EB2-3 Predictions (Rather Calculations) 2015-2020

[bikenlalan]

They also moved the Filing date for EB2-I to June 1 09.

[jimmys]

The date movement last month was slow for EB3. There is little possibility like last April for a good Eb3 final date movement. Compared to 20 months back when Eb3 was stuck in March 2005 for a long time, any movement is good.

It has already moved to Jun 22,2009. It's a good sign that most of the 2009 will be taken care in this FY. I hope they don't waste any visas in EB3 for this FY. As per Oct,2018 VB, they let people file till Oct 1,2009. So anything beyond Oct 1,2009 is a great bonus for EB3-I.


As far as downgrades go, it may not impact that much for the remaining 5 months for this FY.

[jimmys]

Spillover not applied, right? Guessing it’ll be applied in the last quarter so July bulletin?

Spillover for EB2-I?

[NJMavarick]

It has already moved to Jun 22,2009. It's a good sign that most of the 2009 will be taken care in this FY. I hope they don't waste any visas in EB3 for this FY. As per Oct,2018 VB, they let people file till Oct 1,2009. So anything beyond Oct 1,2009 is a great bonus for EB3-I.


As far as downgrades go, it may not impact that much for the remaining 5 months for this FY.

I think, the EB3I FAD will move beyond October 2009 once the spill over is available in the last quarter. However, will it end up to April 2010? That is something we cannot answer at the moment.

[vyruss]

The slow movement in EB2 is making me think of porting down. Not sure about the timelines for porting, the costs involved etc., Are there any resources or weblinks that folks here can point to for reference?

[jimmys]

The slow movement in EB2 is making me think of porting down. Not sure about the timelines for porting, the costs involved etc., Are there any resources or weblinks that folks here can point to for reference?

I think it's up to your employer. They have to file another I-140 in EB3-I. I'm not sure how many employers will be in favor of fast tracking their employees' GC. Besides, if you had already filed I-485 in EB-2, it would be hard to convince your employer to go for another I-140 to get ahead.

The downgrades will pose big threat for people who have their EB3-I PDs beyond May 1,2010. I don't see it's creating troubles for people with EB3-I PDs in 2009.

[lville]

The slow movement in EB2 is making me think of porting down. Not sure about the timelines for porting, the costs involved etc., Are there any resources or weblinks that folks here can point to for reference?

My PD is EB2I May 22, 2009. And I’m thinking of downgrading too. Just talked to my lawyer and he said since my date is current in EB3, I could go ahead file 485 simultaneously. I’m seriously thinking of doing this. BTW how long is it taking to get AP and EAD now a days ? And can I travel out of country with AP/EAD without I-140 approved yet. It will take 6 months to get I-140 approved.

Most likely I’ll start my downgrade next week.

[bluelabel]

Apr bulletin is out:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-april-2019.html

3 days movement for EB2I and 1 month for EB3I
Looks like more of an approach to stop downporting

Technically it's 3 days movement but logically no movement. March bulletin had 04/09/2009 priority date which is a Thursday, Friday(04/10/2009) a good Friday holiday, 04/11/2009 is a Saturday and 04/12/2009 is a Sunday.

[tenyearsgone]

The slow movement in EB2 is making me think of porting down. Not sure about the timelines for porting, the costs involved etc., Are there any resources or weblinks that folks here can point to for reference?

The one good ref I found: https://www.linkedin.com/pulse/how-have-your-cake-eb-2-mechanics-downgrading-i-140-approval-webber/

[infotalk]

I think it's up to your employer. They have to file another I-140 in EB3-I. I'm not sure how many employers will be in favor of fast tracking their employees' GC. Besides, if you had already filed I-485 in EB-2, it would be hard to convince your employer to go for another I-140 to get ahead.

The downgrades will pose big threat for people who have their EB3-I PDs beyond May 1,2010. I don't see it's creating troubles for people with EB3-I PDs in 2009.

If costs are no issue and do you see any problem in downgrading ? I already have EAD card through EB2 with May 2009 PD.

[infotalk]

I already have EAD card with EB2 with May 09 PD. I have heard that if I downgrade to EB3 I would have to go through a GC interview, but if I dont downgrade I wont have to ? Is it true ?

What is the deal with GC interviews ? Do all categories have to do it nowadays ? If so, any comment on the interview waiting period ?

[iatiam]

I already have EAD card with EB2 with May 09 PD. I have heard that if I downgrade to EB3 I would have to go through a GC interview, but if I dont downgrade I wont have to ? Is it true ?

What is the deal with GC interviews ? Do all categories have to do it nowadays ? If so, any comment on the interview waiting period ?

Only if 485 is filed after March 2017 there is an interview required. You are exempt from it. But people are spreading rumors that interview is required to dissuade people from down porting. This is EB3 folks who don't want too many people to flood the system.

[h1bh1bh1b]

Only if 485 is filed before March 2017 there is an interview required. You are exempt from it. But people are spreading rumors that interview is required to dissuade people from down porting. This is EB3 folks who don't want too many people to flood the system.

It is otherway around Only if 485 is filed AFTER March 2017 there is an interview required
EB3 has interview and scheduling may take upto a year in New York/Silicon valley field offices

NBC center takes 6+ months to process issue EAD for all EB(1/2/3)-I category

If one have EAD, there is no need to downport, other wise one can file concurrently if DF dates are current.

[iatiam]

It is otherway around Only if 485 is filed AFTER March 2017 there is an interview required
EB3 has interview and scheduling may take upto a year in New York/Silicon valley field offices

NBC center takes 6+ months to process issue EAD for all EB(1/2/3)-I category

If one have EAD, there is no need to downport, other wise one can file concurrently if DF dates are current.

Yes, my bad. I meant to say AFTER

[gcvijay]

Yes, my bad. I meant to say AFTER

The interview thing is a kind of grey area. I wish we have a case that went through this. But if you are thinking about downgrading to eb3 on an EAD after changing employers then i believe the chances of 485 denial is higher.

Issue #7 (added Sept 19, 2018): The EB3 downgrade must be done by the same employer that did the EB2 I-140 filing. If you have a pending I-485 application and have changed employers, then the downgrade does not exist as an option for you. I thought I would add this issue based on comments I have seen.

[iatiam]

The interview thing is a kind of grey area. I wish we have a case that went through this. But if you are thinking about downgrading to eb3 on an EAD after changing employers then i believe the chances of 485 denial is higher.

Issue #7 (added Sept 19, 2018): The EB3 downgrade must be done by the same employer that did the EB2 I-140 filing. If you have a pending I-485 application and have changed employers, then the downgrade does not exist as an option for you. I thought I would add this issue based on comments I have seen.

I don't get it. Thousands have upgraded to EB2 with no issues. Why would downgrade be a problem. Where does USCIS explicitly say that an interview is required if you downgrade.

[gcvijay]

I don't get it. Thousands have upgraded to EB2 with no issues. Why would downgrade be a problem. Where does USCIS explicitly say that an interview is required if you downgrade.

Like i said I'm not sure about the interview its a grey area for me atleast and would love some experts opinion on that or even if someone can ask an attorney and chime in that would be great, but downgrading to eb3 with a pending i-485\EAD and job change is going to be tricky as the associated i-140 downgrade cannot be filed by the new job but only by the old job who holds your i-140.

[tenyearsgone]

Like i said I'm not sure about the interview its a grey area for me atleast and would love some experts opinion on that or even if someone can ask an attorney and chime in that would be great, but downgrading to eb3 with a pending i-485\EAD and job change is going to be tricky as the associated i-140 downgrade cannot be filed by the new job but only by the old job who holds your i-140.

My understanding is that if you have changed your job after you got the EAD, then the only avenue to downport is to do a new PERM and I-140. In that situation, you are not using/downgrading the old Perm/I-140 .. all you are asking is for the PD to be carried over. You'll need to also file a new I-485 I believe and that would require a Interview.

Do speak to your employer's/personal attorney to clarify.

[iatiam]

My understanding is that if you have changed your job after you got the EAD, then the only avenue to downport is to do a new PERM and I-140. In that situation, you are not using/downgrading the old Perm/I-140 .. all you are asking is for the PD to be carried over. You'll need to also file a new I-485 I believe and that would require a Interview.

Do speak to your employer's/personal attorney to clarify.

You cannot file a new 485. You can only file one 485 for any EB application. I did speak to my attorney and she did not mention the interview requuirement or new PERM. I

[swordfish380]

Slowly moving EB2-I, they might be tempting the Apr-May-June 09 folks to jump the queue to EB-3 rather than advancing EB-3 I further ahead and letting folks with later PD to jump.

Speculation:

There should a big move in eb2i, CO might be holding eb2i dates back to utilize Eb3 spill over by applying them to eb3i downgrade applications. There should be at least 2000 eb2i visa's available. eb2i date should will move to june 1 2009

[idliman]

You cannot file a new 485. You can only file one 485 for any EB application. I did speak to my attorney and she did not mention the interview requirement or new PERM. I
Please clarify. I am EB2I with PD of 23NOV09 with EAD and have changed to a new employer. I am starting a new PERM now so that I will have another option via EB3I. EB2 Vs EB3 is decided in I140 stage. I am going to decide in 9-12 months time (say JAN2020 to MAR2020) when my PERM is approved on EB2 or EB3 route. When I file I140 in Premium, will I file I485 also or not required?

[iatiam]

Please clarify. I am EB2I with PD of 23NOV09 with EAD and have changed to a new employer. I am starting a new PERM now so that I will have another option via EB3I. EB2 Vs EB3 is decided in I140 stage. I am going to decide in 9-12 months time (say JAN2020 to MAR2020) when my PERM is approved on EB2 or EB3 route. When I file I140 in Premium, will I file I485 also or not required?

You have already filed for 485. So need to amend the existing petition with new 140 info. No need to file new one. Please ask your lawyer about this. I am not a lawyer and this is based on what I knw

[idliman]

You have already filed for 485. So need to amend the existing petition with new 140 info. No need to file new one. Please ask your lawyer about this. I am not a lawyer and this is based on what I know Thank you iatiam. If anyone has more info on EB2I to EB3I down-porting with different employer, please share.

[swordfish380]

Thank you iatiam. If anyone has more info on EB2I to EB3I down-porting with different employer, please share.

I am looking for answer in months.

Question) approximately how many months "range" will it take to get green card if you were to downgrade your application from EB2i to eb3i. Assuming everything is clean and the priority date is current?

Answer). Months= ?

[idliman]

I am looking for answer in months.

Question) approximately how many months "range" will it take to get green card if you wear to downgrade your application from EB2i to eb3i. Assuming everything is clean and the priority date is current?

Answer). Months= ?
The downgrading of EB2I to EB3I for people at end of 2009 and beginning of 2010 makes sense only with I140 premium. For that you need to be with the same employer who did the PERM for you. I am hoping that they will still allow concurrent I140+I485 one year from now (there is a proposed rule to change that).

Looking at 3 months movement per year for EB2I in 2009 and till May 2010, if EB3I is ahead by three months, it is still worth a "chance". However, the safest way is to do the porting only when the FAD is current and not based on DF. My 2c. HTH.

[swordfish380]

The downgrading of EB2I to EB3I for people at end of 2009 and beginning of 2010 makes sense only with I140 premium. For that you need to be with the same employer who did the PERM for you. I am hoping that they will still allow concurrent I140+I485 one year from now (there is a proposed rule to change that).

Looking at 3 months movement per year for EB2I in 2009 and till May 2010, if EB3I is ahead by three months, it is still worth a "chance". However, the safest way is to do the porting only when the FAD is current and not based on DF. My 2c. HTH.


Please read my post again. You did not answer my question. It seems like you are answering based on your priority date which is at the end of 2009.

I only want to know how many months it will take to downgrade from eb-2 I to eb-3 I before your 485 is approved. With assumption that eb3i date is current.

[AceMan]

Please clarify. I am EB2I with PD of 23NOV09 with EAD and have changed to a new employer. I am starting a new PERM now so that I will have another option via EB3I. EB2 Vs EB3 is decided in I140 stage. I am going to decide in 9-12 months time (say JAN2020 to MAR2020) when my PERM is approved on EB2 or EB3 route. When I file I140 in Premium, will I file I485 also or not required?

Perm from initiation to the completion with advertisements will easily take more than 12 months. You can file I140 in premium and once it is approved you will do the interfile 485 only as you already have one pending. The time frame for you if you don't have any RFE's using this route is going to be 15-18 months

I am just trying to understand what motivates a person already with an EAD to take these extra activities (or stress as I see it) when you can have your GC mailed to your address within the next 18-24 months. Anticipation anxiety? urge to do something just for the sake of it and not realizing what you already have is one of the best cases?

[ferric]

Perm from initiation to the completion with advertisements will easily take more than 12 months. You can file I140 in premium and once it is approved you will do the interfile 485 only as you already have one pending. The time frame for you if you don't have any RFE's using this route is going to be 15-18 months

I am just trying to understand what motivates a person already with an EAD to take these extra activities (or stress as I see it) when you can have your GC mailed to your address within the next 18-24 months. Anticipation anxiety? urge to do something just for the sake of it and not realizing what you already have is one of the best cases?

I think you’re being optimistic with 18-24 months. EB2I is moving 3 days a month, without spillover that’s 5 years to reach Dec 2009. Perfectly understandable why someone would want to switch to EB3I in that case

[mrperfect]

Gurus, What is the chance that HR1044(Currently has 224 cosponsors) /S.386 passes (21 cosponsores) would become a law? and how does that impact the current backlog/timing

[mcmilers]

Gurus, What is the chance that HR1044(Currently has 224 cosponsors) /S.386 passes (21 cosponsores) would become a law? and how does that impact the current backlog/timing

I am not a Guru but can chime in. Chances are close to zero of HR1044 passing.

[AceMan]

I think you’re being optimistic with 18-24 months. EB2I is moving 3 days a month, without spillover that’s 5 years to reach Dec 2009. Perfectly understandable why someone would want to switch to EB3I in that case

Every year EB2 India gets 2804 visas, SO no included. In 2018 Eb2 India got about 4096 visas. Eb2 - ROW is still current and EB2 I will get some SO for FY 19.

The basic SO with the mandatory numbers would get his dates within 18-24 months as the total waiting according to the demand data is under 8000 for his dates.

3 days movement you are seeing is not a permanent feature. People need to make sure they correct the inaccurate assumptions and just jump to another category based on that.

[EB32010]

Perm from initiation to the completion with advertisements will easily take more than 12 months. You can file I140 in premium and once it is approved you will do the interfile 485 only as you already have one pending. The time frame for you if you don't have any RFE's using this route is going to be 15-18 months

I am just trying to understand what motivates a person already with an EAD to take these extra activities (or stress as I see it) when you can have your GC mailed to your address within the next 18-24 months. Anticipation anxiety? urge to do something just for the sake of it and not realizing what you already have is one of the best cases?
Why do they need to do advertisements and perm? Can’t they downgrade using EB2 PERM?

[AceMan]

Why do they need to do advertisements and perm? Can’t they downgrade using EB2 PERM?

He is keeping his EB2 petition on which he has an EAD, and his new Eb3 petition separate with a new PERM. A very smart move to avoid any potential questions.

[texas_]

Please clarify. I am EB2I with PD of 23NOV09 with EAD and have changed to a new employer. I am starting a new PERM now so that I will have another option via EB3I. EB2 Vs EB3 is decided in I140 stage. I am going to decide in 9-12 months time (say JAN2020 to MAR2020) when my PERM is approved on EB2 or EB3 route. When I file I140 in Premium, will I file I485 also or not required?


Not sure, if you can downgrade from EB2 to EB3 after changing employer ?

[idliman]

He is keeping his EB2 petition on which he has an EAD, and his new Eb3 petition separate with a new PERM. A very smart move to avoid any potential questions.

AceMan and others: Thanks for commenting. I just wanted to have a backup for EB2I. For EB2I, it might take 2 to 3 years to reach my PD (23NOV09). I expect EB3I to be current for me in 12-15 months time and not EB2I. In that case, I want to use the EB3I route without touching the existing EB2I. Now if I get PERM audits that will be different. I am the only H1B in my company (out of 300+) and non US Citizens don't get hired unless they have exceptional qualifications (like a PhD and/or subject matter expertise). So our company is not H1B dependent. And I am hoping for I140 premium to be available at that time (say MAR2020). Now, what I am not clear is what happens to I485? How long does it take for a hypothetical EB2I with pending I485 doing a down-porting (EB2 to EB3)?

[idliman]

I am just trying to understand what motivates a person already with an EAD to take these extra activities (or stress as I see it) when you can have your GC mailed to your address within the next 18-24 months. Anticipation anxiety? urge to do something just for the sake of it and not realizing what you already have is one of the best cases?
Just a backup. And I feel that the company had made so much profit utilizing my skills that the cost of PERM (~$6000) is peanuts for them. Maybe I can get the PERM done in 9 to 12 months per the law firm (best case).

[idliman]

Gurus, What is the chance that HR1044(Currently has 224 cosponsors) /S.386 passes (21 cosponsores) would become a law? and how does that impact the current backlog/timing
With MAGA DT administration and senate/house republicans in re-election mode, don't expect anything to happen (It will be a miracle). Most republicans (including Lindsey Graham) are fearing a primary challenger from Right. We have been there many times and have already been burnt repeatedly on this law. Just go on with your life assuming nothing is going to happen till the presidential elections are over.

Now if Stephen Miller tells DT that this will be a good backdoor to make wholesale changes to immigration that will be a game changer.

[AceMan]

Just a backup. And I feel that the company had made so much profit utilizing my skills that the cost of PERM (~$6000) is peanuts for them. Maybe I can get the PERM done in 9 to 12 months per the law firm (best case).

Ok. Just to be clear, if you are applying for EB3, the salary offer will have to match what you are drawing currently. Otherwise lawyers can make you accept a lower package by holding up GC carrot.

Good luck man.

[dev2010]

Just a backup. And I feel that the company had made so much profit utilizing my skills that the cost of PERM (~$6000) is peanuts for them. Maybe I can get the PERM done in 9 to 12 months per the law firm (best case).

Now a days Prevailing Wage Determination itself takes 5 months. Mine was applied in Nov and I still don't have it. After that Perm can take at least 6-8 months in best case (no audit).

[tenyearsgone]

Ok. Just to be clear, if you are applying for EB3, the salary offer will have to match what you are drawing currently. Otherwise lawyers can make you accept a lower package by holding up GC carrot.

Good luck man.

Does the salary really have to match what's on the Perm? afaik, Perm only mandates a minimum wage level. There are many companies paying well over the minimum wage level for Eb2 or Eb3.

I wouldn't worry about the salary negotiation and such. There's a good number of unsavory lawyers, but if you feel confident about your standing within the company, then there's not much risk. No harm in trying ... you can always drop the downgrade request if that's the point of contention with your lawyer.

[Ind2009]

If anyone has the idea of double dipping (one 485 each for EB2 and EB3), please be aware of the rules and consult with a good immigration attorney.
Based on the information I have, one individual can have only one valid 485 at a time.

Another reality which many folks are missing is the new requirement of interviews for every employment based 485 that was filed after March 2017.
In my case I am in EB3 and filed my 485 / 765 / 131 four months back. No sign of EAD or AP till date. I consider myself very lucky as I received my H1B extension approved this month so the delay in EAD is not going to have an impact at this time.

Also FYI, My FAD has also been current for the last 2 months. When I called USCIS, they said there is a 10 - 24 month estimated wait time for interviews to be scheduled and it also depends on work load at individual field offices. So the chances are - I will not get my GC this fiscal year in spite of a VISA number that is currently available. Since this VISA number is part of the annual allocated 140000, my number is certain to go wasted this fiscal, unless they are able to carry the unused visa numbers as spill over to EB2 India cases who had filed 485 before March 2017 (mostly in 2011-2012) and also do not require interview. So, for anyone in EB2 I with an EAD and a PD in 2009, please have patience and weigh your options before you port your category.

[HarepathekaIntezar]

When I called USCIS, they said there is a 10 - 24 month estimated wait time for interviews to be scheduled and it also depends on work load at individual field offices.
I don't believe that bro. Expect to have your Interview scheduled and you will be greened this year. Pull all the usual levers..Congressman, Senator, Ombudsman etc..

[Ind2009]

I don't believe that bro. Expect to have your Interview scheduled and you will be greened this year. Pull all the usual levers..Congressman, Senator, Ombudsman etc..

Wish it was that simple. Already reached out to congressman's office last month and they were clear that, only if the case was outside the regular processing time posted in USCIS website then they can raise it up with USCIS.
In this case since USCIS has already posted 24 month waiting time (https://egov.uscis.gov/processing-times/) and the receipt date for inquiry was March 2017 then, we just have to wait.
FYI, the receipt date for i-485 case inquiry as of this morning is April 07 2017.
After all these years of waiting, patience is certainly one of the key trait most of us in this group have picked up. Lets not loose it.
The support from this group has kept me strong for a very long time when I was just an observer until I started contributing in small bits more recently as my dates got closer.
I will continue to seek and provide support to all my brothers and sisters who are in this long and challenging journey.
So while we can always keep our hopes high and expect for miracles, we also need to be practical.
If a miracle happens, then take it as a Bonus :)

[HarepathekaIntezar]

Wish it was that simple. Already reached out to congressman's office last month and they were clear that, only if the case was outside the regular processing time posted in USCIS website then they can raise it up with USCIS.
In this case since USCIS has already posted 24 month waiting time (https://egov.uscis.gov/processing-times/) and the receipt date for inquiry was March 2017 then, we just have to wait.
FYI, the receipt date for i-485 case inquiry as of this morning is April 07 2017.
After all these years of waiting, patience is certainly one of the key trait most of us in this group have picked up. Lets not loose it.
The support from this group has kept me strong for a very long time when I was just an observer until I started contributing in small bits more recently as my dates got closer.
I will continue to seek and provide support to all my brothers and sisters who are in this long and challenging journey.
So while we can always keep our hopes high and expect for miracles, we also need to be practical.
If a miracle happens, then take it as a Bonus :)

This is a good case for the Ombudsman. If people are deemed to be eligible for final action and the final action has to wait 12 - 24 months, it does not make any sense and will result in wastage of Visas. This can also be taken up by Congressman/Senator directly with the Heads of DHS/DOS (not just a case enquiry with the congressional desk at USCIS). You need to be able to make an appointment with COS and personally explain the situation.

This should also be taken up by groups like IV et al, but all they are interested in is their own selfish interests and photo ops with politicians.

[Ind2009]

This is a good case for the Ombudsman. If people are deemed to be eligible for final action and the final action has to wait 12 - 24 months, it does not make any sense and will result in wastage of Visas. This can also be taken up by Congressman/Senator directly with the Heads of DHS/DOS (not just a case enquiry with the congressional desk at USCIS). You need to be able to make an appointment with COS and personally explain the situation.

This should also be taken up by groups like IV et al, but all they are interested in is their own selfish interests and photo ops with politicians.

That will be challenging the process of personal interviews that was introduced as part of Presidents call for extreme vetting of all immigration cases.
I know it causes hardships, but I am ready to wait in line when I have many other folks from our country who have priority date ahead of me and are also waiting for their turn.
That being said, if there is a campaign to spill over these visas to our EB-2 friends who do not need an interview, I will gladly sign it.

[iatiam]

That will be challenging the process of personal interviews that was introduced as part of Presidents call for extreme vetting of all immigration cases.
I know it causes hardships, but I am ready to wait in line when I have many other folks from our country who have priority date ahead of me and are also waiting for their turn.
That being said, if there is a campaign to spill over these visas to our EB-2 friends who do not need an interview, I will gladly sign it.

You don't have to sign any where. EB2I will end up receiving visas from EB3I and EB2ROW this FY. You see, USCIS and CO will never get the demand right. They either over-allocate or under-allocate and for good or for bad EB2I with pending 485s don't have an uneven advantage.

Iatiam

[HarepathekaIntezar]

if there is a campaign to spill over these visas to our EB-2 friends who do not need an interview, I will gladly sign it.
Nobody cares about your signature bro. To my knowledge, none of the 'campaigns' have had any effect so far.

[Ind2009]

Nobody cares about your signature bro. To my knowledge, none of the 'campaigns' have had any effect so far.

Bingo!!! Now you got it right. Nobody cares about our signatures or our voices or our escalations to ombudsman or congressmen or senators.
Hence the reason for the need for patience and wait for our turn :)
As i said earlier, the support from this group members has been the key factor in my endurance till date.
Among immigration forums there are 2 channels I follow.
While trackitt provides the much needed entertainment, Q's immigration Blog has been my key source to solid and useful information.
As always I will keep looking forward to the guru's in this forum to keep the predictions based on calculations going.
Wishing you good luck in your Hare Pathe ka intezaar and looking forward to see the status change to Hare Pathe ka Maalik :)

[HarepathekaIntezar]

Wishing you good luck in your Hare Pathe ka intezaar and looking forward to see the status change to Hare Pathe ka Maalik :)
Thanks for your wishes bro. I have been Hara since 2016, Intezar khatam ho gaya. I have pushed the envelope quite a few times and I have to say sometimes it worked and did not have any negative consequences by the grace of god.

[srimurthy]

You don't have to sign any where. EB2I will end up receiving visas from EB3I and EB2ROW this FY. You see, USCIS and CO will never get the demand right. They either over-allocate or under-allocate and for good or for bad EB2I with pending 485s don't have an uneven advantage.

Iatiam

As shared earlier in the forum, EB3I numbers can't roll over to EB2I, EB3I numbers can get allocated to EB1.
EB2I can get the spillover from EB1 or across from EB2ROW that are not used.

[rocketfast]

As shared earlier in the forum, EB3I numbers can't roll over to EB2I, EB3I numbers can get allocated to EB1.
EB2I can get the spillover from EB1 or across from EB2ROW that are not used.

Also, unused EB3I numbers will go to EB3C and EB3P first.

[iatiam]

As shared earlier in the forum, EB3I numbers can't roll over to EB2I, EB3I numbers can get allocated to EB1.
EB2I can get the spillover from EB1 or across from EB2ROW that are not used.
EB1I has the same interview requirement issue. May be not as bad as EB3I

[Ind2009]

Thanks for your wishes bro. I have been Hara since 2016, Intezar khatam ho gaya. I have pushed the envelope quite a few times and I have to say sometimes it worked and did not have any negative consequences by the grace of god.

that's funny. So it looks like you are stuck with the intazaar name forever unless there is an option to change it. Cheers.

[Ind2009]

Also, unused EB3I numbers will go to EB3C and EB3P first.

Maybe I should have worded my sentence better. When I said unused numbers from EB3 can go to EB2 I was not trying to skip the process or hiearchial structure of spill over. I was looking at the bigger picture and the reason why the numbers might not be used for EB3 inspite of my FAD being current - inability for USCIS to schedule my personal interview this fiscal year. The same case will also apply to EB1 and every one else in the chain except our friends in EB2 India who had filed 485 before 2012 and do not require an interview. Hope this adds some clarity to my thought.

[Ind2009]

EB1I has the same interview requirement issue. May be not as bad as EB3I

Excellent. This is the same point I was trying to convey in my previous message

[jd7095]

Hello I am new to this forum. I have few questions to ask..

[Ind2009]

Hello I am new to this forum. I have few questions to ask..

Welcome to the forum. How can we help you?

[h1bh1bh1b]

Maybe I should have worded my sentence better. When I said unused numbers from EB3 can go to EB2 I was not trying to skip the process or hiearchial structure of spill over. I was looking at the bigger picture and the reason why the numbers might not be used for EB3 inspite of my FAD being current - inability for USCIS to schedule my personal interview this fiscal year. The same case will also apply to EB1 and every one else in the chain except our friends in EB2 India who had filed 485 before 2012 and do not require an interview. Hope this adds some clarity to my thought.

Which is your FO. Mine got status changed to "Ready for Schedule " for Newark FO.
I am EB3-i and my PD will not be current for next 3 months

[EB2/eb3]

Which is your FO. Mine got status changed to "Ready for Schedule " for Newark FO.
I am EB3-i and my PD will not be current for next 3 months
Are u a NBC filer? Filed in October 2018?

[EB22010Dec]

Just to show how slow this process is - First post on this thread was made on - 09-09-2012, 11:44 PM by Q himself.
That was over 6 years ago, Obama did not even win his second term yet :)

[waitingsoldier]

Which is your FO. Mine got status changed to "Ready for Schedule " for Newark FO.
I am EB3-i and my PD will not be current for next 3 months

That is indeed great news, when did you file your I-140/I-485 concurrently? Also, when was your FingerPrinting done? Can the interview be scheduled without the FAD being current?

[AceMan]

Which is your FO. Mine got status changed to "Ready for Schedule " for Newark FO.
I am EB3-i and my PD will not be current for next 3 months

Newark would at least a month to get the interview scheduled. Currently EB3 is at June 22nd. If we get the expected three months movement for EB3 you would be current for June bulletin.

[jd7095]

Thanks. I want to know about re-entry process . What are the conditions ? How long it takes etc.

[Ind2009]

Which is your FO. Mine got status changed to "Ready for Schedule " for Newark FO.
I am EB3-i and my PD will not be current for next 3 months

Congrats. That is good news your interview is being scheduled which is a definite progress and milestone.
If your dates get current in the next couple of months, you should be all set.
My FO is Lawrence, Massachusetts. I am in EB3 and filed my AOS in Dec 2018.
My initial calulations were based on my colleague's case who had filed for AOS under EB1 in April 2017 had his interview in Dec 2018 at Lawrence, MA field office.
He is still waiting for his date to be current.
I'll keep this group updated if there is any movement in my case.

[Ind2009]

Can the interview be scheduled without the FAD being current?

Yes I know for sure interviews are being scheduled even when FAD is not current, based on the 485 filing date and time slot availability in respective field offices.

[waitingsoldier]

Yes I know for sure interviews are being scheduled even when FAD is not current, based on the 485 filing date and time slot availability in respective field offices.

Thank you for the quick response. My priority date is Dec 2009 in EB3I, and I filed my application in Dec 2018. Hoping for the best!
!

[mcmilers]

Monthly checkin with CO.

http://canteyhanger.com/news/immigration-news/

Same ol.... Same ol

[rocketfast]

Monthly checkin with CO.

http://canteyhanger.com/news/immigration-news/

Same ol.... Same ol

Thanks. So any hopes of limited spillover for EB2-I is gone. CO conveniently does not tell anything about EB3-I, so it will likely keep moving ahead.

[mcmilers]

Sorry for the duplicate post...

[EB22010Dec]

Thanks. So any hopes of limited spillover for EB2-I is gone. CO conveniently does not tell anything about EB3-I, so it will likely keep moving ahead.

'EB-3 India remains ahead of EB-2 India, advancing a full month for a Final Action Date of June 22, 2009.'

[waitingsoldier]

Monthly checkin with CO.

http://canteyhanger.com/news/immigration-news/

Same ol.... Same ol

Does not sound too great for EB2I and EB3I for the rest of the fiscal year :(

[KingofJoy]

Hello Gurus, long time dormant user. May be a dumb question and please move it to appropriate thread.
Q: Can i move to Employer B with a totally different title (Engineering Manager) where my I-140 is approved from employer A with Senior Developer title and re-use the I-140?

My PD is 2011 April and was for Senior software engineer and wants to take Engineering Manager with another employer who is willing to sponsor. Please let me know.

[GCdreamz]

Below comment and unsaid things about EB3I are the only positive thing in the monthly check-in with charlie. Especially since Philippines is one of the country using more unused EB3 worldwide numbers. Hope EB3I moves to Dec 2009 at least by end of FY 2019....of course more movement is always better.
"The demand for EB-3 Philippines is low, which will continue to generate forward movement."

https://www.sivisalaw.com/immigration-news/visa-bulletin/2019/03/27/check-in-with-doss-charlie-oppenheim/

[lville]

Below comment and unsaid things about EB3I are the only positive thing in the monthly check-in with charlie. Especially since Philippines is one of the country using more unused EB3 worldwide numbers. Hope EB3I moves to Dec 2009 at least by end of FY 2019....of course more movement is always better.
"The demand for EB-3 Philippines is low, which will continue to generate forward movement."

https://www.sivisalaw.com/immigration-news/visa-bulletin/2019/03/27/check-in-with-doss-charlie-oppenheim/

Since Eb2 won't get any spillover Looks like I'm finally ready to switch to EB3 (My PD EB2-I May 22,2009). I was on the fence last 2 weeks but I'm definitely doing it next week. This is just BS.

[newyorker123]

A noob question:

My India EB2 PD is in 2013. I am in the process of submitting EB1A/B I140.

1) If it gets approved, and I file I485 soon (with an effective PD of 2013), how long could it be before I get GC ? In lesser than a year ?

2) Does the I485 filing date supersede the earlier 2013 PD, and hence delay the GC for 2-3 years ?

[Raj0687]

Below comment and unsaid things about EB3I are the only positive thing in the monthly check-in with charlie. Especially since Philippines is one of the country using more unused EB3 worldwide numbers. Hope EB3I moves to Dec 2009 at least by end of FY 2019....of course more movement is always better.
"The demand for EB-3 Philippines is low, which will continue to generate forward movement."

https://www.sivisalaw.com/immigration-news/visa-bulletin/2019/03/27/check-in-with-doss-charlie-oppenheim/

I asked this question earlier, but did not see any answer may be it is too naive.
How can Philippines use more EB3 visa than their per country limit, I know they used 7K+ per year from last few years and also same with South Korea in EB2.

Do they have some treaty or the horizontal SO go to least retrogressed countries first?

[tenyearsgone]

Hello Gurus, long time dormant user. May be a dumb question and please move it to appropriate thread.
Q: Can i move to Employer B with a totally different title (Engineering Manager) where my I-140 is approved from employer A with Senior Developer title and re-use the I-140?

My PD is 2011 April and was for Senior software engineer and wants to take Engineering Manager with another employer who is willing to sponsor. Please let me know.

You cannot reuse the I140 .. you'll need a new Labor and I140. You can carry over the priority date assuming your current I140 has been pending for 6 months. Do check with Employer B's attorney to confirm.

[redsox2009]

Here is the 2019 Feb DOS data.





China
India
Mexico
Philippines
South Korea
Vietnam
ROW-SK-VET
Total


EB1
68
18
07
00
09
00
131
233


EB2
12
02
03
15
83
04
172
291



EB3
004
200
084
353
038
002
574
1255


EB4
00
07
08
08
00
04
157
184


EB5
364
017
002
003
002
019
138
545


Total
448
244
104
379
132
029
1172
2508



Filings under EB2 is slowing down, which is a piece of good news to EB2I. Also in EB3, there is a steady increase in the volume, in the future not sure how this will impact.

[EB22010Dec]

Here is the 2019 Feb DOS data.





China
India
Mexico
Philippines
South Korea
Vietnam
ROW-SK-VET
Total


EB1
68
18
07
00
09
00
131
233


EB2
12
02
03
15
83
04
172
291



EB3
004
200
084
353
038
002
574
1255


EB4
00
07
08
08
00
04
157
184


EB5
364
017
002
003
002
019
138
545


Total
448
244
104
379
132
029
1172
2508



Filings under EB2 is slowing down, which is a piece of good news to EB2I. Also in EB3, there is a steady increase in the volume, in the future not sure how this will impact.


Can some one explain what this is ... in layman terms.

[rocketfast]

How can Philippines use more EB3 visa than their per country limit, I know they used 7K+ per year from last few years and also same with South Korea in EB2.

The country quota is not category specific. So if Philippines uses 0 in EB2, they can use 5600 in EB3.

[Raj0687]

The country quota is not category specific. So if Philippines uses 0 in EB2, they can use 5600 in EB3.

Thanks, makes sense.

[KingofJoy]

You cannot reuse the I140 .. you'll need a new Labor and I140. You can carry over the priority date assuming your current I140 has been pending for 6 months. Do check with Employer B's attorney to confirm.

Thanks tenyearsgone - So i can retain my PD (i.e. 2011) even with new PERM and I-140 from new employer?

[IamGSN]

@waitingsoldier, Congrats! interview is another major milestone in GC path. Did you submit your Medical along with I-485? How long a medical is valid?

I am preparing documents will file once my date is current in May bulletin. My Lawyer asked me to do the medical and submit along with all documents, but when I approached a USCIS specified surgeon in local, he advised me that I should go for Medical only 60 days prior to Interview. Will there be any complications if I don't submit medical during initial filing.?

[waitingsoldier]

@IamGSN:
I did not do my medical as our attorney advised to wait till interview is setup. Since the medicals are valid for 2 years, it is advised to wait till interview, but you can file wtih your I-485 as well, nothing wrong in doing that.

[Tandav]

Hello Gurus, Need your valuable input. I am on EAD with 485 filled in 2012. If I want to switch the job, Do I need to file a Supplemental J 485 for job portability and get it approved by USCIS before starting my new Job ?. What would be the impact of cancelling/revoking my I-140 by the current employer before the J-485 is approved by USCIS?.

[IamGSN]

@waitingsoldier Thanks, it makes sense.

[HarepathekaIntezar]

Folks check this out:

https://www.politico.com/story/2019/04/03/jared-kushner-expand-legal-immigration-1249950?cid=apn

[jimmys]

EB-3 India is marching ahead. There's already a case on trackitt that got interviewed this month with Aug,2009 PD. There are many folks that got interview scheduled with July,2009 PDs. These cases were filed after Oct 1,2018 and interview notices sent from NBC directly with interview scheduled in local FOs. The turnaround time is less than 6 months.

May bulletin will most likely have Aug 22,2009 as FAD for EB-3 India. I wont' be surprised if EB-3 India 2010 folks get interview scheduled in the final quarter of this FY. Good luck to everyone!

[HarepathekaIntezar]

EB-3 India is marching ahead. There's already a case on trackitt that got interviewed this month with Aug,2009 PD. There are many folks that got interview scheduled with July,2009 PDs. These cases were filed after Oct 1,2018 and interview notices sent from NBC directly with interview scheduled in local FOs. The turnaround time is less than 6 months.

May bulletin will most likely have Aug 22,2009 as FAD for EB-3 India. I wont' be surprised if EB-3 India 2010 folks get interview scheduled in the final quarter of this FY. Good luck to everyone!

Good observation. It is definitely a pointer to the shape of things to come. I remember in 2015 the first time long suffering 2004 PD EB3I guys started getting RFE's and subsequently the trackitt thread was started and Dec 2004PD EB3I became current. DOS/USCIS were in a mad scramble to utilize the SO Visas. Looks like it could be a similar scenario this year for EB3I. If interview has been scheduled, then becoming current is only a matter of time and those folks can definitely hope to be greened in this FY itself.

[katana]

Guys,
Have been a lurker and a silent reader of this forum for quite some time. Please keep up the I have a few questions related to my situation. Kindly excuse me in case I posted in the wrong forum. Do appreciate any and all the help!

I have an approved I140 for my EB1B application (PD: 05/27/2017) and my I485 has been pending for about two years (concurrent filing). As you would know, the FAD for EB1 India is currently stuck at Feb 22 2017. With Charlie Oppenheim almost suggesting that no forward movement can be expected over the next several months, I am exploring making a move using AC 21 & H1-B transfer as a fall back. I am expecting to receive an exciting offer from a startup in the bay area, who have been very accommodating and willing to carry forward my EB1 GC. For this, I believe we will need to do an I485-J. My questions are:

a) Do you think I am risking my GC by attempting to move while being close to getting current? Is the next movement in EB1 I only expected to happen in the new FY? Are there any spillovers anticipated?

b) Should the I485-J be approved before I can expect my I485's adjudication? The future employer's lawyer gave me conflicting information regarding this. However, she thinks that the I 485-J can take 4-6 months for approval. So, I am worried that, if by the time my date becomes current, what would happen to my I 485 if my I485-J is still pending? I don't want to risk losing the opportunity of getting the GC the next time my date becomes current, since it is possible that the dates might retrogress/the quota is reached before they clear my I485-J.

While, the offer and the prospects at the new job look great, I don't want to risk my green card application and lose more time, having put in 2+ years into the process. Any advises and suggestions would be much appreciated!

Best,
Katana

[swordfish380]

Good observation. It is definitely a pointer to the shape of things to come. I remember in 2015 the first time long suffering 2004 PD EB3I guys started getting RFE's and subsequently the trackitt thread was started and Dec 2004PD EB3I became current. DOS/USCIS were in a mad scramble to utilize the SO Visas. Looks like it could be a similar scenario this year for EB3I. If interview has been scheduled, then becoming current is only a matter of time and those folks can definitely hope to be greened in this FY itself.


Indians find satisfaction in following other Indians blindly. This behavior is embedded in our culture and is weirdly instinctive.

If Eb3i's had stayed in their own line they would have done better this year.

The same sympathy should be for eb2i's. 2009 folks have not received GC's and this year marks 10 years in waiting.


Spec and Q , you guys have not provided your guidance for this year. With out your posts there is very little to none useful discussion. How will this year be for eb2 and 3i's?

[idliman]

a) Do you think I am risking my GC by attempting to move while being close to getting current? Is the next movement in EB1 I only expected to happen in the new FY? Are there any spillovers anticipated?

b) Should the I485-J be approved before I can expect my I485's adjudication? The future employer's lawyer gave me conflicting information regarding this. However, she thinks that the I 485-J can take 4-6 months for approval. So, I am worried that, if by the time my date becomes current, what would happen to my I 485 if my I485-J is still pending? I don't want to risk losing the opportunity of getting the GC the next time my date becomes current, since it is possible that the dates might retrogress/the quota is reached before they clear my I485-J.

The first task is to calculate, how many people are in-front of you in EB1I queue. Then come up with a conservative approach based on yearly EB1I quota. You are behind the current PD by three months, so that should take at most a year to clear.

Second is regarding the future job offer and portability. Can your new job also justify the same or similar category requirements? With EB1B, you are already special and just want to make sure that your future employer can port you safely.

I would suggest paying one of the online attorneys and having a one hour session. Having spent enough time waiting on the GC bench, one is year no deal for people with EB2I petitions. However, your situation / perspective might be different.

[HarepathekaIntezar]

totally agree @imdeng. This is a great forum and i have never seen Q push his site. in fact there was free access to that site for forum members for some time if i recall correctly.

The speculation has gone silent because there is nothing to speculate about . Without Pending Inventory we have Zero visibility as to what the size of the Queue is so how to we figure out the speed of movement? lol
USCIS has some mysterious rationale about why they don't want to disclose that report. i heard a rumor or some memo about they want you NOT to have the information to stop reverse porting.
which is just bad bad news if its true.

I think a lot of our GC hopefuls are a lot smarter than the idiots at the agencies that try to screw us over. A lot of them already have 2 Perms because they have originally filed in EB3 and then filed again via EB2. This category has nothing to lose by running in both the lanes. The bold hopefuls(those who have only EB2 Perm) and have started their porting are the real buccaneers. Lady luck always favors the brave.

[katana]

The first task is to calculate, how many people are in-front of you in EB1I queue. Then come up with a conservative approach based on yearly EB1I quota. You are behind the current PD by three months, so that should take at most a year to clear.

Second is regarding the future job offer and portability. Can your new job also justify the same or similar category requirements? With EB1B, you are already special and just want to make sure that your future employer can port you safely.

I would suggest paying one of the online attorneys and having a one hour session. Having spent enough time waiting on the GC bench, one is year no deal for people with EB2I petitions. However, your situation / perspective might be different.

Idliman, thanks a lot for your insights. I have requested the new company's attorneys for a thorough review and recommendations of both, H1-B and GC portability. I expect to hear back from them tomorrow. Based on first impressions, we should be able to satisfy the same or similar requirement.

Regarding the online attorneys - can you recommend someone? I do not mind speaking to a qualified attorney or two, and get their perspective.

It's good to know that I can hope to be current in a year at most. What is the earliest you would think I could become current (July? October?). Also, any advise on how long the 485-J approvals take? Again, appreciate all the feedback.

The way I am looking at it - even if 484 J takes 6 months to get approved, but I won't become current by October, then I should not lose my place in the queue (technically). Now, if Mr. Oppenheim is being too conservative with EB1I movement and the dates move in July, and I am stuck in 485-J approval process, then I would regret the move!

Best

[srimurthy]

Idliman, thanks a lot for your insights. I have requested the new company's attorneys for a thorough review and recommendations of both, H1-B and GC portability. I expect to hear back from them tomorrow. Based on first impressions, we should be able to satisfy the same or similar requirement.

The way I am looking at it - even if 484 J takes 6 months to get approved, but I won't become current by October, then I should not lose my place in the queue (technically). Now, if Mr. Oppenheim is being too conservative with EB1I movement and the dates move in July, and I am stuck in 485-J approval process, then I would regret the move!

Best

Katana - I was trying to understand the situation and you made a statement "I am exploring making a move using AC 21 & H1-B transfer as a fall back."

So have you applied in EB1 based on an international transfer or past manager experience outside US?
The reason I am asking this question is for the Guru's here to ponder if the above is the situation, the H1-B transfer may work but can the EB1 GC application from company B will be valid or not as the basic situation of working outside US in a branch in a manager capacity may not stand? AC21 may work, or your situation is you have a PhD or something and the above is invalid question.

[AceMan]

Does not sound too great for EB2I and EB3I for the rest of the fiscal year :(

EB3 I is moving on month to month even though the official projection in February was 3 months a bulletin. It should move along pretty well for the remainder of the fiscal year.

[katana]

Katana - I was trying to understand the situation and you made a statement "I am exploring making a move using AC 21 & H1-B transfer as a fall back."

So have you applied in EB1 based on an international transfer or past manager experience outside US?
The reason I am asking this question is for the Guru's here to ponder if the above is the situation, the H1-B transfer may work but can the EB1 GC application from company B will be valid or not as the basic situation of working outside US in a branch in a manager capacity may not stand? AC21 may work, or your situation is you have a PhD or something and the above is invalid question.

No, I am not an EB1C candidate (aka multinational manager/executive). Rather, my case was filed and approved under EB1B (Outstanding Researcher) Category. So, my understanding is the new job needs to be same or similar to the one for which I have an approved I140. And, I am confident we can prove this is the case for the job I am pursuing, but also speaking to lawyers to confirm the same.

Regards,

[HarepathekaIntezar]

EB3 I is moving on month to month even though the official projection in February was 3 months a bulletin. It should move along pretty well for the remainder of the fiscal year.

Ultimately it may work out to that 3+3+3+3=12 Months!!:rolleyes:But from what I am hearing about interviews being scheduled within 6 Months of filing I-485, April 2010 for EB3I should be current by the Sept VB.

[qesehmk]

Hello Katana

Welcome to forum. Have you thought about keeping both 485s? If not that's what I would do if I were you.

A person can be sponsored by two three or 100 different employers. So just ask your new employer to file a new EB1-B. So no risk of portability. And leave current employer on good terms with the understanding that they won't withdraw the 485. Both applications anyway are for future employment. So you should be good.

Talk to a lawyer and see if this makes sense to them.


Guys,
Have been a lurker and a silent reader of this forum for quite some time. Please keep up the I have a few questions related to my situation. Kindly excuse me in case I posted in the wrong forum. Do appreciate any and all the help!

I have an approved I140 for my EB1B application (PD: 05/27/2017) and my I485 has been pending for about two years (concurrent filing). As you would know, the FAD for EB1 India is currently stuck at Feb 22 2017. With Charlie Oppenheim almost suggesting that no forward movement can be expected over the next several months, I am exploring making a move using AC 21 & H1-B transfer as a fall back. I am expecting to receive an exciting offer from a startup in the bay area, who have been very accommodating and willing to carry forward my EB1 GC. For this, I believe we will need to do an I485-J. My questions are:

a) Do you think I am risking my GC by attempting to move while being close to getting current? Is the next movement in EB1 I only expected to happen in the new FY? Are there any spillovers anticipated?

b) Should the I485-J be approved before I can expect my I485's adjudication? The future employer's lawyer gave me conflicting information regarding this. However, she thinks that the I 485-J can take 4-6 months for approval. So, I am worried that, if by the time my date becomes current, what would happen to my I 485 if my I485-J is still pending? I don't want to risk losing the opportunity of getting the GC the next time my date becomes current, since it is possible that the dates might retrogress/the quota is reached before they clear my I485-J.

While, the offer and the prospects at the new job look great, I don't want to risk my green card application and lose more time, having put in 2+ years into the process. Any advises and suggestions would be much appreciated!

Best,
Katana

[katana]

Hello Katana

Welcome to forum. Have you thought about keeping both 485s? If not that's what I would do if I were you.

A person can be sponsored by two three or 100 different employers. So just ask your new employer to file a new EB1-B. So no risk of portability. And leave current employer on good terms with the understanding that they won't withdraw the 485. Both applications anyway are for future employment. So you should be good.

Talk to a lawyer and see if this makes sense to them.

Q, thanks for the suggestion. I will look into it.

[AceMan]

Ultimately it may work out to that 3+3+3+3=12 Months!!:rolleyes:But from what I am hearing about interviews being scheduled within 6 Months of filing I-485, April 2010 for EB3I should be current by the Sept VB.

I would think 2 months each for May and June bulletins and then the downgrades which have been happening from October - Jan will come into play as their new 140 filed would come into picture. If the numbers are manageable, July bulletin might see Eb3 I hitting January 2010. January - April 2010 this FY is a very long shot from where I see.

[AceMan]

Hello Katana

Welcome to forum. Have you thought about keeping both 485s? If not that's what I would do if I were you.

A person can be sponsored by two three or 100 different employers. So just ask your new employer to file a new EB1-B. So no risk of portability. And leave current employer on good terms with the understanding that they won't withdraw the 485. Both applications anyway are for future employment. So you should be good.

Talk to a lawyer and see if this makes sense to them.

Q, 2 active 485's ? One would be rejected right? Did you mean 140's? Is it not interfiling?

[qesehmk]

Thanks Ace for correcting. I think you are right. It's 140 that's we are talking about. He only needs one 485 to adjust his status ... he can do so using either 140 depending on which employer he is employed at or will be employed at!!

Having said that it may be entirely possible that USCIS indeed accepts two separate 485s ... I don't know. That's why speaking to lawyer is a good idea. I would hate to see someone in EB1B category shortchanged due to shortcomings of the immigration system.


Q, 2 active 485's ? One would be rejected right? Did you mean 140's? Is it not interfiling?

[sale3609]

Gurus

Seeking your advice.

My PD is April 2010. I have approved I-140 in EB3-I and EB2-I (ported) with same employer. Please guide me if should I take any action now or just wait till EB3-I touches April 2010 to downgrade. Thanks in advance.

[AceMan]

Thanks Ace for correcting. I think you are right. It's 140 that's we are talking about. He only needs one 485 to adjust his status ... he can do so using either 140 depending on which employer he is employed at or will be employed at!!

Having said that it may be entirely possible that USCIS indeed accepts two separate 485s ... I don't know. That's why speaking to lawyer is a good idea. I would hate to see someone in EB1B category shortchanged due to shortcomings of the immigration system.

I see this in avvo

https://www.avvo.com/legal-answers/can-i--file-multiple-i---485-to-uscis-----one-from-3372509.html

One lawyer suggestion is Bad idea.. While there can be multiple (2+) immigrant petitions filed on your behalf, e.g. one family-based and another employment-based and/or self-petition, in contrast there can only be one (1) I-485 AOS that you can individually file for. There cannot be two "floating in the system" concurrently.

[katana]

I see this in avvo

https://www.avvo.com/legal-answers/can-i--file-multiple-i---485-to-uscis-----one-from-3372509.html

One lawyer suggestion is Bad idea.. While there can be multiple (2+) immigrant petitions filed on your behalf, e.g. one family-based and another employment-based and/or self-petition, in contrast there can only be one (1) I-485 AOS that you can individually file for. There cannot be two "floating in the system" concurrently.

Thanks Aceman and spec. The challenge with EB1A/B is the sheer amount of evidence one needs to collect to prove one's worth. Additionally, you are required to also submit letters from experts in your area who can attest to your credentials. I am not sure how much I can reuse from my current i140 petition and having to get them all over again would easily be a 6-8 month process, including prep to for the lawyers at the very least. And after that another 2 weeks (if premium and no RFE) or 8+ months if regular.

I am more inclined towards a i485J for the above reasons and hence trying to understand what that might entail.

Regards

[aquatican]

@katana, i recently filed a I485J ( in response to RFE). if you sticking close to your original job description and field. its a pretty low risk application. with an EAD in hand this seems like a good strategy to change employers.

[katana]

@katana, i recently filed a I485J ( in response to RFE). if you sticking close to your original job description and field. its a pretty low risk application. with an EAD in hand this seems like a good strategy to change employers.

Thanks! Going by your footnote, it looks like for you it took about 3 months to get the i485j approved? Would you say I should also expect a similar timeline, or do you happen to know anyone who has been waiting for longer?

Thanks again

[aquatican]

@katana It took that time to respond to the RFE. I got the approval for supplement J relatively quick in a month or so but that doesn't mean anything. is this supplement in the current processing time chart ? that would be a better predictor.

[katana]

@katana It took that time to respond to the RFE. I got the approval for supplement J relatively quick in a month or so but that doesn't mean anything. is this supplement in the current processing time chart ? that would be a better predictor.

Nope, I don't see times listed for I485-J. I am looking at trackitt data to see how long it has been taking of late. Thanks...

[altek001]

USCIS director may be leaving sooner.
https://edition.cnn.com/2019/04/10/politics/lee-francis-cissna-chuck-grassley/index.html

[mcmilers]

USCIS director may be leaving sooner.
https://edition.cnn.com/2019/04/10/politics/lee-francis-cissna-chuck-grassley/index.html

All the changes made by the administration are only going to be negative for us.

[idliman]

All the changes made by the administration are only going to be negative for us.
I agree. For people who do not know, Cissna (Lee Francis Cissna) the current director of USCIS is an immigration hard liner. Read his profile called The Man Behind Trump's Invisible Wall in politico https://www.politico.com/magazine/story/2018/09/20/uscis-director-lee-francis-cissna-profile-220141. He worked for Senator Chuck Grassley (the famous hold in senate for Fairness of High Skilled Immigrants law). He had openly commented that he does not like the removal of per country quota. They are removing a hardliner to replace him with an extreme version of an immigration hardliner. All I can say is that the chances of anything happening this year or next for legal immigration are slim. We can pray for a Kushner miracle against Stephen Miller. The President needs to excite his base and one way is to rev-up the volume on immigration issue. DT has to present a more extreme version of himself to get reelected.

[lville]

I agree. For people who do not know, Cissna (Lee Francis Cissna) the current director of USCIS is an immigration hard liner. Read his profile called The Man Behind Trump's Invisible Wall in politico https://www.politico.com/magazine/story/2018/09/20/uscis-director-lee-francis-cissna-profile-220141. He worked for Senator Chuck Grassley (the famous hold in senate for Fairness of High Skilled Immigrants law). He had openly commented that he does not like the removal of per country quota. They are removing a hardliner to replace him with an extreme version of an immigration hardliner. All I can say is that the chances of anything happening this year or next for legal immigration are slim. We can pray for a Kushner miracle against Stephen Miller. The President needs to excite his base and one way is to rev-up the volume on immigration issue. DT has to present a more extreme version of himself to get reelected.

I for one love the way immigration is shaping up in this country. There are too many illegals and legals taking advantage of lax immigration system. They need to make it more stringent and lower per country quota ASAP. That's just me tho (BTW I'm EB2-I).

[idliman]

May 2019 VB is out.
EB1I-FA 22FEB2017 (0 days movement)
EB2I-FA 16APR2009 (+4 days movement)
EB3I-FA 01JUL2009 (+9 days movement)

[idliman]

I for one love the way immigration is shaping up in this country. There are too many illegals and legals taking advantage of lax immigration system. They need to make it more stringent and lower per country quota ASAP. That's just me tho (BTW I'm EB2-I). Just curious what made you support per country quota? Maybe you have come across too many people from India/China in the work environment that are abusing the system. What I am used to is an environment where there are only one or two individuals from China/India and the rest are from other countries. Everyone has an education from good schools in the US and there is no concept of fake resumes. If you do that you will be in jail soon. I have personally seen at least 10+ young engineers from other countries, getting GC and then Citizenship. It matters as we could not work on some exciting technical problems that involve clearances. Why should good people be punished for the actions of some bad apples?

[paramjit74]

Hello experts,

Can someone try giving best case, likely and worst case scenarios for June 8 2009 EB2 to get GC (applied 485 in 2015)? I have to take a job change related decision based on that.

[EB22010Dec]

May 2019 VB is out.
EB1I-FA 22FEB2017 (0 days movement)
EB2I-FA 16APR2009 (+4 days movement)
EB3I-FA 01JUL2009 (+9 days movement)

Can someone tell me why the movement is so slow?
Do you anticipate it to last into later this year and next?

[HarepathekaIntezar]

Gurus

Seeking your advice.

My PD is April 2010. I have approved I-140 in EB3-I and EB2-I (ported) with same employer. Please guide me if should I take any action now or just wait till EB3-I touches April 2010 to downgrade. Thanks in advance.

You are basically running in both the lanes and I don't see any issue for you to file in EB3 when you become current there. I don't think you are downgrading or upgrading, since you have both I-140 petitions already approved.

[HarepathekaIntezar]

Can someone tell me why the movement is so slow?
Do you anticipate it to last into later this year and next?

I would think so.

[EB22010Dec]

I would think so.

Can you expand on your answer .. please.

[Ind2009]

Can you expand on your answer .. please.

Item D in the May Visa bulletin might have an indication on what we can expect for the remainder of the year.
At this time, they have only referred EB1. Will have to wait and watch how the remaining categories progress.

D. CHINA-mainland born AND INDIA EMPLOYMENT-BASED FIRST (E1) PREFERENCE VISA AVAILABILITY

Despite the final action date for these two countries having been held in recent months, there continues to be an extremely high rate of demand for E1 numbers, primarily for USCIS adjustment of status applicants. This situation may require the retrogression of this final action date in an effort to limit future number use.

Such action would only be temporary, with the date for these two countries returning to the latest reached during fiscal year 2019 for October, the first month of fiscal year 2020.

[paramjit74]

Hello experts,

Can someone try giving best case, likely and worst case scenarios for June 8 2009 EB2 to get GC (applied 485 in 2015)? I have to take a job change related decision based on that.

Anyone can comment on above?

[swordfish380]

Does anyone know a report which shows how many EB2i visas were issued since Oct2018?

Reports on this link have lot of data but not exactly what i m looking for.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html

[idliman]

Can someone try giving best case, likely and worst case scenarios for June 8 2009 EB2 to get GC (applied 485 in 2015)? I have to take a job change related decision based on that.
The last release of I485 pending inventory was in July 2018. Now the DF for EB3I was open for a short time and the data for pending EB3I or updated EB2I is not available. I am sorry to dampen your spirits. However this is the *worst* case calculation. Take the country quota (~2800), divide it into four quarters and apply to the pending EB2I inventory. There are approx 2177 (=649/2+1429+1411*(9/30)) EB2I applicants in-front of you. It might take 3.1 quarters (2177*4/2800) for your PD to become current. Without quality data there cannot be any prediction unless you consult an Oracle. For best case consider, how many people have ported to EB3, spillover and people who abandoned their petitions.

One of the agenda's of this administration (which the people of USA voted democratically in the last election) is to create uncertainty and discourage immigration into this country. I believe that they are starting to find ways to implement their agenda. A few years ago people who are 3 months away would not have asked such a question.

[idliman]

Does anyone know a report which shows how many EB2i visas were issued since Oct2018?

Reports on this link have lot of data but not exactly what i m looking for.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html
I am sure some experts here have figured this out. E.g., E31 is EB3 primary, E34 is Eb3 spouse and E35 is EB3 minor children.

[altek001]

There is a huge uncertainty in green card approvals and backlog, some in Trackitt say 2009 priority dates have been stuck for about 4 years now, and we can antipicate another 3 years to clear.

I would like to hear from folks with 2010 priority dates for their fall back plans.

[newyorker123]

There is a huge uncertainty in green card approvals and backlog, some in Trackitt say 2009 priority dates have been stuck for about 4 years now, and we can antipicate another 3 years to clear.

I would like to hear from folks with 2010 priority dates for their fall back plans.

There is NO failback option.
This Admin might continue for up to 6 years (quite likely), the uncertainty for dates will continue.
For people stuck here, too bad.
Alternatives are :
- Go back to home country (India is booming - salaries are touching the roof if one has the skills, same is true of China too)
- Go to Canada/Australia etc
- Try EB1A / EB1B / EB1C

[paramjit74]

The last release of I485 pending inventory was in July 2018. Now the DF for EB3I was open for a short time and the data for pending EB3I or updated EB2I is not available. I am sorry to dampen your spirits. However this is the *worst* case calculation. Take the country quota (~2800), divide it into four quarters and apply to the pending EB2I inventory. There are approx 2177 (=649/2+1429+1411*(9/30)) EB2I applicants in-front of you. It might take 3.1 quarters (2177*4/2800) for your PD to become current. Without quality data there cannot be any prediction unless you consult an Oracle. For best case consider, how many people have ported to EB3, spillover and people who abandoned their petitions.

One of the agenda's of this administration (which the people of USA voted democratically in the last election) is to create uncertainty and discourage immigration into this country. I believe that they are starting to find ways to implement their agenda. A few years ago people who are 3 months away would not have asked such a question.

Thank you!

[NJMavarick]

It seems without pending inventory, we are at the mercy of CO. We all hoped for at least 1 month movement for EB3I but all we got is a 9 days movement. We can all speculate the reasoning behind this but the fact is that no one knows how the dates are going to progress in the future especially for EB3I. July bulletin might bring some sunshine in an otherwise dark world of visa bulletin and green card backlog.

[vsivarama]

Do you think that USCIS would be wasting the visa numbers this year onwards citing process slowdown due to GC Interviews? This administration has shown time and again that it has no qualms breaking the law when it comes to immigration and other issues.

[rocketfast]

Do you think that USCIS would be wasting the visa numbers this year onwards citing process slowdown due to GC Interviews? This administration has shown time and again that it has no qualms breaking the law when it comes to immigration and other issues.

There are no indications so far that there will be wastage of total visa numbers. They haven't wasted it for many years now. What they have done though, is given EB3 the short end of the stick with around 1k to 3k green cards the last few years of EB3-I given to other categories. We are pretty much helpless here and at the mercy of USCIS.

We already know that ROW demand in EB1 and EB2 is "full". If EB3 ROW demand becomes "full" too, we are in more pain than what we have seen so far. With economy continuing to fire all cylinders, it is not against common sense to believe that EB3 ROW demand will only increase. It will be like all our hopes coming to an absolute dead end. But, there is only so much we can do here..

[AceMan]

Do you think that USCIS would be wasting the visa numbers this year onwards citing process slowdown due to GC Interviews? This administration has shown time and again that it has no qualms breaking the law when it comes to immigration and other issues.

Come on, the visa wastage for EB3 I was the highest from 2010 through to 2017 where we lost close to 15,000 visas. The visa usage for 2018 showed close to full utilization in 2018.

[vsivarama]

Come on, the visa wastage for EB3 I was the highest from 2010 through to 2017 where we lost close to 15,000 visas. The visa usage for 2018 showed close to full utilization in 2018.

Aceman,

were they literally wasted or were they used up across other categories (which should have been used for EB3-I)? If I remember the dates in 2007 were current as that year received double the quota of visa numbers which were kind of recaptured from previous years. Do you think we have a case for hat here?

Thanks!!

[AceMan]

Aceman,

were they literally wasted or were they used up across other categories (which should have been used for EB3-I)? If I remember the dates in 2007 were current as that year received double the quota of visa numbers which were kind of recaptured from previous years. Do you think we have a case for hat here?

Thanks!!

Each category is mandated 40040 minimum visa's each year. EB3 did not utilize it when it was backlogged for the entire time barring one year during the entire Obama administration and if you look at the overall numbers it was clear that was used by other EB categories.

The point I was making was the visa wastage for EB3 was the hallmark of the previous Admin, and it is nothing new to be attributed to the Trump administration.

[GCdreamz]

Experts, can you please help me in determine the demand from July 2009 to July2010.

Based on Permchecker, I am getting 22,689 (25425-1599-1137=22,689)
I am subtracting Denied and Withdrawn cases from Total numbers to get Updated Total.
(https://www.permchecker.com/07-01-2009/to/07-01-2010)

Am I missing anything?

Also, assuming at least One dependent, the demand might be 22,689 * 2 right?

[shekhar_kuruk]

Anyone can comment on above?
Will try and help, what do you want to know? 3 - 6 months to become current, after that to get your physical GC could be another 3 - 6 months. That's the best I have for now. Plan accordingly and good luck for you job change.
What else would you like to now? Best case scenario may be just before Christmas this year.

[paramjit74]

Will try and help, what do you want to know? 3 - 6 months to become current, after that to get your physical GC could be another 3 - 6 months. That's the best I have for now. Plan accordingly and good luck for you job change.
What else would you like to now? Best case scenario may be just before Christmas this year.

Thank you !!

[Spectator]

Experts, can you please help me in determine the demand from July 2009 to July2010.

Based on Permchecker, I am getting 22,689 (25425-1599-1137=22,689)
I am subtracting Denied and Withdrawn cases from Total numbers to get Updated Total.
(https://www.permchecker.com/07-01-2009/to/07-01-2010)

Am I missing anything?

Also, assuming at least One dependent, the demand might be 22,689 * 2 right?
GCdreamz,

I don't think that is the figure you want.

What you have from Permchecker is the number of Indian PERM certified during that period, but those PERM covered PD from 2005 to 2010.

I think what you want is the number of PERM certified with a PD of July 2009 through June 2019.

The figures for this are available on this site here (http://www.qesehmk.org/forums/showthread.php/85-PERM-Breakdowns-For-PD-(including-Monthly-Breakdown)-for-China-amp-India)

This gives a figure of 16,427 as the maximum number of certifications for that PD period.

Hope that helps.

[smuggymba]

There is a huge uncertainty in green card approvals and backlog, some in Trackitt say 2009 priority dates have been stuck for about 4 years now, and we can antipicate another 3 years to clear.

I would like to hear from folks with 2010 priority dates for their fall back plans.

This wait is getting on my nerves and my PD is March 2010. I can't imagine how it feels for people with later PD's.

We just have to wait it out. The problem now is I'm getting a promotion to a project manager from analyst and confused to take it or not. From reading 100's of threads, it could go either way. How can I be in the same role for 15 years...crazy!!

[qesehmk]

This wait is getting on my nerves and my PD is March 2010. I can't imagine how it feels for people with later PD's.

We just have to wait it out. The problem now is I'm getting a promotion to a project manager from analyst and confused to take it or not. From reading 100's of threads, it could go either way. How can I be in the same role for 15 years...crazy!!

Sorry to see this Smuggymba. You are an old timer.

Hopefully now this should move faster since there are no EB3 downgrades anymore.

As per promotion - I'd say go ahead and take it i went from analyst to manager to director on same GC long time back in the same role. So as long as your nature of work essentially remains same ... don't bother much . ... but of course talk to your company lawyer.

[GCdreamz]

GCdreamz,

I don't think that is the figure you want.

What you have from Permchecker is the number of Indian PERM certified during that period, but those PERM covered PD from 2005 to 2010.

I think what you want is the number of PERM certified with a PD of July 2009 through June 2019.

The figures for this are available on this site here (http://www.qesehmk.org/forums/showthread.php/85-PERM-Breakdowns-For-PD-(including-Monthly-Breakdown)-for-China-amp-India)

This gives a figure of 16,427 as the maximum number of certifications for that PD period.

Hope that helps.

Thank you Spec for your reply and providing the details.

From 16,427 number we have to deduct 1. Withdrawn PERM applications, 2. Abandoned PERMS (unknown for sure), 3. EB3-EB2 upgrades (Unknown again) right? I am assuming 25% deduction sounds reasonable. (75% of 16K is 12K)

Also, we have to multiply the Final Number by TWO to count the dependents/Spouse. Right? (12K*2 =24K which will be 3-4 yrs with No Spill Over for July 2010 PD if we count EB2/EB3 in same queue)

Thanks for your help

[GCdreamz]

Sorry to see this Smuggymba. You are an old timer.

Hopefully now this should move faster since there are no EB3 downgrades anymore.



Hi Q, Ain't we allowed to downgrade to EB3 now? I guess you mean possibility of no downgrades by people with PD before Mar 2010.

[EB22010Dec]

Thank you Spec for your reply and providing the details.

From 16,427 number we have to deduct 1. Withdrawn PERM applications, 2. Abandoned PERMS (unknown for sure), 3. EB3-EB2 upgrades (Unknown again) right? I am assuming 25% deduction sounds reasonable. (75% of 16K is 12K)

Also, we have to multiply the Final Number by TWO to count the dependents/Spouse. Right? (12K*2 =24K which will be 3-4 yrs with No Spill Over for July 2010 PD if we count EB2/EB3 in same queue)

Thanks for your help

THANK YOU GC DREAMS and Spec.

I was looking for something similar for a long time. I am glad I found it.
Can you please expand on the below statement -

"12K*2 =24K which will be 3-4 yrs with No-Spill Over for July 2010 PD"

[qesehmk]

Hi Q, Ain't we allowed to downgrade to EB3 now? I guess you mean possibility of no downgrades by people with PD before Mar 2010.

I meant to say upgrades from EB3 to EB2. Sorry for the confusion.

[GCdreamz]

THANK YOU GC DREAMS and Spec.

I was looking for something similar for a long time. I am glad I found it.
Can you please expand on the below statement -

"12K*2 =24K which will be 3-4 yrs with No-Spill Over for July 2010 PD"

There are around 16K PERM applications. 25% of 16K is around 12K. Deducting 25% assuming some PERM applicants are no longer pursuing GC process for different reasons.

Next, I am asking for clarification that if there is at least one dependent then we have 12K (primary) + 12K (dependents) = 24K

Glad to help

[EB22010Dec]

There are around 16K PERM applications. 25% of 16K is around 12K. Deducting 25% assuming some PERM applicants are no longer pursuing GC process for different reasons.

Next, I am asking for clarification that if there is at least one dependent then we have 12K (primary) + 12K (dependents) = 24K

Glad to help

Now how does that become 3 - 4 years. ?

[AceMan]

Now how does that become 3 - 4 years. ?

The demand data of October 2015 shows a reduction of nearly 4000 from January - May 2009 for EB2. So you have to reduce that also from the 24000 calculated. Also remove the 10831 already waiting for AOS from the EB2 pending list will result in a total of around 10000 more waiting in 2009 to adjust in both EB2 and EB3.

However lot of EB2 downgrades will result in double counting of these numbers for a short while and the interest of CO to hold EB3 I at the slightest notion of demand (9 days of forward movement for most retrogressed EB3 is the proof!!!) clearly indicates 2 years will most likely be the norm to clear 2009 if the current scenario continues.

We have been lucky with low EB3 - ROW demand for the last few years. If that starts growing from next year, with the new H1 pre-approval mandate, it can extend the projected 2 year wait time to 3-4 years. More the wait time, more EB2 I will downgrade to EB3 and make the situation literally untenable for anyone beyond May 2010. I know it is a very bleak outlook, but very much plausible.

[lville]

The demand data of October 2015 shows a reduction of nearly 4000 from January - May 2009 for EB2. So you have to reduce that also from the 24000 calculated. Also remove the 10831 already waiting for AOS from the EB2 pending list will result in a total of around 10000 more waiting in 2009 to adjust in both EB2 and EB3.

However lot of EB2 downgrades will result in double counting of these numbers for a short while and the interest of CO to hold EB3 I at the slightest notion of demand (9 days of forward movement for most retrogressed EB3 is the proof!!!) clearly indicates 2 years will most likely be the norm to clear 2009 if the current scenario continues.

We have been lucky with low EB3 - ROW demand for the last few years. If that starts growing from next year, with the new H1 pre-approval mandate, it can extend the projected 2 year wait time to 3-4 years. More the wait time, more EB2 I will downgrade to EB3 and make the situation literally untenable for anyone beyond May 2010. I know it is a very bleak outlook, but very much plausible.

WOW! This is scary. My PD is May 22, 2009 and its starting to stress me out. I'm so close and yet so far. Hopefully they accept EAD dates soon, that way at-least I have an EAD/AP for travel. I was planning on switching to EB3 but have decided not to. BTW What's the projection for My PD of EB-I May 22,2009 to be current ?

[NJMavarick]

The demand data of October 2015 shows a reduction of nearly 4000 from January - May 2009 for EB2. So you have to reduce that also from the 24000 calculated. Also remove the 10831 already waiting for AOS from the EB2 pending list will result in a total of around 10000 more waiting in 2009 to adjust in both EB2 and EB3.

However lot of EB2 downgrades will result in double counting of these numbers for a short while and the interest of CO to hold EB3 I at the slightest notion of demand (9 days of forward movement for most retrogressed EB3 is the proof!!!) clearly indicates 2 years will most likely be the norm to clear 2009 if the current scenario continues.

We have been lucky with low EB3 - ROW demand for the last few years. If that starts growing from next year, with the new H1 pre-approval mandate, it can extend the projected 2 year wait time to 3-4 years. More the wait time, more EB2 I will downgrade to EB3 and make the situation literally untenable for anyone beyond May 2010. I know it is a very bleak outlook, but very much plausible.

If I interpret this correctly, the notion of EB3I Filing date moving into 2011 is no longer a possibility?

[NJMavarick]

All,

I am having a priority date of May 2011 in EB3I and was trying to figure out the possibility of me able to file my I-485 to get the EAD (At the moment even EAD will do it).

Now, between April 2010 and May 2011, I see the total PERM applications (eb2+eb3 combined) as 31063. I am reducing this number by 30% due to duplicate filings, spouse having a separate PERM and so on. This would make me arrive at 21744 PERMs.

It seems for EB2, USCIS considers 1 dependent for every primary and EB3 the ratio is 2.1. I think from 21744, the ratio of EB3 would be 25% vs 75% for EB2.

So,
EB3 = 5436 * 2.1 = 11415
EB2 = 16308 * 2 = 32616

Can I assume I have in total 44032 people waiting ahead of me?

Scenario #1 (One queue)
EB2+EB3 Visas = 5616 Visas per year. It would take ~8 more years to file my I-485 44032 / 5616)?

Scenario #2
EB3: 11415 + 8154 EB2 Downgrades (I will cap this @25% of 32616) = 19569
Considering, we get a combined total of 9000 Visas each year (including spillover), it would take 2.2 Years(approx Q1 OF 2022) for EB3I?

Scenario #3
EB3: 11415 + 13046 EB2 Downgrades (I will cap this @40% of 32616) = 24461
Considering, we get a combined total of 9000 Visas each year(including spillover), it would take 2.7 Years (approx Q2 OF 2022) for EB3I?

The only unknown is the FAD for both Eb2 and EB3 for this FY. I will have to add 8 / 2.2 / 2.7 years from the day the FAD reaches APRIL 2010.

I understand this is all a guesstimate but is my analysis accurate or I am missing something obvious?

Please feel free to correct or provide your feedback. Thanks

[Desi Dude]

WOW! This is scary. My PD is May 22, 2009 and its starting to stress me out. I'm so close and yet so far. Hopefully they accept EAD dates soon, that way at-least I have an EAD/AP for travel. I was planning on switching to EB3 but have decided not to. BTW What's the projection for My PD of EB-I May 22,2009 to be current ?

You should get your GC by Nov. BTW, did you do your Medicals, Sup J etc?

[Spectator]

It seems for EB2, USCIS considers 1 dependent for every primary and EB3 the ratio is 1.1. I think from 21744, the ratio of EB3 would be 25% vs 75% for EB2.

So,
EB3 = 5436*1.1 = 5980
EB2 = 16308 * 2 = 32616

Can I assume I have in total 38596 people waiting ahead of me?

NJMavarick,

You have an error in the initial calculation.

It should be

EB3 = 5436*2.1 = 11,416

which would change the total to 44,032

You might want to edit your post to reflect that.

[NJMavarick]

NJMavarick,

You have an error in the initial calculation.

It should be

EB3 = 5436*2.1 = 11,416

which would change the total to 44,032

You might want to edit your post to reflect that.

Thanks Spec! I have edited my post. Would you agree with my analysis?

[4WatItsWorth]

The demand data of October 2015 shows a reduction of nearly 4000 from January - May 2009 for EB2. So you have to reduce that also from the 24000 calculated. Also remove the 10831 already waiting for AOS from the EB2 pending list will result in a total of around 10000 more waiting in 2009 to adjust in both EB2 and EB3.

However lot of EB2 downgrades will result in double counting of these numbers for a short while and the interest of CO to hold EB3 I at the slightest notion of demand (9 days of forward movement for most retrogressed EB3 is the proof!!!) clearly indicates 2 years will most likely be the norm to clear 2009 if the current scenario continues.

We have been lucky with low EB3 - ROW demand for the last few years. If that starts growing from next year, with the new H1 pre-approval mandate, it can extend the projected 2 year wait time to 3-4 years. More the wait time, more EB2 I will downgrade to EB3 and make the situation literally untenable for anyone beyond May 2010. I know it is a very bleak outlook, but very much plausible.EB3-I filing date was moved to April2010 for this year. Given the small movement for May, do you think final action date will reach there before October? Or, what is your estimate for EB3-I final action dates for this year?

[rocketfast]

A few years ago, spillover was only applied the last quarter (July-Sept). Then they started applying it a little earlier to avoid wastage. This year, USCIS has accepted filing dates and there should be enough inventory built up. So it may be possible that EB3-I spillover is again only done in the last quarter and it bursts ahead in July. One can only hope as we do not have any inventory numbers.

[GCkaLADDU]

All,

I am having a priority date of May 2011 in EB3I and was trying to figure out the possibility of me able to file my I-485 to get the EAD (At the moment even EAD will do it).

Now, between April 2010 and May 2011, I see the total PERM applications (eb2+eb3 combined) as 31063. I am reducing this number by 30% due to duplicate filings, spouse having a separate PERM and so on. This would make me arrive at 21744 PERMs.

It seems for EB2, USCIS considers 1 dependent for every primary and EB3 the ratio is 2.1. I think from 21744, the ratio of EB3 would be 25% vs 75% for EB2.

So,
EB3 = 5436 * 2.1 = 11415
EB2 = 16308 * 2 = 32616

Can I assume I have in total 44032 people waiting ahead of me?

Scenario #1 (One queue)
EB2+EB3 Visas = 5616 Visas per year. It would take ~8 more years to file my I-485 44032 / 5616)?

Scenario #2
EB3: 11415 + 8154 EB2 Downgrades (I will cap this @25% of 32616) = 19569
Considering, we get a combined total of 9000 Visas each year (including spillover), it would take 2.2 Years(approx Q1 OF 2022) for EB3I?

Scenario #3
EB3: 11415 + 13046 EB2 Downgrades (I will cap this @40% of 32616) = 24461
Considering, we get a combined total of 9000 Visas each year(including spillover), it would take 2.7 Years (approx Q2 OF 2022) for EB3I?

The only unknown is the FAD for both Eb2 and EB3 for this FY. I will have to add 8 / 2.2 / 2.7 years from the day the FAD reaches APRIL 2010.

I understand this is all a guesstimate but is my analysis accurate or I am missing something obvious?

Please feel free to correct or provide your feedback. Thanks

In Scenario 2 and 3, you are factoring only EB3I queue being cleared through a combined GC allocation of 9000 (EB2+EB3). Actual timeframe would depend on how these categories get split in the combined allocation of 9000. Considering 50% split i.e 4500 for each category, you are looking at 4.3 years for scenario 2 and 5.4 years for scenario 3.

[suninphx]

Some excellent analysis by gcseeker1999. Worth a read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/1990447661/what-is-ahead-for-eb2-and-eb3/page/3 (post #47 and #48)

[qesehmk]

Some excellent analysis by gcseeker1999. Worth a read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/1990447661/what-is-ahead-for-eb2-and-eb3/page/3 (post #47 and #48)

Certainly a good summary. Thanks for posting. One thing I will add is that - and I am a broken record here - nothing is going to change unless Indians fight for justice. The people who advocate either no immigration (right wing) or status quo (corporations and state dept) are much more powerful than any advocacy group you can possibly create. The only way to make meaningful progress is fight for it in courts and call it out for what it is -DISCRIMINATION. Unless you sway public opinion and/or win a court battle the needle is not moving. Advocacy sounds logical but is limited because of the reason i laid out above.

[NJMavarick]

In Scenario 2 and 3, you are factoring only EB3I queue being cleared through a combined GC allocation of 9000 (EB2+EB3). Actual timeframe would depend on how these categories get split in the combined allocation of 9000. Considering 50% split i.e 4500 for each category, you are looking at 4.3 years for scenario 2 and 5.4 years for scenario 3.

Ouch...

Thanks! Makes sense.

[skpanda]

Friends..
I posted a question a few weeks ago but no responses yet. Therefore I am taking the liberty to post it here since this gets lot of traffic. I will get all the responses moved to approrpiate thread.

Please help provide your thoughts on this situation!

http://www.qesehmk.org/forums/showthread.php/2722-Reverse-Porting-EB2-gt-EB3-Discussion?p=61921&viewfull=1#post61921


----- pasting the question here ------
Dear Friends,
I have a situation and idea. I will reach out to my company attorney but wanted to get thoughts from you guys!

1. My job was in City X in Company A.
2. PERM/GC 1 process for EB2 was done for City X job. PD is Dec 2010 and never filed I485.
3. Company A closed City X office and asked me to start working from City Y. It is 250 miles away. Therefore the PERM/GC 1 for EB2 is no longer valid since the office is closed.
4. Company A started new PERM/GC 2 for EB2 for City Y.
5. Now Company A and Company B have merged resulting in a new company and retains the name of Company B.
6. Company B has office location in City X.

Question:
Is the PERM/GC 1 application for City X valid. If yes, can i use this to downgrade to EB3, while PERM/GC 2 application for City Y continues to be EB2.
(Provided my company agrees to extend the offer for the job for City X).

Thanks!

[tenyearsgone]

Friends..

Question:
Is the PERM/GC 1 application for City X valid. If yes, can i use this to downgrade to EB3, while PERM/GC 2 application for City Y continues to be EB2.
(Provided my company agrees to extend the offer for the job for City X).


My gut feeling is that you can use the PERM/GC1 assuming you had I-140 also filed. But TBH, my knowledge of the intricacies of PERM is shallow. There's probably very few people on this forum who can give you a very informed answer. Do let us know what your lawyer says. Best of luck!

[redsox2009]

Here is the 2019 March DOS data.





China
India
Mexico
Philippines
South Korea
Vietnam
ROW-SK-VET
Total


EB1
59
15
04
00
09
00
143
230


EB2
22
07
02
19
117
03
169
339



EB3
024
208
061
424
046
020
529
1312


EB4
00
05
03
02
01
15
123
149


EB5
133
020
000
000
020
016
042
231


Total
238
255
070
445
193
054
1006
2261

[redsox2009]

Interesting Data point in AOS at consular processing is total number of AOS in Q1 is 7075 and in Q2 it is 7076.

When compared with 2018, applications number is down by 2088 untill Q2.

Also Family based AOS at consular processing is down by 12307.

Hopefully this Employment AOS low number might show some positive impact on EB2.

[sudiva]

Hello Gurus, please help me understand possibility of Family Based Spill Over in to any of Employment Based green card numbers. I believe it was mentioned on this thread or some other discussion site at one or two places. Apologize if there is no such spill over and it was not mentioned in this blog. Thank you.

[Spectator]

Interesting Data point in AOS at consular processing is total number of AOS in Q1 is 7075 and in Q2 it is 7076.

When compared with 2018, applications number is down by 2088 untill Q2.

Also Family based AOS at consular processing is down by 12307.

Hopefully this Employment AOS low number might show some positive impact on EB2.

redsox,

Thanks as ever for posting the figures.

It's interesting that Family based Consular approvals are so low, since they represent the majority of FB approvals.

That said, CO has 6 months to corrrect that and all FB categories are retrogressed.

I think it's worth taking a deeper dive into the EB consular approval figures. Although around 2k lower than this point last year, the individual categories show differing trends.

FY2019 vs FY2018
--Diff to Date--
EB1 --- (1,846)
EB2 ------- 43
EB3 ---- 1,978
EB4 ------ 188
EB5 --- (2,451)

Total - (2,088)

With EB1, the category was Current for everybody in Q1/Q2 in FY2018 and has been retrogressed for the entire time in FY2019. The vast majority of EB1 approvals for FY2018 took place in Q1/Q2 (76%), after which EB1-I/C became heavily retrogressed, with ROW also retrogressing for the last 2 months of FY2018.

To sum up, it's not really comparing apples with apples.

The large increase in EB3 has come primarily from India (765 = 310% increase) and ROW (1,519 = 67% increase)

I'm not entirely sure what's going on with EB5.

[rocketfast]

Hello Gurus, please help me understand possibility of Family Based Spill Over in to any of Employment Based green card numbers. I believe it was mentioned on this thread or some other discussion site at one or two places. Apologize if there is no such spill over and it was not mentioned in this blog. Thank you.

Any unused FB numbers gets distributed among EB1, EB2 and EB3 categories equally (not sure whether EB5 gets it too)

Spec has provided the exact formula many times, but I can't seem to get via google search. FAQ looks to lack it too (http://www.qesehmk.org/forums/showthread.php/6-FAQs)

[sudiva]

Thank you rocketfast, for pointing me to the FAQ section.

[redsox2009]

USCIS released their data for Q1 2019 485 applications, filing of new applications are also down, this could be in line with the holding the EB1 dates. But EB3I&C filing dates advanced almost an year, EB2 filing dates were advanced by 2 months for EB2I and 6 months for EB2C.

485 Received 27893
Approved 33181



Hope more good news for long waiting people........

[delguy]

USCIS released their data for Q1 2019 485 applications, filing of new applications are also down, this could be in line with the holding the EB1 dates. But EB3I&C filing dates advanced almost an year, EB2 filing dates were advanced by 2 months for EB2I and 6 months for EB2C.

485 Received 27893
Approved 33181



Hope more good news for long waiting people........

Could you please post the link?

[redsox2009]

Could you please post the link?


Here you go.............

https://www.uscis.gov/tools/reports-studies/immigration-forms-data

[swordfish380]

Hello Spec,
Do you think there will be at least one month movement in eb2i before the end of this fiscal?

[sudiva]

Thanks for the link. How does these numbers look compared to previous Quarterly Reports? Sorry I did not go back to those reports. Will do at my earliest opportunity.

Application for Adjustment of Status (Form I-485) Quarterly Report (Fiscal Year 2019, 1st Quarter, Oct. 1-Dec. 31, 2018)

Employment-based received at service center
Applications Received 27,893
Approved 33,181
Denied 1,543
Pending 154,616

[swordfish380]

What does this mean in terms of PD movement.

[AceMan]

Hello Spec,
Do you think there will be at least one month movement in eb2i before the end of this fiscal?

I expect EB2 I to get around 2900-3000 visas for FY 2019. Based on July 2018 demand data, the best case can be June 1st 2009.

[swordfish380]

I expect EB2 I to get around 2900-3000 visas for FY 2019. Based on July 2018 demand data, the best case can be June 1st 2009.


485 inventory is bogus. You can't base anything off of it. Q and Spec have weighed in on this before.

[AceMan]

485 inventory is bogus. You can't base anything off of it. Q and Spec have weighed in on this before.

That's the last good known data you can base your predictions off. Few 485's before that had inaccurate numbers. Without it every prediction is going to be a shot in the dark.

[swordfish380]

That's the last good known data you can base your predictions off. Few 485's before that had inaccurate numbers. Without it every prediction is going to be a shot in the dark.



There is no way to validate the accurecy of last 485 inventory.
Spec and Q are of the opinion that the reports are not accurate.

If you are using this date to predict then it is equal to looking at the sky and predicting 10 day forecast.

[AceMan]

There is no way to validate the accurecy of last 485 inventory.
Spec and Q are of the opinion that the reports are not accurate.

If you are using this date to predict then it is equal to looking at the sky and predicting 10 day forecast.

I rely on the EB2 numbers shown in that report, and I based my prediction of that. We can see in the next few months if it is accurate or not.

[swordfish380]

I rely on the EB2 numbers shown in that report, and I based my prediction of that. We can see in the next few months if it is accurate or not.

I wish your prediction comes true plus one more month.

[lville]

I expect EB2 I to get around 2900-3000 visas for FY 2019. Based on July 2018 demand data, the best case can be June 1st 2009.

No chance of any spillover ? My PD is May 22, 2009 EB2-I

[AceMan]

No chance of any spillover ? My PD is May 22, 2009 EB2-I

Very meagre, similar to 2879 we got for EB2 I in FY17.

[ak7419]

Very meagre, similar to 2879 we got for EB2 I in FY17.

How far will EB2I go in FY 2019? My PD is in September and H visa expiring in August. Thinking of not renewing it.

[smuggymba]

How far will EB2I go in FY 2019? My PD is in September and H visa expiring in August. Thinking of not renewing it.

Stop thinking and renew it NOW. don't assume and don't expect, keep docs and status up to date.

[swordfish380]

How far will EB2I go in FY 2019? My PD is in September and H visa expiring in August. Thinking of not renewing it.
Don't renew h1 . It's too risky

[tenyearsgone]

Don't renew h1 . It's too risky

Not sure about the risk here. He has a EAD/AP to fall back on in the worst case. If the employer and position is solid, the risk of rejection is lower.

[swordfish380]

Based on the DOS visa usage report how may GC's were issued to eb2i this fiscal year?

[abcx13]

Job hopping in US gets tougher for H-1B visa holders

https://economictimes.indiatimes.com/nri/visa-and-immigration/job-hopping-in-us-gets-tougher-for-h-1b-visa-holders/articleshow/69091798.cms

[smuggymba]

Job hopping in US gets tougher for H-1B visa holders

https://economictimes.indiatimes.com/nri/visa-and-immigration/job-hopping-in-us-gets-tougher-for-h-1b-visa-holders/articleshow/69091798.cms

I have a friend whose H1 extension was denied - same company, same address, same role, same client...he had to go through some hoops but finally got the approval.

On L1-A side, consultants and testers continue to come from TCS/Genpact/Infosys/Capgemini (some in my company) and file in EB1-C. Absolutely no issues there.

[sudiva]

One need to ensure they use the best immigration person or attorneys to handle their case of H1B these days. Also make sure to ask questions about how their case is presented, though law firms discourage it. Many law firms are not keeping up with how to present the petition as per new USCIS expectation. Also they allow paralegals to work on the case due to their over sight or heavy work load. I was miss-guided by a paralegal and had worst consequences in sixth year of H1B. That is when things take bad turn for us. I learnt not to TRUST any one and have been asking lot of questions when petition is being prepared and submitted even though they assure every thing is taken care from their side. I have proved them wrong many times.

[tenyearsgone]

One need to ensure they use the best immigration person or attorneys to handle their case of H1B these days. Also make sure to ask questions about how their case is presented, though law firms discourage it. Many law firms are not keeping up with how to present the petition as per new USCIS expectation. Also they allow paralegals to work on the case due to their over sight or heavy work load. I was miss-guided by a paralegal and had worst consequences in sixth year of H1B. That is when things take bad turn for us. I learnt not to TRUST any one and have been asking lot of questions when petition is being prepared and submitted even though they assure every thing is taken care from their side. I have proved them wrong many times.

This is unfortunately true for many things such as immigration, tax filings, pharmacies, travel agents etc etc. Far too many mistakes are made by people who should know better just due to incompetence or uncaring attitude where they have nothing to lose due to an error, but the cost is huge for the person on the other side.

[Nishant_imt]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

[qesehmk]

Freedom at last. Many congratulations Nishant and wish you the very best in life ahead.
Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

[swordfish380]

I' wish everyone who gets green card a happy green card life and great carear ahead

Folks who are getting green card must be in 40s or late 30s. Should have sacreficed their social life.
Lost connection with extended family
Were is poor socioeconomic status as they couldn't afford decent home/cars,etc as they had single earning family member.
Couldn't meet old friends back home as they couldn't travel due to various fears.
Couldn't fulfill dream of European vacation or african safari with family due to fear of being held in immigration upon return.
There may be few who didn't attend immediate family members funeral or could not see them when they were terminally ill.

And many more...

Most of these are irreversible or even if can be done may not be as much fun when done at right time.

After 40 you don't have same energy level which you had in 20s or 30s.

Will share how it feels after getting GC.
May have diabetes or High BP by then.��

[Spectator]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

Nishant,

That's happy, happy news indeed!!

It's always nice to hear that an old timer like yourself has finally got their Green Card.

Thanks for letting us all know.

[suninphx]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

Many congratulations Nishant!

[Prabhas]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.


Congratulations Nishanth!! Enjoy the freedom!!!

[Nishant_imt]

Thanks much spec. I have sent you a personal message.

[Nishant_imt]

Thanks everyone and good luck.

[texas_]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.


Congratulations my friend ..! Enjoy the freedom.

[trackitgc]

Congratulations Nishant !!!

[GCGCGCGC]

Congratulations Nishant..

Big Thanks to Q, Spec and all other active members of this forum who provide valuable information.

[AceMan]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

Best wishes for your future.

[jimmys]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

Congratulations!

[aquatican]

I' wish everyone who gets green card a happy green card life and great carear ahead

Folks who are getting green card must be in 40s or late 30s. Should have sacreficed their social life.
Lost connection with extended family
Were is poor socioeconomic status as they couldn't afford decent home/cars,etc as they had single earning family member.
Couldn't meet old friends back home as they couldn't travel due to various fears.
Couldn't fulfill dream of European vacation or african safari with family due to fear of being held in immigration upon return.
There may be few who didn't attend immediate family members funeral or could not see them when they were terminally ill.

And many more...

Most of these are irreversible or even if can be done may not be as much fun when done at right time.

After 40 you don't have same energy level which you had in 20s or 30s.

Will share how it feels after getting GC.
May have diabetes or High BP by then.��

@swordfish380 That is so true and sad. The cost of being in immigration limbo is so high. One of the worst periods in my life was the 3 years from 2012-2015 where i restarted my EB-2 process in 2012 and was working with a consulting company . I became an expert in the dreaded E-V-C client letter issues. Mind you it was still not as bad as now where this model is pretty much under intense scrutiny. My life became so much simpler and stress free once i filed my I485 and got some great jobs using EAD.
I sometimes think - is the opportunity cost, stress and arrested career really worth the GC? I know there is significant inertia of being here and having a life here but not having a basic right to work while being highly educated, talented and hard-working. And the thousands of dollars sent to USCIS and thousands more to lawyers.
Sometimes it feels like there is a deliberate attempt to retain this system in place.

[gten20]

Hey guys,
After 10 years and 1 month, I finally got the message that the card is being produced. This after RFE at each step before I 485 and 6 RFEs after at I-485 stage ( all medical and job related), $13k spending in different fee (other then what company paid) and mistakes on USCIS end in 2014 ( sent the same RFE that I already responded and they accepted).

My biggest thanks to Big Brother Q and Spec. You guys may not know what this blog means to people like me. It gave me continuity in a process that is totally, otherwise, opaque. Thank you so very much.

Congratulations! You made it.

[srimurthy]

@swordfish380
I sometimes think - is the opportunity cost, stress and arrested career really worth the GC? I know there is significant inertia of being here and having a life here but not having a basic right to work while being highly educated, talented and hard-working. And the thousands of dollars sent to USCIS and thousands more to lawyers.
Sometimes it feels like there is a deliberate attempt to retain this system in place.

We may recoup or survive a 3 to 5 year loss in career growth but beyond that like the current scenario of 10 years leaves us no where for sure. The estimate of 2 to 3 years to get a EAD when we filed under EB2 between 2008 and 2011, has snowballed to 10 years and once you go past the initial 5 years and kids start building roots here, it because difficult to relocate and we just have to leave it to fate.

[qesehmk]

Green Card is of course quite liberating. But don't give Green Card the power to take away key moments of your life or career. If you feel like buying a house, moving to a new job, having kids ... go for it. Of course there is risk ... but lost time does not come back. Remember that too.. Good luck to you all friends.

[AceMan]

Green Card is of course quite liberating. But don't give Green Card the power to take away key moments of your life or career. If you feel like buying a house, moving to a new job, having kids ... go for it. Of course there is risk ... but lost time does not come back. Remember that too.. Good luck to you all friends.

Well said Q, Live life to the fullest, with no regrets.

[rotikapdaaurgc]

Well said Q, Live life to the fullest, with no regrets.

I’ve been a passive member here for quite sometime now.

I agree that even though we are waiting for around 10+ years for a piece of plastic, we should not forget that life is a journey, a ride that only stops when you die. Spend time with your family, your kids. Buy that house that you want for your kids to grow up in. Take vacations and stay connected with family members. Otherwise you will end up with lot of regrets later in life.

Avoid that feeling of helplessness by staying connected to people and relationships that matter.

[sudiva]

Very valuable words of (GREEN) wisdom. Thanks for sharing them here.

I came across below at the link http://canteyhanger.com/news/immigration-news/ and thought of mentioning it on this thread.
>>>>>>>>>>>>>>>>>>>>>>
April 24, 2019
Check-in with Department of State’s Charlie Oppenheim regarding the May 2019 Visa Bulletin

Employment-Based Preference Categories

EB-1:
Charlie cautions to not expect any forward movement for the EB-1 China and EB-1 India categories for the remainder of FY 2019, but hopefully we will see a full recovery of the Final Action Dates for India and China by October 2019, the first month of the new FY.

EB-2 Worldwide
Charlie continues to predict that based on current demand levels the EB-2 Worldwide will remain current throughout FY 2019.

EB-2 and EB-3 India
In May 2019 the EB-2 India category advances a total of four days, to a Final Action Date of April 16, 2009. EB-3 India remains ahead of EB-2 India, advancing one week for a Final Action Date of July 1, 2009. While Charlie is starting to see increased demand for EB-2 India numbers, he indicated that this category will move up to one week if this increased demand does not continue.

EB-2 and EB-3 China
In May 2019 the EB-2 China Final Action Date advances six weeks to May 15, 2016, and EB-3 China again advances three weeks for a Final Action Date of August 22, 2015. Charlie expects the EB-2 China category to continue to advance at a pace of up to several months unless demand dramatically increases. Members should expect EB-3 China to continue to advance at a pace of up to three weeks.

EB-3 Philippines
The Final Action Date for EB-3 Philippines advances 3 months in May to June 1, 2018. Members should expect continued aggressive advancement in this category for the foreseeable future.

EB-4
The Final Action Dates for EB-4 El Salvador, Guatemala and Honduras hold at March 8, 2016 in May. The Final Action Date for EB-4 Mexico advances four months to August 1, 2018. Members should expect continued forward movement in EB-4 Mexico until this category reaches it per country limit (possibly in July or August), at which time its date will match that of EB-4 El Salvador, Guatemala and Honduras. EB-4 El Salvador, Guatemala and Honduras can be expected to have forward movement before the end of this FY unless worldwide demand in this category increases.
<<<<<<<<<<<<<<<<<<<<<<

[swordfish380]

Very valuable words of (GREEN) wisdom. Thanks for sharing them here.

I came across below at the link http://canteyhanger.com/news/immigration-news/ and thought of mentioning it on this thread.
>>>>>>>>>>>>>>>>>>>>>>
April 24, 2019
Check-in with Department of State’s Charlie Oppenheim regarding the May 2019 Visa Bulletin

Employment-Based Preference Categories

EB-1:
Charlie cautions to not expect any forward movement for the EB-1 China and EB-1 India categories for the remainder of FY 2019, but hopefully we will see a full recovery of the Final Action Dates for India and China by October 2019, the first month of the new FY.

EB-2 Worldwide
Charlie continues to predict that based on current demand levels the EB-2 Worldwide will remain current throughout FY 2019.

EB-2 and EB-3 India
In May 2019 the EB-2 India category advances a total of four days, to a Final Action Date of April 16, 2009. EB-3 India remains ahead of EB-2 India, advancing one week for a Final Action Date of July 1, 2009. While Charlie is starting to see increased demand for EB-2 India numbers, he indicated that this category will move up to one week if this increased demand does not continue.

EB-2 and EB-3 China
In May 2019 the EB-2 China Final Action Date advances six weeks to May 15, 2016, and EB-3 China again advances three weeks for a Final Action Date of August 22, 2015. Charlie expects the EB-2 China category to continue to advance at a pace of up to several months unless demand dramatically increases. Members should expect EB-3 China to continue to advance at a pace of up to three weeks.

EB-3 Philippines
The Final Action Date for EB-3 Philippines advances 3 months in May to June 1, 2018. Members should expect continued aggressive advancement in this category for the foreseeable future.

EB-4
The Final Action Dates for EB-4 El Salvador, Guatemala and Honduras hold at March 8, 2016 in May. The Final Action Date for EB-4 Mexico advances four months to August 1, 2018. Members should expect continued forward movement in EB-4 Mexico until this category reaches it per country limit (possibly in July or August), at which time its date will match that of EB-4 El Salvador, Guatemala and Honduras. EB-4 El Salvador, Guatemala and Honduras can be expected to have forward movement before the end of this FY unless worldwide demand in this category increases.
<<<<<<<<<<<<<<<<<<<<<<

This is a month old article not sure if this is a authentic report neither Murthy nor others have reported this.

[texas_]

Please guide me

Scenario:
I am working for employer A and they have sponsored me green card process. In the green card process my Perm is approved and my I 140 is also approved in EB3.

Now I got another offer from employer B and they are also sponsoring H1 and green card processing.

Question:
While I start working on employer B and my perm is pending with them can I come back with employer A where I already have perm/i140 approved with them? Would this be valid?

Please guide
Thanks

[cursedguy]

This is the best advise you can get, for people who are still on H1 or on EAD. Dont wait for GC to reach the milestones in your life. Buying a house should really depend on your income and the stability of the Job. Im in the third house now, since I applied for GC.


I came to this forum to thank the moderators and all the people who give advice. I just got green card under EB2 (Priority date - april 15 2009). I really appreciate the work you are doing to help fellow immigrants.

[techastro]

This is the best advise you can get, for people who are still on H1 or on EAD. Dont wait for GC to reach the milestones in your life. Buying a house should really depend on your income and the stability of the Job. Im in the third house now, since I applied for GC.


I came to this forum to thank the moderators and all the people who give advice. I just got green card under EB2 (Priority date - april 15 2009). I really appreciate the work you are doing to help fellow immigrants.
Congrats on your GC !! Did you receive any RFE this year?

I am on April 28, 2009 and have EAD and I got one very good job offer that pays 75% more than what I am getting right now. I have an approved 485J from last year. But I am wondering if I receive one more RFE with Sup J my new employer may not provide. Confused !!

[techastro]

This is the best advise you can get, for people who are still on H1 or on EAD. Dont wait for GC to reach the milestones in your life. Buying a house should really depend on your income and the stability of the Job. Im in the third house now, since I applied for GC.


I came to this forum to thank the moderators and all the people who give advice. I just got green card under EB2 (Priority date - april 15 2009). I really appreciate the work you are doing to help fellow immigrants.

Congrats for the long awaited GC !! May I ask you few questions as I am sitting at April 28, 2009?

1) Did you receive any RFEs this year?
2) If yes, did they ask you Sup J?

The reason being, I submitted Sup J last year and it is approved. I am waiting for my EAD renewal to be done before October 30. But if I start apply the renewal now I am worried if that will trigger one more Sup J.
Also I got one job offer than is 75% more than what I get now but I am worried to take that if they send the RFE for Sup J, my new employer may not work with me well on that. Confused !!

[smuggymba]

Congrats on your GC !! Did you receive any RFE this year?

I am on April 28, 2009 and have EAD and I got one very good job offer that pays 75% more than what I am getting right now. I have an approved 485J from last year. But I am wondering if I receive one more RFE with Sup J my new employer may not provide. Confused !!

1.) You are very close to the finish line so why take risk.

2.) Ask your new employer CLEARLY..will they give Supp J or not? Are the job resps same or not? If same, go for it; even if slightly diff, I would say don't introduce risk.

[newsletter1978]

Hello Gurus, my EB2 priority date is Oct 29, 2009. While my priority date is still a bit away, i would like to be prepared for i485 application. Can folks here suggest good lawyers/reliable lawyers for i485 application, i am in chicago.

[texas_]

Hello Gurus, my EB2 priority date is Oct 29, 2009. While my priority date is still a bit away, i would like to be prepared for i485 application. Can folks here suggest good lawyers/reliable lawyers for i485 application, i am in chicago.

You have EB2 Priority date but are you going to file 485 in EB2 or EB3?

[newsletter1978]

You have EB2 Priority date but are you going to file 485 in EB2 or EB3?

I plan to wait out for EB2 to become current.

[LASHAB]

I plan to wait out for EB2 to become current.

it may not become current in next FY as the SO has been dismal since 2016 and outlook doesn't look too bright for this and next FY.

[HarepathekaIntezar]

I plan to wait out for EB2 to become current.

Going to be a loooong wait bro.

[HarepathekaIntezar]

Green Card is of course quite liberating. But don't give Green Card the power to take away key moments of your life or career. If you feel like buying a house, moving to a new job, having kids ... go for it. Of course there is risk ... but lost time does not come back. Remember that too.. Good luck to you all friends.

Well said. Funny that I bought my home before I got the GC and sold it after I got the GC:rolleyes:

[idliman]

I plan to wait out for EB2 to become current.
I am assuming that you have already filed for I485 under a different category. Submitting I485 gives you extra protection once you pass the 180 days pending timeframe (AC21 law / same or similar category occupation). Needless to say you also get an EAD/AP. You can keep using your H1B and keep the EAD/AP only for emergency use. USCIS typically allows "DF" dates in October. So if you are looking to start your I485 clock you should do it.

[almost]

Green Card is of course quite liberating. But don't give Green Card the power to take away key moments of your life or career. If you feel like buying a house, moving to a new job, having kids ... go for it. Of course there is risk ... but lost time does not come back. Remember that too.. Good luck to you all friends.

Very well said Q, I could not agree more and would heavily recommend the same. From personal experience; my priority date is 5/1/09 (got my EAD in 2012) and after waiting for a couple of years I abandoned the H1 and moved to EAD and became self employed which has been rewarding both professionally and financially. Also bought a home in 2009 when the market was good and now have 10 years in it with decent equity. On top of all that, most importantly, I stopped worrying over the status as it was not in my control and left it to god. It has been one the most liberating things and I have travelled freely to India and wherever else we have wanted to go, and whenever, with no worries and have lived the way we have wanted to. This is not to say the life has been a dream but there are certainly no regrets at my end.

So...for all those who are holding their careers or worse your life.... Do yourself a favor and DON'T. Find the best job you can and live in the house you have wanted to. If anything, those things only strengthen your case. Just have a good lawyer look at the options for you before jumping on things. A 1 hr paid consultation is worth every penny if you go in planned with all your questions and followup questions on paper.

[NJMavarick]

Visa Bulletin out! Depressing...no change in FAD for EB3I

[rocketfast]

Visa Bulletin out! Depressing...no change in FAD for EB3I

We simply do not know whether CO has already applied possible spillovers or will wait till the last quarter. The optimist will say that only 2800 EB3-I green cards are needed to get EB3I to go to current FAD. And the spillover will be applied in the final quarter.

[idliman]

Visa Bulletin out! Depressing...no change in FAD for EB3I
June 2019 VB is out.
EB1I-FA 01JAN2015 (-783 days movement)
EB2I-FA 19APR2009 (+3 days movement)
EB3I-FA 01JUL2009 (0 days movement)

[NJMavarick]

We simply do not know whether CO has already applied possible spillovers or will wait till the last quarter. The optimist will say that only 2800 EB3-I green cards are needed to get EB3I to go to current FAD. And the spillover will be applied in the final quarter.

I do think that spillovers are not applied! However, we are at the mercy of CO and I personally feel there is no method to his madness and there is no data to back-up the 0 days movement. He is and will always be conservative when it comes to moving the dates.

[rocketfast]

The EB5-I getting a FAD probably tells that there may be a few smart ones in EB2/EB3 seeing the writing on the wall and moving over to EB5.

[NJMavarick]

The EB5-I getting a FAD probably tells that there may be a few smart ones in EB2/EB3 seeing the writing on the wall and moving over to EB5.

Given the seminars that are being conducted in India for EB5 by various law firms, I am not surprised. There are quite a few folks in India who can easily afford to pay 500K$ to get into EB5.

[lville]

Hey June bulletin is out. Looks like Eb2-I moved 3 days but technically only 1 day as April 17 & 18 is Sat and Sun

[dharmindesai]

Hello Folks,

Long time follower, first time poster. I have a priority date of November 2010 with Company A. I moved to Company B in 2016 but haven't bothered restarting my GC process due to the company policy of no promotions (grade freeze) from the time of perm application to GC application. Now the company is pressuring me to start the perm process but I still haven't received the promotion I have been after all this while :( The decision I am trying to make is whether to stick to the current company and hope I will get a GC soon enough (in next 3 years or so), or start exploring options at a different company.

The other issue I see is it will be at least 12 to 18 months before the new company will start my perm. Add another 18 months to get Perm + I-140. Is there even a remote chance I will get current just to get EAD by then?My spouse has been on H4 for about 11 years, finally been able to work since last couple of years via H4-EAD which might be taken away anytime. The dilemma we are in is do I continue at my dead end job so that we do not miss the EAD boat?

Any helps or suggestions are appreciate. Thank you!

[AceMan]

We simply do not know whether CO has already applied possible spillovers or will wait till the last quarter. The optimist will say that only 2800 EB3-I green cards are needed to get EB3I to go to current FAD. And the spillover will be applied in the final quarter.

I don't think SO has been applied yet. We might still get to June 1st 2009 for EB2, and October 1st 2009 for EB3. 3 month movement for EB3-P is very interesting. They have the potential to be current over the next 6 months.

[GCdreamz]

I don't think SO has been applied yet. We might still get to June 1st 2009 for EB2, and October 1st 2009 for EB3. 3 month movement for EB3-P is very interesting. They have the potential to be current over the next 6 months.

Good point Aceman. Hope Philippines get Current soon and stop consuming Rest of the World Spill Over. More likely Next FY they will consume very very less SO. Just hoping.

[canada]

Hello Gurus, my EB2 priority date is Oct 29, 2009. While my priority date is still a bit away, i would like to be prepared for i485 application. Can folks here suggest good lawyers/reliable lawyers for i485 application, i am in chicago.


I am August 2009 and I am now not even sure for the entire FY 2020 looking the way the visa bulletin is progressing.Hate to say this but you might be lucky in FY 2021

[swordfish380]

Hello Spec and Q ,


It is time of the year where you have to provide us some guidance. You are the only Guru's we know of.

Based on the data you have collected so far. How many EB2india visas are left to be assigned for 2019 Fiscal.

This is not too much to ask for?

[vbollu]

Compared to Jan 2019 bulletin with June one, EB2 FAD moved only 18 days, EB3 FAD moves 122 days where as EB2 - FD moved 10 days and EB3 - FD moved 0 days. don't know what to expect in the coming bulletins.

[vyruss]

EB1 retrogresses, EB5 will in July. So does this mean there will not be any spillover for this year to EB2I?

Not sure about what the typical avenues for spillover are...if someone can throw some light it would be good.

[saagar_is_cool]

My Priority date is April 17 2009 EB2I. I am finally current again in the June 2019 bulletin. I have a couple of questions and looking for help/advise here.

1. Come June 1, what can and should I do. I have read about SR, congressman, senator, Ombudsman in some forum posts. Not sure if there are any other avenues. How long should I wait before trying any of these - 10 days, 20 days. Also, is there any other channel besides the above.
2. My current EAD/AP expires on October 8 and apparently now, you can apply for renewal 6 months before. Should I apply for renewal or wait atleast until June. Will they reject the EAD/AP renewal if my GC is approved. Is it worth to get the renewal application after June 1 so someone in USCIS will “see” my case and approve GC and reject EAD/AP.

Please advise.

[idliman]

My Priority date is April 17 2009 EB2I. I am finally current again in the June 2019 bulletin. I have a couple of questions and looking for help/advise here.

1. Come June 1, what can and should I do. I have read about SR, congressman, senator, Ombudsman in some forum posts. Not sure if there are any other avenues. How long should I wait before trying any of these - 10 days, 20 days. Also, is there any other channel besides the above.
2. My current EAD/AP expires on October 8 and apparently now, you can apply for renewal 6 months before. Should I apply for renewal or wait atleast until June. Will they reject the EAD/AP renewal if my GC is approved. Is it worth to get the renewal application after June 1 so someone in USCIS will “see” my case and approve GC and reject EAD/AP.

Please advise.
Reg 1. No practical knowledge on this. If your congressman is willing to do it, then there is no need to wait. Some congressman will not do any followup's unless an "y" number of days had passed (say 30 or 60).
Reg 2. Apply for renewal ASAP. Don't "hope" or "wait" for GC approval. I am assuming that you are doing the renewal yourself and you don't need to pay an fees. The new I-765 form is more detailed than the old one. So it might take a little bit more time. Better to be safe than sorry.

[mcmilers]

I agree with idliman. Apply for EAD renewal anyways.

[delguy]

EB1 retrogresses, EB5 will in July. So does this mean there will not be any spillover for this year to EB2I?

Not sure about what the typical avenues for spillover are...if someone can throw some light it would be good.

There very well could be from EB2 Row specially considering that EB2-ROW is current and CO didnt say anything about retrogressing it. Same applies for EB3 too.

[rocketfast]

There very well could be from EB2 Row specially considering that EB2-ROW is current and CO didnt say anything about retrogressing it. Same applies for EB3 too.

There is also a possibility of spillovers from Family quota. If Trump admin is lengthening the process on EB side, they could very well be doing the same in FB side. RedSox posted a few weeks back that for the first half of the year, FB was 12000 numbers behind.

[techastro]

I agree with idliman. Apply for EAD renewal anyways.

Quick Q, does the EAD renewal triggers RFE for Sup J again though we have an already approved Sup J last year? I am sitting with April 28,2009 PD and my current EAD expires on October 12, 2019. Thanks

[bikenlalan]

There is also a possibility of spillovers from Family quota. If Trump admin is lengthening the process on EB side, they could very well be doing the same in FB side. RedSox posted a few weeks back that for the first half of the year, FB was 12000 numbers behind.

I do not think spillovers can be applied from FB to EB in the same FY. Any unused FB this FY will spill over to EB next FY.

[rocketfast]

I do not think spillovers can be applied from FB to EB in the same FY. Any unused FB this FY will spill over to EB next FY.

Right. If I remember correctly, they start applying it in the first quarter of the next FY itself.

[saagar_is_cool]

Reg 1. No practical knowledge on this. If your congressman is willing to do it, then there is no need to wait. Some congressman will not do any followup's unless an "y" number of days had passed (say 30 or 60).
Reg 2. Apply for renewal ASAP. Don't "hope" or "wait" for GC approval. I am assuming that you are doing the renewal yourself and you don't need to pay an fees. The new I-765 form is more detailed than the old one. So it might take a little bit more time. Better to be safe than sorry.
Thank you. I will check who our local congressman is, and what their policy is. For 2. the EAD/AP card expires on October 8, so I was thinking of waiting through June and apply anyways before 120 days. Now that EAD renewal is automatic for 6 months post expiry if you apply before expiration date, I was thinking of doing wait and watch. But I will take your advice and renew it to have 1 less thing to worry about.

[paramjit74]

Experts - need your advice.

My priority date is June 2009. I have an approved EB3 140 from 2011 and ported that date to EB2 140 approved in 2013 with the same company. I filed 485 in 2015 based on EB2 filing dates. I am no longer with that company.

Now my date is current under EB3 but not under EB2. Can I request USCIS to use my EB3 140 for my 485. If yes what is the procedure and is there any risk in doing so?

[delguy]

I do not think spillovers can be applied from FB to EB in the same FY. Any unused FB this FY will spill over to EB next FY.

Agree and they get divided equally into all EB categories. So unless there is a significant spillover from FB, it wont change the EB2 needle much. The good news is that EB2/3 ROW is still current and therefofe can yield horizontal spillover that will all go to India. EB2 May and June 2009 are very dense and need some push for PD to move over them. I hope we get the numbers to eat these 2 months and more 🤣