EB2-3 Predictions (Rather Calculations)

[qesehmk]

In 2010 - I along with a host of other really good people built GC predictions for our own benefit really. Over the years, hundreds of thousands others (perhaps millions) found them useful is an awesome fact but to tell the truth we started it for our own benefit. As all of us received our green cards we have moved on. All of you too will once you get your GC.

I too moved on and created WhereismyGC (www.whereismygc.com (http://www.whereismygc.com)) a paid service. If you can afford to pay then WhereismyGC is the best place. I can vouch for it. The only thing I will caution is - sometimes some people find it too realistic. They can't handle the truth -- how long a wait they may have in store for them. Also some people can't digest the whole idea of probability. They think if they are paying then they are entitled to absolute truth. Well here is the thing - there is no absolute truth. Everything is probability and that's what WhereismyGC shows.

For such reasons or reasons such as can't or don't want to pay, then this forum is your playground. Build predictions and share with others. Believe me - there is a joy in doing so and earning some good Karma !!

I have earned some good friendships along that made my GC journey much easier. I hope yours will too.

Good luck to all.

p.s. - Archives of old EB2-3 Calculations can be found HERE (http://www.qesehmk.org/forums/forumdisplay.php/68-Archives)

[Spectator]

As always, please take the following with a pinch of salt. It is a best effort, but the variables mean it can never be truly accurate and has wide error margins.

FY2017

EB1

Without any substantial change, EB1 is likely to use its full allocation again in FY2017. This is even more likely, since EB1 China and India were retrogressed for the final 2 months of FY2016 - therefore up to 14 months of demand will be available in FY2017 for these Countries.

EB4

For EB4, CO has set a 15JUN15 FAD in October for El Salvador, Guatemala, and Honduras within EB4 and expects slow progress during FY2017. If that's the case, then there will not be any spillover from EB4 in FY2017.

EB5

The EB5 regional center program is currently scheduled to sunset at the end of FY2016. If, as is widely expected, it is extended, then EB5 will not provide SO either. Even if the amounts required to qualify under the RC are substantially increased, there is already a large backlog of Chinese investors under the old system, sufficient for several years. Should the RC program eventually be abolished, it would provide a healthy number of spare visas in the short term.

Family Based Visas from FY2016

All FB Categories and Countries are retrogressed. FB should use all their 226k allocation in FY2016. Any spare visas would be a bonus. CO seems to be doing a better job utilizing them recently. As an update, CO has now published the anticipated Annual Numerical Limits for Fiscal Year 2017 (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Web_Annual_Numerical_Limits.pdf). This shows no anticipated extra visas from FB use last FY, so the EB limit for FY2017 will be 140k. Although it may get updated at a later date, I don't expect much change - perhaps a few hundred as in FY2016.

PERM

PERM certifications for the last 6-7 months have remained very high, so the pipeline of ROW approvals for the first half of FY2017 is also likely to be quite high.

It's true that the PERM certifications have been high and the backlog has reduced (from 58.9k at the end of FY2015 to 38.6k at the end of Q3 FY2016). At some point, the certifications should slow, but it's not clear when this might happen. Last time (FY2011) OFLC brought the backlog down to 20k.

At the same time, the number of new PERM receipts also appears to have risen (from 87.6k in FY2015 to a prorated 99.4k in FY2016).

EB2

Worldwide

The high PERM pipeline plus retrogression in the last 2 months of FY2016 means that EB2-WW approvals are likely to remain relatively high for at least the first half of FY2017. Due to the retrogression, up to 14 months demand is available in FY2017 for EB2-WW.

India

The prospects for EB2-I in FY2017 look quite bleak. The sources of traditional spillover look to be dry for a second successive year. This might only change late in the FY.

EB3

India

High PERM certifications and a trend towards an increased % of ROW EB3 cases may put the squeeze on available Fall Across within EB3.

EB3-I still has the very difficult last week of March 2005 to traverse. Again, any substantial movement will happen very late in the FY. Until then, it will be glacially slow.

[imdeng]

Placeholder for FY2015 predictions.

[vizcard]

imdeng,

Thanks for the kind words.

I hear what you say about pre-adjudication and I think you are probably correct.

Unfortunately, that also means that the DOS Demand figures will undercount the true numbers, since USCIS will not request the visa until pre-adjudication is complete.

Sometimes it's just nice to wish. Would it have taken so much effort to have added another stage in the online status to reflect pre-adjudication when they changed the system?

I don't think so. It just reflects that USCIS are not, despite what they might want people to believe, very customer orientated.

Which could mean that the dates might move faster (whenever they do move) than they should and then retrogress again.

[YTeleven]

In few hours from now we will be in FY15, this will be my last post in FY14.
I've a very positive prediction for EB3-India folks who are waiting for more than 10 years in the GC Q.
Back in May'14 I was predicting that EB3-India will have bright future ahead in this post: here (http://www.qesehmk.org/forums/showthread.php/5-EB3-Predictions-amp-Calculations?p=46298#post46298)

After a thorough data analysis I could say that in FY16 we will see a complete wipe out of EB3-I I485 inventory as shown in this graph:EB3-I I485 inventory trends (https://drive.google.com/file/d/0B89CvsiXVO92UnBIMC1qRDMzb0U/edit?usp=sharing)
Here I'm comparing the same graph with current EB3-ROW inventory trend:EB3-I I485 inventory trends comparing with EB3-ROW inventory trend (https://drive.google.com/file/d/0B89CvsiXVO92NE5OT2lnaGdrSmM/edit?usp=sharing)

After seeing these graphs you might question why would we see 20k spillover to EB3-I in FY16. This is what I'm getting from all the available data pointers.
After FY15 there will not be any demand for EB3 to consume its yearly 40k visas and that gives a massive horizontal spillover to EB3-India.
So this means we will have inventory buildup for EB3-I also in FY16.

Already, this post (http://www.qesehmk.org/forums/showthread.php/1217-EB2-3-Predictions-(Rather-Calculations)?p=53828#post53828) predicts that there is a possibility for EB2-I inventory building in FY16.

[sportsfan33]

No number crunching from me, taking a macro view.

Here are the visa bulletins in the month of September for the last 4 years:

2010: May 8, 2006
2011: Apr 15, 2007
2012: NA
2013: June 15, 2008
2014: May 1, 2009

Salient observations:
- Over the last 4 years, average date advancement is 9 months per calender year.
- Over the last 3 years, the average date advancement is 7.5 months per calender year.
- Even between 2011-2013, when we were hit by increasing EB1 and EB2-ROW demand, the average movement continued at 7 months per calender year.

Tailwinds going forward:
- EB2-ROW: Getting a Perm is going to be very tough going forward.
- Porting from EB3I to EB2I: Read above.

Headwinds going forward:
- EB5: For all practical purposes, consider this out of equation.

Unknown:
- EB1: In particular EB1C. In my opinion, EB1 is one Kazarian-style memo away (that hits EB1C-I hard) from giving 10K+ spillover.
- FB spillover: It is still not clear whether FB spillover will be available.

Overall, we lose EB5, but the damage is contained since EB5 cannot get numbers from anywhere else (thank goodness). We should gain big time due to increasing PERM delays, so everyone whose PERMs and labors are clear gain advantage.

One of the biggest factors though that facilitated all the date movement for the last 2 years was FB spillover in 2013 and 2014. FB gave EB 28K visas combined over the last 2 years, and an estimated 20K of those visas were consumed by EB2I. This is a huge number and made all the difference for EB2I. 20K for EB2I is almost an years worth of advancement. Without the FB numbers, we would be at May 1, 2008 today and not in May 1, 2009.

For FY 2015:
- Not having significant FB spillover will impact the movement negatively.
- The positive effect of PERM delays will not show up significantly for FY 2015. However, increased PERM delays will ensure that EB2-ROW doesn't kill EB2I which was otherwise looking like a real possibility.
- EB1 and EB2-ROW will still provide some spillover. EB2-ROW spillover will only come due to PERM delays.
- Without having any other source of spillover, the movement will be just enough to reach the end of 2009. Going to the 3 year average, my point estimate is December 15, 2009.

[Kanmani]

Notes on Discussion with Charles Oppenheim, Chief of Visa Control, updated Oct 01 2014.

http://www.cilawgroup.com/news/2014/10/01/visa-bulletin-predictions-and-updates-from-charles-oppenheim-major-retrogression-in-eb-2-india-eb-3-row-and-china-to-advance-october-1-2014/

[Turbulent_Dragonfly]

@Turbulent_dragonfly

Can you please share details about the medicals? Is there some form doctor will have to complete, does this have to be physical check up with doctor, blood work etc., ?

Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.

[Zenzone]

Update on covid talks. Pelosi and mnuchin did not reach an agreement. House is proceeding this evening with its own covid relief bill at $2.2T .FB spillover is probably safe for now

Thanks for your watch on this topic. Since tomorrow is the official start of new fiscal, is it fair to say that if a bill that contains visa re-allocation doesn't pass house, senate and signed by the POTUS, by law by midnight today we are good for the SO for the entire new fiscal?

[bones20]

Been a lurker for many years. My PD is 04/29/2010 (EB-2). Do you suggest filing for concurrent eb-2 & eb-3 or just file eb-2 for now and switch to eb-3 later when its fac date becomes current?

thanks!

[Zenzone]

Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.

Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.

[gs1968]

Thanks for your watch on this topic. Since tomorrow is the official start of new fiscal, is it fair to say that if a bill that contains visa re-allocation doesn't pass house, senate and signed by the POTUS, by law by midnight today we are good for the SO for the entire new fiscal?

I think the chances of any deal before the election are unlikely. I read that 10 days ago, Stephen Moore told President Trump in a meeting at the White House that it was likely already too late for a stimulus to help Trump politically.Moore told Trump a deal now wont boost the economy until 2021 - or after Nov 3. There is no incentive for the president to lean on the GOP senate to push the bill through.It is also possible that with every passing day the Democrats are increasingly positive about a favorable election outcome and are likely to deal with this in January 2021. The next opportunity for any amendments to be attached would be the next CR in December when the current one expires on Dec 11. The Senate is voting at 5 PM on the House passed CR and should recess after that.

As far as whether these spillover numbers are safe I really don't know. If the Congress passes something on a prorated basis to reclaim the numbers in January the USCIS will have to honor it. The inclusion in the current Bill suggests that the issue is still alive. Of more immediate concern is the fee raises that were struck down in court yesterday. If the USCIS was planning to use this extra income to bolster their fiances and expand hiring then it may be difficult now. Hopefully in January they can have a confirmed nominee that can enforce these increases.I think the case yesterday was struck down because the judge felt that Chad Wolf was appointed illegally

[horizon1012]

Its part of new Heros act..https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/SUPP_SEP_01_ALL_xml.2020.9.28.1753.pdf



I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.

[Zenzone]

I think the chances of any deal before the election are unlikely. I read that 10 days ago, Stephen Moore told President Trump in a meeting at the White House that it was likely already too late for a stimulus to help Trump politically.Moore told Trump a deal now wont boost the economy until 2021 - or after Nov 3. There is no incentive for the president to lean on the GOP senate to push the bill through.It is also possible that with every passing day the Democrats are increasingly positive about a favorable election outcome and are likely to deal with this in January 2021. The next opportunity for any amendments to be attached would be the next CR in December when the current one expires on Dec 11. The Senate is voting at 5 PM on the House passed CR and should recess after that.

As far as whether these spillover numbers are safe I really don't know. If the Congress passes something on a prorated basis to reclaim the numbers in January the USCIS will have to honor it. The inclusion in the current Bill suggests that the issue is still alive. Of more immediate concern is the fee raises that were struck down in court yesterday. If the USCIS was planning to use this extra income to bolster their fiances and expand hiring then it may be difficult now. Hopefully in January they can have a confirmed nominee that can enforce these increases.I think the case yesterday was struck down because the judge felt that Chad Wolf was appointed illegally

Thanks. I think its a theoretical possibility that retro-actively re-take the unused FB visas. Also remember, January will be Q2 of the fiscal and there are chances that a good portion of the SO might have been already allocated. So its futile exercise. However, they can enact the law to bring back the unused number from Oct-Dec that are part of the new fiscal. I hope that doesn't happen either! Also, the brighter side, with new admin. chances of S.386 is hopefully brighter. But I agree with you that this is not an immediate threat as yet overall.

[gs1968]

I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.

The provisions are under Section T Immigration matters on Page 2022 of the PDF File. The language is exactly as before in the previous versions of this Bill. There are also provisions included for physicians

[Turbulent_Dragonfly]

I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.

Look at page 2025

(ii) ELIMINATION OF FALL ACROSS.—
20 For fiscal years 2021 and 2022, the num21 ber computed under subsection (c)(3)(C) of
22 section 201 of the Immigration and Na23 tionality Act (8 U.S.C. 1151), and the
24 number computed under subsection
VerDate Nov 24 2008 11:54 Sep 29, 2020 Jkt 000000 PO 00000 Frm 02025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\ 11.0\GEN\C\SUPP_SEP
September 29, 2020 (11:54 a.m.)
H:\XML\FY21\SUPP\COVID\SUPP_SEP_01_ALL.XML
L:\VA\092920\A092920.007.xml
2026
lll
1 (d)(2)(C) of such section, are deemed to
2 equal zero.

[Positive]

"Stimulus negotiations between Treasury Secretary Steven Mnuchin and House Speaker Nancy Pelosi fell apart on Wednesday. We’re very, very far apart,” Senate Majority Leader Mitch McConnell said after the meeting. . . Republicans acknowledged prior to the meeting that this was likely the last chance to get something done before the election."

https://www.msn.com/en-us/news/politics/very-very-far-apart-pelosi-and-mnuchin-fail-to-reach-a-deal-on-bill-including-stimulus-checks-and-enhanced-unemployment/ar-BB19Arc2?ocid=msedgntp

[mesan123]

Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.
It depends on your attornies.. our company Attorney kept it as a needed document to file. So i would tell , check with your company attorney first for the checklist, if they request it go ahead and do it

[Turbulent_Dragonfly]

It depends on your attornies.. our company Attorney kept it as a needed document to file. So i would tell , check with your company attorney first for the checklist, if they request it go ahead and do it

Exactly. Since my PD is in May 2010, my attorney did not want any outstanding documentation down the road even it means spending the money for naught.

[maverick2010]

Exactly. Since my PD is in May 2010, my attorney did not want any outstanding documentation down the road even it means spending the money for naught.

My attorney is taking different stance - They want me to send the application ASAP and deal with medicals later on when we get RFE. My priority date is Sep 2010 EB2.

Also, my attorney said if we send the I-485 application before Oct 12th we don't need to submit I-944 along with the application. It can be submitted later on when we get the RFE.

[Moveon]

USCIS can consider I485 to be abandoned if you travel abroad when it's pending unless

1. You have advance parole by filing i131

2. You are maintaining lawful h, L, V, K3/k4, and you return using a valid H, L, v, K3/k4 non immigrant visa.

To be doubly sure I would advice you do both, and check with lawyer.

Also check: https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis

I suppose I am qualified to answer this Question as I have been through this .
In April/May 2018 the administration secretly passed a directive that the AP would be considered abandoned if a person traveled while the application was in process. I was supposed to travel in June and there were rumors about this . So I went to the USCIS info pass office and they told me that they have not received any such directive and that I was OK to travel as long as I applied for the extension while in the US and return before the current AP expired. I visited India for 2 weeks and in July I got I letter saying that AP was rejected due to the travel , but my EAD was extended for 2 years. I reapplied for the AP which got approved in 14 weeks but for only one year. Ever since my AP is renewed for one year and EAD for 2 .

There were lot of petitions filed to the USCIS and they revered their draconian directive mid 2019 . Please refer to https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel . Here is an excerpt from the USCIS page
"If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

So you are safe to travel after you apply but be sure you return before the current AP expires as AP can take upto 7 months to renew . EAD has no such rule , you just need to apply when in the US.

[jimmys]

Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.


Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.

If you are EB2 and your PD is before Jan 1,2011(Jan 1,2012 for EB-3) it makes sense to send the form I-693 along with your I-485. In case if your interview gets waived, you may get approved without an RFE for medical.

[longwaitgigu]

Thanks. I think its a theoretical possibility that retro-actively re-take the unused FB visas. Also remember, January will be Q2 of the fiscal and there are chances that a good portion of the SO might have been already allocated. So its futile exercise. However, they can enact the law to bring back the unused number from Oct-Dec that are part of the new fiscal. I hope that doesn't happen either! Also, the brighter side, with new admin. chances of S.386 is hopefully brighter. But I agree with you that this is not an immediate threat as yet overall.
If the INA rule has already enacted and given spillover per rule. IMO any party wins they cannot retro active after sept 30 2020. But they can very well stop from oct 2021
Do u trust dems for s386- the biggest liars
Backlogged indians r atleast able to file for ead due to GOP ( not just coz of consulate closures, I firmly believe trump order also plays a role)
I really hope DT 2020, I would take ead and ap for 2 years than nothing

[mesan123]

My attorney is taking different stance - They want me to send the application ASAP and deal with medicals later on when we get RFE. My priority date is Sep 2010 EB2.

Also, my attorney said if we send the I-485 application before Oct 12th we don't need to submit I-944 along with the application. It can be submitted later on when we get the RFE. . i heard attornies are charging extra for each RFE response( except adminstrative ones eg like passport pics or medicals)... just an info

I do understand we can submit only the documents attornies request..

[longwaitgigu]

Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?

[jimmys]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.

Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.

I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.

If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.

[jimmys]

Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?

I do if USCIS doesn't screw up things.

[delguy]

Few queries on I-944 form:

1. My understanding is that each member of household have to fill it. Primary applicant, spouse and kids. However, if kids are US born, do they still have to fill it?

2. Part 4: Your Education and Skills. It says that if you have approved I-140, then skip the section. I have approved I-140 and primary applicant so I can skip. However, my wife is also I-140 approved with a later PD, so should she provide her I-140 number and skip it too.

3. Assets: Should we also include 401K and 529 accounts?

[montyp80]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

My Lawyer tells me that you can travel while I485 is pending as long as you can return back on valid H1B status.

If you have plans to travel after applying for 485 then only apply for 485 and EAD. Return on valid H1b status and then apply for AP after coming back. At least that's what I am planning to do as I also have plans to travel after applying for 485.

[longwaitgigu]

Is your prediction has anything to do with election results-like who will win. Or with 261,500 the FAD predictions remains same

[Turbulent_Dragonfly]

1. No. They are not I-485 applicants.

2. Yes if your spouse has an I-140 approved, mention that and skip the educational details.

3. Every significant asset you have especially liquid just bolsters your case against becoming a public charge.

[ferric]

https://www.murthy.com/2020/09/30/newsflash-major-changes-being-made-to-premium-processing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless

[Turbulent_Dragonfly]

https://www.murthy.com/2020/09/30/newsflash-major-changes-being-made-to-premium-processing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless
Hopefully that’s an indication that they intend to stay with the filing dates and reap the sweet sweet premium processing fees from suckers like us who they have left hanging for so long.

[Zenzone]

If you are EB2 and your PD is before Jan 1,2011(Jan 1,2012 for EB-3) it makes sense to send the form I-693 along with your I-485. In case if your interview gets waived, you may get approved without an RFE for medical.

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

[Zenzone]

Good question on US born kids. I have the same question. Yes including 401k and 529 are fine.

[jimmys]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

If you can't get appointment it's fine. Send it without I-693. Don't delay filing I-485.

[jimmys]

https://www.murthy.com/2020/09/30/newsflash-major-changes-being-made-to-premium-processing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless

$1500 for EAD?

[rabp77]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

I belive you should file i485 without medicals in this case. Thats what i had done. Normally they give you a months notice before calling you for an interview. I had taken my medicals with me to the interview, and handed them over during the interview. My lawyers had adviced me not to get medicals done when submitting the i485, because the finger printing/interview process takes around 9-12 months to complete, and medicals are valid only for 2 years. So the later you do them the better. Please do due dilligence, as my case is nearly 2 years old now (though is i have not heard things have changed, lawyers will have latest info)

[rabp77]

now that is October, i believe the spill over is official. Is there any chance to "un-spill" the visas using stimulus bill/heroes act. Normally laws dont change what has happened, but wanted to know your thoughts. There is at least no precedent for "unspilling" that i know of.

[mesan123]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

It totally depends on your attoeney. My PD is Feb 2011, my attoney mentioned it is needed. So i m getting it done. There are passport health places where you can do medicals, they have mutliple offices in cities try them if you have not.

[gcpursuit]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.

I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.

[Pundit Arjun]

Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.

I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.

GDPursuit - Do direct your friend to our forum as well. He/She can get answers to future questions and this forum as we all know is a treasure trove of info along with seasoned experts :)

[longwaitgigu]

Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.

[longwaitgigu]

Other question
My Company is also asking me to downgrade and apply in eb3- AOS( Note- I am also doing AOS with my spouse). Is it advisable for me to downgrade and apply AOS too( my PD is dec 2014) or should I hold off?
Can any one person have two AOS from two different companies ?

[gs1968]

The chances of any meaningful deal between the Speaker and Sec.Mnuchin are quite bleak as they are very far apart in many issues.The House held off voting last evening to give them one more day to negotiate but it appears like they will go ahead and vote on the HEROES 2 today.Needless to say it will be ignored by the GOP senate

[YTeleven]

Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.
In your case in current scenario not filing EAD is best option... you might cut some processing time get GC faster.

[longwaitgigu]

Thankyou and also AP and Ead can be filed later after filing i485 right?
Supposedly FAD does not become current and we r stuck.

[horizon1012]

Folks,

Just found out from my colleague that if the registration on the Birth Certificate is later than 365 days of birth then an affidavit is required from the Parents. I need to get this done for my spouse, just wondering if anyone has idea of whether the name of my spouse and her mother should be Maiden or After Marriage.

[Zenzone]

The chances of any meaningful deal between the Speaker and Sec.Mnuchin are quite bleak as they are very far apart in many issues.The House held off voting last evening to give them one more day to negotiate but it appears like they will go ahead and vote on the HEROES 2 today.Needless to say it will be ignored by the GOP senate

and even if it passes I'm very pessimisstic about the immigration provisions passing senate as it is. They probably will pass a slimmed down version and force a reconciliation back with the house. Worst case. Even the Senate taking this bill up is extremely unlikely.

[Zenzone]

Quick question folks...What's your opinion bout whether DOS will keep the filing dates as they are and USCIS accepting the same filing dates for the Nov 2020 bulletin?

[Aug2010]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

[qesehmk]

Thankyou and also AP and Ead can be filed later after filing i485 right?
Supposedly FAD does not become current and we r stuck.

Absolutely correct. Get your 485 done ASAP. If for any reason you have problems with AP and EAD ... don't worry a thing. You can file them anytime.

[Turbulent_Dragonfly]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

"Porque no los dos?"

[raradhya]

Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.

Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.

I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.

If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.

Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.

how does USCIS know we left the country since they don't take I-94 anymore.

[YTeleven]

Quick question folks...What's your opinion bout whether DOS will keep the filing dates as they are and USCIS accepting the same filing dates for the Nov 2020 bulletin?
It's all depends on USCIS ability to issue 261,500 GCs by Sep2021.. if they really want to do that then they will not retrogress the dates till Sep..they will move FAD rapidly and match with FD by Sep..

[Lake789]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!

[YTeleven]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

I would go for EB3.

[delguy]

I-944 queries:

"Part 3. Your and your household members assets, resources..." <- This section has space for 3 household persons. Do we have to only fill 2 entries - spouse and applicant here and not the kids? Family information including kids already comes in section "Part 2. Family Status".

or.

Fill 3 members here and 4th one in "Part 9. Additional Information".

[YTeleven]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!

I don't think EB2I 2014 FAD will current in anytime near future... EB3I FADs can go beyond 2015 in this FY by Sep. If you have a clean case you might even get GC this year in EB3I

[Turbulent_Dragonfly]

I-944 queries:

"Part 3. Your and your household members assets, resources..." <- This section has space for 3 household persons. Do we have to only fill 2 entries - spouse and applicant here and not the kids? Family information including kids already comes in section "Part 2. Family Status".

or.

Fill 3 members here and 4th one in "Part 9. Additional Information".

Only you and your spouse have assets and liabilities to declare. They provided the extra space if you have others living with you. Please read the instructions, they are very detailed.

[abcx13]

EB3I FADs can go beyond 2015 in this FY by Sep. Sorry but how do you figure this?

[qesehmk]

I don't think EB2I 2014 FAD will current in anytime near future... EB3I FADs can go beyond 2015 in this FY by Sep. If you have a clean case you might even get GC this year in EB3I
YT - be careful. I think that's going too far (the EB3 comment). I am sorry if you have already laid out numbers somewhere that I haven't seen. Please point me to it if so.

[idliman]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!
The filing dates (DF) are determined based on expected movement at the end of the year. There are 4 times more people in EB2I queue when compared to EB3I queue. That's why EB3I DF had moved 1795 days versus 638 days for EB2I. If you are in 2014, then it may be better to get EAD. But please note that final action dates are based on many other things. As more people port to EB3I it will slow and clog. DOS talks to USCIS to make sure that it has capacity to process GCs. That is one of the reasons why you will see less movement for "FA" dates. Hope this helps.

[idliman]

In my opinion rapid movement may mean 1 to 3 months movement for FA dates. Anything more than that I will be surprised and extremely happy. Just note that before COVID, EB2I was moving 2-3 days per month (or 1.5 months per year). So rapid movement is left to your interpretation.

[Turbulent_Dragonfly]

I think they are again going to release Nov bulletin as late as possible, not to antagonize us, but to find out how many people are going to file under the different classifications per the new filing dates. Simple math for EB2I suggests that if they want to reach 15 May 2011 from Sep 09, they just move it 2-3 months every bulletin to manage the flow of applications better. That's why I am really surprised about them moving EB3 to 2015. No question, it's a boon to all those waiting years, but it will once again severely muddy the waters because of the mass downgrades.

[texas_]

Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.

how does USCIS know we left the country since they don't take I-94 anymore.

Apply ead ap in October 2020, if both are approved after 7-8 months. What would be validity of both end and ap.?
Would it start date = October 2020 or the date approval and a year from there ?

I’m a first timer ead ap so no clue
Thank you in advance

[gcpursuit]

Apply ead ap in October 2020, if both are approved after 7-8 months. What would be validity of both end and ap.?
Would it start date = October 2020 or the date approval and a year from there ?

I’m a first timer ead ap so no clue
Thank you in advance

it will be one year or 2 years from the date of approval.

[YTeleven]

YT - be careful. I think that's going too far. I am sorry if you have already laid out numbers somewhere that I haven't seen. Please point me to it if so.
If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data

[Turbulent_Dragonfly]

If they move the FA dates 2-3 months for every bulletin through January as they indicated, that would be a good outcome. Beyond that, I guess it will depend on the applications that they receive in the first quarter.

[delguy]

Only you and your spouse have assets and liabilities to declare. They provided the extra space if you have others living with you. Please read the instructions, they are very detailed.

I just read but instructions on page 4 for Part 2 Item 1 says that any child under 21 residing with you is considered part of household. So looks like childs have to be reported there. Doesnt make sense to me but this is what they seems to expect.

[Turbulent_Dragonfly]

I just read but instructions on page 4 for Part 2 Item 1 says that any child under 21 residing with you is considered part of household. So looks like childs have to be reported there. Doesnt make sense to me but this is what they seems to expect.

The children don't have any income so they don't have to be declared under "Household Income" in Part 3 because they don't contribute to the assets/income. All they are trying to find out is if you earn less than 125% of the Federal Poverty guidelines.

So yes, they do have to be reported under Part 2, but not Part 3, since your original question was for Part 3.

[HMTEB2]

Hi Friends, I am EB2 Jun 2011 . My attorney is suggesting to wait for the Nov Bulletin and apply in EB2 if the dates move forward, and if not then downgrade to EB3 before Oct 31. Do you think it is a wise strategy ?

[android09]

My wife's employer has 30 people who became current and filing I-485s for them and their families. The HR mentioned they're focused on filing I-485 right now and so will not be filing I-485j along with the application and will submit that when the RFE comes and mention this is their standard practice.....anyone come across that?

[jimmykashmir]

If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data

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

does anyone know please what it is the latest on the 485 fee schedule? the latest I got from my lawyer is that for now it will remain old fee structure of $ 1225 per applicant? thanks!

[shriny]

My company attorney team says they are planning to file Adjustment of status end of October, this is crazy and I am done with all our action items from our end, it takes a month to prepare the application? I am considering to file myself, any thoughts?

Anyone planning so or should I look for a different attorney.

[texas_]

My wife's employer has 30 people who became current and filing I-485s for them and their families. The HR mentioned they're focused on filing I-485 right now and so will not be filing I-485j along with the application and will submit that when the RFE comes and mention this is their standard practice.....anyone come across that?

Yes, Many attorneys now a days file only I 485 and not even working on EAD/AP. They say will do that later in a month or two

[qesehmk]

Just saying we need to stay true to the name of the thread i.e. "calculations". Somebody like you who has been putting great thoughts out - people tend to hang their hat on. Hence it is a good idea to use data, calculations, be conservative and then add caveats!

Thanks for your posts. I hope you under my only intention is to keep things as real as possible without too much pessimism or optimism.


If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data

[longwaitgigu]

My company attorney team says they are planning to file Adjustment of status end of October, this is crazy and I am done with all our action items from our end, it takes a month to prepare the application? I am considering to file myself, any thoughts?

Anyone planning so or should I look for a different attorney.
You have atleast submitted
Fragomen our company lawyer has not even send any list of docs to start
Saying it will take 2 months
Dont know what to do
They seem to be very confident that dates of filing will be open for November

[longwaitgigu]

Thankyou guru

[qesehmk]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

- USCIS has added 485J that the company needs to fill out. But rest is upto you.

[maverick2010]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

[Kesid23]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

But, don’t you need the company to fill the Supplement J information and sign on it, especially if the I140 was filed a while back ?

Thank you!

[maverick2010]

You have atleast submitted
Fragomen our company lawyer has not even send any list of docs to start
Saying it will take 2 months
Dont know what to do
They seem to be very confident that dates of filing will be open for November

This is totally unfair. No one can give any type of guarantee on bulletin dates. It may or may not move. Lawyers should be more transparent on their workload and let employee find a independent attorney if they can file the application on time . What if they dates retrogress, are they going to compensate?

[qesehmk]

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

Yes indeed. That's a nasty requirement. But it is what it is. At least know that you can do most of everything completely on your own. And even do YOUR part in filling out 485 J.

[qesehmk]

Also I strongly suggest everybody to NOT abandon your first application when you port. Porting is basically filing an entirely new application. Don't abandon first application when you file a second one.

[bookworm]

Does anybody have insight into how long a 485j is valid? I sent one in this January and was wondering if there is a rule or practice similar to the medicals.

[bookworm]

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

One can always fill out the SuppJ and send it to HR with a request to sign. It is a fillable PDF so the HR rep can always change parts they feel like. Having a filled out form will most likely speed up the process Vs having HR rep spend couple of hours filling it out.

Also remember your HR reps are humans so a kind word and recommendation from someone you both know will help you.

[Lake789]

Thank you everyone. i was wondering the same. Eb2 I140 pending inventory by end of 2013 is 2.5 times that of EB3 I140 (based on June-July 2020 data). Now the only problem is how many EB2s downgrade to EB3 and raise the numbers. I sincerely hope they keep the filling dates open for a few more months amidst all this uncertainty so that an informed decision can be taken on the downgrade.
my company amends the I140. So once my I140 EB3 is approved, i would no longer have my original EB2 I140. So will have to unfortunately let go of EAD/AP by downgrading this month, but have to wait for the next bulletin to see how EB3 shapes up:(

[Lake789]

Do I485 for all family members need to be submitted together? My wife does not have a birth certificate. So can I submit I485/EAD/AP for myself and my son, and then submit I485 for my wife later?
She has her own I140 EB2, and we can file I485/EAD/AP only based on FD by downgrading to EB3. Our priority date is Jan 2014 EB2

[alpha0]

Thank you everyone. i was wondering the same. Eb2 I140 pending inventory by end of 2013 is 2.5 times that of EB3 I140 (based on June-July 2020 data). Now the only problem is how many EB2s downgrade to EB3 and raise the numbers. I sincerely hope they keep the filling dates open for a few more months amidst all this uncertainty so that an informed decision can be taken on the downgrade.
my company amends the I140. So once my I140 EB3 is approved, i would no longer have my original EB2 I140. So will have to unfortunately let go of EAD/AP by downgrading this month, but have to wait for the next bulletin to see how EB3 shapes up:(

What is this "amend" 140? I thought you just need to file another 140 in Eb3 using earlier PERM, your current Eb2 140 stays as is. And once yoour Eb3 140 is approved and if you feel the benefit, you can use that new 140 to interfile.

[rohanvus]

What is this "amend" 140? I thought you just need to file another 140 in Eb3 using earlier PERM, your current Eb2 140 stays as is. And once yoour Eb3 140 is approved and if you feel the benefit, you can use that new 140 to interfile.

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

[alpha0]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

No one knows the future, how many will file 485 in next month or two, what will be political situation next year etc..so "A Bird in the Hand is Worth Two in the Bush"...

[jimmys]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

Who knows when the Dec 2011 date will be current? It all depends how many I-485 applications turn up. If you ask me, I would never rely on future movements from USCIS. Yes, I have a decade of experience in NOT to predict future movements from USCIS. USCIS themselves don't know how dates will turn up a year from now.

If I were you, I will ask for a downgrade to EB-3 without jeopardizing EB-2. Get in the I-485 line when you can. Later if EB-2 advances past your PD, move to EB-2.

[iamdeb]

No one knows the future, how many will file 485 in next month or two, what will be political situation next year etc..so "A Bird in the Hand is Worth Two in the Bush"...

My PD is EB2 May 23, 2011...my company is willing to downgrade...i am wondering if i should wait for the Nov bulletin before deciding to move to EB3.....

[rohanvus]

If I were you, I will ask for a downgrade to EB-3 without jeopardizing EB-2. Get in the I-485 line when you can. Later if EB-2 advances past your PD, move to EB-2.

When you say w/o jeopardizing ,are you saying there are chances that EB-2 can get jeopardized due to downgrade ? I assumed EB2 remains unharmed with downgrade .
Can you clarify pls - Maybe i am missing something .

[h1bh1bh1b]

To lake789

I upgraded from eb3 to eb2 and when eb3 became current,My EB3 was still valid .
I think same procedure applies when you move from eb3 to eb2.

[iamdeb]

Had couple of questions regarding Birth Certificate for filing I-485

1. In my birth certificate, the registration is done 5 years after my birth. Is that Birth certificate applicable or do i need additional documents?
2. For my wife, her name is not there in her birth certificate. Does she need secondary documents for it?

[YTeleven]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

If not this FY next FY for sure your EB2 date will get current. If you have confidence on your H1B position you can wait for the next opportunity.

[raradhya]

You can obtain the Affidavit from the parents if Birth certificate is not available. addionally you can also obtain a non availability certificate. there is a standard format for both of them. as your attorney. even thou we have birth certificate some times the DD/MM is confusing and some times the Parents names are not fully expanded and do not match exactly like in our passport so an Affidavit is needed.

it only costs like Rs.200 in total and upto 1 day to get it, all you need is a scanned copy for now to submit along with I-485

[raradhya]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

Check this out there is premium processing available. https://www.murthy.com/2020/09/30/newsflash-major-changes-being-made-to-premium-processing-service/

[iamdeb]

appreciate the response.....we both have the birth certificate but they are incomplete.....in my wife's case , her name is missing from the birth certificate and in my case the registration is 5 years after birth...

[Sebiswaiting]

Posting this since this thread is for calculations and predictions. Initially I thought that there will be eb2 to eb3 downgrade in large numbers.
However my employer and my wife's employer, both are not allowing downgrade. Wife's employer is a large Indian MNC, and has thousands on h1b/l1 . With these two and few other examples, I feel that downgrade may not be in same magnitude as we expected.

Do you guys think in same line?

Also, if you have current priority dates on eb3 and eb2 both, request you to use eb3 .. :P :P

[gcconnect]

Is this Premium I140 processing allowed for EB2 to EB3 downgrade also?
I have seen earlier that its not allowed as the Original perm submitted at the first time EB2 I140 and is not available for the downgrade to EB3 now.

[Auser123]

Posting this since this thread is for calculations and predictions. Initially I thought that there will be eb2 to eb3 downgrade in large numbers.
However my employer and my wife's employer, both are not allowing downgrade. Wife's employer is a large Indian MNC, and has thousands on h1b/l1 . With these two and few other examples, I feel that downgrade may not be in same magnitude as we expected.

Do you guys think in same line?

Also, if you have current priority dates on eb3 and eb2 both, request you to use eb3 .. :P :P

Yep! I feel the same. Only 30% will be able to downgrade to eb3

[Auser123]

Is this Premium I140 processing allowed for EB2 to EB3 downgrade also?
I have seen earlier that its not allowed as the Original perm submitted at the first time EB2 I140 and is not available for the downgrade to EB3 now.

but you don't need PP, you can file 485 concurrently

[monsieur]

Posting this since this thread is for calculations and predictions. Initially I thought that there will be eb2 to eb3 downgrade in large numbers.
However my employer and my wife's employer, both are not allowing downgrade. Wife's employer is a large Indian MNC, and has thousands on h1b/l1 . With these two and few other examples, I feel that downgrade may not be in same magnitude as we expected.

Do you guys think in same line?

Also, if you have current priority dates on eb3 and eb2 both, request you to use eb3 .. :P :P


My ex-firm is downgrading everyone (50+) who is eligible to file for EAD. Firm previous to this one is lloking into downgrade atleast 1000s, they are lining up resources. Both of these are US based firms with really really good benefits and top of their field.

So yeah it depends, how sensitive a firm is to legal expenses. Some give priority to their employee(2 firms where i worked in past) or Indian MNC (WITCH??) who believes only in bottom line.

[Sebiswaiting]

That's true. And glad that some folks are getting benefited due to considerate employers.
My employer is an American finance company, and not h1b dependant.. may be 5% on visa. But even they/lawyers are not ready to downgrade.


My ex-firm is downgrading everyone (50+) who is eligible to file for EAD. Firm previous to this one is lloking into downgrade atleast 1000s, they are lining up resources. Both of these are US based firms with really really good benefits and top of their field.

So yeah it depends, how sensitive a firm is to legal expenses. Some give priority to their employee(2 firms where i worked in past) or Indian MNC (WITCH??) who believes only in bottom line.

[old_monk]

Most of the firms in west coast are allowing it.
Financial firms in east coast are generally not as supportive as tech firms regarding matters related to immigration. But my employer(a megabank) is allowing it. So, I assume other banks would also allow. I think there will be substantial number of downgrades. The picture will get more clear in next couple of months.

[maverick2010]

I couldn't find any information on USCIS website on current application fee for I-485 application post court stay order - Any updates? are you all planning to pay old application fee?

[gs1968]

appreciate the response.....we both have the birth certificate but they are incomplete.....in my wife's case , her name is missing from the birth certificate and in my case the registration is 5 years after birth...

I have mentioned this before but worth repeating. The Chennai municipal corporation has a digitized database of all registered births from 1935 onwards and you can download and print a pdf copy of the same free of cost. It is probably not in thr format that the USCIS is looking for and you may still need a notarized affidavit but this will take care of the NABC part. It us worth checking websites of other municipal corporations nationwide to see if this service is available

[idliman]

I have mentioned this before but worth repeating. The Chennai municipal corporation has a digitized database of all registered births from 1935 onwards and you can download and print a pdf copy of the same free of cost. It is probably not in thr format that the USCIS is looking for and you may still need a notarized affidavit but this will take care of the NABC part. It us worth checking websites of other municipal corporations nationwide to see if this service is available
Thanks for taking time to share this information. This is great for those people who are from metros.

[inspired_p]

My ex-firm is downgrading everyone (50+) who is eligible to file for EAD. Firm previous to this one is lloking into downgrade atleast 1000s, they are lining up resources. Both of these are US based firms with really really good benefits and top of their field.

So yeah it depends, how sensitive a firm is to legal expenses. Some give priority to their employee(2 firms where i worked in past) or Indian MNC (WITCH??) who believes only in bottom line.

I have PD of10/28/2010 and have asked my employer to file in EB3 category. I am still confused , does the number of EB3 applications beyond FAD affect the processing speed of the I-485s and hence movement of FAD ?
I mean because of thousands of EB3 downgrade applications will the FAD movement slow down ?
Here I am assuming noone with an EB2 petition before May 15 2011 will want to downgrade.

[jimmys]

Yep! I feel the same. Only 30% will be able to downgrade to eb3

There are lot of downgrades happening. I know a lot of people from a wireless major tech company and they are downgrading for everybody. I know many people/families downgrading to EB-3 with their PDs after May,2011. I yet to see someone who was denied downgrade by their employer.

I would put the downgrade % at minimum 50%. In the West Coast, tech companies understand the plights of immigrants. They will go ahead and do it. All the desi consultancies will do it. So, I don't see a problem with downgrades.

I won't be surprised to see the downgrade I-485s alone come to 70K or thereabouts.

[jimmys]

My ex-firm is downgrading everyone (50+) who is eligible to file for EAD. Firm previous to this one is lloking into downgrade atleast 1000s, they are lining up resources. Both of these are US based firms with really really good benefits and top of their field.

So yeah it depends, how sensitive a firm is to legal expenses. Some give priority to their employee(2 firms where i worked in past) or Indian MNC (WITCH??) who believes only in bottom line.

Ditto. Many people are doing it. Maybe some companies may not do it. Happy to see a lot of happy faces who are able to downgrade.

[jimmys]

I have PD of10/28/2010 and have asked my employer to file in EB3 category. I am still confused , does the number of EB3 applications beyond FAD affect the processing speed of the I-485s and hence movement of FAD ?
I mean because of thousands of EB3 downgrade applications will the FAD movement slow down ?
Here I am assuming noone with an EB2 petition before May 15 2011 will want to downgrade.

People do downgrade and it doesn't matter how far EB3 is ahead. On trackitt some people downgraded with just 2 months between EB-2 and EB-3. If the EB-2 FAD dates don't move in pace with EB-3 people will jump the ship. But before 2011 it may not be much.

Even in this forum whose PD is Jan 2011, was asking if he can file it in EB-3.

[gcconnect]

What are the chances of EB2 FAD reaching end of 2010 vs EB3 FAD. Is it better to go for EB3?

[maverick2010]

My attorney got e-signature and submitted the application. Just curious....

[Turbulent_Dragonfly]

My attorney got e-signature and submitted the application. Just curious....

My attorney specifically mentioned we all have to do wet signatures, so no e-signatures.

[EB2IndSep09]

Check this out there is premium processing available. https://www.murthy.com/2020/09/30/newsflash-major-changes-being-made-to-premium-processing-service/

These options are going to be available later and do not have the dates when they are going to be available.

[inspired_p]

What are the chances of EB2 FAD reaching end of 2010 vs EB3 FAD. Is it better to go for EB3?

That's the million $ question whose answer even I am trying to predict.

My own gut feeling is EB3 FAD will stay ahead of EB2 FAD and movement of FAD will also be rapid ( 4-6 months at a time) for EB3 instead of 2-3 months for EB2.

I am putting my chances on EB3. Only time will tell if that will give faster FAD and GC.

[bones20]

You have atleast submitted
Fragomen our company lawyer has not even send any list of docs to start
Saying it will take 2 months
Dont know what to do
They seem to be very confident that dates of filing will be open for November

same here :(

[Turbulent_Dragonfly]

same here :(

Are they trying to cash in on one last H1 renewal?

[longwaitgigu]

Are they trying to cash in on one last H1 renewal?
Lol we just put h1b renewal on 8/31
Dont know how much more blood and money they will extract

[bones20]

Are they trying to cash in on one last H1 renewal?

They have been DDoS'ed with the no of cases that became current.

[AlmostThere]

You can try Indian consulate:
https://www.cgisf.gov.in/page/birth-certificate-or-non-availability-of-birth-certificate/

[AlmostThere]

appreciate the response.....we both have the birth certificate but they are incomplete.....in my wife's case , her name is missing from the birth certificate and in my case the registration is 5 years after birth...

You can reach out to Indian consulate:
https://www.cgisf.gov.in/page/birth-certificate-or-non-availability-of-birth-certificate/

[AlmostThere]

That's the million $ question whose answer even I am trying to predict.

My own gut feeling is EB3 FAD will stay ahead of EB2 FAD and movement of FAD will also be rapid ( 4-6 months at a time) for EB3 instead of 2-3 months for EB2.

I am putting my chances on EB3. Only time will tell if that will give faster FAD and GC.


Well as per the data from below, since 11/2010, 16 times(out of 120) EB3's PD was "ahead" of EB2 PD, so historically speaking - good chance that EB 2 PD will be ahead of EB3 PD in future - of course on an average. [ For 4 months EB2 PD was U, so technically its just 12 times] i.e. 10% chance that EB3 PD can remain "ahead" of EB3 PD .

https://www.immihelp.com/visa-bulletin-tracker/#

Sorry focussing on PD rather than FAD, as that what really is critical in the long run. Thanks!

[shriny]

Looks like Stimulus Bill 2.0 deal possible by next week, if immigration changes are passed without many changes, there is a real possibility of dates going back immediately?

Here is the section from the bill



ROLLOVER OF UNUSED VISAS.—
(A) IN GENERAL.—For fiscal years 2021 and 2022, the worldwide level of family-spon12 sored immigrants under subsection (c) of sec13 tion 201 of the Immigration and Nationality Act (8 U.S.C. 1151), the worldwide level of em15 ployment-based immigrants under subsection (d) of such section, and the worldwide level of diversity immigrants under subsection (e) of such section shall each be increased by the number computed under subparagraph (B) with respect to each of such worldwide levels. (B) COMPUTATION OF INCREASE.—For
each of the worldwide levels described in sub23 paragraph (A), the number computed under this subparagraph is the difference (if any) be25 tween the worldwide level established for the



https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/SUPP_SEP_01_ALL_xml.2020.9.28.1753.pdf

[GCWait2011]

Just a suggestion - For our case also the birth certificate does not contain the full name and birth certificate was registered in 2011. My immigration lawyer informed me to get an Affidavit from both parents or relatives.

[jimmys]

Just a suggestion - For our case also the birth certificate does not contain the full name and birth certificate was registered in 2011. My immigration lawyer informed me to get an Affidavit from both parents or relatives.

My birth certificate only had my first name and initials. I got the birth certificate issued only in 2008. I filed I-485 without submitting any affidavits and didn't receive any RFE for BC. In fact my lawyer was against submitting any affidavit for the birth certificate.

[cool_dude]

Is it worth taking 20-25k pay cut to be able to downgrade eb3? My priority date is May 25 2011
My old employer is willing to downgrade but it’s consulting firm. Right now I work for fortune 100 and they won’t downgrade

[Pundit Arjun]

Is it worth taking 20-25k pay cut to be able to downgrade eb3? My priority date is May 25 2011
My old employer is willing to downgrade but it’s consulting firm. Right now I work for fortune 100 and they won’t downgrade

Cool dude -
Do analyze all the pros and cons and if you believe it makes sense for your family and you, go ahead. If I were in your shoes and I don’t have the situation of kids aging out, I will not switch.
What is the urgency to get GC sooner by downgrading ? Is the squeeze worth the juice ?

[cool_dude]

Both my kids are us citizen..my only gain wife getting ead..she is working on h4ead..I have H1 renewal coming up in July..But now that they are offering premium processing for h4 ead it’s almost moot point

[vsivarama]

Guys, anyone knows if all i20s are required for 485? I am the primary applicant and I have all my docs in order establishing legal status. My wife came to US for University A and transferred to University B after first semester. We have i20 and all supporting docs since the transfer but unable to locate the first i20. Does anyone know what supporting documents can be used (like Transcripts etc?)

[bones20]

Looks like Stimulus Bill 2.0 deal possible by next week, if immigration changes are passed without many changes, there is a real possibility of dates going back immediately?

Here is the section from the bill



https://appropriations.house.gov/sites/democrats.appropriations.house.gov/files/SUPP_SEP_01_ALL_xml.2020.9.28.1753.pdf

Is there a possibility they renege/reverse the October filing dates? (Has seen this happen for October 2015 bulletin but that happened on 09/25/2015 before it went effective).

[shriny]

Is there a possibility they renege/reverse the October filing dates? (Has seen this happen for October 2015 bulletin but that happened on 09/25/2015 before it went effective).


Not sure if anyone would know until the bill is passed and becomes a law, also how USCIS interprets the language.
But there is reason to be concerned and hence it is better for everyone to speed up their filing process

[iamdeb]

Hi Friends,

First of all congrats to everyone who are eligible to apply I-485 based on October 2020 Visa bulletin !!!

I have 3 year Bachelor degree followed by 3 years of PGDCA from India and filed my EB2-140 (under Masters +1 years experience) which got approved in 2011. I ported that again under EB2-140(under Masters +
3 years experience) with my current employer in 2016. Now based on the October 2020 Visa bulletin I'm eligible to file EB3-I140 and I-485 concurrently if I downgrade.

I want to know the recent trend how USCIS handling this type of downgrade ? USCIS raise the red flag and challenge the current EB2-PERM (because of my 3 year degree submitted in 2011 & 2016) and revoke it thereby ultimately revoking the EB2 approval and also deny my EB3-I140 downgrade ? which can put me in jeopardy of loosing my complete GC processing application and also cannot extend my H1B visa using I-140 going forward ??

Looking forward any help on this and any recent success/failures story will help me to decide.
Thanks!

[Positive]

Hi Friends,

First of all congrats to everyone who are eligible to apply I-485 based on October 2020 Visa bulletin !!!

I have 3 year Bachelor degree followed by 3 years of PGDCA from India and filed my EB2-140 (under Masters +1 years experience) which got approved in 2011. I ported that again under EB2-140(under Masters +
3 years experience) with my current employer in 2016. Now based on the October 2020 Visa bulletin I'm eligible to file EB3-I140 and I-485 concurrently if I downgrade.

I want to know the recent trend how USCIS handling this type of downgrade ? USCIS raise the red flag and challenge the current EB2-PERM (because of my 3 year degree submitted in 2011 & 2016) and revoke it thereby ultimately revoking the EB2 approval and also deny my EB3-I140 downgrade ? which can put me in jeopardy of loosing my complete GC processing application and also cannot extend my H1B visa using I-140 going forward ??

Looking forward any help on this and any recent success/failures story will help me to decide.
Thanks!

Your attorney will file a new I140 for EB3 and a concurrent I485 relying on the approved perm. This will not impact your previously approved eb2 I140 which will remain valid for H1B extensions or GC if the EB2 dates become current first under FAD.

[Positive]

What is this "amend" 140? I thought you just need to file another 140 in Eb3 using earlier PERM, your current Eb2 140 stays as is. And once yoour Eb3 140 is approved and if you feel the benefit, you can use that new 140 to interfile. There are two ways to downgrade from EB2 to eb3—amending the EB2 I140 or filing a new standalone EB3 i140. The latter is the safer option and preserves the previous I140.

[H1b2006]

PD:2011 FEB, changed my employer in July, Prewailing wage Determination submitted on 0909 for Eb3.

[H1b2006]

Guys what do you think FAD will be for EB3 by Aug/Sept 2021

[rohanvus]

If not this FY next FY for sure your EB2 date will get current. If you have confidence on your H1B position you can wait for the next opportunity.

Thanks YT . My employer is an american firm and not too many H1s here - jobwise am fine with this company (been here for more than a decade now).

HR says downgrade is not possible - when i insisted that i will bear full cost for downgrade (if cost was of concern)HR turned it down saying 140 is employer petition so I must not pay anything :(

Btw , am concerned about retrogression - is there any scientific reason (in terms of available visas) that caused this latest movement ?
If this movement is phony then it will fiddle out in 1 month and we will see retrogression back to 2009 levels as earlier - if this happens then no chance to file 485 for for another 6/7 years .

Been in this country since 2007 , so yep 13+ years in US on H1

Regards

[bones20]

Thanks YT . My employer is an american firm and not too many H1s here - jobwise am fine with this company (been here for more than a decade now).

HR says downgrade is not possible - when i insisted that i will bear full cost for downgrade (if cost was of concern)HR turned it down saying 140 is employer petition so I must not pay anything :(

Btw , am concerned about retrogression - is there any scientific reason (in terms of available visas) that caused this latest movement ?
If this movement is phony then it will fiddle out in 1 month and we will see retrogression back to 2009 levels as earlier - if this happens then no chance to file 485 for for another 6/7 years .

Been in this country since 2007 , so yep 13+ years in US on H1

Regards

The forward movement is due to spillover from unused family visa pool and that happened since immigration from outside has been suspended due to covid. As per the law, they have reallocated unused family visas (150k+) towards employment categories. The law makers are already trying to reverse this (part of Heroes act). Regardless of the fate of Heroes act, the chances of this reversal are real down the line through other bills/lawsuits. The mechanism and implications of this reversal is anyone's guess.

TL;DR: The window of opportunity to file this month is real and it will close as soon as November. Everything else is subject to change anytime.

[newyorker123]

Need some advice.
My PD is 2012 July in EB2 category.
My old employer is asking me to join them back - only then they will consider filing an I140 under EB3 category.
Though not very keen, I am willing to join them, if I can get GC in around a year.
Is there any chance of 2012 July EB3 candidates getting GC within a year or so ?

[vsivarama]

Need some advice.
My PD is 2012 July in EB2 category.
My old employer is asking me to join them back - only then they will consider filing an I140 under EB3 category.
Though not very keen, I am willing to join them, if I can get GC in around a year.
Is there any chance of 2012 July EB3 candidates getting GC within a year or so ?

The movement would very much depend on the number of downgrades to EB3 and other factors like CP opening up and usage in EB3-ROW. The chances look bleak for FAD to move till July 2012 in FY 2021. We are talking of a movement of close to 2 years and 7 Months. Chances would definitely be higher in FY 2022 if the ROW demand remains relatively low and we get some additional spillover for 2022.

[Sebiswaiting]

Oct 2020 Visa bulletin expects eb3 FAD to be around Jan2015 by Sept 2021. And EB2 be at May2011 by Sept 2021.
As they won't have any idea on how many downgrade may happen, the EB3 date should change. Since your PD is July 2012 which is around 2.5 years prior to Jan2015, and just 1 year after May 2011, so I feel there is a real good chance that you will be eligible for GC in EB3 before a year from now.
EB3 and EB2 FAD movement in next 3 months will make a lot of things clearer.


Need some advice.
My PD is 2012 July in EB2 category.
My old employer is asking me to join them back - only then they will consider filing an I140 under EB3 category.
Though not very keen, I am willing to join them, if I can get GC in around a year.
Is there any chance of 2012 July EB3 candidates getting GC within a year or so ?

[iamdeb]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

[Turbulent_Dragonfly]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

What did your attorney say?

[iamdeb]

What did your attorney say?

Havnt been able to talk to our company attorney yet...seems like he is busy with all the paperwork....hence checking here to see if anyone has any idea...

[nbk1976]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

You should not leave the country after filing the I-485 without having an approved AP. That was what I was told long ago by my lawyer. You don't have to use your AP to return, and can use a valid visa, but you will needlessly put your I-485 in jeopardy.

[iamdeb]

You should not leave the country after filing the I-485 without having an approved AP. That was what I was told long ago by my lawyer. You don't have to use your AP to return, and can use a valid visa, but you will needlessly put your I-485 in jeopardy.

Appreciate the response.....looks like AP is taking around 6 months to be approved these days...is there any way to expedite that....I don't want to leave country after filing AoS, however my mother-in-law's health is not good and I might have to travel to India within next few months due to it....hence wanting to know the options....

[Positive]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

Don't file for AP now and go get your visa stamped when you go. However, if visa stamping isn't possible (I think they are doing drop box ones but pls check) then you have no option but to wait. I think they are providing for premium process for EAD for $1500, not sure if that covers AP as well.

[nbk1976]

Appreciate the response.....looks like AP is taking around 6 months to be approved these days...is there any way to expedite that....I don't want to leave country after filing AoS, however my mother-in-law's health is not good and I might have to travel to India within next few months due to it....hence wanting to know the options....

Speak to your lawyer. If there is an urgent humanitarian reason, perhaps they will understand. There really isn't way to expedite it. File the I-485/I-765/I-131 asap. I had my EAD/AP renewed recently. It took about 2.5 months. Not every case takes 6 months.

[Chilli19]

There are two ways to downgrade from EB2 to eb3—amending the EB2 I140 or filing a new standalone EB3 i140. The latter is the safer option and preserves the previous I140.

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

[nbk1976]

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

Who informed you? I am not suggesting it is false, just curious. Did the company change the nature of their business? did your job duties stated on I-140 change? If they just changed the name of the company, then a letter from the company should suffice. If it is more than just a change in name, there may be other bigger things to revise.

[idliman]

Don't file for AP now and go get your visa stamped when you go. However, if visa stamping isn't possible (I think they are doing drop box ones but pls check) then you have no option but to wait. I think they are providing for premium process for EAD for $1500, not sure if that covers AP as well.
As you said you have a few months, please file for I485/I765/I131 ASAP. Then after 2+ months, you can expedite it using a Congressman / Senator. For humanitarian reasons USCIS might expedite it. They would want some sort of proof or documentation for expediting the EAD/AP.

I would not take a chance leaving without a valid AP. If you start now, you might get it on time. Good Luck.

[Turbulent_Dragonfly]

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

I went through the same with my PD in May 2010 and the attorney filed for an I-140 amendment in 2013 to address the name change.

[longwaitgigu]

Question about heroes act which we were talking about taking spillover back
Greg siskind has answered in one of his tweets

The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

[montyp80]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

I am in the same boat and per my discussion with my lawyer,

1. You can travel while AOS and EAD/AP pending. USCIS will reject your AP (I131) application if you're out of the country when I131 is being processed. Your EAD and AOS application remains unaffected. In this scenario you must have a valid H1b stamp to enter the country again.
2. You can file AOS and EAD application right now and apply for AP once you return to US (again you must have a valid H1b stamp to enter US)

In my case, I asked my laywer to file AOS/EAD/AP and I will take a chance with my AP application (in case I am out of the country when it is being processed). I have H1b extension approved till 2023 and I will be eligible for drop box for visa stamping until October 2021 so I am planning to re-enter us on H1B status.

Hope this helps.

[Chilli19]

Who informed you? I am not suggesting it is false, just curious. Did the company change the nature of their business? did your job duties stated on I-140 change? If they just changed the name of the company, then a letter from the company should suffice. If it is more than just a change in name, there may be other bigger things to revise.

Job duties remains same. company nature of their business remains same. But the issues was that the previous owner of the company was convicted in the visa fraud and had a sentence too. Now the company is suggesting to file an I-140 amendment along with 485 now, which they haven't said anything since 2012.

[bones20]

Just checking if anyone here is filing through Fragomen? have you received the AOS toolkit questionnaire yet?

[srimurthy]

Job duties remains same. company nature of their business remains same. But the issues was that the previous owner of the company was convicted in the visa fraud and had a sentence too. Now the company is suggesting to file an I-140 amendment along with 485 now, which they haven't said anything since 2012.

when did the employers tell anything ahead and before hand, never! Good Luck to you.

[longwaitgigu]

Just checking if anyone here is filing through Fragomen? have you received the AOS toolkit questionnaire yet?
No, we were told we will get by this friday, we will update then
We r filing with fragomen with my spouse
My company is using klasko and main lawyer said they r expecting filing dates open till December

[bones20]

No, we were told we will get by this friday, we will update then
We r filing with fragomen with my spouse
My company is using klasko and main lawyer said they r expecting filing dates open till December

thanks! We were told the same, then they said today but nothing yet.

[longwaitgigu]

Expect by this week may be Thursday or Friday
They r extremely slow

[bones20]

Expect by this week may be Thursday or Friday
They r extremely slow

Its going to be today - rep confirmed.

[Zenzone]

Question about heroes act which we were talking about taking spillover back
Greg siskind has answered in one of his tweets

The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

Ahh...I might have missed it. Did he opine on that saying the SO language for fiscal 2021 will likely be scrapped as the year has started?

[iamdeb]

I am in the same boat and per my discussion with my lawyer,

1. You can travel while AOS and EAD/AP pending. USCIS will reject your AP (I131) application if you're out of the country when I131 is being processed. Your EAD and AOS application remains unaffected. In this scenario you must have a valid H1b stamp to enter the country again.
2. You can file AOS and EAD application right now and apply for AP once you return to US (again you must have a valid H1b stamp to enter US)

In my case, I asked my laywer to file AOS/EAD/AP and I will take a chance with my AP application (in case I am out of the country when it is being processed). I have H1b extension approved till 2023 and I will be eligible for drop box for visa stamping until October 2021 so I am planning to re-enter us on H1B status.

Hope this helps.

Thanks a ton Monty! This really helps a lot as my scenario is very similar.

[longwaitgigu]

It's under his countdown day for election on todays Twitter page

[Zenzone]

It's under his countdown day for election on todays Twitter page

Got it! Seeing it.

[rohanvus]

Hi Experts,

Clarification required if you can weigh in

While filing 485 the employer address has to be the one that was mentioned in PERM (say location A)- right ?
If so , lets say one is working on H1 in another location (say B) different from PERM location - What are the risks in such cases ?

a) When ppl say PERM location is for future employment then can current H1 location be different from PERM location ?
b) Do we need to file H1 amendment to match PERM location before filing 485 ?

Please guide

[monsieur]

a) When ppl say PERM location is for future employment then can current H1 location be different from PERM location ?
b) Do we need to file H1 amendment to match PERM location before filing 485 ?

Please guide

H1 location amendment is needed if address changes to different metropolitan statistical area (MSA). Lets say you are in Bay Area which (mostly) comes in 1 single MSA, moving form Menlo Park to Sunnyvale will not trigger this. But if you move to Seattle or Portland then yes you have to update your address.

[inspired_p]

Well as per the data from below, since 11/2010, 16 times(out of 120) EB3's PD was "ahead" of EB2 PD, so historically speaking - good chance that EB 2 PD will be ahead of EB3 PD in future - of course on an average. [ For 4 months EB2 PD was U, so technically its just 12 times] i.e. 10% chance that EB3 PD can remain "ahead" of EB3 PD .

https://www.immihelp.com/visa-bulletin-tracker/#

Sorry focussing on PD rather than FAD, as that what really is critical in the long run. Thanks!

Thank you ! But given that there are almost 30K more visas to be had in every category ( EB1/EB2/EB3) this year, and with 15K applications already in waiting for EB2-I, EB3-I FAD should move ahead of EB2-I for this year at least.
there is very good chance of May 2011 PD becoming current( FAD) under EB3-I than EB2-I and hence chance of getting your I-485 processed in time before the dates retrogress (oct 2021) are higher under EB3-I. Am I missing something in this prediction? Why would EB3-I not forge ahead if there is relatively very low demand compared to EB2-I ( even considering Downgrade and or multiple EB filings)

[rohanvus]

H1 location amendment is needed if address changes to different metropolitan statistical area (MSA). Lets say you are in Bay Area which (mostly) comes in 1 single MSA, moving form Menlo Park to Sunnyvale will not trigger this. But if you move to Seattle or Portland then yes you have to update your address.

Thats right for H1 amendment where work location must match the H1/LCA location . However , the PERM for Green Card is tied to Head quarter office in another state (different from the current work location). In such case chances for I-485 denial is high because the employee is currently working in a different branch office (of same employer) ?

[cool_dude]

Finally my employer agreed to downgrade to EB3.. My priority date is May 25 2011.Any chance of getting GC in 12 months?

[texas_]

Hi Guys,
I am first timer for AOS filing.

When filing AOS do attorney must have to file 485 J along with I 485 ?

My attorney is only filing I 485 , I 944 and Biometrics
Is it okay if they file without I 485 J. They say they have prepared my I140 and my employer is same for past 14 years it's not needed right now

Is this true?

[android09]

Hi Guys,
I am first timer for AOS filing.

When filing AOS do attorney must have to file 485 J along with I 485 ?

My attorney is only filing I 485 , I 944 and Biometrics
Is it okay if they file without I 485 J. They say they have prepared my I140 and my employer is same for past 14 years it's not needed right now

Is this true?

My employer is also only filing I-485, I-765, I-131 and I-944. They will not be sending I-485J with the initial package since they're processing I-485 for over 40 individuals and their families. They mentioned that is not their Standard Operating Procedure to send I-485 J with the initial submission. They will send the I-485J when the RFE for it comes from USCIS. Are you filing I-140 and I-485 together? If that's the case, you dont need I-485 J.

[user017]

Just checking if anyone here is filing through Fragomen? have you received the AOS toolkit questionnaire yet?

Just received from them

[bones20]

Just received from them

Same here. They are asking all physical documents/forms from us - effectively, we are preparing the application packet. Hope my printer holds up.

[longwaitgigu]

Same here. They are asking all physical documents/forms from us - effectively, we are preparing the application packet. Hope my printer holds up.

We have still not got
Probably by Friday
Just getting tensed up
Everyone is preparing and we are left behind

[longwaitgigu]

So r u filing for AP and ead
What is ur priority date
When we receive our docs from lawyer, we r planning to skip ap and ead
As they can be filed later
Just doing i485, medicals and i944
We r eb2 oct 2010

[bones20]

So r u filing for AP and ead
What is ur priority date
When we receive our docs from lawyer, we r planning to skip ap and ead
As they can be filed later
Just doing i485, medicals and i944
We r eb2 oct 2010

Why medicals now?

[bones20]

We have still not got
Probably by Friday
Just getting tensed up
Everyone is preparing and we are left behind

Well, I can imagine they are overwhelmed being a big firm with mega clients. I know folks who have hired private attorneys and not using the company lawyers.

[longwaitgigu]

Why medicals now?

I got two lawyers saying same thing
Klasko which is my company lawyer and fragomen my spouse company
With PD of my spouse being in oct
It's better to complete the application then later having rfe and delay process
Not apply ap and ead that's what advice I got from this forum

[longwaitgigu]

No private attorney
That's not option with hr as they r not comfortable working with outside attorney
It's one if giant corporations so I can expect that reply

[texas_]

My employer is also only filing I-485, I-765, I-131 and I-944. They will not be sending I-485J with the initial package since they're processing I-485 for over 40 individuals and their families. They mentioned that is not their Standard Operating Procedure to send I-485 J with the initial submission. They will send the I-485J when the RFE for it comes from USCIS. Are you filing I-140 and I-485 together? If that's the case, you dont need I-485 J.

No i140 is approved already

[bones20]

I got two lawyers saying same thing
Klasko which is my company lawyer and fragomen my spouse company
With PD of my spouse being in oct
It's better to complete the application then later having rfe and delay process
Not apply ap and ead that's what advice I got from this forum

My PD is April 2010 and Fragomen has advised me otherwise (to wait for an rfe and do medicals i693 later)

[JoinedToAsk]

Question about heroes act which we were talking about taking spillover back
Greg siskind has answered in one of his tweets

The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

Can you please share his tweet?

[Turbulent_Dragonfly]

Can you please share his tweet?

https://twitter.com/gsiskind/status/1313127722755948544

[idliman]

https://twitter.com/gsiskind/status/1313127722755948544
Could someone please share the text for those of us sitting behind a firewall where access to everything is banned? Thanks.

[drop2ocean]

My PD is June 15 2010, EB3I. what are the pros and cons of doing medicals now ?

[Turbulent_Dragonfly]

Could someone please share the text for those of us sitting behind a firewall where access to everything is banned? Thanks.

(((Greg Siskind)))
@gsiskind
·
Oct 5
The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

[idliman]

(((Greg Siskind)))
@gsiskind
·
Oct 5
The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).
Thank You.
Mnuchin and Pelosi spke yesterday for an hour and they plan to talk today also. I don't think Rep. Grace Meng's SO killer amendment will be included. My guess is only the bare minimum accepted by both sides will be in the bill. So we can calm down about the SO killer language.

[srimurthy]

My PD is June 15 2010, EB3I. what are the pros and cons of doing medicals now ?
It is a no brainer to me. I am doing medical with Sep'2010 in EB2. EB3 Final Action dates are in Jan 2010, so they will definitely move and the medicals are valid for two years.
So not sure why you are even thinking.

[qesehmk]

Thank You.
Mnuchin and Pelosi spke yesterday for an hour and they plan to talk today also. I don't think Rep. Grace Meng's SO killer amendment will be included. My guess is only the bare minimum accepted by both sides will be in the bill. So we can calm down about the SO killer language.
I had said this same thing a few weeks back that come Oct 1st, spillover will become real and congress will not harm EB nor override something that took place according to another law that it passed years back. Not impossible but quite improbable.

However what concerns me is that - in this whole discussion, we can see at least some FB interests are trying to push for their own interests. But from EB side, the only thing that may protect its interest is congress' own tendency to not do harm. This is walking on very thin ice for EB.

[idliman]

This forum is unusually quite on predictions now a days. Congratulations to all who had the ability to file based on "DF". Here's are my predictions.
I don't see "DF" moving anymore (unless the FA dates move drastically).

From the Oct 2020 VB:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:
India: Rapid forward movement

Employment Second:
India: Rapid forward movement

Employment Third:
India: Rapid forward movement

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables.
I think, it will be two months per bulletin for EB2I FA dates (Nov, Dec, Jan). By January 2021, EB2I FA should have advanced 6 months from Sept 1st 2009 to March 01, 2010. For EB3I, it should be at least 3 months per bulletin. By January 2021, EB3I FA should be around 15 October 2010. What will be interesting is that they will not see immediate demand in EB3I after 01APR2010 (The FA was current only this month for the first time). So do they start doing crazy movements in EB3I FA after it crosses 01APR2010? I have not seen check in report with CO for last month. Is he keeping a low profile till the elections ?

[mcmilers]

Finally we are getting back to predictions in the predictions and calculations thread. I agree with your prediction on FA dates for EB2. Have we started seeing RFEs for EB2 folks whose FA date is current in this Oct?

[bones20]

It is a no brainer to me. I am doing medical with Sep'2010 in EB2. EB3 Final Action dates are in Jan 2010, so they will definitely move and the medicals are valid for two years.
So not sure why you are even thinking.

what if (and it is near certain to happen), that they revoke the spill over? In my opinion (though I am quite novice), unless your PD is less than 6 months from current FAD, you are better off not doing medical.

[srimurthy]

This forum is unusually quite on predictions now a days. Congratulations to all who had the ability to file based on "DF". Here's are my predictions.
I don't see "DF" moving anymore (unless the FA dates move drastically).

From the Oct 2020 VB:

I think, it will be two months per bulletin for EB2I FA dates (Nov, Dec, Jan). By January 2021, EB2I FA should have advanced 6 months from Sept 1st 2009 to March 01, 2010. For EB3I, it should be at least 3 months per bulletin. By January 2021, EB3I FA should be around 15 October 2010. What will be interesting is that they will not see immediate demand in EB3I after 01APR2010 (The FA was current only this month for the first time). So do they start doing crazy movements in EB3I FA after it crosses 01APR2010? I have not seen check in report with CO for last month. Is he keeping a low profile till the elections ?

EB2I I agree the rate of movement. But why do we think we will not see an immediate demand post APR2010 for EBI. We have these three months when PDs upto Jan/2015 can file for 485s assuming the filing dates remain the same till that period and that will show up in the demand. My guess would be come Jan the filing dates for EB3 will be rolled back with many porting numbers, and may be around 2012 or just they may stop honoring the filing dates and just take Final Action dates as eligible for Filing.

[srimurthy]

what if (and it is near certain to happen), that they revoke the spill over? In my opinion (though I am quite novice), unless your PD is less than 6 months from current FAD, you are better off not doing medical.
Everything is a speculation. Ask people who files in 2012 and have done multiple medicals. We just reach out to our wallets if the medicals need to be redone. We shelled out so much, a few more hundreds is hardly worth the worry. What if the dates move and then will you wait for a RFE or do the paper work again? If we expect the EBI dates to not clear by 2021 then all this movement to Jan/2015 is to just ensure that we do multiple EADs, APs and Medicals and get the funding rolling.

[alpha0]

I had said this same thing a few weeks back that come Oct 1st, spillover will become real and congress will not harm EB nor override something that took place according to another law that it passed years back. Not impossible but quite improbable.

However what concerns me is that - in this whole discussion, we can see at least some FB interests are trying to push for their own interests. But from EB side, the only thing that may protect its interest is congress' own tendency to not do harm. This is walking on very thin ice for EB.

Was this FB interests or lawyers who generally do not make any money from FB cases and make their living from EB? But i agree, at this stage, there should be someone from EB side killing that discussion atleast for this year.

[suninphx]

This forum is unusually quite on predictions now a days. Congratulations to all who had the ability to file based on "DF". Here's are my predictions.
I don't see "DF" moving anymore (unless the FA dates move drastically).

From the Oct 2020 VB:

I think, it will be two months per bulletin for EB2I FA dates (Nov, Dec, Jan). By January 2021, EB2I FA should have advanced 6 months from Sept 1st 2009 to March 01, 2010. For EB3I, it should be at least 3 months per bulletin. By January 2021, EB3I FA should be around 15 October 2010. What will be interesting is that they will not see immediate demand in EB3I after 01APR2010 (The FA was current only this month for the first time). So do they start doing crazy movements in EB3I FA after it crosses 01APR2010? I have not seen check in report with CO for last month. Is he keeping a low profile till the elections ?

Is anyone else concerned about not seeing any approvals (on trackitt) even if new quota is in play now?

[qesehmk]

Was this FB interests or lawyers who generally do not make any money from FB cases and make their living from EB? But i agree, at this stage, there should be someone from EB side killing that discussion atleast for this year.
In this case it was a congressional representative from Taiwan (I think). Nothing wrong in what she did. See that's who democracy is supposed to work. EB needs a solid representation. Luckily I do think they will get by this time around and the 260K visas won't be harmed.

[idliman]

EB2I I agree the rate of movement. But why do we think we will not see an immediate demand post APR2010 for EBI. We have these three months when PDs upto Jan/2015 can file for 485s assuming the filing dates remain the same till that period and that will show up in the demand. My guess would be come Jan the filing dates for EB3 will be rolled back with many porting numbers, and may be around 2012 or just they may stop honoring the filing dates and just take Final Action dates as eligible for Filing.
I think it takes at a minimum about 6 to 8 months for a EB application to reach adjudication. The work load is going to be crazy high for USCIS. New applicants have to do finger printing and such. Even in 2012, I think it took 2 to 3 months to get EADs. My understanding is that they have more officers capable of adjudicating I765/I131 as they are relatively simple. But when it comes to I485 only a select few or a select group can adjudicate as it is more involved. So that's why I was thinking that they will not see demand from people who filed in OCT2020 at-least till summer months of 2021.

Now if JB wins, then he is going to cancel all of Trump's EOs. Don't know how long it will take to roll back rules on interview and medical requirements. They can resort to block approving all per-adjudicated people like in 2012/2103. That's the only way they will be able to utilize and issue the full 261.5K GCs.

If Trump wins, then all the EOs will be extended. There is going to be great spillover again. But my only concern is how much GCs will be approved. It will be great for people waiting for EADs though.

[bones20]

Everything is a speculation. Ask people who files in 2012 and have done multiple medicals. We just reach out to our wallets if the medicals need to be redone. We shelled out so much, a few more hundreds is hardly worth the worry. What if the dates move and then will you wait for a RFE or do the paper work again? If we expect the EBI dates to not clear by 2021 then all this movement to Jan/2015 is to just ensure that we do multiple EADs, APs and Medicals and get the funding rolling.

Well, you can either make the decision optimistically or based on chances. Chances of this being revoked are close to 100%.

18 years in US and can vouch not one single rule/law has ever been in our favor. Our plight works to pretty much everyone else's advantage - companies, lawyers, citizens, other immigration seekers, job seekers etc. Glorified/well paid slavory it is.

[vsivarama]

Well, you can either make the decision optimistically or based on chances. Chances of this being revoked are close to 100%.

18 years in US and can vouch not one single rule/law has ever been in our favor. Our plight works to pretty much everyone else's advantage - companies, lawyers, citizens, other immigration seekers, job seekers etc. Glorified/well paid slavory it is.

If you are making decisions based on emotions then yes you are right. But realistically chances of this happening are pretty slim. Allocated numbers were never revoked in the past. Regardless of who wins the Senate the chances are slim. If Rs win then they will not allow the FB provision to be put in. If D's win, It's easier for them to recapture unused GC numbers for FB than take away numbers from EB and potentially face court battles. There has never been a precedent and it violates the do no harm clause. The lawmakers since they have no dog in the fight will make a rational decision and not an emotional one like us.

[bones20]

If you are making decisions based on emotions then yes you are right. But realistically chances of this happening are pretty slim. Allocated numbers were never revoked in the past. Regardless of who wins the Senate the chances are slim. If Rs win then they will not allow the FB provision to be put in. If D's win, It's easier for them to recapture unused GC numbers for FB than take away numbers from EB and potentially face court battles. There has never been a precedent and it violates the do no harm clause. The lawmakers since they have no dog in the fight will make a rational decision and not an emotional one like us.

Well, dont mean to digress this thread. Sorry, I feel that you are being emotional.

Republicans will drop us without a blink as a tradeoff in stimulus negotiations. Sorry, there are no batters for us. May happen in the next week itself. Good luck!

[vsivarama]

Rs are not interested whatsoever in stimulus relief. They are only interested in confirming the SC pick before election.

[android09]

Rs are not interested whatsoever in stimulus relief. They are only interested in confirming the SC pick before election.

Looks like DHS and DOL are issuing 2 regulations today for specialty occupation and wage levels.

https://www.dhs.gov/news/2020/10/06/department-homeland-security-and-department-labor-rule-restores-integrity-h-1b-visa

[rabp77]

EB2I I agree the rate of movement. But why do we think we will not see an immediate demand post APR2010 for EBI. We have these three months when PDs upto Jan/2015 can file for 485s assuming the filing dates remain the same till that period and that will show up in the demand. My guess would be come Jan the filing dates for EB3 will be rolled back with many porting numbers, and may be around 2012 or just they may stop honoring the filing dates and just take Final Action dates as eligible for Filing.

Beyond april-2010, there is certainly demand for eb3i. However, we can say with certainty that there is no pre-adjucated demand. All eb3-i demand after April 2010 will be from new applications. By the time these applications are adjudicated, it will at least be 6-12 months, so it's impact on helping use the spillover will be limited. Unless they skip the interview for many of these.

In case, they decide to advance the FAD for eb3i any way. It's likely many who go for interview in the final months of the fy will get gc approved during the interview, or if the interview is waived, approval can be faster. But those are big ifs.

I hope they don't end spillover. As q and others said, it unlikely.

[idliman]

I had said this same thing a few weeks back that come Oct 1st, spillover will become real and congress will not harm EB nor override something that took place according to another law that it passed years back. Not impossible but quite improbable.

However what concerns me is that - in this whole discussion, we can see at least some FB interests are trying to push for their own interests. But from EB side, the only thing that may protect its interest is congress' own tendency to not do harm. This is walking on very thin ice for EB.
Thanks Q.

Trump tweeted: “I have instructed my representatives to stop negotiating until after the election when, immediately after I win, we will pass a major Stimulus Bill that focuses on hardworking Americans and Small Business.”
No stimulus / SO Killer amendment for at least one more month. Once they win, they don't need to go to people for another 2 more years. So they will take their own time to craft a stimulus along with a new "YUGE" Omnibus.

[jimmys]

Now if JB wins, then he is going to cancel all of Trump's EOs. Don't know how long it will take to roll back rules on interview and medical requirements. They can resort to block approving all per-adjudicated people like in 2012/2103. That's the only way they will be able to utilize and issue the full 261.5K GCs.




Mm... I don't think mandatory interviews are made through an EO. It was there but USCIS didn't enforce it to all the applicants. Besides, I doubt Biden will ask USCIS to get rid of interview mandate for AOS applicants. Most likely status quo and USCIS will hold the right to waive off the interview like they are doing now.

[Turbulent_Dragonfly]

Thanks Q.

No stimulus / SO Killer amendment for at least one more month. Once they win, they don't need to go to people for another 2 more years. So they will take their own time to craft a stimulus along with a new "YUGE" Omnibus.

All their focus will be on ramroding the SCOTUS pick in. They will then be able to control the national agenda for at least another decade or so and will begin by striking down Roe/Wade, DoMA, ACA, Voting Rights etc.

Someone here scoffed when I said RBG passing is going to diminish our civil liberties. Just watch what happens over the next 10-15 years...

Btw, I blame RBG for not retiring during the Obama Presidency and making way for an appointment to keep the balance. This is going to cost the country dearly.

[bones20]

Was stuck on the below 2 i944 items:
1. Health Insurance: Aetna is providing a letter but it will not have annual deductible/premium info or an end date.
2. Credit score: Do you just take a print out from transunion dashboard?

any suggestions on the above?

[android09]

Was stuck on the below 2 i944 items:
1. Health Insurance: Aetna is providing a letter but it will not have annual deductible/premium info or an end date.
2. Credit score: Do you just take a print out from transunion dashboard?

any suggestions on the above?

1. I got a letter from Blue Cross Blue Shield that showed who was covered and then printouts from the BCBS profile site regarding when the coverage ended(the plan details) and their costing.
2. I got credit report from Experian. This was $39.99 and gives you credit score and report from all 3 credit agencies. I got that. You can do that or use the free credit report that the instructions point to.

[bones20]

1. I got a letter from Blue Cross Blue Shield that showed who was covered and then printouts from the BCBS profile site regarding when the coverage ended(the plan details) and their costing.
2. I got credit report from Experian. This was $39.99 and gives you credit score and report from all 3 credit agencies. I got that. You can do that or use the free credit report that the instructions point to.

thanks. Why would your coverage end? Employer plans are perpetual, no? How do you answer this question:"when does your health insurance terminate or date that it must be renewed"

[Turbulent_Dragonfly]

thanks. Why would your coverage end? Employer plans are perpetual, no? How do you answer this question:"when does your health insurance terminate or date that it must be renewed"

Coverage usually runs through 12/31 every year so in my case my end date was 12/31/2020. It is usually renewed before then after reviewing any changes the employee wants made.

[reys03]

Hi! What is the documentation to how for Annual premium? Do we need a letter from the company?
Thanks!

[Turbulent_Dragonfly]

Hi! What is the documentation to how for Annual premium? Do we need a letter from the company?
Thanks!

You should be able to print that by logging into the Insurance providers' portal.

[android09]

Coverage usually runs through 12/31 every year so in my case my end date was 12/31/2020. It is usually renewed before then after reviewing any changes the employee wants made.

Same here. Open enrollment starts around November and then coverage begins 1/1/2021. I can only give what i have. I've submitted last year's Form 1095-C and the BCBS entry shows coverage active since 2014. So hopefully that's evidence enough I guess.

[nbk1976]

In this case it was a congressional representative from Taiwan (I think). Nothing wrong in what she did. See that's who democracy is supposed to work. EB needs a solid representation. Luckily I do think they will get by this time around and the 260K visas won't be harmed.

Could you briefly explain what the negative impact for spillover would be if the Heroes Act passes? I realize the passing of this Act is very unlikely now, but would it have voided any spillover? Was that the fear?

Thank you.

[Turbulent_Dragonfly]

Could you briefly explain what the negative impact for spillover would be if the Heroes Act passes? I realize the passing of this Act is very unlikely now, but would it have voided any spillover? Was that the fear?

Thank you.

Yes, preserved it for FB.

[Turbulent_Dragonfly]

https://twitter.com/gsiskind/status/1313601837375934464

Siskind tweeting on new H1 rules.

[bones20]

QQ: Do we need to enter alien registration number in i485 form?

[qesehmk]

Could you briefly explain what the negative impact for spillover would be if the Heroes Act passes? I realize the passing of this Act is very unlikely now, but would it have voided any spillover? Was that the fear?

Thank you.
There was a fear that the act would take away the 120K spillover visas,after the fact (since 2021 already has started.). With Trump shutting down talks, now there is nothing on the table. But my own take was that congress would have passed the act without the provision to capture 2020 spillover.

[Turbulent_Dragonfly]

Also attorney Elissa Taub is reporting she got back an I-485 which was filed without a I-944. So just watch out during the I-485 filings and discuss carefully with your attorneys.

[Turbulent_Dragonfly]

I guess Karma is still alive and well...

[iamdeb]

Hi,

The place of birth listed on my wife's passport differs from the one listed on her birth certificate.

For I-485 purposes, is the birth certificate the more important document? Should we go by the city of birth on her Birth Certificate or on her passport?

Any feedback/info is deeply appreciated!

Thanks!

[bones20]

Hi,

The place of birth listed on my wife's passport differs from the one listed on her birth certificate.

For I-485 purposes, is the birth certificate the more important document? Should we go by the city of birth on her Birth Certificate or on her passport?

Any feedback/info is deeply appreciated!

Thanks!

Yes, every detail in BC is very critical.

[iamdeb]

Yes, every detail in BC is very critical.

so should we go by the city of birth in her Birth Certificate?

[cool_dude]

How does concurrent processing work?
I will be filling downgrade I140,I485,I132 and I765..
Does 140 and 485 get processed at them same time?
My priority date is may 25 2011... wondering how long i would need to wait to get GC..

[Turbulent_Dragonfly]

so should we go by the city of birth in her Birth Certificate?

Check with your attorney, but I believe it should be the one on your birth certificate. I have had a couple of friends who had Indian passports but were actually born in Iran and Sri Lanka respectively. They were able to use ROW and obviously are already citizens for several years 🙂

[Turbulent_Dragonfly]

How does concurrent processing work?
I will be filling downgrade I140,I485,I132 and I765..
Does 140 and 485 get processed at them same time?
My priority date is may 25 2011... wondering how long i would need to wait to get GC..

http://immigrationgirl.com/can-i-downgrade-my-eb-2-to-eb-3/

[Turbulent_Dragonfly]

I think one important thing to note while downgrading is that you should maintain the underlying nonimmigrant status (H1) because if you start using the EAD from the EB3 downgrade filing, you will go out of status if that gets denied.

[bones20]

My spouse is a derivative applicant. How do we answer the below:
1. Are you the primary caregiver, who is over the age of 18, for a child, or an elderly, ill or disabled individual in your household? She was working till March 2020 before she lost her job due to covid. She is now at home full time till covid persists.
2. Proficiency with english skills: Since she does not have an i140, we need to illustrate her english skills. Her entire education has been in English. however, the forms is asking for specific english certification/courses

[rohanvus]

I think one important thing to note while downgrading is that you should maintain the underlying nonimmigrant status (H1) because if you start using the EAD from the EB3 downgrade filing, you will go out of status if that gets denied. Why should this be applicable for downgrade only ? Isn't this true regardless of downgrade/upgrade ? ..What am i missing here ?

[Sebiswaiting]

Hello Gurus , admins , readers ..
Could we start a new thread for queries on 485 documentation/ GC processes etc?
I can start too, but need to wait till my PD becomes current :D

This prediction thread is amazing place with lots of analysis (right or wrong), awesome data and words on keeping hopes up. I am hoping we can keep this thread like that.

Is there a way to move post from this thread to another?

[Turbulent_Dragonfly]

Why should this be applicable for downgrade only ? Isn't this true regardless of downgrade/upgrade ? ..What am i missing here ?

Sorry I didn’t mean to indicate this is only for the downgrade. But since so many are downgrading, it would be worthwhile to remember that.

[Turbulent_Dragonfly]

My spouse is a derivative applicant. How do we answer the below:
1. Are you the primary caregiver, who is over the age of 18, for a child, or an elderly, ill or disabled individual in your household? She was working till March 2020 before she lost her job due to covid. She is now at home full time till covid persists.
2. Proficiency with english skills: Since she does not have an i140, we need to illustrate her english skills. Her entire education has been in English. however, the forms is asking for specific english certification/courses
I am NOT endorsing this site but I had looked it up while filling the form.

https://citizenpath.com/faq/primary-caregiver-i-944/

You don’t have to provide English certification unless you already have it due to other reasons.

Best to check with your attorney.

[skpanda]

Friends... sorry to post in this Thread. I will request this to be moved.

My PD is EB2 Dec 2010.

My PERM was file by Company X. Company X is a subsidiary of Company A. Company A was acquired by Company B and retained the name 'B' for the entire company. Now Company X is a subsiadiary of Company B.

In other words, my employer is still same except that the Parent company has changed name due to acquisition.

My company's attorney says I need to file Amended I140 along with I1485.

Questions:

1. Do I really need to file Amended I140 to change the parent company.
2. If we need to file I140, is it recommended that we I file in EB3 instead of EB2?
3. My wife's passport has expired and it is in renewal limbo with Passport office in Atlanta initiating police verification in India Police station. Can we apply I485 with expired passport?

[Moveon]

so should we go by the city of birth in her Birth Certificate?
Please Talk to your Lawyer along with the paralegal . There was a thread years ago where a person's DOB mismatched and he had to fix his passport . Maybe there is an easier way out if the city mismatched . City names change too in India , so maybe its not a big deal .
Please update the thread on what your lawyer recommends so that others benefit.

[JoinedToAsk]

Does anyone know (or have a guess) on what "rapid forward movement" and "steady forward movement" mean in visa bulletin? I am thinking that if they have used such phrases in the past, we can get some sense of what the movement will look like in Nov.

I'd appreciate if someone can add what their lawyers are saying. I'm asking this so that I can decide whether to downgrade from EB2 to EB3. My PD date is Dec 2010. Thanks for any help.

Also, I saw some people on forums claim that in Oct 2020, no spillover was applied. Essentially, FY21 quota was used to advance the dates. Spillover will be applied from Nov 2020. I am not sure how true this is.

Any thoughts?

[h1bh1bh1b]

To iamdeb

I had similar issue , my birth certificate has only first name with initials.

Along with it I provided a India notary signed declaration from parents.

I think you can get one similar stating so and so village is in this city and X km from this city

Check with lawyer

[srimurthy]

To iamdeb

I had similar issue , my birth certificate has only first name with initials.

Along with it I provided a India notary signed declaration from parents.

I think you can get one similar stating so and so village is in this city and X km from this city

Check with lawyer

I guess if the vicinity or within range cities or villages may be fine with Affidavits. But the Birth Cert is stating one city or town and passport is stating another city or town, you may have to get the Passport corrected. Like Vizag, Vishakapatnam or Waltair (old name) are the same cities and may be affidavits would do same for Chennai or Madras. But the BC is stating as Chennai and Passport as Vizag, I guess that is a complete mismatch and we have to get the Passport corrected.
And not sure if that is a easy process.

Rest where the name mis-matches, full names, short names in BC can be supported by affidavits. Rest an opinion of Lawyer is always the best.

Having said that do we know if for the general new states formation, do we need to submit any affidavits or it is fine that the towns or cities are in the new states now.
Like Dehradun in UP earlier is now in Uttarakhand and Hyderabad in AP earlier is in Telangana now.

[Dallas111]

Hi
My priority date in Oct, 2009 in EB2. I got EAD in 2012 and have renewed RAD since then. My 485J was approved 2 years back and I haven't changed employer since then. My medicals have expired.
Once I called USCIS and they mentioned that I am pre adjudicated. I have following questions to experts:

1. My medicals have expired. Should I get medicals done in anticipation of my PD to be current or should I wait for medical RFE. Do I need to go to Doctor for medicals with RFE notice.
2. I read about I-944 in the forums. Will it be applicable for me.

[idliman]

Hi
My priority date in Oct, 2009 in EB2. I got EAD in 2012 and have renewed RAD since then. My 485J was approved 2 years back and I haven't changed employer since then. My medicals have expired.
Once I called USCIS and they mentioned that I am pre adjudicated. I have following questions to experts:

1. My medicals have expired. Should I get medicals done in anticipation of my PD to be current or should I wait for medical RFE. Do I need to go to Doctor for medicals with RFE notice.
2. I read about I-944 in the forums. Will it be applicable for me.

1. You are in the similar situation as myself. Your FA PD will become current in November or Dec bulletins. However, as you know medicals have a time clock to it. USCIS should receive it within x days from the signature by the physician. I would not do doctor's signature now. As you had done medicals recently, please collect the supporting material (my doctors office gave me a copy of everything) and call the doctors office to inquire about fees and timeline for doing it again. You will have to do the blood-work and flu vaccines. They should be able to do it fast for you. So no worries. I would go to the same doctor who did it last time, so that it is easier on you.

2. It is applicable only for new I-485. Send only what is asked in RFE nothing more nothing less. Most likely it will only be medicals.

Update: Oct2009 for EB2I / EB3I is current. Wait for 3 weeks and open a SR with USCIS. This will speedup the RFE process. There is no need to rush things. Just make sure that you can submit medicals as soon as you get RFE notice in hand.

[vsivarama]

Guys, I had a question about the timelines. I see on USCIS website that time to process i140 is 5-7 months and for i485 is 8-23 months for employment based. It leads me to wonder that for EB3 specifically, most of the numbers could end up wasted by end of the year. Even if the admin wanted to use all the available numbers, I don't get it how the wastage could be avoided based on the processing times. Am I missing something here? Any experts can explain this?

[vedu]

Guys, I had a question about the timelines. I see on USCIS website that time to process i140 is 5-7 months and for i485 is 8-23 months for employment based. It leads me to wonder that for EB3 specifically, most of the numbers could end up wasted by end of the year. Even if the admin wanted to use all the available numbers, I don't get it how the wastage could be avoided based on the processing times. Am I missing something here? Any experts can explain this?

Unfortunately we can't control how fast the USCIS will process our applications. Only thing we can do is to make sure that there are no delays on our side in submitting the application and responding to RFE. In an Utopian world, everybody should submit their applications on the first day they are eligible, and respond to RFE immediately the next day after they receive it. But in real world, think of how much time is going to be wasted by people, their lawyers, etc. in submitting their applications. That wasting of time is on us.

10 years ago, if I would have pushed my employer to start my GC processing a little earlier, I wouldn't have been waiting here for 10 years. Same punishment will be given to other people who will sit on their ass, can't convince their employers/lawyers, and miss this golden opportunity. The countdown has already started, and come September 30th, 2021, all visas will be gone.

[vsivarama]

Unfortunately we can't control how fast the USCIS will process our applications. Only thing we can do is to make sure that there are no delays on our side in submitting the application and responding to RFE. In an Utopian world, everybody should submit their applications on the first day they are eligible, and respond to RFE immediately the next day after they receive it. But in real world, think of how much time is going to be wasted by people, their lawyers, etc. in submitting their applications. That wasting of time is on us.

10 years ago, if I would have pushed my employer to start my GC processing a little earlier, I wouldn't have been waiting here for 10 years. Same punishment will be given to other people who will sit on their ass, can't convince their employers/lawyers, and miss this golden opportunity. The countdown has already started, and come September 30th, 2021, all visas will be gone.

I get that, and I have made the similar mistake of not taking GC processing that seriously in 2009. But even if you consider the utopian case, I do not see how USCIS can use up all the numbers based on the processing times. I guess my thought process is that shouldn't USCIS be accepting applications on filing dates for two years from now to build inventory rather than the immediate fiscal year. Shouldn't they have started accepting for FY 2021 the start of FY 2020?

[monsieur]

.....

I guess my thought process is that shouldn't USCIS be accepting applications on filing dates for two years from now to build inventory rather than the immediate fiscal year. Shouldn't they have started accepting for FY 2021 the start of FY 2020?

In Sep-2019 there was no cases of covid, Economy was booming, Prez Trump was still to be impeached, Consulate was issuing FB GC day in day out. So no, there was no data model for USCIS which would have indicated 120k spillover.

With that said, I cross my fingers that on avg I-485 processing times is closer to 8-10 months and only for few countries (Iran, Syria, N. Korea comes to mind) has processing times of 20+ months for obvious reasons.