EB2-3 Predictions (Rather Calculations)

[qesehmk]

Question : I Got a USCIS case status update
December 9, 2020
Case Transferred To Another Office
On December 9, 2020, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number LIN########, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by January 8, 2021, please go to www.uscis.gov/e-request (http://www.uscis.gov/e-request) to request a copy of the notice. If you move, go to www.uscis.gov/addresschange (http://www.uscis.gov/addresschange) to give us your new mailing address.

What does this mean ?

If this is the first time you filed 485 then understand that the processing will take 3-4 months minimum. The transfer could just be load balancing between centers.

[ak7419]

Question : I Got a USCIS case status update
December 9, 2020
Case Transferred To Another Office
On December 9, 2020, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number LIN########, to another office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice. If you do not receive your notice by January 8, 2021, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

What does this mean ?

Please pray that it is not going to TSC.

[inspired_p]

Please pray that it is not going to TSC.

Okay I will pray :-) . it was at Nebraska before ( I-140 and I-485 concurrently filed)

[inspired_p]

If this is the first time you filed 485 then understand that the processing will take 3-4 months minimum. The transfer could just be load balancing between centers.

Thank you. Yes I am not expecting any outcome on my case anytime soon( my PD is not current either) , hence was surprised they even touched the file

[ak7419]

Thank you. Yes I am not expecting any outcome on my case anytime soon( my PD is not current either) , hence was surprised they even touched the file

don't try to make sense because they work in their own mysterious ways. As I mentioned before applicants who are not current are receiving RFEs and GCs whereas applicants who have been current since three months are not seeing any movement....LOL.

[Turbulent_Dragonfly]

Thank you. Yes I am not expecting any outcome on my case anytime soon( my PD is not current either) , hence was surprised they even touched the file

My case also got updated, but just with the message that fingerprints were accepted for the I-485 and I-765s.

[qesehmk]

American government agencies generally are run with a very consistent set of laws regulation rules and processes. There almost used to be NO political interference in how they were run until Trump. But even today I will say you should rest assured that USCIS and DOS will do their job as per their policy objectives and processes laid our and according to the law.

So if you have filed 485 then you should just let things take their course.

[srimurthy]

I moved the dual status of EAD and H1 and work opportunities and the discussion to a new thread:
https://www.qesehmk.org/forums/showthread.php/2921-EAD-and-H1-Dual-Status-holding-and-opportunites

[inspired_p]

My case also got updated, but just with the message that fingerprints were accepted for the I-485 and I-765s.

Yes I got that update as well last week.

[incredible]

What is your wish list for 2021? Now with the possibility of EAD within first couple of months, anybody actively looking for a change?

The biggest wish now has to be getting the GC if possible in the year 2021. Few other wishes like improved covid situations and travel back to India after not leaving the country for more than a decade. Yes immediate family members visited you, but nothing like taking you teen kids to a nostalgic trip down your memory lane.

I can assure that they will just shrug it off anyways as usual, but I want to do it for myself. Like the song, Chinna chinna asai, which I enjoyed for a long without knowing the meaning, later appreciated even more after understanding the lyrics.

Guess change probably is going to be the norm for most of the people who get freed from H1B. Other than that, hopefully the world becomes safer to travel again and new normal would be bearable. I guess 2020 hit the psyche of people so badly and made all realize that we are nothing but a speck of dust at the mercy of elements powerful (and yet tiny) than us.

[ak7419]

American government agencies generally are run with a very consistent set of laws regulation rules and processes. There almost used to be NO political interference in how they were run until Trump. But even today I will say you should rest assured that USCIS and DOS will do their job as per their policy objectives and processes laid our and according to the law.

So if you have filed 485 then you should just let things take their course.

I completely understand and agree Q. However, processing of 485 cases seems to be handled quite differently between NSC and TSC. Do you know, by any chance, why majority of applicants whose cases are with TSC have not received RFE yet. Is TSC in holding pattern and waiting for some direction?

[qesehmk]

I completely understand and agree Q. However, processing of 485 cases seems to be handled quite differently between NSC and TSC. Do you know, by any chance, why majority of applicants whose cases are with TSC have not received RFE yet. Is TSC in holding pattern and waiting for some direction?

Yes. TSC has always been a holdout but eventually at the end of every year they have no way other than coming to parity with NSC. I do not know why it has been like that. But yes your observation about TSC is correct.

[vckomara]

So very true.. and only way being on EAD for 7 years would have been advantageous if one improved on the situation ( spouse employment, secondary income which might not in line with H1B rules etc.). Not to forget hassles with H1-B extensions
Opportunity cost is very very hard to determine in any situations..
If one stays with single income - same employer, then definitely getting GC 1 year earlier is the better outcome.

I am on EAD for 8 years now. Switching to EAD helped my wife get a job almost immediately and she was not working before that. I travel out of the country almost every month (pre-covid era) for work and not having to stamp the visa was extremely helpful and extension of EAD was free of cost and virtually guaranteed. I personally would rather wait for GC extra couple of years and be on EAD for longer period than waiting on H1B for several years and get GC early. Maybe useful tip for people who are trying to decide between the two.

[rocketfast]

My case also got updated, but just with the message that fingerprints were accepted for the I-485 and I-765s.


Yes I got that update as well last week.

Guys,
Does this mean that your biometrics were waived and you don't need biometrics appointment? Or did you guys do biometrics?

[Turbulent_Dragonfly]

Guys,
Does this mean that your biometrics were waived and you don't need biometrics appointment? Or did you guys do biometrics?

No, I had to do Biometrics and it almost instantly updated after that.

[Zenzone]

Thank you. Yes I am not expecting any outcome on my case anytime soon( my PD is not current either) , hence was surprised they even touched the file

If you are Sep 2009 PD (EB2I), I would expect things to even move (as a pleasant surprise). A good friend of mine (first hand) got their GC by mail a few days ago and had no clue about it. Their PD is May-2010 - yes you read it right (originally filed in EB2 and later downgraded to EB3). Looks like things are beginning to move.

[Zenzone]

No, I had to do Biometrics and it almost instantly updated after that.

If I may ask, how long did it take to get the Biometrics Appt. for you after filing. Also, did the case status change at all after you received the appointment notice. Mine shows a status of "your biometrics fee was received" and my 485 notice creation date was 11/12 with a received date of 10/22. Still awaiting the biometrics appointment notice to arrive!

[vsivarama]

@Zenzone, sorry to be a downer here. Please ask your friend to check with a lawyer ASAP. I have heard some cases in the past where GC's were approved by mistake and later they had to go through hell when they wanted to naturalize. Getting a GC when PD is not current should always raise a red flag. Maybe it's nothing and you are right, but it's always best to check to have some peace of mind. Maybe they can also check with USCIS.

[Zenzone]

@Zenzone, sorry to be a downer here. Please ask your friend to check with a lawyer ASAP. I have heard some cases where GC's were approved by mistake and later they had to go through hell when they wanted to naturalize. Getting a GC when PD is not current should always raise a red flag. Maybe it's nothing and you are right, but it's always best to check to have some peace of mind. Maybe then can also check with USCIS.

Ahh...Got it. I don't know how I will break this news to them though :) May be will casually mention. I also had another friend of mine who went to an interview and the officer told him that although your PD is current now I don't have the visa anymore because its all been issued for your country and told him that they have a current tally of inventory available real-time to allot visas. I was thinking may be they released new visa numbers adjusting for demand although the bulletin didn't have that PD current. I'm hoping that their case is a real approval. As you can imagine the couple was ecstatic!

[Turbulent_Dragonfly]

If I may ask, how long did it take to get the Biometrics Appt. for you after filing. Also, did the case status change at all after you received the appointment notice. Mine shows a status of "your biometrics fee was received" and my 485 notice creation date was 11/12 with a received date of 10/22. Still awaiting the biometrics appointment notice to arrive!

I filed on Oct 8th. I received paper receipt notices around Nov 11th. I received FP notices just a couple of weeks after that. FP was done on Dec 8th. And no, there was no separate status update when they sent out the fingerprint notices. It only directly updated the status after the fingerprints were in the system.

[rainmaker12]

I filed on Oct 8th. I received paper receipt notices around Nov 11th. I received FP notices just a couple of weeks after that. FP was done on Dec 8th. And no, there was no separate status update when they sent out the fingerprint notices. It only directly updated the status after the fingerprints were in the system.

I believe the appointment for biometrics is based on where we live. I live in Seattle and I'm not aware of anyone getting a biometric appointment who filed in October for the 1st time. I guess, it depends on how busy ASC offices are in your location and probably USCIS does not have control over the availability of biometric appointment at your local ASC office. some people may get biometric appointment sooner based on where they live.

FYI -
I filed for AOS on October 20th (EB2-I; PD:07/12/2010).
Receipt notice received on November 13. Status online says "Fingerprint Fee Was Received".

[rainmaker12]

https://cilawgroup.com/news/2020/12/05/asc-biometrics-backlog-at-uscis-likely-to-take-months-to-clear/?utm_source=Capitol+Immigration+Law+Group+Newslett er&utm_campaign=6df8c41f15-Weekly_Newsletter_Feb_28_COPY_01&utm_medium=email&utm_term=0_1074141ca5-6df8c41f15-390868161&mc_cid=6df8c41f15&mc_eid=e5081d1a04

[Turbulent_Dragonfly]

I believe the appointment for biometrics is based on where we live. I live in Seattle and I'm not aware of anyone getting a biometric appointment who filed in October for the 1st time. I guess, it depends on how busy ASC offices are in your location and probably USCIS does not have control over the availability of biometric appointment at your local ASC office. some people may get biometric appointment sooner based on where they live.

FYI -
I filed for AOS on October 20th (EB2-I; PD:07/12/2010).
Receipt notice received on November 13. Status online says "Fingerprint Fee Was Received".

Yeah, without revealing identity, I live in a complete gaav with an acre around me :-D) there was literally no one at the ASC. So likely that's the reason why it may have gotten done quickly.

[vsivarama]

Ahh...Got it. I don't know how I will break this news to them though :) May be will casually mention. I also had another friend of mine who went to an interview and the officer told him that although your PD is current now I don't have the visa anymore because its all been issued for your country and told him that they have a current tally of inventory available real-time to allot visas. I was thinking may be they released new visa numbers adjusting for demand although the bulletin didn't have that PD current. I'm hoping that their case is a real approval. As you can imagine the couple was ecstatic!

https://www.facebook.com/rnlawgroupUS/videos/373761023770515/

Ask them to check out this video at 25:25 mark. Hope it's a real approval but cannot be too careful these days.

[Turbulent_Dragonfly]

Looking at some of the trackitt folks from early 2010 starting to get RFEs, is the expectation for FADs to move more than the paltry couple of weeks it's been moved thus far?

[Sebiswaiting]

In my 10 years here, I have visited native Assam each year, so I wish I don't miss that in 2021... I.e. hoping for a vaccine, so we all meet like each hear and worry less about covid.

3 other wishes..
2. Get more time for kids.. work from home is making us spending less quality time with kids..Even though we are seeing them more.
3. Faster clearing of GC backlog, as I am still not seeing any light towards my case.
4. People all around get less political and see each other as fellow human..


What is your wish list for 2021? Now with the possibility of EAD within first couple of months, anybody actively looking for a change?

The biggest wish now has to be getting the GC if possible in the year 2021. Few other wishes like improved covid situations and travel back to India after not leaving the country for more than a decade. Yes immediate family members visited you, but nothing like taking you teen kids to a nostalgic trip down your memory lane.

......

[rabp77]

Looking at some of the trackitt folks from early 2010 starting to get RFEs, is the expectation for FADs to move more than the paltry couple of weeks it's been moved thus far?

Yes. Once the horizontal spillover starts getting applied, the pace of movement should increase. Hoping all necessary biometrics and interviews are done fast enough, or have a process to waive them for straightforward cases. But that is where the bottleneck that could result in not using the spillover will be if nothing is done.

People who have applied getting rfe's is definitely a very good sign

[newyorker123]

Any news on the S386 / HR 1044 work in the House ? When is the last date for the combined bill to pass both houses ?

[Kesid23]

Since December 25th is a Friday, what are the chances that the January visa bulletin will get released on the 18 ?
Hoping for the dates to more at least a couple of months !

[rabp77]

Any news on the S386 / HR 1044 work in the House ? When is the last date for the combined bill to pass both houses ?

if it does not come by 18th, it unlikely to come out this year. Next year with new congress, the priorities will likely be different. i hope i am wrong.

[Zenzone]

Looking at some of the trackitt folks from early 2010 starting to get RFEs, is the expectation for FADs to move more than the paltry couple of weeks it's been moved thus far?

Are these EB2 RFEs?

[Turbulent_Dragonfly]

Are these EB2 RFEs?

I believe it was a Mar 2010 but honestly don't recall it properly. Under Covid quarantine now and everything else has taken a backseat. Child got exposed to someone at school and everyone has to be shuttered in for the most part for another couple of weeks.

[mohan_jgd]

Hi folks,

My PD is March 5, 2011 and i have applied for 485 in EB2-I on 29th Oct. I haven't received any updates on receipt notices yet. My H1 extension is also coming up in March 2021 and my company is working currently to apply for it in premium.

My wife is working on H4-EAD and intention is to get the EAD before March to avoid any job disruptions. I was hoping to apply for H4-EAD in premium as there is no idea how much time it would take for 485 EAD to come through. But I was told by our immigration lawyer that i cannot apply in premium for H4 and H4-EAD as bio-metrics are now required for it. I am in a dilemma whether to apply for H4-EAD as that would mean duplicate lawyer and USCIS fees and no idea on when that would come too.

Our only hope now is to get 485-EAD before March 2021. My question is should i apply for H4-EAD renewal in the hope that it comes faster.

Any thoughts?

Please move to the right thread if needed.

[Turbulent_Dragonfly]

Hi folks,

My PD is March 5, 2011 and i have applied for 485 in EB2-I on 29th Oct. I haven't received any updates on receipt notices yet. My H1 extension is also coming up in March 2021 and my company is working currently to apply for it in premium.

My wife is working on H4-EAD and intention is to get the EAD before March to avoid any job disruptions. I was hoping to apply for H4-EAD in premium as there is no idea how much time it would take for 485 EAD to come through. But I was told by our immigration lawyer that i cannot apply in premium for H4 and H4-EAD as bio-metrics are now required for it. I am in a dilemma whether to apply for H4-EAD as that would mean duplicate lawyer and USCIS fees and no idea on when that would come too.

Our only hope now is to get 485-EAD before March 2021. My question is should i apply for H4-EAD renewal in the hope that it comes faster.

Any thoughts?

Please move to the right thread if needed.

I-485 EAD processing timeline is anywhere from 5-7 months. With the volume of applications being exceedingly high, that may not be far from the real timeline. We will only know once the first EADs will be issued to those who applied in the first few weeks of Oct.

[19YRSNOGC]

I-485 EAD processing timeline is anywhere from 5-7 months. With the volume of applications being exceedingly high, that may not be far from the real timeline. We will only know once the first EADs will be issued to those who applied in the first few weeks of Oct.
on telegram saw 1 person get https://www.nationalreview.com/2020/12/how-to-paralyze-the-immigration-system-in-one-ill-conceived-step/ Application reached on OCtober 1st.

[texas_]

Does case prefix LIN vs MSC Vs TSC make any difference in processing time?
Please guide

[Turbulent_Dragonfly]

Does case prefix LIN vs MSC Vs TSC make any difference in processing time?
Please guide

You can go here and determine the processing times for different forms for different centers: https://egov.uscis.gov/processing-times/

For example, Nebraska (LIN) is 7-16 months for I-485 applications and Texas (TSC) is 18 to 43 months.

[texas_]

You can go here and determine the processing times for different forms for different centers: https://egov.uscis.gov/processing-times/

For example, Nebraska (LIN) is 7-16 months for I-485 applications and Texas (TSC) is 18 to 43 months.

Thanks TD
I have only applied for 485 no Ead/Ap yet while my case receipt starts with MSC
I was confused as a lot of folks getting their receipt with TSC

[Zenzone]

on telegram saw 1 person get https://www.nationalreview.com/2020/12/how-to-paralyze-the-immigration-system-in-one-ill-conceived-step/ Application reached on OCtober 1st.

Biometrics need to be completed and accepted before the EAD card can be issued.

[Turbulent_Dragonfly]

Thanks TD
I have only applied for 485 no Ead/Ap yet while my case receipt starts with MSC
I was confused as a lot of folks getting their receipt with TSC

MSC is the National Benefits Center in Missouri. Because of the massive number of filings, they are distributing the loads to different centers.

[Zenzone]

MSC is the National Benefits Center in Missouri. Because of the massive number of filings, they are distributing the loads to different centers.

Mine start with MSC and hence from NBC too. Does that mean it will be allocated back to a different service center eventually or it means NBC will process my application from here on.

[jimmys]

Hi folks,

My PD is March 5, 2011 and i have applied for 485 in EB2-I on 29th Oct. I haven't received any updates on receipt notices yet. My H1 extension is also coming up in March 2021 and my company is working currently to apply for it in premium.

My wife is working on H4-EAD and intention is to get the EAD before March to avoid any job disruptions. I was hoping to apply for H4-EAD in premium as there is no idea how much time it would take for 485 EAD to come through. But I was told by our immigration lawyer that i cannot apply in premium for H4 and H4-EAD as bio-metrics are now required for it. I am in a dilemma whether to apply for H4-EAD as that would mean duplicate lawyer and USCIS fees and no idea on when that would come too.

Our only hope now is to get 485-EAD before March 2021. My question is should i apply for H4-EAD renewal in the hope that it comes faster.

Any thoughts?

Please move to the right thread if needed.

If your wife's job depends on receiving EAD, it makes sense to apply for H-4 EAD as well.

[Turbulent_Dragonfly]

Mine start with MSC and hence from NBC too. Does that mean it will be allocated back to a different service center eventually or it means NBC will process my application from here on.

I think MSC only does the initial review and forwards it later to the closest geographical center for processing. Honestly I am not sure, as I have never applied for I-485 before :-).

[Moveon]

Biometrics need to be completed and accepted before the EAD card can be issued.

Has the procedure changed. back in 2012 I got my EAD couple of months before my Biometrics .

[AceMan]

Has the procedure changed. back in 2012 I got my EAD couple of months before my Biometrics .

Is biometrics needed for EAD (765) or GC(485)?

[Zenzone]

Has the procedure changed. back in 2012 I got my EAD couple of months before my Biometrics .

I'm not aware of any procedural change but my comment was based on anecdotal evidence of recent times. I may be very well wrong (hopefully!).

[Turbulent_Dragonfly]

Is biometrics needed for EAD (765) or GC(485)?

I do believe it's needed, not sure if this was long standing or a current admin change. The current admin did add in more stringent interview requirements to slow down case processing. I hope once Jan 20 rolls around, they will at least waive the interview requirements for the I-485. The virus is going to range for another 3-4 months minimum with the delay in getting everyone vaccinated and convincing morons that Bill Gates is not going to inject 'nanites' or 'radio trackers' through the vaccine to track you and he can track you through your damn phone if needed.

[Zenzone]

I do believe it's needed, not sure if this was long standing or a current admin change. The current admin did add in more stringent interview requirements to slow down case processing. I hope once Jan 20 rolls around, they will at least waive the interview requirements for the I-485. The virus is going to range for another 3-4 months minimum with the delay in getting everyone vaccinated and convincing morons that Bill Gates is not going to inject 'nanites' or 'radio trackers' through the vaccine to track you and he can track you through your damn phone if needed.

LOL this cracked me up on your vaccination comments. And yes this is not the 1800's and we are actually saying this in 2020 when we can send a spaceship and land it back safely to a pin-pointed GPS location! Who knows earth is may be flat and I heard some people say it to me but who knows...Guess we will find out! ;) If you know whom I mean right now.

[vsivarama]

The virus is going to range for another 3-4 months minimum with the delay in getting everyone vaccinated and convincing morons that Bill Gates is not going to inject 'nanites' or 'radio trackers' through the vaccine to track you and he can track you through your damn phone if needed.

Unless they stop using cellphones as 5G causes COVID. :D
Then we may need to come up with a new argument.

[mohan_jgd]

If your wife's job depends on receiving EAD, it makes sense to apply for H-4 EAD as well.

Thanks TD and jimmy for your comments.

Leaning towards applying for H4-EAD as well. Whichever (H4-EAD or 485-EAD) comes first before March would be great. Keeping fingers crossed.

[Turbulent_Dragonfly]

A load of info in this doc from AILA meeting with State Dept.
https://travel.state.gov/content/dam/visas/AILA/AILA-Agenda-Fall-2020.pdf

A lot of it may not be relevant to us here in the forum, and they skated on providing any info like why the VBs are being delayed.

Were there specific reasons behind these unprecedented delays in the release of
the October and November Visa Bulletins?

We understand the importance of the Visa Bulletin and every effort is made to
make the bulletin available as soon as possible each month.

b. Are the October and November Visa Bulletin releases an aberration, such that
AILA and the public should expect future Visa Bulletins to be released midmonth?

Those release dates should not be considered the new norm.

(And here we are on Dec 15th, and no January VB yet)

c. Is DOS able to share any information at this time regarding its plans discussed in
the March 2020 liaison meeting to more effectively communicate the Final Action
Dates and Dates for Filing to the public?

We do not have any information to share at this time.

[2011Feb]

Thanks TD and jimmy for your comments.

Leaning towards applying for H4-EAD as well. Whichever (H4-EAD or 485-EAD) comes first before March would be great. Keeping fingers crossed.

I'm in the same boat (may be ahead of yours). My wife's H4 EAD expires on Dec 30.we applied H4 and EAD extension on Aug. Still waiting for Bio metrics. Most likely we will not receive EAD and she has to take a break.

Meanwhile applied I-485 and EAD on Oct 1st ,Waiting for that one too.

[srimurthy]

I'm in the same boat (may be ahead of yours). My wife's H4 EAD expires on Dec 30.we applied H4 and EAD extension on Aug. Still waiting for Bio metrics. Most likely we will not receive EAD and she has to take a break.

Meanwhile applied I-485 and EAD on Oct 1st ,Waiting for that one too.

Did you also apply for a H1 extension at the same time with H4 and EAD extensions? If yes, they may keep the EAD in q until the H1 extension is approved. I was in the same boat last year with things taking more time, when I did not see any movement in 3 plus months time, I filed the premium for H1 and within 2 to 4 weeks all the documents got approved. I had to get the H4 EAD extended on time and card in hand as my wife could not take a break in Work as its tough to get back when you are out of an organization.

[gcconnect]

Did you also apply for a H1 extension at the same time with H4 and EAD extensions? If yes, they may keep the EAD in q until the H1 extension is approved. I was in the same boat last year with things taking more time, when I did not see any movement in 3 plus months time, I filed the premium for H1 and within 2 to 4 weeks all the documents got approved. I had to get the H4 EAD extended on time and card in hand as my wife could not take a break in Work as its tough to get back when you are out of an organization.

It may be case by case:) . I applied h1 premium and h4/h4EAD in july2020. I got h1 approved in 2 weeks and till now no h4 ead . Biometrics done last week. Totally unpredictable.

[Turbulent_Dragonfly]

Coming back to predictions, for the Jan bulletin I think the Admin will give one last middle finger to us by not moving it much. But they could also be eagerly looking forward to break ritual on the late VBs to release the next bulletin before Jan 20, 2020 to screw us over one last time.

[vsivarama]

Did you also apply for a H1 extension at the same time with H4 and EAD extensions? If yes, they may keep the EAD in q until the H1 extension is approved. I was in the same boat last year with things taking more time, when I did not see any movement in 3 plus months time, I filed the premium for H1 and within 2 to 4 weeks all the documents got approved. I had to get the H4 EAD extended on time and card in hand as my wife could not take a break in Work as its tough to get back when you are out of an organization.

Unfortunately, those were simpler times. These days with biometrics being made mandatory (It was one way to take down H4-EAD without need for legislation) the premium processing of H1 will no longer be extended to H4-EAD.

[vsivarama]

Coming back to predictions, for the Jan bulletin I think the Admin will give one last middle finger to us by not moving it much. But they could also be eagerly looking forward to break ritual on the late VBs to release the next bulletin before Jan 20, 2020 to screw us over one last time.

At this point, since it's all but certain that the current admin is on it's way out next month, I would assume that DHS and USCIS would want to extricate themselves from Stephen Miller's agenda and start cozying up to the Biden Administration.

[Zenzone]

Unfortunately, those were simpler times. These days with biometrics being made mandatory (It was one way to take down H4-EAD without need for legislation) the premium processing of H1 will no longer be extended to H4-EAD.

Agree for H4 EAD but for I-485 EAD its still a grey area as far as I understand.

[jimmys]

Is biometrics needed for EAD (765) or GC(485)?

It's needed for EAD/AP Combo card and I-485 background check.

[texas_]

It's needed for EAD/AP Combo card and I-485 background check.

Do you have to go for biometrics twice one for Ead/Ap and second for gc?

[AceMan]

Do you have to go for biometrics twice one for Ead/Ap and second for gc?

It appears that if there has been a recent biometric information, UScis is waiving a second biometric request.

[Zenzone]

It appears that if there has been a recent biometric information, UScis is waiving a second biometric request.

That's what I have been hearing.

[march1612]

I know this question would have been asked many times before and I apologize for asking again. But this is more of an assessment to plan many personal things.

Is there a possibility of Final Action date for EB2-India moving to April 2010? and When?

[Zenzone]

Got my (our) biometrics appointment notices for an early Jan appointment today. Notice date is 12/12 which is a Saturday. Looks like USCIS is burning the midnight oil here to get through the volumes ;)

[Turbulent_Dragonfly]

I know this question would have been asked many times before and I apologize for asking again. But this is more of an assessment to plan many personal things.

Is there a possibility of Final Action date for EB2-India moving to April 2010? and When?

Don't know if anyone could say anything with certainty. Most of us were expecting the VB to move 2 months every month for EB21 to reach May 2011, but of course that did not happen. If they keep dragging their heels, they may end up wasting a lot of the spillover. Everything depends on what happens after Biden admin takes over and how aggressively they move the dates and try to max out the spillover usage.

[kuku82]

Got my (our) biometrics appointment notices for an early Jan appointment today. Notice date is 12/12 which is a Saturday. Looks like USCIS is burning the midnight oil here to get through the volumes ;)

Does the status gets updated for the receipt number when they mail out biometrics appt notice?

[Turbulent_Dragonfly]

Does the status gets updated for the receipt number when they mail out biometrics appt notice?

No it did not for me. But the I-485 and I-765 statuses got immediately updated as soon as the fingerprint appointments were done.

[Zenzone]

Does the status gets updated for the receipt number when they mail out biometrics appt notice?

Nope no updates on the online case status for me either.

[Turbulent_Dragonfly]

With HR1044 now dead as a dodo, it's going to be imperative for anyone who can file using DF to file asap. I don't believe any of the fantastical immigration plans Biden has is going to pass since there will likely not be a Senate majority. So anyone beyond May 2011 is going to have a really long wait unfortunately. Biden will just pass some executive orders on DACA and that will be that.

[Moveon]

That's what I have been hearing.

I had my last Bio Metric in 2012 and got my ED/AP then . When my date becomes current , would I need another one ?
What does recent bio metric mean - do finger prints at the airport immigration count ?

[srimurthy]

Moved the GC allocation prior to date being current in Bulletin to a new thread:
https://www.qesehmk.org/forums/showthread.php/2923-GC-issuance-by-USCIS-before-date-is-current-in-Bulletin?p=68764#post68764

[rabp77]

Is biometrics needed for EAD (765) or GC(485)?

biometrics are needed if uscis does not have valid biometrics in file. I believe previous biometrics are valid for 15 months. So if you had biometrics taken in the prior 15 months, uscis could skip the bio metrics. my friend got EAD twice without a bio metrics appointment, as the prior biometics were with USCIS.

[qesehmk]

Friends -

A general reminder about some things that we follow on this blog.

1. We never censor.
2. We never speak ill of any other immigrant group. Legal illegal country category doesn't matter.
3. We try to be objective. So more data and less opinions please.

[mitul75]

All, or even some of the things stated in this article could have huge positive impact on the millions of people, mostly Indian nationals who are waiting in line for a GC. Simple logical steps like not counting dependents in the yearly quota, or recapturing unused visas from past years can be big if the new admin shows the right intent. Along with that, if the admin can remove restrictions around letting everyone with approved I-140 apply for status adjustments and an EAD/AP along with locking the age of their children to help tackle the issue of aging out minors, that can be massively beneficial for the immigrant population.
https://thehill.com/blogs/congress-blog/politics/530948-leading-legal-experts-urge-aggressive-immigration-actions

[rabp77]

Friends -

A general reminder about some things that we follow on this blog.

1. We never censor.
2. We never speak ill of any other immigrant group. Legal illegal country category doesn't matter.
3. We try to be objective. So more data and less opinions please.

Thanks Q. Those are certainly great principles to follow, everywhere online, and in real life too.

[ak7419]

So, are we expecting the Jan bulletin to come out next week or the week after?

[inspired_p]

I know this question would have been asked many times before and I apologize for asking again. But this is more of an assessment to plan many personal things.

Is there a possibility of Final Action date for EB2-India moving to April 2010? and When?

Everyone is waiting to see how USCIS wastes the numbers this year. I am hoping Final action dates reach at least end of 2010 for both EB2 and EB3 India. But it seems a long way off for EB2-I based on movement in the first quarter.

[08jul11]

Hi Gurus: My wife was on H1 for about an year(till 2015) and then started working on H4 EAD. Her current H4 EAD expired earlier this month and H4 / H4 EAD approval is pending. We don't have much hope of getting them completed soon. So we were planning to do Change of Status to her old H1 which she used only for an year. Since the current H4 is expired and H4 renewal is pending, is her current I-94 is valid? Can we use the new H4 receipt number to file Change of Status to H1? I verified with two attorney's ….. new company's Attorney said NO while another one said, it is possible with current pending H4 receipt notice...please share your thoughts...

[rabp77]

Everyone is waiting to see how USCIS wastes the numbers this year. I am hoping Final action dates reach at least end of 2010 for both EB2 and EB3 India. But it seems a long way off for EB2-I based on movement in the first quarter.
I believe this is because horizontal spillover has not been applied till now, and it should get faster once that happens. But there is not much data to back this up till now. Once we get the quarterly visa issuance data, we will know for sure. Data publication is one thing that has taken a back seat under the current admin. Hoping this would be changed. With years long wait time, publishing visa and inventory data would at minimum bring some predictability in this process

[YTeleven]

Wait for one more month. USCIS printers will be unleashed to print 1000 GCs per day.

[Justmyself]

We got our 485 receipts today and while the primary’s A# and priority date is fine, the dependents A# is different from what we had previously and the priority date on the 485 receipt is blank. Is this normal? Any thoughts?

[Turbulent_Dragonfly]

We got our 485 receipts today and while the primary’s A# and priority date is fine, the dependents A# is different from what we had previously and the priority date on the 485 receipt is blank. Is this normal? Any thoughts?

Same happened for my wife. My only assumption is that the previous A# was generated for her while applying for OPT EAD (F1) while I never had OPT and got mine while applying for I-140. Seen others report the same, so it's not anything abnormal.

[skpanda]

Just for a Datapoint:

1. We (my wife and I), applied for I485, I765 and I131 on 29th Oct 2020.
2. No receipts so far.
3. I contacted USCIS chat. Provide all the details including A#.
4. They confirmed that they received my application and sent receipts on 17th Dec 2020.
5. They gave me the receipt numbers for the above applications.
6. One observation is that the receipt numbers start with MSC. (Missourie Service Center). I have never seen MSC in my 16 years of dealing with USCIS.
7. I tried to check the processing time in USCIS website and could not find MSC/Missourie.

Any body has any inputs on MSC?

Thanks!

[bikenlalan]

Just for a Datapoint:

1. We (my wife and I), applied for I485, I765 and I131 on 29th Oct 2020.
2. No receipts so far.
3. I contacted USCIS chat. Provide all the details including A#.
4. They confirmed that they received my application and sent receipts on 17th Dec 2020.
5. They gave me the receipt numbers for the above applications.
6. One observation is that the receipt numbers start with MSC. (Missourie Service Center). I have never seen MSC in my 16 years of dealing with USCIS.
7. I tried to check the processing time in USCIS website and could not find MSC/Missourie.

Any body has any inputs on MSC?

Thanks!

MSC is referred to as National Benefits Center

[skpanda]

MSC is referred to as National Benefits Center

Thanks!

But i could not find National Benefits Center for I485 Processing status. Any idea?
I was able to find it for I765 and I131.

[bikenlalan]

The only plausible guess I can make is, for cases that do not require interviews before it was made mandatory are processed by mainly Nebraska and Texas service centers, and post when interviews are made mandatory, cases are transferred to field offices for processing. MSC is typically a holding facility and processes background checks, and transfers cases to FO.

[bangaloreboy]

That’s reassuring skpanda!
Are your checks cashed?
My application was delivered to USCIS Lewisville TX same day as yours but haven’t seen checks cashed nor received receipt notices

[mohan_jgd]

Just for a Datapoint:

1. We (my wife and I), applied for I485, I765 and I131 on 29th Oct 2020.
2. No receipts so far.
3. I contacted USCIS chat. Provide all the details including A#.
4. They confirmed that they received my application and sent receipts on 17th Dec 2020.
5. They gave me the receipt numbers for the above applications.
6. One observation is that the receipt numbers start with MSC. (Missourie Service Center). I have never seen MSC in my 16 years of dealing with USCIS.
7. I tried to check the processing time in USCIS website and could not find MSC/Missourie.

Any body has any inputs on MSC?

Thanks!

Thanks skpanda. My application was posted on the same date but haven't received any receipt notice yet. I don't even know if the checks have been cashed yet as they were completely handled through my company. Would we be able to find out the receipt numbers from USCIS in that case?

[Turbulent_Dragonfly]

Thanks!

But i could not find National Benefits Center for I485 Processing status. Any idea?
I was able to find it for I765 and I131.

It's listed as Kansas City, MO.

[Turbulent_Dragonfly]

Thanks skpanda. My application was posted on the same date but haven't received any receipt notice yet. I don't even know if the checks have been cashed yet as they were completely handled through my company. Would we be able to find out the receipt numbers from USCIS in that case?

You can try and chat with Emma and provide your Biographic details, Passport Number, Country of Birth, DOB etc. and they may be able to pull it up in the system. Be advised there are literally thousands of people from India trying the same right now, so you may have to try for an extended period of time before you get to chat with a live agent.

[rabp77]

Thanks skpanda. My application was posted on the same date but haven't received any receipt notice yet. I don't even know if the checks have been cashed yet as they were completely handled through my company. Would we be able to find out the receipt numbers from USCIS in that case?

I don't think this has a big impact. My case was passed to nbc, after being received by tsc. All processing happened nearly at the same time as my friends whose cases were not transfer to a different center.

[skpanda]

That’s reassuring skpanda!
Are your checks cashed?
My application was delivered to USCIS Lewisville TX same day as yours but haven’t seen checks cashed nor received receipt notices

I am not sure about the checks. Lawyer has not informed yet. Since they have generated the receipt notice, I would assume the checks have been cashed.

[skpanda]

Thanks skpanda. My application was posted on the same date but haven't received any receipt notice yet. I don't even know if the checks have been cashed yet as they were completely handled through my company. Would we be able to find out the receipt numbers from USCIS in that case?

Yes. Just use the chat service... keep typing agent... they will connect to live agent. Give your A#. They ask for all other demographic info such as name, address etc. Then they give the receipt numbers.

[3March2010]

Jan VB out:

EB1 01 Sep 2019
EB2 08 Oct 2009
EB3. 22 Mar 2010

[AceMan]

Jan VB out:

EB1 01 Sep 2019
EB2 08 Oct 2009
EB3. 22 Mar 2010


Five month movement for Eb1 and on track to be current within the next few bulletins, a remarkable turn around from January 2020 where it was languishing 5 years behind at 1st January 2015.

Eb2 in the same time did only under 5 months, while Eb3 a little better.

The rapid movement can materialize in the third quarter.

[incredible]

Five month movement for Eb1 and on track to be current within the next few bulletins, a remarkable turn around from January 2020 where it was languishing 5 years behind at 1st January 2015.

Eb2 in the same time did only under 5 months, while Eb3 a little better.

The rapid movement can materialize in the third quarter.

It seems like it. But absolutely defies logic on FAD for EB2. They have exact knowledge of number of 485s and visa numbers to move up. with the time they are taking to issue 485 approvals (for those that became current from October), it may not be enough by moving EB2 only in the last quarter. They may most possibly waste significant amount of Visas. Unless this is caused by a tight leash by the outgoing administration and things become better from Feb or March Visa bulletin.

[srimurthy]

It seems like it. But absolutely defies logic on FAD for EB2. They have exact knowledge of number of 485s and visa numbers to move up. with the time they are taking to issue 485 approvals (for those that became current from October), it may not be enough by moving EB2 only in the last quarter. They may most possibly waste significant amount of Visas. Unless this is caused by a tight leash by the outgoing administration and things become better from Feb or March Visa bulletin.

Also considering that there will be a bunch of applications in EB2 with a PD before Apr'2010 that are filed before 2017 and not requiring interviews, the date moment should have been to Apr'2010 by now.

[mitul75]

It seems like it. But absolutely defies logic on FAD for EB2. They have exact knowledge of number of 485s and visa numbers to move up. with the time they are taking to issue 485 approvals (for those that became current from October), it may not be enough by moving EB2 only in the last quarter. They may most possibly waste significant amount of Visas. Unless this is caused by a tight leash by the outgoing administration and things become better from Feb or March Visa bulletin.

I think this was largely predictable reality, based on how slow the GC approval rates have been in the past few months for EB2/3 categories. If you follow Trakitt, in the EB2 category many with June or July 2009 dates are still waiting to get greened, and hardly anyone beyond August '09 got greened. So either the admin genuinely doesn't have enough resources to process the large volumes of visa, or they are just following orders from above to meter EB2/3 approvals. Remember, this is part of the current admin's policy, as clearly stated in the Presidential Proclamation of June 22: (https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/)

Sec. 5(b) The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

[incredible]

I think this was largely predictable reality, based on how slow the GC approval rates have been in the past few months for EB2/3 categories. If you follow Trakitt, in the EB2 category many with June or July 2009 dates are still waiting to get greened, and hardly anyone beyond August '09 got greened. So either the admin genuinely doesn't have enough resources to process the large volumes of visa, or they are just following orders from above to meter EB2/3 approvals. Remember, this is part of the current admin's policy, as clearly stated in the Presidential Proclamation of June 22: (https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/)

Sec. 5(b) The Secretary of Labor shall, in consultation with the Secretary of Homeland Security, as soon as practicable, and consistent with applicable law, consider promulgating regulations or take other appropriate action to ensure that the presence in the United States of aliens who have been admitted or otherwise provided a benefit, or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)). The Secretary of Labor shall also undertake, as appropriate, investigations pursuant to section 212(n)(2)(G)(i) of the INA (8 U.S.C. 1182(n)(2)(G)(i)).

Thank you. This explains a lot. As much as this is wrong, it is what it is. Hopefully, the new admin will take a look at these types of unnecessary proclamations and hasten issue of GCs.

[longwaitgigu]

Thank you. This explains a lot. As much as this is wrong, it is what it is. Hopefully, the new admin will take a look at these types of unnecessary proclamations and hasten issue of GCs.

Dates of filing stopped fro January bulletin
We r so tensed up
Did not get i485 receipt yet
PD oct 2010 eb3

[skpanda]

Dates of filing stopped fro January bulletin
We r so tensed up
Did not get i485 receipt yet
PD oct 2010 eb3

Did you try USCIS chat service to get your receipt nbrs?

[longwaitgigu]

Yes, no numbers as of yesterday

[BigAnt]

Just for a Datapoint:

1. We (my wife and I), applied for I485, I765 and I131 on 29th Oct 2020.
2. No receipts so far.
3. I contacted USCIS chat. Provide all the details including A#.
4. They confirmed that they received my application and sent receipts on 17th Dec 2020.
5. They gave me the receipt numbers for the above applications.
6. One observation is that the receipt numbers start with MSC. (Missourie Service Center). I have never seen MSC in my 16 years of dealing with USCIS.
7. I tried to check the processing time in USCIS website and could not find MSC/Missourie.

Any body has any inputs on MSC?

Thanks!

Sorry for asking a naïve question, I filed AOS/EAD/AP for the first time in Oct, so where would I get A# you mentioned in your post? Seems like I need this handy before I can contact USCIS chat to get my receipt number. .

[incredible]

Sorry for asking a naïve question, I filed AOS/EAD/AP for the first time in Oct, so where would I get A# you mentioned in your post? Seems like I need this handy before I can contact USCIS chat to get my receipt number. .

It should be on approval document of I140 (797 should have it)

[incredible]

Yes, no numbers as of yesterday

I have heard from a lot of people that they have not received the receipt numbers yet. I think goes back to previous post about slowing things down. It could be because of lack of resources or just plainly going slow, per proclamation. Hang in there and you should get it soon.

[Blue_fairy]

FA
EB2 I - 8th oct 2009
EB3 I - 22nd Mar 2010

FAD
EB2 l - 15th May 2011
EB3 I - 1st Jan 2014

[mohan_jgd]

Yes. Just use the chat service... keep typing agent... they will connect to live agent. Give your A#. They ask for all other demographic info such as name, address etc. Then they give the receipt numbers.

Thanks for the tip. Will try that.

[suninphx]

FA
EB2 I - 8th oct 2009
EB3 I - 22nd Mar 2010

FAD
EB2 l - 15th May 2011
EB3 I - 1st Jan 2014

All geared toward giving back as much visas possible to FB quota. And may be by design.

[EB22010Dec]

All geared toward giving back as much visas possible to FB quota. And may be by design.

But they don't go back to Family. It does not work like that as some guru mentioned few months ago.

[Turbulent_Dragonfly]

All geared toward giving back as much visas possible to FB quota. And may be by design.

It has been explained a few times here, spilled over visas from FB to EB cannot go back to FB unless there is some change in law.

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

[vsivarama]

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

Freezing the acceptance via DF charts looks random to me. A lot of people are yet to get receipts for applications filed in October (myself included). How do you think they came to the conclusion that they have received enough petitions? By counting the number of mails received?

[suninphx]

But they don't go back to Family. It does not work like that as some guru mentioned few months ago.

Okay.. thanks for that info.

[AceMan]

It has been explained a few times here, spilled over visas from FB to EB cannot go back to FB unless there is some change in law.

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

Eb1 will become current within the next couple of bulletins as it pretty much sure the applicants on that side would be very minimum beyond April 2020. In the mean time the centers would have enough time to consolidate the applications they have received so far in October till December. There are lot of people yet to receive the receipts, and apparently they would have received enough numbers so far for this FY.

For Eb3 they have applications from 2 years back till 1st April 2010. I thought they would hit 1st April this bulletin, but that is going to be the date for next bulletin.

It is obvious with filing dates moved to Jan 2015, they would have more than 100,000 EB3 downgraded applications. With the new admin I hope we can see the demand data again which was last released in July 2018.

[Turbulent_Dragonfly]

Freezing the acceptance via DF charts looks random to me. A lot of people are yet to get receipts for applications filed in October (myself included). How do you think they came to the conclusion that they have received enough petitions? By counting the number of mails received?

I am being very honest with my assumption here, but if we can track the application package as being delivered, they should too. And the day the package delivered is obviously critically important from the 180 day clock perspective, so I believe they will be tracking that, just that they have not been able to process all that for the receipts. So they should have a fair indicator of how many applications they have received and do some basic math.

[vsivarama]

I am being very honest with my assumption here, but if we can track the application package as being delivered, they should too. And the day the package delivered is obviously critically important from the 180 day clock perspective, so I believe they will be tracking that, just that they have not been able to process all that for the receipts. So they should have a fair indicator of how many applications they have received and do some basic math.

That makes sense. Did not think about the 180 day rule. They may have a basic tracking mechanism.

[Spectator]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.

[skpanda]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.


Thanks Spec!

I do think that USCIS will make every effort to allocate the extra GCs. At this point they are focussing on sorting and documenting all applications. Also giving GCs to existing applicants till April 2020 may generate negative attention while the current admin is in power.

If this theory is correct, they will be quitely processing new applications while preparing to give GCs to the folks who are already adjudicated. Sometime around June, they will open the flood gates for the GCs allocation. By that time the new admin would have settled in and also may have provided direction.

"Hope is a good thing!"

[qesehmk]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.


Thanks Spec. I was waiting for this.

[AceMan]

Thanks Spec!

I do think that USCIS will make every effort to allocate the extra GCs. At this point they are focussing on sorting and documenting all applications. Also giving GCs to existing applicants till April 2020 may generate negative attention while the current admin is in power.

If this theory is correct, they will be quitely processing new applications while preparing to give GCs to the folks who are already adjudicated. Sometime around June, they will open the flood gates for the GCs allocation. By that time the new admin would have settled in and also may have provided direction.

"Hope is a good thing!"

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

[android09]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.
Let’s hope. Even then the potential of massive wastages loom large.

[Moveon]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

Is interview mandatory for all AOS or is it exempt for people who applied before ~2015. We applied in 2012 and got our EADs back then EB2-I .
Would we need to appear for an interview ?

[getsaby]

Hello

Can anyone please guide me on which address to use to submit I131 and I765 together for the first time?
I485 receipt starts with MSC% and we are based in NJ.

Thanks!

[AceMan]

Is interview mandatory for all AOS or is it exempt for people who applied before ~2015. We applied in 2012 and got our EADs back then EB2-I .
Would we need to appear for an interview ?

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

[ak7419]

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

We definitely are the forgotten lot :(

I am still waiting for RFE as if it were my green card. Have been current for the past two months.

[mitul75]

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

You raise an interesting point. Based on how dates are progressing, I think CO is taking an extremely conservative approach, by assuming there will be no vertical/horizontal SO and distributing the 5,200 visas for EB2-I in a prorated manner. Sadly, if this approach doesn’t change soon enough, they are bound to waste visas at the end of the FY.

[YTeleven]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

[Turbulent_Dragonfly]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

I will believe it when I see it. We continue to get screwed over every visa bulletin. There should not have been any reason to inch it week by week when thousands of visas are available but that's what they are doing. I no longer believe all the talk about trying to toe the line of the current admin, it's in the law and they could just allocate it in an even fashion throughout the year and not pile it up in the end. I would have given the benefit of doubt for the Oct and Nov bulletins, but they have continued to do it for another two months after the clown show got beaten.

[sstest]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

Anecdotal - My coworker (EB1CROW) was waiting for his interview details and was pleasantly surprised last week to see the cards in the mail. It looks like more and more interviews are waived.

[Moveon]

I will believe it when I see it. We continue to get screwed over every visa bulletin. There should not have been any reason to inch it week by week when thousands of visas are available but that's what they are doing. I no longer believe all the talk about trying to toe the line of the current admin, it's in the law and they could just allocate it in an even fashion throughout the year and not pile it up in the end. I would have given the benefit of doubt for the Oct and Nov bulletins, but they have continued to do it for another two months after the clown show got beaten.

I still have hope that they will advance the dates significantly from the March Bulletin when they have the departments fully staffed. No one wants their heads on the chopping block as Trump has been firing people in his lasts days as President . What is important is to have the RFEs issued as most people on the 2012 EAD have their medicals expired.That way the GCs can be issued once the new administration takes over .

[rabp77]

I still have hope that they will advance the dates significantly from the March Bulletin when they have the departments fully staffed. No one wants their heads on the chopping block as Trump has been firing people in his lasts days as President . What is important is to have the RFEs issued as most people on the 2012 EAD have their medicals expired.That way the GCs can be issued once the new administration takes over .

There have been years where they have waited till last quarter to apply horizontal spill over (it's the horizontal spillover that will have a big impact, since the spillover from family gets spread to every country). Since they have many application in queue, and are processing them, there is a chance of rapid forward movement in final months. If the applications have been pre-adjudicated, once the FAD becomes current, the final approvals can happen very quickly. So i would not loose hope that full quota will not be used, at least not yet.

[rabp77]

Hello

Can anyone please guide me on which address to use to submit I131 and I765 together for the first time?
I485 receipt starts with MSC% and we are based in NJ.

Thanks!

Please review the page: https://www.uscis.gov/i-765-addresses

You should check under "If You Have a Pending Adjustment of Status Application",

[AceMan]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

The same agencies and their employees set the Final action date as the cut off date for kids aging out when they introduced Filing dates in 2015. There is no guarantee USCIS will remove the mandatory interview even.

However let us hope the new year and the new administration can bring about meaningful changes with legal immigration.

[longwaitgigu]

Just a thought
On mandatory interviews, AILA might suggest administration to keep the interview mandate. As less gc issued generates more revenue for h1 b extension for them

[spacetime]

Gurus,

I’m sure you must have seen David Bier’s tweet for pending AOS for India as of March 31, 2020. Here is the link.

https://twitter.com/david_j_bier/status/1343633515431284738?s=21

Based on these numbers , what do you think of chances of advancements for EB2/3 India?

[Positive]

Right now, everything appears to be going out of whack. Just checked the processing times. EAD processing times for Texas Service Center have jumped from 1.5 to 5 months to 4 to 9 months, similar for most other service centers. The processing time for AP remains 3-5 months which is odd. The I-485 processing times are 11.5 to 30 months. I am not sure it will get better rather than worse anytime soon. While Stephen Miller's grip on immigration will be gone soon, it is unclear how many of his stooges are now embedded in USCIS. This in addition to the elements that already existed in USCIS and managed to visa bulletin reversal in Obama's days. Add to that the avalanche of applications filed since October and it looks more and more bleak even to get that EAD/AP benefit.

[Turbulent_Dragonfly]

Right now, everything appears to be going out of whack. Just checked the processing times. EAD processing times for Texas Service Center have jumped from 1.5 to 5 months to 4 to 9 months, similar for most other service centers. The processing time for AP remains 3-5 months which is odd. The I-485 processing times are 11.5 to 30 months. I am not sure it will get better rather than worse anytime soon. While Stephen Miller's grip on immigration will be gone soon, it is unclear how many of his stooges are now embedded in USCIS. This in addition to the elements that already existed in USCIS and managed to visa bulletin reversal in Obama's days. Add to that the avalanche of applications filed since October and it looks more and more bleak even to get that EAD/AP benefit.

USCIS got all the money they wanted, probably north of a couple of hundred million dollars, in the past few months. Now they can go ahead and claim that since they have all those new applications, they have to up the service times. In reality, a fee-based service provider handles that by increasing the amount of resources to handle the extra load. Companies providing web services increase server and bandwidth capacities during peak times. Mobile operators increase available channel bandwidth by providing temporary towers around major sporting and other mass gathering events. This is not reinventing the wheel, but they get away with this because there is no accountability and we are at their mercy. Immigration is of course a privilege and not a right as they will helpfully remind us if we protest. We are just pawns in a bigger game.

[YTeleven]

I don't see any new data points in this tweet.. no changes to my predictions.. just wait till 01202021 and see the change in the direction..

[vsivarama]

Gurus,

I’m sure you must have seen David Bier’s tweet for pending AOS for India as of March 31, 2020. Here is the link.

https://twitter.com/david_j_bier/status/1343633515431284738?s=21

Based on these numbers , what do you think of chances of advancements for EB2/3 India?

The numbers are not pending AOS numbers. They are more like approved i-140 numbers which is available today. There is no way USCIS will have pending AOS numbers for EB2 past May 15, 2011 and for EB3 past Jan 1st, 2015.

[subbuss]

Thanks all for the suggestions on EAD/AP. I got the receipt # last week starting with MSC (Missouri) and I am self-filing EAD/AP and also asked out attorneys on why they are charging so much. They have since reduced it from $1700 per person to $850 per person.

One question on AP filing address: Should I send the AP to
Chicago
USCIS
Attn: FBAS
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

or
Texas
USCIS
Attn: NFB AOS
2501 S. State Hwy. 121 Business
Ste. 400
Lewisville, TX 75067?

Everything else was sent to TX, and Chicago seems like location for Family Based applications. Any thoughts would be helpful.

[vsivarama]

Thanks all for the suggestions on EAD/AP. I got the receipt # last week starting with MSC (Missouri) and I am self-filing EAD/AP and also asked out attorneys on why they are charging so much. They have since reduced it from $1700 per person to $850 per person.

One question on AP filing address: Should I send the AP to
Chicago
USCIS
Attn: FBAS
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

or
Texas
USCIS
Attn: NFB AOS
2501 S. State Hwy. 121 Business
Ste. 400
Lewisville, TX 75067?

Everything else was sent to TX, and Chicago seems like location for Family Based applications. Any thoughts would be helpful.

Check out the link below to make your determination. Looks like Chicago for receipts starting with MSC.

https://www.uscis.gov/i-131-addresses

[spacetime]

The numbers are not pending AOS numbers. They are more like approved i-140 numbers which is available today. There is no way USCIS will have pending AOS numbers for EB2 past May 15, 2011 and for EB3 past Jan 1st, 2015.

You're right! I missed that. Hope they start releasing numbers under new admin..

[subbuss]

Thanks Visvarama. I noticed that.

Only question is, the Chicago address shows FBAS (believe its Family Based) and the others show NFB (Non Family Based). A bit of dilemma here, whether to go with whats in official uscis page or send it to where I sent 485 and will send AP. Would have made it a lot easier if my lawyers had filed all three together.

[vsivarama]

Thanks Visvarama. I noticed that.

Only question is, the Chicago address shows FBAS (believe its Family Based) and the others show NFB (Non Family Based). A bit of dilemma here, whether to go with whats in official uscis page or send it to where I sent 485 and will send AP. Would have made it a lot easier if my lawyers had filed all three together.

As per documents shared by my attorney, you will determine the address by going to the URL below when filing with 485 receipt. I am filing my EAD and AP separately as well. From What he said was I can send all 4 applications (2EADs + 2APs for my wife and I) in the same mail. The lockbox will sort them and send them where appropriate.

https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities

Anyone with experience filing recently by themselves can chime in.

[subbuss]

Thats what I thought too. My plan was to send all (2 EADs and 2 APs) to TX lockbox, but, if I follow USCIS website, my EAD goes to TX and AP goes to Chicago. Dont want AP to be rejected because it was sent to a different address.
If I send it to Chicago, at least I can argue that I followed the instructions on their website, but it will be to two different locations. If I send it to different locations, will I not get a combo card?

[vsivarama]

I do not want to read too much into the USCIS instructions but a point to note will be "Filing your Form I-131 alone, and your Form I-485 receipt notice" on the above link for I-131. By the wording it seems if you are applying for I-131 separately without the EAD (i-765).

[gcwait]

Thats what I thought too. My plan was to send all (2 EADs and 2 APs) to TX lockbox, but, if I follow USCIS website, my EAD goes to TX and AP goes to Chicago. Dont want AP to be rejected because it was sent to a different address.
If I send it to Chicago, at least I can argue that I followed the instructions on their website, but it will be to two different locations. If I send it to different locations, will I not get a combo card?

Following USCIS link is a bit old but you may find it useful:

https://www.uscis.gov/archive/filing-directions-to-obtain-employment-authorization-and-advance-parole-card-where-adjustment-of

[subbuss]

Thanks gcwait. Agree its dated, but it makes a lot of sense. I am going to send both to TX and hope the lockboxes forward it to the appropriate processing locations.

[texas_]

Right now status says uscis fingerprint fee received but is there a way we know on uscis case tracker updates when they send a paper copies for fingerprints schedule ?
It’s very important to know on uscis case tracking so we can keep an eye on a anticipated physical mail from uscis in our mailbox

[FarAwayfromGC]

You raise an interesting point. Based on how dates are progressing, I think CO is taking an extremely conservative approach, by assuming there will be no vertical/horizontal SO and distributing the 5,200 visas for EB2-I in a prorated manner. Sadly, if this approach doesn’t change soon enough, they are bound to waste visas at the end of the FY.

The fact is , there are too many of us in the line, if you look at the pending inventory for India as of March 2020 . CO being cautious is not a surprise.

This was posted on twitter by David Bier . Not sure if this data is accurate but, I follow David on Twitter and he is a reliable source of information.

https://twitter.com/David_J_Bier/status/1343633515431284738?s=20

[idliman]

CO being cautious is not a surprise.
This was posted on twitter by David Bier.
Not sure how updated this data is. EB2I & EB3I have the same pending inventory of 4.2K for 2009 in the above table. EB3I, 2009 was FA current at least 3 months back and EB3I FA 01OCT09 was current for 6 months or more. All the 2009 EB3I folks should have shown up in the system by now with increasing porting cases from EB2I. Yet, EB3I had leaped ahead of EB2I. If they are allocating visa's quarterly, it does not make sense considering the total visas are only 5200. Just curious. Have I missed something major about why EB3I had jumped for quarterly allocation scenario?

Additional Thoughts:


OP. Thanks for posting this valuable information.
The ratio of EB2I to EB3I varies anywhere from 3:1 (33%) to 6:1 (16%).
For folks in 2010 to 2012 it is a no brainier to downgrade to EB3I. Even with porting EB3I should be faster for the next 2 years.
Anyone and everyone in 2009 to 2012 with EB2I should consider clogging the system with two I140's. EB3I folks in 2012+ or so may prepare with an additional I-140 (in-case they end up wasting majority of GCs this year).
ROW is FA current for both EB2 & EB3. If ROW EB3 has FA cutoff after the pandemic, that may slow EB3 in 2022 or 2023.

[AceMan]

Not sure how updated this data is. EB2I & EB3I have the same pending inventory of 4.2K for 2009 in the above table. EB3I, 2009 was FA current at least 3 months back and EB3I FA 01OCT09 was current for 6 months or more. All the 2009 EB3I folks should have shown up in the system by now with increasing porting cases from EB2I. Yet, EB3I had leaped ahead of EB2I. If they are allocating visa's quarterly, it does not make sense considering the total visas are only 5200. Just curious. Have I missed something major about why EB3I had jumped for quarterly allocation scenario?

Additional Thoughts:


OP. Thanks for posting this valuable information.
The ratio of EB2I to EB3I varies anywhere from 3:1 (33%) to 6:1 (16%).
For folks in 2010 to 2012 it is a no brainier to downgrade to EB3I. Even with porting EB3I should be faster for the next 2 years.
Anyone and everyone in 2009 to 2012 with EB2I should consider clogging the system with two I140's. EB3I folks in 2012+ or so may prepare with an additional I-140 (in-case they end up wasting majority of GCs this year).
ROW is FA current for both EB2 & EB3. If ROW EB3 has FA cutoff after the pandemic, that may slow EB3 in 2022 or 2023.


Porting is not recommended as you are presenting. EB1 is having rapid movement and expected to be current within next 2 bulletins. The 3rd quarter of 2021 EB2 should get the long awaited vertical spillover which has been absent for the last 4-5 years. Eb3I is expected to get only the horizontal spillover. So if you look at the numbers provided by Spec,
(E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602)

Eb2 I should be in a position to clear all the numbers till May 2011 before the end of the Fiscal.

[kuku82]

Nope no updates on the online case status for me either.


No it did not for me. But the I-485 and I-765 statuses got immediately updated as soon as the fingerprint appointments were done.

Got my biometrics appt notice today. The application forms were delivered on 10/23 processed by NBC.

[MidWestMaverick]

Hello everyone. I have been following this blog for a year and just want to thank you all for the information and analysis.

I have a basic question about the current situation - Since there are going to be a lot of people with I-140s in both categories, would USCIS try to keep parity in EB2-I and EB3-I dates? Looking at the data FarAwayfromGC, in the absence of large scale downgrading, EB3 might remain ahead of EB2 in the near future.

[AceMan]

The fact is , there are too many of us in the line, if you look at the pending inventory for India as of March 2020 . CO being cautious is not a surprise.

This was posted on twitter by David Bier . Not sure if this data is accurate but, I follow David on Twitter and he is a reliable source of information.

https://twitter.com/David_J_Bier/status/1343633515431284738?s=20

The dates mentioned was March 2020 and that was released just before the Covid situation. My interpretation is as follows.

For October 2020, Eb3 filing dates moved up to January 1st 2015, and E2 dates moved up to May 15th 2011. It looks like they have decided to accept 25,000 primary 140 applicants and their dependents in. They kept the tap open for November 2020 bulletin also, and in December they throttled it back to January 1st 2014 for Eb3, which means they would have received enough downgrades from May 2011 - Jan 2015.

The speed at which Eb1 India moved from May 2020 to October 2020 appears to have processed around 20,000 primaries for Eb1 at that time. Eb1 candidates generally use up 2-3 dependent visas, so that was a really good movement.

All of this points to some good movement in the offering from April bulletin.

Usual disclaimer, I rarely got my predictions right.

[alpha0]

The dates mentioned was March 2020 and that was released just before the Covid situation. My interpretation is as follows.

For October 2020, Eb3 filing dates moved up to January 1st 2015, and E2 dates moved up to May 15th 2011. It looks like they have decided to accept 25,000 primary 140 applicants and their dependents in. They kept the tap open for November 2020 bulletin also, and in December they throttled it back to January 1st 2014 for Eb3, which means they would have received enough downgrades from May 2011 - Jan 2015.

The speed at which Eb1 India moved from May 2020 to October 2020 appears to have processed around 20,000 primaries for Eb1 at that time. Eb1 candidates generally use up 2-3 dependent visas, so that was a really good movement.

All of this points to some good movement in the offering from April bulletin.

Usual disclaimer, I rarely got my predictions right.

If EB1India is current, how many more will try to file 140 and 485 this year and take advanvage of the movement? I doubt even CO can predict those numbers.

[alpha0]

Just to share how ridiculous this has become. I came to know about someone who came here to do masters and got married in 2008/early 2009 or so, got gc, became citizen, filed for parents who got gc. Parents filed for their other unmarried son/daughter who also got gc in F2B. That son/daughter got marrried and now spouse is going to get gc soon as F2A is current.

Luckily Covid related consulate shutdowns helped and i got my EB gc 2 months back else i would still be waiting while 4th link of the family based immigration chain would be getting GC before me. And they still complain that US immigration system is very slow.

[ak7419]

Just to share how ridiculous this has become. I came to know about someone who came here to do masters and got married in 2008/early 2009 or so, got gc, became citizen, filed for parents who got gc. Parents filed for their other unmarried son/daughter who also got gc in F2B. That son/daughter got marrried and now spouse is going to get gc soon as F2A is current.

Luckily Covid related consulate shutdowns helped and i got my EB gc 2 months back else i would still be waiting while 4th link of the family based immigration chain would be getting GC before me. And they still complain that US immigration system is very slow.

Oh, I have bunch of friends whose priority date was only few months apart from mine in the same category. They are now citizens and I am still waiting for green card - to be precise, still waiting for RFE :)

[texas_]

Got my biometrics appt notice today. The application forms were delivered on 10/23 processed by NBC.

What is your appointment date?
Were online cases updated when uscis sent your fingerprint papers via mail?
Just trying to understand
Please guide

[sudiva]

Please do not depend on online case status. It is not updated for primary and dependent case numbers though appointment date communication has been dispatched from NBC (receipt numbers start with MSC / Missouri Service Center) to reach our mailbox on or before Wednesday 12/30/2020. Interview is scheduled (same date and time for family) about 2.5 - 3 weeks away from receipt of mail from USCIS. Looks like online case status is not updated to reflect most recent activity.

[texas_]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week

[kuku82]

What is your appointment date?
Were online cases updated when uscis sent your fingerprint papers via mail?
Just trying to understand
Please guide

It's late Jan. There was no online activity on cases regarding the notices being mailed.

[raradhya]

I applied in EB2-I on 10/28/2020 and received my receipt notices on 12/3/2020. now waiting for bio metrics appointment.
however few of my friends in Eb2 to Eb3 downgrade have not received any notices so far. have people in this forum who downgraded in last 2 months have you heard back from uscis?

[android09]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week

USCIS case status does not change when biometrics receipt is sent. I received my biometrics notice earlier this week and my status on USCIS still says Fingerprint fee was received.

[longwaitgigu]

Has anyone read on trump extension of ban
It is extended to march 31st

[android09]

President Trump extends ban on family based green card issuance at consulates until March 31, 2021. Though it can and will be reversed by President Biden, if it doesn’t, then another 6 months of spillover to EB.

https://www.reuters.com/article/us-usa-immigration-trump-idUSKBN2951VK

[Palver]

Hi everyone, I am a new joiner here. Hoping someone here can share some insights. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options now? If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

[texas_]

President Trump extends ban on family based green card issuance at consulates until March 31, 2021. Though it can and will be reversed by President Biden, if it doesn’t, then another 6 months of spillover to EB.

https://www.reuters.com/article/us-usa-immigration-trump-idUSKBN2951VK

Does that means no H1B candidates coming until April 1, 2020 ?
Then there will be very minuscule PERMs filed for the entire year from March 2020 thru March 2021. This would push more spill overs to next FY 22 as well.

Just my guesstimate.

[texas_]

Thanks Android for updates. I spoke with USCIS customer services lady and she said that there's nothing sent out yet for me and my wife
But I would keep an eye on the mails starting Monday 1/4/2021

[rabp77]

Does that means no H1B candidates coming until April 1, 2020 ?
Then there will be very minuscule PERMs filed for the entire year from March 2020 thru March 2021. This would push more spill overs to next FY 22 as well.

Just my guesstimate.

With that kind of spillover, if visas are not wasted, we should see a very significant movement next year also.

New admin may end the executive order. But other rules (such as public charge test) may be difficult to undo, and are likely to stay. Mostly all this should help EB India.

[shivab55]

Today received FP appointment notice, scheduled for 01/22. First time filer EB2 category RD 10/21/2020

[Palver]

New joiner here with a question. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options?
If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

[aGCHopefull]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week


Do you mean live chat (Emma) or did you really have a call with someone? If call with a real person, how do you initiate it? Can you please let us know?

I have not received biometrics appointment yet. (Receipt date 10/9, notice date 11/25, receipts received on 12/2, MSC - NBC). How can I check for the status on biometrics, please advise.

[aGCHopefull]

Today received FP appointment notice, scheduled for 01/22. First time filer EB2 category RD 10/21/2020

Can you please clarify if your file date is 10/21? What is your notice date?

[shivab55]

Receipt Date: 10/21, Notice Date: 11/17, FP Notice Date 12/22, FP physical copies by mail: 01/02

[rabp77]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

[qesehmk]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

Technically any president can rescind previous EOs. At the same time, EOs can be challenged in the courts and are not above the law. Courts will follow the law in keeping some EOs while nullifying others. Obama's DACA was ok but repealing it hasn't been. I am not a legal expert on DACA or any other matter though. Just my 2 quick cents!

[Turbulent_Dragonfly]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

[Turbulent_Dragonfly]

Hi everyone, I am a new joiner here. Hoping someone here can share some insights. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options now? If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

Yeah that’s correct. I don’t have much hope that it will move all the way to 2012 though there could be positive forward movement once the new admin comes to power. But if it does, you can file for it concurrently.


http://blog.cyrusmehta.com/2020/10/frequently-asked-questions-on-filing-a-downgrade-eb-3-petition-under-the-october-2020-visa-bulletin.html

[Palver]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

[Turbulent_Dragonfly]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

EB3 should technically be way ahead of EB2 based on previous demand. But in the past few months, there have been thousands of downgrades to EB3. If the new admin is more transparent, they could resume publishing the pending I-485 inventory so that we can start making some actual predictions which was the original intent of this thread!

[Turbulent_Dragonfly]

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

[Zenzone]

USCIS case status does not change when biometrics receipt is sent. I received my biometrics notice earlier this week and my status on USCIS still says Fingerprint fee was received.

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

[AceMan]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

[2011Feb]

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

Aceman,

Mine and your dates are close.

PD : EB3 Feb 2011
I-485 applied : 01 Oct 2020
Biometric Notice received Date: 31 Dec 2020
Biometric Appointment date : 27 Jan 2021 (NC)

[Zenzone]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

[rainmaker12]

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

PD : Jul 2010 (EB2-I)
485 Filing date: Oct 21 2020
485, 765 131 Receipt notice date: Nov 18 2020
Biometric notice date: 12/22/2020
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/21/2021 (Seattle ASC)

[Mgajsk]

@Zenzone @ rainmaker12

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)

[Mgajsk]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

[Cjxjos]

Any guesstimate for dec 2009 eb2?

[Positive]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement? I don't think public charge rule will survive. I would not worry about it.

[Positive]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

[Noesis]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

[Zenzone]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Interesting! I haven't heard/seen first hand evidence of this in my circle of friends. Your case is positive :)

[kash80]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

[Positive]

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

NO, regular. Why waste money when priority date is Sept 2013. :)

[GCMirage]

My EB3 downgrade was also filed on 10/23/20, receipts generated on 12/21/20 out of Nebraska center and received by mail the following week. No word yet on finger printing, my wife was fingerprinted couple months ago for a different reason so it will be interesting to see if her i485 EAD will be issued directly or she will be asked to give another set of prints.

[Positive]

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

[Mgajsk]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

wow ! congrats ! I guess I have to change my username to Positive to expect something positive from USCIS. :)

[aGCHopefull]

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

I believe they accept fingerprints if those were taken within last 15 months.

[Turbulent_Dragonfly]

I believe they accept fingerprints if those were taken within last 15 months.

I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.

[EB22010Dec]

I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.

because fingerprints change every year? :p

[vedu]

Guys,

I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.

[rabp77]

Guys,

I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

[vedu]

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

It may have to do something with the COVID situation back in March-August period when travel was very uncertain, and hence USCIS may have issued separate limited period AP document, that again depending on the officer processing your case. I have never traveled on separate AP document, so I am little apprehensive about relying on it and then they not allowing me to board the return flight and getting stuck in India. If there is anybody in this group who has previously traveled on separate paper-based AP document, please share your experience. That maybe useful for others.

[idliman]

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.
vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

[suninphx]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

[raradhya]

Looks like USCIS is only honoring Final action Dates (FAD) for January filers. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-59

[vedu]

vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

Idliman,

Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.

On another note, currently I am in the process of getting OCI renewed for my kids. That's another painful experience you have to deal with. The Indian Government OCI website and the new VFS Global website are designed for the 19th century! Very difficult to navigate through to find any clear info, and sometimes they simply don't work. Anybody who have filed for OCI recently will agree with me on this one. Bottom line, the pain will continue even after you receive your GC. The best thing to do is not to travel at all!

[idliman]

Idliman,
Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.


It is post #148 (https://www.qesehmk.org/forums/showthread.php/1429-EAD-(and-or-AP)-Renewal?p=64827&viewfull=1#post64827) on EAD (and/or AP) Renewal (https://www.qesehmk.org/forums/showthread.php/1429-EAD-(and-or-AP)-Renewal) thread. This also had a discussion on the C09 vs C09P. I think we concluded that C09P is better if you are eligible for a combo card.

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.

[vedu]

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.
Couldn't agree more with this. People need to pay close attention to this point in their future EAD/AP renewals.

[kumareb2]

forgotten souls

[kumareb2]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

yeah..we are the forgotten souls :-(

[AceMan]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

The last digits of the year got inverted. Can be passed as a typo in the big scheme of things. 12 or 21

[Mgajsk]

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

[qesehmk]

This is how I would answer if I were in your situation.... See inline.


Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
No

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
USCIS may ask for evidence that you intend to join the sponsor of your Green card.

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
None that I can think of ...

Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

All the best

[Mgajsk]

3.
Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

All the best

Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

[inspired_p]

Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

[Mgajsk]

The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

Thank you for the clarification inspired_P.

My I-485 Received date is Oct 19 2020. so 180 days from that date is when I can change employers?
I gave up 2 offers in backlog. Hopefully things change soon. fingers crossed.

[superuser]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

[delorean_doc]

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

[rabp77]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let?s say if I exercise my EAD for a new job where employer doesn?t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

As per the law, the 180 days starts from the day the AOS application was filed with USCIS (https://www.govinfo.gov/content/pkg/PLAW-106publ313/pdf/PLAW-106publ313.pdf). However, the receipt notices from USCIS do not mention that date, and only have the date where the receipt notice was generated. So just to be safe IMHO, its good to go by the date on the receipt notice from USCIS. Otherwise in case you need to prove something, you will be relying on Fedex/USPS receipts, which likely carry less weight than a notice from USCIS itself.

[rabp77]

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

[delorean_doc]

Got it...thanks

[kash80]

Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

[idliman]

Question to the Gurus in the group.


1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.


3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

[mitul75]

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

Here's what I think:

#1 It depends on whether you wish to use your H1B visa or not, since if you want to do a visa transfer then your future employer needs to sponsor it. On the other hand, if you want to switch to EAD for your future employment then you won't need sponsorship any longer.

#2 You need to ensure that you are not deviating too much from your original job category, since as per the AC21 portability rule you'll need to prove that your new job is in the "same or similar occupational classification" as the job described in the immigrant petition filed by the prior employer. I'd suggest that you talk to your new hiring manager and discuss this beforehand, and continue to keep this in mind even as you progress in your career.

#3 The 6-month period is counted from your I-485 receipt notice date

#4 If you don't have it already, get a copy of your PERM labor certification and I-140 approval notice

[mitul75]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

To answer the second part of your question, as long as you can find a future job offer in the "same or similar occupational classification" as the job described in the immigrant petition filed by the original employer prior to an audit by USCIS, you should be good. It doesn't matter if you take a break in between jobs while you are in AOS. Using EAD gives you a lot more freedom in choosing your employer since they don't need to sponsor your visa which can be a deal breaker for a lot of hiring companies.

[Palver]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

I believe the second part of your question is unanswered so am going to try. I'll let other people correct me if I've mis-stated something. Under AC21, if your I-485 is pending for 180+ days, you can 'port' your employment to a different employer by filing I-485 supplement J and do not have to go through Perm/I-140 to restart your green card process. If you lose your job, you will have to find a new job and be ready to file form I-485 supplement J with the new job offer. The conditions for porting still apply (https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21)

[idliman]

On December 28, 2020 (https://www.jdsupra.com/legalnews/uscis-withdraws-proposed-filing-fee-6234732/), the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases – at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.

This is good news for all especially the ones who recently filed for I485. You don't need to pay for EAD/AP renewal.

[moonlight]

On line of similar discussion of job change during pending I-485...
My Company A has filed I-485 on 10/08/2020. I am with them for 10 years. The client "company B" was about to file H1B transfer before my filing date became current. So I slowed down the transfer process. Now most likely I will loose the opportunity if I don't join them soon.

1. Can I initiate H1B transfer petition with Company B at this moment and join them with H1B approval before 180 days? I can do I-485J supplement and AC21 after reaching 180 days.
2. Can I initiate H1B transfer to secure the position and join Company B after 180 days on H1B or with AC21? Any risk of meddling of pending I-485 by new H1B transfer petition?
3. I asked the attorney of "Company A" who filed I-485. The answer was political in nature. The response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Since the attorney copied staffs of my current employer in reply, I guess he is showing loyalty for continuance of business. Based on this I halted H1B transfer petition. Not sure what is the right thing to do here. I am counting each day.

Gurus, please help with your knowledge and guidance. Sometimes attorney's suggestion becomes more confusing.

[mesan123]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

[aGCHopefull]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Congrats! Can you please confirm if yours was EB2 / EB3? ,RD? and when was your bio done?

[Zenzone]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

[Turbulent_Dragonfly]

I still see many people confusing NOTICE DATE with RECEIVED DATE. The Notice Date is just the date the receipt notice was printed to be mailed to you. For the purposes of the 180 day clock, the RECEIVED DATE is when it's counted from. If it takes 2-3 months from the time USCIS received the application to generating the receipt because of overload like what's happening now, it's not the applicant's fault. By law, it's 180 days from the day the package was received by USCIS.

[superuser]

No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.


That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

[inspired_p]

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

[Moveon]

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

The USCIS is considerate about the "similar" clause . Most Indians wait for over a decade and they don't expect you to have the exact classification as your perm . Most have moved to managerial positions and I have not seen anyone have issues with it . in my previous work place the Technical Program Manager got is GC late 2019 while his perm was for a software engineer back in 2008. The Lawyers too seem to be fine as long as it is in the technical/Engg field if the perm was for a developer's position .

[aGCHopefull]

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

Hi Zenzone, could you please also share your RD and whether EB2/EB3?

[rabp77]

The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

thats certainly good to know. I had done my about 2+ years ago, when it just had a notice date, and no received date. Good to know they have the received date printed on it now. Yes, as per the law your 180 day counter started on the date it was filed.

Good luck.

[rabp77]

On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases ? at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.



Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

[rabp77]

Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

as i recollect, the public charge rule was a different one. So that one should still stand , right?

[mesan123]

Hi Zenzone, could you please also share your RD and whether EB2/EB3?
Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

[Chilli19]

Mai know the service center and the applied date of your 485, 131& 765?

[kuku82]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

That's super quick. I was under the impression background checks happen post-biometrics, but looks like that's relevant only for 485 (and not 765).

[admin]

Folks - apologies for the downtime today.

The hosting provider messed up our configuration and have been trying to solve this. Still not fully solved. But the site is somewhat functional now.

[aGCHopefull]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Thanks for sharing. Congratulations for EAD and AP. Good to see they are scheduling bio for EB2 candidates too. So far I had seen only EB3 people getting EAD approved.

[inspired_p]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Wow ! Thats really quick approval of EAD / AP . Congrats !

[19YRSNOGC]

Wow ! Thats really quick approval of EAD / AP . Congrats !
Biometric date 1/6
765/131 Approved date 1/7&1/8

[Positive]

Fascism knocking on US capitol's doors. It's been more than 20 years in US but never seen such anarchy.

14.5 yrs. it is distressing to see how the leader of the nation has brought to fore the worst instincts among such a large number of people. Also, how quickly the institutions can be overrun. The police has always had covert elements of the extremist right amongst them, not just sympathizers but also participants but now they can act overtly. Open welcoming of rioters at the capitol by so many among the capitol police was a testament to the rot in the so called "law enforcement" community. The denial/holding back of national guard and other security back up for hours while the attack was ongoing reflects upon the failure of the pentagon and the executive branch to even physically protect one branch of the government from an assault supported by the president. Continued support of completely baseless lies about the election by so many legislators in the house and some in the senate even after the mob attack on the legislative branch and the vise president reflects on the vast erosion in democratic ethos among both the leaders and the people. The corruption in the government at large that makes transparent adherence to pursuit of power and money at the expense of any and all professed principles is deeply depressing. Orwellian and dystopian are the words that seem to best describe what I see.

[Positive]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.
Received the combo card valid for only an year (EB3 downgrade, priority Sept 2013) effective start Dec. 29 (earlier than the approval date). The USCIS just can't help but live u pto its reputation as among the very worst administrative agencies.