EB2-3 Predictions (Rather Calculations)

[AceMan]

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.

This is a very valid answer. I was thinking for a person who is interfiling now, he is most likely to have downgraded more than a year back, and high probability of having an EAD with more than 6 months already to kick in AC21. It is like looking for a backup for the backup plan.

[waitingforGC1]

Hi Gurus,

Would you please help me with your valuable advice, I read in one of the forums of trackitt that someone who has filed 485 in october 2021 has requested to expedite EAD/AP by chatting with tier 1 agent as he/she has a situation and would have to travel in near future, and the agent did create the ticket and with in a week his/her status changed to "card sent for production".

My question is, is it safe to request to expedite EAD/AP? (Considering our timelines are very much similar such as PD, 485 RD & ND, BM etc and NBC is the service center) as I do also have a family situation which might require me to travel to India, my concern is I dont want to annoy the officers).

Also was wondering what is the average time for EAD/AP approval at NBC- EB2, after BM is completed.

Thanks in advance to all the gurus who are really helping us with the valuable advice and suggestions

[Transformer]

Based on the processing times, NBC timeline for approving an EAD/AP is close to an year.

If you have a situation that requires emergency travel, request for expedite processing. They may reject your expedite request or ask for documentation to prove it or approve without any questions. Every situation is different. Generally the chance of expedite request approval is very very less unless you have a strong case and documentation to prove it.

Expedite request will not have any positive or negative impact to your 485 case.

[mmksgy]

Hello Gurus,

I was referred to your blog via my sister who said you have some valuable insights. I?m hoping I can get some help.

My wife has a priority date of 7-Nov-2013. She downgraded to EB3 in Oct 2020 and got her EAD. My priority date is Oct-2011 and I filed for my 485 last year in Oct. so we had separate 485 applications. But as the EB3 dates retrogressed, we filed an inter file request in Nov-2021 to have her 485 attached to my application. We even tried following up through a house member but received no confirmation of receiving that inter file request. Now my 485 is showing as approved and her?s is still in the same pending status.

Any ideas on how to verify if her?s is tagged along to mine or how to follow up with USCIS?

Thanks a lot!

[NewHere]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

[qesehmk]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

If AC21 applies - no risk to change employers. If you have valid 140 from another category, then of course you can interfile. All the best.

p.s. - vsivarama is 100 % correct. He sites a good risk. Consider that too. But technically it is possible to use any valid 140 to interfile.

[qesehmk]

Hello Gurus,

I was referred to your blog via my sister who said you have some valuable insights. I?m hoping I can get some help.

My wife has a priority date of 7-Nov-2013. She downgraded to EB3 in Oct 2020 and got her EAD. My priority date is Oct-2011 and I filed for my 485 last year in Oct. so we had separate 485 applications. But as the EB3 dates retrogressed, we filed an inter file request in Nov-2021 to have her 485 attached to my application. We even tried following up through a house member but received no confirmation of receiving that inter file request. Now my 485 is showing as approved and her?s is still in the same pending status.

Any ideas on how to verify if her?s is tagged along to mine or how to follow up with USCIS?

Thanks a lot!

Just patience. In the old days all applications would be approved within a couple of days of each other. Now a days we are seeing months of difference.

Sit tight. Ask congressman senator for help since yours is already done.

[qesehmk]

Hi Gurus,

Would you please help me with your valuable advice, I read in one of the forums of trackitt that someone who has filed 485 in october 2021 has requested to expedite EAD/AP by chatting with tier 1 agent as he/she has a situation and would have to travel in near future, and the agent did create the ticket and with in a week his/her status changed to "card sent for production".

My question is, is it safe to request to expedite EAD/AP? (Considering our timelines are very much similar such as PD, 485 RD & ND, BM etc and NBC is the service center) as I do also have a family situation which might require me to travel to India, my concern is I dont want to annoy the officers).

Also was wondering what is the average time for EAD/AP approval at NBC- EB2, after BM is completed.

Thanks in advance to all the gurus who are really helping us with the valuable advice and suggestions

If you have a case with US government, and if the government allows you to follow up expedite or do any other service on the case - then it is your legal right. They can't don't and won't hold it against you.

[vsivarama]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. They will be unable to interfile your request in EB2 as they do not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case they are willing to do so as GC is for future employment.

[waitingforGC1]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply :( i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

[vsivarama]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply :( i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

You can request an expedite request. Just be honest about your situation in case you are unable to provide any documents. The worst case is that they will reject your expedited request saying your application will be processed in due time. They are a service agency to provide you with service as the name suggests. In short they have the right to approve/deny your case based on the merits or your case. They cannot deny you service that you are entitled to.

[qesehmk]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply :( i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

USCIS is US government. And your application is a case with them. They service you. So any service that is available- you are entitled to at least make a request to avail. They may or may not honor it. But they can not punish you for making a request.

[NewHere]

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. He will be unable to interfile your request in EB2 as he does not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case he is willing to do so as GC is for future employment.

Thanks for your reply. I was under impression that to interfile you just need to file I-485j as per latest announcement from USCIS. Can I not file I-485j from my new employer? My I-140 is approved in EB2 as well as now in EB-3 for over 6 months. I-485 is filed in Oct 2020.
I am trying to avoid whole H1/PERM/I-140 process again with new employer if possible. That limits my potential pool of future employers.

[vsivarama]

Thanks for your reply. I was under impression that to interfile you just need to file I-485j as per latest announcement from USCIS. Can I not file I-485j from my new employer? My I-140 is approved in EB2 as well as now in EB-3 for over 6 months. I-485 is filed in Oct 2020.
I am trying to avoid whole H1/PERM/I-140 process again with new employer if possible. That limits my potential pool of future employers.

You need to understand the intricacies involved here. You are filing 485J to transfer to the new employer based on AC21. That's totally separate from interfiling. For interfiling, the sponsoring firm needs to establish the underlying basis to transfer your 485 from EB3 to EB2. Your new employer will NOT have the underlying basis as you do NOT have an EB2 i140 approved through them. Your company holds the ownership of i140 and not you. In your case, the old company would have ownership of both your i140s and not the new one. USCIS asked you to file 485J in addition to your interfiling request. 485J by itself does not replace the interfiling process.

P.S. - If H1 is your concern then you do not need to be on H1 with the new employer. You can file PERM and i140 even when you are on AOS-EAD.

[NewHere]

You need to understand the intricacies involved here. You are filing 485J to transfer to the new employer based on AC21. That's totally separate from interfiling. For interfiling, the sponsoring firm needs to establish the underlying basis to transfer your 485 from EB3 to EB2. Your new employer will NOT have the underlying basis as you do NOT have an EB2 i140 approved through him. Your company holds the ownership of i140 and not you. In your case, the old company would have ownership of your i140 and not the new one.

Thanks again for your patience and explaining the details. This is kind of bummer. I was hoping to change the employer and also take advantage of interfile if my EB-2 (PD Feb 2014) becomes current in future ahead of EB-3. I guess now I have following options assuming my current employer will not support interfile in future once I leave them.


1. Change employer now and if new employer does not start PERM/I-140 process again, stay in EB3 line until my final action date becomes current and I get GC.
2. Change the employer now. I can still use EAD to join so they don't need to transfer my H1b but will need to file a new PERM/I-140 in EB2 so I can get GC in EB2 if those dates become current earlier than EB3. If EB3 advances earlier than EB2, I assume I can still get my GC based on current I-485 filing.
3. Stay with my current employer and interfile to EB2 fwheninal action date becomes current in eB2 category. Leave them once interfile request is accepted by USCIS. Risk here is, if in future EB-3 moves ahead of EB2, I wont be able to downgrade without starting PERM/I-140 with new employer.

Appreciate you time in responding to my posts.

[vsivarama]

Thanks again for your patience and explaining the details. This is kind of bummer. I was hoping to change the employer and also take advantage of interfile if my EB-2 (PD Feb 2014) becomes current in future ahead of EB-3. I guess now I have following options assuming my current employer will not support interfile in future once I leave them.


1. Change employer now and if new employer does not start PERM/I-140 process again, stay in EB3 line until my final action date becomes current and I get GC.
2. Change the employer now. I can still use EAD to join so they don't need to transfer my H1b but will need to file a new PERM/I-140 in EB2 so I can get GC in EB2 if those dates become current earlier than EB3. If EB3 advances earlier than EB2, I assume I can still get my GC based on current I-485 filing.
3. Stay with my current employer and interfile to EB2 fwheninal action date becomes current in eB2 category. Leave them once interfile request is accepted by USCIS. Risk here is, if in future EB-3 moves ahead of EB2, I wont be able to downgrade without starting PERM/I-140 with new employer.

Appreciate you time in responding to my posts.

You are absolutely spot on with your scenarios!!!

[NewHere]

Thanks for the confirmation.

Gurus, based on your prediction or calculation, when do you think Feb 2014 will be current for FAD for EB2 & EB3? I am just trying to see if there is any possibility of EB2 FAD becoming currently in few months, I may stay with current employer but I dont want to continue here for few more years.

[AceMan]

Thanks for the confirmation.

Gurus, based on your prediction or calculation, when do you think Feb 2014 will be current for FAD for EB2 & EB3? I am just trying to see if there is any possibility of EB2 FAD becoming currently in few months, I may stay with current employer but I don't want to continue here for few more years.

EB2 I forward movement will go on till around June 21. Eb2 has 6 times the number of I-140 applicants in Eb3 based on the data in March 2020. I could dig one of the older USCIS document (https://www.uscis.gov/sites/default/files/document/foia/Count_of_Approved_I-140_I-360_and_I-526_Petitions_as_of_April_20_2018_with_a_Priority_ Date_On_or_After_May_2018.PDF) and the number list you can verify here before 2018. If you look at 2020 October/November we had about 30,000 new 140 applicants which can be presumed to be downgrades. The latest numbers from FY 21 are listed here https://www.uscis.gov/sites/default/files/document/data/EB_I140_I360_I526_performancedata_fy2021_Q3_Q4.pdf

USCIS is still actively processing 2011 applicants now. Since you already have an EAD, you do not have any travel or job related concerns like an H1B. Eb2 2014 is not going to be have a faster speed than Eb3 2014.

Your final dates getting current in a bulletin, and you getting your GC is 2 different events and with variable outcome for individuals.

I was current from May 2021 and got my GC only in December 2021. Lot of people here were current longer than that, some less than that. I was very lucky with the interview where the officer approved my application by the time I came down from the building after interview. Many people are waiting more than 6 months and their status is just interview complete and additional review needed.

[VV_Nlr]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

[qesehmk]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

My Friend - welcome to blog. Here is what I know. I hope others help too.
1) Never ever say you don't have intention to move back unless you really do because it disqualifies you from GC.
2) You can file for CP whenever you wish. There is no concept of prioirity date for CP.
3) Your PD never expires once are assigned one. Next time you come to USA, you get the same PD as long as you file in EB categories. But your EB priority date is not good for FB
4) If you have H1B years remaining then you can extend anytime without pending GC application. But if your GC application is pending then you can keep extending H1 indefinitely as long as the employer is standing by that H1 and you are employed in the united states (you don't have to be in USA but just an employee of a US entity).

[VV_Nlr]

Q,
Thank you.
I came across the below online. Is this true?

You have one year after your priority date becomes current in the "Application Final Action Dates" chart to pursue your visa or green card. If you do not, the government assumes you have abandoned it, and will give your visa number to the next person in line.

[qesehmk]

Q,
Thank you.
I came across the below online. Is this true?

You have one year after your priority date becomes current in the "Application Final Action Dates" chart to pursue your visa or green card. If you do not, the government assumes you have abandoned it, and will give your visa number to the next person in line.

Honestly I do not know. But knowing what I know - I would think that is wrong. Why? Because US is a place not just with less bureacracy but with less legislation. (Perhaps UK is much better). If the underlying future employment offer stands then I do not think the government will limit you solely based on whether you filed or not within a certain window.

[gammaray]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

Yeah, I think that would be deemed as disqualification if the intention is to procure a gc without actually moving back. Not sure how that would work anyway.

PD and I-140 don't expire. So technically you can apply for I-485 any time in the future if you are back in the country.

The 1-year-after-PD-becomes-current limit for filing I-485 is for the ability to extend H1 beyond six years. If you already used up 6 years of H1B and your PD is current, then the only way you can extend the h1b (in 1 year increments) is by applying for I-485 (or an immigrant visa if outside the country) within 1 year of the PD becoming current.

[waitingforGC1]

Thanks Q and Vsivarama

[VV_Nlr]

Q and Gammaray Thanks for the reply.
Gammaray,

My PD became current in July 2021.
Does that mean..if I don't file for Consular Processing ( I am in India), will I be not able to extend my H1B in 2023?
I am just trying to understand my next course of action..should I file for CP or not?
Please let me know,

[HappyUSA]

is there anyone still waiting for GC , who filed in Oct/Nov 2020 , Straight filers with MSC* series ?


I see very few people left .

[FlowerPot]

is there anyone still waiting for GC , who filed in Oct/Nov 2020 , Straight filers with MSC* series ?


I see very few people left .

My case is pending since 28-oct-2020 (with MSC* EB2 may-2011 pd) but moved to TSC middle of last year and since then its dead silence.
Those guys are sleeping using our case files as their pillows I believe. Their processing times as of date shows early July-2020, so cant raise any request that would get a meaningful response.

[HappyUSA]

Why did it move to TSC ?

[HappyUSA]

Also did you raise SR ?

[FlowerPot]

Also did you raise SR ?

Yes, I did and got the standard response saying its within their processing timeline window. Once every 10 days I check with EMMA and the response is also bland and repetitive.

[rajena]

Looking for suggestions. PD April 2012. With this new USCIS interfiling guidance, Is it worth interfiling to use EB2 or stay in EB3? EB2 and EB3 with the same employer.
Thank you

[SG2020]

I am in the same boat (TSC, PD May 17, 2011). No EAD/AP yet but have biometrics done. Will appreciate thoughts from the regular long-time contributors.

The one concern I had was if the 180 day clock gets reset once you interfile? If that's the case, then staying in queue might be a big deciding factor for many. However, the way TSC is crawling through applications, 180 days might look like a short window as compared to when TSC will finally get to adjudicating I-485 applications.



Looking for suggestions. PD April 2012. With this new USCIS interfiling guidance, Is it worth interfiling to use EB2 or stay in EB3? EB2 and EB3 with the same employer.
Thank you

[waitingforGC1]

Hi Gurus,

I see my 485 status changed to "New Card is being produced" where as my EAD/AP status is unchanged, does it mean that my 485 is approved? and what is the average time for the card to be mailed? also was wondering if my 485 is approved then what are the next steps i should be taking, such as updating HR and do I have to update SSN office as well,? please advice.

Thanks in advance

[qesehmk]

Hi Gurus,

I see my 485 status changed to "New Card is being produced" where as my EAD/AP status is unchanged, does it mean that my 485 is approved? and what is the average time for the card to be mailed? also was wondering if my 485 is approved then what are the next steps i should be taking, such as updating HR and do I have to update SSN office as well,? please advice.

Thanks in advance

Congratulations. Your wait is over. You are a GC holder now. Card and notice is just a formality.
You don't need EAD/AP anymore... although they too might get approved.
Wait until you have the 485 notice to let HR know and wait for the card before you report to SSN office.

Enjoy the freedom.

[waitingforGC1]

Thanks Q :)

Your and other gurus suggestions are very valuable. I was wondering do I have to inform SSN office, as i am planning to go to India the moment I get the card, can I update SSN office once I come back from India or do I have to inform SSN office before I travel. Please advise.

[qesehmk]

Thanks Q :)

Your and other gurus suggestions are very valuable. I was wondering do I have to inform SSN office, as i am planning to go to India the moment I get the card, can I update SSN office once I come back from India or do I have to inform SSN office before I travel. Please advise.

To my knowledge it is not critical at all. Informing SSN is only for your benefit so that they can issue you a new SSN card that has no work restrictions on it. Lets see if others may have any more insights. But if my memory is correct - it is not at all critical.

[android09]

is there anyone still waiting for GC , who filed in Oct/Nov 2020 , Straight filers with MSC* series ?

I see very few people left .

Don?t think there are too many MSC candidates remaining from Oct/Nov 2020. However there is no way to know that. There may be RFE cases out there and. I?m a Jan 2011 PD EB2 cases & I filed Oct 20, 2020 and got my GC Approved on Sept 22, 2021. My friend who is a Nov 2009 case is still stuck. Another victim of the Texas Service Center. he?s been current since March 2021.

[HappyUSA]

Thanks for the response !

I am not even getting responses from Oct/Nov 2020 filers .

I guess , I am one of the few lucky one's still waiting .Raised SR for out of processing time ,got below response

"Due to workload factors not related to your case, USCIS anticipates a delay in completing your case. USCIS is committed to adjudicating immigration benefits in the order received and in a timely and efficient manner."

[Sebiswaiting]

Hello Q and all,
This thread was a lively platform with some valuable insights on with predictions (rather calculations). How do we bring some of those conversatiins back with current situation/data?
I understand that a lot of old timers are finally able to enjoy freedom from hqb/l1b, which is such sweet to see. For rest and new joinees, I wish that I/we can learn ways to better analyse available numbers for prediction. Some factors that we may benefit from learning...

How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

I am sure there are many more factors. I hope the thread gets back to it's purpose and keep the legacy of knowledge, discussion and calculations!!

[qesehmk]

Hello Q and all,
This thread was a lively platform with some valuable insights on with predictions (rather calculations). How do we bring some of those conversatiins back with current situation/data?
I understand that a lot of old timers are finally able to enjoy freedom from hqb/l1b, which is such sweet to see. For rest and new joinees, I wish that I/we can learn ways to better analyse available numbers for prediction. Some factors that we may benefit from learning...

How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

I am sure there are many more factors. I hope the thread gets back to it's purpose and keep the legacy of knowledge, discussion and calculations!!

@sebiswaiting as time goes by newer people need to take lead and contribute. I have done it for a very long time (since 2010) and can't devote time. I am long past GC as well as citizenship. Sorry - I don't mean to disappoint you or anybody. Just that it is a time consuming activity and I can only devote so much time.

[Spectator]

Hello Q and all,
This thread was a lively platform with some valuable insights on with predictions (rather calculations). How do we bring some of those conversatiins back with current situation/data?
I understand that a lot of old timers are finally able to enjoy freedom from hqb/l1b, which is such sweet to see. For rest and new joinees, I wish that I/we can learn ways to better analyse available numbers for prediction. Some factors that we may benefit from learning...

How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

I am sure there are many more factors. I hope the thread gets back to it's purpose and keep the legacy of knowledge, discussion and calculations!!

I can give some pointers to your first question: How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

The montly data needed for this is published here (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html).

You want to look at the lines marked Issuances by FSC or Place of Birth and Visa Class.

Here's a summary for Q1 FY2022 (October - December)

Family - October to December (Q1)
Row Labels ------ FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 - Grand Total
China ----------- 177 -- 1,505 ---- 540 ---- 300 -- 1,893 ------- 4,415
India ------------ 41 ----- 84 ----- 19 ---- 372 -- 1,055 ------- 1,571
Mexico ---------- 395 -- 4,558 ---- 268 ---- 845 -- 1,224 ------- 7,290
Philippines ------ 73 ---- 111 ----- 76 ----- 84 ---- 144 --------- 488
ROW ----------- 3,974 - 12,868 -- 3,557 -- 3,326 -- 6,885 ------ 30,610

Grand Total --- 4,660 - 19,126 -- 4,460 -- 4,927 - 11,201 ------ 44,374

For reference, the total in FY2021 at this stage was 866.


Family - Per Month
Month ----------- FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 --- Total
October ------- 1,758 -- 6,147 -- 1,618 -- 2,035 -- 4,287 -- 15,845
November ------ 1,553 -- 6,710 -- 1,554 -- 1,551 -- 3,734 -- 15,102
December ------ 1,349 -- 6,269 -- 1,288 -- 1,341 -- 3,180 -- 13,427

Grand Total --- 4,660 - 19,126 -- 4,460 -- 4,927 - 11,201 -- 44,374

For reference, the totals in FY2021 were:
October -- 259
November - 350
December - 257


Employment - October to December (Q1)
Row Labels ------ EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 - Grand Total
China ----------- 821 ----- 28 ---- 384 ----- 12 ----- 53 ------- 1,298
India ------------ 51 ------ 7 ---- 418 ----- 44 ------ 5 --------- 525
Mexico ----------- 20 ------ 9 ---- 244 ----- 13 ------ 0 --------- 286
Philippines ------- 0 ----- 12 -- 2,730 ----- 16 ------ 0 ------- 2,758
ROW ------------- 650 -- 1,261 -- 2,941 ---- 832 ------ 5 ------- 5,689

Grand Total --- 1,542 -- 1,317 -- 6,717 ---- 917 ----- 63 ------ 10,556

For reference, the total in FY2021 at this stage was 2,344.


Employment - Per Month
Month ----------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
October --------- 224 ---- 290 -- 1,248 ---- 303 ------ 9 --- 2,074
November -------- 430 ---- 452 -- 1,814 ---- 283 ----- 37 --- 3,016
December -------- 888 ---- 575 -- 3,655 ---- 331 ----- 17 --- 5,466

Grand Total --- 1,542 -- 1,317 -- 6,717 ---- 917 ----- 63 -- 10,556

For reference, the totals in FY2021 were:
October ---- 533
November --- 765
December - 1,046


It's not something I am continuing to update. Someone else needs to take this over.

[vsivarama]

@Sebiswaiting, Number prediction in this day and age has become harder because of the pandemic and other factors like lack of transparency from USCIS. DT was the best thing to happen to USCIS where they realized for the first time that they can get away in courts with providing zero transparency. So definitely the Eb2 and Eb3 movement prediction has become harder (especially without the pending 485 inventory chart). However there is still some value to be gleaned from metrics provided of DOS.


How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

We are not likely to get much spillover next year from FB. In fact I would not be surprised if we do not get any. The CP numbers for FB so far are oct 15828, Nov 15069 and Dec 13398. Total Q1 it is around 44295. On an avg DOS needs to process around 57K each quarter. They can make up the deficit in Q3 and Q4 if they wanted to and it's not a heavy lift. However we do not know how COVID will impact over the coming months, so that's that. I would urge you to take this data with a grain of salt.


How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

EB-I may get horizontal spillover in EB2 and in EB3. But SO numbers in EB3 will be significantly lower. ROW may end up using > 55K of the available numbers. The CP numbers for EB are Oct - 1762, Nov - 2696 and Dec - 5122. Total numbers for Q1 = 9580. Now why do I think in EB3 we may not get good horizontal spillover? The answer is simple Philippines. I am not here to bash any country but just stating the facts. The Philippines CP numbers so far for Q1 in EB3 are (314 + 565 + 1735) = 2614. So just by the trends looks like Philippines is likely to get more than allotted 5600 visas in EB3. How can USCIS do that? Well it can and has done that in the past. They have calculated 7% for the entire EB categories and not 7% for each category. As demand for Philippines is low in EB1 and Eb2 looks like they are trying to adjust the numbers in EB3.


Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

Though people have mixed opinions about USCIS asking people to interfile, I think this is a good proactive measure being taken by USCIS. There are less applications in EB2, USCIS has two choices either keep moving the dates in EB2 or ask folks to interfile up to EB2 so that they can slow down the movement of dates in EB2. If they keep moving dates in EB2 it is only going to create the same mess and GC wastage as last year. Why can't they approve in EB3 and do something like what they are doing for Philippines? USCIS cannot do so because it is bound by the law. Unlike Philippines, EB2-I is not current. When EB2-I is not current, USCIS cannot roll the numbers down to EB3.

[srimurthy]

To my knowledge it is not critical at all. Informing SSN is only for your benefit so that they can issue you a new SSN card that has no work restrictions on it. Lets see if others may have any more insights. But if my memory is correct - it is not at all critical.

WaitingforGC1 - here is a thread with some discussion on the steps after obtaining GC
https://www.qesehmk.org/forums/showthread.php/661-Post-Green-Card-Approval?highlight=steps

[srimurthy]

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!

[qesehmk]

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!

absolutely no problem. Good luck sri!

[Sebiswaiting]

Thank you Q, Spec and Siva.
Spec - those info is helpful.Let me see if I can manage time to gather.
Q - Understandable. I just hope some of us get to know the lanes to navigate amongst available data. I do hope USCIS will be more tranaperant in near future
Siva - thank you. These insights are helpful to keep practical expectations in mind.

[MaheshK]

Hello Gurus, Please guide me on my situation. I have an approved I-140 with PD Feb 2017 with my old employer. I moved to new employer in 2019 and they didn?t start my PERM process yet due to covid. As the process is taking about 18 months to reach I-140 stage, I am really worried if my PD becomes current soon. Based on your experiences please advise me what I should be doing. Thanks so much in advance

[Immigo]

I concurrently filed I-140 and I-1485 in January 2022 (I-140 premium processing). However, I received an RFE for experience letters for I-140. I worked for a bank in NYC for 6 years as a VP in a supervisory role. Unfortunately, the bank does not provide detailed letters of experience. I have a letter from HR which gives start date, end date and designation. However, it does not provide job duties. My manager at the bank also has refused to provide a letter of experience. As a result, I had taken a letter of experience from a peer. However, the RFE indicates that the letter from peer is inadmissible.

Request everyone's help as to what the best course of action will be. Are there other alternatives that are available ? This is an urgent matter and can make or break my green card journey. Any help will be greatly appreciated.

[Nishant11]

Do you have your job posting when you applied which should give the job responsibilities in details?
You letter of job offer is also likely to include similar details

[idliman]

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!
Sri, take the opportunity and switch. Five months or six months does not matter. If it is me, I would push the joining date by 2 weeks so that it is close to the 6 months (5.5 months rounded to 6 months). What USCIS will look for is the intent. Keep a story in the back-pocket for switching. You were working on the same job for 10 years but was not direct. Your employer wanted you to go somewhere else, however you decided to stay in the same job as the GC PERM profile. Or Layoff as a reason also works. However you have to backup (and provide evidences if requested) anything you say in N-400 interview. So if there is any chance to save some paper work, do it also. Better to be prepared for all scenarios.

Good Luck.

Edit: What USCIS AO will look for in N-400 interview is evidence of fraud. Did the employer terminate the relationship on account of factors totally outside of the employee's control (e.g., loss of business, bankruptcy, restructuring or acquisition, move to a new location, etc.)? Or did the employee leave the employer, and if so, why?

To cover yourself, ask the employer to add details from PERM description as additional duties in the offer letter. And don't forget to PDF it and save it for records. Keep a story ready. You are good to go.

[idliman]

I concurrently filed I-140 and I-1485 in January 2022 (I-140 premium processing). However, I received an RFE for experience letters for I-140. I worked for a bank in NYC for 6 years as a VP in a supervisory role. Unfortunately, the bank does not provide detailed letters of experience. I have a letter from HR which gives start date, end date and designation. However, it does not provide job duties. My manager at the bank also has refused to provide a letter of experience. As a result, I had taken a letter of experience from a peer. However, the RFE indicates that the letter from peer is inadmissible.

Request everyone's help as to what the best course of action will be. Are there other alternatives that are available ? This is an urgent matter and can make or break my green card journey. Any help will be greatly appreciated.


Do you have your job posting when you applied which should give the job responsibilities in details?
You letter of job offer is also likely to include similar details

In this case, you have to beef up your supplemental evidences and hope for the best. What is your attorney's advice?

1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
2) Show the PERM job description from 9089.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.

These are the things that I can think off now.

[optimista]

Gurus, Folks,

After the endless wait, finally I received my EAD/AP card. My GC/I-485 application is still pending. As luck would have it, my client has offered me a full time job. They want me to start ASAP sometime next week. My vendor is fine with me jumping to the client side. To give some context, my PD was in August 2010, category EB2, application was submitted in October 2020 (well past 180 days). Although I have accepted clients offer, there are many doubts.

1. Is it safe to use AC21 and move to new employer? What additional paperwork I have to have my new employer do to ensure the transition is smooth?
2. New employer is insisting that I should apply to H1-B as well since it is safe to do so. I am just fed up of this H1-B stamping process and difficulty in travelling. Have you seen people surviving just on EAD/AP? What's the benefit of having an H1-B still at this stage?
3. My wife's EAD/AP is still not processed. She is doing the usual SR, tier-2 cycle. But in general how long it takes for a spouse to get EAD card after the main applicant gets it?

Getting EAD/AP feels really great. Now I truly understand what the term 'get out of jail free card' exactly means :-) LoL.

Thanks to all the Gurus and folks who provided invaluable advice so far to me, it really helped me survive this excruciating process.

Take care you all.

[Immigo]

In this case, you have to beef up your supplemental evidences and hope for the best. What is your attorney's advice?

1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
2) Show the PERM job description from 9089.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.

These are the things that I can think off now.


Thank you idliman - some really useful suggestions. My inline comments are given below:
1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
=> This is not needed as the letter from employer confirms start and end date (but not job duties)
2) Show the PERM job description from 9089.
=> Great suggestion! Unfortunately, Job description in 9089 does not cover my managerial responsibilities, which may become an issue as PERM requires 2 years of management experience :( I was able to find a letter that the employer wrote to USCIS in support of my H1B extension (ongoing job). Again, this does not describe my managerial responsibilities, focuses more on domain expertise and technical skills. However, this may prove to be helpful - will include it in RFE reply.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
=> Same as 2, I-140 has the attached 9089.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.
=> I am able to get a notarized letter from the person who was my direct supervisor for 1 year. Going to add this to the RFE reply as well.

[bookworm]

1. Is it safe to use AC21 and move to new employer? What additional paperwork I have to have my new employer do to ensure the transition is smooth?

Similar situation as yours in 2012. Only 485J would need to be submitted assuming old Job and New Job are similar.

2. New employer is insisting that I should apply to H1-B as well since it is safe to do so. I am just fed up of this H1-B stamping process and difficulty in travelling. Have you seen people surviving just on EAD/AP? What's the benefit of having an H1-B still at this stage?

If your employer is paying for it then it provides you the safety net of continued lawful status in the remote possibility that your GC gets rejected. You can travel on AP and give up your H1B status if you feel like it when you come to that bridge.

3. My wife's EAD/AP is still not processed. She is doing the usual SR, tier-2 cycle. But in general how long it takes for a spouse to get EAD card after the main applicant gets it?

Shouldnt be the case. Get help from your senator/representative to get traction on her case.

I have been on EAD for 9 years, EAD reduces stress for job change but adds 4 hours each time you come back to US (secondary inspection). By the 4th time I was answering questions preemptively in the secondary inspection!

Good luck and god speed in getting your GC.

[amey111]

I am currently working on H1-B visa, and also have approved EAD/AP(as the derivative applicant). I plan to travel to India later this week, and re-enter US on my AP (as H1 is not stamped). If immigration officer asks about H1 and why you entering on AP, any recommendations on what should the response be?

Thank you.

[gammaray]

I am currently working on H1-B visa, and also have approved EAD/AP(as the derivative applicant). I plan to travel to India later this week, and re-enter US on my AP (as H1 is not stamped). If immigration officer asks about H1 and why you entering on AP, any recommendations on what should the response be?

Thank you.

Exactly what 's true-- the H1 isn't stamped so your using AP for travel and continuing working with the same employer as you were on H1b. I don't believe anything will be questioned as such.

[LeoAugust]

Hi Gurus,

With Mar-VB what is your opinion about EB2 FAD how far it will go? Do we see a chance of touching Jan-01-2014?

Appreciate your thoughts.

Thanks

[Transformer]

Hi Gurus,

With Mar-VB what is your opinion about EB2 FAD how far it will go? Do we see a chance of touching Jan-01-2014?

Appreciate your thoughts.

Thanks

Highly unlikely. You can't expect FAD to go beyond FD by end of the FY.

[LeoAugust]

Highly unlikely. You can't expect FAD to go beyond FD by end of the FY.

When do you think it will likely touch Jan-01-2014?

[rave79]

Hi Experts - Need some guidance in my scenario

Company A -- EB2 I-140 approved -- PD 06/2013

Current Company B -- EB2-EB3 downgrade filed Nov'2020 BM done - No EAD/AP - spouse got EAD/AP

EB3 I-140 approved with correct PD 06/2013

EB2 I-140 approved with INCORRECT PD 10/2019 (probably lawyer's mistake which I didn't realize due to the gungho of EB2-EB3 downgrade last year)


1. How painful/difficult to Interfile especially since USCIS is pushing to Interfile/Upgrade to EB2 since my current I-140 does not capture the correct PD 06/2013?

2. Can I file fresh I485 with Supplement J from Company C (totally new) with approved EB-2 I-140 from Company A (since this has correct PD 06/2013).

Please weigh in your thoughts/recommendations?

Thanks

[AnandK]

Dear Gurus,
Can you please suggest if I need to interfile in Eb2 based on the recent notification of USCIS.
Our details are as below
I have applied for I-765(LIN2190177XXX) along with I-485 (LIN2190177XXX ) and I-131(LIN2190177XXX) on 10-30-2020, and gave fingerprints on 05/14/2021, and till now there is no update on any of my cases. I have even raised a service request SR13472107XXXNSC on 12/13/2021, and there is no update on that.
Also, initially when my application was sent on 10-30-2020, we also sent applications my spouse and daughter. However, the applications of my wife and daughter were being processed at the National Benefits Center, and my application was being processed at the Nebraska Service Center. So, for some reason our applications were being processed at different locations.
On 02/12/2021 USCIS rejected the application of my spouse, stating some papers were missing, and subsequently our attorney's office resubmitted her application, and that new application is being processed at MSC center. My spouse?s receipt numbers are as below
I-485 (MSC2191144XXX) - Pending at MSC
I-131 (MSC2191144XXX) ? Approved on 11/10/2021
I-765 (MSC2191144XXX) ? Approved on 11/10/2021
My daughter also gave her fingerprints along with me on 05/14/2021.
My daughter's receipt numbers are as below
1-485 (MSC2190788XXX) ? Pending
I-765 (MSC2190788XXX) ? Approved on 08/06/2021
I-131 ( MSC2190788XXX) ? Approved on 08/06/2021
My daughters I-485(MSC2190788XXX) application was transferred to LIN office on 07/14/2021
On 08/09/2021 I sent I-693 (Report of Medical Examination and Vaccination Record) forms signed by the Civil Surgeon to the pending form I-485 for my daughter and I, to LIN office. We sent the medicals without any RFE from USCIS
On 08-09-2021 my spouse gave fingerprints
On 11-10-2021 my spouse's I-765 was approved
On 01-25-2022 my daughters I-485 was again transferred to MSC center.
Can you please suggest if I should wait for my case to be processed in EB3 or should interfile in EB2with a hope that they will look at my file, and also if that would help in getting all of our applications in one service center.
Thanks in advance,
Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

[vsivarama]

Dear Gurus,
Can you please suggest if I need to interfile in Eb2 based on the recent notification of USCIS.
Our details are as below
Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.

[vsivarama]

1. How painful/difficult to Interfile especially since USCIS is pushing to Interfile/Upgrade to EB2 since my current I-140 does not capture the correct PD 06/2013?



You have to work with your attorney on that. My hope would be that it's not that painful as your downgrade petition had the right PD. If it were that difficult your downgrade petition would have carried your EB2 PD and your 485 would have been rejected.




2. Can I file fresh I485 with Supplement J from Company C (totally new) with approved EB-2 I-140 from Company A (since this has correct PD 06/2013).



This is straight up impossible unless you go through perm and i140 again with company C

[rave79]

You have to work with your attorney on that. My hope would be that it's not that painful as your downgrade petition had the right PD. If it were that difficult your downgrade petition would have carried your EB2 PD and your 485 would have been rejected.



This is straight up impossible unless you go through perm and i140 again with company C


Thank you @vsivarama , Will this block me from Interfiling (rather upgrade/move back to EB2 that USCIS is currentlyasking everyone https://www.uscis.gov/newsroom/alerts/uscis-urges-eligible-applicants-to-switch-employment-based-categories ).

Does the I-140 with incorrect PD need an amendment to capture correct PD or does it need a fresh filing?

I feel like I may lose out staying back in the EB3 for the next 6-12 months :-( because my PD will be current in the next visa bulletin Apr'22

[AnandK]

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.


Thank you Sivarama, I too am thinking to wait for some more time with a hope that it gets approved in EB3.

[vsivarama]

Does the I-140 with incorrect PD need an amendment to capture correct PD or does it need a fresh filing?


This is a clerical error. I do not believe you need to file a new or amend your i140. You lawyer can explain and point out the clerical error in the interfile letter and USCIS should be able to rectify it. You have to work with your lawyer on that. You may want to check out the link below.

https://www.immigration.com/faq/eb2-green-card/procedure-porting-priority-date-one-i-140-another

[rave79]

This is a clerical error. I do not believe you need to file a new or amend your i140. You lawyer can explain and point out the clerical error in the interfile letter and USCIS should be able to rectify it. You have to work with your lawyer on that. You may want to check out the link below.

https://www.immigration.com/faq/eb2-green-card/procedure-porting-priority-date-one-i-140-another


Thanks for your responses @vsivarama, Appreciate it.

[AnandK]

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.

Also, wanted to inform that age of my daughter is 16.

[monsieur]

Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

Alot has happened since you filed your case back in 10/2020 so it means USCIS is actively working on your case. Its unfortunate your case hasn't reached desired outcome i.e approval. Your dates are in 2011 and kid age is in no danger of aging out.

With that said as others have said Interfiling is your decision. If I am in your place, before interfiling for EB2, I will involve my Senator / Reps here. Thats the most straight fwd imho and doesn't cost a penny. If still you don't get response from USCIS then you can start thinking abt EB2 filing.

[AnandK]

Alot has happened since you filed your case back in 10/2020 so it means USCIS is actively working on your case. Its unfortunate your case hasn't reached desired outcome i.e approval. Your dates are in 2011 and kid age is in no danger of aging out.

With that said as others have said Interfiling is your decision. If I am in your place, before interfiling for EB2, I will involve my Senator / Reps here. Thats the most straight fwd imho and doesn't cost a penny. If still you don't get response from USCIS then you can start thinking abt EB2 filing.

Hi Monsieur,

Thanks for the response. You are right that USCIS seems to be actively working on the cases of my spouse and child. However, it looks like they are yet to start working on my case, and that is what is causing anxiety for me.
I have already contacted the office of our congressman last week and waiting for the response. They said it normally takes 30 days for the response from USCIS, so I will wait and watch for the time being.

Thanks
Anandh

[monsieur]

Rule of thumb, primary and dependent are approved in short amount of time. Optimistic in me thinks, your file is complete. USCIS noticed/missed things on your dependent files and reached out to you. When all 3 files are aligned, they will approve it in short window of time.

Wait for congressman response and see where it takes you. I have observed, many folks get canned response - "we are working on it" but their case gets approved within 1 month post congressman/senator enquiry.

All the best!!

[AnandK]

Rule of thumb, primary and dependent are approved in short amount of time. Optimistic in me thinks, your file is complete. USCIS noticed/missed things on your dependent files and reached out to you. When all 3 files are aligned, they will approve it in short window of time.

Wait for congressman response and see where it takes you. I have observed, many folks get canned response - "we are working on it" but their case gets approved within 1 month post congressman/senator enquiry.

All the best!!

Thank you, hope it gets approved soon.

[montyp80]

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. They will be unable to interfile your request in EB2 as they do not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case they are willing to do so as GC is for future employment.

So USCIS is at it's mysterious best again. Here is the case from trackitt

PD: Dec 2012
EB2-EB3 downgrade
Changed employer on EAD in Sept 2021
During the interview handed off new 485j with old EB2I140
GC got approved in a month.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2295847299/finally-case-was-approved-i485-for-both-primary-and-dependent

Apart from that, hear a few more cases (not current in EB3, current in EB2) where they were approved even without an interfile request!

Looks like USCIS might actually bend their own rules to issue a huge amount of visas in EB2.

[rotikapdaaurgc]

Guys, I received a standard RFE (medicals, job offer letter) for my I-485 on Dec 6 2021. My PD is April 2010. My attorney filed RFE response which was received at USCIS on Feb 9, 2022.

Any guesses how much time USCIS takes to make a decision? My case is with TSC.

Cheers

[Immigo]

Thank you idliman - some really useful suggestions. My inline comments are given below:
1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
=> This is not needed as the letter from employer confirms start and end date (but not job duties)
2) Show the PERM job description from 9089.
=> Great suggestion! Unfortunately, Job description in 9089 does not cover my managerial responsibilities, which may become an issue as PERM requires 2 years of management experience :( I was able to find a letter that the employer wrote to USCIS in support of my H1B extension (ongoing job). Again, this does not describe my managerial responsibilities, focuses more on domain expertise and technical skills. However, this may prove to be helpful - will include it in RFE reply.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
=> Same as 2, I-140 has the attached 9089.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.
=> I am able to get a notarized letter from the person who was my direct supervisor for 1 year. Going to add this to the RFE reply as well.

Following up: My I-140 was approved today. The following strategy worked:
1) Shared emails from HR and immigration team from my former employer to confirm that they cannot give detailed job duties in the employment letter.
2) Got notarized letters (not on letter head) from 2 of my former supervisors confirming my job duties.

My understanding is that letters from managers are not accepted unless you can prove that the employer does not provide a letter with detailed job duties (number 1 above). This is an excellent source for reference: https://www.seyfarth.com/dir_docs/publications/RequirementsforPERMEmploymentVerificationLetters.p df

Useful tip: To get the letters notarized, I sent mobile notary to my former supervisors. That way, they just had to show an ID and sign instead of finding to a notary themselves.

Overall, it pays to be more careful at PERM stage itself. Qualifying experience is mentioned in 9089. I was not aware of this. Make sure to discuss with your lawyers that the letters for qualifying experience are strong. In my case, I had additional experience letters which I was unable to use to respond to RFE as the lawyer did not include the experience in 9089.

[mmax123]

To interfile or not?

Hello Experts,

I have a PD of March 2013. My dates/status are in my signature. No updates on 485/EAD/AP since September 2021.

My current EB3 application is now retrogressed. Not sure when EB3 will move again. Maybe in last quarter; but I not very optimistic that March 2013 will become current.

Meanwhile I am current in EB2 FAD as of March. My PERM, which was approved less than a year ago at the current employer, was filed for EB2. So my employer can apply for I140 in premium and then I485J to interfile. Lawyer says that since original PERM is not available, USCIS may reject premium and ask to reapply in 30 days; which we will. They said that usually these types of I140 applications get approved in a month or so. That means the actual interfile application will reach the new California center late April or so.

Interfile will mean my 6 month AC21 clock will get reset. It will cost additional time, money & effort. Also, it is a bet on EB2 being ahead of EB3, which is true right now, but may or may not actually stay that way in future bulletins. Are there any other cons of interfiling? Pro is higher probability of getting GC by September 2022 (but no guarantees of course).

What would you do in my situation? Interfile to EB2?

[montyp80]

To interfile or not?

Hello Experts,

I have a PD of March 2013. My dates/status are in my signature. No updates on 485/EAD/AP since September 2021.

My current EB3 application is now retrogressed. Not sure when EB3 will move again. Maybe in last quarter; but I not very optimistic that March 2013 will become current.

Meanwhile I am current in EB2 FAD as of March. My PERM, which was approved less than a year ago at the current employer, was filed for EB2. So my employer can apply for I140 in premium and then I485J to interfile. Lawyer says that since original PERM is not available, USCIS may reject premium and ask to reapply in 30 days; which we will. They said that usually these types of I140 applications get approved in a month or so. That means the actual interfile application will reach the new California center late April or so.

Interfile will mean my 6 month AC21 clock will get reset. It will cost additional time, money & effort. Also, it is a bet on EB2 being ahead of EB3, which is true right now, but may or may not actually stay that way in future bulletins. Are there any other cons of interfiling? Pro is higher probability of getting GC by September 2022 (but no guarantees of course).

What would you do in my situation? Interfile to EB2?

I cannot speak for whether you should interfile or not. That will have to be your decision. Based on the FY22 Q1 data, TSC and NSC approved roughly 1k/month for the first 3 months of this FY. They currently have a backlog of 97k and 87K respectively. Looking at these numbers, it's very clear that anyone stuck at these centers should figure out a way to get out of those black holes. Based on many telegram groups and trackitt, interfie/refile is helping their cases to move to NBC all the way through GC approval. NBC is processing cases at a much higher rate/speed (they approved roughly 23k cases in Q1). I would definitely consider refile if cost is not an issue or else interfile would be my obvious choice.

[sanjeevchhibber]

My company does not support Refile only Interfile So Is your suggestion for interfile is also for EB3 PD Aug 2011 struck up at Texas cases Or we should just wait

[mmax123]

I cannot speak for whether you should interfile or not. That will have to be your decision. Based on the FY22 Q1 data, TSC and NSC approved roughly 1k/month for the first 3 months of this FY. They currently have a backlog of 97k and 87K respectively. Looking at these numbers, it's very clear that anyone stuck at these centers should figure out a way to get out of those black holes. Based on many telegram groups and trackitt, interfie/refile is helping their cases to move to NBC all the way through GC approval. NBC is processing cases at a much higher rate/speed (they approved roughly 23k cases in Q1). I would definitely consider refile if cost is not an issue or else interfile would be my obvious choice.

Noted. Thank you very much!

I will be paying this out of pocket, but cost is not a concern. Worth the investment if it increases the probability of getting greened this year.

[montyp80]

My company does not support Refile only Interfile So Is your suggestion for interfile is also for EB3 PD Aug 2011 struck up at Texas cases Or we should just wait

USCIS guidance says you should interfile only if the visa is not available to you in EB3. Personally, I would send in interfile request anyway if it helps push USCIS to pick up my case.

Edit: probably had a brain fade moment and I replied originally saying your PD is not current. My bad.

[FarAwayfromGC]

Hi Gurus,

Filed AOS in Oct 2020 and received EAD in Jan 2021 . Filed EAD extension on Sep 01, 2021 .

On March 02 , my I765 and 131 case status changed to "Case Closed Benefit Received by other means " . I485 status still shows "Case transferred and New office has Jurisdiction" .

What does it mean ? Anyone had similar updates ?

-Thanks

[Dhanya]

Hi experts

I am new to this forum. My priority date is January 2013. I got my Green card approved on 03.09.2022

My background
I have been working with the same employer since 2011

I downgraded from Eb2 to Eb3 on november 2020. Interfiled medicals on september 2021

My case transferred from TSC to NBC on december 2021.

Received my EAD in feburary 2022.

I was about to do interfiling, my I485 got approved in EB2 Category

I asked my lawyer, but have not received reply yet

Can any one clarify whether receiving Green card in EB2 is okay without interfiling

Thanks

[qesehmk]

Hi experts

I am new to this forum. My priority date is January 2013. I got my Green card approved on 03.09.2022

My background
I have been working with the same employer since 2011

I downgraded from Eb2 to Eb3 on november 2020. Interfiled medicals on september 2021

My case transferred from TSC to NBC on december 2021.

Received my EAD in feburary 2022.

I was about to do interfiling, my I485 got approved in EB2 Category

I asked my lawyer, but have not received reply yet

Can any one clarify whether receiving Green card in EB2 is okay without interfiling

Thanks

Congratulations Dhanya. You are through. It doesn't matter if you completed your interfile request etc.

[qesehmk]

Hi Gurus,

Filed AOS in Oct 2020 and received EAD in Jan 2021 . Filed EAD extension on Sep 01, 2021 .

On March 02 , my I765 and 131 case status changed to "Case Closed Benefit Received by other means " . I485 status still shows "Case transferred and New office has Jurisdiction" .

What does it mean ? Anyone had similar updates ?

-Thanks

Fingers crossed but it looks to me you may have been greened already.

[Dhanya]

Congratulations Dhanya. You are through. It doesn't matter if you completed your interfile request etc.

Thank you for the response. Really appreciate it.

[FarAwayfromGC]

Fingers crossed but it looks to me you may have been greened already.

Thanks Q ,

Fingers crossed ! hope my journey with immigration will end after 17years !! Wish me luck !

[sushi2012]

hi all - hoping to get some input on my question.

We recently filed for a I-140/485 concurrently. The priority date is September 2012. A few questions
a. Do you all think we stand a reasonable change of getting a GC this fiscal year?
b. If not this fiscal, is there any reason to think we might get retrogressed past my date in the next fiscal? (I'm aware this is hard to predict)
c. I realize filing concurrently is not ideal, but that is what the lawyer insisted we do. If it lands in Nebraska, do we have a sense of how quickly nebraska is processing?

[rotikapdaaurgc]

Hi Guys, USCIS (TSC) received my medical and I485J RFE response on Feb 9, 2022. My EB2 I485 PD is Apr 2010 and I485 Receipt Date is Apr 12, 2012.

I have also raised an SR for the reason ?out of processing times? but it hasn?t been assigned to any officer yet. I have also reached out to my Congressman and Senator.

Is there anything else I can do to get USCIS attention towards my case?

[montyp80]

hi all - hoping to get some input on my question.

We recently filed for a I-140/485 concurrently. The priority date is September 2012. A few questions
a. Do you all think we stand a reasonable change of getting a GC this fiscal year?
b. If not this fiscal, is there any reason to think we might get retrogressed past my date in the next fiscal? (I'm aware this is hard to predict)
c. I realize filing concurrently is not ideal, but that is what the lawyer insisted we do. If it lands in Nebraska, do we have a sense of how quickly nebraska is processing?


1. For 2012 Sept, it is fairly reasonable to expect approval this FY, however, you may have to take some additional steps to get things moving on your case. Such as reaching out to your senator and raising a congressional inquiry on your case. Considering your date is current, such a push would be good for your case.
2. It is definitely hard to predict as it all depends on GC wastage, interfile/refile activities etc.
3. Nebraska and Texas are both black holes right now. You should definitely consider upgrading to PP for your case once you receive the receipts. Once I140 is approved, you can do the things that I have listed in #1.

[montyp80]

Hi Guys, USCIS (TSC) received my medical and I485J RFE response on Feb 9, 2022. My EB2 I485 PD is Apr 2010 and I485 Receipt Date is Apr 12, 2012.

I have also raised an SR for the reason ?out of processing times? but it hasn?t been assigned to any officer yet. I have also reached out to my Congressman and Senator.

Is there anything else I can do to get USCIS attention towards my case?

First of all, I am really sorry to hear that someone from 2010 is still waiting for a GC.

I would say be persistent. Keep reaching out to USCIS through their call center > InfoPass > Tier 1 officer > Tier 2 officer.

Don't be afraid to reach out to your congressman/senator again. Just don't lose hope....you are in the end game and very very close to your destination buddy! Good luck..

[sushi2012]

1. For 2012 Sept, it is fairly reasonable to expect approval this FY, however, you may have to take some additional steps to get things moving on your case. Such as reaching out to your senator and raising a congressional inquiry on your case. Considering your date is current, such a push would be good for your case.
2. It is definitely hard to predict as it all depends on GC wasite, interfile/refile activities etc.
3. Nebraska and Texas are both black holes right now. You should definitely consider upgrading to PP for your case once you receive the receipts. Once I140 is approved, you can do the things that I have listed in #1.

Thank you. The lawyers actually filed the I-140 in premium, so I can definitely try #1.

Very basic question - how would I raise a congressional enquiry? Would a senator or a congress person really followup on my case?

[montyp80]

Thank you. The lawyers actually filed the I-140 in premium, so I can definitely try #1.

Very basic question - how would I raise a congressional enquiry? Would a senator or a congress person really followup on my case?

Ohh absolutely, this option has been available forever and is widely used. A lot of people have been successful in getting things moved faster through their involvement.

You can call their offices or you can even check their website, some senators/congressmen have links on their website to help with such things (USCIS inquiry).

[monsieur]

hi all - hoping to get some input on my question.

We recently filed for a I-140/485 concurrently. The priority date is September 2012. A few questions

Plz share what recently means? Also did you file your medicals which shows you have taken covid vaccines? By browsing various site, my observations says EB-1 cases are approved in 6-8 months, EB-2 cases in 8-12 months and EB-3 cases in 10-12 months. There are always outlier and these processing times are just my hunch.

If you are done with Fingerprinting than its a good sign, otherwise expect notice in within 30-45 days post filing. After FP is done it will be silence for months and you will hear from USCIS for any other info in form of RFE or case transfer or approval. You can just sit tight and enjoy life during this silence period.

As for Senator / Congressman reachout -- Find out under whose jurisdiction you come and check their website. They have dedicated section for folks who would like assistance from Federal agency and have forms to fill.


Covid vaccine query -- 3 of my buddies got RFE for medical even thou they initially submitted, only common thread they all filed before covid vaccine mandate came around Oct 1st 2021. Friend who went for medicals again said doc mentioned this is something many folks are getting coz current administration is pushing for vaccines. One of my friend got RFE for marriage too even thou he is married for 10+ yrs and submitted marriage certificate issued in India.

All the best!!

[namits]

USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work

[immi2012]

Hi Gurus, a long time lurker here. (without an account)

My lawyer made the most basic of mistakes and sent my I-485 application to an incorrect lockbox (Dallas lockbox instead of Chicago lockbox). He said at this point no corrective action can be taken and USCIS should route the application correctly in the next few weeks.
- Has anyone experienced or heard of what happens when the application is sent to the incorrect lockbox location ?
- Is there indeed no corrective action that can be taken ?

My fear is my application lands up in the black hole called "Texas Service Center" and all hope for a GC are dashed with possible retrogression next fiscal year.

Any input is highly appreciated.

[redsox2009]

January 2022

Employment

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ------------595 ------51 -----199 ------ 2 ----- 03 ----- 850
India -------------21 ------28 -----250 ----- 21 ------ 2 ----- 322
Mexico ------------ 4 ------ 0 ----- 65 ------ 0 ------ 0 ------ 69
Philippines ------- 2 ------ 2 ----1403 ----- 11 ------ 0 -----1418
ROW ------------- 236 ---- 525 ----1762 ---- 166 ------16 --- 2705

Grand Total ----- 858 ---- 606 -- 3679 ---- 200 ----- 21 --- 5,634
************************************************** ***************************************


Feburary 2022

Employment

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ------------328 ------15 ----- 97 ------ 7 ----- 05 ----- 452
India -------------53 ------17 -----097 ----- 22 ------ 0 ------189
Mexico ------------ 0 ------ 2 ----- 29 ------ 0 ------ 0 ------ 31
Philippines ------- 8 ------ 4 ----1496 ----- 6 ------ 0 -----1506
ROW ------------- 289 ---- 669 ----1665 ---- 253 ------ 6 --- 2822

Grand Total ----- 670 ---- 707 -- 3384 ---- 288 ----- 11 --- 5,060
************************************************** **************************************

[Sebiswaiting]

What is this redsox? New application or approved application and which form i140/i485/


January 2022

Employment

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ------------595 ------51 -----199 ------ 2 ----- 03 ----- 850
India -------------21 ------28 -----250 ----- 21 ------ 2 ----- 322
Mexico ------------ 4 ------ 0 ----- 65 ------ 0 ------ 0 ------ 69
Philippines ------- 2 ------ 2 ----1403 ----- 11 ------ 0 -----1418
ROW ------------- 236 ---- 525 ----1762 ---- 166 ------16 --- 2705

Grand Total ----- 858 ---- 606 -- 3679 ---- 200 ----- 21 --- 5,634
************************************************** ***************************************


Feburary 2022

Employment

Country --------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
China ------------328 ------15 ----- 97 ------ 7 ----- 05 ----- 452
India -------------53 ------17 -----097 ----- 22 ------ 0 ------189
Mexico ------------ 0 ------ 2 ----- 29 ------ 0 ------ 0 ------ 31
Philippines ------- 8 ------ 4 ----1496 ----- 6 ------ 0 -----1506
ROW ------------- 289 ---- 669 ----1665 ---- 253 ------ 6 --- 2822

Grand Total ----- 670 ---- 707 -- 3384 ---- 288 ----- 11 --- 5,060
************************************************** **************************************

[prepleo]

Hi Gurus, a long time lurker here. (without an account)

My lawyer made the most basic of mistakes and sent my I-485 application to an incorrect lockbox (Dallas lockbox instead of Chicago lockbox). He said at this point no corrective action can be taken and USCIS should route the application correctly in the next few weeks.
- Has anyone experienced or heard of what happens when the application is sent to the incorrect lockbox location ?
- Is there indeed no corrective action that can be taken ?

My fear is my application lands up in the black hole called "Texas Service Center" and all hope for a GC are dashed with possible retrogression next fiscal year.

Any input is highly appreciated.

Sorry to hear this! I am not sure about the re-routing process. Based on 2020-2021 applications, most of the I-485 petitions which I-140 had been approved prior to filing (non-concurrent) ended up with MSC which was faster in processing I-485s compared to the other centers. Most of the concurrent petitions (I-485 with I140) ended up with TSC or NSC. So I believe rerouting may not have an impact on which center you petition goes to. This is based on the trend last year I don't know what is going on this year.

[Spectator]

Here's a gross overview of the approvals for FY2021.

FY2021-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 9,118 --- 6,091 --- 5,113 ----- 182 -- 1,567 --- 22,071
INDIA ---- 30,825 -- 28,246 -- 14,954 ----- 569 ---- 211 --- 74,805
MEXICO ---- 1,285 ----- 939 --- 2,418 --- 1,700 ------ 8 ---- 6,350
PHIL. ------- 245 ----- 546 --- 7,493 ----- 150 ------ 2 ---- 8,436
ROW ------ 20,023 -- 23,919 -- 25,262 -- 13,480 -- 1,161 --- 83,845

TOTAL ---- 61,496 -- 59,741 -- 55,240 -- 16,081 -- 2,949 -- 195,507


More detail can be found in this post (https://www.qesehmk.org/forums/showthread.php/2988-FY2021-DOS-Visa-Report).

[srisri]

Here's a gross overview of the approvals for FY2021.

FY2021-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 9,118 --- 6,091 --- 5,113 ----- 182 -- 1,567 --- 22,071
INDIA ---- 30,825 -- 28,246 -- 14,954 ----- 569 ---- 211 --- 74,805
MEXICO ---- 1,285 ----- 939 --- 2,418 --- 1,700 ------ 8 ---- 6,350
PHIL. ------- 245 ----- 546 --- 7,493 ----- 150 ------ 2 ---- 8,436
ROW ------ 20,023 -- 23,919 -- 25,262 -- 13,480 -- 1,161 --- 83,845

TOTAL ---- 61,496 -- 59,741 -- 55,240 -- 16,081 -- 2,949 -- 195,507


More detail can be found in this post (https://www.qesehmk.org/forums/showthread.php/2988-FY2021-DOS-Visa-Report).

What are the total available Visa for EB for FY 2021?

[Sebiswaiting]

Around 260k. They stated that approx 67k visas remained unused.


What are the total available Visa for EB for FY 2021?

[Sebiswaiting]

Thank you Spec.
74000 is a good dent on the super big India backlog. I hope another 100000 gets processed in 2022.
28k EB2I isn't big compared to the huge backlog in that category, and I hope that this year at least 60k-70k of EB2I gets approved.



Here's a gross overview of the approvals for FY2021.

FY2021-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 9,118 --- 6,091 --- 5,113 ----- 182 -- 1,567 --- 22,071
INDIA ---- 30,825 -- 28,246 -- 14,954 ----- 569 ---- 211 --- 74,805
MEXICO ---- 1,285 ----- 939 --- 2,418 --- 1,700 ------ 8 ---- 6,350
PHIL. ------- 245 ----- 546 --- 7,493 ----- 150 ------ 2 ---- 8,436
ROW ------ 20,023 -- 23,919 -- 25,262 -- 13,480 -- 1,161 --- 83,845

TOTAL ---- 61,496 -- 59,741 -- 55,240 -- 16,081 -- 2,949 -- 195,507


More detail can be found in this post (https://www.qesehmk.org/forums/showthread.php/2988-FY2021-DOS-Visa-Report).

[gammaray]

Thank you Spec.
74000 is a good dent on the super big India backlog. I hope another 100000 gets processed in 2022.
28k EB2I isn't big compared to the huge backlog in that category, and I hope that this year at least 60k-70k of EB2I gets approved.

What doesn't make sense to me is if only 28,246 visas were approved for EB2-I then how at the end of FY-2021, the final action date for EB2-I was at September 2011? And further it now continues to move into 2013 towards 2014. 28,246 constitutes only about 6-7 months of demand being met for EB2 (including dependents), and if prior to FY 2021 EB2 final action was stuck in 2009 then it should now realistically be 6-7 months or so ahead and not 3-4 years (from 2009).

I suppose maybe that implies a lot of people dropped out/left the country or moved to EB-1 or something else, and the demand is much less than then theoretical number of I-140s?

[Sebiswaiting]

Good catch Gamma. I thought about the numbers and progression as well and have some addition to your explanation.
Apart from regular things like people moving to eb1, and many of early PD folks have multiple i140 and have both spouses approved i140.

Also there are a lot of job changes in 2020 and 2021, so some people have been waiting for perm even though dates are current.

Other explanation apart from above-
2021:
I think ROW demand became more than what state dept expected in 2021 in both EB1 and eb2. So together with the wastage and higher ROW demand, the FAD in India EB2 was ahead than how much it should have been.


2022: (my guess only and nothing else)
A good chunk of eb3 processed in 2021 were eb2 downgrades. So that reduced the inventory to some extent.
This year the expectation of carry over from EB1 to EB2 is much larger.
They are also expecting to process significantly more visas than last year so EB2I can benefit as most of the higher count should fall in eb2I category after vertical and horizontal spillover.

They are expecting higher ROW and PH demand in EB3, hence minimal horizontal spill over into EB3, so limited movement.





What doesn't make sense to me is if only 28,246 visas were approved for EB2-I then how at the end of FY-2021, the final action date for EB2-I was at September 2011? And further it now continues to move into 2013 towards 2014. 28,246 constitutes only about 6-7 months of demand being met for EB2 (including dependents), and if prior to FY 2021 EB2 final action was stuck in 2009 then it should now realistically be 6-7 months or so ahead and not 3-4 years (from 2009).

I suppose maybe that implies a lot of people dropped out/left the country or moved to EB-1 or something else, and the demand is much less than then theoretical number of I-140s?

[gammaray]

Good catch Gamma. I thought about the numbers and progression as well and have some addition to your explanation.
Apart from regular things like people moving to eb1, and many of early PD folks have multiple i140 and have both spouses approved i140.

Also there are a lot of job changes in 2020 and 2021, so some people have been waiting for perm even though dates are current.

Other explanation apart from above-
2021:
I think ROW demand became more than what state dept expected in 2021 in both EB1 and eb2. So together with the wastage and higher ROW demand, the FAD in India EB2 was ahead than how much it should have been.


2022: (my guess only and nothing else)
A good chunk of eb3 processed in 2021 were eb2 downgrades. So that reduced the inventory to some extent.
This year the expectation of carry over from EB1 to EB2 is much larger.
They are also expecting to process significantly more visas than last year so EB2I can benefit as most of the higher count should fall in eb2I category after vertical and horizontal spillover.

They are expecting higher ROW and PH demand in EB3, hence minimal horizontal spill over into EB3, so limited movement.

I understand that but the math doesn't still quite make sense. There must be a missing piece. Assuming a mean of 55K/year demand for EB2-I -- from 2009 (FAD before 2021) to 2014 (current FD) is 5 years which amounts to 5 X 55k = 275,000 (+/-) demand. In 2021, 28K EB2 visas were granted so the current pending inventory till 2014 = 247,000. I believe about 30-40K downgraded to EB3, plus maybe some percentage upgraded to EB1, plus some duplicate/abandoned applications. There would still be about 180K or so demand left I would think. Even if all of the 140K spillover for FY2022 was granted to EB-2 (which of course is not true) even then the date shouldn't reach 2014.

An explanation could be a much higher number of downgrades to EB3 occurred, maybe in the 100K range ( which would mean almost everyone from 2013 and 2014 in EB2 downgraded to EB3 when the FD was Jan 2015 in EB3).

[qesehmk]

https://www.cnn.com/2022/04/15/politics/mike-lee-chip-roy-text-messages-jan-6-mark-meadows-overturn-election/index.html

Sen Lee's role in efforts to overturn the election.

And then to think that this was the same guy who was used by his own party to advocate an immigration bill that his own party member held back and eventually the bill died.

Why is this important? It's because some of the backlogged folks mix up Indian right wing politics with American right wing. To be honest I have personally ZERO sympathy for either. However I don't care about personal politics.

For their own benefit, EB backlogged folks will do well to not mix Indian and American right wings. It is in your own own interest folks to understand that Democrats are much more immigration friendly compared to GOP.

You don't need to be a democrat supporter. But just be wise enough to know which horse to bet on.

[Sebiswaiting]

Q,
I agree with you in these views in general. But I have been avoiding commenting on politics for sometime as I saw relations/friendship getting destroyed over rise of increasingly rabid form of right wing across world in 10 years. India's case is going wrose from bad.. with majority (electoral majority from North/West combined, not all) trying to force their views/form of belief on everyone. Food, language, religion, how to do what, painting everything with us vs them, with religion and what not.once again, this is not by commong indians from these regions but the politicians from these region bringing up and poking people there to keep their emotions stimulated for votes.

Here in USA dangerous trends are there but democratic pillars like judiciary, media are still strong even if they can be stronger on side vs another. But freedom is fiercely defended here. In India dominance and super powerful man trait is liked and prayed by many.


I will possible try to delete this post in few mins or try to edit so it gets auto deleted :D




https://www.cnn.com/2022/04/15/politics/mike-lee-chip-roy-text-messages-jan-6-mark-meadows-overturn-election/index.html

Sen Lee's role in efforts to overturn the election.

And then to think that this was the same guy who was used by his own party to advocate an immigration bill that his own party member held back and eventually the bill died.

Why is this important? It's because some of the backlogged folks mix up Indian right wing politics with American right wing. To be honest I have personally ZERO sympathy for either. However I don't care about personal politics.

For their own benefit, EB backlogged folks will do well to not mix Indian and American right wings. It is in your own own interest folks to understand that Democrats are much more immigration friendly compared to GOP.

You don't need to be a democrat supporter. But just be wise enough to know which horse to bet on.

[Sebiswaiting]

Sebiswaiting said:
Today 11:03 PM
Hi Gamma,
Refer this report from USCIS.

https://www.google.com/url?sa=t&sour...-JONYKHsFxMX-h


Your estimated number seems much higher.
Total i140 for India from 2009 to 2014 is around 110000. Now assuming below scenarios it changes like this...

Original - 110,000
Minus 5% duplicate - 99000
Minus 15% both spouse w EB2 - 84000
Minus 20000 downgrade to EB3 - 64000
Minus 12000 upgrade to EB1 - 52000
Minus 1000 found love - 51000
Minus 6000 out of race/dead/moved - 45000
Multiply by 2.5 family count - 112000
Minus 28000 processed in 2021 - 84000

If actuals are somewhere near my assumption, and EB2I gets 85000 slots this year then 2014 can be cleared.

Few nuances..
Upgrade to eb1 may be less.
Downgrade to eb3 was surely more than 20k but many would interfile so considered 20k those who got in EB3 or for EAD so sticking there. Percent of spouse having sponsorship may be more too.

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21


https://www.cnn.com/2022/04/15/politics/mike-lee-chip-roy-text-messages-jan-6-mark-meadows-overturn-election/index.html

Sen Lee's role in efforts to overturn the election.

And then to think that this was the same guy who was used by his own party to advocate an immigration bill that his own party member held back and eventually the bill died.

Why is this important? It's because some of the backlogged folks mix up Indian right wing politics with American right wing. To be honest I have personally ZERO sympathy for either. However I don't care about personal politics.

For their own benefit, EB backlogged folks will do well to not mix Indian and American right wings. It is in your own own interest folks to understand that Democrats are much more immigration friendly compared to GOP.

You don't need to be a democrat supporter. But just be wise enough to know which horse to bet on.

[AceMan]

https://www.cnn.com/2022/04/15/politics/mike-lee-chip-roy-text-messages-jan-6-mark-meadows-overturn-election/index.html

Sen Lee's role in efforts to overturn the election.

And then to think that this was the same guy who was used by his own party to advocate an immigration bill that his own party member held back and eventually the bill died.

Why is this important? It's because some of the backlogged folks mix up Indian right wing politics with American right wing. To be honest I have personally ZERO sympathy for either. However I don't care about personal politics.

For their own benefit, EB backlogged folks will do well to not mix Indian and American right wings. It is in your own own interest folks to understand that Democrats are much more immigration friendly compared to GOP.

You don't need to be a democrat supporter. But just be wise enough to know which horse to bet on.

Any day Republicans are better than Democrats. Extreme left and extreme right have their elements in each parties.

[srisri]

Any day Republicans are better than Democrats. Extreme left and extreme right have their elements in each parties.

I agree, hadn?t been for Trump?s policies slowing down EB1 usage, EB2I wouldn?t have benefited from the spillover resulted from COVID shutdown.

Selfish me taking side, 20 year wait is making me take sides.

[AceMan]

Why is this important? It's because some of the backlogged folks mix up Indian right wing politics with American right wing. To be honest I have personally ZERO sympathy for either. However I don't care about personal politics.

For their own benefit, EB backlogged folks will do well to not mix Indian and American right wings. But just be wise enough to know which horse to bet on.

I recently had a discussion with a friend of mine who is an active BJP supporter in India. He was pointing some things from the new world from his Indian perspective. The Pakistani/Iranian college students leaving Ukraine using Indian flags to get away is a powerful sign of time to come. Pakistan supported US and just see where they are with Imran Khan crying about Indian self-respect. We never heard that from a Pakistan premier before. India buying crude oil from Russia at a discount and US cannot do anything about it. No blockade, no threats not even a murmur from US. I asked him why still Petrol/Diesel/Kerosene prices are high, he mentioned India has to focus on having money which may be used in Sri Lanka to get them out of debt and we get better authority with them compared to China.

Great points, finally I asked the H1 limits for 2023 is 85,000 and the applications received is 420,000+. How many of them would you think are Indians? He said it doesn't matter, most of them are nationalist anyways, and not traitors like you who make fun of Indian leaders after settling in US. I again asked what do you understand about the word traitor? Did you mean to say a person with a different opinion is a traitor? Is it like L K Advani from your own party, whose views does not matter anyways for you guys now. Finally I realized our view points are now poles apart, meaning it will be very difficult to have a sane conversation on a these topics with him in future.

[srisri]

It is never a discussion when people get anxious and start calling names. I have seen people who are from US and have their share of solving problems by engaging volunteers at grass root levels and alleviate poverty. Helping farmers and families of farmers who have committed suicide quietly. It is just resolve to solve problems that drives them. Most of the keyboard warriors get anxious and call people names but in reality they don?t do anything.

[AceMan]

It is never a discussion when people get anxious and start calling names. I have seen people who are from US and have their share of solving problems by engaging volunteers at grass root levels and alleviate poverty. Helping farmers and families of farmers who have committed suicide quietly. It is just resolve to solve problems that drives them. Most of the keyboard warriors get anxious and call people names but in reality they don?t do anything.

I used to do that in India till 2018. For the last 4-5 years i support at local churches, temples and local pantry. Those places i can volunteer in person as well.

[gammaray]

Sebiswaiting said:
Today 11:03 PM
Hi Gamma,
Refer this report from USCIS.

https://www.google.com/url?sa=t&sour...-JONYKHsFxMX-h


Your estimated number seems much higher.
Total i140 for India from 2009 to 2014 is around 110000. Now assuming below scenarios it changes like this...

Original - 110,000
Minus 5% duplicate - 99000
Minus 15% both spouse w EB2 - 84000
Minus 20000 downgrade to EB3 - 64000
Minus 12000 upgrade to EB1 - 52000
Minus 1000 found love - 51000
Minus 6000 out of race/dead/moved - 45000
Multiply by 2.5 family count - 112000
Minus 28000 processed in 2021 - 84000

If actuals are somewhere near my assumption, and EB2I gets 85000 slots this year then 2014 can be cleared.

Few nuances..
Upgrade to eb1 may be less.
Downgrade to eb3 was surely more than 20k but many would interfile so considered 20k those who got in EB3 or for EAD so sticking there. Percent of spouse having sponsorship may be more too.

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21

The url doesn't work. Assuming that number is from uscis, it's only primary applicants. 110000 in 5 years is 22K/ year which sounds right (range is generally 20k - 24k per year, much higher 2015/2016 onwards). If you factor in dependents and multiply 110K by 2.1 to 2.5 is where you get close to the number I was using.

[gammaray]

Any day Republicans are better than Democrats. Extreme left and extreme right have their elements in each parties.

I'm not sure how anyone can make that statement, generally, but especially after Jan 6, 2021. People naturally (inbuilt or a product of their environment) have a right or left leaning in matters of fiscal policies and social preferences, et al; and that is okay, but to say group of political people are better just because they generally concur with certain views, while completing ignoring what nonsense they spew in the media and otherwise , is really ridiculous (and this not just the extreme right it 's a majority of the party). No President and party in modern US history has ever not conceded the election, spread blatant lies and conspiracies (yes even Kevin Mccarthy, house minority leader refused to acknowledge a Biden win for several days). And I won't even get into the Jan 6 insurrection, or the shambles the previous admin was, with blatant nepotism of family and friends holding cabinet and advisory positions of running a country with absolutely no qualifications or experience in the field (Miller was a speech writer and next step was immigration czar, because of course that's logical) -- and the party supported, fought and lied for such an administration.

No matter what political views people hold, but if anyone can still believe and count such a group of people as "good" then I guess there isn't much else to say. It's painful that 30-40% of the country already is so brainwashed and partisan to the point that they completely ignore and minimizes what their side does, and believes the evil is on the other side, but to think that even future citizens are of a similar mold is just sad.

Also, for folks that support a particular side just because of an untended consequence of an anti-immigrant stance adopted by the previous administration, helped them get a gc sooner, is imo, self servient, short sighted and, well, pathetic. I would hope that the US gets better future citizens that think about the state of the country and all it's people and not only what just what helps them. It's like people saying coronavirus was a good thing, or hoping it doesn't go away, because 20 year gc wait time was too much, but nevermind the almost 1 million people dead in this country and 6 million plus dead worldwide.

This is just a vent and I definitely won't want to get into a discussion on this matter so I'll refrain from any other future responses.

[Sebiswaiting]

Right Gamma, the list is from USCIS. I used a multiplying factor of 2.5 as well. What's your take on the assumptions, and flaws/misses. I am pretty sure EB1 upgrade is less than what I considered, both spouse having EB app might be more than my assumption and but there might be few more who aren't in the race any more.


The url doesn't work. Assuming that number is from uscis, it's only primary applicants. 110000 in 5 years is 22K/ year which sounds right (range is generally 20k - 24k per year, much higher 2015/2016 onwards). If you factor in dependents and multiply 110K by 2.1 to 2.5 is where you get close to the number I was using.

[qesehmk]

Any day Republicans are better than Democrats. Extreme left and extreme right have their elements in each parties.
Agree. And I also think that generally all powers that be are united against EB immigration. The slavery works well for the corporations, the lawyers, the USCIS, the politicians. The only mild difference is that dems actually in principle are pro immigration and have consistently advocated for all immigration.

Whereas - republicans are rabidly anti and only made a show of being for EB India and used Sen Mike Lee for that purpose.

[qesehmk]

I recently had a discussion with a friend of mine who is an active BJP supporter in India. He was pointing some things from the new world from his Indian perspective. The Pakistani/Iranian college students leaving Ukraine using Indian flags to get away is a powerful sign of time to come. Pakistan supported US and just see where they are with Imran Khan crying about Indian self-respect. We never heard that from a Pakistan premier before. India buying crude oil from Russia at a discount and US cannot do anything about it. No blockade, no threats not even a murmur from US. I asked him why still Petrol/Diesel/Kerosene prices are high, he mentioned India has to focus on having money which may be used in Sri Lanka to get them out of debt and we get better authority with them compared to China.

Great points, finally I asked the H1 limits for 2023 is 85,000 and the applications received is 420,000+. How many of them would you think are Indians? He said it doesn't matter, most of them are nationalist anyways, and not traitors like you who make fun of Indian leaders after settling in US. I again asked what do you understand about the word traitor? Did you mean to say a person with a different opinion is a traitor? Is it like L K Advani from your own party, whose views does not matter anyways for you guys now. Finally I realized our view points are now poles apart, meaning it will be very difficult to have a sane conversation on a these topics with him in future.

It has become absolutely difficult to have any conversation. So it is best to stick to immigration!

[vsivarama]

Agree. And I also think that generally all powers that be are united against EB immigration. The slavery works well for the corporations, the lawyers, the USCIS, the politicians. The only mild difference is that dems actually in principle are pro immigration and have consistently advocated for all immigration.

Whereas - republicans are rabidly anti and only made a show of being for EB India and used Sen Mike Lee for that purpose.

Q, unfortunately I have to disagree here. Yes, you are right that democrats have a pro immigrant rhetoric. But they have zero intent to help the immigrants as we have seen over the years. They will not pass any meaningful legislation even with majority across all chambers. So apart from the rhetoric which doesn't help anyone. I would say the intent to make a difference for legal immigration for Sen Durbin = Sen Lee = zero. Republicans show us the wolves that they are while democrats are wolves in sheep's clothing.

[qesehmk]

Q, unfortunately I have to disagree here. Yes, you are right that democrats have a pro immigrant rhetoric. But they have zero intent to help the immigrants as we have seen over the years. They will not pass any meaningful legislation even with majority across all chambers. So apart from the rhetoric which doesn't help anyone. I would say the intent to make a difference for legal immigration for Sen Durbin = Sen Lee = zero. Republicans show us the wolves that they are while democrats are wolves in sheep's clothing.
Not just rhetoric - they have always passed legislation for immigration reform only to be met with republican wall.

In case of sen lee - a republican - they supported his legislation - and his own party - republicans failed his legislation.

[Sebiswaiting]

One recent legislation which has proved to be real gift for us backlogged focks is around i140 180 days. Obama admin also tried for EAD. Without the clarity on priority dates being locked after the 180 days of i140 irrespective of it the employer i140 after that, it would have become a long long waiting game of almost forced relation with your employer.


Q, unfortunately I have to disagree here. Yes, you are right that democrats have a pro immigrant rhetoric. But they have zero intent to help the immigrants as we have seen over the years. They will not pass any meaningful legislation even with majority across all chambers. So apart from the rhetoric which doesn't help anyone. I would say the intent to make a difference for legal immigration for Sen Durbin = Sen Lee = zero. Republicans show us the wolves that they are while democrats are wolves in sheep's clothing.

[vsivarama]

Not just rhetoric - they have always passed legislation for immigration reform only to be met with republican wall.

In case of sen lee - a republican - they supported his legislation - and his own party - republicans failed his legislation.

It is pure politics where Dems use Rs as cover for their inaction. Obama had super majority in first two years and did not pass any pro immigration legislation. Later he entrusted the immigration bill to the gang of 8 where Lindsay Graham and Rubio (the definition of bad faith actors) royally screwed the immigrants. Dems where fully aware of Rs intent but still let the s***show continue. More recently they did not pass immigration related provisions through budget reconciliation because the Senate Parliamentarian objected to it. When Rs want to pass a legislation and senate parliamentarian objects they just fire the parliamentarian. (happened when Robert Dove objected to tax cuts in Bush regime). Legal dreamers where left high and dry when they issued DACA. Maybe the nonchalance of the Dems when it comes to passing meaningful immigration reforms had made me this cynical. I don't think they deserve the support of immigrants because they are 5% better than Rs when it comes to legal immigration. Not doing something and keeping the status quo going is easy. That's why you see the politicians cough up 1000s of excuses for not improving the lives of their constituents. Doing something to help their constituents is hard and there is only ever one reason to do it. Because it's the right thing to do.

[rave79]

can't agree more with @vsivarama, Obama was disastrous on his last tenure with immigration, had raised very high hopes of EAD with I-140 and instead threw a paltry H4-EAD.Pureplay vote bank politics.Atleast Rs are clear they will get nothing done....sheep in wolve's clothing is even more dangerous

[qesehmk]

can't agree more with @vsivarama, Obama was disastrous on his last tenure with immigration, had raised very high hopes of EAD with I-140 and instead threw a paltry H4-EAD.Pureplay vote bank politics.Atleast Rs are clear they will get nothing done....sheep in wolve's clothing is even more dangerous
You are ignoring reality that dems have time and again pitched immigration reform - every time shot down by reps.

I can't fathom how you can blame obama for doing something and equate that with republicans who are utterly racist and are on the record saying they are open to immigration from norway but not from other parts of the world.

[gammaray]

One recent legislation which has proved to be real gift for us backlogged focks is around i140 180 days. Obama admin also tried for EAD. Without the clarity on priority dates being locked after the 180 days of i140 irrespective of it the employer i140 after that, it would have become a long long waiting game of almost forced relation with your employer.

This is true.

It's amazing how some immigrants believe the world revolves around them. Obama picked healthcare as first priority when the dems had the super majority. But apparently having universal healthcare for 330 mil citizens of a country is not as important as legal backlog of 1M. That makes perfect sense. Ironically he was crucified for healthcare anyways with the fight to Supreme court continuing 10 years after the law passed -- why you may ask? because the other side terms it as "Socialism". No one should be forced to pay for healthcare because well we are "free" folks in this country. But we are willing to keep paying for uninsured folks because hey that means we are protecting "freedoms" (I always wondered why that doesn't apply to car and house and other insurances where there is no "freedom" to choose, or retroactively to social security for that matter). But that digressing. Obama faced unprecedented obstructionism (mostly for the color of his skin imo even though he's half-white, but that's a separate matter) especially after the first two years, when the house was lost. The house refused to simply pass anything of note, including immigration, which the Senate had passed. His last few years essentially turned into lame duck for that reason with only the executive orders going through which is where some of reforms were made for legal immigration.

[bones20]

Hi All! I have a quick question.

Today I received a notification from USCIS mentioning approval for my wife?s H4-EAD. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

[vsivarama]

Hi All! I have a quick question.

Today I received a notification from USCIS today mentioning approval for my wife?s H4-EAD approval. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

Once you get GC you can ignore any H1 or H4-EAD approvals. Looks like USCIS is spending it's time approving already approved cases than working on cases that need attention. :D

[bones20]

Once you get GC you can ignore any H1 or H4-EAD approvals. Looks like USCIS is spending it's time approving already approved cases than working on cases that need attention. :D

That what I thought. thanks!

[qesehmk]

Hi All! I have a quick question.

Today I received a notification from USCIS today mentioning approval for my wife?s H4-EAD. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

Just today I read very similar thing from a lawyer. It seems there is a deluge of such incidents. I have a hunch that USCIS is back to its dirty tricks and trying to meet some metrics set by biden administration to approve X number of cases and so they are approving these useless cases. Very sad.

[namits]

Hi All,

My wife and my I-485 application was transferred from Texas Service Center to the NBC.
The notice states "Lee's Summit, MO".
How do I check the "processing times"? Or do need to wait till the application has been moved to a local field office?
Any help will be much appreciated.

Thanks

[monsieur]

Hi All,

The notice states "Lee's Summit, MO".
How do I check the "processing times"? Or do need to wait till the application has been moved to a local field office?
Any help will be much appreciated.

Thanks

Lee Summit site is standard naming for all things related to NBC. In general, processing time will be based on your nearest local USCIS office. You may get an RFE for medical soon (within 1.5 months) if you haven't filed it then you will know where your file went.

I went thru something similar but for me case was transferred to San Bernardino instead of my closet USCIS office.

[rave79]

Lee Summit site is standard naming for all things related to NBC. In general, processing time will be based on your nearest local USCIS office. You may get an RFE for medical soon (within 1.5 months) if you haven't filed it then you will know where your file went.

I went thru something similar but for me case was transferred to San Bernardino instead of my closet USCIS office.


How did you get to know your file was xferred to San Bernardino FO?

[monsieur]

How did you get to know your file was xferred to San Bernardino FO?


Coz I got Medical RFE even thou I included medicals in my initial packet.

[namits]

Thanks monsieur!!

[namits]

www.uscis.gov/newsroom/news-releases/uscis-increases-automatic-extension-period-of-work-permits-for-certain-applicants

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

[gcpal15]

Experts,

I had applied in dec 2021 under EB2. My first bio was rejected bcoz FBI couldn't read my prints. i completed my 2nd bio but prints were coming as light only. So I think I might get a RFE for police clearance.
Is it better if I just send my police clearance report proactively without waiting for RFE ? i don't know when I will get RFE or interview

[Zenzone]

Firiends - Its been a while, hope all are doing good. Congrats to those who got greened and good luck to those waiting. Quick question on behalf of one of my friend who is waiting - Is there a good source to view backlogs and case loads by processing centers/Field Offices. Not asking for the standard USCIS tools that have been of minimal help as such. Also, is there anyone who's case is with Phoenix FO. Please update here.

[bloddy1]

See below;

United States Citizenship and Immigration Services (USCIS) has directed Nebraska Service Center (NSC) and Texas Service Center (TSC) to cease adjudication of all Employment-Based (EB) Form I-485 cases other than those based on 4th preference petitions (religious workers, special immigrant juveniles, etc.).

In order to expedite processing of long-pending employment-based Adjustment of Status Application (AOS) applications, NSC and TSC have started transferring AOS applications to the National Benefits Center (NBC) in Lee?s Summit, Missouri.

Note that the EB cases transferred to the NBC will generally be relocated to USCIS field offices for final adjudication, which may include an interview if deemed necessary. There are some cases that may be adjudicated at the NBC if the case has already been deemed interview waived and previously reviewed for eligibility.


Hi Gurus, a long time lurker here. (without an account)

My lawyer made the most basic of mistakes and sent my I-485 application to an incorrect lockbox (Dallas lockbox instead of Chicago lockbox). He said at this point no corrective action can be taken and USCIS should route the application correctly in the next few weeks.
- Has anyone experienced or heard of what happens when the application is sent to the incorrect lockbox location ?
- Is there indeed no corrective action that can be taken ?

My fear is my application lands up in the black hole called "Texas Service Center" and all hope for a GC are dashed with possible retrogression next fiscal year.

Any input is highly appreciated.

[LeoAugust]

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

JUNE VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01SEP14
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01DEC14
EB3-Date For Filing-22JAN12

[rave79]

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

JUNE VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01SEP14
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01DEC14
EB3-Date For Filing-22JAN12

The way these guys move dates aggressively and pull them back at the end of year citing we are huge number of applications...Neither USCIS nor DoS seem to have basic flow control mechanism in place....

[Sebiswaiting]

Looking at FAD movement for June bulletin, seems the final number calculation here might be near actuals :P

Since filing date has not moved in latest so it is safe to assume that FAD will continue to move slowly to filing date for July/Aug/Sept

My EB2 PD is June 2015, and my employer won't start process till end of this year, so by the time they are ready for i140, it will be at least 2 years from now.
Wife's EB2 PD is Dec2014, but not current yet, and her new employer is yet to start as well.
In short , if the movement continue forward, we will have a period where dates are current but waiting for perm to be approved 😃😃
In mid of 2021, we never expected EB2 to move this much else we both wouldn't have switched 😂😂🚗



Sebiswaiting said:
Today 11:03 PM
Hi Gamma,
Refer this report from USCIS.

https://www.google.com/url?sa=t&sour...-JONYKHsFxMX-h


Your estimated number seems much higher.
Total i140 for India from 2009 to 2014 is around 110000. Now assuming below scenarios it changes like this...

Original - 110,000
Minus 5% duplicate - 99000
Minus 15% both spouse w EB2 - 84000
Minus 20000 downgrade to EB3 - 64000
Minus 12000 upgrade to EB1 - 52000
Minus 1000 found love - 51000
Minus 6000 out of race/dead/moved - 45000
Multiply by 2.5 family count - 112000
Minus 28000 processed in 2021 - 84000

If actuals are somewhere near my assumption, and EB2I gets 85000 slots this year then 2014 can be cleared.

Few nuances..
Upgrade to eb1 may be less.
Downgrade to eb3 was surely more than 20k but many would interfile so considered 20k those who got in EB3 or for EAD so sticking there. Percent of spouse having sponsorship may be more too.

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21

[qesehmk]

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21

Sorry I saw this today. Just scroll down and there is the edit functionality there. This seems to be a design issue with the base software and nothing we can change unfortunately. I agree this is not very intuitive or useful but we are stuck with this!

[qesehmk]

Experts,

I had applied in dec 2021 under EB2. My first bio was rejected bcoz FBI couldn't read my prints. i completed my 2nd bio but prints were coming as light only. So I think I might get a RFE for police clearance.
Is it better if I just send my police clearance report proactively without waiting for RFE ? i don't know when I will get RFE or interview
Welcome to forum. I wouldn't send anything. Let them issue an RFE. Why slow them down trying to figure out what have you sent them!

[NewHere]

Hello Gurus,

I need an urgent advise from experts here. Here is my situation.

PD : Feb 2014 (Original EB2-I)
Downgraded during Oct 2020 EB3-I massive movement and received EAD/AP early this year.
Also have H1b extension till Dec 2023 (stamping expired).
When I received my EAD/AP early this year, I checked with my immigration lawyer if I can use EAD/AP to come back to US in summer as I am planning to go to India. Lawyer confirmed that I can use EAD/AP and in future if EB-2 FAD becomes current, I can still interfile.
Now that lawyer has left the firm and new lawyer is handling my case. I spoke to him on Friday to interfile on 1st June to EB-2 but he told me that I can not interfile as I am planning to leave for INdia on 25th May and plan to come back to US on EAD/AP. According to him I need to be on non-immigration visa status in order to interface as eligibility to interface is similar to AoS.
When I insisted, he said he will check again and let me know if we can interfile even if I use AP to come back.

Has anyone here filed for interfile successfully after being on EAD/AP? Any advise is really appreciated.

Thanks in advance.

[qesehmk]

Hello Gurus,

I need an urgent advise from experts here. Here is my situation.

PD : Feb 2014 (Original EB2-I)
Downgraded during Oct 2020 EB3-I massive movement and received EAD/AP early this year.
Also have H1b extension till Dec 2023 (stamping expired).
When I received my EAD/AP early this year, I checked with my immigration lawyer if I can use EAD/AP to come back to US in summer as I am planning to go to India. Lawyer confirmed that I can use EAD/AP and in future if EB-2 FAD becomes current, I can still interfile.
Now that lawyer has left the firm and new lawyer is handling my case. I spoke to him on Friday to interfile on 1st June to EB-2 but he told me that I can not interfile as I am planning to leave for INdia on 25th May and plan to come back to US on EAD/AP. According to him I need to be on non-immigration visa status in order to interface as eligibility to interface is similar to AoS.
When I insisted, he said he will check again and let me know if we can interfile even if I use AP to come back.

Has anyone here filed for interfile successfully after being on EAD/AP? Any advise is really appreciated.

Thanks in advance.

I think what your lawyer is saying is that you can interfile after you come back not before. The logic being you AP may become invalid if you refile now because refiling resets your 180 day clock (just one of the beautiful arbitrary rules USCIS imposes to make your life easier).

[NewHere]

I think what your lawyer is saying is that you can interfile after you come back not before. The logic being you AP may become invalid if you refile now because refiling resets your 180 day clock (just one of the beautiful arbitrary rules USCIS imposes to make your life easier).

Unfortunately no. What my lawyer is saying that if I come back using EAD/AP, my status is not non-immigrant so I can not interfile unless I go back on H1b. That is what surprised me.

[qesehmk]

Unfortunately no. What my lawyer is saying that if I come back using EAD/AP, my status is not non-immigrant so I can not interfile unless I go back on H1b. That is what surprised me.

Doesn't sound right to me. Please understand what AP is. AP ensures that you continue your prior status in USA as if you never left USA. That's what AP is. So if you leave USA come back and your status is exactly the same as prior (i.e. simply enter using AP. forget about your EAD.) then I have extremely hard time understanding how does that make your ineligible for interfiling. In fact I don't even know if there is such a thing as ineligible for interfiling unless the underlying basis (I-140) has been revoked.

In short - the new lawyer seems wrong to me.

[srisri]

Doesn't sound right to me. Please understand what AP is. AP ensures that you continue your prior status in USA as if you never left USA. That's what AP is. So if you leave USA come back and your status is exactly the same as prior (i.e. simply enter using AP. forget about your EAD.) then I have extremely hard time understanding how does that make your ineligible for interfiling. In fact I don't even know if there is such a thing as ineligible for interfiling unless the underlying basis (I-140) has been revoked.

In short - the new lawyer seems wrong to me.

I agree with Q, the lawyer sounds wrong. Are you dealing with lawyer of para legal? If it?s lawyer, your company should immediately look for another lawyer before he/she makes mistakes and causes irreparable damage.

[NewHere]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer :(

[qesehmk]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer :(

I think if you get yourself educated, you can better discuss with your existing lawyer. e.g. EAD/AP is not one thing. EAD is one thing and AP is another. You can use them independently. So try to understand your lawyers exact argument and then deconstruct. Or simple - just pay 100 / 200 dollars to some other lawyer and ask a question. From what you have shared so far - I am quite certain that you should be able to use AP come back and not having to worry about interfile.

Unfortunately company lawyers do not work for you. So their answers are not necessarily in your interest. Good luck and share your final verdict on this whenever this gets clarified.

[dev2010]

Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev

[gammaray]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer :(

It does make sense, when you enter on AP your official status changes to "Parole", even though you can continue to work with the original employer that you were working with before using AP "as if" you were on h1b (Cronin Memo). You can get back to h1b status by filing and approval of the regular h1b extension or a new employer filing a h1b transfer.

I posted this before but this link explains it well:

https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

I think the interpretation of the law is you need to be on a valid official non-immigrant status to change your underlying I-140 EB2/EB3 classification for the I-485.

[qesehmk]

Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev

concurrent is always the way to go ... just to make things speed up

[MidWestMaverick]

concurrent is always the way to go ... just to make things speed up

Q, I would suggest the opposite - file for I-140 in premium and then file for I-485, considering NBC is approving cases within 3-4 months. OP has another issue with Fragomen who tried the same with me and I spent a week convincing them to file non-concurrently.

Just my 2 cents.

[qesehmk]

Q, I would suggest the opposite - file for I-140 in premium and then file for I-485, considering NBC is approving cases within 3-4 months. OP has another issue with Fragomen who tried the same with me and I spent a week convincing them to file non-concurrently.

Just my 2 cents.

May be ... but what if the I-140 takes time and then dates retrogress and only become current 5-10 years from now. Then the candidate loses AC21 protections.

I would personally file concurrently for this reason.

[LeoAugust]

Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev

First go for PP-140 and then for AOS. This way your app will go to NBC and adjudication will be faster. If you do concurrent it will not NBC.

[qesehmk]

I am not going to argue about NBC vs SRC etc ... but by law USCIS and DOS are obligated to process FIFO on 485s where dates are current and visas are available.

With a date like Oct 2010 nothing can go wrong including dates retrogression I talked about earlier. I didn't notice the PD then. So yeah you do have the luxury to go I-140 premium and then file 485.

[dev2010]

Thanks Q, Leo and MidwestMaverick for your valuable inputs. Q has a very valid point about risk in not filing concurrent. But I feel it's a calculated risk considering my 2010 PD. Ideally there should not be any difference between which service center your case lands but unfortunately it does not look like that from the posts I am reading everywhere. People trying all kinds of things to nudge their cases out of Texas and Nebraska into NBC. Will keep this place posted with how my case proceeds. Thanks all

[qesehmk]

Thanks Q, Leo and MidwestMaverick for your valuable inputs. Q has a very valid point about risk in not filing concurrent. But I feel it's a calculated risk considering my 2010 PD. Ideally there should not be any difference between which service center your case lands but unfortunately it does not look like that from the posts I am reading everywhere. People trying all kinds of things to nudge their cases out of Texas and Nebraska into NBC. Will keep this place posted with how my case proceeds. Thanks all

You are welcome dev. It's about time you get your freedom. All the best.

[Sebiswaiting]

Hi Zen, not aware of any full prood data. However there are some groups in telegram who publishes some data, but can't say for sure if that gives complete picture.



Firiends - Its been a while, hope all are doing good. Congrats to those who got greened and good luck to those waiting. Quick question on behalf of one of my friend who is waiting - Is there a good source to view backlogs and case loads by processing centers/Field Offices. Not asking for the standard USCIS tools that have been of minimal help as such. Also, is there anyone who's case is with Phoenix FO. Please update here.

[Sebiswaiting]

Dev, I would recommend concurrent as well.
New cases going to ARC are transfered to NBC. Filing concurrently will reduce the time between applications and possibly faster processing.


Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev

[Positive]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer :(

An I-485 applicant does not have to be in a nonimmigrant status in order to interfile. The Employer's (and by extension, their Attorney's motivation to keep you from the Green Card for a few more years) is different from what the law or even the whims and fancies of USCIS require. Ask him for the rule, memo or case law that is guiding his position. Better still, considering that the I-485 is YOUR's not your employer's, you do not need them or their lawyer (who is also acting as your lawyer for purposes of the I-485) to interfile.

[bloddy1]

Was in your shoes 6-months ago. Similar PD, PERM had just been approved and my firm is basically doesnt do immigration, so I had no choice but to avoid lot of gates and chose to file concurrent/medicals all in one go to TSC. to put it mildly its been zero progress.

6-7months into the process just yesterday my file was transferred to NBC from TSC with no progress what so ever. My 2 cents, I would recommend non-concurrent, because that way your file may get routed sooner to NBC regardless of where you are filing. Especially, if you are going to go Premium I140 you do not have the danger of retrogression, and its a matter of 2-3 weeks for approval. Because to file I1485, attorneys at a minimum need an I-140 receipt number (which is only available 3-4 days after filing) plus I have seen folks that have gone non-concurrent get routed to NBC faster (and get a GC in about 8-9 months total).

Also, I would suggest not doing medicals right away either and interfile/respond to RFE when it arises. Risks and rewards are both your, so you make the decision but 2/3 weeks if employer/attorneys are easier to work with non-concurrent is the way to go


Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev

[dev2010]

Thanks @bloddy1, yeah I convinced Fragomen to do I-140 premium. Paying premium fees out of pocket (which is always legal btw). Will see how it goes. Good to know your case did transfer to NBC. Good luck to you. Hope you get your freedom soon.

[Octgc7]

I came here in the end of 2010 in H4. I started looking for a job in 2014 but since it needed sponsorship, so I had to check with consultancy. They asked me to add experience (which I didn?t have) in the resume for the visa sponsorship. I had 5 years of IT experience from India. I did not take that route.
Fast forward to 2016, I got my H4 EAD and then started job hunting. With the gap, it was very hard to get interviews. But at last, I got a good job offer in IT field itself. But my EAD was expired, and it was in the process of extension, so I couldn?t take that job offer. After 2 weeks or so I got my EAD approved but by that time the job position was filled. Then I gave up looking for job.
Fast forward to 2020, I was able to apply for AOS and by 2021 I got AOS EAD. I was not planning to look for an IT job but decided to give it a try for 6 months. Thus started my next job hunting in the beginning of 2022. I was able to get an IT job (in the same technology I worked before) after 11 years of employment gap in a fortune 100 company. In the interview, I was honest about my gap and my work experience. Thought of writing my experience, to inspire people not to give up.
For those who are interested, there are several companies which are offering Returnship opportunities ? people who have work experience but has employment gap. Mine was not a returnship opportunity.

[montyp80]

It does make sense, when you enter on AP your official status changes to "Parole", even though you can continue to work with the original employer that you were working with before using AP "as if" you were on h1b (Cronin Memo). You can get back to h1b status by filing and approval of the regular h1b extension or a new employer filing a h1b transfer.

I posted this before but this link explains it well:

https://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/

I think the interpretation of the law is you need to be on a valid official non-immigrant status to change your underlying I-140 EB2/EB3 classification for the I-485.

I beg to differ on this. I have seen many cases on telegram groups where USCIS has accepted interfile requests and even given GC to people who started working on EAD.

In my understanding, USCIS is using its discretion to approve these cases.

Also, to get back on H status after using AP, one can make use of Auto Visa Revalidation rule. I know at least one case where a person was able to do this without any issues.

[montyp80]

I am not going to argue about NBC vs SRC etc ... but by law USCIS and DOS are obligated to process FIFO on 485s where dates are current and visas are available.

With a date like Oct 2010 nothing can go wrong including dates retrogression I talked about earlier. I didn't notice the PD then. So yeah you do have the luxury to go I-140 premium and then file 485.


Q, unfortunately, USCIS is definitely NOT following the law in the current scenarios. I have seen cases with PD getting approved between 2010 to 2013, and they have all been random. I still know one person with PD 2010 who is stuck in SRC and has yet to receive his GC.

Regular processing times at SRC/LIN are outrageous and I agree with other users' suggestion that one, if possible, should try and get their I140 approved in PP and then file AOS. A person with PD 2010, they have enough time between now and the end of June to get their I140 approved and file AOS.

[montyp80]

Thanks Q, Leo and MidwestMaverick for your valuable inputs. Q has a very valid point about risk in not filing concurrent. But I feel it's a calculated risk considering my 2010 PD. Ideally there should not be any difference between which service center your case lands but unfortunately it does not look like that from the posts I am reading everywhere. People trying all kinds of things to nudge their cases out of Texas and Nebraska into NBC. Will keep this place posted with how my case proceeds. Thanks all

IMHO, you have enough time to get your I140 approved in PP first and then file AOS. Good luck with your case!

[qesehmk]

Q, unfortunately, USCIS is definitely NOT following the law in the current scenarios. I have seen cases with PD getting approved between 2010 to 2013, and they have all been random. I still know one person with PD 2010 who is stuck in SRC and has yet to receive his GC.

Regular processing times at SRC/LIN are outrageous and I agree with other users' suggestion that one, if possible, should try and get their I140 approved in PP and then file AOS. A person with PD 2010, they have enough time between now and the end of June to get their I140 approved and file AOS.

Thanks Monty. I have to say this is very compelling reasoning.


I beg to differ on this.

I think you meant to say you differ only with the last part i.e. ability to interfile.

My own interpretation is that there is no law governing or banning interfile in status x y or z. It's all crap made up by lawyers or uscis or employers or whatever. Usual scare tactics. It is time we have immigration lawyers who fight for the immigrants.

[GCMirage]

Hi, I was a silent observer on the site for many years. I have checked out of the immigrant matters for few months and am playing catchup now. Looking for pointers or advice on best course of action for my situation.

Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole :).
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.

In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.

As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.

It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.

All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.

Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?

[qesehmk]

Hi, I was a silent observer on the site for many years. I have checked out of the immigrant matters for few months and am playing catchup now. Looking for pointers or advice on best course of action for my situation.

Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole :).
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.

In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.

As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.

It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.

All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.

Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?

This is painful to even hear but I do think you should be greened by September in EB2. USCIS it seems are basically trying to hold off all people who otherwise they are encouraging to file to EB2 until a time when they must consider them for extra visas. And then they are most definitely going to waste visas sighting ability to process visas.

As per your case - I think it is relatively safe if they consider it in EB2. I am not so sure under EB3.

Not to plug in WhereismyGC but if people used it and compared chances in EB2 vs EB3 all this downgrade upgrade and the pain and expenses associate with it might have been unnecessary for a lot of people. Even today USCIS is moving EB2 to totally unrealistic realms and setting up false expectations. I think USCIS has significant number of sadist and racist jerks and losers.

[txsguy]

This is painful to even hear but I do think you should be greened by September in EB2. USCIS it seems are basically trying to hold off all people who otherwise they are encouraging to file to EB2 until a time when they must consider them for extra visas. And then they are most definitely going to waste visas sighting ability to process visas.

As per your case - I think it is relatively safe if they consider it in EB2. I am not so sure under EB3.

Not to plug in WhereismyGC but if people used it and compared chances in EB2 vs EB3 all this downgrade upgrade and the pain and expenses associate with it might have been unnecessary for a lot of people. Even today USCIS is moving EB2 to totally unrealistic realms and setting up false expectations. I think USCIS has significant number of sadist and racist jerks and losers.

Q do you have any foresight on how much the date would retrogress for EB2/EB3 India in Oct 22? I went through old posts and it seems since 2007 this is how USCIS has been functioning. I was under the assumption that filing date will give them better handle on data and would reduce the need to retrogress.

[qesehmk]

Q do you have any foresight on how much the date would retrogress for EB2/EB3 India in Oct 22? I went through old posts and it seems since 2007 this is how USCIS has been functioning. I was under the assumption that filing date will give them better handle on data and would reduce the need to retrogress.

The dates won't retrogress but visa allocation won't be guaranteed for all. EB3-India should move ahead.

[montyp80]

Thanks Monty. I have to say this is very compelling reasoning.



I think you meant to say you differ only with the last part i.e. ability to interfile.

My own interpretation is that there is no law governing or banning interfile in status x y or z. It's all crap made up by lawyers or uscis or employers or whatever. Usual scare tactics. It is time we have immigration lawyers who fight for the immigrants.

According to what I am reading under ?chapter 8: Transfer of underlying basis?, the very first eligibility requirement states, ?1. Continuing Eligibility to Adjust Status?. And to adjust status one must be on a non-immigrant status. And hence I believe, one is not eligible to interfile after they have used EAD for primary employment (H1 is terminated). However, USCIS is using their discretion and pretty much ?allowing? everyone with previously approved EB2I140 (with same or previous employer) to interfile.

[montyp80]

The dates won't retrogress but visa allocation won't be guaranteed for all. EB3-India should move ahead.

As per APRIL DOS data, EB3P (Philippines) has already used close to 11k visas. Which is outrageous. Obviously, DOS is allocating EB2P numbers in EB3P citing low demand in EB2P. This, IMHO, going to hurt EB3I in terms of date movements.

[qesehmk]

According to what I am reading under ?chapter 8: Transfer of underlying basis?, the very first eligibility requirement states, ?1. Continuing Eligibility to Adjust Status?. And to adjust status one must be on a non-immigrant status. And hence I believe, one is not eligible to interfile after they have used EAD for primary employment (H1 is terminated). However, USCIS is using their discretion and pretty much ?allowing? everyone with previously approved EB2I140 (with same or previous employer) to interfile.

EAD is not a status but when one starts using EAD then you lose your H1 status and then your only status is AOS pending which technically is not even a status. It is just a limbo state that is recognized by AC21 law signed during clinton administration.

If a person is already in such a limbo state and waiting to be adjusted to immigrant status by virtue of AC21 then for the life of me I don't understand why changing basis is any problem at all. USCIS is very creative when it comes to stopping Indian/brown immigration. They come up with all sorts of crap and that's what this is. Their rules have no basis in law but then an immigrant who already is in a weak position can't go about challenging them.

Government agencies create their own rules and regulations and USCIS does too. But imho this whole thing about basis transfer is relatively new and they just came up with some explanation to control such transfers. That's how I see it!

[montyp80]

EAD is not a status but when one starts using EAD then you lose your H1 status and then your only status is AOS pending which technically is not even a status. It is just a limbo state that is recognized by AC21 law signed during clinton administration.

If a person is already in such a limbo state and waiting to be adjusted to immigrant status by virtue of AC21 then for the life of me I don't understand why changing basis is any problem at all. USCIS is very creative when it comes to stopping Indian/brown immigration. They come up with all sorts of crap and that's what this is. Their rules have no basis in law but then an immigrant who already is in a weak position can't go about challenging them.

Government agencies create their own rules and regulations and USCIS does too. But imho this whole thing about basis transfer is relatively new and they just came up with some explanation to control such transfers. That's how I see it!

I agree. However, under the new director, I am starting to see current USCIS in a completely different light. They are not following any strict guidelines or at least I am yet to see any case where interfile was rejected citing what is mentioned under Chapter 8. To me, it seems like USCIS is going to accept the interfile requests for everyone with previously approved EB2I140, irrespective of their current status.

I am slowly starting to think that the current director might just be the best thing that ever happened to backlogged community. Hope springs eternal!

[qesehmk]

I agree. However, under the new director, I am starting to see current USCIS in a completely different light. They are not following any strict guidelines or at least I am yet to see any case where interfile was rejected citing what is mentioned under Chapter 8. To me, it seems like USCIS is going to accept the interfile requests for everyone with previously approved EB2I140, irrespective of their current status.

I am slowly starting to think that the current director might just be the best thing that ever happened to backlogged community. Hope springs eternal!

Yes I too think so!

[Sebiswaiting]

Hello folks,
I have a question..not entirely related to prediction but I can link the question to prediction :p

Back ground - both I and wife changed jobs in recent past and GC process will start only after few months.
My wife's priority date is mid Dec 2014.
My PD is June 2015. Both EB2I

By the time hiring process starts, wage determination, perm etc is filed and approved , it will be another 18 months at least.
By then, her H1B would need renewal. Considering PD is in Dec 2014, I am considering that it will be current from Oct this year.

Second back ground -
My PD is in June 2015, and by the time process starts and ready for 485, it will be another 2 year considering very stiff and slow legal dept due to the nature of my employers domain.

Q - Do you see my PD becoming current in coming fiscal?
Original petitioner is ready to hire me as they are seeing growth but they won't be waiting forever unless I join them in a reasonable time.

Question - in case the legal team/employee considers her/my new job different then original EB file, then will we be still getting H1b extension based on earlier i140? Or it will add complexity as current h1b was based on previous employers i140?
And once the PD gets current, will we be getting H1B extension only for 1 year whether or not same PD is applicable?

[montyp80]

Hello folks,
I have a question..not entirely related to prediction but I can link the question to prediction :p

Back ground - both I and wife changed jobs in recent past and GC process will start only after few months.
My wife's priority date is mid Dec 2014.
My PD is June 2015. Both EB2I

By the time hiring process starts, wage determination, perm etc is filed and approved , it will be another 18 months at least.
By then, her H1B would need renewal. Considering PD is in Dec 2014, I am considering that it will be current from Oct this year.

Second back ground -
My PD is in June 2015, and by the time process starts and ready for 485, it will be another 2 year considering very stiff and slow legal dept due to the nature of my employers domain.

Q - Do you see my PD becoming current in coming fiscal?
Original petitioner is ready to hire me as they are seeing growth but they won't be waiting forever unless I join them in a reasonable time.

Question - in case the legal team/employee considers her/my new job different then original EB file, then will we be still getting H1b extension based on earlier i140? Or it will add complexity as current h1b was based on previous employers i140?
And once the PD gets current, will we be getting H1B extension only for 1 year whether or not same PD is applicable?


1. In my opinion, Dec 2014 seems likely before Oct 22. Depending on visa wastage, pending inventory and SO for next year, dates may or may not retrogress from Oct 22.
2. GC is for future employment, so in my understanding, you should be able to use approved I140 from another employer (different than your H1 sponsor) to extend your H1 beyond 6 years (others can chime in on this too). Usually, once PD is current in FAD chart, it is safe to assume that USCIS will provide H1 extension for 1 year. But again, in some cases, I have seen approval greater than 1 year as well.

[kapilsharma]

Not sure write forum. Case stuck in downgrade from eb2 to eb3? What I can do to expedite it? Any advice

[montyp80]

Not sure write forum. Case stuck in downgrade from eb2 to eb3? What I can do to expedite it? Any advice

You haven't provided many details.
PD, Service Center, Interfile status etc.

But from what all I have seen other people are doing:
1. Interfile/Refile (interfile is surely much quicker and least expensive if you decide to go with a lawyer)
2. Once interfiled, follow it up with USCIS/EMMA, Tier1/2 calls, WKD requests etc
3. Political inquiry (call your local reps, senator, congressman/woman and have them follow up with USCIS)
4. Be persistent

[kapilsharma]

Thanks.does it make sense to refile it again. But not sure does it requires new PERM. I think answer is no but can you please confirm.

My employer was keep saying no for downgrade and when finally they filed with downgrade only..

[PDDEC232014]

Hi Folks,
My PD is Dec 23 2014 EB2
What is likely timeline for my PD getting current
Thanks

[Sebiswaiting]

Highly probable that all of Dec 2014 EB2 will be current on or before Oct 2022 visa buletin. If you are lucky it may be current as early as July.


Hi Folks,
My PD is Dec 23 2014 EB2
What is likely timeline for my PD getting current
Thanks

[LeoAugust]

Hope USCIS keeps their promise this time
https://twitter.com/USCIS/status/1529493517894131712

[Positive]

EAD is not a status but when one starts using EAD then you lose your H1 status and then your only status is AOS pending which technically is not even a status. It is just a limbo state that is recognized by AC21 law signed during clinton administration.

If a person is already in such a limbo state and waiting to be adjusted to immigrant status by virtue of AC21 then for the life of me I don't understand why changing basis is any problem at all. USCIS is very creative when it comes to stopping Indian/brown immigration. They come up with all sorts of crap and that's what this is. Their rules have no basis in law but then an immigrant who already is in a weak position can't go about challenging them.

Government agencies create their own rules and regulations and USCIS does too. But imho this whole thing about basis transfer is relatively new and they just came up with some explanation to control such transfers. That's how I see it!

For the record, I let my H1B lapse after I filed AOS in EB3. My date will become current in EB2 next month and my immigration lawyer confirmed that my lack of non-immigrant status is not a hurdle to interfiling.

[LeoAugust]

Hi Gurus,

Please suggest me here. From Jun-1-2022 I will be current. I have already filed my EB3 on Oct-29-2020 with I140 approved and refiled 485 under EB2 on Apr-01-2022. Post filling my applications both EB2 and EB3 is at NBC and yet to be assigned to FO. But at present I am seeing all the approvals are coming from SRC are the interfiled cases .
Do you suggest to go for interfile or just wait and watch now. Appreciate any advice on this.

Also, Do you think, Dec-2013 cases will be adjuducated before Sep-30-2022?

Appreciate any comment and suggestion.

Thanks

[gammaray]

Hi Gurus,

Please suggest me here. From Jun-1-2022 I will be current. I have already filed my EB3 on Oct-29-2020 with I140 approved and refiled 485 under EB2 on Apr-01-2022. Post filling my applications both EB2 and EB3 is at NBC and yet to be assigned to FO. But at present I am seeing all the approvals are coming from SRC are the interfiled cases .
Do you suggest to go for interfile or just wait and watch now. Appreciate any advice on this.

Also, Do you think, Dec-2013 cases will be adjuducated before Sep-30-2022?

Appreciate any comment and suggestion.

Thanks

Multiple I-485's are generally not recommended, was that something your lawyer advised?

How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.

Since USCIS has been harping on interfiling since a couple or so months now, I would think that would be effective and the way to proceed. Not sure what effect the additional I-485 will have on the process.

FAD from next month is till Sep 2014, and it's USCIS stated intention to "attempt" to use all available visas -- in which case Dec 2013 PDs should get it by Oct'22 especially all the documentarily completed applications.

[LeoAugust]

Multiple I-485's are generally not recommended, was that something your lawyer advised?

How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.

Since USCIS has been harping on interfiling since a couple or so months now, I would think that would be effective and the way to proceed. Not sure what effect the additional I-485 will have on the process.

FAD from next month is till Sep 2014, and it's USCIS stated intention to "attempt" to use all available visas -- in which case Dec 2013 PDs should get it by Oct'22 especially all the documentarily completed applications.

Multiple I-485's are generally not recommended, was that something your lawyer advised?
--Yes. EB2 filling was recommended by attorney

How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.
--I talked to EMMA. Live agent mentioned it is not assigned to any FO.

[gammaray]

Multiple I-485's are generally not recommended, was that something your lawyer advised?
--Yes. EB2 filling was recommended by attorney

How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.
--I talked to EMMA. Live agent mentioned it is not assigned to any FO.

Not sure I understand --- so originally your I-140 was approved under EB2, then in Oct 2020 you filed a concurrent I-1485/downgrade I-140 to Eb3 (though if that was the case your application should not be at NBC unless it was transferred after), then in April 2022 filed another I-485 using the original EB2 I-140 instead of interfiling?

[LeoAugust]

Not sure I understand --- so originally your I-140 was approved under EB2, then in Oct 2020 you filed a concurrent I-1485/downgrade I-140 to Eb3 (though if that was the case your application should not be at NBC unless it was transferred after), then in April 2022 filed another I-485 using the original EB2 I-140 instead of interfiling?

EB2 I140 was approved before. Downgrade EB3-I140 approved which was filed on Oct-2020. Apr-1-2022 Eb2-485 was filed and it went to NBC. The moment EB2 was filed EB3-485 moved to NBC. So I am not certain the EB3 movement was because of refile or it was moved from SRC to NBC as many applications were moving.

So my case was never interfiled, though USCIS has been asking to go for interfile.

[qesehmk]

For the record, I let my H1B lapse after I filed AOS in EB3. My date will become current in EB2 next month and my immigration lawyer confirmed that my lack of non-immigrant status is not a hurdle to interfiling.
Thanks Positive. Your first hand experience could be quite useful for others.

[montyp80]

Thanks Positive. Your first hand experience could be quite useful for others.

From what it looks like, for all interfilers, USCIS is only looking for at least one previously approved EB2I140 (with the same or old employer) to consider and accept the TUB request. The intent from USCIS is very clear, issue as many visas as possible this year. Hopefully, the wastage will be less than 10%.

[vsivarama]

EB2 I140 was approved before. Downgrade EB3-I140 approved which was filed on Oct-2020. Apr-1-2022 Eb2-485 was filed and it went to NBC. The moment EB2 was filed EB3-485 moved to NBC. So I am not certain the EB3 movement was because of refile or it was moved from SRC to NBC as many applications were moving.

So my case was never interfiled, though USCIS has been asking to go for interfile.

Since you have already refiled, I would say just let your EB3 application be and do not interfile. Your case is in NBC which is a good thing and for the refiles they are reusing your biometrics etc. from EB3. If ever in future you are pushed to EB3 (not likely in this FY) as it has more favorable date, you are already in the queue instead of bouncing around.

[LeoAugust]

EB2 I140 was approved before. Downgrade EB3-I140 approved which was filed on Oct-2020. Apr-1-2022 Eb2-485 was filed and it went to NBC. The moment EB2 was filed EB3-485 moved to NBC. So I am not certain the EB3 movement was because of refile or it was moved from SRC to NBC as many applications were moving.

So my case was never interfiled, though USCIS has been asking to go for interfile.

Thanks. I am also thinking in the same line. FP already applied to 485 and all. But last meeting from DHS and the way they were promoting to go for interfile it makes think if I need to go for interfile also all the approvals what we see right now are all intefiles. Again, Thanks for your comment.

[gammaray]

Thanks. I am also thinking in the same line. FP already applied to 485 and all. But last meeting from DHS and the way they were promoting to go for interfile it makes think if I need to go for interfile also all the approvals what we see right now are all intefiles. Again, Thanks for your comment.

So BM was applied for the EB2- I485 as well, and you didn't have to do it again? I'm assuming you sent in medicals and similar documents for both I-485's and don't expect any RFE's for any documentation as such.

I would say given USCIS is making a push to issue as many gc's as possible under EB2, interfiling could be a good bet -- you still have 4 months till Sep 31 and if your application is documentarily complete that should be enough time for you to be issued the gc. You might also get lucky if USCIS automatically considers your case under EB2 (and sees you have another I-485 under EB2 anyway) without you having to interfile.

[montyp80]

So BM was applied for the EB2- I485 as well, and you didn't have to do it again? I'm assuming you sent in medicals and similar documents for both I-485's and don't expect any RFE's for any documentation as such.

I would say given USCIS is making a push to issue as many gc's as possible under EB2, interfiling could be a good bet -- you still have 4 months till Sep 31 and if your application is documentarily complete that should be enough time for you to be issued the gc. You might also get lucky if USCIS automatically considers your case under EB2 (and sees you have another I-485 under EB2 anyway) without you having to interfile.

I agree with the other comments above. Do not worry about interfiling considering your both applications are at NBC. It is very likely that your EB2 refile will be processed first. I have seen instances where USCIS did not even wait for someone to interfile and approved the case in EB2 on the basis of the fact that the beneficiary had previously approved EB2I140. This may very well happen with your case too. Good luck.

[LeoAugust]

Thanks @gammaray and @montyp80 Let's see how it is coming around. Last time my PD was current for two months and this year 4 months. Hopefully USCIS is faster this time...

[Sebiswaiting]

I think you can be optimistic about your case getting processed by Sept 30 this year. USCIS stated in some call earlier about cases filled till April, and in today's AiLa update in immigrationgirl blog, she reported that cases filed up to initial week of June will be processed by Sept 30.


Thanks @gammaray and @montyp80 Let's see how it is coming around. Last time my PD was current for two months and this year 4 months. Hopefully USCIS is faster this time...

[A0000Z]

Gurus, What would be the chance for 2016 filling dates in next few years?

[Sebiswaiting]

Without any change of legislation, and if you consider normal years like pre COVID, then it may take decade or more to reach 2016. I hope this proves wrong, but I said above considering
1. fb to eb spillover won't be there
2. EB1 to eb2 spillover won't be there due to eb1 demand.
3. 2015 onwards the pending counts are highers.

Check the movements in 2016 to 2019 Sept. Remember EB demands for then current years like 2008,2009 were much lesser than 2014,2015 or 2016



Gurus, What would be the chance for 2016 filling dates in next few years?

[san_archer]

Hello -

I was hoping to get some information regarding when I can expect I485, I765/I131.

Here are my details -

EB2 Priority Date of Dec 2012.
EB2 - EB3 downgrade - Sept of 2021. I do not have an EB3 I-140.
Receipt date - Oct 4th.
Biometrics - Nov 4th.
I did not interfile.

Currently USCIS predictions for 80% of cases - Nebraska
I765/I131 - 16.5 months
I485 - 32.5 months(!!)

Is anyone in the similar boat as me? When can I expect I765/I131? How accurate are the USCIS predictions?

[montyp80]

Hello -

I was hoping to get some information regarding when I can expect I485, I765/I131.

Here are my details -

EB2 Priority Date of Dec 2012.
EB2 - EB3 downgrade - Sept of 2021. I do not have an EB3 I-140.
Receipt date - Oct 4th.
Biometrics - Nov 4th.
I did not interfile.

Currently USCIS predictions for 80% of cases - Nebraska
I765/I131 - 16.5 months
I485 - 32.5 months(!!)

Is anyone in the similar boat as me? When can I expect I765/I131? How accurate are the USCIS predictions?

Just out of curiosity, why haven't you interfiled?

There are thousands of cases that are still stuck at both NSC and TSC without any activities for more than 18 months now. Interfile has been triggering activities on those 'stuck' cases for many people. I would strongly recommend you consider going that route unless you are ok taking chances with EB3 date movements.

[san_archer]

Just out of curiosity, why haven't you interfiled?

There are thousands of cases that are still stuck at both NSC and TSC without any activities for more than 18 months now. Interfile has been triggering activities on those 'stuck' cases for many people. I would strongly recommend you consider going that route unless you are ok taking chances with EB3 date movements.

That is valid question. I work for a small company based in rural America. I`m the only immigrant here. The awareness of the immigration process is non-existent, and to make matters worse there is a zero-sum game approach. That`s the reality. I had a tough time convincing the management to downgrade from EB2-EB3, and I was only able to do it in Spet 2021 - almost a year late to the party. Interfiling request would have caused more friction and stand offs. The attorney too is not helpful. So, I end up being at the mercy of them. But things might change, I have convinced them to interfile, might happen in two weeks. I just hope, I`m not too late to the party again.

[montyp80]

That is valid question. I work for a small company based in rural America. I`m the only immigrant here. The awareness of the immigration process is non-existent, and to make matters worse there is a zero-sum game approach. That`s the reality. I had a tough time convincing the management to downgrade from EB2-EB3, and I was only able to do it in Spet 2021 - almost a year late to the party. The interfiling request would have caused more friction and stand offs. The attorney too is not helpful. So, I end up being at the mercy of them. But things might change, I have convinced them to interfile, might happen in two weeks. I just hope, I`m not too late to the party again.

That's great that your company is supportive now. Alternately you can also send just an interfile request (without 485j) directly to the center where your case is pending, yourself. Considering you are with the same employer, USCIS may not even send RFE for 485j.

You can use this website to generate your interfile request (if you decide to self-file as a backup): https://gcinfo.org/

Good luck

[PDDEC232014]

My PD 23 Dec 2014
I will be filing for the first time in EB2 i485 AOS if the chart opens in July
What are the chances for FAD to move to Jan 1 2015 with Aug bulletin
Any remote chances for approval before Sep 30 2022
I know this is very stupid, just wondering with so many steps like biometrics - is it a must to be completed before I485 approval or is it mainly for EAD

[GCkaLADDU]

Hello -

I was hoping to get some information regarding when I can expect I485, I765/I131.

Here are my details -

EB2 Priority Date of Dec 2012.
EB2 - EB3 downgrade - Sept of 2021. I do not have an EB3 I-140.
Receipt date - Oct 4th.
Biometrics - Nov 4th.
I did not interfile.

Currently USCIS predictions for 80% of cases - Nebraska
I765/I131 - 16.5 months
I485 - 32.5 months(!!)

Is anyone in the similar boat as me? When can I expect I765/I131? How accurate are the USCIS predictions?

You mentioned you don't have a EB3 I-140. Was your downgrade via an amendment (as opposed to filing a new EB3 I-140) to existing EB2 I-140?

Not sure how interfiling works for amendment cases as per my understanding, an approved amendment makes you show in EB3 and EB2 route is no longer available. I hope i am wrong though.

[Sebiswaiting]

Are you seeing approvals in your friend circle/network? This forum saw a large number of approvals between July 21 - Oct 21. And then few in May22.
USCIS repeatedly saying that they will try to use all EB this FY, but the numbers /sentiments doesn't match so far. May be Q4 will have bulk approval..but that is just hope.
If they waste thousands this year, then it will be a great lost opportunity to reduce EB backlog for India born employees. Don't even want to think about last year's 67k wastage

[montyp80]

Are you seeing approvals in your friend circle/network? This forum saw a large number of approvals between July 21 - Oct 21. And then few in May22.
USCIS repeatedly saying that they will try to use all EB this FY, but the numbers /sentiments doesn't match so far. May be Q4 will have bulk approval..but that is just hope.
If they waste thousands this year, then it will be a great lost opportunity to reduce EB backlog for India born employees. Don't even want to think about last year's 67k wastage

I am seeing approvals in 2014 PD telegram group. But so far only 3-4 approvals in the group of 1k+ members, so the rate is less than 1%.

In the group, which is specific to approvals, I am seeing mostly 2012 and 2013 PD approvals.

Yes, the hope is that the approvals will pick up starting in July.

[qesehmk]

My PD 23 Dec 2014
I will be filing for the first time in EB2 i485 AOS if the chart opens in July
What are the chances for FAD to move to Jan 1 2015 with Aug bulletin
Any remote chances for approval before Sep 30 2022
I know this is very stupid, just wondering with so many steps like biometrics - is it a must to be completed before I485 approval or is it mainly for EAD

The dates could very well open. But I am afraid the chance of approval is negligible.

[montyp80]

The dates could very well open. But I am afraid the chance of approval is negligible.

Q, Are you saying this purely on the basis of processing times or PD?

Because I just saw a case which was approved within a month, from RD to Card being produced status date.

Also, approval for 2014 PD is still scarce, I heard yesterday about the 2014 Nov case getting approved. So it seems like these days everything is based on pure luck.

[qesehmk]

Q, Are you saying this purely on the basis of processing times or PD?

Because I just saw a case which was approved within a month, from RD to Card being produced status date.

Also, approval for 2014 PD is still scarce, I heard yesterday about the 2014 Nov case getting approved. So it seems like these days everything is based on pure luck.

Specific to his PD Dec 2014 I think the chances of approval are low. But yes this is going to be quite random for candidates in 2012/13/14. 2011 should sail through.

[monsieur]

I personally knows folks with late 2010 PD still waiting; even thou they filed their cases back in May/June 2021. (Job change, new perm resulted in 2021 filing instead of Oct 2020)

[gammaray]

I personally knows folks with late 2010 PD still waiting; even thou they filed their cases back in May/June 2021. (Job change, new perm resulted in 2021 filing instead of Oct 2020)

It really depends on the complexity and nuances of indvidual cases (like you say job changes, downgrades, upgrades, etc.) and of course luck to an extent (application at SRC, backlogged FO, etc). I would say at a minimum all the 2014 applcations that are documentarily complete and downgraded in 2020 and have by now interfiled, should get their gc's by September. Also USCIS has mentioned that any applications till the first week of June should be issued a gc by September -- which means most of the 2013 folks that should have sent in their applications in May and any of the 2014 folks thats sent in completed applications (with medicals) in June first week. It would be impressive (by their standards) if USCIS could schedule,complete biometrics and background/security checks and evaluate and issue the gc, all in 3 months.

[EB22010Dec]

It really depends on the complexity and nuances of indvidual cases (like you say job changes, downgrades, upgrades, etc.) and of course luck to an extent (application at SRC, backlogged FO, etc). I would say at a minimum all the 2014 applcations that are documentarily complete and downgraded in 2020 and have by now interfiled, should get their gc's by September. Also USCIS has mentioned that anyapplications till the first week of June should be issued a gc by September -- which means most of the 2013 folks that should have sent in their applciations in May and any of the 2014 folks thats sent in completed applications (with medicals) in June first week. It would be impressive (by their standards) if USCIS could schedule,complete biometrics and background/security checks and evaluate and issue the gc, all in 3 months.

LOL to USCIS issuing GCs by September for July filings.
Many people that filed last year Q4, Q3 are still waiting ...

[gammaray]

LOL to USCIS issuing GCs by September for July filings.
Many people that filed last year Q4, Q3 are still waiting ...

First week June, not July. But again, it's not linear and depends of several individual factors -- so last year's applications could be waiting while recent ones get it. If USCIS is making the claim that all 290K visas will be utilitized they will have to process May/June filings (since Eb2 dates progressed 15 months in May/June and thats where the demand exists to fulfill the supply).

I won't believe it till I see it either, but logically thats what should happen if there is zero/minimal visa wastage.

[monsieur]

It really depends on the complexity and nuances of indvidual cases (like you say job changes, downgrades, upgrades, etc.) and of course luck to an extent (application at SRC, backlogged FO, etc).

Only reason filed in June 2021 coz of job change. Straight EB3 with all paper work included. Its just dismal processing speed is the reason for no approval yet.

[Prabhas]

Hey Guys,

We have an interesting situation and thought to pick your advice.

My Brother-in-law got his I-485 approved on June 14th, and got his approval notice. But there is no update on Card being produced?. He has is EAD/AP with validity till June-2023. He has an urgrnt travel to visit India which is booked for July-11.

We raised a couple of infopass requests, got a call from uscis and unfortunately they do not have any appointments to book in the next couple of weeks, so he can get I551 temporary GC stamped. Their interpretation is that he can still use his AP for travel but he has to show is I485 approval notices at the port of entry. The descretion will be on CBP officer to let him in.



Im sure someone may have faced this situation in the recent past due to covid and indefinite wait times.

We also called CBP and their response was vague but encouraging. From them and AP is valid but beneficiary may expect a change in status while they are out of the country. We have seen such cases where GC was approved and recieving a card while someone is still out of the country and POE either stamped or gave them temporary permit to enter the states and return back to CBP office with evidence. My BIL case falls in a rather different scenario that we are seeing recently due to administrative issues.

Can someone throw some light? Is AP still valid in this case? What is the final status that really voids all other immigration statuses ? Is it I485 approval notice or Card produced status the final step that nullifies all other statuses?

We have a call scheduled with Immigration lawyer too. Just thought to run it by this lovely group.

[txsguy]

Hey Guys,

We have an interesting situation and thought to pick your advice.

My Brother-in-law got his I-485 approved on June 14th, and got his approval notice. But there is no update on Card being produced?. He has is EAD/AP with validity till June-2023. He has an urgrnt travel to visit India which is booked for July-11.

We raised a couple of infopass requests, got a call from uscis and unfortunately they do not have any appointments to book in the next couple of weeks, so he can get I551 temporary GC stamped. Their interpretation is that he can still use his AP for travel but he has to show is I485 approval notices at the port of entry. The descretion will be on CBP officer to let him in.



Im sure someone may have faced this situation in the recent past due to covid and indefinite wait times.

We also called CBP and their response was vague but encouraging. From them and AP is valid but beneficiary may expect a change in status while they are out of the country. We have seen such cases where GC was approved and recieving a card while someone is still out of the country and POE either stamped or gave them temporary permit to enter the states and return back to CBP office with evidence. My BIL case falls in a rather different scenario that we are seeing recently due to administrative issues.

Can someone throw some light? Is AP still valid in this case? What is the final status that really voids all other immigration statuses ? Is it I485 approval notice or Card produced status the final step that nullifies all other statuses?

We have a call scheduled with Immigration lawyer too. Just thought to run it by this lovely group.

I do not know the answer but please post your findings. This will be very helpful for others.

[qesehmk]

Hey Guys,

We have an interesting situation and thought to pick your advice.

My Brother-in-law got his I-485 approved on June 14th, and got his approval notice. But there is no update on Card being produced?. He has is EAD/AP with validity till June-2023. He has an urgrnt travel to visit India which is booked for July-11.

We raised a couple of infopass requests, got a call from uscis and unfortunately they do not have any appointments to book in the next couple of weeks, so he can get I551 temporary GC stamped. Their interpretation is that he can still use his AP for travel but he has to show is I485 approval notices at the port of entry. The descretion will be on CBP officer to let him in.



Im sure someone may have faced this situation in the recent past due to covid and indefinite wait times.

We also called CBP and their response was vague but encouraging. From them and AP is valid but beneficiary may expect a change in status while they are out of the country. We have seen such cases where GC was approved and recieving a card while someone is still out of the country and POE either stamped or gave them temporary permit to enter the states and return back to CBP office with evidence. My BIL case falls in a rather different scenario that we are seeing recently due to administrative issues.

Can someone throw some light? Is AP still valid in this case? What is the final status that really voids all other immigration statuses ? Is it I485 approval notice or Card produced status the final step that nullifies all other statuses?

We have a call scheduled with Immigration lawyer too. Just thought to run it by this lovely group.

I believe we are talking about a sweet problem here. I don't see any problem. He can simply use the AP to enter. Only if the CBP officer is sadist he might have some trouble. I would not worry a thing.

Once - before my own GC approval - the CBP officer looks into the system and says to me - oh you are almost there and just lets me get out of the airport without any further questions. So the key to avoid trouble is two fold - ensure you have done everything right way and then be respectful to the officer.

[NGJune2012]

Hi there,

My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.

I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.

- Totally lost

[vsivarama]

Hey Guys,

We have an interesting situation and thought to pick your advice.

My Brother-in-law got his I-485 approved on June 14th, and got his approval notice. But there is no update on Card being produced?. He has is EAD/AP with validity till June-2023. He has an urgrnt travel to visit India which is booked for July-11.

We raised a couple of infopass requests, got a call from uscis and unfortunately they do not have any appointments to book in the next couple of weeks, so he can get I551 temporary GC stamped. Their interpretation is that he can still use his AP for travel but he has to show is I485 approval notices at the port of entry. The descretion will be on CBP officer to let him in.



Im sure someone may have faced this situation in the recent past due to covid and indefinite wait times.

We also called CBP and their response was vague but encouraging. From them and AP is valid but beneficiary may expect a change in status while they are out of the country. We have seen such cases where GC was approved and recieving a card while someone is still out of the country and POE either stamped or gave them temporary permit to enter the states and return back to CBP office with evidence. My BIL case falls in a rather different scenario that we are seeing recently due to administrative issues.

Can someone throw some light? Is AP still valid in this case? What is the final status that really voids all other immigration statuses ? Is it I485 approval notice or Card produced status the final step that nullifies all other statuses?

We have a call scheduled with Immigration lawyer too. Just thought to run it by this lovely group.

Maybe you or someone can pickup the GC and post it to India just in case. But most likely (99.9% of the time) the officers will allow him in on AP. He has a valid explanation of why he is not travelling with his GC.

[Prabhas]

Tcs guy- I will surely post the experience.

Q, vsivarama - how are you all doing? Good to see a response from you as always and it has been a long time. Believe me my BIL will have all his senses together during his POE ..😁..

We will surely post it or even take the next flight and hand over the cards if he gets it in the meantime. We are just making sure we have our basis covered in all possible scenarios. He came to the USA in 2005 and wanted move back to india initially , delayed his process and now stuck in this sweet- sour spot 😊..

I will share this info with him and also close the loop with his experience once he is back.

Happy July 4th all!! ❤️

[GCMirage]

*****
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole .
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.

In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.

As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.

It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.

All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.

Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
********
Continuation / Update to my previous post.

Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).

Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. Agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.

Considering, medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?

Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of the this? Trying to taper down and keep our expectations grounded.

[qesehmk]

*****
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole .
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.

In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.

As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.

It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.

All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.

Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
********
Continuation / Update to my previous post.

Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).

Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. Agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.

Considering, medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?

Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of the this? Trying to taper down and keep our expectations grounded.

I can't respond to everything but simply looking at the fact they only issued you one year EAD / AP means you will get a GC within 1 year. That's my old experience but I believe it still holds.

All the best.

[qesehmk]

If I were you I would just sit tight. You have waited loooooong time. 2012 June is not too terrible a date anymore. Could be greened in any category. Why do busy work and give USCIS one more reason to delay your approval.

Good luck you will be greened and do come back and tell us.
Hi there,

My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.

I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.

- Totally lost

[montyp80]

Hi there,

My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.

I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.

- Totally lost

Based on what I am seeing, there is simply no relationship between EB3 downgrade I140 approval and transfer out. Only USCIS know what is their secret criteria. If anything, TUB interfile request should be a reason enough for USCIS to transfer the case out because it saves them resources from processing downgrade I140 and essentially makes the case a straight case!

IMHO, I just don't think EB3I140 approval is the solution that you should be time and money on. Litigation is even worse!

Your PD is 2012 and unless you are extremely unlucky, you should most definitely get your GC before the end of FY.

[montyp80]

*****
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole .
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.

In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.

As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.

It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.

All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.

Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
********
Continuation / Update to my previous post.

Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).

Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. The agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.

Considering, that medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?

Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of this? Trying to taper down and keep our expectations grounded.

WKD request usually works in the favor of the beneficiary, so it's a good thing Tier 2 officer did that for you. The only issue that I see is that your case is probably with NSC and we don't know what could possibly trigger the transfer. This is where the WKD request may or may not help. But with PD of 2012, I think you have extremely good chances of getting greened before Oct 22.

[delorean_doc]

Hi folks, I have an urgent ask and would greatly appreciate your help. I am on an H1-B and have an EAD/AP (my employer filed for my GC in the EB2 category). I am traveling to India on Friday, 7/22 for a short 5 day trip to attend a family event there - the reservation was made months ago. Last Friday (7/15/22), I finally got the message (after 11.5 years) that my case was approved. I am hoping that the card is physically delivered to me by 7/22. But in the situation the card is not available with me when I leave the country, will I be able to use my H1 or AP to re-enter the country?

[qesehmk]

Hi folks, I have an urgent ask and would greatly appreciate your help. I am on an H1-B and have an EAD/AP (my employer filed for my GC in the EB2 category). I am traveling to India on Friday, 7/22 for a short 5 day trip to attend a family event there - the reservation was made months ago. Last Friday (7/15/22), I finally got the message (after 11.5 years) that my case was approved. I am hoping that the card is physically delivered to me by 7/22. But in the situation the card is not available with me when I leave the country, will I be able to use my H1 or AP to re-enter the country?
If you have a valid H1 then you can enter on it. But the AP I don't understand. Why would you apply for AP if you already had an AP? And yes if you have a valid AP you can always use it.

[Hidden_Brain]

Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move post as deemed appropriate.

[montyp80]

Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move the post as deemed appropriate.

As far as I know (and someone can correct me if I am wrong), there is no set rule as to how long one should work for sponsoring employer after receiving GC. Lawyers 'recommend' to work for 6 months, but again, that's a personal choice. Sometimes people do it out of good faith, sometimes they do it because they are worried that making a move immediately after getting GC will cause issues during naturalization (and I have heard that USCIS has done that in the past, but it can be easily defended IMHO).

Personally, I would stick around for a few months OR take up the second job in Company B and manage two jobs for a few months (if manageable) before making 100% move to company B.

Again, there is no law/rule that says you cannot switch jobs after getting a GC.

[qesehmk]

Your cousin is very luck to have somebody like you who spends time posting question on her behalf. But no point in answering for those who don't have courage to stand up for themselves.


Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move post as deemed appropriate.

[sushi2012]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

[qesehmk]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

sushi - the chances are high that the dates won't retrogress beyond your PD but even if they do retrogress it won't last more than 6-8 months and you will be current again. For arguments sake if your date retrogresses for more than that you will already be protected by AC21. Does this help?

[gansun]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

[gammaray]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Yes she can.

[qesehmk]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Absolutely .... she can also come back on any other visas like B1/B2 or F1/F2 etc and then change status to H4 as long as she has a valid H4 approval notice.

[vsivarama]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Yes, she can provided you are maintaining your H1 status.

[sushi2012]

sushi - the chances are high that the dates won't retrogress beyond your PD but even if they do retrogress it won't last more than 6-8 months and you will be current again. For arguments sake if your date retrogresses for more than that you will already be protected by AC21. Does this help?

Yes, it definitely helps. Thank you.

I'm rather anxious tbh - I missed the boat to file my 485 in 2020 due to a job change, and my perm was randomly audited as well. We finally filed earlier this year, and I'm kicking myself for losing the opportunity to file earlier.
I hope to get transferred to NBC soon, but my mind always leads me to search for sub-optimal outcomes. Fingers crossed and hoping for positives :)

[vsivarama]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

Chances are good for your date to be current. Chances are not bright for the dates to move beyond Dev 2014 (unless USCIS does as Charlie did in 2020).

[gsingh]

Hi All ,

My case was filed in Oct 2020 with a downgrade to EB3. As dates retrogressed, I requested transfer of underlying basis to EB2 I-140. TUB request was sent back in December along with 485J
485J got approved on 7/15 and 485 is still pending. Called up USCIS today for an update on 485. I was told that the status on their end shows as 'Visa number not available/dates regressed.'
I assume this means this the underlying basis did not change from EB3 to EB2. I requested a call with tier2 but that will take upto 30 days. I had requested a call with tier 2 twice before but never received the call. So not positive that it will happen this time.
Has anyone been in this situation or can suggest the next steps?
Appreciate your inputs.

[montyp80]

Hi All ,

My case was filed in Oct 2020 with a downgrade to EB3. As dates retrogressed, I requested transfer of underlying basis to EB2 I-140. TUB request was sent back in December along with 485J
485J got approved on 7/15 and 485 is still pending. Called up USCIS today for an update on 485. I was told that the status on their end shows as 'Visa number not available/dates regressed.'
I assume this means this the underlying basis did not change from EB3 to EB2. I requested a call with tier2 but that will take upto 30 days. I had requested a call with tier 2 twice before but never received the call. So not positive that it will happen this time.
Has anyone been in this situation or can suggest the next steps?
Appreciate your inputs.

I think USCIS has already identified/flagged cases that they want to approve or will be approving over the next few months. Having said that, your case possibly is a candidate, considering they approved your 485j. The visa regressed message is a standard message and is a good sign based on many people who received a similar message and later got approved.

If you receive Tier 2 call then ask the agent to open WKD request to transfer your underlying basis. This has worked for many according to Trackitt and Telegram groups.

Good luck.

[greenjpr]

Hello Gurus,
My PD is June 2010 [EB2] and I filled I485s OCT-2020.. Got my EAD and APs. My case was struck for a while since they moved to honolulu, hawaii [ Ia m from NJ]. Since it was taking forever to get GC, I used my EAD and joined different company in Jan 2022. We did not file for I485J immediately.

In the meantime, my original employer filled for chapter 11. Looks like this was noticed by USCIS and they sent me RFE in May 2022 from Honolulu, Hawaii field office.

We responded the RFE by July 1st with new employer I485J. However still no receipt number from Honolulu, Hawaii field office.

Is this normal?
Should I send the RFE response one more time?

I am getting little worried of this never ending process and really frustrated :(

Thanks in advance for your inputs.

[gammaray]

Hello Gurus,
My PD is June 2010 [EB2] and I filled I485s OCT-2020.. Got my EAD and APs. My case was struck for a while since they moved to honolulu, hawaii [ Ia m from NJ]. Since it was taking forever to get GC, I used my EAD and joined different company in Jan 2022. We did not file for I485J immediately.

In the meantime, my original employer filled for chapter 11. Looks like this was noticed by USCIS and they sent me RFE in May 2022 from Honolulu, Hawaii field office.

We responded the RFE by July 1st with new employer I485J. However still no receipt number from Honolulu, Hawaii field office.

Is this normal?
Should I send the RFE response one more time?

I am getting little worried of this never ending process and really frustrated :(

Thanks in advance for your inputs.

There is no "receipt number" for a RFE response. Sometimes the status is updated online, sometimes not. As long as you have the fed ex/UPS notification that it was delievered, you are good. Just need to be patient -- well more patient. With a 2010 PD there is no fear of retrogression or anything else, so its just a matter of time before the gc is approved (assuming otherwise there is nothing wrong with the application).

[san_archer]

Hello -

I filed I485J on June 20th. I received my I485J Fee Waived notice on July 20th. Now it can go either two ways EAD/AP and/or RFE for medicals. I do have the medicals all ready and set to go. Here is my question -

What time frame can I expect to receive EAD/AP and/or RFE?

Here are my details -

PD EB2 Dec 2012
Downgraded to EB3 Sept 2021 - I765/I131/I485 (Late)
Interfiled I485J in June 20th (Late again - a common theme!)
I485J fee waived receipt notice July 20th.
No EAD/AP yet.
No RFE
No I485J / I485

I got the I48J Fee waive notice from National Benefit Center. The other applications are in Nebraska Service Center.

[Sebiswaiting]

I don't think anyone can give a timeline. USCIS initially said that filers til Apr 2022 should get approval before Sept 30. Later they updated that filers in June should expect the same as well.

You said that your medical is ready, but you also said that you interfiled i693 which (if I am not wrong) is medical. Also your 485 app is only for eb3 or it is interfiled for eb2 ?


Hello -

I filed I693 on June 20th. I received my I485J Fee Waived notice on July 20th. Now it can go either two ways EAD/AP and/or RFE for medicals. I do have the medicals all ready and set to go. Here is my question -

What time frame can I expect to receive EAD/AP and/or RFE?

Here are mt details -

PD EB2 Dec 2012
Downgraded to EB3 Sept 2021 - I765/I131/I485 (Late to the party)
Interfiled I693 in June 20th (Late to the party again - a common theme!)
I485J fee waived receipt notice July 20th.
No EAD/AP yet.
No RFE
No I485J / I485

I got the I48J from National Benefit Center. The other applications are in Nebraska Service Center.

[san_archer]

I don't think anyone can give a timeline. USCIS initially said that filers til Apr 2022 should get approval before Sept 30. Later they updated that filers in June should expect the same as well.

You said that your medical is ready, but you also said that you interfiled i693 which (if I am not wrong) is medical. Also your 485 app is only for eb3 or it is interfiled for eb2 ?

You are correct. I apologize. I meant I applied for I485J. I have the I693 ready, but I`m waiting for an RFE. I was hoping to get a time estimate for the RFE.

[qesehmk]

Friends I have added more description and recreated the poll here

https://www.qesehmk.org/forums/showthread.php/2993-Equal-oppotunity
(https://www.qesehmk.org/forums/showthread.php/2993-Equal-oppotunity)
Sorry I can not port votes to the new poll. So you will have to vote again.

This way we will keep this thread clean.