EB2-3 Predictions (Rather Calculations) 2015-2020

[idliman]

Aim of this post is to create some awareness.

I concur with this great post. Please do whatever it takes to make sure that your I485 is filed before end of Oct. You never know if the DF will remain open in Nov / Dec or not.

Just look at the case of people with PDs starting May 1, 2010. They had to wait multiple years to apply for I485 and AC21 benefits. AC21 job portability is a great benefit. Essentially 180 days from Receipt date on I485 you become a "free agent". Sadly when the movement stops, this is going to create such a difference to the people that have filed AOS vs those who could not.

[vedu]

Also, we shouldn't feel guilty about screwing FB for our own benefit. With legislation like S.386, we were essentially asking for the same thing, "to screw ROW for our own benefit". FB can wait for a couple of years. My dear father recently passed in India due to COVID, and I couldn't even attend his funeral due to this mess. Hopefully, I can attend his one year passing event (Shraddha) if this mess clears up for me in a year. So, everybody is in pain, and the pain is real.

[redsox2009]

Thanks Redsox for your analysis. It seems to me that a lot depends on FB categories opening up, and embassies opening up.
Has this process started already ? The following page indicates that international offices are almost all closed: https://www.uscis.gov/about-us/uscis-office-closings

You are pointing to USCIS field offices and which is good sign for people who are applying AOS within US.

[longwaitgigu]

I haven't posted any post for long time i.e. since June 2020.

Aim of this post is to create some awareness.

My advice to any person who are applying for new 485, I recommend to get it done before Oct 2nd 2020, if you miss that dead line then try to meet Oct 12th, if you miss the Oct 12th timeline then Oct 31st. (Why oct 2nd and Oct 11t, read USCIS news you will undersatnd.) (If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing)

Coming to new Filing dates, I doubt these dates will last till Decemeber 2020. If not by next month dates might retrogress.

If US embassies around the world are opened then the GC consumption at the emabassies will be high, PHILIPPINES and MEXICO will consume more EB3 and South Korea will consume more at EB2/EB3 categories. These countries might consume close to 10K, these numbers are derived from previous years usage.

For Year 2021, there are 261K Visas avaliable for EB categeory and 226K Visas avaliable for FB categeory. 7% of these Visas it is close to 34k.

Close to 90K(Primary and dependents) EB1 Indians are eagerly waiting to apply, and No EB1 Indians has applied whose dates are beyond 2018 March. (Direct Source:- https://www.uscis.gov/sites/default/files/document/data/I140_app_by_country_FY2015-2020_Q1_Q2.pdf)

Close to 300K applicants are eligible to apply under EB3 Indian Categoery. (Check Perm approvals from May 2011 to Jan 1st 2015 and mutiply by 2.5 numbers)

Close to 130K applicants under EB2 Indian Categoery. (Check Perm approvals and mutiply by 2)

If you have chance to apply 485 and if you miss this chance and if embassies opens up and embassies runs business as normal, it might take close to 10/15 years for these dates to become current again.


If you apply 485 in OCT, and your application might be tocuched sometime in March/April next year as the processing time for 485 application is minmun 6 months now it can go upto 9 months. You need to keep an eye how COVID is behaving around that time of the year and Also Economical and Political issues.

Many companies are trying to discourage to downgrade the applications, Please use every avaliable means/resources to apply 485 before OCT 2nd or OCT 12th or OCT 31st, but please try to apply AS FAST AS you can.


More Analysis to follow and will be flowing as I come with more analysis.
Thankyou for excellent analysis and do agree submission of I 485 - faster the better. Our attorney has still not send list of docs and nothing is in our control.
As per our situation- our company and attorney is going to take 2 months ( it's one of the biggest companies- dont know why they will take 2 months.) There is no pressure we can create apart from request. Attorney says they have to check labor which is applied 11 years ago and make sure job is still there( LOL my spouse works since 2006 and just filed again for h1b extension)
My spouse PD is oct 2010-eb3. Do you think we have chances to be current by FAD by end of this FY? As I am also concerned with DF been closed and company taking forever. We are still going to be applying AP and Ead just in case( I will like suggestions based on our PD). Do you think we should submit medicals with i485?
I am still optimistically thinking of DF to open till December 2020.

[Turbulent_Dragonfly]

Also, we shouldn't feel guilty about screwing FB for our own benefit. With legislation like S.386, we were essentially asking for the same thing, "to screw ROW for our own benefit". FB can wait for a couple of years. My dear father recently passed in India due to COVID, and I couldn't even attend his funeral due to this mess. Hopefully, I can attend his one year passing event (Shraddha) if this mess clears up for me in a year. So, everybody is in pain, and the pain is real.

So sorry to hear about your father, bud. This year has been devastating to say the least. My Dad is also pretty close to departing, so won't be surprised if I go through the same. Sucks...

[Turbulent_Dragonfly]

My attorney asked me to get the medicals done. If they come in before Oct 8/9, it will be sent, else we will send it later. Bottom line, she wants the application in before Oct 12.

[EB22010Dec]

I haven't posted any post for long time i.e. since June 2020.

Aim of this post is to create some awareness.

My advice to any person who are applying for new 485, I recommend to get it done before Oct 2nd 2020, if you miss that dead line then try to meet Oct 12th, if you miss the Oct 12th timeline then Oct 31st. (Why oct 2nd and Oct 11t, read USCIS news you will undersatnd.) (If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing)

Coming to new Filing dates, I doubt these dates will last till Decemeber 2020. If not by next month dates might retrogress.

If US embassies around the world are opened then the GC consumption at the emabassies will be high, PHILIPPINES and MEXICO will consume more EB3 and South Korea will consume more at EB2/EB3 categories. These countries might consume close to 10K, these numbers are derived from previous years usage.

For Year 2021, there are 261K Visas avaliable for EB categeory and 226K Visas avaliable for FB categeory. 7% of these Visas it is close to 34k.

Close to 90K(Primary and dependents) EB1 Indians are eagerly waiting to apply, and No EB1 Indians has applied whose dates are beyond 2018 March. (Direct Source:- https://www.uscis.gov/sites/default/files/document/data/I140_app_by_country_FY2015-2020_Q1_Q2.pdf)

Close to 300K applicants are eligible to apply under EB3 Indian Categoery. (Check Perm approvals from May 2011 to Jan 1st 2015 and mutiply by 2.5 numbers)

Close to 130K applicants under EB2 Indian Categoery. (Check Perm approvals and mutiply by 2)

If you have chance to apply 485 and if you miss this chance and if embassies opens up and embassies runs business as normal, it might take close to 10/15 years for these dates to become current again.


If you apply 485 in OCT, and your application might be tocuched sometime in March/April next year as the processing time for 485 application is minmun 6 months now it can go upto 9 months. You need to keep an eye how COVID is behaving around that time of the year and Also Economical and Political issues.

Many companies are trying to discourage to downgrade the applications, Please use every avaliable means/resources to apply 485 before OCT 2nd or OCT 12th or OCT 31st, but please try to apply AS FAST AS you can.


More Analysis to follow and will be flowing as I come with more analysis.

I am super worried reading this post, as I might not be able to file at this time due to job changes.
My PD is Dec2010 in EB2. Other Gurus, is this true, if I miss now, do I really need to wait for 10/15 years ?

[longwaitgigu]

I am super worried reading this post, as I might not be able to file at this time due to job changes.
My PD is Dec2010 in EB2. Other Gurus, is this true, if I miss now, do I really need to wait for 10/15 years ?
My spouse PD is oct 2010-eb3- i140 is approved too and still I am extremely worried - company lawyer and company is not hurrying up at all

[sjayanthi]

Without any doubt don't come back just for 485. File CP. Earn the foreign assignment credit with the employer and come back on a much bigger position as well as right to EB1C. Good luck.

Thank you so much for responding. I did not realize we can do a CP with DOF. I will double check and explore this possibility as a back pocket.

[vedu]

So sorry to hear about your father, bud. This year has been devastating to say the least. My Dad is also pretty close to departing, so won't be surprised if I go through the same. Sucks...

So sorry to hear about your father as well. Stay strong. Your priority date looks closer to mine. Hopefully, we will get our GCs this year, and then can visit our families and ask for forgiveness for not being there during the darkest time in their lives.

[alpha0]

I am super worried reading this post, as I might not be able to file at this time due to job changes.
My PD is Dec2010 in EB2. Other Gurus, is this true, if I miss now, do I really need to wait for 10/15 years ?

Not for your PD. I belive your PD (final action date) will be current in next 1 year or so, so even if USCIS stops accepting filing dates due to large inventory built up, you would not have to wait long to file based on final action date.

[EB22010Dec]

Not for your PD. I belive your PD (final action date) will be current in next 1 year or so, so even if USCIS stops accepting filing dates due to large inventory built up, you would not have to wait long to file based on final action date.

I was hoping the same thing and I was not sweating.
But @Redsox post sent chills down my spine.

Can other gurus please chime in.

[vbollu]

I agree that it is because of the Trump EO side-effects that we got this record spillover from FB to EB. It is great for people who are waiting for an EAD. Myself and my spouse had benefited from the AOS EAD since 2012, as do numerous folks till May 2010. Please note that the DF based EAD will not prevent age-out of kids. However, what I was saying was that this spillover is only in paper. If two years of Indian Backlog clears, then DT would have done more to the backlog than what #43 and #44 did for EB immigrants. It is my personal opinion that most of the spillover will be wasted using some excuse (I will be very happy if I am wrong and most including myself get their GCs).

You keep talking as if that only Sen Durbin killed S386. Yes, he played a big role in it. Ultimately it was killed by Rick Scott / Republicans with S. Miller standing in the shadows. I was saying for a long time that at the last-minute DT can call a southern Senator and put a hold. Sadly, that’s what happened. Before Durbin, it was Sen Grassley. It can easily be Sen Cotton. Someone either from R’s or D’s had always shown up to kill Fairness Bill.

So, if you want to support DT for the purpose of giving a lot of people EAD’s accidentally, I have no problems with it. It is the truth.

I know that many of you are optimistic about some kind of immigration reform. I have been waiting since 2009, however to my limited knowledge there is no chance of anything happening on the immigration front. Immigration is considered a losing case and there is less appetite to take it up in the first term of any new president. Everyone in the world other than Indians are benefiting from country cap. It will be impossible to get rid of it (without a CIR).

I don’t think you or I were wrong. It is just the optics. Supporting D’s or R’s does not mean anything. Historically R’s have supported legal immigration. However, this time R’s have aligned with white nationalists that hate Brown skinned folks. Peace.


Both are same doing dirty politics when it comes to legal immigration, none are less. Let's move on politics from now and we will concentrate first to get atleast EAD, I believe this is the last chance for EB3 and Eb-2 immigrations to get the Ead who have priority date of 2013 or less, if any one miss this golden chance they have to wait for almost a decade. I know people who got suffered almost a decade who filed on or after april 1 2010. don't waste this opportunity, best of luck for all immigrants who are going to file the I-485.

[redsox2009]

Also, we shouldn't feel guilty about screwing FB for our own benefit. With legislation like S.386, we were essentially asking for the same thing, "to screw ROW for our own benefit". FB can wait for a couple of years. My dear father recently passed in India due to COVID, and I couldn't even attend his funeral due to this mess. Hopefully, I can attend his one year passing event (Shraddha) if this mess clears up for me in a year. So, everybody is in pain, and the pain is real.

Sorry for your loss. But don't feel guilty about screwing FB for our own benefit.

Dharm Eva Hato Hanti, Dharmo Rakshati Rakshitah!
Tasma Dharmo Na Hantvyo, Ma No Dharmo Hato Vadhit!!

You are just following the law and you are not violating. No Guilt.

[donkeykong]

Hi,
We have a 2010 PD and 2011 PD in the family (Both EB2). 2010 PD is with previous employer and the current employer is submitting a PERM. So we are applying based on 2011 PD.
In the future if 2010 PD becomes current, can we switch to that one? (Assuming we have EAD from 2011 application)

Thank you,

[redsox2009]

I am super worried reading this post, as I might not be able to file at this time due to job changes.
My PD is Dec2010 in EB2. Other Gurus, is this true, if I miss now, do I really need to wait for 10/15 years ?

By end of the year or start of next year Oct 2021 you will get the chance to file again.

[EB22010Dec]

By end of the year or start of next year Oct 2021 you will get the chance to file again.

Can you please expand on this ... 90k people seems to be a lot of people, especially at 2500 a year.

[redsox2009]

I was hoping the same thing and I was not sweating.
But @Redsox post sent chills down my spine.

My aim is not to send Chills or make you worried, I wanted everyone to take advantage of the situation. Last Thursday I was unable to put my phone down and it kept ringing till night 9:00 PM and many people in my circle contacts me before they approach an attorney. I forgot about the Q blog or else I would have done some research over the weekend. Now many people in my circle are doing beg/borrow/pay option, requesting the company to pay or begging company they will pay out of their pocket. Please take advantage of the situation.

Personally, I want my calculations to be wrong and all Indians can take advantage of the situation for a longer period.

One more thing to remember USCIS/STATE DEPT wants inventory in case if more GC's will be available by end of the year or next year. Their intention to make their Jobs easier, so take advantage of this situation.

[longwaitgigu]

@ redsox2009
Do u see chance of DF to be open for eb3 2010 till end of December 2020.
Should I be extremely worried coz of my lawyers and company slow process will miss the boat- I am really looking for ur valuable inputs for PD of oct 2010 in eb3

[redsox2009]

Can you please expand on this ... 90k people seems to be a lot of people, especially at 2500 a year.


"Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500"

You need to read and understand the above statement.

[redsox2009]

@ redsox2009
Do u see chance of DF to be open for eb3 2010 till end of December 2020.
Should I be extremely worried coz of my lawyers and company slow process will miss the boat- I am really looking for ur valuable inputs for PD of oct 2010 in eb3

I cannot guess now.

[redsox2009]

Hi,
We have a 2010 PD and 2011 PD in the family (Both EB2). 2010 PD is with previous employer and the current employer is submitting a PERM. So we are applying based on 2011 PD.
In the future if 2010 PD becomes current, can we switch to that one? (Assuming we have EAD from 2011 application)

Thank you,

Yes through interfiling.

[oraclept]

My date is eb2 June 2011 with my old employer ..new employer did not even start labor .. Do you think filling dates on eb2 move by 1 month next year? I am just cursing myself ..old employer is asking for transfer of h1 so they can downgrade eb2. To eb3 And file 1-140 and 485 concurrently.. I am really scared looking at your post ..

[sjayanthi]

To oraclept

My two cents [I honestly think even attorney cannot solve your dilemma]: Changing jobs at such a short notice can be too disruptive for you and your family. Best course is to negotiate with your old employer with a future start date (my be 6 months from now) or paying for full I 485 filing or some other option so that you can get your application in but still have flexibility to change jobs later. You can always cite the on going covid crisis. Worse they can kick off the H1B transfer with a future start date. It boils down how well you can negotiate with your old employer.

[donkeykong]

Yes through interfiling.
Thank you,

[geniusmag]

Gurus,
I have a question regarding EVL ( now called SUPPJ). I filed I485 in 2012 when I was still with petitioning employer .
I got my last RFE in 2016 , ( was with employer B ) at that time there was no SUPPJ , so I sent an EVL from my new employer (B) in response to the "same or similar occupation" RFE.

I have changed jobs twice since then but did not voluntarily submit SUPP-J. If I now go back to my original employer (A) who filed my I140 , do I need to port it back ? Would I still need a SUPPJ ?

If anyone , who has dealt with SUPP-J before can respond , that would be great
Do they ask for recent pay stubs or how long one has been with the employer ?

[vsivarama]

Also, we shouldn't feel guilty about screwing FB for our own benefit. With legislation like S.386, we were essentially asking for the same thing, "to screw ROW for our own benefit". FB can wait for a couple of years. My dear father recently passed in India due to COVID, and I couldn't even attend his funeral due to this mess. Hopefully, I can attend his one year passing event (Shraddha) if this mess clears up for me in a year. So, everybody is in pain, and the pain is real.

@Vedu, I am really sorry for your loss. Stay Strong brother. I know I have had some sleepless nights in COVID times thinking about my parents. As far as screwing FB goes, I have no guilt (don't think anyone does) as the law is being followed. I feel a little bad for them but that's all. In case of S386, We are fighting for equality and not to screw over ROW (don't let anyone tell you otherwise) and going about the right way by forcing legislation/rule-making. Yeah, if the admin (any admin left/right), had said we will not follow the law and apply the rules the way we want then yes, that is cause for alarm even if we are the beneficiaries. So it's a nuanced distinction.

[oraclept]

To oraclept

My two cents [I honestly think even attorney cannot solve your dilemma]: Changing jobs at such a short notice can be too disruptive for you and your family. Best course is to negotiate with your old employer with a future start date (my be 6 months from now) or paying for full I 485 filing or some other option so that you can get your application in but still have flexibility to change jobs later. You can always cite the on going covid crisis. Worse they can kick off the H1B transfer with a future start date. It boils down how well you can negotiate with your old employer.

thanks for your reply. my old employer told me that he can do future filing and asked me to join in future....lawyer is saying you have to be current employee of old employer to do downgrade from eb2 to EB3.
is this true.? are you in same boat as me ?

[EB2IndSep09]

My date is eb2 June 2011 with my old employer ..new employer did not even start labor .. Do you think filling dates on eb2 move by 1 month next year? I am just cursing myself ..old employer is asking for transfer of h1 so they can downgrade eb2. To eb3 And file 1-140 and 485 concurrently.. I am really scared looking at your post ..

Get your I-485s out guys by any means that includes even a switch back to your old employer if they allow you to rejoin them. You do not want to be stuck in here and miss the opportunity.
On another topic do not panic, all conservative employers and attorneys are waiting for the new AOS documents to be released to file AOS and also case by case they will file.

[EB22010Dec]

"Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500"

You need to read and understand the above statement.

Redsox, I used to live in Boston and am a big baseball fan like you. I was there when Redsox won their Championship with Kevin Youkilis, Dustin Pedroia, Manny, Big Pappi, and others.
I used to be on H1b then and I am H1b now.
I know many things, but immigration calculations are not included in that list.

Can you spend 10 mins and give me clarity. I have life-altering decisions that I should make soon and every bit of clarity helps.

[gs1968]

This remains the greatest obstacle to fulfilling the potential this year

https://documentedny.com/2020/09/28/growing-uscis-backlogs-could-be-worsened-by-spending-cuts/

[redsox2009]

Redsox, I used to live in Boston and am a big baseball fan like you. I was there when Redsox won their Championship with Kevin Youkilis, Dustin Pedroia, Manny, Big Pappi, and others.
I used to be on H1b then and I am H1b now.
I know many things, but immigration calculations are not included in that list.

Can you spend 10 mins and give me clarity. I have life-altering decisions that I should make soon and every bit of clarity helps.

This Year EB quota changed from 140K to 262K, if you are lucky EB2 dates might advance rapidly and your date might become current again in Oct 2021.

[sjayanthi]

To oraclept

No I am in a totally different situation and sitting out the current I 485 filing process. If the attorney says that you have to be employed [I am quite puzzled as GC is a future employment contract and your current job has no bearing on GC], I would recommend consulting murthy.com or some other attorney [15 or 30 mins consultation is like $200 USD AFAIK] to get a clarification. Primarily if you are related this decision to a life altering situation, talk to an attorney. You will not regret spending money. HTH

[Turbulent_Dragonfly]

Just for a reference for you folks, the entire filing fee including USCIS fees and attorney fees for me and my wife is going to be $8,000. If my children were not USCs, it would have been $16,000 :eek:

[cool_dude]

My employer has declined to downgrade to EB3.Missed date by 10 days in EB2...there goes my GC...dont know when it will reach may 25 2011.
Really disappointing..

[cool_dude]

Missed once in lifetime opportunity...:(

[qesehmk]

Thank you so much for responding. I did not realize we can do a CP with DOF. I will double check and explore this possibility as a back pocket.
CP has no DOF. One can file CP any time. The reason it makes sense for you is because as the dates are becoming current you might as well get through and get your GC.

[cool_dude]

I am trying to understand how do 140k visas get distributed to eb1,eb2 and eb3? Is top down if anything left

[bookworm]

If anyone , who has dealt with SUPP-J before can respond , that would be great
Do they ask for recent pay stubs or how long one has been with the employer ?

Based on the RFE that i responded to, Supp J applies to both situations; Continuing Employment in the job that you filed for OR AC21 portability. If after all the changes you are back at your original job then you need to fill the form accordingly. Take a look at Supp J and then probably consult a lawyer to get a firm opinion on how to fill out Supp J.

Edit - No Paystubs required. Employed Since - required.

[Spectator]

I am trying to understand how do 140k visas get distributed to eb1,eb2 and eb3? Is top down if anything left

The calculated EB FY allocation is allocated:

EB1 ---- 28.6%
EB2 ---- 28.6%
EB3 ---- 28.6%
EB4 ----- 7.1%
EB5 ----- 7.1%

Total - 100.0%


For 140,000 the figures would be:

EB1 ---- 40,040
EB2 ---- 40,040
EB3 ---- 40,040
EB4 ----- 9,940
EB5 ----- 9,940

Total - 140,000


The Per Country Limits are then calculated from these figures.

The calculation for FY2020 is currently at https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Annual%20%20Numerical%20%20Limits%20-%20FY2020.pdf


For FY2021, if the EB allocation is 261,500 as mentioned in the October 2020 VB, then the figures would be:

EB1 ---- 74,789
EB2 ---- 74,789
EB3 ---- 74,789
EB4 ---- 18,567
EB5 ---- 18,566

Total - 261,500


Look for the Annual Numerical Limits to be updated for FY2021 on this page https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics.html

[EB22010Dec]

The calculated EB FY allocation is allocated:

EB1 ---- 28.6%
EB2 ---- 28.6%
EB3 ---- 28.6%
EB4 ----- 7.1%
EB5 ----- 7.1%

Total - 100.0%


For 140,000 the figures would be:

EB1 ---- 40,040
EB2 ---- 40,040
EB3 ---- 40,040
EB4 ----- 9,940
EB5 ----- 9,940

Total - 140,000


The Per Country Limits are then calculated from these figures.

The calculation for FY2020 is currently at https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Annual%20%20Numerical%20%20Limits%20-%20FY2020.pdf


For FY2021, if the EB allocation is 261,500 as mentioned in the October 2020 VB, then the figures would be:

EB1 ---- 74,789
EB2 ---- 74,789
EB3 ---- 74,789
EB4 ---- 18,567
EB5 ---- 18,566

Total - 261,500


Look for the Annual Numerical Limits to be updated for FY2021 on this page https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics.html

S .... Will the 34K extra visa in EB2 goto India ? or are there more nuances that we should understand here.

[EB22010Dec]

S .... Will the 34K extra visa in EB2 goto India ? or are there more nuances that we should understand here.

Also, did we get 165K in 2019 ?

[oraclept]

Thanks Q. is it possible to obtain stats for number of Indians between 2010 and 2011 for Eb2 and EB3 and 2018 to2020 Eb1?
what is your take on whole visa bulletin with respect to AD and FD?.

[cool_dude]

When shall we expect eb2 to move to may 25 2011? I feel helpless.Missed date by 10 days and employer wont file EB3

[knighthood83]

Do you need a lawyer to file? Can this be filed by the individual ? Fragomen are talking a long time to respond. I only see supplement J as a problem

[FlowerPot]

Long time reader & first time posting as I am having similar dilemma like many others with oct VB.

My PD is 12-May-2011 EB2-I and many years after I-140 approval (still valid) I moved to new state and took new job title with same employer. Since its new title and state, attorney started the PERM and after long wait it was finally submitted last month for DOL processing. I am sure it will take Jan/Feb to know the outcome of it.

What are my options here? Since its same employer would it be possible to apply for 485/AOS based on previous role's I-140 approval and submit Sup J based on similar job profile details (OR)
Wait for PERM status for current role in high hope that dates wont retrogress in Jan/Feb and then apply for I-140/485 concurrently? (OR)
Apply for I-485 based on previous role's I-140 approval and wait for 180 days and then use AC21 (OR)
Any other favorable possibility?

[FlowerPot]

Long time reader first time posting,
In my case, EB2-I 12-May-2011 (I140 still valid) and with same employer but changed location and job title. So started the PERM and I wont hear anything until Jan/Feb 2021 on its status.

Is it possible to use my old job approved I-140 with same employer and apply for 485 using similar job responsibility criteria? or otherwise to take the old job with same employer? or wait (worst case) for PERM status and apply for concurrent 140/485 in Jan/Feb?

[sandykolu]

Q/spec/others,
Looking at an older 485 pending inventory published in 2018
https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment-based_I-485_Pending_at_the_Service_Centers_as_of_April_201 8.pdf
I have a PD of April 29 2010 eb2I It appears that there are approx 4000 pending eb2 applications ahead of me post sep 1 2009. With a multiplying factor of 2.2 for dependents, is it correct to assume approx 9k pending eb2 applications. With the new spillover that is now potentially available, what is your prediction/calculation for eb2i April 2010 final action date to be current?

[YTeleven]

When shall we expect eb2 to move to may 25 2011? I feel helpless.Missed date by 10 days and employer wont file EB3

There are enough visas to cover your date but not sure if they allocate each and every visa without any wastage in both 2020 and 2021 FY. i.e 156K & 261K+...

[altek001]

There are enough visas to cover your date but not sure if they allocate each and every visa without any wastage in both 2020 and 2021 FY. i.e 156K & 261K+...

YTeleven- Your thoughts on when 2010-OCT EB2-I can reach in Final Action dates?

[rabp77]

Q/spec/others,
Looking at an older 485 pending inventory published in 2018
https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment-based_I-485_Pending_at_the_Service_Centers_as_of_April_201 8.pdf
I have a PD of April 29 2010 eb2I It appears that there are approx 4000 pending eb2 applications ahead of me post sep 1 2009. With a multiplying factor of 2.2 for dependents, is it correct to assume approx 9k pending eb2 applications. With the new spillover that is now potentially available, what is your prediction/calculation for eb2i April 2010 final action date to be current?

if uscis can process cases fast enough, there is a good chance your date will be current within one year. If you have applied for i-485 in 2012, the likely hood it will be processed this year is higher.

[Pundit Arjun]

if uscis can process cases fast enough, there is a good chance your date will be current within one year. If you have applied for i-485 in 2012, the likely hood it will be processed this year is higher.

Sandy - AILA’s has updated inventory details : https://www.aila.org/File/DownloadEmbeddedFile/77265. Looking at it, the count is higher than the April doc.

[sandykolu]

Thanks Arun. That makes it approx 20k applicants from sep1 2009 - may 1 2010 if we consider a 2.2 factor for dependents.

[incredible]

My employer has declined to downgrade to EB3.Missed date by 10 days in EB2...there goes my GC...dont know when it will reach may 25 2011.
Really disappointing..

All is not lost yet. You may be current in November. You can also look for other potential employers who will be willing to file EB3 140 and 485 concurrently with good faith and you can join them after 140 is approved.

[longwaitgigu]

What is expectation for both eb2 and eb3 by end of September 2021
Is it possible for 2010 to be cleared for eb2 and eb3?

[longwaitgigu]

I think you r calculating wrong
Pending inventory has already dependents calculation
Coz they adjusted AOS
So it should be 8958 total till may 1 2010
Inputs appreciated

[Pundit Arjun]

Thanks Arun. That makes it approx 20k applicants from sep1 2009 - may 1 2010 if we consider a 2.2 factor for dependents.

There is also a chance that the later inventory includes some of the dependents.
To answer your initial question - the logic shared by rabp is good. But then again, this whole GC Sham - Do not rely too much on it. Carry on with the life and GC will come by at its own pace. There is no real logic/explanation on the dates movement.
If you ask some they blame it on DOS but I blame it on the entire process. How hard is it to keep it transparent - the Math should always add up and the variables should be clear and transparent. We pay for the applications and the processing as well - We should not be kept in the dark. Nuff said.

Goodluck to you and to all of us.

[goracer]

The i-485 inventory includes dependents as well. its close to 9K pending till 2010. This does not include the eb3 to eb2 upgrades post 2012.

[goracer]

that is correct. i-485 inventory includes dependents.

[vsivarama]

Thanks Arun. That makes it approx 20k applicants from sep1 2009 - may 1 2010 if we consider a 2.2 factor for dependents.

Why are you factoring in dependents? They are people who filed for AOS where dependents are already counted (not people with approved i140s). So the actual number will be more or less the same.

[oraclept]

democ+rats with all racist organizations strike back..

https://appropriations.house.gov/news/press-releases/house-democrats-release-updated-version-of-the-heroes-act
https://twitter.com/gsiskind/status/1310734069009965058

[vsivarama]

democ+rats with all racist organizations strike back..

https://appropriations.house.gov/news/press-releases/house-democrats-release-updated-version-of-the-heroes-act
https://twitter.com/gsiskind/status/1310734069009965058

This is politics. Agreement with White House does not give anything until the Senate votes on it. The provisions are intentional to drag out the stimulus fight, so that Senate has less time to confirm SC pick.

[android09]

Gurus need your insight. My wife's priority date became current - Feb 2011 per the october bulletin. We're filing for I-485/EAD/AP for us. I'm working on H1b and have an approved I-140 myself with Jan 2014 as my PD. On the I-765 EAD application, her eligibility category is C9. I want to know what should be my category on the EAD application I file?

[EB2IndSep09]

Long time reader & first time posting as I am having similar dilemma like many others with oct VB.

My PD is 12-May-2011 EB2-I and many years after I-140 approval (still valid) I moved to new state and took new job title with same employer. Since its new title and state, attorney started the PERM and after long wait it was finally submitted last month for DOL processing. I am sure it will take Jan/Feb to know the outcome of it.

What are my options here? Since its same employer would it be possible to apply for 485/AOS based on previous role's I-140 approval and submit Sup J based on similar job profile details (OR)
Wait for PERM status for current role in high hope that dates wont retrogress in Jan/Feb and then apply for I-140/485 concurrently? (OR)
Apply for I-485 based on previous role's I-140 approval and wait for 180 days and then use AC21 (OR)
Any other favorable possibility?

There is something called MSA Metropolitan Statistical area under which the PERM gets filed.
So when the job location moves, technically the immigration attorney knows that if a new PERM/I-140 is required for the new location or not. So in your case attorneys figured a new PERM is required.
Your old I-140 could be used only for retaining the priority date but the underlying PERM or I140 usage is not possible this info is with my own personal experience and take it with a grain of salt.
There is a possibility though if your old office location is still open, occupied and your employer presence is there and they can transfer you back there which was not in my case. Good luck!

[vbollu]

https://twitter.com/ejtaub/status/1310687362939334661

DOS released statistics on immigration & nonimmigrant visa issuance for August 2020:

In August 2020, DOS issued 6,100 immigrant visas, compared to 38,090 in August 2019.

DOS issued 94,416 nonimmigrant visas compared to 742,011 in August 2019.

[smuggymba]

I am not sure about the GC numbers and why they are sending RFEs for folks who have PDs in 03/2010. My friend has not changed the co for last 10 years and got an RFE last week for 03/2010 (Nebraska).

Mine is March 30, 2010...TSC...no RFE, no info from USCIS as of now. Application has not been touched since 2012.

[RGVJSR]

Gurus need your insight. My wife's priority date became current - Feb 2011 per the october bulletin. We're filing for I-485/EAD/AP for us. I'm working on H1b and have an approved I-140 myself with Jan 2014 as my PD. On the I-765 EAD application, her eligibility category is C9. I want to know what should be my category on the EAD application I file?

android09,
Your category is same as hers : c9
-RGV1

[YTeleven]

YTeleven- Your thoughts on when 2010-OCT EB2-I can reach in Final Action dates?
By Mar 2021 but its all depends on availability of USCIS workforce.

[gcpdnov2010]

By Mar 2021 but its all depends on availability of USCIS workforce.

I have november 2010 EB2 PD. My company is giving me an option to downgrade if I want. I want to downgrade if it means I will get GC at least 3 months faster. Is there any way to deduce number of people ahead of me in EB2 queue? 485 data shows only until April. I am looking for ways to deduce from May to October.

[longwaitgigu]

Looking at this report
Uscis should have enough time processing EB applications

[YTeleven]

I have november 2010 EB2 PD. My company is giving me an option to downgrade if I want. I want to downgrade if it means I will get GC at least 3 months faster. Is there any way to deduce number of people ahead of me in EB2 queue? 485 data shows only until April. I am looking for ways to deduce from May to October.
The ratio between EB2 I demand and EB3 I demand is roughly 4:1.. so a straight nov 2010 EB3 will get GC much faster than same PD in EB2.. but not sure of how much extra time it will take if you downgrade

[skpanda]

Q/spec/others,
Looking at an older 485 pending inventory published in 2018
https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment-based_I-485_Pending_at_the_Service_Centers_as_of_April_201 8.pdf
I have a PD of April 29 2010 eb2I It appears that there are approx 4000 pending eb2 applications ahead of me post sep 1 2009. With a multiplying factor of 2.2 for dependents, is it correct to assume approx 9k pending eb2 applications. With the new spillover that is now potentially available, what is your prediction/calculation for eb2i April 2010 final action date to be current?


I485 inventory already includes dependents.

[FlowerPot]

There is something called MSA Metropolitan Statistical area under which the PERM gets filed.
So when the job location moves, technically the immigration attorney knows that if a new PERM/I-140 is required for the new location or not. So in your case attorneys figured a new PERM is required.
Your old I-140 could be used only for retaining the priority date but the underlying PERM or I140 usage is not possible this info is with my own personal experience and take it with a grain of salt.
There is a possibility though if your old office location is still open, occupied and your employer presence is there and they can transfer you back there which was not in my case. Good luck!

Thanks for your response. Yes, I understand the reasoning behind new PERM and I-140 process based on location change and it was the risk I had to take at that time but now it has put me on tough spot with this oct VB.
Yes, my old location is still open as that is the HQ and I am going to talk to them about possibility of transfer, so I can go with 485/AOS.

[cool_dude]

I have been reading there is a bill pending to remove massive FB spillover from EB ?

[Krish20]

Hi All
I have a question regarding my situation. I’m From India. My Pd is in 4/12/2010 and I have i140 approved from both EB2 and EB3 from same employer. I’m in confused now which category to go with for AOS filing chance of getting GC faster. I opting to go with EB3, but concerned about downgrading application volume. I don’t want EB3 dates to retrogress after applying.What are your thoughts? Plse advise.

[nbk1976]

I have been reading there is a bill pending to remove massive FB spillover from EB ?

Why would a bill even exist to stop that? Spillover from FB to EB happens all the time. Do you have any bill #?

[08jul11]

Long time reader and first post....I really appreciate if someone could answer my following questions.

I have EB2 I-140 approval with my previous employer Company-A. My PD is July 2011. After working 5 years with them, I joined full time with company-B (Fulltime) in 2015. Company-B filed my PERM and EB2 I 140 & approved after porting the same PD. Now, Comp-A offered that they can file EAD/485 on behalf of me by downgrading to Eb3 as future employment. My spouse is working on H4 EAD. My current H1 and spouse's H4 EAD is expiring early Dec 2020 and HI renewal is expected to be filed in the next 2 weeks in premium by Company B. Company B is not ready to downgrade to EB3 to file now with the latest bulletin.


1) What are the consequences if I go with my previous employer (comp-A) for filing EAD/I485? Do I have to quit my current job with comp-B before applying EAD/AP/485 with comp-A? Comp A is not asking for it.

2) Can I keep working with my current Comp-B after I get EAD approval with Comp-A? or should I have to move to Comp-A after EAD approval from comp-A? (Since I like the current job with Comp-B, can I stay with Comp-B but still maintain EAD with Comp-A?)

3) If I don't start working with Comp-A, does my EAD becomes invalid, after 1 year? I mean can I reapply EAD on my own than through Comp A?

4) After I apply EAD/485 with Comp-A, any issues in continuing my GC process with Comp-B like filing I485 and then EAD when it is current if I don't have GC yet through Comp A? This is assuming that date retrogress. Does it impact if we process 2 GreenCard applications simultaneously?

5) Do we have to continue on H1B status even after getting EAD and H1B has to be maintained with the same employer through which we get EAD? or we can have different company sponsoring H1B, in this case Company-B?

6) After we get EAD approval can we switch employers easily with this new process, after 6 months through AC 21? I mean, can I continue working for Comp B?

7) If myself & spouse get EAD through Comp A, can my spouse use the EAD and can I continue on H1 for comp B?

[raksan]

Hi,

My EB2 PD is 08/2011. Sorry, if this has been answered already.

Do you guys think the EB2 DF would move forward by 3 months in next 1-2 bulletins? even if it is, do we have any chance of getting DF accepted rather than FA? I understand it's highly speculative, but any best guesses with experience? Or is it better to just got for the downgrade to take advantage of EAD? TIA

[cool_dude]

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

[Positive]

Long time reader and first post....I really appreciate if someone could answer my following questions.

I have EB2 I-140 approval with my previous employer Company-A. My PD is July 2011. After working 5 years with them, I joined full time with company-B (Fulltime) in 2015. Company-B filed my PERM and EB2 I 140 & approved after porting the same PD. Now, Comp-A offered that they can file EAD/485 on behalf of me by downgrading to Eb3 as future employment. My spouse is working on H4 EAD. My current H1 and spouse's H4 EAD is expiring early Dec 2020 and HI renewal is expected to be filed in the next 2 weeks in premium by Company B. Company B is not ready to downgrade to EB3 to file now with the latest bulletin.


1) What are the consequences if I go with my previous employer (comp-A) for filing EAD/I485? Do I have to quit my current job with comp-B before applying EAD/AP/485 with comp-A? Comp A is not asking for it.
NO, comp A employment offer can be for the future

2) Can I keep working with my current Comp-B after I get EAD approval with Comp-A? or should I have to move to Comp-A after EAD approval from comp-A? (Since I like the current job with Comp-B, can I stay with Comp-B but still maintain EAD with Comp-A?)
YES, YES

3) If I don't start working with Comp-A, does my EAD becomes invalid, after 1 year? I mean can I reapply EAD on my own than through Comp A?
The EAD is valid for the term it is issued, 1-3 yrs; YES

4) After I apply EAD/485 with Comp-A, any issues in continuing my GC process with Comp-B like filing I485 and then EAD when it is current if I don't have GC yet through Comp A? This is assuming that date retrogress. Does it impact if we process 2 GreenCard applications simultaneously?
NO, No issues

5) Do we have to continue on H1B status even after getting EAD and H1B has to be maintained with the same employer through which we get EAD? or we can have different company sponsoring H1B, in this case Company-B?
No; Yes

6) After we get EAD approval can we switch employers easily with this new process, after 6 months through AC 21? I mean, can I continue working for Comp B?
Yes

7) If myself & spouse get EAD through Comp A, can my spouse use the EAD and can I continue on H1 for comp B?
Yes


Above are the answers

[Turbulent_Dragonfly]

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

If the Senate approves and the President signs any bill from the House in it's entirety without any modifications, I will eat my hat.

[delguy]

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

Doesnt matter as it is now too late for the bill to impact the spillover. Remember, it has not been passed in House or Senate yet and wont be passing tomorrow either as Rs do not agree with the bill.

[maverick2010]

Hello All,

Is form I-944 mandatory to be filed along with I-485 or it be be sent later on with medicals? My lawyer says that if we are filing before Oct 12th I-944 it is not mandatory and can be sent later on after we get RFE.

Please share if you know this is right or wrong.

[qesehmk]

If the Senate approves and the President signs any bill from the House in it's entirety without any modifications, I will eat my hat.

I will also add that I am 99.99% sure that come Oct 1st, any extra visas available will go to EB and congress will not undo spillover.

I am aware some lawyers are raising such fears. But I do not put much faith into it at all.

[longwaitgigu]

What are the spillover rules
If the extra green cards- 34,000 ( r not utilized by ROW, Philippines, SK or CP)
Does it go to most backlogged country- india
Or equally divided between india and China

[cool_dude]

Any thoughts on DF date moving for EB2 in november?

[nbk1976]

Any thoughts on DF date moving for EB2 in november?

It should move forward by at least 2 full months each bulletin till Feb. It will definitely clear EB2-I 2009 backlog by September 2021. How much will 2010 folks benefit is too early to tell.

[cool_dude]

I am 10 days away from filling date right now.. may 25 2011

[Turbulent_Dragonfly]

I am 10 days away from filling date right now.. may 25 2011

Has the filing date ever been moved forward after being established in the beginning of the FY? If there is any year that is possible, it should be this. There is going to be massive porting from EB2 to EB3 as long as the keep the FD for EB3 where it is, thus reducing the demand for EB2. But at the same time, it may take a few bulletins even for them to figure out which way the trend is.

[Turbulent_Dragonfly]

Hello All,

Is form I-944 mandatory to be filed along with I-485 or it be be sent later on with medicals? My lawyer says that if we are filing before Oct 12th I-944 it is not mandatory and can be sent later on after we get RFE.

Please share if you know this is right or wrong.

We are sending one on the attorney's recommendation as they said it would be better to avoid any RFEs at all as no one knows how backed up they are going to be.

[richie.rich]

Hi All
I have a question regarding my situation. I’m From India. My Pd is in 4/12/2010 and I have i140 approved from both EB2 and EB3 from same employer. I’m in confused now which category to go with for AOS filing chance of getting GC faster. I opting to go with EB3, but concerned about downgrading application volume. I don’t want EB3 dates to retrogress after applying.What are your thoughts? Plse advise.

I am in the similar boat. EB2 and EB3 India - Sep 2010. Any thoughts from Gurus???

[kumareb2]

do we need to pay the renewal fee for renewing EAD? i got the EAD in 2012, and it is due for renewal now. gurus?

[nbk1976]

I am in the similar boat. EB2 and EB3 India - Sep 2010. Any thoughts from Gurus???

Please watch this for some perspective:

https://youtu.be/KOFbMwHy-wc

[nbk1976]

Hi All
I have a question regarding my situation. I’m From India. My Pd is in 4/12/2010 and I have i140 approved from both EB2 and EB3 from same employer. I’m in confused now which category to go with for AOS filing chance of getting GC faster. I opting to go with EB3, but concerned about downgrading application volume. I don’t want EB3 dates to retrogress after applying.What are your thoughts? Plse advise.

This might help: https://youtu.be/KOFbMwHy-wc

[Zenzone]

It should move forward by at least 2 full months each bulletin till Feb. It will definitely clear EB2-I 2009 backlog by September 2021. How much will 2010 folks benefit is too early to tell.

If what you predict happens, it means USCIS wasted HUGE number of visas!

[Justmyself]

YTEleven, you were the first ever to forecast EB3I will take over EB2I. What are your predictions for the final action dates (Both eb2 and eb3) by the end of FY21?

[nbk1976]

If what you predict happens, it means USCIS wasted HUGE number of visas!

I might come off as being pessimistic but I rather not be overly optimistic. Just because we have spillover and CO says "rapid progression" doesn't mean everyone (2009-2011+) will automatically get the spillover benefit. There are so many factors, variables, forces that are against us. Let's take this one month at a time. I am very optimistic for 2009 folks, and maybe third of 2010 folks, but foretelling any more ahead (at this point in time) is dangerous.

[vedu]

I might come off as being pessimistic but I rather not be overly optimistic. Just because we have spillover and CO says "rapid progression" doesn't mean everyone (2009-2011+) will automatically get the spillover benefit. There are so many factors, variables, forces that are against us. Let's take this one month at a time. I am very optimistic for 2009 folks, and maybe third of 2010 folks, but foretelling any more ahead (at this point in time) is dangerous.

So basically you are saying that you are very optimistic about currently pending EB2I inventory which was built in 2012. Anything beyond that is the cherry on the cake.

[nbk1976]

So basically you are saying that you are very optimistic about currently pending EB2I inventory which was built in 2012. Anything beyond that is the cherry on the cake.

I suppose so. Let us at least start seeing some late 2009/early 2010 RFEs and also see how things progress in the next month's bulletin. If it moves forward by X months, then we can be more sure that that will be the pace of movement for the next 6 months.

But I don't think CO is going to move the dates by more than 2 months at a time. He is also being very cautious here.

[Turbulent_Dragonfly]

This might help: https://youtu.be/KOFbMwHy-wc

This guy made an interesting point which I am not sure of. According to him, if you are current in EB2 filing date, you cannot file in EB3 filing date as a downgrade (around 4 min 15 sec+). Is that accurate?

[android09]

Is there any rule that says if husband and wife both have approved I-140 petitions and if one of them gets current, the other cannot adjust status with the primary?

[EB22010Dec]

EB3 Spillover - gurus, do you anticipate 35K spillover into Eb3 as well or is it just for EB2.
My understanding was additional 120k gets divided into smaller buckets for Eb1, EB2, etc.
For these buckets - most backlogged countries get the overflow visas.

Am I wrong in this assumption?

[android09]

EB3 Spillover - gurus, do you anticipate 35K spillover into Eb3 as well or is it just for EB2.
My understanding was additional 120k gets divided into smaller buckets for Eb1, EB2, etc.
For these buckets - most backlogged countries get the overflow visas.

Am I wrong in this assumption?

Each of EB1, EB2 and EB3 get 28.6% of the spillover. That’s 34,320. Regular quota is 140,000 so each EB1,2,3 get 28.6% of that or 40,040. Total EB1,2,3 get 74,360. Then applies country quota of 7% each or 5205 for India, China etc. Rest of world If current, then the difference around 69,000 falls to the most backlogged. That’s my understanding.

[donkeykong]

Is there any rule that says if husband and wife both have approved I-140 petitions and if one of them gets current, the other cannot adjust status with the primary?

Nope, AFAIK

[Lake789]

Hello group- this is my first post after a lot of reading. Need some help - trying to make a decision on what makes more sense with the kind of bulletin that has come up in Oct.
My PD - Jan 2014 EB2, My spouse's PD - Mar 2016 EB2
Considering that the EB3 category FD is Jan 2015, we were thinking of downgrading to EB3, applying I485 concurrently and then hopefully get the EAD / AP etc.

I have been checking all the predictions and seems like that USCIS rapid movement - doesn't seem to be any rapid. the dates will most likely be stuck at 2009/2010 for either category. Any thoughts on when Jan 2014 may even be any close to open up on the FDs atleast? Any other thoughts ? is it worth waiting, or downgrading / EAD is a better option in any event? Thank you so much experts !

[android09]

Nope, AFAIK

Thank you. Also for first time filers or I-485, does one need to file I-485J as well ? The list given to us by our employer is:

1.I-485
2. G-1145
3. I-693(don’t have to submit right away.)
4. I-765
5. I-131
6. I-944

Is there anything else beyond this ?

[Lake789]

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

[redtogreen]

Doesnt matter as it is now too late for the bill to impact the spillover. Remember, it has not been passed in House or Senate yet and wont be passing tomorrow either as Rs do not agree with the bill.

The detailed text of the scaled down version of the Heroes bill still mentions both fiscal years 2021 and 2022. The visa bulletin FAD has moved just enough to utilize the original quota of visas( without spillover), so implementing such law need not revoke any FAD announced. Nevertheless, they can and will still honor the filing dates announced, so that brings in the much needed revenue and adding to existing backlog.My PD is in 2010 ( already filed 485 in 2012) and i am still not sure of receiving a green card. The whole situation is not black-and-white, also taking into account uscis processing delays etc.,. Hopefully we receive clarity in the next month or so, until then atleast the window of opportunity for filing 485 should not be missed!!

[EB22010Dec]

Each of EB1, EB2 and EB3 get 28.6% of the spillover. That’s 34,320. Regular quota is 140,000 so each EB1,2,3 get 28.6% of that or 40,040. Total EB1,2,3 get 74,360. Then applies country quota of 7% each or 5205 for India, China etc. Rest of world If current, then the difference around 69,000 falls to the most backlogged. That’s my understanding.

Thank you, Android.
With this statement, can someone tell us the min and max spill-over into Eb2 and EB3 I is going to be ?

[redtogreen]

I will also add that I am 99.99% sure that come Oct 1st, any extra visas available will go to EB and congress will not undo spillover.

I am aware some lawyers are raising such fears. But I do not put much faith into it at all.

Thanks Q, any specific reason you are 99.9 % sure? The detailed language in the bill still says 2021 and 2022. It's one thing that the bill is not approved at all but let's say it is and in it's present state, can it still not be law after Oct 1st?

[Turbulent_Dragonfly]

Thank you. Also for first time filers or I-485, does one need to file I-485J as well ? The list given to us by our employer is:

1.I-485
2. G-1145
3. I-693(don’t have to submit right away.)
4. I-765
5. I-131
6. I-944

Is there anything else beyond this ?

Don’t know why and I did not question it but my attorney is also filing 485J. I have been promoted with the same or similar responsibilities so my title is different than the “future position” that the I-140 was approved for. So it may be because of that. If you want, I can clarify that.

[richie.rich]

Please watch this for some perspective:

https://youtu.be/KOFbMwHy-wc

I totally agree with retrogress chances if someone is planning to downgrade. But remember, Candidates in 2009 and 2010 will not downgrade as they are current in both categories.

I am approved in EB2 as well as EB3 with PD, SEP 2010. My dilemma is which category to go for.

[srimurthy]

I totally agree with retrogress chances if someone is planning to downgrade. But remember, Candidates in 2009 and 2010 will not downgrade as they are current in both categories.

I am approved in EB2 as well as EB3 with PD, SEP 2010. My dilemma is which category to go for.
If you have an approved I140 in both a better chance to go with EB3 as EB3 is the Final Action Dates have a chance of being ahead of EB2.

[android09]

Don’t know why and I did not question it but my attorney is also filing 485J. I have been promoted with the same or similar responsibilities so my title is different than the “future position” that the I-140 was approved for. So it may be because of that. If you want, I can clarify that.

Could you validate that please ? My current employer is filing I-485 for the same job for which the I-140 was filed for. I haven’t ever filed a I-485 before ever. Does a first time I-485 filer need to file for I-485J

[qesehmk]

Thanks Q, any specific reason you are 99.9 % sure? The detailed language in the bill still says 2021 and 2022. It's one thing that the bill is not approved at all but let's say it is and in it's present state, can it still not be law after Oct 1st?
Because there is an unwritten code of "Do no harm" in all the laws that the congress passes. The moment 2021 starts on Oct 1st, EB has those visas due to them and if Congress passes a bill robbing those off them, that's doing harm retroactively. That is why I am very confident it won't happen. 2021 is already passe. Now congress will focus on 2022 onwards. They can simply create new one time extra visas and allocate to FB too. Not a big deal. I just don't know if after election all of this will matter at all. Right now all of that could very well be posturing.

[shriny]

I second your attorney's suggestion, if you go for medicals to get the report back into your hands it might take close to 7 days. You are wasting 7 precious days and if the attorney finalizes before your medicals, you are making them hold the application.

If your priority date is beyond 2010 for EB2 and Beyond 2011 for EB3, my suggestion is to hold the medicals.



Thanks for the reply, does it impact getting/renewing EAD or AP if not doing medicals while filing i485?

[YTeleven]

Thank you, Android.
With this statement, can someone tell us the min and max spill-over into Eb2 and EB3 I is going to be ?
Out of 261K easily India can get 150K (all catagories together).

[YTeleven]

YTEleven, you were the first ever to forecast EB3I will take over EB2I. What are your predictions for the final action dates (Both eb2 and eb3) by the end of FY21?
I strongly believe that the current filing dates will become final action dates by Sep 2021 India in all categories.

[noor1027]

Court Blocked All OCT 2 fees increase , what is impact on OCT visa bulletin ? USCIS moved EB3 to 2015 for this fees increase only ...

Do they hold or revetrback Visa Bulletin ?

[Justmyself]

Court Blocked All OCT 2 fees increase , what is impact on OCT visa bulletin ? USCIS moved EB3 to 2015 for this fees increase only ...

Do they hold or revetrback Visa Bulletin ?

Why would they rever back and lose any fees they can get? If anything, I’m thinking they might get a bit more generous with the November bulletin.

[Justmyself]

I strongly believe that the current filing dates will become final action dates by Sep 2021 India in all categories.

That will be nice. But does USCIS really have the processing capability?

[jimmys]

I strongly believe that the current filing dates will become final action dates by Sep 2021 India in all categories.

I don't think Jan 1,2015 in EB3 is anywhere close to getting current in FY2021.

[jimmys]

Hi All
I have a question regarding my situation. I’m From India. My Pd is in 4/12/2010 and I have i140 approved from both EB2 and EB3 from same employer. I’m in confused now which category to go with for AOS filing chance of getting GC faster. I opting to go with EB3, but concerned about downgrading application volume. I don’t want EB3 dates to retrogress after applying.What are your thoughts? Plse advise.

If your PD is 04/12/2010, the category doesn't matter. There could be few to several months difference between two categories.

[jimmys]

Hi,

My EB2 PD is 08/2011. Sorry, if this has been answered already.

Do you guys think the EB2 DF would move forward by 3 months in next 1-2 bulletins? even if it is, do we have any chance of getting DF accepted rather than FA? I understand it's highly speculative, but any best guesses with experience? Or is it better to just got for the downgrade to take advantage of EAD? TIA

It's unlikely. If I were you I will explore the downgrade option to get EAD.

[jimmys]

Has the filing date ever been moved forward after being established in the beginning of the FY? If there is any year that is possible, it should be this. There is going to be massive porting from EB2 to EB3 as long as the keep the FD for EB3 where it is, thus reducing the demand for EB2. But at the same time, it may take a few bulletins even for them to figure out which way the trend is.

It's unlikely for the filing dates to move again in mid year. I think even these dates will generate a massive demand.

[jimmys]

Q/spec/others,
Looking at an older 485 pending inventory published in 2018
https://www.uscis.gov/sites/default/files/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/I-485%20Employment-Based%20Inventory%20Statistics/Employment-based_I-485_Pending_at_the_Service_Centers_as_of_April_201 8.pdf
I have a PD of April 29 2010 eb2I It appears that there are approx 4000 pending eb2 applications ahead of me post sep 1 2009. With a multiplying factor of 2.2 for dependents, is it correct to assume approx 9k pending eb2 applications. With the new spillover that is now potentially available, what is your prediction/calculation for eb2i April 2010 final action date to be current?

FAD will reach your PD for sure in FY21.

[jimmys]

I have november 2010 EB2 PD. My company is giving me an option to downgrade if I want. I want to downgrade if it means I will get GC at least 3 months faster. Is there any way to deduce number of people ahead of me in EB2 queue? 485 data shows only until April. I am looking for ways to deduce from May to October.


The ratio between EB2 I demand and EB3 I demand is roughly 4:1.. so a straight nov 2010 EB3 will get GC much faster than same PD in EB2.. but not sure of how much extra time it will take if you downgrade

The ratio doesn't matter. If EB3 FAD stays ahead of EB2 by 6 months then scores of people will jump to the EB-3 category. In 2018/2019, just for a few weeks/months a lot of people jumped EB2 to EB3. People are not going to let EB3 go any faster than EB2. I would say file it in EB2 and after a few months you can see the trend. Then, you can decide if you want to do the downgrade. Just remember, there are going to be tens of thousands of new I-140s to be filed for EB2-EB3 downgrades between May 2011 and Jan 1,2015.

[android09]

Need some help here. My wife has an approved I-140 and her date is from 2011 and we’re filing for I-485 on that basis. I have an approved I-140 with 2014 dates. In I-944 there is a section(Part 4) where it asks “Do you have an approved form I-140 as an alien worker?” My wife filed her I-944 and I’m doing mine. Do I mention my 2014 I-140 receipt #or my wife’s 2011 receipt # for this question ?

[Turbulent_Dragonfly]

Need some help here. My wife has an approved I-140 and her date is from 2011 and we’re filing for I-485 on that basis. I have an approved I-140 with 2014 dates. In I-944 there is a section(Part 4) where it asks “Do you have an approved form I-140 as an alien worker?” My wife filed her I-944 and I’m doing mine. Do I mention my 2014 I-140 receipt #or my wife’s 2011 receipt # for this question ?

You need to say Yes on this and provide your I-140 receipt number.

[YTeleven]

I don't think Jan 1,2015 in EB3 is anywhere close to getting current in FY2021.
Not many think and believe this will happen. I was predicting this to happen for several years now. The logic is simple.. if administration is successful in allocating 261K visas by Sep 2021 then atleast 50k visas should go to EB3I and that brings down the EB3I final action dates to 2015 and beyond.

[Turbulent_Dragonfly]

Not many think and believe this will happen. I was predicting this to happen for several years now. The logic is simple.. if administration is successful in allocating 261K visas by Sep 2021 then atleast 50k visas should go to EB3I and that brings down the EB3I final action dates to 2015 and beyond.

Needless to say, the outcome of the election will weigh heavily on if they will consume these visas. USCIS/DoS have played their hand and openly declared the availability of these visas. Now it remains to be seen if the admin will put the brakes on the processing through nefarious means if it comes back. I have a sneaky feeling if the admin loses, Durbin will become Senate Judiciary Chair and he will try to get the FBs recaptured. Don't see that happening without laws being passed but who knows what games they will play, we are just pawns. Hopefully it's not such a lose-lose scenario...

[jimmys]

I have november 2010 EB2 PD. My company is giving me an option to downgrade if I want. I want to downgrade if it means I will get GC at least 3 months faster. Is there any way to deduce number of people ahead of me in EB2 queue? 485 data shows only until April. I am looking for ways to deduce from May to October.


The ratio between EB2 I demand and EB3 I demand is roughly 4:1.. so a straight nov 2010 EB3 will get GC much faster than same PD in EB2.. but not sure of how much extra time it will take if you downgrade


Not many think and believe this will happen. I was predicting this to happen for several years now. The logic is simple.. if administration is successful in allocating 261K visas by Sep 2021 then atleast 50k visas should go to EB3I and that brings down the EB3I final action dates to 2015 and beyond.

The problem is not the admin. If it is only EB3 then it could go but it's going to be 3 years and 7 months worth of EB2-EB3 downgrades along with EB-3. That amount is going to be massive. I personally know 3 direct EB-3 cases along with 10-12 EB-2 to EB-3 cases. 50K, even if it's completely given, is peanuts for the demand that's going to be generated. BTW, EB-3 India won't get 50K or even 40K. There's a lot of pent up demand for CP Philippines and EB-3 ROW.

[longwaitgigu]

The problem is not the admin. If it is only EB3 then it could go but it's going to be 3 years and 7 months worth of EB2-EB3 downgrades along with EB-3. That amount is going to be massive. I personally know 3 direct EB-3 cases along with 10-12 EB-2 to EB-3 cases. 50K, even if it's completely given, is peanuts for the demand that's going to be generated. BTW, EB-3 India won't get 50K or even 40K. There's a lot of pent up demand for CP Philippines and EB-3 ROW.
What do u expect eb2 and eb3 india will be at end of September 2021

[gs1968]

Needless to say, the outcome of the election will weigh heavily on if they will consume these visas. USCIS/DoS have played their hand and openly declared the availability of these visas. Now it remains to be seen if the admin will put the brakes on the processing through nefarious means if it comes back. I have a sneaky feeling if the admin loses, Durbin will become Senate Judiciary Chair and he will try to get the FBs recaptured. Don't see that happening without laws being passed but who knows what games they will play, we are just pawns. Hopefully it's not such a lose-lose scenario...

Keep an eye on the fast moving discussions in the House of Representatives today. The call between Spkr. Pelosi and Steve Mnuchin is most important. The latest offer from the WH is 1.5Trillion with an escalator to S2trillion if the virus persists. The Democrats want 2.2T. It depends on whether the speaker is really wanting to help or just needs a messaging bill.

[idliman]

Needless to say, the outcome of the election will weigh heavily on if they will consume these visas. USCIS/DoS have played their hand and openly declared the availability of these visas. Now it remains to be seen if the admin will put the brakes on the processing through nefarious means if it comes back. I have a sneaky feeling if the admin loses, Durbin will become Senate Judiciary Chair and he will try to get the FBs recaptured. Don't see that happening without laws being passed but who knows what games they will play, we are just pawns. Hopefully it's not such a lose-lose scenario...
It is for the same reason that I am staying grounded. It is not over till your FA PDs are current and you get an approval. A few days ago I had posted that if the 5K quota (with 7% country cap) is divided quarterly, then we will see such movement in Oct. IMO what we saw for EB2I and EB3I FA dates was the quarterly number. However, CO had mentioned "aggressive forward movement". I am waiting to see if it materializes in the next few bulletins. Hopefully the admin is busy with their own things and the DOS will make regular PD movements without political interference so that full SO numbers can be used.

The average time for GC for new EB applicants in 8 to 10 months. So there is a good chance that the people who file in Oct / Nov get their GCs in 2021. Be positive at the same time don't spend all your money partying.

[YTeleven]

That will be nice. But does USCIS really have the processing capability?
That's a Million dollar question. If they want to issue 261,500 GCs in next 365 days i.e. 30 cards per hour.. it's not that easy.. but will wait and watch.. I am confident on the agency.

[Turbulent_Dragonfly]

That's a Million dollar question. If they want to issue 261,500 GCs in next 365 days i.e. 30 cards per hour.. it's not that easy.. but will wait and watch.. I am confident on the agency.

They could always waive biometrics and interviews. They ten print us every time we come in. What’s the point of doing that again?

[qesehmk]

Keep an eye on the fast moving discussions in the House of Representatives today. The call between Spkr. Pelosi and Steve Mnuchin is most important. The latest offer from the WH is 1.5Trillion with an escalator to S2trillion if the virus persists. The Democrats want 2.2T. It depends on whether the speaker is really wanting to help or just needs a messaging bill.
The speaker in all likelihood will stay firm because Trump has everything to lose here with an election on Nov 3rd. My guess is he is going to blink.

[gcpursuit]

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

[cool_dude]

What happens to immigration stuff in it?

[YTeleven]

The problem is not the admin. If it is only EB3 then it could go but it's going to be 3 years and 7 months worth of EB2-EB3 downgrades along with EB-3. That amount is going to be massive. I personally know 3 direct EB-3 cases along with 10-12 EB-2 to EB-3 cases. 50K, even if it's completely given, is peanuts for the demand that's going to be generated. BTW, EB-3 India won't get 50K or even 40K. There's a lot of pent up demand for CP Philippines and EB-3 ROW.
According to my estimates if they issue 261,500 GCs in next 365 days then Indians will get atleast 150,000 GCs. Even more is a possibility but I want to be accurate.

[gs1968]

The speaker in all likelihood will stay firm because Trump has everything to lose here with an election on Nov 3rd. My guess is he is going to blink.

The latest news is that Steven Mnuchin is coming to the Capitol to meet with Speaker Pelosi at 12:45 today to present the administration’s Covid relief counter proposal. The details are what I mentioned before. There is incentive for both sides here. The speaker is under pressure from the moderates in her ranks to have something tangible to show their constituents especially the ones in tight races.They have already passed multiple messaging bills and passing another one is not going to help move the needle. Unlike the senate every congressman is up for re-election in November. The WH has obvious reasons to shift attention away from last night. The fact that he is going to meet in person and the fact that the House leadership on both sides have asked members to keep Thursday/Friday flexible is another indication that there might be concessions made. Obviously the Senate is another issue but it is hard to see a deal brokered by the WH being torpedoed in the Senate. There is always going to be a bunch of GOP senators who will not vote for anything and in the end it will a lot of Democrats and some GOP senators pushing the Bill through. Another incentive is that the Federal Reserve Chairman Powell has clearly stated that the Fed has run out of monetary options and there has to be a fiscal stimulus by Congress to prevent the economy from sliding further

[letmesee]

Guys,

I saw Spec post that EB2 will get an additional 40k visa this years ( from the FB spillover and this is not another new additional number to be confused with). However, can you guys point me to info on how much of this 40k will be allocated to various countries... would all of this go to the most backlogged countries ? or worse india will only get 7% of this towards final action date or is it that if all countries become current then the left overs will come to India ?

[mesan123]

Does anyone know about the lawsuit filled on USCIS for increase in fees for I-485 and all.. he was mentioning to watch today if USCIS again flip dates from Filling dates to FAD .. that got me curious... can someone shed light on that.... thanks in advance for response


I found below link in reference to that

https://www.aila.org/advo-media/issues/all/changes-to-uscis-fee-schedule

[letmesee]

1713

my demand analysis show above.

[jimmys]

I don't think Jan 1,2015 in EB3 is anywhere close to getting current in FY2021.


Not many think and believe this will happen. I was predicting this to happen for several years now. The logic is simple.. if administration is successful in allocating 261K visas by Sep 2021 then atleast 50k visas should go to EB3I and that brings down the EB3I final action dates to 2015 and beyond.


The problem is not the admin. If it is only EB3 then it could go but it's going to be 3 years and 7 months worth of EB2-EB3 downgrades along with EB-3. That amount is going to be massive. I personally know 3 direct EB-3 cases along with 10-12 EB-2 to EB-3 cases. 50K, even if it's completely given, is peanuts for the demand that's going to be generated. BTW, EB-3 India won't get 50K or even 40K. There's a lot of pent up demand for CP Philippines and EB-3 ROW.


According to my estimates if they issue 261,500 GCs in next 365 days then Indians will get atleast 150,000 GCs. Even more is a possibility but I want to be accurate.

You're deviating from my point. I'm certain EB-3 India FAD dates won't reach Jan 1,2015 in FY 21. I doubt 150K will give be given to Indians. Let's see.

[idliman]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs
Please see the Murthy (https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/) article about AP. Please make sure that you know about any changes after the Murthy article date. Things are constantly changing in this adminstration. Also talk to your attorney.

Travel while EAD/AP is pending is not recommended. To be safe wait till you get AP in hand before travel.


11 Mar 2019

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as long as that individual has an unexpired AP document that remains valid through her/his return date to the United States. However, if a person with a pending I-131 application leaves the U.S. without a valid AP document, or if the AP document expires during the trip abroad, the pending I-131 will be denied.

Updated Policy
A USCIS webpage on emergency travel has been updated to lay out the new policy. “If you file form I-131 … to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending form I-131 will not be considered abandoned in this situation.”

Again, the policy regarding pending I-485s remains unchanged. A pending I-485 generally will not be impacted by overseas travel, as long as the individual either is in lawful L-1, L-2, H1B, H-4, K-3, K-4, or V status, and remains eligible for that status upon returning to the U.S., or has an AP document that remains valid through his/her date of return to the U.S. A pending I-131, on the other hand, will be denied if one travels abroad without a valid AP, as described above.

[rabp77]

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

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

1. You have advance parole by filing i131

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

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

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

[Turbulent_Dragonfly]

My thinking is that if they have to roll back any dates due to the fee increase being struck down, they have to do it today. But don’t know why would they do that if moving the dates was a good faith effort reflecting the lack of demand. A lot of people I know are refreshing the visa bulletin page to see if they change that. It’s going to be mayhem if they do that. I already got my medicals done and got everything ready to file. It will be a colossal waste if they mess around again like 2015.

[mesan123]

My thinking is that if they have to roll back any dates due to the fee increase being struck down, they have to do it today. But don’t know why would they do that if moving the dates was a good faith effort reflecting the lack of demand. A lot of people I know are refreshing the visa bulletin page to see if they change that. It’s going to be mayhem if they do that. I already got my medicals done and got everything ready to file. It will be a colossal waste if they mess around again like 2015.
I hear you... i went through it in 2015 along some folks here, had all the stuff ready and USCIS pulling the plug ... hoping USCIS doesnot repeat it...

[gs1968]

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

[GCMirage]

@Turbulent_dragonfly

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

[mesan123]

@Turbulent_dragonfly

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

You need to go and see Dr who can do medicals for immigration. Yes there would physical check up, blood work, vaccinations( if you didnot have them before)..) after that they would give sealed document to submit with your i-485 application

Roughly it would take 4-5 days to get your Medicals done

[Turbulent_Dragonfly]

@Turbulent_dragonfly

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

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

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

[Zenzone]

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

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

[bones20]

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

thanks!

[Zenzone]

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

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

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

[gs1968]

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

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

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

[horizon1012]

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



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

[Zenzone]

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

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

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

[gs1968]

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

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

[Turbulent_Dragonfly]

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

Look at page 2025

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

[Positive]

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

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

[mesan123]

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

[Turbulent_Dragonfly]

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

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

[maverick2010]

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

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

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

[Moveon]

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

1. You have advance parole by filing i131

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

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

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

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

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

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

[jimmys]

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

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


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

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

[longwaitgigu]

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

[mesan123]

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

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

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

[longwaitgigu]

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

[jimmys]

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

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

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

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

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

[jimmys]

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

I do if USCIS doesn't screw up things.

[delguy]

Few queries on I-944 form:

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

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

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

[montyp80]

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

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

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

[longwaitgigu]

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

[Turbulent_Dragonfly]

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

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

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

[ferric]

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

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

[Turbulent_Dragonfly]

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

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

[Zenzone]

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

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

[Zenzone]

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

[jimmys]

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

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

[jimmys]

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

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

$1500 for EAD?

[rabp77]

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

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

[rabp77]

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

[mesan123]

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

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

[gcpursuit]

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

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

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

[Pundit Arjun]

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

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

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

[longwaitgigu]

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

[longwaitgigu]

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

[gs1968]

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

[YTeleven]

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

[longwaitgigu]

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

[horizon1012]

Folks,

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

[Zenzone]

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

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

[Zenzone]

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

[Aug2010]

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

[qesehmk]

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

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

[Turbulent_Dragonfly]

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

"Porque no los dos?"

[raradhya]

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

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

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

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

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

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

[YTeleven]

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

[Lake789]

Can you please let me know on my below situation -

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

[YTeleven]

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

I would go for EB3.

[delguy]

I-944 queries:

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

or.

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

[YTeleven]

Can you please let me know on my below situation -

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

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

[Turbulent_Dragonfly]

I-944 queries:

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

or.

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

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

[abcx13]

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

[qesehmk]

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

[idliman]

Can you please let me know on my below situation -

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

[idliman]

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

[Turbulent_Dragonfly]

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

[texas_]

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

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

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

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

[gcpursuit]

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

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

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

[YTeleven]

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

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

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

[Turbulent_Dragonfly]

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

[delguy]

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

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

[Turbulent_Dragonfly]

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

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

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

[HMTEB2]

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

[android09]

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

[jimmykashmir]

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

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

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

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

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

[shriny]

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

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

[texas_]

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

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

[qesehmk]

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

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


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

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

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

[longwaitgigu]

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

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

[longwaitgigu]

Thankyou guru

[qesehmk]

This is very important. Spread the message.

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

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

[maverick2010]

This is very important. Spread the message.

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

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

[Kesid23]

This is very important. Spread the message.

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

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

Thank you!

[maverick2010]

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

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

[qesehmk]

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

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

[qesehmk]

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

[bookworm]

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

[bookworm]

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

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

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

[Lake789]

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

[Lake789]

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

[alpha0]

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

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

[rohanvus]

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

Hi Experts ,

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

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

[alpha0]

Hi Experts ,

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

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

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

[jimmys]

Hi Experts ,

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

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

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

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

[iamdeb]

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

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

[rohanvus]

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

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

[h1bh1bh1b]

To lake789

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

[iamdeb]

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

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

[YTeleven]

Hi Experts ,

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

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

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

[raradhya]

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

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

[raradhya]

Hi Experts ,

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

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

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

[iamdeb]

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

[Sebiswaiting]

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

Do you guys think in same line?

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

[gcconnect]

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

[Auser123]

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

Do you guys think in same line?

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

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