EB2-3 Predictions (Rather Calculations)

[LightAtEndOfTunnel]

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

What are you suggesting Ace? Filing another I-485 with EB2 makes sense or not.

[bones20]

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

Can you suggest what else can I try now?

Thanks

Well, it is a lottery. There is nothing anyone can do. Your luck will shine one day and your file will be picked and after that it is quite smooth and quick.

Some people have reported that interfiling medicals has expedited their case. Look at this:
https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82456&viewfull=1#post82456

I also interfiled medicals but my interfiling actually criss-crossed with an rfe from FO (traffic tickets + medical). At one point I was nervous and regretful about interfiling since while we were working on response to rfe, my interfiled medicals were linked to my case and USCIS case status reflected that response to rfe was received (which would literally mean I did not respond to my traffic citation rfe). Luckily, 5 days later my GC was approved. At the end of the day, interfiling saved me 18 days but did create some heartburn.

The last mile is the hardest. I never worried about GC for the first 11 years out of the 12 years process. I got very impatient, nervous, anxious and angry (at Fragomen and USCIS) the last 6 months. One of the reasons for this anxiety was reading and tracking online immigration forums. Just be patient, distract yourself with work and dont overthink.

[bones20]

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

PD: 04/29/2010
Category: EB2
GC approved: 09/23/2021
GC received: on 09/28/2021
"courtesy copy of i485 approval" (i797c) received: 09/30/2021

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

Can someone please help on this ^^ ? thanks!

[SG2020]

Well, it is a lottery. There is nothing anyone can do. Your luck will shine one day and your file will be picked and after that it is quite smooth and quick.

Some people have reported that interfiling medicals has expedited their case. Look at this:
https://www.qesehmk.org/forums/showthread.php/2958-Dilemma-or-Conundrum-of-I693-Medical-with-485-or-after-485-filing?p=82456&viewfull=1#post82456

I also interfiled medicals but my interfiling actually criss-crossed with an rfe from FO (traffic tickets + medical). At one point I was nervous and regretful about interfiling since while we were working on response to rfe, my interfiled medicals were linked to my case and USCIS case status reflected that response to rfe was received (which would literally mean I did not respond to my traffic citation rfe). Luckily, 5 days later my GC was approved. At the end of the day, interfiling saved me 18 days but did create some heartburn.

The last mile is the hardest. I never worried about GC for the first 11 years out of the 12 years process. I got very impatient, nervous, anxious and angry (at Fragomen and USCIS) the last 6 months. One of the reasons for this anxiety was reading and tracking online immigration forums. Just be patient, distract yourself with work and dont overthink.

Quick question: What is a traffic RFE? Is it for unpaid traffic tickets? I have a current speeding ticket that I am contesting. Got my fingerprinting in September but nothing has happened since. Will appreciate some details if you are comfortable sharing.

[HappyUSA]

Hi Experts ,

My 485 was pending with FO for 2 months and went back to NBC since 1 month ,medicals submitted with 485 .

Does NBC makes final adjudication or it has to come back to FO ?

[bones20]

Quick question: What is a traffic RFE? Is it for unpaid traffic tickets? I have a current speeding ticket that I am contesting. Got my fingerprinting in September but nothing has happened since. Will appreciate some details if you are comfortable sharing.

I had some traffic tickets (less than $500). I had answered yes to part 8, q25 saying I have been cited. I also explained about the nature of these tickets in addendum. I still got an rfe on that, may be the AO did not see the addendum. Eventually, my GC was approved even before my rfe response was sent.

[AceMan]

What are you suggesting Ace? Filing another I-485 with EB2 makes sense or not.

Same from last year. Do nothing, just stay put wherever you are and don?t be an aayaram or gayarams.

It neither helps you or people waiting in the backlog.

[Mgajsk]

Hello Folks,
I attended an interview in local field office in first week of Sep. I have few questions if any one can answer.
1. Once the field office has your application, id it entirely to the FO to make a decision?
2. I there any time limit for them to provide an update after the interview? I am hearing 30 to 60 days .
3. What can we do to to check the REAL status? ( the emma chat just says , I need to wait )
4. Does any one know what processing happens in the field office?
5. should I be worried.?

[srimurthy]

Hello Folks,
I attended an interview in local field office in first week of Sep. I have few questions if any one can answer.
1. Once the field office has your application, id it entirely to the FO to make a decision?
2. I there any time limit for them to provide an update after the interview? I am hearing 30 to 60 days .
3. What can we do to to check the REAL status? ( the emma chat just says , I need to wait )
4. Does any one know what processing happens in the field office?
5. should I be worried.?

The typical response time if it is approved by the officer should be quick or with in a week. But if they required additional information or something else to be verified then the wait time can be upto 90 days before you a follow up:
*** From some of the sites *******
If it?s been 90 days since your I-485 interview and you still don?t have a decision, call USCIS at 1-800-375-5283 to schedule an InfoPass appointment. It?s important to follow up.
****

How was the interview and was it individual or the petitioner and dependents too?

[Mgajsk]

The typical response time if it is approved by the officer should be quick or with in a week. But if they required additional information or something else to be verified then the wait time can be upto 90 days before you a follow up:
*** From some of the sites *******
If it?s been 90 days since your I-485 interview and you still don?t have a decision, call USCIS at 1-800-375-5283 to schedule an InfoPass appointment. It?s important to follow up.
****

How was the interview and was it individual or the petitioner and dependents too?

Interview was short . first me and then spouse as we had kids with us.
asked regular questions which were on the I-485 application .
The application had 1 kid mentioned but I had 2 and was updated as well.
I changed employers on ac21 and handed him I485J during the interview. He did say it was going to take a while but I dint expect it to be this long. I was not sure what " a while " meant. I should have asked.

[srimurthy]

Interview was short . first me and then spouse as we had kids with us.
asked regular questions which were on the I-485 application .
The application had 1 kid mentioned but I had 2 and was updated as well.
I changed employers on ac21 and handed him I485J during the interview. He did say it was going to take a while but I dint expect it to be this long. I was not sure what " a while " meant. I should have asked.

So it may be the I485J checking of the new employer and cross verification of the employment. And what do you mean by 1 Kid and 2nd kid info updated? Was that the 1st kid was a dependent applicant and the 2nd kid was a citizen born here in US and since they are young accompanied all? Sorry that information and details are not clear? And also if there is an RFE check if the attorney's office received anything?

[SG2020]

Same from last year. Do nothing, just stay put wherever you are and don?t be an aayaram or gayarams.

It neither helps you or people waiting in the backlog.

Other than the 'ayaram/gayaram' issue/dilemma, is it true that a person cannot have two parallel applications going on at the same time? I asked this from our firm's attorney (Fragomen) and got the following response...will appreciate any thoughts on whether this is correct:

My questions: Since my EB2 FAD is also current, I?d like to confirm if we can interfile I-485 to get in that queue as well. If we do, will the application go to TSC or some other location? Also, with the interfile, could we submit the medicals at the same time thus make that application documentarily complete?

Fragomen Response: You cannot have two AOS cases pending based on same employment opportunity. As such, you?d need to decide if you?d like your case to be processed under EB-2 or EB-3 category. Given that both are current, it should not make a difference and better to proceed with the case already pending. If the dates were to change for EB-3 category, we can explore switching back to Eb-2 so that the case is not put on hold.

[beagle]

Other than the 'ayaram/gayaram' issue/dilemma, is it true that a person cannot have two parallel applications going on at the same time? I asked this from our firm's attorney (Fragomen) and got the following response...will appreciate any thoughts on whether this is correct:

My questions: Since my EB2 FAD is also current, I?d like to confirm if we can interfile I-485 to get in that queue as well. If we do, will the application go to TSC or some other location? Also, with the interfile, could we submit the medicals at the same time thus make that application documentarily complete?

Fragomen Response: You cannot have two AOS cases pending based on same employment opportunity. As such, you?d need to decide if you?d like your case to be processed under EB-2 or EB-3 category. Given that both are current, it should not make a difference and better to proceed with the case already pending. If the dates were to change for EB-3 category, we can explore switching back to Eb-2 so that the case is not put on hold.


I'm no Fragomen. Please read https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

An applicant can maintain multiple basis I140 and when applying I485 the applicant must specify only one basis(I140). The only time you can get away is when the dependent also files an independent AOS with the primary being the dependent now. Example, husband files under EB3 and then wife files under EB2. Even with this, having different A nos complicates it and must be addressed by withdrawing the other application in a timely manner.

So when you interfile, you are requesting to switch to a different basis I-140 than the one originally filed. Please read the above chapter and it clarifies other questions floating around regarding interfile requests.

[qesehmk]

Other than the 'ayaram/gayaram' issue/dilemma, is it true that a person cannot have two parallel applications going on at the same time? I asked this from our firm's attorney (Fragomen) and got the following response...will appreciate any thoughts on whether this is correct:

My questions: Since my EB2 FAD is also current, I?d like to confirm if we can interfile I-485 to get in that queue as well. If we do, will the application go to TSC or some other location? Also, with the interfile, could we submit the medicals at the same time thus make that application documentarily complete?

Fragomen Response: You cannot have two AOS cases pending based on same employment opportunity. As such, you?d need to decide if you?d like your case to be processed under EB-2 or EB-3 category. Given that both are current, it should not make a difference and better to proceed with the case already pending. If the dates were to change for EB-3 category, we can explore switching back to Eb-2 so that the case is not put on hold.

My view is different from Fragomen. If you do have two I-140s (one for EB3 and one for EB2) then you can and should absolutely feel free to file two 485s if you choose to. USCIS must accept both applications because they are NOT the same application. An EB2 job is not same or EB3 job and vice versa.

Beagle is correct that one 485 will only be based on one 140. But if you do have two 140s then I don't see why you can't file two 485. I have to disagree whoever says it is not possible.

Finally ACE and I have a philosophical :) disagreement. He thinks changing lanes is immoral or something like that. My view is people have every right to further their interest in any legal way possible.

[ImmiGiveMe]

I am trying to figure out if a given I-485 MSC receipt number is related to FB or EB.

Does FB applicants also file I-765 with their I-485?.

If not, for a given I-485 receipt number if one of the next two receipt numbers is a (I-765) then that I-485 is EB..

[pd31mar2011]

Hi Gurus, Need some advise on my situation. My PD is Mar 2011 under EB2.
I am currently working with Company B and applied for PERM, will be getting approval[if no Audit] at the end of Feb, 2022. I will be able apply i-140 and 485 concurrently if my PD stays current.
Previously I worked with Company A who have filed my original PERM and moved to Company B. Now I got an offer from A [Similar role and compensation but need to relocate] and will be able apply i485 immediately once i join the company.
Should i wait 4 months and apply i-140 and 485 with B or join A and apply given the likelihood of retrogression.

[AceMan]

Finally ACE and I have a philosophical :) disagreement. He thinks changing lanes is immoral or something like that. My view is people have every right to further their interest in any legal way possible. If you are so inclined to help others - I STRONGLY encourage all to file their spouses and children under FB category. There is virtually no wait there. This will truly speed up everybody in EB2-I without anybody's family getting hurt at all.

I think you stretched the changing lane part a little longer than my opinion. My concern was always on the downgrade part, you were selected over many other candidates based on your exceptional skills and when dates move forward on the lower category, you went down that route. USCIS allows downgrade, so my opinion has no real basis.

However, we did see the impact of massive downgrades that happened in 2020. Within couple of months date of filing was pulled back a year, and even after a full year, lot of people who filed 485 in 2012 are still to get their GC, while the downgraders are filing premium over premium for their 140 even when they are not eligible to do that.

So now well after a year, the entire thing is screwed up, people now see Eb2 going forward, while Eb3 going back. This is what I was pointing out for a long, before many people deemed me as selfish, because I have an Eb3 petition. These same people who came to Eb3 now wants to move back to Eb2. Even before that is happening, I am saying that is a stupid and useless move. It will screw up the applicants date, as well delay the process for other applicants.

Especially when you already have an EAD, which many of the people claimed is the primary motive for switching categories. As stated above, this is my opinion and USCIS allows it.

[qesehmk]

I think you stretched the changing lane part a little longer than my opinion. My concern was always on the downgrade part, you were selected over many other candidates based on your exceptional skills and when dates move forward on the lower category, you went down that route. USCIS allows downgrade, so my opinion has no real basis.

However, we did see the impact of massive downgrades that happened in 2020. Within couple of months date of filing was pulled back a year, and even after a full year, lot of people who filed 485 in 2012 are still to get their GC, while the downgraders are filing premium over premium for their 140 even when they are not eligible to do that.

So now well after a year, the entire thing is screwed up, people now see Eb2 going forward, while Eb3 going back. This is what I was pointing out for a long, before many people deemed me as selfish, because I have an Eb3 petition. These same people who came to Eb3 now wants to move back to Eb2. Even before that is happening, I am saying that is a stupid and useless move. It will screw up the applicants date, as well delay the process for other applicants.

Especially when you already have an EAD, which many of the people claimed is the primary motive for switching categories. As stated above, this is my opinion and USCIS allows it.

Point well take and thanks Ace for the explanation.

I still believe EB3 at least until 2015-16 has less demand compared to EB2. The retrogression in EB3 followed exceptional movement forward. Even right now EB3 is ahead if I am not wrong. But it is also true that EB2 can get all excess numbers from others while EB3 simply cant.

[txsguy]

Any analysis of this doc on USCIS explanation of retrogression

https://www.dropbox.com/s/wzwx13i0cywih8q/PARKER%20USCIS%20DECLARATION%20ON%20RETROGRESSION. pdf?dl=0

[Immig7]

Thanks for sharing. Perhaps if such lawsuits are filed, we get a better info abt whats happening.. may be one's needed for EB2, so we get some numbers from USCIS?

[newyorker123]

From Charlie chat:
EB2 India Final action date movement around couple of months in Dec VB, and at a slightly slower pace from then on.
No foreseeable movement in EB3 India/China dates until beginning Summer.

[newyorker123]

For the EB3 who might want to upgrade, Charlie mentioned that EB2 might retrogress if there is upgrading.
I would take AceMan's advice and stay put where everyone is.

[LightAtEndOfTunnel]

For the EB3 who might want to upgrade, Charlie mentioned that EB2 might retrogress if there is upgrading.
I would take AceMan's advice and stay put where everyone is.

I took a paid counsel from an immigration attorney outside of my company. The attorney asked me to stay put in LIN. He said if you were in SRC and didn't have any progress on your case after fingerprinting, I'd recommend you to file another EB2 but if your case is DQ and you are just waiting for adjudication then I'd just wait for your PD to be current in EB2 and request interfile. He strongly advised against having two EB-AOS petitions. He said at times when he had done this for Chinese nationals in the past, the cases were put on administrative hold and some of them got rejected too.

Also one more drawback he said, that I am not so sure about is that, one you use your EB2 I-140 for AOS you can't use the same I-140 for interlink process. You would just need to stick with your EB2 AOS for adjudication if EB2 queue becomes more favorable. Also USCIS will process the EB2 petitions based on receipt numbers which will put you at back of the queue and doesn't matter if your case lands at MSC. He said MSC still has enough backlog of EB2/EB3 from Oct-2020 that there is a good chance your case will not get looked at for FY-22.

[SG2020]

For the EB3 who might want to upgrade, Charlie mentioned that EB2 might retrogress if there is upgrading.
I would take AceMan's advice and stay put where everyone is.

I am staying put in EB3 queue for now. My PD is May 2011, so I am hoping any EB2 retrogression will not impact me there either.

On a side note, I have applied (through company/Fragomen) for premium processing of my EB3 I-140 (downgrade) at TSC and it has been rejected every single time. I see many people here and on Trackitt successfully getting their I-140 adjudicated via premium processing. Will appreciate if any of you can share if you did anything different to get PP accepted.

[LightAtEndOfTunnel]

I am staying put in EB3 queue for now. My PD is May 2011, so I am hoping any EB2 retrogression will not impact me there either.

On a side note, I have applied (through company/Fragomen) for premium processing of my EB3 I-140 (downgrade) at TSC and it has been rejected every single time. I see many people here and on Trackitt successfully getting their I-140 adjudicated via premium processing. Will appreciate if any of you can share if you did anything different to get PP accepted.

There is no trick man, you are just stuck in a very sh**ty service center. If I were you, I'd file another AOS with EB2 I-140 just to get out of SRC and have my case processed with MSC. I know it may sound like unpopular opinion with some veterans here but seriously based on all the data I have seen from Telegram groups, approval rate from SRC is pathetic even when it was operating at its peak capacity. It's not that necessarily employees are doing sloppy jobs but there are very few officers assigned to work on 485 adjudications and I-140 approvals.

[gsingh]

I am staying put in EB3 queue for now. My PD is May 2011, so I am hoping any EB2 retrogression will not impact me there either.

On a side note, I have applied (through company/Fragomen) for premium processing of my EB3 I-140 (downgrade) at TSC and it has been rejected every single time. I see many people here and on Trackitt successfully getting their I-140 adjudicated via premium processing. Will appreciate if any of you can share if you did anything different to get PP accepted.

I was able to get my EB3 I-140 (at TSC) approved using PP back in May. Didn't do anything different.
The attorney told me that the PP was not accepted for some of their other clients.
I know some people eventually succeeded after multiple attempts.

[gsingh]

There is no trick man, you are just stuck in a very sh**ty service center. If I were you, I'd file another AOS with EB2 I-140 just to get out of SRC and have my case processed with MSC. I know it may sound like unpopular opinion with some veterans here but seriously based on all the data I have seen from Telegram groups, approval rate from SRC is pathetic even when it was operating at its peak capacity. It's not that necessarily employees are doing sloppy jobs but there are very few officers assigned to work on 485 adjudications and I-140 approvals.

@LightAtEndOfTunnel
I am in the same situation. I-485 was filed with I-140 EB3 in October last year at TSC. I-140 in EB3 is approved.
My Priority Date is 04/2012. I have a previous EB2 I-140 from 2012 with the same employer with similar job duties.
Would your suggestion be to use the previous EB2 I-140 and file a new I-485 at a different service center ?
You mentioned in your previous post that in the past, some cases were put on administrative hold and some of them got rejected for this ?
So, isn't there a risk ? Maybe I missing something.

Thank you for your inputs.

[LightAtEndOfTunnel]

@LightAtEndOfTunnel
I am in the same situation. I-485 was filed with I-140 EB3 in October last year at TSC. I-140 in EB3 is approved.
My Priority Date is 04/2012. I have a previous EB2 I-140 from 2012 with the same employer with similar job duties.
Would your suggestion be to use the previous EB2 I-140 and file a new I-485 at a different service center ?
You mentioned in your previous post that in the past, some cases were put on administrative hold and some of them got rejected for this ?
So, isn't there a risk ? Maybe I missing something.

Thank you for your inputs.

We are just making decisions based on data we have seen thus far. My case was a bit different, my file was documentarily complete and was just waiting for an officer assignment. The problem is that SRC is not even transferring cases out to MSC. They don't have staff / capacity to dig boxes out of archives and ship them to MSC with all the tracking information updated. If I was in your boots I'd take chances with administrative hold or whatever USCIS may decide to do later on. Also I have seen a lot of lawyers (even Fragomen) are advising based on anecdotal evidences/experiences. The lawyer I spoke to, didn't know anything about MSC approval rates vs SRC / LIN approval rates (the data you get from Telegram groups or Hilites website), so I could clearly see he wasn't up to speed. You can ask your company lawyer if they can share a copy of latest USCIS SOP (standard operating procedure) manual. Most lawyers have acquired it through FOIA. You could too but it would take a few months for you. Read through USCIS SOP to see how USCIS handles cases where there are two outstanding AOS from employment based petition and get first hand information. If my case wasn't getting approved this is what I was going to do myself.

It's a literal mess out there for folks with 2012 PD and facing retrogression. Based on CO's chat EB2 has 80,980 visas available and 75,980 pending cases to be approved. As EB2 FAD keeps moving, folks will interfile and ask USCIS to use EB2 as underlying basis. As soon as EB2 demand (pending cases: straight + interfile) goes above 80980, 7% rule will kick in and EB2 will retrogress till ROW demand is first met. It will eventually leap frog in Q4-FY22 like it happened this year and when that happens you may want to be in MSC than in SRC. Again there are lot of unknown variables that you have no control over. I'd suggest speak to third party immigration attorney, who is up to speed on latest proceedings and get some more insights that will help you make an informed decision.

[monsieur]

.... If I were you, I'd file another AOS with EB2 I-140 just to get out of SRC and have my case processed with MSC....

How you can file to particular Service center? AFAIK service center receive cases based on applicant geo location. As west coast resident my case will not go directly to Vermont and it will go to LIN. Internally these centers are free to move around case based on their workload.

If you know a trick please share with wider audience

[LightAtEndOfTunnel]

How you can file to particular Service center? AFAIK service center receive cases based on applicant geo location. As west coast resident my case will not go directly to Vermont and it will go to LIN. Internally these centers are free to move around case based on their workload.

If you know a trick please share with wider audience

There is no trick. This is based on what we saw last year. Your 485 application will go to either Phoenix / Dallas lockbox facility and from there it will get routed to MSC (with a good chance). There were straight filing cases that landed in LIN and SRC too. If that happens to you, then at that point you just have to give up and curse your poor luck.

PS: (Google: 485 direct filing location and from first result on USCIS page CTRL+F for "140")

[gsingh]

We are just making decisions based on data we have seen thus far. My case was a bit different, my file was documentarily complete and was just waiting for an officer assignment. The problem is that SRC is not even transferring cases out to MSC. They don't have staff / capacity to dig boxes out of archives and ship them to MSC with all the tracking information updated. If I was in your boots I'd take chances with administrative hold or whatever USCIS may decide to do later on. Also I have seen a lot of lawyers (even Fragomen) are advising based on anecdotal evidences/experiences. The lawyer I spoke to, didn't know anything about MSC approval rates vs SRC / LIN approval rates (the data you get from Telegram groups or Hilites website), so I could clearly see he wasn't up to speed. You can ask your company lawyer if they can share a copy of latest USCIS SOP (standard operating procedure) manual. Most lawyers have acquired it through FOIA. You could too but it would take a few months for you. Read through USCIS SOP to see how USCIS handles cases where there are two outstanding AOS from employment based petition and get first hand information. If my case wasn't getting approved this is what I was going to do myself.

It's a literal mess out there for folks with 2012 PD and facing retrogression. Based on CO's chat EB2 has 80,980 visas available and 75,980 pending cases to be approved. As EB2 FAD keeps moving, folks will interfile and ask USCIS to use EB2 as underlying basis. As soon as EB2 demand (pending cases: straight + interfile) goes above 80980, 7% rule will kick in and EB2 will retrogress till ROW demand is first met. It will eventually leap frog in Q4-FY22 like it happened this year and when that happens you may want to be in MSC than in SRC. Again there are lot of unknown variables that you have no control over. I'd suggest speak to third party immigration attorney, who is up to speed on latest proceedings and get some more insights that will help you make an informed decision.

Thanks you for your input. I will consult an attorney.
Congratulations on getting the approval.

[LightAtEndOfTunnel]

Interfiling vs New I-485

Based on responses from a telegram group I have created a doc (https://docs.google.com/document/d/1yox1yA6Io0QSDXl-NptaaoWxhPgoNmkJ/edit)that discusses pros and cons of interfiling vs new I-485. Feel free to take a look and it goes with standard disclaimer that these inputs are coming from a regular joe who is not a lawyer.

[android09]

There is no trick. This is based on what we saw last year. Your 485 application will go to either Phoenix / Dallas lockbox facility and from there it will get routed to MSC (with a good chance). There were straight filing cases that landed in LIN and SRC too. If that happens to you, then at that point you just have to give up and curse your poor luck.

PS: (Google: 485 direct filing location and from first result on USCIS page CTRL+F for "140")

Read a post on trackitt and don?t know how true this is. Person filed fresh I-485 because previous 485 is languishing in SRC. New petition went to MSC and received receipts. 2 weeks later, got a message that there is an existing application at the Texas service center, the new application is being transferred to Texas and TSC will now have jurisdiction. Don?t know what to think of that !!

[march1612]

URGENT::

My cousin need to travel to India urgently and he has valid H1B visa until 2023 but need to go for visa stamping and his EAD/AP is pending since 2020.

Will his EAD/Ap application gets denied if I travel to India and enter on H1B visa?

[newyorker123]

URGENT::

My cousin need to travel to India urgently and he has valid H1B visa until 2023 but need to go for visa stamping and his EAD/AP is pending since 2020.

Will his EAD/Ap application gets denied if I travel to India and enter on H1B visa?

Not sure, but as per my lawyer - the AP application only might get denied. EAD should be fine.
Did you mean he has H1b approval until 2023, or H1b visa until 2023 ? In the latter case, he would not need any stamping.

[LeoAugust]

URGENT::

My cousin need to travel to India urgently and he has valid H1B visa until 2023 but need to go for visa stamping and his EAD/AP is pending since 2020.

Will his EAD/Ap application gets denied if I travel to India and enter on H1B visa?

Only AP. He can comeback and apply 131. He can travel and comeback w/o any worry.

[soopergal]

Hi All, my PD is 10/25/2011 in EB2. I am currently in the middle of changing employers and going to have to start new GC filing. I need some help in understanding my situation while the employer attorneys are also working on my case. My priority date was current since July 2021 and based on that my current employer asked for 3 years on H1b. As I changing employers, the new employer says it may not be possible to get another h1b until 2024 since the priority date is current. I believe I have to file 485 until June 2022, is that right? What kind of trouble I could get into if I am not able to file 485 before that? also what could be one of the ways I could still file 485 and get my GC while the dates are current? I am agonizing over this and have paid a couple attorney's for their expert opinions but they haven't been able to help much. I will be super grateful to anyone who can provide some insights on my case. I can provide any additional details if needed.

Priority date = 10/25/2011 (**corrected PD to 10/25/2011)
most recent h1b approved from Oct 1 2021 to Sep 30 2024

[qesehmk]

Hi All, my PD is 11/25/2011 in EB2. I am currently in the middle of changing employers and going to have to start new GC filing. I need some help in understanding my situation while the employer attorneys are also working on my case. My priority date was current since July 2021 and based on that my current employer asked for 3 years on H1b. As I changing employers, the new employer says it may not be possible to get another h1b until 2024 since the priority date is current. I believe I have to file 485 until June 2022, is that right? What kind of trouble I could get into if I am not able to file 485 before that? also what could be one of the ways I could still file 485 and get my GC while the dates are current? I am agonizing over this and have paid a couple attorney's for their expert opinions but they haven't been able to help much. I will be super grateful to anyone who can provide some insights on my case. I can provide any additional details if needed.

Priority date = 11/25/2011
most recent h1b approved from Oct 1 2021 to Sep 30 2024

Just file the 485 without worrying about anything else. Then you can think of any other thing.

[idliman]

Hi All, my PD is 11/25/2011 in EB2. I am currently in the middle of changing employers and going to have to start new GC filing. I need some help in understanding my situation while the employer attorneys are also working on my case. My priority date was current since July 2021 and based on that my current employer asked for 3 years on H1b. As I changing employers, the new employer says it may not be possible to get another h1b until 2024 since the priority date is current. I believe I have to file 485 until June 2022, is that right? What kind of trouble I could get into if I am not able to file 485 before that? also what could be one of the ways I could still file 485 and get my GC while the dates are current? I am agonizing over this and have paid a couple attorney's for their expert opinions but they haven't been able to help much. I will be super grateful to anyone who can provide some insights on my case. I can provide any additional details if needed.

Priority date = 11/25/2011
most recent h1b approved from Oct 1 2021 to Sep 30 2024
Dear Kara Zor-El,
There are two main options for you. 1) Stay with current employer 2) Work with the new employer.

Stay with Current Employer (for a minimum of 180+ days after I-485):
Obviously you would stop the process of moving to a new employer. Your PD is FA current. You will file I-485 ASAP and stay with the same employer for 180 days from the "Received Date" of I-485. This entitles you to the provision of AC21 job portability. Also locks the age of dependent kids. You don't have to do PERM and I-140 anymore. All you need is a justification that the job is in the "same or similar" classification (aka I-485 Supplement J form). Also you get the EAD/AP benefit with a pending I-485. This is a good backup to H1B. Even if you take a 20% pay cut, I would advise anyone to do this and somehow stay employed with same employer for 180 days after I-485 has been filed.

Move to new Employer:
You would do this only if your current employer is refusing to file I-485 (if this is happening, feel free to ask; there may be ways to address this) or your new job is super awesome (that you don't care about GC). In this case, you need to redo PERM and I-140. This would take 1.5 years or so. Then you will file I-485. Not a smart decision as your PD is FA current.

Stay with Current Employer, File I-485 and then move before 180 days:
In this case you will not be eligible for AC21 portability. AC21 is the most important benefit of filing I-485 (before getting card approval). I would advise anyone against doing this.

H1B Extension:
When your PD is FA current, you can get only 1 year extension of H1B. It does not matter if you are with the same employer or a different employer. H1B extension is independent of I-485. H1B is non-immigrant visa. GC is immigrant visa. But you need to make sure that you maintain compatible statues.

Filing I-485:
Once your PD is FA current you can file I-485. Don't know much about Consular Processing. But why would someone wait to file I-485 once the PD is FA current? You shoud do it even if your DF is current. As AC21 law gives so much protection to those people who had filed I-485 after 180 days.

If you have more specific scenarios, please ask. Your question seems too broad. Once you read more and understand the process, you will have the knowledge to analyze the situation and make a decision. Good Luck.

[newyorker123]

Thank you @Idliman. This is very comprehensive.
Follow up question: How does above change, when I am not working for the I-485 filing company ? My ex-company provided the Supplement J, and I-485 was recently filed on the basis of that. I have not re-joined my ex-company.

In case I receive my GC in 4-5 months (wild - I know, but has happened to few NBC people this year), do I need to join my ex-company right then ?

In case I do not receive my GC in 6+ months, should I ask my employer at that time to file Supplement J ? Or wait for the interview to produce I485J ? Then some people do not have the interview either.

[ImmiGiveMe]

What's the prediction for (EB2 and EB3) in Dec 2021 VB FAD chart????

[newyorker123]

What's the prediction for (EB2 and EB3) in Dec 2021 VB FAD chart????

IIRC, As per Charlie, nothing for EB3 and couple of months for EB2.

[soopergal]

Thanks a lot for your reply. I believe I have not specified details regarding current employer. My current employer has not even started GC they are saying GC will be started 1 year later since I joined last month. The only reason I am switching to new employer beginning Dec is because they promised to file GC from day 1. A little bit backstory if it is helpful -

--I have been on h1b since 2009,
--PERM filed and i140 approved by consulting firm 'S' first time in EB3 in 2011 (thats why PD = 10/25/2011) ,
--later another consulting firm filed PERM and i140 in EB2 and ported PD - so I was able to port from EB3 to EB2 with approved i140 by this new employer 'O'.
--there is no way to go back and join companies 'S' or 'O' that filed my PERM and i140 in EB2 or EB3 (they were both owned by the same person and basically went out of business)
--I moved on and started fulltime job at company 'M' in 2017. They promised but never started PERM process.
--Fast forward to 2020, I quit my fulltime job with Company 'M'. I was on H1b with them until Apr 2020 and I did a COS to H4 in Apr 2020,
--got H4EAD approved in July 2021 (H4EAD validity until Sep 2021, took several months of processing time due to COVID)
--Filed extension in Sep 2021 for H4 & H4EAD which is pending adjudication.
--Got a job with company A in Sep 2021 and they filed COS to H1b (Validity Oct 1 2021 to Sep 2024). They said they will file PERM after 1 year of employment as per company policy.
--Got another job offer from company B in Oct 2021 and they are willing to file PERM on day 1. They're still evaluating my case and their attorney basically said it may be difficult to get another H1b extension until 2024 using AC21 (hence my questions above).
--All this while I have never been able to file 485.

I've been in such a roller coaster since past couple years honestly I cant wait to get off this GC train. so with all this information (probably too much info lol) -

Does it seem problematic to file H1b again and get validity until 2024 using AC21?

[idliman]

Thank you @Idliman. This is very comprehensive.
Follow up question: How does above change, when I am not working for the I-485 filing company ? My ex-company provided the Supplement J, and I-485 was recently filed on the basis of that. I have not re-joined my ex-company.

In case I receive my GC in 4-5 months (wild - I know, but has happened to few NBC people this year), do I need to join my ex-company right then ?

In case I do not receive my GC in 6+ months, should I ask my employer at that time to file Supplement J ? Or wait for the interview to produce I485J ? Then some people do not have the interview either.
This is a tricky situation. However this is applicable for many people. I will respond with my interpretation (I am not an attorney). Refer to Article 245.25 of the Law for official wording.
eCFR :: 8 CFR 245.25 -- Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment. (https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-245/section-245.25)

The law specifies three requirements for AC21 portability:

Employment offer is continuing
Qualifying petition has been pending for 180 days or more and
Demonstrate the intention of the applicant to be employed under the continuing or new employment offer.

Once you work for the same employer for 180 days, USCIS widely accepts that you had demonstrated the intent to be employed for future GC job. In your case, your job offer is a future one and you are not actually working for the same employer. So everything comes to demonstration of "intent" / "honesty" which cannot readily be quantified.

I would argue that once your I-140 has been approved (before or after 180 days, wait to clear it for safety) and I-485 through future employer is pending for 180 days you are eligible for AC21 portability. So after 180 days you are not required to join the "future job" employer. You can do an AC21 and join any company that can provide you a I-485 Supp J "same or similar classification" justification. It all comes to intent.

I want everyone to be extra careful about what happens after you get your GC. IMO, you are required to work for initial employer OR the last employer that provided you I-485 Supp J, for atleast 6 months after getting GC. GC is provided for a future job and if you are not working in that job after getting GC, you are basically cheating. Not many care about this once GC is approved. However, it would be very hard to demonstrate the "intent" if USCIS comes after you. This is rare, but it happens especially during N-400 (Citizenship).

[newyorker123]

Thank you Idliman.
My I-140 with the ex-employer was approved many years ago.
I believe your understanding matches mine.
If I get GC by any chance in < 6 months, I should join ex-employer.
However if 6 months elapse, I have options: Either join my ex-employer whenever I get GC, or ask my employer at that time to invoke AC21 and file Supplement J.

[idliman]

Thank you Idliman.
My I-140 with the ex-employer was approved many years ago.
I believe your understanding matches mine.
If I get GC by any chance in < 6 months, I should join ex-employer.
However if 6 months elapse, I have options: Either join my ex-employer whenever I get GC, or ask my employer at that time to invoke AC21 and file Supplement J.
If you had crossed 180 days and you intent to work for the current employer, ask them to file I-485 Supp J proactively. The clean way is to do it before you get GC. However, the attorneys will advise that wait for RFE and then respond with I-485 Supp J. But you need to let them know that you intend to work for this employer and hence you need to file I-485 Supp J proactively.

If GC is approved before you send in I-485 Supp J, I would advise you to work for the employer who promised "future GC job". GC is issued based on a contract between you and the employer. The employer promises a job and you agree to work in that job after GC. Hope this helps.

[newyorker123]

If you had crossed 180 days and you intent to work for the current employer, ask them to file I-485 Supp J proactively. The clean way is to do it before you get GC. However, the attorneys will advise that wait for RFE and then respond with I-485 Supp J. But you need to let them know that you intend to work for this employer and hence you need to file I-485 Supp J proactively.

If GC is approved before you send in I-485 Supp J, I would advise you to work for the employer who promised "future GC job". GC is issued based on a contract between you and the employer. The employer promises a job and you agree to work in that job after GC. Hope this helps.

Completely agree. Thanks!

[idliman]

Thanks a lot for your reply. I believe I have not specified details regarding current employer. My current employer has not even started GC they are saying GC will be started 1 year later since I joined last month. The only reason I am switching to new employer beginning Dec is because they promised to file GC from day 1. A little bit backstory if it is helpful -

I have been on h1b since 2009,
GC filed by consulting firm first time in EB3 in 2011 (thats why PD = 11/2011),
later another consulting firm filed in EB2 and ported PD.
I moved on and changed several companies.
there is also no way to go back and join company that filed my GC in EB2 or EB3 (they were both owned by the same person and basically went out of business)
Fast forward to 2020, I quit my job and did a COS to H4 in 2020,
got H4EAD in July 2021 (H4EAD validity until Sep 2021, took several months of processing time due to COVID)
Filed extension in Sep 2021 for H4 & H4EAD which is pending adjudication.
Got a job with company A and filed COS to H1b (Validity Oct 1 2021 to Sep 2024). They said they will file GC after 1 year as per company policy.
Got another job offer from company B willing to file GC on day 1. They're still evaluating my case and their attorney basically said it may be difficult to get another H1b extension until 2024 using AC21 (hence my questions above).

I've been in such a roller coaster since past couple years honestly I cant wait to get off this GC train. so with all this information (probably too much info lol) -

Does it seem problematic to file H1b again and get validity until 2024 using AC21?
Dear Kara Zor-Al (soopergal),

You have a EB3I Nov2011 PD. Your Final Action (FA) current now. By GC filed by the consultancy company, you actually mean that PERM and I-140 was filed and approved. Please correct me if I-485 has already been filed. That changes the entire writeup below. For reference, you may need to obtain approved copies of your PERM and I-140. You can do a FOIA (separate topic for another day). You now are working in H4EAD status. You have filed COS back to H1B or already working in H1B status. Another company is willing to file GC on day 1.

Based on my understanding of your current situation, take up job with any compnay that promises to get started on GC process on Day 1. I believe you are already working for such a company. The easy option is to request the original company to support you in I-485, but you had mentioned that they are no longer in business. As you are not working for the company that did original PERM and I-140, you need to redo the PERM and I-140 process again. The PERM starts with prevailing wage determination, ad, hiring and then submission of PERM to DOL office. In the current situation PERM takes 1+ years. If there is any audit it may take even 1.5 or 2 years. After PERM, the company will apply for I-140. As your FA PD is current (the old PD can be recaptured), you can concurrently file I-140 and I-485 (GC Application or Adjustment of Status - AOS to Permanant Resident). You still have a long way to go. The first step is PERM and then it is followed by I-485. If you have a option to select, I would suggest going with EB2 instead of EB3 for your PD.

You need to keep H1B valid till you send in I-485 form and wait for 180 days after that.

The immigration process might seem intimidating at first. But things will get better once you read more and know more about immigration. Good Luck.

[soopergal]

Dear Kara Zor-Al (soopergal),

You have a EB3I Nov2011 PD. Your Final Action (FA) current now. By GC filed by the consultancy company, you actually mean that PERM and I-140 was filed and approved. Please correct me if I-485 has already been filed. That changes the entire writeup below. For reference, you may need to obtain approved copies of your PERM and I-140. You can do a FOIA (separate topic for another day). You now are working in H4EAD status. You have filed COS back to H1B or already working in H1B status. Another company is willing to file GC on day 1.

Based on my understanding of your current situation, take up job with any compnay that promises to get started on GC process on Day 1. I believe you are already working for such a company. The easy option is to request the original company to support you in I-485, but you had mentioned that they are no longer in business. As you are not working for the company that did original PERM and I-140, you need to redo the PERM and I-140 process again. The PERM starts with prevailing wage determination, ad, hiring and then submission of PERM to DOL office. In the current situation PERM takes 1+ years. If there is any audit it may take even 1.5 or 2 years. After PERM, the company will apply for I-140. As your FA PD is current (the old PD can be recaptured), you can concurrently file I-140 and I-485 (GC Application or Adjustment of Status - AOS to Permanant Resident). You still have a long way to go. The first step is PERM and then it is followed by I-485. If you have a option to select, I would suggest going with EB2 instead of EB3 for your PD.

You need to keep H1B valid till you send in I-485 form and wait for 180 days after that.

The immigration process might seem intimidating at first. But things will get better once you read more and know more about immigration. Good Luck.

Thanks so much for your reply idliman!

I have edited my post to add some more clarity. Just to mention again - I have never filed 485.

Based on my situation it seems my next step is to join the company that is willing to start PERM process on day 1. I am doing just that starting Dec. I am just not sure of the impact of having FA dates current on H1b approvals. I know of people getting EAD/AP approved and still holding on to their H1bs without any issues until 485 is approved.

My question is:

1. Based on Fragomen and another Bay area attorney the rule is that I have to file 485 within the 1 year (i.e. June 2022 coz apparently my FA dates were current in July 2021) of my FA dates being current. So what happens if I dont have PERM & i140 approved before the 1 year mark?
2. Do I have to go for H1b lottery again?
3. Current company (who is willing to start the PERM process after 1 year of employment) was able to get 3 year validity on the H1b filed in Oct 2021. Is there is a limit to the number of times I can get H1b approval since my 485 is not filed within the 1 year limit of being 'current'?



super grateful for this forum and appreciate all the help and insights!

[monsieur]

folks can share "suggestions" if we know whats exactly the case is. Immigration process has its own jargon and forum users are so used to it. Let me take a crack here

Based on your post it seems your status in Oct was H4 and you were planning to join Comp-A on H1 and got 3 yr approval. But they will not start GC till 2022, so you are looking to join comp-B in Dec who is willing to start GC process on Day-1. Is this correct? If yes, then read fwd otherwise share your visa status as of NOW

As Idliman mentioned, you have to start your perm 1st and then 140/485 together if dates are current. As you will be joining within 3-4 weeks, my recommendation will be to start working with your future employer Immigration team and kick off your perm process. First phase has lots of documentation collection (job role, experience letters, EB2/3 determination, prevailing wage determination) which may take 3-4 months so start now esp the document collection part, instead of waiting for your start date.

I am surprised you got 3 yrs H1 as your dates were current. It maybe coz company didn't filed for your Perm and I-140 yet. Well it doesn't matter now, you will be eligible for unlimited 1-yr extension till your GC process is complete (approval of I-140 and then I-485). Company just have to show your case is filed and USCIS will take care of it next. As company will be spending on yearly H1 extension, its in their best interest to start their GC process ASAP.



Thanks so much for your reply idliman!

I have edited my post to add some more clarity. Just to mention again - I have never filed 485.

Based on my situation it seems my next step is to join the company that is willing to start PERM process on day 1. I am doing just that starting Dec. I am just not sure of the impact of having FA dates current on H1b approvals. I know of people getting EAD/AP approved and still holding on to their H1bs without any issues until 485 is approved.

My question is:

1. Based on Fragomen and another Bay area attorney the rule is that I have to file 485 within the 1 year (i.e. June 2022 coz apparently my FA dates were current in July 2021) of my FA dates being current. So what happens if I dont have PERM & i140 approved before the 1 year mark?
2. Do I have to go for H1b lottery again?
3. Current company (who is willing to start the PERM process after 1 year of employment) was able to get 3 year validity on the H1b filed in Oct 2021. Is there is a limit to the number of times I can get H1b approval since my 485 is not filed within the 1 year limit of being 'current'?



super grateful for this forum and appreciate all the help and insights!

[soopergal]

folks can share "suggestions" if we know whats exactly the case is. Immigration process has its own jargon and forum users are so used to it. Let me take a crack here

Based on your post it seems your status in Oct was H4 and you were planning to join Comp-A on H1 and got 3 yr approval. But they will not start GC till 2022, so you are looking to join comp-B in Dec who is willing to start GC process on Day-1. Is this correct? If yes, then read fwd otherwise share your visa status as of NOW

As Idliman mentioned, you have to start your perm 1st and then 140/485 together if dates are current. As you will be joining within 3-4 weeks, my recommendation will be to start working with your future employer Immigration team and kick off your perm process. First phase has lots of documentation collection (job role, experience letters, EB2/3 determination, prevailing wage determination) which may take 3-4 months so start now esp the document collection part, instead of waiting for your start date.

I am surprised you got 3 yrs H1 as your dates were current. It maybe coz company didn't filed for your Perm and I-140 yet. Well it doesn't matter now, you will be eligible for unlimited 1-yr extension till your GC process is complete (approval of I-140 and then I-485). Company just have to show your case is filed and USCIS will take care of it next. As company will be spending on yearly H1 extension, its in their best interest to start their GC process ASAP.

thanks so much for your response monsieur. Yes you're right about this "your status in Oct was H4 and you were planning to join Comp-A on H1 and got 3 yr approval. But they will not start GC till 2022, so you are looking to join comp-B in Dec who is willing to start GC process on Day-1"

I am slowly getting back to conversing in GC lingo recently - I guess the Trump years made me completely go out to touch with tracking GC progress.

Thanks for confirming that I will be eligible for unlimited 1 year h1b extensions until I get GC in hand. I was kind of panicking about the whole 1 year limit thing.

[Spectator]

I've updated the figures at:

(a) Live Discussion (Selected Statistics) (https://www.qesehmk.org/forums/showthread.php/2982-PERM-Certifications-For-FY2021-Quarter-4-(Selected-Statistics)) which everyone can see.

(b) FACTS & DATA PERM/Labor Data (https://www.qesehmk.org/forums/forumdisplay.php/59-PERM-Labor-Data) which you need to be signed in to view.

[qesehmk]

I wish everybody a very happy Diwali. May your life fill with joy, happiness, and prosperity. May you all get approved coming year - especially with the Nadler/Lofgren proposed provision as it relates to country caps.

1843

[soopergal]

Dear Kara Zor-El,
There are two main options for you. 1) Stay with current employer 2) Work with the new employer.

Stay with Current Employer (for a minimum of 180+ days after I-485):
Obviously you would stop the process of moving to a new employer. Your PD is FA current. You will file I-485 ASAP and stay with the same employer for 180 days from the "Received Date" of I-485. This entitles you to the provision of AC21 job portability. Also locks the age of dependent kids. You don't have to do PERM and I-140 anymore. All you need is a justification that the job is in the "same or similar" classification (aka I-485 Supplement J form). Also you get the EAD/AP benefit with a pending I-485. This is a good backup to H1B. Even if you take a 20% pay cut, I would advise anyone to do this and somehow stay employed with same employer for 180 days after I-485 has been filed.

Move to new Employer:
You would do this only if your current employer is refusing to file I-485 (if this is happening, feel free to ask; there may be ways to address this) or your new job is super awesome (that you don't care about GC). In this case, you need to redo PERM and I-140. This would take 1.5 years or so. Then you will file I-485. Not a smart decision as your PD is FA current.

Stay with Current Employer, File I-485 and then move before 180 days:
In this case you will not be eligible for AC21 portability. AC21 is the most important benefit of filing I-485 (before getting card approval). I would advise anyone against doing this.

H1B Extension:
When your PD is FA current, you can get only 1 year extension of H1B. It does not matter if you are with the same employer or a different employer. H1B extension is independent of I-485. H1B is non-immigrant visa. GC is immigrant visa. But you need to make sure that you maintain compatible statues.

Filing I-485:
Once your PD is FA current you can file I-485. Don't know much about Consular Processing. But why would someone wait to file I-485 once the PD is FA current? You shoud do it even if your DF is current. As AC21 law gives so much protection to those people who had filed I-485 after 180 days.

If you have more specific scenarios, please ask. Your question seems too broad. Once you read more and understand the process, you will have the knowledge to analyze the situation and make a decision. Good Luck.

Hi Idliman,

here is what the new employer's attorney came back with :

"To clarify, if we proceed with the H-1B Change of Employer we would only be able to ask for a year 1 extension on the H-1B. I wanted you to understand the risks involved here since you have a much longer approval period currently. That 1 year would pose a very tight timeline to get to the I-485 stage and will most likely still result in a significant gap in work authorization.

We could in theory onboard you in H-1B status and then look to file a change of status to H-4 with an H-4 EAD, but even that could take more than a year to process. There is also no guarantee the H-4 EAD would be approved as the same time as the H-4 (meaning no work authorization).

Please let us know how you would like to proceed. My general recommendation for anyone would be to ensure they have long term work authorization and have enough status remaining to get to the final green card stage (I-485). As you?ve done PERM before, you understand that 1+ year for PERM is very normal and could take longer to even get the PERM approval (let alone the I-140/I-485).

Now, your Priority Date may not be current by the next time you?re up for an H-1B extension, but of course there is no way to predict that. That is risky to bank on. For now, the safest approach is to assume your priority date will stay current throughout the next year and foreclose any ability to continue to extend the H-1B.

Please let us know if you have any other questions. The team will for now continue with the H-1B change of employer, but if you decide to stay with your current employer please be sure to speak with your recruiter and notify us as well."


A little perplexed at this :

my question is how was my current employer able to receive 3 years on h1b if my dates were current? and if they can then why can't the new employer get the same? any thoughts on this...

also it looks like the attorney is saying from here on out I can only get 1 year H1b approval - just ONCE. Not sure why that is? I guess monsieur here said I could unlimited 1 year extensions until I get GC? I must have misinterpreted something.

[gammaray]

Hi Idliman,


A little perplexed at this :

my question is how was my current employer able to receive 3 years on h1b if my dates were current? and if they can then why can't the new employer get the same? any thoughts on this...

also it looks like the attorney is saying from here on out I can only get 1 year H1b approval - just ONCE. Not sure why that is? I guess monsieur here said I could unlimited 1 year extensions until I get GC? I must have misinterpreted something.

That is correct, I think the Trump admin revised the regulations in 2017 and you get only one 1-year h1b extension if your I-485 is applied more than 1 year of the FAD becoming current ( I believe the clock resets if the FAD is retrogressed anytime within that 1 year). If the I-485 is applied within 1 year of the FAD being current then I think you can do multiple 1-year h1b extensions till the I-485 is approved.

If you have to do the PWD and PERM stages then it's likely the I-485 application won't be ready before the 1 year period from the FAD being current is over. Especially if there is an audit on the PERM.

Since your date just got current, likely it was an USCIS oversight to allow for a 3 year h1b extension for the current employer.

[soopergal]

That is correct, I think the Trump admin revised the regulations in 2017 and you get only one 1-year h1b extension if your I-485 is applied more than 1 year of the FAD becoming current ( I believe the clock resets if the FAD is retrogressed anytime within that 1 year). If the I-485 is applied within 1 year of the FAD being current then I think you can do multiple 1-year h1b extensions till the I-485 is approved.

If you have to do the PWD and PERM stages then it's likely the I-485 application won't be ready before the 1 year period from the FAD being current is over. Especially if there is an audit on the PERM.

Since your date just got current, likely it was an USCIS oversight to allow for a 3 year h1b extension for the current employer.

Thanks Gammaray. I wasn't aware of this.

So in this case how can someone file their 485? (just hope and pray that the dates retrogress?)

What happens if I am not able to get H1b extension after 1 year and don't have an approved PERM?? Do I start with H1b lottery?

[gammaray]

Thanks Gammaray. I wasn't aware of this.

So in this case how can someone file their 485? (just hope and pray that the dates retrogress?)

What happens if I am not able to get H1b extension after 1 year and don't have an approved PERM?? Do I start with H1b lottery?

You cant file for an "Adjustment of Status" if you can't remain in the country in a valid non-immigrant status. You will have to leave the country, wait till the PERM and I-140 are approved and apply for consular approval for the green card. Hence the lawyer's indication that there could be a significant gap in employment.
You need to discuss clearly with your lawyer and decide the way forward. (To me it seems clear what the lawyer is suggesting -- changing employers at this stage opens you to a lot of risk in the future. And by future I mean in the next 1 year.)

[soopergal]

You cant file for an "Adjustment of Status" if you can't remain in the country in a valid non-immigrant status. You will have to leave the country, wait till the PERM and I-140 are approved and apply for consular approval for the green card. Hence the lawyer's indication that there could be a substantial gap in employment.
You need to discuss clearly with your lawyer and decide the way forward. (To me it seems clear what the lawyer is suggesting -- changing employers at this stage opens you to a lot of risk in the future.)

Thanks Gammaray. Appreciate your inputs.

I also have a pending H4/H4EAD application since Sep 2021 (filed by my husband's employer). Fragomen said that even though I did a COS to H1b my H4/H4EAD applications may be approved.

if it does get approved, Is it possible for me to go outside the country and come in the US on H4EAD?

or it is possible that those applications will be denied and I will have to apply for another COS application for H4/H4EAD if I wanted to go that route.

My trouble is, current employer is not willing to start PERM process until 1 year of employment as per company policy. That is why I am trying to join another company that promised to start PERM process on day 1.

[YTeleven]

Thanks Gammaray. Appreciate your inputs.

I also have a pending H4/H4EAD application since Sep 2021 (filed by my husband's employer). Fragomen said that even though I did a COS to H1b my H4/H4EAD applications may be approved.

if it does get approved, Is it possible for me to go outside the country and come in the US on H4EAD?

or it is possible that those applications will be denied and I will have to apply for another COS application for H4/H4EAD if I wanted to go that route.

My trouble is, current employer is not willing to start PERM process until 1 year of employment as per company policy. That is why I am trying to join another company that promised to start PERM process on day 1.

Why can't you go back to your original employer who got the i-140 approval for you? Is he out of the business? If your spouse already had 140 petition why do you want one more?
Safer way is to transfer H1 in premium and once you get the confirmation of 3 years approval then start with new employer. Sometimes USCIS may give 3 years approval if you ask for 3 years.
Another option may be try concurrent H1B filing with new employer NOT the H1B transfer.

[akumar03]

Hello Friends/Gurus,

Wish you a very happy and prosperous Diwali!

We (I being the primary applicant) just filed our I-485 applications in September 2021 (RD: 09/07;ND: 09/09; BM completed: 10/15; I-485J ND: 10/26; PD: EB2I 06/22/2011; SC: NBC).

My wife (who works with EPA for federal and private power and energy sector clients) has received a letter from her company showing the loss of business opportunities and requesting USCIS to expedite her I-485 application. Is there any possibility USCIS can expedite such request? If yes, then what would be the best way to reach out to USCIS for such expedited request, email, phone, or live agent chat?

Appreciate if someone could guide me here. Thanks in advance!

[monsieur]

Is it possible for me to go outside the country and come in the US on H4EAD?




Just be clear if you go out and come back as dependent then your status will change from H1-B to H4-B. There is no such visa status as H4EAD.

You have to apply for EAD on H4 visa which is granted if primary is on H1-B and has approved I-140. Application goes thru its normal processing which as of now is 6-9months.

[gammaray]

Thanks Gammaray. Appreciate your inputs.

I also have a pending H4/H4EAD application since Sep 2021 (filed by my husband's employer). Fragomen said that even though I did a COS to H1b my H4/H4EAD applications may be approved.

if it does get approved, Is it possible for me to go outside the country and come in the US on H4EAD?

or it is possible that those applications will be denied and I will have to apply for another COS application for H4/H4EAD if I wanted to go that route.

My trouble is, current employer is not willing to start PERM process until 1 year of employment as per company policy. That is why I am trying to join another company that promised to start PERM process on day 1.

Not sure how the H4 rules will apply. I would think it would the "last action" rule that would be applicable. If your H4 extension is approved after your COS is approved then maybe the H4 would be valid. Not sure. The lawyer should be able to answer this easily.

Sounds like your spouse's I-485 hasn't been applied for since that would have been the easiest route -- with you as the dependent.

If you have a 3-year h1b visa then it shouldn't be a problem is the current employer starts the process after a year (besides the fact you will have to wait another year). I think what you need to confirm with the lawyers is when the I-485 finally is applied for 2-3 years down the line, that you will be eligible to do so since the PD would have been current for so long. If that is the case then staying with the current employer is the least risky option.

To answer your original question about h1b lottery -- no you will not be eligible for the h1b lottery. To get fresh 6 years of h1b and go through the lottery you would have to be physically outside the country for a year.

[idliman]

my question is how was my current employer able to receive 3 years on h1b if my dates were current? and if they can then why can't the new employer get the same? any thoughts on this...

also it looks like the attorney is saying from here on out I can only get 1 year H1b approval - just ONCE. Not sure why that is? I guess monsieur here said I could unlimited 1 year extensions until I get GC? I must have misinterpreted something.
First Q Regrding 3 year extension

Extension of H1B beyond 6 years can be done only with American Competitiveness in the 21st Century Act (AC21). You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit (PERM submitted 1+ years before). Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available (meaning Priority Date in Visa Bulletin is not current), one may apply for three-year extensions of your H-1B status.

In your case when you applied for H1-B extension (the exact date and month), you need to check if your PD (25OCT2011 ? EB3I) was current when the H1B application reached USCIS (received date). Your PD was current from May 2021 VB onwards. If your H1B application was sent before this date to USCIS, then a 3 year H1B extension is allowed. If it was sent after May 2021, USCIS should not have provided you a 3 year H1B extension per law (only a 1 year extension is allowed). I would consider it as USCIS error in your favor.

Now once you move to a new employer, they will do a H1B transfer. H1B is for a specific job at a specific location for a specific employer. So the attorneys are saying that you will likely get only a 1 year H1B when your H1B is transferred to the new employer. As I had mentioned before PERM itself will take 1+ years. Then it is followed by I-140 / I-485. Also H1B extension approvals take a lot of time. H4 EAD process is also very slow. You are at the mercy of the slow processing speed of USCIS.

It may be in your best interest to stay with the 3 year H1B employer and push for a PERM and I-140 ASAP. I would allow 1.5 to 2 years for the PERM + I-140. If you think they will drag their feet and will not get it done, then you have to take a risk and move to the new employer. Do everything fast. The risk is that you may reach a period where you don?t have work authorization in between renewals. You will be unable to work / unemployed.

Second Q Regarding Extension
My opinion is that you are eligible for unlimited extensions. However, you may have to wait 1+ years for a 1 year H1B extension. Don't know if there are any technicalities involved for your specific situation. Your PD may face retrogression but more or less it will be current. If you apply for H1B extension during retrogression, you will get a 3 year H1B extension.

I am not able to think of other options for you. May be some other forum members may provide creative solutions for you. Guys/Girls, if you think of any options please help out another forum member. We cannot leave a super girl trapped in Earth / USA.

[qesehmk]

Hello Friends/Gurus,

Wish you a very happy and prosperous Diwali!

We (I being the primary applicant) just filed our I-485 applications in September 2021 (RD: 09/07;ND: 09/09; BM completed: 10/15; I-485J ND: 10/26; PD: EB2I 06/22/2011; SC: NBC).

My wife (who works with EPA for federal and private power and energy sector clients) has received a letter from her company showing the loss of business opportunities and requesting USCIS to expedite her I-485 application. Is there any possibility USCIS can expedite such request? If yes, then what would be the best way to reach out to USCIS for such expedited request, email, phone, or live agent chat?

Appreciate if someone could guide me here. Thanks in advance!


Welcome to forum - there is no such provision in the law. The visa allocation is done strictly by country category and priority date. She can try to get to a more favorable category. But that's about it.

p.s. - The case processing can be expedited though (as long as her PD is current). I know cases from other situations (e.g. PERM processing) where PERM was approved in a day because somebody in government said he wants that case processed now. Visa allocation however can not be expedited.

[gammaray]

[B]Second Q Regarding Extension
My opinion is that you are eligible for unlimited extensions. However, you may have to wait 1+ years for a 1 year H1B extension. Don't know if there are any technicalities involved for your specific situation. Your PD may face retrogression but more or less it will be current. If you apply for H1B extension during retrogression, you will get a 3 year H1B extension.

I am not able to think of other options for you. May be some other forum members may provide creative solutions for you. Guys/Girls, if you think of any options please help out another forum member. We cannot leave a super girl trapped in Earth / USA.

Just to clarify since there are conflicting opinions offered here about the I-year extensions. I agree with the professional opinion of OP's lawyer that the 1-year extensions are not unlimited in this particular case i.e when the I-485 is not applied within 1-year of the PD being current. (or at least there is significant risk involved with USCIS denying further h1b extensions). Quick google search also has similar interpretations from other lawyer sites:

https://www.rnlawgroup.com/my-priority-date-is-current-am-i-eligible-for-additional-h-1b-extensions/

https://bizlegalservices.com/2021/03/19/changing-employers-h-1b-status/

[monsieur]

Second Q Regarding Extension
I am not able to think of other options for you. May be some other forum members may provide creative solutions for you. Guys/Girls, if you think of any options please help out another forum member. We cannot leave a super girl trapped in Earth / USA.

Other option I can think of working to Company-B using H4-EAD and start GC process. Primary H1 extension will be requested in timely manner and so is Soopergal H4-EAD. Nearing expiration she can try expediating her EAD application showing job loss/financial hardship and such. I am working with assumption here that Primary PD is after Soopergal thats the reason she is trying to get her GC process started. Primary will get 3 yr extension when time comes and so is H4-EAD will be 3 yrs as well.

I am not aware of any rule where company can't sponsor GC for employee working on H4-EAD. GC is for future job and if perm is approved, she can swtich to H1 if she would like to.

[akumar03]

Thanks Q! I guess we just need to wait for our turn then.

[inspired_p]

Just to clarify since there are conflicting opinions offered here about the I-year extensions. I agree with the professional opinion of OP's lawyer that the 1-year extensions are not unlimited in this particular case i.e when the I-485 is not applied within 1-year of the PD being current. (or at least there is significant risk involved with USCIS denying further h1b extensions). Quick google search also has similar interpretations from other lawyer sites:

https://www.rnlawgroup.com/my-priority-date-is-current-am-i-eligible-for-additional-h-1b-extensions/

https://bizlegalservices.com/2021/03/19/changing-employers-h-1b-status/
My spouse whose priority date was may 2009 never had problems getting 3 year H1B after the. Date became current from.two.different employers

So this is perplexing to me

[soopergal]

Why can't you go back to your original employer who got the i-140 approval for you? Is he out of the business? If your spouse already had 140 petition why do you want one more?
Safer way is to transfer H1 in premium and once you get the confirmation of 3 years approval then start with new employer. Sometimes USCIS may give 3 years approval if you ask for 3 years.
Another option may be try concurrent H1B filing with new employer NOT the H1B transfer.

Hi YTeleven, I cannot go back to original employer who got i-140 approval because they are out of business.

Spouse has approved i-140 but their PD is Nov 2016.

Yes I agree that I will start with new employer once I get 3 years approval. but I did not understand concurrent H1b filing? I am already working at current employer who has 3 years h1b approval. This new employer will do H1b Change of employer - their tentative star date is in Dec 2021.

thanks for your inputs, I appreciate it.

[soopergal]

My spouse whose priority date was may 2009 never had problems getting 3 year H1B after the. Date became current from.two.different employers

So this is perplexing to me

Please send similar good vibes for my H1b petition too! :) :) <prayer hands> :D

[soopergal]

Other option I can think of working to Company-B using H4-EAD and start GC process. Primary H1 extension will be requested in timely manner and so is Soopergal H4-EAD. Nearing expiration she can try expediating her EAD application showing job loss/financial hardship and such. I am working with assumption here that Primary PD is after Soopergal thats the reason she is trying to get her GC process started. Primary will get 3 yr extension when time comes and so is H4-EAD will be 3 yrs as well.

I am not aware of any rule where company can't sponsor GC for employee working on H4-EAD. GC is for future job and if perm is approved, she can swtich to H1 if she would like to.

Yes and yes. Spouse PD is Nov 2016 which is why we are trying to have an employer file new PERM process for me since my PD is current. Yes H4EAD has already been filed in September. Current employers attorney (Fragomen) thinks H4EAD application should still be approved even though we did COS to H1b. The plan was to switch to H4EAD if H1b was going to be approved only for a year. Thankfully it was approved until 2024. Now if only they did my PERM asap then I wouldn't have to go thru any of the trouble.

thanks for your reply monsieur!

[soopergal]

First Q Regrding 3 year extension

Extension of H1B beyond 6 years can be done only with American Competitiveness in the 21st Century Act (AC21). You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit (PERM submitted 1+ years before). Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available (meaning Priority Date in Visa Bulletin is not current), one may apply for three-year extensions of your H-1B status.

In your case when you applied for H1-B extension (the exact date and month), you need to check if your PD (25OCT2011 ? EB3I) was current when the H1B application reached USCIS (received date). Your PD was current from May 2021 VB onwards. If your H1B application was sent before this date to USCIS, then a 3 year H1B extension is allowed. If it was sent after May 2021, USCIS should not have provided you a 3 year H1B extension per law (only a 1 year extension is allowed). I would consider it as USCIS error in your favor.

Now once you move to a new employer, they will do a H1B transfer. H1B is for a specific job at a specific location for a specific employer. So the attorneys are saying that you will likely get only a 1 year H1B when your H1B is transferred to the new employer. As I had mentioned before PERM itself will take 1+ years. Then it is followed by I-140 / I-485. Also H1B extension approvals take a lot of time. H4 EAD process is also very slow. You are at the mercy of the slow processing speed of USCIS.

It may be in your best interest to stay with the 3 year H1B employer and push for a PERM and I-140 ASAP. I would allow 1.5 to 2 years for the PERM + I-140. If you think they will drag their feet and will not get it done, then you have to take a risk and move to the new employer. Do everything fast. The risk is that you may reach a period where you don?t have work authorization in between renewals. You will be unable to work / unemployed.

Second Q Regarding Extension
My opinion is that you are eligible for unlimited extensions. However, you may have to wait 1+ years for a 1 year H1B extension. Don't know if there are any technicalities involved for your specific situation. Your PD may face retrogression but more or less it will be current. If you apply for H1B extension during retrogression, you will get a 3 year H1B extension.

I am not able to think of other options for you. May be some other forum members may provide creative solutions for you. Guys/Girls, if you think of any options please help out another forum member. We cannot leave a super girl trapped in Earth / USA.

appreciate all your help idliman! Apologies for not being able to respond over the weekend. The plan now is to make the switch once I get 3 years H1b approval, LCA will be filed this week, H1b will be filed in Premium so we will know soon enough.

Please send good vibes thanks so much :D

[soopergal]

Just to clarify since there are conflicting opinions offered here about the I-year extensions. I agree with the professional opinion of OP's lawyer that the 1-year extensions are not unlimited in this particular case i.e when the I-485 is not applied within 1-year of the PD being current. (or at least there is significant risk involved with USCIS denying further h1b extensions). Quick google search also has similar interpretations from other lawyer sites:

https://www.rnlawgroup.com/my-priority-date-is-current-am-i-eligible-for-additional-h-1b-extensions/

https://bizlegalservices.com/2021/03/19/changing-employers-h-1b-status/

Now I hope the USCIS gods are in my favor ... I will post back the results of the H1b approval. thanks so much for your help!!

[jimmys]

Okay. Logged in after a year. I also looked at the latest visa bulletin and wondered why it's still in 2011/12 for EB-2/EB-3. Not following immigration things closely for the last year. Didn't EB2/3 India get expected SO in FY21? Or it's just USCIS inefficiency as usual? How many visas would have been wasted in FY 21?

[jimmys]

My spouse whose priority date was may 2009 never had problems getting 3 year H1B after the. Date became current from.two.different employers

So this is perplexing to me

Was your spouse primary applicant? This was well known issue for a long time. I am surprised your spouse got 3 year extensions from two different employers.

[inspired_p]

Was your spouse primary applicant? This was well known issue for a long time. I am surprised your spouse got 3 year extensions from two different employers.

Yes primary applicant and applied extension and employer change after the PD was current. We ended up using my 485 to get greened as her both employers had not started the process for her.

[ImmiGiveMe]

"ALERT: Starting Nov. 1, 2021, processing times will be based on 6 months of data instead of one month. You can read more about processing times on our Case Processing Times page."

This alert is on the USCIS processing times page. What does this change mean?

[gammaray]

"ALERT: Starting Nov. 1, 2021, processing times will be based on 6 months of data instead of one month. You can read more about processing times on our Case Processing Times page."

This alert is on the USCIS processing times page. What does this change mean?

What does it mean? Well, exactly what it says. The processing time will be based on a 6-month trend and not on a month. So less variation in the times, with longer term data considered instead of instantaneous values.

[namits]

Is there a way to "correct" my "Received Date" with USCIS?

The reason I ask is that my I-765 receipt has a RECEIVED DATE of 1/19/2021 - which is what I believe should be used for opening up SR request (outside of processing time), but in chatting with USCIS (via EMMA) they are stating that the "Receipt date" to open an SR request is 3/11/2021.

Is there a way to send in my receipt so that the USCIS database reflects the correct date?

[amey111]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

[ImmiGiveMe]

I notice that the processing time for the centers that i follow has increased after this change...

[android09]

I notice that the processing time for the centers that i follow has increased after this change...

From what I've heard, the US has airlifted over 50,000 Afghans recently and currently housing them in military bases around the country. The big ones are in Wisconsin (14,000), Iowa and Texas(Over 20,000). These people qualify under the Special visas (Interpreter/Translator) scheme and need to be processed by USCIS not DoS. These people need to be fed, clothed, accomodated, educated and provided medical and other services and provided a stipend etc and all of which is costing a lot of $$ to the US govt. This can roll into a major political issue for the administration and so from what I understand, USCIS is redirecting efforts to go through these, finish background checks, generate identity(Many escaped AF without even a passport) and work through re-settling them. This is a mammoth effort undertaken by DHS and DoD. USCIS is getting through about 1000 cases a month(Dont have any evidence or links on this and just hearsay from people who volunteered at Fort McCoy, WS). So you calculate how long it will take USCIS to complete this. You do not cost the govt a single Dollar and therefore are deemed a lower priority. While I'm glad these poor folks find a new home away from their nightmare and begin a new life, I wonder what this does to people who are waiting already in the line and are current. Hopefully this is just background news, I'm not very sure how accurate the figures are or what is slowing things down. Here is an article on this.

https://www.npr.org/2021/10/06/1043695194/wisconsin-military-base-turns-into-a-small-city-as-afghans-await-resettlement

[newyorker123]

I wonder how much this delays things for EB, if not moving it into a standstill for a few months.
Charlie never mentioned this in his calls, though not sure. Is EB somehow insulated against this ?

[newyorker123]

December 2021 Visa Bulletin:

Final Action dates:
EB2: 01May2012 EB3: 15Jan2012

Filing Dates:
EB2: 08Jul2013 EB3: 22Jan2012

[gammaray]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

I'll answer the first question. Can enter on AP, and continue working with the current employer as long as the h1b hasn't expired when entering on AP. The employer does not need to make any changes to the I-9 and can renew the h1b normally as would be the case if you hadn't entered on AP.

[amey111]

I'll answer the first question. Can enter on AP, and continue working with the current employer as long as the h1b hasn't expired when entering on AP. The employer does not need to make any changes to the I-9 and can renew the h1b normally as would be the case if you hadn't entered on AP.

Thank you, gammaray. This helps with my travel plans!

[amey111]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

Q # 2 is now a reality. My priority date of Mar 2012 in EB2 is current, and my wife's priority date of Oct 2012 (EB3) is not current. Is there anyway for us to use my priority date on our current application? Any expert opinion is really appreciated.

Thank you.

[idliman]

Q # 2 is now a reality. My priority date of Mar 2012 in EB2 is current, and my wife's priority date of Oct 2012 (EB3) is not current. Is there anyway for us to use my priority date on our current application? Any expert opinion is really appreciated.

Thank you.
There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling (https://www.google.com/search?q=Transfer+of+Underlying+Basis). There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

[gsingh]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling (https://www.google.com/search?q=Transfer+of+Underlying+Basis). There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

@idliman - Didn't know there was even a way to determine the processing time for 'Transfer of Underlying Basis/Interfiling' requests ?
It will be very helpful to know , if it is possible.

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC.
I have a previous I-140 in EB2 with the same employer. My PD will be current for FA in December in EB2.
I am wondering if I should request transfer of underlying basis to use the previously approved EB2 I-140.


Appreciate any inputs.

[amey111]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling (https://www.google.com/search?q=Transfer+of+Underlying+Basis). There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

Thank you, Idliman!

[idliman]

@idliman - Didn't know there was even a way to determine the processing time for 'Transfer of Underlying Basis/Interfiling' requests ?
It will be very helpful to know , if it is possible.

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC.
I have a previous I-140 in EB2 with the same employer. My PD will be current for FA in December in EB2.
I am wondering if I should request transfer of underlying basis to use the previously approved EB2 I-140.

Appreciate any inputs.
I am NOT following the processing times closely after my GC approval and can only provide theoretical advice on this topic. There are a lot of variables and it comes with a fair bit of priority date movement prediction (Will EB2I retrogress ? / Will EB3I remain stagnant?). Also soon there will be a lot of interfiling requests on way to USCIS from people who are on the same boat. I suggest you to read quite a bit of material and understand the pros and cons before you do it. Maybe others can help you on this aspect. Join other tracking websites or groups and observe the trend to make a judgement on your own. A man too careful of danger lives in continual torment. Either way you will have to make a call based on your gut feel for how things will turnout. But do it sooner rather later before all pipelines are clogged.

Before COVID, the processing times were reasonable. So I would say that people might get GC within 1 to 3 months after an interfile request. Now depending on the processing center it could be months or years.

[android09]

Sec Mayorkas of the DHS testifying in the Senate. Facts: Resettlement of evacuated Afghans already in the US(55,000) and appoximately 125,000 will be the total number. Timeline is about Dec - Feb. This will be an enormous undertaking for USCIS to process SIV green cards. This means everything else will be put on the backburner. So expected spillover wastage from Oct, Nov, Dec, Jan, Feb at the very minimum.

https://www.judiciary.senate.gov/meetings/10/20/2021/oversight-of-the-department-of-homeland-security

[gsingh]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling (https://www.google.com/search?q=Transfer+of+Underlying+Basis). There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8


I am NOT following the processing times closely after my GC approval and can only provide theoretical advice on this topic. There are a lot of variables and it comes with a fair bit of priority date movement prediction (Will EB2I retrogress ? / Will EB3I remain stagnant?). Also soon there will be a lot of interfiling requests on way to USCIS from people who are on the same boat. I suggest you to read quite a bit of material and understand the pros and cons before you do it. Maybe others can help you on this aspect. Join other tracking websites or groups and observe the trend to make a judgement on your own. A man too careful of danger lives in continual torment. Either way you will have to make a call based on your gut feel for how things will turnout. But do it sooner rather later before all pipelines are clogged.

Before COVID, the processing times were reasonable. So I would say that people might get GC within 1 to 3 months after an interfile request. Now depending on the processing center it could be months or years.

Thanks Idliman. I will do some research.
Others, Please chime in, if have thoughts on this topic.

[qesehmk]

Congress is about to pass Biden's Build Back Better plan today. It has extremely substantial immigration provisions. They are:

1) Exemption from country caps
2) Ability to file 485 immediately after 140 approval.
3) Capturing all unused visas since 1992 and ensure full use going forward.
4) Dreamers get a GC.

You can read the bill at https://www.congress.gov/bill/117th-congress/house-bill/5376/text (just search on "SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS.")
or you can read updates at www.whereismygc.com (https://l.facebook.com/l.php?u=http%3A%2F%2Fwww.whereismygc.com%2F%3Ffbcl id%3DIwAR1raJH_-fUFQszIGu0SRsO6zpeqn-hV_0MiBp-Od8fHbfCHac-lKipiEFA&h=AT1jDHKpEjWzd-UDwbgvNxgsi9r9wRMH56R6HXGJO2HGJlUHseV-VXnSysKLCeODDkm5smGKHdNXhRFzXOk-wlvTXO-skvtnAYkyL-c3Tew-nL7C8eOTbyld1PnbFqFXQMUx&__tn__=-UK-R&c[0]=AT2t34FeRayS9vZR9wVrfo78GMtAvFn_Pszi0hViixfyG7hyE sTL8qllfSEq66ZoxDD-2DT3nHqSIZa8fJoQQAaXwNgjUSIRvySCvOxuHx4RwbN6UgMTKm xOQi55nxAKZywcIVeDfrKZGwqFp1QU8dWYZ3Dak7Qt20hLp75w lzgr8AeRZ3e9iTSOw3QS6s2lB9o506Ou)

[qesehmk]

The above bill just passed house. Over to senate now.

Friends - country caps will be history one day. Hopefully literally within a few weeks.

[monsieur]

Doesn't these rules have to survive Byrd Bath in senate? Good chance all immi stuff will be taken out in Senate bill coz of reconcillation process

[qesehmk]

Doesn't these rules have to survive Byrd Bath in senate? Good chance all immi stuff will be taken out in Senate bill coz of reconcillation process
My "guess" is that Dems realize that this is their chance to get so many things done. So they could very well sidestep the Parliamentarian whose advice is anyway not binding.

That's why the key is Manchin who they are going to have to bribe (metaphorically) heavy to get this through.

[srisri]

My "guess" is that Dems realize that this is their chance to get so many things done. So they could very well sidestep the Parliamentarian whose advice is anyway not binding.

That's why the key is Manchin who they are going to have to bribe (metaphorically) heavy to get this through.

I hope immigration items in the bill pass, but based on my past experience, these are used for negotiating and will be dropped during reconciliation. Please don?t get hopes high and get dejected.

[qesehmk]

I hope immigration items in the bill pass, but based on my past experience, these are used for negotiating and will be dropped during reconciliation. Please don?t get hopes high and get dejected.
I am cautiously optimistic. This time Dems have understood that they have to sneak it through because Republicans for last 20 years haven't been ready to entertain ANY immigration proposal. So the best way to get reforms done is via such sneaky ways unfortunately.

If you look at the proposals they are quite fundamental to EB but they are worded in an almost administrative manner. And honestly that's the way to go. I think they would still be palatable to a lot of republicans.

If you look at GOP's district gerrymandering or packing the courts over last 20 years, one must say Dems are only learning the trick now.

For backlogged folks - I do think this has a decent chance of getting through. Manchin would be committing suicide if he bombs this. Parliamentarian and all - dems are likely going to sidestep IMHO. And if Dems can't push this through (just remember how Cavanaugh and Barrett were pushed on supreme court) then they deserve to lose next election.

[may2011]

Hello all, I need some advice.My case details are as follows;

PD:May 2011 (EB2) at NSC
RD:Nov 2020
I140 Amendment (Company Name Change) Approval: Aug 2021
Biometrics:September 2021
EAD/AP (Biometrics reused): Aug 2021
Case transferred to NBC:Nov 2021 after preliminary review.

I have the following questions;

1)Does preliminary review mean USCIS has all the documents? I had interfiled medicals, but USCIS is not able to confirm the receipt.
2) I have to travel out of state.Should I take an extra copy of medicals with me incase NBC issues a RFE for medicals?
3) Is it worth reaching out to a tier 2 agent to confirm if USCIS has medicals?

TIA!

[monsieur]

I have the following questions;

1)Does preliminary review mean USCIS has all the documents? I had interfiled medicals, but USCIS is not able to confirm the receipt.
2) I have to travel out of state.Should I take an extra copy of medicals with me incase NBC issues a RFE for medicals?
3) Is it worth reaching out to a tier 2 agent to confirm if USCIS has medicals?

TIA!

AFAIK, with RFE you get 60 days to respond back. Ideally you want to reply ASAP but thats in normal scenarios. Medicals with doc signature has limited time window to be submitted to USCIS and you never know when you will get that RFE. So If I am you, I will just go enjoy my travel and not worry abt it. Some anecdotal data for reasoning - Dec slow month with holidays, Dates are in 2011, files submitted in Nov 2020. If RFE comes during your travel, you can respond in Jan. Good chance you will get your GC in this fiscal year i.e before Sep-2022.

[iamdeb]

Had a quick question regarding Indian passport renewal. I live in Washington DC region and applied for my Indian passport renewal recently.

What is the process for police verification during passport renewal in India? In my case, someone from the police in my area called my mom and asked her to send documents like Aadhar card etc via Whatsapp.
Is that the norm or is it something that is being done nowadays for police verification.

Thanks!

[Octgc7]

Had a quick question regarding Indian passport renewal. I live in Washington DC region and applied for my Indian passport renewal recently.

What is the process for police verification during passport renewal in India? In my case, someone from the police in my area called my mom and asked her to send documents like Aadhar card etc via Whatsapp.
Is that the norm or is it something that is being done nowadays for police verification.

Thanks!

I renewed my passport in Oct 2020 from US. At that time my mom got a call from the police station in my area for the verification and they asked few questions regarding me. They never asked to send anything through whatsapp. Hope this helps.

[MidWestMaverick]

Had a quick question regarding Indian passport renewal. I live in Washington DC region and applied for my Indian passport renewal recently.

What is the process for police verification during passport renewal in India? In my case, someone from the police in my area called my mom and asked her to send documents like Aadhar card etc via Whatsapp.
Is that the norm or is it something that is being done nowadays for police verification.

Thanks!

I just received my renewed passport from US embassy last week - In my case, no documents were asked by local police, just verification of particulars from my parents.

[SG2020]

I renewed my passport in Oct 2020 from US. At that time my mom got a call from the police station in my area for the verification and they asked few questions regarding me. They never asked to send anything through whatsapp. Hope this helps.

I used Tatkal for renewal this month. Something weird happened though. We had someone from the police station visit my parents' place (I had used their address in the form). They couldn't provide any documentation for me to show that I reside there. However, I had received the FedEx notification from Indian Consulate in San Francisco BEFORE the police officer visited our house. I received the new passport next morning. So I am guessing these verifications are a formality. If your family has any proof that you reside there, do share it. I'd recommend Tatkal anyways.

I would also like to point out that the forms/paperwork to apply for a passport are horrible. The group that came up with and manages them must be a 'jaahil' bunch! The instructions are very confusing. Why is there a form that requires you to notarize your 'change of appearance'...in 10 years, everyone ages and their appearance changes. So should everyone say their appearance has changed or not? Also, I can't believe that Indian government cannot spend some money with some decent 3rd party company to fix the quality of instructions. And in this day and age, it is mind boggling that our country still continues to issue passports with either first name or surname blank!

[qesehmk]

I am no fan of Indian bureacracy. They are corrupt useless and arrogant and are a relic of British legacy mixed with our BS caste hierarchy.

However once a while somebody in the bureacracy can surprise you. Almost 21 years back Pune had a new passport office and my wife needed a passport to follow me to the US. We were totally newlyweds. My wife met with the passport officer who happened to be a local Maharashtrian lady. That lady felt such a pity for my wife for being left behind by her husband, that she issued my wife a brand new passport in exactly 24 hours.

That ought to be some record in the history of passport office !! And this was all clean. No bribes. Nothing. Sheer humanity.

I used Tatkal for renewal this month. Something weird happened though. We had someone from the police station visit my parents' place (I had used their address in the form). They couldn't provide any documentation for me to show that I reside there. However, I had received the FedEx notification from Indian Consulate in San Francisco BEFORE the police officer visited our house. I received the new passport next morning. So I am guessing these verifications are a formality. If your family has any proof that you reside there, do share it. I'd recommend Tatkal anyways.

I would also like to point out that the forms/paperwork to apply for a passport are horrible. The group that came up with and manages them must be a 'jaahil' bunch! The instructions are very confusing. Why is there a form that requires you to notarize your 'change of appearance'...in 10 years, everyone ages and their appearance changes. So should everyone say their appearance has changed or not? Also, I can't believe that Indian government cannot spend some money with some decent 3rd party company to fix the quality of instructions. And in this day and age, it is mind boggling that our country still continues to issue passports with either first name or surname blank!

[gammaray]

Had a quick question regarding Indian passport renewal. I live in Washington DC region and applied for my Indian passport renewal recently.

What is the process for police verification during passport renewal in India? In my case, someone from the police in my area called my mom and asked her to send documents like Aadhar card etc via Whatsapp.
Is that the norm or is it something that is being done nowadays for police verification.

Thanks!

As folks have previously posted, it really varies and depends on your particular police station. Generally they do visit and ask for a photocopy of the ID, or you could visit the police station and provide them that info to speed up the process. A scan over whatsapp or email works as well most times-- again depends on the police station and what they "expect" (yes monetary benefits are generally implied if not directly asked for).

[gammaray]

I used Tatkal for renewal this month. Something weird happened though. We had someone from the police station visit my parents' place (I had used their address in the form). They couldn't provide any documentation for me to show that I reside there. However, I had received the FedEx notification from Indian Consulate in San Francisco BEFORE the police officer visited our house. I received the new passport next morning. So I am guessing these verifications are a formality. If your family has any proof that you reside there, do share it. I'd recommend Tatkal anyways.

I would also like to point out that the forms/paperwork to apply for a passport are horrible. The group that came up with and manages them must be a 'jaahil' bunch! The instructions are very confusing. Why is there a form that requires you to notarize your 'change of appearance'...in 10 years, everyone ages and their appearance changes. So should everyone say their appearance has changed or not? Also, I can't believe that Indian government cannot spend some money with some decent 3rd party company to fix the quality of instructions. And in this day and age, it is mind boggling that our country still continues to issue passports with either first name or surname blank!

Well the excessive paperwork and notarizing is part of the bureaucracy, no logic or obscure, obsolete logic to those things.

It's not weird, its just what the procedure is -- it's called "post verification" as opposed to "pre-verification", where the passport is issued prior to the actual verification. Not sure what the exact criteria is but I think if you have been living outside the country for a while and have had a prior renewal already then post verification is the method. Don't know what happens if the post verification doesn't meet the verification criteria--Will they cancel the issued passport? It's just obscure.

Without getting into the politics of it, all these non-sensical changes happened after the current administration took over. My prior passport renewal in 2011 was straightforward -- though I did it directly at the NY consulate and to my complete surprise ( in retrospect it shouldn't have been and should have expected it), the folks manning the que at the consulate were asking for $20 to get an earlier token number in the que.

[aGCHopefull]

AFAIK, with RFE you get 60 days to respond back. Ideally you want to reply ASAP but thats in normal scenarios. Medicals with doc signature has limited time window to be submitted to USCIS and you never know when you will get that RFE. So If I am you, I will just go enjoy my travel and not worry abt it. Some anecdotal data for reasoning - Dec slow month with holidays, Dates are in 2011, files submitted in Nov 2020. If RFE comes during your travel, you can respond in Jan. Good chance you will get your GC in this fiscal year i.e before Sep-2022.
Just fyi... I recently received medical RFE and it only provided me 30 days to respond.

[monsieur]

Just fyi... I recently received medical RFE and it only provided me 30 days to respond.

Wow this is something new; maybe USCIS trying to distribute GC asap which is big change from their approach.

[gammaray]

Wow this is something new; maybe USCIS trying to distribute GC asap which is big change from their approach.

Not very new, 30 day RFE notices were issued even in last quarter of 2021 when USCIS was rushing at the end.

[MidWestMaverick]

Parting gift from CO :( "The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories. This, along with the possibility of large numbers of EB3-to-EB2 "upgrade" filings by Indian nationals eventually could result in retrogression for EB2 India".

Source https://www.murthy.com/2021/12/02/december-2021-visa-bulletin-check-in/

Although retrogression in EB2 has to be expected with such wild DOF movement, I had hoped USCIS/DOS would have learned a few lessons in last 24 months..

[qesehmk]

Parting gift from CO :( "The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories. This, along with the possibility of large numbers of EB3-to-EB2 "upgrade" filings by Indian nationals eventually could result in retrogression for EB2 India".

Source https://www.murthy.com/2021/12/02/december-2021-visa-bulletin-check-in/

Although retrogression in EB2 has to be expected with such wild DOF movement, I had hoped USCIS/DOS would have learned a few lessons in last 24 months..

The same article says CO moved EB2 dates forward to see how many upgrades EB2 receives. Well that is ridiculous after moving EB3 dates into 2014/15 what kind of upgrade are they expecting?

To me it seems like CO wasn't quite truthful about or gave us partial information during his last address. Whatever - it is clear as mud how much true demand EB2 or EB3 has. WE will only know better after 2-3 months.

[MidWestMaverick]

The same article says CO moved EB2 dates forward to see how many upgrades EB2 receives. Well that is ridiculous after moving EB3 dates into 2014/15 what kind of upgrade are they expecting?

To me it seems like CO wasn't quite truthful about or gave us partial information during his last address. Whatever - it is clear as mud how much true demand EB2 or EB3 has. WE will only know better after 2-3 months.

I used to have a good opinion about CO. But looking at what has happened in the last 20 months, I believe he is also a part of the problem and none of what he says (or has said) makes sense anymore. I hope his successor makes better decisions.

[qesehmk]

I used to have a good opinion about CO. But looking at what has happened in the last 20 months, I believe he is also a part of the problem and none of what he says (or has said) makes sense anymore. I hope his successor makes better decisions.
I still have positive opinion but I am trying to make sense !

[MidWestMaverick]

I still have positive opinion but I am trying to make sense !

Would really appreciate your take on it as I can't decipher it anymore. Also what did you mean by "WE will only know better after 2-3 months." - Is it the pending inventory you are referring to or some other data source?

[qesehmk]

Would really appreciate your take on it as I can't decipher it anymore. Also what did you mean by "WE will only know better after 2-3 months." - Is it the pending inventory you are referring to or some other data source?

I meant simply by observing the movement we know how solid the movement is. My initial impression is that they are seriously expecting some kind of immigration legislation to pass which will then leave them no choice but to use all visas. So they might as well build sufficient inventory. As of now while last year's movement did build good inventory - it looks like it is still not enough for the expected total number of visas to be utilized in EB category. Just my 2 cents.

[gammaray]

Parting gift from CO :( "The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories. This, along with the possibility of large numbers of EB3-to-EB2 "upgrade" filings by Indian nationals eventually could result in retrogression for EB2 India".

Source https://www.murthy.com/2021/12/02/december-2021-visa-bulletin-check-in/

Although retrogression in EB2 has to be expected with such wild DOF movement, I had hoped USCIS/DOS would have learned a few lessons in last 24 months..

"The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories." This statement makes no sense. Not having directly heard what CO said, Murthy's interpretation seems flawed. The oversubscribed categories don't get spillover due to slow processing within the employment based categories, they get the spillover if the other employment categories don't have enough demand and all demand has been met with surplus visas left in the category.

[MidWestMaverick]

I meant simply by observing the movement we know how solid the movement is. My initial impression is that they are seriously expecting some kind of immigration legislation to pass which will then leave them no choice but to use all visas. So they might as well build sufficient inventory. As of now while last year's movement did build good inventory - it looks like it is still not enough for the expected total number of visas to be utilized in EB category. Just my 2 cents.

Interesting point. Let's hope there is light at the end of the tunnel. At the very least, if we take CO at his word, USCIS processing has improved - which is a welcome change from the talks of wastage from last year.

[qesehmk]

"The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories." This statement makes no sense. Not having directly heard what CO said, Murthy's interpretation seems flawed. The oversubscribed categories don't get spillover due to slow processing within the employment based categories, they get the spillover if the other employment categories don't have enough demand and all demand has been met with surplus visas left in the category.

I believe CO is talking about "Processing of so many GCs" in FB ==> which then means less spillover to EB (where necessarily the spillover generally ends up serving oversubscribed categories.

[gammaray]

I believe CO is talking about "Processing of so many GCs" in FB ==> which then means less spillover to EB (where necessarily the spillover generally ends up serving oversubscribed categories.

That would make sense but FB to EB spillover is only a very recent phenomena and oversubscribed Eb categories don't count on that to happen, and that is not how the Murthy article reads -- It reads as spill over within EB:

"The U.S. Citizenship and Immigration Services (USCIS) has been processing a significant number of I-485 applications. Similarly, the DOS has been approving far more immigrant visas than anticipated. Should this trend continue, this could result in the government issuing close to the full annual limit on visa numbers in many employment-based categories.

This is good news in many respects, but there is a downside. The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories."

It's likely an interpretation thing and Murthy condensing what CO said and not being very good at it.

[gsingh]

Looking for suggestion on refilling v/s interfiling -

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

[qesehmk]

FB to EB is not recent. It used to happen all the time. Just the scale has changed now a days.

CO comments below can be interpreted on the EB alone indeed - but I believe he is talking FB processing and how it would spillover to EB or not. Because under current limits EB oversubscribed categories have pretty much stopped getting any SO anyway and the timing of utilization hardly matters. So the only way they could be getting any extra visas is now FB.


That would make sense but FB to EB spillover is only a very recent phenomena and oversubscribed Eb categories don't count on that to happen, and that is not how the Murthy article reads -- It reads as spill over within EB:

"The U.S. Citizenship and Immigration Services (USCIS) has been processing a significant number of I-485 applications. Similarly, the DOS has been approving far more immigrant visas than anticipated. Should this trend continue, this could result in the government issuing close to the full annual limit on visa numbers in many employment-based categories.

This is good news in many respects, but there is a downside. The processing of so many green cards could result in fewer unused immigrant visa numbers falling into the oversubscribed employment-based categories."

It's likely an interpretation thing and Murthy condensing what CO said and not being very good at it.

[KScali]

Looking for suggestion on refilling v/s interfiling -

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

In a similar situation. Another option is to wait and see how this plays out in the next 1-2 months and then decide.
Would love to hear other's thoughts .

[may2011]

Stay put in EB2 or be ready to downgrade?


PD:May 2011
RD:Nov 5 2020
ND:Feb 21, 2020
BM:September 2021
I140 Amendment approval:Aug 2021
Medicals interfiled: July last week or Aug first week.

My case was transferred from NSC to NBC on Nov 9th. I recently read this https://www.murthy.com/2021/12/02/december-2021-visa-bulletin-check-in/
where they talk about expected retrogression in EB2.

Given the uncertainty around processing , should I be ready to downgrade my petition to EB3? The article talked about no retrogression in EB3.

[gsingh]

Stay put in EB2 or be ready to downgrade?


PD:May 2011
RD:Nov 5 2020
ND:Feb 21, 2020
BM:September 2021
I140 Amendment approval:Aug 2021
Medicals interfiled: July last week or Aug first week.

My case was transferred from NSC to NBC on Nov 9th. I recently read this https://www.murthy.com/2021/12/02/december-2021-visa-bulletin-check-in/
where they talk about expected retrogression in EB2.

Given the uncertainty around processing , should I be ready to downgrade my petition to EB3? The article talked about no retrogression in EB3.

Even if EB2 retrogresses, can it go as far back as before May2011 ? If your case is with NBC now, there is a good chance it will get processed this FY.
My PD is 4/2012 and I am in EB3 and thinking of refiling or interfiling to move to EB2

[may2011]

Even if EB2 retrogresses, can it go as far back as before May2011 ? If your case is with NBC now, there is a good chance it will get processed this FY.
My PD is 4/2012 and I am in EB3 and thinking of refiling or interfiling to move to EB2

I frankly have no idea..Practically it shouldnt retrogress beyond May 2011.But you never know

[gsingh]

Looking for suggestion on refilling v/s interfiling -

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

Reposting.

[qesehmk]

Reposting.

I have no specific insight but since nobody seems to have responded I will just add my "uninformed" opinion.

My suggestion would be to interfile. My understanding is that interfiling means the case processing (like finger prints medical FBI etc is not redone). All they do is visa allocation.

Whereas in refiling they might redo some of those steps which will add to your time to approve. Good luck !

[mmax123]

Hello Experts,

I have a PD of March 2013. My dates/status are in my signature.

My current EB3 application is now retrogressed. I suspect that the EB3 dates will start moving later in the year, but not sure if they will reach March 2013. As of December bulletin, my DOF is current in EB2. I suspect my FAD will be current in the next few months. No one knows what will be the status of dates in October 2022 bulletin, but I suspect that EB2-I will stay ahead of EB3-I.

There is also the case of BBB bill in the Congress, but I am not going to hold my breath.

As many other applicants in my situation, I am wondering what should be the next step for me.
1. Do nothing and wait it out in EB3 for now. Reevaluate in a month or two.
2. Get EB2 I140 filed in premium with current employer now. Then, wait.
3. File a EB2 I140+I485+EAD+AP+Medicals application now (or when EB2 FAD is current).
4. Interfile now (or when EB2 FAD is current). This will need #2 to be completed.

I am leaning towards waiting for January bulletin and then taking a call on #2. I think #2 is relatively harmless except I will have to pay for the premium fees out of pocket.

I am thinking #3 will be prudent after FAD becomes current. An already approved I140 could help with landing the application in NBC.

While getting GC is obviously important, I am also counting down to the 6 month mark since my original I485 application. That, and the combo card, will give a measure of comfort and is more deterministic. I am not sure if applying in EB2 now will affect that (clock restarts with the new 485 application? Will I be asked to withdraw the EB3-I application)

Any thoughts/suggestions?

Thanks in advance!

[gsingh]

I have no specific insight but since nobody seems to have responded I will just add my "uninformed" opinion.

My suggestion would be to interfile. My understanding is that interfiling means the case processing (like finger prints medical FBI etc is not redone). All they do is visa allocation.

Whereas in refiling they might redo some of those steps which will add to your time to approve. Good luck !

Appreciate your suggestion qesehmk.
Reason I am considering refiling is in an attempt to move out of the Texas service center. At the current rate, it is highly unlikely TSC can process applications submitted Oct 2020 or before even if they are current and DQ this FY.

For refiling , I am hearing that there have been some cases where the new I-485 was transferred to the service center which has the original I485.
Not sure what's the truth to that or how many cases got transferred. It might just a telegram groups hearsay.
But if that happens, I won't be able to interfile later as there will be another I485 in that category and in that case interfiling might be a better option.

I understand there is no definitive answer but still wanted to get other thoughts on what are the chances of the second I485 application staying with NBC/FO.

Thanks

[optimista]

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

[qesehmk]

Appreciate your suggestion qesehmk.
Reason I am considering refiling is in an attempt to move out of the Texas service center. At the current rate, it is highly unlikely TSC can process applications submitted Oct 2020 or before even if they are current and DQ this FY.

For refiling , I am hearing that there have been some cases where the new I-485 was transferred to the service center which has the original I485.
Not sure what's the truth to that or how many cases got transferred. It might just a telegram groups hearsay.
But if that happens, I won't be able to interfile later as there will be another I485 in that category and in that case interfiling might be a better option.

I understand there is no definitive answer but still wanted to get other thoughts on what are the chances of the second I485 application staying with NBC/FO.

Thanks

I would not be concerned about which center the application goes - particularly when you are waiting in line for 10 years - any difference across different processing centers are minor compared to the overall wait times. Every otherwise if YOU were running USCIS would you think it is acceptable that one center runs slower than others and complicates your compliance with visa allocation laws?

So in short I would not base my decision on real or perceived difference in one service center vs another.

[qesehmk]

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

I will be quick -

1. No - for 2010 EB2 or EB3 it shouldn't at all take 5-6 years. Much less.
2. You should get EAD ASAP since your date is within 485 filing times right? Just a matter of processing speed of EAD applications. As per GC - again I would think 1 year is more than enough for 2010. Check WhereismyGC if you don't believe me but that will waste a good $13 for no reason.
3. Don't do anything. Just sit tight. Occasionally keep checking status. If your FAD is current and don't get it within 6 months -definitely do an FOIA on the status of your case.
4. Also what is the interfiling? How it can be done in my case? - Don't even bother if you are 2010 case.

Good luck my friend --- I can imagine how fade up you are. But I think 2010 people should really stop worrying.

[optimista]

I will be quick -

1. No - for 2010 EB2 or EB3 it shouldn't at all take 5-6 years. Much less.
2. You should get EAD ASAP since your date is within 485 filing times right? Just a matter of processing speed of EAD applications. As per GC - again I would think 1 year is more than enough for 2010. Check WhereismyGC if you don't believe me but that will waste a good $13 for no reason.
3. Don't do anything. Just sit tight. Occasionally keep checking status. If your FAD is current and don't get it within 6 months -definitely do an FOIA on the status of your case.
4. Also what is the interfiling? How it can be done in my case? - Don't even bother if you are 2010 case.

Good luck my friend --- I can imagine how fade up you are. But I think 2010 people should really stop worrying.

Hi @qesehmk, thank you very, very much for your quick response. Although it is quick response, it's a complete response and provides valuable inputs to all my questions and concerns. Can't thank you enough to you for your service. Yes, I have been a loyal WIMGC subscriber and may just resubscribe as you are suggesting, just to keep tab on the GC processing.

Other than that I am good for now. Thank you for patiently dealing with frustus like me for days, months, years by now :-). You and others like you are the 'tinkaas' which we 'doobta hua aadmis' look for on this forum. Take care.

[bones20]

Hi @qesehmk, thank you very, very much for your quick response. Although it is quick response, it's a complete response and provides valuable inputs to all my questions and concerns. Can't thank you enough to you for your service. Yes, I have been a loyal WIMGC subscriber and may just resubscribe as you are suggesting, just to keep tab on the GC processing.

Other than that I am good for now. Thank you for patiently dealing with frustus like me for days, months, years by now :-). You and others like you are the 'tinkaas' which we 'doobta hua aadmis' look for on this forum. Take care.

Its surprising and unfair that you havent got GC yet when folks with 2011, 2012 & even 2013 PD have got theirs. My PD is 04/2010 and I got GC in Sept 2021. It is just luck.

You may consider interfiling i693. May save you upto 45 days (mailing time + rfe response time + i693 procurement time).

[optimista]

Its surprising and unfair that you havent got GC yet when folks with 2011, 2012 & even 2013 PD have got theirs. My PD is 04/2010 and I got GC in Sept 2021. It is just luck.

You may consider interfiling i693. May save you upto 45 days (mailing time + rfe response time + i693 procurement time).

Thanks for the feedback. Yes, in my case I had recently changed the employer so my I-140 was not ready (approved), so my I-485 was applied along with application for I-140. I-140 took a few weeks to get approved and I think my application went back in the queue because of that I think. And my application is with Nebraska Service Center which is one of the slowest. I think these are the reasons. But in case you think there could be something else the reason here, please do let me know. I have come across many who are similar to my case. Thanks.

[gsingh]

I would not be concerned about which center the application goes - particularly when you are waiting in line for 10 years - any difference across different processing centers are minor compared to the overall wait times. Every otherwise if YOU were running USCIS would you think it is acceptable that one center runs slower than others and complicates your compliance with visa allocation laws?

So in short I would not base my decision on real or perceived difference in one service center vs another.

Thanks qesehmk.

[gsingh]

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

For EAD , you can request expedited processing. It's a hit or miss. D/L expiration or out of country travel has worked for some .
I got my EAD approved on 4th expedite request after driving around on expired license for a month.

[optimista]

For EAD , you can request expedited processing. It's a hit or miss. D/L expiration or out of country travel has worked for some .
I got my EAD approved on 4th expedite request after driving around on expired license for a month.

Thanks @gsingh, really appreciate your advice. I think I will try expedite request with travel to India as an excuse.

[nt2022]

Dear Experts,

Please let me know, if anyone have received update for your I765/I31 outside normal processing request. We have got an update that you should expect an action within 60 days. Still 20 days to go.

I do appreciate, if anyone got the same reply and approval status recently. Much appreciated your inputs and we have been waiting for long time to travel. Could we follow-up again or wait for the 60 days window to be complete?.

Thanks,

[ImmiGiveMe]

USCIS published FY21 Q4 485 data. Below are the approvals by quarter:

FY21 Approved EB 485
Q1 27,485
Q2 17,896
Q3 29,353
Q4 86,704
Total 161,438

[inspired_p]

USCIS published FY21 Q4 485 data. Below are the approvals by quarter:

FY21 Approved EB 485
Q1 27,485
Q2 17,896
Q3 29,353
Q4 86,704
Total 161,438
This should be unacceptable with 260K visa numbers available and they being able to process 87K in the last quarter it's such a waste ! unfortunately this is by design ; there is a strong bias against EB I

[altek001]

USCIS performance - 4th quarter

https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr4.pdf

[soopergal]

Please send similar good vibes for my H1b petition too! :) :) <prayer hands> :D

TL;DR - future employer was also able to receive 3 year H1b approval. I'm happy but confused. I think I owed this community some insight about my case. Just wanted to say Thanks!


the Longer version:

Hi All,

A while back I posted about my situation (in my mind it was a unique one but probably not). Current employer had gotten H1 approved for 3 years even though PD was current since July 2021. This was a concern for future employer while transferring H1b. They pointed out from current employer's petition paperwork that in fact they had misrepresented to USCIS in saying that my priority date was 'not' current and had gotten a 3 year approval which could be problematic when its time to get GC approval. Future employer's attorney volunteered to fix that so this wont be an issue during filing 485 and re-filed paperwork and submitted to USCIS and said most likely they will get 1 year approval because thats the law/rule. We were going to go on H4EAD status just to stay employed and all sorts of theatrics incase I got 1 year approval. But lo and behold this week I got 3 year approval. I dont know how. I will most probably receive the petition soon to see what magic they did. But I just wanted to extend thanks to this community in providing support when I was feeling lost. I hope my post can help bring clarity to anyone else in my situation.

[ImmiGiveMe]

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

Jan 2022 VB is out.

Except for EB2 FA (moved to 08JUL12) none changed from Dec2021 VB in FAD and Filing charts or all categories and countries

[SG2020]

I am in the same boat. May 2011 PD. No EAD or I-140 approval yet. My application was received on Nov 4, 2020 and has been stuck in TSC. Had my biometrics in early September but nothing since.

Do you guys recommend interfiling to EB2? If anyone made the switch, what was your experience? Did anything move? Did the application stay with TSC or moved to another location? Will appreciate thoughts/advice.


Reposting.
Originally Posted by gsingh View Post
Looking for suggestion on refilling v/s interfiling -

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

[inspired_p]

TL;DR - future employer was also able to receive 3 year H1b approval. I'm happy but confused. I think I owed this community some insight about my case. Just wanted to say Thanks!


the Longer version:

Hi All,

A while back I posted about my situation (in my mind it was a unique one but probably not). Current employer had gotten H1 approved for 3 years even though PD was current since July 2021. This was a concern for future employer while transferring H1b. They pointed out from current employer's petition paperwork that in fact they had misrepresented to USCIS in saying that my priority date was 'not' current and had gotten a 3 year approval which could be problematic when its time to get GC approval. Future employer's attorney volunteered to fix that so this wont be an issue during filing 485 and re-filed paperwork and submitted to USCIS and said most likely they will get 1 year approval because thats the law/rule. We were going to go on H4EAD status just to stay employed and all sorts of theatrics incase I got 1 year approval. But lo and behold this week I got 3 year approval. I dont know how. I will most probably receive the petition soon to see what magic they did. But I just wanted to extend thanks to this community in providing support when I was feeling lost. I hope my post can help bring clarity to anyone else in my situation.

Good to hear positive outcomes !! 👏👏As I said we didn?t face this issue ourselves either wrt to my spouse so I didn?t even consider it an issue until you posted. Ignorance is definitely bliss in some cases , who knows how much fretting we would have gone through then

[gsingh]

I am in the same boat. May 2011 PD. No EAD or I-140 approval yet. My application was received on Nov 4, 2020 and has been stuck in TSC. Had my biometrics in early September but nothing since.

Do you guys recommend interfiling to EB2? If anyone made the switch, what was your experience? Did anything move? Did the application stay with TSC or moved to another location? Will appreciate thoughts/advice.

Originally Posted by gsingh View Post
Looking for suggestion on refilling v/s interfiling -


My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

As you are current in both the categories, there is no value in interfiling. I have not heard any case which was transferred after interfiling although it is early to conclude anything.

USCIS released Q4 official report: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr4.pdf :

In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

By the end of FY21, 245,490 EB 485 cases are pending with the USCIS. Among them,
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

With such disparity people stuck at SRC and LIN will have to wait many years .

I think the best option is to raise this issue wherever we can citing the above data from USCIS.
Write to your reps/senators. If you work for the big tech company, raise it to the legal counsel.

[SG2020]

Thanks for your response. Yes, I am current in both. The only difference between both the queues for me is I have an approved I-140 for my EB2. The I-140 for the downgrade has not been approved yet. Requests for expedited processing through Fragomen were turned down 3 times. Should I choose a queue where I have an approved I-140 at this point?

I will start writing to our 'leaders' in Cali...has anyone had any success with either the senators or their congressperson in the bay area? We had approached Dianne Feinstein's office during my wife's H4-EAD, and it was totally bonkers. We were just shocked by the treatment we received from her team - rude, incompetent, and just indifferent.


As you are current in both the categories, there is no value in interfiling. I have not heard any case which was transferred after interfiling although it is early to conclude anything.

USCIS released Q4 official report: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr4.pdf :

In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

By the end of FY21, 245,490 EB 485 cases are pending with the USCIS. Among them,
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

With such disparity people stuck at SRC and LIN will have to wait many years .

I think the best option is to raise this issue wherever we can citing the above data from USCIS.
Write to your reps/senators. If you work for the big tech company, raise it to the legal counsel.

[gsingh]

Thanks for your response. Yes, I am current in both. The only difference between both the queues for me is I have an approved I-140 for my EB2. The I-140 for the downgrade has not been approved yet. Requests for expedited processing through Fragomen were turned down 3 times. Should I choose a queue where I have an approved I-140 at this point?

I will start writing to our 'leaders' in Cali...has anyone had any success with either the senators or their congressperson in the bay area? We had approached Dianne Feinstein's office during my wife's H4-EAD, and it was totally bonkers. We were just shocked by the treatment we received from her team - rude, incompetent, and just indifferent.

I see. Another option if you wish is filing a new I-485 in EB2 and withdraw the pending I-140 and I-485. Withdrawing I-140 takes just a few days.
When the original application is withdrawn , atleast from the initial data it seems the new I485 direct filling cases stay at NBC. There are people doing that.
Once I-140 is approved and over 180 days it cannot be withdrawn and 485 withdrawal takes a really long time so a pending I-140 might actually be a blessing.


There is a telegram group for the LIN/SRC folks in Cali trying to setup a meeting with senator staff. I can add you in there if you are interested. Let me know.

[mitul75]

This should be unacceptable with 260K visa numbers available and they being able to process 87K in the last quarter it's such a waste ! unfortunately this is by design ; there is a strong bias against EB I

While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

[qesehmk]

While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

Mitul - since I have been doing number crunching for a very long time I have observed how backlog by country by category and by processing stage (labor 140 485) has behaved. USCIS has systematically eliminated ROW backlog across all stages and all categories while starving EB-India at every turn. In the old days (i.e. 2008-2012 timeframe) EB India could easily get 10-20K spillover in each category EB1/2/3. But USCIS in those days systematically accelerated approval of ROW applications not just across categories but across processing stage. Funnily that included CP backlog for Philippines nurses too. Then they came up with this theory that the 7% limit holds across EB and FB and started approving (S. Korean EBs more than 7% in EB saying S Korea doesn't use as much in FB).

USCIS does have deep bias against Asians and Indians. There is just no doubt about it. The entire department doesn't have to have bias. Even if you have a few people that are racist that's enough to tip the scale against you.

[waitingforGC1]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

[qesehmk]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.
waiting i would imagine 1 month max, 48 hours ideally. There is no telling. FP is just a small step in your 485 processing. Wish you the best and welcome to forum

[ImmiGiveMe]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.


There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

[SG2020]

I got my biometrics done in August and my wife in September this year. Her status update for I-485 and I-765 happened on two separate but consecutive days within a week of her appointment. My status never updated to show my fingerprints were taken/biometrics applied. After chatting with Emma/agent, I was informed that the officer may not have updated my case but the agent confirmed that the biometrics had been applied. As mentioned below, chat with Emma till someone confirms that biometrics have been applied.


There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

[waitingforGC1]

Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

[ImmiGiveMe]

Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

Once you initiate a chat with emma, type live agent and it will give you an option to click live agent link. if not type live agent until you get one.

[android09]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

Don?t worry about it. As long as you get your biometrics done and have the USCIS stamp on the biometrics notice when you go to get the biometrics it?s ok. My I-485 status never changed. It was always ?Fingerprint fee received? all through the process and then turned to ?New Card Produced? when things moved.

[ashde1]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

[qesehmk]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

[idliman]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.


Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

It depends on your PD. If your PD is FA current OR you intend to stay with your employer till you get GC, then it is better to file I-485 Supp J. As you have ported using AC21, you cannot get GC without submitting another I-485 Supp J. So it is in your interest to submit I-485 J. It is in attorney's interest to keep postponing I-485 J and charge you again (or the company) when an RFE is issued for I-485 J. If your employer is paying for RFE, then insist on submitting I-485 Supp J. The law does not require the attorneys to file I485J, so almost all law firms use this as an excuse to delay submitting I485J.

On the other hand if your PD is very far off and more likely your medical will expire before your GC is approved, then there is no pressing need to submit I-485 J. But if you are not changing companies before GC, always proactively submit I485J (unless your same or similar classification is a hyperbole).

[MKPD2015]

Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

[time2work]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

[qesehmk]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

I personally encountered this 12 years back. My personal experience is that if the company and your boss want to make it happen, they will. Otherwise the boss and the lawyers will throw all kids of BS at you. So read the tealeaves and act accordingly. Remember your H1 is different from GC application. So if they really want it anything is possible.

As per if the dates will be current - I leave that for others to answers.



Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

My friend - read this - https://www.qesehmk.org/forums/showthread.php/2817-EB2-3-Predictions-(Rather-Calculations)?p=29792&viewfull=1#post29792

[gsingh]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed :))
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

[gammaray]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

[idliman]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..
GC is for a future job. The employer agrees to give you a job and you agree to work in that job. So IMO, you don't need to refile PERM, just be prepared to work in that location for 6 months after you get your GC. Once I-485 is pending for 180 days, you are eligible for AC21 job portability. But you can use it to "port" to current location. If you wish you can submit an I-485 Supp J at that time. It will be a miracle if your GC is approved within 180 days of filing the application. Lots of people here have filed for GC with Employer A, while working for Employer B. Your case less questionable relatively speaking.

Convince the employer and attorney that you are going to work in the original job location after GC. As Q mentioned this is only about the relationship between you, your manager and HR. If HR says make it happen, the law firm will make it happen.

As far as predictions go, I have lost the touch. My wild prediction is that nothing will happen on the immigration legislative front till a) One party gets 60 Senate seats, b) Filibuster gets abolished OR c) When US Lawmakers realize that they are losing to China on Tech and need Indian brain-power to compete with the world. They don't need extra brainpower for IT (We already have lots of brilliant minds caught in the backlog). But for Core Sciences the politicians have not realized it yet and immigration is not their priority. So plan your lives assuming that nothing will happen legislatively.

[time2work]

Thanks a lot, Qesehmk for your reply!

[time2work]

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed :))
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

Thanks a lot, gsingh for your reply ... All the Best for your GC journey!
Lawyers are being risk-averse. I am moving for family. Employer has asked me to bear the expenses in case of refiling.

Have you moved to original location in your perm or plan to once you get GC or will be filing I-485j?

[time2work]

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

Thanks a lot Gammaray for your reply!
I do intend to move back to the original location just trying to figure out when can that be? If the employer needs me to be back before filing then I will be doing that. if they are ok with me moving back after I get my GC I will do it that way.

1) How long does one need to stay in their perm location after they get GC?
2) How does I-485j come into play in all this?

[time2work]

GC is for a future job. The employer agrees to give you a job and you agree to work in that job. So IMO, you don't need to refile PERM, just be prepared to work in that location for 6 months after you get your GC. Once I-485 is pending for 180 days, you are eligible for AC21 job portability. But you can use it to "port" to current location. If you wish you can submit an I-485 Supp J at that time. It will be a miracle if your GC is approved within 180 days of filing the application. Lots of people here have filed for GC with Employer A, while working for Employer B. Your case less questionable relatively speaking.

Convince the employer and attorney that you are going to work in the original job location after GC. As Q mentioned this is only about the relationship between you, your manager and HR. If HR says make it happen, the law firm will make it happen.

As far as predictions go, I have lost the touch. My wild prediction is that nothing will happen on the immigration legislative front till a) One party gets 60 Senate seats, b) Filibuster gets abolished OR c) When US Lawmakers realize that they are losing to China on Tech and need Indian brain-power to compete with the world. They don't need extra brainpower for IT (We already have lots of brilliant minds caught in the backlog). But for Core Sciences the politicians have not realized it yet and immigration is not their priority. So plan your lives assuming that nothing will happen legislatively.

Thanks a lot Idliman! for your reply.
I guess the only challange I see for me at this time is to get my employer to file for GC without having to move. I do intend to move once I get my GC. Will see how that turns out.. lot's of iffs
Thanks again

[time2work]

I personally encountered this 12 years back. My personal experience is that if the company and your boss want to make it happen, they will. Otherwise the boss and the lawyers will throw all kids of BS at you. So read the tealeaves and act accordingly. Remember your H1 is different from GC application. So if they really want it anything is possible.

As per if the dates will be current - I leave that for others to answers.




My friend - read this - https://www.qesehmk.org/forums/showthread.php/2817-EB2-3-Predictions-(Rather-Calculations)?p=29792&viewfull=1#post29792



Thanks a lot qesehmk! for you response.. appreciate that..

[time2work]

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed :))
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

Thanks a lot gsingh! for your response..

All the best in your GC journey..
Yes Lawyers are tricky to read as they make it sound like that their risk averse behaviour is in employer's interest so difficuilt to argue that line of thinking. I just stuck to the basics as in what is the core requirement and at the end of day the intention for both me and employer is there to work from location A then it should be legally acceptable. So far the lawyer has agreed to that and we ended the call.

I am moving for family.

Time will tell if If the employer will require me to move at the time of filing the GC App or will allow me to move once I get the GC... I do not plan on bringing this topic again for discussion as don't think employer will be willing to commit on this at this point in time.

[time2work]

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

Thanks a lot gammaray for your response!

I agree with your assessment. I do intend to move back after my GC.
Any Idea behind the thought process of people who move back when the GC app is being filed? Is it just to make a strong case for approval or Is it a totally arbitrary employer-enforced requirement?

Also People who use the i-485j option are they not worried about opening themselves up to issues with approval or issues with renewal or Citizenship? I am pretty sure many folks have done this what things to keep in mind when using this option..

I have not come across people in this boat so thought experts here will be able to throw some light... Thanks again..

[idliman]

Thanks a lot gammaray for your response!

I agree with your assessment. I do intend to move back after my GC.
Any Idea behind the thought process of people who move back when the GC app is being filed? Is it just to make a strong case for approval or Is it a totally arbitrary employer-enforced requirement?

Also People who use the i-485j option are they not worried about opening themselves up to issues with approval or issues with renewal or Citizenship? I am pretty sure many folks have done this what things to keep in mind when using this option..

I have not come across people in this boat so thought experts here will be able to throw some light... Thanks again..
Didn't want to write a lot. But not sure why this thing is confusing for some. Here's the big version.

Form I-140 needs a PERM that US DOL approves based on a test of the US labor market for that particular location. In the PERM form (ETA form 9089) you sign section L saying you intend to accept the position offered to you in that form (with salary) after your GC is approved. The employer agrees to provide you a full-time permanent employment (Section N signature). So GC is awarded based on a contract between you and the employer. If there is no longer a job available on location A or you do not intend to work at location A after GC, this contract is void. One must go through another PERM and I-140 for location B.

You can make life easier by simply working at location A after getting your GC, thereby agreeing to the original contract terms. That's why people can file for GC with employer A while working for employer B. This can also work for employer A, as they are only legally obligated to pay the salary in the PERM. The PERM and I-140 should be valid and the employer and employee agree on the future job. This is perfectly valid as long as you keep the intent honest. It is not worth it to do another PERM and I-140 for location change and the numerous opportunities it provides you, employer, attorney and USCIS to mess up your life. In thalaivar's language, it is unnecessary "money waste, energy waste and time waste". Read below:

Now comes in the AC21 rule. AC21 allows one to change jobs to a "same or similar classification" once a GC application is pending for 180 days. AC21 does not care about work location or salary (broad range is accepted). All you need to prove is that the job is same or similar classification. If you are working for the same employer at the same job (more or less) but at a different location, AC21 or I-485 Supp J is just a formality. However if you are working as a "Pizza Delivery Analyst" when your PERM is for "Systems Analyst" then USCIS will not approve the job portability. That?s why you should work with the system and apply for I-485 at location A. Don't make a big fuss and just stay in a rented place for 6 months. After 180 days, if you change your mind to work in location B, and then apply I-485 Supp J (there is no USCIS fee, only attorney fees). You will always have a chance to submit I-485 Supp J as no GC gets approved within 6 months of submission.

I keep repeating this in this forum. You will be breaking the law if you move to a new employer immediately after getting the GC. You have signed the PERM contract based on which the I-140 and I-485 are approved. You should make every effort to work with the GC employer for a reasonable time (6 months is widely accepted) after getting GC. If the employer fires you or there is a reduction in force after GC that is not your fault. USCIS will look at the work history immediately after GC when they scrutinize your N-400 / Citizenship application. Just follow the law and its intent; you will be fine with the immigration process.

Good Luck.

[KScali]

Folks ,
Question on USCIS FOIA requests.

I voluntarily sent my I-693 to TSC to be attached to the I-485 over 6 months ago. EMMA support is not able to confirm whether medical got attached to the 485 application. I have tried multiple times.
Last month I submitted a USCIS FOIA request for I-485 application in a hope that it might help confirm if the I-693 got attached to 485.
Recently I read somewhere that FOIA requests can delay the processing as they have to physically move the files. FOIA is still pending.
I am not confused and am wondering if I should instead withdraw the FOIA request. I am Oct 2020 filer and if I loose my spot in the line, that will be terrible.
My intent is to interfile the medicals again incase the previous ones got lost.

Thank you for your inputs.

[Shadowfax4]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

[qesehmk]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

Hello Shadow - Here is my opinion:
On #1 - I wouldn't worry too much about service center differences. For backlogged folks country quota is the biggest factor.
On #2 - No do not withdraw unless filing EB3 means cancelling EB2. It's always a good idea to have multiple paths open. If you only have one path then choose the best one.
On #3 - Can't answer this. Sorry perhaps others know better.

[Shadowfax4]

Thanks Q! and thanks for this forum!

[LeoAugust]

With COVID on high, can we expect SO for FY23? Thanks

[LeoAugust]

Folks ,
Question on USCIS FOIA requests.

I voluntarily sent my I-693 to TSC to be attached to the I-485 over 6 months ago. EMMA support is not able to confirm whether medical got attached to the 485 application. I have tried multiple times.
Last month I submitted a USCIS FOIA request for I-485 application in a hope that it might help confirm if the I-693 got attached to 485.
Recently I read somewhere that FOIA requests can delay the processing as they have to physically move the files. FOIA is still pending.
I am not confused and am wondering if I should instead withdraw the FOIA request. I am Oct 2020 filer and if I loose my spot in the line, that will be terrible.
My intent is to interfile the medicals again incase the previous ones got lost.

Thank you for your inputs.

Call USCIS Toll free number and keep saying to Infopass to talk to Tier-1. Keep the details ready to mention when the Tier-1 comes online. Guesstimate 45-60 min wait. EMMA can not confirm interfile. Hope it helps.

FOIA may/may not show the medical attached. I tried. it did not work for me.

[AceMan]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.


Was your downgrade to Eb3 amended or new? If it is new then you have both the paths open. But since you filed concurrent 485, if you need to interfile you have to wait for your 140 Eb3 to be approved.

[Shadowfax4]

Was your downgrade to Eb3 amended or new? If it is new then you have both the paths open. But since you filed concurrent 485, if you need to interfile you have to wait for your 140 Eb3 to be approved.

The EB-3 downgrade was new. I wasn't planning on interfiling if the FAD dates for EB-2 and EB-3 stay within a month or two of each other.

[AceMan]

The EB-3 downgrade was new. I wasn't planning on interfiling if the FAD dates for EB-2 and EB-3 stay within a month or two of each other.

Just look at your case, you had things going your way in EB2 till about 3-4 months back, you saw Eb3 current and took a plunge without validating any of the existing demand and queues. All you need was to wait for additional couple of months till the December bulletin and you could have just filed 485 which would have directly landed in Missouri NBC. Now you need 140 approval, and all the associated activities of trying for premium, if it lands in Texas or Nebraska, etc. etc.

Since you already downgraded, now the best course of action is Eb3 as you are only 13 months away. The problem is when applicants see the PD current in any category, they presume green card is just around the corner which is not true. Any extra action with USCIS has to be treated like a major surgery and can have unintended side effects and unwanted stress.

[Shadowfax4]

Just look at your case, you had things going your way in EB2 till about 3-4 months back, you saw Eb3 current and took a plunge without validating any of the existing demand and queues. All you need was to wait for additional couple of months till the December bulletin and you could have just filed 485 which would have directly landed in Missouri NBC. Now you need 140 approval, and all the associated activities of trying for premium, if it lands in Texas or Nebraska, etc. etc.

Since you already downgraded, now the best course of action is Eb3 as you are only 13 months away. The problem is when applicants see the PD current in any category, they presume green card is just around the corner which is not true. Any extra action with USCIS has to be treated like a major surgery and can have unintended side effects and unwanted stress.

If I had to spend my own money for the downgrade, you can bet I would've said no. But my employer offered and so I said "sure! why not?". Because I felt like having an alternate opening was prudent. I also thought that the EB-3 case would only go to TSC or NSC IFF I interfile. At that time (Oct 21 VB) EB-2 was still behind EB-3. I didn't expect EB-2 to surge. ?\_(ツ)_/?

The EB-3 I-140 is still pending and I wasn't planning on pushing it forward using PP since I felt like EB-2 AOS and EB-3 I-140 are independent entities. I realize I might be wrong now. (-_-)

[AceMan]

If I had to spend my own money for the downgrade, you can bet I would've said no. But my employer offered and so I said "sure! why not?". Because I felt like having an alternate opening was prudent. I also thought that the EB-3 case would only go to TSC or NSC IFF I interfile. At that time (Oct 21 VB) EB-2 was still behind EB-3. I didn't expect EB-2 to surge. ?\_(ツ)_/?

The EB-3 I-140 is still pending and I wasn't planning on pushing it forward using PP since I felt like EB-2 AOS and EB-3 I-140 are independent entities. I realize I might be wrong now. (-_-)

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

[qesehmk]

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

I was going to say the same but hesitated because I din't want to curb Shadow's enthusiasm. See the thing is a company simply wants to retain you as a slave as much as they can. So anything they offer must be seen from that angle.

[KScali]

Call USCIS Toll free number and keep saying to Infopass to talk to Tier-1. Keep the details ready to mention when the Tier-1 comes online. Guesstimate 45-60 min wait. EMMA can not confirm interfile. Hope it helps.

FOIA may/may not show the medical attached. I tried. it did not work for me.

Leo - Appreciate your inputs.
I checked the FOIA status online and it shows Files Received- Completed
Your responsive documents have arrived at the National Records Center..

Do you know whether the file is physically moved to the National Records Center ?
If it is physically moved, should I wait until it's back at the service center before I try talking to Tier-1 ?

[gsingh]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

Here are my 2 cents :

Based on the initial data available for multiple I-485 applications scenario , there is a risk of the second 485 getting transferred to the service center where the original 485 is.
Heard of many cases on telegram/trackitt. However, I am not sure if the I-140 status matters. I think most of them had the EB3 I-140 approved.

The service center differences are real. It shows in the Q4 data released by USCIS. NBC is processing at a much faster pace.
In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

They all start FY22 with the similar backlog.
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

Source: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr4.pdf

At some point USCIS will act and transfer those cases but there is no indication of that happening anytime soon.
If it was me, I would seriously consider withdrawing the LIN application with the hope that it helps keep the second application at NBC. I heard of some cases where the second application stayed at NBC after the withdrawal of first application.
I would suggest doing some more research on this. Follow the relevant trackitt/telegram groups.

Worst case with the withdrawal is your second application still gets transferred to NSC. That means you might loose 2-3 months in the queue(by the RD).
It may be worth taking a chance considering how the processing times differ between NBC and LIN.

[AceMan]

I was going to say the same but hesitated because I din't want to curb Shadow's enthusiasm. See the thing is a company simply wants to retain you as a slave as much as they can. So anything they offer must be seen from that angle.

I hope Shadow was not offended by my assessment. It pains me how the company did not let him downgrade for nearly a year and it was obvious from June 2021, EB2 I dates were performing better than expectations. I suspect the applicant must have been swayed by the final date movement of EB3 I in the last quarter of 2021.

Looking at the big picture, I expect him to be current in EB3 late into FY 2022. I hope his Eb3 140 is approved before that.

[Shadowfax4]

I hope Shadow was not offended by my assessment. It pains me how the company did not let him downgrade for nearly a year and it was obvious from June 2021, EB2 I dates were performing better than expectations. I suspect the applicant must have been swayed by the final date movement of EB3 I in the last quarter of 2021.

Looking at the big picture, I expect him to be current in EB3 late into FY 2022. I hope his Eb3 140 is approved before that.

Absolutely am not offended! :) And yes, the delay in downgrading in Spring/Summer of 2021 was due to issues with my birth certificate. By the time I had that sorted out, it was October. Why we waited to downgrade when said downgrade does not need a BC? No clue. Quite possibly was in the company's best interests to delay things as much as possible to extract ROI (I in ROI referring to indentured servitude, in this case).

If the EB-3I dates move ahead, I will spring for the PP option so that I can interfile if need be.

[Shadowfax4]

Here are my 2 cents :

Based on the initial data available for multiple I-485 applications scenario , there is a risk of the second 485 getting transferred to the service center where the original 485 is.
Heard of many cases on telegram/trackitt. However, I am not sure if the I-140 status matters. I think most of them had the EB3 I-140 approved.

The service center differences are real. It shows in the Q4 data released by USCIS. NBC is processing at a much faster pace.
In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

They all start FY22 with the similar backlog.
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

Source: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2021_qtr4.pdf

At some point USCIS will act and transfer those cases but there is no indication of that happening anytime soon.
If it was me, I would seriously consider withdrawing the LIN application with the hope that it helps keep the second application at NBC. I heard of some cases where the second application stayed at NBC after the withdrawal of first application.
I would suggest doing some more research on this. Follow the relevant trackitt/telegram groups.

Worst case with the withdrawal is your second application still gets transferred to NSC. That means you might loose 2-3 months in the queue(by the RD).
It may be worth taking a chance considering how the processing times differ between NBC and LIN.

Thanks gsingh! I will have a few discussions to see if the company will let me withdraw the pending downgrade. I expect a negative response since the company paid for it. But, fool's hope is a thing. :)

[AceMan]

Absolutely am not offended! :) And yes, the delay in downgrading in Spring/Summer of 2021 was due to issues with my birth certificate. By the time I had that sorted out, it was October. Why we waited to downgrade when said downgrade does not need a BC? No clue. Quite possibly was in the company's best interests to delay things as much as possible to extract ROI (I in ROI referring to indentured servitude, in this case).

If the EB-3I dates move ahead, I will spring for the PP option so that I can interfile if need be.

You can check where your previous 140 was approved from. If the petition starts with SRC it is Texas or if it is LIN then Nebraska. Once you get the 140 receipt you will know if it is the same service center or different. If it is the same service center the chance of your new 140 PP approval is high.

If it is the same service center, I recommend go for PP and sometimes you might get it approved.

[LeoAugust]

Feb-2022 VB out.
FEB VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01JAN13
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01SEP13
EB3-Date For Filing-22JAN12

I think, EB2-I FAD will continue to deep into 2013 and bit of 2014. Expected EB3 movement will happen during 3rd quarter.Let us hope for the best and remain current should be the priority.

[idliman]

Feb-2022 VB out.
FEB VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01JAN13
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01SEP13
EB3-Date For Filing-22JAN12

I think, EB2-I FAD will continue to deep into 2013 and bit of 2014. Expected EB3 movement will happen during 3rd quarter.Let us hope for the best and remain current should be the priority.
Glad to see some movement for EB2 folks. So everyone upto 2012 are FA current and prevented from ageout. I sadly know of one or two cases where the employers refused to downgrade EB2 to EB3. Wishing for the FA dates to get to 01JAN14 so that it is fair for some EB2 folks also.

Applying for GC/AOS and getting GC are different things now-a-days due to extremely long processing times. So always be prepared for the longhaul and don't do stupid things. The first priority should be to get your 180 day AC21 eligibility. Good Luck everyone.

[gsingh]

Glad to see some movement for EB2 folks. So everyone upto 2012 are FA current and prevented from ageout. I sadly know of one or two cases where the employers refused to downgrade EB2 to EB3. Wishing for the FA dates to get to 01JAN14 so that it is fair for some EB2 folks also.

Applying for GC/AOS and getting GC are different things now-a-days due to extremely long processing times. So always be prepared for the longhaul and don't do stupid things. The first priority should be to get your 180 day AC21 eligibility. Good Luck everyone.

Congrats to those who will be current.
Unfortunately the large LIN/SRC backlog continues to grow with no plan from USCIS to address that.
Suggestion for those who need a new I-140 is to avoid concurrent filling. Get the I-140 premium processed and then file the 485.
Try what you can to stay out of LIN/SRC.

[optimista]

@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

[LeoAugust]

@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

I know you ask to @aceman and @Q. I am not an expert but still sharing some thoughts.

You can submit a Case Assistance Request @ https://www.dhs.gov/case-assistance and it usualy take one month. Usually now a days they do respond. SR/ER and reaching out to representative and senator is not working now a days. Especially if you app is at SRC.

[qesehmk]

Hello Optimista

Edit: Added third and probably the most important reason SRC vs NSC service center. I was wrong on the service center differences. Texas i.e. SRC is stuck in anti immigrant lane it seems. Just check the 485 processing times.

There are three possibilities:
1) Your case is stuck at SRC. So no action. Just wait and don't worry.
2) If not #1 then it is possible there is some issue with your case. Wonder if you belonged to indian armed forces or something like that. How about your employer being very small one? Think about similar things and if none of them apply then go to #3
3) Pure luck (or lack thereof). The USCIS is moving dates way ahead and it necessarily results in them randomly approving cases much later than yours and somehow some cases slip through their fingers.

I think the best you can do is simply wait (perhaps do an FOIA). If there are no RFEs that's a good thing. Keep your spirits high. I think it will happen. The USCIS is not exactly an empathetic organization. So just keep waiting. Cheers!

p.s. - We all go through the same. It is exceptional for EB-India 485 cases to be rejected. Although overall rejection rate is 7-8% I personally know of no EB-India case being denied.


@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

[optimista]

I know you ask to @aceman and @Q. I am not an expert but still sharing some thoughts.

You can submit a Case Assistance Request @ https://www.dhs.gov/case-assistance and it usualy take one month. Usually now a days they do respond. SR/ER and reaching out to representative and senator is not working now a days. Especially if you app is at SRC.

Thanks LeoAugust, really appreciate your suggestion as I did not this option exists. I will definitely try it and will post updates here of my experience.

[optimista]

Hi @Q,
Thank you for your feedback.
1. My case is at NSC, Nebraska Service Center. The tier-2 guys have sent a message to NSC asking them status about my application which they are supposed communicate to me once they get it from NSC (by 1/20).
2. No army background (or any other similar reason). My employer is a mid tier vendor, but with a very good results so far, they had a few cases filed along with me and they got it through (but all those cases did have a pre-approved I-140 unlike in my case where I-140 based on a recently approved PERM was filed along with I-485 and I-765.
3. Yes, it is bad luck and slow processing I think.

Only other issue I can think of is for me and my spouse the birth certificates did not have dates, but we have supplied all the documentary evidence we are supposed to provide (additional evidence like 10th certificate, 12th certificate, old domicile certificates, affidavits from parents, and other blood relatives, etc.). TBH, if birth certificates were problem, they would have sent an RFE by now.

I will wait for a few more days and will work on the two options FOIA and status update request.

Wait continues till then.

Thank you for your other gurus continued support. It really means a lot to me and i am sure to may others who are in similar situation.

Let's hope for the best.

Thx.

[qesehmk]

Hi @Q,
Thank you for your feedback.
1. My case is at NSC, Nebraska Service Center. The tier-2 guys have sent a message to NSC asking them status about my application which they are supposed communicate to me once they get it from NSC (by 1/20).
2. No army background (or any other similar reason). My employer is a mid tier vendor, but with a very good results so far, they had a few cases filed along with me and they got it through (but all those cases did have a pre-approved I-140 unlike in my case where I-140 based on a recently approved PERM was filed along with I-485 and I-765.
3. Yes, it is bad luck and slow processing I think.

Only other issue I can think of is for me and my spouse the birth certificates did not have dates, but we have supplied all the documentary evidence we are supposed to provide (additional evidence like 10th certificate, 12th certificate, old domicile certificates, affidavits from parents, and other blood relatives, etc.). TBH, if birth certificates were problem, they would have sent an RFE by now.

I will wait for a few more days and will work on the two options FOIA and status update request.

Wait continues till then.

Thank you for your other gurus continued support. It really means a lot to me and i am sure to may others who are in similar situation.

Let's hope for the best.

Thx.

There are things we will never have answers to. The best we can do is keep hope and enjoy life today. Good things will happen.

I don't see there is anything wrong here. Could be just a kink in USCIS processing machine. Yes an FOIA or the other way must be tried.

Good luck and trust me - there have been people like you before on this forum and eventually they got approved. So it will happen.

[optimista]

There are things we will never have answers to. The best we can do is keep hope and enjoy life today. Good things will happen.

I don't see there is anything wrong here. Could be just a kink in USCIS processing machine. Yes an FOIA or the other way must be tried.

Good luck and trust me - there have been people like you before on this forum and eventually they got approved. So it will happen.

Hi Q,
Thank you for the comments and support. Really appreciate it.
Have a great day and a week ahead.
Cheers

[Greentothemoon]

Hi optimista,
I am in similar situation like you. Applied together I140/485. PD:07/2010, EB3. I have not received anything yet. BM is completed. My case is at SRC as well.
I know at least 5-6 people in my contacts with PD 2010, still waiting for EAD and GC. I am sure there could be many more. I have contacted senator and he is waiting to get response back from USCIS. My EAD expedite request denied twice. I am waiting to receive call from L2 officer. It frustrating as many applicants received GCs post 2011 PDs. lately, I have now moved on at this point and decided to just wait and watch, no more action. Like many have said here, USCIS has been approving randomly. Especially if we are stuck at SRC, its added back luck.
Good luck and hope we will cross this final line soon. Cheers..!!

[optimista]

Hi optimista,
I am in similar situation like you. Applied together I140/485. PD:07/2010, EB3. I have not received anything yet. BM is completed. My case is at SRC as well.
I know at least 5-6 people in my contacts with PD 2010, still waiting for EAD and GC. I am sure there could be many more. I have contacted senator and he is waiting to get response back from USCIS. My EAD expedite request denied twice. I am waiting to receive call from L2 officer. It frustrating as many applicants received GCs post 2011 PDs. lately, I have now moved on at this point and decided to just wait and watch, no more action. Like many have said here, USCIS has been approving randomly. Especially if we are stuck at SRC, its added back luck.
Good luck and hope we will cross this final line soon. Cheers..!!

@greentothemoon,
:-), looks like you are also a crypto degen like me.
Thanks for providing info about your case. Yes, for now, all we can do is wait and watch and additionally follow-up via various means. Hope we all cross finish line soon.
Cheers.

[Transformer]

Since your case is at NSC, I don't think you will get any positive response. The processing time for NSC is 20 months. You are still 4-5 months away to raise an SR. Even if you raise an SR most probably they will close it by saying case under normal processing time. Unfortunately nothing much can be done. Had you done your 140 in PP and then applied for 485 your case might have been ended in NBC and may have gotten GC by now. It's all LUCK at this point of time.

[optimista]

Since your case is at NSC, I don't think you will get any positive response. The processing time for NSC is 20 months. You are still 4-5 months away to raise an SR. Even if you raise an SR most probably they will close it by saying case under normal processing time. Unfortunately nothing much can be done. Had you done your 140 in PP and then applied for 485 your case might have been ended in NBC and may have gotten GC by now. It's all LUCK at this point of time.

Hi @Transformer,

Thank you for the 2 cents. Yes, I agree, applying to I-140 in PP and then applying to I-485 may have made a difference. But this option was out of question in the month of October 2020, when there was not guarantee that the dates will remain current till I-140 gets approved. Hindsight is 20:20 as they say. Unfortunately being an immigrant, our whole life is a never ending series of Coulda, Woulda, Shoulda. Really frustrating.

Let's hope for the best and remain positive.

Cheers.

[eb2may2011]

Hello All,

Need Advice :How do I convince EMMA to process my case as per the processing time of the new service center?

Our application was transferred from NSC to NBC on Nov 10, 2021.My local field office is Seattle.My application details are as follows;

PD:May 2011
Category : EB2
I140: Approved in PP in Aug 2021
BM:Sept 2021
Case Transferred to NBC: Nov 10, 2021
RD:Nov 5, 2020


My receipt date is well before the receipt date posted by Seattle Field office. I am still not able to raise SR for "case outside normal processing".I tried to raise a SR via, EMMA, and Tier 2 officer.they are all insisting that the case processing time should be as per NSC as my application was originally at NSC. I cited the USCIS website which clearly mentions that case should be processed as per the new service center. I am so frustrated. I don't know what else i can do.Any advice?

[bloddy1]

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

@Aceman - Your assessment is quite right but not sure what determines a case landing at SRC vs. NBC, any insights from you all would be helpful to salvage my situation which is really causing adverse amount of stress. Because of employer challenges I had to wait until Oct 21 for an EB2-I Sep 2010 PD to be filed and when they did they did, a concurrent I-140 (premium approved in 2 weeks) was filed along with 485, 765 and 131 and my case was routed to SRC which as Aceman mentioned seem to have been the poison chalice that I'm realizing I will have to drink. The biometrics was pretty quick within 4-weeks of received date but not much since then.

I have been waiting with no activity and meaning to reach out to my congressman for expedite since my wife needs to visit her sick parents. But starting to realize that I filed it the wrong way and drew the worst service center - TSC. Not sure what was the right way to file i.e., File I-140 non-concurrent in premium, wait for approval and then file just 485? Is that really the way to go so the case routes to NBC? And is there a way to salvage now through I-140 downgrade to EB3 or other means?

I have already reached out to congressman's office to keep the contact warm so I can request for at a minimum an expedited handling of i765/131 so travel is possible but really starting to feel like wait is going to be another couple of years.

Any suggestion would help calm some really frayed nerves with TSC.

[SG2020]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

[LeoAugust]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

That's a part of the process. Give give a week. With PP you should see i140 is approved.

[rohanvus]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

I think you are almost there . Was ur EB2-140 also from TSC before ? I kept trying multiple attempts for PP and got rejected everytime . My EB2-140 was from LIN and not sure is that why my PP keeps getting rejected

[SG2020]

Yes. Both my EB2 and downgrade I-140 are at SRC. PP was rejected twice already. So let's see if things change this time...3rd time's the charm!



I think you are almost there . Was ur EB2-140 also from TSC before ? I kept trying multiple attempts for PP and got rejected everytime . My EB2-140 was from LIN and not sure is that why my PP keeps getting rejected

[gansun]

Hi Gurus,

I need your help

We downgraded our 485 on Oct-2020. My wife started using her EB3 downgraded 485 EAD starting on Sep-2021. We applied for her H4 and H4 EAD renewal on Apr-2021 and it was approved on Oct-2021 (Approved for 3 years with I-94). Now my priority date is current in EB2. I am planning to file a new 485 in EB2? My attorney said, my wife, has to be on H4 status to file a new 485 in EB2. My wife doesn't have a valid H4 Visa. Her visa was expired a year ago. She has H4 - I797A approval notice valid from Sep-21 to Sep-24. If my wife uses AVR (Automatic Visa Re-Validation) via the CA-Mexico border then, will she be back to H4 status?

[LeoAugust]

Seems like a good news: https://twitter.com/USCIS/status/1484628139653451778?s=20

[amey111]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

[srisri]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

I don?t think it impacts immigration status, since you have approved H1 status with both employers. But it could be a legal issue with your new employer as you might have signed a document that you?ll work full time and will not work anywhere else.

[qesehmk]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

You can work on multiple H1 at multiple places at the same time as long as none of those employers have you signed anything that restricts you from doing so.

Govt is ok with it as long as the employer complies with the wage and hours the H1 is approved for. All the best.

[idliman]

Hi Gurus,

I need your help

We downgraded our 485 on Oct-2020. My wife started using her EB3 downgraded 485 EAD starting on Sep-2021. We applied for her H4 and H4 EAD renewal on Apr-2021 and it was approved on Oct-2021 (Approved for 3 years with I-94). Now my priority date is current in EB2. I am planning to file a new 485 in EB2? My attorney said, my wife, has to be on H4 status to file a new 485 in EB2. My wife doesn't have a valid H4 Visa. Her visa was expired a year ago. She has H4 - I797A approval notice valid from Sep-21 to Sep-24. If my wife uses AVR (Automatic Visa Re-Validation) via the CA-Mexico border then, will she be back to H4 status?
Status and Visa go together. You need Visa only to enter the USA and you cannot apply and get a visa stamp unless you are outside of USA. If your wife applied and got a H4 approval, then her status is H4 (with an expiry date on I-94); AOS pending is a backup status and not active currently as USCIS had approved H4 after you had sent the first AOS for her. I don't know why you are applying for a new I-485. Seems to be the new trend. I am not aware of the advantages of new I485 instead of an intefiling.

If you want to work all you need is an EAD. H4 EAD or AOS EAD does not matter for the company. However make sure that you non-immigrant and immigrant status'es are compatible. I-485 is called Adjustment of Status. So it makes sense that you need to be in an non-immigrant status to be adjusted to an immigration status (PR or Green Card). Don't know much about AVR. Maybe others can comment.

IMO, once you have AOS, you do not need to maintain H4 status. AOS based EAD and AP are free and there is no application fee (USCIS fee) for that. Also it comes with other benefits such as 6 month automatic extension.

There are too many things to discuss for your current situation. I suggest you take your attorney's advice and if you need the merits of clarification for why things are done that way, please ask.

[qesehmk]

My attorney said, my wife, has to be on H4 status to file a new 485 in EB2.

Just adding to Idliman's post.

1) I think your wife is already H4 even now. Its dual status H4 + AOS pending.
2) I also think your attorney is wrong that she needs to be in xyz status to file a 485. No Sir. That's plain wrong. Anybody in any legal status can file a 485 which is nothing but a request to adjust applicant's status from whatever legal status s/he has to Permanent Residence status.

I am not an attorney. Get a new attorney and validate what I said and please do post back on forum. Wish you the best my friend.

[gansun]

Thanks Idliman and Q. I will check with different attorney and will update here.

[gammaray]

Just adding to Idliman's post.

1) I think your wife is already H4 even now. Its dual status H4 + AOS pending.
2) I also think your attorney is wrong that she needs to be in xyz status to file a 485. No Sir. That's plain wrong. Anybody in any legal status can file a 485 which is nothing but a request to adjust applicant's status from whatever legal status s/he has to Permanent Residence status.

I am not an attorney. Get a new attorney and validate what I said and please do post back on forum. Wish you the best my friend.

I believe the attorney is saying the spouse is not on H4 and in AOS pending after using the EAD. Since AOS pending is not a status and only "period of authorized stay" and is based on an existing AOS, you then don't have a basis to apply for a new AOS since there is no underlying non-immigrant status. OP needs to clarify with legal that the wife is in continued h4 status (though it would appear she is given h4 approval was the "last action" i.e. it was approved after using the AOS EAD).

[qesehmk]

I believe the attorney is saying the spouse is not on H4 and in AOS pending after using the EAD. Since AOS pending is not a status and only "period of authorized stay" and is based on an existing AOS, you then don't have a basis to apply for a new AOS since there is no underlying non-immigrant status. OP needs to clarify with legal that the wife is in continued h4 status (though it would appear she is given h4 approval was the "last action" i.e. it was approved after using the AOS EAD).

it seems although the approval came in october 2021 - the notice does say Sep 21. So it seems USCIS ensured her H4 status is uninterrupted. I think his lawyer may not have picked that up.

[Transformer]

Just adding to Idliman's post.

1) I think your wife is already H4 even now. Its dual status H4 + AOS pending.
2) I also think your attorney is wrong that she needs to be in xyz status to file a 485. No Sir. That's plain wrong. Anybody in any legal status can file a 485 which is nothing but a request to adjust applicant's status from whatever legal status s/he has to Permanent Residence status.

I am not an attorney. Get a new attorney and validate what I said and please do post back on forum. Wish you the best my friend.

Q,

One can't be on AOS pending status when applying for 485. Has to be on non immigrant status.

OP,

Based on what you described, I don't see your wife on H4 status right now. She started using her EAD in September 21, and H4 approval came in Oct 21. Does she stopped using her EAD immediately after getting H4? If not she is not on H4.

Going to Mexico is an option. Automatic Visa Revalidation puts her back in H4 and you can apply for 485.

BTW, with recent USCIS guidelines, interfiling is a better option than refiling your 485. I am not sure what extra benefit you are going to get by refiling. For interfiling your wife doesn't have to be in H4 status.

[gansun]

it seems although the approval came in October 2021 - the notice does say Sep 21. So it seems USCIS ensured her H4 status is uninterrupted. I think his lawyer may not have picked that up.

The exact I-9 filed date is 09/20/2021. H4 Approval notice date is 10/07/2021 valid from 09/28/2021 to 09/27/2024

[Transformer]

The exact I-9 filed date is 09/20/2021. H4 Approval notice date is 10/07/2021 valid from 09/28/2021 to 09/27/2024

Did she stopped using GC-EAD as soon as H4 approval is received?

[gansun]

No. She is still using the 485 EAD. My attorney said, H4 extension approval is not valid after using 485 EAD. But he said, I am eligible for interfiling.

[Transformer]

No. She is still using the 485 EAD. My attorney said, H4 extension approval is not valid after using 485 EAD. But he said, I am eligible for interfiling.

Your attorney is 100% correct. Once you use GC-EAD you will lose your H4 status and moved AOS pending status and one can't file a new 485 by staying in AOS pending status. I am not sure what is the confusion here.

[qesehmk]

The exact I-9 filed date is 09/20/2021. H4 Approval notice date is 10/07/2021 valid from 09/28/2021 to 09/27/2024

I don't want to come across too confident. But please understand following things and then make a decision.
1) Status and visa are different things. You can acquire status simply by getting your F1 or H1 or F2 or H2 approved (if you are already within United States). If you are already in one valid status and also apply and get approved for another (e.g. F2 to F1 or H4 to F1 etc) you have to file Change of Status. But bottomline is - when in US - you acquire status the moment a relevant application is approved by USCIS. In this case the H4.
2) Dependents anyway have derived status. So as long as your H1 is valid - she is considered to have her status derived from you. If someone is on H4 then their status automatically terminates when H1 terminates. By same way if H1 is valid, H4 is at least treated somewhat favorably if not simply considered in status ( i must admit I do know how much the legal limits can be stretched).
3) What happens when somebody's two consecutive approval periods have a gap? First check if your wife's notices approval periods have any gap between them. It doesn't matter when the notice was approved or communicated. What matters is the validity period. If the prior validity and current have no gap then she was never out of status. If there is a gap - then she has accrued unlawful presence. But because her status is derived - USCIS may very well not treat it as unlawful presence at all. Besides by virtue of #1 they have already granted her H4 status.

I hope this helps. and I am going to put a full stop on this from my side until you come back with your final status on this topic. Definitely worth speaking to another attorney.

My best two you and all. I think this is critical and will help all - so your status update is greatly appreciated.

[gansun]

She don't have any gap in H4. My only confusion is, can she use AVR or not. I checked with another attorney. Now they both are contradicting. He said, My wife can use AVR to come back to H4 status. But anyway, As per the new USCIS alert, I am going to interfile. Thanks to Q, Transformer, and idliman.

[qesehmk]

But anyway, As per the new USCIS alert, I am going to interfile.
Reminds me of Al Pacino's quote from "Scent of a Woman (1992)". It's not kosher so I am going to mask it !! He says - "When in doubt, duck ".

If I were you I would not spend time money etc going to Mexico. I would simply try filing 485 or whatever. What can go wrong? They will deny it - and you will know the basis of denial and i am sure it will have some remedy. Anyway .. thanks for confirming that at least the lawyers can't seem to agree. I am very confident she is not out of status. Good luck.

[LeoAugust]

Hi Gurus,

Does AC21 reset in case of refile/interfile? Please let know.

Thanks

[qesehmk]

Hi Gurus,

Does AC21 reset in case of refile/interfile? Please let know.

Thanks
Once you have filed 485 and six months passed then you file refile interfile - whatever - as long as the original one 485 is pending - you are protected by AC21

p.s. - please see Vsivarama's post and link below. Apparently I was partially wrong. It seems USCIS considers interfiling as changing the basis or original and resets AC21.

[SG2020]

USCIS/TSC finally accepted the third PP request and approved the I-140 in 3 days. Now that I have the I-140, I am hoping it puts me in a better position to request my congressman's help.


Yes. Both my EB2 and downgrade I-140 are at SRC. PP was rejected twice already. So let's see if things change this time...3rd time's the charm!

[LeoAugust]

Once you have filed 485 and six months passed then you file refile interfile - whatever - as long as the original one 485 is pending - you are protected by AC21

Thanks Q. In case I refile for EB2 then I am free to use EAD/AP (EB3-AOS) for travel and job change.

[Transformer]

Hi Gurus,

Does AC21 reset in case of refile/interfile? Please let know.

Thanks

For refile, which means you are filing a new 485, that new 485 has to be pending for 180 days for AC21 to kick in.

For interfile if doesn?t matter.

[qesehmk]

Q,
One can't be on AOS pending status when applying for 485. Has to be on non immigrant status.

Earlier I responded that I am pretty sure OP's spouse is on H4 - never lapsed.
But assuming one has no status ... it is possible that she may not be eligible for 485 filing. That only a lawyer can tell.

[eb2may2011]

Hi all.

I would really appreciate some some urgent advice!! Lawyer filed I485 which had our scribbled corrections in blue ink!

We had filed I485 in Nov 2020. Lawyer had electronically filled the forms (I485, EAD/AP), and sent them to us for review.While reviewing the forms, we noticed several mistakes ( misspelled middle name, mistake in date of marriage etc) .We corrected the mistakes in blue ink and sent them to the lawyer.Our understanding was that the lawyer will make the corrections electronically and send the forms to USCIS.But today when we finally got copies of the forms submitted, we saw that the lawyer had filed the copies which had our scribbled corrections in blue ink!

What can I do now? As per the USCIS website, the forms are to be filled in black in and within the space provided. We had similar mistakes in our EAD/ AP application, but they were approved without any issues.Can I expect the same for 485? or should I file a fresh application?

[vsivarama]

For refile, which means you are filing a new 485, that new 485 has to be pending for 180 days for AC21 to kick in.

For interfile if doesn?t matter.

I may have to disagree with this one. I was doing some research on this when I ran into the below text on USCIS page. Shared the link below. Looks like AC21 clock is reset for interfiling.

"If an employment-based applicant requests to transfer the adjustment application to a different employment-based category based on a new Form I-140, the applicant may not utilize the portability provisions, if applicable, until 180 days or more after making the transfer request. The applicant?s new job offer must be in the same or similar occupational classification as the job for which the petition was initially filed. In essence, transferring the basis of the adjustment application resets the adjudication clock for purposes of portability eligibility.[13] "

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

[vsivarama]

What can I do now? As per the USCIS website, the forms are to be filled in black in and within the space provided. We had similar mistakes in our EAD/ AP application, but they were approved without any issues.Can I expect the same for 485? or should I file a fresh application?

I would not worry, at least not yet. The good news is that your application was accepted despite it being pretty obvious that it had corrections in blue ink. You may want to get a second opinion of what needs to be done. Your lawyer has already made it clear how he sees it by submitting those applications.

[qesehmk]

Great find vsivarama. I think this must be challenged in the courts. This has grave consequences e.g. if you are on EB3 AOS (without work visa) and trying to interfile to EB2 and AC21 is lost then you are instantly out of status.

Am I missing something?



I may have to disagree with this one. I was doing some research on this when I ran into the below text on USCIS page. Shared the link below. Looks like AC21 clock is reset for interfiling.

"If an employment-based applicant requests to transfer the adjustment application to a different employment-based category based on a new Form I-140, the applicant may not utilize the portability provisions, if applicable, until 180 days or more after making the transfer request. The applicant?s new job offer must be in the same or similar occupational classification as the job for which the petition was initially filed. In essence, transferring the basis of the adjustment application resets the adjudication clock for purposes of portability eligibility.[13] "

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

[gammaray]

Great find vsivarama. I think this must be challenged in the courts. This has grave consequences e.g. if you are on EB3 AOS (without work visa) and trying to interfile to EB2 and AC21 is lost then you are instantly out of status.

Am I missing something?

Yes which is why you need to have a valid underlying non-immigrant status to be able to interfile or of course to file a new I-485. Can't do either if just on AOS pending status.

[AceMan]

Great find vsivarama. I think this must be challenged in the courts. This has grave consequences e.g. if you are on EB3 AOS (without work visa) and trying to interfile to EB2 and AC21 is lost then you are instantly out of status.

Am I missing something?

Q, why should one interfile when he is planning to wait for 6 months or more and activate AC21?

[vsivarama]

Q, why should one interfile when he is planning to wait for 6 months or more and activate AC21?

A lot of things can happen in 6 months. Org reshuffling, Layoffs, changes in personal life. A few people may be wanting to get out but now are stuck longer with the current employer. I get why USCIS has that rule in place but practically I can think of lot of scenarios where people could land into trouble. The scenario being discussed is for folks who have already waited 6 plus months on 485 and can currently avail AC21.

[Transformer]

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8

That?s interesting and good find. But with interfiles, there is no guarantee that USCIS accepted or not and you will never know, that is tricky. I think it is better to follow this guideline but lot of attorneys are advising the other way.

[eb2may2011]

I would not worry, at least not yet. The good news is that your application was accepted despite it being pretty obvious that it had corrections in blue ink. You may want to get a second opinion of what needs to be done. Your lawyer has already made it clear how he sees it by submitting those applications.

Thanks for your response. Checking with lawyers now.

Also my application was filed originally at Nebraska.It was transferred to NBC on Nov 9.Now its transferred again to Nebraska from NBC. Is this sort of ping pong with applications common?

[vsivarama]

That?s interesting and good find. But with interfiles, there is no guarantee that USCIS accepted or not and you will never know, that is tricky. I think it is better to follow this guideline but lot of attorneys are advising the other way.

That's why I guess it is worded in a specific way. It says "until 180 days or more after making the transfer request". It does not say anything about the interfiling request being accepted by USCIS as the applicant will never know that. Plus, I believe that's the reason they added 485J so that folks have the received date for their records.

[qesehmk]

Yes which is why you need to have a valid underlying non-immigrant status to be able to interfile or of course to file a new I-485. Can't do either if just on AOS pending status.

Yes. I do think this can and should be challenged in the courts. When a person asks to interfile - s/he is not really withdrawing. So 485 is still in good standing. So why is USCIS is creating novel interpretation?


Q, why should one interfile when he is planning to wait for 6 months or more and activate AC21?
I did not suggest s/he do that. Whoever does interfile while on AOS has a huge problem and that's why lawyer would suggest they must have another valid status (immigrant nonimmigrant doesn't matter imho). Also going back to gansun's case - I am fairly confident his spouse is H4. So in their case interfiling will work.