EB2-3 Predictions (Rather Calculations)

[vedu]

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.

This is how they waste resources. Now you will apply for EAD again in another six months wasting your time and their time that could have been utilized for other important things.

[mesan123]

Wow ! Thats really quick approval of EAD / AP . Congrats !
Thank you. I think once Fingerprints are done people might there AP/EAD pretty soon. My guess looking at other cases ...

[Zenzone]

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

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

[AceMan]

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

I am waiting to get my biometric mail. my Rd is 10/27

[inspired_p]

Thank you. I think once Fingerprints are done people might there AP/EAD pretty soon. My guess looking at other cases ...

I am waiting from 1st December ; not sure how they decide to process the applications. But I am definitely hoping to see some traction on my case this month.

[Kesid23]

I finished my biometrics on 2nd December.

RD: 10/20/2020
MSC.

Still waiting for EAD.

[donkeykong]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

[getsaby]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

Which service center?

[GCkaLADDU]

All

I need some advice on how to file my initial AOS based EAD and AP. I didn't file them along with i-485 back in October due to time contraints. Here's my situation:

My I-485 was receipted through the Missouri Service Center (starting with MSC). Rules for proper filing location appear to different for an APs as compared to EADs.

EAD applicants seem to have to file the I-765 at the USCIS lockbox having jurisdiction over the applicant's place of residence, which means my EAD application should go to the Arizona lockbox (I am from Kansas). For advance paroles, the rule appears to be that I have to file the I-131 based on the receipt number on the I-485 on which AP eligibility is based. (since my I-485 receipt starts with MSC, we have to file the I-131 with the Chicago lockbox.)

Therefore, in my case, it appears that my AP application has to be filed at the Chicago lockbox and the EAD has to be filed at the Arizona lockbox. Does this mean that I can't get combo card and getting separate EAD/AP is the only option?

Does anyone have any similar experience to share?

[srimurthy]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

Wow,

My Timeline: (EB2 Sep 2010)
Received: Oct 21
Notice: Nov 20
Biometrics notice: XXXX
Biometrics appt: XXX
765/131 approval: XXX
EAD Card mailed: XXX

[aGCHopefull]

Wow,

My Timeline: (EB2 Sep 2010)
Received: Oct 21
Notice: Nov 20
Biometrics notice: XXXX
Biometrics appt: XXX
765/131 approval: XXX
EAD Card mailed: XXX

My Timeline:
Received: Oct 9 (delivered to Lewisville, TX center)
Notice: Nov 25 (Notice from NBC)
Waiting for everything else :)

[getsaby]

All

I need some advice on how to file my initial AOS based EAD and AP. I didn't file them along with i-485 back in October due to time contraints. Here's my situation:

My I-485 was receipted through the Missouri Service Center (starting with MSC). Rules for proper filing location appear to different for an APs as compared to EADs.

EAD applicants seem to have to file the I-765 at the USCIS lockbox having jurisdiction over the applicant's place of residence, which means my EAD application should go to the Arizona lockbox (I am from Kansas). For advance paroles, the rule appears to be that I have to file the I-131 based on the receipt number on the I-485 on which AP eligibility is based. (since my I-485 receipt starts with MSC, we have to file the I-131 with the Chicago lockbox.)

Therefore, in my case, it appears that my AP application has to be filed at the Chicago lockbox and the EAD has to be filed at the Arizona lockbox. Does this mean that I can't get combo card and getting separate EAD/AP is the only option?

Does anyone have any similar experience to share?


I recently filed both EAD/AP for my spouse, our stupid lawyer didn't file in Oct 2020 they just filed I485. Got the I485 Receipt on Dec 19th and filed both EAD/AP recently, still waiting for the receipt, no fees were mailed with the application for first-time EAD/AP.

Here is where to mail them.

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

[GCkaLADDU]

Thanks much buddy!

I believe this line clears all the confusion:

If Form I-485 has already been filed and Forms I-765 and I-131 are being filed together, use Form I-765 filing location instructions. USCIS’ intake operations will process and send the forms together to the appropriate USCIS service center. We have updated the form instructions on our website accordingly for both forms.

[subbuss]

I went through this dilemma recently and ended up using the I-765 chart based on my location. USCIS just received it today, so I dont know how and where they are going to process.

[donkeykong]

which service center?

Missouri SC

[mesimba]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

[getsaby]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

I am surprised they asked you again for the same info except for the expired medicals. I also replied in Aug 2018 to both medicals (third medical) and I-485J. I am also with the same employer since 2006, wondering if they will be sending me the same given by PD is just 10 days short.

[idliman]

Hello All
I got an RFE for my case PD Dec 2009 EB2I
Thx
Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

[AceMan]

I am surprised they asked you again for the same info except for the expired medicals. I also replied in Aug 2018 to both medicals (third medical) and I-485J. I am also with the same employer since 2006, wondering if they will be sending me the same given by PD is just 10 days short.

The current Covid-19 scenario should be a clear indicator that USCIs should get rid of this outdated process of requesting for medicals. It is painfully hilarious that they are requesting a RFE for medicals during this time.

[mesimba]

Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

Thanks a lot !

[Moveon]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

My advice will be to file it via your company's law firm as they file responses by the 1000s and can help file it correctly. Also most companies will pay for the employee part atleast .
Incase you make a minor mistake while filling the form, USCIS will send you another RFE and put you at the end of the queue and if you run the clock out the dates can retrogress. Indeed law firms can make mistakes too, but then the probability is very low .
You have come so far and if you need to spend some money for the filing fee for you/spouse its still worth it.

[bookworm]

Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

All the above advice is 100% right. Based on what is happening with Oct-Jan folks this is a good indicator that Feb PD will move to Dec 09. Be careful in the paperwork but also respond as quickly as possible.

Just as a data point - once the PD becomes current all files are equal for USCIS. The more complete your file is the greater the speed of approval. So please respond to your RFEs as quickly as you can. We have all done the hard part now lets take it across the finish line.

[mesan123]

I saw in trackitt , user with EB2-India Feb 2010 Priority date got RFE as well.. hopefully we might see some movement soon...

Only wish they dont waste visas, if they stick to that dates eill start progressing

[incredible]

I saw in trackitt , user with EB2-India Feb 2010 Priority date got RFE as well.. hopefully we might see some movement soon...

Only wish they dont waste visas, if they stick to that dates eill start progressing

That's a first good news in almost 3 months (after late september early October euphoria). Let's hope we are in for FAD movements.

[idliman]

My advice will be to file it via your company's law firm as they file responses by the 1000s and can help file it correctly. Also most companies will pay for the employee part atleast .
In-case you make a minor mistake while filling the form, USCIS will send you another RFE and put you at the end of the queue and if you run the clock out the dates can retrogress. Indeed law firms can make mistakes too, but then the probability is very low.
You have come so far and if you need to spend some money for the filing fee for you/spouse its still worth it.
I agree that, if the company is supporting an applicant go with the company attorney team. The RFEs one gets after a long standing I-485 are 1) G-325A form, 2) I-693 (medicals), 3) I-485 Supp J (if there is AC21) [includes a AC21 justification] and 4) EVL.

The I-485 Supp J will mostly done by a company attorney. This will also include a justification for same or similar category job.

If there is no Supp J, then the entire set of RFE's is very simple. G-325A is a one page form. Take your old G-325A and update if you have any changes in work or resident addresses. So there is no need to be alarmed. These are simple RFEs. I don't see any issues in replying on your own.

Addl Thoughts:
The whole point is being independent of the attorneys and save some bucks for easier things. There are a lot of users who did EAD/AP renewal by themselves (since 2012). They have done renewals at least 4 times since 2012. Of course there is a group who used attorneys and paid anywhere between $500 to $1500 per applicant. There is no USCIS fee for renewing EAD/AP. All you pay is to print your photos and for FedEx. People should be mentally prepared to do the EAD/AP renewals by themselves. Usually the first EAD/AP is given only for 1 year. So a bunch of users will send EAD/AP renewal documents in the summer of 2021.

[bookworm]

That's a first good news in almost 3 months (after late september early October euphoria). Let's hope we are in for FAD movements.

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

[Kesid23]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

[Turbulent_Dragonfly]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

FYI, the wage increases are scheduled to kick in on July 1. Enough time to overturn it or file for a renewal if your H1 is expiring in the next 6 months.

[Turbulent_Dragonfly]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

It could also be that they have finally caught up with the tsunami of applications from Oct.

[bookworm]

I agree that, if the company is supporting an applicant go with the company attorney team. The RFEs one gets after a long standing I-485 are 1) G-325A form, 2) I-693 (medicals), 3) I-485 Supp J (if there is AC21) [includes a AC21 justification] and 4) EVL.

The I-485 Supp J will mostly done by a company attorney. This will also include a justification for same or similar category job.


Great Thoughts overall.

I will only add a different perspective On 485J. Using company lawyers has its pros and cons;

Pros;

1. Lawyers have seen many cases so they can decide what will and will not work.
2. Saves one the headache of poring over 485 JD Vs current JD
3. With the changes in SOC code it is always a challenge to pick the right SOC for minimal risk of rejection.

Cons:
1. If one had transitions in their career the individual is best equipped to connect the dots between the prior JD and Current JD
2. Depending on the relationship with HR and Manager one can emphasize duties that are similar in the 485 JD to the new JD
3. One has the latitude to pick a SOC code that is in the right zip code rather than be at the mercy of lawyers
4. Lawyers will generally take the conservative approach when the need may be for pragmatism.

In summary If you have a situation that needs explaining for 485J you may be better served by doing some homework on your own or by engaging your own lawyer. Company lawyers are paid by the company so they will do everything for their client first, next for you and last for USCIS.

[bookworm]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

This is all gamesmanship. Anti-imm in administration are setting up playbook to block Bidens agenda via SC. Most likely will fail as these are administrative matters so courts will give more latitude to Biden & Co. Will add to the stress levels but wont matter in long term.

[Moveon]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

[vedu]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview.

[mesan123]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

[mesan123]

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview. you might be correct. People with EB2 Feb2010 also getting reciepts. Might be it will move to early 2010.

[moonlight]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

[rabp77]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

[rabp77]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .
you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update-mandatory-employment-based-i-485-adjustment-of-status-green-card-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

[Moveon]

you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update-mandatory-employment-based-i-485-adjustment-of-status-green-card-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

Thanks for the clarification . Yes we both got RFE for the medicals and I got the Supplement J too . Seems straight forward . Hoping dates will move rapidly in the coming months given that the administration is changing in about a week .

[Moveon]

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

I agree , its not worth the risk . If they invalidate the 485 its back to square one . 180 days will fly past . Best of luck

[idliman]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .
There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).



Who will be interviewed?

If your employment-based adjustment application was filed on or after March 6, 2017, USCIS will interview you and any family members applying for adjustment with you.

If your application was filed before March 6, 2017, you could be called for an interview if there is an issue that may affect your eligibility to adjust status, such as an arrest or conviction. This is consistent with USCIS?s previous interview policy for employment-based adjustment applicants.

[aGCHopefull]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.

[Moveon]

There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).

Thanks a lot . Yes , I just completed our medicals and the lawyers are handling the paperwork.
Now to wait and watch for the Visa Bulletin. Any statistic on how long it is taking for the GC to get approved after the dates get current for the 2012 filers ?

[19YRSNOGC]

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

[idliman]

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.
Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.

Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.



The American Competitiveness in the 21st Century Act (AC21) permits new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;

Form I-140 has been approved, or is approvable when filed concurrently with I-485;
Form I-485 has been pending for at least 180 days.



The new job does not have to be in the same geographic location
The new job does not have to pay the same or a higher salary
A new labor certification is not required.


The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of I-485 application, as indicated in a I-797 receipt notice.

Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:


I-140 petition is withdrawn by prior employer before applicant's Form I-485 is pending for less than 180 days with USCIS; or
Original employer's I-140 petition is denied by the USCIS at any time; or
Your approved I-140 is revoked at any time,
Employee fails to prove that a bona fide employment relationship existed at the time of filing.



Hope this helps. Good luck!

[idliman]

For completeness (https://www.iv-law.com/immigration-lawyer/green-card/ac21-portability/) of information:


About the "Same or Similar" position Requirement:

To be eligible for AC21, applicant's new employment must be the "same or similar" occupational classification to the one requested in initial Form I-140. There is no clear definition of what constitute "same or similar," but a USCIS adjudicator will consider the following factors:



Job Description: job duties of the new employment will be compared with the job descriptions contained on Form I-140 or labor certification;
SOC code : the SOC code (https://www.onetonline.org/find/) is an occupational code associated with specific job description indicates weather the new employment is the same or similar occupational classification;
Wage information: new salary should not be significantly different from the previous one, however it doesn't have to be exactly the same or necessarily higher.

[srisri]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC

[delorean_doc]

Folks, reading through the posts, the dates for biometrics, and EAD approval are all over the place (literally) depending on the service center. Can anyone weigh in on the expected timelines at the Texas Service Center? I believe continents drift faster than their processing times

[mesan123]

I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

Thank you both. It is been 2 months for me.. hopefully will get mine soon.. when i contacted customer service the rep told normally you dont get that reciept number... so i dont know if it is standard to get it or only few get it

[ak7419]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.

[incredible]

There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.

That is interesting analysis. I did submit 485 J in 2020 since I moved companies (after responding to an earlier 485 J RFE in 2018). If I remember correctly my application was in NBC. I would not expect an RFE for 485J, but for medicals may be. We will see in the next few months. Ironically the 2018 485 J was indeed approved (and did receive approval), where as the 2020 485 J is still in process.

[usvisas]

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.

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around

[19YRSNOGC]

Finally Received my EAD Card.

[usvisas]

Finally Received my EAD Card.

Congrats! Was your 485 applied at Texas lockbox and your case number starts with MSC?

[19YRSNOGC]

yes,was sent to Texas lockbox

[gc_dedo]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?

[Zenzone]

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC.

[moonlight]

Thanks rabp77, Moveon and idliman for the direction and explanation for AC21. I will not risk anything at this moment.

[mesan123]

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC. congrats.. did you get 485J reciept?

[mesan123]

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around i think it is not true. I applied to texas lockbox, straight EB2. My reciept no is MSC series... i did see many EB straight folks getting EAD in MSC too

[inspired_p]

Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.

Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.



Hope this helps. Good luck!

Thank you for the detailed summary !

[Zenzone]

congrats.. did you get 485J reciept?

Nope. Just the I-485 receipt as I filed both concurrently.

[bookworm]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

https://www.politico.com/news/2021/01/12/kamala-harris-immigration-green-cards-daca-citizenship-458455

Interesting proposals.

[idliman]

https://www.politico.com/news/2021/01/12/kamala-harris-immigration-green-cards-daca-citizenship-458455

Interesting proposals.
See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.


Harris said their bill would grant green cards immediately to immigrants protected by the Temporary Protected Status and De ferred Action for Childhood Arrivals policies. She added that the administration would also try to decrease the amount of time required to acquire U.S. citizenship to eight years from 13 years by making the naturalization process more efficient.

[bookworm]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

I hear you and have the same skepticism. I only wanted to point out that the circus is back in town so those of us who are in the queue should push & make all efforts to get through in the next 100 days. USCIS will act as per their political masters priorities and we will end up suffering due to wasted numbers.

[Turbulent_Dragonfly]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

There was a post in trackitt a couple of days ago when a user innocently asked if there is going to be any issue with his current photo because his hair is now almost gray from photos submitted before. He needs to ask that to the State Department twitter account.

[idliman]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?
I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

[mesan123]

Nope. Just the I-485 receipt as I filed both concurrently.
What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

[raradhya]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

[idliman]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.
If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.

I-944 (Declaration of Self-Sufficiency), I-693 (Report of Medical Examination), G-325A (Biographic Information) and G-1145 (E-Notification) are supplemental forms and do not get stand-alone receipt numbers. So, the three receipt numbers that you had received so far are the only ones that you will receive.

Hope this helps.

Murthy had an article about I-485 Supp J a few years back. You can read it for more info (https://www.murthy.com/2017/04/17/update-on-i-485-supplement-j-filings/).

[gc_dedo]

I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

[aGCHopefull]

If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.


You are definitely more knowledgeable on this but few friends of mine (who had applied I-485, I-131, I765, I-485j in Oct 2020) have received a separate receipt for I-485J as well. While few of us have not received it yet.

[Zenzone]

What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

As you can see from my previous posts, I'm a straight EB2 (Jan-2011 PD). My lawyer told me that when you file concurrently (485 + Supp J) you may not receive any separate receipt for Form J and that's normal.

[Zenzone]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

This is all you will get as such as rest of the forms usually don't get any separate receipt notices as mentioned by Idliman above too. I'm confirming this based on what my lawyers have told me when I checked with them for my case.

[AceMan]

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

Once you cut the cord, you got to breath on your own.

[Zenzone]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?

[idliman]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?
Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

[Zenzone]

Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

Thanks! I'm not worried. It was a general clarification. Guess we have been here long enough to appreciate how USCIS works in its own mysterious ways ;)

[mesan123]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

[Zenzone]

that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

Bingo...Just now our 765/131 statuses both changed to "case was approved".

[idliman]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format

[Turbulent_Dragonfly]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format

Thanks for the info! I am hoping I will never have to renew my EAD/AP :p

[bangaloreboy]

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

[qesehmk]

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

[vedu]

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

I second that. Specially, to idliman these days! It seems like he has received PhD in immigration matters!

[tenyearsgone]

Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

If you are with the same employer that you filed I485 with, then it doesn't matter if you are working on EAD or H1B. Switching to EB3 process remains the same (via new I-140 I think).
If you switch employers, then you need to file a new Perm and I-140 and then switch to Eb3.

[KB8765]

Yes, waiting patiently. Submitted on October 29 and no sign of Receipt or checks. Not sure how long this is going to take and if for Receipts we have to wait for 3 months then I wonder how they are going to utilize the spillover before September 2021.

[mohan_jgd]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format

Thanks idliman. These detailed posts are worth their weight in gold.

[mohan_jgd]

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

[sstest]

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

Same for me and one of my friends. Still waiting for updates.

[gc_dedo]

I hear you. Thanks.

[bangaloreboy]

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

Thanks mohan_jgd...that calms some nerves a bit...
Same date and lockbox here...
I had started to entertain thoughts that my file was sitting outside and getting soaked lol!
USCIS please take my money!

[bangaloreboy]

Same for me and one of my friends. Still waiting for updates.

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

[aGCHopefull]

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

Don't worry about the Received date. USCIS honors the date when it is received by lockbox.

[mesan123]

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

[bangaloreboy]

Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

Thanks Mesan! agree, all we can do is wait. Until then, onto to VB watch!

[Turbulent_Dragonfly]

My attorney was a bit pissed at me because she wanted to get the application in on Oct 1. She thought first that we need to submit everything but later decided that it would be better to get it in without medicals to avoid even a few days delay. By then I had decided I wanted to submit a 'complete' application with medicals and the clinic screwed up the blood draw which cost us extra days and we finally sent it out on Oct. 8 but she warned me we were playing with fire and there are going to be unimaginable delays. Tough to see a lot of people in limbo losing sleep over this for months now... hopefully they will catch up to the processing and maybe new Admin will allocate extra resources to handle the load.

[usvisas]

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs

[idliman]

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs
I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

[txsguy]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

[bookworm]

Seeing some interesting cases on Oct filers Whatsapp and Telegram groups. Looks like TSC is issuing cards without issuing RFEs. One case the last medicals were in 2012.

The only common thread seems to be applicants are in the same job since applying.

[usvisas]

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

couple of guys say: don't know if its TSC or NSC, been too long, how to find? :)

[Palver]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

Not exactly. There are a lot of people like me who haven't filed a downgrade. Some are negotiating with employers to file for a downgrade, some people have moved on to a new job and waiting for PERM approval etc.Quite possible that there would have been more 2014PD applicants who would have filed in December if given a chance.

[idliman]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV. The "DF" or filing dates are based on internal calculation (DOS/USCIS) on where the "FA" or final action dates will be at the end of that year (Oct 1st to Sep 30th). Based on past history they keep it open only for the first 1 to 3 months to get enough applications to build a buffer.

They should have gotten more fresh applications than they originally calculated / expected (probably EB2 to EB3 downgrades). That's why they moved / keep moving the DF dates. Please note that the Visa Bulletin is done by the State Department. They control the number of GCs that are issued. The honoring of "DF" dates is at the discretion of USCIS. So both departments do their job independently. Ideally they both should be in sync. But it is not practical.

There is a saying inside the beltway. DHS is one of the worst functioning arms of the Govt. and sometimes called a total disaster. Some people think DHS should be shutdown.

[samada]

I received RFE from TSC for Medicals, 485J and 325A.

EB2I 11 September 2009.

[bluelabel]

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

My PD is March 2nd 2010 EB2I and i did not receive any RFE yet but one of my old colleague who has same priority date and filed I-485 at the same time as me got RFE. We both are at NSC and received RFE in 2018.

[samada]

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

I received RFE a week ago from TSC

[Turbulent_Dragonfly]

Obviously no visa bulletin today which I believe is a good thing. Can you guys believe it? We are at the end of the LAST FRIDAY of this MISERABLE PRESIDENCY! Hope for a better bulletin from the next Admin, if not the Feb, at least the March one.

I wish everyone here a lot better immigration fortune at least for the next 2 years and hope for the best for the midterms.

[mcmilers]

I agree. let's hope the new admin brings a decent amount of relief for the backlogged community and EB immigration isn't a black hole anymore.

And we see a positive VB next week...We can only hope...

[superuser]

hello Gurus,

My company has filed my EB3 downgrade application on 30th December. At moment, I am waiting for the receipt notice. I see many lawyers out there recommending filing premium processing for downgrade only after receipt notice to be on a safer side.

I need to provide justification to my employer for the premium processing if I want to opt that. would you please help me understand what's the exact benefit of getting premium processing for EB3 I-140 downgrade?

Thanks You!

[rainmaker12]

Biometric appointments cancelled for Jan 19 and 20. USCIS probably expecting some events on inauguration day.

https://www.uscis.gov/news/alerts/uscis-suspending-in-person-services-jan-19-and-20

[vsivarama]

hello Gurus,

I need to provide justification to my employer for the premium processing if I want to opt that. would you please help me understand what's the exact benefit of getting premium processing for EB3 I-140 downgrade?

Thanks You!

There is not much benefit, other than that you can move on with your life once i-140 is approved. In case of the rare case of rejection some people would rather want that now than a year later. You can have some mental peace if you want to ditch H1 for good and move on to EAD (a tad bit riskier while your i140 is pending). The only other thing that I can think of is (rare chance), if your FAD becomes current, your GC will not be approved if i140 is pending adjudication.

[idliman]

I received RFE a week ago from TSC
Congrats on getting your RFE. Glad to see that TSC folks are getting RFEs. NSC works on its own. A couple of years back they sent RFEs to everyone with pending I485 requesting updated medicals. Those might have expired. From what I have seen NSC had sent more RFEs to keep their files current. That's why I wanted to hear from TSC folks.

TSC on the other hand is like a black hole. There are people who have not received any RFEs since their files were pre adjudicated in 2012. If many people from TSC get RFE's then it is definitely positive. It is a good indication of things to come.

[idliman]

There is not much benefit, other than that you can move on with your life once i-140 is approved. In case of the rare case of rejection some people would rather want that now than a year later. You can have some mental peace if you want to ditch H1 for good and move on to EAD (a tad bit riskier while your i140 is pending). The only other thing that I can think of is (rare chance), if your FAD becomes current, your GC will not be approved if i140 is pending adjudication.
superuser: I agree with the moderator. If your EB3 FA PD is current or close to being current, definitely go for premium processing. On the other hand if your PD is somewhere in 2014, I don't see the benefit of Premium Processing. I think I-140 takes about 6 months to approve now-a-days. Things will speed up once the JB admin take charge of things.

If you are not with the same employer, same job and same service center, then USCIS will not accept premium processing. So they get the receipt notice first and then file premium processing.

[superuser]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

[ak7419]

My case is being processed at NSC whereas my spouse's case is being processed at TSC. None of us received RFE. Is that normal for the cases to be in different service centers?

[vsivarama]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

Well this is just my opinion so take it for what it is. Though I cannot tell you what to do, I can layout the facts on the ground.

People with PD in 2010 and early 2011 should definitely give consideration to PP. The rest can decide based on their personal situation. Having said that here are the things that need to monitored.

i) How committed is USCIS in using up the extra spillover numbers? The only way to know this is to monitor the VB closely and based on the movement maybe we can decide more.
ii) Currently Avg processing time for i140 is close to 6 months. Is it going to decrease/stay the same/increase? Yes, Biden admin may speed up the processing time somewhat, but COVID is still a thing and the sudden influx of i140s for downgrade petitions may slow things down more.
iii) How safe is your job situation? If there are layoffs starting in your firm, then it's always safe to try and PP your case so that you are in the safe zone. If you are laid off after 180 days of filing i485 but your i140 is still pending approval, then it's kind of a grey area. I certainly would not want to find out what happens if the firm revokes your i140 while pending adjudication.

I hope you can make your decision based on some of these factors and how they apply to you.

[Chilli19]

I have biometrics appointment scheduled for Jan19th. Now I need to wait for a reschedule notice from USCIS

[usvisas]

Did nyone receive bio notice in 2021? I haven't seen any across any group, forum or tracker. Hearing that there's some pause since Jan 1st 2021?

[EB2June2010]

My wife and I received our receipt notices in the mail yesterday for I-485 as well as EAD/AP.

Category: EB2-I
Priority Date: June 28th, 2010
Application filed: Oct 26th, 2020
I-485/I-131/I-765 Received Date: Oct 27th, 2020
I-485/I-131/I-765 Notice Date: Jan 11th, 2021

We are still waiting for the notification for our biometrics appointment.

[rabp77]

My case is being processed at NSC whereas my spouse's case is being processed at TSC. None of us received RFE. Is that normal for the cases to be in different service centers?

USCIS tries to merge the cases for family members even if they are filed separately, but its not guaranteed. Personally know a friend, where the principal and derivative application were applied almost 3 months separate, and had fingerprints separately, but the subsequent interview and approval etc happened together. In this case they had the applications initially processed by different service centers, but eventually both were moved to the same service center. So i believe, they will try to merge it. Also you cannot normally say by the case status number where you application is being processed, because cases are often transferred between centers.

[rabp77]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

If they utilize all or most of the visas spillover, your date should be current in the next 1-2 years. There is also expected to be a reasonable spillover for FY2022. Thats the reason i am optimistic. Here is how this can be estimated: as per last release inventory data, the number of applications were around 1400 per month for india for early 2010 (for eb2). Now that number could have been higher in 2011, and maybe higher for EB3. But assuming its around 2000 per month, and availability for india EB2 /eb3 of around around 30000- 35000. This would mean an advancement of around 18 months this FY, which should put you very close by end of this FY. So one can be optimistic of this happening in the next 1-2 years.

However, please take it with a grain of salt as no one can predict utilization of visa numbers. Also it would help bring more transparency if they start publishing inventory data. You could use whereismyGC for predictions based on more data (which will be better than back of envelop computations above).

Good luck.

[H1b2006]

Guys 4 VB's came out in 2021 Fiscal year and so far had no luck for EB2/EB3 India

with 8 VB's in 2021 fiscal year,

what is the worst outcome can be for EB2/EB3 folks

do you guys think whole 25000 FB spill over visas per eb2 eb3 will be wasted in 2021 year?

In worst case scenario for 2021 with all FB spill over numbers wasted

whats chances of EB1 getting current in coming 8 VB's

once eb1 gets current how many extra numbers from eb1 can be passed on to EB2 per year untill EB1 India gets clogged again?

with 6 months FB numbers not getting used in 2021 Fiscal year, there is 60000 numbers atleast to be spill over to EB2/EB3 in fiscal year 2022

even if FB numbers are wasted this year, EB1 getting current in next 3-4 bulletins and 60000 FB spill over numbers coming to EB2/EB3

what will be FAD movements for EB2/EB3 India in Feb/March/April/May/June/July/Aug/Sept/Oct/Nov/Dec?

Om Namah Sivayah

[txsguy]

The "DF" or filing dates are based on internal calculation (DOS/USCIS) on where the "FA" or final action dates will be at the end of that year (Oct 1st to Sep 30th). Based on past history they keep it open only for the first 1 to 3 months to get enough applications to build a buffer.

They should have gotten more fresh applications than they originally calculated / expected (probably EB2 to EB3 downgrades). That's why they moved / keep moving the DF dates. Please note that the Visa Bulletin is done by the State Department. They control the number of GCs that are issued. The honoring of "DF" dates is at the discretion of USCIS. So both departments do their job independently. Ideally they both should be in sync. But it is not practical.

There is a saying inside the beltway. DHS is one of the worst functioning arms of the Govt. and sometimes called a total disaster. Some people think DHS should be shutdown.

I was reading there is no law which says they have to give all the people who have filed with Date of Filing GC's in the same year. It's mostly a guesstimate between DoS and USCIS because if it was law, we would see DoF being set in first three months and then by end of year all the people would have gotten GC's. So, its a guesstimate. That part everyone agrees.

Now coming back to this guesstimate, lawyers are proposing why cant USCIS do Date of Filing very aggressively if its not prevented by law and give benefits of AoS. State Dept can keep giving GC's slowly in their own sweet time.

[moonlight]

txsguy, where did you get some pointers from that lawyers are proposing to issue the EAD based on aggressive DF? I think it would directly hit their revenue streak and they would not like to implement that. However, I may be wrong if the perspective is changing now a days.

[txsguy]

http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html
(http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html)

Even CATO Institute sent this in its list of proposals. Of course it does not mean administration will/has to do anything but legally they can do and nothing is stopping them from moving the Date of Filing aggressively.
My point being legally there is no limit as to how much date of filing AoS they can take. Only number of GC's are legally bound and numbered/year.

[ak7419]

USCIS tries to merge the cases for family members even if they are filed separately, but its not guaranteed. Personally know a friend, where the principal and derivative application were applied almost 3 months separate, and had fingerprints separately, but the subsequent interview and approval etc happened together. In this case they had the applications initially processed by different service centers, but eventually both were moved to the same service center. So i believe, they will try to merge it. Also you cannot normally say by the case status number where you application is being processed, because cases are often transferred between centers.

Thank you rabp77. Much appreciated!

[idliman]

To all the folks who are new to the Trishanku Status (AOS Pending), make sure that you are aware of the implications before you travel out of USA. It is advisable to travel only with AP. Browse the precautions in the following thread. Good Luck.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

[H1b2006]

To all the folks who are new to the Trishanku Status (AOS Pending), make sure that you are aware of the implications before you travel out of USA. It is advisable to travel only with AP. Browse the precautions in the following thread. Good Luck.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes

As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)

[idliman]

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes
As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)
I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

[Turbulent_Dragonfly]

I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

Yeah, I am also in the 'I will believe it when I see it' mode.

The current admin make take one last parting shot before they are kicked out, so I am tempering my expectations at least for the Feb bulleting and hoping it won't be released until next week.

[Turbulent_Dragonfly]

http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html
(http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html)

Even CATO Institute sent this in its list of proposals. Of course it does not mean administration will/has to do anything but legally they can do and nothing is stopping them from moving the Date of Filing aggressively.
My point being legally there is no limit as to how much date of filing AoS they can take. Only number of GC's are legally bound and numbered/year.

I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

[vedu]

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes

As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)

This visa bulletin means world to us. We are constantly thinking about it, so we only see this from our own narrow point of view. But the reality is this means not much to any old/new administration. They have other bigger fish to fry, so they are not waking up every morning thinking what dates they should set for upcoming visa bulletin, much less what dates should be set up specifically for EB2/3I. This means nothing to them. My guess is they will let DOS/USCIS worry about that, while politicians themselves will be busy with more meaningful topics from their point of view such as impeachment, next stimulus package, maybe DACA, etc. If dates progress significantly, good for all of us. If they don't, who gives a damn except people on this forum!

[sudiva]

If they don't, who gives a damn except people on this forum!
I like the way you finished the comments :cool:

[rabp77]

I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

i agree. We should see faster movement in final action dates before any aggressive movement in DF dates.

[Turbulent_Dragonfly]

Sorry for one off topic post! Did anyone see what happened at the Gabba?! I surely wish this portends well for the rest of the year for all of us on our immigration journey. Beating unimaginable odds and coming out victorious in the end! What a game by the young debutants and other fresh faces. My spirits are truly lifted the morning of the day when an awful chapter comes to an end in this beautiful country.

[AceMan]

Sorry for one off topic post! Did anyone see what happened at the Gabba?! I surely wish this portends well for the rest of the year for all of us on our immigration journey. Beating unimaginable odds and coming out victorious in the end! What a game by the young debutants and other fresh faces. My spirits are truly lifted the morning of the day when an awful chapter comes to an end in this beautiful country.

This is even better than the match played by Bhuvan and his team as depicted in Lagaan.
The bowling experience in tests before this match was Siraj - 2, saini - 1, Shardul Takur - 10 balls, Sundar and Natarajan - 0, combined wickets taken under 10. Aussie bowlers - >1000 wickets

This Indian bowling attack took 20 wickets, while the Aussies wilted. Paine?s comment C U in Brisbane came back to pain him.

[srisri]

I am a Dec2009 PD candidate and have applied for EAD/AP renewal, my manager tired of approving renewals for H1 and EAD for the last 10 years, this guy from last 4 years said I’ll pray for your GC and hopefully this would be the last time renewing it. I said the same thing to myself few years ago. All this legislation might happen might not happen but if USCIS and DOS don’t waste visa’s this will bring relief to a lot of old timers.

On a lighter note my wife and I were discussing our aging looking at the pictures in our EAD cards from the past 9 years.��

[newyorker123]

A bit off-topic: Is there Premium processing now for EB2 NIW ?

[gayathrianil]

Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

[gayathrianil]

Gurus,

I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

[idliman]

Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

Here are my answers. Always refer to your attorney to get final legal advice. I don't have formal education in immigration law.

Browse through the following threads for EAD/AP first. Pay attention to I-9 / Status section in those threads.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format
(https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format)
Looks like you are new to the I485 C9P EAD/AP. The first rule is to stay with the employer who filed I-140 & PERM for 180 days after the "Received Date" of I-485. There are a lot of posts that explain AC21 protections. If you are asking all these question for the first 180 days within I485 submital, the answers can be very complicated based on your scenario.

1. AP is just a travel document that authorizes to enter USA. This question is more towards EAD. They cannot be separated as CBP can ask you employment questions at Port of Entry. I would wait for 180 days first. After that you are a "free agent" and it does not matter.

2. Once you use AP at port of entry, you are no longer on H1B. You are a "Pending AOS / DA / Parolee". Usually the employer / HR does not bother if they have a valid I-9. Once you renew H1B, then you come back to H1B status.

3. No issues. Everything revolves around 180 day AC21 protection. USCIS can send you an RFE anytime. At that time you need to be able to file I485 Supp J with "same or similar" category justification. Whether you work for Employer A or B or C does not matter. When a RFE is sent you will reply with a Supp J from the employer that you are working at that time.

I would stay put for the first 180 days after submitting I485 and avoid changing jobs at that period.

[gkjppp]

EAD/AP Receipts???

I applied for my EAD/AP renewal and it reached Lewisville,TX lockbox on 10/30. I have not received my receipts yet. I see in trackitt most of the guys got their receipts for October,2020. Is there a way to get receipt no's? I work on EAD not sure what options I have??? with pending EAD receipt i can work 180 days without a receipt ????

[idliman]

EAD/AP Receipts???

I applied for my EAD/AP renewal and it reached Lewisville,TX lockbox on 10/30. I have not received my receipts yet. I see in trackitt most of the guys got their receipts for October,2020. Is there a way to get receipt no's? I work on EAD not sure what options I have??? with pending EAD receipt i can work 180 days without a receipt ????
Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

[gkjppp]

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)

[Moveon]

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

I suppose the receipt was lost in mail, did you ask your lawyer as they would a copy if you used their services . As mentioned you can get to a live agent and have this resolved. EB cases are C-09 category so you will have the 180 days grace as long you filed before the EAD expired. Even after that you can still maintain employment by getting furloughed during which you will have health care and any stock plans continuing but w/o pay.
Anyway , I guess its a case of mail lost somewhere as it was election season and the administration was removing the sorting machines. You will be fine, don't worry as EAD denial is almost unheard of unless you committed some major crime.

[idliman]

Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)
Sorry. I misunderstood you as a first time I485 applicant. You are talking about regular EAD/AP renewal. Strange that you have not received receipts after 75+ days. This is what I would do in the order of things;


Call USCIS early AM (8AM not 11AM)
Chat with Emma in the morning (have your A# ready),
Email USCIS lockbox support immediately. and
Contact Ombudsman.

1) and 2) can be done in parallel. It may take you multiple tries for 1 and 2 (Ghazni Mahmud and his 17 invasions).


If we have not responded to an email from your attorney or representative within 30 days of receiving your filing package, you may email us at lockboxsupport@uscis.dhs.gov and we will answer your email as soon as possible. Please include the form number, receipt number, petitioner and/or applicant name, and mailing address. Do not include Social Security numbers in emails.

If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).


If all actions taken above do not result in receiving a receipt notification on a pending application with USCIS, individuals may file a Case Assistance Form (https://www.dhs.gov/case-assistance) with the CIS Ombudsman?s Office who will reach out to USCIS for status updates for the application.

Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.

However, the last week of Oct 2020 has the biggest dump of applications (I485). So keep working to get a receipt notice first. Then as soon as you are eligible, open a SR for EAD/AP. Be prepared for the congressman route. Just keep on pushing. You are eligible for C9 automatic extension. However, I would like to get a clean approval and not go to DMV multiple times to renew DL. Good Luck.

[srimurthy]

Moved the Transit Visa posts to a new thread:
https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP?p=69282#post69282

[qesehmk]

Idliman and others who are active on this forum in helping others if you need moderator access to maintain this forum please let me know either here or through private message. Our general criteria is that the person should have at least 100 posts and a good reputation among the community.

[cool_dude]

I am debating whether to upgrade i140 downgrade application to premium..my priority date is May 25 2011.Just got receipts for eb3 downgrade i140,1485,i765 and i131.

[gkjppp]

Sorry. I misunderstood you as a first time I485 applicant. You are talking about regular EAD/AP renewal. Strange that you have not received receipts after 75+ days. This is what I would do in the order of things;


Call USCIS early AM (8AM not 11AM)
Chat with Emma in the morning (have your A# ready),
Email USCIS lockbox support immediately. and
Contact Ombudsman.

1) and 2) can be done in parallel. It may take you multiple tries for 1 and 2 (Ghazni Mahmud and his 17 invasions).



If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).



Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.

However, the last week of Oct 2020 has the biggest dump of applications (I485). So keep working to get a receipt notice first. Then as soon as you are eligible, open a SR for EAD/AP. Be prepared for the congressman route. Just keep on pushing. You are eligible for C9 automatic extension. However, I would like to get a clean approval and not go to DMV multiple times to renew DL. Good Luck.

I got my receipts through Emma Live chat. Next step is to get actual receipts from them, which's needed to renew DL and work authorization before expiry. Thanks for your help Idliman

[gkjppp]

I got my receipts through Emma Live chat. Next step is to get actual receipts from them, which's needed to renew DL and work authorization before expiry. Thanks for your help Idliman

In fact, I emailed yesterday to Lockbox, I just got a standard reply. Chat with Emma seems easier way.

[srimurthy]

Moved some of the new Administration proposals and discussions following that to Bills, Rules and Politics thread.
https://www.qesehmk.org/forums/showthread.php/2696-Bills-Rules-amp-Politics

[gayathrianil]

Thanks Idliman for the response. But in my case it is my previous employer who filed my 485, not the current employer. So i guess i have to go back to work for him either after my EAD approval or after getting GC. Thanks again.

[inspired_p]

A bit off-topic: Is there Premium processing now for EB2 NIW ?

No. Unfortunately there is no premium processing for EB2 NIW applications, it takes around 9 months for approval.

[newyorker123]

No. Unfortunately there is no premium processing for EB2 NIW applications, it takes around 9 months for approval.

Thanks; I inferred the same. I thought this was a done deal as per the Oct 2020 order, and it was just a matter of time when this is finalized. But now with the Biden admin, who knows!

[idliman]

Thanks Idliman for the response. But in my case it is my previous employer who filed my 485, not the current employer. So i guess i have to go back to work for him either after my EAD approval or after getting GC. Thanks again.
I see only two potential issues in your case.

Validity of I-140: If the I-140 has been approved, my concern will be whether the employer will withdraw it before you reach the 180 day limit. In this case, your I-485 will be rejected. After, 180 days even if the employer withdraws I-140, AC21 protects you. Now, if the I-140 is not approved even for 180 days after filing I-485, then it is a "grey area". A crafty attorney can save you in that situation.
Potential Fraud of not working for sponsoring employer: As far as I know there is no legal requirement to work for the sponsor at the time of filing the LC or I-140 or I-485 is pending. EB GCs are based on future job offer. Will USCIS raise the issue of whether initial offer in LC / LC employer was valid or bona fide? The best proof of a job offer is working for the employer who sponsors your PERM / I-140. Filing a future job offer, without working for the employer and later using AC21 to move to a new employer can raise intent related questions or potential fraud or misrepresentation.


I want to tell my version of the truth as it is without sugar coating. If you want to take a risk and get through the first 180 days go ahead. With the current workload of USCIS, it would easily be 180 days before they start paying attention to your application.

I keep repeating this like a preacher multiple times in this forum. The key is the first 180 days after the receipt date.

Good Luck.

[bangaloreboy]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A

[mesan123]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A
Congratulations... good relief...

[mohan_jgd]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A

Thats a big relief. Still waiting on my end. Hopefully soon as my application has been filed on 10/29.

[KB8765]

Thats a big relief. Still waiting on my end. Hopefully soon as my application has been filed on 10/29.

Yes it was a long nervous wait and sleepless nights just for Receipt. Mine was submitted on 10/29 too and got receipts numbers yesterday from Emma Chat. Dont worry you will get it soon.

Not sure how long of a wait it will be for the next step.

[mohan_jgd]

Yes it was a long nervous wait and sleepless nights just for Receipt. Mine was submitted on 10/29 too and got receipts numbers yesterday from Emma Chat. Dont worry you will get it soon.

Not sure how long of a wait it will be for the next step.

Cool. I did try on Emma chat yesterday too, but was told that i am not in the system yet. Will try again early next week.

[bookworm]

Some authoritative explanation of the method behind the madness (New for me. Pardon if gurus already know this)

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Immigrant%20Visa%20Control%20System_operation%20of .pdf

Is this the reason we see spurt in approvals in beginning of the month and then zero movement in the last 2 weeks of the month?

[Turbulent_Dragonfly]

Would be nice for the new admin to release a good VB tomorrow so that we can talk more about future predictions rather than receipt notices on this thread!

[gayathrianil]

Thanks Idliman, my I140 was approved approx 9 yrs back, i worked with my previous employer for 10 yrs , not sure if they count that , but i dont have any issue working with them for 6 more months. Just wanted to see when i can join and if i can use AP without joining them (before joining them).

[srisri]

VB out EB2-I moved to 12th Oct 2009. That’s effectively 2 days movement considering the weekend.

[Maxray]

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

Eb1-4months
Eb2-4day
Eb3-9days

[idliman]

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

Eb1-4months
Eb2-4day
Eb3-9days
Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

[AceMan]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

:-D Give Biden time to settle in. It is not even 2 days since he became the President. Let us look at the April bulletin to see if the new administration changes are up to the speed with expectation. EB1 has reached January 2020, considering the low applicant resultant of covid impact from March 2020, Eb1 India can be current by April 2021 bulletin.

[bookworm]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

The question comes down to USCIS ability to process thousands of cases in 4 to 5 months time. Based on historical pattern it seems improbable that they will be able to accomplish that.

Right now TSC hasnt even looked at PD that went current in Nov. OTOH NSC keeps sending RFEs but limited CPO. Points to a lack of capacity to deal with a four fold increase in Q3 & Q4 due to spillover. IIRC same thing happened in 2012 except we were discussing 2007 folks then and now we are discussing 2009 & 2010 folks.

[AlmostThere]

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

Eb1-4months
Eb2-4day
Eb3-9days

From Feb Bulletin, so looks like future is slow!
EMPLOYMENT-based categories (potential monthly movement)
Employment First:
India: Up to six months

Employment Second:
India: Up to two weeks

Employment Third:
India: Up to three weeks

[Zenzone]

:-D Give Biden time to settle in. It is not even 2 days since he became the President. Let us look at the April bulletin to see if the new administration changes are up to the speed with expectation. EB1 has reached January 2020, considering the low applicant resultant of covid impact from March 2020, Eb1 India can be current by April 2021 bulletin.

I agree. I think there should be definite fwd. movement starting March.

[Zenzone]

AceMan,

Yes, I read that post and it does make sense to me. And I wasn't picking on you. I just used your post to express my feelings.

In this D's vs R's battle and the resultant status quo, any bad news is actually good news and any good news is actually bad. I said this before also. One doesn't have to be genius to figure that out. Zenzone got his chance at EAD, because the bad news of family visa ban due to COVID was actually a good news for him. And I am not even being insensitive about it. I personally lost my dear ones in this pandemic. But this is the TRUTH!

Sorry to hear about your loss! I didn't mean to imply that Covid is a blessing either, I understand the trauma this pandemic has caused to many of us.

[phkb2020]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

Long time lurker here. Just created an account !

Obviously with Feb 2010 priority date, I was hoping to see more movement than this.
But please explain to me what I am missing here? I am seeing a lot of posts hoping for EB2 movement in April/May. Is this due to the expectation that EB1I will go current and vertical spillover to EB2I?
But what about horizonal spillover? EB2 is scheduled to get 70K+ visas and with EB2ROW current since last year, shouldn't horizontal spillover be applied quarterly? With EB3I also in 2010s there shouldn't be any porting happening to keep EB2I dates where they are?

[asankaran]

Hi Folks,
My priority date is around last week of March 2010 EB2. Now that I see EB3 moving to April 2010, is it wise idea to downport from EB2 to EB3 or wait it out. I have EAD and have moved out from employer who sponsored my GC. If someone has already answered this or if there is another thread please point me to that.

Thanks!

[AceMan]

AceMan,

Yes, I read that post and it does make sense to me. And I wasn't picking on you. I just used your post to express my feelings.

In this D's vs R's battle and the resultant status quo, any bad news is actually good news and any good news is actually bad. I said this before also. One doesn't have to be genius to figure that out. Zenzone got his chance at EAD, because the bad news of family visa ban due to COVID was actually a good news for him. And I am not even being insensitive about it. I personally lost my dear ones in this pandemic. But this is the TRUTH!

It is painful to lose a family member due to Covid. My condolences.

[EB22010Dec]

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

[Turbulent_Dragonfly]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

[Moveon]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

[Turbulent_Dragonfly]

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

I don't post or watch trackitt that much but are any EB1s getting GCs issued? I would understand (against the protests of the EB1C haters) if they are giving priority to first wipe out the EB1 backlog, then EB2 and EB3. But hopefully they are actually consuming and issuing the GCs to those who are current in a reasonable timeline.

[Moveon]

Guys , lets take politics on a different thread please . Lets focus our energies on what can be done with what we have to move the dates and trash the politicians on a diff thread. Honestly we are wasting our time as they are so thick skinned that they don't care for anything except getting reelected .
My request will be for us to reach out to our C-level execs to use their contacts with Pelosi/Harris as they will always pick a call from the big guys. We are not asking for any favors, just requesting that the USCIS does its basic job. Imagine what a call from Sundar Pichai or Satya Nadela or Shantanu Narayen or Mark Z to them do . Sundar/Satya/Shantanu are immigrants who have been through this and can help .

[Turbulent_Dragonfly]

So filing dates are continuing to not being accepted for Feb bulletin so confirms that they have enough backlog to work with.

There is already gridlock between Schumer and McConnell in the Senate which was predictable with such a narrow majority. Democrats leading with a massive comprehensive bill is not going to go anywhere. I don't know how many times they will try the same thing over and over again. Democrats will hold legal immigration hostage for DACA and Asylees. Republicans will hold DACA and Asylees for legal immigration.

My short term view is that it's not going to get done looking at previous attempts to pass comprehensive immigration reform. There is no way 17 Republican Senators are going to sign up for a Comprehensive IR bill. And Democrats are not going to budge on piecemeal immigration reform since they know DACA will never become law that way. Let's watch what transpires in the next few months.

[newyorker123]

Given the Senate stalemate, what can potentially be done via executive order ?

[Turbulent_Dragonfly]

Given the Senate stalemate, what can potentially be done via executive order ?

In my opinion only, anything that they do to reduce EB backlogs by Executive Action will likely be struck down in the courts no matter what Siskind or Cyrus M keep harping about. All their creative accounting of not counting dependents, recapturing old visas etc. are all wishful thinking. And above everything else, the only Executive Action as regards to immigration which is well known and has survived is DACA. I don't think the Admin is going to take any Executive Action to reduce backlogs. The DACA population may only be around 800k, but they have a foothold and a voice in the mainstream discussion and massive clout among all advocates in the public and in Congress. For EB, we have IV who make websites to call sitting Senators racist that is still up. Good luck finding some empathy.

[vedu]

Given the Senate stalemate, what can potentially be done via executive order ?

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

[Turbulent_Dragonfly]

I hope the USCIS officials in the new Admin sack up and release an updating pending I-485 inventory. At least that will set the stage to argue the level of processing backlogs that have strangled the system and prompt further action to fully utilize every visa for FY2021.

[Moveon]

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

Thanks Vedu. Executive Action , Passing of bills etc are not going to happen for legal immigration, we have seen this for the last 15 years . If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .
These CEO's (or CEOs of any big company in any country ) wield immense power in the corridors of power and this will be the simplest of favors for them to request .

Also adding insult to injury , EB-2I actually has move by only 2 days and not 4 as 10 and 11th are Saturday and Sunday :mad: . Must be some dedicated sadists in the USCIS.

[texas_]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

[Moveon]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

Yes Date of filing/ Date they receive
Plz ,use the company lawyer to use the right codes and job description to avoid rejection

[texas_]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

[bookworm]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

485J is supposed to be filed by applicant. You or your lawyer can file it. Review of the same by your company lawyer depends on your HR policies.

Having said that there are 2 schools of thoughts;

1. Provide USCIS what they ask for. i.e. file 485J if you get a RFE.
2. Proactively provide 485J in the hopes that it speeds up things.

Both have its merits.

[cool_dude]

People were expecting relief on the way, but are now completely shocked. The sick joke is previous admin used to give us this kind of movement last year even without this massive spillover, and people used to accuse them of wasting 25,000/30,000 visas. The real insult will be in the next visa bulletin when there will be "up to two weeks of movement" out of which there will be two Saturdays and two Sundays. That time no matter how twisted logic you use, you won't be able to blame it on previous admin.

If you think for a minute...you will realize that the previous admin has actually delivered the goods despite their so called "nasty" intent towards immigrants by providing massive spillover and EADs to thousands of backlogged people. They also ensured massive spillover for the next year. Now, the ball is in the new admin's court. They need to deliver the goods with their "good" intent towards immigrants by using 100% of these visas that are made available to them to distribute.

Last admin did not really deliver spillover...it was just side effect of covid restrictions.They actually made everything harder including mandatory interviews.They did not really fix immigration issues.

[texas_]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

[idliman]

Dear all,

1. After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

2. Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;
To avail AC21 protections, your I-485 needs to be pending for 180 days and should meet all conditions for approval / pre-adjudication (Valid PERM, approved I-140, No fraud, etc.,)



The 180 days is based on calendar days (not business days). The clock starts with the ?Received Date? of your I-485 application, as indicated in your I-797 receipt notice.
After 180 days you need to get the I-485J form from the new employer. There is also a section to justify why the new job is in the "same or similar" category. OR attorneys will prepare a separate sheet with detailed job description and title of the new position. You can file it yourself or ask the attorney from the new job. I485J requires a signature from the HR / Manger in the new job position as they are attesting that a new job is available for you in their company. You will get a new receipt notice for I485J and also be able to track whether it was approved or not.


You can use your own attorney to file I-485J. That way you can better justify "same or similar" position requirement. However the signature must be from company side and they will most likely involve their attorneys.

[bookworm]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

Be careful with the SOC code and JD. Involve your lawyer before you switch. If your hiring manager is willing to support you he could expand some of the "other duties" to align with your previous JD.

Your best friend in 485J is you. You need to prove how new JD is close to the old JD. My personal experience is that Lawyers and HR dont understand the functional aspects of the job so they interpret things literally. Your job is to translate their feedback into action items on the JD. Most of us are hired in same or similar occupation. Tricky part is convincing the AO that the paperwork supports it.

Good luck and god speed!

[texas_]

Thanks Brother

[texas_]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

[bookworm]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

Is your new employer a large org or a smaller org? Having a experienced attorney helps but they are expensive. The biggest hurdle in my experience is HR. If you can navigate that then you are as good as gold. Usually your hiring manager has a big role to play in detailing your duties. So make this a part of your hiring process and you will have an easier time later on. Once you are in you have limited leverage.

[Moveon]

This post does huge disservice to readers of this forum so I have to now intervene and set things straight.

1) Biden administration at this time is 2 days old. Their nominees are yet to be confirmed (thanks to lack of cooperation from previous administration). So to pin a visa bulletin on them at this stage is quite inappropriate.
2) Under all previous administrations in recent memory (Bush / Obama and then Trump) spillover has always happened May onwards. So until then the date movement is always extremely restricted for backlogged countries.
3) The previous administration was totally anti immigrant - legal or illegal did not matter. Any spillover from family to EB is completely accidental (thanks to COVID) and required by LAW. So there is nothing they did. One can write an entire essay on how many things they have done to make life difficult for all immigrants.

It is natural to have political inclination but these are simply wrong and harmful arguments.

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

[vedu]

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

Actually, you are in disagreement with Q. If you read carefully, what Q is saying is that "spillover has always happened May onwards, so until then the date movement is always extremely restricted for backlogged countries". And that's the HARD TRUTH. So, political differences aside, blaming any admin (old/new) for the visa bulletins in first couple of quarters is wrong.

[rabp77]

Whats surprising is no one asks why does it need to be this way? Is application of spillover May onwards helping achieve the spirit of the law? Shouldnt an immigrant friendly admin have a plan that is better than a repeat of what has been done (& failed) before? I mean, we are issuing EOs to allow folks sitting in other countries come to USA but cant fix the USCIS Lockbox processing for receipts?

I may sound PO but that is because I can see lot of wastage happening in Sept. Genuinely hope that I am wrong and Biden-Harris are able to achieve what they are capable of.

We need to make a distinction between spillover from FB-> EB, and horizontal and vertial spillover within EB.

FB->EB is applied immediately at the start of the year. This spillover is spread to all countries, so the impact on any individual country is not much. However, they have been cautious applying horizontal and vertical spillover within EB, and have applied the horizontal spillover only towarads the end of the year. Although we know based on history this spillover is likely to be big, they have been extremely cautious just in case there is an unexpected surge in applications from ROW. So the cautious approach has its valid reasons and is in keeping with how its been done before, and the spirit of the law which allows horizontal spillover only after its certain it will not be used by ROW.

The good thing is if the applications have been adjudicated, the approval process is actually very quick once the dates are current. So the biggest factor now is just how quickly the cases are pre-adjudicated. If its like previous years, there should be an increase in pace of movement in the later half or last quarter.

[idliman]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?
Boss, it is not a Rocket Science and does not require an experienced attorney. If I were you, I will collect the approved PERM and match the SOC exactly and Title as much as possible. That is 50% or more of the "same or similar" justification. Then look at the job description in your PERM and make sure that you capture two or three points from that. That's it.

I work in a core engineering field. So a "Mechanical Engineer" cannot do an AC21 to a "Electrical Engineer" or "Civil Engineer". However there are Structural engineers in both Civil, Mechanical or Electrical Packaging side. Just match SOC and Job title as much as possible. Imagine you as an adjudicating officer who has no idea of what your IT position is. The AO is going to look for some common language to be comfortable to approve your I485J application. If you pay big bucks and hire an experienced attorney, they can probably justify that all are "Engineers" and eligible for AC21. It all depends on your situation.

That's why I have repeated a few times that everyone needs to have a copy of their PERM for later use in AC21. That helps a lot in AC21. You probably can write an excellent justification yourself and pass it on to your attorney as a start.

Also everyone needs to have the confidence to do an immigration form. Imagine a paralegal who is assisting an attorney. While most are excellent, there are some in the beginning stage and can do a lot of mistakes. It is our applications / forms and we need to make sure that we go through everything. I have asked for corrections in forms prepared even by an experienced attorney. You are paying for their services so your should make sure that the end product is worth it.

[phkb2020]

So how is spillover supposed to work? I know inventory data is non existent since last 2-3 years, but can the number crunching gurus in the forum have an idea (using Trackitt/PERM/USCIS annual data) to make sense of the pre May 2011 demand for EB2I & EB3I?

Going back to spillover question - Are horizontal spillovers applied quarterly or in Q4? EB1I has moved multiple years in matter of months - if USCIS/DHS is not applying horizontal spillover - then does it mean that there is virtually no EB1I demand and all demand is being satisfied by 7% country quota EB1I numbers (~5200). If this is true then EB2I should see bumper movement in Q4 - which also means massive wastage as the admin wont be able to process all applications in time.

I think we are seeing horizonal spillover is being applied, which then begs the question why EB2I is not getting the benefit of similar spillovers? Surely there isn't such a huge demand to EB2I dates that only allowed the movement of a couple of months after application of Q1 horizontal spillover !

[bookworm]

We need to make a distinction between spillover from FB-> EB, and horizontal and vertial spillover within EB.

FB->EB is applied immediately at the start of the year. This spillover is spread to all countries, so the impact on any individual country is not much. However, they have been cautious applying horizontal and vertical spillover within EB, and have applied the horizontal spillover only towarads the end of the year. Although we know based on history this spillover is likely to be big, they have been extremely cautious just in case there is an unexpected surge in applications from ROW. So the cautious approach has its valid reasons and is in keeping with how its been done before, and the spirit of the law which allows horizontal spillover only after its certain it will not be used by ROW.

The good thing is if the applications have been adjudicated, the approval process is actually very quick once the dates are current. So the biggest factor now is just how quickly the cases are pre-adjudicated. If its like previous years, there should be an increase in pace of movement in the later half or last quarter.

Thank you Rab for the reminder of the process. I agree that there is a reason to be cautious at USCIS. However this approach ignores historical data or any kind of forecasting.

At present folks who became current in Oct & Nov are still waiting for RFEs. Folks who have responded to RFEs in Nov & Dec time frame are waiting for a decision. It indicates that USCIS takes on an average 4 months to process after dated become current. This is based on normal demand patterns.

OTOH there are no environmental factors that seem to suggest a surge in EB ROW filings.

Assuming processing capacity is a constant it really seems impossible that USCIS will rise upto the challenge of processing a record number of GCs in Q3 & Q4 of FY 21.

On a lighter note - the race is between getting the Vaccine and GC (in some cases EAD renewal receipts).

[vedu]

So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

Don't use derogatory words such as "illegal". Please call them "undocumented". How will you feel if people call you "alien"?

[texas_]

Is your new employer a large org or a smaller org? Having a experienced attorney helps but they are expensive. The biggest hurdle in my experience is HR. If you can navigate that then you are as good as gold. Usually your hiring manager has a big role to play in detailing your duties. So make this a part of your hiring process and you will have an easier time later on. Once you are in you have limited leverage.

The new employer is government agency.

[vsivarama]

Going back to spillover question - Are horizontal spillovers applied quarterly or in Q4? EB1I has moved multiple years in matter of months - if USCIS/DHS is not applying horizontal spillover - then does it mean that there is virtually no EB1I demand and all demand is being satisfied by 7% country quota EB1I numbers (~5200). If this is true then EB2I should see bumper movement in Q4 - which also means massive wastage as the admin wont be able to process all applications in time.

I think we are seeing horizonal spillover is being applied, which then begs the question why EB2I is not getting the benefit of similar spillovers? Surely there isn't such a huge demand to EB2I dates that only allowed the movement of a couple of months after application of Q1 horizontal spillover !

There was this section below in the presidential proclamation that suspended entry to H1's and other visa types with cited EB2 and EB3 specifically. Maybe this is just reading too much into making sense of the VB movement disparity between EB1 vs EB2 and EB3.

"In section 5(b) entitled ?Additional Measures,? the executive order states that the Secretaries of Labor and Homeland Security will consider passing regulations or taking other action ?to ensure that the presence in the United States of aliens who have been admitted?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)).?

[Moveon]

Don't use derogatory words such as "illegal". Please call them "undocumented". How will you feel if people call you "alien"?

Honestly I don't care if they call me Alien . Calling us by some fancy name does not change anything unless reform is passed. Its all been lip service for the last two decades.
Anyway , we need to have one focus and that is to get the USCIS to honor Spillover ever fiscal. Lets not digress.
Please reach out to your members of congress asking them to inquire the USCIS on what their plan is to fully allocate the EB Visas.

[vedu]

Honestly I don't care if they call me Alien . Calling us by some fancy name does not change anything unless reform is passed. Its all been lip service for the last two decades.
Anyway , we need to have one focus and that is to get the USCIS to honor Spillover ever fiscal. Lets not digress.
Please reach out to your members of congress asking them to inquire the USCIS on what their plan is to fully allocate the EB Visas.

You got the point. I will certainly do my best to reach out to members of congress about this issue. I was very optimistic at the beginning of the year. But 5 bulletins after and 7 bulletins remaining in the year, I am not so sure any more. I have a sinking feeling like many others on this forum that visas will be wasted in massive numbers due to USCIS waiting until the last quarter and then not having enough capacity to process visas. You still have some hope since your priority date is in December, but people with PDs in 2010 should not take anything for granted at this time.

[bones20]

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

[Positive]

It is amazing that the advocacy group that is so vocal about country cap removal has crawled under a rock now that an opportunity of least resistance has materialized to benefit thousands of people in the backlog. It does not require legislation or executive action but simply lobbying the executive branch to timely process the legally available visas. But hey, that kind of advocacy does not present the opportunity to raise thousands of dollars, lord over a hapless tired backlogged community, and swat down with full force anyone else daring to organize on behalf of the community using a virulent army of trolls that would shame the QAnon and Proud boys. It's as if they would rather have these thousands of visas get wasted so they can continue to make the case for S386 to an ever growing number of backlogged people and collect dollars from the rubes. Considering that utilization of these visas would reduce backlogs and potentially decrease the resistance from ROW, because they will not be looking at as large a backlog as before, one would think that said advocacy group would vigorously pursue the powers that be to ensure that at least the current windfall of visas is fully utilized. If ever one needed proof that the advocacy group exists just for the money and power trip of a few vested interests, it is plainly visible now to all willing to view things objectively.

I am highly skeptical that USCIS will be able to use up more than twice the usual EB visas given the pace of movement of the visa bulletin and the pace of processing. The fact that Charlie Oppenheim, who is well versed with our plight, did not bother to move dates more aggressively and has no plans to do so, even though there has been a change of regime and Stephen Miller is no longer breathing down his neck, does not inspire much confidence. If we do not get our act together and lobby hard with the Biden administration to ensure they make USCIS use up the currently available visas, I do not see what would be the point of advocating for visa recapture or anything else. Time is running out. It will be logistically impossible to process the remaining visas in the last 3-4 months even if the USCIS somehow miraculously found the will to do so.

[Moveon]

You got the point. I will certainly do my best to reach out to members of congress about this issue. I was very optimistic at the beginning of the year. But 5 bulletins after and 7 bulletins remaining in the year, I am not so sure any more. I have a sinking feeling like many others on this forum that visas will be wasted in massive numbers due to USCIS waiting until the last quarter and then not having enough capacity to process visas. You still have some hope since your priority date is in December, but people with PDs in 2010 should not take anything for granted at this time.

Yes Vedu, I agree that I am ~2 months away on my PD, but if they issue the 120K GCs, 2010 should get cleared easily. I sincerely hope that it does . Reaching out to your representatives and senators is very easy . There is a form where you put your name and address and in a text box your grievance . Copy paste the same for the two senators and your congress person. Takes less than 10 mins in total . I just did it today .

Senators : https://www.senate.gov/general/contact_information/senators_cfm.cfm
representative : https://www.house.gov/representatives/find-your-representative

[qesehmk]

Just a few observations:
1) The FB to EB spillover is mandated by Law. So Trump administration did not do EB any favors.
2) USCIS processes over 1M GCs per year. So processing bandwidth is not the issue.
3) Biden Harris have all the good intent. But the 485 interview requirement is going to be a huge impediment to USCIS utilizing all numbers. It's almost as if that requirement is designed to stop EB-I from getting more numbers.
4) #3 leads to the uncertainty that still exists in utilizing the numbers.
5) Consequently it is important that EB backlogged folks do something - even on their own - to let USCIS and Biden admin know that the numbers must be used to alleviate some of the chronic backlogs.

[vedu]

Yes Vedu, I agree that I am ~2 months away on my PD, but if they issue the 120K GCs, 2010 should get cleared easily. I sincerely hope that it does . Reaching out to your representatives and senators is very easy . There is a form where you put your name and address and in a text box your grievance . Copy paste the same for the two senators and your congress person. Takes less than 10 mins in total . I just did it today .

Senators : https://www.senate.gov/general/contact_information/senators_cfm.cfm
representative : https://www.house.gov/representatives/find-your-representative

I submitted the forms today, thank you. Everybody should do it. Is there a way we can directly reach out to Biden admin or may be Charlie Oppenheim, since he is directly responsible for setting the dates?

[bookworm]

The new employer is government agency.

Just use a lawyer. Think of it as an insurance policy if there are questions over 485J.

[vsivarama]

CO has already mentioned very limited forward movement for EB2/3I for the next next few months. So, that's that.

On a fun note actually CO saying that maybe for the best. In the recent years, I am yet to encounter an instance when CO was right. It usually turns out to be opposite of what CO projects. Just very recently in Oct VB it was projected that we would see rapid forward movement. ;) . But one thing is true, the new admin can take off the interview requirement by the stroke of a pen. Let's see if it materializes by next month. I guess it's more than enough time to gauge the actual will of the admin.

[alpha0]

Because republicans don't want dreamers bill or EB bill (remember how republicans required UC for a bill that democrats supported)!

So instead of blaming democrats - our Hindu nationalist fascists should try to cajole their American counter parts in GOP.

https://www.as-coa.org/articles/chart-how-us-latinos-voted-2020-presidential-election

Did you notice that Trump got 32% latino votes in 2020 compared to 29% he got in 2016? That is despite all the actions he took on immigration.

Florida - cuban origin people favored DJT over Biden, but even among non cuban latinos, votes split between DJT and Biden.

Nevada- More latino men voted for DJT than Biden.

Texas - 43% of latino men and 38% of latino women voted for DJT.

After 2012 elections, republicans felt that they will need latino votes to win next election, there is no such pressure now. And DJT has brought so much hardliners to front that any 2024 republican hopeful will need support of those DJT hardliners more than latinos, so they will have to oppose any major immigration overhaul otherwise they will not get thru republican primary in 2024.

[AceMan]

IMO- Hindu nationalism has nothing to do with American immigration. You own this forum and you can write what you want but it doesn't really fit well with general sanity we have been having on this forum (in my opinion). The way you bash Hindu nationalism , I think any ideology can be bashed but it wouldn't help the cause. You (or anyone else) like it or not, BJP is in power with huge majority and they are in power in multiple states in India. If you want to oppose them you need to do it on ground. India still is a democratic country. Bashing them here won't help anyone.
Again, it's your forum and people who don't like what you write have option of visiting forum less frequently or not visit at all, I get that. But as a long timer here wanted to put forth my opinion none the less.

I have a clear Republican view and I have no problem in expressing my views or opinions here.

The objective of forum is to share views in a respectful manner. If you think he is bashing Hindu nationalism, counter it with points on why you think it is the right way to go.

[vsivarama]

We need to have a more objective view than that of a democratic or republican views. Yes, everyone have our biases and our own echo chamber but outside of it the situation is not that dire as it is portrayed in the media. e.g. A lot of republicans ignore the hardline immigration rhetoric as nothing but hot air. Just because they support DT despite hardline immigration rhetoric, does not mean they are racists, fascists or xenophobes. Similarly, a lot of people fear Bernie's rhetoric as socialist and as the beginning of the end of America. But a lot of democrats who voted for Bernie know it's hot air. They do NOT want a socialist country. It's easy for our politicians to start a culture war by fear mongering about AOC/Ilhan Omar or Jim Jordan/Taylor Greene than actually bettering the lives of people. They are all lazy folks who want to get by, by doing nothing.

[bones20]

Sorry for interrupting the political conversation. If someone could please help me find (or point to the right thread) answer to the below questions:

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current for final action just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

[bikenlalan]

Are the monthly checkins with CO by Aila still happening? I have not seen any updates in the last few months, those can give at-least some insight on what is going on in terms of SO utilization.

[vsivarama]

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current for final action just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

Here are the responses below.

1. Technically if you leave the employer after 180 days of filing i485 you should be fine. Its always better to maintain the right optics. It's always advisable to initiate any moves after the 180 days. What if your employer is willing to let you go from a couple of days when you server your notice? As long as you file the 485 Supp J and have proof to show that you followed the proper process, it should not matter in the GC interview.
2. No. He will have to restart your application for downgrade.
3. God knows. No one has any accurate information on pending inventory numbers or USCIS bandwidth to process GCs. Hopefully by end of FY2021.
4. There is no hard and fast rule. Even the lawyers differ on this some saying 180 days while the others say you can move out the very next day as long as you have spent enough time with the employer to prove to USCIS that it was not a fraudulent job offer solely extended for the purpose of GC.

[bones20]

Here are the responses below.

1. Technically if you leave the employer after 180 days of filing i485 you should be fine. Its always better to maintain the right optics. It's always advisable to initiate any moves after the 180 days. What if your employer is willing to let you go from a couple of days when you server your notice? As long as you file the 485 Supp J and have proof to show that you followed the proper process, it should not matter in the GC interview.
2. No. He will have to restart your application for downgrade.
3. God knows. No one has any accurate information on pending inventory numbers or USCIS bandwidth to process GCs. Hopefully by end of FY2021.
4. There is no hard and fast rule. Even the lawyers differ on this some saying 180 days while the others say you can move out the very next day as long as you have spent enough time with the employer to prove to USCIS that it was not a fraudulent job offer solely extended for the purpose of GC.

thank you!

Re:#1
Lets say If I fufill the safe harbor period of 180 days, give a notice right after that. Is there a possibility that I may be scheduled for GC interview in the notice period before I join the new employer (so no chance of filing 485j)?

[Moveon]

Hi All ,
Looks like we are have an ideology clash here between folks . Its fine to have different opinions but currently we all need to have one focus and this is to get the USCIS to issue the 120K extra GCs. This will sent the tone for the next year too when there will probably be an equal number of GCs spillover to EB.
I believe GCs with PDs upto April 30th 2010 can be issued w/o the interview as most were applied before 2017 .

As Vedu mentioned we need to have both political and Biz pressure . I will repeat this Please mail your members of congress , it won't take more then 10 mins .

If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .

If it helps you guys , I just framed a response that you could copy paste . So should not take you more than 2-3 mins to send this out . Please do send it ASAP .


Senators : https://www.senate.gov/general/conta...nators_cfm.cfm
Representative : https://www.house.gov/representative...representative
There is a web form where you put your name and address and in a text box your grievance (Pick "Immigration" from the category drop box) . Copy paste the same for the two senators and your congress person.

Dear <Name of your Representative /Senator>
I would like to draw your attention to the plight of backlogged Indian and Chinese immigrants in the Employment Based Categories 2 and 3 (EB2/EB3) . Hundreds of thousands of us along with our families have a predicted wait of 10s of years due to the broken immigration laws that put legal immigrants coming from India and China at a severe disadvantage. Many of them will sadly age out by the time they get their Green Cards.
This Immigration Fiscal (Oct-2020 to Sept-2021) there is a Spillover of 120K Green Cards into the Employment Category that must be utilized by September 2021, effectively making this a "use it or lose it " case. Sadly the USCIS has been not advancing the dates for Employment Based Categories especially for EB2 India that comprises of Individuals that have highly specialized skills who have been contributing to the success of the country in multiple fields. I kindly request that you use what ever is in your power to enquire the reason for USCIS to delay the forward movement of Green Cards for India EB-2 and EB-3 as with the current rate it seems highly unlikely that they will be able to issue the 120K extra green cards in the employment based categories by September. We are not requesting any extra Green Cards or for a special legislation. We are only requesting the USCIS to commit on not wasting a single employment based visa this fiscal and the coming . I hope that you would be able to contact the USCIS and get their commitment to not waste any employment based Green Cards and to advance the "Final Action" dates for India and China EB2/3 from the March 2021 bulletin .

Sincerely ,
<Your Name + dependents>

[vsivarama]

thank you!

Re:#1
Lets say If I fufill the safe harbor period of 180 days, give a notice right after that. Is there a possibility that I may be scheduled for GC interview in the notice period before I join the new employer (so no chance of filing 485j)?

You are talking of odd ball scenarios. There is always the rarest of chances of the above situation happening. From what I have read and seen from my friends, usually you get a GC interview notice anywhere between 2-4 weeks in advance. If ever in such a situation, it's best to consult a lawyer.

[bones20]

You are talking of odd ball scenarios. There is always the rarest of chances of the above situation happening. From what I have read and seen from my friends, usually you get a GC interview notice anywhere between 2-4 weeks in advance. If ever in such a situation, it's best to consult a lawyer.

thanks. I guess this one we cross when we get there.

[qesehmk]

Thread is open.

Happy Republic Day to all.

1769

[Turbulent_Dragonfly]

If the consulates remain closed until at least March as planned and possibly longer, shouldn't more FB flow over to EB again in FY2022? One would think that would be a minimum of 60k or so considering we had 120k spillover.

Also the new UK, South African and Brazilian variants are cropping up now in places. The SA and Brazilian variants are especially dangerous so hoping for everyone's good health in the coming months. Don't take it lightly, we have had tremendous number of transmissions in the Indian community who got tired of the restrictions and relaxed their guard.

I am just going to assume in the near term there is not going to be any legislative solution for the backlogs with the narrow majority and split committees, so the spillover is going to be the only factor moving forward for this FY2021 and FY2022.

[19YRSNOGC]

If the consulates remain closed until at least March as planned and possibly longer, shouldn't more FB flow over to EB again in FY2022? One would think that would be a minimum of 60k or so considering we had 120k spillover.

Also the new UK, South African and Brazilian variants are cropping up now in places. The SA and Brazilian variants are especially dangerous so hoping for everyone's good health in the coming months. Don't take it lightly, we have had tremendous number of transmissions in the Indian community who got tired of the restrictions and relaxed their guard.

I am just going to assume in the near term there is not going to be any legislative solution for the backlogs with the narrow majority and split committees, so the spillover is going to be the only factor moving forward for this FY2021 and FY2022.
What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

[Turbulent_Dragonfly]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

Wow, that is one long read! I guess the gist is it all depends on how efficiently they can process GCs in the last quarter? Considering I don't have an EAD/AP after applying in the first week of Oct, I am not very optimistic at this point.

[Moveon]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

Thanks "19YRSNOGC" . This is a great article posted by gcseeker1999 (1461) on trackitt.com (Link to his/her analysis (https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so) ) . I am copying the summary below . What is scary here is that if they do the SO only from July to Sept they will be only issuing a fraction of the SO. The interview requirement will make sure that a majority of the Visas are wasted . All Please reach out to your members of congress to help expedite the process, I have a template pasted in my last post (01-23-2021, 06:24 PM). Without the USCIS moving FAD from next bulletin looks like we might not go beyond early-mid 2010 this fiscal . The trakitt thread (https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so) by "gcseeker1999 (1461)" has played out 4 scenarios that are worth reading . Its about 7-8 mins read .

Summary:
"By law allocation of Family Based(FB) SpillOver(SO) GC gets added to entire Employment Based(EB) and proportionately divided across each category with 28.6 Percentage of total to EB1/2/3 and 7.1 for EB4/5. Further then the spilt of ROW/I/C/P/M/V depending on each Category. Most of allocations will be towards Rest of World(ROW) in each category and Oversubscribed country get limited to 7 PCT. Later on if there is unused/leftover in ROW , will be then distributed in last Quarter[July to September 2021] to oversubscribed countries. Hope it make sense. Say EB2, at the end of Quarter what ever EB2-ROW unused GC will go to both India and China and India will gets lions share as being the most retrogressed country. The signs of SpillOver(SO) to Oversubscribed countries if any, will be seen from May/June 2021 onwards."

[AceMan]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

He is registered here, he recommended me Q blog few years back.

[bookworm]

He is registered here, he recommended me Q blog few years back.

Good article. But one thing that needs to be added to the analysis is the USCIS step of getting a Visa Number allocated before issuing the GC. Extract from "THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM"

"At the beginning of each month, the Visa Office (VO) receives a report for each consular post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability, preference, and priority date. No names are reported. U.S. Citizenship and Immigration Services (USCIS) demand for adjustment of status cases awaiting forward movement of the applicable cut-off date are reported to VO as the cases are preadjudicated. During the first week of each month, this documentarily qualified demand is tabulated."

"USCIS requests visa authorization for adjustment of status cases only when all required case processing has been completed."

The last step adds wait time to the process beyond USCIS control. There are many posts on Trackitt of folks who are current but have received a SR response stating that USCIS is waiting for Visa Availability.

[kumareb2]

Boss, it is not a Rocket Science and does not require an experienced attorney. If I were you, I will collect the approved PERM and match the SOC exactly and Title as much as possible. That is 50% or more of the "same or similar" justification. Then look at the job description in your PERM and make sure that you capture two or three points from that. That's it.

I work in a core engineering field. So a "Mechanical Engineer" cannot do an AC21 to a "Electrical Engineer" or "Civil Engineer". However there are Structural engineers in both Civil, Mechanical or Electrical Packaging side. Just match SOC and Job title as much as possible. Imagine you as an adjudicating officer who has no idea of what your IT position is. The AO is going to look for some common language to be comfortable to approve your I485J application. If you pay big bucks and hire an experienced attorney, they can probably justify that all are "Engineers" and eligible for AC21. It all depends on your situation.

That's why I have repeated a few times that everyone needs to have a copy of their PERM for later use in AC21. That helps a lot in AC21. You probably can write an excellent justification yourself and pass it on to your attorney as a start.

Also everyone needs to have the confidence to do an immigration form. Imagine a paralegal who is assisting an attorney. While most are excellent, there are some in the beginning stage and can do a lot of mistakes. It is our applications / forms and we need to make sure that we go through everything. I have asked for corrections in forms prepared even by an experienced attorney. You are paying for their services so your should make sure that the end product is worth it.

couldn't agree more. Having a copy of PERM,140 & 485 would greatly help you in replying to SUPJ, etc., In my case, my company changed our immigration attorney, and it seems like while changing the law firm they didn't transfer the old files to the new law office. I got the RFE last month for medicals & SUPj, and the new law office asked me whether I had a copy of PERM & 485 so that they can start preparing the response otherwise I have to wait till they get my file from the old law office. It has been over a month and a half and we are still waiting for the information :-(

[usvisas]

Spec / Gurus - isn't this recent report from usci s almost like the pending inventory:

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2020_vF.pdf

[Turbulent_Dragonfly]

Spec / Gurus - isn't this recent report from usci s almost like the pending inventory:

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2020_vF.pdf

These are only Consular Processing statistics.

"EMPLOYMENT-BASED PREFERENCES
It is important to note that normally about eighty-five percent of all Employment preference
immigrants are processed as adjustment of status cases at USCIS offices. Cases pending with
USCIS are not counted in the consular waiting list tally which is presented below."

Good to see this reiterated again:
"Immigrant Waiting List
By Country
Immigrant visa issuances during fiscal year 2021 will be limited by the terms of INA 201 to no
more than 226,000 in the family-sponsored preferences and approximately 262,000 in the
employment-based preferences. "

[Palver]

https://www.uscis.gov/sites/default/files/document/reports/EB_I140_I360_I526_performancedata_fy2020_Q3_Q4.pdf

[qesehmk]

https://www.uscis.gov/sites/default/files/document/reports/EB_I140_I360_I526_performancedata_fy2020_Q3_Q4.pdf

Spec perhaps you can help us. You always made me believe USCIS are the bad guys of immigration. What explains this when there are 140K extra visas available this year. Why do we only see allocation as if only regular quota is available?

[usvisas]

Why do we only see allocation as if only regular quota is available?


there's no allocation in those numbers. they are just approved 140's, 360's and 526's by pref category by country of birth.

(note that dependents are not included)

[H1b2006]

Guys Scenario 2 in Qtr 4- July to Sept
25235, Visa numbers will be available for EB2 -Nov/Dec 2010 FAD move
25235, Visa numbers will be available for EB3- Whole of 2011 will be cleared

How many of EB2 guys moved into EB3 queue with downporting
is the question how much eb3 FAD will move with all the downportings.

any rough idea guys

[AceMan]

Guys Scenario 2 in Qtr 4- July to Sept
25235, Visa numbers will be available for EB2 -Nov/Dec 2010 FAD move
25235, Visa numbers will be available for EB3- Whole of 2011 will be cleared

How many of EB2 guys moved into EB3 queue with downporting
is the question how much eb3 FAD will move with all the downportings.

any rough idea guys

You can discount the people who already have an EAD from 2012 with May 2010 from down porting. The chances of them still in H1B or with the same employer to initiate a EB2-3 downgrade is very rare.

However the people who applied for EAD after October 2018 might be still on H1 or with the original employer can be substantial and they can and will down grade. That is the reason EB3 has reached only April 1st 2010 for Feb bulletin. People after April 2010 got a chance to file for EAD only in October 2020 and many of them are still waiting for their receipts even today.

Any movement for this category is expected to happen only in the last quarter of 2021.

May 2010 - May 2011 filers in EB2 are the people who is on fence. If the spill over from EB1 happens, it will push the dates beyond Eb3 for a while.

[qesehmk]

there's no allocation in those numbers. they are just approved 140's, 360's and 526's by pref category by country of birth.

(note that dependents are not included)
I know that. My question was why do we see such levels of approved waiting for Visa when 140K extra visas are available.

[H1b2006]

Thanks Aceman, your PD and mine is almost days apart. iam 13 days ahead than you.

PD: EB2-I, 11 FEB 2011 i coudnt apply for 485 as i changed employer,

new employer applied for PWD, expecting PWD to be issued in Feb, onto Perm in EB3 by new employer in April, By Oct 2021 i should be ready to apply for I140 IF conditions favour if FAD is current by Nov/dec time periods for EB3, i can apply it and wait for GC.

FB to EB starts kicking in from Oct 2021.there should be some 75k-100k Spillover in 2022FY aswell.

[cool_dude]

I am debating whether to apply for i140 premium processing.
Filed a concurrent 485 with eb3 downgrade.
My Priority date is may 25 2011

[AceMan]

Thanks Aceman, your PD and mine is almost days apart. iam 13 days ahead than you.

PD: EB2-I, 11 FEB 2011 i coudnt apply for 485 as i changed employer,

new employer applied for PWD, expecting PWD to be issued in Feb, onto Perm in EB3 by new employer in April, By Oct 2021 i should be ready to apply for I140 IF conditions favour if FAD is current by Nov/dec time periods for EB3, i can apply it and wait for GC.

FB to EB starts kicking in from Oct 2021.there should be some 75k-100k Spillover in 2022FY aswell.

Good luck dear. Let?s hope this is our year. This would be the most favorable time because every other category except for China is current and with the consulates not processing visa, people are not expected to come in quickly.

I agree we might get similar numbers for 2022 as well, but with covid vaccination and open consulates the demand can go up. Also factor in lot of H1?s from 2020 and entire 2021 H1?s along with 2022 H1?s are going to be available by October 2021. This years H1 lottery might be an interesting watch in my opinion.

[texas_]

You can discount the people who already have an EAD from 2012 with May 2010 from down porting. The chances of them still in H1B or with the same employer to initiate a EB2-3 downgrade is very rare.

However the people who applied for EAD after October 2018 might be still on H1 or with the original employer can be substantial and they can and will down grade. That is the reason EB3 has reached only April 1st 2010 for Feb bulletin. People after April 2010 got a chance to file for EAD only in October 2020 and many of them are still waiting for their receipts even today.

Any movement for this category is expected to happen only in the last quarter of 2021.

May 2010 - May 2011 filers in EB2 are the people who is on fence. If the spill over from EB1 happens, it will push the dates beyond Eb3 for a while.

If spillover applies (god knows) then USCIS/DHS would try to bring eb2/eb3 closer to each other
Guessing eb3 dec2010 and eb2 oct 2010 for India

[H1b2006]

I just looked up Approved I140 numbers for EB2/EB3 India for 2010/2011/2012

In 2010
EB2 Approved I140 Petitions-15,308(On a ballpark number lets say 6000 EB2 approved numbers from Jan 2010-May 2010 who will not port from EB2 to EB3). There is chance of 9300 EB2 applicants ported to EB3.
EB3 Approved I140 Petitions-6,677 (

In 2011
EB2 Approved I140 Petitions-22,286
EB3 Approved I140 Petitions-6930

In 2012
EB2 Approved I140 Petitions-22,308
EB3 Approved I140 Petitions-4108

[H1b2006]

I would expect untill May 2011 EB2 downporting will be less, since they are able to Apply 485 AOS in Oct-Dec 2020 periods in EB2 itself.
it costed 10000$ per family to downport from EB2 to EB3 i thiink only 25% of folks might have spent 10K USD and applied in EB3 in those 3 months.

[Palver]

Yeah, I'd agree. Most of the downgrades will be after May 2011. But for one data point, my PD is Sep-2012 and I couldn't/didn't downgrade. If I were to guess I'd say maybe 50% downgraded after May-2011 with the proportion increasing with the year of PD

[usvisas]

If I were to guess I'd say maybe 50% downgraded after May-2011 with the proportion increasing with the year of PD

I think so too