EB2-3 Predictions (Rather Calculations)

[idliman]

What happens if FAD becomes current for a child (let's say May 11) but somehow gets retrogressed again?
The first time the FA becomes current for you, the child's age gets locked. It does not matter if FA dates keep current or retrogress. The child will get his/her GC.

The unfortunate thing is that this is just a policy by USCIS. They can change it to "DF" dates instead of "FA" with some activism. Don't know why they were so rigid on locking dates only for "FA".

[vsivarama]

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

Then the child's age will get locked in at that date. Does not matter if you get your GC after a decade. The child is protected.

[Transformer]

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

It will lock the age even if it was retrogressed later. I have friends who applied in 2012 and haven't received GC yet (there was only FAD at that time). One of friends kid is 24 now, but his age is locked when he filed. I don't have to tell you that dates retrogressed later for them.

[AceMan]

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.

I have been searching around, and it seems that Neufield memo from 2007 (https://www.aila.org/infonet/uscis-neufeld-ac21-memo) states something else. The interpretation which is disputed is saying that possibility of rejection for NEW petition is high.

[inspired_p]

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.

AND they are ENTITLED .. that's the point !

[delguy]

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.

EB3 folks did exactly the same for last 10 years, upgrading to EB2 and jumping the queue. I am EB2 with June 2010 PD and never complained. If EB2 is doing the same which is allowed ny USCIS, there shouldnt be any issue now. I encouraged 2 of my friends to downgrade to EB3 and take advantage of date movement. EB2 /3 is just same. We go with whichever we seems to think is going to move faster.

[LeoAugust]

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.

If the child get a EAD based on the AOS filled on filling date, wont he be protected? Just wish to know

[LeoAugust]

I have been searching around, and it seems that Neufield memo from 2007 (https://www.aila.org/infonet/uscis-neufeld-ac21-memo) states something else. The interpretation which is disputed is saying that possibility of rejection for NEW petition is high.

All new petitions are getting approved with PP. Those who files PP without waiting they are asked to apply later. Also there are case of i140 rejection as well but it is very less compare to approve.

[moonlight]

It will lock the age even if it was retrogressed later. I have friends who applied in 2012 and haven't received GC yet (there was only FAD at that time). One of friends kid is 24 now, but his age is locked when he filed. I don't have to tell you that dates retrogressed later for them.

What documentations are required to evidence the locking of Child age in case of retrogression?

[Transformer]

What documentations are required to evidence the locking of Child age in case of retrogression?

Nothing. It is done automatically by USCIS.

[vsivarama]

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.

If everyone stayed put in their queues over the last decade, EB2 may had been in 2011 or 2012 and EB3 would have been in 2007-2008 range. Now both are moving a few months apart. So it depends on the perspective if you want to call it wastage.


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.

I 100% agree with you here.


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?

I certainly do not know about loopholes here so will not comment on them. If it is forbidden by law USCIS should reject premium processing, period. If they are accepting it then I would say it's either legit or that's how they interpreted the law.

[Transformer]

If the child get a EAD based on the AOS filled on filling date, wont he be protected? Just wish to know

No. EAD is just a biproduct of pending AOS. Once they age out their AOS is rejected, EAD is invalidated, unless FAD is current before age out.

[LeoAugust]

No. EAD is just a biproduct of pending AOS. Once they age out their AOS is rejected, EAD is invalidated, unless FAD is current before age out.

Oh... that's scary. I did not know that. I thought age locked once child has EAD. This is serious. Many of the folk's child aging out is not aware of this it seems.

[incredible]

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.

Seems USCIS is working in overdrive suddenly. Supplement J that I have applied back in 2020 Jan and was pending for long time, suddenly got approved today. This makes me believe that the RFE (not yet received the documents) may only be related to medicals. There may be a good chance of dates advancing to early 2010 (FAD) very soon for EB2 based on sudden activities that we are seeing.

[AceMan]

If everyone stayed put in their queues over the last decade, EB2 may had been in 2011 or 2012 and EB3 would have been in 2007-2008 range. Now both are moving a few months apart. So it depends on the perspective if you want to call it wastage.


The spill over works with EB1,EB2 and Eb3. People grow up in the career and EB3-2 is natural progression. Eb2 has 320,000 applicants and Eb3 has 69,000 applicants. You don't grow downwards in your skill unless you change a job or apply for a new position.






I certainly do not know about loopholes here so will not comment on them. If it is forbidden by law USCIS should reject premium processing, period. If they are accepting it then I would say it's either legit or that's how they interpreted the law.

Since you are comfortable with analogies I will give you an example. There are items available at display in Walmart and may other places. People "accidentally" keep that items in the bag and they walk out. When caught they feign innocence. I have seen lot of people trivializing shop lifting when it is a very serious offense which can lead to a GC denial.

USCIS rule book says premium processing not allowed when the original PERM is not attached. Premium process is the ability to use a resource for working on an item which requires immediate assistance and this limited resource is used for something which should not be even applied in the first place.

You wanted to know earlier that downgrades are not a reason for delay. I can say that after more than 100 days of applying my status is still finger print received which is the status for a vast majority of applicants. With no applicants from around the world what else do you think is the reason for it?

[ak7419]

Seems USCIS is working in overdrive suddenly. Supplement J that I have applied back in 2020 Jan and was pending for long time, suddenly got approved today. This makes me believe that the RFE (not yet received the documents) may only be related to medicals. There may be a good chance of dates advancing to early 2010 (FAD) very soon for EB2 based on sudden activities that we are seeing.

Just an FYI. There are lot of folks like me who got current five months ago and have not received any RFE.

[vsivarama]

The spill over works with EB1,EB2 and Eb3. People grow up in the career and EB3-2 is natural progression. Eb2 has 320,000 applicants and Eb3 has 69,000 applicants. You don't grow downwards in your skill unless you change a job or apply for a new position.

I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.


Since you are comfortable with analogies I will give you an example. There are items available at display in Walmart and may other places. People "accidentally" keep that items in the bag and they walk out. When caught they feign innocence. I have seen lot of people trivializing shop lifting when it is a very serious offense which can lead to a GC denial.

USCIS rule book says premium processing not allowed when the original PERM is not attached. Premium process is the ability to use a resource for working on an item which requires immediate assistance and this limited resource is used for something which should not be even applied in the first place.

I do not know what point you are trying to make here. It looks like an apples to oranges comparison to me. If the law says you are not allowed to buy beer under the age of 21, then if you are caught not having paid for it you do NOT get the option to pay for it and leave (if you are a minor). USCIS is under NO OBLIGATION to premium process an application if it is against the law (If it's a grey area then it's a different issue). Not sure how much more clear I can be on this. You can try and premium process your 485 or EAD and see what the USCIS has to say about it.


You wanted to know earlier that downgrades are not a reason for delay. I can say that after more than 100 days of applying my status is still finger print received which is the status for a vast majority of applicants. With no applicants from around the world what else do you think is the reason for it?

You can read my previous statements, I said we had not seen visa wastage as a result of upgrades in last decade. I did acknowledge there will be delays and confusion. As for your inconvenience, I do apologize for having the temerity to downgrade my case. I should have known better.

[monsieur]

......... If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. ...........

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

[gc2021]

Hello Guru's,

I have approved H1B(valid till 2023) with my current employer and I have approved EAD/AP through Adjustment of status. If I want to switch from H1 B status to EAD what should my employer do ? Need to update I-9 ? How does USCIS know what is my current visa status ? H1B vs Pending 485?

My wife is working on H4 EAD which is valid for another two years and now her GC EAD also approved . Is she need to inform her employer with GC EAD details or her H4 EAD still fine?

[Moveon]

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

Well I have seen many people move from IC roles to Managerial roles but all stayed in EB-2 and some used that to move from EB-3 to EB-2 . I filed EB-2 back in 2009 as an IC and got my EAD in 2012. I then took up a senior manager role at my previous and current company with Fragoman and BAL as the lawyers. I still have 75% of my duties as that of an architect but do manage a team of ~10 . I did not have to downgrade or file a new petition . Both the law firms said that it was a natural progression and as the Technical role was still maintained it was not a problem.
Did you have to file a new petition when you moved to a managerial position ? Were the job duties completely different .

[inspired_p]

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

Your case combined with mine gives complete clarity that job description and qualification/experience on the PERM determines if EB2/ EB2 "can" be applied. in which eligible category the I-140 is applied is moot and the rules/law no say about it either ways. People just like to play "Us Vs Them".
I repeat again … I know many companies who only file in EB3 as it is their "policy" no matter what the job actually qualified for.

We can always debate if it is helpful for individual or to the entire waiting community to jump from EB2 to EB3 or vice vers. But I find it obnoxious when legality/morality is getting questioned with some notion that is not based on facts.

[vsivarama]

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

Thank You, for so eloquently making the point for me. That's exactly how I should have said it. I would say a lot of folks in this forum would even qualify for EB1C if the 1 year, work (manage people) outside of US qualification was not there. Even the lawyers with their interpretation could bump up or down your eligibility.

[AceMan]

I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.



I do not know what point you are trying to make here. It looks like an apples to oranges comparison to me. If the law says you are not allowed to buy beer under the age of 21, then if you are caught not having paid for it you do NOT get the option to pay for it and leave (if you are a minor). USCIS is under NO OBLIGATION to premium process an application if it is against the law (If it's a grey area then it's a different issue). Not sure how much more clear I can be on this. You can try and premium process your 485 or EAD and see what the USCIS has to say about it.



You can read my previous statements, I said we had not seen visa wastage as a result of upgrades in last decade. I did acknowledge there will be delays and confusion. As for your inconvenience, I do apologize for having the temerity to downgrade my case. I should have known better.

The premium process I am talking about is for 140. But again you can wake up a person who is sleeping, you cannot if one is pretending to sleep.

I will agree to the part this discussion has run its course and it is up to the individual to decide if a change in category can help them or not. I respect the fact that you are a fellow immigrant who believes what you did is right, I am another immigrant who has very strong opinions on people who downgrade.

[AceMan]

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

Very good point. What people who are using your post to justify downgrade is missing the fundamental fact that you have changed jobs.

[vedu]

I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.



Vsivarama,

I support your viewpoint on this. You did the right thing by downgrading. Securing EAD/AP for you and your family is worth its weight in gold (It's not that heavy anyways! :D). One should do anything possible, upgrade/downgrade to get in the AOS status.

If one already has an EAD/AP, then should he/she downgrade? I say "Yes", particularly if your employer is paying and if it means you can get your GC 6-7 months earlier. What do you have to lose? We are nobody to judge morality of it. Let the USCIS worry about that.

[idliman]

Coming back to predictions. Here's whats Feb 2021 Visa Bulletin says about potential monthly movement.

EMPLOYMENT-based categories (potential monthly movement)
EB1 - India: Up to six months
EB2 - India: Up to two weeks
EB3 - India: Up to three weeks

So the best case scenarios for FA dates in Mar 2021 VB are
EB1I - 01JUL20
EB2I - 26OCT09
EB3I - 22APR10

In reality the actual movements will be lower than what's stated in past VB.

[idliman]

Hello Guru's,

I have approved H1B(valid till 2023) with my current employer and I have approved EAD/AP through Adjustment of status. If I want to switch from H1 B status to EAD what should my employer do ? Need to update I-9 ? How does USCIS know what is my current visa status ? H1B vs Pending 485?

My wife is working on H4 EAD which is valid for another two years and now her GC EAD also approved . Is she need to inform her employer with GC EAD details or her H4 EAD still fine?
Welcome to this forum.

Is there a reason why you want to switch to EAD when you have a valid H1B status? H1B status has its own advantage (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP?p=69234&viewfull=1#post69234). Your employer will complete a I-9 and submit or if you use AP to reenter the country (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155), you will automatically go to "AOS Pending" or "DA" status. I would recommend you to stay in H1B and later on when you travel you will automatically go to "DA" status.

For your spouse, it is a good idea to move to GC EAD instead of H4 EAD. H4 EAD is based on a rule that can be cancelled any time (DT admin tried to cancel it). GC EAD is based on a law and it cannot be cancelled that easily. Your spouse can stay on "AOS Pending" and you can stay on H1B. The beauty is there is no USCIS fee to renew EAD/AP with I485 pending. See details in EAD/AP thread (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

If you use EAD/AP, your wife will also move to "AOS Pending" status and will have to fill a new I-9. However, if she moves to "AOS Pending", you still stay with current status. Hope this helps.

[gthbvf]

AC21/Porting/CSPA Protection (hypothetical scenario)


PD: May/2011
Previous Employer filed I-140 EB2 (PD May/2011)
Current Employer Filed EB3 (PD ported)
Employee filed AOS (Oct/2020) based on I-485J provided by Current Employer (EB3) . Employee should get EAD before May-2020

Question:
IF FAD for EB2 moves to May/2011 at end of FY2021 (While FAD EB3 does not move to May/2011)

Can employee go back to previous employer under AC21 start working on EAD and then request to USCIS to Transfer of Underlying Basis to adjudicate AOS case under EB2 FAD ? ie .. 485J from previous employer

Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job :)
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.



----------------------------

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.

[monsieur]

@Moveon - Did you have to file a new petition when you moved to a managerial position ?

Yes, Its a new job so started from scratch i.e Perm + I-140. I am still waiting for perm to be approved before I can file I-140.


@inspired_p - job description and qualification/experience on the PERM determines if EB2/ EB2 "can" be applied.

This is absolutely correct. Its always Job Description AND Qualification of candidate which determines EB category. It can’t be just one. We always get carried away with qualification of candidate without giving thought about Job Description.

@vsivarama - Hehe so true my Internet friend; I do have lawyer certificate which gives me property rights on moon so yeah I agree that if they want they can make any person as EB-1 candidate.

@Aceman - Buddy your frustration is USCIS is progressing slowly. Thats an agency problem, reason is whether lack of funding, political agenda or genuine surge of immigration in USA (legal, illegal both) is bringing to its knees. Keep in mind, apart from EB GC, they are responsible for ALL Visa category which is much much bigger workload. Agency needs overhaul in terms of rules and regulation but most imp in attitude. Maybe they are immigrant friendly but us (EB-I) don’t see it coz of sheer number of us waiting for GC.

I know one thing, if we all can apply to EB1 or EB5 GC and get it next month we will do it in blink of an eye. I firmly believe that all of active users whose dates are in mid-2011 will be greened by this year end or max 2022. If this doesn't happen, Spec will share data to show where those GC number are allotted.

[idliman]

In a complicated scenario like yourself with uncertainties, try to break into simpler things first.

AOS Pending Status: It is where you have an I-485 receipt number. By itself, a) it does not allow you to work and b) it does not allow you to reenter the country. There is no requirement of work.

AOS Pending + EAD: EAD allows you to work when you are in AOS pending status.

AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more inf (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP)o.

AC21 or INA Section 204(j): It grants you ?job portability? after 180 days of pending I485 from ?Received Date? on I485 form I797 receipt notice.

I485 Supplement J: First understand that I485 / GC is for a future job that is stated on PERM. The first time you file I485, Supp J is for confirmation of Bona Fide Job Offer. After 180 days if you send Supp J it is a request for Job Portability Under INA Section 204(j) / AC21.

The moment you talk about AC21, the first rule is no matter what you have to meet the 180 day requirement. After 180 days, you are a "free agent" and you can go and work for any employer as long as the job is in ?same or similar? category. It goes without saying that you need to have an EAD to work in AOS Pending status.


AC21/Porting/CSPA Protection (hypothetical scenario)
Question: Can employee go back to previous employer under AC21 start working on EAD and then request to USCIS to Transfer of Underlying Basis to adjudicate AOS case under EB2 FAD ? ie .. 485J from previous employer

You are correct. After 180 days, you will use AC21 and port to previous employer and then request USCIS for ?Transfer of Underlying Basis? a.k.a Interfiling. You can move from EB2 to EB3 and vice versa as you have two sets of PERM+I-140 approved by two different employers. See Murthy article on this for more details / fine print (https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/).


AC21/Porting/CSPA Protection (hypothetical scenario)
Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job :)
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.

Yes you are correct. That?s why I recommend my friends who are facing age-out type scenario to maintain an EB2 and EB3 I140. Whichever queue becomes ?FA? current first, you can Interfile and lock the child?s age.

Hope this helps.

[monsieur]

AC21/Porting/CSPA Protection (hypothetical scenario)


PD: May/2011

Question:
IF FAD for EB2 moves to May/2011 at end of FY2021 (While FAD EB3 does not move to May/2011)

----------------------------

What makes you think this will happen i.e EB2 will reach May-2011 before EB-3?? Currently EB-3 is Apr-2010 and EB-2 is still in 2009.

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf My go to report as there is no way one person can go back in time and get their I-140 approved. Based on it there are total of 15K EB2+ 7K EB3 (total-22k) approved I-140 in 2010 and 30K total (22k - EB2, 8K EB3) in 2011.

Rough behind the napkin number says there are 60K folks (22k * 2 from 2010 + 15K * 2 from 2011; subtract 14K for folks with both partner I-140 + folks who upgraded to EB1) ahead of you. Keep an tab how many total EB2 and EB3 GC approved for India category in given year.

As you might have read discussion in this page, EB2 and EB3 category differentiation is no longer valid after 10 yrs. Folks move and their new petition get changed. EB2 and EB3 will go hand in hand. Things are too far, don't get stressed abt stuff which you can't control.

[ak7419]

Folks - I am trying to find current 485J supplement form on USCIS site. Found this one but it seems to have expired in Oct 2020. Can I still use it?

https://www.uscis.gov/i-485supj

[vedu]

AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more inf (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP)o.



Idliman,

I have a question about "AOS Pending + AP" scenario you have outlined above. I recently got my H1-B approved. I have also applied for AP (because last time USCIS gave me separate 2 year EAD and one year AP document). I am not sure how long it will take for USCIS to approve my AP. So, the question is...if I don't receive the AP in time and I have to travel for an emergency, I can take the H1-B visa appointment in India and leave the US without AP without jeopardizing my I485 application....right or wrong? And the second question...if for some reason the visa stamping gets declined in India, then I will be without any status and thus will jeopardize my I 485 application, and possibly won't be able to return to the US...right?

As such, I don't anticipate any issues with visa stamping, but just want to make sure that all the bases are covered and I am not overlooking any unforeseen scenario.

[idliman]

Idliman,

I have a question about "AOS Pending + AP" scenario you have outlined above. I recently got my H1-B approved. I have also applied for AP (because last time USCIS gave me separate 2 year EAD and one year AP document). I am not sure how long it will take for USCIS to approve my AP. So, the question is...if I don't receive the AP in time and I have to travel for an emergency, I can take the H1-B visa appointment in India and leave the US without AP without jeopardizing my I485 application....right or wrong?

Yes. But the catch is you have to be in H1B status at the time of departure to return back in H1B status. This will not abandon your I-485 application. This means that you need to be eligible for H1B and have all docs, including a valid visa stamp to return to US.


And the second question...if for some reason the visa stamping gets declined in India, then I will be without any status and thus will jeopardize my I 485 application, and possibly won't be able to return to the US...right?
As such, I don't anticipate any issues with visa stamping, but just want to make sure that all the bases are covered and I am not overlooking any unforeseen scenario.

This is a harder question for me to answer. I don?t think you will have any issue with stamping as long as you have not done fraud, felony, DUI, etc., If H1B is denied for work related issue, your employer can do another I-129 addressing the issues that the consulate had raised. Then you can go for H1B stamping again. You probably have to pay big bucks to law firms so that they can get you out of jail (a metaphor).

General:
For applying AP, you need to be physically present in the USA. The AP should be approved and in hand before leaving USA and you need to return before the expiry of the AP at the time of departure. Let?s say a pending AP is approved and you ask your friend to mail it to India. You cannot use the new AP to reenter. However, you can come back using old AP and then use new AP for a separate trip.

Traveling on AP is tricky business. So please read / educate yourself before going on a trip.

There are also provisions to request emergency AP. You need to google it to see if you can avail that. Hope this Helps.

[vedu]

Yes. But the catch is you have to be in H1B status at the time of departure to return back in H1B status. This will not abandon your I-485 application. This means that you need to be eligible for H1B and have all docs, including a valid visa stamp to return to US.


Thank you for your detailed response! My last entry to US was based on AP as a parolee. I had a valid H1-B, but didn't get the stamp in India at that time. After I returned to US, I continued on H1-B (didn't change I-9 form with the employer), since then the H1-B was renewed two times without any issues with the most recent approval came a couple of weeks ago. So, say I decide to leave US without AP, I suppose I am in H1B status at the time of departure. I will have all the docs EXCEPT a valid visa stamp at the time of departure, which I will get in India. Long story short, not having a valid visa stamp in passport at the time of departure from US shouldn't be an issue...right?

[idliman]

Thank you for your detailed response! My last entry to US was based on AP as a parolee. I had a valid H1-B, but didn't get the stamp in India at that time. After I returned to US, I continued on H1-B (didn't change I-9 form with the employer), since then the H1-B was renewed two times without any issues with the most recent approval came a couple of weeks ago. So, say I decide to leave US without AP, I suppose I am in H1B status at the time of departure. I will have all the docs EXCEPT a valid visa stamp at the time of departure, which I will get in India. Long story short, not having a valid visa stamp in passport at the time of departure from US shouldn't be an issue...right?
Sure. You can go for H1B stamping in India with pending AOS. H1B is a dual intent visa and will not affect your AOS. If you don't believe me (you should always cross-check random internet advice), look at the questionnaire in Zhang & Co website (https://www.hooyou.com/h-1b/h1b_Work%20and%20Travel%20Issues%20Related%20to%20 I-485.html). It is well explained.

I am sorry that you got into 1 year paper AP mess. Next time use (c)(9)(P) and look at the EAD/AP renewal template. This has worked for most of us without any issues.

[gthbvf]

@monsieur - I certainly do not want this happen. But Eb3I movement depends on ROW demand and EB2I due possibility of EB1 spillover (From May2021) might catch up fast .

USCIS bureaucracy and ability to handle case , impact of interview requirement on cases is big unknown. With Steady ROW demand USCIS may wait till last quarter to apply horizontal spillover for EB3. And I am worried that USCIS won't move FAD OR move it very conservatively . And with start of FY2022 , FAD retrogress for Eb2I/3I as SO visa's disappear. :(


@idliman --Thanks for explanation and Murthy law link.

Another Q - IF FAD is current , Can one apply for I-140 and send interfiling request with I-140 application? (OR have to wait for I-140 approval)







What makes you think this will happen i.e EB2 will reach May-2011 before EB-3?? Currently EB-3 is Apr-2010 and EB-2 is still in 2009.

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf My go to report as there is no way one person can go back in time and get their I-140 approved. Based on it there are total of 15K EB2+ 7K EB3 (total-22k) approved I-140 in 2010 and 30K total (22k - EB2, 8K EB3) in 2011.

Rough behind the napkin number says there are 60K folks (22k * 2 from 2010 + 15K * 2 from 2011; subtract 14K for folks with both partner I-140 + folks who upgraded to EB1) ahead of you. Keep an tab how many total EB2 and EB3 GC approved for India category in given year.

As you might have read discussion in this page, EB2 and EB3 category differentiation is no longer valid after 10 yrs. Folks move and their new petition get changed. EB2 and EB3 will go hand in hand. Things are too far, don't get stressed abt stuff which you can't control.

[vedu]

Sure. You can go for H1B stamping in India with pending AOS. H1B is a dual intent visa and will not affect your AOS. If you don't believe me (you should always cross-check random internet advice), look at the questionnaire in Zhang & Co website (https://www.hooyou.com/h-1b/h1b_Work%20and%20Travel%20Issues%20Related%20to%20 I-485.html). It is well explained.

I am sorry that you got into 1 year paper AP mess. Next time use (c)(9)(P) and look at the EAD/AP renewal template. This has worked for most of us without any issues.

Once again, thank you for your advice! I am going to carefully consider all the things you have mentioned before my travel. Hopefully dates move faster in the next few visa bulletins and we all get our GCs soon, so that we don't have to worry about all these complicated issues while travelling to India.

[gc2021]

Welcome to this forum.

Is there a reason why you want to switch to EAD when you have a valid H1B status? H1B status has its own advantage (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP?p=69234&viewfull=1#post69234). Your employer will complete a I-9 and submit or if you use AP to reenter the country (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155), you will automatically go to "AOS Pending" or "DA" status. I would recommend you to stay in H1B and later on when you travel you will automatically go to "DA" status.

For your spouse, it is a good idea to move to GC EAD instead of H4 EAD. H4 EAD is based on a rule that can be cancelled any time (DT admin tried to cancel it). GC EAD is based on a law and it cannot be cancelled that easily. Your spouse can stay on "AOS Pending" and you can stay on H1B. The beauty is there is no USCIS fee to renew EAD/AP with I485 pending. See details in EAD/AP thread (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

If you use EAD/AP, your wife will also move to "AOS Pending" status and will have to fill a new I-9. However, if she moves to "AOS Pending", you still stay with current status. Hope this helps.

Hi Idliman,

Thank you very much for explanation. I had a hard time with my current employer so was eagerly waiting for my EAD/AP and now it is approved so thought of changing employer. I know employer need to fill new I-9 with EAD details but where they need to submit this form ? I thought this is simply a compliancy form which every employer need to maintain in employees file for proof in case of any Audit. So trying to understand how USCIS will know whether you are using H1B or EAD if you are in the country(not used AP for travel) and H1B is still valid. Is employer sending I-9 form to USCIS and USCIS is maintaining this data ?

Thank you.

[gc2021]

To add more to it. As per as USCIS site regarding I-9 form :

Where to File
Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

[Zenzone]

To add more to it. As per as USCIS site regarding I-9 form :

Where to File
Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Folks - Another update from my end. Received a separate receipt notice for Form I-485 J Supplement I filed along with my packet in October. Looks like USCIS indeed sends separate notice for that even when its filed for the first time along with a 485 form.

[kuku82]

Folks - Another update from my end. Received a separate receipt notice for Form I-485 J Supplement I filed along with my packet in October. Looks like USCIS indeed sends separate notice for that even when its filed for the first time along with a 485 form.

I got it too couple days back.

[idliman]

Hi Idliman,

Thank you very much for explanation. I had a hard time with my current employer so was eagerly waiting for my EAD/AP and now it is approved so thought of changing employer. I know employer need to fill new I-9 with EAD details but where they need to submit this form ? I thought this is simply a compliancy form which every employer need to maintain in employees file for proof in case of any Audit. So trying to understand how USCIS will know whether you are using H1B or EAD if you are in the country(not used AP for travel) and H1B is still valid. Is employer sending I-9 form to USCIS and USCIS is maintaining this data ?

Thank you.
Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/


There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.

[Zenzone]

Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/


There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.

You made me LOL with that last bullet mate! Good one.

[mcmilers]

Last night I received an email from USCIS regarding an RFE they have sent to me, I did receive RFE for medicals and Supp J in 2018.

[AceMan]

@Aceman - Buddy your frustration is USCIS is progressing slowly. Thats an agency problem, reason is whether lack of funding, political agenda or genuine surge of immigration in USA (legal, illegal both) is bringing to its knees. Keep in mind, apart from EB GC, they are responsible for ALL Visa category which is much much bigger workload. Agency needs overhaul in terms of rules and regulation but most imp in attitude. Maybe they are immigrant friendly but us (EB-I) don?t see it coz of sheer number of us waiting for GC.

I know one thing, if we all can apply to EB1 or EB5 GC and get it next month we will do it in blink of an eye. I firmly believe that all of active users whose dates are in mid-2011 will be greened by this year end or max 2022. If this doesn't happen, Spec will share data to show where those GC number are allotted.

I love to rub on the Eb2 I guys just for the fun of it. Back in 2009 I had my Masters and all the qualifications for Eb2 however the position required only 3 years experience with a degree. So I had to take Eb3, while lot of my contract coworkers even with a lower salary got in Eb2. Call it jealousy or whatever, but one of the guys rubbed me in the wrong way. He stated money does not make it. Eb2 is exceptional and like Royals, Eb3 is a commoner and a plebeian. They are classified along with unskilled in pure Haryanvi language :-).

Very funny and highly impactful!!!

Fast forward 5 years and couple of promotions later around 2015 end, I wanted to upgrade to Eb2 and started collecting the details for the same. At the same time I started following Trackitt and found out people were moving heavily from Eb3 to Eb2. That was the same time when filing date was introduced and the changed the bulletin to pull back filing date. Later in 2016 Eb2 got only about 7000 visas. Eb1 was growing in popularity. It was during the peak time of Eb1 abuse claims by Eb2 guys along with Eb1B candidates egging them. I did my detailed research and found that 90% of the Eb2 applicants had their credentials and back ground which should have really been in Eb3.

So it makes me happy to see ghar vapasi by these prodigal children!!!! And lot of them still think they are going back to Eb2. The same attitude shown by my then co worker.

The icing in the cake was my chance to remind my Eb2 co worker who had a November 2010 PD about his words. Both of us applied for AOS at around same time and both of us are still waiting for finger print.

I love to add another anecdote here, the solution to fix a water leak is not adding more water to the problem!!!

[bluelabel]

Hello Gurus,

Does USCIS verify old G325A with new ones we submit as a response to an I-485 RFE? When i filed my G325A in 2012, I had my address outside USA was in Bangalore and it's renamed as Bengaluru in 2014. Now i am filling it as Bengaluru, Does USCIS care this?

And Supplement J form is expired on 10/31/2020 and there's no new one available in USCIS website, can i submit an expired form?

[idliman]

Ace,

I tried to not get involved in the EB2 vs EB3 debate here. Back in 2012 time frame, I thought I am going to get GC soon in EB2. When some EB1C exceptionally skilled people (my friends who went to high school with me in India) got their GCs and rubbed on me about why I did MS'es & PhD, I got mad. Over time, I have got used to this abuse of the system along with the mafia conspiracy of immigration. I am at a workplace where any org change has to be kept in records for 40 years and submitted to the agencies. Imagine someone who comes and tells me to create a fake org chart for EB1C. My reaction is obviously, "Are you kidding me?".

This is a big system where multiple people are exploiting backlogged folks. The companies, lawyers and other services. So people are doing whatever they can to take whatever shortcuts they can. I can see why immigration reform never has a decent chance of passing. The whole world is benefiting because the Indians are backlogged. This will be very hard to get rid of. Even the DREAM legislation will be hard, but they have the vote-bank and younger kids protesting on the capitol footsteps and on the street. So they have a chance to pass without Citizenship. I have respect for the folks who try to be active and change this. As my part, I try to educate all the brethren and help them as much as I can.

For every few people who are honest and true, there are 10 times the folks who are from WITCH based or Desi consultancy companies who are used to being exploited and are just waiting for their turn to exploit someone else and get ahead. It is just the culture they are used to, just like the fake resumes prevalent in the IT industry. I would say, just lookout for your case and make intelligent decisions so that you have multiple paths to reach your immigration goals.

Peace.

[gc2021]

Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/


There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.
Thank you for above response. Just continuing this discussion so that it will be helpful for other who are in similar situation.
" E-Verify" is optional not all employers doing this but I-9 is compliance form and every employer needs to maintain employer visa/work authorization status for any audits. I know if you travel aboard and while returning to USA whatever document you produce (AP or H1 visa) based on that you will be on either H1 or Pending Adjustment status. But my question is if I have valid H1 and AP and I am not travelling out of country and employer not doing E-verify how USCIS will know our current working status unless they do audits and finds through I-9 form . I am not saying I will use both H1 and EAD but just checking to see how this system is verifying . Per instance while I am continuing with my employer on H1B as a fulltime role and at same time using ead for part time Job's.

[idliman]

Hello Gurus,
Does USCIS verify old G325A with new ones we submit as a response to an I-485 RFE? When i filed my G325A in 2012, I had my address outside USA was in Bangalore and it's renamed as Bengaluru in 2014. Now i am filling it as Bengaluru, Does USCIS care this?
And Supplement J form is expired on 10/31/2020 and there's no new one available in USCIS website, can i submit an expired form?
The intent of the G-325A is to collect biographic info for background checking. It is almost like a formality. Bangalore Vs Bengaluru will not make any difference in the context. So just complete it and don't worry about it. But, if you have any missing fields, you will get an RFE.

Use the latest form from USCIS website. Before submitting make sure that a new version of the form is not released. They should be some communication about this form, but I am not able to find it by googling on AILA.

[texas_]

Good Morning Gurus,

In the event of passing 180 days mark after filing I 485 application and loses Job but scheduled for interview around the same time frame, what happens?

Would USCIS rejects the I 485 application ?
Do I have any options?

Please guide
Many thanks in advance;
JP

[AceMan]

Ace,

I tried to not get involved in the EB2 vs EB3 debate here. Back in 2012 time frame, I thought I am going to get GC soon in EB2. When some EB1C exceptionally skilled people (my friends who went to high school with me in India) got their GCs and rubbed on me about why I did MS'es & PhD, I got mad. Over time, I have got used to this abuse of the system along with the mafia conspiracy of immigration. I am at a workplace where any org change has to be kept in records for 40 years and submitted to the agencies. Imagine someone who comes and tells me to create a fake org chart for EB1C. My reaction is obviously, "Are you kidding me?".

This is a big system where multiple people are exploiting backlogged folks. The companies, lawyers and other services. So people are doing whatever they can to take whatever shortcuts they can. I can see why immigration reform never has a decent chance of passing. The whole world is benefiting because the Indians are backlogged. This will be very hard to get rid of. Even the DREAM legislation will be hard, but they have the vote-bank and younger kids protesting on the capitol footsteps and on the street. So they have a chance to pass without Citizenship. I have respect for the folks who try to be active and change this. As my part, I try to educate all the brethren and help them as much as I can.

For every few people who are honest and true, there are 10 times the folks who are from WITCH based or Desi consultancy companies who are used to being exploited and are just waiting for their turn to exploit someone else and get ahead. It is just the culture they are used to, just like the fake resumes prevalent in the IT industry. I would say, just lookout for your case and make intelligent decisions so that you have multiple paths to reach your immigration goals.

Peace.

No offense taken. The most important point is lot of people think, I am looking out for my case is the reason for my dislike for EB2 to Eb3 downgrades. I had the common sense in 2015 to understand the numbers and not upgrade to EB2. Yes, people continually jumping from one basket to another like headless chicken is not going to help. To make matters worse, they can't even comprehend the fact that the spillover is coming to Eb2.

People with EB2 made their cake, so I continue to remind them to eat it. Nothing malicious about it !!!

[idliman]

Good Morning Gurus,

In the event of passing 180 days mark after filing I 485 application and loses Job but scheduled for interview around the same time frame, what happens?

Would USCIS rejects the I 485 application ?
Do I have any options?

Please guide
Many thanks in advance;
JP
In that case, you have to invoke AC21. You have to find a job position with another employer, and this new job position is "same or similar" to the position from your previous I-140. Any RFE from USCIS will have almost 2-3 months time-frame for response.

The good news for you is that USCIS is "waiving" the in-person interview requirement for EB immigrants, using only written evidence to approve the applicant for U.S. residence (a green card). Read this article (https://www.visalawyerblog.com/covid-19-update-are-green-card-interviews-being-waived/). In that case you will get GC in mail without any worries.

If anyone is facing a layoff scenario after 180 days, I would advise them to proactively file I-485 J, so that a RFE is triggered for I-693 and other docs. In 3 months time or so, your file will be complete with valid medical and ready to be approved.

[Turbulent_Dragonfly]

Good Morning Gurus,

In the event of passing 180 days mark after filing I 485 application and loses Job but scheduled for interview around the same time frame, what happens?

Would USCIS rejects the I 485 application ?
Do I have any options?

Please guide
Many thanks in advance;
JP

After 180 days, there is no pressure. Just try to get a job in the same classification as the original job for which the GC was applied. The new employer will have to submit Supp J., and you will be good to go and get your GC if the final action dates are current and your medicals/fingerprints are current.

[texas_]

Thanks Idlliman as always..

However, I filed my green card application only in October 2020 with a PD of October 2010 for EB3 category
Do USCIS still waiving Interviews for all the EB even if you filed your application after March 2017?


Should getting a layoff after 180 days and not finding job when my PD is current then what happens?
Just a hypothetical situation

Thanks in advance;
JP

[immieb2i]

Hi Gurus, I need your help.

I received the interview request online case status. I am bit concerned because I filed i485 in 2012. The interview for employment based started in March 2017 onwards application.

Could you please help, why I am getting interview? Bit worried on this. Don't have any offence, or criminal activity.

My priority date in March 2010 EB2I
Field 485 in 2012.
Changed employer in 2017 May.
Field i485J: 2017 June
i485J was showing the status still in pending in online status till Nov'2020.
Contacted my company lawyer and they contacted USCIS in Jan 2021.

[immieb2i]

Hi Gurus, Needs your help.


I received the interview request online case status. I am bit concerned because I filed i485 in 2012. The interview for employment based started in March 2017 onwards application.

Could you please help, why I am getting interview? Bit worried on this, don't have any criminal record.

My priority date in March 2010 EB2I
Field 485 in 2012.
Changed employer in 2017 May.
Field i485J: 2017 June
i485J was showing the status still in pending in online status till Nov'2020.
Contacted my company lawyer and they contacted USCIS in Jan 2021.

[vsivarama]

Thanks Idlliman as always..

However, I filed my green card application only in October 2020 with a PD of October 2010 for EB3 category
Do USCIS still waiving Interviews for all the EB even if you filed your application after March 2017?


Should getting a layoff after 180 days and not finding job when my PD is current then what happens?
Just a hypothetical situation

Thanks in advance;
JP

If your file is complete and USCIS does not have any RFEs for you then you get your GC. RFE's like medicals you should be fine as well. It's 485J RFE that you need to worry about. If you are unable to find a job in time to respond to the RFE your case may be in jeopardy. But these are one off scenarios and hoping none of us have to go through it.

[texas_]

Thanks Visva, Turbulent, Idlliman and all experts

That means I 485 filing and passing 180 days is way better situation compare to one in H1B Status.

Thanks again guys and Qesehmk community

[smuggymba]

Last night I received an email from USCIS regarding an RFE they have sent to me, I did receive RFE for medicals and Supp J in 2018.

hopefully Texas Service Center catches up soon. I'm March 2010 EB2 /TSC?

[Moveon]

Thanks Visva, Turbulent, Idlliman and all experts

That means I 485 filing and passing 180 days is way better situation compare to one in H1B Status.

Thanks again guys and Qesehmk community

Yes , having the EAD is like a Semi GC. Because the EAD was meant to be a stop Gap of 2-4 months between filing of AOS and getting the GC, its not defined as to how they can treat you if you are our of a job on EAD. So you get the benefit of doubt . As Mentioned previously the only time you can get into trouble is when you get an RFE for supplement J and you are out of a job . Getting Sup-J is rare unless your date is close or been a while since the last one was issued (5-6 years). The advantage of EAD is there is no transfer of any sort and employers are more willing to hire you as you are not considered as an HIB candidate . HIB is time/money consuming for many employers and when premium processing is not available it takes 3-4 months for a transfer . You can join the day the offer is extended (provided background checks are fine) with EAD.

EAD is quite close to a GC as long you are OK to work in the same area of the one in your petition .

[texas_]

Thanks Moveon ... and all the experts

EAD based on Pending I-485 is like a boon for the folks waiting for GC in line, it appears.

Since my supplement J was signed in October 2020 and my PD is not far either (October 2010) there should not be a problem, I guess.
I was just thinking worst possible scenario but it appears that GC is for future employment and signing supplement J should not be an issue for the current employer as it is for future employment when RFE comes and beneficiary loses employment

Awesome guys thanks yet again to all the knowledgeful peeps on Qesehmk...
Best Regards
JP

[AceMan]

Thanks Moveon ... and all the experts

EAD based on Pending I-485 is like a boon for the folks waiting for GC in line, it appears.

Since my supplement J was signed in October 2020 and my PD is not far either (October 2010) there should not be a problem, I guess.
I was just thinking worst possible scenario but it appears that GC is for future employment and signing supplement J should not be an issue for the current employer as it is for future employment when RFE comes and beneficiary loses employment

Awesome guys thanks yet again to all the knowledgeful peeps on Qesehmk...
Best Regards
JP

And with an AP COMBO EAD card you can avoid travelling to embassies for stamping internationally.

[texas_]

I agree 100% Ace, going to embassies and have it stamped is not a good experience.
Last I visited India was a decade ago, since my parents are also in US on GC as my brother sponsored them.

[monsieur]

@Aceman, @idilliman I agree with your sentiments. I try to *ignore* folks who argue with me about EB1 vs EB2 vs EB3 argument. They don't know a shit abt immigration rule, these folks are like parrot who are repeating buzzwords just coz they heard it from their Lawyers (who I say a biggest culprit).

These guys are in situation where they can file for EB1/EB2 just because they worked outside of US for 1-2 yrs, lawyers will present them as Functional Mgr and file for EB1/2. Lawyers wants their shop to run so they will push envelope and get you GC faster. Just like CPA will tell you to take deduction even when its not allowed to get you bigger refund. EB1/2/3 will not make a person smarter, its just that they had lawyer who will represent them as EB1/2 (ahem just like whats going on in senate, Lawyer representing twisted case when we all saw what happened on Jan 6th on Live TV)

My college saying - Jab kismat hai gandu, to kya karega Pandu. I will wait for my GC and once it comes (sooner or later) will sit in my Bank Locker while I go to work in morning.

[rocketfast]

Did not see anyone post USCIS annual report for 2020.

https://www.uscis.gov/sites/default/files/document/reports/2020-USCIS-Statistical-Annual-Report.pdf

Appendix A has summary of last year. In this report, USCIS claims that it approved 128,000 employment GCs last year. You add another 15,000 consular processing, you will see that USCIS wasted around 13,000 GCs.

[may2011]

Thats a lot of wastage!

[qesehmk]

Did not see anyone post USCIS annual report for 2020.

https://www.uscis.gov/sites/default/files/document/reports/2020-USCIS-Statistical-Annual-Report.pdf

Appendix A has summary of last year. In this report, USCIS claims that it approved 128,000 employment GCs last year. You add another 15,000 consular processing, you will see that USCIS wasted around 13,000 GCs.

If they couldn't allocate then those visas by law should have gone to FB - just like unused FB visas came to EB.

You may want to check if FB received any EB spillover, if so then your theory is correct. Also 15K CP sounds too low. I am sure it usually is 22K. But given COVID I don't want to predict how CP visas behaved.

[may2011]

Hello All,

I am new to this forum.My PD is May2011( EB2-India).I would like to thank every single one of the gurus here!Your posts and analyses really helped me understand the entire process of GC allocation.I even signed up for 'whereismygc'.

Prior to the spillover I had given up the hopes of getting a GC in my lifetime.I had almost made the decision to move to Canada for the sake of stability and the ease of traveling to India without worrying about visas.But the spillover and the predictions as per 'whereismygc' website have rekindled my hope again.I am confused about what I should do. I have applied for EAD/AP, but from what I read ,a GC can still be ages away if there is visa wastage or other issues. I would really appreciate some advice on pointers on my concerns;

1) Can my i485 be rejected due to errors in filing.In Oct 2020,my employer filed for 1000s of AOS applications.I am concerned about clerical errors on the lawyers parts due to sheer volume of applications.Does a rejection mean I lose my place in the GC line?

2)The flurry of executive orders wrt to H1Bs like wage levels etc have exposed the transient state of a temporary visa status in US.From a legal standpoint, can policy changes affect GC applications?The previous administration introduced the 'Public Charge Rule'.Most H1Bs should not be affected by it.But I am wary about what future conservative administrations can do.So I am concerned about continuing to stay in US on EAD or H1B.

3)Am I being overly paranoid or are my concerns valid?

4)In order to maintain my Canadian PR ,I have to move till Jan 2023.My current plan is to observe the PD movement till Dec2021 and then make a decision.Should I wait for the birds in a bush or pursue a bird in hand?

Sorry for my rant! Just confused

[may2011]

Hello All,

I am new to this forum.My PD is May2011( EB2-India).I would like to thank every single one of the gurus here!Your posts and analyses really helped me understand the entire process of GC allocation.I even signed up for 'whereismygc'.

Prior to the spillover I had given up the hopes of getting a GC in my lifetime.I had almost made the decision to move to Canada for the sake of stability and the ease of traveling to India without worrying about visas.But the spillover and the predictions as per 'whereismygc' website have rekindled my hope again.I am confused about what I should do. I have applied for EAD/AP, but from what I read ,a GC can still be ages away if there is visa wastage or other issues. I would really appreciate some advice on pointers on my concerns;

1) Can my i485 be rejected due to errors in filing.In Oct 2020,my employer filed for 1000s of AOS applications.I am concerned about clerical errors on the lawyers parts due to sheer volume of applications.Does a rejection mean I lose my place in the GC line?

2)The flurry of executive orders wrt to H1Bs like wage levels etc have exposed the transient state of a temporary visa status in US.From a legal standpoint, can policy changes affect GC applications?The previous administration introduced the 'Public Charge Rule'.Most H1Bs should not be affected by it.But I am wary about what future conservative administrations can do.So I am concerned about continuing to stay in US on EAD or H1B.

3)Am I being overly paranoid or are my concerns valid?

4)In order to maintain my Canadian PR ,I have to move till Jan 2023.My current plan is to observe the PD movement till Dec2021 and then make a decision.Should I wait for the birds in a bush or pursue a bird in hand?

Sorry for my rant! Just confused

[rocketfast]

If they couldn't allocate then those visas by law should have gone to FB - just like unused FB visas came to EB.

You may want to check if FB received any EB spillover, if so then your theory is correct. Also 15K CP sounds too low. I am sure it usually is 22K. But given COVID I don't want to predict how CP visas behaved.

FB allocation cannot exceed 226,000 with such small spillovers from EB.
See: https://www.qesehmk.org/forums/showthread.php/1217-EB2-3-Predictions-(Rather-Calculations)?p=64819&viewfull=1#post64819

Consular processing last year is indeed 15k.
See: https://www.qesehmk.org/forums/showthread.php/2679-Consular-Processing-Data-Published-by-DOS-From-March-2017-Onwards?p=67475&viewfull=1#post67475

[qesehmk]

Hmm thanks. Looks like it's not the size of spillover, it's really IR category that is ballooning every year. So FB will realistically be 226K forever.

Regarding the 2020 CP number - thanks again. I assume the number is true and if so - what a shame for USCIS to have wasted so many visas when there are ample Desi folks waiting for decades.
FB allocation cannot exceed 226,000 with such small spillovers from EB.
See: https://www.qesehmk.org/forums/showthread.php/1217-EB2-3-Predictions-(Rather-Calculations)?p=64819&viewfull=1#post64819

Consular processing last year is indeed 15k.
See: https://www.qesehmk.org/forums/showthread.php/2679-Consular-Processing-Data-Published-by-DOS-From-March-2017-Onwards?p=67475&viewfull=1#post67475

[may2011]

Hello All,

I am new to this forum.First and foremost I would like all the gurus and pandits for your posts and analyses. They have really helped me understand the process of GC allocation.

I apologize for the long rant, but I would really appreciate some advice and suggestions.My PD is May 2011 (EB2-India)

Prior to Oct 2020, I had given up on getting a GC in my lifetime. I had made up my mind to move to Canada mainly for stability and the ease of travel to India.The spillover and the prediction by 'whereismygc' have rekindled some hope in me .I am mainly concerned about the following issues;

1) If my i485 is rejected due to clerical errors in the form, do I lose my line in the GC queue?In Oct 2020, my employer filed for 1000s of AOS and I am concerned about filing errors by the law firm due to sheer volume of applications.

2)Can an administration introduce more requirements for conversion from EAD to GC?The previous administration introduced the 'Public Charge Rule'.Most H1Bs won't be affected by it, but still I am wary about a future rule by a conservative administration.Basically I am worried about being on EAD for 5+ years and then being denied.

3)Am I being paranoid or are my concerns valid?I really don't understand what to do.Should I go for the bird in hand (Canadian PR) or pursue the two bird in the bush?I have to move to Canada by Jan 2023 to maintain my PR.

[Zenzone]

Hello All,

I am new to this forum.First and foremost I would like all the gurus and pandits for your posts and analyses. They have really helped me understand the process of GC allocation.

I apologize for the long rant, but I would really appreciate some advice and suggestions.My PD is May 2011 (EB2-India)

Prior to Oct 2020, I had given up on getting a GC in my lifetime. I had made up my mind to move to Canada mainly for stability and the ease of travel to India.The spillover and the prediction by 'whereismygc' have rekindled some hope in me .I am mainly concerned about the following issues;

1) If my i485 is rejected due to clerical errors in the form, do I lose my line in the GC queue?In Oct 2020, my employer filed for 1000s of AOS and I am concerned about filing errors by the law firm due to sheer volume of applications.

2)Can an administration introduce more requirements for conversion from EAD to GC?The previous administration introduced the 'Public Charge Rule'.Most H1Bs won't be affected by it, but still I am wary about a future rule by a conservative administration.Basically I am worried about being on EAD for 5+ years and then being denied.

3)Am I being paranoid or are my concerns valid?I really don't understand what to do.Should I go for the bird in hand (Canadian PR) or pursue the two bird in the bush?I have to move to Canada by Jan 2023 to maintain my PR.

I can say that you safely have two shots at your GC between this fiscal and the next one (due to continuing prospects of FB SO this year too). I would wait until atleast Sep 2022 if I were you considering all else being equal. Once you get your EAD/AP, you are at least 50% better off as your dependency on a non-immigrant visa is technically removed from the equation. For example, remember just by filing the I-485 you don't accrue unlawful presence if you lose your job and after 180 days you get the portability advantage too (see idliman's great summary above for more specifics). Answer to your first question - You don't lose your line in GC as you can re-apply correcting clerical errors (if any) as long as the underlying I-140 is intact. Lastly, I don't think anyone can predict and plan a scenario with future conservative admin etc. All we know is that the present admin. is definitely a positive development compared to the last one, therefore, next 4 years should be relatively calmer is a pragmatic expectation. Hope this helps.

[monsieur]

1) If my i485 is rejected due to clerical errors in the form, do I lose my line in the GC queue?In Oct 2020, my employer filed for 1000s of AOS and I am concerned about filing errors by the law firm due to sheer volume of applications.

Visa get denied, if some error you will get RFE to fix any issue or additional detail.



2)Can an administration introduce more requirements for conversion from EAD to GC?The previous administration introduced the 'Public Charge Rule'.Most H1Bs won't be affected by it, but still I am wary about a future rule by a conservative administration.Basically I am worried about being on EAD for 5+ years and then being denied.

There is always a chance fo rule changes for every aspect of life; you shouldn't be fearful of those. If needed be ready to reach out to Senator / Congressmen / Advocacy grp when adverse bill is on docket. Worst case Judicial branch will step in, just like what happened to DACA.




3)Am I being paranoid or are my concerns valid?I really don't understand what to do.Should I go for the bird in hand (Canadian PR) or pursue the two bird in the bush?I have to move to Canada by Jan 2023 to maintain my PR.

This is something you have to decide. I have spent 18+ years on Visa; moved jobs ,purchased cars, houses, Traveled when I liked. I didn't compromised on my way of living just because I didn't have piece of paper saying I am LPR of US. If moving to Canada gives you piece of mind then do it. Your health and piece of mind is much much imp than LPR of US.

PS: No I never thought of having PR of Canada or Other countries. I will stay in US till job is good, willing to move to any part of world if I get good opportunity and my piece of mind.

[may2011]

Thank you for your prompt reply.Waiting till Sep 2022 seems pragmatic. I think I will end up doing that.

Good to know that I won't lose my line incase of clerical errors.phew!

About the spillover for 2022, won't the spillover only happen if there are closures till Sept 2021?If there are closures till March 2021, won't those numbers will be utilized due by FB applicants waiting since 2020?Just trying to understand how the numbers are utilized.

[may2011]

I can say that you safely have two shots at your GC between this fiscal and the next one (due to continuing prospects of FB SO this year too). I would wait until atleast Sep 2022 if I were you considering all else being equal. Once you get your EAD/AP, you are at least 50% better off as your dependency on a non-immigrant visa is technically removed from the equation. For example, remember just by filing the I-485 you don't accrue unlawful presence if you lose your job and after 180 days you get the portability advantage too (see idliman's great summary above for more specifics). Answer to your first question - You don't lose your line in GC as you can re-apply correcting clerical errors (if any) as long as the underlying I-140 is intact. Lastly, I don't think anyone can predict and plan a scenario with future conservative admin etc. All we know is that the present admin. is definitely a positive development compared to the last one, therefore, next 4 years should be relatively calmer is a pragmatic expectation. Hope this helps.


Thank you for your prompt reply.Waiting till Sep 2022 seems pragmatic. I think I will end up doing that.

Good to know that I won't lose my line incase of clerical errors.phew!

About the spillover for 2022, won't the spillover only happen if there are closures till Sept 2021?If there are closures till March 2021, won't those numbers will be utilized due by FB applicants waiting since 2020?Just trying to understand how the numbers are utilized.

[may2011]

Visa get denied, if some error you will get RFE to fix any issue or additional detail.


Visa denied,Does that mean I can't reapply?

There is always a chance fo rule changes for every aspect of life; you shouldn't be fearful of those. If needed be ready to reach out to Senator / Congressmen / Advocacy grp when adverse bill is on docket. Worst case Judicial branch will step in, just like what happened to DACA.




This is something you have to decide. I have spent 18+ years on Visa; moved jobs ,purchased cars, houses, Traveled when I liked. I didn't compromised on my way of living just because I didn't have piece of paper saying I am LPR of US. If moving to Canada gives you piece of mind then do it. Your health and piece of mind is much much imp than LPR of US.

PS: No I never thought of having PR of Canada or Other countries. I will stay in US till job is good, willing to move to any part of world if I get good opportunity and my piece of mind.

Thanks for sharing your perspective

[Turbulent_Dragonfly]

Thank you for your prompt reply.Waiting till Sep 2022 seems pragmatic. I think I will end up doing that.

Good to know that I won't lose my line incase of clerical errors.phew!

About the spillover for 2022, won't the spillover only happen if there are closures till Sept 2021?If there are closures till March 2021, won't those numbers will be utilized due by FB applicants waiting since 2020?Just trying to understand how the numbers are utilized.

If the primary I-485 is rejected say after 2-3 months like what's happening right now, can it really be resubmitted when the Filing Dates are no longer being accepted?

[qesehmk]

Hello All,

I am new to this forum.First and foremost I would like all the gurus and pandits for your posts and analyses. They have really helped me understand the process of GC allocation.

I apologize for the long rant, but I would really appreciate some advice and suggestions.My PD is May 2011 (EB2-India)

Prior to Oct 2020, I had given up on getting a GC in my lifetime. I had made up my mind to move to Canada mainly for stability and the ease of travel to India.The spillover and the prediction by 'whereismygc' have rekindled some hope in me .I am mainly concerned about the following issues;

1) If my i485 is rejected due to clerical errors in the form, do I lose my line in the GC queue?In Oct 2020, my employer filed for 1000s of AOS and I am concerned about filing errors by the law firm due to sheer volume of applications.

2)Can an administration introduce more requirements for conversion from EAD to GC?The previous administration introduced the 'Public Charge Rule'.Most H1Bs won't be affected by it, but still I am wary about a future rule by a conservative administration.Basically I am worried about being on EAD for 5+ years and then being denied.

3)Am I being paranoid or are my concerns valid?I really don't understand what to do.Should I go for the bird in hand (Canadian PR) or pursue the two bird in the bush?I have to move to Canada by Jan 2023 to maintain my PR.

Welcome to forum. EAD to GC as in adj of status to GC is never a problem .. the only requirement is for your latest employer to fill out 485J. Your second concern is about public charge rule or similar things ... I think with Biden admin your should not worry about anything NEW that is against immigrants.

I do however want to caution you regarding your canadian PR. Do not leave US. Because if you try to come back on AP and while holding canadian PR then US immigration has in the past refused entry to people who applied and obtained canadian PR. Just google and read their experiences.

Nothing to overly worry about. But just wanted you to be aware of this.

[vsivarama]

If the primary I-485 is rejected say after 2-3 months like what's happening right now, can it really be resubmitted when the Filing Dates are no longer being accepted?

If it's a USCIS error, it can of course be filed even if Filing Dates are no longer accepted. Others may also want to consider litigation (not sure of the timeline it takes to get the decision), saying if the applications were rejected in a timely manner, the applicants could always have refiled their petition as the filing dates were accepted for 2-3 months based on their PD.

[may2011]

Welcome to forum. EAD to GC as in adj of status to GC is never a problem .. the only requirement is for your latest employer to fill out 485J. Your second concern is about public charge rule or similar things ... I think with Biden admin your should not worry about anything NEW that is against immigrants.

I do however want to caution you regarding your canadian PR. Do not leave US. Because if you try to come back on AP and while holding canadian PR then US immigration has in the past refused entry to people who applied and obtained canadian PR. Just google and read their experiences.

Nothing to overly worry about. But just wanted you to be aware of this.

Thanks for letting me know.I will check their experiences.

[H1b2006]

there are many folks in 2010/2011 went back to India, loosing hope of GC. they dont have latest w2's for last 2-3 yrs which they ask for GC interview or paystubs and might even changed employers WITCH to non WITCH and old H1Bs expired.

do these guys have a chance if thier old employers are not taking them back, find new emp and apply for H1b extension with new employer file perm,i140 and then file I485 J.

[inspired_p]

I love to rub on the Eb2 I guys just for the fun of it. Back in 2009 I had my Masters and all the qualifications for Eb2 however the position required only 3 years experience with a degree. So I had to take Eb3, while lot of my contract coworkers even with a lower salary got in Eb2. Call it jealousy or whatever, but one of the guys rubbed me in the wrong way. He stated money does not make it. Eb2 is exceptional and like Royals, Eb3 is a commoner and a plebeian. They are classified along with unskilled in pure Haryanvi language :-).

Very funny and highly impactful!!!

Fast forward 5 years and couple of promotions later around 2015 end, I wanted to upgrade to Eb2 and started collecting the details for the same. At the same time I started following Trackitt and found out people were moving heavily from Eb3 to Eb2. That was the same time when filing date was introduced and the changed the bulletin to pull back filing date. Later in 2016 Eb2 got only about 7000 visas. Eb1 was growing in popularity. It was during the peak time of Eb1 abuse claims by Eb2 guys along with Eb1B candidates egging them. I did my detailed research and found that 90% of the Eb2 applicants had their credentials and back ground which should have really been in Eb3.

So it makes me happy to see ghar vapasi by these prodigal children!!!! And lot of them still think they are going back to Eb2. The same attitude shown by my then co worker.

The icing in the cake was my chance to remind my Eb2 co worker who had a November 2010 PD about his words. Both of us applied for AOS at around same time and both of us are still waiting for finger print.

I love to add another anecdote here, the solution to fix a water leak is not adding more water to the problem!!!
I feel you on your frustration, and believe me , the frustration is not very unique to you. But statistics of 90% EB2 actually being EB3 is far fetched.
Anyways, I should have just let you vent out by your frustrations, instead of trying to argue on any points.

[inspired_p]

there are many folks in 2010/2011 went back to India, loosing hope of GC. they dont have latest w2's for last 2-3 yrs which they ask for GC interview or paystubs and might even changed employers WITCH to non WITCH and old H1Bs expired.

do these guys have a chance if thier old employers are not taking them back, find new emp and apply for H1b extension with new employer file perm,i140 and then file I485 J.

Question : what's a WITCH employer?

[H1b2006]

Indian Desi companies- Wipro/Infy/TCS/Cognizant/HCL

[inspired_p]

Indian Desi companies- Wipro/Infy/TCS/Cognizant/HCL

okay. Thank you for the clarification :)

[Turbulent_Dragonfly]

If it's a USCIS error, it can of course be filed even if Filing Dates are no longer accepted. Others may also want to consider litigation (not sure of the timeline it takes to get the decision), saying if the applications were rejected in a timely manner, the applicants could always have refiled their petition as the filing dates were accepted for 2-3 months based on their PD.

So if it?s a user error like wrong filing fees or form or missing signature, are they out of luck until the FAD or DF becomes current again? I have a couple of acquaintances who are now in that situation having filed en masse with Fragomen and other firms.

[vsivarama]

So if it?s a user error like wrong filing fees or form or missing signature, are they out of luck until the FAD or DF becomes current again? I have a couple of acquaintances who are now in that situation having filed en masse with Fragomen and other firms.

Yes, litigation would be the only option for them and the decision could go either way. However I find it hard to believe the law firms would send a wrong filing fee as they are pretty standard. They ought to do better than that. It could also be a USCIS error, as usually the people who accept/scan and generate receipts for the applications are basic level employees like first level of support (sometimes newbies) who may not be well trained.

[vedu]

PS: No I never thought of having PR of Canada or Other countries. I will stay in US till job is good, willing to move to any part of world if I get good opportunity and my piece of mind.

Monsieur, after 18+ years of work in US, we shouldn't be willing to move to any part of world for another job opportunity. We should have saved/invested enough to have a couple of million dollars in bank and be willing to retire peacefully in India. That's the ultimate revenge!

[qesehmk]

Thanks for letting me know.I will check their experiences.
And as per your line in immigration queue, you never lose that. That is cemented. If there is error - just fix it.

Even if this GC application is completely withdrawn and a brand new is filed - your line in queue remains intact because it is based on your PERM approval (or 140 filing date in case of EB1).

[may2011]

And as per your line in immigration queue, you never lose that. That is cemented. If there is error - just fix it.

Even if this GC application is completely withdrawn and a brand new is filed - your line in queue remains intact because it is based on your PERM approval (or 140 filing date in case of EB1).

Thanks a lot for the clarification! It's a relief to know that I won't lose my place in the GC line.

[qesehmk]

Thanks a lot for the clarification! It's a relief to know that I won't lose my place in the GC line.
No worries. Spread the joy -- help others when opportunity presents!

[sstest]

Quick update for those who are still waiting for their receipt notice.

My packet was delivered to Lewisville, Texas on 29th October. I finally received 485, EAD and AP notice for myself and my spouse yesterday, after 3.5 months from filing. Notices came from NSC though.

P.D.: 12th July 2011, EB2. Downgrading to EB3.

One issue observed was that the PD marked on 485 notice was 17th July 2011 instead of 12th July 2011. Did anyone else notice a similar issue before? And the course of action to remedy this? Could this potentially cause any issues with processing?

[gc2021]

No worries. Spread the joy -- help others when opportunity presents!

Hello Guru's

I am seeing weird online case status update for my I-765 and 485 applications . My I-765 and I-131 were approved today afternoon. Around 7pm My i-765 CASE changed back to "Finger prints were Applied " message with case update date as 2/11 .
I-131 still shows approved. Also I see my 485 case was also showing updated on 2/11 . why it showing tomorrow's date? why my I-765 changed from approved status finger print status? Anybody faced this kind of issue?

[raradhya]

@gc2021,

what is your PD? and receipt date for your application.
the date issue could be due to the GMT timezone used in their system to update.

when did you last gave your fingerprint or traveled out of country?

[AceMan]

I feel you on your frustration, and believe me , the frustration is not very unique to you. But statistics of 90% EB2 actually being EB3 is far fetched.
Anyways, I should have just let you vent out by your frustrations, instead of trying to argue on any points.

Dude, I think you have completely missed the point. If it was my frustration I would have let it known in October/November 2020 when the downgrades were happening.

Right now we are waiting for March bulletin and I am telling people how the downgrades and mindless upgrades have screwed the people.

Another user claimed Eb2 would have been at 2011 and Eb3 at 2007 if people stayed in the queue.

I am repeating more than 90% of the people in EB2 from 2010 should have filed in EB3 in the first place including the people who downgraded now. They are good for 5K and 10 K. No where in the world a person runs 10K and awarded 5 K completion. That would have made Eb2 already with 2014-15 date and EB3 around 2009. Once the Eb2 dates passed his Eb3 PD he could have upgraded based on his skill and qualification for the job and run the additional 5K.

In future if people only apply in Eb3, this can help. I could see 80,000 applicants already from 2018 to 2020 with Eb2 140 when we already know there was more than 220 K 140 applicants.

[gc2021]

@gc2021,

what is your PD? and receipt date for your application.
the date issue could be due to the GMT timezone used in their system to update.

when did you last gave your fingerprint or traveled out of country?

My PD is Feb 2011 EB2 . Filed in Oct 2020 and done with finger prints in 1st week of December. As of today also still I-765 status showing Finger Prints taken and I-131 is approved status. But in I-765 case history still it's showing on Feb 9th "New card is being produced" and Feb 10th " Application is approved" messages . So am I going to receive combo card or Just AP ? Did anyone heard this kind of issue before?

[Zenzone]

Thank you for your prompt reply.Waiting till Sep 2022 seems pragmatic. I think I will end up doing that.

Good to know that I won't lose my line incase of clerical errors.phew!

About the spillover for 2022, won't the spillover only happen if there are closures till Sept 2021?If there are closures till March 2021, won't those numbers will be utilized due by FB applicants waiting since 2020?Just trying to understand how the numbers are utilized.

With vast majority of FB applicants coming in through CP, even (if) when consulates world wide open and start processing these applications, its extremely unlikely all those unused numbers for this fiscal will be used and hence expecting a good SO next year into EB is a pretty reasonable assumption according to me.

[vsivarama]

I am repeating more than 90% of the people in EB2 from 2010 should have filed in EB3 in the first place including the people who downgraded now. They are good for 5K and 10 K. No where in the world a person runs 10K and awarded 5 K completion. That would have made Eb2 already with 2014-15 date and EB3 around 2009. Once the Eb2 dates passed his Eb3 PD he could have upgraded based on his skill and qualification for the job and run the additional 5K.


Looks like you are trying your hardest to twist my example and not make sense of it. :D. Anyways that's besides the point. I believe people are smart enough to make their own decisions. They may think differently than you, but that does not make them mindless/headless chickens. I have a few friends with PD in late 2014. You know the reason they downgraded? To get EADs and be off H1. We all know how immigration friendly H1 policies were being put forward last year. They wanted to avoid the uncertainty of H1 and have some semblance of control in their lives (even with job changes). Their logic was simple rather than wait for GC on H1 it's better to wait on EAD. I don't see any mindless downgrades there. I partly downgraded because of this and one other reason. I will share my other reason if it turns out to be true as that's purely my opinion based on anecdotal evidence. I do not want to pass it off as a stat in this forum. Didn't we all want to migrate to this country because of the freedom it provides? In a free country people should be allowed to do what's in their best interest.

[Pundit Arjun]

vsivarama,

Nicely put.
I like and agree with your statement : "I believe people are smart enough to make their own decisions. They may think differently than you, but that does not make them"... better or stupid or evil or good.
Everyone has their own reasons and none of us have the right to judge others [Coz we will be wrong...].

Heres to hoping for a positive movement and approval for all [per the rules].

Stay Well and Stay Happy :)

[AceMan]

Looks like you are trying your hardest to twist my example and not make sense of it. :D. Anyways that's besides the point. I believe people are smart enough to make their own decisions. They may think differently than you, but that does not make them mindless/headless chickens. I have a few friends with PD in late 2014. You know the reason they downgraded? To get EADs and be off H1. We all know how immigration friendly H1 policies were being put forward last year. They wanted to avoid the uncertainty of H1 and have some semblance of control in their lives (even with job changes). Their logic was simple rather than wait for GC on H1 it's better to wait on EAD. I don't see any mindless downgrades there. I partly downgraded because of this and one other reason. I will share my other reason if it turns out to be true as that's purely my opinion based on anecdotal evidence. I do not want to pass it off as a stat in this forum. Didn't we all want to migrate to this country because of the freedom it provides? In a free country people should be allowed to do what's in their best interest.

We are discussing the possibilities my friend. You did the downgrade to EB2 with best interests in mind, in the same way many people till 12/2014 in EB2. The headless chickens are the ones (30,520 in 2018, 28,352 in 2019) in Eb2 I from 2018 till March 2020 after seeing more than 200,000 - 140 applicants already waiting in EB2.

I am saying come this October 2021, the same guys are going to jump back to EB2 I queue stating they had amended the petition when it should have been new.. we all know the drill.

Free choices, since we are all anecdotal, analogy experts, till the bodyline series in 1933-34 you can bowl any number of bouncers and any number of fielders on the leg side of a batsman. All it took is a captain like Jardine and a bowler like Larwood to get the rule changed. :-D

When your choice of best self interest involves adding a new application to the detriment of another applicant that has to be pointed out.

So if it has to be, join both Eb2 and 3 instead of letting people jump from one line to another!!!

[InbaMayam]

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

I am reposting due to initial approval for newcomer and went past date :)


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 2021. 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 as full time 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.

[idliman]

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

I am reposting due to initial approval for newcomer and went past date :)


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 2021. 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 as full time 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.
Your I485 has been pending for 180 days. So you are eligible for AC21 job portability. You have no problem joining FT. However to invoke AC21, it would be helpful to have a) SOC code b) Job Title and c)Job description. So try to get PERM / I-140 from your original employer. If it is lost, you can do a FOIA request. I would suggest you to apply for AC21 immediately after joining the job. Don't wait. This way you are covered for Citizenship form later on. Good luck fellow Oors.

Edit: I don't get your question about I-9. The moment you join any new employer, they will have to do compliance (E-Verify / I-9). The only way you can work with the new FT employer is either by using GC or EAD or by transferring H1B. You had indicated that you are going to use EAD or GC. So you have to file a I-9 with any new employer. If you are still in EAD/AP status, please make sure that you browse through our EAD/AP forum on the advantages and disadvantages of EAD & H1B. Also before travel on EAD/AP make sure you read the AP travel thread. Good Luck.

[qesehmk]

Right now we are waiting for March bulletin and I am telling people how the downgrades and mindless upgrades have screwed the people.

Ace - I like you and appreciate your posts. I just think it is futile to discuss this. The simple reason being - because of limited number of visas - immigration does become a zero sum game.

So our position on this forum should be - let people do what they want to do in their self interest and let USCIS be the arbiter of somebody's claim to upgrade / downgrade etc. We will not be a party to villifying or glorifying any one immigrant group over another.

I think it is best in everybody's interest to focus our energy on supporting each other. We should put data in front of people and let them decide what is in their interest.

[Kesid23]

I applied in October 2020 too and had my fingerprinting done on December 2. I am still waiting for EAD!!!

Was yours MSC? What series ?

[2011Feb]

I applied in October 2020 too and had my fingerprinting done on December 2. I am still waiting for EAD!!!

Was yours MSC? What series ?

Finally got a EAD for myself and my wife .

EB3 I Priority date : FEB2011, Applied on 01OCT2020; Biometrics : 22Jan2021

It is an MSC number from NBC.

[vsivarama]

Heres to hoping for a positive movement and approval for all [per the rules].

Stay Well and Stay Happy :)

Amen to that! Do we think the visa bulletin will be released tomorrow. That will at least show some shift from old admin. I am not even talking about movement here.

[AceMan]

Ace - I like you and appreciate your posts. I just think it is futile to discuss this. The simple reason being - because of limited number of visas - immigration does become a zero sum game.

So our position on this forum should be - let people do what they want to do in their self interest and let USCIS be the arbiter of somebody's claim to upgrade / downgrade etc. We will not be a party to villifying or glorifying any one immigrant group over another.

I think it is best in everybody's interest to focus our energy on supporting each other. We should put data in front of people and let them decide what is in their interest.

That is exactly what I was driving the point to with the highlighted text in my previous post. With 5 years experience every one should directly qualify for Eb2.
What is the point in having an Eb3 lane where people use up the spots. Why even need a separate application?

A combined list of 80080 for both EB2 and 3, or if we want to include Eb1 also a combined availability of 120120.

Anyways as you mentioned, this is my closing argument on this specific topic.

[Turbulent_Dragonfly]

Amen to that! Do we think the visa bulletin will be released tomorrow. That will at least show some shift from old admin. I am not even talking about movement here.

New Admin is leaving some of the immigration lawyers shell shocked with their actions coming in. I don't know the exact details but looks like they are dragging their feet on the IV/DV bans for one, Asylum process and releasing some toothless Executive Orders. Could be that they are just too busy fighting Covid or they are actually continuing some Trump era rules as an excuse to mollify some people who were ready to jump on them saying "see they are for open borders!".

[vedu]

So if it has to be, join both Eb2 and 3 instead of letting people jump from one line to another!!!

Ace,

my friend, that's your frustration against the USCIS and its rules. I get that, but you broadly downgrading innocent people who are trying to downgrade themselves (to EB3 :D) as "headless chickens" is not fair.

People who are trying to secure EAD/APs for themselves and their families by downgrading are not headless chickens.

People who already have EAD/APs, but trying to downgrade to get GC 6-7 months earlier to protect their aging out kids are not headless chickens.

In general, life is very uncertain and it is in everybody's best interest to try to secure GC as soon as possible. We all know cases where sudden demise of a primary applicant brought down the GC dreams of entire family. Wish they would have gotten their GCs a few months earlier.

We never know why people are taking certain course of action until we are ourselves in their shoes.

[Zenzone]

New Admin is leaving some of the immigration lawyers shell shocked with their actions coming in. I don't know the exact details but looks like they are dragging their feet on the IV/DV bans for one, Asylum process and releasing some toothless Executive Orders. Could be that they are just too busy fighting Covid or they are actually continuing some Trump era rules as an excuse to mollify some people who were ready to jump on them saying "see they are for open borders!".

There had been some rumblings I agree. Its very early to make these conclusions though. Some of the dragging the feet perception is coming from legal technicalities that the govt. attorneys on these lawsuits should take as defense counsel I guess. It will be political suicide for JB Admin to take the negative press on continuing family separations and deportations for example, therefore I expect the practices to become coherent with the policy narrative in coming weeks.

[qesehmk]

Friends please let it rest. All of us including Ace agree that people have every right to do what they please.

Ace's point that the original EB classification has become a joke after decades of wait is very very valid. Unfortunately USCIS is government and government is ass. We can't reason with USCIS. All we can do is either engage in constructive advocacy or simply visit this forum and others and help your fellow immigrants while maximizing your own well being. Sorry - I don't mean to preach anybody. But please rest this argument.

[monsieur]

My last comment on EB2/3 - As mid-20s guy, I was not fully aware of all the GC rules. At that age, I was not into reading policy manual to see. I had lots of mis-information regarding GC steps (Perm, I-140, I-485, adding dependent) mind was jumbled with all different rules of F1, CPT, OPT and H1-B. If my friend is doing it, It was good for me.

Lack of correct information and/or guidance was main reason I waited for 4.5 yrs of my H1 when my employer was trying since 2007 to file my GC (filed in 2010). I see same situation from new guys as well. I take this as learning curve of being 1st gen immigrant and move on. No point of dwelling on it when I can't change anything abt it. I can just pay-it-forward to folks which I try to do my best.

[monsieur]

Back to prediction note - I don't see VB coming this week. Its a long weekend for many. VB to be out by 19th will be a win in my books with usual week in EB2 and Month tops in EB3.

JBAdmin is just taking over; it will take 2-3 months for Secs to have their own staff and start making changes. Best bet we will see Obama-Admin level by summer and policy changes by fall.

Trump Admin was not able to tighten ship on first year itself. They were determined to stop flow of immigrant, still needed months and in some cases years to implement restriction. Even with determination (which I don't see in JB-Admin), it will take year or 2 to completely dis-mantle it. Whether we agree or not, few of those rules were common sense rules and needs update, which Trump Admin did; we may of to live with those going fwd.

[InbaMayam]

Your I485 has been pending for 180 days. So you are eligible for AC21 job portability. You have no problem joining FT. However to invoke AC21, it would be helpful to have a) SOC code b) Job Title and c)Job description. So try to get PERM / I-140 from your original employer. If it is lost, you can do a FOIA request. I would suggest you to apply for AC21 immediately after joining the job. Don't wait. This way you are covered for Citizenship form later on. Good luck fellow Oors.

Edit: I don't get your question about I-9. The moment you join any new employer, they will have to do compliance (E-Verify / I-9). The only way you can work with the new FT employer is either by using GC or EAD or by transferring H1B. You had indicated that you are going to use EAD or GC. So you have to file a I-9 with any new employer. If you are still in EAD/AP status, please make sure that you browse through our EAD/AP forum on the advantages and disadvantages of EAD & H1B. Also before travel on EAD/AP make sure you read the AP travel thread. Good Luck.


Thank you. Since I am current since last month and interview was completed long back, there is a chance that my 485 will be approved prior to March 1st, in this case, do I violate by not joining my original GC sponsor after GC approval but join directly new employer? If GC is approved and i get the card prior to March 1st, then I have to use GC in place of showing my EAD card correct for I-9 validation, hence asking. If my GC is not approved prior to March 1st, I will go by EAD and filing 485J etc.. at that time Client will be my future employer.

[AceMan]

Back to prediction note - I don't see VB coming this week. Its a long weekend for many. VB to be out by 19th will be a win in my books with usual week in EB2 and Month tops in EB3.

JBAdmin is just taking over; it will take 2-3 months for Secs to have their own staff and start making changes. Best bet we will see Obama-Admin level by summer and policy changes by fall.

Trump Admin was not able to tighten ship on first year itself. They were determined to stop flow of immigrant, still needed months and in some cases years to implement restriction. Even with determination (which I don't see in JB-Admin), it will take year or 2 to completely dis-mantle it. Whether we agree or not, few of those rules were common sense rules and needs update, which Trump Admin did; we may of to live with those going fwd.

If you look at the DHS/USCIS it always had very special basket cases in their team even during Obama time.

Why on earth would some body in 2015 set the aging out of the kid date, who already has been provided EAD to Final action Date instead of Filing date? It was intentional.

[LeoAugust]

In a complicated scenario like yourself with uncertainties, try to break into simpler things first.

AOS Pending Status: It is where you have an I-485 receipt number. By itself, a) it does not allow you to work and b) it does not allow you to reenter the country. There is no requirement of work.

AOS Pending + EAD: EAD allows you to work when you are in AOS pending status.

AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more inf (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP)o.

AC21 or INA Section 204(j): It grants you ?job portability? after 180 days of pending I485 from ?Received Date? on I485 form I797 receipt notice.

I485 Supplement J: First understand that I485 / GC is for a future job that is stated on PERM. The first time you file I485, Supp J is for confirmation of Bona Fide Job Offer. After 180 days if you send Supp J it is a request for Job Portability Under INA Section 204(j) / AC21.

The moment you talk about AC21, the first rule is no matter what you have to meet the 180 day requirement. After 180 days, you are a "free agent" and you can go and work for any employer as long as the job is in ?same or similar? category. It goes without saying that you need to have an EAD to work in AOS Pending status.



You are correct. After 180 days, you will use AC21 and port to previous employer and then request USCIS for ?Transfer of Underlying Basis? a.k.a Interfiling. You can move from EB2 to EB3 and vice versa as you have two sets of PERM+I-140 approved by two different employers. See Murthy article on this for more details / fine print (https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/).



Yes you are correct. That?s why I recommend my friends who are facing age-out type scenario to maintain an EB2 and EB3 I140. Whichever queue becomes ?FA? current first, you can Interfile and lock the child?s age.

Hope this helps.

Just wish to know, When H-1 extension got denied and I485 pending(having I485 receipts) and EAD and AP applied (a week back and No receipts yet), Is that person is legal to stay in US... or have to leave the country ?

[idliman]

Thank you. Since I am current since last month and interview was completed long back, there is a chance that my 485 will be approved prior to March 1st, in this case, do I violate by not joining my original GC sponsor after GC approval but join directly new employer? If GC is approved and i get the card prior to March 1st, then I have to use GC in place of showing my EAD card correct for I-9 validation, hence asking. If my GC is not approved prior to March 1st, I will go by EAD and filing 485J etc.. at that time Client will be my future employer.
Whether the GC will be approved by such and such date is impossible to answer. It depends on the USCIS workload and also on the workload / priority of the AO assigned to adjudicate your case.

Your GC filing is based on an offer of employment for a future, permanent position. The employer attests that the position will be available for the foreign national once the green card is issued, and the sponsored worker promises to work on a full-time and permanent basis in that position upon approval of the green card. You are expected to work for the sponspored position for a *reasonable* period of time (regardless of the 12 years that you worked for them before GC).

The issue is that changing employers after GC may show bad faith. If you never worked for the sponsoring employer, this could lead USCIS to believe that you never intendend to work in the sponsored position and in-turn the validity of GC. USCIS is within its rights to revoke your GC. This will clearly show up in the N-400 application where you are required to provide your employment history for the last 5 years. I personally have not heard about recission due to job change, but it is possible if a right wing admin takes office right at the time when you send your N-400.

That's why I told you to file AC-21 as soon as possible. You may need to raise this issue with the attorneys and get their opinion. Hope this Helps.

[vsivarama]

Just wish to know, When H-1 extension got denied and I485 pending(having I485 receipts) and EAD and AP applied (a week back and No receipts yet), Is that person is legal to stay in US... or have to leave the country ?

You are legal to stay in the country, but not work. You can reapply your H1b and await it's approval to start working again. If your old i-94 for previously approved H1 still has time, you can continue working till 240 days while the reapplied petition is still pending adjudication.

[AceMan]

Just wish to know, When H-1 extension got denied and I485 pending(having I485 receipts) and EAD and AP applied (a week back and No receipts yet), Is that person is legal to stay in US... or have to leave the country ?

Any time a person is waiting, in this case 485 Pending, he does not have to leave the country.

[idliman]

Just wish to know, When H-1 extension got denied and I485 pending(having I485 receipts) and EAD and AP applied (a week back and No receipts yet), Is that person is legal to stay in US... or have to leave the country ?
Once you have a I485 receipt notice and I485 is pending, you are legal in the USA. You cannot accrue unlawful presence. However to work and travel you need separate authorizations, ie., EAD & AP, respectively.

You can work on EAD/AP forever. You will be in trouble only when I485 is denied because of fraud, medical, criminal, background / terrorism, public charge, etc., type issues.

AC21 / 180 day requirement is the silver bullet to ward of all evil scenarios. People just don't realize. It is such a gift for people who had filed I485. That will protect you against any scenario that you can imagine.

[iamdeb]

Hi Gurus...quick question regarding passport renewal...It is mentioned to attach a notarized color copy of legal status in USA. Any suggestions from where can I get the notary done and how much it cost?
Thanks in advance!

[LeoAugust]

Thanks @vsivarama @AceMan and @idliman for your response.

[vedu]

Hi Gurus...quick question regarding passport renewal...It is mentioned to attach a notarized color copy of legal status in USA. Any suggestions from where can I get the notary done and how much it cost?
Thanks in advance!

You can get it notarized for free at your local bank. Also, generally any UPS store keep a notary who can notarize documents for a fee of $10/20 per document.

[AceMan]

Hi Gurus...quick question regarding passport renewal...It is mentioned to attach a notarized color copy of legal status in USA. Any suggestions from where can I get the notary done and how much it cost?
Thanks in advance!

When I did that, it was from the local library. However with the covid-19 they do not allow outsiders to our public library any more. UPS store can do it for $3 a copy. The banks I was told used to do it, however when I tried in 2016 for renewal at my local BOA, said they will not notarize I-797 C which validates the legal status.

[may2011]

Ace, I love reading your posts..Sportsfan was one old-timer who had a similar enthusiasm as you, with posts crisp and sometimes debatable. I truly miss his posts these days...So to lighten up everyone and move forward with our predictions...Here is an interesting experience with my own immigration situation.. I applied for F1 visa back in 2001 and you know the turmoil this country went through back then and in the scheme of things my visa got rejected 6 times. I didnt look further as my goal was to graduate from an international college, so moved to UK completed my MS, got a job with an Indian company. Worked with them for 3yrs who moved me back to India. One of my friend who took a loan from me, applied for my H1-B instead of paying back. His lucky hand helped me get a H1-B petition in 2006 quota and this time I got my Visa approved as well.. .Friends back home nicnamed me the Mohammed Ghajini for this feat...:))

Now when I was working for this global Indian in the UK and in India...I had a very good friend who worked with me on the same projects. I was the lead and was supposed to carry the team to Argentina but my H1-B approval made shifts in my life after...I moved to the USA, landed on a good contract in 2007 and never looked backed...In the mist of things my labor went into hold in 2008 and then markets crashed and ended up reapplying for labor again in July-2010 EB2. I very well knew that immigration is a mess (given my experience in UK) and always wanted to get in the line asap. Time was not on my side... Fast Forward...I was still living my happy lifestyle hoping for my GC in 4-5yrs as per the timelines back then... Meanwhile in the year 2012 I got a phone call from an unknown number and it was my old friend from my old company who said he came to US some six months ago.. I was happy for him and started reminiscing our good old times and our topic went to GC. I excitingly said this whole process is a mess and that he should get in the line immediately...With a relaxing tone he replied back and said I got my GC month ago in EB1C category... LOLLL

This could have have very well been me. He walked the same walk as me, worked in the UK, India, Argentina which makes it a solid case for EB1C and all you need is a sponsor to make it to the end... He is a citizen now...while I am still waiting with 'Mera Number Kab Aayega board hanging on me'. Such is destiny... We squabble, wobble, try to do the things the right way, switch from one lane to another (legally) all in hopes to get out of this mess...for a better tomorrow..

Would love see your predictions and wish you all the very best!! Happy Greening....

V

I have seen many cases like yours.In 2005 many people were not aware about the the intricacies of the GC process.Many opted for companies and careers that were inline with their interests.Also during that time, many companies did not start the GC process on day1.In my case GC filing was the last thing on my mind.My vision was limited to being selected in H1B lottery and then start working.Hindsight is always 20/20.All we can do is hope for the best!

[H1b2006]

Ace, I love reading your posts..Sportsfan was one old-timer who had a similar enthusiasm as you, with posts crisp and sometimes debatable. I truly miss his posts these days...So to lighten up everyone and move forward with our predictions...Here is an interesting experience with my own immigration situation.. I applied for F1 visa back in 2001 and you know the turmoil this country went through back then and in the scheme of things my visa got rejected 6 times. I didnt look further as my goal was to graduate from an international college, so moved to UK completed my MS, got a job with an Indian company. Worked with them for 3yrs who moved me back to India. One of my friend who took a loan from me, applied for my H1-B instead of paying back. His lucky hand helped me get a H1-B petition in 2006 quota and this time I got my Visa approved as well.. .Friends back home nicnamed me the Mohammed Ghajini for this feat...:))

Now when I was working for this global Indian in the UK and in India...I had a very good friend who worked with me on the same projects. I was the lead and was supposed to carry the team to Argentina but my H1-B approval made shifts in my life after...I moved to the USA, landed on a good contract in 2007 and never looked backed...In the mist of things my labor went into hold in 2008 and then markets crashed and ended up reapplying for labor again in July-2010 EB2. I very well knew that immigration is a mess (given my experience in UK) and always wanted to get in the line asap. Time was not on my side... Fast Forward...I was still living my happy lifestyle hoping for my GC in 4-5yrs as per the timelines back then... Meanwhile in the year 2012 I got a phone call from an unknown number and it was my old friend from my old company who said he came to US some six months ago.. I was happy for him and started reminiscing our good old times and our topic went to GC. I excitingly said this whole process is a mess and that he should get in the line immediately...With a relaxing tone he replied back and said I got my GC month ago in EB1C category... LOLLL

This could have have very well been me. He walked the same walk as me, worked in the UK, India, Argentina which makes it a solid case for EB1C and all you need is a sponsor to make it to the end... He is a citizen now...while I am still waiting with 'Mera Number Kab Aayega board hanging on me'. Such is destiny... We squabble, wobble, try to do the things the right way, switch from one lane to another (legally) all in hopes to get out of this mess...for a better tomorrow..

Would love see your predictions and wish you all the very best!! Happy Greening....

V

Man that was quite a story. almost your and my timelines met, 2001 applying f1 rejections, missing perm in 2008 due to financial meltdown, PERM Audit and rejection and new perm later.

[cancer24]

Wouldn?t it be nice if VB starts coming out in second week itself?

[Turbulent_Dragonfly]

Wouldn?t it be nice if VB starts coming out in second week itself?

I have gotten over the obsession of waiting for a VB in the second week. I know it makes practical sense for some from a filing timing perspective, but in general if they are being released once every four weeks, what difference does it make when it?s done so?

[Prabhas]

Man that was quite a story. almost your and my timelines met, 2001 applying f1 rejections, missing perm in 2008 due to financial meltdown, PERM Audit and rejection and new perm later.

Lets hope our wait is over...:cool:

[vedu]

Ace,

Good to read your positive post with a cup of tea first thing in the morning! Apna number jaroor ayega! Good things come to those who wait!!

[AceMan]

Ace,

Good to read your positive post with a cup of tea first thing in the morning! Apna number jaroor ayega! Good things come to those who wait!!

Aane key baad hum kis cheese pey phaalthu jagda karega? 😀😀

[Prabhas]

"I never got the logic of why people are upset at EB1C getting their GC quicker. In fact the time lines taken for EB1 should be the timelines we should have for EB2 and Eb3. I don't want another person after me to wait for 10 years. Having said that, I can safely say that waiting for my GC made me determined to focus on the work front much more than a person who had a GC (safe net)." - That has been the fundamental wisdom and mantra ..of this group..all along...Focus on your Career and personal life events more than this GC... And I am totally onboard with people getting GC in EB1 or whatever opportunities come their way to get GC faster...I sometimes feel sad that this whole process is pitting battles within us...

You made a pretty good buck out of the deal... Happy for you... I thought you applied for AOS with these recent date changes. No? If you are fresh looking out for new houses and if you have a chance...I would suggest an investment in Austin...Again this will become a distraction from our predictions ...perhaps a separate thread for investment opportunities/suggestions thread wouldnt be bad idea....

Happy Friday all!

V

[19YRSNOGC]

"I never got the logic of why people are upset at EB1C getting their GC quicker. In fact the time lines taken for EB1 should be the timelines we should have for EB2 and Eb3. I don't want another person after me to wait for 10 years. Having said that, I can safely say that waiting for my GC made me determined to focus on the work front much more than a person who had a GC (safe net)." - That has been the fundamental wisdom and mantra ..of this group..all along...Focus on your Career and personal life events more than this GC... And I am totally onboard with people getting GC in EB1 or whatever opportunities come their way to get GC faster...I sometimes feel sad that this whole process is pitting battles within us...

You made a pretty good buck out of the deal... Happy for you... I thought you applied for AOS with these recent date changes. No? If you are fresh looking out for new houses and if you have a chance...I would suggest an investment in Austin...Again this will become a distraction from our predictions ...perhaps a separate thread for investment opportunities/suggestions thread wouldnt be bad idea....

Happy Friday all!

V

Can you PM me the details.

[AceMan]

"I never got the logic of why people are upset at EB1C getting their GC quicker. In fact the time lines taken for EB1 should be the timelines we should have for EB2 and Eb3. I don't want another person after me to wait for 10 years. Having said that, I can safely say that waiting for my GC made me determined to focus on the work front much more than a person who had a GC (safe net)." - That has been the fundamental wisdom and mantra ..of this group..all along...Focus on your Career and personal life events more than this GC... And I am totally onboard with people getting GC in EB1 or whatever opportunities come their way to get GC faster...I sometimes feel sad that this whole process is pitting battles within us...

You made a pretty good buck out of the deal... Happy for you... I thought you applied for AOS with these recent date changes. No? If you are fresh looking out for new houses and if you have a chance...I would suggest an investment in Austin...Again this will become a distraction from our predictions ...perhaps a separate thread for investment opportunities/suggestions thread wouldnt be bad idea....

Happy Friday all!

V

Yes I applied for AOS in October 2020 as you can see from my signature. I anticipate the GC to happen either in 2021 last quarter or some time in 2022.

Trust me, while I can say figuratively I got richer by a good amount, we did not have a pleasant feeling at home as my wife felt we let go of something very personal and my house hold feels like we have lost a family member. Even my mom and in laws adding their spices on what prompted you to sell it when there is no real need and I was getting 2300 $ a month? I am made to feel like the person who killed the golden goose.

That's why I said, I can strive in a GC argument, but right now I am not in the right state of mind to discuss about investment.

[AceMan]

I started missing the days when I was on the edge and was learning constantly. Just when I ascended to the positions I dreamt of all this time, I was trapped in the inevitable onslaught of complacency. This was never me - I never found real happiness from being in a leadership position at a large IT organization. At my core, I am a problem solver; that is the singular thing that makes me happy. Seeing all the smart people that I hired do all the work - that I didn't do - made me even more unhappy. Mind you - I am doing exactly what I should be doing fair and square at my role in my organization, but it didn't bring personal satisfaction.



The feeling of database base responding to your query, to return a tricky result, tinkering with the query to get the result faster, quicker. That was the ultimate joy I ever felt in my entire programming career.

I would have enjoyed working with USCIS to effectively map the results based on A numbers.

run the query chart to push more numbers adapting the Airline reservation system where they plan and ensure no seats are vacant on a flight, and slip in a bug in the code like the guys who did the round off change in the movie Office space, so the spill over is tilted towards the backlogged people. Highlight the downgraders on bold allow their release only after them yielding a month behind EB3 with corresponding date;) Come on this is my wish list, my rules !!!!

That would be my dream rewarding job irrespective of the money.

[sportsfan33]

The feeling of database base responding to your query, to return a tricky result, tinkering with the query to get the result faster, quicker. That was the ultimate joy I ever felt in my entire programming career.

I would have enjoyed working with USCIS to effectively map the results based on A numbers.

run the query chart to push more numbers adapting the Airline reservation system where they plan and ensure no seats are vacant on a flight, and slip in a bug in the code like the guys who did the round off change in the movie Office space, so the spill over is tilted towards the backlogged people. Highlight the downgraders on bold allow their release only after them yielding a month behind EB3 with corresponding date;) Come on this is my wish list, my rules !!!!

That would be my dream rewarding job irrespective of the money.

LOL! I like the way you are thinking...but there is just one problem! The USCIS is satanic and a sadist organization, and the last thing they desire is efficiency, fairness and a proper utilization of all visa numbers.

And forget about "transparency". If you even utter the word, they would be outside of your house with pitchforks.

[samada]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Last but not least, I wish everyone all the luck and get greened sooner.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.

[vedu]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.

Congratulations, Samada! It's been a long time coming!!

[may2011]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Last but not least, I wish everyone all the luck and get greened sooner.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.


Congratulations!

[may2011]

I have a query about downgrading and interfiling.

My PD is May 2011 and I have applied for AOS (Under EB2 ) in Oct 2020.Still waiting for the receipts. Spouse is on H4 EAD and waiting for approval.Due to processing delays for H4 EAD, we are planning to use GC EAD for spouse (provided we get it ).I have the following questions. I tried to find answers , but am still confused;

1)If I maintain my H1B and my dependent uses GC EAD, can I downgrade to EB3 incase it becomes current before EB2? From what I understand in order to downgrade, one needs to maintain their H1B.Once they use their GC EAD, they are tied to one queue.

2) Is downgrading same as interfiling?If not, what is the difference? I read about some cases where someone's PD is current under EB3, but they are not downgrading due to delays and risks.

Thanks

[incredible]

Seems USCIS is working in overdrive suddenly. Supplement J that I have applied back in 2020 Jan and was pending for long time, suddenly got approved today. This makes me believe that the RFE (not yet received the documents) may only be related to medicals. There may be a good chance of dates advancing to early 2010 (FAD) very soon for EB2 based on sudden activities that we are seeing.

Hi Gurus,

Need some help and advice. Today I have received the RFE Documents for both myself and spouse. The questions were typical like G-325, Medicals and proof of EAD's. There is one question that threw some possibilities and options to me. Just to give the context, I did change jobs in 2020 Feb and applied for Supplement J and it was approved last week (Feb 2021). The one question that RFE asks for me is "Upon becoming permanent resident do you still intend to be employed by your company?, if not, please submit completed supplement-J". Now while this is a straight-forward question, this left me with few options as I was in discussion with a big consulting firm to move. The current timeline for responding to RFE is 05/09. My discussions with the new company may not materialize or finalize till close to end of April. With this, I have few questions and your wisdom is highly appreciated.

Option 1 : Include supplement J as part of my discussions with the new employer and make sure I get it some time between March/April and respond to RFE with all those documents.
Option 2: Respond to RFE without supplement - J, as no supplement-J was asked if I stay with my current company. In case, I am close to switching later in April, file supplement J separately
Option 3: Dont supply supplement-J at all, let the process with the new company go as it does and respond to RFE and if I get current in May(Feb 01 2010 PD), get GC
Option 4: Delay the new offer as much as possible to later part of the year and get greened first and then switch

What are the implications of not filing supplement -J and getting GC and then switching immediately? would it amount to lying to USCIS and would it cause issues later if I want to naturalization etc. ?

Thanks for all the advice and help.

[idliman]

I have a query about downgrading and interfiling.

My PD is May 2011 and I have applied for AOS (Under EB2 ) in Oct 2020.Still waiting for the receipts. Spouse is on H4 EAD and waiting for approval.Due to processing delays for H4 EAD, we are planning to use GC EAD for spouse (provided we get it ).I have the following questions. I tried to find answers , but am still confused;

1)If I maintain my H1B and my dependent uses GC EAD, can I downgrade to EB3 incase it becomes current before EB2? From what I understand in order to downgrade, one needs to maintain their H1B.Once they use their GC EAD, they are tied to one queue.

EB2 or EB3 status is based on the classification in I-140. The same PERM can be used for both EB2 and EB3 if they meet the criteria. That?s why if you stay with the same employer at the same job at the same location it is easy to downgrade from EB2 to EB3.

If you are in H1B, you will would already have one approved I-140. Then you can either choose to file a new I-140 or do an amended I-140 to downgrade from EB2 to EB3. If you have two separate I-140?s, then you will choose whichever PD becomes current and then file your I-485. So yes, you will have to maintain your H1B or L1 status to go and file I485.

Once you use EAD for work, you go into "AOS Pending" status. You cannot file a COS to move back to H1B. You need to go out of country, get a H1B stamp at the embassy and answer some questions on "Dual intent" at the embassy.

When you are in "AOS Pending" status after using EAD, you will not be able to prove your underlying status (H1B or L1). Whereas if you are still on H1B then you can apply for "Change of Underlying Basis" or "Interfiling" to move back and forth from EB to EB3 and vice versa.



2) Is downgrading same as interfiling?If not, what is the difference? I read about some cases where someone's PD is current under EB3, but they are not downgrading due to delays and risks.
"Interfiling" is what you do after I-485 has been submitted. Anything you do before filing I-485 is downgrade or upgrade. You can also file I-485 simultaneously / concurrently with I-140 downgrade / upgrade.

"Interfiling" is more general. You can move from dependent to primary and also from FB to EB.

Hope this helps.

[may2011]

EB2 or EB3 status is based on the classification in I-140. The same PERM can be used for both EB2 and EB3 if they meet the criteria. That?s why if you stay with the same employer at the same job at the same location it is easy to downgrade from EB2 to EB3.

If you are in H1B, you will would already have one approved I-140. Then you can either choose to file a new I-140 or do an amended I-140 to downgrade from EB2 to EB3. If you have two separate I-140?s, then you will choose whichever PD becomes current and then file your I-485. So yes, you will have to maintain your H1B or L1 status to go and file I485.

Once you use EAD for work, you go into "AOS Pending" status. You cannot file a COS to move back to H1B. You need to go out of country, get a H1B stamp at the embassy and answer some questions on "Dual intent" at the embassy.

When you are in "AOS Pending" status after using EAD, you will not be able to prove your underlying status (H1B or L1). Whereas if you are still on H1B then you can apply for "Change of Underlying Basis" or "Interfiling" to move back and forth from EB to EB3 and vice versa.


"Interfiling" is what you do after I-485 has been submitted. Anything you do before filing I-485 is downgrade or upgrade. You can also file I-485 simultaneously / concurrently with I-140 downgrade / upgrade.

"Interfiling" is more general. You can move from dependent to primary and also from FB to EB.

Hope this helps.
Thanks a ton! Your explanation helps a lot!

[aGCHopefull]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Last but not least, I wish everyone all the luck and get greened sooner.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.

Congratulations!!

[incredible]

Hi Gurus,

Need some help and advice. Today I have received the RFE Documents for both myself and spouse. The questions were typical like G-325, Medicals and proof of EAD's. There is one question that threw some possibilities and options to me. Just to give the context, I did change jobs in 2020 Feb and applied for Supplement J and it was approved last week (Feb 2021). The one question that RFE asks for me is "Upon becoming permanent resident do you still intend to be employed by your company?, if not, please submit completed supplement-J". Now while this is a straight-forward question, this left me with few options as I was in discussion with a big consulting firm to move. The current timeline for responding to RFE is 05/09. My discussions with the new company may not materialize or finalize till close to end of April. With this, I have few questions and your wisdom is highly appreciated.

Option 1 : Include supplement J as part of my discussions with the new employer and make sure I get it some time between March/April and respond to RFE with all those documents.
Option 2: Respond to RFE without supplement - J, as no supplement-J was asked if I stay with my current company. In case, I am close to switching later in April, file supplement J separately
Option 3: Dont supply supplement-J at all, let the process with the new company go as it does and respond to RFE and if I get current in May(Feb 01 2010 PD), get GC
Option 4: Delay the new offer as much as possible to later part of the year and get greened first and then switch

What are the implications of not filing supplement -J and getting GC and then switching immediately? would it amount to lying to USCIS and would it cause issues later if I want to naturalization etc. ?

Thanks for all the advice and help.

Discussed with someone with considerable experience over the weekend and the suggestion was to go with the current state as there is no new offer. As of now the idea is to respond to the RFE without supplement - J and then if a new offer comes, whenever it comes, just before joining, file a supplement-J independent of the RFE response. By the way, I also going to discuss with an attorney this week and post their views as well.

[aGCHopefull]

Once you use EAD for work, you go into "AOS Pending" status. You cannot file a COS to move back to H1B. You need to go out of country, get a H1B stamp at the embassy and answer some questions on "Dual intent" at the embassy.

When you are in "AOS Pending" status after using EAD, you will not be able to prove your underlying status (H1B or L1). Whereas if you are still on H1B then you can apply for "Change of Underlying Basis" or "Interfiling" to move back and forth from EB to EB3 and vice versa.


Related question, would be great if someone can explain:
Let's say a family travels to India in summer. Primary travels back to US alone in July with H1-B visa stamp (valid up to Sep 2021). Dependents travel back to US later in August (no valid H4 visa stamp) and use EAD at immigration (EAD/485/AP - applied in Oct 2020).

1. Would that change the status of primary also from H1-B to EAD ("AOS Pending")?
2. If primary's status remains H1-B then how does status change after Sep 2021 for primary? What date would be reflected on I-94 post Sep 2021?
3. What would be date on I-94 for dependents?

[rabp77]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Last but not least, I wish everyone all the luck and get greened sooner.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.

Congratulations. Great to hear about this.

[inspired_p]

Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.

Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.

I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.

Last but not least, I wish everyone all the luck and get greened sooner.

Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.


Congratulations !Good news !

[inspired_p]

Related question, would be great if someone can explain:
Let's say a family travels to India in summer. Primary travels back to US alone in July with H1-B visa stamp (valid up to Sep 2021). Dependents travel back to US later in August (no valid H4 visa stamp) and use EAD at immigration (EAD/485/AP - applied in Oct 2020).

1. Would that change the status of primary also from H1-B to EAD ("AOS Pending")?
2. If primary's status remains H1-B then how does status change after Sep 2021 for primary? What date would be reflected on I-94 post Sep 2021?
3. What would be date on I-94 for dependents?

I would like to check with the experts here what they think of my situation regarding dependents
My spouse is currently working on H1-B ( has PD of EB3-I May 2009 but left the employer who sponsored)
Currently she qualifies for EB1/EB2 NIW but current employer will file GC only after 3 years of employment
We both received EAD cards this month based on my application.
She is in process of joining a new employer and they have started the process of applying H1-B for her.

1) If she takes the new employment using the EAD , can she go back to H1-B if something goes wrong with I-485 application that was filed based on my employment.
For past 18 years we have kept our legal statuses separate and we are wary now to become dependent on the each other status.
2) If her employer agrees to apply for her GC ( PERM and I-140), will we file I-485 again or will we both interfile the I-485 case moving me from primary to dependent.

[idliman]

Related question, would be great if someone can explain:
Let's say a family travels to India in summer. Primary travels back to US alone in July with H1-B visa stamp (valid up to Sep 2021). Dependents travel back to US later in August (no valid H4 visa stamp) and use EAD at immigration (EAD/485/AP - applied in Oct 2020).

1. Would that change the status of primary also from H1-B to EAD ("AOS Pending")?
2. If primary's status remains H1-B then how does status change after Sep 2021 for primary? What date would be reflected on I-94 post Sep 2021?
3. What would be date on I-94 for dependents?

1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.

2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".

3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.

These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.

I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:

Switching between H1B and EAD (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD)
See AP Travel Thread for using AP for Travel and related info (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP).
Browse EAD Renewal Sample thread for general info on staying and renewing EAD (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

[Noesis]

Hello Guys,

I filed my EB3 Downgrade application (PD - Dec 2012) on 12/18 (reached TSC on 12/21) and have not heard anything after that. The checks have not been cashed yet. The only confirmation I have of the application is the tracking number. Can anyone please guide on what steps they took as it would be 60 days since application was received with no receipt numbers (whoever was/is in similar boat).? If I call USCIS Contact Center:800-375-5283 or Chat with Emma, what information could I provide other than the tracking number.?

Also off topic on H4 and EAD, my spouse's H4 and EAD applications are in process (Change of status from H1 B to H4) since May of 2020 with no update. Have called several times, raise a couple SRs to be only told that the biometric were requested but USCIS cannot control local ASCs and cannot provide when we would receive biometric application. Any advise on what could be done here.?

Thank you much;

[may2011]

Hello Guys,

I filed my EB3 Downgrade application (PD - Dec 2012) on 12/18 (reached TSC on 12/21) and have not heard anything after that. The checks have not been cashed yet. The only confirmation I have of the application is the tracking number. Can anyone please guide on what steps they took as it would be 60 days since application was received with no receipt numbers (whoever was/is in similar boat).? If I call USCIS Contact Center:800-375-5283 or Chat with Emma, what information could I provide other than the tracking number.?

Also off topic on H4 and EAD, my spouse's H4 and EAD applications are in process (Change of status from H1 B to H4) since May of 2020 with no update. Have called several times, raise a couple SRs to be only told that the biometric were requested but USCIS cannot control local ASCs and cannot provide when we would receive biometric application. Any advise on what could be done here.?

Thank you much;

Hi,

I applied in Oct 2020, no downgrade .Still haven't got the receipt. My application was sent to the Texas lockbox.I don't know what we can do.
With regards to H4 EAD, there are long delays.Spouses application is pending since June. Its frustrating. Unfortunately there is nothing we can do.I really doubt their capacity to process so many applications

[may2011]

Hi,

I applied in Oct 2020, no downgrade .Still haven't got the receipt. My application was sent to the Texas lockbox.I don't know what we can do.
With regards to H4 EAD, there are long delays.Spouses application is pending since June. Its frustrating. Unfortunately there is nothing we can do.I really doubt their capacity to process so many applications

An update.Just chatted with EMMA .Got the receipt number after 3.5 months.So don't worry...

[Noesis]

An update.Just chatted with EMMA .Got the receipt number after 3.5 months.So don't worry...

That's good to know. 3 and a half months is too long of a time just to issue receipt numbers.

Thank you. When were your checks cashed.? As for H4 and H4 EAD; absolutely, the wait is unreal and I am at wits' end.

[may2011]

That's good to know. 3 and a half months is too long of a time just to issue receipt numbers.

Thank you. When were your checks cashed.? As for H4 and H4 EAD; absolutely, the wait is unreal and I am at wits' end.

Yea the wait is never ending..but it's out of our control..filing properly on time is all that we can do

[android09]

1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.

2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".

3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.

These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.

I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:

Switching between H1B and EAD (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD)
See AP Travel Thread for using AP for Travel and related info (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP).
Browse EAD Renewal Sample thread for general info on staying and renewing EAD (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).


Hi @idliman,

All your posts related to EAD/AP and associations related to H1b, H4 EAD etc are worth their weight in gold. Kindly request you add/move these posts to the dedicated EAD thread you had created for reference by the community. I dont want such important commentary be lost in these pages as the commentary changes. People use the EAD thread and it would be really valuable to have details such as this, AOS EAD is permanent, AOS EAD/AP no fee details etc be part of the dedicated EAD thread.

Thanks!

[aGCHopefull]

1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.

2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".

3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.

These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.

I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:

Switching between H1B and EAD (https://www.qesehmk.org/forums/showthread.php/2942-Switching-between-AP-and-H1-and-the-role-of-EAD)
See AP Travel Thread for using AP for Travel and related info (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP).
Browse EAD Renewal Sample thread for general info on staying and renewing EAD (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).


Thanks @Idliman for a prompt reply. Appreciate it.
Just to clarify for 2(b), if dependents use just the AP (not employed today, no H4 EAD) for entry, will they maintain H4 status? Would that still be true if the H1/H4 extension has NOT been applied? (assuming employer does not apply for H1 extension going forward)

sorry, one more question:
in above scenario for primary (returns back on H1 which is valid till Sep 2021), If employer does not apply for H1 extension, what happens after Sep 2021? I-94 expires on Sep 2021? Does primary need to start using EAD ? file some paperwork ?

[idliman]

Thanks @Idliman for a prompt reply. Appreciate it.
Just to clarify for 2(b), if dependents use just the AP (not employed today, no H4 EAD) for entry, will they maintain H4 status? Would that still be true if the H1/H4 extension has NOT been applied? (assuming employer does not apply for H1 extension going forward)

In the case of multiple status situations like "H1+AOS Pending" or "H4+AOS Pending", first individual conditions for each status must be met. Then you look whether what you did is compatible with each other. To maintain H4 status, the primary must be in H1 status, then the dependent should have an approved unexpired H4 status. If you are entering the country you need to have a H4 stamp too. Just like how it is normally done. So to be in H1/H4 both primary and dependent(s) need to apply for renewal and keep extending, so that their immigration status on such and such date is always valid.

If you are in AOS pending status, my take is that the dependent should move to GC EAD (because of the 4 reasons that I listed earlier). This does not affect the primary H1B status. I don't see a lot of positives for staying on H4.

Once you get H4 or GC EAD don't forget to get SSN and claim any stimulus money.


in above scenario for primary (returns back on H1 which is valid till Sep 2021), If employer does not apply for H1 extension, what happens after Sep 2021? I-94 expires on Sep 2021? Does primary need to start using EAD ? file some paperwork ?
If the employer does not extend H1 status, then you for you to keep working to get a valid pay check, you need to present a valid work authorization. The only other authorization that you have is the EAD. So you will have to move to EAD or "AOS Pending" status after the expiry of H1B. The employer will ask for your EAD and then complete the I-9 form along with "E-Verify" process.

Hope this helps.

[Mgajsk]

Hi Gurus,

I have applied for AOS this october and EAD, AP on Dec 4th.

My online status for I-765 shows on "February 12, 2021 Card Is Being Produced"

But my I-131 and My spouse's I-765 and I-131 cases show as "closed". When my spouse called USCIS , they mentioned that her cases ( I-765, I-131 ) are terminated and should wait for paper communication.

Is there any cause for concern ?

[idliman]

I would like to check with the experts here what they think of my situation regarding dependents
My spouse is currently working on H1-B ( has PD of EB3-I May 2009 but left the employer who sponsored)
Currently she qualifies for EB1/EB2 NIW but current employer will file GC only after 3 years of employment
We both received EAD cards this month based on my application.
She is in process of joining a new employer and they have started the process of applying H1-B for her.

1) If she takes the new employment using the EAD , can she go back to H1-B if something goes wrong with I-485 application that was filed based on my employment.
For past 18 years we have kept our legal statuses separate and we are wary now to become dependent on the each other status.
2) If her employer agrees to apply for her GC ( PERM and I-140), will we file I-485 again or will we both interfile the I-485 case moving me from primary to dependent.
Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.

Your wife's PD (EB3I May2009) is FA current. But she does not have an active I-140. If she can go back to the employer who filed for GC then that will be the fastest GC option for you and family. You will get GC before Oct 2021 in this scenario.

Nothing bad will happen to your I485. Normally I485 is denied only for extreme reasons (fraud, medical, background, criminal, DUI, felony, etc.,). So be in peace.

First make sure you meet the 180 day requirement for AC21. That is a very good safety net.

Having myself faced the 2012 situation where the 2009/2010 PD EB2I folks are still waiting and looks like will wait for some more months, I would like you to always have multiple paths for GC. That means having both EB2 and EB3 options open for your family.

EB2I Path: Your PD is almost Nov2010. Ace is optimistic. However, I based on my past wisdom thinks that your PD will be FA current only in the next year (2022).

EB3I Path: My thinking is that your wife should take up the new job and start the PERM process in the new job immediately for EB3I. Your spouse will get your PERM+I140 approved in 12 to 18 months. So in the worst case your wife and family can adjust status before Oct 2022. In the mean time she should just continue to be your dependent for AOS purposes. I think this is the fastest option for you as of now.

Get opinion from others on this topic. I think you are very conservative and safe player. Good Luck.

[idliman]

Hi Gurus,

I have applied for AOS this october and EAD, AP on Dec 4th.

My online status for I-765 shows on "February 12, 2021 Card Is Being Produced"

But my I-131 and My spouse's I-765 and I-131 cases show as "closed". When my spouse called USCIS , they mentioned that her cases ( I-765, I-131 ) are terminated and should wait for paper communication.

Is there any cause for concern ?
Strange. The only requirement for (c)(9) EAD/AP is that I485 should be pending. Don't panic. Just wait to see the reason. Getting EAD/AP is just an extra benefit. The main thing is that AOS stays pending and not getting denied.

[aGCHopefull]

In the case of multiple status situations like "H1+AOS Pending" or "H4+AOS Pending", first individual conditions for each status must be met. Then you look whether what you did is compatible with each other. To maintain H4 status, the primary must be in H1 status, then the dependent should have an approved unexpired H4 status. If you are entering the country you need to have a H4 stamp too. Just like how it is normally done. So to be in H1/H4 both primary and dependent(s) need to apply for renewal and keep extending, so that their immigration status on such and such date is always valid.

If you are in AOS pending status, my take is that the dependent should move to GC EAD (because of the 4 reasons that I listed earlier). This does not affect the primary H1B status. I don't see a lot of positives for staying on H4.

Once you get H4 or GC EAD don't forget to get SSN and claim any stimulus money.


If the employer does not extend H1 status, then you for you to keep working to get a valid pay check, you need to present a valid work authorization. The only other authorization that you have is the EAD. So you will have to move to EAD or "AOS Pending" status after the expiry of H1B. The employer will ask for your EAD and then complete the I-9 form along with "E-Verify" process.

Hope this helps.

Sincere thanks @Idliman!

[Mgajsk]

Strange. The only requirement for (c)(9) EAD/AP is that I485 should be pending. Don't panic. Just wait to see the reason. Getting EAD/AP is just an extra benefit. The main thing is that AOS stays pending and not getting denied.

Thanks Idliman. Spouse is tensed as she cant wait to join her job back. Her H4EAD is pending since September and apparently they will not reuse the Biometrics done for AOS.

[bones20]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

[vsivarama]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

The answer to all of your questions is NO. EAD/AP belongs to you and not tied to your employer.

[bones20]

The answer to all of your questions is NO. EAD/AP belongs to you and not tied to your employer.

thank you.

[inspired_p]

Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.

Your wife's PD (EB3I May2009) is FA current. But she does not have an active I-140. If she can go back to the employer who filed for GC then that will be the fastest GC option for you and family. You will get GC before Oct 2021 in this scenario.

Nothing bad will happen to your I485. Normally I485 is denied only for extreme reasons (fraud, medical, background, criminal, DUI, felony, etc.,). So be in peace.

First make sure you meet the 180 day requirement for AC21. That is a very good safety net.

Having myself faced the 2012 situation where the 2009/2010 PD EB2I folks are still waiting and looks like will wait for some more months, I would like you to always have multiple paths for GC. That means having both EB2 and EB3 options open for your family.

EB2I Path: Your PD is almost Nov2010. Ace is optimistic. However, I based on my past wisdom thinks that your PD will be FA current only in the next year (2022).

EB3I Path: My thinking is that your wife should take up the new job and start the PERM process in the new job immediately for EB3I. Your spouse will get your PERM+I140 approved in 12 to 18 months. So in the worst case your wife and family can adjust status before Oct 2022. In the mean time she should just continue to be your dependent for AOS purposes. I think this is the fastest option for you as of now.

Get opinion from others on this topic. I think you are very conservative and safe player. Good Luck.

Thank you very much for such detail analysis and laying. out all the options.
I will not call myself conservative, we just really didn't care about the GC process till PD got current.
I am now waiting for GC in the EB3-I NOV 2010(not EB2 ),so I also seem to be tending to the option of having my wife join the employer on H1-B and asking them to file her GC application ( it will not matter which category as all will be current for her PD) .

Wanting her to be on H1-B is more of safety net, two bites at the cherry if required.

If we do end up not getting GC by the time she get a new I-140 approved, do we have to file I485 again? And what about EAD/AP ?

[inspired_p]

Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.


I totally agree on this. Not sure if it came out as braggadocios in my post, I assure you its not the case.
Actually for last 2 weeks, I have been in discussion on this very forum where I have categorically stated my opinion that EB1/EB2/EB3 are just administrative categories.

[raradhya]

When should we expect the Visa bulletin? any rumblings around the forward movement?

[Turbulent_Dragonfly]

When should we expect the Visa bulletin? any rumblings around the forward movement?

From the Feb Bulletin, there is not much optimism of dates moving until May:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:
Worldwide: Current
China: Up to six months
India: Up to six months

Employment Second:
Worldwide: Current
China: Up to three weeks
India: Up to two weeks

Employment Third:
Worldwide: Current
China: Up to one month
India: Up to three weeks
Mexico: Current
Philippines: Current

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing.

[rabp77]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

EAD is linked to a pending adjustment of status application (i-485) in your case. So as long as your i-485 is pending with USCIS and your EAD end date is not reached, it will continue to be valid. The only thing that will make it invalid are either the end date expiring, or i-485 not being pending (approved or rejected)

[bones20]

EAD is linked to a pending adjustment of status application (i-485) in your case. So as long as your i-485 is pending with USCIS and your EAD end date is not reached, it will continue to be valid. The only thing that will make it invalid are either the end date expiring, or i-485 not being pending (approved or rejected)
Thank you!

[rainmaker12]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

[Mgajsk]

Does anyone know if any of the Biden executive orders include termination of I-485 interviews ?

[newyorker123]

Does anyone know if any of the Biden executive orders include termination of I-485 interviews ?

Saw this:
https://www.menendez.senate.gov/imo/media/doc/USCitizenshipAct2021BillText.pdf

This contains Removal of country caps and a host of other positive changes. However, its too early to say - the whole bill will be subject to a lot of scrutiny so everything could change.

[ivohra]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

I am in the same boat. My husband and I were both fingerprinted on Jan-5. My EAD was approved on Jan-6 and received soon after. My husband's case status is stuck at "Case Was Updated To Show Fingerprints Were Taken." I consulted my attorney and he advised that we contact the local congressmen and after receiving a response we then file an inquiry with Ombudsman.

[ImmiAlien]

I am in the same boat. My husband and I were both fingerprinted on Jan-5. My EAD was approved on Jan-6 and received soon after. My husband's case status is stuck at "Case Was Updated To Show Fingerprints Were Taken." I consulted my attorney and he advised that we contact the local congressmen and after receiving a response we then file an inquiry with Ombudsman.

We are in the same situation too.
Priority date EB2 Feb 2010
Fingerprints Jan 21
Received my EAD Feb 02
My husband(primary applicant) hasn?t received EAD either. We thought it may be because he traveled out of the country after filing the applications. We were told the 131 would be rejected and he has to reapply for that.

[Turbulent_Dragonfly]

I am in the same boat. My husband and I were both fingerprinted on Jan-5. My EAD was approved on Jan-6 and received soon after. My husband's case status is stuck at "Case Was Updated To Show Fingerprints Were Taken." I consulted my attorney and he advised that we contact the local congressmen and after receiving a response we then file an inquiry with Ombudsman.

They are probably just gonna say they are backed up, end of story. Gave my FP in the first week of Dec and still don't have any approval, so I have just given up on that since I am in the process of renewing my H1 again.

[ak7419]

They are probably just gonna say they are backed up, end of story. Gave my FP in the first week of Dec and still don't have any approval, so I have just given up on that since I am in the process of renewing my H1 again.

..and my wife is still waiting for her 485 EAD renewal receipt notice which expires in April. She may have to quit her job :(

They are just backed up and the winter storm added some more to it.

[reys03]

Same here, FP on 12/04/2020, but not heard back anything for my spouse or myself (NBC service center).

[Turbulent_Dragonfly]

..and my wife is still waiting for her 485 EAD renewal receipt notice which expires in April. She may have to quit her job :(

They are just backed up and the winter storm added some more to it.

With all the issues going on in Texas, they have more excuses now to fall back on, keep watching... There are so many avenues available to speed up processing especially collecting fingerprints/photos etc with technology, there is no will or initiative to do that. For example I can go to an authorized center in a rural location and get my TWIC credentials with which I can even fly and is basically the same process, collection of photos and fingerprints to issue a Federal ID. They could streamline a lot of these processes to speed up processing... there is just no will.

[qesehmk]

Those in Texas - I hope you guys are doing ok. Some of the stories we hear are quite sad.

[texas_]

We are doing ok. Water is out but got the power all these time.
Snow is melting at a rapid speed here in Austin so no worries... Hoping to melt it by tomorrow (55 F)
Some days were extremely cold man.
Managing water is tricky ......

[FarAwayfromGC]

Does anyone know if any of the Biden executive orders include termination of I-485 interviews ?

There is nothing in the EOs to help legal immigrants get GCs faster this year. May be USCIS will do away with interviews , of late many ROW EB2s are being issued GCs and are not being asked to appear for interviews .

[Kesid23]

Same here, FP on 12/04/2020, but not heard back anything for my spouse or myself (NBC service center).

Same with me as well. NBC service center. Gave the finger print on December 2nd and nothing after that.

We had to start the H1B renewal process because our current H1Bs are valid only till April, 2021!!

[RVSree]

Those in Texas - I hope you guys are doing ok. Some of the stories we hear are quite sad.

We managed without power and water (water pipes were frozen) for three days since Monday, specifically without heater was challenging midst of a record low temperatures, ice and snow. Now we have a moderate weather outside and the power is restored, it may take another few days for the snow to melt down.

it was a kind of east-cost winter experience for people living in Texas.

[mcmilers]

I would say it was way worse than the East coast or midwest. I have lived in Parsippany, the Boston area, and Chicago suburbs. No matter how worse the snowstorm was we never lost power and the roads were mostly clean.

tbh, I consider my family and me very lucky as we only had rolling power blackouts and pipes never froze. but a lot of people had extended blackouts, pipes frozen and even houses flooded. They were really affected.

[qesehmk]

We are doing ok. Water is out but got the power all these time.
Snow is melting at a rapid speed here in Austin so no worries... Hoping to melt it by tomorrow (55 F)
Some days were extremely cold man.
Managing water is tricky ......
That's good to know. The problem with water I hear is that there is risk of contamination and so they may have purposefully blocked it to avoid lawsuits. But once the temperaturs are in 50s or 60s life will be much bearable.

We managed without power and water (water pipes were frozen) for three days since Monday, specifically without heater was challenging midst of a record low temperatures, ice and snow. Now we have a moderate weather outside and the power is restored, it may take another few days for the snow to melt down.

it was a kind of east-cost winter experience for people living in Texas.
I don't know if you have young children but those with small chindren, it must be harrowing. I have heard this first time in my 21 years in US now that Texas had snow. May be they do but I never heard it.

I would say it was way worse than the East coast or midwest. I have lived in Parsippany, the Boston area, and Chicago suburbs. No matter how worse the snowstorm was we never lost power and the roads were mostly clean.

tbh, I consider my family and me very lucky as we only had rolling power blackouts and pipes never froze. but a lot of people had extended blackouts, pipes frozen and even houses flooded. They were really affected.
My experience is that states that don't get snow are not at all prepared. They get overwhelmed when it snows. Once I drove from michigan to wisconsin in snow storm. My wife was pregnant and just the two of us in car and we drove in a huge storm all the way. But those states are so well equipped to all kinds of emergencies that we reached wisconsin just fine. Texas is not ready and should not be ready for snow. But I guess global warming is indeed changing the normal.

[Turbulent_Dragonfly]

My experience is that states that don't get snow are not at all prepared. They get overwhelmed when it snows. Once I drove from michigan to wisconsin in snow storm. My wife was pregnant and just the two of us in car and we drove in a huge storm all the way. But those states are so well equipped to all kinds of emergencies that we reached wisconsin just fine. Texas is not ready and should not be ready for snow. But I guess global warming is indeed changing the normal.

Mostly because it does not make any fiscal sense for them to stock or have retainer contracts for salt, trucks, crews etc., if it snows a couple of days or a week in one year. Now if this keeps happening, everyone will be forced to adjust.

[qesehmk]

Mostly because it does not make any fiscal sense for them to stock or have retainer contracts for salt, trucks, crews etc., if it snows a couple of days or a week in one year. Now if this keeps happening, everyone will be forced to adjust.
Yes indeed. As I said --- "texas shouldn't be ready" but if this becomes a pattern then we will have to adjust.

[sportsfan33]

Folks,

Sorry to hijack the thread with a side question. Q can move it to an appropriate thread if needs be.

A dear relative's daughter has an admit from a good school in the US for her Masters. The situation is: their whole family was supposed to visit the US last year and they all applied for B1/B2 in April 2020. But then COVID19 happened, and the applications remain "pending" to this day.

The question is - when she does receive her I20 and goes to get her F1 stamped, what happens to this pending application? Does she have to revoke it or can she apply for another nonimmigrant visa while her first application is in limbo? Anyone knows?

A secondary question: We were hoping she would stay with us for the whole summer, but she thinks she might not be able to travel prior to one month of her program start date. (Getting visa appointment may be another hurdle, but for simplicity, I am not factoring in that issue yet). Anyone knows what the new F1 regulations are?

Thanks

[qesehmk]

Folks,

Sorry to hijack the thread with a side question. Q can move it to an appropriate thread if needs be.

A dear relative's daughter has an admit from a good school in the US for her Masters. The situation is: their whole family was supposed to visit the US last year and they all applied for B1/B2 in April 2020. But then COVID19 happened, and the applications remain "pending" to this day.

The question is - when she does receive her I20 and goes to get her F1 stamped, what happens to this pending application? Does she have to revoke it or can she apply for another nonimmigrant visa while her first application is in limbo? Anyone knows?

A secondary question: We were hoping she would stay with us for the whole summer, but she thinks she might not be able to travel prior to one month of her program start date. (Getting visa appointment may be another hurdle, but for simplicity, I am not factoring in that issue yet). Anyone knows what the new F1 regulations are?

Thanks

We are in exact same situation. My understanding is that everything is visa dependent. And currently visas are not being issued. So the student in our case is waiting for consulate to open in Mumbai. That is a bigger problem than duplicate applications. I imagine the consulates can easily see all prior applications when you make yet another visa application. Applications pending due to COVID delays should have no negative impact.

[srimurthy]

Looks like now we have moved to the end of the month for the visa bulletin.

[vsivarama]

Looks like now we have moved to the end of the month for the visa bulletin.

Yeah, and honestly it doesn't make much difference now, with 90-95% of the people filing AOS in Oct, Nov and Dec using the filing dates. The major function a bulletin now serves at this point is to find out who is current rather than to find out who is eligible to file for AOS.

[srimurthy]

Yeah, and honestly it doesn't make much difference now, with 90-95% of the people filing AOS in Oct, Nov and Dec using the filing dates. The major function a bulletin now serves at this point is to find out who is current rather than to find out who is eligible to file for AOS.

The performance seems to be just hitting the benchmarks for worst, as its now months for receiving receipt numbers, months for receiving bio-metrics letters or appointments or anything. When it is very well known that India and China are backlogged for so many years and every year there are thousands of applications waiting for dates, its just crazy that the dates are moved for file for years without even realizing what is the organizations working capacity.

[Turbulent_Dragonfly]

Looks like now we have moved to the end of the month for the visa bulletin.

They are releasing it a month apart, just that the release date has shifted. You can argue that it's only three weeks since the last one got released. Of course if someone is in a pinch to gather documentation, the extra couple of weeks available before the end of the next month following the bulletin could be huge. Unfortunately I don't think there is anything in law which states the visa bulletin is to be released by certain timelines.

[android09]

They are releasing it a month apart, just that the release date has shifted. You can argue that it's only three weeks since the last one got released. Of course if someone is in a pinch to gather documentation, the extra couple of weeks available before the end of the next month following the bulletin could be huge. Unfortunately I don't think there is anything in law which states the visa bulletin is to be released by certain timelines.

When the Visa bulletin was released for Oct 2020, the Filing Dates were set to MAY-15-2011 for EB2I and JAN-1-2015. Assumption is based on the spillover, there are 261,500 visas to give in the new financial year and these dates represent where things would potentially look like a year from the date. Would it be the case that given the loads USCIS is seeing and the applications it has received, the next Visa bulletin change the Filing date to say May 2010 for EB2 and EB3 because of lack of processing capacity ? Or do we expect this Filing Date be the date of MAY-15-2011 and JAN-1-2014 that will be hit by Oct 2021?

[Transformer]

In trackitt I see people with PD of Aug 2010 EB2 and May 2011 EB2, who filed in October getting medical RFE. This is a positive indication but we can’t tell for sure unless more people get the RFE.

[may2011]

In trackitt I see people with PD of Aug 2010 EB2 and May 2011 EB2, who filed in October getting medical RFE. This is a positive indication but we can’t tell for sure unless more people get the RFE.

May2011 getting RFEs? That's too good to be true.Lets wait and see

[Turbulent_Dragonfly]

May2011 getting RFEs? That's too good to be true.Lets wait and see

Could be something, could be nothing...

https://twitter.com/gsiskind/status/1364040361954275329

Greg Siskind
@gsiskind
Once again, the Visa Bulletin is very late. I have heard from someone in a position to know that there is something major coming in the bulletin, but I don't know what exactly. Only that it would be very good. So stay tuned. If I'm wrong, we'll know soon.

[ImmiAlien]

Indeed great new. Eb2 moved to 15 Jan 2010.

[bangaloreboy]

Mar 2021 VB out
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-march-2021.html

[bangaloreboy]

EB2I FA date 15JAN10
EB3I FA Date 01JUL10

[incredible]

Mar 2021 VB out
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-march-2021.html

This is by far a very good visa bulletin for FAD after October, 2020. Hoping that they started to use the spill over. This also explains a lot of RFE's of late.

[mitul75]

This is good news indeed. Funny that in the last bulletin they had predicted only 2 weeks of movement till May.

[AceMan]

Mar 2021 VB out
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-march-2021.html

Finally moved Eb3 got to move past May 2010 after Eb2 reaching there more than 9 years back.

[incredible]

This is good news indeed. Funny that in the last bulletin they had predicted only 2 weeks of movement till May.

That comment probably was from the last administration. New administration's first real visa bulletin definitely looks much better

[goracer]

EB2I FA date 15JAN10
EB3I FA Date 01JUL10

That's great and first positive movement since October...congrats to all who got current...

[smuggymba]

EB2I FA date 15JAN10
EB3I FA Date 01JUL10

Mine is March 30, 2010....so hopefully I can get greened by end of year (fingers crossed)

[Moveon]

That comment probably was from the last administration. New administration's first real visa bulletin definitely looks much better

Splendid news! The new administration has delivered in its very first bulletin helping legal immigrants. I suppose a lot us mailing our members of congress to move dates did bear fruit . Thanks everyone who mailed your members , keep the pressure by thanking them for their help and requesting that they make sure the USCIS issues every single green card for the deserving legal immigrants who contribute so much for the US economy . Best of luck , Lets hope the FA dates moves to 2011 by the last quarter and interviews are exempt . We have been here for well over 10 years , they have enough history about us .

[incredible]

Splendid news! The new administration has delivered in its very first bulletin helping legal immigrants. I suppose a lot us mailing our members of congress to move dates did bear fruit . Thanks everyone who mailed your members , keep the pressure by thanking them for their help and requesting that they make sure the USCIS issues every single green card for the deserving legal immigrants who contribute so much for the US economy . Best of luck , Lets hope the FA dates moves to 2011 by the last quarter and interviews are exempt . We have been here for well over 10 years , they have enough history about us .

Agree. They know everything about us already. My PD is 02/01 and have to respond to medical RFE. I will be sending the packet next week. Hopefully the date becomes current in the next month or two and not delay thereafter with RFE already responded. Keeping fingers crossed !!!

[Zenzone]

Splendid news! The new administration has delivered in its very first bulletin helping legal immigrants. I suppose a lot us mailing our members of congress to move dates did bear fruit . Thanks everyone who mailed your members , keep the pressure by thanking them for their help and requesting that they make sure the USCIS issues every single green card for the deserving legal immigrants who contribute so much for the US economy . Best of luck , Lets hope the FA dates moves to 2011 by the last quarter and interviews are exempt . We have been here for well over 10 years , they have enough history about us .

That's great news indeed. I hope they waive interviews more as a norm than exception and get the line moving and keep overall wastage to an acceptable minimum by the end of this fiscal!

[Turbulent_Dragonfly]

Congrats to all those who became current! Siskind definitely seems to have some insiders and came through this time... :)

[march272010]

Mine 27 March 2010 :) got rfe yestereday they just asking medicals as they expired when filed for RFE back in 2018

[vsivarama]

As expected USCIS did the opposite of their movement projection. This has been happening quite a bit of late. I am glad that at least there is a method to USCIS madness!! Anyone with PD May 01/10 - Jul 01/10 getting GC in next few weeks would be a very positive sign as they filed for AOS in Oct 2020.

[Turbulent_Dragonfly]

Now all the second guessing by EB2 folks with PDs from May 2010-Jul 2010 who did not downgrade will start! :) The reality is that likely EB3 will slow down some time because of the downgrades and EB2 will catch up. If they are determined to move EB2 FAD until May 2011 by the September bulletin, they will have to move it by 3 months every bulletin which they just started, so it could be a good sign. So we could see mid-April 2010 by April and mid-July 2010 in May VB.

[bluelabel]

My PD is 02 March 2010, need to reply RFE next week. Hopefully it will be current next month.

[phkb2020]

Has anyone with post 2010 priority dates with pending application at TSC received any RFEs ?
Mine is Feb 2010 priority date, applied with TSC in 2012. Not a single RFE till now.

[ak7419]

I don't want to be a debbie downer but how is USCIS going to process all these applications? I am EB2 Sep 2009 and I have not received any RFE yet and there are hundreds of folks like me. I am just confused..

[Justmyself]

Any predictions on future movements for EB3I? It does look like EB2I might have a good year. With EB1 almost current and lot of EB3 downgrades past May 2010, the future looks good for EB2I. Is EB3I expected to reach May 2011 this FY? Any thoughts?

[skpanda]

Any predictions on future movements for EB3I? It does look like EB2I might have a good year. With EB1 almost current and lot of EB3 downgrades past May 2010, the future looks good for EB2I. Is EB3I expected to reach May 2011 this FY? Any thoughts?

My prediction - This year I feel that EB3I will always be ahead of EB2I atleast by 6 months. Next year onwards.. downgrades will catch up and they should go hand in hand.

Anybody with PD >= May 2010 should consider downgrading.
Anybody with PD >= Jan 2011 should seriously think of downgrading. If not, there is a chance of GC in hand moved by years.

[texas_]

Mine 27 March 2010 :) got rfe yestereday they just asking medicals as they expired when filed for RFE back in 2018

Is your PD of 27 March 2010 from EB2 or EB3 ?

[19YRSNOGC]

Became Current for 2nd time after 10 years. Replied to RFE regarding Marriage certificate and Birth certificate.

[march272010]

EB2 only Nebraska Service center, 485 J approved in 2018. Interesting is few of my friends in TSC with PD sep / oct 2009 they not even getting RFE

[vsivarama]

Any predictions on future movements for EB3I? It does look like EB2I might have a good year. With EB1 almost current and lot of EB3 downgrades past May 2010, the future looks good for EB2I. Is EB3I expected to reach May 2011 this FY? Any thoughts?

EB3I should move to Sep-Oct 2011 (provided no numbers are wasted). Most of the downgrades will kick in after May 2011. People before May 2011 are better off staying in EB2 as downgrade will have an extra step of applying i140 and getting it approved, which will take a few months. Plus when you are revisiting your case there is always a slight risk involved. For people beyond May 2011 it may be worth the risk but for others not sure if it's worth it especially when you will be getting Horizontal + Vertical spillover this year.

[Zenzone]

My prediction - This year I feel that EB3I will always be ahead of EB2I atleast by 6 months. Next year onwards.. downgrades will catch up and they should go hand in hand.

Anybody with PD >= May 2010 should consider downgrading.
Anybody with PD >= Jan 2011 should seriously think of downgrading. If not, there is a chance of GC in hand moved by years.

I think the dates will move in tandem starting the last quarter. There is enough downgrade demand and dual filed I-140s from ppl. who upgraded to EB2 from EB3 early on (if I'm not wrong).

[idliman]

Congratulations to everyone who became FA current in this bulletin. To me this looks like the movement for 5.2K GC quota destined for each country. Horizontal or Vertical spillover that ROW does not use has not been applied yet. Hopefully that spillover will happen in May timeframe or earlier. I wish for the JB admin to move dates steadily instead of making sudden jumps in the later half. That will increase the chances of more GCs being approved.

Remember the discussions we had in Oct timeframe (before elections) where people were expressing their opinion's about either a DT or JB win. I am pretty sure that had DT won, the State Department would have dragged their feet on VB movement till June/July timeframe and finally said USCIS does not have capacity to issue GCs. Whether you have PD in 2010 or 2015, you want as many GCs to be issued as possible this year so that there are less people in front of you in the queue.

[Zenzone]

Congratulations to everyone who became FA current in this bulletin. To me this looks like the movement for 5.2K GC quota destined for each country. Horizontal or Vertical spillover that ROW does not use has not been applied yet. Hopefully that spillover will happen in May timeframe or earlier. I wish for the JB admin to move dates steadily instead of making sudden jumps in the later half. That will increase the chances of more GCs being approved.

Remember the discussions we had in Oct timeframe (before elections) where people were expressing their opinion's about either a DT or JB win. I am pretty sure that had DT won, the State Department would have dragged their feet on VB movement till June/July timeframe and finally said USCIS does not have capacity to issue GCs. Whether you have PD in 2010 or 2015, you want as many GCs to be issued as possible this year so that there are less people in front of you in the queue.

Idli, I feel that this movement is for more than 5.2K per country. Especially with EB2 it feels that way as I would imagine the Q4 of 2009 folks + dependents in the backlog will be more than 5K based on my rough approximation.

[idliman]

Idli, I feel that this movement is for more than 5.2K per country. Especially with EB2 it feels that way as I would imagine the Q4 of 2009 folks + dependents in the backlog will be more than 5K based on my rough approximation.
You are right. When I did calculation based on Pending Inventory, I think 5.2K came to Dec. So was hoping that maybe USCIS considered some down porting to EB3 to end up at 15JAN10 (giving the benefit of doubt to forward movement).

[qesehmk]

Guys - please take a look at this thread and help our new member verify my answer or correct it. It's a question of his daughter's health.

https://www.qesehmk.org/forums/showthread.php/2943-Public-Charge-and-Its-Impact-on-GC

[Transformer]

I have this lingering question for a long time. Applied for AOS for me and wife in Oct 2020 with EB2-EB3 downgrade and PD is May 2011. Attorney didn't advice to apply AOS for my kid (16 years old) with the fear that if FAD doesn't move and kid ages out it may be a problem to convert to F1 in the future. Wife is working on H4 EAD expiring end of the year. With H4 EAD taking forever to renew, if she uses GC EAD and I continue on H1 (no option for me as child is on H4) and in the future if

EB2 May 2011 becomes current, what are my options?
How can I file my Child's AOS in EB2 while I am on EB3?
Should we all have to file AOS again in EB2? (I don't think my wife can file another AOS without maintaining non immigrant status).
Can me and my child can apply in EB2 and my wife can continue on EB3? or all have to be in same category?

Appreciate any advice on this.

[idliman]

I have this lingering question for a long time. Applied for AOS for me and wife in Oct 2020 with EB2-EB3 downgrade and PD is May 2011. Attorney didn't advice to apply AOS for my kid (16 years old) with the fear that if FAD doesn't move and kid ages out it may be a problem to convert to F1 in the future. Wife is working on H4 EAD expiring end of the year. With H4 EAD taking forever to renew, if she uses GC EAD and I continue on H1 (no option for me as child is on H4) and in the future if

EB2 May 2011 becomes current, what are my options?
How can I file my Child's AOS in EB2 while I am on EB3?
Should we all have to file AOS again in EB2? (I don't think my wife can file another AOS without maintaining non immigrant status).
Can me and my child can apply in EB2 and my wife can continue on EB3? or all have to be in same category?

Appreciate any advice on this.

Reg EB2 to EB3 downgrade: Did your attorney file a new I-140 separately for EB3 or just amended existing I-140 to EB3. If you have two separate I-140's then you are eligible in both queues. Your kid is 16. Assuming that he/she starts college at 18, you should have enough time to get FA dates current and stop the age-out. I don't see any problem with filing "AOS" for your kid. He/she will get a SSN first. Just work to make sure that you have both EB2 and EB3 routes as your kid is facing a age-our scenario.

The AOS dependents status is tied to primary status. If the primary is on EB2, the dependent's are on EB2. Otherwise they are on EB3. It is impossible for the primary to be in EB3 and dependent to be on EB2. Depending on which "FA" date becomes current, you will have to move your existing I485 application to that queue. You may want to read about which queue is better for your PD. But, I would prepare for both the queues and do what is necessary to make myself eligible for both at moment's notice.

No problem with your wife's employment. She can continue to work on H4 EAD till she gets GC / AOS based EAD/AP. Once you have GC EAD in hand your wife will switch to "AOS Pending Status". I had listed 4 advantages of GC EAD in an earlier post. An integral part of staying in EAD status OR maintaining an unexpired EAD/AP is filing for timely renewal. Browse our EAD forum to prepare for that.

AOS or I485 application is filed only once. You can always "change underlying basis" a.k.a. "interfiling". Attorneys don't file more than one I485 as it can cause unintended consequences. It is like you having two SSN's. One A# is given per alien.

Immigrant and Non-Immigrant visas are different. H1/ L1 and their derivatives H2/L2 are non-immigrant visas. They allow you to enter USA and do your job. If you meet some conditions, then you can get an EAD to work on H2/L2. GC is immigrant visa. Once you apply for I485 a.k.a. Adjustment of Status (AOS), you automatically have a backup status called "AOS Pending". You need to meet 180 day requirement to be eligible for AC21. Under "AOS Pending", you can work if you have EAD and travel when you have AP.

You are in the right place. Just keep reading more and more posts and you will be an immigration expert in no time. Good Luck.

[mr00us]

While it is surprising that the dates moved substantially, we can find some logic in these actions. They have not moved the filing dates but are aggressive about FAD which means, they do not want to waste visa numbers and are not waiting to see what spillover will be used by ROW. Initially I thought that they will wait till last quarter but they must have some clarity of usage pattern for ROW and EB1 so the spillover is being used. While no one can predict what USCIS is going to do, I strongly believe that the FAD will move in similar pace till Sep visa bulleting and maybe beyond when Filing dates will be pushed forward as well.

They may also be preparing for immigration bill and if that passes, millions of applications will need to be processed. If they divert resources there, we may lose visas on EB side because hiring more staff and training will take time if immi bill happens.

[AceMan]

My prediction - This year I feel that EB3I will always be ahead of EB2I atleast by 6 months. Next year onwards.. downgrades will catch up and they should go hand in hand.

Anybody with PD >= May 2010 should consider downgrading.


What is the rationale behind this statement? I would call it irrational and misleading at this time for the following reasons.

1. EB1 is getting current. The vertical spill over gets applied to EB2 in the 3rd quarter.
2. EB2 already moved more than 3 months for this bulletin which is the last bulletin of 2nd quarter. It is expected to move more in the coming 2-3 bulletins.
3. What happened to the people who downgraded in 2018? Did they get greened faster? There is no detailed information about people getting greened faster in EB3 compared to EB2 even after downgrade.
4. Without an approved 140, CPSA will not kick in even if you interfile based on final dates.

[idliman]

While it is surprising that the dates moved substantially, we can find some logic in these actions. They have not moved the filing dates but are aggressive about FAD which means, they do not want to waste visa numbers and are not waiting to see what spillover will be used by ROW. Initially I thought that they will wait till last quarter but they must have some clarity of usage pattern for ROW and EB1 so the spillover is being used. While no one can predict what USCIS is going to do, I strongly believe that the FAD will move in similar pace till Sep visa bulleting and maybe beyond when Filing dates will be pushed forward as well.

They may also be preparing for immigration bill and if that passes, millions of applications will need to be processed. If they divert resources there, we may lose visas on EB side because hiring more staff and training will take time if immi bill happens.
I am just paraphrasing Ace's recent saying: "You are hoping for Chicken Biryani and the eggs are only hatching now". I think it is just the 5.2K movement with some margin. If anyone has any other data points, lets discuss.

Immigration bill is a long shot as of now and the wording will change a 1000 times before it is voted. You need 10 republican Senators to overcome the filibuster for that. If you want to have a feel for how tough it is in the Hill, wait to see how many R's are going to vote for 1.9T COVID bill.

[maverick2010]

Reg EB2 to EB3 downgrade: Did your attorney file a new I-140 separately for EB3 or just amended existing I-140 to EB3. If you have two separate I-140's then you are eligible in both queues. Your kid is 16. Assuming that he/she starts college at 18, you should have enough time to get FA dates current and stop the age-out. I don't see any problem with filing "AOS" for your kid. He/she will get a SSN first. Just work to make sure that you have both EB2 and EB3 routes as your kid is facing a age-our scenario.

The AOS dependents status is tied to primary status. If the primary is on EB2, the dependent's are on EB2. Otherwise they are on EB3. It is impossible for the primary to be in EB3 and dependent to be on EB2. Depending on which "FA" date becomes current, you will have to move your existing I485 application to that queue. You may want to read about which queue is better for your PD. But, I would prepare for both the queues and do what is necessary to make myself eligible for both at moment's notice.

No problem with your wife's employment. She can continue to work on H4 EAD till she gets GC / AOS based EAD/AP. Once you have GC EAD in hand your wife will switch to "AOS Pending Status". I had listed 4 advantages of GC EAD in an earlier post. An integral part of staying in EAD status OR maintaining an unexpired EAD/AP is filing for timely renewal. Browse our EAD forum to prepare for that.

AOS or I485 application is filed only once. You can always "change underlying basis" a.k.a. "interfiling". Attorneys don't file more than one I485 as it can cause unintended consequences. It is like you having two SSN's. One A# is given per alien.

Immigrant and Non-Immigrant visas are different. H1/ L1 and their derivatives H2/L2 are non-immigrant visas. They allow you to enter USA and do your job. If you meet some conditions, then you can get an EAD to work on H2/L2. GC is immigrant visa. Once you apply for I485 a.k.a. Adjustment of Status (AOS), you automatically have a backup status called "AOS Pending". You need to meet 180 day requirement to be eligible for AC21. Under "AOS Pending", you can work if you have EAD and travel when you have AP.

You are in the right place. Just keep reading more and more posts and you will be an immigration expert in no time. Good Luck.

Above post have lot of insights related to "interfiling"

Idliman ,

Since applicant can file I-485 'only once', what if if someone already filed I-485 and want to downgrade now? (My situation - I have already filed I-485 with Sep 2010 priority date and thinking about downgrade)

Thanks
Jay

[gcconnect]

Above post have lot of insights related to "interfiling"

Idliman ,

Since applicant can file I-485 'only once', what if if someone already filed I-485 and want to downgrade now? (My situation - I have already filed I-485 with Sep 2010 priority date and thinking about downgrade)

Thanks
Jay

For 2010 EB2I people - IMHO Its not right time to think about downgrade as explained earlier EB1 getting current vertical spillover will cover some part and the horizontal spill over will cover rest of the 2010.

[idliman]

Above post have lot of insights related to "interfiling"
Idliman ,

Since applicant can file I-485 'only once', what if if someone already filed I-485 and want to downgrade now? (My situation - I have already filed I-485 with Sep 2010 priority date and thinking about downgrade)

Thanks
Jay
First with the recent pace of EB2 movement, you may be current very soon in EB2. As you already have "AOS Pending" and EAD/AP, I would advise you to do EB2 to EB3 interfiling only when the "FA" dates are current and you are reasonably confident that they will not retrogress.

Next I want to point out an often ignored point. If you transfer basis from EB2 to EB3 or vice versa using a new I-140, it will reset the adjudication clock for AC21 portability eligibility. You need to stay with the employer for 180 days after "Interfiling". There is no law for "Interfiling". So it is just a administrative procedure followed by USCIS and you may browse through the USCIS PM Chapter 8 (https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8). One of the requirements is that I-485 application must be continuously eligible for approval.

If you are working for the same employer / same job / same location as you EB2 I-140, I see no problem in doing a new EB3 I-140. Interfiling is just a "letter" / "request" made to USCIS to link your I485 file to another "I-140". The same process is used to move one from I-130 (Family based) to I-140 (employment based). I-485 application just for an individual. If you clear all the checks, then eligibility comes from EB / FB or marriage.

[bones20]

For 2010 EB2I people - IMHO Its not right time to think about downgrade as explained earlier EB1 getting current vertical spillover will cover some part and the horizontal spill over will cover rest of the 2010.

My PD is 04/29/2010. Thinking about downgrade since it seems it will take at least 2 more months to become current ("bird in the hand is worth two in the bush"). Any suggestion?

[Transformer]

Interfiling is just a "letter" / "request" made to USCIS to link your I485 file to another "I-140".

Thanks Idliman for your insights on interfiling. I had a consultation with RNLawGroup (Rahul Reddy) before and what's their take is, "interfiling" has no proper definition in USCIS manual and once we do an interfiling request, it may or may not be accepted. They are advising all their clients to file another 485 when switching the lanes. Especially with kids aging out, generally the first of the month when FAD becomes current the child's age is frozen. What they say is interfiling doesn't freeze the age. If you are lucky you get GC for the kid, if not he may age out. They are saying it is perfectly legal to have more than one 485 and they said they filed for several of their clients and at the time of adjudication, the officer will request them to withdraw other 485 and approves one.

I hear the same from them repeatedly in all their weekly youtube question hours. What's your take on that?

[Transformer]

My PD is 04/29/2010. Thinking about downgrade since it seems it will take at least 2 more months to become current ("bird in the hand is worth two in the bush"). Any suggestion?

Do you already have approved 140 in EB3? If not, I don't think it is a good idea. 140 is taking a long time now and most of the cases they are rejecting premium process for downgrade 140. I think, you will get your GC in EB2 before your EB3 140 is approved.

[smuggymba]

My PD is 02 March 2010, need to reply RFE next week. Hopefully it will be current next month.

What's your service center? TCS or NSC?

[vsivarama]

My PD is 04/29/2010. Thinking about downgrade since it seems it will take at least 2 more months to become current ("bird in the hand is worth two in the bush"). Any suggestion?

Unless you already have a i140 in EB3 approved it's only going to add to your wait time. Plus for people who are thinking of downgrade (esp who filed AOS in Oct 2020), need to keep one thing in mind. Date is current not necessarily equals to GC. Date is current and 485 application process (fingerprints/Background checks/possible Interviews) is complete equals GC. USCIS will perform these actions on their schedule.

[idliman]

Thanks Idliman for your insights on interfiling. I had a consultation with RNLawGroup (Rahul Reddy) before and what's their take is, "interfiling" has no proper definition in USCIS manual and once we do an interfiling request, it may or may not be accepted. They are advising all their clients to file another 485 when switching the lanes. Especially with kids aging out, generally the first of the month when FAD becomes current the child's age is frozen. What they say is interfiling doesn't freeze the age. If you are lucky you get GC for the kid, if not he may age out. They are saying it is perfectly legal to have more than one 485 and they said they filed for several of their clients and at the time of adjudication, the officer will request them to withdraw other 485 and approves one.

I hear the same from them repeatedly in all their weekly youtube question hours. What's your take on that?
What you are asking is beyond my paygrade of "Internet Troll" / "Keyboard Warrior". Here's my take.

This is more of a practice thing. How different law firms do their business practice is different. This law firm consisting of Rahul Reddy and Emily Neumann (aka Immigration Girl) were made internet famous in the ITServ alliance issue. Google to see more details / videos for yourself.

There is nothing in the law that prevents multiple I-485's. You will use the A# (equivalent of SSN) to let USCIS catalog your multiple I485s. But there must be a reason why respectable law firms do not follow this route. Once you file additional I485, you need to pay for another set of I485 fees. With interfiling you don't have to do that.

Various respectable law firms have used "interfiling" method for decades and got successful results. The Chinese back loggers pioneered the EB3 downgrade. It is described well in the USCIS Policy Manual and practice (https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-8), I don't know what else you need. If you have 10% truth, you can "Honest Bullshit" something. In the words of 45th President, "I call it Truthful Hyperbole".

If it were me, I would get separate opinion from other reputable law firms before deciding.

[SOL123]

March 2021 Visa Bulletin is out

EB2 15 JAN 2010
EB3 01 July 2010

[Transformer]

Once again thanks Idliman for your thoughtfulness. This is the reason I come to this forum, to get insights from people like you with evidence/link to the law.

[Turbulent_Dragonfly]

Looking at the July 2018 pending I-485 inventory, can we say only 3,500 or so will be pending in EB2 India? Could be lower with some abandoning their case, moved to other categories etc.

[android09]

Thanks Idliman for your insights on interfiling. I had a consultation with RNLawGroup (Rahul Reddy) before and what's their take is, "interfiling" has no proper definition in USCIS manual and once we do an interfiling request, it may or may not be accepted. They are advising all their clients to file another 485 when switching the lanes. Especially with kids aging out, generally the first of the month when FAD becomes current the child's age is frozen. What they say is interfiling doesn't freeze the age. If you are lucky you get GC for the kid, if not he may age out. They are saying it is perfectly legal to have more than one 485 and they said they filed for several of their clients and at the time of adjudication, the officer will request them to withdraw other 485 and approves one.

I hear the same from them repeatedly in all their weekly youtube question hours. What's your take on that?

With the thousands upon thousands of immigration law firms out there, why did you have to go to these guys ?