and Immigration Services (USCIS) if you wish to: replace a lost, stolen, or mutilated Crewman's Landing Permit, CBP Form I-95; apply to extend your stay in the United States; or, change your immigration status. Specific information can be found on the USCIS website."

In this case CBP did not make an error during entry in May 2019 . Also very likely it was not USCIS who made the error but the lawyer when applying H1 in Dec 2019.
I have heard people being turned down by CBP when they see it was not their default at time of entry.

Do you think doing an infopass appointment with USCIS can help sort this out ?
I am mainly concerned about 485 as i was about to file and just landed up discovering this i94 discrepancy :-(

My PD is current since 09/01 of this year and in my case, I had a different type of I-94 issue which is not for me, but for my daughter, which I found it in the end of this August after I started preparing for the I-485 documents for me and my family. It was a stressful situation and with all kind of phone calls and web research, I was able to pull it out, of-course added with one kind-hearted CBP agent's help.

In your case, I will first request you to reach out to your nearest local Deferred Inspection Office and check if it is possible to get that sorted out. Should your I-94 issue be related to expiry and you found that out after it is expired, the context would be totally different. However in your case, it is the I-94 number which the Deferred Inspection should be able to fix it on their own. Given the fact that the I-94 is fully online, the CBP Deferred Inspection Office should be able to pull out your latest I-94 arrival and get that corrected online. Call them up, explain your situation and ask for help.

I am a frequent visitor of this website and this forum as well through which I have got wealth of the knowledge the experts pour in here, did not check this forum yesterday due to other activities and just happened to check it now. I will write about the I-94 issues I experienced for my daughter tomorrow or so with all details, despite that is irrelevant to the issue you are facing so that any others who could face the issue I faced can get that knowledge on what to do in such situations. Do not lose hope, reach out to your nearest local CBP Deferred Inspection Office and find out, they should get you a direction on what to do and how to proceed further. Please let me know how that turns out. I will check back on your response.

Thank you!

[rohanvus]

My PD is current since 09/01 of this year and in my case, I had a different type of I-94 issue which is not for me, but for my daughter, which I found it in the end of this August after I started preparing for the I-485 documents for me and my family. It was a stressful situation and with all kind of phone calls and web research, I was able to pull it out, of-course added with one kind-hearted CBP agent's help.

In your case, I will first request you to reach out to your nearest local Deferred Inspection Office and check if it is possible to get that sorted out. Should your I-94 issue be related to expiry and you found that out after it is expired, the context would be totally different. However in your case, it is the I-94 number which the Deferred Inspection should be able to fix it on their own. Given the fact that the I-94 is fully online, the CBP Deferred Inspection Office should be able to pull out your latest I-94 arrival and get that corrected online. Call them up, explain your situation and ask for help.

I am a frequent visitor of this website and this forum as well through which I have got wealth of the knowledge the experts pour in here, did not check this forum yesterday due to other activities and just happened to check it now. I will write about the I-94 issues I experienced for my daughter tomorrow or so with all details, despite that is irrelevant to the issue you are facing so that any others who could face the issue I faced can get that knowledge on what to do in such situations. Do not lose hope, reach out to your nearest local CBP Deferred Inspection Office and find out, they should get you a direction on what to do and how to proceed further. Please let me know how that turns out. I will check back on your response.

Thank you!

Freedom,
My wife had paid consultation with Murthy Firm and learnt that I am not out of status and we are good . Having a old i94 number is not an issue because the last action rule and the dates on I-94 are important .
The attorney did say if on i94 , expiry dates , name, classification ,etc are incorrect then you must correct them but just having a old i94 number (issued by USCIS after last arrival into US but with new validity period ) is not an issue . So ,legally speaking am good for 485 filing

But as you said , please share i94 issue that you went through for benefit of users on this forum .

Thanks for the help

[amey111]

Hello all, could someone please help by directing me to the thread/discussion for EAD/AP renewal steps.

Thank you.

[newyorker123]

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

[namits]

Looming government shutdown - I guess USCIS will stop processing green cards, EAD, etc from 10/1 if a deal is not reached by Thursday 9/30 midnight?

[rsnake]

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.

[rsnake]

Looming government shutdown - I guess USCIS will stop processing green cards, EAD, etc from 10/1 if a deal is not reached by Thursday 9/30 midnight?

USCIS is funded by user fees and not government budget so it may not happen. State department on the other hand might get affected, so anything to do with consulates or embassies or NVC.

[newyorker123]

1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.


Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

[rsnake]

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

1 - It's really hard to predict, last year was weird in the sense that people who sent their applications during Oct 20 to 24th appear to have gotten processed faster than people filing in the first half. In general earlier is better but not a deal breaker. It will help get biometrics/EAD and AP faster. There is also a very small risk that USCIS will rollback the dates mid month, but that has happened only 1 or 2 times ever. Also normally the dates are current and USCIS accepts filings till Dec, but again, it's up to the level of risk you want to take. Several people who filed in Nov and Dec last year already got their GC including me who applied on 12/30/2020.

2 - It's better to find a local lawyer so you can visit them in person if needed.

[AceMan]

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

It should not matter much for October 2021 since the filing dates advanced 10 months only for Eb2 from September 2011 to July 2012. There is no mad rush like a year back.

[bangaloreboy]

Question related to H4:
1. My wife's green card is now approved while here H4 is still pending. Are we required to withdraw the pending application to not extend her H4 status?


Hello Bones, you are not required to do anything since the applicant is a green card holder now

[newyorker123]

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

[freedomseeker]

Freedom,
My wife had paid consultation with Murthy Firm and learnt that I am not out of status and we are good . Having a old i94 number is not an issue because the last action rule and the dates on I-94 are important .
The attorney did say if on i94 , expiry dates , name, classification ,etc are incorrect then you must correct them but just having a old i94 number (issued by USCIS after last arrival into US but with new validity period ) is not an issue . So ,legally speaking am good for 485 filing

But as you said , please share i94 issue that you went through for benefit of users on this forum .

Thanks for the help

rohannvus,

That's good news. Glad that you got it cleared.

Moderators/Admins,

Can you please move these messages exchanged on the I-94 issues to a separate thread related to I-94 so that it could be easy enough for the users to find the right thread they are looking for when they need to?

Thank you!

[delguy]

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

Yes, with initial filing you have to send 485J and after that whenever you change a job, you must send another 485J each time.

[ImmiGiveMe]

Last day of FY21 and its not a Friday (hopefully less slacking) and wish lot of case status changes today!!!.. good luck to all!!

[singax]

Yes, with initial filing you have to send 485J and after that whenever you change a job, you must send another 485J each time.
I am joining new Company on Monday on EAD (Pending 485 for 180 days) requested HR to help on new 485J but they are still finding resources who will help me and sign on form. Do we have some margin to submit 485J or it had to be on day 1?

[delguy]

I am joining new Company on Monday on EAD (Pending 485 for 180 days) requested HR to help on new 485J but they are still finding resources who will help me and sign on form. Do we have some margin to submit 485J or it had to be on day 1?

There is no such urgency but if your PD is current, ideally it should happen before they approve the GC (which will be tied to your previous employer otherwise in the absence of new 485J).

[delguy]

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

You dont need a lawyer. There are numerous cases where I-485 applications were rejected because of lawyer's mistake. My friend happens to be one such person. So despite a lawyer, you need to proofcheck every single item in forms for accuracy. The only issue I could see is with filling up a I-485J yourself.

[singax]

thanks Delguy. Yes PD is current since Jul 2021, waiting for Medical RFE. may be i can submit new 485J with Medical RFE

[delguy]

thanks Delguy. Yes PD is current since Jul 2021, waiting for Medical RFE. may be i can submit new 485J with Medical RFE

In that case you shouldn't worry about small delay and use it as an opportunity to send medical along with new I-485J, get your medicals papers ready while you wait for 585J to be signed if you havent done so already.

[singax]

thanks Delguy for even better advice. I will do that (485J+Medical I683- will be ready by ready), and will file together, hopefully USCIS will pick.

details:
Cat : EB2 India
485 Filling filling date: 10/30
Receipt : Jan 21
Finger printing : 2/26/2021
EAD: Aug first week

[delguy]

thanks Delguy for even better advice. I will do that (485J+Medical I683- will be ready by ready), and will file together, hopefully USCIS will pick.

details:
Cat : EB2 India
485 Filling filling date: 10/30
Receipt : Jan 21
Finger printing : 2/26/2021
EAD: Aug first week

With these dates you should have received your GC by now or atleast the RFE. What field office you are with? Did you check with EMMA if your A-File is with a field office?

[singax]

i called USCIS agent, he does not see updates on my case and advised to keep my medical package ready but nothing can't be done to expedite. I raised SR which was closed without info.

Online status is still reflecting that finger print taken on 2/26/201` , that is last update, I checked with my attorney, they discouraged to interfile medicals.
I have colleagues, who have been waiting in similar status.
thanks.

[sling10]

Any one here who will be current for the first time in October 2021 ready to mail their 485 package on the 30th September ?

Finally, submitted my 485 package yesterday which got delivered today at the USCIS Chicago Lockbox.

Now, I see that a new version of the form I-693 has been released by USCIS. I had checked all the form versions yesterday before I finally sealed the package. Even then, it was the old version of the form.

Now, USCIS has a new version of the form and no grace period and states this : Starting Oct. 1, 2021, we will only accept the 09/13/21 edition

My package got there today which has the previous version of the form. Since, the form was signed prior to Oct 1st, will that version be accepted by USCIS or this will lead to a RFE stating incorrect version was submitted ?

No grace period is such a cruel move by USCIS !!

[bones20]

Question on i485 approval notice:
1. I received my GC and a "courtesy copy" of approval and not the "official notice". Any idea why I haven't received the "official notice"? I checked with Emma and the response was vague.
2. Is that (official notice) something important to have for records? Will it be ever useful in future (entry/admission, naturalization etc)?
thanks!

[Transformer]

My package got there today which has the previous version of the form. Since, the form was signed prior to Oct 1st, will that version be accepted by USCIS or this will lead to a RFE stating incorrect version was submitted ?


Since it was signed before Oct 1st, you are fine. The new 693 form is only applicable if doctor signed the form on or after Oct 1st. It doesn't matter when it reaches USCIS.

[sling10]

Since it was signed before Oct 1st, you are fine. The new 693 form is only applicable if doctor signed the form on or after Oct 1st. It doesn't matter when it reaches USCIS.

Thx Transformer ! If it is interpreted that way by USCIS as well, I will be pleasantly surprised !

[prepleo]

Question on i485 approval notice:
1. I received my GC and a "courtesy copy" of approval and not the "official notice". Any idea why I haven't received the "official notice"? I checked with Emma and the response was vague.
2. Is that (official notice) something important to have for records? Will it be ever useful in future (entry/admission, naturalization etc)?
thanks!

Your attorney may have received that copy. As far as I know, it is irrelevant to your case. You have a GC and that's all that matters, going forward. All other information is recoverable from USCIS as you have an alien number - it should be on your card. I have looked at the application for naturalization and it seems that they need your green card not I-797. I am sure you already have taken a photocopy of GC which is sufficient in case of lost physical card to apply for a new card.

It still does not hurt to get that notice. I had a million questions like this and I was told by some good folks to stop worrying. I know how you feel - decades in H1 always makes you think twice about any process/approval. You have passed a milestone past which you need less documentation. ;)

More knowledgeable folks please correct me if I am wrong.

[bones20]

Your attorney may have received that copy. As far as I know, it is irrelevant to your case. You have a GC and that's all that matters, going forward. All other information is recoverable from USCIS as you have an alien number - it should be on your card. I have looked at the application for naturalization and it seems that they need your green card not I-797. I am sure you already have taken a photocopy of GC which is sufficient in case of lost physical card to apply for a new card.

It still does not hurt to get that notice. I had a million questions like this and I was told by some good folks to stop worrying. I know how you feel - decades in H1 always makes you think twice about any process/approval. You have passed a milestone past which you need less documentation. ;)

More knowledgeable folks please correct me if I am wrong.

Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

[newyorker123]

Any predictions (Rather Calculations) on how the EB2 Final Action Date will move forward in the coming few months ?

In October VB, it was 1st Sep, 2011. Prediction in VB itself was "Up to several months".

Given that the date of filing is 8th July, 2012 - I am hoping that it will reach this date as the final action date by end of FY 2022, but wondering if need to wait until year end months for this to happen.

[gammaray]

Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

At a minimum, imo, have a photocopy in your wallet, and a scanned version in your email (or icloud. etc) that can accessed anywhere (like all important docs). Like the passport I would be hesitant to carry it everywhere. It's a non-issue most times except maybe in certain situations like if you are visiting a state like Texas near any of the border towns etc. then it would be prudent to have the original card in person.

It's similar to being on H1B. Don't think people carry the stamped passport or the I797 approval notice with them at all times.

[bangaloreboy]

Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

It is required, but not practical to carry with you. I have asked a bunch of people and 8 out of 10 dont carry it with them. Like gammaray mentioned above, having all important documents available in google drive as well as phone photos and a photocopy in your wallet is the best one can do if you dont want to carry it. I personally feel carrying GC is more convenient than carrying a passport and original H1B I-797 notice. I have found that you will be asked for it when you least expect it, even if you are travelling within US borders. So for now, I have GC in my wallet.

[bangaloreboy]

Hello Bones, you are not required to do anything since the applicant is a green card holder now

Just FYI, my wife's H4 and H4 EAD cases now reflect status as "case was denied". Only this time, we dont seem to be bothered by the negative outcome on H4 :)

[bangaloreboy]

Just FYI, my wife's H4 and H4 EAD cases now reflect status as "case was denied". Only this time, we dont seem to be bothered by the negative outcome on H4 :)

Also my wife's EAD and AP cases reflect this status "Case closed benefit received by other means"

[bones20]

Also my wife's EAD and AP cases reflect this status "Case closed benefit received by other means"
Thanks Bangaloreboy!

[iamdeb]

Below are my I-485 filing details. I sent in the I-693,I-131,I-765 forms along with my I-485 application.
Around what time frame can I expect my 485 approval. Appreciate any response!
:)
PD EB2-I Straight: 5/23/2011
I485 RD: 07/15 (MSC21915xxxxx)
I485 ND: 07/17
Biometrics Completed: 08/19
Received I 485j fee waived notice dated: 09/28

[monsieur]

Around what time frame can I expect my 485 approval.

Based on my observation of data, an avg of 11-13months from RD date to approval.

Another trend I have seen is 4-5 months after Bio-Metric appointment

One more - 4-6 weeks after medical RFE

All the best!!

[iamdeb]

Thanks for the response! I won't be getting medical RFE as I already submitted I-693 with my I-485.

Is there any significance or correlation of the I-485J notice date with the AoS (I-485) approval timeline?

[newyorker123]

I485 Birth certificate related questions:
- If we have Birth Certificates which are recently obtained, did you provide affidavits from parents/relatives ?
- Are there agencies in India which assist in getting these affidavits ? (I faintly remember seeing something like this).
- My lawyer mentioned that school certificates might be fine too in lieu of affidavits. Anybody adopted this route ?

[monsieur]

Is there any significance or correlation of the I-485J notice date with the AoS (I-485) approval timeline?

That something I am also trying to figure out as I am not sure whether filing I-485J or waving I-485J is mandatory for all just like Fingerprinting. My knowledge says I-485J is for confirming whether underlying job still exists or not which make senses for folks who got approved I-140 years before I-485 was filed. But in cases where perm was recently approved then with concurrent filing it doesn't make sense to request to file this again.

All in all there are 3 milestone which you have to cross

1. Receipts for 485, EAD, AP filing
2. Bio-Metrics appointment Notice
3. 485 approval notice

In between you may get 485J waiver and/or RFE but these 2 are not mandatory milestone which you have to go thru and hopefully doesn't have to go thru.

[monsieur]

I485 Birth certificate related questions:
- If we have Birth Certificates which are recently obtained, did you provide affidavits from parents/relatives ?
- Are there agencies in India which assist in getting these affidavits ? (I faintly remember seeing something like this).
- My lawyer mentioned that school certificates might be fine too in lieu of affidavits. Anybody adopted this route ?

In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

[newyorker123]

That something I am also trying to figure out as I am not sure whether filing I-485J or waving I-485J is mandatory for all just like Fingerprinting. My knowledge says I-485J is for confirming whether underlying job still exists or not which make senses for folks who got approved I-140 years before I-485 was filed. But in cases where perm was recently approved then with concurrent filing it doesn't make sense to request to file this again.

All in all there are 3 milestone which you have to cross

1. Receipts for 485, EAD, AP filing
2. Bio-Metrics appointment Notice
3. 485 approval notice

In between you may get 485J waiver and/or RFE but these 2 are not mandatory milestone which you have to go thru and hopefully doesn't have to go thru.

Instructions for I-485J clearly mentions that its not needed for concurrently filed (I140 + I485) applications.
AFAIK, It is used to tie you to a certain employer's I140, and to attest to the fact that you are going to join that particular employer after getting GC.

[newyorker123]

In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

My school marksheet does not have DOB ! Looks like I will need the affidavits.

[HappyUSA]

Hi ,

My SR response for 485 is below ,is it a standard response or can I expect something in the next few days or so .

Our records show that your Form I-485, Application to Register Permanent Residence or Adjust Status is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay.

[srimurthy]

My school marksheet does not have DOB ! Looks like I will need the affidavits.

If the birth is registered with the concerned authority at the time of birth or around that time (not sure but may be with in a year) that should be fine. And if we get copies of those issues at that time or again in the recent time frames they should still work as the Birth certificate says the date of registration. If the birth itself is registered recently and the actual bright was quite earlier, then you would need affidavits.

You can also submit affidavits by Parents for Non availability of BC, or missing or incomplete info like full name in the BC. Also you don't need an agency for the affidavits, you need that listed on a stamp paper and signed by parent and person issuing the stamp paper. In case of Non availability of BC, and they searched the Municipal office, village office or some one you can get a Non Availability certificate that they searched the records and did not find anything as it was not registered.

For sample content of the affidavits you can find the examples in the link on this forum
https://www.qesehmk.org/forums/showthread.php/658-Post-I-485-Filing-RFE-s-Discussion?highlight=sample+affidavits+format

I used affidavits from both parents and a maternal uncle who is above 18 at the time of my birth and a Non Availability Certificate from the Tehsil office.
I also used affidavits for my spouse from both her parents, to just state that her full name was not listed in the BC even though it was registered and have one issued at the time of birth.

You can get the affidavits now, ask parents to scan and send colored copies and attach those as evidence document.
And then they can courier the originals and you should have them in time in case there is a interview scheduled.

[desiH]

Hi Experts,

I have question regarding my GC situation,

My PD (June-2011) is current and filed for AOS. However I-140 need amendment (successor in interest) due to past acquisitions. Attorney says I-140 amendment can be changed to premium processing to speed up the GC process. I want to know if premium processing of I-140 help in getting GC faster ? Thanks

[newyorker123]

Thanks Srimurthy, this is very helpful !

[donkeykong]

In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

I had a few issues with my birth certificate. It was in a native language and was registered 1 year after my birth. During 2015 fiasco, I obtained affidavits from both of my parents. The affidavit is on a notarized stamp paper. It can be executed by an advocate in India. I don't think you need any agency there. There are many certified translation services in US, in case you need that as well.

[desiH]

Hi Experts,

I have I-140 Premium processing related query. My PD is Jun-2011 (EB2) and have applied for AOS last month. However I-140 need amendment (Successor in interest). Attorney says I-140 amendment will around 12-18 months. So he is suggesting me to go for premium processing. Do you think going for I-140 premium processing help me in getting GC faster ? Also, can I change job if I get EAD first, while I-140 processing is pending ? Thanks

[insane.yogi]

Hello - Is there a I485 approval tracker for all receipt blocks like SRC/LIN and MSC? I remember seeing a tableau or BI link few months ago. greatly appreciate if any one can post them here. Thanks.

[namits]

Hello - Is there a I485 approval tracker for all receipt blocks like SRC/LIN and MSC? I remember seeing a tableau or BI link few months ago. greatly appreciate if any one can post them here. Thanks.

https://sites.google.com/view/bitrac...ackitt-reports

[andhraguy]

https://sites.google.com/view/bitrac...ackitt-reports

unmasked url

sites.google.com/view/bitrackittwkreports/trackitt-reports

Another one https://hilites.today/

[insane.yogi]

Im always wary of trackitt data and how they are being reported. thank you so much.

[insane.yogi]

On the flip side, is I485J needed for folks to justify a job offer when I-140 was approved previously in the past (say 3 years ago)? does it mean i do not need to provide i485j supplement since my FAD is current and underlying PERM, documentation prove job offer. You are right that 485 j is not needed when filing concurrently and confirmed by my lawyer (i have filed concurrently recently).

[prepleo]

On the flip side, is I485J needed for folks to justify a job offer when I-140 was approved previously in the past (say 3 years ago)? does it mean i do not need to provide i485j supplement since my FAD is current and underlying PERM, documentation prove job offer. You are right that 485 j is not needed when filing concurrently and confirmed by my lawyer (i have filed concurrently recently).

Yes you need I-485J if you are not filing concurrently i.e. I-140 approved before filing I-485.
FAD has nothing to do with I-485J. All that matters is whether your I-140 was approved before you could file I-485.
You can use the I-485J to change employers if your I-485 petition has been pending for more than 180days provided your I-140 is approved.
I had to file I-485J because my I-140 was approved in 2011. My colleague got his perm approved right in time to file I-485 in OCT2020 and did not need I-485J as he was filing I-140 and I-485 concurrently.

[Turbulent_Dragonfly]

In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

My birth certificate only has my first name, and my father's and mother's first names that too with wrong spelling :-). USCIS accepted parents affidavits without any RFE so hoping your case will also be accepted.

[rsnake]

On the flip side, is I485J needed for folks to justify a job offer when I-140 was approved previously in the past (say 3 years ago)? does it mean i do not need to provide i485j supplement since my FAD is current and underlying PERM, documentation prove job offer. You are right that 485 j is not needed when filing concurrently and confirmed by my lawyer (i have filed concurrently recently).

Underlying PERM will show the job offer at the time of filing PERM, how will USCIS know if the job offer is still valid?

Remember, I-485 can be completely filed by only the employee with zero input from employer. 485J is the only form in the application packet that needs signature by employer. If you don't file 485j or I-140 with the 485, USCIS does not know if the job offer is still valid.

[Devarakonda]

Hi
My Case Transferred And New Office Has Jurisdiction from Nabraska to NBC Lee summit . Recently I interfile medicals . Kindly Request you to know any thoughts that my interfile is attached or any other reason. My spouse and Kids applications initially filed with NBC

[android09]

Hi
My Case Transferred And New Office Has Jurisdiction from Nabraska to NBC Lee summit . Recently I interfile medicals . Kindly Request you to know any thoughts that my interfile is attached or any other reason. My spouse and Kids applications initially filed with NBC

This may be a net positive for you. Texas and Nebraska are black holes with no clear approvals coming out. NBC actually was moving at a rapid clip in September and processes faster.

[monsieur]

End of Oct 13th still no VB, thought with new admin VB is again back to around 10th of month. Are we expecting too much retro or anything else causing delay?

[LeoAugust]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-november-2021.html

Nov VB 2021
EB1-Final Action Date-C
EB2-Final Action Date-01DEC11
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-08JAN13
EB3-Date For Filing-22JAN12

[Immig7]

The bulletin specifies 140K as the limit. is CO not considering the spill over? Any thoughts on what these dates mean in the near future? Also appears like CO is retiring and these guys wont host these chats after 26th. It says only for consular questions?

[andhraguy]

The bulletin specifies 140K as the limit. is CO not considering the spill over? Any thoughts on what these dates mean in the near future? Also appears like CO is retiring and these guys wont host these chats after 26th. It says only for consular questions?

Nov visa bulletin just published. Huge retrogression. Seriously can't believe.

[newyorker123]

Nov visa bulletin just published. Huge retrogression. Seriously can't believe.

And this, after maintaining all the time that there will be no retrogression. Their message: Be happy with the EAD's

[ImmiGiveMe]

Is it a forced retirement (for dropping ball on the dates movement and retrogression/ Spat with USCIS)?

[Palver]

Hey everyone, I have an approved I-140 with PD-Sep2012 from my previous employer (A). I am about to join employer A next month in a similar but different role. How similar must the new job be for me to use the existing 140 and not have to go through perm/140 again with A? Given that I may be able to file I-485 in November if USCIS accepts DOF chart, I'm trying to see what options I have at this point.

[sling10]

Boss, you just made an answer back into a question.
Yes.

Haha, that's my way of double checking

[Sebiswaiting]

I have a theory...
Charlie reads all predoctions in all the formula, and then puts a date that is not in any prediction for eb2,eb3 India :D :D
Such a sad day today with current visa bulletin. It doesn't make much sense either. There should not be much downgrades from eb2 2010,2011 into eb3. So practically 0 movement for eb3 this year even with the spillover.

[Transformer]

Boss, you just made an answer back into a question.
Yes.
140 approved as well

[sling10]

140 approved as well

Yes, Approved I-140, FAD current, 485 filed

[gsingh]

Now that all the dates are settled around 2012, will most people in 2009/2010/2011 get Green Cards by 2022 ?

What happens to people with 2012 PD - Get Green cards, or endless wait with EADs ? [My PD: Jan 2012]

Any calculations, anyone ?

My PD is April 2012.

What are the thoughts of the wise minds here ? Are we back to just a few days of movement per month like in 2019 and before ?
Can we expect any forward movement for rest of the fiscal year for EB3 ?

[newyorker123]

Now that all the dates are settled around 2012, will most people in 2009/2010/2011 get Green Cards by 2022 ?

What happens to people with 2012 PD - Get Green cards, or endless wait with EADs ? [My PD: Jan 2012]

Any calculations, anyone ?

I am still in EB2 by the way. [PD: Jan 2012]. I was thinking there is some chance I might get GC in 2022. But you never know. EB2 Final Action Dates have to move couple of months, and thousand other stars need to align.

[sling10]

I am still in EB2 by the way. [PD: Jan 2012]. I was thinking there is some chance I might get GC in 2022. But you never know. EB2 Final Action Dates have to move couple of months, and thousand other stars need to align.

From a visa bulletin / DOS point of view, Jan 2012 should become current in the next couple of bulletins as it has already reached Dec 2011. Getting the GC is a different story, but, I feel that is possible for Jan 2012 EB2 in this fiscal year as the FAD will reach Jan 2013 by the end of this fiscal year.

[Immig7]

@qsehmk, Experts - Trying to make some rational sense of the now Nov bulletin and that consistently proves there cannot be one.. But still trying.. So based on the below chart which is the most current available on uscis, together between EB2I and EB3 I, there were roughly 25K-27K I140s applied in 2011, 2012, 2013 respectively. Assuming a factor of 2.5, it's roughly 190K.
With the spillover we received last year and this year, and USCIS approving close to 170K 485s (which i assume will be mostly India), how are we still where we are? Shouldn't we have been in 2014/2015 this year? Is my math completely screwed up or am I missing some key point?

Can anyone help please?

https://www.uscis.gov/sites/default/files/document/reports/I140_rec_by_class_country_FY2021_Q1_Q2.pdf

[qesehmk]

@qsehmk, Experts - Trying to make some rational sense of the now Nov bulletin and that consistently proves there cannot be one.. But still trying.. So based on the below chart which is the most current available on uscis, together between EB2I and EB3 I, there were roughly 25K-27K I140s applied in 2011, 2012, 2013 respectively. Assuming a factor of 2.5, it's roughly 190K.
With the spillover we received last year and this year, and USCIS approving close to 170K 485s (which i assume will be mostly India), how are we still where we are? Shouldn't we have been in 2014/2015 this year? Is my math completely screwed up or am I missing some key point?

Can anyone help please?

https://www.uscis.gov/sites/default/files/document/reports/I140_rec_by_class_country_FY2021_Q1_Q2.pdf

Your direction seems good and I don't really think you need my advice. Sometimes we can do all the right calculations and VB still doesn't make sense. I have been doing this for about 10 years now and I can tell you that there are too many moving parts and that's why I finally built WhereismyGC. Don't mean to use this as a plug for the commercial service. Just saying that linear math works for the most part when there are not too many moving parts. But when there is dynamic between different countries, categories, visa spillover, downgrades, upgrades, and of course USCIS DOS idiosyncrasies that is where you need simulation rather than linear math. There also is a dynamic of time lag between labor filings, PD assignment, 140 filing and 485 filings. So that's what makes forecasting and predictions an art rather than science.

p.s. - VB movement is extremely difficult rather impossible to predict because VB operates on the razor edge of demand vs supply. It is controlled very tightly. The variance/error in any predictions or forecast model is much much higher than that razor edge. And predictions on somewhat larger scale are more trustworthy.

[Sebiswaiting]

Only thing you may need to consider is, there was backlog in eb1 as well. 'mostlt India' is also not sure. On a usual year eb2, eb3 india has been getting just the regular 7%, so rest of world was consuming the remaining, so row was consuming 110-120k at least, and same might hold true this year too.


@qsehmk, Experts - Trying to make some rational sense of the now Nov bulletin and that consistently proves there cannot be one.. But still trying.. So based on the below chart which is the most current available on uscis, together between EB2I and EB3 I, there were roughly 25K-27K I140s applied in 2011, 2012, 2013 respectively. Assuming a factor of 2.5, it's roughly 190K.
With the spillover we received last year and this year, and USCIS approving close to 170K 485s (which i assume will be mostly India), how are we still where we are? Shouldn't we have been in 2014/2015 this year? Is my math completely screwed up or am I missing some key point?

Can anyone help please?

https://www.uscis.gov/sites/default/files/document/reports/I140_rec_by_class_country_FY2021_Q1_Q2.pdf

[gammaray]

@qsehmk, Experts - Trying to make some rational sense of the now Nov bulletin and that consistently proves there cannot be one.. But still trying.. So based on the below chart which is the most current available on uscis, together between EB2I and EB3 I, there were roughly 25K-27K I140s applied in 2011, 2012, 2013 respectively. Assuming a factor of 2.5, it's roughly 190K.
With the spillover we received last year and this year, and USCIS approving close to 170K 485s (which i assume will be mostly India), how are we still where we are? Shouldn't we have been in 2014/2015 this year? Is my math completely screwed up or am I missing some key point?

Can anyone help please?

https://www.uscis.gov/sites/default/files/document/reports/I140_rec_by_class_country_FY2021_Q1_Q2.pdf

Well, the PD was in 2009 before the spillover so you are missing including 2009 and 2010 demand. Additionally, if USCIS approved close to 170K last year, not all went to India. The normal quota is 140K of which India gets 7% plus any spillover from ROW. Assuming the spillover from ROW was substantial last year but obviously not 100%, India would have gotten 7% of 140K + few thousand ROW spillover + 30K (all visas above 140K would go 100% to the most backlogged country, assuming all the ROW demand in met in the 140K which it was). SO it was nowhere close to 190K-200K.

[rohanvus]

Check out my signature. I am still waiting. What about you ?

Mine is being done by company's lawyer and they said they are almost ready with the application and will be filing early next week .
Last year it took 3/4 months for downgrade folks to get receipt numbers . Hope this has become better now .
Keep us posted when you get receipts

[sling10]

Mine is being done by company's lawyer and they said they are almost ready with the application and will be filing early next week .
Last year it took 3/4 months for downgrade folks to get receipt numbers . Hope this has become better now .
Keep us posted when you get receipts

If interested, you can join this telegram group for all October 2021 filers who post updates :

https://t.me/joinchat/ke94sdmVpDs1Yzkx

[Immig7]

True. I agree. Need to add 2009 and 10. As far as 170K - i still think a lot would have gone to india considering consulates were closed last year. If uscis can make things a little more transparent it will help so much!.. Alas, it;s a black whole.

[Immig7]

Agree Q.. Getting stuck in this black whole has been excruciating pain.. so trying to see if there's anything positive , and something lock my son's age.

[qesehmk]

Agree Q.. Getting stuck in this black whole has been excruciating pain.. so trying to see if there's anything positive , and something lock my son's age.

I believe Final Action Date Locks your child's age. I know how painful this whole thing is not to mention all the financial and emotional burden. But lets say s/he ages out, I believe you can still sponsor him/her later on as unmarried son/daughter. But I hope it doesn't come to that.

[LeoAugust]

Anyone aware if being on H1B can a person put money in ai.marketing (since a robot will be work for you)? Please let know if it is safe from h1b stand point.

[qesehmk]

Anyone aware if being on H1B can a person put money in ai.marketing (since a robot will be work for you)? Please let know if it is safe from h1b stand point.

You can run it as a business and draw business income but not wages in any shape or form. I "think" then that would be ok.

[LeoAugust]

Thanks @qesehmk. Since I will be investing into it, I will not be taking any wage.

[qesehmk]

Thanks @qesehmk. Since I will be investing into it, I will not be taking any wage.
Sounds perfectly alright to me.
p.s. - On another note volunteering doesn't require any work authorization. So if your spouses feel their career is on hold, they can volunteer for a not for profit and gain experience. Believe me as soon as they get EAD that experience will turn out very valuable.

[LightAtEndOfTunnel]

Just once again feel cheated by the whole system: employers, lawyers, USCIS and politicians. It almost feels like they are all working together to make sure that we remain shackled and dependent on these prison walls (plugging a shawshank redemption quote : "These walls are funny. First you hate 'em, then you get used to 'em. Enough time passes, you get so you depend on them. That's institutionalized.").

My story is probably not unique and there are thousand others like me who came so close to getting adjudicated and now face retrogression. I am talking to my employer to see if they can allow me to file another I-485 EB2 AOS petition while EB3 downgrade is still pending (without withdrawing current petition). My HR manager has probably never dealt with all these tricky plays and any recommendation he makes will scale by thousands so he is not willing to allow me to file EB2 I-485, even though I said I can cover legal fee and you just need to sign the paperwork to allow use of approved EB2 I-140.

Waiting in retrogressed EB3 at Nebraska Service Center is not going to do any good, I can keep filing interfile requests, keep raising SRs, congressional inquiries and USCIS will just shake them off like a dog with bad case of fleas. Feel so hopeless and helpless.

[qesehmk]

Just once again feel cheated by the whole system: employers, lawyers, USCIS and politicians. It almost feels like they are all working together to make sure that we remain shackled and dependent on these prison walls (plugging a shawshank redemption quote : "These walls are funny. First you hate 'em, then you get used to 'em. Enough time passes, you get so you depend on them. That's institutionalized.").

My story is probably not unique and there are thousand others like me who came so close to getting adjudicated and now face retrogression. I am talking to my employer to see if they can allow me to file another I-485 EB2 AOS petition while EB3 downgrade is still pending (without withdrawing current petition). My HR manager has probably never dealt with all these tricky plays and any recommendation he makes will scale by thousands so he is not willing to allow me to file EB2 I-485, even though I said I can cover legal fee and you just need to sign the paperwork to allow use of approved EB2 I-140.

Waiting in retrogressed EB3 at Nebraska Service Center is not going to do any good, I can keep filing interfile requests, keep raising SRs, congressional inquiries and USCIS will just shake them off like a dog with bad case of fleas. Feel so hopeless and helpless.

Sorry to hear that Light. Do you know 485 is YOUR application. Company has nothing to do with it. You can file 485 as EB2 or EB3 as long as you have the right underlying 140. Companies usually are secretive about the 140 and rarely will provide you a copy. So I am not sure how but I just want you to at least understand that 485 is your application and you only use 140 as the basis for that application.

[freedomseeker]

Hello Experts,

My Priority-Date is 08/23/2011 on EB-2-India Category and my attorney will be filing the applications (I-140+PP+I-485+I-765+I-131+I-693) for me (and my family) sometime next week. I hear from them that due to the concurrent-filing scenario, all my applications need to be submitted to the Texas Service Center. I also heard from one of my friends (who recently received his GC) that it is the I-140+PP that will get processed in the Texas Service Center and the rest of the applications (I-485+I-765+I-131+I-693) will be transferred from Texas SC to some other Service Center. I wanted to check with you all if the statement that I heard from my friend is a valid one - can you please confirm/correct on this aspect?


Thank you!

[alpha0]

Sounds perfectly alright to me.
p.s. - On another note volunteering doesn't require any work authorization. So if your spouses feel their career is on hold, they can volunteer for a not for profit and gain experience. Believe me as soon as they get EAD that experience will turn out very valuable.

Wow, happy to know some people are trying to get real experience. Most spouses i have seen just jumped into IT job market with 3 months of training and 10 years of fake resumes.

[qesehmk]

Wow, happy to know some people are trying to get real experience. Most spouses i have seen just jumped into IT job market with 3 months of training and 10 years of fake resumes.
Perhaps I am behind on this :) And if you are too then remember the volunteering thing I mentioned. It will save you.

[YTeleven]

Hello Experts,

My Priority-Date is 08/23/2011 on EB-2-India Category and my attorney will be filing the applications (I-140+PP+I-485+I-765+I-131+I-693) for me (and my family) sometime next week. I hear from them that due to the concurrent-filing scenario, all my applications need to be submitted to the Texas Service Center. I also heard from one of my friends (who recently received his GC) that it is the I-140+PP that will get processed in the Texas Service Center and the rest of the applications (I-485+I-765+I-131+I-693) will be transferred from Texas SC to some other Service Center. I wanted to check with you all if the statement that I heard from my friend is a valid one - can you please confirm/correct on this aspect?


Thank you!
Your EB2 PD is in final action date and it will be like that till end of this FY.
If I were you I would do this way:
1) First file 140 with PP - get it approved in 2 weeks
2) Next File just I485 + I485J +I693 (NO EAD/AP) and expect to get the GC in hand in next 6 to 9 months.
Of course this requires support from your lawyer and employer but this will be the fastest route to get the GC in hand IMO.

[YTeleven]

Just once again feel cheated by the whole system: employers, lawyers, USCIS and politicians. It almost feels like they are all working together to make sure that we remain shackled and dependent on these prison walls (plugging a shawshank redemption quote : "These walls are funny. First you hate 'em, then you get used to 'em. Enough time passes, you get so you depend on them. That's institutionalized.").

My story is probably not unique and there are thousand others like me who came so close to getting adjudicated and now face retrogression. I am talking to my employer to see if they can allow me to file another I-485 EB2 AOS petition while EB3 downgrade is still pending (without withdrawing current petition). My HR manager has probably never dealt with all these tricky plays and any recommendation he makes will scale by thousands so he is not willing to allow me to file EB2 I-485, even though I said I can cover legal fee and you just need to sign the paperwork to allow use of approved EB2 I-140.

Waiting in retrogressed EB3 at Nebraska Service Center is not going to do any good, I can keep filing interfile requests, keep raising SRs, congressional inquiries and USCIS will just shake them off like a dog with bad case of fleas. Feel so hopeless and helpless.

IMO this retrogression is temporary.. they will move FAD dates forward in Q2 or Q3..
you should get your GC in this FY for sure.
If you still want to try more... get the I485J based on EB2 140 from your employer and file the new 485 for yourself. if you need the 140copy get your A-file from FOIA request.

[YTeleven]

2011 feb 14 pd eb3, new perm approved, i140 in premium applying i485 next. employee in va, employer located in ohio. which service center it goes to for 485 and will the date stay Jan 2012 for eb3 for this year? filing medicals along with 485

Straight i-485 case should go to MSC service center (but Not sure) but your EB3 PD is in FAD and it will be current in FAD for future.
First get the 140 approval with PP and then File 485 with 485J.. you can expect your GC in this FY.

[gc2011india]

Gurus, Need your guidance.
Mine is Eb2 I PD May 2011. Going to apply for new I 140 and 485 within a month. (I am based out of California).
Can you guide me the best route to apply? I 140 PP and 485 togeher or I 140 PP and after approval 485?

[newyorker123]

Straight i-485 case should go to MSC service center (but Not sure) but your EB3 PD is in FAD and it will be current in FAD for future.
First get the 140 approval with PP and then File 485 with 485J.. you can expect your GC in this FY.

YT, Others - I have heard of this before also - advantages of MSC. Is MSC much faster/straightforward compared to Texas/other centers ?
I just filed I-485, PD EB2 Jan 2012. Will my application go to MSC ?
My PD is not current though in FAD. Really hopeful of somehow getting GC this FY.

[SG2020]

IMO this retrogression is temporary.. they will move FAD dates forward in Q2 or Q3..
you should get your GC in this FY for sure.
If you still want to try more... get the I485J based on EB2 140 from your employer and file the new 485 for yourself. if you need the 140copy get your A-file from FOIA request.

I am EB2 with May 2011 PD, and filed for an EB3 downgrade last October. I don't have the I-140 approval yet and just got FP done in late September. Other than that, there has been no movement on my application.

Do I have an option to file another I-485 application against my already approved I-140 in EB2 (I am current for that too)? If yes, can I do that myself or through a different attorney? I could probably go through our firm's attorney too (Fragomen) but want to know the options before I talk to HR.

[prepleo]

YT, Others - I have heard of this before also - advantages of MSC. Is MSC much faster/straightforward compared to Texas/other centers ?
I just filed I-485, PD EB2 Jan 2012. Will my application go to MSC ?
My PD is not current though in FAD. Really hopeful of somehow getting GC this FY.
So far that has been the trend. MSC has been the fastest for folks who had applied for I485 in OCT-NOV 2020. Most of those cases have been for 485 petitions where I-140 was approved quite some time ago. Timeframe to receive GC has been 8-12 months. However, there are still 2020 filed applications with MSC which have not been approved. So although there is a general trend there is no guarantee this will continue.

[andhraguy]

Sorry to hear that Light. Do you know 485 is YOUR application. Company has nothing to do with it. You can file 485 as EB2 or EB3 as long as you have the right underlying 140. Companies usually are secretive about the 140 and rarely will provide you a copy. So I am not sure how but I just want you to at least understand that 485 is your application and you only use 140 as the basis for that application.

You need to submit 485-J as part of 485 application packet and that needs employer's signature. I am 100% sure but had to believe since my attorney asked for it.

[android09]

Last feed taken from USCIS (1,5 month back) still has ~3k 2009 applications from SRC. LIN seems to have few of them.

Wow? that?s tough. Those 2009 filers have been hanging on EAD since 2012. Any case that has waited over 5 years needs to be grandfathered in or be compensated for the lost opportunities, mental stress and Renewal costs while waiting.

[srimurthy]

Moved a few posts talking about where their applications are and the responses from USCIS Site, SRs and stuff to Application status thread:
https://www.qesehmk.org/forums/showthread.php/2950-Application-Status?p=85290#post85290

And moved some kids aging out questions to:
https://www.qesehmk.org/forums/showthread.php/2920-Advocating-for-Aging-Out-EB-Kids/page2?highlight=kids+aging

[bones20]

I have a question related to "official notice of i485 approval". Below is my approval timeline:

PD: 04/29/2010
Category: EB2
GC approved: 09/23/2021
GC received: on 09/28/2021
"courtesy copy of i485 approval" received: 09/30/2021

I have still not received the "official notice of i485 approval" I created a service request here (https://egov.uscis.gov/e-request/Intro.do) but the response was hey we mailed you the GC and approval notice on 09/23/2021. No suggestion on next steps etc. My lawyer Fragomen hasnt received the official notices either. If someone could please suggest options here. thanks!

[Zenzone]

The thing that Senate Parliamentarian denied was a broad immigration proposal that would have avoided filibuster. This one is going through the normal route and will be subject to filibuster. The negative adjustment is unlikely although the language of the bill talks about "Difference". Check it out. Given the anti India bias in all things immigration, it is not entirely unlikely that agencies end up interpreting the "difference" that way.

If this is not part of any budget reconciliation package and subjected to filibuster as a result, this will almost certainly be filibustered by the GOP. IMHO, the bark will be scarier than the bite here. Good Luck for folks waiting to get your approvals soon.

[gsingh]

Experts ,

I have an approved I-140 in both EB2 and EB3 with the same employer for the same position.
I-485 was filed along with I-140 EB3 (downgrade) in October last year. My Priority Date is 04/2012. EB2 I-140 is from 2012
I am wondering incase EB2 FAD moves to 04/2012 in the coming months, should I request interfiling to pending I-485 for transfer of the underlying basis to EB2 ?
Not sure what are the chances of interfiling request being accepted USCIS.

Has anyone tried it or have recommendations?

Appreciate any inputs.

Thank you.

[LightAtEndOfTunnel]

Sorry to hear that Light. Do you know 485 is YOUR application. Company has nothing to do with it. You can file 485 as EB2 or EB3 as long as you have the right underlying 140. Companies usually are secretive about the 140 and rarely will provide you a copy. So I am not sure how but I just want you to at least understand that 485 is your application and you only use 140 as the basis for that application.

Thanks Q. Upon doing some more investigation, it seems that even if my case is retrogressed under the original category where my I-485 was filed (EB3 in this case) and if my priority date becomes current in other category EB2 and if my EB2 I-140 comes from the same employer with no change in the job description then USCIS shall be able to allocate visa from EB2 queue. [Ref: http://blog.cyrusmehta.com/2021/10/november-2021-visa-bulletin-seesaw-frequently-asked-questions.html]

Is this understanding correct ? In that case I may be better off without filing new I-485 for EB2 as interfiling won't be necessary in my case. Am I missing something?

[qesehmk]

Thanks Q. Upon doing some more investigation, it seems that even if my case is retrogressed under the original category where my I-485 was filed (EB3 in this case) and if my priority date becomes current in other category EB2 and if my EB2 I-140 comes from the same employer with no change in the job description then USCIS shall be able to allocate visa from EB2 queue. [Ref: http://blog.cyrusmehta.com/2021/10/november-2021-visa-bulletin-seesaw-frequently-asked-questions.html]

Is this understanding correct ? In that case I may be better off without filing new I-485 for EB2 as interfiling won't be necessary in my case. Am I missing something?

I am not sure you get approved as EB2 without ever filing a 485 as EB2. I think you have to have EB2 485 filed at least once in order to be allocated a visa under EB2. Now you can have multiple 485 filed and then be approved in any one of them depending on whichever is current.

Let's see I am getting old .... perhaps others can correct me if I am wrong!

[pramod]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

[Noesis]

I am not sure you get approved as EB2 without ever filing a 485 as EB2. I think you have to have EB2 485 filed at least once in order to be allocated a visa under EB2. Now you can have multiple 485 filed and then be approved in any one of them depending on whichever is current.

Let's see I am getting old .... perhaps others can correct me if I am wrong!

Q,

I am in the same boat as Light, my PD will be current under DOF in EB2 and I have filed my EB3 485 last year with no updates. Would you suggest to file EB2 485 now or wait for the dates to become current under FAD.? I am in the same job, same company and I do not see any issues from my company/HR about filing another 485 other than me incurring the cost.

[Noesis]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, we can interfile the request to process your case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

Thank you, so it is not advisable to interfile unless the PD is current under FAD.? My attorney gave a very vague answer, in a nutshell "Upto You".!

[LightAtEndOfTunnel]

Q,

I am in the same boat as Light, my PD will be current under DOF in EB2 and I have filed my EB3 485 last year with no updates. Would you suggest to file EB2 485 now or wait for the dates to become current under FAD.? I am in the same job, same company and I do not see any issues from my company/HR about filing another 485 other than me incurring the cost.

There is no one who can put their foot down and say this is the right thing to do. Even lawyers are split in their opinions. Some lawyers say it is okay to file two I-485 if it helps you to get out of severely backlogged service center. I am still as clueless after hearing conflicting opinions.

[gsingh]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

Do we know whether USCIS is accepting such interfiling requests ? Or is it like the I-693 interfiling which worked for some but not for others.
Has anyone tried this recently ?

[qesehmk]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

I think this is close to my understanding. Although for the life of me I don't understand why one can't file two 485. USCIS can discourage it all it wants. But 485 is just a form that says "I want to adjust my status to GC" !!! That's it.

It seems USCIS has an interfile option and if so - then use that when your new category becomes current. But don't live scared. Trust your lawyer not the company lawyer.

[pramod]

Thank you, so it is not advisable to interfile unless the PD is current under FAD.? My attorney gave a very vague answer, in a nutshell "Upto You".!

I guess the rationale is IF the priority date is current under the filing chart and not the final action chart, it will not do any good to ask USCIS to adjudicate the case according to EB-2 I-140. Also, given lack of clarity on exact EB numbers for this fiscal year, it is still not clear (at least in my mind) on what to actually expect for EB2/EB3 final action in coming months, So, probably better wait?

[AceMan]

There is no one who can put their foot down and say this is the right thing to do. Even lawyers are split in their opinions. Some lawyers say it is okay to file two I-485 if it helps you to get out of severely backlogged service center. I am still as clueless after hearing conflicting opinions.


I will put my foot down and say this is a sure way of doing things wrong. Last year we had enough discussion on this, and I was branded selfish by many good people here. It's now a year since I applied, 7 months for processing, 5 months being current and all the jumping up and down did not help them or any others waiting in the queue. The people who downgraded and got their GC also had their Eb2 PD current.

[rotikapdaaurgc]

I have a question related to "official notice of i485 approval". Below is my approval timeline:

PD: 04/29/2010
Category: EB2
GC approved: 09/23/2021
GC received: on 09/28/2021
"courtesy copy of i485 approval" received: 09/30/2021

I have still not received the "official notice of i485 approval" I created a service request here (https://egov.uscis.gov/e-request/Intro.do) but the response was hey we mailed you the GC and approval notice on 09/23/2021. No suggestion on next steps etc. My lawyer Fragomen hasnt received the official notices either. If someone could please suggest options here. thanks!

Congratulations man ! I have the exact same PD as yours and am still waiting for medical RFE. I have even reached out to my Congressman and Senator, also raised a couple of SRs but there is no activity on my case.

Can you suggest what else can I try now?

Thanks