EB2-3 Predictions (Rather Calculations)

[AceMan]

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.

Don't miss the numbers from 12th October 2009 to 15th January 2010. We have about 3300 total applicants who were the part of the forgotten lot. If USCIS is capable of processing these 3000+ souls in March, then there is a high probability of the Eb2 final dates beyond May 1st 2010 in the next bulletin or 2. But again RFE's and responses in time would be another crucial factor.

[prabakarb]

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 .


It is funny to people give credit to new admin for the date movement in VB. It is Trump admin which restricted new family and DV GCs last year to protect American citizens and legal immigrants which resulted VB date movement. Dems do not care of about legal immigrants, they want illegals for their vote bank. I am sad to see how brainwashed people are.

[Turbulent_Dragonfly]

It is funny to people give credit to new admin for the date movement in VB. It is Trump admin which restricted new family and DV GCs last year to protect American citizens and legal immigrants which resulted VB date movement. Dems do not care of about legal immigrants, they want illegals for their vote bank. I am sad to see how brainwashed people are.

1776

Not taking that....

[Turbulent_Dragonfly]

Don't miss the numbers from 12th October 2009 to 15th January 2010. We have about 3300 total applicants who were the part of the forgotten lot. If USCIS is capable of processing these 3000+ souls in March, then there is a high probability of the Eb2 final dates beyond May 1st 2010 in the next bulletin or 2. But again RFE's and responses in time would be another crucial factor.

Yep, that's true. Hopefully we will start seeing sign of more GCs being issued now that the crush of the applications has hopefully subsided. I know a lot are still waiting for receipts. Would not be a bad time to have a Check-in with Charlie to get a feel for what their outlook is for the rest of the fiscal is since we are done with Q1-Q2.

[suninphx]

For any politically(left , right, center or whatever) motivated post we have a separate thread now. Please use that.

[vsivarama]

1776

Not taking that....

LOL! I thought that too.

[prabakarb]

LOL! I thought that too.

Turbulent_Dragonfly/vsivarama: I expected the mocking but, you would have disputed what I said if I said something wrong, you cannot do that as those were the facts, it is not a bait. You can mock all you want, but if you want to me ignorant, that is your prerogative.

suninphx: You are right, we can use the different forum for these conversation, but someone started in this forum so I replied.

[bones20]

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.


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.

thank you.

[smuggymba]

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.

I digress but want to comment anyway: It's shameful that people still use this guys services; he's clearly one who wanted us to be stuck in backlogs so he and his cabal can continue to milk us for decades. We desis have a very short memory and that's a dangerous thing - no one should use his services.

sorry for the rant, back to the topic.

[qesehmk]

I digress but want to comment anyway: It's shameful that people still use this guys services; he's clearly one who wanted us to be stuck in backlogs so he and his cabal can continue to milk us for decades. We desis have a very short memory and that's a dangerous thing - no one should use his services.

sorry for the rant, back to the topic.

I have the same impression about him. I don't think one needs to file another 485. Looks like he wants to earn his filing fees.

[srimurthy]

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.



Idliman - Maverick's PD is Sep'2010 so with a EB2 filing there may be no EAD / AP yet, just in case you want to present a alternate path.

[aGCHopefull]

Few questions related to SSN. Can you please explain and advise based on your experience?

So we opted for SSN when applying for EAD in Oct 2020.

1. When do dependents receive SSN? Let's say EAD is approved sometime in March, when we can expect SSN?
2. Once EAD is approved, is there any action item pertaining to SSN on us? Do we need to go to SSN office?
3. Can SSN be used for tax filing right away? To be specific, if SSN is issued in March 2021 then can it be used for Tax year 2020 filing? (PS: used ITIN in prior years).
4. Again to use SSN on tax filing (instead of ITIN)... what do we need to do?

5. If let's say, we use SSN for Tax Year 2020 and that somehow put us in an income threshold that provides benefit from Covid stimulus.... would that harm from public charge perspective?

[H1b2006]

Great News from March Bulletin.

Folks considering all the lock boxes are not opened and not all applications are not receipted yet, how many months of additional processing time it will add once your FAD is current, since USCIS is still backlogged receipting the applications.

Also what abt mandatory interview how much time it will add to get GC once FAD is current.

[idliman]

Idliman - Maverick's PD is Sep'2010 so with a EB2 filing there may be no EAD / AP yet, just in case you want to present a alternate path.
I would still wait for the magic word from CO to understand the movement. With EB1I moving 7 months, they are setting it to be current in the next 2 bulletins. Once EB1I is current EB2I should zoom ahead. When will it happen? May or later. If it is much later, where is USCIS going to get capacity to process GCs? Already most interviews are cancelled for EB. But some higherup from JB admin should demand results from USCIS for it to change its mentality from enforcement to benefits/service mindset. It is definitely possible, looking at how fast they issued GCs in 2012 or so.

If you remember, the DF was set at 15MAY11 in Oct for EB2I. You can guess the number of people from May2010 who have down-ported to EB3I. So anyone before that time has a good chance. EB3I is a sure bet for Sep2010 (EB3I is already at 01JUL2010). But will down-porting help? In the worst case for EB2I, lets say Sep2010 waits till next year to be FA current (with another huge spillover from FB). You may want to look at the current trends to decide.

[gcconnect]

Few questions related to SSN. Can you please explain and advise based on your experience?

So we opted for SSN when applying for EAD in Oct 2020.

1. When do dependents receive SSN? Let's say EAD is approved sometime in March, when we can expect SSN?
2. Once EAD is approved, is there any action item pertaining to SSN on us? Do we need to go to SSN office?
3. Can SSN be used for tax filing right away? To be specific, if SSN is issued in March 2021 then can it be used for Tax year 2020 filing? (PS: used ITIN in prior years).
4. Again to use SSN on tax filing (instead of ITIN)... what do we need to do?

5. If let's say, we use SSN for Tax Year 2020 and that somehow put us in an income threshold that provides benefit from Covid stimulus.... would that harm from public charge perspective?

I received SSN for my daughter as soon as EAD received (After 5 days) .I called SSN office and they told me , no need to come to SSN office( you can call nearby SSN office and check). Used for tax filing for 2020 and got refund also.
Not claimed Covid stimulus which is eligible for new SSN
Take expert advise on public charge

[AceMan]

If you remember, the DF was set at 15MAY11 in Oct for EB2I. You can guess the number of people from May2010 who have down-ported to EB3I. So anyone before that time has a good chance. EB3I is a sure bet for Sep2010 (EB3I is already at 01JUL2010). But will down-porting help? In the worst case for EB2I, lets say Sep2010 waits till next year to be FA current (with another huge spillover from FB). You may want to look at the current trends to decide.

I want to present a story which I am sure lot of you must have heard.

As a sociological experiment, 10 monkeys were placed in a large cage. High up at the top of the cage, beyond the reach of the monkeys, were a bunch of bananas. Underneath the bananas was a ladder leading to the bananas. The monkeys hadn?t been fed for 12 hours and were extremely hungry. The monkeys immediately spot the bananas and the strongest begins to climb the ladder. As he does, however, a slight electric shock keeps him from ascending the ladder. At the same time that the monkey climbing the ladder gets a shock, the other monkeys on the floor are sprayed with water. The monkey on the ladder scrambles off and all 10 hungry monkeys sit for a time on the floor. Soon, the temptation of the bananas is too great and another monkey begins to climb the ladder. Again, the monkey is met with a slight electric shock as well as the other monkeys being sprayed. Over time, the monkeys learn not to go up the ladder. Now one monkey is removed and a new monkey is introduced to the cage. Spotting the bananas, he heads towards the ladder. The other monkeys, knowing his intention, cut him off and beat him. A second monkey is removed; he is one of the original 10 monkeys and is replaced with a new monkey. Again, the new monkey heads towards the ladder and, again, the other monkeys cut him off and beat him ? including the monkey who had never been up the ladder.

By the end of the experiment, none of the original monkeys were left. Despite none of them ever experiencing the slight shock, they had all learned not to climb up the ladder for the bananas.

[idliman]

I still don't know. That's how things are done around here.

But you cannot fault anyone. No one in the right frame of mind would have guessed that the some of the 2012 folks (15JAN2010+) would still be waiting for their FA dates to be current after 9 years. Before you blink, you lose quite a few years in backlog. Had it been DT admin, I would have honestly told everyone to try porting.

[Zenzone]

1776

Not taking that....

Was just catching up since yday. This is perfect. Let's not entertain trolls here. Complete waste of time. Those ppl. have trackitt just for that!

[maverick2010]

Thanks idliman for your insights!

I think folks who have PD in 2010 are going to live with this confusion until they get greened one way or other. May be the next April visa bulletin will provide trend on forward movement and give us better idea on how things going to pan out this year.

[Turbulent_Dragonfly]

Filing Date is not being accepted for March, only FAD. Some may have missed out unfortunately, but positive news for those who got in to be honest because it would mean that they will have more processing capacity to approve I-485s rather than be stuck on initial receipting forever. This could be what they do for the rest of the fiscal which will portend well for spillover visa usage.

[AceMan]

Filing Date is not being accepted for March, only FAD. Some may have missed out unfortunately, but positive news for those who got in to be honest because it would mean that they will have more processing capacity to approve I-485s rather than be stuck on initial receipting forever. This could be what they do for the rest of the fiscal which will portend well for spillover visa usage.

Lot of people who are FD current in EB3 from April to June 30th are yet to get their receipts. It is going to be interesting to watch how things work for them.

[bikenlalan]

I need your opinion, My PD is EB-2 28 Feb 2011 and filed 485 on Oct 23, 2020. Still no fingerprints.
With the current date movement for EB3, would it be wise to start the downgrade process from EB2-EB3? Or wait for a few more VB to see how the trend is for EB3 and then start the process? My company's attorney mentioned that if the PD in EB3 becomes current, then we can start the downgrade process, but I feel waiting for that to happen may cost me faster GC if EB2 does not catch up to my PD and EB3 retrogresses and 140 approval takes longer these days. I would like to hear all of your opinions, Yes or No!
Would appreciate your responses.

[Transformer]

Lot of people who are FD current in EB3 from April to June 30th are yet to get their receipts. It is going to be interesting to watch how things work for them.
I think most of the people who filed in October got receipts but there is a huge backlog for biometrics. It's definitely interesting to watch if USCIS continue to move the FA dates despite not many approvable cases after April 2010. Unless they speed up biometrics, waive interviews and increase processing speed, I think they will waste lot of visas.

[Turbulent_Dragonfly]

Lot of people who are FD current in EB3 from April to June 30th are yet to get their receipts. It is going to be interesting to watch how things work for them.

Maybe those people will directly get their GC instead of EAD/AP once they do their biometrics :)

[Moveon]

It is funny to people give credit to new admin for the date movement in VB. It is Trump admin which restricted new family and DV GCs last year to protect American citizens and legal immigrants which resulted VB date movement. Dems do not care of about legal immigrants, they want illegals for their vote bank. I am sad to see how brainwashed people are.

prabakarb , please be more informed before making a comment. The Extra 120K was an unintended consequence of the order to close down the consulates. After the first VB, the trump administration quickly throttled the movement of dates and in its last VB allowed only a 2 day movement. Many of us mailed our members of congress and I got a response from two of them saying that they will look into it . Give credit when its due and plz do your research. Yes, democrats have leaned towards undocumented workers while republicans before Trump did more for EB. The previous admin hated most immigrants . Just look at the EAD/AP renewal times quadrupling under Trump . My AP is pending for the last 8 months. The current VB does makes me current, so will hope for the best.

[iamdeb]

Filing Date is not being accepted for March, only FAD. Some may have missed out unfortunately, but positive news for those who got in to be honest because it would mean that they will have more processing capacity to approve I-485s rather than be stuck on initial receipting forever. This could be what they do for the rest of the fiscal which will portend well for spillover visa usage.

DOS moved the EB1 filing date to current for all countries this bulletin. What is the point of advancing the filing date when USCIS is not going to accept it?:confused:

[Turbulent_Dragonfly]

DOS moved the EB1 filing date to current for all countries this bulletin. What is the point of advancing the filing date when USCIS is not going to accept it?:confused:

Yeah, pretty good observation. If they were confident that there are not many numbers between Aug 2020 and now in EB1, they could have simply made it current in FAD. I don't know if EB1 to EB2 spillover is immediately triggered and *has* to be implemented as soon as EB1 is current in FAD, so maybe they are trying to control that?

[inspired_p]

I understand that Vertical spillovers will be more for EB2 and EB3 will only Horizontal spillover.

But the number of applicants in EB2-I and EB3-I queue between January 2010 and May 2011 also have a ratio of 4:1 at least

So why do experts think EB2-I will race past EB3-I in the near future ?

Worst/Best case scenario is EB2-I and EB3-I will keep moving ahead at same pace.

Am I missing something here?

[Zenzone]

prabakarb , please be more informed before making a comment. The Extra 120K was an unintended consequence of the order to close down the consulates. After the first VB, the trump administration quickly throttled the movement of dates and in its last VB allowed only a 2 day movement. Many of us mailed our members of congress and I got a response from two of them saying that they will look into it . Give credit when its due and plz do your research. Yes, democrats have leaned towards undocumented workers while republicans before Trump did more for EB. The previous admin hated most immigrants . Just look at the EAD/AP renewal times quadrupling under Trump . My AP is pending for the last 8 months. The current VB does makes me current, so will hope for the best.

Honestly, I won't even bother replying mate. It was a troll at best!

[Zenzone]

I understand that Vertical spillovers will be more for EB2 and EB3 will only Horizontal spillover.

But the number of applicants in EB2-I and EB3-I queue between January 2010 and May 2011 also have a ratio of 4:1 at least

So why do experts think EB2-I will race past EB3-I in the near future ?

Worst/Best case scenario is EB2-I and EB3-I will keep moving ahead at same pace.

Am I missing something here?

I don't think the ratio is 4:1. Its probably lesser than that due to downgrading.

[qesehmk]

I understand that Vertical spillovers will be more for EB2 and EB3 will only Horizontal spillover.

But the number of applicants in EB2-I and EB3-I queue between January 2010 and May 2011 also have a ratio of 4:1 at least

So why do experts think EB2-I will race past EB3-I in the near future ?

Worst/Best case scenario is EB2-I and EB3-I will keep moving ahead at same pace.

Am I missing something here?

inspired - I have done this for a living and I can tell you with certainty that modelling this has been incredibly difficult because of the sensitivity of the forecasting model.

Ever heard of chaos theory - the proverbial butterfly in pacific causing storm half way across the world?

The forecasting of backlog reduction is - although not as bad - but is quite bad. The reason is very simple - the demand and is huge and supply is limited. So any tiny variations on the demand side can make one queue move faster than other quite easily.

I know this does not help you get exact answer you are looking for. But at least it tells you that any answer you get from anybody is going to be unreliable.

[Turbulent_Dragonfly]

I understand that Vertical spillovers will be more for EB2 and EB3 will only Horizontal spillover.

But the number of applicants in EB2-I and EB3-I queue between January 2010 and May 2011 also have a ratio of 4:1 at least

So why do experts think EB2-I will race past EB3-I in the near future ?

Worst/Best case scenario is EB2-I and EB3-I will keep moving ahead at same pace.

Am I missing something here?

Yeah it looks like they will keep pace with each other with EB3 running a few months ahead until May 2011. After May 2011, there are going to be thousands of downgrades to EB3 until Jan 1-2015, so it's going to be a muddled mess with people jumping back and forth between queues depending on what is more advantageous at that point of time. But at least people through the end of 2014 will be free agents in a couple of months and will no longer be tied to their employers and situations. They will happily take that compared to the 2009-2010 folks who have waited an agonizingly long time.

[bangaloreboy]

Hello All,
Sorry to hijack a very lively thread, but I have question and wasnt sure which thread to post to:
Situation: Wife, who is on H1, is coming off long term disability, is putting in her papers and applying for H4 COS this week.
Since she has been getting disability checks, would it become a problem when these checks are submitted to USCIS along with I-539 application (as proof of employment)?
My GC attorney suggested we dont submit them and see what happens! In any other situation I would have said lol, but this is a bit pressing. Maybe he makes sense? what do you guys think?
Really appreciate your thoughts and do move this post where you deem fit. Thanks!

[qesehmk]

Hello All,
Sorry to hijack a very lively thread, but I have question and wasnt sure which thread to post to:
Situation: Wife, who is on H1, is coming off long term disability, is putting in her papers and applying for H4 COS this week.
Since she has been getting disability checks, would it become a problem when these checks are submitted to USCIS along with I-539 application (as proof of employment)?
My GC attorney suggested we dont submit them and see what happens! In any other situation I would have said lol, but this is a bit pressing. Maybe he makes sense? what do you guys think?
Really appreciate your thoughts and do move this post where you deem fit. Thanks!

I don't see any reason whatsoever to mention the LTD checks. Why? Because they are NOT government assistance. You have paid for that LTD through your paycheck. And when the event happened you cashed your benefit. So I think your lawyer is right.

[bangaloreboy]

I don't see any reason whatsoever to mention the LTD checks. Why? Because they are NOT government assistance. You have paid for that LTD through your paycheck. And when the event happened you cashed your benefit. So I think your lawyer is right.

Thanks Q for your response,
I-539 has a section that asks if you were employed since last admitted or granted an extension or CoS and to provide weekly income details and such.
Since your latest pay were all LTD checks, should we or shouldn’t submit them as proof of employment but on LTD?
If it’s part of your employment benefits, which it is, is there a harm in submitting them?

[AceMan]

I understand that Vertical spillovers will be more for EB2 and EB3 will only Horizontal spillover.

But the number of applicants in EB2-I and EB3-I queue between January 2010 and May 2011 also have a ratio of 4:1 at least

So why do experts think EB2-I will race past EB3-I in the near future ?

Worst/Best case scenario is EB2-I and EB3-I will keep moving ahead at same pace.

Am I missing something here?

1777

The above is a tweet which I got from here and it was shared by David J Bier.
For calculation take the full year for 2010 and 2011. EB2 has about 45,000 applicants for this period and 11,500 for EB3. Since this list was released in March 2020, we can be sure all these numbers would have started to be greened only from FY 2021.

I have been a strong proponent of short term gain for EB2. Lot of people think that I do that to mislead people because my date is Feb 2011 in EB3. I have no intention to correct or change the way people think about my vested interest in this. I would rather put the analysis and my interpretation here.

The Eb1 movement over the last one year is a very key factor in me hedging the bet on EB2 for FY 21. EB1 India due to the backlog had their demand halved from April 2018 to March 2020. Eb1 ROW got current around same time when embassies closed and it resulted in spillover getting applied to EB1 India and China from last quarter of 2020.

Eb3-ROW had some huge demand at the start of FY 2020 and it was backlogged just before corona induced shutdown happened. It was backlogged for the entire FY 20 since then and returned to current only in the beginning of FY21.

EB2-ROW was having a good demand through out 2020 and it was expected to have cut off some time before Corona and it did not happen. However the high demand ensure EB2 I got only the bare minimum by looking at the date movement.

For 2021, unlike any previous years for the exception of 2005 we are getting about 262,000 for EB. The motivation factor is this should be a massive windfall to Indian backlog with the consular closings till March, and absolutely no demand from world wide. As we have seen so far for 6 months EB1 is now current and there is no demand in this FY for this category. We have already seen even with a 4:1 demand EB2 I moved more than EB3 I in the March bulletin.

This intensity is expected to continue for next 3-4 months at about 4 months movement where I am expecting EB2 in July bulletin to reach May 2011. This should be the motivation for the EB2 guys, instead of trying to jump to EB3 thinking you are going to get your GC an hour before. You already waited more than a decade so just wait it out instead of going to lawyers who are filing 2nd I-485 and looting more money out of you.

[H1b2006]

before downgrading it is 15308:6677 for eb2:eb3 in 2010 , 6500 approx falls under eb2 May 2010 who will not downport, rest 9000 people atleast 6000 moved to EB3 it becomes 10000:12000 for 2010 EB2:EB3

[qesehmk]

Thanks Q for your response,
I-539 has a section that asks if you were employed since last admitted or granted an extension or CoS and to provide weekly income details and such.
Since your latest pay were all LTD checks, should we or shouldn’t submit them as proof of employment but on LTD?
If it’s part of your employment benefits, which it is, is there a harm in submitting them?
Ok - I thought you were thinking of volunteering the information. If there is a specific question asking you about your income then you should be truthful. Disability pay is considered income and so yes it should be included. Again it all depends how they have phrased the question. Are they asking for W2 income or generally any income?

In either case - I don't see how this can in any way be harmful. I know your lawyer doesn't recommend. So I am puzzled honestly. Why would a lawyer knowingly ask you to not answer a question truthfully?

My take is - disability is not public burden. You or your employer has paid insurance premiums or social security for it.

p.s. - LTD is basically an insurance and there is a contract that binds the provider and the beneficiary. So this is classic old contract law. Immigration status does not affect contract law. Honestly you would be paid LTD even if you were an illegal immigrant.

[texas_]

before downgrading it is 15308:6677 for eb2:eb3 in 2010 , 6500 approx falls under eb2 May 2010 who will not downport, rest 9000 people atleast 6000 moved to EB3 it becomes 10000:12000 for 2010 EB2:EB3

So do you think EB2 FA dates will cross EB3 this year?

I believe EB2 and EB3 would be always 4-6 months apart until they catch up May 2011 timeline and then will play TAG afterwards depending on no of individuals downport/interfile

[MeraNumber09]

Hello All,

Been a silent spectator for loong time now watching Q, spec, kanmani, idliman et all squaring off with civility and agreeing to disagree where they don't see eye to eye. This forum is worth its weight in gold. I lost my username/password and hence created a brand new one now. Hope to learn more and maybe share my 2 cents going forward. May we all be greened soon. Cheers!

I had a quick question to ask the gurus. My situation is as below:
EB2-I, Priority date: 2011/march/31.
485,131 765 - filed Oct 2020.
Any calculation when FA might reach 03/31/2011 ?

Thanks in advance! Mods - pls move to the appropriate forum once answered.

[vsivarama]

Here is a link that tells us the approved i-140 numbers for 2020.

https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf

There is a sharp drop off from 2019 (144998) to 2020 (116685) in EB1/2/3 categories. If you subtract the numbers for India and China in EB2 and EB3 you get the ROW i140 numbers as 15827 in EB2 and 18893 in EB3. After factoring in the x2 multiplier, EB3I will probably only get the excess 34K of horizontal spillover if the trend continues in 2021, whereas potential horizontal spillover for EB2I will be 34K and some + Vertical Spillover. I believe people till May 2011 in EB2I should be in pretty good shape provided the numbers are not wasted.

[bangaloreboy]

Ok - I thought you were thinking of volunteering the information. If there is a specific question asking you about your income then you should be truthful. Disability pay is considered income and so yes it should be included. Again it all depends how they have phrased the question. Are they asking for W2 income or generally any income?

In either case - I don't see how this can in any way be harmful. I know your lawyer doesn't recommend. So I am puzzled honestly. Why would a lawyer knowingly ask you to not answer a question truthfully?

My take is - disability is not public burden. You or your employer has paid insurance premiums or social security for it.

p.s. - LTD is basically an insurance and there is a contract that binds the provider and the beneficiary. So this is classic old contract law. Immigration status does not affect contract law. Honestly you would be paid LTD even if you were an illegal immigrant.

USCIS asks for employer, weekly salary information (if applicant was employed prior to CoS to H4), which then has to be backed up with evidence like paystubs.
I agree with you that providing LTD income information is the right way to go and something that could be defended if it comes to that. Thanks again!

[qesehmk]

USCIS asks for employer, weekly salary information (if applicant was employed prior to CoS to H4), which then has to be backed up with evidence like paystubs.
I agree with you that providing LTD income information is the right way to go and something that could be defended if it comes to that. Thanks again!
Just to be clear LTD is not salary. It is benefit that is considered income. So again - it all depends on how the question is worded. I will say - just go ahead and use your best judgement - if USCIS has a problem you can always respond to their questions. All the best.

[inspired_p]

inspired - I have done this for a living and I can tell you with certainty that modelling this has been incredibly difficult because of the sensitivity of the forecasting model.

Ever heard of chaos theory - the proverbial butterfly in pacific causing storm half way across the world?

The forecasting of backlog reduction is - although not as bad - but is quite bad. The reason is very simple - the demand and is huge and supply is limited. So any tiny variations on the demand side can make one queue move faster than other quite easily.

I know this does not help you get exact answer you are looking for. But at least it tells you that any answer you get from anybody is going to be unreliable.

I know it's not easy to calculate with insufficient data. Thank you for your response. I was just wondering because EB3-I should leap frog ahead with only the horizontal spillover ( around 30 K) based on the whatever data we have. Also EB3 downgrades filled in oct 2020 might not have approved when the FAD gets current pushing the dates even further than what the calculation suggests. But this is all guesstimates.

[inspired_p]

1777

The above is a tweet which I got from here and it was shared by David J Bier.
For calculation take the full year for 2010 and 2011. EB2 has about 45,000 applicants for this period and 11,500 for EB3. Since this list was released in March 2020, we can be sure all these numbers would have started to be greened only from FY 2021.

I have been a strong proponent of short term gain for EB2. Lot of people think that I do that to mislead people because my date is Feb 2011 in EB3. I have no intention to correct or change the way people think about my vested interest in this. I would rather put the analysis and my interpretation here.

The Eb1 movement over the last one year is a very key factor in me hedging the bet on EB2 for FY 21. EB1 India due to the backlog had their demand halved from April 2018 to March 2020. Eb1 ROW got current around same time when embassies closed and it resulted in spillover getting applied to EB1 India and China from last quarter of 2020.

Eb3-ROW had some huge demand at the start of FY 2020 and it was backlogged just before corona induced shutdown happened. It was backlogged for the entire FY 20 since then and returned to current only in the beginning of FY21.

EB2-ROW was having a good demand through out 2020 and it was expected to have cut off some time before Corona and it did not happen. However the high demand ensure EB2 I got only the bare minimum by looking at the date movement.

For 2021, unlike any previous years for the exception of 2005 we are getting about 262,000 for EB. The motivation factor is this should be a massive windfall to Indian backlog with the consular closings till March, and absolutely no demand from world wide. As we have seen so far for 6 months EB1 is now current and there is no demand in this FY for this category. We have already seen even with a 4:1 demand EB2 I moved more than EB3 I in the March bulletin.

This intensity is expected to continue for next 3-4 months at about 4 months movement where I am expecting EB2 in July bulletin to reach May 2011. This should be the motivation for the EB2 guys, instead of trying to jump to EB3 thinking you are going to get your GC an hour before. You already waited more than a decade so just wait it out instead of going to lawyers who are filing 2nd I-485 and looting more money out of you.

Thank you for your response.
I also agree that the EB2-I will benefit from vertical spillover along with the horizontal spillover while EB3-I will only get the horizontal spillover in 2020 and 2021 ( 2022 will be back to the grid )
But I think not all with PD before May 2011 would have had the opportunity ( same employer and employer willing) to downgrade so the downgrade % will be higher for people with PD after May 2011
This is just a guess again.

Also EB3-I and EB2-I both moved 3 months in the March bulletin, so EB2-I didnt move more than EB3-I

[inspired_p]

before downgrading it is 15308:6677 for eb2:eb3 in 2010 , 6500 approx falls under eb2 May 2010 who will not downport, rest 9000 people atleast 6000 moved to EB3 it becomes 10000:12000 for 2010 EB2:EB3

Thats 75% of people downgrading. I don't think thats a good estimate. as FD of May 2011 was current for EB2-I, not many would have the employer willing to downgrade the petition when 485 was possible to be applied without it.

[inspired_p]

Yeah it looks like they will keep pace with each other with EB3 running a few months ahead until May 2011. After May 2011, there are going to be thousands of downgrades to EB3 until Jan 1-2015, so it's going to be a muddled mess with people jumping back and forth between queues depending on what is more advantageous at that point of time. But at least people through the end of 2014 will be free agents in a couple of months and will no longer be tied to their employers and situations. They will happily take that compared to the 2009-2010 folks who have waited an agonizingly long time.

This is what I guess as well. EB3 to EB2 ratio will start getting to parity only for PDs between May 2011 and Jan 2015. Before May 2011 though there will be people downgrading it will not be mass exodus from EB2 to EB3

[Kesid23]

Immigration ban rescinded !! Wonder how this will affect the spillover ..

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

[AceMan]

Thank you for your response.
I also agree that the EB2-I will benefit from vertical spillover along with the horizontal spillover while EB3-I will only get the horizontal spillover in 2020 and 2021 ( 2022 will be back to the grid )
But I think not all with PD before May 2011 would have had the opportunity ( same employer and employer willing) to downgrade so the downgrade % will be higher for people with PD after May 2011
This is just a guess again.

Also EB3-I and EB2-I both moved 3 months in the March bulletin, so EB2-I didnt move more than EB3-I

The downgrades before May 2011 is very minimal. None of them have downgraded as real situation is very different from forum aggression/trolling.

EB2 moved from October 12th to January 15th. It is 3 days more than EB3 speed. Over the last 2 years it moved 1-2 days a bulletin.

[android09]

Immigration ban rescinded !! Wonder how this will affect the spillover ..

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/a-proclamation-on-revoking-proclamation-10014/

Only for family GC and Diversity lottery. Not for H1b, L1 and J visa. Those remain till March 31

[longwaitgigu]

Only for family GC and Diversity lottery. Not for H1b, L1 and J visa. Those remain till March 31

But we were counting spillover on family gc for next FY 2022.
Will the EB ( ROW) be affected?

[AceMan]

But we were counting spillover on family gc for next FY 2022.
Will the EB ( ROW) be affected?

Why should USCIS consider our counting and expectations?

However I am expecting the demand at the consulates are not going be heavy considering the pandemic situation prevailing at many places around the globe. You can still expect a very similar spillover you received for 2021 in 2022 as well.

[Moveon]

But we were counting spillover on family gc for next FY 2022.
Will the EB ( ROW) be affected?

With cases rising in rest of the world I am not sure if the consulates will be ready to open in full capacity this fiscal. My Gut feel is that we should get close to the same amount of SO . Here is my back of the envelope estimation :
For the last fiscal the US consulates functioned at normal pace from Oct1st to Feb 28th/midMarch . That is atleast 5 months and gave us 120K SO due to the shutdown. This fiscal we have 7 months left and the consulates will probably function at 50% capacity Max. So hoping for the same of greater SO is still possible ?
I am not sure if it is True , the US consulates they say will get their US workers fully vaccinated before taking larger case loads of CP. That might also delay CP cases and help the SO.

[android09]

With cases rising in rest of the world I am not sure if the consulates will be ready to open in full capacity this fiscal. My Gut feel is that we should get close to the same amount of SO . Here is my back of the envelope estimation :
For the last fiscal the US consulates functioned at normal pace from Oct1st to Feb 28th/midMarch . That is atleast 5 months and gave us 120K SO due to the shutdown. This fiscal we have 7 months left and the consulates will probably function at 50% capacity Max. So hoping for the same of greater SO is still possible ?
I am not sure if it is True , the US consulates they say will get their US workers fully vaccinated before taking larger case loads of CP. That might also delay CP cases and help the SO.

Visas were not issued for oct 2020, nov 2020, dec 2020, Jan 2021, feb 2021. These will spill over to EB in Oct 2021.

[jackryan041815]

it depends on capacity though, the limit for FB GC has not been reduced for this fiscal year because of ban. It is still the same and if they really were able to (in a world unaffected by COVID), they could issue all visas by ramping up processing speed. But like others, I agree that there will be some spillover. However, I doubt it will be the same amount we saw.

[mr00us]

A question. What multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover for fun.
Thanks

[mohan_jgd]

HI all,

I am in a bind and thought to put my situation here to get your inputs.

I have a PD of Mar-2011 in EB2 and we applied for I-485, EAD and AP in Oct-2020. We got all the receipts last week. We also had applied for my H1 and family's H4 extension by end of year 2020 as they are expiring in end of March 2021. We didn't apply for my wife H4-EAD renewal at the time as we had already applied for I-485 in Oct 2020 and also didn't expect that process would take so much time. Since it has taken so long to just get the receipts, hopes of getting the EAD by March 2020 are low.

As my wife's H4-EAD is expiring in the next 45 days, we are now thinking of also applying for H4-EAD on a hope/prayer that it comes within that timeframe ( I know H4-EAD processing times are equally bad but desperate time calls for desperate measures).

My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?

[SaibabaAug2010]

HI all,

I am in a bind and thought to put my situation here to get your inputs.

I have a PD of Mar-2011 in EB2 and we applied for I-485, EAD and AP in Oct-2020. We got all the receipts last week. We also had applied for my H1 and family's H4 extension by end of year 2020 as they are expiring in end of March 2021. We didn't apply for my wife H4-EAD renewal at the time as we had already applied for I-485 in Oct 2020 and also didn't expect that process would take so much time. Since it has taken so long to just get the receipts, hopes of getting the EAD by March 2020 are low.

As my wife's H4-EAD is expiring in the next 45 days, we are now thinking of also applying for H4-EAD on a hope/prayer that it comes within that timeframe ( I know H4-EAD processing times are equally bad but desperate time calls for desperate measures).

My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?
No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

[idliman]

HI all,
My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?
Both are different and have different eligibility criteria. One is (c)(26) [H4] and another is (c)(9)(P) [AOS]. You are perfectly allowed to have a dual-intent non-immigrant H1/H4 or L1/L2 and an immigrant (AOS) petition at the same time. USCIS will treat them as separate petitions and adjudicate them based on the basis / evidence. If you are in a non-immigrant visa like F1/F2 (where you justified the consulate officer that you will return back to your country), then the moment you apply for AOS, F1/F2 will cancel. So, H4 EAD will not have an adverse effect on AOS.

[mohan_jgd]

Both are different and have different eligibility criteria. One is (c)(26) [H4] and another is (c)(9)(P) [AOS]. You are perfectly allowed to have a dual-intent non-immigrant H1/H4 or L1/L2 and an immigrant (AOS) petition at the same time. USCIS will treat them as separate petitions and adjudicate them based on the basis / evidence. If you are in a non-immigrant visa like F1/F2 (where you justified the consulate officer that you will return back to your country), then the moment you apply for AOS, F1/F2 will cancel. So, H4 EAD will not have an adverse effect on AOS.

Thanks idliman for confirming.

[mohan_jgd]

[/I][/B]
No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

We did receive bio-metric notices for our H4 extensions and they were finger-printed this week. I am hoping that eliminates the need for bio-metrics at-least for my wife's AOS application and possibly expedites in getting her EAD approved..

[longwaitgigu]

Thankyou for explanation
May be it's the anxiety of been so near and not able to get GC due to ROW CP, processing delays which could be solved by uscis if they start issuing RFE and biometric according to PD, eventually helping the backlog cleared in sequence and allowing no further retrogression specifically for eb3 as ROW demand will spike up as soon as April. Gcseeker has explained in trackitt if u check nuts and bolts thread.
If covaid cases and deaths go up ( which is could be solved by mass vaccination)then we can see decrease ROW CP demand or not able to process it.

[maverick2010]

[/I][/B]
No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

[FlowerPot]

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

We filed AOS for the family in Oct-20 and then applied for H1/H4 extension in Nov-20. H1 got approved within a month and exactly after 2 months (Jan-21), we got H4 FP, which we completed early this month and its been 3 weeks and no movement on her H4 (shows FP applied to case). Its interesting H4 FP req. came in within 2 months but AOS FP for family hasn't happened and checking with USCIS chat they neither scheduled FP for AOS nor applied FP taken from H4 to AOS case yet (hopefully they apply it soon).

[AceMan]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

[Kesid23]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

I saw that post on trackitt.
I thought it looked like it was maybe a troll message? Too good to be true? :)

[may2011]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

[may2011]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

[nbk1976]

AC21 is only allowed if you work in a job which closely tracks with the original job offer. So you can't go work in a gas station or something else because the new employer has to provide a I-485J attesting to the fact that the new job is similar to the original one. So you are a 'free agent' but you can only play within the same sport for another team, you cannot switch to another sport :).

My lawyer said that from his experience, the USCIS is extremely lenient about the "same or similar" requirement. So for example, if you have a PERM for being a college teacher and worked as a chef, it might not work, but if you switched to *any* role within the education industry, you will be fine. For example, you could be a textbook editor or instructional designer, or teach a totally different subject from what you were hired for, etc.

[qesehmk]

My lawyer said that from his experience, the USCIS is extremely lenient about the "same or similar" requirement. So for example, if you have a PERM for being a college teacher and worked as a chef, it might not work, but if you switched to *any* role within the education industry, you will be fine. For example, you could be a textbook editor or instructional designer, or teach a totally different subject from what you were hired for, etc.

This is absolutely correct. The reason is simple - their resources are better utilized going after true fraud cases which there are plenty and illegal immigrant related cases which are tens of millions. There is no point going after legal immigrants who simply may have committed a technical offense.

If you think about it Market automatically takes care of ensuring that you do a job that you are skilled to do. So USCIS should have ZERO interest in enforcing the "same or similar" mandate.

[AceMan]

I saw that post on trackitt.
I thought it looked like it was maybe a troll message? Too good to be true? :)


If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

I recall my discussion with another user few years back on trackitt where he got his GC in error before his date was current. He took lot of pain and spent company money on the lawyer to return the GC. However when USCIS issued a new GC the expiry date again matched the date of the original GC he was issued.

So it is very obvious USCIS don't give rats... to the days. It is only extremely vigilant backlogged guys like us who are particular about it.

[android09]

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?

[may2011]

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?
That makes sense..folks with PDs before May2010 have been submitting medicals every 2 years I think

[may2011]

I recall my discussion with another user few years back on trackitt where he got his GC in error before his date was current. He took lot of pain and spent company money on the lawyer to return the GC. However when USCIS issued a new GC the expiry date again matched the date of the original GC he was issued.

So it is very obvious USCIS don't give rats... to the days. It is only extremely vigilant backlogged guys like us who are particular about it.

True..we dot our it's and cross out t's.I hope USCIS ramps up its processing..the wait has been agonizing

[smuggymba]

That makes sense..folks with PDs before May2010 have been submitting medicals every 2 years I think

No. I filed in 2012 and only submitted the medicals then. Only ppl in early 2009 who were close to getting current in the past have gotten RFE's and submitted medicals. later 2009/2010 folks haven't been contacted since 2012 it seems.

I'm March 2020 EB2 - no RFE so far or ever in the past. TSC.

[may2011]

No. I filed in 2012 and only submitted the medicals then. Only ppl in early 2009 who were close to getting current in the past have gotten RFE's and submitted medicals. later 2009/2010 folks haven't been contacted since 2012 it seems.

I'm March 2020 EB2 - no RFE so far or ever in the last. TSC.

Thanks for the clarification!

[maverick2010]

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?

Based on trackitt numbers, it does look like USCIS is issuing bio-metrics appt based on I-485 application received date.

If USCIS is anticipating forward movement for EB cases, wouldn't it be prudent for USCIS to send bio-metrics appt for Oct 2020 filers based on Priority Date rather I-485 Received Date? EB3 got moved until end of 2014 in Oct 2020 and there will be lot of wastage if USCIS continue to issue appt based on Received Date.

[delguy]

Thanks for the detailed reply...I had tried to research before posting but couldn't find the complete answers.

Just a couple of quick follow ups:

1. Fragomen provided the same reason - that they don't have the original application and so can't apply in PP. However, the application was sent the normal route. Job/company/location are all same. Once we get the receipt notice, should I push for sending a request for PP update?

2. Still not clear about the whole 'free agent' and 'work in the "GC" job that you and employer signed up for after getting GC' part. I will try to look up AC21 guidelines.

Regarding 1. One of my friend has exactly same situation. Working for same employer and downgraded to EB3 in October, Fragomen filed his I-140 in regular and after he got the receipt, converted to PP. He already got his I-140 approved too in PP.

[greenjpr]

Hello Gurus,
I am a longtime silent follower and really appreciate all GURUS here who are helping others. If you have few mins, could you please provide your comments for below questions?
My PD is EB2 June 2010 and I filled 485 during Oct-2020 and I already got my EAD 2 weeks back.

During my Oct-2020 I485J, Our attorney filed I485J with the SOC Code as 15-1122 which stands for Computer Security Analyst [https://www.nj.gov/labor/lpa/employ/oeswageweb/PDFs/cape_ind.pdf]. After 14 yrs work with the same employer[ same end client], I moved to an Architect role. This was mentioned in I485J within the description section along with old job title as Sr.Security Administrator.

Currently I have direct job offer "Director - IT" from end-client where I am currently working for the past 14 yrs [all my 14 yrs H1 life is with this one single client :)]. Due to resource consolidation, the end client is pushing me to join as a direct employee asap. I have explained the 180 days rule and they are ready to hire me by April-May 2021 timeframe.

Questions:

1) If I keep staying with my current employer [as Technical Architect], will the existing I485 will have any issues in approval stage since my SOC code and my current title is not matching?
2) If I move my job and join new employer as "Director-IT" title, will it cause any issues to my I485 approval? [It is same job role with a different tittle]
3) If I decided to move on EAD[ new employer wont sponsor H1B or GC], what docs do I need to keep in handy? [ I have my I140 copy and PERM advertisement copy. Do I need Labor[PERM] copy or any other docs?]
4) Since we applied I485 and I485 by October only, will they ask I486J again if the date moves to current by June-July timeframe? [ New Employer is ready to provide I485J].

I really prefer to get the GC and then move my job as it is always safe. However, my dilemma is not to miss a management role.

If the new employer is not ready to wait for another 6-8 months delay, I may need to join by April-May 2021 timeframe.

[Wizoz2]

Hi Everyone,
I am a silent reader of this forum. My PD is EB2 28th April 2010, service center TSC. Just wanted to get some thoughts on how you think the priority date movement will be impacted now that the Green Card ban has been lifted. Do we reckon dates will still move to atleast 1st May 2010 for EB2? I am hoping I will get current in the next few months. but given the fact that the horizontal spillover likely will be reduced with all the CP cases consuming these numbers, I do not feel very optimistic. Also the processing center is TSC , which has not been sending out RFEs like nebraska has.

This forum has great posts , which are really helpful and provide the motivation to get through each day given the awfully long wait.

[may2011]

Hi Everyone,
I am a silent reader of this forum. My PD is EB2 28th April 2010, service center TSC. Just wanted to get some thoughts on how you think the priority date movement will be impacted now that the Green Card ban has been lifted. Do we reckon dates will still move to atleast 1st May 2010 for EB2? I am hoping I will get current in the next few months. but given the fact that the horizontal spillover likely will be reduced with all the CP cases consuming these numbers, I do not feel very optimistic. Also the processing center is TSC , which has not been sending out RFEs like nebraska has.

This forum has great posts , which are really helpful and provide the motivation to get through each day given the awfully long wait.

Hi,

I just read this analysis on trackitt.Its called 'Nuts and Bolts' by a user called 'gcseeker1999'.He/she explains the entire process and predictions in details. It clarified a lot fo things for me.

https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so/page/1

[may2011]

Hi,

I just read this analysis on trackitt.Its called 'Nuts and Bolts' by a user called 'gcseeker1999'.He/she explains the entire process and predictions in details. It clarified a lot fo things for me.

https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so/page/1

Read his/her first and last post.Basically they are optimistic about visa numbers for FY2021.They anticipate PD reaching mid 2011.But they anticipate processing delays.So even if ones PD is current in 2021, due to processing delays the applicant might be pushed to FY2022. They expect retrogression mainly for EB3 as apparently many cases in EB3 are via 'Consular Processing'.For EB2, the GC issuance hinges on processing times.

[idliman]

Hello Gurus,
I am a longtime silent follower and really appreciate all GURUS here who are helping others. If you have few mins, could you please provide your comments for below questions?
My PD is EB2 June 2010 and I filled 485 during Oct-2020 and I already got my EAD 2 weeks back.

During my Oct-2020 I485J, Our attorney filed I485J with the SOC Code as 15-1122 which stands for Computer Security Analyst [https://www.nj.gov/labor/lpa/employ/oeswageweb/PDFs/cape_ind.pdf]. After 14 yrs work with the same employer[ same end client], I moved to an Architect role. This was mentioned in I485J within the description section along with old job title as Sr.Security Administrator.

Currently I have direct job offer "Director - IT" from end-client where I am currently working for the past 14 yrs [all my 14 yrs H1 life is with this one single client :)]. Due to resource consolidation, the end client is pushing me to join as a direct employee asap. I have explained the 180 days rule and they are ready to hire me by April-May 2021 timeframe.

Questions:

1) If I keep staying with my current employer [as Technical Architect], will the existing I485 will have any issues in approval stage since my SOC code and my current title is not matching?
2) If I move my job and join new employer as "Director-IT" title, will it cause any issues to my I485 approval? [It is same job role with a different tittle]
3) If I decided to move on EAD[ new employer wont sponsor H1B or GC], what docs do I need to keep in handy? [ I have my I140 copy and PERM advertisement copy. Do I need Labor[PERM] copy or any other docs?]
4) Since we applied I485 and I485 by October only, will they ask I486J again if the date moves to current by June-July timeframe? [ New Employer is ready to provide I485J].

I really prefer to get the GC and then move my job as it is always safe. However, my dilemma is not to miss a management role.

If the new employer is not ready to wait for another 6-8 months delay, I may need to join by April-May 2021 timeframe.
First meet the 180 day deadline for AC21. I think your underlying I-140 is already approved. So that should not have a problem after 180 days. If not wait for I-140 to be approved. Don't hesitate. Take-up the full time offer, but plan ahead and hire a good attorney. Like Q mentioned, AC21 is seldom denied. The attorneys can wordsmith and add functional roles to get AC21 / I-485J approved.

Q1 & Q2. No. Please browse through USCIS PM Chapter 5 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5).It explains you the factors that USCIS considers in approving AC21. If the company is onboard, the attorneys can justify "Director" by providing a "Functional Title". As GC is for future job they can even provide a I485J for "Non-Director" position and let you work in the current role till you get a GC. You may have to technically work in that position after getting GC, but there is no way of enforcing that. The only thing USCIS looks at while applying for N400 is where you worked after getting GC and whether you worked there for a "reasonable" time. Maybe you can take on some additional duties after GC to perform the functions in GC/PERM/I485J. *wink*

Q3. Looks like you already have everything. Remember the USCIS adjudicator that is going to review your I485J does not know anything technical about your job. Its like a street peddler trying to sell a micro-architecture. So, as long as the justification sounds reasonable, he is going to approve it. If it were me, I would come-up with AC21 / I-485J job description by wordsmithing to match closely with PERM and give it to your attorney / HR as a start. A good attorney helps a lot.

Q4. I485J serves two purposes. First time, it stands for bonafide job offer. The second time it is for portability. USCIS can ask for any of these if they wish. Recently I saw some RFEs that asked for confirmation that the applicant plans to work in that job. GC is given based on a contract between you and the company. You promise to work in that position after GC. The company promises to offer you that position after GC. That is the whole purpose of I485J process.

Spend some good money and hire a good attorney. Or use the attorneys from initial PERM/I-140, pay them and ask for justification. Nothing works like money. But you are the best judge of the job justification as it was your job.

Good Luck.

[vsivarama]

Hi Everyone,
I am a silent reader of this forum. My PD is EB2 28th April 2010, service center TSC. Just wanted to get some thoughts on how you think the priority date movement will be impacted now that the Green Card ban has been lifted. Do we reckon dates will still move to atleast 1st May 2010 for EB2? I am hoping I will get current in the next few months. but given the fact that the horizontal spillover likely will be reduced with all the CP cases consuming these numbers, I do not feel very optimistic. Also the processing center is TSC , which has not been sending out RFEs like nebraska has.

This forum has great posts , which are really helpful and provide the motivation to get through each day given the awfully long wait.

Just remember that only around 10-15% of the cases in EB are dependent on CP. I would not worry much about the CP at this time. Remember one thing, before the spillover happened for the most years 35K (in EB2/EB3 categries) visas were enough for the ROW cases with some exceptions. Just because there is a spillover of additional 110k in EB does not mean, more people from ROW will start applying (CP or otherwise). So though lifting the bans will have some impact around the edges it will not stop the regular movement. The regular movement stops only if the visa numbers are wasted.

[greenjpr]

First meet the 180 day deadline for AC21. I think your underlying I-140 is already approved. So that should not have a problem after 180 days. If not wait for I-140 to be approved. Don't hesitate. Take-up the full time offer, but plan ahead and hire a good attorney. Like Q mentioned, AC21 is seldom denied. The attorneys can wordsmith and add functional roles to get AC21 / I-485J approved.

Q1 & Q2. No. Please browse through USCIS PM Chapter 5 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5).It explains you the factors that USCIS considers in approving AC21. If the company is onboard, the attorneys can justify "Director" by providing a "Functional Title". As GC is for future job they can even provide a I485J for "Non-Director" position and let you work in the current role till you get a GC. You may have to technically work in that position after getting GC, but there is no way of enforcing that. The only thing USCIS looks at while applying for N400 is where you worked after getting GC and whether you worked there for a "reasonable" time. Maybe you can take on some additional duties after GC to perform the functions in GC/PERM/I485J. *wink*

Q3. Looks like you already have everything. Remember the USCIS adjudicator that is going to review your I485J does not know anything technical about your job. Its like a street peddler trying to sell a micro-architecture. So, as long as the justification sounds reasonable, he is going to approve it. If it were me, I would come-up with AC21 / I-485J job description by wordsmithing to match closely with PERM and give it to your attorney / HR as a start. A good attorney helps a lot.

Q4. I485J serves two purposes. First time, it stands for bonafide job offer. The second time it is for portability. USCIS can ask for any of these if they wish. Recently I saw some RFEs that asked for confirmation that the applicant plans to work in that job. GC is given based on a contract between you and the company. You promise to work in that position after GC. The company promises to offer you that position after GC. That is the whole purpose of I485J process.

Spend some good money and hire a good attorney. Or use the attorneys from initial PERM/I-140, pay them and ask for justification. Nothing works like money. But you are the best judge of the job justification as it was your job.

Good Luck.


I really appreciate your time and detailed response. I wish that Q has some kind of thumbs up rating system to appreciate helps like this.

X number of thumbs-up, provide his free Q stock [wink]

[Wizoz2]

Just remember that only around 10-15% of the cases in EB are dependent on CP. I would not worry much about the CP at this time. Remember one thing, before the spillover happened for the most years 35K (in EB2/EB3 categries) visas were enough of the ROW cases with some exceptions. Just because there is a spillover of additional 110k in EB does not mean, more people from ROW will start applying (CP or otherwise). So though lifting the bans will have some impact around the edges it will not stop the regular movement. The regular movement stops only if the visa numbers are wasted.

Thanks that is very re-assuring.:) I can hope to be current in the next 6 months then.

[Wizoz2]

Read his/her first and last post.Basically they are optimistic about visa numbers for FY2021.They anticipate PD reaching mid 2011.But they anticipate processing delays.So even if ones PD is current in 2021, due to processing delays the applicant might be pushed to FY2022. They expect retrogression mainly for EB3 as apparently many cases in EB3 are via 'Consular Processing'.For EB2, the GC issuance hinges on processing times.

Thanks i did read the post and it was very re-assuring :)

[vsivarama]

Thanks that is very re-assuring.:) I can hope to be current in the next 6 months then.

I can see you getting current in next 1-2 months.

[bikenlalan]

Is there a validity around Supp-J, when would USCIS consider sending RFE requesting for a new Supp-J? Or do they request it when the RFE for medicals is sent out? Not sure of the trend.

[H1b2006]

March 2021 bulletin out, some of you are happy at the same time anxious. Please take a deep breath. Let me share my perspective. Most people have not seen this kind of VB dates move for EB2 atleast in past few years. Just a caution VB dates jumping up and down like a monkey is not new and historically has been there, Post 2014 onward started EB2-I in snail pace. Prior to that it was always roller coaster rides and EB3 had that for many decades. So Strap you boots, this kind of trend possibly will be there for atleast another year till End of 2022 if no law changes. May be we need a volatility index (VIX) for EB2/3-I. Historically it was due demand-supply gap , what later come back is retrogression cycles primarily due to demand shoot up. This year we dont need to worry about Supply side, because FY2020 FB SpillOver(SO)got us record level of "good surplus of Green Card 261,000 Green Cards instead of 140,000".

Not to worry for next few months till Sep 2021 bulletin ideally it should be forward movement for EB2/3-India.

We have a problem, The new villain is "Processing times". This would not make no sense for many, But hold your thoughts - think through it - if dates are moving wildly to a territory where runway is small(means Green Card issuance by Sep 30th 2021 i.e 8 more months) what can happen. To give an example quoting my friend who filed in EB3-I on October 2020 bulletin after waiting decade and his Priority Date is May 6th 2010, yes he is direct EB3 filer. He got his physical receipt 2 weeks back. Now his date is current for March 2021, will he get green card in March 2021? or June 2021? or August 2021?

I guess with above example , people will be able to realize have the new villain in town i.e "Processing times for 485" is going make or break for EB2-I and EB3-I.

Geerally once 485 is filed a person who is current in FAD ,it takes 8 months to 16 months to get Green Card, in some case its beyond that. These timeframes are pre-covid, now with covid, government efficiency is at rock bottom. Not their fault, but Corona situation has crippled most USCIS offices and they are working in 60-70% capacity. Just a week back February USCIS issued all receipts notices till October 30th 2020 filers.

Based on my calculation, Green Card Numbers wise there is enough GC for India to cover 2010 and easily to mid 2011 for both EB2-I and EB3-I and also good part is EB1-I is near current.
Department of State(DoS) who is in-charge of Visa Bulletin Final Action Dates(FAD) can even move the dates for EB2/3 to 2011, BUT PROBLEM is - HOW DHS/USCIS is going to issue Green Card? Without Biometric done(3 months from receipt), and background checks with FBI etc (takes 60 more days), how can USCIS issue Green Cards. Plus now we have Interview mandate, assume that will get waived off.

The problem of processing delay is not just for EB1/2/3-I ,its even for ROW filers , not fixing this will have catastrophic impact to FY2022. Needless to say India backlog this is golden opportunity to get to dates till near 2012.

If USCSI do speed up processing, review queues and process right application then there is good chance that almost all EB2-India and EB3-India filers in 2010 as well as till mid 2011 will comfortably get cleared by Sep 30th 2021. Else its is whoever on luck factor will get and residuals will get carried over to FY2022 which makes things worse.

USCIS should do below and roll up sleeves up step up processing focussing on right set of PD 485 to issue Green Cards. Point 1 and 2 below are super critical for new filers to get GC this year.

1) USCIS need to Collect Biometric ASAP who can be potentially current for Year FY2021 giving them Priority to EB1-I till 2020, EB2/3-I India till atleast till mid 2011.
2) On a War footing initiate background checks for the above so that they get FBI checks and all background is cleared.
3) Issue RFE for all 2012 filers of EB2-India and clear till May 2010 in next 3 months.
4) STOP Interview mandate for Employment Based Green Cards issuance. This stupid process for EB creates 3 - 6 months unnecessary delay for GC issuance.

Failure of this will lead to retrogression cycles for FY2022 and zig-zag movements again which is shame if we are back to old decade old problem where date can be stuck in 2011 or even go back.

The make or break deal is going to be how USCSI is going to improve processing, else by Q4FY2021 randomly people will get Green Cards on a wide spectrum and next year if its like a normal year, retrogression cycles kicks in.

Just visualize giving few example, So lets us assume there are 2 people A &B with exact same Priority date in EB3-I with December 2010

Example 1 - people in crowded Application Support Centers(ASSC) in East and West Coast , certain crowded cities where there is quite a backlog on getting Biometric issued, by this pace it is going to take till May/June.

Person A lives in New Orleans, LA and has his Biometric Done already in February
Person B lives in populous City in CA or NY, his Biometric delayed and possibly done by May/June 2021, due to covid/capacity issues in ASC

Example 2 - timing on application filed

Person A 485 case was filed during October 2nd week and hence was able to get appointment for Biometric in December/January and all his side is cleared including he got EAD/AP.
Person B filed 485 on October 30th and just got receipt in February and lives in a populous City. Ram jane when he is going to get Biometric.

Example 3 - Slow processing Service Center or due to his/her bad luck in paper work an RFE kicks in

Person A filed though have got biometric and his office just need to look at the file and issue GC.
Person B filed 485 on October 30th but just got physical receipt in February and lives in a populous City.

For all above 3 examples, the possibility of Person A get Green Card in FY2021 (ending Sep 30th) is high but Person B can get left out, get rolled over to FY2022 issuance and there how many SO will again drive his/her Green Card.

Good news as of now is EB1-India moved 7 months and soon will be current and that is going give vertical SpillOver to EB2-I. Another good news is EB3-I looks have legs now, it just need to run. Fingers crossed. So FY2021 now all bets are on USCIS hope they drastic "Processing times improvements for 485" to make it amazing year for Indians in backlog and get relief, hope all till 2011 get cleared by Sep 30th 2021. That will keep the ball rolling for FY2022. Fingers crossed.

--posted by gcseeker in trackitt

[Zenzone]

March 2021 bulletin out, some of you are happy at the same time anxious. Please take a deep breath. Let me share my perspective. Most people have not seen this kind of VB dates move for EB2 atleast in past few years. Just a caution VB dates jumping up and down like a monkey is not new and historically has been there, Post 2014 onward started EB2-I in snail pace. Prior to that it was always roller coaster rides and EB3 had that for many decades. So Strap you boots, this kind of trend possibly will be there for atleast another year till End of 2022 if no law changes. May be we need a volatility index (VIX) for EB2/3-I. Historically it was due demand-supply gap , what later come back is retrogression cycles primarily due to demand shoot up. This year we dont need to worry about Supply side, because FY2020 FB SpillOver(SO)got us record level of "good surplus of Green Card 261,000 Green Cards instead of 140,000".

Not to worry for next few months till Sep 2021 bulletin ideally it should be forward movement for EB2/3-India.

We have a problem, The new villain is "Processing times". This would not make no sense for many, But hold your thoughts - think through it - if dates are moving wildly to a territory where runway is small(means Green Card issuance by Sep 30th 2021 i.e 8 more months) what can happen. To give an example quoting my friend who filed in EB3-I on October 2020 bulletin after waiting decade and his Priority Date is May 6th 2010, yes he is direct EB3 filer. He got his physical receipt 2 weeks back. Now his date is current for March 2021, will he get green card in March 2021? or June 2021? or August 2021?

I guess with above example , people will be able to realize have the new villain in town i.e "Processing times for 485" is going make or break for EB2-I and EB3-I.

Geerally once 485 is filed a person who is current in FAD ,it takes 8 months to 16 months to get Green Card, in some case its beyond that. These timeframes are pre-covid, now with covid, government efficiency is at rock bottom. Not their fault, but Corona situation has crippled most USCIS offices and they are working in 60-70% capacity. Just a week back February USCIS issued all receipts notices till October 30th 2020 filers.

Based on my calculation, Green Card Numbers wise there is enough GC for India to cover 2010 and easily to mid 2011 for both EB2-I and EB3-I and also good part is EB1-I is near current.
Department of State(DoS) who is in-charge of Visa Bulletin Final Action Dates(FAD) can even move the dates for EB2/3 to 2011, BUT PROBLEM is - HOW DHS/USCIS is going to issue Green Card? Without Biometric done(3 months from receipt), and background checks with FBI etc (takes 60 more days), how can USCIS issue Green Cards. Plus now we have Interview mandate, assume that will get waived off.

The problem of processing delay is not just for EB1/2/3-I ,its even for ROW filers , not fixing this will have catastrophic impact to FY2022. Needless to say India backlog this is golden opportunity to get to dates till near 2012.

If USCSI do speed up processing, review queues and process right application then there is good chance that almost all EB2-India and EB3-India filers in 2010 as well as till mid 2011 will comfortably get cleared by Sep 30th 2021. Else its is whoever on luck factor will get and residuals will get carried over to FY2022 which makes things worse.

USCIS should do below and roll up sleeves up step up processing focussing on right set of PD 485 to issue Green Cards. Point 1 and 2 below are super critical for new filers to get GC this year.

1) USCIS need to Collect Biometric ASAP who can be potentially current for Year FY2021 giving them Priority to EB1-I till 2020, EB2/3-I India till atleast till mid 2011.
2) On a War footing initiate background checks for the above so that they get FBI checks and all background is cleared.
3) Issue RFE for all 2012 filers of EB2-India and clear till May 2010 in next 3 months.
4) STOP Interview mandate for Employment Based Green Cards issuance. This stupid process for EB creates 3 - 6 months unnecessary delay for GC issuance.

Failure of this will lead to retrogression cycles for FY2022 and zig-zag movements again which is shame if we are back to old decade old problem where date can be stuck in 2011 or even go back.

The make or break deal is going to be how USCSI is going to improve processing, else by Q4FY2021 randomly people will get Green Cards on a wide spectrum and next year if its like a normal year, retrogression cycles kicks in.

Just visualize giving few example, So lets us assume there are 2 people A &B with exact same Priority date in EB3-I with December 2010

Example 1 - people in crowded Application Support Centers(ASSC) in East and West Coast , certain crowded cities where there is quite a backlog on getting Biometric issued, by this pace it is going to take till May/June.

Person A lives in New Orleans, LA and has his Biometric Done already in February
Person B lives in populous City in CA or NY, his Biometric delayed and possibly done by May/June 2021, due to covid/capacity issues in ASC

Example 2 - timing on application filed

Person A 485 case was filed during October 2nd week and hence was able to get appointment for Biometric in December/January and all his side is cleared including he got EAD/AP.
Person B filed 485 on October 30th and just got receipt in February and lives in a populous City. Ram jane when he is going to get Biometric.

Example 3 - Slow processing Service Center or due to his/her bad luck in paper work an RFE kicks in

Person A filed though have got biometric and his office just need to look at the file and issue GC.
Person B filed 485 on October 30th but just got physical receipt in February and lives in a populous City.

For all above 3 examples, the possibility of Person A get Green Card in FY2021 (ending Sep 30th) is high but Person B can get left out, get rolled over to FY2022 issuance and there how many SO will again drive his/her Green Card.

Good news as of now is EB1-India moved 7 months and soon will be current and that is going give vertical SpillOver to EB2-I. Another good news is EB3-I looks have legs now, it just need to run. Fingers crossed. So FY2021 now all bets are on USCIS hope they drastic "Processing times improvements for 485" to make it amazing year for Indians in backlog and get relief, hope all till 2011 get cleared by Sep 30th 2021. That will keep the ball rolling for FY2022. Fingers crossed.

--posted by gcseeker in trackitt

Good post! Thanks.

[ak7419]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

I did not expect this coming from you @Aceman :-)

How can 2011 guys get GC when 2009 guys like me are still waiting for RFE?! It would have been a clerical error, wouldn't it?

[Zenzone]

Hi Everyone,
I am a silent reader of this forum. My PD is EB2 28th April 2010, service center TSC. Just wanted to get some thoughts on how you think the priority date movement will be impacted now that the Green Card ban has been lifted. Do we reckon dates will still move to atleast 1st May 2010 for EB2? I am hoping I will get current in the next few months. but given the fact that the horizontal spillover likely will be reduced with all the CP cases consuming these numbers, I do not feel very optimistic. Also the processing center is TSC , which has not been sending out RFEs like nebraska has.

This forum has great posts , which are really helpful and provide the motivation to get through each day given the awfully long wait.

FB SO for FY 2021 is a done deal. CP opening for FB GC processing likely impacts the SO for next fiscal only. IMO, you should be current imminently.

[AceMan]

I did not expect this coming from you @Aceman :-)

How can 2011 guys get GC when 2009 guys like me are still waiting for RFE?! It would have been a clerical error, wouldn't it?

I am not USCIS, I am just another ordinary person with reasonable amount of jealousy and no malicious intent !!!

I think they are selecting from the October filers who have already completed every other steps needed. No other logical reason I can think off. USCIS appear not to have any realistic demand.

[ak7419]

I am not USCIS, I am just another ordinary person with reasonable amount of jealousy and no malicious intent !!!

I think they are selecting from the October filers who have already completed every other steps needed. No other logical reason I can think off. USCIS appear not to have any realistic demand.

How about interview? :-)

I thought 2009 folks who applied in 2012 would be low hanging fruits for USCIS but no, they work in their own mysterious ways :-P

[cool_guy_2004]

Hello, my PD is in Dec 2009 TSC service center and it's current in March bulletin. I didn't receive any REF's yet but I started medicals now and will have it in next couple of days. I was wondering can I proactively send the medicals and I-485J to USCIS?

[vsivarama]

Hello, my PD is in Dec 2009 TSC service center and it's current in March bulletin. I didn't receive any REF's yet but I started medicals now and will have it in next couple of days. I was wondering can I proactively send the medicals and I-485J to USCIS?

Technically you can send an "interfile" request which is also used for a host of other purposes. You can talk to your company lawyer. You need not wait for an RFE. Sometimes it's best to draw attention to yourself by being proactive than risking your file collecting dust for a few more weeks. :)

[Moveon]

Hello, my PD is in Dec 2009 TSC service center and it's current in March bulletin. I didn't receive any REF's yet but I started medicals now and will have it in next couple of days. I was wondering can I proactively send the medicals and I-485J to USCIS?

I would advise you against getting the medicals or sending it w/o an RFE. The USCIS will not honor it else everyone would start doing it. Ask your Doc to not sign it as yet as the Medicals need to be signed within 30 says of submission . TSC is going slow and the recent events in Texas might have delayed the RFEs.
Hang in , you will get your GC this Fiscal .
Best of luck

[qesehmk]

I wish that Q has some kind of thumbs up rating system to appreciate helps like this.


There is a rating/compliements system! Do you see a Star right under the post on left side. Just click that.

I have tried to make it more intuitive. But customization just isn't available.

p.s. - Let me know if you have problem viewing it. Send me screenshot of any post other than your own.

[srimurthy]

I am not USCIS, I am just another ordinary person with reasonable amount of jealousy and no malicious intent !!!

I think they are selecting from the October filers who have already completed every other steps needed. No other logical reason I can think off. USCIS appear not to have any realistic demand.

That should not they be approving all EB2 applied in 2012 with a PD date prior to Apr 2010. They are exempt from interviews and stuff and have applied for EAD multiple times and their biometrics done too.
Only part is their medicals may be required and that may have been done a couple of time too by now.

[mr00us]

Folks, does someone know what multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover and this will be a major factor in what I am trying to model.

Second attempt :-)

[vsivarama]

Folks, does someone know what multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover and this will be a major factor in what I am trying to model.

Second attempt :-)

There is nothing specific for ROW that I am aware off. USCIS normal calculates EB2 as 2 and EB3 as 2.1. I think, it will be safe to assume 2 for EB1 as well. The below link may be helpful when creating your model.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

[newyorker123]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

[incredible]

First meet the 180 day deadline for AC21. I think your underlying I-140 is already approved. So that should not have a problem after 180 days. If not wait for I-140 to be approved. Don't hesitate. Take-up the full time offer, but plan ahead and hire a good attorney. Like Q mentioned, AC21 is seldom denied. The attorneys can wordsmith and add functional roles to get AC21 / I-485J approved.

Q1 & Q2. No. Please browse through USCIS PM Chapter 5 (https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5).It explains you the factors that USCIS considers in approving AC21. If the company is onboard, the attorneys can justify "Director" by providing a "Functional Title". As GC is for future job they can even provide a I485J for "Non-Director" position and let you work in the current role till you get a GC. You may have to technically work in that position after getting GC, but there is no way of enforcing that. The only thing USCIS looks at while applying for N400 is where you worked after getting GC and whether you worked there for a "reasonable" time. Maybe you can take on some additional duties after GC to perform the functions in GC/PERM/I485J. *wink*

Q3. Looks like you already have everything. Remember the USCIS adjudicator that is going to review your I485J does not know anything technical about your job. Its like a street peddler trying to sell a micro-architecture. So, as long as the justification sounds reasonable, he is going to approve it. If it were me, I would come-up with AC21 / I-485J job description by wordsmithing to match closely with PERM and give it to your attorney / HR as a start. A good attorney helps a lot.

Q4. I485J serves two purposes. First time, it stands for bonafide job offer. The second time it is for portability. USCIS can ask for any of these if they wish. Recently I saw some RFEs that asked for confirmation that the applicant plans to work in that job. GC is given based on a contract between you and the company. You promise to work in that position after GC. The company promises to offer you that position after GC. That is the whole purpose of I485J process.

Spend some good money and hire a good attorney. Or use the attorneys from initial PERM/I-140, pay them and ask for justification. Nothing works like money. But you are the best judge of the job justification as it was your job.

Good Luck.

Very well said. This is why I like this forum than anything. Just my two cents .. dont worry about GC (as long as you have followed law like waiting for 180 days, etc.). Career progresses for all a d 14 years is a long time. With a good attorney and nicely written cover letter along with 485J submission (when you join the new employer), you should be good. Even in case, it comes to N400, you should take your attorney with you or get guidance and explain the scenario. The adjudicators at USCIS may be naive, but not stupid. I do believe that they understand a nicely written explanation and changes in one's career over a period of 14 years.

[srisri]

Finally current after 9 years, and hoping to see GC after 20 years. Do we have any thread that helps people pursuing congressional inquiry or other avenues to speed up the process? If we do can one of you share the link?

[srisri]

There is nothing specific for ROW that I am aware off. USCIS normal calculates EB2 as 2 and EB3 as 2.1. I think, it will be safe to assume 2 for EB1 as well. The below link may be helpful when creating your model.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

[bluelabel]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

[AceMan]

That should not they be approving all EB2 applied in 2012 with a PD date prior to Apr 2010. They are exempt from interviews and stuff and have applied for EAD multiple times and their biometrics done too.
Only part is their medicals may be required and that may have been done a couple of time too by now.

I am not sure why you are concerned about a silly interview mandate introduced by the previous slob? Every body should be exempted from the mandatory interviews. Even USCIS is not caring about it.

Even medicals should be deemed as redundant. Corona raging across the country with variants 2,3,4 and people are still worried about TB false positives from the 19th century.

[incredible]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thanks for the reply.

[maverick2010]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

I also have the same question but would like to extend it to filing dates as well. Reason being, since the filing dates concept got introduced in 2015 dates haven't progressed this quickly .

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thank you.

[ak7419]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

[mr00us]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
1778

[Moveon]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

[srimurthy]

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

[fishelusa]

Hi,

Very good analysis. But I heard even though dates are moving initial step is biometrics and back ground checks has to complete. One more thing is depending on ASC the processing delays. Not sure can we see any progress.

[Moveon]

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representatives/find-your-representative

[vsivarama]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
1778

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

[ak7419]

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representatives/find-your-representative

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

[mr00us]

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

Hi--
I do have it there. :) Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

[Moveon]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Again this is has been discussed multiple times. You Donot have to send Supplement J when you change jobs . There is no such rule, so don't burden the USCIS with it . Most of us have changed jobs without filing it . Some of my friends even got their GCs recently .
The more unwanted paper work you send, the more it could delay your application as they will not process it till your date is current. Once it is current there is more paper work for them to review for your case.

[bluelabel]

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

15-1133 is also no longer in use. Not sure if we can still use the old ones. Has anyone got approved with old SOC code(as in PERM)?

[vsivarama]

Hi--
I do have it there. :) Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

Multiplication factor for EB2 and EB3 should be around 2 - 2.4. Most of the kids are born in US. In most of the cases however, with a primary applicant there is almost always a dependent (the spouse). So a factor of 1 or 1.2 is too generous IMO.

[AceMan]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Some times doing nothing is the right thing :-)

[nbk1976]

I am not sure why you are concerned about a silly interview mandate introduced by the previous slob? Every body should be exempted from the mandatory interviews. Even USCIS is not caring about it.

Even medicals should be deemed as redundant. Corona raging across the country with variants 2,3,4 and people are still worried about TB false positives from the 19th century.

I agree: issue a temporary GC for a year and have the applicant submit an updated medicals/Sup-J for the restriction to be lifted. This would make it so much easier and speed things up, considering most applications are already pre-adjudicated.

[Moveon]

I agree: issue a temporary GC for a year and have the applicant submit an updated medicals/Sup-J for the restriction to be lifted. This would make it so much easier and speed things up, considering most applications are already pre-adjudicated.

I agree with Aceman. I would say that if a person has not traveled outside the country since the last medical then the medicals are not necessary at all. Very large Majority of the 2012 filers submitted medicals late 2018 - early 2019 so there is no reason to ask for it again . Its a $1000 hole for 2 people . The USCIS has your travel history , so they can know who did travel and to where. How many really get a positive TB test really?
About the temp GC , sadly there is no such provision I guess as its too much work after a year for them. They should just give the GCs to the pre-adjudicated cases as they again reviewed all of them late 2018 and 2019 .

[Turbulent_Dragonfly]

I agree with Aceman. I would say that if a person has not traveled outside the country since the last medical then the medicals are not necessary at all. Very large Majority of the 2012 filers submitted medicals late 2018 - early 2019 so there is no reason to ask for it again . Its a $1000 hole for 2 people . The USCIS has your travel history , so they can know who did travel and to where. How many really get a positive TB test really?
About the temp GC , sadly there is no such provision I guess as its too much work after a year for them. They should just give the GCs to the pre-adjudicated cases as they again reviewed all of them late 2018 and 2019 .

Yeah they could do so many more efficient things. Like if someone has spent 15 yrs on H1B already in the US, then making them go outside and get stamping at a Consulate rather than just providing them with a travel document along with the petition approval.... can you imagine the amount of time, energy and money that could be saved? I used to travel all over the world for my work and there was always confusion when the employer asks "so you have your Brazil visa and are already here in the US on a work visa and you are saying you may first have to go to India to get another US visa before you travel to Brazil??!"

[mr00us]

Multiplication factor for EB2 and EB3 should be around 2 - 2.4. Most of the kids are born in US. In most of the cases however, with a primary applicant there is almost always a dependent (the spouse). So a factor of 1 or 1.2 is too generous IMO.

Was wondering the same but I read somewhere that it is 1.2 for EB2 India, so I went along with it.

---------------------------------------------------
EB2-I Mult. Factor Visa Available Prediction
---------------------------------------------------
2.0 26000 15-Apr-11
2.1 26000 1-Apr-11
2.2 25000 15-Mar-11
2.3 24000 1-Mar-11
2.4 23000 15-Feb-11
---------------------------------------------------
* Add 15 days for every 1000 spillover from EB1A

I would love to visit this at the end of FY 2021 and see how much close to reality we were. :-)

[inspired_p]

Whats the prediction for EB3-I with Mult factors?

[vsivarama]

@mr00us, I had something similar where EB2I - Projection was April - 11 and EB3I was Sept - 11. I used 2 as the multiplication factor and used 20% downgrade for 2009 and 2010, 30% for 2011 and 40% for 2012 and onwards. But the reality could be very different. My assumption is that dates could jump big and could even reach late 2012 in order to process the cases that have all the ducks in a row only to retrogress in Oct 2021. Not all applications are created equal and some may require more attention or purely be processed slowly based on the Service Centers or the field offices. People in major metro areas could see their cases move at snails pace. I personally would like them to apply all the available visa numbers to the cases and keep working on them till completion even if the processing extends to FY 2022. This way none of the numbers in FY 2021 are wasted. But as we all know it's the USCIS and efficiency is not a thing with them. Hope they start issuing pending 485 inventories so that we can stop guessing.

[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?

Finally, dependent EAD/AP was approved today and status now says "We ordered your new card" more than a month after my EAD/AP was approved. spouse had to quit the job in November since H4 EAD expired in Nov 2020 and renewal is still pending. One less thing to worry and now have to find another job. :)

Dependent EAD/AP details
Receipt Number(s): MSC219027****
PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
01/21/2021 : Biometric appointment (Seattle ASC)
02/26/2021 : I-765 approved and new card ordered.


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

[SaibabaAug2010]

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

Yes, I don't think it's a coincidence, A. My 485 receipt date is 11/16 and you know there are tons of people ahead of me are still waiting for Biometrics (btw, our applications are at NBC) B. The Biometrics for our 485 & 539 were generated on the day H1 Extn package was received. Besides this, I agree with your point that JB admin might be playing a role in removing hard stops for H4 EAD as I see many long pending applications are receiving updates lately. Good luck!!

[mr00us]

Whats the prediction for EB3-I with Mult factors?

Here you go. There are 2 big catch(es).
1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating
2. How many visas are wasted by USCIS

Other than these, if we go just by numbers, here we are. All in all things look good for EB2.

1779

[fishelusa]

Hi i heard family based proclamation is lifted and it will slow down the eb progression in next coming months. Is this true and your thoughts on this

[bones20]

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.


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.

Update & questions:
1. I spoke to my attorney. She suggested to file for eb3 i-140 (attempt premium processing). Once the eb3 i-140 is approved request for an official downgrade ("transfer of underlying basis"). If eb2 becomes current before eb3, continue with current AOS with eb2 classification. Do you guys see any issue with this approach?

2. I came across this article:
https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/

Eligibility Criteria for Interfiling / Transfer of Underlying Basis
The criteria for interfiling are not written in the law or any regulation. Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators ? specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed. If all the conditions set by the USCIS are satisfied, however, there is a good chance that the interfiling request will be approved, as this serves USCIS?s interests of efficiency. It also facilitates the applicant?s goal of obtaining permanent residence by saving time, effort, and multiple filing fees.

The PM requires that the request be made in writing. There is, however, no specific form or format for this request. Additionally, there are cases in which the USCIS will initiate a conversion without a written request.

Any idea on which case(s) USCIS will initiate an automatic conversion (transfer of underlying basis) to eb3? Does a mere presence of approved/pending eb3 i140 trigger the conversion?

3. I went through a re-org and have been moved to a different org to the one where PERM was originally filed & approved. My role/position/pay all remains the same. Do you see any problem in reusing the original approved PERM for filing the eb3 i-140?

[AceMan]

Update & questions:
1. I spoke to my attorney. She suggested to file for eb3 i-140 (attempt premium processing). Once the eb3 i-140 is approved request for an official downgrade ("transfer of underlying basis"). If eb2 becomes current before eb3, continue with current AOS with eb2 classification. Do you guys see any issue with this approach?

2. I came across this article:
https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/


Any idea on which case(s) USCIS will initiate an automatic conversion (transfer of underlying basis) to eb3? Does a mere presence of approved/pending eb3 i140 trigger the conversion?

3. I went through a re-org and have been moved to a different org to the one where PERM was originally filed & approved. My role/position/pay all remains the same. Do you see any problem in reusing the original approved PERM for filing the eb3 i-140?

You are just going to wait for another 20-25 days, do nothing else, but watch if EB2 I reaches May 2010 or a day beyond your PD in the next bulletin .

[H1b2006]

Guys any idea how much % of total Eb2 eb3 Applications are receopted sofar. Does it another 2 months to receipt all of them. April -receipting completes
June- biometrics completes
July/Aug/Sept : how many GCS can be allocated for eb2 eb3.


Can total 2010 eb2 eb3 be cleared by Sept 2021?
Any may be q1 2011?

[alpha0]

15-1133 is also no longer in use. Not sure if we can still use the old ones. Has anyone got approved with old SOC code(as in PERM)?

My lawyer used old obsolete soc code while filing 485 and i had no issues in interview and got my GC last year.

[superuser]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?

[idliman]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?
If you overstay B2 visa for even one day (I-94 date), per law the multiple entry B2 visa will be automatically cancelled under INA Section 222(g) (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168) and you have to go back the US embassy or Consulate in home country and reapply.


Article 40.68 Aliens subject to INA 222(g). (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168)
An alien who, under the provisions of INA 222(g), has voided a nonimmigrant visa by remaining in the United States beyond the period of authorized stay is ineligible for a new nonimmigrant visa unless the alien complies with the requirements in 22 CFR 41.101 (b) or (c) regarding the place of application.

Article 41.101 Place of application (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.41&rgn=div5#se22.1.41_1101).
(b) Place of application for persons subject to INA 222(g). Notwithstanding the requirements of paragraph (a) of this section, an alien whose prior nonimmigrant visa has been voided pursuant to INA 222(g), who is applying for a new nonimmigrant visa, shall make application at a consular office which has jurisdiction in or for the country of the alien's nationality unless extraordinary circumstances have been determined to exist with respect to that alien as set forth in paragraph (c) of this section.
(c) Exceptions based on extraordinary circumstances. (1) An alien physician


You might think of leaving and reentering the country via Canada / Mexico. But that is dangerous especially when your friend's MIL had stayed in the country for close to 12 months. Usually the CBP officer letting you inside the country on B2 / tourist visa looks whether someone has "immigration intent". If you are spending more time in USA than your home country in the last 12 months, they will most likely deny entry or cancel Visa.

You can do I-539 more than 2 times. But I am not sure how successful you will be. First time extension during COVID is fine. I would think the chance of 2nd extension will be rare.

Staying more than 1 year on B2 can cause future complications. She better stay in India for quite some time (1 or 2 years) before trying to enter USA again.

You might want to get legal opinion from some Law firm as you are playing with fire. These are extraordinary situations because of COVID. They might know whether people were allowed to do 2nd extension or some extraordinary clause in law.

Sorry. The law is very blunt. It treats 1 day violation and 179 day violation the same way. Beyond 180 days, one gets a 3 year bar.

[qesehmk]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?

I think you just need to find a lawyer and you can get B1 extension on medical ground. COVID or no COVID.

Getting a visa next time will always be difficult if you overstay or get too many extensions even for valid reasons. Remember visa as well as entry to US is a discretionary thing. That's why my advice is - be 100% honest and then do what you need to do. If in worst case an emergency arises or she accidentally overstays ICE is not going to come and pick her up. But of course the best thing to do is be on the right side of law and get an immigration lawyer and a doctor to help you get an extension.

p.s. - I believe the last COVID bill has declared an emergency and nobody is going to accrue unlawful presence until COVID emergency is lifted. Again ask a lawyer.

[newyorker123]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

Just a bump. Anyone has any idea about this ?

[superuser]

If you overstay B2 visa for even one day (I-94 date), per law the multiple entry B2 visa will be automatically cancelled under INA Section 222(g) (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168) and you have to go back the US embassy or Consulate in home country and reapply.



You might think of leaving and reentering the country via Canada / Mexico. But that is dangerous especially when your friend's MIL had stayed in the country for close to 12 months. Usually the CBP officer letting you inside the country on B2 / tourist visa looks whether someone has "immigration intent". If you are spending more time in USA than your home country in the last 12 months, they will most likely deny entry or cancel Visa.

You can do I-539 more than 2 times. But I am not sure how successful you will be. First time extension during COVID is fine. I would think the chance of 2nd extension will be rare.

Staying more than 1 year on B2 can cause future complications. She better stay in India for quite some time (1 or 2 years) before trying to enter USA again.

You might want to get legal opinion from some Law firm as you are playing with fire. These are extraordinary situations because of COVID. They might know whether people were allowed to do 2nd extension or some extraordinary clause in law.

Sorry. The law is very blunt. It treats 1 day violation and 179 day violation the same way. Beyond 180 days, one gets a 3 year bar.



I think you just need to find a lawyer and you can get B1 extension on medical ground. COVID or no COVID.

Getting a visa next time will always be difficult if you overstay or get too many extensions even for valid reasons. Remember visa as well as entry to US is a discretionary thing. That's why my advice is - be 100% honest and then do what you need to do. If in worst case an emergency arises or she accidentally overstays ICE is not going to come and pick her up. But of course the best thing to do is be on the right side of law and get an immigration lawyer and a doctor to help you get an extension.

p.s. - I believe the last COVID bill has declared an emergency and nobody is going to accrue unlawful presence until COVID emergency is lifted. Again ask a lawyer.

Big thank you to Q and idliman for the prompt and precise replies. I have passed on the info to my friend who will now be able to make the right call. Thumbs up to Q's and idliman's post.
p.s. - I tried giving star or thumbs up to the post but I couldn't find it so thought of writing it :)

[incredible]

Some times doing nothing is the right thing :-)

Quick question on this. I have submitted and got approved supplement -J from my current company. Got an RFE for medical and a specific question asking, if I was going to stay in the current company, if not submit new supplement-J. I am in discussions with a new company and potentially move in April. With my date only 15 days behind (02/11/2020), I may become current in April/May. Should I not file new supplement J and just go to the new company. I wont get another RFE now since I just responded to my RFE with "Yes" on the question (it is a truth in the current context, but may not be in a month from now). What is the suggestion in this case? Should I submit new supplement J or just not do anything, unless USCIS asks or issues GC.

[android09]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

[gcconnect]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

I received I-485J receipt after getting EAD ( Submitted I-485J as part of the I-485 in OCT 2020). IMHO need not worry much as the time lines are not consistent for receipts, Biometrics, EAD at this point of time. There are so many people still waiting for Biometrics and with in 2 to 4 months everything will be streamlined.

[kuku82]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

FYI I got my receipt notice for 485j after 3 months of package filing. Still pending.

[qesehmk]

Big thank you to Q and idliman for the prompt and precise replies. I have passed on the info to my friend who will now be able to make the right call. Thumbs up to Q's and idliman's post.
p.s. - I tried giving star or thumbs up to the post but I couldn't find it so thought of writing it :)

No worries. All the very best.

[cool_guy_2004]

I would advise you against getting the medicals or sending it w/o an RFE. The USCIS will not honor it else everyone would start doing it. Ask your Doc to not sign it as yet as the Medicals need to be signed within 30 says of submission . TSC is going slow and the recent events in Texas might have delayed the RFEs.
Hang in , you will get your GC this Fiscal .
Best of luck

Thanks for your input.

[newsletter1978]

Hello everyone, just wanted to check if anyone is in the same boat as me. My wife got the appointment letter for her biometrics and her biometric was done on 2/19. I am the primary applicant, i have not received the biometrics appointment. We got current in March bulletin, how long does it take to get GC after you get current?

[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;

Finally got the checks cashed today morning. Never felt this happy after someone took the money :)
Hopefully receipt numbers would follow soon, if not, then Hello Emma.!
Nothing on the H4 and H4 EAD though, still pending with the same status after multiple Inquiries, follow ups, SRs, calls, Chat.

[mesan123]

I received I-485J receipt after getting EAD ( Submitted I-485J as part of the I-485 in OCT 2020). IMHO need not worry much as the time lines are not consistent for receipts, Biometrics, EAD at this point of time. There are so many people still waiting for Biometrics and with in 2 to 4 months everything will be streamlined. i too applied with 485-J. Didnot get my 485J reciept yet. Have EAD from Jan. Applied in Oct 2020

[aGCHopefull]

i too applied with 485-J. Didnot get my 485J reciept yet. Have EAD from Jan. Applied in Oct 2020

I'd also applied I485-J along with 485/765/131 in 1st week of October 2020. Have not received 485-J receipt yet. Also no biometric yet.

[ak7419]

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

@Moveon, did you receive RFE since you became current? I see that lot of NSC folks with PD > 2010 are receiving RFEs but majority of folks from TSC with PD < 09/2010 are yet to receive RFEs. Do you think USCIS has any plans of optimizing workload between service centers since there seems to be "inequitable" distribution of workload (for lack of better word).

[Turbulent_Dragonfly]

@Moveon, did you receive RFE since you became current? I see that lot of NSC folks with PD > 2010 are receiving RFEs but majority of folks from TSC with PD < 09/2010 are yet to receive RFEs. Do you think USCIS has any plans of optimizing workload between service centers since there seems to be "inequitable" distribution of workload (for lack of better word).

It's a well known fact over the years that TSC sucks.

[raradhya]

I'd also applied I485-J along with 485/765/131 in 1st week of October 2020. Have not received 485-J receipt yet. Also no biometric yet.

From what i have read or followed, one will not get receipt notice for I-485J . but once its approved you will get the approval notice. usually they wont pick up the file for processing if the dates FA is not current.

however i have seen cases on this forum where some of the folks are getting the I-485J notice after some time.

[LeoAugust]

Here you go. There are 2 big catch(es).
1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating
2. How many visas are wasted by USCIS

Other than these, if we go just by numbers, here we are. All in all things look good for EB2.

1779

1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating--> Seems like there are 30k EB2 to EB3 downgrade on Oct-Dec-2020. How much it is going to impact the calculation.
What will be the prediction dates including the downgrade and with no wastage?

[Turbulent_Dragonfly]

From what i have read or followed, one will not get receipt notice for I-485J . but once its approved you will get the approval notice. usually they wont pick up the file for processing if the dates FA is not current.

however i have seen cases on this forum where some of the folks are getting the I-485J notice after some time.

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

[rabp77]

Hello everyone, just wanted to check if anyone is in the same boat as me. My wife got the appointment letter for her biometrics and her biometric was done on 2/19. I am the primary applicant, i have not received the biometrics appointment. We got current in March bulletin, how long does it take to get GC after you get current?

it depends on the status of the case. People with pre-adjudicated cases and no need for RFEs have previously got approved within a week of the date becoming currrent, and have got GC in hand within 2 weeks. However, an RFE or other process can slow it down based on the processing required. A normal medical RFE would put it behind by 1-3 months. In your case, maybe they dont need finger prints, as the once they have are recent. In which case if the interview is also waved, it could move pretty fast. But if they need finger prints and interviews, then it will need to at least wait till those are complete.

[raradhya]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

[Zenzone]

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

I got mine in early Feb, while the rest of the receipt notices were received in Nov/Dec itself.

[android09]

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

Correct. Some receive it, many dont. I checked with my lawyers and they said its ok if you didnt receive the notice. Its only an acknowledgement on their end. If they really need something, you'll be sent an RFE.

[ak7419]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Everything is backed up. One thing I don't understand is, is TSC responsible for processing both 485s that were applied in 2012 and 485s that were applied as part of the recent downgrades in October 2020? I thought recent downgrade 485s were sent to a lockbox in lewisville?!

[19YRSNOGC]

Saw an Approval for Dec9 2009 on the first day of the being current in telegram group.

[sstest]

Is the fact that the I-485, EAD/AP receipt notices came from NSC sufficient to assume that the case is being processed in NSC?

[bikenlalan]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Nope, I filed middle of October and have not received I-485J notice yet.

[vvaavv]

Wanted to update that my case status changed to" New card is being produced" today. I got current in March bulletin.
NSC
PD - 10/19/2009
RD - 02/06/2012
Received 3 RFE so far
Last RFE - 12/02/2020 ( Medical , 325A, 1485J and passport biographic)
I485J Approval - 01/27/2021
Officer - 0375

[LeoAugust]

Please help me understanding the situation. What it means? I did not see any change in case status but, following is the information I got.

Today I was chatting with EMMA(Live Agent) and provided the SRC number and she responded with "It is saying for your i765 that your bio metrics was received on 02/05/2021 so they may have applied previous bio metrics to this case.". Does this mean they will not schedule any biometric or they will schedule biometrics for me? Is that Biometrics is different for 486 and 765? If they reuse biometrics for 765, does it mean it will be applied to 485?

[idliman]

Please help me understanding the situation. What it means? I did not see any change in case status but, following is the information I got.

Today I was chatting with EMMA(Live Agent) and provided the SRC number and she responded with "It is saying for your i765 that your bio metrics was received on 02/05/2021 so they may have applied previous bio metrics to this case.". Does this mean they will not schedule any biometric or they will schedule biometrics for me? Is that Biometrics is different for 486 and 765? If they reuse biometrics for 765, does it mean it will be applied to 485?
In my understanding, the reuse of biometrics is limited only to I-765 (EAD) applications. See AILA Doc No 20033032 (30MAR2020) (https://www.aila.org/infonet/uscis-announces-it-will-reuse-previously-submitted).


U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers(ASC) to the public in response to the Coronavirus (COVID-19) pandemic. This announcement's consistent with existing USCIS authorities regarding the agency's ability to reuse previously submitted biometrics.

Allow Reuse of Some Biometrics

Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or who filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs resume normal operations.


In the limited cases where USCIS may reuse an applicant's biometrics, the agency will mail a Form I-797 notice to the applicant stating that his or her biometrics will be reused and that the applicant is not required to appear at an ASC. Unless you receive such a notice, be prepared to wait a while for your next biometrics appointment.


So you will get your EAD. But for GC everyone has to go for Biometric Appointment.

Added: There was an Ombudsman meeting / Webminar in Nov 2020 that discussed wide use of Biometrics. I am not able to get a transcript of that. Maybe they have extended the scope since Mar 2020.

[LeoAugust]

Thanks @idliman. So, they will reuse my bio metrics taken before and I have to go for one more biometrics when the dates are current.

[Jonty Rhodes]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

[mesan123]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

I didnot get it yet, got other reciepts and EAD/AP approved too... one of my friend who applied same week as me in Oct got his 485 J recipet 3 weeks ago.

There is no consistency, when i called uscis regarding the same , one officer told i will not get other told to email lickbox. No clue on how they are doing

[YTeleven]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

Hi Jonty,

Good that you downgraded to EB3 even you missed the current date by just 5 days.
I was strongly advocating for downgrade in this forum for several years before covid.
I do support of your decision of premium processing for I140 now.
Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

[mesan123]

I got mine in early Feb, while the rest of the receipt notices were received in Nov/Dec itself. hoping i will get my I-485 J reciept no this month. I checked with my law firm, they mentioned i should get one, as normally they do generate a reciept for that too. Because of USCIS lag they are seeing too much inconsistencies altogether.

[mesan123]

Saw an Approval for Dec9 2009 on the first day of the being current in telegram group.
Which group.. can you ping me the group link ..Thank you

[Jonty Rhodes]

Hi Jonty,

Good that you downgraded to EB3 even you missed the current date by just 5 days.
I was strongly advocating for downgrade in this forum for several years before covid.
I do support of your decision of premium processing for I140 now.
Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

Thank you, YTeleven. I appreciate your prompt response. I will reach out to my attorney and push him for premium processing.

Thanks again.

[qesehmk]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

I am just amazed Jonty physicians have the same priority. Well ... what can you do? Good news is, you will be greened quickly now. Godspeed.

[texas_]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

[android09]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

Interesting nugget from the site - USCIS Receive 50,000 phone calls to our toll-free phone line and more than 150,000 inquiries and service requests via online accounts and digital self-help tool

I?m willing to bet half of those calls and the Emma digital requests were made by folks who?s date became current in Oct 2020 :)

[19YRSNOGC]

tried to send you details,got error
https://t.me/joinchat/XfTsBhwvW4YyODU5

[19YRSNOGC]

Which group.. can you ping me the group link ..Thank you
https://t.me/joinchat/XfTsBhwvW4YyODU5

[vsivarama]

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.


Prediction of PD is anyone's best guess so I cannot help you there. While there is a good chance of PD movement you most definitely cannot take it to the bank. As far as RFE's/rejections are concerned think of it this way, How does it help your case to get an RFE/rejection a year from now (in normal processing) because Premium does not change the result of your case.

[Jonty Rhodes]

I am just amazed Jonty physicians have the same priority. Well ... what can you do? Good news is, you will be greened quickly now. Godspeed.

Thanks, Q. Yes, almost all physicians also qualify under EB2 only. There are estimates that approximately 15,000-20,000 Indian physicians across the US are currently backlogged. Some of them may have upgraded eventually to EB1A or EB1B but that percentage remains smaller overall. Most physicians post-2014 are on J1 visa (since there are fewer and fewer training programs that offer H1Bs) and are doing their J1 waiver jobs and the newer ones are still in training. In my midsize town only, I know at least 30 Indian Physicians who are backlogged. I have at least 2011 date so have some hope. But I have talked to some physicians who are graduates with their PDs in 2016-2017. They have absolutely no hopes of getting a green card in the next 15-20 years.

[Jonty Rhodes]

Prediction of PD is anyone's best guess so I cannot help you there. While there is a good chance of PD movement you most definitely cannot take it to the bank. As far as RFE's/rejections are concerned think of it this way, How does it help your case to get an RFE/rejection a year from now (in normal processing) because Premium does not change the result of your case.

I agree and that makes sense. If there is a rejection, I would rather know now than find out a year later. As I have said, I am personally leaning towards upgrading to premium. I will contact my attorney.

Thanks for your input.

[AceMan]

Hi Jonty,

Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

I have a different take on this. With the embassies closed now, Eb2 has the potential to go past May 2011 by July bulletin.

[maverick2010]

Friends, Any idea on which/why I-485 applications go to Missouri Service Center(National Benefits Center). I'm from Dallas and my I-485 application was sent to USCIS, Lewisville, Texas drop box.

PD: EB2 India, Sep 2010

Thanks!

[android09]

I have a different take on this. With the embassies closed now, Eb2 has the potential to go past May 2011 by July bulletin.

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

[Turbulent_Dragonfly]

Friends, Any idea on which/why I-485 applications go to Missouri Service Center(National Benefits Center). I'm from Dallas and my I-485 application was sent to USCIS, Lewisville, Texas drop box.

PD: EB2 India, Sep 2010

Thanks!

They do this as part of load sharing between service centers.

https://www.aila.org/infonet/uscis-announcements-of-workload-transfers

[Mgajsk]

Finally received my EAD.

PRIMARY APPLICANT
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)
Combo card Approval update: 02/12/2021
Card Received : 02/27/2021


SPOUSE Status
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021
Case closed update : 02/12/2021 No Approval
Customer service opened Ticket : 02/17/2021

Spouse needed an EAD to restart her job which she lost because of her H4EAD being still in process. Vermont center will not reuse 1-765 finger prints for H4EAD .. Ridiculous!!

Thanks to All the Gurus ( @qesehmk, @Idliman, @VSivarama and others.... ) for being a voice of reason for me all this years when frustrated with the process.

no on to next phase .....

[AceMan]

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

Why not? EB1 filing date was September 2020 at the start of FY. The final dates is already at August 2020 within 5 months, and will be current in the next bulletin. It is the start of 3rd quarter and where do you expect the spill over to go? EB3? Do not accuse me of the EB3 bias here as this person has date beyond May 15 2011 which is after my February 2011 PD.

We got more than 3 months movement for March bulletin. If we get a 4+ month movement for the next 3 bulletins which is highly possible with EB1 current and no additional demand from anywhere, the final dates would be at May 15th 2011 at the beginning of the 4th quarter of this FY.

I am not sure why people cannot see this, rather obsessed with downgrading, adding premium, filing more 485. All these steps make your lawyer rich and you get a feel of doing something with nothing in return.

[maverick2010]

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

If USCIS becomes extremely efficient starting now and tries to not waste the spill over numbers, then.....Will it happen? too many variables in this equation to draw conclusion at this point:) Anything is possible though...

[EB32010]

Finally received my EAD.

PRIMARY APPLICANT
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)
Combo card Approval update: 02/12/2021
Card Received : 02/27/2021


SPOUSE Status
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021
Case closed update : 02/12/2021 No Approval
Customer service opened Ticket : 02/17/2021

Spouse needed an EAD to restart her job which she lost because of her H4EAD being still in process. Vermont center will not reuse 1-765 finger prints for H4EAD .. Ridiculous!!

Thanks to All the Gurus ( @qesehmk, @Idliman, @VSivarama and others.... ) for being a voice of reason for me all this years when frustrated with the process.

no on to next phase .....
Why no EAD approval for spouse? Did you check why? And H4EAD doesn?t need fingerprints. I am in same situation as you. I am waiting for biometrics for 485 and H4EAD is in progress at Vermont. H4 is approved

[Turbulent_Dragonfly]

If USCIS becomes extremely efficient starting now and tries to not waste the spill over numbers, then.....Will it happen? too many variables in this equation to draw conclusion at this point:) Anything is possible though...

You can take this info with a grain of salt, but there are multiple EB2-I Oct/Nov 2009 folks on trackitt who got their I-485s approved yesterday, the first day they got current. So there is some hope if you can believe these posts.

[Mgajsk]

Why no EAD approval for spouse? Did you check why? And H4EAD doesn?t need fingerprints. I am in same situation as you. I am waiting for biometrics for 485 and H4EAD is in progress at Vermont. H4 is approved

We called 1800 number. They said they send it back to NBC center and us a ticket number. we were informed to expect a call in 15 days. Otherwise call again.

[AceMan]

You can take this info with a grain of salt, but there are multiple EB2-I Oct/Nov 2009 folks on trackitt who got their I-485s approved yesterday, the first day they got current. So there is some hope if you can believe these posts.

One of my old coworker/friend who downgraded in 2018 to EB3 with a November 09 PD, got his I-485 approved yesterday. He had a prior EB3, got EB2 when he changed jobs, and he downgraded couple of years back.

It might be a coincidence, he has been current in EB3 for 5 months, he did not get his GC, but got his 485 approved on the first day EB2 got current.

I am not ready to brag on my theory of USCIS ignoring the downgrades for GC with a single case.

[EB32010]

We called 1800 number. They said they send it back to NBC center and us a ticket number. we were informed to expect a call in 15 days. Otherwise call again.
Thank you and pls keep us posted on the development.

And thank you Q for providing this site for all of us. It?s incredibly helpful.

[sudiva]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

Where does the interviews take place? ASC? If yes, below is the only mention of them.
* Fingerprint and photograph 10,000 people at 131 application support centers.

[qesehmk]

thank you Q for providing this site for all of us. It?s incredibly helpful.

It's really a community effort by people who are expert as well as helpful !

[maverick2010]

All,

Latest I-140 data below - please ignore if someone already posted

Approved Employment-Based Petitions Awaiting Visa Availability:
https://www.uscis.gov/sites/default/files/document/data/EB_I140_I360_I526_performancedata_fy2020_Q1_Q2.pdf


Number of Petitions and Approval Status By Fiscal Year Received
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

[getsaby]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

[nbk1976]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

I will let experts address the details. I just want to say regarding your thought of ignoring RFE #1: NEVER ignore what they are asking for, even if it is not applicable. Say it is not applicable, and say why. Since they are asking for proof of original employment, send them the form J with a company letter.

I would STRONGLY urge you to hire a competent attorney to reply on your behalf. This is the last piece of information they are seeking before the GC is issued. You do not want to mess this up.

Many good attorneys will not charge beyond a few hundred dollars for this. My attorney charges $750 for AOS handling.

[AceMan]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

It looks like USCIS has clearly mentioned of what they require and you appear to have a clear idea of what you are doing. Except for 485-J which has to be signed by employer, everything else in the RFER is in your control.

However if it was me, I would definitely get the service of a competent lawyer and I personally will verify every single line or points in the RFER being submitted. It is my GC petition and I would ensure the accuracy over the lawyer fees.

[idliman]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Your FA dates are current. The moment USCIS AO reviews your RFE reply, He/She is going to approve your GC. As an analogy: You had already made your train journey and various TTE's have validated the journey in the last 9+ years or so. Now as a final step, you deboarded the train and you are waiting for station staff to check ticket on exit. Just get an attorney, pay whatever it takes and get out of the green card backlog and enjoy freedom. Do whatever it takes.



I would STRONGLY urge you to hire a competent attorney to reply on your behalf. This is the last piece of information they are seeking before the GC is issued. You do not want to mess this up.

I agree.



However if it was me, I would definitely get the service of a competent lawyer and I personally will verify every single line or points in the RFER being submitted. It is my GC petition and I would ensure the accuracy over the lawyer fees.
I agree.

If it was just I-693 and G-325A RFE, you might have attempted it yourself. They are also asking for employment, I485-J or attestation of permanent job offer from your side. Something in your application made the AO to ask for confirmation. So give the AO what He/She wants. Good Luck.

[LeoAugust]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

[qesehmk]

I concur with others. Unless you are in a financial stressful situation - suck up the expense - and just spend the money.

If you are in a financially troubled situation then go ahead and do it yourself. IT is not too complicated. IMHO The real value of lawyer is not accuracy or knowledge in this case, the real value is simply having a lawyer stand by you.


Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

[jackryan041815]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

This is really interesting especially this paragraph "And finally, we understand the President?s very strong message, as laid out in his initial actions on immigration, in particular Executive Order 14012 on Restoring Faith in Our Legal Immigration Systems. The State Department is committed to do everything we can to resolve the backlogs and complete the visa process as efficiently as possible within the process designed to secure our nation?s borders." Does this mean they are committed to moving dates ? TBH I could care less about receiving card in hand lol, more concerned about my son aging out in 2ish years as I am hoping that age is frozen when dates get current. However, it would obviously be great if they process cases as per that paragraph.

[idliman]

This is really interesting especially this paragraph "And finally, we understand the President's very strong message, as laid out in his initial actions on immigration, in particular Executive Order 14012 on Restoring Faith in Our Legal Immigration Systems. The State Department is committed to do everything we can to resolve the backlogs and complete the visa process as efficiently as possible within the process designed to secure our nation?s borders." Does this mean they are committed to moving dates ? TBH I could care less about receiving card in hand lol, more concerned about my son aging out in 2ish years as I am hoping that age is frozen when dates get current. However, it would obviously be great if they process cases as per that paragraph.
I would like to see next months VB to see if DOS is actually going to aggressively move FA dates. I have not bought into to the 180 degree about turn yet. On the GSiskind's tweet, he had linked a CNN article on the immigration law status. It looks like there are two groups of thoughts (legislators) on house Dem side. The first set of congressman/woman wants to present the existing bills from the last congress (e.g., DREAM bill) and get them in before April 1st so that they can bypass the committee process . The second group is going for everything (read GCs for everyone in the country) stated in Pres JB's immigration bill outline and maybe more. Of course, if you go with the second set, it is not going to pass Senate and they will not have anything positive to show to constituents. Funny that in the entire process, legal immigration is not given that much importance. The big ticket items are concerning DACA and illegal immigration.

For the sake of back loggers, I hope they go with approach 1 to get something done than hogging news cycles for the next 6 months and end up getting defeated in the Senate. We have seen this movie many times where the Hero defeats the villain's (story presenting back loggers as villains taking jobs from Citizens) in the Climax.

[AceMan]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

75,000 vs 473,000 in 13 months must be only reason why the interviews are not being enforced.

[Transformer]

75,000 vs 473,000 in 13 months must be only reason why the interviews are not being enforced.
This is the snippet from the briefing:
By way of statistics, in January 2020 there were about 75,000 immigrant visa cases pending at the National Visa Center ready for interviews. Thirteen months later, in February 2021, there were 473,000 – about six to seven times greater.

I believe the 473K they are talking about is the NVC number and that doesn't include any of the AOS petitions filed after October in EB. I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

[AceMan]

This is the snippet from the briefing:
By way of statistics, in January 2020 there were about 75,000 immigrant visa cases pending at the National Visa Center ready for interviews. Thirteen months later, in February 2021, there were 473,000 – about six to seven times greater.

I believe the 473K they are talking about is the NVC number and that doesn't include any of the AOS petitions filed after October in EB. I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

Help me understand how the numbers ballooned to 473 K in NVC when the embassies were closed for majority of the year? I am missing something here.

[Transformer]

Help me understand how the numbers ballooned to 473 K in NVC when the embassies were closed for majority of the year? I am missing something here.
I am wondering the same but I am only quoting what he said.

[qesehmk]

I am wondering the same but I am only quoting what he said.

because it's a pipeline from consulates to NVC. Consulates had 473K in the pipeline they feed to NVC. Even after they stopped taking in applications in person they emptied the pipeline into NVC

[Turbulent_Dragonfly]

I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

Yes Consular petition needs interview.

But just because NVC cases are prioritized, does not mean they will be able to consume the visas in 7 months that they used to do in 12 months. So there is going to be a non-zero spillover going to happen, how much will be the question. We got 120k+ spillover when everything shutdown half way into FY2020. I will be surprised if we don't get at least 100k, if not more for FY2022 unless they change the law.

[3nov10]

Hi Gurus,

I am a long time reader, first time poster.

My PD is Nov 3 2010 EB2. I was not able to file for AOS in Oct because I changed my job (twice) and the PERM from the latest employer is not approved yet. PERM was filed in July 2020, I am hoping to get it approved in this month (trackit data). I believe, I will be able to file the I-140 in premium(or am I wrong.)

My question is should I file in EB3 or EB2.

[aGCHopefull]

Yes Consular petition needs interview.

But just because NVC cases are prioritized, does not mean they will be able to consume the visas in 7 months that they used to do in 12 months. So there is going to be a non-zero spillover going to happen, how much will be the question. We got 120k+ spillover when everything shutdown half way into FY2020. I will be surprised if we don't get at least 100k, if not more for FY2022 unless they change the law.

Probably a naive question, who conducts those interviews for consular petitions? USCIS field offices in US or consulars in various consulates?

How does that impact AOS processing for this year?

[qesehmk]

Probably a naive question, who conducts those interviews for consular petitions? USCIS field offices in US or consulars in various consulates?

How does that impact AOS processing for this year?

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

[aGCHopefull]

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

Thanks Q for explaining. So, as consulates are opening up and, if they prioritize CP interviews, they would start consuming FB Visa for current FY. That would result in lesser SO for EB next FY. As others have mentioned, that would depend on at how much capacity they operate on going forward for rest of this FY. right?

[bones20]

Hi Guys - sorry one more ac21 related question: can you do an internal job change within the same company within 180 days of AOS filing?

[Moveon]

Hi Guys - sorry one more ac21 related question: can you do an internal job change within the same company within 180 days of AOS filing?

Yes that would be safe as long as it is in a related function. Eg: moving from one engineering group to another . Reallocation of resources happen all the while at companies and this would be no different . If you are getting promoted from say Staff to Sr Staff Engg along with that , it would be very safe to .
Best of luck

[bones20]

Yes that would be safe as long as it is in a related function. Eg: moving from one engineering group to another . Reallocation of resources happen all the while at companies and this would be no different . If you are getting promoted from say Staff to Sr Staff Engg along with that , it would be very safe to .
Best of luck

Its not a promotion but a lateral move.

[LeoAugust]

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

[qesehmk]

Thanks Q for explaining. So, as consulates are opening up and, if they prioritize CP interviews, they would start consuming FB Visa for current FY. That would result in lesser SO for EB next FY. As others have mentioned, that would depend on at how much capacity they operate on going forward for rest of this FY. right?
Capacity, policy and executive push. This administration is determined to undo negative effects of prior administration as well as COVID. That means they will do everything they can do reduce backlogs from last year. How much can be done remains to be seen since they also need to consider, above else, their own employee well being (i mean consulate employees).

So the more favorable conditions arise, fully expect DOS / USCIS to work overdrive to reduce backlog here and abroad. One negative side effect on EB of course is that it will reduce FB->EB spillover. But I do expect significant visas to EB next year as well.

[AceMan]

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

2021 FY would be a windfall year like never before. We had 261,000 visas in EB where a huge majority will be available for Eb India due to the continued covid situation. EB1 India had more than 30 K approved 140's one year back. All of them appeared to be cleared. A similar numbers applied to EB2 has the potential for dates till May 2011 this FY.

For 2022 FY, you have to count the embassies reopening and the demand it going to bring in. If you have covid conditions of now still hanging on till early 2022, EB2 I can progress max to 2013 or 2014 depending on how many downgraded.

[qesehmk]

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

We can say definitively probably around end of April.

[MidWestMaverick]

AceMan, trying to understand your statement - assuming another 100K+ spillover is available in FY22, and with minimal downgrades, where do you think EB-I will end up? (I guess EB2 and EB3 India will have same/similar FA dates in the future)

[LeoAugust]

2021 FY would be a windfall year like never before. We had 261,000 visas in EB where a huge majority will be available for Eb India due to the continued covid situation. EB1 India had more than 30 K approved 140's one year back. All of them appeared to be cleared. A similar numbers applied to EB2 has the potential for dates till May 2011 this FY.

For 2022 FY, you have to count the embassies reopening and the demand it going to bring in. If you have covid conditions of now still hanging on till early 2022, EB2 I can progress max to 2013 or 2014 depending on how many downgraded.

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

[LeoAugust]

We can say definitively probably around end of April.

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?

[AceMan]

EB1 is expected to be current till October 2022 for the entire world. Whatever happens beyond that depends on how the economy of the US moves over next 18 months.

[AceMan]

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

I want to see the usage for 3rd and 4th quarter of 2021 before going to FY22 as it will have the cascading effect.

[qesehmk]

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?
Sorry I no longer do any of these calculations manually.

Others on the forum do manual calculations. Perhaps they can answer.

[Moveon]

Its not a promotion but a lateral move.

As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

[mr00us]

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

Here is what I presume would be the status at the end of FY2021. I will visit back to see how close these back of the napkin calculations are

With down port as 20% in 2010
and
3 down port scenarios- 20%, 25% and 30% in 2011

----------------------------------------|-------|------20%----------25-------------30--------|-----------------
EB3 prediction ( by end of fy2021) 1-May-11 * 15-Apr-11 * 15-MAr-11
EB2 prediction ( by end of fy2021) 1-May-11 * 15-May-11 * 1-Jun-11
----------------------------------------|-------|-----------------------|----------------------------------------
* Above analysis does not take for account any visa wasted by USICS
* This is without adding any spillover from EB1
* For every 1000 spillover from add 15 days to EB2

[ak7419]

https://www.politico.com/news/2021/03/04/democrats-house-immigration-plan-473475

"A dismal whip count came back this week showing House leaders don’t yet have the votes to pass the bill on the floor."

"Top House Democrats have promised to put key immigration bills on the floor this month — but President Joe Biden’s sweeping overhaul won’t be one of them."

"So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support."

"Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks — one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate."

[LeoAugust]

Here is what I presume would be the status at the end of FY2021. I will visit back to see how close these back of the napkin calculations are

With down port as 20% in 2010
and
3 down port scenarios- 20%, 25% and 30% in 2011

----------------------------------------|-------|------20%----------25-------------30--------|-----------------
EB3 prediction ( by end of fy2021) 1-May-11 * 15-Apr-11 * 15-MAr-11
EB2 prediction ( by end of fy2021) 1-May-11 * 15-May-11 * 1-Jun-11
----------------------------------------|-------|-----------------------|----------------------------------------
* Above analysis does not take for account any visa wasted by USICS
* This is without adding any spillover from EB1
* For every 1000 spillover from add 15 days to EB2

Thanks. Close to 40-50K applications downgraded from Eb2-EB3 for SRC. Not sure how they are distributed across 2010/11/12/13/14 and some of the applications gone to Nebraska. Not sure if this guesstimate number brings any impact.

[H1b2006]

I want to see the usage for 3rd and 4th quarter of 2021 before going to FY22 as it will have the cascading effect.

Guys only challenge is timelines in whivh USCIS is working there are plenty of numbers available in Q3, q4 in 2021 and Q3,Q4 2022.

If receipting , biometrics, interview waiver is not done usage will be less in 2021. Hope it will be high.in 2022 q3,q4.

[H1b2006]

If they can allocate numbers and issue GC 6months later wastage will be less.

[getsaby]

Hello

Does any one know, is there a time limit on how long we can keep signed I693 form with us.

[vsivarama]

https://www.politico.com/news/2021/03/04/democrats-house-immigration-plan-473475

"A dismal whip count came back this week showing House leaders don?t yet have the votes to pass the bill on the floor."

"Top House Democrats have promised to put key immigration bills on the floor this month ? but President Joe Biden?s sweeping overhaul won?t be one of them."

"So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support."

"Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks ? one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate."

I would not hold out hope for any sweeping immigration reforms. Pretty early into the Biden administration they have showed that they fold pretty easily on the very few things they promised (apparent by Covid relief bill). The $2000 check became $1400, to be sent out immediately became 3-4 months from taking charge, additional means testing included which further restricts who can avail the money. $15 minimum wage gone for good. This gives a pretty good picture as to how immigration will be handled. It's on us to keep up the pressure.

[raradhya]

Hello

Does any one know, is there a time limit on how long we can keep signed I693 form with us.

If you are submitting with in 60 days of the I-485 filing then its valid for 2 years. otherwise each subsequent I-693 is valid for 1 year from the Surgeon's signature

[idliman]

If you are submitting with in 60 days of the I-485 filing then its valid for 2 years. otherwise each subsequent I-693 is valid for 1 year from the Surgeon's signature
Per USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4), if you submit I-693 after 01NOV2018, it is valid for 2 years. If you submitted before 01NOV2018, it is expired as of now.

Form I-693 Submitted to USCIS on or After November 1, 2018



When did civil surgeon sign?

I-693 retains evidentiary value through



No more than 60 days before applicant filed underlying benefit application with USCIS

2 years from date civil surgeon signed I-693



After applicant filed benefit application with USCIS

2 years from date civil surgeon signed I-693



More than 60 days before applicant filed benefit application with USCIS

N/A ? I-693 not valid at time applicant submits I-693 to USCIS

[rocketfast]

Looks like guys at the below link are crawling the USCIS status pages to get data. For e.g., according to them, for 21% of the I-485 cases applied in October 2020, fingerprints have been applied. And for cases applied in Jan 2020, only 20% have gotten their green cards - which feels pretty low.

https://www.greencardly.com/#/I-485

[H1b2006]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.

[rabp77]

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?

I would think we would need two things for that to happen before oct-2022
- utilization of spill over for FY2021 should be complete or close to complete. We will likely know about this only after Oct-2021.
- Spill over for 2022 should be along simlar lines as the spill over we saw for Fy2021. This is probable, but we will need to wait a bit to get confirmed numbers after Oct 2021.

So in short, although its possible for dates to reach Dec2013 by Sept 2022, we will have much more clarity about this sometime in Oct 2021.

I would think EB2 likely is going to move faster once the FAD reaches july 2011, as most people would be in EB3 queue after that. Although theoretically dates should move together, we have rarely seen that happen in the past, because many people are unwilling/unable to switch between lines for various reason.

[phillygc]

Hello,

PD EB2 June 2011, Unable to file AOS, due to perm approval pending. Hoping to get approval in next 2-3 months. Also hope to file AOS by Oct 21 in any one category, If they allow filing dates. some one advised to ask for 2 140 applications.. My attorney goes by book of rules, Just need to be sure if its valid ask. also if its make sense to file at EB3 or take chance and wait for Eb2. I know lot of unknowns, we get clear idea after 3-4 months how dates progress. typical FOMO syndrome. I want other's opinion. how they would think and plan out in this scenario.. Inputs or comments are appreciated. thanks.

[H1b2006]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.
Guys any update on this if old employer -Employer A,is ready to giv 485J
Can the beneficiary file himself. How will you justify why did you left Employer A before.

[incredible]

Guys any update on this if old employer -Employer A,is ready to giv 485J
Can the beneficiary file himself. How will you justify why did you left Employer A before.

Some one might have replied already in the past. Once you get the employer part of the 485J, you can fill the rest and file yourself. But my advise would be to go through an attorney. If your dates are close to be current or current, no point looking for filing as Attorney may probably support you in case any questions asked, etc.

[H1b2006]

Okay Thank you.

[H1b2006]

Some one might have replied already in the past. Once you get the employer part of the 485J, you can fill the rest and file yourself. But my advise would be to go through an attorney. If your dates are close to be current or current, no point looking for filing as Attorney may probably support you in case any questions asked, etc.
When my old employer gives I485 J and when i file it do i need to start working for Employer A soon after filing or after getting the GC?

do i need to work at the work location as perm filed location or can i work at any work location.

[gcracer]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.

Only 485J and experience letter.