EB2-3 Predictions (Rather Calculations)

[H1b2006]

Here are the Approved I-140 numbers for EB2/EB3 India for 2010/2011/2012/2013/2014/2015/2016

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

In 2013
EB2 Approved I140 Petitions-21,444
EB3 Approved I140 Petitions-3,457

In 2014
EB2 Approved I140 Petitions-25,635
EB3 Approved I140 Petitions-3,879

In 2015
EB2 Approved I140 Petitions-32,699
EB3 Approved I140 Petitions-6,453

2016
EB2 Approved I140 Petitions-49,035
EB3 Approved I140 Petitions-10,177

[usvisas]

These are only Consular Processing statistics. "

Terrible oversight on my part (as I expected). A 127% increase in EB3 CP - wow. That doesn't bode well for EB3 when consulates open, I would think.

EB3I - 36,524!!

[texas_]

Terrible oversight on my part (as I expected). A 127% increase in EB3 CP - wow. That doesn't bode well for EB3 when consulates open, I would think.

EB3I - 36,524!!

Agree but as of today US consulates are working very slowly plus the travel ban thru March 2021. That might impact new PERM filings. So my assumption there would be good spill over as well to EB next FY. However from FY 2023 there will be significant set back to all employment categories as consulates starting to function normal business and would take significant chunk of yearly allotted EB visas and backlog would linger for a lifetime

I may be wrong on my assumptions

[longwaitgigu]

Wow
If we assume in 2010- eb2 to b3 downgrade r 9300 then adding to 6677 pending eb3. That should be around 15977 primary applicant and around 31000
Including dependent. That also means If consulate open all over world with full fledge( which might not happen till June or July)then very limited lateral spillover will happen.

[H1b2006]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

[AceMan]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

I think looking Q1 2022 beyond a potential spill of 100K+ from FB is too early now. Any kind of valid predictions can be done only after July 2021 bulletin.

Regarding filing date accepted for FY 2022. For it to happen if Eb2 final dates has to go past 2010 and Eb3 has to pass 2014. Big ask.

[Turbulent_Dragonfly]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

If they follow the law as written, they will use all the spillover. I know I am skeptical too because of the massive amount of numbers available to use, but let's give the new admin a chance before we start throwing bricks at them. We can either be hopeful and optimistic or miserable moving forward. I admit I also get into these dark phases periodically where I think it's all going to get wasted and honestly I am not thinking this just from my perspective; I am in a lot better shape with May 2010 PD than other in 2012, 2013 etc who are looking at extraordinarily long wait times compared to those of us in 2010 so that's whom I have concern for. So hope for the best and prepare for the worst.

[usvisas]

If they follow the law as written, they will use all the spillover..

I agree. the last bulletin forecasted movement until May. I'd be patient until then. By then, I am expecting the new admin to get settled in with clear directions provided to dhs, uscis, etc..too

[Zenzone]

I think looking Q1 2022 beyond a potential spill of 100K+ from FB is too early now. Any kind of valid predictions can be done only after July 2021 bulletin.

Regarding filing date accepted for FY 2022. For it to happen if Eb2 final dates has to go past 2010 and Eb3 has to pass 2014. Big ask.

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

[Zenzone]

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

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

Here is my timeline (so far...) -

RD - 10/22 - EB2
Biometrics - 1/8
I-765/I-131 case approval - 1/14
EAD/AP Card received - 1/22
National Benefits Center

[Palver]

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

I have the same view about EB-2 but for EB-3 I think it is not possible that it advances so far out compared to EB-2. If it does, aren't they going to get 1000s of concurrent filings from EB-2 folks who haven't already downgraded? Maybe it will happen for 1 month and retrogress severely?

[idliman]

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

Here is my timeline (so far...) -

RD - 10/22 - EB2
Biometrics - 1/8
I-765/I-131 case approval - 1/14
EAD/AP Card received - 1/22
National Benefits Center
Congrats on your EAD/AP approval. Welcome to the Trishanku status. Make sure that you browse through our EAD/AP thread to setup reminders for timely renewal in 6 months time (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155).

[ak7419]

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

Here is my timeline (so far...) -

RD - 10/22 - EB2
Biometrics - 1/8
I-765/I-131 case approval - 1/14
EAD/AP Card received - 1/22
National Benefits Center

One thing I am unabe to understand is why are we seeing combo card approvals with one year validity instead of two year? Is not that being non-productive since most of these candidates may not receive their green cards by the time their combo card expires?

[idliman]

One thing I am unabe to understand is why are we seeing combo card approvals with one year validity instead of two year? Is not that being non-productive since most of these candidates may not receive their green cards by the time their combo card expires?
This is USCIS standard practice. Even 2012 EAD filers also got only 1 year EAD/AP, the first time.

Consider it like this. The reason why you are doing "DF" based AOS application is the expectation/prediction from USCIS that your PD will become "FA" current in one year time. So using that logic they approve only 1 year EAD/AP for the first time. For renewals, you can request a 2 year validity if your "FA" is not current.

[ak7419]

This is USCIS standard practice. Even 2012 EAD filers also got only 1 year EAD/AP, the first time.

That is not entirely correct. I am a 2012 filer and all my combo cards were for two years except the most recent one which was approved last month.

[idliman]

That is not entirely correct. I am a 2012 filer and all my combo cards were for two years except the most recent one which was approved last month.
My comment was for the very first EAD/AP that is sent together with I485 package. Was your very first EAD issued for 1 year or 2 years? If it was for 2 years consider yourself very lucky.

[AceMan]

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

For a category which has been moving few days every month for more than 2 years, it is a big ask to pass 2009, let alone 2010. 4 days is what it moved for February 2021. If you count from October 2020 for 5 months it moved 48 days.

It is a huge ask.

[H1b2006]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

[AceMan]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

Let the eggs hatch my dear. We can talk about chicken Biriyani?s later. Lot of people from 2010 got RFE in 2018 and we had planned a buffet with lot of chicken dishes. Little did we know USCIS chickened us out.

So when the dates actually move, then we can start cooking.

[inspired_p]

Let the eggs hatch my dear. We can talk about chicken Biriyani?s later. Lot of people from 2010 got RFE in 2018 and we had planned a buffet with lot of chicken dishes. Little did we know USCIS chickened us out.

So when the dates actually move, then we can start cooking.

Ha ha ! Can;t stop ROFL ! We are too gullible lot .. these small indicators/ hopes keeps us sane... don't take this away from us ! Lets enjoy till the next visa bulletine crushes our soul again.

[Chilli19]

Has anyone got the rescheduled biometrics notice for the office closed dates of Jan 19th and 20th? Mine was initially scheduled for 19th but the office was closed. Called USCIS and they told to wait for 2 weeks to receive a rescheduled notice.

[inspired_p]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

Now only if someone with EB3 -I Nov 2010 also receives an RFE you would be onto some trend . I will let you know as soon as I get an RFE

[mcmilers]

Also, all these RFEs are really random. My PD is Feb 2010 and received RFE for 485J/medicals in 2018. But haven't heard anything from USCIS this time around. Yet.

[AceMan]

Now only if someone with EB3 -I Nov 2010 also receives an RFE you would be onto some trend . I will let you know as soon as I get an RFE

I think I will take a Hariyali Kabab :-)

If the person from March 2010 got an RFE, the response should be the copy of the February visa bulletin where they have indicated forward movement of about a week.

[H1b2006]

well. 4-5 months will pass by in a jiffy by June 2021 we should be knowing if eggs are hatching are not..hope so they will hatch. 120 K spillover is once in a lifetime never happened before and might not happen before aswell from FB to EB. if this 120k doesnt help us, then we need divine intervention to change GC country cap limits removal.

Just Keep praying!! Just like Gabba fortress is breached, we can Breach our Immgration backlogs!!

[ak7419]

well. 4-5 months will pass by in a jiffy by June 2021 we should be knowing if eggs are hatching are not..hope so they will hatch. 120 K spillover is once in a lifetime never happened before and might not happen before aswell from FB to EB. if this 120k doesnt help us, then we need divine intervention to change GC country cap limits removal.

Just Keep praying!! Just like Gabba fortress is breached, we can Breach our Immgration backlogs!!Been current since November 2020 with Sep 2009 PD. No RFE so far and last RFE was back in 2016.

[suninphx]

Been current since November 2020 with Sep 2009 PD. No RFE so far and last RFE was back in 2016.

That's strange given your file is at NSC. That center is quite proactive.
What steps have you taken to address this? Raised SR? Involved Congressman office? Anything else?
I am asking because many people will be in same situation sooner or later.

[H1b2006]

2009 are out of equation they are bound to get GC sooner or later!! we are only talking abt 2010 eb2 eb3
you are guaranteed to receive GC with 120K spillover

[ak7419]

That's strange given your file is at NSC. That center is quite proactive.
What steps have you taken to address this? Raised SR? Involved Congressman office? Anything else?
I am asking because many people will be in same situation sooner or later. Raised an SR and got standard response that they are reviewing the case and should hear from them in 90 days. In the meanwhile, I had to renew my combo card and got its approval last month.

[H1b2006]

good job ak7419 soon ur gc will be at in your inbox

[suninphx]

Raised an SR and got standard response that they are reviewing the case and should hear from them in 90 days. In the meanwhile, I had to renew my combo card and got its approval last month.

Okay.. I have heard (no first hand experience) that contacting local representative offices sometime helps. May be worth exploring that option.
Are you being represented by a company attorney? Do they have follow up methods at their disposal?

All the very best!

[longwaitgigu]

Discussing RFE
I read in trackitt back in December, apperson with march 2013 eb3 got rfe for medicals
He already received ead and ap, applied on oct 2020 and PD 2010 is still waiting for receipt
Lol

[inspired_p]

Discussing RFE
I read in trackitt back in December, apperson with march 2013 eb3 got rfe for medicals
He already received ead and ap, applied on oct 2020 and PD 2010 is still waiting for receipt
Lol

Unfortunately they do not process the applications according to PDs .. they process FIFO ( read random in the lot received in the month)

[rocketfast]

I did not see anyone post I-485 data for 4th quarter.
https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2020_qtr4.pdf

Looks like USCIS approved a total of 121,890 applications last year. Looks like Consular processing was around 15,283. So total approval = 137173. Wasting a total of 18,800 GCs as the total allocation for last year was 156,000.(Am I reading this right?)

Past reports:
Q1: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2020_qtr1.pdf
Q2: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2020_qtr2.pdf
Q3: https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2020_qtr3.pdf

[Zenzone]

Congrats on your EAD/AP approval. Welcome to the Trishanku status. Make sure that you browse through our EAD/AP thread to setup reminders for timely renewal in 6 months time (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155).

Thanks man. I will definitely set-up those reminders. But for now, we also plan to renew our H1Bs....More revenue of attorneys and USCIS (the outcome everyone else wants) ;)

[Zenzone]

For a category which has been moving few days every month for more than 2 years, it is a big ask to pass 2009, let alone 2010. 4 days is what it moved for February 2021. If you count from October 2020 for 5 months it moved 48 days.

It is a huge ask.

That's because its clear now that FB SO will be applied only in the last quarter or from May (at best). So why is it a huge ask to say EB2 will clear 2010. Visa numbers are there. If not, why would they even allow us to file? I understand the nervousness behind USCIS ability (given its shaky record) to be efficient and use atleast most of those SO visas in Q4. But to write them off completely, is a big mistake too. Let's take the middle ground, even if the PD moves to Sep-2010 and not Dec-2010, what's there to lose and feel its all gloom and doom. A year ago we were saying 2010 will take 7 years to clear and even to file?? My 2 cents here is no prediction no matter how outrageously optimistic or pathetically pessimistic can be correct entirely because USCIS has never been transparent. Truth is always somewhere in the middle but I'm more hopeful now because this admin. is sure to crack the whip on bringing back agency efficiencies. So even if 65% of SO is used actually, we are talking about significant movement in Q4 and that's based on data.

[Turbulent_Dragonfly]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

<Meerkat standing up from the cubicle>

Someone in May 2010 got an RFE?!

As others said, USCIS ki leela is only known to USCIS and there is usually no rhyme or reason, so hoping things move forward in the next few months.

[vsivarama]

As others said, USCIS ki leela is only known to USCIS and there is usually no rhyme or reason, so hoping things move forward in the next few months.

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

[Turbulent_Dragonfly]

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

HA ha ha ha!!

It always comes down to Accountability, right? If you or me tell someone in the office that yup I will get that done by the end of the week and continue to not do it for three weeks, we will probably get fired. USCIS/DoS can say "Rapid forward movement until January" and move the dates 2 weeks and there is no one to challenge that and hold their feet to their fire.

[newyorker123]

For people who have changed jobs recently, and need to restart their PERM process, does anyone envision any improvement in performance of PERM processing ?
Looks like they are taking 7-8+ months, and overall including prevailing wage etc it might take a year or more.
I sincerely hope this route gets faster with Biden admin.
Thoughts ?

[smuggymba]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

I'm March 30th 2010 and I haven't gotten any RFE. On EAD since 2012.

[AceMan]

That's because its clear now that FB SO will be applied only in the last quarter or from May (at best). So why is it a huge ask to say EB2 will clear 2010. Visa numbers are there. If not, why would they even allow us to file? I understand the nervousness behind USCIS ability (given its shaky record) to be efficient and use atleast most of those SO visas in Q4. But to write them off completely, is a big mistake too. Let's take the middle ground, even if the PD moves to Sep-2010 and not Dec-2010, what's there to lose and feel its all gloom and doom. A year ago we were saying 2010 will take 7 years to clear and even to file?? My 2 cents here is no prediction no matter how outrageously optimistic or pathetically pessimistic can be correct entirely because USCIS has never been transparent. Truth is always somewhere in the middle but I'm more hopeful now because this admin. is sure to crack the whip on bringing back agency efficiencies. So even if 65% of SO is used actually, we are talking about significant movement in Q4 and that's based on data.

Let us forget the spillover. india is expected to get minimum 2803 visas for Eb2 in 2021. Did they even attempt to issue that so far? Covid stains are attacking the country from different places. Even then morons are sending medical RFE’s

[rabp77]

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

They have been providing potential movement projections every quarter. And the movement has been pretty consistent with their projections. Assuming the last projection was till end of this quarter, the earliest we can expect dates to start moving is in the april bulletin. The april bulletin and the projections provided in april is the next thing to watch for.

[rabp77]

Let us forget the spillover. india is expected to get minimum 2803 visas for Eb2 in 2021. Did they even attempt to issue that so far? Covid stains are attacking the country from different places. Even then morons are sending medical RFE’s

if you see the last visa inventory release (which is quite old now), the inventory was around 1-2 thousand per month on an average for EB2 india in 2009. Assuming this approximately holds true even today, around 5K visa available for EB2 india without horizontal spiillover will produce around 3-4 months movement in EB2I. This is exactly what we saw in terms of movement since september of last year.

So data clearly points to the fact that movement so far is purely based on spill over from FB that has been spread across all countries, and no horizontal spillover has been applied so far for EB2 and EB3. But going by past ROW applications for EB2 and EB3, we should see a substantial horizontal spillover being applied in Q3 or Q4 of the FY (april-September 2021). So its reasonable to expect pace of movement to pick up significantly in the 3rd or 4th quarter.

[rocketfast]

Based purely on Trackitt data (and comparing it to last quarter of 2020's trackitt data and eventual real approvals), USCIS has approved a total of 30,000 I-485 applications in the last 4 months.

[suninphx]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

[Turbulent_Dragonfly]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

Don't believe this concerns people seeking EAD as part of an I-485 for EB. This could be addressing people seeking asylum (https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-5).

[suninphx]

Don't believe this concerns people seeking EAD as part of an I-485 for EB. This could be addressing people seeking asylum (https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-5).

Ok thanks for the link.

Saw this on trackitt and document mentions c(9) category - so was wondering

[vsivarama]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

I just checked my i485 form. INA-245 is not checked. So I think it is safe to say that this does not apply to us.

[vsivarama]

Saw this on trackitt and document mentions c(9) category - so was wondering

The article shared states "on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245)". so clearly it is not across the board c(9).

[Turbulent_Dragonfly]

Saw another user on trackitt with PD 4/10/2010 getting an RFE in the March 2010 RFE thread. Hopeful that they are ready to start clearing backlog until at least May 1, 2010 where it reached 9 years back.

[AceMan]

Saw another user on trackitt with PD 4/10/2010 getting an RFE in the March 2010 RFE thread. Hopeful that they are ready to start clearing backlog until at least May 1, 2010 where it reached 9 years back.

Till May 2010 the pending inventory from October 2009 should be around 7000. 9 years out, we are yet to reach that point.

[phkb2020]

if you see the last visa inventory release (which is quite old now), the inventory was around 1-2 thousand per month on an average for EB2 india in 2009. Assuming this approximately holds true even today, around 5K visa available for EB2 india without horizontal spiillover will produce around 3-4 months movement in EB2I. This is exactly what we saw in terms of movement since september of last year.

So data clearly points to the fact that movement so far is purely based on spill over from FB that has been spread across all countries, and no horizontal spillover has been applied so far for EB2 and EB3. But going by past ROW applications for EB2 and EB3, we should see a substantial horizontal spillover being applied in Q3 or Q4 of the FY (april-September 2021). So its reasonable to expect pace of movement to pick up significantly in the 3rd or 4th quarter.

Is there consensus within the forum that Horizontal spillover for EB2/EB3 is not being applied due to Trump EO? Because surely they are applying horizontal spillover for EB1 that has facilitated EB1I dates to move multiple years and on track to be current in next few months?

On a side note - 2012 AOS filer here as well with Feb 2010 priority date. Not a single RFE so far in last 9 years !
I did get an RFE for EAD renewal this year (they didn't like the pics we submitted). Somehow, that resulted in a 1 year EAD versus 2 year, which means I have to apply for renewal again next month.

[H1b2006]

USCIS started transferring pending 485 applications to local offices to adjudicate in timely fashion -- update by Immigration lawyer Robert weber in Linkedin
Good to hear. Link : https://www.linkedin.com/in/bobwebber

[rabp77]

Is there consensus within the forum that Horizontal spillover for EB2/EB3 is not being applied due to Trump EO? Because surely they are applying horizontal spillover for EB1 that has facilitated EB1I dates to move multiple years and on track to be current in next few months?

On a side note - 2012 AOS filer here as well with Feb 2010 priority date. Not a single RFE so far in last 9 years !
I did get an RFE for EAD renewal this year (they didn't like the pics we submitted). Somehow, that resulted in a 1 year EAD versus 2 year, which means I have to apply for renewal again next month.

so far i have not seen any data so far on pending EB1I applications for 2019. Given the lack of data, i am not in a position to conclusively say if the horizontal spillover has been applied or not for EB1I. If someone has i-140 data for EB1 for 2019, the that would likely give us a clue to comment on this.

[vsivarama]

so far i have not seen any data so far on pending EB1I applications for 2019. Given the lack of data, i am not in a position to conclusively say if the horizontal spillover has been applied or not for EB1I. If someone has i-140 data for EB1 for 2019, the that would likely give us a clue to comment on this.

I am not that sure, that horizontal spillover has been applied to EB1. The reason for aggressive movement in EB1 could be because they do not have many cases with approved I-140s with a pending 485 application where they can apply the available visa number. Anyone in EB1-I with priority dates past 09/30/18 was only allowed to file for 485 for the first time in Oct 2020 bulletin. The I140s for the EB1 petitions tend to take closer to a year if not more to adjudicate. Plus there is no premium processing available for expediting I140 processing for EB1C applications. My bet is they DO NOT have approved cases to use up the numbers in EB1 and so they are running up the dates to find any applications (EB1A/EB1B where premium processing is allowed). Gurus what do you think about the scenario I laid out? If this is true it could lead to a huge vertical spillover to EB2. But again, they need to be used and not wasted by USCIS, so that's that.

[phkb2020]

I am not that sure, that horizontal spillover has been applied to EB1. The reason for aggressive movement in EB1 could be because they do not have many cases with approved I-140s with a pending 485 application where they can apply the available visa number. Anyone in EB1-I with priority dates past 09/30/18 was only allowed to file for 485 for the first time in Oct 2020 bulletin. The I140s for the EB1 petitions tend to take closer to a year if not more to adjudicate. Plus there is no premium processing available for expediting I140 processing for EB1C applications. My bet is they DO NOT have approved cases to use up the numbers in EB1 and so they are running up the dates to find any applications (EB1A/EB1B where premium processing is allowed). Gurus what do you think about the scenario I laid out? If this is true it could lead to a huge vertical spillover to EB2. But again, they need to be used and not wasted by USCIS, so that's that.

Good point about lack of EB1 applications.

I am thinking the same, if horizontal spillover is not being applied to EB1 then EB2I should be in line for massive vertical and horizonal spillover in Q4. This means potential for even more wastage as UCSIS will have to pretty much process the entire 2020 FB spillover and 1/4th of EB quota in Q4.

This also begs the question - why did EB2I filing date move only one year compared multi year jump in EB3I - when EB2I would be the beneficiaries of any vertical spillover that may happen.

[usvisas]

USCIS started transferring pending 485 applications to local offices to adjudicate in timely fashion -- update by Immigration lawyer Robert weber in Linkedin
Good to hear. Link : https://www.linkedin.com/in/bobwebber

can't find any such content in his profile

[H1b2006]

can't find any such content in his profile
Check his recent activity, last 1 week.

[H1b2006]

If this is right untill oct 2021, there is no demand and as applications are getting approved eb1 I will retrogress in q1 2022

[08jul11]

My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?

[vsivarama]

My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?

No, EAD and AP are related to AOS (i-485) application. I-140 has no direct bearing on them. If however i-140 is denied for some reason, then i-485 is rejected as a result and thus voiding EAD and AP. So in short they can approve EAD and AP when i140 is still pending.

[08jul11]

No, EAD and AP are related to AOS (i-485) application. I-140 has no direct bearing on them. If however i-140 is denied for some reason, then i-485 is rejected as a result and thus voiding EAD and AP. So in short they can approve EAD and AP when i140 is still pending.

Thank you vsivarama.

[08jul11]

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

Hello.... have you got any further updates on your EAD/AP?

[bangaloreboy]

Hello.... have you got any further updates on your EAD/AP?

No, it has remained on "Fingerprint Fee Was Received" status since the day notice was generated

[AceMan]

No, it has remained on "Fingerprint Fee Was Received" status since the day notice was generated

I am in the same status since December 1st week.

[H1b2006]

Guys any idea how much % of 2010 EB2/EB3 are in fallout scenario either they moved backt to India for Good or to other countries, lost hopes and left or upgraded to EB1 and no longer in EB2/EB3.

out of 22K, I-140 Approvals for both EB2/EB3 can we say 15%

[Moveon]

With delays in confirming DHS secretary I am not sure if there will be any good movement in the March Bulletin . (https://www.cnn.com/2021/02/01/politics/homeland-security-mayorkas-confirmation-leadership/index.html)
Looks like its without direction and they may just continue with the Trump Admin policy to just stall. Unless the incoming secretary decides to start applying the SO immediately, there is no way they can issue 120K extra GCs in the last quarter . The only way out is to suspend GC interviews for EB categories. Even with that it is 40K extra GCs a month ! Has that ever been done in the past ?

[Zenzone]

With delays in confirming DHS secretary I am not sure if there will be any good movement in the March Bulletin . (https://www.cnn.com/2021/02/01/politics/homeland-security-mayorkas-confirmation-leadership/index.html)
Looks like its without direction and they may just continue with the Trump Admin policy to just stall. Unless the incoming secretary decides to start applying the SO immediately, there is no way they can issue 120K extra GCs in the last quarter . The only way out is to suspend GC interviews for EB categories. Even with that it is 40K extra GCs a month ! Has that ever been done in the past ?

Your article also says that there is a confirmation vote scheduled for tomorrow and the postponement is due to the winter storm. So what's the real issue here? Am I missing anything?

[Moveon]

Your article also says that there is a confirmation vote scheduled for tomorrow and the postponement is due to the winter storm. So what's the real issue here? Am I missing anything?

The confirmation should have happened a week ago but then the republicans opposed it due to the border wall issue (Dems will not fund it). It will take time for him to get to employment visa issues as right now the focus of the admin is to get the "undocumented" folks Green cards. I am really doubtful if he will ever get to EB cases for this bulletin.
While I have my PD in December and stand a very good chance of getting the GC this fiscal , I would want every GC to be issued as those in 2010-11 deserve to get one this fiscal . Its criminal to waste GCs . From what I read 18800 GCs went waste last year .

[AceMan]

The confirmation should have happened a week ago but then the republicans opposed it due to the border wall issue (Dems will not fund it). It will take time for him to get to employment visa issues as right now the focus of the admin is to get the "undocumented" folks Green cards. I am really doubtful if he will ever get to EB cases for this bulletin.
While I have my PD in December and stand a very good chance of getting the GC this fiscal , I would want every GC to be issued as those in 2010-11 deserve to get one this fiscal . Its criminal to waste GCs . From what I read 18800 GCs went waste last year .

The outlook was USCIS would be short by 25000, looks like they could issue about 138,000 visa's. Considering the pandemic related office closures, it was a decent enough effort.

Now the Secretary is not going to personally cross the t's and dot the i's of individual application forms. Whoever comes in will do the job he has to do.

We have enough people among ourselves who continuously apply for Premium 140's when the law states they cannot do premium without the original perm. It is a back door option being used up. With finite resources some body else will be impacted with these actions. Couple of years back there was a rule making in progress to stop concurrent filing, but it is not going to happen anymore.

Yes, I recall the discussions back in 2010's when EB3 was referred as unskilled visa's by the EB2 experts. So love to remind every single Eb2 person who has downgraded that they really should have been in Eb3 to start with. Nothing malicious but just light hearted taunting like one prisoner to another one.

[Palver]

Does anyone have stats on what % of cases get called for an interview for EB cases? Has it been close to 100% since the change in process starting 2017?

[rabp77]

Does anyone have stats on what % of cases get called for an interview for EB cases? Has it been close to 100% since the change in process starting 2017?

Yes. This had been close to 100% from 2017 till Covid hit. After which we have been seeing some cases where interview was wavered.

[rabp77]

regarding horizontal spillover. it looks like USCIS has been evenly distributing the unused visas from ROW equally to all backlogged countries (rather that putting everything to most backlogged). This will likely not help EBI, but still we should see a substancial horizontal spillover sometime this FY.

[Moveon]

Yes. This had been close to 100% from 2017 till Covid hit. After which we have been seeing some cases where interview was wavered.

Rabp77 , I understand that interview is waived for those who applied for AOS before 2017? So most EB-I cases would be exempt if that is the case right

[AceMan]

regarding horizontal spillover. it looks like USCIS has been evenly distributing the unused visas from ROW equally to all backlogged countries (rather that putting everything to most backlogged). This will likely not help EBI, but still we should see a substancial horizontal spillover sometime this FY.

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

[rocketfast]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

They may have given out numbers for EB1, but USCIS definitely has not approved EB1s overwhelmingly based on trackitt data for the last 4 months.

EB2: 101
EB3 = 124
EB1 = 62

(Unless, EB1 guys have enmasse moved away from trackitt to telegram)

https://www.trackitt.com/usa-immigration-trackers/i485-eb

[phkb2020]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

Not doubting you, but could you please point me towards this law? As far as I know, EB1 only gets first dibs on rollups of EB4 and EB5 spillover. The family spillover has been distributed evenly according to respective EB quotas and horizontal spillovers should be applied at the same time across all categories.
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

But, I won't be surprised if what you are predicting happens. It is baffling that EB1I seems to have gotten the benefit of horizontal spillovers being applied in Q1 & Q2 while EB2 and EB3 languish forever and hope and pray for max utilization in Q4.

[kumareb2]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

[phkb2020]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

We applied in May, approved in August after RFE for pics, got only one year approval. Friend and his spouse applied in Sept, approved in Nov end, one got one year EAD and another 2 year !

Usually, USCIS gave out 1 year renewals if they expected your dates to become current soon or were current when you applied. This year it seems to be all over the place.

[H1b2006]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

Once EB3I moves 1 yr or so FAD might again get 6months push when 2022 fy so is applied.. by all mesns by fy 2022 eb3 will clear entire 2011. Eb2 will clear 2011 june.

[idliman]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?
Our RD was 15APR2020 and got approved around end of Aug 2020 (4.5 months). Myself and spouse both got 2 year approval. I had always asked for a 2 year approval in the cover letter and used "C09P". Don't know how how much it helps to bring to the attention of the AO that you are requesting a 2 year validity. But has not failed us yet.

[bluelabel]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

I did renew in Aug 2020 and got it for 2 years. It's possible your PD could get current in next few months as i am seeing so many RFEs reported in Trackitt on I-485 for 2010 PDs. I too received a text yesterday for RFE on I-485 with 03/02/2010 PD.

[AceMan]

Not doubting you, but could you please point me towards this law? As far as I know, EB1 only gets first dibs on rollups of EB4 and EB5 spillover. The family spillover has been distributed evenly according to respective EB quotas and horizontal spillovers should be applied at the same time across all categories.
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

But, I won't be surprised if what you are predicting happens. It is baffling that EB1I seems to have gotten the benefit of horizontal spillovers being applied in Q1 & Q2 while EB2 and EB3 languish forever and hope and pray for max utilization in Q4.

The rule is same for all categories. 7% allocation max for a country. However for Eb1 Row, it was current early in 2020 followed by closure due to pandemic resulting in windfall for Eb1 India. Eb2 and 3 had residual demands from ROW which is not letting for expanded allocation for India in both these categories while Eb1 India got exempted due to lack of demand from ROW there.

These are just logical deductions based on past actions and rule interpretation of how the spillover has to be applied. So it is a logical hope that Eb1 india gets current by 3rd quarter, and Eb2 I starts getting the numbers that can push it forward in 2021.

[kumareb2]

I did renew in Aug 2020 and got it for 2 years. It's possible your PD could get current in next few months as i am seeing so many RFEs reported in Trackitt on I-485 for 2010 PDs. I too received a text yesterday for RFE on I-485 with 03/02/2010 PD.

I got the RFE for medicals, SUPJ & Bio info, and my priority date is Dec 16, 2009

[19YRSNOGC]

I got the RFE for medicals, SUPJ & Bio info, and my priority date is Dec 16, 2009
I am hoping we all become current next month.I submitted my I485 /I485J first time in october 2020.
My PD is dec 24th 2009.My Dependent got RFE on jan29th not sure what it is, we just submitted medicals in last 4 months.

[smac1982]

I am hoping we all become current next month.I submitted my I485 /I485J first time in october 2020.
My PD is dec 24th 2009.My Dependent got RFE on jan29th not sure what it is, we just submitted medicals in last 4 months.

Hello Friends, I need your suggestion on my situation. I am on EAD, EB2 - Feb 2010 priority date. I recently got an RFE for SupJ and Medicals. My SUPJ was submitted in 2018 when I changed employers which was approved in 2019. Due to COVID restrictions, I opted for remote work which probably triggered SUPJ RFE. In this case, should I submit a new SUPJ or provide an explanation that no changes happened with my employment conditions or work locations (as my home and work are in the same geographic area, same county, etc). I would prefer to be safe and submit a new SUPJ but just wanted to check if anyone is or was in the same boat. My attorney is looking into it as well... Appreciate your help.

[bones20]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

[incredible]

Hello Friends, I need your suggestion on my situation. I am on EAD, EB2 - Feb 2010 priority date. I recently got an RFE for SupJ and Medicals. My SUPJ was submitted in 2018 when I changed employers which was approved in 2019. Due to COVID restrictions, I opted for remote work which probably triggered SUPJ RFE. In this case, should I submit a new SUPJ or provide an explanation that no changes happened with my employment conditions or work locations (as my home and work are in the same geographic area, same county, etc). I would prefer to be safe and submit a new SUPJ but just wanted to check if anyone is or was in the same boat. My attorney is looking into it as well... Appreciate your help.

New ask for Supplement J may have nothing to do with your work from home option. Now a days whole world is doing remote work anyway. It is just a confirmation that USCIS requires in preparation of advancing the dates to make sure you still are employed bonafide as is mentioned by your job description. Go ahead and submit new supplement J and not worry about anything else.

[incredible]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

If it is not really urgent, I would wait for receiving approved EAD before switching the job.

[Turbulent_Dragonfly]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

You need some work authorization before you can start working with the new employer. How will you join the new employer without having an EAD or a H1 transfer? Filing a I-485 only puts you in a pending status so that you don't accrue unlawful presence, but you still need either EAD or a H1 I-94 to work for another employer.

[bones20]

You need some work authorization before you can start working with the new employer. How will you join the new employer without having an EAD or a H1 transfer? Filing a I-485 only puts you in a pending status so that you don't accrue unlawful presence, but you still need either EAD or a H1 I-94 to work for another employer.

join with h1b

[vsivarama]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

[bones20]

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

thank you!

[idliman]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!
First make sure that you save copies of your PERM, I-485 receipt notice (i.e., Willy Wonka Golden Ticket) and I-140 (optional). Also get the copies your I-765/I-131 for later use. The PERM (SOC code and job description) will be of great help when you do AC21.

Count 180 days from received date and then initiate your H1B transfer. While getting the job offer / negotiations tell your future employer that they also need to do a AC21 / Supp J while doing the H1B transfer. My guess is you will get your EAD/AP within the 180 day period. Even if you transfer, EAD/AP is provided on the basis of a Pending I485. As long as I485 is pending you will get your EAD/AP. But if they are doing H1 transfer then no harm in staying with H1 status.


Initial EAD/AP typically has a validity period of only 1 year. You can renew it 180 days in advance. Assuming that you get your EAD/AP around the 150+ days mark, then the new employer cannot apply for renewal immediately. You can do it yourself following the guidelines in our EAD/AP forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).
If the expiry of the EAD/AP is within 180 days, then the new employer can file. I485 Supp J will get its own receipt number and approval. It helps to have a copy of your PERM.

Good Luck.

[bones20]

First make sure that you save copies of your PERM, I-485 receipt notice (i.e., Willy Wonka Golden Ticket) and I-140 (optional). Also get the copies your I-765/I-131 for later use. The PERM (SOC code and job description) will be of great help when you do AC21.

Count 180 days from received date and then initiate your H1B transfer. While getting the job offer / negotiations tell your future employer that they also need to do a AC21 / Supp J while doing the H1B transfer. My guess is you will get your EAD/AP within the 180 day period. Even if you transfer, EAD/AP is provided on the basis of a Pending I485. As long as I485 is pending you will get your EAD/AP. But if they are doing H1 transfer then no harm in staying with H1 status.


Initial EAD/AP typically has a validity period of only 1 year. You can renew it 180 days in advance. Assuming that you get your EAD/AP around the 150+ days mark, then the new employer cannot apply for renewal immediately. You can do it yourself following the guidelines in our EAD/AP forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).
If the expiry of the EAD/AP is within 180 days, then the new employer can file. I485 Supp J will get its own receipt number and approval. It helps to have a copy of your PERM.

Good Luck.

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.

[idliman]

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.
You have to sign in the PERM. So they should have provided you a copy, Right? Without that I would assume that your PERM matches your H1B SOC and job title. Our company setup has 99% citizens with some H1B's (lower single digits). So most of the time, we end up telling our HR what to do. But in IT space, I can guess that employers are very protective.

I am thinking ahead about how you are going to address the issue when you file AC21 job portability. AC21 needs a justification that the new job is in the "same or similar" category. I have seen people post that the new law firm has requested the files from old law firm. Not sure whether they will share PERM pages concerning a) SOC b) Job Title and c) Job Description. All I am thinking about is how to make your case successful with the best of available info.

Maybe others can give you a better idea of how to handle this in a diplomatic way.

Update: I looked at my ETA-9089 Form. It has section "L" alien declaration. So, you are eligible to get a copy of that form. Without looking at its contents how will you sign the firm?

[vsivarama]

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.

You can apply a FOIA request (Freedom of Information Act) with USCIS. You can request them to send you the most recent copy of PERM and I140. It takes about 6-8 weeks for them to provide you with electronic copies. So I would recommend you create your service request ASAP. That's how I got my copies of PERM and i-140.

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

[bones20]

You can apply a FOIA request (Freedom of Information Act) with USCIS. You can request them to send you the most recent copy of PERM and I140. It takes about 6-8 weeks for them to provide you with electronic copies. So I would recommend you create your service request ASAP. That's how I got my copies of PERM and i-140.

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

thank you!

[bones20]

You have to sign in the PERM. So they should have provided you a copy, Right? Without that I would assume that your PERM matches your H1B SOC and job title. Our company setup has 99% citizens with some H1B's (lower single digits). So most of the time, we end up telling our HR what to do. But in IT space, I can guess that employers are very protective.

I am thinking ahead about how you are going to address the issue when you file AC21 job portability. AC21 needs a justification that the new job is in the "same or similar" category. I have seen people post that the new law firm has requested the files from old law firm. Not sure whether they will share PERM pages concerning a) SOC b) Job Title and c) Job Description. All I am thinking about is how to make your case successful with the best of available info.

Maybe others can give you a better idea of how to handle this in a diplomatic way.

Update: I looked at my ETA-9089 Form. It has section "L" alien declaration. So, you are eligible to get a copy of that form. Without looking at its contents how will you sign the firm?

thank you!

[rabp77]

Rabp77 , I understand that interview is waived for those who applied for AOS before 2017? So most EB-I cases would be exempt if that is the case right

Yes. If the 485 was applied prior to March 2017, interview is not mandatory. You will be called for interview only if there are issues with the application.

For more info, please check https://www.fragomen.com/insights/alerts/update-employment-based-adjustment-interviews-what-foreign-nationals-need-know

[iamdeb]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the “place of birth” field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

[kuku82]

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

I believe another employer can initiate H1b transfer at any point in time, regardless of the 180-day window from the employer who filed I485. AC21 doesn't require the individual to be employed with the employer who filed for 180 days, does it? Or is it that it's recommended to be with the employer for 180 days out of abundance of caution?

[Turbulent_Dragonfly]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the ?place of birth? field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

I actually got my name rearranged during renewal as I did not have an official last name (only first and middle names) and it created immigration issues with docs listing LNU for last name. Since there is no material change in the actual place, just the spelling, I think it will be allowed.

[idliman]

I believe another employer can initiate H1b transfer at any point in time, regardless of the 180-day window from the employer who filed I485. AC21 doesn't require the individual to be employed with the employer who filed for 180 days, does it? Or is it that it's recommended to be with the employer for 180 days out of abundance of caution?
H1B/L1 and AOS Pending are two parallel and separate status'es. Only one of them is active. If you had not updated I-9 with EAD or not entered the country using AP, you are in H1B / L1 status. So you will follow the same steps assuming that you are in one status only. For H1B transfer follow whatever procedure that has been done before. If you want to complicate things, you can have multiple H1Bs at the same time.

The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day. After that period you can port without starting another PERM/I-140. You become a "free agent" after that 180 day period. That's why it is important to stay with your employer for 180 days.

Now if you do H1B transfer within the 180 days, then you violate your 180 day clock on the I485. So you may have to redo PERM and I-140 all over again.

[kuku82]

H1B/L1 and AOS Pending are two parallel and separate status'es. Only one of them is active. If you had not updated I-9 with EAD or not entered the country using AP, you are in H1B / L1 status. So you will follow the same steps assuming that you are in one status only. For H1B transfer follow whatever procedure that has been done before. If you want to complicate things, you can have multiple H1Bs at the same time.

The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day. After that period you can port without starting another PERM/I-140. You become a "free agent" after that 180 day period. That's why it is important to stay with your employer for 180 days.

Now if you do H1B transfer within the 180 days, then you violate your 180 day clock on the I485. So you may have to redo PERM and I-140 all over again.

Correct, I forgot to mention the part if currently on H1 with employer A who filed for I485 and no change in I-9, and now employer B wants to initiate H1 transfer. I believe should not impact the 180-day clock whatsoever.

Separately, I'm curious where this aspect about sticking with employer for 180-days post notice date is documented? Any links to share?

[Turbulent_Dragonfly]

Correct, I forgot to mention the part if currently on H1 with employer A who filed for I485 and no change in I-9, and now employer B wants to initiate H1 transfer. I believe should not impact the 180-day clock whatsoever.

Separately, I'm curious where this aspect about sticking with employer for 180-days post notice date is documented? Any links to share?

Explained pretty succinctly here on the landing page itself:
https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21

Also just to be technically correct, it's not 180 days from the Notice Date, it's from the Received Date.

[idliman]

Correct, I forgot to mention the part if currently on H1 with employer A who filed for I485 and no change in I-9, and now employer B wants to initiate H1 transfer. I believe should not impact the 180-day clock whatsoever.
Separately, I'm curious where this aspect about sticking with employer for 180-days post notice date is documented? Any links to share?
If you do a H1B transfer within the 180 days, you are taking a risk. The following does not say that you need to stay with the employer directly, but it is implied. Now if you transfer after 120 days and say you get a RFE on the 150th day, then you will have 2 to 3 months for the RFE deadline. By the time you reply the RFE your 180 day clock might have crossed. But you are starting to increase the risks of something going wrong.

Having waited for so many years to get a chance to file I485, why would you unnecessarily take a risk and go into a grey area? The whole point of filing for I485 based on DF dates is to avail AC21 benefits after 180 days. Anyway it is your choice.

USCIS Policy Manual has a Chapter on AC21 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5). It says


To qualify for portability under INA 204(j), the adjustment applicant must meet the following eligibility requirements:


The applicant is the beneficiary of an approved Form I-140 petition or of a pending petition that is ultimately approved;
The petition is filed in the employment-based 1st, 2nd, or 3rd preference category;
The applicant?s properly filed adjustment application has been pending with USCIS for 180 days or more at the time USCIS receives the request to port;
The new job offer through which the applicant seeks to adjust status is in the same or similar occupational classification as the job specified in the petition; and
The applicant submitted a request to port. If the applicant makes a request to port on or after January 17, 2017, the applicant must submit a Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Form I-485 Supplement J). If the applicant requested to port before January 17, 2017, the applicant could have requested to port through a letter, since Form I-485 Supplement J did not go into effect until January 17, 2017.

The new job offer may be with the same petitioner or with an entirely new employer, including self-employment. Applicants can submit the portability request and evidence with the adjustment application or in any in-person interviews or in response to a request or other notice from USCIS.

[kuku82]

Explained pretty succinctly here on the landing page itself:
https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21

Also just to be technically correct, it's not 180 days from the Notice Date, it's from the Received Date.

It simply says it needs to be pending for 180 days. Doesn't require the individual to also be employed by the filing entity in that duration. I've been reading up this as well: https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5

It's entirely possible I'm missing something........

[moonlight]

If you do a H1B transfer within the 180 days, you are taking a risk. The following does not say that you need to stay with the employer directly, but it is implied. Now if you transfer after 120 days and say you get a RFE on the 150th day, then you will have 2 to 3 months for the RFE deadline. By the time you reply the RFE your 180 day clock might have crossed. But you are starting to increase the risks of something going wrong.

Having waited for so many years to get a chance to file I485, why would you unnecessarily take a risk and go into a grey area? The whole point of filing for I485 based on DF dates is to avail AC21 benefits after 180 days. Anyway it is your choice.

USCIS Policy Manual has a Chapter on AC21 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5). It says

Thanks idliman for clarification on AC21. It is clear now that I-485 should be pending for 180 days from received date. But it is still grey area if any individual can initiate H1B transfer before 180 days and NOT join the new company until 180 days clock is over. Many people are in that situation and wondering if they can at least initiate H1B transfer. Do you see any risk?

[Turbulent_Dragonfly]

Thanks idliman for clarification on AC21. It is clear now that I-485 should be pending for 180 days from received date. But it is still grey area if any individual can initiate H1B transfer before 180 days and NOT join the new company until 180 days clock is over. Many people are in that situation and wondering if they can at least initiate H1B transfer. Do you see any risk?

I don't know man, it seems pretty clear to me from the below line. You lose portability if you don't wait 180 days. There are no grey areas or workarounds in my opinion. Best you check with your own attorney or get a consult if you don't have one to get the official word.

For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more.

[kuku82]

If you do a H1B transfer within the 180 days, you are taking a risk. The following does not say that you need to stay with the employer directly, but it is implied. Now if you transfer after 120 days and say you get a RFE on the 150th day, then you will have 2 to 3 months for the RFE deadline. By the time you reply the RFE your 180 day clock might have crossed. But you are starting to increase the risks of something going wrong.

Having waited for so many years to get a chance to file I485, why would you unnecessarily take a risk and go into a grey area? The whole point of filing for I485 based on DF dates is to avail AC21 benefits after 180 days. Anyway it is your choice.

USCIS Policy Manual has a Chapter on AC21 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5). It says

Totally agree not worth the risk. Just trying to understand the law here. Read about unfortunate cases such as job loss after 485 being filed and before 180 days are up. The pending 485, since it's for future employment, I believe gives legal status and opportunity to seek another employment once 180 days have passed.

[inspired_p]

For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more.
To be even more clear, if one has to change employers before 180 days then the new employer has to apply for PERM and I-140 again for the employee.
The AC21 rules allows the existing pending I-485 to be I-1140 independent.

[rocketfast]

IMO, there is nothing called "H1B transfer". It is a new H1B application. I do not see any problem with applying for a new H1B application which asks for a start date after 180 days. For e.g, H1B approval letter has a "start date for approval". You are only supposed to work for 180 days with the old employer. It does not tell that you can't interview, initiate a new H1B application with a later starting date.

Edit: This information came from a immi lawyer of a good firm.

[ak7419]

Does anyone know truth to this statement - heard during RNLawgroup live youtube session that USCIS received ~415,000 downgrade applications.

[gcconnect]

Does anyone know truth to this statement - heard during RNLawgroup live youtube session that USCIS received ~415,000 downgrade applications.


This is similar
https://www.gtlaw-insidebusinessimmigration.com/covid-19/uscis-lockbox-update-regarding-receipt-notice-delays-2/

[vsivarama]

Does anyone know truth to this statement - heard during RNLawgroup live youtube session that USCIS received ~415,000 downgrade applications.

That's not possible. See the link below. The total number of i140s till 2019 are EB2-336596 and EB3-80388. Even including the dependents it's quite a stretch to image 415K applications were received. What could be is that everything applied is counted as an application. So a family of 2 applying for AOS are technically applying 7 applications (2 - i485s, 2 - i765s, 2-i131s, 1-i140/i485SupJ). I can see ~415K based on the above metrics.

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

[moonlight]

IMO, there is nothing called "H1B transfer". It is a new H1B application. I do not see any problem with applying for a new H1B application which asks for a start date after 180 days. For e.g, H1B approval letter has a "start date for approval". You are only supposed to work for 180 days with the old employer. It does not tell that you can't interview, initiate a new H1B application with a later starting date.

Edit: This information came from a immi lawyer of a good firm.

Thanks rocketfast. It makes sense.

[InbaMayam]

Hello Gurus and everyone , appreciate all of your valuable posts.

I am eb3-I and my priority date is current since Jan2021 and my 485 is not approved yet, so far no status change after interview was completed in 2019. 485 was applied in Jan2019 , didn't use attorney's help. I am having EAD renewed until mid of 2022. My contract is ending with client in Feb 2020. My client and my current employer (485 sponsor) agreed to the full time employment conversion with client.
I have not changed jobs and currently working on h1 with my 485 sponsor last 15 years. I am planning to use EAD to join my client and joining date would be March 1st.

If my 485 is approved before March 1st, then is it ok to use the GC and join my client, without making an I-9 entry of GC with my 485 sponsor.
Any valuable suggestions please. Sincere Thanks.

[smac1982]

New ask for Supplement J may have nothing to do with your work from home option. Now a days whole world is doing remote work anyway. It is just a confirmation that USCIS requires in preparation of advancing the dates to make sure you still are employed bonafide as is mentioned by your job description. Go ahead and submit new supplement J and not worry about anything else.

Thanks for your response. The RFE did say that the latest correspondence to USCIS indicated that I moved away from the geographical area specified in my most recent SupJ. As you said, it's better that I submit a new SupJ even though there's no change from the last time. Hopefully this is the last time I have to do this before I get greened :).

[inspired_p]

IMO, there is nothing called "H1B transfer". It is a new H1B application. I do not see any problem with applying for a new H1B application which asks for a start date after 180 days. For e.g, H1B approval letter has a "start date for approval". You are only supposed to work for 180 days with the old employer. It does not tell that you can't interview, initiate a new H1B application with a later starting date.

Edit: This information came from a immi lawyer of a good firm.
So does this make sense ??
" Bottom line is one can't leave the sponsor employer till 180 days after receipt or else I-485J of the new employer will not be allowed and I-485 will be denied. New employer will have to file PERM and I-140 for the employee in that case"

[rocketfast]

So does this make sense ??
" Bottom line is one can't leave the sponsor employer till 180 days after receipt or else I-485J of the new employer will not be allowed and I-485 will be denied. New employer will have to file PERM and I-140 for the employee in that case"

The USCIS language is not clear, but the general consensus is as you say above. I do know a friend that got laid off before 180 days. He joined the new employer, who filed his 485-j and it was NOT rejected and he got his GC. But I don't think that is the norm though.

[Ron1981]

Hello friends - I have a situation similar to that being discussed here and looking for guidance. My current employer filed for my I-140, EAD/AP & 485 in Oct 2020. I have received the receipts from USCIS for EAD/AP & 485. But no update on I-140. I have a new job offer that I'd like to take, and the employer is willing to wait for 180 days (end of April 2021) for me to begin. However, with no update on my I-140, I am not sure what to do. I learnt that you can receive your EAD/AP even without your I-140 being approved. Can I take the new job with after EAD/AP is approved, but my I-140 is not approved?

[krisswaves]

Hi guys, My PD is in Aug-2011 EB2, the current client where i am working is offering me FTE. I am not able to decide whether to take the offer or stick with the current employer and get EAD if the dates move in EB2/EB3(by downgrading) this FY, or at least in the start of FY22. I am hoping there will be some movement at the start of next FY. On the other hand, if I take the FTE offer with the client, I am thinking it's going to be at least 2 - 2 1/2 yrs until I'll be able to apply for I-140 because they don't start the PERM process for the first one year. Appreciate any suggestions/inputs. Thanks

[android09]

I don't know man, it seems pretty clear to me from the below line. You lose portability if you don't wait 180 days. There are no grey areas or workarounds in my opinion. Best you check with your own attorney or get a consult if you don't have one to get the official word.

For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more.

Is it 180 calendar days or 180 business days ?

[knighthood83]

This is not true. AC21 states that adjustment application should be pending 180 days. It does not say you need to be employed. There is a difference. Lots of employers dont withdraw the petition. If you are out of a job on day 150 sure you are not portable but on day 181 you do become portable. The law states the adjustment application must be pending 180 days does not say anything about a job

[moonlight]

Is it 180 calendar days or 180 business days ?

It is calendar days.

[LeoAugust]

H1B/L1 and AOS Pending are two parallel and separate status'es. Only one of them is active. If you had not updated I-9 with EAD or not entered the country using AP, you are in H1B / L1 status. So you will follow the same steps assuming that you are in one status only. For H1B transfer follow whatever procedure that has been done before. If you want to complicate things, you can have multiple H1Bs at the same time.

The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day. After that period you can port without starting another PERM/I-140. You become a "free agent" after that 180 day period. That's why it is important to stay with your employer for 180 days.

Now if you do H1B transfer within the 180 days, then you violate your 180 day clock on the I485. So you may have to redo PERM and I-140 all over again.

"The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day."-- Is it 180 days from received date or notice date? For e.g. if my document is submitted to USCIS on Oct-29 (which is the received date) but the notice date is Jan 30. On such scenario 180 days will be calculated from Oct-29-2020 or Jan-30-2021?

[LeoAugust]

Is it 180 calendar days or 180 business days ?

Calenday days. For e.g. If your received date of document at uscis is Dec-31-2020 then Jul-01-2021 you can use AC21 to switch job.

[Octgc7]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the ?place of birth? field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

I also had the same issue with "Place of birth" in my passport. I was able to change it in my passport in oct 2020 and it was done through CKGS at that time. Misc service was chosen for the option. I dont remember the exact steps in it.

[idliman]

"The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day."-- Is it 180 days from received date or notice date? For e.g. if my document is submitted to USCIS on Oct-29 (which is the received date) but the notice date is Jan 30. On such scenario 180 days will be calculated from Oct-29-2020 or Jan-30-2021?
It is "Received Date" as noted by Turbulent_Dragonfly above.

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.

It is also clearly stated in the USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5).


If USCIS has approved an applicant?s Form I-140 petition and the applicant?s adjustment application remained unadjudicated for 180 days or more (from the adjustment application receipt date), the approved petition remains valid unless the petition?s approval is later substantively revoked. This applies even if the applicant changes jobs or employers so long as the new offer of employment is in the same or similar occupation. If the adjustment application has been pending for less than 180 days, the approved petition does not remain valid with respect to a new offer of employment.

[iamdeb]

I also had the same issue with "Place of birth" in my passport. I was able to change it in my passport in oct 2020 and it was done through CKGS at that time. Misc service was chosen for the option. I dont remember the exact steps in it.

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

[rocketfast]

This is not true. AC21 states that adjustment application should be pending 180 days. It does not say you need to be employed. There is a difference. Lots of employers dont withdraw the petition. If you are out of a job on day 150 sure you are not portable but on day 181 you do become portable. The law states the adjustment application must be pending 180 days does not say anything about a job

This is pretty much exactly that happened with my friend. He got laid off. The employer assured him that they will not withdraw the petition. He joined a new company who filed the 485-j. But, USCIS language is not very clear here to make an assertion that this is always true. It is surprising that something as common as this does not have clear answers in the USCIS website.

Some snippets from immi lawyer websites:


B6. Will my I‐485 AOS application be denied if I am laid off less than 180 days after it was filed?

Not necessarily. USCIS has stated that an I‐485 AOS application will not necessarily be denied if the applicant leaves the I‐140 immigrant visa petitioner
less than 180 days after the AOS application is filed. This is because both the I‐140 immigrant visa petition and I‐485 AOS application focus on the
prospective (future) employment of the applicant. That said, both the I‐140 immigrant visa petition‐filing employer must have intended to offer, and the I‐
485 AOS applicant must have intended to accept the employment at the time of AOS filing. USCIS has indicated it will investigate such cases as it deems
appropriate.

..

I lost my job before the I-485 had been pending 180 days. Can I still use portability?

There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.

[smuggymba]

Anyone from TSC received RFE's for 485 from when we submitted it in 2012? My PD is March 2010 and no RFE/no communication so far but I'm seeing some action from Nebraska on trackit for 2010 PD's.

[ak7419]

Anyone from TSC received RFE's for 485 from when we submitted it in 2012? My PD is March 2010 and no RFE/no communication so far but I'm seeing some action from Nebraska on trackit for 2010 PD's. I am current since November and have not received any RFE. My case is with NSC and my spouse's with TSC. Neither of us received any communication from USCIS recently. waiting game...

[android09]

I had not logged on the qesehmk forum for a few days and came back in last evening, I must say each and every page of this forum is gold. I caught up from 352 to now and my word, the amount of valid, relevant and important discussion in those 8-9 pages is just astounding. Sending my thank you to all who provides such key insights that informs everyone !

[Pundit Arjun]

I am current since November and have not received any RFE. My case is with NSC and my spouse's with TSC. Neither of us received any communication from USCIS recently. waiting game...

Use your senator or online inquiry. I used it and got RFEs triggered.

[Moveon]

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

Please keep your passport and birth certificate in sync to avoid any issues with GC issuance. If they see a discrepancy they will cause issues .

[qesehmk]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

[knighthood83]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

[Zenzone]

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

Usually it isn't a problem. Just make sure the job is in the same or similar field pursuant to AC21 portability requirements. But the 485-J pprwrk. burden on the employer is very light. Usually many if not most will agree to it because it involves on visa sponsorship or PERM/I-140 applications which way more involving on them.

[mrperfect]

Gurus .. Need your advice plz.. My PD is 12/23/09 (EB2) i have been on EAD since 02/12 .. My wife got a PD 5/18/10 from a small Desi consulting company with approved 140.. However she switched to use EAD from my PD and has been working FT with a big financial company. Should we revive her PD and apply? or wait for mine to reach the line... the wait is killing :(

[Mgajsk]

Folks who received EAD on October filing. How long after your received an update from USCIS to reuse Bio-metrics, have you received your EAD cards?
Does getting this Biometric reuse status mean the USCIS is close to processing the EAD application?



765,131 Filing Date : Dec 07 2020 ( Applied after I received the 485 receipt no )
765,131 Received Date : Jan 16 2021
765,131 Notice' Date : Jan 27 2021 ( Notice to reuse bio-metrics done for 485)

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date : Nov 11 2020
Bio-metric notice received date : 01/02/2021
Bio-metric appointment date : 01/12/2021 (Grand Rapids Mi ASC)

[Transformer]

Gurus, I filed 485/EAD/AP in October. EB2-EB3 downgrade with PD May 2011 (missed Eb2 by 2 days). Due to family emergency I had to travel to India. I am back in USA and received my receipts last week. I know I have to refile my AP as my travel out of country invalidated it. Do I need to pay filing fee for AP or is it free even in this scenario? Also how hard it is to file on my own. Thank you.

[qesehmk]

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

485-J indeed is a requirement every time you switch a job before GC approval. There is no escaping (except perhaps when filing concurrent). Unfortunately DOS / USCIS have made it a requirement.

The good thing is that it is not very onerous. So employers should be able to take care of this quickly.

[Octgc7]

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

It took about a month to receive the passport in hand. Copy of original birth certificate and copy of digital birth certificate from the state government website were submitted as evidence (You need only one of it as evidence). Just want to add that my "Place of birth" was entirely different in the passport, not a typo. Only city of birth can be changed, State or Country of birth CANNOT be changed.

Even though my passport had validity for 4 more years, it was submitted as renewal. So I had to submit all the other documents for passport renewal in addition to the birth certificate copy. The latest passport has an expiry of 10 years from the applied date.

If you applied to New York consulate, it has online helpline called PRAMIT (Pravasi Mitra). Their response was really good with all the clarifications and status update.

[LeoAugust]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

Current scenario Bio appointment is taking more than 4-5 months. What will happen if bio is not done and the person did not receive the card by that time?

[Turbulent_Dragonfly]

Folks who received EAD on October filing. How long after your received an update from USCIS to reuse Bio-metrics, have you received your EAD cards?
Does getting this Biometric reuse status mean the USCIS is close to processing the EAD application?



765,131 Filing Date : Dec 07 2020 ( Applied after I received the 485 receipt no )
765,131 Received Date : Jan 16 2021
765,131 Notice' Date : Jan 27 2021 ( Notice to reuse bio-metrics done for 485)

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date : Nov 11 2020
Bio-metric notice received date : 01/02/2021
Bio-metric appointment date : 01/12/2021 (Grand Rapids Mi ASC)



Probably too late, but try not to reveal your true identity here or other online forums!

Also I applied in first week of Oct and did my FP in the first week of Dec and have not yet received any approvals for EAD/AP.

[Turbulent_Dragonfly]

Gurus, I filed 485/EAD/AP in October. EB2-EB3 downgrade with PD May 2011 (missed Eb2 by 2 days). Due to family emergency I had to travel to India. I am back in USA and received my receipts last week. I know I have to refile my AP as my travel out of country invalidated it. Do I need to pay filing fee for AP or is it free even in this scenario? Also how hard it is to file on my own. Thank you.

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-131-advance-parole.html

[Turbulent_Dragonfly]

Gurus .. Need your advice plz.. My PD is 12/23/09 (EB2) i have been on EAD since 02/12 .. My wife got a PD 5/18/10 from a small Desi consulting company with approved 140.. However she switched to use EAD from my PD and has been working FT with a big financial company. Should we revive her PD and apply? or wait for mine to reach the line... the wait is killing :(

So you have an earlier PD than your wife and want to apply based on her PD? Maybe you got your dates wrong or something because that question does not make sense.

[Mgajsk]

Probably too late, but try not to reveal your true identity here or other online forums!

Also I applied in first week of Oct and did my FP in the first week of Dec and have not yet received any approvals for EAD/AP.
Thank you.
is yours being processed and National benefits center?

[Transformer]

https://www.nolo.com/legal-encyclopedia/filling-out-form-i-131-advance-parole.html
Thank you for the link. Fee part is little ambiguous. Just contacted my attorney and he says this:

Since the first AP never got approved, this filing will not be an extension. It will a first time AP so he will have to pay $575.00 for each applicant to file AP.

I am confused.

[Turbulent_Dragonfly]

Thank you for the link. Fee part is little ambiguous. Just contacted my attorney and he says this:

Since the first AP never got approved, this filing will not be an extension. It will a first time AP so he will have to pay $575.00 for each applicant to file AP.

I am confused.

I believe he is right. In your case, your current I-131 application will eventually have a status of applied for and abandoned. So you essentially lost the freebie you get when applying for I-131 along with the I-485 and will have to pay for the new applications.

[Turbulent_Dragonfly]

Thank you.
is yours being processed and National benefits center?

Yeah that's correct, applied at Dallas Lockbox and routed to MSC.

[19YRSNOGC]

So you have an earlier PD than your wife and want to apply based on her PD? Maybe you got your dates wrong or something because that question does not make sense.
maybe 1 in EB2 and other in EB3

[android09]

Given where we are in terms of visa bulletin movements, is there any kind of expectation of where the bulletin final dates may be in June 2021 and sept 2021? Just looking to see where we think we may land up in terms of the numbers in 3 and 6 months. Please opine.

[AceMan]

So you have an earlier PD than your wife and want to apply based on her PD? Maybe you got your dates wrong or something because that question does not make sense.

No he did not, he wants to try and get his GC 5 minutes faster because if it did not happen the wait might kill him.

[inspired_p]

Gurus .. Need your advice plz.. My PD is 12/23/09 (EB2) i have been on EAD since 02/12 .. My wife got a PD 5/18/10 from a small Desi consulting company with approved 140.. However she switched to use EAD from my PD and has been working FT with a big financial company. Should we revive her PD and apply? or wait for mine to reach the line... the wait is killing :(

Go for it if wife's employer is paying for it. In all probability it will be current before EB2 12/23/09.

[08jul11]

It simply says it needs to be pending for 180 days. Doesn't require the individual to also be employed by the filing entity in that duration. I've been reading up this as well: https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5

It's entirely possible I'm missing something........


Does this means that even if the Filing employer is not the current employer, we can change the employer and be on EAD through AC21 benefit?

[qesehmk]

Current scenario Bio appointment is taking more than 4-5 months. What will happen if bio is not done and the person did not receive the card by that time?
You can still use your existing H1 (if you have one).

[LeoAugust]

You can still use your existing H1 (if you have one).
Yea. H1B will be the last hope...

[rabp77]

Given where we are in terms of visa bulletin movements, is there any kind of expectation of where the bulletin final dates may be in June 2021 and sept 2021? Just looking to see where we think we may land up in terms of the numbers in 3 and 6 months. Please opine.

For us to conclusively answer that question, we would need inventory data, which has not been published for almost 2.5 years now. So any guess is based on assumptions based on historical data. My guess is that horizontal spillover will be equally distributd across backlogged countries,resulting in india and china getting around 20000- 30000 extra visas each per eb category. This should leave eb3i moving around 15-30 months, and eb2 moving 10-20 months. So my guess is both both of these should get close to 2011 in worst case, and best case get close to 2013. Assuming 1-2 k inventory per month which was the case I'm 2009.

You should try whereismygc, as they have much more data to predict this. All predictions need to assume that every attempt will be made to prevent visa wastage.

[Dallas111]

Gurus
I have a question on I485J. MY PD is Oct 29, 2009 (EB2). I got an RFE from NSC that requires medicals and I485J. I had got same RFE in 2018 when I had submitted I485J and it was approved also. My employer is also not changed. Do you see any issue in me getting I485J again for same employer. I am planning to submit I485J again and my employer (large company) is also fine. I am planning to submit exactly same I485J response as last time.

RFE also mentions that if I need to continue with same lawyer (as in I 485 which is a different lawyer from previous company) , pls indicate. Do I need to continue with same lawyer and do I need a personal lawyer. Pls advise

[Moveon]

Gurus
I have a question on I485J. MY PD is Oct 29, 2009 (EB2). I got an RFE from NSC that requires medicals and I485J. I had got same RFE in 2018 when I had submitted I485J and it was approved also. My employer is also not changed. Do you see any issue in me getting I485J again for same employer. I am planning to submit I485J again and my employer (large company) is also fine. I am planning to submit exactly same I485J response as last time.

RFE also mentions that if I need to continue with same lawyer (as in I 485 which is a different lawyer from previous company) , pls indicate. Do I need to continue with same lawyer and do I need a personal lawyer. Pls advise

If your job role has not changed , then its fine to use the same . use the lawyer your company provides as all large companies pay for it . This is a straight forward procedure, so don't sweat it out.

[Zenzone]

Is there anything yet in JB's EOs that lifts the family GC ban from consulates? I don't re-collect seeing any and if that's true we may have more SOs than we think for fiscal 2022 also. Not bad eh.

[Zenzone]

Gurus
I have a question on I485J. MY PD is Oct 29, 2009 (EB2). I got an RFE from NSC that requires medicals and I485J. I had got same RFE in 2018 when I had submitted I485J and it was approved also. My employer is also not changed. Do you see any issue in me getting I485J again for same employer. I am planning to submit I485J again and my employer (large company) is also fine. I am planning to submit exactly same I485J response as last time.

RFE also mentions that if I need to continue with same lawyer (as in I 485 which is a different lawyer from previous company) , pls indicate. Do I need to continue with same lawyer and do I need a personal lawyer. Pls advise

Nothing stipulates you to use the same lawyer. Looks like your case is pretty straightforward too.

[Turbulent_Dragonfly]

Is there anything yet in JB's EOs that lifts the family GC ban from consulates? I don't re-collect seeing any and if that's true we may have more SOs than we think for fiscal 2022 also. Not bad eh.

No, there is nothing in the EO to end the visa bans which has got people like gsiskind, ckuck all mad and threatening lawsuits. I will be shocked if we don't get 60k+ spillover for FY2022.

[samada]

I am current since November and have not received any RFE. My case is with NSC and my spouse's with TSC. Neither of us received any communication from USCIS recently. waiting game...

I am current since November with PD September 2009. First applied in 2012. RFE in 2014 and 2016. Recent RFE for 485j, Medicals and Geographical information on Jan 5th 2021. Responded RFE on 28th Jan 2021. Received receipt for 485J on 2/2/2021.

[Turbulent_Dragonfly]

I am current since November with PD September 2009. First applied in 2012. RFE in 2014 and 2016. Recent RFE for 485j, Medicals and Geographical information on Jan 5th 2021. Responded RFE on 28th Jan 2021. Received receipt for 485J on 2/2/2021.

My best friend had a June 2009 PD and became a citizen early last year, one of the fortunate ones... amazing what a few months difference in PDs in 2009 ended up costing. If they apply the spillover properly and issue the GC, one can hope people in 2010 won't meet the same fate.

[ak7419]

My best friend had a June 2009 PD and became a citizen early last year, one of the fortunate ones... amazing what a few months difference in PDs in 2009 ended up costing. If they apply the spillover properly and issue the GC, one can hope people in 2010 won't meet the same fate.

I have a handful of friends whose PD was only few months earlier than me and they are now applying for citizenship and I am still waiting for RFE.... :)

[AceMan]

My best friend had a June 2009 PD and became a citizen early last year, one of the fortunate ones... amazing what a few months difference in PDs in 2009 ended up costing. If they apply the spillover properly and issue the GC, one can hope people in 2010 won't meet the same fate.

With only 140,000 GC for entire category for the last 30 years, this problem is going to be extrapolated in the coming years. The recession of 2009-11 camouflaged the issue for some time, just like Covid pandemic from 2020 - 21,22. All these extra numbers is going to help max of people till the end of 2012.

So in the year 2027 you will have a Dec 2012 applicant as a citizen and a Jan 2014 applicant still on H1 if the demand is high for next 5 years after 2022.

EB green card numbers has to be raised to 250,000 and all the people with approved 140s given a one time GC to the tune of 1 million.

[idliman]

I have a handful of friends whose PD was only few months earlier than me and they are now applying for citizenship and I am still waiting for RFE.... :)
Hear you. I have at least 2 from same company who got GCs in 2012 (EB2I 2009 PDs) and became Citizens couple of years ago. The movement from COVID spillover is a golden chance. Sadly people who miss out on GCs might have to face what you and other 2012 EAD folks are going through. A few months may matter a lot for some unfortunate folks. That's why I am advising everyone to keep one feet on EB2 and other on EB3.

Edit: The situation of people who just missed out on EAD with May 2010+ PDs is even worse. They had to wait many years to even apply for EADs. EADs have become the new GCs.

[donkeykong]

Hear you. I have at least 2 from same company who got GCs in 2012 (EB2I 2009 PDs) and became Citizens couple of years ago. The movement from COVID spillover is a golden chance. Sadly people who miss out on GCs might have to face what you and other 2012 EAD folks are going through. A few months may matter a lot for some unfortunate folks. That's why I am advising everyone to keep one feet on EB2 and other on EB3.

Edit: The situation of people who just missed out on EAD with May 2010+ PDs is even worse. They had to wait many years to even apply for EADs. EADs have become the new GCs.

Couldn't agree more, Mine is June 2010 EB2. Not to mention the 2015 fiasco. I was pretty skeptical this time after multiple burns but actually got EAD.

[rocketfast]

The infuriating part is that USCIS has been moving EB1-I dates over the last 4 months, but there are no applications in EB1-I queue who are eligible as most of the moved dates are applying after October, so they are all still waiting for biometrics etc. Whereas EB2-I is stuck and that is the only place where there is readily available applications in queue.

Only 0.3% of EB1-I that applied after October have gotten GC yet.

[Zenzone]

Hear you. I have at least 2 from same company who got GCs in 2012 (EB2I 2009 PDs) and became Citizens couple of years ago. The movement from COVID spillover is a golden chance. Sadly people who miss out on GCs might have to face what you and other 2012 EAD folks are going through. A few months may matter a lot for some unfortunate folks. That's why I am advising everyone to keep one feet on EB2 and other on EB3.

Edit: The situation of people who just missed out on EAD with May 2010+ PDs is even worse. They had to wait many years to even apply for EADs. EADs have become the new GCs.

The glimmer of additional hope is that we are likely to have FB SO again in 2022 FY. So some ppl. who miss out closely this time may get another stab next year. Who knows..the country caps may be removed by then. I'm an eternal optimist :)

[LeoAugust]

With only 140,000 GC for entire category for the last 30 years, this problem is going to be extrapolated in the coming years. The recession of 2009-11 camouflaged the issue for some time, just like Covid pandemic from 2020 - 21,22. All these extra numbers is going to help max of people till the end of 2012.

So in the year 2027 you will have a Dec 2012 applicant as a citizen and a Jan 2014 applicant still on H1 if the demand is high for next 5 years after 2022.

EB green card numbers has to be raised to 250,000 and all the people with approved 140s given a one time GC to the tune of 1 million.

What is your opinion about Dec-2013 please? Where do you see they stand and benefit from the current spillover.

[Turbulent_Dragonfly]

What is your opinion about Dec-2013 please? Where do you see they stand and benefit from the current spillover.

Without pending inventory, it's going to be very difficult to estimate especially now that thousands have downgraded in the last few months. If someone wants to do something as far as imploring the admin is concerned, releasing the pending inventory would bring about much needed transparency and visibility into the case pipeline.

[AceMan]

What is your opinion about Dec-2013 please? Where do you see they stand and benefit from the current spillover.

You have 4 full years of data before it reaches 2013. Let me start with my outlook for FY 2021. EB2 I am hoping to move 3-4 months from April 2021 to July 2021. It has a good solid chance of reaching May 2011 by September 21. Eb3 I is hampered a little by residual Eb3 ROW demand which was backlogged last year around same time. But the low numbers in Eb3 I should give it one year movement to May 2011 in the July 21 bulletin. Any forward movement beyond that is unlikely because of downgraders.

With the visa issuance still restricted at foreign posts the chance of Family spilling over more than 150,000-175,000 to EB in 2022 is another windfall possibility. December 2013 filer should look for in October 21 bulletin for any advancement in FD for Eb2 and Eb3 then. If the pandemic situation is similar Eb2I is poised to do the movements done by Eb1 this fiscal year.

At that point these aayarams and gayarams who downgraded already will be requesting options on how to upgrade.

[usvisas]

Anyone knows why biometrics notices have been non-existent since Jan 1st 2021? There were just a few sent with ND of 1/23 - that is the best I have heard.

Is this expected to get better? If not, then, at this speed - not sure how much spillovers would actually be greened or wasted!!!

[H1b2006]

2011 May is definite for both EB2+EB3
2011 Dec will clear with 2021 FY SO and 2022 FY SO

2012 might have a chance but not sure for how far into 2012 with FY 2022 SO

Thats it, part of 2012 onwards it is another 10yrs wait

EB1 spillover is unlikely for 2023 FY as WITCH companies start clogging it again in a year or two.

[H1b2006]

2010,2011, part of 2012 are clearing bcause of Covid SO in FY 2021/FY2022
without it will take 10 yrs for 2010,10yrs for 2011 to clear, so on..

[vsivarama]

At that point these aayarams and gayarams who downgraded already will be requesting options on how to upgrade.

Thanks for the condescension. I gather you do NOT want people downgrading to EB3. Everyone will do what's best for them and your seething attitude is not going to stop them. I was EB2-I who downgraded in October and I have a leg to stand on here. I always welcomed upgrades from EB3 to EB2 (even to my detriment) as they freaking applied before me. EB1, EB2 or EB3 all are one and same for the most part. Not a lot of rocket scientists here... It's time we stopped treating our fellow brethren as our enemies.

[AceMan]

Thanks for the condescension. I gather you do NOT want people downgrading to EB3. Everyone will do what's best for them and your seething attitude is not going to stop them. I was EB2-I who downgraded in October and I have a leg to stand on here. I always welcomed upgrades from EB3 to EB2 (even to my detriment) as they freaking applied before me. EB1, EB2 or EB3 all are one and same for the most part. Not a lot of rocket scientists here... It's time we stopped treating our fellow brethren as our enemies.

I predicted that if we get 150,000-175,000 spill over for 2022 Eb2I will be biggest beneficiary if pandemic related restrictions are still present and how it can impact a December 2013 filer and how the thread questions will be after the October 2021.

Just because you welcome other people to do something crazy does not mean that I should agree to that.

[EB2IndSep09]

Anyone knows why biometrics notices have been non-existent since Jan 1st 2021? There were just a few sent with ND of 1/23 - that is the best I have heard.

Is this expected to get better? If not, then, at this speed - not sure how much spillovers would actually be greened or wasted!!!

I am yet to receive the receipt number for AOS filings done from last week of Oct 2020 along with hundreds and hundreds of my colleagues. People are breaking their heads figuring when they would receive receipt numbers.
My law firm response is "As of last week, USCIS estimates there are still 415,000 cases which have not yet been receipted at the Dallas Lockbox center".

Good luck figuring why biometric appointments are not generated and when these hundreds of thousands of people are going to be greened :D

[usvisas]

Good luck figuring why biometric appointments are not generated and when these hundreds of thousands of people are going to be greened :D

Yea, thats my point too. Though note that those 400K needs to be divided by 3 or something as they include different forms (I-485, I-765, I-131) for the same individual. Still massive, but I guess we'll know accurate number in a month or so.

[redtogreen]

Hi all, did anyone from TSC with PDs in 2010 receive RFE? I am only reading about folks from NSC on Trackitt. I haven't received a single RFE till date. Is this the case with others from TSC who filed in 2012? I am concerned that some of our files are just packed up somewhere in the dust.

[phkb2020]

Hi all, did anyone from TSC with PDs in 2010 receive RFE? I am only reading about folks from NSC on Trackitt. I haven't received a single RFE till date. Is this the case with others from TSC who filed in 2012? I am concerned that some of our files are just packed up somewhere in the dust.

Feb 2010 priority date application with TSC. No RFEs since our 2012 application. I changed jobs in 2012 (after 180 day mark) and filed AC21 notification. Supp J was not a thing at that time. I keep thinking whether I should just file Supp J now (without waiting for RFE) just to bump the file.

[bones20]

Hi Guys - I have an AC21 related question:
- Lets say your i485 has been pending (waiting for FAD to be current) for more than 180 days in eb2 category and your PD becomes current in FAD chart in eb3 category. At that time, the employer can file a downgrade to eb3 by filing a new i140 with eb2 PERM. Can you change job right away after filing the downgrade and do ac21 porting with new employer in eb3 category or do you need to wait for eb3 i140 to be approved? (The reason to do this is to avoid the wait with previous employer for i140 approval, GC approval, post GC stay)

thank you!

[old_monk]

Hi Guys - I have an AC21 related question:
- Lets say your i485 has been pending (waiting for FAD to be current) for more than 180 days in eb2 category and your PD becomes current in FAD chart in eb3 category. At that time, the employer can file a downgrade to eb3 by filing a new i140 with eb2 PERM. Can you change job right away after filing the downgrade and do ac21 porting with new employer in eb3 category or do you need to wait for eb3 i140 to be approved? (The reason to do this is to avoid the wait with previous employer for i140 approval, GC approval, post GC stay)

thank you!

I think you need to wait for new I140 to get approved. If your 140 is not approved, your eb3 485 petition will not be valid. You can do premium processing though(not sure how premium processing works in these cases though).
Gurus, in this case, will the wait period of 180 day be applicable to eb3 petition as well i.e. stay with current employer for 180 days after EB3 I140/ 485 is filed concurrently. I am asking this as I am also planning to follow the same steps as bones20 .

[bones20]

I think you need to wait for new I140 to get approved. If your 140 is not approved, your eb3 485 petition will not be valid. You can do premium processing though(not sure how premium processing works in these cases though).
Gurus, in this case, will the wait period of 180 day be applicable to eb3 petition as well i.e. stay with current employer for 180 days after EB3 I140/ 485 is filed concurrently. I am asking this as I am also planning to follow the same steps as bones20 .

- Premium for i140 can only be filed first time when you have a physical copy of PERM approval. It seems though you can request premium after receiving the receipt:
https://www.kamalalaw.com/process-to-downgrade-from-eb-2-to-eb-3.html#eb2-to-eb3-downgrade-premium
- My use case is that the eb2 i485 has already been filed. My understanding is that for the downgrade, the only thing that needs to be filed is a new i140 for eb3 (no new/additional i485). Ref:
https://www.kamalalaw.com/process-to-downgrade-from-eb-2-to-eb-3.html#eb2-to-eb3-downgrade-with-485-pending

A new approved I-140 under EB-3 category will be transferred to the service center where I-485 is currently pending and no new fee is required.

[sjayanthi]

Hi All, excited to see predictions for EB2 2011 cases by end of FY2021. I have a tricky question: I am currently outside USA on a international assignment with the same employer (I have approved I140 with this employer). My original PD is April 2011. Now as I plan to return to US later in the year, I have two options 1) to move to location B (where I plan to settle down) and use EB1 ; 2) potentially go to location A where my PERM and I 140 were filed and use EB2. Considering I need a new H1B to come to US (which will be filed in next few weeks) and any change in location will trigger a amendment, was wondering if someone can guide me on which location to chose from. Additionally, EB1 C I 140 timelines are all over the place (6 months to a year and there is no AC21 without I 140 approval) so if EB2 becomes current I would prefer to use it (saves everyone some filing fees). Is it possible for my employer to file for I 485 even if I work from location B? I can work from location A as well once I get my EAD but want to avoid amendements.

[tenyearsgone]

Thanks for the condescension. I gather you do NOT want people downgrading to EB3. Everyone will do what's best for them and your seething attitude is not going to stop them. I was EB2-I who downgraded in October and I have a leg to stand on here. I always welcomed upgrades from EB3 to EB2 (even to my detriment) as they freaking applied before me. EB1, EB2 or EB3 all are one and same for the most part. Not a lot of rocket scientists here... It's time we stopped treating our fellow brethren as our enemies.

Agreed. Do what's in your best interest and react to data as it becomes available. Everyone's situation is different and there's no need to judge them. Downgrade/Upgrade - do it when it is feasible and don't hold your career back for GC.
As someone else pointed out, a few months of difference in 2009 PDs has been life changing for folks on either side of Apr 2009. Same goes for Apr 2010. After 10-20 years of wait even a few months extra can be really painful to some folks due to the stress built up over time while other folks are able to deal with it better.

[old_monk]

- Premium for i140 can only be filed first time when you have a physical copy of PERM approval. It seems though you can request premium after receiving the receipt:
https://www.kamalalaw.com/process-to-downgrade-from-eb-2-to-eb-3.html#eb2-to-eb3-downgrade-premium
- My use case is that the eb2 i485 has already been filed. My understanding is that for the downgrade, the only thing that needs to be filed is a new i140 for eb3 (no new/additional i485). Ref:
https://www.kamalalaw.com/process-to-downgrade-from-eb-2-to-eb-3.html#eb2-to-eb3-downgrade-with-485-pending

Thanks, wasn't aware of these. I am in the same situation as you. Lets see what the future holds.

[bluelabel]

I got an RFE on my I-485 and they asked the following -

1. Please submit an updated form G-325A.
2. Please submit an evidence of employment authorization since Jan of 2019. (Maybe because I had already submitted EADs till 2018 during 2018 RFE response)
3. Supplement J
4. Please submit a copy of the biographic page of your currently valid passport which clearly shows your photo and name.
5. I-693 medical report.

I only found deferred action G325A in USCIS website. Is there any other G325A available? I also see that it's no longer required for I-485 but not sure why USCIS is asking for it.

[idliman]

I got an RFE on my I-485 and they asked the following -

1. Please submit an updated form G-325A.
2. Please submit an evidence of employment authorization since Jan of 2019. (Maybe because I had already submitted EADs till 2018 during 2018 RFE response)
3. Supplement J
4. Please submit a copy of the biographic page of your currently valid passport which clearly shows your photo and name.
5. I-693 medical report.

I only found deferred action G325A in USCIS website. Is there any other G325A available? I also see that it's no longer required for I-485 but not sure why USCIS is asking for it.
Congratulations on RFE. Are you in TSC or NSC? PD?

You are correct. There is only one G-325A form (https://www.uscis.gov/g-325a). Aliens used to file G-325A and citizens used to file G-325 (for finance GC). In the last iteration USCIS merged I-485 and G-325A together into one form. However, older applicants are required to update G-325A every few years. So it is a harmless RFE. But make sure that you complete every field including the last residence outside of USA.

[bluelabel]

Thanks for the reply. It's NSC and my PD is 03/02/2010.

[jackryan041815]

Hi all,

I am new to this forum, migrated here to give it a try from Trackitt. Was wondering what your predictions are for the end of this fiscal year. My priority date is EB-3 India April 2011

[inspired_p]

Thanks for the condescension. I gather you do NOT want people downgrading to EB3. Everyone will do what's best for them and your seething attitude is not going to stop them. I was EB2-I who downgraded in October and I have a leg to stand on here. I always welcomed upgrades from EB3 to EB2 (even to my detriment) as they freaking applied before me. EB1, EB2 or EB3 all are one and same for the most part. Not a lot of rocket scientists here... It's time we stopped treating our fellow brethren as our enemies.

I agree completely. I have ranted on this topic before as well, but companies have been known to file the application in EB3 even when the job and the candidate were eligible for EB2, solely stating that its company policy to do so and no-one raised any eyebrows to that practice. Anyways the PERM is what validates the job, I-140 is just a formality. PERM with job qualified for EB1,the I-140 can be applied in any of the three categories.

I have not downgraded my petition, but when i changed employers I had the option of EB2 or EB3 ( PERM job qualified for EB2), and I chose EB3, employer lawyers gave me that choice. I see nothing wrong in this and if required I don't see anything wrong if I have to upgrade my petition if my calculations are proven wrong.

Vilifying downgrades from EB2 is as obnoxious as vilifying EB3 -> EB2 upgrades

[inspired_p]

I got an RFE on my I-485 and they asked the following -

1. Please submit an updated form G-325A.
2. Please submit an evidence of employment authorization since Jan of 2019. (Maybe because I had already submitted EADs till 2018 during 2018 RFE response)
3. Supplement J
4. Please submit a copy of the biographic page of your currently valid passport which clearly shows your photo and name.
5. I-693 medical report.

I only found deferred action G325A in USCIS website. Is there any other G325A available? I also see that it's no longer required for I-485 but not sure why USCIS is asking for it.

Congratulations ! Thats a good positive sign for EB2-I given that your PD is in 03/2010.

[RVSree]

My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)

I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.

[AceMan]

I agree completely. I have ranted on this topic before as well, but companies have been known to file the application in EB3 even when the job and the candidate were eligible for EB2, solely stating that its company policy to do so and no-one raised any eyebrows to that practice. Anyways the PERM is what validates the job, I-140 is just a formality. PERM with job qualified for EB1,the I-140 can be applied in any of the three categories.

I have not downgraded my petition, but when i changed employers I had the option of EB2 or EB3 ( PERM job qualified for EB2), and I chose EB3, employer lawyers gave me that choice. I see nothing wrong in this and if required I don't see anything wrong if I have to upgrade my petition if my calculations are proven wrong.

Vilifying downgrades from EB2 is as obnoxious as vilifying EB3 -> EB2 upgrades

Few missing points in your post. 140 is not a formality. There is no Perm for Eb1. Employment based category means employer has the full authority to decide what category you belong to based on the job you are performing and not necessarily your qualifications.

In a normal scenario downgrades should not happen. It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.

Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.

What you did is nothing wrong, you had an underlying perm for your Eb3.

So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to Eb category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.

[android09]

Few missing points in your post. 140 is not a formality. There is no Perm for Eb1. Employment based category means employer has the full authority to decide what category you belong to based on the job you are performing and not necessarily your qualifications.

In a normal scenario downgrades should not happen. It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.

Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.

What you did is nothing wrong, you had an underlying perm for your Eb3.

So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to Eb category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.

The last paragraph of your post is most interesting. While there may be spill over of about 150,000 - 175,000 visas to the EB category from the Family Based category, why do we assume that these will be issued? It is correct insofar that it may push the dates ahead due to statutory requirements, but what that additional flow means remains to be seen in outcomes. We already know the USCIS struggles to issue 140,000 regular EB based visas with many being wasted every year due to systemic inefficiencies and process factors that run the clock out. Now we're saying, yeah sure let's add another 150,000 visas to your pile to do what you already do not do.

[RVSree]

My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)

I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.

[Mgajsk]

The last paragraph of your post is most interesting. While there may be spill over of about 150,000 - 175,000 visas to the EB category from the Family Based category, why do we assume that these will be issued? It is correct insofar that it may push the dates ahead due to statutory requirements, but what that additional flow means remains to be seen in outcomes. We already know the USCIS struggles to issue 140,000 regular EB based visas with many being wasted every year due to systemic inefficiencies and process factors that run the clock out. Now we're saying, yeah sure let's add another 150,000 visas to your pile and what you already do not do.

Should'nt we consider the possiblity that USCIS is processing way less FB cases compared to a non Pandemic year and that might give them enough time to process all 150K visas?

[tenyearsgone]

It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.

Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.



Ace .. your insinuation above that EB2 applicants were not qualified and cheated on it because they want to downgrade now is obnoxious and condescending.

[qesehmk]

Guys if I may say something - people don't always mean what you and I interpret it to be. Our blog's philosophy is to treat all other immigrant groups with respect and never criticize any other immigrant group.

Just follow this yourself and forgive others if somebody says something - it could very well be unintentional.

[vsivarama]

In a normal scenario downgrades should not happen. It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.

Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.

So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to EB category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.

The USCIS does not break this into rigid categories as you put it. From the USCIS standpoint it is like the following, If a person has demonstrated beyond shadow of doubt that he can compete and perform in 10K competitions (EB2 in this case), it is ridiculous on their part to ask these folks to prove that they have the stamina to compete in 5K competitions (EB3 in this case as it's usually a subset of eb2 requirements). So you can use the same perm to downgrade. Just because someone has participated in 5K competitions does NOT mean that their initial claim of being able to complete in 10K meets are now fraudulent.

I agree that EB2I may benefit from future spillovers if EB1 is current. But for most of the people, a bird in hand is better than two in the bush. Are you willing to let go of the ability to file 485 in hopes of a potential windfall in the future for EB2?

[inspired_p]

Few missing points in your post. 140 is not a formality. There is no Perm for Eb1. Employment based category means employer has the full authority to decide what category you belong to based on the job you are performing and not necessarily your qualifications.

In a normal scenario downgrades should not happen. It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.

Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.

What you did is nothing wrong, you had an underlying perm for your Eb3.

So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to Eb category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.
When i say I-140 is formality I meant this .... Job validation done at the time of PERM. and it qualifies for say EB2 category ( till now I thought PERM waiver was only for National interest waiver EB1s basically self petition and companies had to file PERM for EB1 applications as well) .I-140 can be filed at any category at or below the bar.

Companies have done so repeatedly under "Company policy".
No Rules are ignored when person files for EB3 based on the PERM that was used for EB2 approval.
As you rightly said EB3->EB2 upgrade will require another PERM ONLY IF the initial PERM was specific to EB3 job. In my case in point, I have confirmed that the PERM filed for me qualifies for EB2, so I will not need a new PERM for EB2 upgrade either.

Expecting people to stay in the buckets when there are no such buckets in law/rule is what I am trying point out here.

[idliman]

Feb 2010 priority date application with TSC. No RFEs since our 2012 application. I changed jobs in 2012 (after 180 day mark) and filed AC21 notification. Supp J was not a thing at that time. I keep thinking whether I should just file Supp J now (without waiting for RFE) just to bump the file.
If you submit a Supp J right now, you will get a RFE in 2-3 months time. That will be the usual one for G-325A, I-693 and maybe employment authorization if you had used EAD. Once you complete that process, your file should be current ready for approval for a period of 2 years from I-693 signature date. We cannot predict what's going to happen in the future: Say JB admin cancels requirement of I-693 for every 2 years OR the processing delays due to rush of new I485 applications. However your thinking is not bad.

[inspired_p]

The USCIS does not break this into rigid categories as you put it. From the USCIS standpoint it is like the following, If a person has demonstrated beyond shadow of doubt that he can compete and perform in 10K competitions (EB2 in this case), it is ridiculous on their part to ask these folks to prove that they have the stamina to compete in 5K competitions (EB3 in this case as it's usually a subset of eb2 requirements). So you can use the same perm to downgrade. Just because someone has participated in 5K competitions does NOT mean that their initial claim of being able to complete in 10K meets are now fraudulent.

I agree that EB2I may benefit from future spillovers if EB1 is current. But for most of the people, a bird in hand is better than two in the bush. Are you willing to let go of the ability to file 485 in hopes of a potential windfall in the future for EB2?

Also the 10K and 5K category is tied to the PERM filed and not the I140 filed.

[vsivarama]

Also the 10K and 5K category is tied to the PERM filed and not the I140 filed.

I stand corrected, Thanks for pointing that one out.

[idliman]

Hi all,

I am new to this forum, migrated here to give it a try from Trackitt. Was wondering what your predictions are for the end of this fiscal year. My priority date is EB-3 India April 2011
Welcome. The fact that USCIS opened up the DF till 2015 shows that they originally expected everyone upto that date to be current before Oct 2021. However, how they are going to do it is not sure. Past trends indicate they will start advancing dates from say May 2021 bulletin or so. How many GCs could they process in 5 months? Do they give up (like the past admin) and refuse to move the dates citing lack of capacity for processing and issuing GCs? No one knows. There are a bunch of folks who filed in 2012 waiting for the PDs to clear 2009 for the past 9 years. All we can wish for is USCIS using and issuing as much GCs as permitted by law. So lately the prediction part of this forum is quiet because the past admin found thousand excuses to systematically delay and deny issuing of GCs.

You can also try whereismygc.com to see how their model is working for your PD. Prediction math is a number game. However, it all depends on the intent of the admin and the agencies to provide immigration benefits to as many people as allowed by law.

[inspired_p]

So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to Eb category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.

This can very well be the case.
EB2-I can very well shoot past EB3-I in FADs , and hence I personally will be keeping an eye out on FADs and will exercise the right to file a separate EB2 with the existing PERM if absolutely required.

People who downgraded to EB3 from EB2 anyways have both Eb2 and EB3 applications to choose from, if EB2 FAD are favorable than EB3 FAD.

And all power to them.

[AceMan]

Ace .. your insinuation above that EB2 applicants were not qualified and cheated on it because they want to downgrade now is obnoxious and condescending.

If the highlighted text is what you felt most related from what I posted, I can't help it.

[AceMan]

When i say I-140 is formality I meant this .... Job validation done at the time of PERM. and it qualifies for say EB2 category ( till now I thought PERM waiver was only for National interest waiver EB1s basically self petition and companies had to file PERM for EB1 applications as well) .I-140 can be filed at any category at or below the bar.

Companies have done so repeatedly under "Company policy".
No Rules are ignored when person files for EB3 based on the PERM that was used for EB2 approval.
As you rightly said EB3->EB2 upgrade will require another PERM ONLY IF the initial PERM was specific to EB3 job. In my case in point, I have confirmed that the PERM filed for me qualifies for EB2, so I will not need a new PERM for EB2 upgrade either.

Expecting people to stay in the buckets when there are no such buckets in law/rule is what I am trying point out here.

I think you are still not fully understanding what I said. People are upgrading and downgrading. If you look at October 2018 filers, almost all the people who downgraded are Eb2 filers who upgraded from Eb3 after 2012. IF they had upgraded before 2011 they would have been able to adjust the status in 2012 itself. For the people who are comparing the perms to 10K and 5K analogy, I have better one. You are paying for 2 buffets and 1 set of buffet is getting wasted. You are using up a valuable resource, when you can do without it. It is not just the rules I am talking about. Once you downgrade you try and apply for premium when it is explicitly not allowed. Now some lawyers found the loop hole and figured out if it goes to the same service center they might accept it. This made sure that all the people started applying for premium and use up the resources when they should not be.

Eb2-3 downgrade is not against the rule, it is the follow up actions.

And the same person is magically going to try and qualify back in EB2 when that dates move forward. I absolutely respect these people for their tenacity. But that does not change the fact that they are aayarams and gayarams.

[AceMan]

The USCIS does not break this into rigid categories as you put it. From the USCIS standpoint it is like the following, If a person has demonstrated beyond shadow of doubt that he can compete and perform in 10K competitions (EB2 in this case), it is ridiculous on their part to ask these folks to prove that they have the stamina to compete in 5K competitions (EB3 in this case as it's usually a subset of eb2 requirements). So you can use the same perm to downgrade. Just because someone has participated in 5K competitions does NOT mean that their initial claim of being able to complete in 10K meets are now fraudulent.

I agree that EB2I may benefit from future spillovers if EB1 is current. But for most of the people, a bird in hand is better than two in the bush. Are you willing to let go of the ability to file 485 in hopes of a potential windfall in the future for EB2?

If you think Eb3 is a subset of EB2 why do they even keep it separate? I understand that you want getting into 485 queue and having an EAD and using AP is much better than being on H1. I respect that it is a common sense thing to do. Most probably you think I would have also done it. However if the scenario for new round of spill over happens from family and Eb2 I is the beneficiary can you honestly say that you will stay back in EB3 or will you try and attempt to get to Eb2 (with the same bird story!!!)

If you did not do it, I can assure you 95% of the people who downgraded are going to try that. You will still ask what is the problem with that? I would still say those guys are using up the USCIS resources for stuff which should not have been wasted if they had stayed put in the first place.

[AceMan]

People who downgraded to EB3 from EB2 anyways have both Eb2 and EB3 applications to choose from, if EB2 FAD are favorable than EB3 FAD.

And all power to them.

Are you sure with that? May be you want to check the difference between an amended and a new petition.

[texas_]

If you think Eb3 is a subset of EB2 why do they even keep it separate? I understand that you want getting into 485 queue and having an EAD and using AP is much better than being on H1. I respect that it is a common sense thing to do. Most probably you think I would have also done it. However if the scenario for new round of spill over happens from family and Eb2 I is the beneficiary can you honestly say that you will stay back in EB3 or will you try and attempt to get to Eb2 (with the same bird story!!!)

If you did not do it, I can assure you 95% of the people who downgraded are going to try that. You will still ask what is the problem with that? I would still say those guys are using up the USCIS resources for stuff which should not have been wasted if they had stayed put in the first place.

If this situation comes I would keep both the birds in hand and leave none in bush!! Keepin' all my birds in a row... :)

[phkb2020]

Just out of curiosity, how many of Eb2I 2012 filers with priority dates between July 09 and May 2010 downgraded to EB3 when EB3 FAD dates moved past EB2?
I for one have stayed put. Folks in my friend circle have stayed put. Any folks in the forum who have downgraded?

[alpha0]

The USCIS does not break this into rigid categories as you put it. From the USCIS standpoint it is like the following, If a person has demonstrated beyond shadow of doubt that he can compete and perform in 10K competitions (EB2 in this case), it is ridiculous on their part to ask these folks to prove that they have the stamina to compete in 5K competitions (EB3 in this case as it's usually a subset of eb2 requirements). So you can use the same perm to downgrade. Just because someone has participated in 5K competitions does NOT mean that their initial claim of being able to complete in 10K meets are now fraudulent.

I agree that EB2I may benefit from future spillovers if EB1 is current. But for most of the people, a bird in hand is better than two in the bush. Are you willing to let go of the ability to file 485 in hopes of a potential windfall in the future for EB2?

During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.

[AceMan]

If this situation comes I would keep both the birds in hand and leave none in bush!! Keepin' all my birds in a row... :)

And the bird we are talking about is a GC. Do you need 2 or 3 GC?s for yourself?

[incredible]

Hi All

I have received an RFE for I485 of both mine and spouse's. The actual document has not yet arrived, so I do not know what the RFE is for. I am expecting it to be a regular RFE for medicals, G325 and/or Supplement J. Though, i am not sure why USCIS will request for supplement J. I have changed jobs in Feb of 2020 and submitted supplement - J as part of it and it is not yet approved from USCIS. Also, like most of the folks I did receive RFE for Supplement J, medicals back in 2018 and have submitted at that time. Also, the supplement J submitted back in 2018 was approved in six months. Just for your information I have filed 485 back in 2012 with NSC and priority date of EB2 02/01/2010.

[incredible]

Hi All

I have received an RFE for I485 of both mine and spouse's. The actual document has not yet arrived, so I do not know what the RFE is for. I am expecting it to be a regular RFE for medicals, G325 and/or Supplement J. Though, i am not sure why USCIS will request for supplement J. I have changed jobs in Feb of 2020 and submitted supplement - J as part of it and it is not yet approved from USCIS. Also, like most of the folks I did receive RFE for Supplement J, medicals back in 2018 and have submitted at that time. Also, the supplement J submitted back in 2018 was approved in six months. Just for your information I have filed 485 back in 2012 with NSC and priority date of EB2 02/01/2010.

Also, I have a quick question and need guidance from seasoned folks here. I am in discussion with one of the top 4 consulting firms and my offer may be finalized in the next 2 to 3 weeks. With this RFE and if it asks for Supplement J, should I submit everything now and wait for GC before moving on to the large company (not necessarily sure, if they would wait though). Or should I ask the new company to speed up the process and provide me the supplement J and then file response to the RFE?? Any suggestions are appreciated.

[idliman]

Hi All

I have received an RFE for I485 of both mine and spouse's. The actual document has not yet arrived, so I do not know what the RFE is for. I am expecting it to be a regular RFE for medicals, G325 and/or Supplement J. Though, i am not sure why USCIS will request for supplement J. I have changed jobs in Feb of 2020 and submitted supplement - J as part of it and it is not yet approved from USCIS. Also, like most of the folks I did receive RFE for Supplement J, medicals back in 2018 and have submitted at that time. Also, the supplement J submitted back in 2018 was approved in six months. Just for your information I have filed 485 back in 2012 with NSC and priority date of EB2 02/01/2010.
It is NSC and you have expired medicals that were submitted in 2018. It may be that NSC is doing another round of RFEs for folks till May 2010 to keep their files updated and ready to be approved. So may be it is just for I-693 only or they used a standard template and asked for usual things. Just wait.


Also, I have a quick question and need guidance from seasoned folks here. I am in discussion with one of the top 4 consulting firms and my offer may be finalized in the next 2 to 3 weeks. With this RFE and if it asks for Supplement J, should I submit everything now and wait for GC before moving on to the large company (not necessarily sure, if they would wait though). Or should I ask the new company to speed up the process and provide me the supplement J and then file response to the RFE?? Any suggestions are appreciated.
It all depends on the deadline for RFE. Can you get a new offer and at the same time meet the RFE deadline? If you do a I485J with the new company then there is no need for you to do another I485J. However, I am suspecting that once your file is complete after replying to RFE from the present company, I don't think the AO will look for anything more. He/she will approve and go. Anyway no matter what meet the RFE deadline (otherwise your I485 is abandoned). I prefer to go with new I485J. But it does not matter a lot. You can always request them to send another I485J after joining the new company. Wait for replies from others who might have done similar thing and then decide.

[AceMan]

During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.

On point without any ambiguity.

[incredible]

It is NSC and you have expired medicals that were submitted in 2018. It may be that NSC is doing another round of RFEs for folks till May 2010 to keep their files updated and ready to be approved. So may be it is just for I-693 only or they used a standard template and asked for usual things. Just wait.


It all depends on the deadline for RFE. Can you get a new offer and at the same time meet the RFE deadline? If you do a I485J with the new company then there is no need for you to do another I485J. However, I am suspecting that once your file is complete after replying to RFE from the present company, I don't think the AO will look for anything more. He/she will approve and go. Anyway no matter what meet the RFE deadline (otherwise your I485 is abandoned). I prefer to go with new I485J. But it does not matter a lot. You can always request them to send another I485J after joining the new company. Wait for replies from others who might have done similar thing and then decide.

Thank you for your quick reply. It is strangely great feeling of relief mixed with anxiety. Great feeling for potentially getting greened in the coming months. Anxiety on new company discussions, etc. Anyways, I will wait and see what is in there and also wait for other experts comments.

[LeoAugust]

Are you sure with that? May be you want to check the difference between an amended and a new petition.

Downgrade Eb2 to EB3 as new application will keep the i140 of EB2 in tact. If EB2 moves fast they dont have to upgrade. They just have to use the i140 to files AOS again. This is my understanding.

[Transformer]

My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)

I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.

Unfortunately new employer can't file I-140 for PERM from a different employer. They have to start from PERM again. Try to negotiate with your current employer by explaining kids age out scenario.

[Transformer]

During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.

Agree with the logic but unfortunately EB immigration in this country has no logic, only LAW. If there is a logic then I don't believe people waiting in line for 10-15 years. I think everyone (from backlogged countries) trying their best to get the GC faster in what is allowed under the LAW. I don't blame the individual but the immigration system.

[idliman]

My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)

I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.
As per my understanding, if you are not with the same employer who originally filed PERM and I-140, you have to do a new PERM and I-140. I am sorry that you have to go through the kid age-out scenario.

The age-out stops only when the "FA" dates are current. Right now for your PD, only the "DF" is current. So your son still faces an age-out scenario when he is 21. I would suggest you to count 180 days, use AC21 and port to a new employer and file PERM/I-140 EB3 application immediately. PERM / I-140 if you speed through can be completed in one year time. The "FA" for your PD is most likely to be current in EB3 before EB2.

I know people are very optimistic about big movement of EB2 this year (including myself). But until that happens nothing is certain. You have a pressing deadline / age-out scenario. So take whatever steps you can to lock your son's age. So IMO you need to have applications in both EB2 & EB3. The waiting game from 2012 has given me the experience of doing whatever we can open multiple lanes for path to GC. If EB2 FA becomes current that will be great. However, we need to also prepare for the worst case. Good luck.

Edit: Forgot to mention that prepare for AC21. Get copies of approved PERM so that you can have a)SOC code, b) Job title and c)Job description. If employer is not sharing PERM, use FOIA to get older copies.

[AceMan]

Downgrade Eb2 to EB3 as new application will keep the i140 of EB2 in tact. If EB2 moves fast they dont have to upgrade. They just have to use the i140 to files AOS again. This is my understanding.

Let us take it step by step. The first line filing it as a new application will keep EB2 140 intact is a correct understanding.

However to my understanding the law firms are filing the EB3 140 as amended citing some Neumann memo which claims a new petition with an expired labor can be rejected.

So the people can confirm with their attorney's if their downgrade petition was new or amended.

[inspired_p]

During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.

Again , thats why i keep repeating the 10k and 5K differenciation is tied to the PERM and not i-140. Hence i-140 can be applied in lower category only. I-140 is not deciding which americans got overlooked ; PERM process is and thats still kosher

[AceMan]

Agree with the logic but unfortunately EB immigration in this country has no logic, only LAW. If there is a logic then I don't believe people waiting in line for 10-15 years. I think everyone (from backlogged countries) trying their best to get the GC faster in what is allowed under the LAW. I don't blame the individual but the immigration system.

No, you cannot have both ways. These are the people who having being fighting for fairness and when a chance comes they have no qualms to attempt to run in the middle of 2 lane road. This has to be pointed as a clear case of hypocrisy when the individual should not have been in Eb2 in the first place, now downgrading to Eb3 and when chance comes they want to run back to EB2 citing the law does not prevent them from doing it.

[EB2IndSep09]

My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)

I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.

Sorry to hear about your situation, there are thousands of families in the same situation unfortunately due to the obvious know reasons to all.
I believe your son's I485 petition also has been applied in Oct 2020.
Why do you think he is going to age out? As per CSPA Age calculation, your son's age at any point when the visa numbers are available is going to stay as 18.5 Years based on the AOS filing date.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7 - Refer to "2. Child Status Protection Act Age Calculation" under "F. Family and Employment-Based Preference and Diversity Immigrants"

Only benefit you might have is to get the card earlier if EB3 moves faster than EB2 which no one can predict. Take an appropriate decision weighing all facts.

[inspired_p]

No, you cannot have both ways. These are the people who having being fighting for fairness and when a chance comes they have no qualms to attempt to run in the middle of 2 lane road. This has to be pointed as a clear case of hypocrisy when the individual should not have been in Eb2 in the first place, now downgrading to Eb3 and when chance comes they want to run back to EB2 citing the law does not prevent them from doing it.
I am done , keep judging people based on your biased misconceptions

[LeoAugust]

Let us take it step by step. The first line filing it as a new application will keep EB2 140 intact is a correct understanding.

However to my understanding the law firms are filing the EB3 140 as amended citing some Neumann memo which claims a new petition with an expired labor can be rejected.

So the people can confirm with their attorney's if their downgrade petition was new or amended.

If the they amend the existing i140 and it get rejected it will put the case in jeopardy. Hence most of the case instead of going for amend they go for new application. incase new one get rejected person can have their already approved i140 to use. He may not take advantage of AOs but he will be safe with i140 and continue with h1b. I am pretty clear and confirmed on this understanding.

[Transformer]

No, you cannot have both ways. These are the people who having being fighting for fairness and when a chance comes they have no qualms to attempt to run in the middle of 2 lane road. This has to be pointed as a clear case of hypocrisy when the individual should not have been in Eb2 in the first place, now downgrading to Eb3 and when chance comes they want to run back to EB2 citing the law does not prevent them from doing it.

You are entitled to your opinion and everyone to their own, lets respect each other. What ultimately matters is how USCIS perceives it. They are fine with it so far. I am not willing to continue further on this topic.

[vsivarama]

During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.

You are undercutting your own argument here. We are not filing a new perm here to say job responsibilities are in fact less. Just using the same perm to qualify in EB3. If you have 20 years of experience and want to apply for a mid-level developer position requiring 5 years of experience, I do not see any legal violations here. That's how USCIS sees this. My proof for the fact is the 1000s of downgrade applications approved so far by USCIS in last decade or so. Ask yourself this, when was the last time USCIS went above and beyond the letter of the law to help out hapless immigrants?

[AceMan]

I am not a judge, I am just pointing out the facts at the crowd who have been wronged for a long time in their search for fairness. From 2010-2020 every body qualified on EB2, every other Eb3 rushed to clog the EB2 irrespective of where they are with the dates. From 2018 it is the reverse path.

This was clear when Eb2 I is still not reached from the dates it reached 9 years back. And in 2018 when EB3 moved forward the downgrades held it back with no forward movement. These are hard facts and not my bias or misconception. This site provides a wealth of information on the number of Eb3 applicants for more than a decade.

Don't blame the fact checker when you are shown the truth. Closing the eyes, or accusing me of bias and misconception just don't change the fact the people changing the queue slows down the process.

It is an individual choice of what to do. I am clearly showing the consequences of wrong choices over the last 10 years and repeating the same mistake is not going to help anybody. All it results in people jumping from one bucket to another. Yes, the lawyers are benefited from it.

[mitul75]

Should'nt we consider the possiblity that USCIS is processing way less FB cases compared to a non Pandemic year and that might give them enough time to process all 150K visas?
As far as I know, most family based green cards are issued at local US embassies/consulates and the USCIS service centers are not involved. So the workload for FB visas is distributed to a bigger workforce. EB GCs on the other hand are mostly issued by USCIS service centers and due to COVID, most of these centers are running with a depleted workforce. Without a dramatic increase in staffing, I imagine most of the FB-EB spillover visas will get wasted.

[vsivarama]

Don't blame the fact checker when you are shown the truth. Closing the eyes, or accusing me of bias and misconception just don't change the fact the people changing the queue slows down the process.

It is an individual choice of what to do. I am clearly showing the consequences of wrong choices over the last 10 years and repeating the same mistake is not going to help anybody. All it results in people jumping from one bucket to another. Yes, the lawyers are benefited from it.

So through your fact based judgment can you show how many EB3/EB2 visas got wasted in the past decade because of EB3 to EB2 upgrades? It may slow down the process and add confusion. But we have done all the number crunching in this forum and have found no wastage. If someone qualifies in EB3, great a slot opens up in EB2 and vice versa. As you pointed out, no one is getting 2-3 GCs. If USCIS wants to sit on the cases it will find a reason to do so. The same goes in the reverse.

P.S. If you want to talk about last years wastage, we all know upgrades/downgrades were not the cause of it.

[aGCHopefull]

Sorry to hear about your situation, there are thousands of families in the same situation unfortunately due to the obvious know reasons to all.
I believe your son's I485 petition also has been applied in Oct 2020.
Why do you think he is going to age out? As per CSPA Age calculation, your son's age at any point when the visa numbers are available is going to stay as 18.5 Years based on the AOS filing date.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7 - Refer to "2. Child Status Protection Act Age Calculation" under "F. Family and Employment-Based Preference and Diversity Immigrants"

Only benefit you might have is to get the card earlier if EB3 moves faster than EB2 which no one can predict. Take an appropriate decision weighing all facts.

Could someone please confirm this? If the I 485 has been filed for the child when he/she was 18.5 years of age (but the final action date was not current), would child still age out at 21 if FAD is still not current at that point (when child turns 21)?

[Transformer]

I believe your son's I485 petition also has been applied in Oct 2020.
Why do you think he is going to age out? As per CSPA Age calculation, your son's age at any point when the visa numbers are available is going to stay as 18.5 Years based on the AOS filing date..

CSPA is only applied if dates are in Final Action Dates not in Date of filing chart. Child date is not locked until his PD moves to FAD. Unfortunately nothing much we can do, even I have a kid aging out in 4 years. With May 2011 date my attorney advised not to file AOS for the kid as it may create problems in future when he wants to change to F1.

[aGCHopefull]

Could someone please confirm this? If the I 485 has been filed for the child when he/she was 18.5 years of age (but the final action date was not current), would child still age out at 21 if FAD is still not current at that point (when child turns 21)?

reading https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

Instead of freezing the age of the applicant on the filing date, CSPA provides a formula by which the applicant’s CSPA age is calculated that takes into account the amount of time the qualifying petition was pending.

Age at time of visa availability - Pending time = CSPA Age

Seems like this pending time is based on when actually visa number was available - when FAD got current

Can someone please confirm this?

[inspired_p]

I am not a judge, I am just pointing out the facts at the crowd who have been wronged for a long time in their search for fairness. From 2010-2020 every body qualified on EB2, every other Eb3 rushed to clog the EB2 irrespective of where they are with the dates. From 2018 it is the reverse path.

This was clear when Eb2 I is still not reached from the dates it reached 9 years back. And in 2018 when EB3 moved forward the downgrades held it back with no forward movement. These are hard facts and not my bias or misconception. This site provides a wealth of information on the number of Eb3 applicants for more than a decade.

Don't blame the fact checker when you are shown the truth. Closing the eyes, or accusing me of bias and misconception just don't change the fact the people changing the queue slows down the process.

It is an individual choice of what to do. I am clearly showing the consequences of wrong choices over the last 10 years and repeating the same mistake is not going to help anybody. All it results in people jumping from one bucket to another. Yes, the lawyers are benefited from it.

I have no bones to pick on your opinion if moving from eb2 to eb3 or vice versa is beneficial or not. It might be counter productive.I think I have amply proven that based on PERM ; it is perfectly okay to file both applications ; by the letter of the law as well as the essence of the law. All the power to people who do that.

[vsivarama]

Could someone please confirm this? If the I 485 has been filed for the child when he/she was 18.5 years of age (but the final action date was not current), would child still age out at 21 if FAD is still not current at that point (when child turns 21)?

Unfortunately Filing Date doe NOT lock a child's age. The link specifically refers to Final Action Date. Hope it changes in the current administration. So answer to your question is that the child will still age out. Hope there is swift relief to the thousands facing this ordeal.

[mitul75]

Another way to look at the EB1-EB2-EB3 debate is we all are applying for a future job, and the employer will do whatever is in the best interest of the company at the time of hiring the employee. If a company has a Job A open today that requires hiring of candidates with "advanced degrees or exceptional ability", then they will hire someone that best fits the bill, whether it's a US citizen or a foreign national.
Once that someone, who happens to be from India without a green card, becomes a senior and valued member of the company, the company will do whatever it can to keep the employee happy and continue with the job. At that point in time, if a opportunity opens up for this employee to legally downgrade his GC petition and fast track his GC process, then I don't think the company will think twice to apply for an I-140 petition to downgrade, since it will be in the best interest of the company not to lose a senior and experienced staff who can now do both Job A requiring "advanced degrees or exceptional ability", and Job B that only needs a "skilled worker" in the same job category, rather than hiring a new candidate, let's say a US citizen, who would now need to be trained at a higher cost to do Job B.
After all, it's a free-market economy.

[aGCHopefull]

Unfortunately Filing Date doe NOT lock a child's age. The link specifically refers to Final Action Date. Hope it changes in the current administration. So answer to your question is that the child will still age out. Hope there is swift relief to the millions facing this ordeal.

What happens if FAD becomes current for a child (let's say May 11) but somehow gets retrogressed again?

[AceMan]

So through your fact based judgment can you show how many EB3/EB2 visas got wasted in the past decade because of EB3 to EB2 upgrades? It may slow down the process and add confusion. But we have done all the number crunching in this forum and have found no wastage. If someone qualifies in EB3, great a slot opens up in EB2 and vice versa. As you pointed out, no one is getting 2-3 GCs. If USCIS wants to sit on the cases it will find a reason to do so. The same goes in the reverse.

P.S. If you want to talk about last years wastage, we all know upgrades/downgrades were not the cause of it.

From 2010-2017 I have followed the EB3 specific numbers which can be verified in DHS statistics as well as the Immigration year book. EB3 had a shortage of about 17,000 for these years, however those numbers were used by other EB categories so it ends up as a zero sum game which prompts you to say no wastage. Those EB3 numbers were a loss for EB3 India applicants. Now you may say they were compensated by upgrading to EB2.

Let us look at October 2018 when the first instance of reverse usage came into prominence. For FY 2019 EB3 I got more than 5000 visas however the dates moved back mid year.

2020 is a one of the kind year with covid and we got only about 138 K for entire EB category when it was supposed to get 156 K.

Any loss of visa when people are waiting directly impacts the backlogged people. A person will downgrade their petition citing USCIS accepts it, valid case itself, now what do you have to say about that person pushing the 140 petition to premium when dates are not even current, and that is clearly forbidden by the law, but people still do it because of some loop hole?

[AceMan]

I have no bones to pick on your opinion if moving from eb2 to eb3 or vice versa is beneficial or not. It might be counter productive.I think I have amply proven that based on PERM ; it is perfectly okay to file both applications ; by the letter of the law as well as the essence of the law. All the power to people who do that.

It is perfectly legit to do that. My wish of anything different is not the USCIS rule. I was clearly pointing out the people who have downgraded now by amending their petition is going to fill up the pages in October 21 on how they are entitled to be back in EB2 queue.