EB2-3 Predictions (Rather Calculations)

[vedu]

I get that, and I have made the similar mistake of not taking GC processing that seriously in 2009. But even if you consider the utopian case, I do not see how USCIS can use up all the numbers based on the processing times. I guess my thought process is that shouldn't USCIS be accepting applications on filing dates for two years from now to build inventory rather than the immediate fiscal year. Shouldn't they have started accepting for FY 2021 the start of FY 2020?

The estimates provided on the USCIS website are generally very conservative, and the range 8-23 months is very wide. The lower end of it does come under a year. So, the filing dates at the beginning of the year are still the best estimate of where the final action dates will end up by the end of the year. Let's stay positive and hope for raining RFEs sooner than later.

[bones20]

QQ: anyone doing premium processing for EAD? Lawyer (Fragomen) says that its not enabled yet.

[raradhya]

Hi,

The place of birth listed on my wife's passport differs from the one listed on her birth certificate.

For I-485 purposes, is the birth certificate the more important document? Should we go by the city of birth on her Birth Certificate or on her passport?

Any feedback/info is deeply appreciated!

Thanks!

You can provide 2 things for birth certificate.
1. Non availability of birth certificate from the government agency even after searching the records. this need to be notarized. usually the DTP centers near the city hall will be able to get this on a spamp/estamp paper.
2. affidavit from both parents (or a relative atleast 7 years elder to to the applicant) confirming the date and place of birth. this need to be notarised aswell. i this document you can specify the place of birth same as the one in the passport.

[maverick2010]

QQ: anyone doing premium processing for EAD? Lawyer (Fragomen) says that its not enabled yet.

This option is not made available yet. We have to wait for official announcement.

[maverick2010]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

[Turbulent_Dragonfly]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

For me, the best case scenario would be the FAD reaching the FDs. The worst case scenario may not be known until probably Jan or maybe even April.

[inspired_p]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

Best case - FADs move to FDs by Feb 2021.

Worst case - FAD movement similar to 2020 expecting the Spillover to be recaptured for FB through congress and hence wasting the visas even if congress does not take away the spillover.

[Abhinav3799]

I have done some data crunching to determine if downgrade from EB2 to EB3 will really help or not. Considering horizontal and vertical spillovers , EB2 India might get approximately 30K Green cards in 2021 and EB 3 India might get 20K. However , due to high demand in EB2 category , I don't see EB2 final action date moving beyond Q1 of 2011. EB 3 India might get to end of fiscal year 2011 as demand is significantly low. so people with priority date beyond january 2011 should consider downgrading option.
Detailed analysis with all the source data is given in below given link :



http://chatur-chintamani.blogspot.com/2020/10/october-2020-visa-bulletin-filing-in-eb.html

[Abhinav3799]

I have done some data crunching to determine if downgrade from EB2 to EB3 will really help or not. Considering horizontal and vertical spillovers , EB2 India might get approximately 30K Green cards in 2021 and EB 3 India might get 20K. However , due to high demand in EB2 category , I don't see EB2 final action date moving beyond Q1 of 2011. EB 3 India might get to end of fiscal year 2011 as demand is significantly low. so people with priority date beyond january 2011 should consider downgrading option.

Factors considered :

1. Spillover from family based category
2. past 2 years demand in EB2 and EB3 category for non-china non-india applicants
3. EB1 category demand from past 3 years and possible spillover to EB 2
4. India I 140 filings in 2009-2015 for EB2 and EB 3
5. EB3 to EB2 Upgrades happened during 2010-2015
4. twince count of demand as spouse filing I 140 separately

Detailed analysis with all the source data is given in below given link :



http://chatur-chintamani.blogspot.com/2020/10/october-2020-visa-bulletin-filing-in-eb.html

[Octgc7]

Hi,

The place of birth listed on my wife's passport differs from the one listed on her birth certificate.

For I-485 purposes, is the birth certificate the more important document? Should we go by the city of birth on her Birth Certificate or on her passport?

Any feedback/info is deeply appreciated!

Thanks!

I also face the same issue. If you want to change it in passport, first you need to fill in the CKGS form and then take pre approval from the consulate in your jurisdiction. I contacted the Indian consulate in NYC to change the place of birth in passport. They emailed me this "You may apply for passport renewal requesting change of place of birth, attaching a supporting document like Birth Certificate. Please bear in mind that only city of birth can be changed, state and country of birth CANNOT be changed.".

I filled in the necessary forms from CKGS website and submitted the passport along with the birth certificate and the email from consulate. Now am waiting for the update.

[Zenzone]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

If visa wastage is kept to acceptable levels, I would expect EB2 and EB3 FAD to converge around mid to fall of 2011 by next September.

[iamdeb]

quick question....is the I-944 form, one for each applicant applying for I-485, or is it one per family?

[android09]

quick question....is the I-944 form, one for each applicant applying for I-485, or is it one per family?

One for each person applying.

[Positive]

If visa wastage is kept to acceptable levels, I would expect EB2 and EB3 FAD to converge around mid to fall of 2011 by next September. No amount of visa wastage is acceptable. We should all prepare to sue the administration early in the fiscal year if it looks like visas will be wasted. After having waited for 10+ years we have a reliance interest that our applications will be processed timely and visas utilized as intended under the law.

[Zenzone]

One for each person applying.

Applying for I-485 and AOS to be precise. For example, US citizen kids need not fill in separate I-944 forms as they don't need to adjust status with you.

[Zenzone]

No amount of visa wastage is acceptable. We should all prepare to sue the administration early in the fiscal year if it looks like visas will be wasted. After having waited for 10+ years we have a reliance interest that our applications will be processed timely and visas utilized as intended under the law.

I'm with you if the world was all sunshine and roses :).

[iamdeb]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

[Turbulent_Dragonfly]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

Any new I-140 is attracting significant scrutiny as a completely fresh application with no regard to established prior eligibility. So check with your attorney and you may need to do a fresh educational evaluation to establish the equivalency for the 3 year Bachelors. Also EB2 or EB3 depends on the requirements of the position, and not the educational qualifications of the applicant.

[gthbvf]

Wondering how PERM can be ported from old to new employer. (Never heard of this)


If you have PERM+I140 approved in EB2 with existing employer , It makes sense to file I-140 (EB3) and AOS concurrently and get EAD/AP.

To my understanding I-140 is more about employers ability to pay than Employee's education/skillset. If your current employer is on solid fiancial ground you have
nothing to worry about.

In worst case you will still keep your I-140 EB2 and can file AOS when DF is available to you under EB2

[iamdeb]

Wondering how PERM can be ported from old to new employer. (Never heard of this)


If you have PERM+I140 approved in EB2 with existing employer , It makes sense to file I-140 (EB3) and AOS concurrently and get EAD/AP.

To my understanding I-140 is more about employers ability to pay than Employee's education/skillset. If your current employer is on solid fiancial ground you have
nothing to worry about.

In worst case you will still keep your I-140 EB2 and can file AOS when DF is available to you under EB2

Thanks for the response...That was a typo on my part about PERM ported from old to new employer...i meant the PD was ported from the old employer...my current employer filed a PERM again in 2015 under EB2 the I-140 for which was approved in 2016...I am bit queasy regarding the downgrade after reading the excerpt from another site...

"USCIS will look at this new I-140 filing with fresh eyes. This means they will re-adjudicate the entire petition again. Just because you received an approval before does not guarantee that the new petition will be approved. There is no deference given to prior approvals. Your employer must have the ability to pay the offered wage from the priority date to the present, your education and experience must meet the stated requirements on the labor certification which will be interpreted under the current adjudication trends, which may have changed from when you previously filed the EB-2 I-140. If the EB-3 downgrade is ultimately denied, it could impact the approved EB-2 I-140 depending on the reason for denial"

[Jonty Rhodes]

My PD is EB2 May 20, 2011. I missed out by 5 days on filing dates in EB2.

I have prepared and sent my application to my attorney already with I-485 and I-944. I am going to wait for November visa bulletin. If EB2 filing dates advance and if my EB2 priority date becomes current then I will just go ahead and file I-485 in EB2. If dates don't advance in November visa bulletin, then I will go ahead and downgrade EB2-EB3 before October 31 as my application is already with the attorney.

My question is that do I need to send medicals right now or can I wait till the USCIS sends an interview invite and send the medicals before that? My attorney requested us not to do medicals right now and instead asked us to wait till the USCIS asks for them.

Is that ok to do?

[rocketfast]

My PD is EB2 May 20, 2011. I missed out by 5 days on filing dates in EB2.

I have prepared and sent my application to my attorney already with I-485 and I-944. I am going to wait for November visa bulletin. If EB2 filing dates advance and if my EB2 priority date becomes current then I will just go ahead and file I-485 in EB2. If dates don't advance in November visa bulletin, then I will go ahead and downgrade EB2-EB3 before October 31 as my application is already with the attorney.

My question is that do I need to send medicals right now or can I wait till the USCIS sends an interview invite and send the medicals before that? My attorney requested us not to do medicals right now and instead asked us to wait till the USCIS asks for them.

Is that ok to do?

Most companies in silicon valley are saying that they will not file medicals right now - to reduce their workload.

In other news, a medium sized company in silicon valley sent a mail to its employees that USCIS is rejecting new I-140 downgrades this month. It could be that they are wrong. If not, the news will eventually percolate in a few days.

[greenjpr]

Hi Gurus,
My PD is June 2010 and I am with sane employer for 12 yrs.

My company attorney filed my i485, EAD, AP by Oct 1st itself after I pressured them do mine first.

However they did not file i944 and I also missed it. When I asked after reviewing this forum, they told that until 10/12 i944 is not mandatory and attorney will file when we get RFE.

Will this cause any delay? Attorney also told me not to submit credit report, medical services now. I am worried about i944 and any possible delays due to that.

[Jonty Rhodes]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.

[bones20]

Most companies in silicon valley are saying that they will not file medicals right now - to reduce their workload.

In other news, a medium sized company in silicon valley sent a mail to its employees that USCIS is rejecting new I-140 downgrades this month. It could be that they are wrong. If not, the news will eventually percolate in a few days.

which company?

[Turbulent_Dragonfly]

Hi Gurus,
My PD is June 2010 and I am with sane employer for 12 yrs.

My company attorney filed my i485, EAD, AP by Oct 1st itself after I pressured them do mine first.

However they did not file i944 and I also missed it. When I asked after reviewing this forum, they told that until 10/12 i944 is not mandatory and attorney will file when we get RFE.

Will this cause any delay? Attorney also told me not to submit credit report, medical services now. I am worried about i944 and any possible delays due to that.

Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

After Oct 13, if you send without I-944, they will reject the whole packet.

https://www.fragomen.com/insights/alerts/uscis-resumes-nationwide-application-public-charge-regulation

[android09]

Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

After Oct 13, if you send without I-944, they will reject the whole packet.

https://www.fragomen.com/insights/alerts/uscis-resumes-nationwide-application-public-charge-regulation

Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

[Zenzone]

Guys, I had a question about the timelines. I see on USCIS website that time to process i140 is 5-7 months and for i485 is 8-23 months for employment based. It leads me to wonder that for EB3 specifically, most of the numbers could end up wasted by end of the year. Even if the admin wanted to use all the available numbers, I don't get it how the wastage could be avoided based on the processing times. Am I missing something here? Any experts can explain this?

8-23 months is a huge window and it depends on certain high risk country applications taking longer especially. As long as the interviews happen things shud keep moving as biometrics usually happen 2-3 months within filing as such. Also, remember if there is an admin. Change they could even make interviews optional or waive them for EB applications. Remember EB interviews were made as a requirement without any rulemaking so its easy to rescind them if the next admin. Wants to do it.

[jimmys]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.

The chance for EB-2 filing date move any further in November is very slim. They moved the date to May 15,2011 calculating the I-140#. Until they have the I-485 count till May 15,2011, they may not move the FD.

Your PD has very good chance of becoming current in EB-3 in FY 2021(Unless too may people jump lines from EB-2 to EB-3 before your PD). If I were you, I will just file it in EB-3 (If you want to wait for Nov bulletin, that is fine) and be done with it.

Honestly I will avoid filing two I-485s.

[rocketfast]

which company?

Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

[shivab55]

Can gurus advie derivative minor children need to file I 944?

[horizon1012]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

[optimista]

Folks,

I had EB3 with my first employer many years back and have EB2 with my current employer. PD July 2010. I am already applying with current employer in EB2. The first employer can also apply for GC in EB3. He is willing, as long as I am paying. What should I do in this case? The lawyer had told me that for old employer, it would an issue to prove the sustainability of job offer since I had left him six years ago. But with new employer the issue is I will be applying for I-140 concurrently, so there is pressure of whether I-140 gets approved without any issues or not.

I am wondering whether applying with 2 employers will cause any confusion at USCIS. Also in case of old employer, I would need to find a project to work with him.

Can you please give your advice?

Thanks

[JoinedToAsk]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

How do you know about this?

[horizon1012]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trump-calls-for-congress-to-approve-second-1200-stimulus-checks.html. I hope they don't include FB clause in this standalone version.

[dus_saal_baad]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

[rabp77]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

sometimes the case status updates have not been reliable. Had a case that was approved, but status page was showing receipt. so please dont worry about it.

[Zenzone]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trump-calls-for-congress-to-approve-second-1200-stimulus-checks.html. I hope they don't include FB clause in this standalone version.

You are talking about a possibility of a retroactive immigration law? No chance. Whatever is done (if any to begin with) will be only for next fiscal and not for the SO that has already come in on Oct 1st this year. Like Q said we can go to the bank with this fiscal's SO as its already credited lawfully at the time it was given.

[android09]

No doubt imdeng ... miss the oldfolks like Kanmani, nishanth, soggadu and many more... this forum has been helpful and specially few great folks who made good impact on our lifes..specially Q, Spec and many more

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.

[qesehmk]

You indeed are imdeng!

Some people say receiving GC does not feel any different. My own experience was different. I smelled (?smelt?) freedom when I received a GC. It was so suffocating for me to have to renew this visa that license and so on. Every damn step of the way they have made immigrant life miserable. That's why I hate those anti-immigrants so much. They themselves have been immigrant ones but now they don't want new ones.

I personally am fortunate to have made friends here on this forum and it made my own life easier.

Take a deep breath. If you go to Lansing, go to the Indian temple on my behalf. With you receiving a GC my own memories have become fresh! Have fun and put the laptop down for this weekend!!


Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

[qesehmk]

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.
Many many people have contributed android. Some more some less. But generally my philosophy is to let people be the judge and custodian of their own kindness :) That's how the forum has seen many great and kind contributors and continues to do so.

[toomuchguy2]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

[Spectator]

Spec - you never told us about your own approval. Don't mean to intrude your privacy. But quite a belated congratulations are in the offing for you! Congrats. People often think you and I are the same people and I just want to say there is one and only Spectator! And it's not me.

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

[rocketfast]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

[imdeng]

imdeng,

I'm so pleased to hear this news!!

As Q said, let yourself revel in the moment, at least for a little bit.

Although some time a ago now, I still remember the feeling of hearing about the approval.

Thanks for all your contributions to the forum. I hope they continue.

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

[Turbulent_Dragonfly]

Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

[android09]

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

What they told me is that they've got to do 30 plus I-485 for staff and their families before end of October, me included. So they will file for I-485 base application (I-485, EAD, AP, 944 and I-693) for all of us and when the RFE comes back, they will send in the 485 J. They mentioned this is how they've been doing it always. PS. They are a large employer in the area and not into consulting etc.

[toomuchguy2]

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

Thanks for your feedback rocketfast

Other guru's please (Spec, Q etc) what's your take on this?

[sportsfan33]

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

Spec is Doctor Who. (s)he was undergoing a "regeneration cycle" then. Now, (s)he's back with a new Avatar.

Yeah...Spec's been around forever...as long as Q's forum (the first two posts are made by in fact him and you; imdeng), unchanging, unyielding, always analytical, always to the point, always helpful.

I still lurk. I hope you will too, imdeng!

[sportsfan33]

Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

That's quite a journey imdeng! But I will tell you this; "what doesn't kill you makes you stronger".

Seriously, EB-I immigrants should write memorandums/biographies of this journey and bury them in a time capsule. Future historians will find this stuff almost unbelievable.

Make it one beer and one shot of single malt for you today imdeng! Congrats again; your GC made me relive the memory of me receiving it. I am feeling your happiness!

[sportsfan33]

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

Wha?!?! Spec's a legal immigrant too! Hear hear :)

No, your days are hardly numbered dear friend. Q's forum will live. Even if there are no useful numbers, this is a forum after all! We can all share news, lift each other's spirits, chat on other topics, share life stories, promote immigration advocacy...really, the number of things that could be done are countless. I don't think your only contribution is sharing accurate numbers...I think your empathy, kindness, reassurance have been very valuable to everyone, including me. I remember how back in 2014, I was frustrated when I didn't receive the blasted medical RFE and was flooding your inbox with my frustrations!

I do hope though that transparency will rule the day and these shenanigans will stop. A lot can be done to ensure fairness and transparency can be enforced in the USCIS's way of doing things. Let's hope for a brighter and more hopeful 2021!

[richie.rich]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

I feel that it is going to be other way around. Since EB2 is not eligible to file after May 2011, so all EB2 from June 2011 till Jan 2015 will downgrade and do concurrent filing. That way they will fit in the queue. They will maintain their H1B. If EB2 gets further, they have the option to do interfiling.

It will be riskier from EB2 PD May 2010 - May 2011 to downgrade now with concurrent filing. If by any chance, I-140 get denied, they will be out of queue. Best bet is to not downgrade now and file under EB2 and stay in queue. Later, maintain H1B and start downgrade process to EB3 and file it in future, when dates are current.

Again, this is my thought process and I am not an attorney. Please reach out to your attorney and discuss more. All the best!!!

[radheys]

What about those EB2 between May 15- 30, 2011? should they downgrade or wait for next month bulletin?

[iamdeb]

My PD is May 23,2011 EB2-I...what suggestion do you have for those EB2-I whose PD fall between May 15-31, 2011?

[iamdeb]

In trackit, EB3-I folks with PD in 2013 are getting NVC consular processing notices......i thought NVC sends mail only to those candidates who PD is near the final action date....does it mean EB3 PD FAD is going to reach 2013 soon......

[richie.rich]

My PD is May 23,2011 EB2-I...what suggestion do you have for those EB2-I whose PD fall between May 15-31, 2011?

Since you missed the date in EB2, If I were you, I would downgrade to EB3 with concurrent filing. Maintain your H1B and keep this as a backup plan. If EB2 moves beyond, since most of the people will be downgrading during that time, you can always do interfiling back to EB2.

Please speak with your Immigration Lawyer as well before you do anything. You can suggest him this and see what he says. All the best!!!

[Turbulent_Dragonfly]

In NPR, they frequently say that instead of rushing to connect the dots immediately when some big news breaks, they collect the dots and slowly try to figure out what's going on without rushing to judgement. In my view, Trackitt is basically Cable News like CNN, Fox etc., while this forum is NPR. :D

[qesehmk]

Spec, Yes. That's what I always thought. It matters little to me where somebody is from. What matters is their character. And you have plenty. We certainly have ups and downs and quarrels on this forum too. I do butt heads too. But by and large we have managed to be civil, cooperative and objective. The credit belongs to everybody here.

I and so many others would hope your days on this forum are not numbered. Yes the 485 inventory is not around. But if you remember it was not around when I first started publishing my forecast (it was so manual then!!). I poured over all websites, came up with what ever was available and a quite decent forecast model that correctly predicted that EB3-I was doomed. I stopped publishing that model sometime in 2013 when I built WhereismyGC. I think there is ample information around, it just isn't as readily consumable as a 485 inventory. That's what I do at WhereismyGC. Don't mean to plug in WhereismyGC. Just trying to explain that information exists in different ways that are not readily consumable.

I received my GC approval in 2011. So yes long time has passed since. Finally, I did become a citizen last month after waiting out four years. The reason I called it difficult decision was not because I was hesitant to become a US citizen. Rather it was about giving away my Indian passport and becoming a second class citizen (called OCI). I just couldn't stomach the thought. But I guess one has to move on !

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

[imdeng]

Don't remember Kanmani? She is probably one of the best legal minds on this forum. She could find references and split meaning like nobody. Haven't see her in a while though.

Of course I remember Kanmani - she was Spec's near equal when it came to legal matters. I was confused by whether Sri is referencing her legal mind of whether Sri *is* Kanmani's legal mind.

I have vivid memories of Kanmani figuring out my entire history - my Engg, my MBA, my PhD schools - through just my username here and location. She sent me a nice message after she deciphered my history. She was brilliant and hope she is doing well. Her PD was like a month before me IIRC - so she should be green by now if she is still in US.

[Positive]

I feel that it is going to be other way around. Since EB2 is not eligible to file after May 2011, so all EB2 from June 2011 till Jan 2015 will downgrade and do concurrent filing. That way they will fit in the queue. They will maintain their H1B. If EB2 gets further, they have the option to do interfiling.

It will be riskier from EB2 PD May 2010 - May 2011 to downgrade now with concurrent filing. If by any chance, I-140 get denied, they will be out of queue. Best bet is to not downgrade now and file under EB2 and stay in queue. Later, maintain H1B and start downgrade process to EB3 and file it in future, when dates are current.

Again, this is my thought process and I am not an attorney. Please reach out to your attorney and discuss more. All the best!!!

A separate I-140 in EB3 would not directly impact the originally approved EB2 I-140, denial of the former would not affect the latter.

[Positive]

Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

Amending the I-140 means if it is rejected you are done. If you file a separate I-140 for EB3, if it is rejected, you still have your approved EB2 I-140.

[Positive]

I'm with you if the world was all sunshine and roses :).

:o I meant it as an action plan. Seriously. My PD is Sept 2013. I have been on work visas for 14 years. If we let them waste visas, they will.

[Positive]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

I have a Ph. D and J.D. as requirements for my current position. Both are considered doctorate level. I am downgrading and my attorney does not see any legal issues.

[newyorker123]

I have a Ph. D and J.D. as requirements for my current position. Both are considered doctorate level. I am downgrading and my attorney does not see any legal issues.

Why don't you try EB1A/EB1B if you have a Phd ?

[imdeng]

Why don't you try EB1A/EB1B if you have a Phd ?

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

[moon80]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait


I think you have generalized a big timeframe EB2 PD May 2010-May2011.

I believe EB2 I can easily gets GC in 2021 till Dec 2010, so no point downporting till then.

[newyorker123]

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

I understand and I am speaking from experience too.
EB1A is always very difficult (though I know outliers with only undergrad degrees who got it approved).
But EB1B has high rates of success, and a Phd naturally leads to EB1B criteria fulfillment. More so, as an EB1B always backed by an employer.

[rohanvus]

I think you have generalized a big timeframe EB2 PD May 2010-May2011.

I believe EB2 I can easily gets GC in 2021 till Dec 2010, so no point downporting till then.

Whats your take on filing date for EB2 ? Do you see this move at all in coming months or would EB2 filing date retrogress ?

I have PD of Dec 2,2011 (EB2) . Hence double minded whether i should downgrade or stay put in EB2 .

[Positive]

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

Exactly. You need to be doing research or work as a professor for EB1A and EB1B, respectively.

[Positive]

I understand and I am speaking from experience too.
EB1A is always very difficult (though I know outliers with only undergrad degrees who got it approved).
But EB1B has high rates of success, and a Phd naturally leads to EB1B criteria fulfillment. More so, as an EB1B always backed by an employer.

Here's what USCIS has on its website for EB1B and I am sure it closely follows the statute/regs:

"You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer."

[moon80]

Whats your take on filing date for EB2 ? Do you see this move at all in coming months or would EB2 filing date retrogress ?

I have PD of Dec 2,2011 (EB2) . Hence double minded whether i should downgrade or stay put in EB2 .

Filing dates are hard to predict. But IMHO I think filing dates might move a bit in NOV but not sure whether it will cover dec 2011.
I think you should start preparing for EB3 downport and file 485 ASAP.

[newyorker123]

Here's what USCIS has on its website for EB1B and I am sure it closely follows the statute/regs:

"You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer."

Note: "Private employer"
Many employees in private companies having Phds would have been eligible for EB1B "if the employer wanted to file". Employers don't want to, for obvious reasons.

[rohanvus]

Filing dates are hard to predict. But IMHO I think filing dates might move a bit in NOV but not sure whether it will cover dec 2011.
I think you should start preparing for EB3 downport and file 485 ASAP.

Thanks moon.
Does downporting mean that i am out of EB2 queue forever if i switch to EAD posting 485 filing ?
In other words , if I switch from H1B to EAD and we then see EB2 FAD advance , can i get back to EB2 queue at that point ?

[iamdeb]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........

[texas_]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........

I would say go with the downgrade without wasting a second.
It won’t harm your existing EB2 approval, however downgrading would give you more path open to receive green card faster

I listened to Spec and Q 3 years ago now I have both eb2 and eb3

Please take advantage of existing rules and be at peace

Hope this helps

[rohanvus]

I would say go with the downgrade without wasting a second.
It won’t harm your existing EB2 approval, however downgrading would give you more path open to receive green card faster

I listened to Spec and Q 3 years ago now I have both eb2 and eb3

Please take advantage of existing rules and be at peace

Hope this helps

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

[YTeleven]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........
Just file it before 30th.. if you need motivation check my last 7 year posts.. EB2 will never catch up with EB3 in next 10 years.

[YTeleven]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.
You're playing too safe game which may delay your GC.. I can easily predict that EB2 FD will be there for another 6 months but it's hard to predict a 5 more days of advance movement in next 6 months.. so it is wise to file 485 along with eb3 downgrade by 30th..

[texas_]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

I’m not an attorney so request you to kindly contact your attorney
I advise you to start downgrade process and file 485 concurrently while you have 20 more days

[inspired_p]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.

[gcconnect]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know


Even i have same Questions, there is info below, but could not get clear answer. Gurus can some one let us know

https://www.murthy.com/2013/07/26/interfiling-new-immigrant-petition-into-pending-i-485-case-part-1-of-2/

[rohanvus]

You're playing too safe game which may delay your GC.. I can easily predict that EB2 FD will be there for another 6 months but it's hard to predict a 5 more days of advance movement in next 6 months.. so it is wise to file 485 along with eb3 downgrade by 30th..

YT , how about PD with DEC 2,2011 in EB2 ? Even this date will not see light of the day say in 3 years from now ?

Yes EB3 is way ahead in terms filing date right now (but this will likely retrogress) but FAD dates may see some see-saw effect w.r.t to EB2 .
EB2 can get additional vertical spillover unlike EB3 which gets only horizontal spillover from ROW, provided this time USCIS does not waste the additional visas from FB category . In such case I see EB2 and EB3 kinda coming to some kind of equilibrium in couple of years

[YTeleven]

YT , how about PD with DEC 2,2011 in EB2 ? Even this date will not see light of the day say in 3 years from now ?

Yes EB3 is way ahead in terms filing date right now (but this will likely retrogress) but FAD dates may see some see-saw effect w.r.t to EB2 .
EB2 can get additional vertical spillover unlike EB3 which gets only horizontal spillover from ROW, provided this time USCIS does not waste the additional visas from FB category . In such case I see EB2 and EB3 kinda coming to some kind of equilibrium in couple of years
If I just consider numbers I would predict that EB India should get 150k this year and 100k next year if there are zero visa wastage. That will comfortably move the EB2I dates to 2012 by next year. but here lot of other factors making uncertainty.. like court stay on fee hikes, uscis processing capacity, current political environment

[vsivarama]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

a) It depends on the denial. If the cause of denial somehow puts into doubt the original perm or if there is a reason to believe a fraud has been committed then EB2 i140 may be revoked as well. Else there is no impact of EB3 i140 being denied on EB2 i140.
b) One has to be on H1 to make the switch back to EB2. My lawyer as he put it one needs to be on an underlying immigrant visa (H1, L1) to be able to move back to EB2 queue. The moment you switch to EAD, you are basically saying that you will be using the 485 - AOS filed to pursue your GC.

[iamdeb]

Hi All,

As you know recently USCIS has amend the drop box eligibility to 24 months. My H1B visa on passport expired on Mar 23,2000. As per usual drop box rules I am eligible for it till Mar 23,2021. With the drop box eligibility being extended to 24 months does it mean that I will be eligible for drop box till Mar 23,2022.

Thanks!

[suninphx]

If I just consider numbers I would predict that EB India should get 150k this year and 100k next year if there are zero visa wastage. That will comfortably move the EB2I dates to 2012 by next year. but here lot of other factors making uncertainty.. like court stay on fee hikes, uscis processing capacity, current political environment

I know it's early, but I don't see a case where visas are NOT wasted. I don't see a flurry of approvals either on trackitt or any where else. So much for processing power. Plus lots and lots of people are downporting (and rightfully so) is going reduce processing power even more. Surely hoping for a much better outcome though.

[JoinedToAsk]

Experts,

My priority date is Nov 2010 EB2I. I am hearing mixed messages from friends and several lawyers that I should continue to file in EB2I. I thought of posting here what I have gathered so far. I'd appreciate honest guidance.

Reasons for staying with EB2I in Oct/Nov 2020:

1. Let's assume that I have filed in EB2I in Oct/Nov 2020, and EB3I FAD becomes current in, say, Jan 2021. Now, if I downgrade to EB3I in Jan 2021, USCIS will not pick my EB3I in Jan 2021 although EB3I is current because I will not have an approved I-140. In other words, I'd be downgrading the month in which EB3I FAD becomes current. So, USCIS will first process those EB3I applications that will have an approved I-140 rather than mine. As a result, my application might be delayed by several months from Jan 2021.

2. I-140 in EB3I can be upgraded to premium no less than 60 days after filing downgrade application. Even then, it's at the discretion of USCIS to convert I-140 from regular processing to premium processing. So, if USCIS processes my application in regular processing (i.e. premium processing is denied), there could be a waiting period of 5-6 months for I-140 approval. Moreover, in this time, EB2I FAD might cross Nov 2010. So, I am better off staying in EB2I.

3. EB2I will get more spillover because EB1 > EB2 > EB3 in terms of priority. So, EB2I will progress faster than EB3I.

4. Sometimes downgrade/interfiling applications get lost without any updates from USCIS for several months. People go to congressmen/women for status updates, and still nothing happens. So, stay with EB2I.


Reasons for downgrading from EB2I to EB3I in Oct/Nov 2020:

1. I-140 data shows less inventory for EB3I than for EB2I in 2009/10, which implies relatively faster movement for EB3I than EB2I for Nov 2010 PD.

2. After downgrading and with approved I140 in EB3I, I will have an option to file through EB2I or EB3I. I will thus be covered either way.

3. For spillover, the priority of EB1 > EB2 > EB3 isn't right. FB spillovers are allocated equally to EB2 and EB3. This point is counter to #3 in EB2I section above.

4. After downgrading to EB3I, if EB2I moves faster than EB2I, I may not be able to upgrade to EB2I since USCIS may restrict such movement in future to make EB2I faster than EB3I.

I have gathered above data after throwing several hundred dollars on consultation. I'm very frustrated because I feel that I am getting incorrect or partially correct information. I'd appreciate if someone can give me an honest advice.

[newyorker123]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?

[YTeleven]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?
For new perm, file 2 i140s one in EB2 another one in EB3..otherwise just EB3..

[YTeleven]

Still I prefer EB3 downgrading..key here is I140 processing power.. uscis has processed significantly higher number of i140s compared to 10 years ago..now the I140 demand reduced to 2009 levels so increase in downgrades will compansate that reduced demand..also you mentioned discretion of USCIS..if their target is not to waste visas then they have to process these downgrades on priority..

[vsivarama]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?

As far as I know you do not need to determine EB2 or EB3 at the time of perm filing. Just make sure that the perm meets the minimum standards for EB2. At the time of filing i-140 which is still months away in your case you can pick either EB2 or EB3 to file for i-140. You will have a more clear picture at that time.

[vsivarama]

@JoinedToAsk
FB Spillovers are allocated equally to EB1/EB2/EB3. But EB2 might have higher spillover because EB2-ROW usage has been low as per previous years trends and EB2 is Likely to get vertical spillover from EB1 as there will be leftover numbers even if EB1 is made current for the year. So basically it boils down to this. There are more folks in EB2 queue but EB2 will also have higher spillover compared to EB3 for the reasons mentioned above. EB3 has less people in the queue and less spillover compared to EB2. Plus additional i-140 processing is required for you. End of the day it could go either way for you. It's up to you to decide how far you are willing to go for the possibility of getting a GC maybe a few months earlier at best? I am saying this based on the assumption that USCIS does NOT intend to waste visas. If their intention is to waste visas then maybe you are better off in EB3. I do not think anyone can predict what route USCIS will adopt until next couple of months.

[seepz123]

Hello Gurus, I need some advice regarding a job move that I am having to make. My priority date is in March 2010, and I have been on a H1-B (since 2005), and I am planning to take up a new job now as my employment with the current employer (whom I have been with since 2008) is a bit shaky due to external uncertainties. As I plan to make use of my EAD for the new employment, are there any documents that I need to submit to USCIS while making this move?

[longwaitgigu]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.
Can you please tell me or anyone
How may i944 form is needed - is one per family enough- that's what our lawyer send
We both - husband and wife r filing i485 and lawyer said only primary applicant has to file i944
Is it true?

[longwaitgigu]

My lawyer now said
With oct 2010 eb3 PD
Not to do medicals
This is not what he said prior

[sanjeevchhibber]

I have EB2I with priority date of 10th August 2011, my perm. was filed when I was Analyst now I am Director in the same dept.. (natural progression), my employer is ready to downgrade, I ma keeping all my documents ready now my dilemma is choose which option

Option 1) Monitor November visa bulletin, if EB2I filing date moves by 3 months & reach my date then just file I485 and in the future if the final action dates for EB3 reach August 2011 before EB2 then at that time do a downgrade to EB3/I485

Option 2) Should I downgrade to EB3 now and file I140/485 together and assume that EB3 will give GC faster since I140 Inventory in EB3 in 2010/2011 is very low

My lawyer is saying there is some risk in my case because My Title is Changed not sure why this matter because job duties are same, will that risk be more with EB2 or With downgrading to EB3 not sure ?

friends I am new on this site, Any suggestion/advice appreciated

[1312011_eb2I]

Hi all,
My lawyer is busy and told me they are planning to submit my (I485) application by 20-23 Oct.
Do I have any options here and is it safe to wait for few more days?
Kindly advise.

[inspired_p]

Can you please tell me or anyone
How may i944 form is needed - is one per family enough- that's what our lawyer send
We both - husband and wife r filing i485 and lawyer said only primary applicant has to file i944
Is it true?

My lawyer told me the form 944 is required for each I-485 application ( primary and derivatives) , but supporting documents are mostly common

[rabp77]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---

[Turbulent_Dragonfly]

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---
My attorney’s decision regarding medicals since I am May 2010 was that we will still be dealing with the pandemic come Jan-Feb 2021. So there may be a possibility that they will waive the biometrics and interview so the hope is once the FAD is current, there will be no other delays. Only time will tell I guess.

[inspired_p]

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---

Thank you for this information. I think this can be extrapolated to understand that medicals can be sent in anytime during I-485 is pending and we don't have to wait for an RFE for the same.
Is that correct ?

[inspired_p]

My attorney’s decision regarding medicals since I am May 2010 was that we will still be dealing with the pandemic come Jan-Feb 2021. So there may be a possibility that they will waive the biometrics and interview so the hope is once the FAD is current, there will be no other delays. Only time will tell I guess.

I too have the same mindset. Why add time to the process by ensuring a RFE.

[Positive]

Note: "Private employer"
Many employees in private companies having Phds would have been eligible for EB1B "if the employer wanted to file". Employers don't want to, for obvious reasons.
My point was that if one is not in a research or teaching position, then there is no basis for filing EB1b.

[Turbulent_Dragonfly]

Thank you for this information. I think this can be extrapolated to understand that medicals can be sent in anytime during I-485 is pending and we don't have to wait for an RFE for the same.
Is that correct ?

Maybe others can correct me, but to my knowledge you can only file it with the I-485 or while responding to an RFE for it.

[Turbulent_Dragonfly]

My point was that if one is not in a research or teaching position, then there is no basis for filing EB1b.
Second that, as I have personal experience in this with regard to my wife. She has a PhD and works indirectly for space and defense, but she can’t publish anything or provide details on anything she does. So she has no chance of applying for EB1B. She can easily file EB2-NIW but that offers no advantage from a processing standpoint so we decided to just stick with my application and ride it out.

[HarepathekaIntezar]

Not many think and believe this will happen. I was predicting this to happen for several years now. The logic is simple.. if administration is successful in allocating 261K visas by Sep 2021 then atleast 50k visas should go to EB3I and that brings down the EB3I final action dates to 2015 and beyond.

My apologies if this has already been answered. What is the rule for allocating the Spillovers this year? I read a few posts that say it is EB1-> EB2 -> EB3. Another rule I read is that they will just be used to clear out the earliest PD's irrespective of EB Category as long as the 7% Per Country limit is respected. Please clarify.

[idliman]

My apologies if this has already been answered. What is the rule for allocating the Spillovers this year? I read a few posts that say it is EB1-> EB2 -> EB3. Another rule I read is that they will just be used to clear out the earliest PD's irrespective of EB Category as long as the 7% Per Country limit is respected. Please clarify.
Spec had explained this sometime back. It is 28.6% * 7% * 261,500 = 5,235 GCs (each for EB1, EB2 and EB3) for this year. Then there is horizontal and vertical spillover.
Those depend on how much ROW is using. See posts from YTeleven earlier. He seems to think that EB2I / EB3I will get a huge chunk this year as both EB2/EB3 ROW are current. It all depends on the admin and the speed at which they anticipate and move.

[gcpursuit]

Thanks but I dont think its approval . When we called uscis, the L1 officer told the case status was still in progress.
Hopefully nothing to worry about. will wait and see.

So after a bit of drama with my lawyer not updating the G-28 when they moved a few years back, we finally got our approval and the Green card was delivered to us. It was a nail biting last stretch for us.

This forum has helped me immensely in preserving my sanity for the past several years. Special Thanks to Spec, Q and so many others.

I am very happy to see a lot of people being able to file their I-485 with the expected spillover. Hang in there.

Good luck to everyone ! I will still keep lurking here from time to time :)

[seepz123]

Hello Gurus, I need some advice regarding a job move that I am having to make. My priority date is in March 2010, and I have been on a H1-B (since 2005), and I am planning to take up a new job now as my employment with the current employer (whom I have been with since 2008) is a bit shaky due to external uncertainties. As I plan to make use of my EAD for the new employment, are there any documents that I need to submit to USCIS while making this move?

Bump. I apologize in advance if this has been addressed before, but wasnt able find a clear answer and hoping someone with experience might be able to answer.

[Kanmani]

Thank you all for your kind words.
Congratulations imdeng and gcpursuit.
@Pundit Arjun @Suninphx @Mesan @all old timers waiting - Hope to see you all getting greened very soon.
I am surprised - Green card is Green in color guys - I was told that it is pink.
Another relief for me would be secondary inspection (SI) free travel. For years we were choosing Abu Dhabi transit to avoid hours of wait in SI.
During one of our travel, the officer at SI showed me a spice rack filled with different grains, dried curry leaf, chick peas etc. and asked me whether I have anything similar in my baggage. I definitely had few items in my suitcase and I had no choice because, he advised me no fine if I come out and $500 fine per item if they find out. I was asked to identify which item is packed where - Officer turned his screen towards me and there were scanned image of all my suitcases. I was not sure - so Open and Inspect sticker placed on all my suitcases.
Long story short, from that day onwards all our suitcases had to undergo primary inspection at home and I was not allowed in the packing area.

[ashde1]

Congratulations to all who got green...below is some interesting analysis I found...

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

November bulletin will come out this week (by Friday), that will give us more data into how things are going to shake up.

[inspired_p]

Congratulations to all who got green...below is some interesting analysis I found...

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

It would be worthwhile to compare the EB3 FAD analysis alongside this one.
With no spillover and USCIS not wasting any numbers and EB2- to EB3 downgrade to 50000, EB2-I is expected to move to Q1 of 2012 according to this analysis.
What date would be current for EB3-I with the same assumptions ? How does that get calculated?

[texas_]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

Contact good attorney It looks Murthy is slow right now In creating forms for you. I believe they are awaiting November visa Bulletin and file all their AOS cases end of the month

Sooner the better

[cool_dude]

It would be worthwhile to compare the EB3 FAD analysis alongside this one.
With no spillover and USCIS not wasting any numbers and EB2- to EB3 downgrade to 50000, EB2-I is expected to move to Q1 of 2012 according to this analysis.
What date would be current for EB3-I with the same assumptions ? How does that get calculated?

I would downgrade and get the EAD.With these new H1 wage rule renewal might be difficult.

[sudiva]

Congratulations to all who got green...below is some interesting analysis I found...

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

EB1 getting most of the FB SO numbers does not seem correct way of analysis to me. I will wait for the gurus to comment on this analysis.

[inspired_p]

I would downgrade and get the EAD.With these new H1 wage rule renewal might be difficult.

Yes, downgrading if priority date is beyond May 2011 makes perfect sense.
Just curious how the FAD movement compares between EB2-I and EB3-I considering one specific set of assumptions for both calculations. That will drive downgrade decisions for people who are eligible to apply I-485 in EB2-I

For me personally I have an option to apply I-140 in either EB2-I and EB3-I ( fresh petition)and I have chosen EB3-I based on a hunch that EB3-I FAD will stay ahead of EB2-I for the next couple years atleast.

[ashde1]

EB1 getting most of the FB SO numbers does not seem correct way of analysis to me. I will wait for the gurus to comment on this analysis.

Every analysis I've seen so far doesn't seem to account for one constant - "Processing capacity." Even with available visas, you need processing capacity to be stable, and with COVID and Administration overheads, this can be a significant factor in utilization.

[rabp77]

Thank you for this information. I think this can be extrapolated to understand that medicals can be sent in anytime during I-485 is pending and we don't have to wait for an RFE for the same.
Is that correct ?

If you dont submit a medical, USCIS normally sends a pink letter explaining that the medicals can be submitted during interview, or when you get an RFE. One point i noted from this note is that, it explicitly said that you should not mail the medicals unless there is an RFE, and that doing so may delay the case. i dont know what kind of delay they were talking about, but they were pretty clear its not recommended.

So in summary: You can. But from a note i got, sending it without RFE is discouraged by USCIS.

So in case you want to play it safe, you could include the medicals with the form. If the cases are ready to be approved within a year, there is a chance it will prevent an RFE (which can introduce a slight delay). Of late there were a few cases that were approved without interview on trackitt. So in case you are so lucky, submitting medicals now could avoid a delay.

Good Luck.

[EB22010Dec]

Congratulations Kanmani. we rejoice in your freedom. You are famous in this forum.


Can the knowledgeable folk comment on this - https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

[sanjeevchhibber]

I have EB2I with priority date of 10th August 2011, my perm. was filed when I was Analyst now I am Director in the same dept.. (natural progression), my employer is ready to downgrade, I ma keeping all my documents ready now my dilemma is choose which option

Option 1) Monitor November visa bulletin, if EB2I filing date moves by 3 months & reach my date then just file I485 and in the future if the final action dates for EB3 reach August 2011 before EB2 then at that time do a downgrade to EB3/I485

Option 2) Should I downgrade to EB3 now and file I140/485 together and assume that EB3 will give GC faster since I140 Inventory in EB3 in 2010/2011 is very low

My lawyer is saying there is some risk in my case because My Title is Changed not sure why this matter because job duties are same, will that risk be more with EB2 or With downgrading to EB3 not sure ?

friends I am new on this site, Any suggestion/advice appreciated

If anyone has some suggestion please help

[JoinedToAsk]

Experts,

My priority date is Nov 2010 EB2I. I am hearing mixed messages from friends and several lawyers that I should continue to file in EB2I. I thought of posting here what I have gathered so far. I'd appreciate honest guidance.

Reasons for staying with EB2I in Oct/Nov 2020:

1. Let's assume that I have filed in EB2I in Oct/Nov 2020, and EB3I FAD becomes current in, say, Jan 2021. Now, if I downgrade to EB3I in Jan 2021, USCIS will not pick my EB3I in Jan 2021 although EB3I is current because I will not have an approved I-140. In other words, I'd be downgrading the month in which EB3I FAD becomes current. So, USCIS will first process those EB3I applications that will have an approved I-140 rather than mine. As a result, my application might be delayed by several months from Jan 2021.

2. I-140 in EB3I can be upgraded to premium no less than 60 days after filing downgrade application. Even then, it's at the discretion of USCIS to convert I-140 from regular processing to premium processing. So, if USCIS processes my application in regular processing (i.e. premium processing is denied), there could be a waiting period of 5-6 months for I-140 approval. Moreover, in this time, EB2I FAD might cross Nov 2010. So, I am better off staying in EB2I.

3. EB2I will get more spillover because EB1 > EB2 > EB3 in terms of priority. So, EB2I will progress faster than EB3I.

4. Sometimes downgrade/interfiling applications get lost without any updates from USCIS for several months. People go to congressmen/women for status updates, and still nothing happens. So, stay with EB2I.


Reasons for downgrading from EB2I to EB3I in Oct/Nov 2020:

1. I-140 data shows less inventory for EB3I than for EB2I in 2009/10, which implies relatively faster movement for EB3I than EB2I for Nov 2010 PD.

2. After downgrading and with approved I140 in EB3I, I will have an option to file through EB2I or EB3I. I will thus be covered either way.

3. For spillover, the priority of EB1 > EB2 > EB3 isn't right. FB spillovers are allocated equally to EB2 and EB3. This point is counter to #3 in EB2I section above.

4. After downgrading to EB3I, if EB2I moves faster than EB2I, I may not be able to upgrade to EB2I since USCIS may restrict such movement in future to make EB2I faster than EB3I.

I have gathered above data after throwing several hundred dollars on consultation. I'm very frustrated because I feel that I am getting incorrect or partially correct information. I'd appreciate if someone can give me an honest advice.


Sorry for bumping this thread. Can experts please guide me with my post below? I'd appreciate any thoughts.

[smuggymba]

Bump. I apologize in advance if this has been addressed before, but wasnt able find a clear answer and hoping someone with experience might be able to answer.

I also have a EB2 PD of March 2010. I got EAD in 2012. Changed jobs in 2014 using EAD and did NOT file anything i.e. AC21 since it's optional. My idea was I'm not a GC for the next 10 yrs so I might end up changing job couple more time.

so, no need to submit or submit if you want. When our PD is near we have to submit it again anyway IMO.

[seepz123]

I also have a EB2 PD of March 2010. I got EAD in 2012. Changed jobs in 2014 using EAD and did NOT file anything i.e. AC21 since it's optional. My idea was I'm not a GC for the next 10 yrs so I might end up changing job couple more time.

so, no need to submit or submit if you want. When our PD is near we have to submit it again anyway IMO.

Thank you smuggy for sharing your experience. This is much appreciated

[inspired_p]

If you dont submit a medical, USCIS normally sends a pink letter explaining that the medicals can be submitted during interview, or when you get an RFE. One point i noted from this note is that, it explicitly said that you should not mail the medicals unless there is an RFE, and that doing so may delay the case. i dont know what kind of delay they were talking about, but they were pretty clear its not recommended.

So in summary: You can. But from a note i got, sending it without RFE is discouraged by USCIS.

So in case you want to play it safe, you could include the medicals with the form. If the cases are ready to be approved within a year, there is a chance it will prevent an RFE (which can introduce a slight delay). Of late there were a few cases that were approved without interview on trackitt. So in case you are so lucky, submitting medicals now could avoid a delay.

Good Luck.

Thank you,lawyers are not yet ready to apply for me and I don't foresee my application being sent out this week, I will keep an eye out for the Nov 2020 bulletin and if that gives an indication of FAD progressing rapidly enough I can reevaluate.

[vsivarama]

Let's bring back the thread to original number crunching. Based on the numbers from the thread below, I came up with some predictions (for fun). I welcome experts to review and let me know the faults in my logic.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

I made a few assumptions for my predictions.
i) USCIS will utilize every single visa number (What am I even smoking, right? LOL!)
ii) The entire spillover of 34k will be applied to EB-I 2&3 because of not enough demand in EB-ROW. No vertical spillover.
iii) I have the combined column of EB2 and Eb3 in the link. I broke it down to individual categories in EB2 and EB3 based on 4:1 allocation.
iv) For years 2009 and 2010, I factored in 20% downgrade. For year 2011 a 30% cases downgrade and 2012, 2013 and 2014 a 40% downgrade.

Below are the numbers I get.

2009 2010 2011 2012 2013 2014
Eb2/Eb3 13348 30626 44572 44622 42880 51268
EB2 10678 24501 35658 35698 34304 41014
EB3 2670 6125 8914 8924 8576 10254

EB2(Adjusted) 8542.4 19600.8 24960.6 21418.8 20582.4 24608.4
EB3(Adjusted) 4805.6 11025.2 19611.4 23203.2 22297.6 26659.6

Based on this I see EB2 reaching April 2011 by end of this FY and EB3 reaching Dec 2011 by end of this FY.

Let the bashing begin!!

[Turbulent_Dragonfly]

I am most interested in knowing what will happen by January for EB2I. That will set the tone for the rest of the year. Hoping that they will move FADs by 2-3 months until at least the January bulletin. Saying this especially for folks in 2009 until April 2010 who already filed AOS years back. Will be awesome if the queue is cleared of all the past AOS filers.

[longwaitgigu]

Let's bring back the thread to original number crunching. Based on the numbers from the thread below, I came up with some predictions (for fun). I welcome experts to review and let me know the faults in my logic.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

I made a few assumptions for my predictions.
i) USCIS will utilize every single visa number (What am I even smoking, right? LOL!)
ii) The entire spillover of 34k will be applied to EB-I 2&3 because of not enough demand in EB-ROW. No vertical spillover.
iii) I have the combined column of EB2 and Eb3 in the link. I broke it down to individual categories in EB2 and EB3 based on 4:1 allocation.
iv) For years 2009 and 2010, I factored in 20% downgrade. For year 2011 a 30% cases downgrade and 2012, 2013 and 2014 a 40% downgrade.

Below are the numbers I get.

2009 2010 2011 2012 2013 2014
Eb2/Eb3 13348 30626 44572 44622 42880 51268
EB2 10678 24501 35658 35698 34304 41014
EB3 2670 6125 8914 8924 8576 10254

EB2(Adjusted) 8542.4 19600.8 24960.6 21418.8 20582.4 24608.4
EB3(Adjusted) 4805.6 11025.2 19611.4 23203.2 22297.6 26659.6

Based on this I see EB2 reaching April 2011 by end of this FY and EB3 reaching Dec 2011 by end of this FY.

Let the bashing begin!!
Have u calculated dependents?

[idliman]

I also have a EB2 PD of March 2010. I got EAD in 2012. Changed jobs in 2014 using EAD and did NOT file anything i.e. AC21 since it's optional. My idea was I'm not a GC for the next 10 yrs so I might end up changing job couple more time.

so, no need to submit or submit if you want. When our PD is near we have to submit it again anyway IMO.
smuggymba, I think it is better for you if you proactively submit I485-J. This will force an RFE for medicals and G-325A when the I485J is approved in 3 months. The medicals are valid for 2 years. So by the time, you respond to medical RFE, it will be 4 to 6 months from now and you will be current.

Or you can stay put and wait for the RFE when dates are current.

[vsivarama]

@longwaitgigu - yes dependants are included.

[longwaitgigu]

@longwaitgigu - yes dependants are included.
Which dependent calculator u used
Uscis dependent calculator is
Eb2- 2.0 and eb3-2.1
Coz my number is around 44000 till December 2010 for both eb2 and eb3

[vsivarama]

Which dependent calculator u used
Uscis dependent calculator is
Eb2- 2.0 and eb3-2.1
Coz my number is around 44000 till December 2010 for both eb2 and eb3

If you add up my EB2 & EB3 for 2009 and 2010 you get ~44000.

[tomhagen]

If you add up my EB2 & EB3 for 2009 and 2010 you get ~44000.

I would say your calculations are on par and my basic calculations indicate FAD will reach DF if USCIS utilizes all the visa's. Basis for that is below.

[Sudhedup1]

Hello, need help on my case.

I filed my 485 recently for me and my wife on my own. Instead of sending one package with 2 applications, i sent 2 packages separately for 2 applications. Does it cause uscis reject my wife 485 application? Any help on this is greatly appreciated.

[rabp77]

Hello, need help on my case.

I filed my 485 recently for me and my wife on my own. Instead of sending one package with 2 applications, i sent 2 packages separately for 2 applications. Does it cause uscis reject my wife 485 application? Any help on this is greatly appreciated.

USCIS needs to process the principal applicant before processing the derivative applicants if they are mailed separately. If your wife is a derivative applicant, then her application will be rejected if its processed before the principal applicants i-485. You may be able to resend the same application (if nothing has changed), once you get a receipt for your i-485. I would not be worried too much, as long as she has another way to maintain lawful status (such as H4, her own H1b, L1/L2, or F1/F2 etc). Good luck.

[Sudhedup1]

Thank you. Hope they can match to primary.

[harpreetbhatti]

Hello All,

Need your thoughts on my current dilemma. My EB2-I priority date is current for final action as of Oct 1st. I responded to an RFE for medicals & Sup J in November, 2018. My sup J was approved in Feb 2020, my medicals expire mid-November, 2020. I changed my job in August, 2019 and haven't ported my application to current employer. I am currently engaging with an external Fragomen attorney who had once helped me through one of my previous employers just to cover my basis if I get an RFE before approval comes through, as my current employer is suggesting to go with my own attorney as company attorney didn't initiate my AOS application and they will support an provide all paperwork. This attorney is advising me to file for Sup J rather than waiting for an RFE.

I was thinking what if my AOS application is approved while my Sup J application is in mail to USCIS. Positive could be it might get officers attention and quick action on my pending I-485. Any thoughts. As usual, your suggestions are highly appreciated.

thanks,
H

[newyorker123]

Read somewhere that new PERM cannot be started/processed if offices are closed, as notices need to be placed, and employees need to be able to see the notices.
Is this true ?

[idliman]

Hello All,

Need your thoughts on my current dilemma. My EB2-I priority date is current for final action as of Oct 1st. I responded to an RFE for medicals & Sup J in November, 2018. My sup J was approved in Feb 2020, my medicals expire mid-November, 2020. I changed my job in August, 2019 and haven't ported my application to current employer. I am currently engaging with an external Fragomen attorney who had once helped me through one of my previous employers just to cover my basis if I get an RFE before approval comes through, as my current employer is suggesting to go with my own attorney as company attorney didn't initiate my AOS application and they will support an provide all paperwork. This attorney is advising me to file for Sup J rather than waiting for an RFE.

I was thinking what if my AOS application is approved while my Sup J application is in mail to USCIS. Positive could be it might get officers attention and quick action on my pending I-485. Any thoughts. As usual, your suggestions are highly appreciated.

thanks,
H
From my personal experience, the approval time for I485J was 2 to 3 months (before COVID). Normally all attorneys will wait for Supp J RFE, however your PD is current and your medical is about to expire. If I am in your situation, I might wait till the medical is expired (another month or so) and then you can go with new SuppJ. There is a *chance* that your application might be approved as it is. USCIS is not going to approve an application with expired medicals. You might ask your employer attorney what are the chances of application getting approved without a RFE. Explain what you are thinking and make a quick phone call. You can decide based on attorney opinion.

Don't worry a lot about RFE. Consider it as a progress in your case. Once an REF response is received, the GC approval comes quickly. You have waited so long. So another month or two (even though it is inconvenient) is no problemo. Nothing can go wrong in your case as you have attorneys supporting you. Cool down and Relax. Good Luck.

[idliman]

Read somewhere that new PERM cannot be started/processed if offices are closed, as notices need to be placed, and employees need to be able to see the notices.
Is this true ?
There was a clarification from DOL that notices can be placed on the door. See below.


Brandt Carter from the DOL Atlanta National Processing Center had clarified that – Posting Notice for PERM – If a business is all remote because of COVID, it’s okay to post notice on exterior door. This was posted in “Greg Siskind’s” twitter feed on 23JUL2020.
Please see:
https://twitter.com/gsiskind/status/1286363602178498561

[letmesee]

Let's bring back the thread to original number crunching. Based on the numbers from the thread below, I came up with some predictions (for fun). I welcome experts to review and let me know the faults in my logic.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

I made a few assumptions for my predictions.
i) USCIS will utilize every single visa number (What am I even smoking, right? LOL!)
ii) The entire spillover of 34k will be applied to EB-I 2&3 because of not enough demand in EB-ROW. No vertical spillover.
iii) I have the combined column of EB2 and Eb3 in the link. I broke it down to individual categories in EB2 and EB3 based on 4:1 allocation.
iv) For years 2009 and 2010, I factored in 20% downgrade. For year 2011 a 30% cases downgrade and 2012, 2013 and 2014 a 40% downgrade.

Below are the numbers I get.

2009 2010 2011 2012 2013 2014
Eb2/Eb3 13348 30626 44572 44622 42880 51268
EB2 10678 24501 35658 35698 34304 41014
EB3 2670 6125 8914 8924 8576 10254

EB2(Adjusted) 8542.4 19600.8 24960.6 21418.8 20582.4 24608.4
EB3(Adjusted) 4805.6 11025.2 19611.4 23203.2 22297.6 26659.6

Based on this I see EB2 reaching April 2011 by end of this FY and EB3 reaching Dec 2011 by end of this FY.

Let the bashing begin!!

Looks very reasonable assumptions to me. I like how you used 20,30,40% downgrades to be realisitic. My downgrade assumptions are more like 20,40,80 since any date out of FD in current bulletin for EB2 would wanna start this process asap given the h1b wage level adjustment mess. the only thing that will limit downgrades is misinformation or lawyers processing capacity -- but once this month passes, lawyers will have free time on their hands to work on downgrades and i do not expect dates to change in Nov bulletin

[Turbulent_Dragonfly]

Looks very reasonable assumptions to me. I like how you used 20,30,40% downgrades to be realisitic. My downgrade assumptions are more like 20,40,80 since any date out of FD in current bulletin for EB2 would wanna start this process asap given the h1b wage level adjustment mess. the only thing that will limit downgrades is misinformation or lawyers processing capacity -- but once this month passes, lawyers will have free time on their hands to work on downgrades and i do not expect dates to change in Nov bulletin

The H1B wage shift is going to be temporary until the lawsuits are filed. This was just election time posturing for a sound bite saying see how we are protecting American jobs. When the lawsuit is filed and the changes are rolled back, there will be nary a peep about that.

[Zenzone]

The H1B wage shift is going to be temporary until the lawsuits are filed. This was just election time posturing for a sound bite saying see how we are protecting American jobs. When the lawsuit is filed and the changes are rolled back, there will be nary a peep about that.

+1. Very less likely it survives an imminent legal challenge, followed by a change of administration (potentially!). Odds are stacked against it from even going into effect to begin with even for a short window (given the target implementation date is 60 days).

[inspired_p]

+1. Very less likely it survives an imminent legal challenge, followed by a change of administration (potentially!). Odds are stacked against it from even going into effect to begin with even for a short window (given the target implementation date is 60 days).

Wage determination went into effect on October 8th. The 60 day window is for the H1-B speciality occupation rule which is a seperate rule.

Anyone who files LCA/PERM or has a pending LCA/PERM on or after 8th october 2020 will need to be paid according to the new wage determination. It's a raise for everyone on H1-B :)

[Zenzone]

Wage determination went into effect on October 8th. The 60 day window is for the H1-B speciality occupation rule which is a seperate rule.

Anyone who files LCA/PERM or has a pending LCA/PERM on or after 8th october 2020 will need to be paid according to the new wage determination. It's a raise for everyone on H1-B :)

Yes. I meant the specialty occupation rue when I said 60 days and thanks for the clarification.

ha! Needless to say that lots of ppl. will be bumped down in these new wage levels. For example, old L4 wage will now probably likely could be new L3 when you are up for next extension. In that case, its probably going to be okay still as long as the role itself is experienced and requires special/specific skills and education specific to it. However, if the increase in levels is too dramatic that an old L3 will now only qualify as a new L1, it might get tricky. One an still make the case that the new L1 is still around the median as such. So I think only time will tell how USCIS adjudicates using these new elevated levels.

There are also professions where wages are negotiated by union contracts. For example, tenured school teachers are paid that way. It will be interesting to see how those situations are approached. I personally have such friends who haven't had any RFE or rejection issues in the past (including the current DT admin.) as they were making the highest wages negotiated by their unions and everyone in the peer group in their school district made the same wage. What if those guys qualify only under the new L2 wage level for example.

[vsivarama]

Looks very reasonable assumptions to me. I like how you used 20,30,40% downgrades to be realisitic. My downgrade assumptions are more like 20,40,80 since any date out of FD in current bulletin for EB2 would wanna start this process asap given the h1b wage level adjustment mess. the only thing that will limit downgrades is misinformation or lawyers processing capacity -- but once this month passes, lawyers will have free time on their hands to work on downgrades and i do not expect dates to change in Nov bulletin

My assumptions for 20% in 2009 and 2010 are obvious. The dates are current in EB2 till May 15th, so I figured I will up the number by 10% and another 10% for subsequent years. The reason I use 40% for 2012 and onwards, is because not everyone who can downgrade will downgrade.

i) They may not have employer support,
ii) The dates may not be current by the time their company attorney's get to it.
iii) I have known people who backed out because of the ability to pay clause where they were not offered the prevailing wages.
iv) May be unable to file because of employer change and PERM pending.
v) Most important of all, if USCIS extrapolates the trend to be around 40-50% people downgrading this month they will likely NOT allow the filing dates to remain current past this month. The purpose of FD is to estimate and allow cases to be filed which may be current by end of the FY 21. To provide AOS to backlogged folks is not it's goal.

[gcconnect]

I expect downgrades from 2012 onwards will reach 80% in couple of months. People could not file this month will be motivated by the coming visa bulletins.

[Turbulent_Dragonfly]

What are you all thinking regarding release date of Nov Bulletin, this Fri or next?

[inspired_p]

What are you all thinking regarding release date of Nov Bulletin, this Fri or next?

I am guessing next week

[inspired_p]

v) Most important of all, if USCIS extrapolates the trend to be around 40-50% people downgrading this month they will likely NOT allow the filing dates to remain current past this month. The purpose of FD is to estimate and allow cases to be filed which may be current by end of the FY 21. To provide AOS to backlogged folks is not it's goal.

I am also thinking Filing dates will not be allowed by USCIS for the whole year. They will be open only for the next 2-3 months to get the applications in. After January they will rather move FADs based on the demand and processing bandwidth

[longwaitgigu]

I am going by i140 approved
Which in year-2010-
Eb2- 15,313x2
Using dependent calculator- 30,626
Eb3-6682x2.1
Using dependent calculator-14,032.2
That is giving me 44,658.2
Thats just for 2010
Correct me if I am wrong

[Kanmani]

From my personal experience, the approval time for I485J was 2 to 3 months (before COVID). Normally all attorneys will wait for Supp J RFE, however your PD is current and your medical is about to expire. If I am in your situation, I might wait till the medical is expired (another month or so) and then you can go with new SuppJ. There is a *chance* that your application might be approved as it is. USCIS is not going to approve an application with expired medicals. You might ask your employer attorney what are the chances of application getting approved without a RFE. Explain what you are thinking and make a quick phone call. You can decide based on attorney opinion.

Don't worry a lot about RFE. Consider it as a progress in your case. Once an REF response is received, the GC approval comes quickly. You have waited so long. So another month or two (even though it is inconvenient) is no problemo. Nothing can go wrong in your case as you have attorneys supporting you. Cool down and Relax. Good Luck.

I agree with idliman, as it is highly likely that they will look for new medicals. If there is going to be an RFE before approvals, let them shoot it for both J and medicals or if it is going to be a straight approval, let them do it without J or medicals. Anyways it takes weeks to receive RFE hard copy and weeks to re-activate our case after we respond back.

[usvisas]

Hello Everyone - My PD is May 2010. EB3 approved 1st and then EB2 in 2017. Both with same employer. Does anyone think of any possible reason that EB2 may get me the GC before EB3? (Meaning is there any reason I must file in EB2?)

[inspired_p]

Hello Everyone - My PD is May 2010. EB3 approved 1st and then EB2 in 2017. Both with same employer. Does anyone think of any possible reason that EB2 may get me the GC before EB3? (Meaning is there any reason I must file in EB2?)

I would suggest filing using EB3 petition based on what my 'hunch' is. FAD for EB3 will stay 3-4 month ahead of EB2 and that will give you 3-4 months more where your case might get picked and approved.
Worst case scenario is that you don't see any benefit between EB3 vs EB2. There will be no harm done.

[idliman]

Hello Everyone - My PD is May 2010. EB3 approved 1st and then EB2 in 2017. Both with same employer. Does anyone think of any possible reason that EB2 may get me the GC before EB3? (Meaning is there any reason I must file in EB2?)
I am assuming that you have not filed for AOS so far. EB2I is 01SEP09. Assuming that aggressive movement means 2 or 3 months per bulletin, the FA dates movement will be along the following lines for EB2I.
Nov Bulletin - 01NOV09 (average) ; 01DEC09 (optimistic)
Dec Bulletin - 01JAN10 (average) ; 01MAR10 (optimistic)
Jan Bulletin - 01MAR10 (average) ; 01JUN10 (optimistic)

For EB3I, the PD is already at 15JAN10. Movement will be at a minimum of 3 months per bulletin. So you will be current in EB3I first. So you should go with EB3I.

I keep repeating this again and again. So one more time: One of the main benefits of filing I-485 is the 180 day AC21 clock from the date of filing. After 180 days, you essentially become a "free agent" and the law protects you from out of status type situation. You can take up any job in "same or similar" category.

From the above analysis, the benefits of going with EB3I are obvious for your case. Send your application ASAP. For people who had applied for GC, the first goal should always be the 180 day clock. If GC comes before that then it is an added bonus. Opting for EB3I will give you GC at least 3 months earlier than EB2I.

With your PD, don't worry about retrogression. You have very low chances of getting affected either with EB3I or EB2I.

[harpreetbhatti]

I agree with idliman, as it is highly likely that they will look for new medicals. If there is going to be an RFE before approvals, let them shoot it for both J and medicals or if it is going to be a straight approval, let them do it without J or medicals. Anyways it takes weeks to receive RFE hard copy and weeks to re-activate our case after we respond back.

Could there be any impact in the future after my AOS has been approved for not filing Supp J or reporting employment change for my current employer/employment when AOS was approved?

thanks!

[android09]

I am assuming that you have not filed for AOS so far. EB2I is 01SEP09. Assuming that aggressive movement means 2 or 3 months per bulletin, the FA dates movement will be along the following lines for EB2I.
Nov Bulletin - 01NOV09 (average) ; 01DEC09 (optimistic)
Dec Bulletin - 01JAN10 (average) ; 01MAR10 (optimistic)
Jan Bulletin - 01MAR10 (average) ; 01JUN10 (optimistic)

For EB3I, the PD is already at 15JAN10. Movement will be at a minimum of 3 months per bulletin. So you will be current in EB3I first. So you should go with EB3I.

I keep repeating this again and again. So one more time: One of the main benefits of filing I-485 is the 180 day AC21 clock from the date of filing. After 180 days, you essentially become a "free agent" and the law protects you from out of status type situation. You can take up any job in "same or similar" category.

From the above analysis, the benefits of going with EB3I are obvious for your case. Send your application ASAP. For people who had applied for GC, the first goal should always be the 180 day clock. If GC comes before that then it is an added bonus. Opting for EB3I will give you GC at least 3 months earlier than EB2I.

With your PD, don't worry about retrogression. You have very low chances of getting affected either with EB3I or EB2I.

Idliman, do you anticipate movement for any early 2011 cases in this fiscal ? I know its akin to reading tea leaves but just curious on what the thoughts are if DoS thinks cases until May 2011 can be processed in the 2021 fiscal and USCIS accepting Filing Dates.

[Turbulent_Dragonfly]

Hello Everyone - My PD is May 2010. EB3 approved 1st and then EB2 in 2017. Both with same employer. Does anyone think of any possible reason that EB2 may get me the GC before EB3? (Meaning is there any reason I must file in EB2?)

Since I am also May 2010, I had posed the question to my attorney, but I don't have EB3, just EB2 with the same employer who I have been with for 12+ years. She told me to stick to EB2 since I am not 'trapped' or anything with my employer and there is no pressing need for the EAD/AP as I still have my H1 active through next June.

I am still thinking regarding H1 renewal for which I will be eligible to do in January. Maybe by then the wage issues will be more crystallized to take a decision.

[idliman]

Idliman, do you anticipate movement for any early 2011 cases in this fiscal ? I know its akin to reading tea leaves but just curious on what the thoughts are if DoS thinks cases until May 2011 can be processed in the 2021 fiscal and USCIS accepting Filing Dates.
Boss, I am a fellow back-logger who' filed AOS in 2012; So no magic here; We just try to analyze based on available facts and logic. Time and time again, we have been disappointed by the VB movement.

USCIS sets the "DF" in October bulletin based on their internal calculation of where the dates will be at the start of the next year. The "DF" for EB2I is at 15MAY11. What we have seen is that we never reached the "DF" dates in the last so many years (because they had a good inventory from 2012). This year is different; You have a blockbuster SO. Honestly, the only bother for your PD is the processing capacity of USCIS. That depends on the will of the administration. The processing capacity can be increased by getting rid of interview requirement, waiver of new medical, waiving I485J, and so on. They can get back to how it was before 2015 or so.

How many GCs that USCIS processes, depends on the outcome of the US elections. If Joe Biden wins, all immigration guidelines will be relaxed at USCIS. If DT wins, then things will move at the same speed or slower. Unfortunately a lot of GCs will be wasted in that scenario. We can only predict the future from the past.

The movement in the next 3 bulletins should set the tone for the year.

[rabp77]

One strange thing is that there is not a single EB3/E2 approval for priority dates that got current in the october bulletin based cases on trackitt. Hoping we start seing approvals soon. Does anyone know how long its take to get approved for pre-adjudicated cases once the date becomes current ?

[cool_dude]

I am hearing that USCIS is rejecting downgrade applications without origin PERM?

[Turbulent_Dragonfly]

I am hearing that USCIS is rejecting downgrade applications without origin PERM?

I honestly can't tell if this is just scare mongering or actually happening. Unless someone like Siskind or Immigrationgirl actually confirms that, it will be second hand info I guess.

[inspired_p]

Since I am also May 2010, I had posed the question to my attorney, but I don't have EB3, just EB2 with the same employer who I have been with for 12+ years. She told me to stick to EB2 since I am not 'trapped' or anything with my employer and there is no pressing need for the EAD/AP as I still have my H1 active through next June.

I am still thinking regarding H1 renewal for which I will be eligible to do in January. Maybe by then the wage issues will be more crystallized to take a decision.

Yes.I too have similar apprehension for the next H1-B extensions, but I think moving to EAD ( staying with the same employer) is always an option if staying on H1-B becomes impossible

[mknop1]

Hi everyone my priority date is June 2010 in EB3 category. I filed my I485 today. Based on the current situation can someone please give me high-level timelines? What are the key milestones from now on and when should I expect to have them processed? For example receipt notice in 2 to 3 weeks, next steps after that such as biometrics and then finally gc. I know this is all guesstimate but it would be really nice to have some idea about expected timelines. I have been in US for almost 20 years so I would really appreciate your insights on this long awaited opportunity for me and many others like me.

[JoinedToAsk]

I am hearing that USCIS is rejecting downgrade applications without origin PERM?

I asked this thing to 8 outside attorneys and my employer's attorney. It was a nightmare to get attorneys on the call, given they are working 24X7. They told me that one or two occurrences have happened, but the reasons were probably isolated to respective case. They shouldn't be thought of as the norm. My employer (blue chip firm) is filing ~5000 downgrade cases, and my attorney quoted "don't believe everything you read on the Internet." Here's one such example of fake news: https://www.am22tech.com/eb3-india-beats-eb2-in-uscis-gc-priority-race/.

My priority date is Nov 2010, and I am filing EB2->EB3 downgrade. The processing queue can be changed to premium after USCIS receipt.

[rabp77]

Hi everyone my priority date is June 2010 in EB3 category. I filed my I485 today. Based on the current situation can someone please give me high-level timelines? What are the key milestones from now on and when should I expect to have them processed? For example receipt notice in 2 to 3 weeks, next steps after that such as biometrics and then finally gc. I know this is all guesstimate but it would be really nice to have some idea about expected timelines. I have been in US for almost 20 years so I would really appreciate your insights on this long awaited opportunity for me and many others like me.

Please check https://citizenpath.com/form-i-485-processing-time/

Most of that is accurate, except the final step (receiving GC), which is accurate for most other non-backlogged countries. For india, the time for the last step tends to be more unpredictable. Hoping thats not the case this time. Good luck.

[sportsfan33]

Kanmani,

Nice to see you here! Congratulations on getting greened :) Long time standing!

Cheers

[radheys]

I am hearing that USCIS is rejecting downgrade applications without origin PERM?

USCIS rejecting downgrade applications without original PERM is total BS......i think some ROW folks are trying to spread this misinformation on trackit to discourage EB2 folks.......

[cool_dude]

USCIS rejecting downgrade applications without original PERM is total BS......i think some ROW folks are trying to spread this misinformation on trackit to discourage EB2 folks.......

Thats what i was thinking.Since my lawyer has not said anything and i work for fortune 100 and its big law firm.

[raradhya]

When is it safe to change employer after filing I-485 (AOS) application. with Covid sitution i am thinking of finding a safe and better place to work.
is it 6 months or immediately after getting EAD and/or AP
what will happen if there are layoffs while the application is still pending with less then 6 months from filing.

[raradhya]

we have 2 separate Alien numbers, one for me (in I-140 approval as well as H1b extension approval) and a different one for my wife (in H4 approval and EAD card)
while doing the medicals i am required to provide alien number of the form. which one to provide for my wife's application?

[nbk1976]

When is it safe to change employer after filing I-485 (AOS) application. with Covid sitution i am thinking of finding a safe and better place to work.
is it 6 months or immediately after getting EAD and/or AP
what will happen if there are layoffs while the application is still pending with less then 6 months from filing.

If the I-485 is pending for 180 days, you can under the AC21 Act move to another employer and do similar work without the new employer filing another I-140. If you want to move before the 180 days, the new employer must file a fresh I-140.

If you are laid off before 180 days, it won't affect your AOS as long as the employer does not notify the USCIS by revoking the I-140. Most employers will revoke it if they are laying you off unless they plan to rehire you when your case becomes current and ready to be adjudicated.

Now, if the employer revokes the I-140 only after180 days, but you were indeed terminated before the 180 days, that is (at least for me) a gray area. If you are able to find another similar job, you might be OK, but that is something you need to ask a good lawyer.

[Turbulent_Dragonfly]

we have 2 separate Alien numbers, one for me (in I-140 approval as well as H1b extension approval) and a different one for my wife (in H4 approval and EAD card)
while doing the medicals i am required to provide alien number of the form. which one to provide for my wife's application?

She of course needs to provide her A number since it's her medical form.

[bones20]

According to Fragomen:
1. Your alien number is the one in i140/i797A
2. dependent wife on h4 does not have alien number. the one on her h4 ead should not be mentioned.

[skpanda]

She of course needs to provide her A number since it's her medical form.

My doc did not put A# in the I693 form. Does it matter?

[raradhya]

She of course needs to provide her A number since it's her medical form.

Thank you. My spouse has an Alien number from her I-140 approval. but now she is on H4 with EAD. in both cases she has the same Alien number. how ever she is not he primary applicant for filing AOS now. so i am not sure which Ailen number to use. because some of my friends do not have a Alien number assigned to their spouse they all use the primary applicant's number.

my PD is DEC 2010 if that matters.

[inspired_p]

we have 2 separate Alien numbers, one for me (in I-140 approval as well as H1b extension approval) and a different one for my wife (in H4 approval and EAD card)
while doing the medicals i am required to provide alien number of the form. which one to provide for my wife's application?

This is what my lawyer told me. H4-EAD Alien # is a temporary number and they will not use it in the applications. My wife had a A# based on her own I-140 approval , and that A# is permanent and hence she can use it. If spouse(dependent) has never filed I-140 then Alien # is supposed to be kept blank .

[raradhya]

If the I-485 is pending for 180 days, you can under the AC21 Act move to another employer and do similar work without the new employer filing another I-140. If you want to move before the 180 days, the new employer must file a fresh I-140.

If you are laid off before 180 days, it won't affect your AOS as long as the employer does not notify the USCIS by revoking the I-140. Most employers will revoke it if they are laying you off unless they plan to rehire you when your case becomes current and ready to be adjudicated.

Now, if the employer revokes the I-140 only after180 days, but you were indeed terminated before the 180 days, that is (at least for me) a gray area. If you are able to find another similar job, you might be OK, but that is something you need to ask a good lawyer.

Thank you for clarification

[Turbulent_Dragonfly]

This is what my lawyer told me. H4-EAD Alien # is a temporary number and they will not use it in the applications. My wife had a A# based on her own I-140 approval , and that A# is permanent and hence she can use it. If spouse(dependent) has never filed I-140 then Alien # is supposed to be kept blank .

My wife had an OPT EAD, H4 EAD and now H1. The A number is constant in that. I have no idea if the first time you get an H4 EAD without having another A number before, it will be 'temporary'. It does not make any sense to me. My understanding was that the A number that USCIS generates for an individual is a unique number that persists among different applications.

[inspired_p]

My wife had an OPT EAD, H4 EAD and now H1. The A number is constant in that. I have no idea if the first time you get an H4 EAD without having another A number before, it will be 'temporary'. It does not make any sense to me. My understanding was that the A number that USCIS generates for an individual is a unique number that persists among different applications.

I have F1 EAD and I-140 EAD , these are not the same. My wife has F1 EAD which had a different number, I-140 and H4 EAD ( which was after I-140) are the same.

[GCWait2011]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?

[Turbulent_Dragonfly]

I have F1 EAD and I-140 EAD , these are not the same. My wife has F1 EAD which had a different number, I-140 and H4 EAD ( which was after I-140) are the same.

Strange, but par for the course when it comes to USCIS.

[powerofzero]

Hello,

i am hoping someone here can advice me on whether to downgrade to EB3. My PD is May2012 in EB2I. I initially thought downgrading to EB3 was a no brainer assuming i could always interfile with EB2I I-140 if EB2I ever moves ahead of EB3I. However, my lawyer told me the following:

"Filing an EB-3 I-140 does not put your earlier EB-2 I-140 at risk. You will have two I-140s with the same priority date, the only difference being the preference category. If EB-2 moves back in front of EB-3, keep in mind that there is no mechanism in place at USCIS to change the underlying I-140 of a pending I-485. Although we can try doing that by sending in a letter to USCIS asking them to use a different I-140 for a pending I-485, there’s no telling if they will agree to do so. Given that, you need to have the expectation that USCIS is going to adjudicate the I-485 based on the I-140 the I-485 is initially filed on.

Note that almost everyone with an EB-2 priority date is now requesting to change to EB-3. The likely outcome of this is that the EB-3 quota may quickly slow down, and EB-2 will once again be faster. Even so, we really don’t know which category will be faster six months from now. There is no way to optimize this by trying to jump back and forth between EB-2 and EB-3 as the visa bulletin changes. Again, thousands of other applicants will be trying to do the same thing. If you choose to file an EB-3 petition and I-485 in October, then you must be committed to remaining in the EB-3 queue."


The part about committing to EB3 perpetually is a bit concerning. Can someone please help me navigate this?

[smuggymba]

smuggymba, I think it is better for you if you proactively submit I485-J. This will force an RFE for medicals and G-325A when the I485J is approved in 3 months. The medicals are valid for 2 years. So by the time, you respond to medical RFE, it will be 4 to 6 months from now and you will be current.

Or you can stay put and wait for the RFE when dates are current.

good point idliman...will take action.

[tomhagen]

good point idliman...will take action.

I second what Idliman said. Filed AOS first time and my attorney sent the following docs for me and wife (except 485J because she is dependent)

I-485
I-485J
I-765
I-131
I-944
G-28

He said when they approve 485J and if they think your date will become current then they will issue RFE for Medicals.

[2011Feb]

Hi Gurus,

My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.

Does any one applied and got the receipt this month?

[idliman]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?
Yes. It is called Transfer of Underlying Basis in USCIS language or Interfiling. One of the requirements is that your I-485 should have no breaks in continued eligibility. Note that Interfiling also can apply to retention of PDs via a separate procedure so Transfer of Underlying Basis is a more specific term for downgrade.

Your PD is eligible for both EB2I & EB3I only on "DF" basis. You have to decide whether you want to do transfer the basis now or wait and do it later. Anyway, file AOS as soon as possible (EB2I or EB3I). No one can guarantee that the "DF" will remain open next month. Even top attorneys quoting "DT admin's" past actions recommend filing AOS before the end of October. You never know when the window will open again. If you want to better understand the urgency, talk to someone with EB2I 2010 PDs who missed by mere days and waited many years to file for AOS. Good Luck.

[bones20]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?

whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!

[getsaby]

Thank you. My spouse has an Alien number from her I-140 approval. but now she is on H4 with EAD. in both cases she has the same Alien number. how ever she is not he primary applicant for filing AOS now. so i am not sure which Ailen number to use. because some of my friends do not have a Alien number assigned to their spouse they all use the primary applicant's number.

my PD is DEC 2010 if that matters.

Even my spouse has A# from H4 EAD, when I asked the lawyer why not using A in 485, here is her response

We only list the A-number if it is in relation to an underlying petition for the I-485 application. So, they are fine as is.

[tomhagen]

Hi Gurus,

My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.

Does any one applied and got the receipt this month?

During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waiting

[2011Feb]

During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waiting


It's going to be some time before they start issuing receipt notices. It may be 3-4 weeks according to my attorney.

Thanks. I was told by my lawyer, it will take two weeks. Hoping to get receipt notice sooner.

[Spurs19]

I have an update that my I-1485 case was received at my local office. My PD is 12/4/2009 and I have approved EB-2 and EB-3 I-140 applications and my interviews are completed. Does this mean I'll get a medical RFE from my local office. I thought NBC usually sends out the medical RFEs?

[newyorker123]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

[tomhagen]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

That really depends on volume of the applications USCIS is going to receive and number of downgrades. It is anybody’s guess at this moment. We will get clarity only by December

[android09]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

Let’s all hope it moves further and helps lots of folks in 2012 and 2013 !

[Turbulent_Dragonfly]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

I don't know if they will know until a few months into FY2021.

Since EB2 was current until May 1, 2010 before, we can assume most have their AOS filed until that PD. So that leaves people from May 2010 - May 2011. If they can compute how much total spillover from different categories is available for EB2 in FY2021 and get a handle on the number of defections to EB3, they may be able to move the filing further to make sure there is no wastage.

[inspired_p]

I don't know if they will know until a few months into FY2021.

Since EB2 was current until May 1, 2010 before, we can assume most have their AOS filed until that PD. So that leaves people from May 2010 - May 2011. If they can compute how much total spillover from different categories is available for EB2 in FY2021 and get a handle on the number of defections to EB3, they may be able to move the filing further to make sure there is no wastage.

We do know that there are many of the 2012 filers still waiting for their GC. I think around 15K are still in waiting which represents upto May 2010. Considering same amount to file for May 2010 to May 2011 , i think the expected spillover of 30K is used up till May 2011. I do not think EB2-I FAD will move beyond May 2011. I am also quite sure that Eb3-I FAD will not reach Jan 2015 this year. If the spillover is equally distributed between EB1 , EB2 and EB3 as it is said to be I predict EB2-I to get all used up till May 2011 and EB3 might get upto end of 2013 ish

[sandya0823]

I am new to this forum, I need your input my question below.

I work for EMPLOYER B now and when my PD with earlier company EMPLOYER A and my PD got current they agreed to file my i485 /i485 j/ EAD/AP and they asked me to come back to their company as they will rehire me. I agreed to this approach so they filed i485 / i485j . Now I got EAD and got another offer with EMPLOYER C... can I move and work for EMPLOYER C until I get my GC and then I can move to EMPLOYER A. please let me know

-Sandhya

[GCWait2011]

whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!

My PD is April 2011 and I already submitted the documents for EB3 downgrade.

[bones20]

My PD is April 2011 and I already submitted the documents for EB3 downgrade.

thanks. So in your case, that was the only option available for filing AOS.

[dexter2010]

Friends,

I have an odd predicament. My PD is 12/29/2010. In the PERM the Job Title offered was "Senior Computer Programmer Analyst" with an SOC Code 15-1132 and a pay of 93K. My I-140 was filed under EB2. Now that my filing date is current and Im eligible to file my AOS/EAD/AP applications, my attorneys are advising that my case would be high risk as the job that Im currently doing along with my title is much higher that what's in the PERM and USCIS may reject my application. I'm in a Senior Leadership role (Large IT services company) with a base pay that is much higher than the 93K associated with the PERM. They are recommending that we file a new PERM petition that aligns with my current title and job description. I would think given the time it takes from PERM to AOS, career progression is obvious. Would USCIS really reject such an application saying this candidate will not take a demotion from a leadership role to become a programmer.

Has anyone experienced this? Appreciate any advise I can get.

[GCWait2011]

thanks. So in your case, that was the only option available for filing AOS.

I had the option to go with EB2 or EB3. I decided to go with EB3 because my child is near to age 21.

[ferric]

Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.

Just wanted to thank everyone here for their amazing help and support over the last couple of years.

Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on

Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law

And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!

Congrats also to everyone else that just got greened.

[inspired_p]

Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.

Just wanted to thank everyone here for their amazing help and support over the last couple of years.

Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on

Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law

And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!

Congrats also to everyone else that just got greened.


Congratulations! EB3 downgrade cut at least 4-5 months of wait time !

[YTeleven]

Congratulations Ferric.

[gkjppp]

Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.

Just wanted to thank everyone here for their amazing help and support over the last couple of years.

Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on

Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law

And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!

Congrats also to everyone else that just got greened.

Congratulations.

[qesehmk]

Hi ferric, I am very happy for you. Congratulations.

The entire 2020 howsoever dark has also brought a silverlining for tens of thousands of backlogged folks. I truly hope this particularly turns out beneficial for those whose kids are aging out.

The ones that are out of the window for now - don't despair. IMHO country caps will be gone in a few years no matter who is president.


Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.

Just wanted to thank everyone here for their amazing help and support over the last couple of years.

Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on

Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law

And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!

Congrats also to everyone else that just got greened.

[GCMirage]

Gurus and other experts-

Are you aware of any instances where applicants were allowed to revert to previously approved EB2 I140 and were Greened in EB2 after filing a downgrade to EB3 and filing 485 concurrently ?

My attorney was very clear that if we apply for downgrade now then there is likely no going back to EB2.

[YTeleven]

Gurus and other experts-

Are you aware of any instances where applicants were allowed to revert to previously approved EB2 I140 and were Greened in EB2 after filing a downgrade to EB3 and filing 485 concurrently ?

My attorney was very clear that if we apply for downgrade now then there is likely no going back to EB2.
The people whose PD is after May 2011 in EB2 and not eligible for filing 485 this month has only one option i.e. downgrade to EB3 and file 485 concurrently.. based on my understanding of EB3I Q.. I can say that they will never ever get into a scenario of looking back to EB2 again in future.. if they want they can amend the EB2 permanently to EB3.. in current political scenario one must need a backup for the H1B and that is 485 AOS status..

[GCWait2011]

My attorney also said the same. Once we file new I140 for EB3 alone with 485, is highly unlikely that uscis will let us switch back to EB2. My attorney said for Chinese clients they have numerous letters requesting switch to EB2 when it pulled ahead but they never even received an acknowledgment of the request.

This is strange. My attorney said there are no issues, they can switch back to EB2-485 if dates become current.

[delguy]

do you know if we have to send the physical copies of I-485 and other forms to imm lawyers or scanned copies will do?

[inspired_p]

do you know if we have to send the physical copies of I-485 and other forms to imm lawyers or scanned copies will do?

My personal experience based on what my lawyers said. Due to COVID , scanned copies of forms with signatures are allowed, we have to make sure we keep the originals safe if they are asked at a later point

[GCMirage]

It depends on the attorney. For my attorney everything is electronic except for passport photos.

Some of my friends had print and overnight hard copies of all the documentation including forms.

[GCMirage]

Thanks YTEleven. My PD is Aug-2012 so am downgrading to file AOS. If I am understanding your comment correctly you are implying that EB3 will/maybe ahead of EB2 so we will not need to go back EB2 ever. Please correct or confirm my interpretation.

Question: if very high % downgrade wouldn’t that declog EB2 and move all that demand into EB3 allowing EB2 to race ahead?

[incredible]

Guys, just got my GC in the mail today. A little under 12 years from when I applied and almost 2 years after I joined this forum.

Just wanted to thank everyone here for their amazing help and support over the last couple of years.

Especially YTEleven - man, thanks for encouraging everyone to downgrade a couple years ago when EB3 forward movement began, your advice was spot on

Spec/redsox — thanks for your detailed analysis, data collection posts and help understanding the minutiae of immigrant law

And finally to Q for not letting this community devolve like trackitt and providing a place for everyone to come and ask questions and expect reasonable answers without trolls or hate. Thank you!

Congrats also to everyone else that just got greened.

Congratulations. For the benefit of all, can you please share some key information.


When did you file your 485 (was it couple of years back through downgrade)? (I am assuming your PD became current in this month's bulletin for FAD?
When was the last medical and 485 J submitted? Did you receive any RFE in anticipation of FAD becoming current in October bulletin?
And finally when it did become current in October's bulletin, did you have to do anything or USCIS automatically processed your case within the first 20 days of the month.

-Thanks

[2011Feb]

Premium Processing Fee Increase Effective Oct. 19, 2020

https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020

Looks like for for us it's going to be $2500. Does the premium processing available for EAD ? It's not clear what are the forms they will accept for premium.

[Turbulent_Dragonfly]

Looks like for for us it's going to be $2500. Does the premium processing available for EAD ? It's not clear what are the forms they will accept for premium.

I mean... it explains that in the same link that was provided.

Pub. L. No. 116-159 increases the fee for Form I-907, Request for Premium Processing, from $1,440 to $2,500, for all filings except those from petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting H-2B or R-1 nonimmigrant status. The premium processing fee for petitioners filing Form I-129 requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.

[inspired_p]

Looks like for for us it's going to be $2500. Does the premium processing available for EAD ? It's not clear what are the forms they will accept for premium.

Pub. L. No. 116-159 also gives USCIS the ability to expand premium processing to additional forms and benefit requests, but USCIS is not yet taking that action. Any expansion of premium processing to other forms will be implemented as provided in the legislation.

[Umesh1209]

Does anyone got RFE for medicals whose priority date (eb2) is in December 09? It seems like medicals are valid for only two years, and I got RFE for my medicals in 2018 june, and responded in July 2018. is it advisable to get the medicals ahead of time given current situation?
I got my RFE last Dec, responsed in Feb for me n my wife. I got another RFE only for me in Jun saying they lost my response n asked me to respond again.

[ferric]

Congratulations. For the benefit of all, can you please share some key information.


When did you file your 485 (was it couple of years back through downgrade)? (I am assuming your PD became current in this month's bulletin for FAD?
When was the last medical and 485 J submitted? Did you receive any RFE in anticipation of FAD becoming current in October bulletin?
And finally when it did become current in October's bulletin, did you have to do anything or USCIS automatically processed your case within the first 20 days of the month.

-Thanks

Yes, downgrade from EB2 and I’d never filed AOS before

PD: 12/31/2009
RD: 1/29/2019 (including medical)
Interview: 8/2019 (submitted 485J)
Approved: 10/9/2020
Card received: 10/17/2020

No RFE on 485, but I did get an RFE on my AP renewal in April. Didn’t have to do anything to process my case, just asked Emma agent for status update and the next day the status changed to card production

Happy to answer any other questions

[inspired_p]

No idea why, it was the case with almost all the applicants that went in with this attorney.

Just can't do anything when it is with the lawyers. I thought we are all ready to file my I-140 in PP , I-485 , I-765 , I-131 last week, but for some reason it is still not applied , and PP fee increased starting today. I feel I lost $1020 for no reason. I am now only hoping my application gets postmarked before USCIS decides to ask for separate fees for EAD and AP.

[incredible]

Yes, downgrade from EB2 and I’d never filed AOS before

PD: 12/31/2009
RD: 1/29/2019 (including medical)
Interview: 8/2019 (submitted 485J)
Approved: 10/9/2020
Card received: 10/17/2020

No RFE on 485, but I did get an RFE on my AP renewal in April. Didn’t have to do anything to process my case, just asked Emma agent for status update and the next day the status changed to card production

Happy to answer any other questions

thank you. This helps a lot.

[longwaitgigu]

Anyone working with fragomen
They have still not got i485 and i944 form ready for us to sign
With our oct 2010 eb3 PD- we r trying to push medicals too as I dont want RFE later and then delay in issuing gc if at all our interview gets waived. We r not submitting ead and ap either as we both have our h1bs. But they look hesitant for medicals. I think I have reasoning to submit medicals now.
My question is
For medicals - do I have to wait for my attorney to get i485 draft ready and then take appointment.
Or just start right away the process and then convince them

[inspired_p]

Anyone working with fragomen
They have still not got i485 and i944 form ready for us to sign
With our oct 2010 eb3 PD- we r trying to push medicals too as I dont want RFE later and then delay in issuing gc if at all our interview gets waived. We r not submitting ead and ap either as we both have our h1bs. But they look hesitant for medicals. I think I have reasoning to submit medicals now.
My question is
For medicals - do I have to wait for my attorney to get i485 draft ready and then take appointment.
Or just start right away the process and then convince them

There should be no convincing needed IMHO. My lawyer strongly advised against medicals ( oct 2010 PD here as well) , but asked if we have medicals to add to the package in the final email conversation. I would say get the medicals done and add it to your application. They should not be saying no anyways, it does not cost anything nor they have to do any additional work.

[1312011_eb2I]

https://www.yahoo.com/money/coronavirus-stimulus-white-house-ups-offer-ahead-of-pelosi-tuesday-deadline-143916866.html
Stimulus talks are on AGAIN. Do you think stopping FB spillover is included? if yes, will USCIS pull back dates this (oct) month.

[longwaitgigu]

I dont know the exact process
Can u please guide me.
Do I have to wait for them to do final i485 draft, then do medicals ? Or
Should I take my appointment and get it ready?

[gcconnect]

Before forms ready , i booked the Doctor appointment and gets medicals done. By the time Medicals sealed cover ready, got forms from attorney and sent both signed forms and medicals .
if you plan to send this month, calculate the time - appointment booking, LAB results-> Doctor and sealed cover on your hand, Forms and medicals send to Attorney . If i am not wrong, last date to send USCIS on OCT'29 from your attorney to reach this month.

[Zenzone]

https://www.yahoo.com/money/coronavirus-stimulus-white-house-ups-offer-ahead-of-pelosi-tuesday-deadline-143916866.html
Stimulus talks are on AGAIN. Do you think stopping FB spillover is included? if yes, will USCIS pull back dates this (oct) month.

This has been answered several times before. Any stimulus bill negotiated will be brand new and had to be passed again in the House. This has been confirmed by both Dems and GOP. Also, for any substantial deal going through the chances are very slim.

[Zenzone]

Anyone working with fragomen
They have still not got i485 and i944 form ready for us to sign
With our oct 2010 eb3 PD- we r trying to push medicals too as I dont want RFE later and then delay in issuing gc if at all our interview gets waived. We r not submitting ead and ap either as we both have our h1bs. But they look hesitant for medicals. I think I have reasoning to submit medicals now.
My question is
For medicals - do I have to wait for my attorney to get i485 draft ready and then take appointment.
Or just start right away the process and then convince them

You can do the medicals separately. But if I were you, I will not do the Medicals now.

[1312011_eb2I]

Thank you.
Pelosi has give 48hrs to GOP to provide a plan.
I am worried since my attorney has not filed my application. He is planning to submit by End of this Month.

[Zenzone]

Thank you.
Pelosi has give 48hrs to GOP to provide a plan.
I am worried since my attorney has not filed my application. He is planning to submit by End of this Month.

Even then you have this month to file. Also, retroactive removal of fiscal 2021 SO is not going to happen. This has been also answered by some lawyers including Greg Siskind. So I won't get anxi. about it right now. This year's SO is something EB community can go to bank with. Its real, IMHO.

[inspired_p]

Even then you have this month to file. Also, retroactive removal of fiscal 2021 SO is not going to happen. This has been also answered by some lawyers including Greg Siskind. So I won't get anxi. about it right now. This year's SO is something EB community can go to bank with. Its real, IMHO.

It is as real as USCIS wants it to be. Wasting numbers is not a new thing. Let's really hope that at least 50% of the available visas are issued in all the categories.

[Zenzone]

It is as real as USCIS wants it to be. Wasting numbers is not a new thing. Let's really hope that at least 50% of the available visas are issued in all the categories.

I didn't talk about the potential for visa wastage at all here. The question was about the language in the HEROES Act.

[vsivarama]

Thank you.
Pelosi has give 48hrs to GOP to provide a plan.
I am worried since my attorney has not filed my application. He is planning to submit by End of this Month.

odds of SO being pushed back to FB are about the same of Getting S386 passed in the senate. I would worry about SO being wasted than losing it. So if you want to worry about something at least worry about the right stuff!! LOL! Just to lighten the mood here.

[1312011_eb2I]

Thank you all for clarifying. If we sure shot will get SO , then I will stop worrying about such news.

[inspired_p]

Thank you all for clarifying. If we sure shot will get SO , then I will stop worrying about such news.

All the best. The best we can do is make sure we get our applications in before this month end and get in queue.

[redsox2009]

I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

Keep this community grow and increase your immigration knowledge.

[inspired_p]

I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

Keep this community grow and increase your immigration knowledge.

Congratulations !! Long journey :-) . On a personal note, it's good to see EB3 downgrade working in getting the wait times cut down so much.. gives me hope that I am doing the right thing by asking my employer to apply in EB3 even though EB2 is possible.

[Spectator]

redsox,

Many, many congratulations on your approval. What a relief.

I'm genuinely pleased for you personally.

Thanks for telling your story. What a journey! I think your point about continuing to own the process is well made and applies to many things outside the immigration journey as well.

I feel you are one of the few kindred spirits left who analyze the diminishing data that's left. I hope you'll stick around for a while to continue doing so.

All the best

Spec

[mjaggu]

I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

Keep this community grow and increase your immigration knowledge.

Many Congratulations and thanks for the pointers!!!

[redsox2009]

redsox,

I feel you are one of the few kindred spirits left who analyze the diminishing data that's left. I hope you'll stick around for a while to continue doing so.

Spec

On Sept 24th, my wife was not a happy person as the phone was ringing continuously and on that, she begged me not to take any more calls or do Immigration stuff. On Sept 24th I did not focus on my kid's classes and they missed few classes and she has every right to scream at me.

Yesterday I was on a call with one of my relatives and talking to him, during the conversation multiple times I had to correct him wrt Immigration topic and then I decided " I SHOULD KEEP DOING THE NUMBER ANALYZING and WILL DO THE NUMBERS ANALYZING".

[vedu]

I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

Keep this community grow and increase your immigration knowledge.

Congratulations redsox. Good job buddy!

[suninphx]

redsox,

Many congratulations!

[GCMirage]

Congratulations redsox2009.

[qesehmk]

I wanted to share some positive news. Last week I received my 485 Approval notices.


Redsox - many congratulations. You seem to be one bright fellow. Employers are after you. Good for you! All the best for life ahead.

p.s. You are the first ever person I have seen where a company lawyer fought for you with the company. Completely unheard of!!

[delguy]

Anyone working with fragomen
They have still not got i485 and i944 form ready for us to sign
With our oct 2010 eb3 PD- we r trying to push medicals too as I dont want RFE later and then delay in issuing gc if at all our interview gets waived. We r not submitting ead and ap either as we both have our h1bs. But they look hesitant for medicals. I think I have reasoning to submit medicals now.
My question is
For medicals - do I have to wait for my attorney to get i485 draft ready and then take appointment.
Or just start right away the process and then convince them

Yes and same experience here too. No medicals this time and still waiting for forms to be signed. Almost 2 weeks since I submitted everything to them.

[YTeleven]

Congratulations Redsox.

[inspired_p]

That time of the month , where we can start speculating / predicting /calculating the dates for the next month 😂
What do the gurus think ? What would ‘rapid movement’ mean according to USCIS ?

[sudiva]

Congratulations !!! Very inspiring.

wow... great narration of your timeline. Really appreciate your time and effort put in to writing your experiences.

I was wondering why you took initiative to call USCIS several times as mentioned below? Was that to get your case moving or to find out where it stood? Request to share the purpose of the calls. Thank you.


I wanted to share some positive news. Last week I received my 485 Approval notices.

...............................

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.
............................
Keep this community grow and increase your immigration knowledge.

[Prabhas]

I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

Keep this community grow and increase your immigration knowledge.

Redsox,

I am in awe!! First off all congratulations on your freedom .. I can draw some parallels with your journey but man... your preserverance, learning from mistakes and never loosing hope has become the mantra for EB community in recent times and your journey is a cherishable one.. Thanks for sharing it with us all!!

Cheers,

V

[skpanda]

Wow inspiring! Similar story here... was ignorant early on and did not care much about the importance of PERM and locking the PD.

Congratulations! Enjoy!





I wanted to share some positive news. Last week I received my 485 Approval notices.


I personally wanted to Thank Q and Spec for all their efforts and help in getting this community move forward. I learned a lot through this forum and I helped some of my friends.

Throughout the journey, I made some mistakes, but in the last mile, I made sure I was one step ahead of the game and got my 485 approved.

My first PERM was supposed to be in 2006 and I did not push my management to get the Perm done and in 2007 when I was ready for PERM I requested my employer if there are any unused PERMS which I could use. Employer mentioned to me there are 3 PERMS and I can use them if I my experience falls in any one of the categories to support the documentation. I was out of the country and when I returned back, guess what was new policy!!! PERMS cannot be transferable.

In 2007 my PERM started and due to the economic meltdown and recession, my perm was on hold. In 2009 my company lawyer literally HUNTED me down and begged me to file PERM, I was so absorbed in the carrier goals and aspects and forgot about PERM. If I have to say THANKS she will be the first person. My management put tons of hurdles to stop the PERM and she fought on my behalf and got the PERM done in a timely fashion. At one point my company attorney threatened the company that the company is liable for a civil lawsuit if the company doesn't act accordingly.

In 2011, a bright ambitious guy moved to a new company and in the process, he forgot to push HR about the PERM. Guess who missed the GC filing slot in 2012. You guessed it correctly.

I learned my lesson the hard way and since then I focussed much of my time with family and started running the numbers when and where the dates are and started using this forum for more analysis and forecasting.

In 2014, I changed the company and made sure my PERM was started after the 90 day wait period.

Around Jan 2018, I was 100% confident that by September 2018, my dates will become current under the EB3 category. However, I was a couple of months early to my predictions. My date became current in Nov 2018. Around March 2018, I went to my company management and requested to start the downgrade process and the company HR said the company policy is "no two I-140's for the same employee". It took me 6 months to request them to change and show them the cost-benefit and get the approval. Around Oct 2018, my company finally approved my second I-140 i.e. to downgrade the application. In Nov 2018 My company immigration attorney sent me a form to sign the I-140, I told them "I will sign the document after seeing the Visa Bulletin" and I told them I'm more than 100% confident that my date under EB3 will be current. In a couple of days, Bulletin got released and my date became current. Since I fought and got my downgrade process, some of my colleagues took advantage of the new policy and they got their downgrading started. Around Dec 2018, I filed my I-485.

Believe me, since then I made numerous calls to USCIS to get the ball rolling. My fingerprint was delayed by a week, and made sure the I got fingerprint within the next 10 days. My interview dates were delayed by a month, guess who was on the phone. I did not hesitate to call them when I felt something was needed. This month My final action date was current and I called USCIS on OCT1st and raised the SR. This was my last mile, I was one step ahead of the game plan since Jan 2018.

When some of my colleagues were filing for their PERMS, I literally begged them to file PERM ASAP, and not to argue with the management about the EB2/EB3 category. I advised many folks to file PERM and get the date locked. I advised them if you miss a date by a single day, it could lead you to wait for a month or decade. Some of my colleagues followed my advice and some ignored my advice.

Believe me on Sept 24th when Bulletin was released my phone kept ringing from morning 7:30 AM to 11:30 PM, some of my colleagues called to Thank me and some to know the process of downgrading, some of my friends called to learn the process and asking my inputs. Around Sept 29th, my company said they changed the Policy back to " No two I-140's", but I kept telling my colleagues to keep pushing and some managers were directly in touch with me on how to get the ball rolling, etc..
A couple of days later the company gave in and allowed my colleagues to downgrade the applications. Since Sept 24th I'm getting calls from some of my old friends and they wanted to know the process and asking for help in getting their company to agree to downgrade. I kept calling them and advising accordingly.

Lessons I learned during my GC process. Never give up and keep your spirits high up.

1.) Never delay in filing the PERM.
2.) if you change the company, act fast and swiftly in getting your PERM filed and approved. Always assume your date will be current in the next bulletin or else you will sloppy with filing.
3.) When your date is current, and after you file I-485, keep up with activities and make sure the USCIS is working on your application.
4.) When talking to USCIS, you don't tell them what should happen, ask them where your file should be (in which stage). If your file is behind, I'm pretty sure they will feel guilty and work on your file.

Good Luck to all new filers and Best wishes to all of you.

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