I485 Information, details and scenario playout

[inspired_p]

I-765 status changed today to card being produced both for spouse and me. We had biometrics appointment on 21st Jan.
For me, Status of I-765 also changed to card in production. USCIS seems to have started processing cases now swiftly

[kuku82]

For me, Status of I-765 also changed to card in production. USCIS seems to have started processing cases now swiftly

Fix the typo in your signature for ead production date :)

[inspired_p]

Fix the typo in your signature for ead production date :)

Updated now ! Thank you !

[reys03]

Hi keku82 and inspired_p, congratulations! Can you please share the service center.
We had our biometrics on Dec 4th, and the case status is 'Case Was Updated To Show Fingerprints Were Taken' since then.

PD: Jun 22, 2010 EB2I
AOS/EAD/AP received date: Oct 21st, 2020
Biometrics: Dec 4th, 2020
Service center: NBC

[kuku82]

It was filed at NBC

[inspired_p]

It was filed at NBC

Mine was filed in Nebraska, moved to MSC after biometric.

[reys03]

Thank you!

[Zenzone]

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

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

[shivab55]

Here is timeline for my direct EB2 case -

PD: Apr 2011
RD: 10/21/2020
FP : 01/22/2021
EAD/AP New card production: 01/29/2021
Lockbox: Phoenix
Processing Center: NBC

[gc_wanted]

One question, sorry for jumping in middle of discussion and sorry if am asking a basic question but am not sure how it works. So just checking.

if someone change employer after EAD approval and on EAD and if the 485 final dates are current, then who will help the consultant to get his green card ? How that all process works ? Is it worth changing the employer on EAD or good to change employers?

Also can dependents / spouses go on EAD and work while the primary applicant still stays on H1 visa?

I mean the consultant need attorney or he don?t need any help at that point ? Or the new employer will help?

TIA

[kuku82]

I-765 status changed today to card being produced both for spouse and me. We had biometrics appointment on 21st Jan.

Got the combo card today in mail. 1-yr validity.

[idliman]

Q1. if someone change employer after EAD approval and on EAD and if the 485 final dates are current, then who will help the consultant to get his green card ? How that all process works ? Is it worth changing the employer on EAD or good to change employers?

Q2. Also can dependents / spouses go on EAD and work while the primary applicant still stays on H1 visa?

I mean the consultant need attorney or he don?t need any help at that point ? Or the new employer will help?

TIA
Welcome to the forum. First Browse through the EAD/AP forum and understand the differences between H1B and AOS Pending status (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).

Q1. You will have to wait 180 days after the "Received Date" to port / change jobs. Otherwise you will lose AC21 eligibility. After 180 days of AOS pending, then you can go to any employer you want for any job. But if a I485 RFE comes, you need to support "same or similar" justification and I485 Supp J. Some people decide to keep H1B also. However if you are in the consultation business and keep changing projects that may be difficult.

Q2. The moment primary uses EAD/AP, the dependents also will go to that status. However, if spouse is on EAD/AP (AOS Pending) status, there is no need to renew H4. If spouse is on EAD/AP, then the primary can stay on H1B if needed. In that case primary will have two valid status (H1B and AOS pending), however only one is active. Spouse will have only one Status, i.e., AOS Pending.

Once you cross 180 days, you will keep renewing EAD/AP and don't need an attorney till you get a I485 RFE for Supp J.

[kuku82]

Folks, my I485j was filed as part of the 485 package in October for bona fide job offer. Couple questions:

1) How much time it typically takes to approve the 485j? Mine was filed at NBC.
2) If after 180 days from RD if employer is changed using AC21, then what happens if another 485j is filed (to exercise portability) by the new employer? Does the latter simply override the former?

[idliman]

Folks, my I485j was filed as part of the 485 package in October for bona fide job offer. Couple questions:

1) How much time it typically takes to approve the 485j? Mine was filed at NBC.
2) If after 180 days from RD if employer is changed using AC21, then what happens if another 485j is filed (to exercise portability) by the new employer? Does the latter simply override the former?
Q1. Typically 2 to 3 months. But now we are in unprecedented territory with October rush. I believe I485J will fall into I485 processing time which is upward of 12 months. I don't think you are going to do a service request for at least one more year.
Q2. The first time you submit I485J, it is just a confirmation of Bona Fide job (in good faith) offer. After 180 days, you can use I485J for portability to another employer. So both I485J's have their own purpose. 180 days is not a free ticket to I485. Lets say if USCIS picks up your original I485 and new I485J after 180 days, if they find something seriously wrong with original I485 (e.g., health, criminal, security, public charge or immigration violation, etc.,) they can reject the complete AOS application. So you are out of the woods only after I485 is properly adjudicated or pre-adjudicated.

Hope this helps.

[inspired_p]

Q1. Typically 2 to 3 months. But now we are in unprecedented territory with October rush. I believe I485J will fall into I485 processing time which is upward of 12 months. I don't think you are going to do a service request for at least one more year.
Q2. The first time you submit I485J, it is just a confirmation of Bona Fide job (in good faith) offer. After 180 days, you can use I485J for portability to another employer. So both I485J's have their own purpose. 180 days is not a free ticket to I485. Lets say if USCIS picks up your original I485 and new I485J after 180 days, if they find something seriously wrong with original I485 (e.g., health, criminal, security, public charge or immigration violation, etc.,) they can reject the complete AOS application. So you are out of the woods only after I485 is properly adjudicated or pre-adjudicated.

Hope this helps.

Question: How does one know if the application is pre adjudicated ? Do we get correspondence that USCIS has approved the application?

[idliman]

Question: How does one know if the application is pre adjudicated ? Do we get correspondence that USCIS has approved the application?
You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:

If a visa number is not immediately available, complete a pre-adjudication worksheet (Attachment A), but DO NOT request allocation of a visa number through CCD/IVAMS.


USCIS field offices must now begin shipping their currently pending visa regressed cases to the appropriate designated storage location for case type (employment-based I-485 cases to the TSC and family-based I-485 cases to the NBC), as established in this memorandum, using the attached pre-adjudication worksheet (Attachment B).

So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

[inspired_p]

You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:




So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

Thank you very much. I have filed for the first time in October 2020. So most probably still under adjudication.

[mohan_jgd]

Finally after a long wait, was able to get the receipt notices for me and my daughter from Emma yesterday. Still waiting for spouse to be entered into the system.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD:
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

[rainmaker12]

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

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

[mohan_jgd]

Finally after a long wait, was able to get the receipt notices for me and my daughter from Emma yesterday. Still waiting for spouse to be entered into the system.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD:
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

Received all the receipt notices for me, spouse and my daughter in mail today.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD: 02/09/2021
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

On to the wait for next milestone.

[nbk1976]

You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:




So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

Just wanted to mention that you can ask your congress(wo)man/senator to inquire about the current status. Clearly ask if your case is "pre-adjudicated". I got a reply stating that it was.

[SG2020]

Hi all -

This forum has been the best source of information and encouragement this past decade for me. My PD is May 17, 2011 EB2 - so I had to file for I-485 along with a downgrade to EB3. Will appreciate if someone could provide answers to the following questions (or point me to posts on the forum that contain these details):

1. Premium Processing for I-140: Fragomen has given me 2 different not-so-convincing reasons for not filing I-140 in premium processing. My downgrade application is with the same employer in same location...so please confirm if premium processing can be requested.

2. Post 180-day actions: What can I do after 180 days of pending I-485 application. Will USCIS send me an EAD card then automatically? My application was filed with I-765 as well and that was received alongwith the I-485 on Nov 4. Does I-140 for my EB3 downgrade have to be approved before an EAD can be issued? I have my older EB2 approved application.

3. Changing locations: Both my I-140 and downgrade are for the same PERM. After 180 days, can I transfer my office location (from north-east to SF) doing same/similar work? If I get an EAD after 180 days (see 2 above), will the change in location have to be done after the EAD is received?

4. Changing employers: Same as 3 above...can I change employers after 180 days (or after the EAD comes)? Does the work work have to be same/similar?

5. Receipt notices: My applications were delivered on Nov 4. I contacted USCIS through Emma last week and got the receipt numbers (dates are Feb 11). The status on myUSCIS now says that all my notices have been mailed but I have not received any of them yet. Is that normal (~10 working days)? What's the method to follow up? Emma?

Will appreciate any wisdom you all can share. Thank you.

[SG2020]

Hi all -

This forum has been the best source of information and encouragement this past decade for me. My PD is May 17, 2011 EB2 - so I had to file for I-485 along with a downgrade to EB3. Will appreciate if someone could provide answers to the following questions (or point me to posts on the forum that contain these details):

1. Premium Processing for I-140: Fragomen has given me 2 different not-so-convincing reasons for not filing I-140 in premium processing. My downgrade application is with the same employer in same location...so please confirm if premium processing can be requested.

2. Post 180-day actions: What can I do after 180 days of pending I-485 application. Will USCIS send me an EAD card then automatically? My application was filed with I-765 as well and that was received alongwith the I-485 on Nov 4. Does I-140 for my EB3 downgrade have to be approved before an EAD can be issued? I have my older EB2 approved application.

3. Changing locations: Both my I-140 and downgrade are for the same PERM. After 180 days, can I transfer my office location (from north-east to SF) doing same/similar work? If I get an EAD after 180 days (see 2 above), will the change in location have to be done after the EAD is received?

4. Changing employers: Same as 3 above...can I change employers after 180 days (or after the EAD comes)? Does the work work have to be same/similar?

5. Receipt notices: My applications were delivered on Nov 4. I contacted USCIS through Emma last week and got the receipt numbers (dates are Feb 11). The status on myUSCIS now says that all my notices have been mailed but I have not received any of them yet. Is that normal (~10 working days)? What's the method to follow up? Emma?

Will appreciate any wisdom you all can share. Thank you.

PS: I had posted this message in the I-485 thread as well a couple of days ago, but no response. Will remove it from here once answered.

[idliman]

Hi all -
PS: I had posted this message in the I-485 thread as well a couple of days ago, but no response. Will remove it from here once answered.
I will try my best to answer some of your dissertation questions. :cool:



Premium Processing for I-140: AFAIK, the reason why you cannot do Premium Processing (PP) on downgrade applications is because a) You need the original PERM approval from DOL that you had already used for EB2 and b) USCIS needs to retrieve the PERM / I-140 from storage and link it to the current I-485 / I-140. So, some attorneys found a backdoor entry by initially submitting downgrade via regular processing and then once USCIS issues a receipt number they will upgrade to PP. So premium can be requested if you go via this route. There may be other reasons for not doing PP. If you share what they told you we can probably figure out if that is a genuine reason or "truthful hyperbole"
Post 180-day actions: 180 days is just a count after the notice date. After that date, you are eligible for AC21 job portability protections. This essentially makes you a "free agent", subject to "same or similar" category job requirement. You can port to a different employer without PERM and I-140 in short. Please read previous posts or google for more info.

EAD card approval has nothing to do with 180 days or downgrade. EAD/AP benefit is provided to you by law on the basis of your I-485 / AOS petition is pending. It has nothing to do with I-140. Of course, for a I-485 to remain valid and pending the underlying I-140 has to be approved at some point.

Downgrade is aka "change of underlying basis". Please read previous posts. You are asking for the entire rule-book here and tough to answer all scenarios.
Changing locations: After 180 days you become free agent. There is no job description, pay or location requirement that applies to H1B (if you work only on EAD). Pros and Cons of EAD vs H1B are listed in EAD forum thread. But I would make sure that underlying I-140 is also approved before using AC21. See, GC is given for a future job. You can move to any location and take any role as long as you work in the "GC" job that you and employer signed up for after getting GC. USCIS expects you to stay with employer for a "reasonable" time after GC. If you are still maintaining H1B, then the employer will file an amendment to change job location.
Changing employers: Yes. After 180 days and I-140 approval, you can avail AC21 protections. In fact, you can work in Pizza shop or Safeway or not work at all. However, when USCIS sends an RFE (it can be anytime), you need to have a I-485J that promises you a job in "same or similar" category. For this reason it is better to stay with a "same or similar" job or always have an employer that can sign your I-485J. Please google AC21 job portability and the catches / requirements.
Receipt notices: Once you get a receipt number, it may take up to 2 weeks to get receipt notices by mail. Check if the notices went to attorneys office. I hate it when they file G-28 this way.


Good Luck.

[SG2020]

I will try my best to answer some of your dissertation questions. :cool:



Premium Processing for I-140: AFAIK, the reason why you cannot do Premium Processing (PP) on downgrade applications is because a) You need the original PERM approval from DOL that you had already used for EB2 and b) USCIS needs to retrieve the PERM / I-140 from storage and link it to the current I-485 / I-140. So, some attorneys found a backdoor entry by initially submitting downgrade via regular processing and then once USCIS issues a receipt number they will upgrade to PP. So premium can be requested if you go via this route. There may be other reasons for not doing PP. If you share what they told you we can probably figure out if that is a genuine reason or "truthful hyperbole"
Post 180-day actions: 180 days is just a count after the notice date. After that date, you are eligible for AC21 job portability protections. This essentially makes you a "free agent", subject to "same or similar" category job requirement. You can port to a different employer without PERM and I-140 in short. Please read previous posts or google for more info.

EAD card approval has nothing to do with 180 days or downgrade. EAD/AP benefit is provided to you by law on the basis of your I-485 / AOS petition is pending. It has nothing to do with I-140. Of course, for a I-485 to remain valid and pending the underlying I-140 has to be approved at some point.

Downgrade is aka "change of underlying basis". Please read previous posts. You are asking for the entire rule-book here and tough to answer all scenarios.
Changing locations: After 180 days you become free agent. There is no job description, pay or location requirement that applies to H1B (if you work only on EAD). Pros and Cons of EAD vs H1B are listed in EAD forum thread. But I would make sure that underlying I-140 is also approved before using AC21. See, GC is given for a future job. You can move to any location and take any role as long as you work in the "GC" job that you and employer signed up for after getting GC. USCIS expects you to stay with employer for a "reasonable" time after GC. If you are still maintaining H1B, then the employer will file an amendment to change job location.
Changing employers: Yes. After 180 days and I-140 approval, you can avail AC21 protections. In fact, you can work in Pizza shop or Safeway or not work at all. However, when USCIS sends an RFE (it can be anytime), you need to have a I-485J that promises you a job in "same or similar" category. For this reason it is better to stay with a "same or similar" job or always have an employer that can sign your I-485J. Please google AC21 job portability and the catches / requirements.
Receipt notices: Once you get a receipt number, it may take up to 2 weeks to get receipt notices by mail. Check if the notices went to attorneys office. I hate it when they file G-28 this way.


Good Luck.

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

Just a couple of quick follow ups:

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

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

[Turbulent_Dragonfly]

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

Just a couple of quick follow ups:

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

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

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

[idliman]

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

Just a couple of quick follow ups:

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

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

Q1. Your PD is May 17, 2011. Right now EB3I FA is at 01JUL10. As your FA date is not current, there is no pressing reason to do PP. However, if you think the FA date for EB3I will become current before the I-140 is approved in regular processing, go ahead. 6 to 8 months is the normal processing time for I-140. If you are an Oct 2020 filer, then you already at 4+ month mark.

Q2. I would wait 180 days from "Received Date" and for the underlying I-140 to be approved. That would make you eligible for AC21 "job portability" protections. Are you planning to keep your H1B as a backup in addition to "AOS Pending" status. If so, your employer needs to file amendment changing the location of your H1B. There are a lot of resources on the internet about AC21.

In addition, as you are in AOS Pending status, I would advise you to browse through EAD Template Thread (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format) and AP Travel Thread (https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP). That should give you a better understanding.

[idliman]

AC21 is only allowed if you work in a job which closely tracks with the original job offer. So you can't go work in a gas station or something else because the new employer has to provide a I-485J attesting to the fact that the new job is similar to the original one. So you are a 'free agent' but you can only play within the same sport for another team, you cannot switch to another sport :).
You are right that a "Gas Station" or "Pizza Shop" cannot provide you a I485J. But, you have a window of opportunity to work in a "Gas Station" or "Pizza Shop" or not work at all in AOS Pending status if you play the game right. As long as you don't get a RFE from USCIS, you are fine. The moment you get a RFE, you have 2.5 to 3 months to get a job in "same or similar" category and make the employer to sign a "I485-J" and submit paperwork to USCIS. However, it would be safer if one sticks to "same or similar" job at all times.

[kuku82]

Q1. Typically 2 to 3 months. But now we are in unprecedented territory with October rush. I believe I485J will fall into I485 processing time which is upward of 12 months. I don't think you are going to do a service request for at least one more year.
Q2. The first time you submit I485J, it is just a confirmation of Bona Fide job (in good faith) offer. After 180 days, you can use I485J for portability to another employer. So both I485J's have their own purpose. 180 days is not a free ticket to I485. Lets say if USCIS picks up your original I485 and new I485J after 180 days, if they find something seriously wrong with original I485 (e.g., health, criminal, security, public charge or immigration violation, etc.,) they can reject the complete AOS application. So you are out of the woods only after I485 is properly adjudicated or pre-adjudicated.

Hope this helps.

Thanks Idliman that makes sense. Assuming there are no issues with the I485 itself, what are the risks one must consider when changing employers after 180 days pertaining to the pending initial I485J (bona fide job offer)? Have we seen RFEs regarding the I485J specifically once it has been filed?

[desiman]

so i became current in last months visa bulletin (08-Oct-09), but haven't received any RFE or any updates... I had completed biometrics in 2012 and submitted medicals second time in 2015... any insights on when usually the case moves....

[Moveon]

so i became current in last months visa bulletin (08-Oct-09), but haven't received any RFE or any updates... I had completed biometrics in 2012 and submitted medicals second time in 2015... any insights on when usually the case moves....

Are you in TSC ? TSC is currently running slow and the recent weather events in the Dallas area might have slowed them down further for a week or two .
Most in NSC have gotten RFEs into Jan .

[desiman]

yes TSC...

[racharox]

I received a RFE for birth certificate for my spouse and submitted the response. USCIS acknowledged it immediately after they received it. Is that of any indication of potential advancement of FA dates in the coming months?

[idliman]

I received a RFE for birth certificate for my spouse and submitted the response. USCIS acknowledged it immediately after they received it. Is that of any indication of potential advancement of FA dates in the coming months? Unfortunately No. RFE process and responding to RFE are all integral parts of maintaining your "AOS Pending" status. If you don't reply to RFE in a timely way, your I-485 application will be rejected/denied. So RFE's are serious business and at the same time show progress in adjudicating your file. This is the same for a 2009 PD applicant or 2014 PD applicant. Even if your PD is not going to become current (like the people who filed in 2012 and still waiting), USCIS will process your file and pre-adjudicate, so that your case file is ready to be approved when GCs are available.

Moving the PDs or future movement is dependent on how many visa's (GC is an immigrant visa) remain open for issuing.

[AceMan]

Aceman, thanks very much for the suggestion!
Although we havent received the rejection packet yet, we looked at derivative I-485 form and we did leave 3.a blank and our lawyer seemed to have agreed.
I have 2 questions, would the community be very kind to provide your thoughts?
1. Should 3.a checkbox be selected in the derivative's I-485? (Primary is EB2-I)
2. Can we file corrected application in February, knowing FA date should be used for filing per Feb VB i.e. does this restriction apply to re-submitting rejected applications too?

Thanks again!

So good news, the rejected form after re applying with the correct forms and sent on January got accepted for the spouse and kid which was rejected earlier.

[raradhya]

H1b - Transfer after 180 days for primary but not transferring h4 for spouse. how does it work out in-terms of legal status and GC processing.

Hello Gurus's need some input from people who dealt with similar situation.

I applied for I-485 and I-765 on Oct 29 2020, have not received EAD/AP or no fingerprint yet. I have also filed i-485j and medical along the application.
Now due to some work situation i am going to join a new company on May 3 rd (after 180 days to take advantage of AC21) and working with the new company attorney to transfer my H1b.

1. The new company do not want to file h1B transfer in premium. I have to bear the premium cost so i am fine not taking that route.
2. The company is not transferring my wife's H4. she has H4 EAD valid till October but never used it.

My question is will it be OK to not transfer H4 while i am on H1B and wife is in AOS pending "Trishanku state" . i want to know so i don't have to spend on wife's transfer cost and if we are going to get EAD anyway why bother.

[bangaloreboy]

If you are missing the the columns 3a or 9a on the derivatives application, you might be in luck and might be able to refile. https://millermayer.com/2020/in-response-to-litigation-uscis-pauses-blank-space-rejection-policy/

Hello Aceman and others who may be in the same boat as I,
USCIS has now accepted by wife's derivative application which was initially rejected for missing 3a/9a in Part 2 of the I-485 application!
My wife's FP got scheduled too...
This follows USCIS's notification that they would accept such rejected applications.

[bangaloreboy]

Hello Aceman and others who may be in the same boat as I,
USCIS has now accepted by wife's derivative application which was initially rejected for missing 3a/9a in Part 2 of the I-485 application!
My wife's FP got scheduled too...
This follows USCIS's notification that they would accept such rejected applications.

thanks Aceman/idliman for your suggestions! small victories do tend have an effect of providing great relief!

[AceMan]

Hello Aceman and others who may be in the same boat as I,
USCIS has now accepted by wife's derivative application which was initially rejected for missing 3a/9a in Part 2 of the I-485 application!
My wife's FP got scheduled too...
This follows USCIS's notification that they would accept such rejected applications.

Very nice. When is she scheduled to for FP?

[bangaloreboy]

Very nice. When is she scheduled to for FP?

She is scheduled for May 20th

[Turbulent_Dragonfly]

H1b - Transfer after 180 days for primary but not transferring h4 for spouse. how does it work out in-terms of legal status and GC processing.

Hello Gurus's need some input from people who dealt with similar situation.

I applied for I-485 and I-765 on Oct 29 2020, have not received EAD/AP or no fingerprint yet. I have also filed i-485j and medical along the application.
Now due to some work situation i am going to join a new company on May 3 rd (after 180 days to take advantage of AC21) and working with the new company attorney to transfer my H1b.

1. The new company do not want to file h1B transfer in premium. I have to bear the premium cost so i am fine not taking that route.
2. The company is not transferring my wife's H4. she has H4 EAD valid till October but never used it.

My question is will it be OK to not transfer H4 while i am on H1B and wife is in AOS pending "Trishanku state" . i want to know so i don't have to spend on wife's transfer cost and if we are going to get EAD anyway why bother.

If your wife is not planning to work, then yeah AOS pending is fine. Only thing I am not sure of as I don't know which state you live in is if she needs to renew her driver's license. Hopefully you will have EAD by then but who knows since as you yourself know you have been waiting for approaching 7 months since you initially filed for I-485. Also not to scare monger, but if the I-485 is denied for some reason, then she will immediately go out of status. That's why it's better to have an underlying status.

[manubhai]

H1b - Transfer after 180 days for primary but not transferring h4 for spouse. how does it work out in-terms of legal status and GC processing.
...
...
2. The company is not transferring my wife's H4. she has H4 EAD valid till October but never used it.

My question is will it be OK to not transfer H4 while i am on H1B and wife is in AOS pending "Trishanku state" . i want to know so i don't have to spend on wife's transfer cost and if we are going to get EAD anyway why bother.

Please confirm with an attorney. Should be a quick confirmation.

My understanding - after multiple H4 renewals, some with H1 and some applied separately - is that H4 does NOT need to be renewed just because you (H1) are transferring to a new employer. With what you've written, if H4-EAD is valid till October, I conclude that her H4 is also valid till October. You "CAN" renew the H4 right now with H1, but don't have to. You can do that in late August/early September if your EAD/AP doesn't arrive by then.

The above of course doesn't hold if you are "renewing" your H1 because it's expiring, which further implies that H4 is also expiring at the same time. The above is only for a new H1 with a different employer while the existing H1 (and hence H4) still has validity left on it.

Again - Please confirm with an attorney. Should be a quick confirmation.

[Zenzone]

While the medical RFE came from the Field Office and I replied back, my application is primarily with NBC. I don't know who owns the processing of my application from now on and who does the final adjudication and approval whether its NBC or the FO. Just wanted to clarify as I saw few messages asking about the FO details.

[qesehmk]

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the legilation, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required by law to do, expecting to get legislative or executive action is a foolhardy.

People these are exatly my thoughts. I 100% agree with positive.


as shared there is no law that all the available GC numbers should be used and allocated in a year, so we can't sue on that aspect. Not sure why all groups that were trying to get the bills passed or lobby like IV and others why are try silent and not putting some pressure and following up to see that the numbers get used and allocated when we have the abundance. Not sure why everyone is so quite on that aspect.

I gotta to say that I am sometimes ashamed that we Indians have no self respect. Compared to our education and money power we seem to have almost no fighting spirit. Any other community so oppressed would go and knock doors of supreme court and knock all TV channels (which are paid by the way ... and so it is so easy to make yourself heard). Go create a lawsuit that will have merit. All you have to do is - build 10-20 cases that will show that those those specific backlogged folks suffered material damage to their careers and/or life because USCIS failed to utilize visas. Spend money even if you are not one of those people. Because it will help you in the long term. Build advocacy that is separate from IV who have damaged themselves permanently by aligning politically with right wing anti immigrants. So I am not going to put faith in IV anymore. But I can't believe that among a million desi backlogged people - some of whom are C level people - earning 1M plus - we can't find people with courage to do proper advocacy. Shame on you.

[chandukechacha]

Hello,

My priority date is end of May 2011. My company filed EB3 downgrade in October. My downgrade 140 is under processing and my company is not doing premium processing. They are stubborn on this and I am not sure how long 140 regular processing will take.
I am current in July in both EB3 and EB2. My previous employer with whom I have Eb2 140 approved is willing to take me back into their company after green-card approval and provide I485J if I wish to file in EB2.

My question is Can I go ahead and file a new 485 (using prior employers eb2 140)?. Can I have 2 active 485's at the same time and choose 1 at the time of approval?. Would filing a 2nd 485 automatically cancel out the downgrade 485?

Answers on this will be very helpful for me

Anyone that can provide some inputs?

[rsnake]

Anyone that can provide some inputs?

Are they not doing PP because of cost issues? You can offer to pay them for it and it's completely legal for the employee to pay for I-140 premium processing.

You can have two or even more than two active 485s but with the current pace of processing it's better to stick with the one from Oct. If you file the second one, when they get to adjudicating the one that's ahead, they will ask you to withdraw the other. It's not automatic.

[knighthood83]

Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?

[chandukechacha]

Are they not doing PP because of cost issues? You can offer to pay them for it and it's completely legal for the employee to pay for I-140 premium processing.

You can have two or even more than two active 485s but with the current pace of processing it's better to stick with the one from Oct. If you file the second one, when they get to adjudicating the one that's ahead, they will ask you to withdraw the other. It's not automatic.

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.

[PDAUG2011]

Its likely for Medicals especially given your Form-J is now approved.

Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.

[rohanvus]

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.
My PD is DEC2,2011 . In my case i tried PP at TSC but till date havent received any update from USCIS - No reject mail , nothing (per lawyer) . In this helpless situation i was considering using EB2 path whenever FAD reaches Dec2,2011 under EB2 . Atleast that way you can get out of clutches of TSC (which is the slowest of all even during normal conditions )

[AceMan]

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.

If your employer does not allow you to upgrade your petition, you have nothing else to do. Company did a big favor in allowing you to downgrade. When you applied for GC, you were qualified with skills required for EB2 and it excluded lot of candidates who would otherwise have qualified for the job in EB3.

I had presented this possible scenario early this year, but few members felt I was disrespectful and inconsiderate to the people who wanted to downgrade and their chance for getting an EAD. EAD without approved 140 is basically an useless document.

I think you should have patience and see when your Eb3 140 downgrade is approved.

[qesehmk]

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.

Just a general career advice to you and anybody else who finds it useful. In USA if you treat your employment as a 2 way street then you have better chance of success. Neither you are doing them any favor nor they should be thinking they are doing any favor. If this is the limit they are willing to go for you then it tells you that the career ahead of you doesn't have significant upside remaining and you need a different employer at a suitable time.

No point in getting angry or hurt. Just accept this reality and move on when suitable point in time arrives. All the best.

[Zenzone]

Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.

Makes sense to me. Good Luck!

[Waiting4GC]

People these are exatly my thoughts. I 100% agree with positive.



I gotta to say that I am sometimes ashamed that we Indians have no self respect. Compared to our education and money power we seem to have almost no fighting spirit. Any other community so oppressed would go and knock doors of supreme court and knock all TV channels (which are paid by the way ... and so it is so easy to make yourself heard). Go create a lawsuit that will have merit. All you have to do is - build 10-20 cases that will show that those those specific backlogged folks suffered material damage to their careers and/or life because USCIS failed to utilize visas. Spend money even if you are not one of those people. Because it will help you in the long term. Build advocacy that is separate from IV who have damaged themselves permanently by aligning politically with right wing anti immigrants. So I am not going to put faith in IV anymore. But I can't believe that among a million desi backlogged people - some of whom are C level people - earning 1M plus - we can't find people with courage to do proper advocacy. Shame on you.

So true. I guess we tend to think that we get what we deserve instead of fighting for what we deserve. On top of it, a sense of constant fear and lack of available support systems make us what we are.

[Positive]

as shared there is no law that all the available GC numbers should be used and allocated in a year, so we can't sue on that aspect. Not sure why all groups that were trying to get the bills passed or lobby like IV and others why are try silent and not putting some pressure and following up to see that the numbers get used and allocated when we have the abundance. Not sure why everyone is so quite on that aspect.

While there is no law requiring USCIS to use up all numbers, the law does require that USCIS accept I-485s as long as visa numbers are immediately available. If hundreds of thousands of visas are expected to remain unused by the end of the fiscal year, visa numbers continue to be immediately available for everyone by the same token. In legalese, it's called putting a squeeze on interpretation of a statute. If you make one argument then you cannot run away from what logically follows.

[chandukechacha]

If your employer does not allow you to upgrade your petition, you have nothing else to do. Company did a big favor in allowing you to downgrade. When you applied for GC, you were qualified with skills required for EB2 and it excluded lot of candidates who would otherwise have qualified for the job in EB3.

I had presented this possible scenario early this year, but few members felt I was disrespectful and inconsiderate to the people who wanted to downgrade and their chance for getting an EAD. EAD without approved 140 is basically an useless document.

I think you should have patience and see when your Eb3 140 downgrade is approved.


Just a general career advice to you and anybody else who finds it useful. In USA if you treat your employment as a 2 way street then you have better chance of success. Neither you are doing them any favor nor they should be thinking they are doing any favor. If this is the limit they are willing to go for you then it tells you that the career ahead of you doesn't have significant upside remaining and you need a different employer at a suitable time.

No point in getting angry or hurt. Just accept this reality and move on when suitable point in time arrives. All the best.


Thanks for your insights!. Really appreciate it!. And yes there is no progress on the career perspective too, I was just staying put for immigration purposes.

[knighthood83]

Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?

[andhraguy]

Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.

@PDAUG2011 - I had very similar satiation. Got RFE for myself, submitted medicals for both me and my wife with RFE response. Few days later I received Medial RFE for my wife. Can't answer why. Resubmitted a new medical for my wife.

You should get new medicals from doctor and submit. Only thing i would suggest act fast don't delay.

[PDAUG2011]

@PDAUG2011 - I had very similar satiation. Got RFE for myself, submitted medicals for both me and my wife with RFE response. Few days later I received Medial RFE for my wife. Can't answer why. Resubmitted a new medical for my wife.

You should get new medicals from doctor and submit. Only thing i would suggest act fast don't delay.


Thanks, andraguy!

Will go to doctor's office as soon as his staff gives me date and time and will ship the packet from there itself (good thing is doctor's office and FO are in same city, hopefully that will save a day).

[LightAtEndOfTunnel]

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long as vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the backlog, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required to do by law, expecting to get legislative or executive action is foolhardy.

Exactly my thoughts, a bird in hand is worth two in bushes. Just expecting things to take shape of their own and not taking any action has exactly 0% chance of success. Everyone sees this at their work and even real life but just remain so oblivious to it.

[MeraNumber09]

Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

[knighthood83]

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

Live chat. Got it crosscheck 3 times with live chat. Gurus what is the significance of the case going to field office?

[Zenzone]

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

Have you received your Med RFE yet? I think if not your FO issues it and may adjudicate after you respond.

[knighthood83]

No I submitted my medicals in Oct 2020 last year. I have submitted everything they need

[qriousjunta]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

[monsieur]

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

You already have deferral for 3 months; wait till last min and accept offer if this is what you like/want. You already have AC221 protection and GC will also come right around or just after you start new job. All the best!!

[sstest]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

Not a guru but I will take a stab at it. I feel answers to such situations are always going to be subjective given so many variables:

(I am in a similar situation myself BTW)

- offer details (Comp career progression)
- current comp details / your satisfaction level
- current estimate for getting GC
-- As you can see through pages and pages of discussions here and elsewhere, so many variations on USCIS side - service center / AO / field office / things getting lost, queue order changing, positions of stars probably :)
- How much you personally care about filing I-485J proactively / staying at the current job for 6 months after GC

I could probably add more factors but the point is that it is something that each one of us will have to decide for ourselves. I feel it's a matter of what tips the scale for you and in which direction.

Personally, If I get a dream offer tomorrow that will substantially change the quality of life in 2-4 years from now, I will move and use AC21. Otherwise best to simply stay put and patiently wait for this to be over.

More knowledgeable folks here may correct me but I think you are right around the corner and should get your GC within the next few months(2-4) if everything goes ok.

Good luck and godspeed.

[Turbulent_Dragonfly]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

[Zenzone]

I think looking up the GC approvals on telegram or other scraping data wont really tell you much. From what I have read your local Field Office (FO) makes the final decision and approves your I485. The MSC receipt numbers around your receipt no. wont be for the same field office. And when your I-485 gets approved depends on the processing speed of your local FO. I think greencardly is the best bet to get some estimate as they have a breakdown of I485's processed by each field office.

Couldn't agree more. I think as a rule of thumb the FO that sends you the medical RFE (if you hadn't filed it with the original application) will be a more pertinent harbinger of how things will move and how fast. Even otherwise its fair to assume your FO processing times impact your case more actively as such.

[bangaloreboy]

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

Agree totally with you here. I also appreciate your suggestion of expediting EAD. I have a job offer but no EAD yet. The job offer is contingent on me getting EAD or GC. You never know what turn market might take 6 months after GC approval. The employers financial situation might change, or they might fill the position with someone else.

[qriousjunta]

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

[Zenzone]

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

[Turbulent_Dragonfly]

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

You filed last Oct. If there were any administrative errors by previous attorney, your case would already have been rejected after initial receipt. In fact you even have your EAD in hand! You are a free agent now and all that you should be needing to do is filing I-485J if you want to move to a new employer. The attorneys will anyway just file a new G-28 and further communication will come to them and not the old attorneys. The only extreme case is if your previous I-140 is revoked for fraud or misrepresentation the chances of which are remote not knowing the company you work for. Just FYI, if the underlying I-140 is revoked, the I-485/I-131/I-765 are all void.

[qriousjunta]

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

Very true !!! Agree, It is not coded and that is one last thing to worry about now.

[andhraguy]

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

@Zenzone - We don't have to stick to the current employer for *another* 6 months after getting green card. Good point to know. Thanks for sharing. ��

[Zenzone]

@Zenzone - We don't have to stick to the current employer for *another* 6 months after getting green card. Good point to know. Thanks for sharing. ��

Its a grey area and you use your discretion but others I know personally who have done it have been usually okay.

[andhraguy]

Its a grey area and you use your discretion but others I know personally who have done it have been usually okay.

Yes I can understand.

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[qriousjunta]

You filed last Oct. If there were any administrative errors by previous attorney, your case would already have been rejected after initial receipt. In fact you even have your EAD in hand! You are a free agent now and all that you should be needing to do is filing I-485J if you want to move to a new employer. The attorneys will anyway just file a new G-28 and further communication will come to them and not the old attorneys. The only extreme case is if your previous I-140 is revoked for fraud or misrepresentation the chances of which are remote not knowing the company you work for. Just FYI, if the underlying I-140 is revoked, the I-485/I-131/I-765 are all void.

Very true!!! Thanks for explaining this scenario. I agree and looks like if there were any documents missing or invalid in I-131 & I-765 could have known by now.
But I-485 and I-485J filed together are still pending and who knows whats in the hidden twist in those cases.

Also you making a good point as reminder that I-485/I-131/I-765 all are based on I-140.

All these makes one think it is safe to stay in H1B ( if possible with the same filing employer) with these FAD movements and not to take a chance.

[EB22010Dec]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?

[Turbulent_Dragonfly]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?

Yes but you will need some work authorization to do that. So either a H1 or EAD.

[donkeykong]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,

[vsivarama]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,

Always file your EAD preferably 180 days in advance (You can do it on your own). There is zero fee. In case they approve your GC they will deny your EAD. Best case they will not even bother looking into your EAD case. Worst case, you have a total 1 year to get your EAD renewal, if your GC is not approved by then.

[EB22010Dec]

Yes but you will need some work authorization to do that. So either a H1 or EAD.


So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

[vsivarama]

So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

You will need to apply for H1 transfer + file 485 Sup J. If you have approved EAD then you need to just file the Sup J. Sup J is not your work authorization.

[gammaray]

So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

Umm, no. On what basis would you work with the new employer? You need a work authorization document (EAD or H1). EAD allows you to work for any employer. H1 is employer specific, which means can't join another employer without the transfer process.

H1 and I-485/EAD are two separate tracks, and have their own rules which need to be met depending on what is being used.

SuppJ is just to keep the previously filed I-485 active/valid. Nothing to do with work authorization.

[idliman]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,
File for renewal 6 months before expiry date. Please read https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format

[idliman]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?
Filing I-485 gives you a backup status of "AOS Pending". It does not allow you to travel outside country. For that you need AP. AOS Pending does not allow you to work in USA. For work authorization you need EAD. A pending AOS application makes you eligible for applying to EAD/AP. You still need to apply and get these documents approved. Basically after filing for AOS, you will not go out of status even if your H1B is denied or expired. It just gives you breathing space to get work authorization. Crossing 180 days after filing I-485, makes you eligible for AC21 job portability provision. You don't need to go through PERM/I-140 when you change employers provided your new job is same or similar classification. I advise you to read the following threads.

https://www.qesehmk.org/forums/showthread.php/2921-EAD-and-H1-Dual-Status-holding-and-opportunites

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

https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP

H1-B is dual intent which means you can choose to keep H1-B after filing AOS in parallel. The requirements of H1-B does not change because you filed AOS. However, if you use EAD for work then H1-B gets cancelled. There is a separate thread with some caveats on this topic.

[idliman]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?
Your PD is not expected to retrogress. If your job offer is good, you can move. But make sure that you stay with your I-485 Supp J company for atleast 6 months after getting GC.

The criteria for I-485 Supp J "same or similar classification" are very loose. Work with the attorney of new company to file I-485 Supp J as soon as you join new company. They can also file I-485 Supp J before you join too as GC is for future job.

GC is for a future job. In my book, you need to have a valid I-485 Supp J before a GC is approved. I don't agree that you should wait for a I-485 Supp J RFE or NOID before sending I-485 Supp J. GC is given based on a contract between you and the company offering you a FT job. You agree to work there for a "reasonable" time after getting GC. If you move immediately after getting GC, technically USCIS can come after you and deny you citizenship (if you care for it).

[qriousjunta]

Your PD is not expected to retrogress. If your job offer is good, you can move. But make sure that you stay with your I-485 Supp J company for atleast 6 months after getting GC.

The criteria for I-485 Supp J "same or similar classification" are very loose. Work with the attorney of new company to file I-485 Supp J as soon as you join new company. They can also file I-485 Supp J before you join too as GC is for future job.

GC is for a future job. In my book, you need to have a valid I-485 Supp J before a GC is approved. I don't agree that you should wait for a I-485 Supp J RFE or NOID before sending I-485 Supp J. GC is given based on a contract between you and the company offering you a FT job. You agree to work there for a "reasonable" time after getting GC. If you move immediately after getting GC, technically USCIS can come after you and deny you citizenship (if you care for it).

Thanks again for writing @idliman.
Hope!! My PD June 2010 would not retrogress :fingerscrossed.
Agree!! Better to check if the offer is worth it.
It is a good to know that I485-J can be filed even before joining a job. It makes sense and logically i can understand it.
And finally that 6 month or 60 days or 6 days rule after getting green card being checked during naturalization is a big question.

[Immig7]

I have been posting replies on this thread since yesterday, but none of them show up. Qsehmk can you please let me know if the moderators are still reviewing?

[sudebusa]

@PDAUG2011 Could you please share a little more details such as which service center and did you do EB2 to EB3 downgrade?

My PD is Sep 2011; did downgrade to EB3, applied I-485 in Oct-2020, FP is done, I-140 has been approved in early June-2021 after upgrading to PP. I am asking because my FO is also Chicago and per my last interaction with Live Agent, my application is still sitting with SRC (TX).

Thanks.

[oraclept]

I am looking at i140 at Texas processing center. It says Nov 1, 2020 for E31, E32.
Does it mean anyone applied prior to Nov1,2020 have there case approved or actively worked up on and we hear about it next few days.?

[rohanvus]

I am looking at i140 at Texas processing center. It says Nov 1, 2020 for E31, E32.
Does it mean anyone applied prior to Nov1,2020 have there case approved or actively worked up on and we hear about it next few days.?

No idea . I have PD Dec 2,2011( Receipt Date of Oct 29,2020) but no updates so far . I have guys from Oct 20,2020 not having any single update whatsover .
It seems the the counter on USCIS site is running via a bot - It increases by 1 every day (including weekends), so you can imagine how much to take it at face value

[rave79]

No idea . I have PD Dec 2,2011( Receipt Date of Oct 29,2020) but no updates so far . I have guys from Oct 20,2020 not having any single update whatsover .
It seems the the counter on USCIS site is running via a bot - It increases by 1 every day (including weekends), so you can imagine how much to take it at face value

I filed for EB2 I-140 at SRC last August and still no update, this was a month before that Oct'20 hullabaloo started but still no update :-(

[mmax123]

Hello Experts,

I would very much appreciate your opinion on my situation. I was employed with Employer A and have a EB2-I PD of March 2013. I move jobs in early 2020. My new Employer B applied for EB2 PERM in early FEB 2021. Based on the DOL processing times, if there is no random audit, I am expecting the PERM to get approved in the next month or so.

I am wondering what is the best strategy for me (EB2 vs EB3). Based on latest "Chat with Charlie" and expected visa wastage, I feel that there is a good possibility that EB2-I FAD may not get current before September 2022, even if DOF becomes current in October 2021. I feel EB3 might be the best bet.

I am thinking of the below options:
1. File EB2 I140 in premium. After approval, file EB3 I140 in premium. Wait for approval before taking next action.
2. File both EB2 I140 and EB3 I140 in premium simultaneously. Wait for approval before taking next action.
3. Go ahead with full EB3 application (I140 + 485 + PD/AP/medical/etc). Upgrade to premium as soon as possible.

What would be your recommendation? Follow one of the above options, or something else? Money is no concern and I expect my employer to support me with the best possible option.

Also, a couple of questions:
Q1. Since this is a new PERM, "original PERM" will be available. Is it possible to directly file EB3 I140 in premium? If it is not possible, and we file in regular & then upgrade to premium, is it usually approved for premium?
Q2. Can I actually file both EB2 I140 and EB3 I140 in premium simultaneously?

Thanks!
MMax

[mmax123]

[EDIT: Deleted duplicate post]

[qesehmk]

I have been posting replies on this thread since yesterday, but none of them show up. Qsehmk can you please let me know if the moderators are still reviewing?
Welcome to the blog and sorry for the delay. I imagine most moderators might be on vacation or more than half have been greened this year so they may not be as much active.

Good luck with your journey. As per your question - a general advice to everybody - it is a good idea to use any category and at least file 485. If 2021 was any indication - I won't carry huge hopes that USCIS will utilize all visas in 2022 either. Second - if and when foreign consulates open - fully expect the dates to retrogress significantly.

[Transformer]

What would be your recommendation? Follow one of the above options, or something else? Money is no concern and I expect my employer to support me with the best possible option.



Also, a couple of questions:
Q1. Since this is a new PERM, "original PERM" will be available. Is it possible to directly file EB3 I140 in premium? If it is not possible, and we file in regular & then upgrade to premium, is it usually approved for premium?
Q2. Can I actually file both EB2 I140 and EB3 I140 in premium simultaneously?



Based on your PD it makes sense to apply 140 in EB3. You can file EB3 140 in PP along with your 485 if your PD is current. Not advisable to apply both in Premium since you have only one original PERM. I don't see any need for you to go EB2 route. Or you can wait until October bulletin and apply 140 in whichever category more favorable to you (may be along with 485).

[mmax123]

Based on your PD it makes sense to apply 140 in EB3. You can file EB3 140 in PP along with your 485 if your PD is current. Not advisable to apply both in Premium since you have only one original PERM. I don't see any need for you to go EB2 route. Or you can wait until October bulletin and apply 140 in whichever category more favorable to you (may be along with 485).

Thanks Transformer.

To clarify, USCIS accepts EB3 I140 with premium processing for EB2 PERM without any issues?

Is it advisable to first get EB3 I140 with PP approved, before filing 485? Or the recommendation would be to concurrent file EB3 I140 in PP + 485?

[Immig7]

@Qsehmk @Transformer - Thank you very much for the response, and I agree about the vacation.

@transformer -
1. Back in October, our lawyers wanted to downgrade only if the priority date under EB3 is current for us. Else, they don't want to downgrade not knowing how things will turn up for Eb2.
2. Also, the company lawyer says that once they downgrade to EB3, we will not be able to go back to EB2 I140. I am not sure where they cancel the I140 or why they would do that, but apparently they say that once we start the downgrade Eb2 I140 will go away. I am double checking with them on why they have to do that.
3. Now, if i downgrade to Eb3 (w/o Eb2 active as per 2), and obviously the 140 approval won't come in for the next 8-9 months. In that case, will I not miss out on filing 485 as well if the Eb3 dates become current for me by then? Can I file a 485 with Eb3 I140 which has still not been approved? i thought they need an approved 140 to file 485 - with downgrade application?
4. I am just stuck with where Eb2 goes versus EB3 goes in October as nothing's clear as yet.

please let me know what you think. And thanks a bunch!

3.

[Immig7]

Thanks sstest. I have reached out to the lawyers on their insistence for an amendment as against a new 140. I guess they are going by the books. I will let you know what they come back with. Else as you said, downgrade + 485 and then 140 PP is the best bet. To think of it, if they go with a new I140 (and not an amendment), then we should be first able to do it as PP right?

[mmax123]

Based on your PD it makes sense to apply 140 in EB3. You can file EB3 140 in PP along with your 485 if your PD is current. Not advisable to apply both in Premium since you have only one original PERM. I don't see any need for you to go EB2 route. Or you can wait until October bulletin and apply 140 in whichever category more favorable to you (may be along with 485).

Thanks Transformer.

To clarify, USCIS accepts EB3 I140 with premium processing for EB2 PERM without any issues?

Is it advisable to first get EB3 I140 with PP approved, before filing 485? Or the recommendation would be to concurrent file EB3 I140 in PP + 485?

[GCkaLADDU]

Switching from H1B to EAD due to location change

Need some guidance from experts here :). I have a valid H1B visa until June 2023 and got my EAD valid for 2 years few weeks back. My current project is wrapping up and I don't want to go through an amendment to get a new project at my desired location. I am inclining towards switching to EAD but little fuzzy on what will happen to my current valid H1B if I make the switch. I know its not revoked but what exactly happens to H1B. Does it go into some kind of dormant state?

Can it still act as a plan B to keep me in status if incase something crazy happens and my AOS application is denied?

[sstest]

........ if they go with a new I140 (and not an amendment), then we should be first able to do it as PP right?

That's what is happening with one of my friends. Their company is additionally filing EB3 I-140 for every EB2 straight filer even if they are current in EB2. I can ask for details but my understanding is that without the original perm(which was used for EB2 I-140, you can not do PP.
The main issue with including PP request with I-140 is around the risk that they may reject the whole packet if perm is not available - lawyers need to request USCIS to pull it from their files(or so was I told).

I don't think anything is stopping you from turning around and filing premium as soon as you get the receipt notice.

[mitul75]

Can I file a 485 with Eb3 I140 which has still not been approved?


I-485 can be filed concurrently with I-140, or at any time after I-140 filing, as long as your priority date is current for filing and your PERM is approved.
https://www.uscis.gov/green-card/green-card-processes-and-procedures/concurrent-filing-of-form-i-485

An approved I-140 is a prerequisite for the approval of I-485.

[mmax123]

Thanks Transformer.

To clarify, USCIS accepts EB3 I140 with premium processing for EB2 PERM without any issues?

Is it advisable to first get EB3 I140 with PP approved, before filing 485? Or the recommendation would be to concurrent file EB3 I140 in PP + 485?


Hello Gurus,

I would much appreciate if I can get clarifications on my questions above.

Thanks!

[Transformer]

Thanks Transformer.

To clarify, USCIS accepts EB3 I140 with premium processing for EB2 PERM without any issues?

Is it advisable to first get EB3 I140 with PP approved, before filing 485? Or the recommendation would be to concurrent file EB3 I140 in PP + 485?


There is no EB2 PERM and EB3 PERM. If your PERM requirements qualify you for EB2 140 then they will automatically qualify you for EB3 140. That shouldn't be a problem for your EB3 PP.

As I mentioned you have both the options. But if I were you, I will apply for 140 in PP and then file for 485. This is based on what we have seen in October 2020. All the 485 applications with a 140 attached went to Nebraska or Texas where as no 140 applications went to NBC. We have seen that NBC is way faster compared to Nebraska and Texas. Hope this makes sense.

[mmax123]

Thank you very much. Yes, makes sense. My situation is better than I thought since I can apply EB3 I140 in PP directly. Yes, I think will apply I140 first, and then rest of the application, as you advised.

[sudebusa]

Thanks, andraguy!

Will go to doctor's office as soon as his staff gives me date and time and will ship the packet from there itself (good thing is doctor's office and FO are in same city, hopefully that will save a day).

Hi @PDAUG2011 -

Could you please share a little more details such as which service center and did you do EB2 to EB3 downgrade?

My PD is Sep 2011; did downgrade to EB3, applied I-485 in Oct-2020, FP is done, I-140 has been approved in early June-2021 after upgrading to PP. I am asking because my FO is also Chicago and per my last interaction with Live Agent, my application is still sitting with SRC (TX).

Thanks.

[gammaray]

Switching from H1B to EAD due to location change

Need some guidance from experts here :). I have a valid H1B visa until June 2023 and got my EAD valid for 2 years few weeks back. My current project is wrapping up and I don't want to go through an amendment to get a new project at my desired location. I am inclining towards switching to EAD but little fuzzy on what will happen to my current valid H1B if I make the switch. I know its not revoked but what exactly happens to H1B. Does it go into some kind of dormant state?

Can it still act as a plan B to keep me in status if incase something crazy happens and my AOS application is denied?

If you start using the EAD -- which in your case, since you are not changing employers, would mean employer changing the I-9 --- the H1B will have ended. And you can't go back to the H1b easily (requires consular processing and I think approval is not straightforward either).

You can't keep the current h1b active without doing a timely amendment.

[idliman]

Switching from H1B to EAD due to location change

Need some guidance from experts here :). I have a valid H1B visa until June 2023 and got my EAD valid for 2 years few weeks back. My current project is wrapping up and I don't want to go through an amendment to get a new project at my desired location. I am inclining towards switching to EAD but little fuzzy on what will happen to my current valid H1B if I make the switch. I know its not revoked but what exactly happens to H1B. Does it go into some kind of dormant state?

Can it still act as a plan B to keep me in status if incase something crazy happens and my AOS application is denied?
AOS gets rejected only for employer / employee fraud, criminal or national security type issues. There must be some extreme situations or some kind of fraud to catch the eye of AO.

I-9 is not submitted to USCIS. Employers must keep it on file for three years after hire or one year after employment is terminated, whichever is later. E-verify is optional and DHS will know immediately. If you are in the same company sometimes HR might not file updated I-9 for project change situations as it is not immediately visible to them. Whatever happens make sure that you have a valid EAD/AP. That is your safety net for this situation.

H1-B is for a specific job at a specific location for a specific employer. If anything changes you have to go through the amendment process.

[gammaray]

AOS gets rejected only for employer / employee fraud, criminal or national security type issues. There must be some extreme situations or some kind of fraud to catch the eye of AO.

I-9 is not submitted to USCIS. Employers must keep it on file for three years after hire or one year after employment is terminated, whichever is later. E-verify is optional and DHS will know immediately. If you are in the same company sometimes HR might not file updated I-9 for project change situations as it is not immediately visible to them. Whatever happens make sure that you have a valid EAD/AP. That is your safety net for this situation.

H1-B is for a specific job at a specific location for a specific employer. If anything changes you have to go through the amendment process.

This is true with regards to employers possibly not using E-verify or not updating the I-9. However, irrespective of DHS/USCIS becoming aware (or not) that the EAD is being used, the H1b has technically invalid/ended because the OP is working in a new location/client. Personally, I wouldn't risk trying to extend that H1B in the future (assuming USCIS is unaware that an EAD is being used) after not having filed an amendment at the correct time.

[tenyearsgone]

This is true with regards to employers possibly not using E-verify or not updating the I-9. However, irrespective of DHS/USCIS becoming aware (or not) that the EAD is being used, the H1b has technically invalid/ended because the OP is working in a new location/client. Personally, I wouldn't risk trying to extend that H1B in the future (assuming USCIS is unaware that an EAD is being used) after not having filed an amendment at the correct time.

I have gone through this previously. File AOS with Employer A, switched to EAD with Employer B and then back to H1B with Employer C. I joined C on EAD and filed for H1B (cap exempt based on previous H1B) with consular processing. Since I had joined on EAD, I traveled for H1B stamping when convenient and re-entered on H1B and filed a new I9 with C.

[gammaray]

I have gone through this previously. File AOS with Employer A, switched to EAD with Employer B and then back to H1B with Employer C. I joined C on EAD and filed for H1B (cap exempt based on previous H1B) with consular processing. Since I had joined on EAD, I traveled for H1B stamping when convenient and re-entered on H1B and filed a new I9 with C.

What I meant was -- OP's current H1B is valid till 2023, so him applying for an extension of that particular h1b prior to its expiry as an EOS and not CP, assuming that USCIS is not aware that the EAD is being used (Since he didn't change employers).

On a separate note, it's good to know anecdotally that switching back to h1b from EAD is successful. Murthy et al. generally advise to avoid doing that, if possible, since CP has it's associated risks.

[hubofquestions]

Hi

Need some help. My PD is Dec 2010. Due to some personal reasons I went to India and I won't be able to come back to U.S for few more months. Can I file my AOS after I come back to U.S(provided my PD is still current). I have read in some websites that if you don't file I-485 within one year of Priority date becoming current ..it is considered as abandonment of application. Is this true?

Thanks

[idliman]

I have gone through this previously. File AOS with Employer A, switched to EAD with Employer B and then back to H1B with Employer C. I joined C on EAD and filed for H1B (cap exempt based on previous H1B) with consular processing. Since I had joined on EAD, I traveled for H1B stamping when convenient and re-entered on H1B and filed a new I9 with C.
Thanks for sharing your experience.

I don't know what the PD of OP is. If it is reasonable, then he/she can give up H1-B and move on to AOS EAD/AP. Everyone likes a safety net, but sometimes situations don't allow that. OP, please make sure that you file a renewal 180 days in advance.

[srimurthy]

I have gone through this previously. File AOS with Employer A, switched to EAD with Employer B and then back to H1B with Employer C. I joined C on EAD and filed for H1B (cap exempt based on previous H1B) with consular processing. Since I had joined on EAD, I traveled for H1B stamping when convenient and re-entered on H1B and filed a new I9 with C.

Should we be focusing on if the H1B has crossed the 6 years limit, and you can still file under cap exempt? Or it has to be with in that 6 years usage limit to be considered for Cap Exempt?
Most of us who have PD's in 2010, 11, 12 will be beyond the 6 years limit of H1.

[tenyearsgone]

Should we be focusing on if the H1B has crossed the 6 years limit, and you can still file under cap exempt? Or it has to be with in that 6 years usage limit to be considered for Cap Exempt?
Most of us who have PD's in 2010, 11, 12 will be beyond the 6 years limit of H1.

The number of years doesn't matter if you have an approved I-140 and a pending AOS application. My cap-exempt extension was for over 6 years of usage.


Everyone likes a safety net, but sometimes situations don't allow that.
Agreed. It just happened in my situation that my employers were willing to move back to H1B and the lawyers also preferred that status. For folks in consulting jobs, the H1B amendment scenario comes into play frequently and so EAD might be the more frictionless option.

[hubofquestions]

Hi

Need some help. My PD is Dec 2010. Due to some personal reasons I went to India and I won't be able to come back to U.S for few more months. Can I file my AOS after I come back to U.S(provided my PD is still current). I have read in some websites that if you don't file I-485 within one year of Priority date becoming current ..it is considered as abandonment of application. Is this true?

Thanks

Hi

Any advice on this?

Thanks

[iamdeb]

My I-485 application was sent via Fedex to following address. Is it the correct address for Georgia resident?

Attn: NFB AOS
2501 S. State Hwy, 121 Business
Suite 400
Lewisville, TX 75067

[iamdeb]

can we send the I-485 application directly to NBC instead of sending it to Texas Service Center where there is a huge backlog...

[iamdeb]

can we send the I-485 application directly to NBC instead of sending it to Texas Service Center where there is a huge backlog...

would really appreciate any feedback on this topic

[Zenzone]

can we send the I-485 application directly to NBC instead of sending it to Texas Service Center where there is a huge backlog...

Not sure if you can chose the service center. You may want to check that with your attorney. I think geography and application types will dictate where to send if I'm not wrong. Also, remember that these conditions could change so your attorney should know the best.

[bangaloreboy]

Hola all,
My I-765 status changed to "New card being produced" Jul 23rd. No change in status for Derivate EAD application.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP Application RD: 28-Oct-2020
I-485/I-765 Biometrics Notice Date: 06-Mar-2021
Biometrics Completed: 01-Apr-2021
Service Center: NBC
ASC: Philly
I-765: New card being produced: 07-23-2021

[longwaitgigu]

Bangalore boy
Can u please provide ND and series
Like mine
ND- February 8
Series is MSC219076****
Thankyou

[bangaloreboy]

Hi, Its...
ND: 1/19/2021
MSC219067****

[bangaloreboy]

Hi, Its...
ND: 1/19/2021
MSC219067****

Update:
My I-765 and I-131 now show status as "Case was approved". Previous status was "New Card is Being Produced" which seems backwards, but I am not complaining!

[bangaloreboy]

Update:
My I-765 and I-131 now show status as "Case was approved". Previous status was "New Card is Being Produced" which seems backwards, but I am not complaining!

Also, chat with Emma revealed that my I-485 is still with NBC. I just hope they transfer to FO soon.

[bangaloreboy]

Also, chat with Emma revealed that my I-485 is still with NBC. I just hope they transfer to FO soon.

Meanwhile, did anybody have any hitches with USCIS correspondences/physical cards being sent to you when it coincided with your move?
We moved a week ago, USPS address change and AR-11 updates were done at the same time.
Emma mentioned that AR-11 could take 30 days to get updated. I am hoping USPS should reroute any communication to new address. Just a tiny bit nervous since it pertains to USCIS documents.

[andhraguy]

Meanwhile, did anybody have any hitches with USCIS correspondences/physical cards being sent to you when it coincided with your move?
We moved a week ago, USPS address change and AR-11 updates were done at the same time.
Emma mentioned that AR-11 could take 30 days to get updated. I am hoping USPS should reroute any communication to new address. Just a tiny bit nervous since it pertains to USCIS documents.

If you have registered for USPS mail forwarding service that should be good enough. Nothing to worry.

[bangaloreboy]

If you have registered for USPS mail forwarding service that should be good enough. Nothing to worry.

Well, my worries came true...My EAD card was sent to my old address and was then returned to sender.
Details:
I moved and put in AR-11 / USPS change of address on Jul 14th. EAD card was mailed to me on Jul 27th, destined to my previous address. It never got forwarded to new address and instead was sent back to USCIS.
Why did USCIS send the card to previous address: as per USCIS, it takes upto 30 days for AR-11 change of address to take effect
Why did USPS not forward the card to my new address: as per USCIS "All documents are sent via priority mail, this type of mail is not subject to forwarding requests". I doubt this statement, since I am not aware of any exceptions to USPS mail forwarding, except advertising mail (who wants those??). Strangely, EAD/AP approval notices got promptly forwarded to my new address.
I did raise an investigation with an USPS manager, but you very well know thats merely procedural.
To all the folks who are moving and expecting GC/EAD card delivery, keep in mind this window where the mail can fall through the cracks.

[qesehmk]

Well, my worries came true...My EAD card was sent to my old address and was then returned to sender.
Details:
I moved and put in AR-11 / USPS change of address on Jul 14th. EAD card was mailed to me on Jul 27th, destined to my previous address. It never got forwarded to new address and instead was sent back to USCIS.
Why did USCIS send the card to previous address: as per USCIS, it takes upto 30 days for AR-11 change of address to take effect
Why did USPS not forward the card to my new address: as per USCIS "All documents are sent via priority mail, this type of mail is not subject to forwarding requests". I doubt this statement, since I am not aware of any exceptions to USPS mail forwarding, except advertising mail (who wants those??). Strangely, EAD/AP approval notices got promptly forwarded to my new address.
I did raise an investigation with an USPS manager, but you very well know thats merely procedural.
To all the folks who are moving and expecting GC/EAD card delivery, keep in mind this window where the mail can fall through the cracks.

Not a big deal and no there is no conspiracy here. USPS does not forward sensitive stuff. That is true. They will resend it to your new address.

[gammaray]

Well, my worries came true...My EAD card was sent to my old address and was then returned to sender.
Details:
I moved and put in AR-11 / USPS change of address on Jul 14th. EAD card was mailed to me on Jul 27th, destined to my previous address. It never got forwarded to new address and instead was sent back to USCIS.
Why did USCIS send the card to previous address: as per USCIS, it takes upto 30 days for AR-11 change of address to take effect
Why did USPS not forward the card to my new address: as per USCIS "All documents are sent via priority mail, this type of mail is not subject to forwarding requests". I doubt this statement, since I am not aware of any exceptions to USPS mail forwarding, except advertising mail (who wants those??). Strangely, EAD/AP approval notices got promptly forwarded to my new address.
I did raise an investigation with an USPS manager, but you very well know thats merely procedural.
To all the folks who are moving and expecting GC/EAD card delivery, keep in mind this window where the mail can fall through the cracks.

Irrespective of whether priority mail is forwarded or not, USPS site says 7 to 10 business days for the change of address to kick in : https://uspstracking.space/how-long-does-usps-forward-mail-after-change-of-address/

It is common for mail to go to the old address at the start (and sometimes even after) till the system updates to the new address.

Timing of your move was unfortunate.

[mmax123]

Hello Experts,

I would very much appreciate your opinion on my situation. I was employed with Employer A and have a EB2-I PD of March 2013. I move jobs in early 2020. My new Employer B applied for EB2 PERM in early FEB 2021. Based on the DOL processing times, if there is no random audit, I am expecting the PERM to get approved in the next month or so.

I am wondering what is the best strategy for me (EB2 vs EB3). Based on latest "Chat with Charlie" and expected visa wastage, I feel that there is a good possibility that EB2-I FAD may not get current before September 2022, even if DOF becomes current in October 2021. I feel EB3 might be the best bet.

I am thinking of the below options:
1. File EB2 I140 in premium. After approval, file EB3 I140 in premium. Wait for approval before taking next action.
2. File both EB2 I140 and EB3 I140 in premium simultaneously. Wait for approval before taking next action.
3. Go ahead with full EB3 application (I140 + 485 + PD/AP/medical/etc). Upgrade to premium as soon as possible.

What would be your recommendation? Follow one of the above options, or something else? Money is no concern and I expect my employer to support me with the best possible option.

Also, a couple of questions:
Q1. Since this is a new PERM, "original PERM" will be available. Is it possible to directly file EB3 I140 in premium? If it is not possible, and we file in regular & then upgrade to premium, is it usually approved for premium?
Q2. Can I actually file both EB2 I140 and EB3 I140 in premium simultaneously?

Thanks!
MMax


Hello folks,

A quick update on my status, in case it helps anyone. Referencing my original message above.

My PERM approval came in on 8/9. My PD is March 2013 and I have been current in EB3 since August. Had a consultation with the attorney on 8/10. He recommended concurrent filing EB3 I140 PP + I485. I understand that it may not be optimal based on the forum guidance here (which was get EB3 I140 approved in PP first, then apply for I485 -- which will make I485 to go to NBC). The attorney mentioned that it would be the safest option to file concurrently. He gave me a choice. I decided to go ahead with his recommendation of concurrent filing.

Then ensued a mad rush to get all paperwork done. Attorney filed EB3 I140+I485+EAD+AP+Medicals on 8/18. I was pleasantly surprised that the law firm acted so fast. In my previous job, we had FMan as the legal firm, which would have easily taken a month or two for this paperwork.

I140 went to NSC. Received date 8/20. Approved on 9/1.

Got I797C for I485 from NSC for both my spouse & I. Received date is 8/20. Notice date is 8/24.

Now we wait for biometrics.

[tomhagen]

Not a big deal and no there is no conspiracy here. USPS does not forward sensitive stuff. That is true. They will resend it to your new address.

Learnt this hard way. USCIS send these cards in Return Service Requested. This is how it works. Your card will travel all the way to your local post office (one guy in post office gave me wrong information which caused one week of sleepless nights for me. He told in the regional distribution center immediately before your local post office they will scan the barcode and based on recipient address, if it finds mail forwarding is there on your file then it will send it back to sender with your new address information. That is not true. It will make it all the way to your local post office).

Now what many people doesn't know is USPS offers a great service called intercept package. Go to USPS home page click on receive and under that you have intercept package. When you give your tracking number it will tell you if your package is eligible for intercept. NOTE your package must NOT be in transit and it must be at one of its hopping point (postal hub) to initiate the intercept. If your package is eligible for intercept USPS will change $15.19 to intercept your package then it will give options to you. One of the option is hold at local post office then you can go and pick up.

Some times this is not possible and intercept doesn't work at all. That is where human relations come in to picture. I suggest people always maintain good relation with your mail man (not only mail man for that matter of fact any body). Treat him well and give token of appreciation in holiday period, after all he is delivering everything to you through out the year. Once it reaches local post office and if you know your mail man well and if you informed him that you are expecting this card and it so important that your life is dependent on this, he will pull out the package so that it will not be scanned in the post office and you can collect at Post Office or from him at your old mail box.

I moved when my GC is approved. As usual USCIS didn't even pick up my address change request. Strange thing is I applied for the address change for me and my wife. They processed her request but not mine and sent the GC to old address. I couldn't intercept it any where. Finally it reached the local PO and my mail man like an angel pulled the package out and called me. I went and picked it up from him. Of course I gave a pricy wine bottle. Happiness and gratitude on his face is priceless. He knows he is not going to see me any more because I already moved from that old address and I don't need to do this but in my view it is worth it for what he went way above and beyond his duty. Just imagine if he sends it back to USCIS. Now I am at USCIS mercy to update my address and then request them to send the card again to new address. GOD knows how much time it will take for address change, resending the card and having that freedom tag in my hand.

All the BEST

[monsieur]

Hello folks,

My PERM approval came in on 8/9. My PD is March 2013 and I have been current in EB3 since August. Had a consultation with the attorney on 8/10. He recommended concurrent filing EB3 I140 PP + I485. I understand that it may not be optimal based on the forum guidance here (which was get EB3 I140 approved in PP first, then apply for I485 -- which will make I485 to go to NBC). The attorney mentioned that it would be the safest option to file concurrently. He gave me a choice. I decided to go ahead with his recommendation of concurrent filing.



You did the absolutely right thing in going with Concurrent filing. Atleast this has started 180 day clock and once its over you will be done with Perm and I-140 cycles. As next yr is expected to have another good rd of spillover, in grand scheme of things concurrent will not delay much. I hope you filed your medical as well with your paperwork.

FMan gets bashing which I gets it. But in my case they were able to file my case within 20 days. I feel they are in their own world and if we ask questions based on their terminology then we make quick progress; just like when you talk to IT guy and know your way around a bit. We know our situation better than anyone, so onus is on us to be knowledgeable abt Immi process. If we have attitude of "I am Doc/Accountant/Science guy and you handle my immi, i will just sign paperwork" than being from EB-I buddy you are in for long journey.


Abundance of good info which is present in pages of this forum and just pe prepared in terms of collecting paperwork way and I bet it will be quick filing.

[mmax123]

Thanks monsieur. That was one of the reasons. The 180 clock has started and we hopefully don't have to deal with PERM/I140 ever again.

We submitted medicals as well. It was quiet a challenge to get that done in a week -- get appointments, tests, vaccinations for my spouse since she didn't have proof, chest xray for my spouse since the TB blood test came positive (no - she doesn't have TB). We somehow managed to get all that done in 4 business days.

Noted on FMan. However, I think they have different levels of service and I suspect my previous employer didn't pay for the best service, so everything was always delayed when I have worked with them. It also helps that my current attorney was not overloaded with GC filing right now (unlike Oct 2020 filings).

[bangaloreboy]

Learnt this hard way. USCIS send these cards in Return Service Requested. This is how it works. Your card will travel all the way to your local post office (one guy in post office gave me wrong information which caused one week of sleepless nights for me. He told in the regional distribution center immediately before your local post office they will scan the barcode and based on recipient address, if it finds mail forwarding is there on your file then it will send it back to sender with your new address information. That is not true. It will make it all the way to your local post office).

Now what many people doesn't know is USPS offers a great service called intercept package. Go to USPS home page click on receive and under that you have intercept package. When you give your tracking number it will tell you if your package is eligible for intercept. NOTE your package must NOT be in transit and it must be at one of its hopping point (postal hub) to initiate the intercept. If your package is eligible for intercept USPS will change $15.19 to intercept your package then it will give options to you. One of the option is hold at local post office then you can go and pick up.

Some times this is not possible and intercept doesn't work at all. That is where human relations come in to picture. I suggest people always maintain good relation with your mail man (not only mail man for that matter of fact any body). Treat him well and give token of appreciation in holiday period, after all he is delivering everything to you through out the year. Once it reaches local post office and if you know your mail man well and if you informed him that you are expecting this card and it so important that your life is dependent on this, he will pull out the package so that it will not be scanned in the post office and you can collect at Post Office or from him at your old mail box.

I moved when my GC is approved. As usual USCIS didn't even pick up my address change request. Strange thing is I applied for the address change for me and my wife. They processed her request but not mine and sent the GC to old address. I couldn't intercept it any where. Finally it reached the local PO and my mail man like an angel pulled the package out and called me. I went and picked it up from him. Of course I gave a pricy wine bottle. Happiness and gratitude on his face is priceless. He knows he is not going to see me any more because I already moved from that old address and I don't need to do this but in my view it is worth it for what he went way above and beyond his duty. Just imagine if he sends it back to USCIS. Now I am at USCIS mercy to update my address and then request them to send the card again to new address. GOD knows how much time it will take for address change, resending the card and having that freedom tag in my hand.

All the BEST

Glad to hear your mailman called you so that you could pick it up yourself...In my case, my EAD card was returned to the sender, and I finally received it 3 weeks later. All's well that ends well.

[mmax123]

EDIT: Moved this post to Application Status (https://www.qesehmk.org/forums/showthread.php/2950-Application-Status?p=84951&viewfull=1#post84951) since I think that is more appropriate.

[ImmiGiveMe]

My Application was sent to Dallas Lock Box @ (PO BOX 660867 Dallas, TX).. It is a straight filing.. So will it go to SRC or LIN or National Benefit Center (MSC)?