EB2-3 Predictions (Rather Calculations) 2015-2020

[Auser123]

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

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

[monsieur]

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

Do you guys think in same line?

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


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

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

[Sebiswaiting]

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


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

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

[old_monk]

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

[maverick2010]

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

[gs1968]

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

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

[idliman]

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

[inspired_p]

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

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

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

[jimmys]

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

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

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

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

[jimmys]

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

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

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

[jimmys]

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

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

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

[gcconnect]

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

[maverick2010]

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

[Turbulent_Dragonfly]

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

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

[EB2IndSep09]

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

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

[inspired_p]

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

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

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

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

[bones20]

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

same here :(

[Turbulent_Dragonfly]

same here :(

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

[longwaitgigu]

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

[bones20]

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

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

[AlmostThere]

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

[AlmostThere]

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

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

[AlmostThere]

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

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

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


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

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

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

[shriny]

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

Here is the section from the bill



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



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

[GCWait2011]

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

[jimmys]

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

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

[cool_dude]

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

[Pundit Arjun]

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

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

[cool_dude]

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

[vsivarama]

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

[bones20]

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

Here is the section from the bill



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

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

[shriny]

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


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

[iamdeb]

Hi Friends,

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

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

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

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

[Positive]

Hi Friends,

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

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

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

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

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

[Positive]

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

[H1b2006]

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

[H1b2006]

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

[rohanvus]

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

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

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

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

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

Regards

[bones20]

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

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

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

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

Regards

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

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

[newyorker123]

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

[vsivarama]

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

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

[Sebiswaiting]

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


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

[iamdeb]

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

[Turbulent_Dragonfly]

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

What did your attorney say?

[iamdeb]

What did your attorney say?

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

[nbk1976]

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

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

[iamdeb]

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

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

[Positive]

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

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

[nbk1976]

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

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

[Chilli19]

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

Hi There,

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

[nbk1976]

Hi There,

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

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

[idliman]

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

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

[Turbulent_Dragonfly]

Hi There,

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

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

[longwaitgigu]

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

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

[montyp80]

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

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

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

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

Hope this helps.

[Chilli19]

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

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

[bones20]

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

[srimurthy]

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

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

[longwaitgigu]

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

[bones20]

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

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

[longwaitgigu]

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

[bones20]

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

Its going to be today - rep confirmed.

[Zenzone]

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

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

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

[iamdeb]

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

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

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

Hope this helps.

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

[longwaitgigu]

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

[Zenzone]

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

Got it! Seeing it.

[rohanvus]

Hi Experts,

Clarification required if you can weigh in

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

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

Please guide

[monsieur]

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

Please guide

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

[inspired_p]

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

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

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

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

[rohanvus]

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

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

[cool_dude]

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

[texas_]

Hi Guys,
I am first timer for AOS filing.

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

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

Is this true?

[android09]

Hi Guys,
I am first timer for AOS filing.

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

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

Is this true?

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

[user017]

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

Just received from them

[bones20]

Just received from them

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

[longwaitgigu]

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

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

[longwaitgigu]

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

[bones20]

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

Why medicals now?

[bones20]

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

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

[longwaitgigu]

Why medicals now?

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

[longwaitgigu]

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

[texas_]

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

No i140 is approved already

[bones20]

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

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

[JoinedToAsk]

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

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

Can you please share his tweet?

[Turbulent_Dragonfly]

Can you please share his tweet?

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

[idliman]

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

[drop2ocean]

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

[Turbulent_Dragonfly]

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

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

[idliman]

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

[srimurthy]

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

[qesehmk]

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

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

[idliman]

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

From the Oct 2020 VB:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:
India: Rapid forward movement

Employment Second:
India: Rapid forward movement

Employment Third:
India: Rapid forward movement

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

[mcmilers]

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

[bones20]

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

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

[srimurthy]

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

From the Oct 2020 VB:

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

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

[srimurthy]

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

[alpha0]

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

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

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

[suninphx]

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

From the Oct 2020 VB:

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

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

[qesehmk]

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

[idliman]

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

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

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

[bones20]

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

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

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

[vsivarama]

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

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

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

[bones20]

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

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

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

[vsivarama]

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

[android09]

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

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

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

[rabp77]

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

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

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

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

[idliman]

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

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

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

[jimmys]

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




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

[Turbulent_Dragonfly]

Thanks Q.

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

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

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

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

[bones20]

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

any suggestions on the above?

[android09]

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

any suggestions on the above?

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

[bones20]

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

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

[Turbulent_Dragonfly]

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

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

[reys03]

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

[Turbulent_Dragonfly]

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

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

[android09]

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

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

[nbk1976]

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

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

Thank you.

[Turbulent_Dragonfly]

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

Thank you.

Yes, preserved it for FB.

[Turbulent_Dragonfly]

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

Siskind tweeting on new H1 rules.

[bones20]

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

[qesehmk]

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

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

[Turbulent_Dragonfly]

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

[Turbulent_Dragonfly]

I guess Karma is still alive and well...

[iamdeb]

Hi,

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

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

Any feedback/info is deeply appreciated!

Thanks!

[bones20]

Hi,

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

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

Any feedback/info is deeply appreciated!

Thanks!

Yes, every detail in BC is very critical.

[iamdeb]

Yes, every detail in BC is very critical.

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

[cool_dude]

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

[Turbulent_Dragonfly]

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

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

[Turbulent_Dragonfly]

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

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

[Turbulent_Dragonfly]

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

[bones20]

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

[rohanvus]

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

[Sebiswaiting]

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

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

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

[Turbulent_Dragonfly]

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

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

[Turbulent_Dragonfly]

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

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

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

Best to check with your attorney.

[skpanda]

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

My PD is EB2 Dec 2010.

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

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

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

Questions:

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

[Moveon]

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

[JoinedToAsk]

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

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

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

Any thoughts?

[h1bh1bh1b]

To iamdeb

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

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

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

Check with lawyer

[srimurthy]

To iamdeb

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

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

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

Check with lawyer

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

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

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

[Dallas111]

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

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

[idliman]

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

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

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

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

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

[vsivarama]

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

[vedu]

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

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

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

[vsivarama]

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

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

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

[monsieur]

.....

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

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

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

[vedu]

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

The estimates provided on the USCIS website are generally very conservative, and the range 8-23 months is very wide. The lower end of it does come under a year. So, the filing dates at the beginning of the year are still the best estimate of where the final action dates will end up by the end of the year. Let's stay positive and hope for raining RFEs sooner than later.

[bones20]

QQ: anyone doing premium processing for EAD? Lawyer (Fragomen) says that its not enabled yet.

[raradhya]

Hi,

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

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

Any feedback/info is deeply appreciated!

Thanks!

You can provide 2 things for birth certificate.
1. Non availability of birth certificate from the government agency even after searching the records. this need to be notarized. usually the DTP centers near the city hall will be able to get this on a spamp/estamp paper.
2. affidavit from both parents (or a relative atleast 7 years elder to to the applicant) confirming the date and place of birth. this need to be notarised aswell. i this document you can specify the place of birth same as the one in the passport.

[maverick2010]

QQ: anyone doing premium processing for EAD? Lawyer (Fragomen) says that its not enabled yet.

This option is not made available yet. We have to wait for official announcement.

[maverick2010]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

[Turbulent_Dragonfly]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

For me, the best case scenario would be the FAD reaching the FDs. The worst case scenario may not be known until probably Jan or maybe even April.

[inspired_p]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

Best case - FADs move to FDs by Feb 2021.

Worst case - FAD movement similar to 2020 expecting the Spillover to be recaptured for FB through congress and hence wasting the visas even if congress does not take away the spillover.

[Abhinav3799]

I have done some data crunching to determine if downgrade from EB2 to EB3 will really help or not. Considering horizontal and vertical spillovers , EB2 India might get approximately 30K Green cards in 2021 and EB 3 India might get 20K. However , due to high demand in EB2 category , I don't see EB2 final action date moving beyond Q1 of 2011. EB 3 India might get to end of fiscal year 2011 as demand is significantly low. so people with priority date beyond january 2011 should consider downgrading option.
Detailed analysis with all the source data is given in below given link :



http://chatur-chintamani.blogspot.com/2020/10/october-2020-visa-bulletin-filing-in-eb.html

[Abhinav3799]

I have done some data crunching to determine if downgrade from EB2 to EB3 will really help or not. Considering horizontal and vertical spillovers , EB2 India might get approximately 30K Green cards in 2021 and EB 3 India might get 20K. However , due to high demand in EB2 category , I don't see EB2 final action date moving beyond Q1 of 2011. EB 3 India might get to end of fiscal year 2011 as demand is significantly low. so people with priority date beyond january 2011 should consider downgrading option.

Factors considered :

1. Spillover from family based category
2. past 2 years demand in EB2 and EB3 category for non-china non-india applicants
3. EB1 category demand from past 3 years and possible spillover to EB 2
4. India I 140 filings in 2009-2015 for EB2 and EB 3
5. EB3 to EB2 Upgrades happened during 2010-2015
4. twince count of demand as spouse filing I 140 separately

Detailed analysis with all the source data is given in below given link :



http://chatur-chintamani.blogspot.com/2020/10/october-2020-visa-bulletin-filing-in-eb.html

[Octgc7]

Hi,

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

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

Any feedback/info is deeply appreciated!

Thanks!

I also face the same issue. If you want to change it in passport, first you need to fill in the CKGS form and then take pre approval from the consulate in your jurisdiction. I contacted the Indian consulate in NYC to change the place of birth in passport. They emailed me this "You may apply for passport renewal requesting change of place of birth, attaching a supporting document like Birth Certificate. Please bear in mind that only city of birth can be changed, state and country of birth CANNOT be changed.".

I filled in the necessary forms from CKGS website and submitted the passport along with the birth certificate and the email from consulate. Now am waiting for the update.

[Zenzone]

Q, SPEC & Experts,

When time permits can you please post the worst case and best case prediction scenarios for EB2 & EB3 for 2021? This will help many viewers understand what can happen and make informed calls on downgrading, interfiling, etc.

Thanks!

If visa wastage is kept to acceptable levels, I would expect EB2 and EB3 FAD to converge around mid to fall of 2011 by next September.

[iamdeb]

quick question....is the I-944 form, one for each applicant applying for I-485, or is it one per family?

[android09]

quick question....is the I-944 form, one for each applicant applying for I-485, or is it one per family?

One for each person applying.

[Positive]

If visa wastage is kept to acceptable levels, I would expect EB2 and EB3 FAD to converge around mid to fall of 2011 by next September. No amount of visa wastage is acceptable. We should all prepare to sue the administration early in the fiscal year if it looks like visas will be wasted. After having waited for 10+ years we have a reliance interest that our applications will be processed timely and visas utilized as intended under the law.

[Zenzone]

One for each person applying.

Applying for I-485 and AOS to be precise. For example, US citizen kids need not fill in separate I-944 forms as they don't need to adjust status with you.

[Zenzone]

No amount of visa wastage is acceptable. We should all prepare to sue the administration early in the fiscal year if it looks like visas will be wasted. After having waited for 10+ years we have a reliance interest that our applications will be processed timely and visas utilized as intended under the law.

I'm with you if the world was all sunshine and roses :).

[iamdeb]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

[Turbulent_Dragonfly]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

Any new I-140 is attracting significant scrutiny as a completely fresh application with no regard to established prior eligibility. So check with your attorney and you may need to do a fresh educational evaluation to establish the equivalency for the 3 year Bachelors. Also EB2 or EB3 depends on the requirements of the position, and not the educational qualifications of the applicant.

[gthbvf]

Wondering how PERM can be ported from old to new employer. (Never heard of this)


If you have PERM+I140 approved in EB2 with existing employer , It makes sense to file I-140 (EB3) and AOS concurrently and get EAD/AP.

To my understanding I-140 is more about employers ability to pay than Employee's education/skillset. If your current employer is on solid fiancial ground you have
nothing to worry about.

In worst case you will still keep your I-140 EB2 and can file AOS when DF is available to you under EB2

[iamdeb]

Wondering how PERM can be ported from old to new employer. (Never heard of this)


If you have PERM+I140 approved in EB2 with existing employer , It makes sense to file I-140 (EB3) and AOS concurrently and get EAD/AP.

To my understanding I-140 is more about employers ability to pay than Employee's education/skillset. If your current employer is on solid fiancial ground you have
nothing to worry about.

In worst case you will still keep your I-140 EB2 and can file AOS when DF is available to you under EB2

Thanks for the response...That was a typo on my part about PERM ported from old to new employer...i meant the PD was ported from the old employer...my current employer filed a PERM again in 2015 under EB2 the I-140 for which was approved in 2016...I am bit queasy regarding the downgrade after reading the excerpt from another site...

"USCIS will look at this new I-140 filing with fresh eyes. This means they will re-adjudicate the entire petition again. Just because you received an approval before does not guarantee that the new petition will be approved. There is no deference given to prior approvals. Your employer must have the ability to pay the offered wage from the priority date to the present, your education and experience must meet the stated requirements on the labor certification which will be interpreted under the current adjudication trends, which may have changed from when you previously filed the EB-2 I-140. If the EB-3 downgrade is ultimately denied, it could impact the approved EB-2 I-140 depending on the reason for denial"

[Jonty Rhodes]

My PD is EB2 May 20, 2011. I missed out by 5 days on filing dates in EB2.

I have prepared and sent my application to my attorney already with I-485 and I-944. I am going to wait for November visa bulletin. If EB2 filing dates advance and if my EB2 priority date becomes current then I will just go ahead and file I-485 in EB2. If dates don't advance in November visa bulletin, then I will go ahead and downgrade EB2-EB3 before October 31 as my application is already with the attorney.

My question is that do I need to send medicals right now or can I wait till the USCIS sends an interview invite and send the medicals before that? My attorney requested us not to do medicals right now and instead asked us to wait till the USCIS asks for them.

Is that ok to do?

[rocketfast]

My PD is EB2 May 20, 2011. I missed out by 5 days on filing dates in EB2.

I have prepared and sent my application to my attorney already with I-485 and I-944. I am going to wait for November visa bulletin. If EB2 filing dates advance and if my EB2 priority date becomes current then I will just go ahead and file I-485 in EB2. If dates don't advance in November visa bulletin, then I will go ahead and downgrade EB2-EB3 before October 31 as my application is already with the attorney.

My question is that do I need to send medicals right now or can I wait till the USCIS sends an interview invite and send the medicals before that? My attorney requested us not to do medicals right now and instead asked us to wait till the USCIS asks for them.

Is that ok to do?

Most companies in silicon valley are saying that they will not file medicals right now - to reduce their workload.

In other news, a medium sized company in silicon valley sent a mail to its employees that USCIS is rejecting new I-140 downgrades this month. It could be that they are wrong. If not, the news will eventually percolate in a few days.

[greenjpr]

Hi Gurus,
My PD is June 2010 and I am with sane employer for 12 yrs.

My company attorney filed my i485, EAD, AP by Oct 1st itself after I pressured them do mine first.

However they did not file i944 and I also missed it. When I asked after reviewing this forum, they told that until 10/12 i944 is not mandatory and attorney will file when we get RFE.

Will this cause any delay? Attorney also told me not to submit credit report, medical services now. I am worried about i944 and any possible delays due to that.

[Jonty Rhodes]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.

[bones20]

Most companies in silicon valley are saying that they will not file medicals right now - to reduce their workload.

In other news, a medium sized company in silicon valley sent a mail to its employees that USCIS is rejecting new I-140 downgrades this month. It could be that they are wrong. If not, the news will eventually percolate in a few days.

which company?

[Turbulent_Dragonfly]

Hi Gurus,
My PD is June 2010 and I am with sane employer for 12 yrs.

My company attorney filed my i485, EAD, AP by Oct 1st itself after I pressured them do mine first.

However they did not file i944 and I also missed it. When I asked after reviewing this forum, they told that until 10/12 i944 is not mandatory and attorney will file when we get RFE.

Will this cause any delay? Attorney also told me not to submit credit report, medical services now. I am worried about i944 and any possible delays due to that.

Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

After Oct 13, if you send without I-944, they will reject the whole packet.

https://www.fragomen.com/insights/alerts/uscis-resumes-nationwide-application-public-charge-regulation

[android09]

Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

After Oct 13, if you send without I-944, they will reject the whole packet.

https://www.fragomen.com/insights/alerts/uscis-resumes-nationwide-application-public-charge-regulation

Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

[Zenzone]

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

8-23 months is a huge window and it depends on certain high risk country applications taking longer especially. As long as the interviews happen things shud keep moving as biometrics usually happen 2-3 months within filing as such. Also, remember if there is an admin. Change they could even make interviews optional or waive them for EB applications. Remember EB interviews were made as a requirement without any rulemaking so its easy to rescind them if the next admin. Wants to do it.

[jimmys]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.

The chance for EB-2 filing date move any further in November is very slim. They moved the date to May 15,2011 calculating the I-140#. Until they have the I-485 count till May 15,2011, they may not move the FD.

Your PD has very good chance of becoming current in EB-3 in FY 2021(Unless too may people jump lines from EB-2 to EB-3 before your PD). If I were you, I will just file it in EB-3 (If you want to wait for Nov bulletin, that is fine) and be done with it.

Honestly I will avoid filing two I-485s.

[rocketfast]

which company?

Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

[shivab55]

Can gurus advie derivative minor children need to file I 944?

[horizon1012]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

[optimista]

Folks,

I had EB3 with my first employer many years back and have EB2 with my current employer. PD July 2010. I am already applying with current employer in EB2. The first employer can also apply for GC in EB3. He is willing, as long as I am paying. What should I do in this case? The lawyer had told me that for old employer, it would an issue to prove the sustainability of job offer since I had left him six years ago. But with new employer the issue is I will be applying for I-140 concurrently, so there is pressure of whether I-140 gets approved without any issues or not.

I am wondering whether applying with 2 employers will cause any confusion at USCIS. Also in case of old employer, I would need to find a project to work with him.

Can you please give your advice?

Thanks

[JoinedToAsk]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

How do you know about this?

[horizon1012]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trump-calls-for-congress-to-approve-second-1200-stimulus-checks.html. I hope they don't include FB clause in this standalone version.

[dus_saal_baad]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

[rabp77]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

sometimes the case status updates have not been reliable. Had a case that was approved, but status page was showing receipt. so please dont worry about it.

[Zenzone]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trump-calls-for-congress-to-approve-second-1200-stimulus-checks.html. I hope they don't include FB clause in this standalone version.

You are talking about a possibility of a retroactive immigration law? No chance. Whatever is done (if any to begin with) will be only for next fiscal and not for the SO that has already come in on Oct 1st this year. Like Q said we can go to the bank with this fiscal's SO as its already credited lawfully at the time it was given.

[android09]

No doubt imdeng ... miss the oldfolks like Kanmani, nishanth, soggadu and many more... this forum has been helpful and specially few great folks who made good impact on our lifes..specially Q, Spec and many more

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.

[qesehmk]

You indeed are imdeng!

Some people say receiving GC does not feel any different. My own experience was different. I smelled (?smelt?) freedom when I received a GC. It was so suffocating for me to have to renew this visa that license and so on. Every damn step of the way they have made immigrant life miserable. That's why I hate those anti-immigrants so much. They themselves have been immigrant ones but now they don't want new ones.

I personally am fortunate to have made friends here on this forum and it made my own life easier.

Take a deep breath. If you go to Lansing, go to the Indian temple on my behalf. With you receiving a GC my own memories have become fresh! Have fun and put the laptop down for this weekend!!


Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

[qesehmk]

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.
Many many people have contributed android. Some more some less. But generally my philosophy is to let people be the judge and custodian of their own kindness :) That's how the forum has seen many great and kind contributors and continues to do so.

[toomuchguy2]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

[Spectator]

Spec - you never told us about your own approval. Don't mean to intrude your privacy. But quite a belated congratulations are in the offing for you! Congrats. People often think you and I are the same people and I just want to say there is one and only Spectator! And it's not me.

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

[rocketfast]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

[imdeng]

imdeng,

I'm so pleased to hear this news!!

As Q said, let yourself revel in the moment, at least for a little bit.

Although some time a ago now, I still remember the feeling of hearing about the approval.

Thanks for all your contributions to the forum. I hope they continue.

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

[Turbulent_Dragonfly]

Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

[android09]

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

What they told me is that they've got to do 30 plus I-485 for staff and their families before end of October, me included. So they will file for I-485 base application (I-485, EAD, AP, 944 and I-693) for all of us and when the RFE comes back, they will send in the 485 J. They mentioned this is how they've been doing it always. PS. They are a large employer in the area and not into consulting etc.

[toomuchguy2]

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

Thanks for your feedback rocketfast

Other guru's please (Spec, Q etc) what's your take on this?

[sportsfan33]

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

Spec is Doctor Who. (s)he was undergoing a "regeneration cycle" then. Now, (s)he's back with a new Avatar.

Yeah...Spec's been around forever...as long as Q's forum (the first two posts are made by in fact him and you; imdeng), unchanging, unyielding, always analytical, always to the point, always helpful.

I still lurk. I hope you will too, imdeng!

[sportsfan33]

Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

That's quite a journey imdeng! But I will tell you this; "what doesn't kill you makes you stronger".

Seriously, EB-I immigrants should write memorandums/biographies of this journey and bury them in a time capsule. Future historians will find this stuff almost unbelievable.

Make it one beer and one shot of single malt for you today imdeng! Congrats again; your GC made me relive the memory of me receiving it. I am feeling your happiness!

[sportsfan33]

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

Wha?!?! Spec's a legal immigrant too! Hear hear :)

No, your days are hardly numbered dear friend. Q's forum will live. Even if there are no useful numbers, this is a forum after all! We can all share news, lift each other's spirits, chat on other topics, share life stories, promote immigration advocacy...really, the number of things that could be done are countless. I don't think your only contribution is sharing accurate numbers...I think your empathy, kindness, reassurance have been very valuable to everyone, including me. I remember how back in 2014, I was frustrated when I didn't receive the blasted medical RFE and was flooding your inbox with my frustrations!

I do hope though that transparency will rule the day and these shenanigans will stop. A lot can be done to ensure fairness and transparency can be enforced in the USCIS's way of doing things. Let's hope for a brighter and more hopeful 2021!

[richie.rich]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

I feel that it is going to be other way around. Since EB2 is not eligible to file after May 2011, so all EB2 from June 2011 till Jan 2015 will downgrade and do concurrent filing. That way they will fit in the queue. They will maintain their H1B. If EB2 gets further, they have the option to do interfiling.

It will be riskier from EB2 PD May 2010 - May 2011 to downgrade now with concurrent filing. If by any chance, I-140 get denied, they will be out of queue. Best bet is to not downgrade now and file under EB2 and stay in queue. Later, maintain H1B and start downgrade process to EB3 and file it in future, when dates are current.

Again, this is my thought process and I am not an attorney. Please reach out to your attorney and discuss more. All the best!!!

[radheys]

What about those EB2 between May 15- 30, 2011? should they downgrade or wait for next month bulletin?

[iamdeb]

My PD is May 23,2011 EB2-I...what suggestion do you have for those EB2-I whose PD fall between May 15-31, 2011?

[iamdeb]

In trackit, EB3-I folks with PD in 2013 are getting NVC consular processing notices......i thought NVC sends mail only to those candidates who PD is near the final action date....does it mean EB3 PD FAD is going to reach 2013 soon......

[richie.rich]

My PD is May 23,2011 EB2-I...what suggestion do you have for those EB2-I whose PD fall between May 15-31, 2011?

Since you missed the date in EB2, If I were you, I would downgrade to EB3 with concurrent filing. Maintain your H1B and keep this as a backup plan. If EB2 moves beyond, since most of the people will be downgrading during that time, you can always do interfiling back to EB2.

Please speak with your Immigration Lawyer as well before you do anything. You can suggest him this and see what he says. All the best!!!

[Turbulent_Dragonfly]

In NPR, they frequently say that instead of rushing to connect the dots immediately when some big news breaks, they collect the dots and slowly try to figure out what's going on without rushing to judgement. In my view, Trackitt is basically Cable News like CNN, Fox etc., while this forum is NPR. :D

[qesehmk]

Spec, Yes. That's what I always thought. It matters little to me where somebody is from. What matters is their character. And you have plenty. We certainly have ups and downs and quarrels on this forum too. I do butt heads too. But by and large we have managed to be civil, cooperative and objective. The credit belongs to everybody here.

I and so many others would hope your days on this forum are not numbered. Yes the 485 inventory is not around. But if you remember it was not around when I first started publishing my forecast (it was so manual then!!). I poured over all websites, came up with what ever was available and a quite decent forecast model that correctly predicted that EB3-I was doomed. I stopped publishing that model sometime in 2013 when I built WhereismyGC. I think there is ample information around, it just isn't as readily consumable as a 485 inventory. That's what I do at WhereismyGC. Don't mean to plug in WhereismyGC. Just trying to explain that information exists in different ways that are not readily consumable.

I received my GC approval in 2011. So yes long time has passed since. Finally, I did become a citizen last month after waiting out four years. The reason I called it difficult decision was not because I was hesitant to become a US citizen. Rather it was about giving away my Indian passport and becoming a second class citizen (called OCI). I just couldn't stomach the thought. But I guess one has to move on !

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

[imdeng]

Don't remember Kanmani? She is probably one of the best legal minds on this forum. She could find references and split meaning like nobody. Haven't see her in a while though.

Of course I remember Kanmani - she was Spec's near equal when it came to legal matters. I was confused by whether Sri is referencing her legal mind of whether Sri *is* Kanmani's legal mind.

I have vivid memories of Kanmani figuring out my entire history - my Engg, my MBA, my PhD schools - through just my username here and location. She sent me a nice message after she deciphered my history. She was brilliant and hope she is doing well. Her PD was like a month before me IIRC - so she should be green by now if she is still in US.

[Positive]

I feel that it is going to be other way around. Since EB2 is not eligible to file after May 2011, so all EB2 from June 2011 till Jan 2015 will downgrade and do concurrent filing. That way they will fit in the queue. They will maintain their H1B. If EB2 gets further, they have the option to do interfiling.

It will be riskier from EB2 PD May 2010 - May 2011 to downgrade now with concurrent filing. If by any chance, I-140 get denied, they will be out of queue. Best bet is to not downgrade now and file under EB2 and stay in queue. Later, maintain H1B and start downgrade process to EB3 and file it in future, when dates are current.

Again, this is my thought process and I am not an attorney. Please reach out to your attorney and discuss more. All the best!!!

A separate I-140 in EB3 would not directly impact the originally approved EB2 I-140, denial of the former would not affect the latter.

[Positive]

Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

Amending the I-140 means if it is rejected you are done. If you file a separate I-140 for EB3, if it is rejected, you still have your approved EB2 I-140.

[Positive]

I'm with you if the world was all sunshine and roses :).

:o I meant it as an action plan. Seriously. My PD is Sept 2013. I have been on work visas for 14 years. If we let them waste visas, they will.

[Positive]

I have 3 years Bachelor degree in Computer Science (BS) followed by 3 years of Post Graduate Diploma in Computer Application from India.
My previous employer filed my first PERM ( Priority Date: May 23, 2011) under EB2 (Masters + 1 year experience) and the I-140 got approved in Dec 2011.
My current employer filed my second PERM (ported the first PERM) under EB2 category (Masters + 3 years exp/Bachelors + 5 years exp) and my current I-140 was approved in 2016 ( Priority Date : May 23, 2011)

Will the downgrade from EB2 to EB3 cause any red flag with the new I-140 because of my educational qualification?
Thanks!

I have a Ph. D and J.D. as requirements for my current position. Both are considered doctorate level. I am downgrading and my attorney does not see any legal issues.

[newyorker123]

I have a Ph. D and J.D. as requirements for my current position. Both are considered doctorate level. I am downgrading and my attorney does not see any legal issues.

Why don't you try EB1A/EB1B if you have a Phd ?

[imdeng]

Why don't you try EB1A/EB1B if you have a Phd ?

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

[moon80]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait


I think you have generalized a big timeframe EB2 PD May 2010-May2011.

I believe EB2 I can easily gets GC in 2021 till Dec 2010, so no point downporting till then.

[newyorker123]

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

I understand and I am speaking from experience too.
EB1A is always very difficult (though I know outliers with only undergrad degrees who got it approved).
But EB1B has high rates of success, and a Phd naturally leads to EB1B criteria fulfillment. More so, as an EB1B always backed by an employer.

[rohanvus]

I think you have generalized a big timeframe EB2 PD May 2010-May2011.

I believe EB2 I can easily gets GC in 2021 till Dec 2010, so no point downporting till then.

Whats your take on filing date for EB2 ? Do you see this move at all in coming months or would EB2 filing date retrogress ?

I have PD of Dec 2,2011 (EB2) . Hence double minded whether i should downgrade or stay put in EB2 .

[Positive]

Just having a PhD does not make you eligible for EB1A/B - there are bunch of other constraints. I am speaking from experience.

Exactly. You need to be doing research or work as a professor for EB1A and EB1B, respectively.

[Positive]

I understand and I am speaking from experience too.
EB1A is always very difficult (though I know outliers with only undergrad degrees who got it approved).
But EB1B has high rates of success, and a Phd naturally leads to EB1B criteria fulfillment. More so, as an EB1B always backed by an employer.

Here's what USCIS has on its website for EB1B and I am sure it closely follows the statute/regs:

"You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer."

[moon80]

Whats your take on filing date for EB2 ? Do you see this move at all in coming months or would EB2 filing date retrogress ?

I have PD of Dec 2,2011 (EB2) . Hence double minded whether i should downgrade or stay put in EB2 .

Filing dates are hard to predict. But IMHO I think filing dates might move a bit in NOV but not sure whether it will cover dec 2011.
I think you should start preparing for EB3 downport and file 485 ASAP.

[newyorker123]

Here's what USCIS has on its website for EB1B and I am sure it closely follows the statute/regs:

"You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer."

Note: "Private employer"
Many employees in private companies having Phds would have been eligible for EB1B "if the employer wanted to file". Employers don't want to, for obvious reasons.

[rohanvus]

Filing dates are hard to predict. But IMHO I think filing dates might move a bit in NOV but not sure whether it will cover dec 2011.
I think you should start preparing for EB3 downport and file 485 ASAP.

Thanks moon.
Does downporting mean that i am out of EB2 queue forever if i switch to EAD posting 485 filing ?
In other words , if I switch from H1B to EAD and we then see EB2 FAD advance , can i get back to EB2 queue at that point ?

[iamdeb]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........

[texas_]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........

I would say go with the downgrade without wasting a second.
It won’t harm your existing EB2 approval, however downgrading would give you more path open to receive green card faster

I listened to Spec and Q 3 years ago now I have both eb2 and eb3

Please take advantage of existing rules and be at peace

Hope this helps

[rohanvus]

I would say go with the downgrade without wasting a second.
It won’t harm your existing EB2 approval, however downgrading would give you more path open to receive green card faster

I listened to Spec and Q 3 years ago now I have both eb2 and eb3

Please take advantage of existing rules and be at peace

Hope this helps

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

[YTeleven]

My PD is EB2-I May 23,2011...........my company has agreed to downgrade.......I know its a personal call but wanted to check with the experts in this forum whether or not I should downgrade to EB3 or wait in the EB2 queue..........
Just file it before 30th.. if you need motivation check my last 7 year posts.. EB2 will never catch up with EB3 in next 10 years.

[YTeleven]

I have a complicated question.

My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

Now, I have 2 choices.

1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

or

2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

I am leaning more towards option 2, because

If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

Does that make sense?

Need the expert opinion here.
You're playing too safe game which may delay your GC.. I can easily predict that EB2 FD will be there for another 6 months but it's hard to predict a 5 more days of advance movement in next 6 months.. so it is wise to file 485 along with eb3 downgrade by 30th..

[texas_]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

I’m not an attorney so request you to kindly contact your attorney
I advise you to start downgrade process and file 485 concurrently while you have 20 more days

[inspired_p]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.

[gcconnect]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know


Even i have same Questions, there is info below, but could not get clear answer. Gurus can some one let us know

https://www.murthy.com/2013/07/26/interfiling-new-immigrant-petition-into-pending-i-485-case-part-1-of-2/

[rohanvus]

You're playing too safe game which may delay your GC.. I can easily predict that EB2 FD will be there for another 6 months but it's hard to predict a 5 more days of advance movement in next 6 months.. so it is wise to file 485 along with eb3 downgrade by 30th..

YT , how about PD with DEC 2,2011 in EB2 ? Even this date will not see light of the day say in 3 years from now ?

Yes EB3 is way ahead in terms filing date right now (but this will likely retrogress) but FAD dates may see some see-saw effect w.r.t to EB2 .
EB2 can get additional vertical spillover unlike EB3 which gets only horizontal spillover from ROW, provided this time USCIS does not waste the additional visas from FB category . In such case I see EB2 and EB3 kinda coming to some kind of equilibrium in couple of years

[YTeleven]

YT , how about PD with DEC 2,2011 in EB2 ? Even this date will not see light of the day say in 3 years from now ?

Yes EB3 is way ahead in terms filing date right now (but this will likely retrogress) but FAD dates may see some see-saw effect w.r.t to EB2 .
EB2 can get additional vertical spillover unlike EB3 which gets only horizontal spillover from ROW, provided this time USCIS does not waste the additional visas from FB category . In such case I see EB2 and EB3 kinda coming to some kind of equilibrium in couple of years
If I just consider numbers I would predict that EB India should get 150k this year and 100k next year if there are zero visa wastage. That will comfortably move the EB2I dates to 2012 by next year. but here lot of other factors making uncertainty.. like court stay on fee hikes, uscis processing capacity, current political environment

[vsivarama]

Hey texas,

I am in same situation . However confused about below aspects and havent been able to get a clear answer

a) Incase EB3 I-140 petition gets denied , will that harm existing I-140 petition (under EB2)?
b) In future if EB2 advances then will it be possible to switch back to EB2 queue easily ? Does one have to be on H1 to make that switch or can we switch back to EB2 queue while on EAD also ?

You have lived this situation , so hearing from you will be very helpful

Please let me know

a) It depends on the denial. If the cause of denial somehow puts into doubt the original perm or if there is a reason to believe a fraud has been committed then EB2 i140 may be revoked as well. Else there is no impact of EB3 i140 being denied on EB2 i140.
b) One has to be on H1 to make the switch back to EB2. My lawyer as he put it one needs to be on an underlying immigrant visa (H1, L1) to be able to move back to EB2 queue. The moment you switch to EAD, you are basically saying that you will be using the 485 - AOS filed to pursue your GC.

[iamdeb]

Hi All,

As you know recently USCIS has amend the drop box eligibility to 24 months. My H1B visa on passport expired on Mar 23,2000. As per usual drop box rules I am eligible for it till Mar 23,2021. With the drop box eligibility being extended to 24 months does it mean that I will be eligible for drop box till Mar 23,2022.

Thanks!

[suninphx]

If I just consider numbers I would predict that EB India should get 150k this year and 100k next year if there are zero visa wastage. That will comfortably move the EB2I dates to 2012 by next year. but here lot of other factors making uncertainty.. like court stay on fee hikes, uscis processing capacity, current political environment

I know it's early, but I don't see a case where visas are NOT wasted. I don't see a flurry of approvals either on trackitt or any where else. So much for processing power. Plus lots and lots of people are downporting (and rightfully so) is going reduce processing power even more. Surely hoping for a much better outcome though.

[JoinedToAsk]

Experts,

My priority date is Nov 2010 EB2I. I am hearing mixed messages from friends and several lawyers that I should continue to file in EB2I. I thought of posting here what I have gathered so far. I'd appreciate honest guidance.

Reasons for staying with EB2I in Oct/Nov 2020:

1. Let's assume that I have filed in EB2I in Oct/Nov 2020, and EB3I FAD becomes current in, say, Jan 2021. Now, if I downgrade to EB3I in Jan 2021, USCIS will not pick my EB3I in Jan 2021 although EB3I is current because I will not have an approved I-140. In other words, I'd be downgrading the month in which EB3I FAD becomes current. So, USCIS will first process those EB3I applications that will have an approved I-140 rather than mine. As a result, my application might be delayed by several months from Jan 2021.

2. I-140 in EB3I can be upgraded to premium no less than 60 days after filing downgrade application. Even then, it's at the discretion of USCIS to convert I-140 from regular processing to premium processing. So, if USCIS processes my application in regular processing (i.e. premium processing is denied), there could be a waiting period of 5-6 months for I-140 approval. Moreover, in this time, EB2I FAD might cross Nov 2010. So, I am better off staying in EB2I.

3. EB2I will get more spillover because EB1 > EB2 > EB3 in terms of priority. So, EB2I will progress faster than EB3I.

4. Sometimes downgrade/interfiling applications get lost without any updates from USCIS for several months. People go to congressmen/women for status updates, and still nothing happens. So, stay with EB2I.


Reasons for downgrading from EB2I to EB3I in Oct/Nov 2020:

1. I-140 data shows less inventory for EB3I than for EB2I in 2009/10, which implies relatively faster movement for EB3I than EB2I for Nov 2010 PD.

2. After downgrading and with approved I140 in EB3I, I will have an option to file through EB2I or EB3I. I will thus be covered either way.

3. For spillover, the priority of EB1 > EB2 > EB3 isn't right. FB spillovers are allocated equally to EB2 and EB3. This point is counter to #3 in EB2I section above.

4. After downgrading to EB3I, if EB2I moves faster than EB2I, I may not be able to upgrade to EB2I since USCIS may restrict such movement in future to make EB2I faster than EB3I.

I have gathered above data after throwing several hundred dollars on consultation. I'm very frustrated because I feel that I am getting incorrect or partially correct information. I'd appreciate if someone can give me an honest advice.

[newyorker123]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?

[YTeleven]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?
For new perm, file 2 i140s one in EB2 another one in EB3..otherwise just EB3..

[YTeleven]

Still I prefer EB3 downgrading..key here is I140 processing power.. uscis has processed significantly higher number of i140s compared to 10 years ago..now the I140 demand reduced to 2009 levels so increase in downgrades will compansate that reduced demand..also you mentioned discretion of USCIS..if their target is not to waste visas then they have to process these downgrades on priority..

[vsivarama]

I have an older EB2 I140 from late 2012, and am joining a company now. Will need to restart PERM process. I am confused whether to start it in EB2 or EB3. Any advice ? Overall if EB3 is always going to be ahead of EB2, does it make more sense to start using EB3 ?

As far as I know you do not need to determine EB2 or EB3 at the time of perm filing. Just make sure that the perm meets the minimum standards for EB2. At the time of filing i-140 which is still months away in your case you can pick either EB2 or EB3 to file for i-140. You will have a more clear picture at that time.

[vsivarama]

@JoinedToAsk
FB Spillovers are allocated equally to EB1/EB2/EB3. But EB2 might have higher spillover because EB2-ROW usage has been low as per previous years trends and EB2 is Likely to get vertical spillover from EB1 as there will be leftover numbers even if EB1 is made current for the year. So basically it boils down to this. There are more folks in EB2 queue but EB2 will also have higher spillover compared to EB3 for the reasons mentioned above. EB3 has less people in the queue and less spillover compared to EB2. Plus additional i-140 processing is required for you. End of the day it could go either way for you. It's up to you to decide how far you are willing to go for the possibility of getting a GC maybe a few months earlier at best? I am saying this based on the assumption that USCIS does NOT intend to waste visas. If their intention is to waste visas then maybe you are better off in EB3. I do not think anyone can predict what route USCIS will adopt until next couple of months.

[seepz123]

Hello Gurus, I need some advice regarding a job move that I am having to make. My priority date is in March 2010, and I have been on a H1-B (since 2005), and I am planning to take up a new job now as my employment with the current employer (whom I have been with since 2008) is a bit shaky due to external uncertainties. As I plan to make use of my EAD for the new employment, are there any documents that I need to submit to USCIS while making this move?

[longwaitgigu]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.
Can you please tell me or anyone
How may i944 form is needed - is one per family enough- that's what our lawyer send
We both - husband and wife r filing i485 and lawyer said only primary applicant has to file i944
Is it true?

[longwaitgigu]

My lawyer now said
With oct 2010 eb3 PD
Not to do medicals
This is not what he said prior

[sanjeevchhibber]

I have EB2I with priority date of 10th August 2011, my perm. was filed when I was Analyst now I am Director in the same dept.. (natural progression), my employer is ready to downgrade, I ma keeping all my documents ready now my dilemma is choose which option

Option 1) Monitor November visa bulletin, if EB2I filing date moves by 3 months & reach my date then just file I485 and in the future if the final action dates for EB3 reach August 2011 before EB2 then at that time do a downgrade to EB3/I485

Option 2) Should I downgrade to EB3 now and file I140/485 together and assume that EB3 will give GC faster since I140 Inventory in EB3 in 2010/2011 is very low

My lawyer is saying there is some risk in my case because My Title is Changed not sure why this matter because job duties are same, will that risk be more with EB2 or With downgrading to EB3 not sure ?

friends I am new on this site, Any suggestion/advice appreciated

[1312011_eb2I]

Hi all,
My lawyer is busy and told me they are planning to submit my (I485) application by 20-23 Oct.
Do I have any options here and is it safe to wait for few more days?
Kindly advise.

[inspired_p]

Can you please tell me or anyone
How may i944 form is needed - is one per family enough- that's what our lawyer send
We both - husband and wife r filing i485 and lawyer said only primary applicant has to file i944
Is it true?

My lawyer told me the form 944 is required for each I-485 application ( primary and derivatives) , but supporting documents are mostly common

[rabp77]

Question about Medicals
My lawyer is adamant saying no need to file I-485 with medicals. We should wait for the RFE. I really feel my PD is OCT 2010 is expected to be current in EB3-I for sure, so the medicals may not be a waste of money.
Other than the medicals expiring and loss of money, is there any reason why it makes sense not to file with medicals that I do not know.

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---

[Turbulent_Dragonfly]

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---
My attorney’s decision regarding medicals since I am May 2010 was that we will still be dealing with the pandemic come Jan-Feb 2021. So there may be a possibility that they will waive the biometrics and interview so the hope is once the FAD is current, there will be no other delays. Only time will tell I guess.

[inspired_p]

Your lawyer is right. Please see the lines below from page 15 of the i-485 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-485instr-pc.pdf).

---
You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if youwish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.
---

Thank you for this information. I think this can be extrapolated to understand that medicals can be sent in anytime during I-485 is pending and we don't have to wait for an RFE for the same.
Is that correct ?

[inspired_p]

My attorney’s decision regarding medicals since I am May 2010 was that we will still be dealing with the pandemic come Jan-Feb 2021. So there may be a possibility that they will waive the biometrics and interview so the hope is once the FAD is current, there will be no other delays. Only time will tell I guess.

I too have the same mindset. Why add time to the process by ensuring a RFE.

[Positive]

Note: "Private employer"
Many employees in private companies having Phds would have been eligible for EB1B "if the employer wanted to file". Employers don't want to, for obvious reasons.
My point was that if one is not in a research or teaching position, then there is no basis for filing EB1b.

[Turbulent_Dragonfly]

Thank you for this information. I think this can be extrapolated to understand that medicals can be sent in anytime during I-485 is pending and we don't have to wait for an RFE for the same.
Is that correct ?

Maybe others can correct me, but to my knowledge you can only file it with the I-485 or while responding to an RFE for it.