EB2-3 Predictions (Rather Calculations) 2015-2020

[incredible]

Yes, no numbers as of yesterday

I have heard from a lot of people that they have not received the receipt numbers yet. I think goes back to previous post about slowing things down. It could be because of lack of resources or just plainly going slow, per proclamation. Hang in there and you should get it soon.

[Blue_fairy]

FA
EB2 I - 8th oct 2009
EB3 I - 22nd Mar 2010

FAD
EB2 l - 15th May 2011
EB3 I - 1st Jan 2014

[mohan_jgd]

Yes. Just use the chat service... keep typing agent... they will connect to live agent. Give your A#. They ask for all other demographic info such as name, address etc. Then they give the receipt numbers.

Thanks for the tip. Will try that.

[suninphx]

FA
EB2 I - 8th oct 2009
EB3 I - 22nd Mar 2010

FAD
EB2 l - 15th May 2011
EB3 I - 1st Jan 2014

All geared toward giving back as much visas possible to FB quota. And may be by design.

[EB22010Dec]

All geared toward giving back as much visas possible to FB quota. And may be by design.

But they don't go back to Family. It does not work like that as some guru mentioned few months ago.

[Turbulent_Dragonfly]

All geared toward giving back as much visas possible to FB quota. And may be by design.

It has been explained a few times here, spilled over visas from FB to EB cannot go back to FB unless there is some change in law.

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

[vsivarama]

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

Freezing the acceptance via DF charts looks random to me. A lot of people are yet to get receipts for applications filed in October (myself included). How do you think they came to the conclusion that they have received enough petitions? By counting the number of mails received?

[suninphx]

But they don't go back to Family. It does not work like that as some guru mentioned few months ago.

Okay.. thanks for that info.

[AceMan]

It has been explained a few times here, spilled over visas from FB to EB cannot go back to FB unless there is some change in law.

They are trying to make EB1 current, which will help EB2 down the road. More importantly their freeze on accepting DF from Jan onwards could be an indicator that they have enough applications in the hopper to actually start approving cases. If we start seeing more GC approvals for EB2 in late 2009-early 2010, it could be an indicator that they are serious about using the spillover, if not we are pretty screwed.

Eb1 will become current within the next couple of bulletins as it pretty much sure the applicants on that side would be very minimum beyond April 2020. In the mean time the centers would have enough time to consolidate the applications they have received so far in October till December. There are lot of people yet to receive the receipts, and apparently they would have received enough numbers so far for this FY.

For Eb3 they have applications from 2 years back till 1st April 2010. I thought they would hit 1st April this bulletin, but that is going to be the date for next bulletin.

It is obvious with filing dates moved to Jan 2015, they would have more than 100,000 EB3 downgraded applications. With the new admin I hope we can see the demand data again which was last released in July 2018.

[Turbulent_Dragonfly]

Freezing the acceptance via DF charts looks random to me. A lot of people are yet to get receipts for applications filed in October (myself included). How do you think they came to the conclusion that they have received enough petitions? By counting the number of mails received?

I am being very honest with my assumption here, but if we can track the application package as being delivered, they should too. And the day the package delivered is obviously critically important from the 180 day clock perspective, so I believe they will be tracking that, just that they have not been able to process all that for the receipts. So they should have a fair indicator of how many applications they have received and do some basic math.

[vsivarama]

I am being very honest with my assumption here, but if we can track the application package as being delivered, they should too. And the day the package delivered is obviously critically important from the 180 day clock perspective, so I believe they will be tracking that, just that they have not been able to process all that for the receipts. So they should have a fair indicator of how many applications they have received and do some basic math.

That makes sense. Did not think about the 180 day rule. They may have a basic tracking mechanism.

[Spectator]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.

[skpanda]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.


Thanks Spec!

I do think that USCIS will make every effort to allocate the extra GCs. At this point they are focussing on sorting and documenting all applications. Also giving GCs to existing applicants till April 2020 may generate negative attention while the current admin is in power.

If this theory is correct, they will be quitely processing new applications while preparing to give GCs to the folks who are already adjudicated. Sometime around June, they will open the flood gates for the GCs allocation. By that time the new admin would have settled in and also may have provided direction.

"Hope is a good thing!"

[qesehmk]

The "soft" Annual Numerical Limits for Fiscal Year 2021 have been published by DOS here (https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf).

For EB they are the following:

Preference All Countries Worldwide
E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602

Total ----------- 18,340 - 262,000

*The EW category is currently entitled to up to 10,000 of this total.


Thanks Spec. I was waiting for this.

[AceMan]

Thanks Spec!

I do think that USCIS will make every effort to allocate the extra GCs. At this point they are focussing on sorting and documenting all applications. Also giving GCs to existing applicants till April 2020 may generate negative attention while the current admin is in power.

If this theory is correct, they will be quitely processing new applications while preparing to give GCs to the folks who are already adjudicated. Sometime around June, they will open the flood gates for the GCs allocation. By that time the new admin would have settled in and also may have provided direction.

"Hope is a good thing!"

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

[android09]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.
Let’s hope. Even then the potential of massive wastages loom large.

[Moveon]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

Is interview mandatory for all AOS or is it exempt for people who applied before ~2015. We applied in 2012 and got our EADs back then EB2-I .
Would we need to appear for an interview ?

[getsaby]

Hello

Can anyone please guide me on which address to use to submit I131 and I765 together for the first time?
I485 receipt starts with MSC% and we are based in NJ.

Thanks!

[AceMan]

Is interview mandatory for all AOS or is it exempt for people who applied before ~2015. We applied in 2012 and got our EADs back then EB2-I .
Would we need to appear for an interview ?

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

[ak7419]

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

We definitely are the forgotten lot :(

I am still waiting for RFE as if it were my green card. Have been current for the past two months.

[mitul75]

You guys appear to be among the forgotten lot by USCIS. The list Spec provided had more than 5200 visas for India in Eb2 which they could have applied already till December 2009 end. There are about 8000 total people with pending AOS in Eb2 till May 2010.

Current actions by USCIS appears to let field offices to waive AOS interviews depending on the local situation.

You raise an interesting point. Based on how dates are progressing, I think CO is taking an extremely conservative approach, by assuming there will be no vertical/horizontal SO and distributing the 5,200 visas for EB2-I in a prorated manner. Sadly, if this approach doesn’t change soon enough, they are bound to waste visas at the end of the FY.

[YTeleven]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

[Turbulent_Dragonfly]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

I will believe it when I see it. We continue to get screwed over every visa bulletin. There should not have been any reason to inch it week by week when thousands of visas are available but that's what they are doing. I no longer believe all the talk about trying to toe the line of the current admin, it's in the law and they could just allocate it in an even fashion throughout the year and not pile it up in the end. I would have given the benefit of doubt for the Oct and Nov bulletins, but they have continued to do it for another two months after the clown show got beaten.

[sstest]

If the mandatory interview is tossed out, then the chances of utilizing the GC numbers is very high for 2021.

Anecdotal - My coworker (EB1CROW) was waiting for his interview details and was pleasantly surprised last week to see the cards in the mail. It looks like more and more interviews are waived.

[Moveon]

I will believe it when I see it. We continue to get screwed over every visa bulletin. There should not have been any reason to inch it week by week when thousands of visas are available but that's what they are doing. I no longer believe all the talk about trying to toe the line of the current admin, it's in the law and they could just allocate it in an even fashion throughout the year and not pile it up in the end. I would have given the benefit of doubt for the Oct and Nov bulletins, but they have continued to do it for another two months after the clown show got beaten.

I still have hope that they will advance the dates significantly from the March Bulletin when they have the departments fully staffed. No one wants their heads on the chopping block as Trump has been firing people in his lasts days as President . What is important is to have the RFEs issued as most people on the 2012 EAD have their medicals expired.That way the GCs can be issued once the new administration takes over .

[rabp77]

I still have hope that they will advance the dates significantly from the March Bulletin when they have the departments fully staffed. No one wants their heads on the chopping block as Trump has been firing people in his lasts days as President . What is important is to have the RFEs issued as most people on the 2012 EAD have their medicals expired.That way the GCs can be issued once the new administration takes over .

There have been years where they have waited till last quarter to apply horizontal spill over (it's the horizontal spillover that will have a big impact, since the spillover from family gets spread to every country). Since they have many application in queue, and are processing them, there is a chance of rapid forward movement in final months. If the applications have been pre-adjudicated, once the FAD becomes current, the final approvals can happen very quickly. So i would not loose hope that full quota will not be used, at least not yet.

[rabp77]

Hello

Can anyone please guide me on which address to use to submit I131 and I765 together for the first time?
I485 receipt starts with MSC% and we are based in NJ.

Thanks!

Please review the page: https://www.uscis.gov/i-765-addresses

You should check under "If You Have a Pending Adjustment of Status Application",

[AceMan]

Thanks Spec.

I have trust and faith in the agencies and their employees who will not waste a single visa in FY21. Just waiting for 01202021 12 Noon...so that the printers will start rumbling.. we need 1000 GCs/day to be printed to achieve 262K target by Sept 30th.

The same agencies and their employees set the Final action date as the cut off date for kids aging out when they introduced Filing dates in 2015. There is no guarantee USCIS will remove the mandatory interview even.

However let us hope the new year and the new administration can bring about meaningful changes with legal immigration.

[longwaitgigu]

Just a thought
On mandatory interviews, AILA might suggest administration to keep the interview mandate. As less gc issued generates more revenue for h1 b extension for them

[spacetime]

Gurus,

I’m sure you must have seen David Bier’s tweet for pending AOS for India as of March 31, 2020. Here is the link.

https://twitter.com/david_j_bier/status/1343633515431284738?s=21

Based on these numbers , what do you think of chances of advancements for EB2/3 India?

[Positive]

Right now, everything appears to be going out of whack. Just checked the processing times. EAD processing times for Texas Service Center have jumped from 1.5 to 5 months to 4 to 9 months, similar for most other service centers. The processing time for AP remains 3-5 months which is odd. The I-485 processing times are 11.5 to 30 months. I am not sure it will get better rather than worse anytime soon. While Stephen Miller's grip on immigration will be gone soon, it is unclear how many of his stooges are now embedded in USCIS. This in addition to the elements that already existed in USCIS and managed to visa bulletin reversal in Obama's days. Add to that the avalanche of applications filed since October and it looks more and more bleak even to get that EAD/AP benefit.

[Turbulent_Dragonfly]

Right now, everything appears to be going out of whack. Just checked the processing times. EAD processing times for Texas Service Center have jumped from 1.5 to 5 months to 4 to 9 months, similar for most other service centers. The processing time for AP remains 3-5 months which is odd. The I-485 processing times are 11.5 to 30 months. I am not sure it will get better rather than worse anytime soon. While Stephen Miller's grip on immigration will be gone soon, it is unclear how many of his stooges are now embedded in USCIS. This in addition to the elements that already existed in USCIS and managed to visa bulletin reversal in Obama's days. Add to that the avalanche of applications filed since October and it looks more and more bleak even to get that EAD/AP benefit.

USCIS got all the money they wanted, probably north of a couple of hundred million dollars, in the past few months. Now they can go ahead and claim that since they have all those new applications, they have to up the service times. In reality, a fee-based service provider handles that by increasing the amount of resources to handle the extra load. Companies providing web services increase server and bandwidth capacities during peak times. Mobile operators increase available channel bandwidth by providing temporary towers around major sporting and other mass gathering events. This is not reinventing the wheel, but they get away with this because there is no accountability and we are at their mercy. Immigration is of course a privilege and not a right as they will helpfully remind us if we protest. We are just pawns in a bigger game.

[YTeleven]

I don't see any new data points in this tweet.. no changes to my predictions.. just wait till 01202021 and see the change in the direction..

[vsivarama]

Gurus,

I’m sure you must have seen David Bier’s tweet for pending AOS for India as of March 31, 2020. Here is the link.

https://twitter.com/david_j_bier/status/1343633515431284738?s=21

Based on these numbers , what do you think of chances of advancements for EB2/3 India?

The numbers are not pending AOS numbers. They are more like approved i-140 numbers which is available today. There is no way USCIS will have pending AOS numbers for EB2 past May 15, 2011 and for EB3 past Jan 1st, 2015.

[subbuss]

Thanks all for the suggestions on EAD/AP. I got the receipt # last week starting with MSC (Missouri) and I am self-filing EAD/AP and also asked out attorneys on why they are charging so much. They have since reduced it from $1700 per person to $850 per person.

One question on AP filing address: Should I send the AP to
Chicago
USCIS
Attn: FBAS
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

or
Texas
USCIS
Attn: NFB AOS
2501 S. State Hwy. 121 Business
Ste. 400
Lewisville, TX 75067?

Everything else was sent to TX, and Chicago seems like location for Family Based applications. Any thoughts would be helpful.

[vsivarama]

Thanks all for the suggestions on EAD/AP. I got the receipt # last week starting with MSC (Missouri) and I am self-filing EAD/AP and also asked out attorneys on why they are charging so much. They have since reduced it from $1700 per person to $850 per person.

One question on AP filing address: Should I send the AP to
Chicago
USCIS
Attn: FBAS
131 S. Dearborn, 3rd Floor
Chicago, IL 60603-5517

or
Texas
USCIS
Attn: NFB AOS
2501 S. State Hwy. 121 Business
Ste. 400
Lewisville, TX 75067?

Everything else was sent to TX, and Chicago seems like location for Family Based applications. Any thoughts would be helpful.

Check out the link below to make your determination. Looks like Chicago for receipts starting with MSC.

https://www.uscis.gov/i-131-addresses

[spacetime]

The numbers are not pending AOS numbers. They are more like approved i-140 numbers which is available today. There is no way USCIS will have pending AOS numbers for EB2 past May 15, 2011 and for EB3 past Jan 1st, 2015.

You're right! I missed that. Hope they start releasing numbers under new admin..

[subbuss]

Thanks Visvarama. I noticed that.

Only question is, the Chicago address shows FBAS (believe its Family Based) and the others show NFB (Non Family Based). A bit of dilemma here, whether to go with whats in official uscis page or send it to where I sent 485 and will send AP. Would have made it a lot easier if my lawyers had filed all three together.

[vsivarama]

Thanks Visvarama. I noticed that.

Only question is, the Chicago address shows FBAS (believe its Family Based) and the others show NFB (Non Family Based). A bit of dilemma here, whether to go with whats in official uscis page or send it to where I sent 485 and will send AP. Would have made it a lot easier if my lawyers had filed all three together.

As per documents shared by my attorney, you will determine the address by going to the URL below when filing with 485 receipt. I am filing my EAD and AP separately as well. From What he said was I can send all 4 applications (2EADs + 2APs for my wife and I) in the same mail. The lockbox will sort them and send them where appropriate.

https://www.uscis.gov/forms/forms-information/uscis-phoenix-and-dallas-lockbox-facilities

Anyone with experience filing recently by themselves can chime in.

[subbuss]

Thats what I thought too. My plan was to send all (2 EADs and 2 APs) to TX lockbox, but, if I follow USCIS website, my EAD goes to TX and AP goes to Chicago. Dont want AP to be rejected because it was sent to a different address.
If I send it to Chicago, at least I can argue that I followed the instructions on their website, but it will be to two different locations. If I send it to different locations, will I not get a combo card?

[vsivarama]

I do not want to read too much into the USCIS instructions but a point to note will be "Filing your Form I-131 alone, and your Form I-485 receipt notice" on the above link for I-131. By the wording it seems if you are applying for I-131 separately without the EAD (i-765).

[gcwait]

Thats what I thought too. My plan was to send all (2 EADs and 2 APs) to TX lockbox, but, if I follow USCIS website, my EAD goes to TX and AP goes to Chicago. Dont want AP to be rejected because it was sent to a different address.
If I send it to Chicago, at least I can argue that I followed the instructions on their website, but it will be to two different locations. If I send it to different locations, will I not get a combo card?

Following USCIS link is a bit old but you may find it useful:

https://www.uscis.gov/archive/filing-directions-to-obtain-employment-authorization-and-advance-parole-card-where-adjustment-of

[subbuss]

Thanks gcwait. Agree its dated, but it makes a lot of sense. I am going to send both to TX and hope the lockboxes forward it to the appropriate processing locations.

[texas_]

Right now status says uscis fingerprint fee received but is there a way we know on uscis case tracker updates when they send a paper copies for fingerprints schedule ?
It’s very important to know on uscis case tracking so we can keep an eye on a anticipated physical mail from uscis in our mailbox

[FarAwayfromGC]

You raise an interesting point. Based on how dates are progressing, I think CO is taking an extremely conservative approach, by assuming there will be no vertical/horizontal SO and distributing the 5,200 visas for EB2-I in a prorated manner. Sadly, if this approach doesn’t change soon enough, they are bound to waste visas at the end of the FY.

The fact is , there are too many of us in the line, if you look at the pending inventory for India as of March 2020 . CO being cautious is not a surprise.

This was posted on twitter by David Bier . Not sure if this data is accurate but, I follow David on Twitter and he is a reliable source of information.

https://twitter.com/David_J_Bier/status/1343633515431284738?s=20

[idliman]

CO being cautious is not a surprise.
This was posted on twitter by David Bier.
Not sure how updated this data is. EB2I & EB3I have the same pending inventory of 4.2K for 2009 in the above table. EB3I, 2009 was FA current at least 3 months back and EB3I FA 01OCT09 was current for 6 months or more. All the 2009 EB3I folks should have shown up in the system by now with increasing porting cases from EB2I. Yet, EB3I had leaped ahead of EB2I. If they are allocating visa's quarterly, it does not make sense considering the total visas are only 5200. Just curious. Have I missed something major about why EB3I had jumped for quarterly allocation scenario?

Additional Thoughts:


OP. Thanks for posting this valuable information.
The ratio of EB2I to EB3I varies anywhere from 3:1 (33%) to 6:1 (16%).
For folks in 2010 to 2012 it is a no brainier to downgrade to EB3I. Even with porting EB3I should be faster for the next 2 years.
Anyone and everyone in 2009 to 2012 with EB2I should consider clogging the system with two I140's. EB3I folks in 2012+ or so may prepare with an additional I-140 (in-case they end up wasting majority of GCs this year).
ROW is FA current for both EB2 & EB3. If ROW EB3 has FA cutoff after the pandemic, that may slow EB3 in 2022 or 2023.

[AceMan]

Not sure how updated this data is. EB2I & EB3I have the same pending inventory of 4.2K for 2009 in the above table. EB3I, 2009 was FA current at least 3 months back and EB3I FA 01OCT09 was current for 6 months or more. All the 2009 EB3I folks should have shown up in the system by now with increasing porting cases from EB2I. Yet, EB3I had leaped ahead of EB2I. If they are allocating visa's quarterly, it does not make sense considering the total visas are only 5200. Just curious. Have I missed something major about why EB3I had jumped for quarterly allocation scenario?

Additional Thoughts:


OP. Thanks for posting this valuable information.
The ratio of EB2I to EB3I varies anywhere from 3:1 (33%) to 6:1 (16%).
For folks in 2010 to 2012 it is a no brainier to downgrade to EB3I. Even with porting EB3I should be faster for the next 2 years.
Anyone and everyone in 2009 to 2012 with EB2I should consider clogging the system with two I140's. EB3I folks in 2012+ or so may prepare with an additional I-140 (in-case they end up wasting majority of GCs this year).
ROW is FA current for both EB2 & EB3. If ROW EB3 has FA cutoff after the pandemic, that may slow EB3 in 2022 or 2023.


Porting is not recommended as you are presenting. EB1 is having rapid movement and expected to be current within next 2 bulletins. The 3rd quarter of 2021 EB2 should get the long awaited vertical spillover which has been absent for the last 4-5 years. Eb3I is expected to get only the horizontal spillover. So if you look at the numbers provided by Spec,
(E1 --------------- 5,246 -- 74,932
E2 --------------- 5,245 -- 74,932
E3/EW ------------ 5,245 -- 74,932*
E4/SR ------------ 1,302 -- 18,602
E5 --------------- 1,302 -- 18,602)

Eb2 I should be in a position to clear all the numbers till May 2011 before the end of the Fiscal.

[kuku82]

Nope no updates on the online case status for me either.


No it did not for me. But the I-485 and I-765 statuses got immediately updated as soon as the fingerprint appointments were done.

Got my biometrics appt notice today. The application forms were delivered on 10/23 processed by NBC.

[MidWestMaverick]

Hello everyone. I have been following this blog for a year and just want to thank you all for the information and analysis.

I have a basic question about the current situation - Since there are going to be a lot of people with I-140s in both categories, would USCIS try to keep parity in EB2-I and EB3-I dates? Looking at the data FarAwayfromGC, in the absence of large scale downgrading, EB3 might remain ahead of EB2 in the near future.

[AceMan]

The fact is , there are too many of us in the line, if you look at the pending inventory for India as of March 2020 . CO being cautious is not a surprise.

This was posted on twitter by David Bier . Not sure if this data is accurate but, I follow David on Twitter and he is a reliable source of information.

https://twitter.com/David_J_Bier/status/1343633515431284738?s=20

The dates mentioned was March 2020 and that was released just before the Covid situation. My interpretation is as follows.

For October 2020, Eb3 filing dates moved up to January 1st 2015, and E2 dates moved up to May 15th 2011. It looks like they have decided to accept 25,000 primary 140 applicants and their dependents in. They kept the tap open for November 2020 bulletin also, and in December they throttled it back to January 1st 2014 for Eb3, which means they would have received enough downgrades from May 2011 - Jan 2015.

The speed at which Eb1 India moved from May 2020 to October 2020 appears to have processed around 20,000 primaries for Eb1 at that time. Eb1 candidates generally use up 2-3 dependent visas, so that was a really good movement.

All of this points to some good movement in the offering from April bulletin.

Usual disclaimer, I rarely got my predictions right.

[alpha0]

The dates mentioned was March 2020 and that was released just before the Covid situation. My interpretation is as follows.

For October 2020, Eb3 filing dates moved up to January 1st 2015, and E2 dates moved up to May 15th 2011. It looks like they have decided to accept 25,000 primary 140 applicants and their dependents in. They kept the tap open for November 2020 bulletin also, and in December they throttled it back to January 1st 2014 for Eb3, which means they would have received enough downgrades from May 2011 - Jan 2015.

The speed at which Eb1 India moved from May 2020 to October 2020 appears to have processed around 20,000 primaries for Eb1 at that time. Eb1 candidates generally use up 2-3 dependent visas, so that was a really good movement.

All of this points to some good movement in the offering from April bulletin.

Usual disclaimer, I rarely got my predictions right.

If EB1India is current, how many more will try to file 140 and 485 this year and take advanvage of the movement? I doubt even CO can predict those numbers.

[alpha0]

Just to share how ridiculous this has become. I came to know about someone who came here to do masters and got married in 2008/early 2009 or so, got gc, became citizen, filed for parents who got gc. Parents filed for their other unmarried son/daughter who also got gc in F2B. That son/daughter got marrried and now spouse is going to get gc soon as F2A is current.

Luckily Covid related consulate shutdowns helped and i got my EB gc 2 months back else i would still be waiting while 4th link of the family based immigration chain would be getting GC before me. And they still complain that US immigration system is very slow.

[ak7419]

Just to share how ridiculous this has become. I came to know about someone who came here to do masters and got married in 2008/early 2009 or so, got gc, became citizen, filed for parents who got gc. Parents filed for their other unmarried son/daughter who also got gc in F2B. That son/daughter got marrried and now spouse is going to get gc soon as F2A is current.

Luckily Covid related consulate shutdowns helped and i got my EB gc 2 months back else i would still be waiting while 4th link of the family based immigration chain would be getting GC before me. And they still complain that US immigration system is very slow.

Oh, I have bunch of friends whose priority date was only few months apart from mine in the same category. They are now citizens and I am still waiting for green card - to be precise, still waiting for RFE :)

[texas_]

Got my biometrics appt notice today. The application forms were delivered on 10/23 processed by NBC.

What is your appointment date?
Were online cases updated when uscis sent your fingerprint papers via mail?
Just trying to understand
Please guide

[sudiva]

Please do not depend on online case status. It is not updated for primary and dependent case numbers though appointment date communication has been dispatched from NBC (receipt numbers start with MSC / Missouri Service Center) to reach our mailbox on or before Wednesday 12/30/2020. Interview is scheduled (same date and time for family) about 2.5 - 3 weeks away from receipt of mail from USCIS. Looks like online case status is not updated to reflect most recent activity.

[texas_]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week

[kuku82]

What is your appointment date?
Were online cases updated when uscis sent your fingerprint papers via mail?
Just trying to understand
Please guide

It's late Jan. There was no online activity on cases regarding the notices being mailed.

[raradhya]

I applied in EB2-I on 10/28/2020 and received my receipt notices on 12/3/2020. now waiting for bio metrics appointment.
however few of my friends in Eb2 to Eb3 downgrade have not received any notices so far. have people in this forum who downgraded in last 2 months have you heard back from uscis?

[android09]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week

USCIS case status does not change when biometrics receipt is sent. I received my biometrics notice earlier this week and my status on USCIS still says Fingerprint fee was received.

[longwaitgigu]

Has anyone read on trump extension of ban
It is extended to march 31st

[android09]

President Trump extends ban on family based green card issuance at consulates until March 31, 2021. Though it can and will be reversed by President Biden, if it doesn’t, then another 6 months of spillover to EB.

https://www.reuters.com/article/us-usa-immigration-trump-idUSKBN2951VK

[Palver]

Hi everyone, I am a new joiner here. Hoping someone here can share some insights. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options now? If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

[texas_]

President Trump extends ban on family based green card issuance at consulates until March 31, 2021. Though it can and will be reversed by President Biden, if it doesn’t, then another 6 months of spillover to EB.

https://www.reuters.com/article/us-usa-immigration-trump-idUSKBN2951VK

Does that means no H1B candidates coming until April 1, 2020 ?
Then there will be very minuscule PERMs filed for the entire year from March 2020 thru March 2021. This would push more spill overs to next FY 22 as well.

Just my guesstimate.

[texas_]

Thanks Android for updates. I spoke with USCIS customer services lady and she said that there's nothing sent out yet for me and my wife
But I would keep an eye on the mails starting Monday 1/4/2021

[rabp77]

Does that means no H1B candidates coming until April 1, 2020 ?
Then there will be very minuscule PERMs filed for the entire year from March 2020 thru March 2021. This would push more spill overs to next FY 22 as well.

Just my guesstimate.

With that kind of spillover, if visas are not wasted, we should see a very significant movement next year also.

New admin may end the executive order. But other rules (such as public charge test) may be difficult to undo, and are likely to stay. Mostly all this should help EB India.

[shivab55]

Today received FP appointment notice, scheduled for 01/22. First time filer EB2 category RD 10/21/2020

[Palver]

New joiner here with a question. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options?
If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

[aGCHopefull]

Hmm.. just called USCIS over this
Agent said the biometric application hasn’t sent out as of today however she said there should be some kind of update on my uscis case status when they send out notice for biometrics appointment

Just wanted to make sure I didn’t miss it as my apartment mailbox cluster is being replaced over this week


Do you mean live chat (Emma) or did you really have a call with someone? If call with a real person, how do you initiate it? Can you please let us know?

I have not received biometrics appointment yet. (Receipt date 10/9, notice date 11/25, receipts received on 12/2, MSC - NBC). How can I check for the status on biometrics, please advise.

[aGCHopefull]

Today received FP appointment notice, scheduled for 01/22. First time filer EB2 category RD 10/21/2020

Can you please clarify if your file date is 10/21? What is your notice date?

[shivab55]

Receipt Date: 10/21, Notice Date: 11/17, FP Notice Date 12/22, FP physical copies by mail: 01/02

[rabp77]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

[qesehmk]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

Technically any president can rescind previous EOs. At the same time, EOs can be challenged in the courts and are not above the law. Courts will follow the law in keeping some EOs while nullifying others. Obama's DACA was ok but repealing it hasn't been. I am not a legal expert on DACA or any other matter though. Just my 2 quick cents!

[Turbulent_Dragonfly]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

[Turbulent_Dragonfly]

Hi everyone, I am a new joiner here. Hoping someone here can share some insights. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options now? If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

Yeah that’s correct. I don’t have much hope that it will move all the way to 2012 though there could be positive forward movement once the new admin comes to power. But if it does, you can file for it concurrently.


http://blog.cyrusmehta.com/2020/10/frequently-asked-questions-on-filing-a-downgrade-eb-3-petition-under-the-october-2020-visa-bulletin.html

[Palver]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

[Turbulent_Dragonfly]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

EB3 should technically be way ahead of EB2 based on previous demand. But in the past few months, there have been thousands of downgrades to EB3. If the new admin is more transparent, they could resume publishing the pending I-485 inventory so that we can start making some actual predictions which was the original intent of this thread!

[Turbulent_Dragonfly]

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

[Zenzone]

USCIS case status does not change when biometrics receipt is sent. I received my biometrics notice earlier this week and my status on USCIS still says Fingerprint fee was received.

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

[AceMan]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

[2011Feb]

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

Aceman,

Mine and your dates are close.

PD : EB3 Feb 2011
I-485 applied : 01 Oct 2020
Biometric Notice received Date: 31 Dec 2020
Biometric Appointment date : 27 Jan 2021 (NC)

[Zenzone]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

[rainmaker12]

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

PD : Jul 2010 (EB2-I)
485 Filing date: Oct 21 2020
485, 765 131 Receipt notice date: Nov 18 2020
Biometric notice date: 12/22/2020
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/21/2021 (Seattle ASC)

[Mgajsk]

@Zenzone @ rainmaker12

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)

[Mgajsk]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

[Cjxjos]

Any guesstimate for dec 2009 eb2?

[Positive]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement? I don't think public charge rule will survive. I would not worry about it.

[Positive]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

[Noesis]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

[Zenzone]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Interesting! I haven't heard/seen first hand evidence of this in my circle of friends. Your case is positive :)

[kash80]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

[Positive]

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

NO, regular. Why waste money when priority date is Sept 2013. :)

[GCMirage]

My EB3 downgrade was also filed on 10/23/20, receipts generated on 12/21/20 out of Nebraska center and received by mail the following week. No word yet on finger printing, my wife was fingerprinted couple months ago for a different reason so it will be interesting to see if her i485 EAD will be issued directly or she will be asked to give another set of prints.

[Positive]

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

[Mgajsk]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

wow ! congrats ! I guess I have to change my username to Positive to expect something positive from USCIS. :)

[aGCHopefull]

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

I believe they accept fingerprints if those were taken within last 15 months.

[Turbulent_Dragonfly]

I believe they accept fingerprints if those were taken within last 15 months.

I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.

[EB22010Dec]

I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.

because fingerprints change every year? :p

[vedu]

Guys,

I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.

[rabp77]

Guys,

I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

[vedu]

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

It may have to do something with the COVID situation back in March-August period when travel was very uncertain, and hence USCIS may have issued separate limited period AP document, that again depending on the officer processing your case. I have never traveled on separate AP document, so I am little apprehensive about relying on it and then they not allowing me to board the return flight and getting stuck in India. If there is anybody in this group who has previously traveled on separate paper-based AP document, please share your experience. That maybe useful for others.

[idliman]

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.
vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

[suninphx]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

[raradhya]

Looks like USCIS is only honoring Final action Dates (FAD) for January filers. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-59

[vedu]

vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

Idliman,

Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.

On another note, currently I am in the process of getting OCI renewed for my kids. That's another painful experience you have to deal with. The Indian Government OCI website and the new VFS Global website are designed for the 19th century! Very difficult to navigate through to find any clear info, and sometimes they simply don't work. Anybody who have filed for OCI recently will agree with me on this one. Bottom line, the pain will continue even after you receive your GC. The best thing to do is not to travel at all!

[idliman]

Idliman,
Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.


It is post #148 (https://www.qesehmk.org/forums/showthread.php/1429-EAD-(and-or-AP)-Renewal?p=64827&viewfull=1#post64827) on EAD (and/or AP) Renewal (https://www.qesehmk.org/forums/showthread.php/1429-EAD-(and-or-AP)-Renewal) thread. This also had a discussion on the C09 vs C09P. I think we concluded that C09P is better if you are eligible for a combo card.

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.

[vedu]

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.
Couldn't agree more with this. People need to pay close attention to this point in their future EAD/AP renewals.

[kumareb2]

forgotten souls

[kumareb2]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

yeah..we are the forgotten souls :-(

[AceMan]

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

The last digits of the year got inverted. Can be passed as a typo in the big scheme of things. 12 or 21

[Mgajsk]

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

[qesehmk]

This is how I would answer if I were in your situation.... See inline.


Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
No

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
USCIS may ask for evidence that you intend to join the sponsor of your Green card.

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
None that I can think of ...

Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

All the best

[Mgajsk]

3.
Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

All the best

Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

[inspired_p]

Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

[Mgajsk]

The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

Thank you for the clarification inspired_P.

My I-485 Received date is Oct 19 2020. so 180 days from that date is when I can change employers?
I gave up 2 offers in backlog. Hopefully things change soon. fingers crossed.

[superuser]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

[delorean_doc]

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

[rabp77]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let?s say if I exercise my EAD for a new job where employer doesn?t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

As per the law, the 180 days starts from the day the AOS application was filed with USCIS (https://www.govinfo.gov/content/pkg/PLAW-106publ313/pdf/PLAW-106publ313.pdf). However, the receipt notices from USCIS do not mention that date, and only have the date where the receipt notice was generated. So just to be safe IMHO, its good to go by the date on the receipt notice from USCIS. Otherwise in case you need to prove something, you will be relying on Fedex/USPS receipts, which likely carry less weight than a notice from USCIS itself.

[rabp77]

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

[delorean_doc]

Got it...thanks

[kash80]

Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

[idliman]

Question to the Gurus in the group.


1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.


3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

[mitul75]

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

Here's what I think:

#1 It depends on whether you wish to use your H1B visa or not, since if you want to do a visa transfer then your future employer needs to sponsor it. On the other hand, if you want to switch to EAD for your future employment then you won't need sponsorship any longer.

#2 You need to ensure that you are not deviating too much from your original job category, since as per the AC21 portability rule you'll need to prove that your new job is in the "same or similar occupational classification" as the job described in the immigrant petition filed by the prior employer. I'd suggest that you talk to your new hiring manager and discuss this beforehand, and continue to keep this in mind even as you progress in your career.

#3 The 6-month period is counted from your I-485 receipt notice date

#4 If you don't have it already, get a copy of your PERM labor certification and I-140 approval notice

[mitul75]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

To answer the second part of your question, as long as you can find a future job offer in the "same or similar occupational classification" as the job described in the immigrant petition filed by the original employer prior to an audit by USCIS, you should be good. It doesn't matter if you take a break in between jobs while you are in AOS. Using EAD gives you a lot more freedom in choosing your employer since they don't need to sponsor your visa which can be a deal breaker for a lot of hiring companies.

[Palver]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

I believe the second part of your question is unanswered so am going to try. I'll let other people correct me if I've mis-stated something. Under AC21, if your I-485 is pending for 180+ days, you can 'port' your employment to a different employer by filing I-485 supplement J and do not have to go through Perm/I-140 to restart your green card process. If you lose your job, you will have to find a new job and be ready to file form I-485 supplement J with the new job offer. The conditions for porting still apply (https://www.uscis.gov/working-in-the-united-states/how-uscis-determines-same-or-similar-occupational-classifications-for-job-portability-under-ac21)

[idliman]

On December 28, 2020 (https://www.jdsupra.com/legalnews/uscis-withdraws-proposed-filing-fee-6234732/), the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases – at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.

This is good news for all especially the ones who recently filed for I485. You don't need to pay for EAD/AP renewal.

[moonlight]

On line of similar discussion of job change during pending I-485...
My Company A has filed I-485 on 10/08/2020. I am with them for 10 years. The client "company B" was about to file H1B transfer before my filing date became current. So I slowed down the transfer process. Now most likely I will loose the opportunity if I don't join them soon.

1. Can I initiate H1B transfer petition with Company B at this moment and join them with H1B approval before 180 days? I can do I-485J supplement and AC21 after reaching 180 days.
2. Can I initiate H1B transfer to secure the position and join Company B after 180 days on H1B or with AC21? Any risk of meddling of pending I-485 by new H1B transfer petition?
3. I asked the attorney of "Company A" who filed I-485. The answer was political in nature. The response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Since the attorney copied staffs of my current employer in reply, I guess he is showing loyalty for continuance of business. Based on this I halted H1B transfer petition. Not sure what is the right thing to do here. I am counting each day.

Gurus, please help with your knowledge and guidance. Sometimes attorney's suggestion becomes more confusing.

[mesan123]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

[aGCHopefull]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Congrats! Can you please confirm if yours was EB2 / EB3? ,RD? and when was your bio done?

[Zenzone]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

[Turbulent_Dragonfly]

I still see many people confusing NOTICE DATE with RECEIVED DATE. The Notice Date is just the date the receipt notice was printed to be mailed to you. For the purposes of the 180 day clock, the RECEIVED DATE is when it's counted from. If it takes 2-3 months from the time USCIS received the application to generating the receipt because of overload like what's happening now, it's not the applicant's fault. By law, it's 180 days from the day the package was received by USCIS.

[superuser]

No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.


That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

[inspired_p]

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

[Moveon]

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

The USCIS is considerate about the "similar" clause . Most Indians wait for over a decade and they don't expect you to have the exact classification as your perm . Most have moved to managerial positions and I have not seen anyone have issues with it . in my previous work place the Technical Program Manager got is GC late 2019 while his perm was for a software engineer back in 2008. The Lawyers too seem to be fine as long as it is in the technical/Engg field if the perm was for a developer's position .

[aGCHopefull]

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

Hi Zenzone, could you please also share your RD and whether EB2/EB3?

[rabp77]

The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

thats certainly good to know. I had done my about 2+ years ago, when it just had a notice date, and no received date. Good to know they have the received date printed on it now. Yes, as per the law your 180 day counter started on the date it was filed.

Good luck.

[rabp77]

On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases ? at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.



Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

[rabp77]

Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

as i recollect, the public charge rule was a different one. So that one should still stand , right?

[mesan123]

Hi Zenzone, could you please also share your RD and whether EB2/EB3?
Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

[Chilli19]

Mai know the service center and the applied date of your 485, 131& 765?

[kuku82]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

That's super quick. I was under the impression background checks happen post-biometrics, but looks like that's relevant only for 485 (and not 765).

[admin]

Folks - apologies for the downtime today.

The hosting provider messed up our configuration and have been trying to solve this. Still not fully solved. But the site is somewhat functional now.

[aGCHopefull]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Thanks for sharing. Congratulations for EAD and AP. Good to see they are scheduling bio for EB2 candidates too. So far I had seen only EB3 people getting EAD approved.

[inspired_p]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Wow ! Thats really quick approval of EAD / AP . Congrats !

[19YRSNOGC]

Wow ! Thats really quick approval of EAD / AP . Congrats !
Biometric date 1/6
765/131 Approved date 1/7&1/8

[Positive]

Fascism knocking on US capitol's doors. It's been more than 20 years in US but never seen such anarchy.

14.5 yrs. it is distressing to see how the leader of the nation has brought to fore the worst instincts among such a large number of people. Also, how quickly the institutions can be overrun. The police has always had covert elements of the extremist right amongst them, not just sympathizers but also participants but now they can act overtly. Open welcoming of rioters at the capitol by so many among the capitol police was a testament to the rot in the so called "law enforcement" community. The denial/holding back of national guard and other security back up for hours while the attack was ongoing reflects upon the failure of the pentagon and the executive branch to even physically protect one branch of the government from an assault supported by the president. Continued support of completely baseless lies about the election by so many legislators in the house and some in the senate even after the mob attack on the legislative branch and the vise president reflects on the vast erosion in democratic ethos among both the leaders and the people. The corruption in the government at large that makes transparent adherence to pursuit of power and money at the expense of any and all professed principles is deeply depressing. Orwellian and dystopian are the words that seem to best describe what I see.

[Positive]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.
Received the combo card valid for only an year (EB3 downgrade, priority Sept 2013) effective start Dec. 29 (earlier than the approval date). The USCIS just can't help but live u pto its reputation as among the very worst administrative agencies.

[vedu]

Received the combo card valid for only an year (EB3 downgrade, priority Sept 2013) effective start Dec. 29 (earlier than the approval date). The USCIS just can't help but live u pto its reputation as among the very worst administrative agencies.

This is how they waste resources. Now you will apply for EAD again in another six months wasting your time and their time that could have been utilized for other important things.

[mesan123]

Wow ! Thats really quick approval of EAD / AP . Congrats !
Thank you. I think once Fingerprints are done people might there AP/EAD pretty soon. My guess looking at other cases ...

[Zenzone]

Hi Zenzone, could you please also share your RD and whether EB2/EB3?

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

[AceMan]

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

I am waiting to get my biometric mail. my Rd is 10/27

[inspired_p]

Thank you. I think once Fingerprints are done people might there AP/EAD pretty soon. My guess looking at other cases ...

I am waiting from 1st December ; not sure how they decide to process the applications. But I am definitely hoping to see some traction on my case this month.

[Kesid23]

I finished my biometrics on 2nd December.

RD: 10/20/2020
MSC.

Still waiting for EAD.

[donkeykong]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

[getsaby]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

Which service center?

[GCkaLADDU]

All

I need some advice on how to file my initial AOS based EAD and AP. I didn't file them along with i-485 back in October due to time contraints. Here's my situation:

My I-485 was receipted through the Missouri Service Center (starting with MSC). Rules for proper filing location appear to different for an APs as compared to EADs.

EAD applicants seem to have to file the I-765 at the USCIS lockbox having jurisdiction over the applicant's place of residence, which means my EAD application should go to the Arizona lockbox (I am from Kansas). For advance paroles, the rule appears to be that I have to file the I-131 based on the receipt number on the I-485 on which AP eligibility is based. (since my I-485 receipt starts with MSC, we have to file the I-131 with the Chicago lockbox.)

Therefore, in my case, it appears that my AP application has to be filed at the Chicago lockbox and the EAD has to be filed at the Arizona lockbox. Does this mean that I can't get combo card and getting separate EAD/AP is the only option?

Does anyone have any similar experience to share?

[srimurthy]

My Timeline: (EB2 Mar 2011)
Received: Oct 26
Notice: Nov 13
Biometrics notice: Dec 12
Biometrics appt: Jan 5
765/131 approval: Jan 7
EAD Card mailed: Jan 8

Wow,

My Timeline: (EB2 Sep 2010)
Received: Oct 21
Notice: Nov 20
Biometrics notice: XXXX
Biometrics appt: XXX
765/131 approval: XXX
EAD Card mailed: XXX

[aGCHopefull]

Wow,

My Timeline: (EB2 Sep 2010)
Received: Oct 21
Notice: Nov 20
Biometrics notice: XXXX
Biometrics appt: XXX
765/131 approval: XXX
EAD Card mailed: XXX

My Timeline:
Received: Oct 9 (delivered to Lewisville, TX center)
Notice: Nov 25 (Notice from NBC)
Waiting for everything else :)

[getsaby]

All

I need some advice on how to file my initial AOS based EAD and AP. I didn't file them along with i-485 back in October due to time contraints. Here's my situation:

My I-485 was receipted through the Missouri Service Center (starting with MSC). Rules for proper filing location appear to different for an APs as compared to EADs.

EAD applicants seem to have to file the I-765 at the USCIS lockbox having jurisdiction over the applicant's place of residence, which means my EAD application should go to the Arizona lockbox (I am from Kansas). For advance paroles, the rule appears to be that I have to file the I-131 based on the receipt number on the I-485 on which AP eligibility is based. (since my I-485 receipt starts with MSC, we have to file the I-131 with the Chicago lockbox.)

Therefore, in my case, it appears that my AP application has to be filed at the Chicago lockbox and the EAD has to be filed at the Arizona lockbox. Does this mean that I can't get combo card and getting separate EAD/AP is the only option?

Does anyone have any similar experience to share?


I recently filed both EAD/AP for my spouse, our stupid lawyer didn't file in Oct 2020 they just filed I485. Got the I485 Receipt on Dec 19th and filed both EAD/AP recently, still waiting for the receipt, no fees were mailed with the application for first-time EAD/AP.

Here is where to mail them.

https://www.uscis.gov/archive/filing-directions-to-obtain-employment-authorization-and-advance-parole-card-where-adjustment-of

[GCkaLADDU]

Thanks much buddy!

I believe this line clears all the confusion:

If Form I-485 has already been filed and Forms I-765 and I-131 are being filed together, use Form I-765 filing location instructions. USCIS’ intake operations will process and send the forms together to the appropriate USCIS service center. We have updated the form instructions on our website accordingly for both forms.

[subbuss]

I went through this dilemma recently and ended up using the I-765 chart based on my location. USCIS just received it today, so I dont know how and where they are going to process.

[donkeykong]

which service center?

Missouri SC

[mesimba]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

[getsaby]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

I am surprised they asked you again for the same info except for the expired medicals. I also replied in Aug 2018 to both medicals (third medical) and I-485J. I am also with the same employer since 2006, wondering if they will be sending me the same given by PD is just 10 days short.

[idliman]

Hello All
I got an RFE for my case PD Dec 2009 EB2I
Thx
Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

[AceMan]

I am surprised they asked you again for the same info except for the expired medicals. I also replied in Aug 2018 to both medicals (third medical) and I-485J. I am also with the same employer since 2006, wondering if they will be sending me the same given by PD is just 10 days short.

The current Covid-19 scenario should be a clear indicator that USCIs should get rid of this outdated process of requesting for medicals. It is painfully hilarious that they are requesting a RFE for medicals during this time.

[mesimba]

Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

Thanks a lot !

[Moveon]

Hello All

I got an RFE for my case PD Dec 2009 EB2I

Planning to self file the response. Last RFE was in August 2018 for medicals and I-485J.


I had a few questions:

1. Please submit updated form G-325A.
Question 1: On USCIS website the pdf form shows G-325A "Deferred Action" -- Is this the same form that will work for Adjustment of Status as well ?
Question 2: I have been living and working in US for past 16 years, do I still need to fill in the last international address and last occupation abroad ?

2. Please submit evidence of your employment authorization since February 2019.
Question: Do I just need to send copy of my EAD / AP combo card ? Or should I also send employment verification letter , W2s etc. ? Anything else needs to be supplied ?

3. Upon becoming a permanent resident do you still intend to be employed by XXXXXX (my company name) ?________ If not, please submit a properly completed and signed supplement J...
(Note: I am currently employed by the same company for which I-485J was approved couple of years back)
Do I just answer "Yes" here since I intend to keep working with the same company.

4. I-693 -- This is expected as medicals have expired.


Appreciate your help in answering these questions.

Thx

My advice will be to file it via your company's law firm as they file responses by the 1000s and can help file it correctly. Also most companies will pay for the employee part atleast .
Incase you make a minor mistake while filling the form, USCIS will send you another RFE and put you at the end of the queue and if you run the clock out the dates can retrogress. Indeed law firms can make mistakes too, but then the probability is very low .
You have come so far and if you need to spend some money for the filing fee for you/spouse its still worth it.

[bookworm]

Here are my comments to your questions.


Form G-325A needs to be updated every 5 years or so. So USCIS will ask for an updated version with your latest residence history and last address abroad. Make sure that you complete every field there. Yes you need to complete the last international address (last location) abroad. Otherwise you will get an RFE. They are looking for completeness for their records.
I would provide them only what they (USCIS) ask for. Just your work authorization (and or H1B approval if you have one) should be sufficient.
You already know the answer. You may need to provide it as a letter with your signature. Something like "Declaration of intent to --".
I-693 medicals should be in sealed condition.

All these are routine items all pending I-485 folks from 2012 are to expect. All people with pending EAD/AP's who do AC21 (I485 Supp J) can also expect such an RFE. No need to be alarmed. Take your time and make sure that no field is missed. Good Luck.

All the above advice is 100% right. Based on what is happening with Oct-Jan folks this is a good indicator that Feb PD will move to Dec 09. Be careful in the paperwork but also respond as quickly as possible.

Just as a data point - once the PD becomes current all files are equal for USCIS. The more complete your file is the greater the speed of approval. So please respond to your RFEs as quickly as you can. We have all done the hard part now lets take it across the finish line.

[mesan123]

I saw in trackitt , user with EB2-India Feb 2010 Priority date got RFE as well.. hopefully we might see some movement soon...

Only wish they dont waste visas, if they stick to that dates eill start progressing

[incredible]

I saw in trackitt , user with EB2-India Feb 2010 Priority date got RFE as well.. hopefully we might see some movement soon...

Only wish they dont waste visas, if they stick to that dates eill start progressing

That's a first good news in almost 3 months (after late september early October euphoria). Let's hope we are in for FAD movements.

[idliman]

My advice will be to file it via your company's law firm as they file responses by the 1000s and can help file it correctly. Also most companies will pay for the employee part atleast .
In-case you make a minor mistake while filling the form, USCIS will send you another RFE and put you at the end of the queue and if you run the clock out the dates can retrogress. Indeed law firms can make mistakes too, but then the probability is very low.
You have come so far and if you need to spend some money for the filing fee for you/spouse its still worth it.
I agree that, if the company is supporting an applicant go with the company attorney team. The RFEs one gets after a long standing I-485 are 1) G-325A form, 2) I-693 (medicals), 3) I-485 Supp J (if there is AC21) [includes a AC21 justification] and 4) EVL.

The I-485 Supp J will mostly done by a company attorney. This will also include a justification for same or similar category job.

If there is no Supp J, then the entire set of RFE's is very simple. G-325A is a one page form. Take your old G-325A and update if you have any changes in work or resident addresses. So there is no need to be alarmed. These are simple RFEs. I don't see any issues in replying on your own.

Addl Thoughts:
The whole point is being independent of the attorneys and save some bucks for easier things. There are a lot of users who did EAD/AP renewal by themselves (since 2012). They have done renewals at least 4 times since 2012. Of course there is a group who used attorneys and paid anywhere between $500 to $1500 per applicant. There is no USCIS fee for renewing EAD/AP. All you pay is to print your photos and for FedEx. People should be mentally prepared to do the EAD/AP renewals by themselves. Usually the first EAD/AP is given only for 1 year. So a bunch of users will send EAD/AP renewal documents in the summer of 2021.

[bookworm]

That's a first good news in almost 3 months (after late september early October euphoria). Let's hope we are in for FAD movements.

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

[Kesid23]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

[Turbulent_Dragonfly]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

FYI, the wage increases are scheduled to kick in on July 1. Enough time to overturn it or file for a renewal if your H1 is expiring in the next 6 months.

[Turbulent_Dragonfly]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

It could also be that they have finally caught up with the tsunami of applications from Oct.

[bookworm]

I agree that, if the company is supporting an applicant go with the company attorney team. The RFEs one gets after a long standing I-485 are 1) G-325A form, 2) I-693 (medicals), 3) I-485 Supp J (if there is AC21) [includes a AC21 justification] and 4) EVL.

The I-485 Supp J will mostly done by a company attorney. This will also include a justification for same or similar category job.


Great Thoughts overall.

I will only add a different perspective On 485J. Using company lawyers has its pros and cons;

Pros;

1. Lawyers have seen many cases so they can decide what will and will not work.
2. Saves one the headache of poring over 485 JD Vs current JD
3. With the changes in SOC code it is always a challenge to pick the right SOC for minimal risk of rejection.

Cons:
1. If one had transitions in their career the individual is best equipped to connect the dots between the prior JD and Current JD
2. Depending on the relationship with HR and Manager one can emphasize duties that are similar in the 485 JD to the new JD
3. One has the latitude to pick a SOC code that is in the right zip code rather than be at the mercy of lawyers
4. Lawyers will generally take the conservative approach when the need may be for pragmatism.

In summary If you have a situation that needs explaining for 485J you may be better served by doing some homework on your own or by engaging your own lawyer. Company lawyers are paid by the company so they will do everything for their client first, next for you and last for USCIS.

[bookworm]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/newsflash-rule-that-hikes-prevailing-wages-to-be-republished-on-thursday/

This is all gamesmanship. Anti-imm in administration are setting up playbook to block Bidens agenda via SC. Most likely will fail as these are administrative matters so courts will give more latitude to Biden & Co. Will add to the stress levels but wont matter in long term.

[Moveon]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

[vedu]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview.

[mesan123]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

[mesan123]

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview. you might be correct. People with EB2 Feb2010 also getting reciepts. Might be it will move to early 2010.

[moonlight]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

[rabp77]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

[rabp77]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .
you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update-mandatory-employment-based-i-485-adjustment-of-status-green-card-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

[Moveon]

you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update-mandatory-employment-based-i-485-adjustment-of-status-green-card-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

Thanks for the clarification . Yes we both got RFE for the medicals and I got the Supplement J too . Seems straight forward . Hoping dates will move rapidly in the coming months given that the administration is changing in about a week .

[Moveon]

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

I agree , its not worth the risk . If they invalidate the 485 its back to square one . 180 days will fly past . Best of luck

[idliman]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .
There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).



Who will be interviewed?

If your employment-based adjustment application was filed on or after March 6, 2017, USCIS will interview you and any family members applying for adjustment with you.

If your application was filed before March 6, 2017, you could be called for an interview if there is an issue that may affect your eligibility to adjust status, such as an arrest or conviction. This is consistent with USCIS?s previous interview policy for employment-based adjustment applicants.

[aGCHopefull]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.

[Moveon]

There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).

Thanks a lot . Yes , I just completed our medicals and the lawyers are handling the paperwork.
Now to wait and watch for the Visa Bulletin. Any statistic on how long it is taking for the GC to get approved after the dates get current for the 2012 filers ?

[19YRSNOGC]

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

[idliman]

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.
Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.

Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.



The American Competitiveness in the 21st Century Act (AC21) permits new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;

Form I-140 has been approved, or is approvable when filed concurrently with I-485;
Form I-485 has been pending for at least 180 days.



The new job does not have to be in the same geographic location
The new job does not have to pay the same or a higher salary
A new labor certification is not required.


The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of I-485 application, as indicated in a I-797 receipt notice.

Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:


I-140 petition is withdrawn by prior employer before applicant's Form I-485 is pending for less than 180 days with USCIS; or
Original employer's I-140 petition is denied by the USCIS at any time; or
Your approved I-140 is revoked at any time,
Employee fails to prove that a bona fide employment relationship existed at the time of filing.



Hope this helps. Good luck!

[idliman]

For completeness (https://www.iv-law.com/immigration-lawyer/green-card/ac21-portability/) of information:


About the "Same or Similar" position Requirement:

To be eligible for AC21, applicant's new employment must be the "same or similar" occupational classification to the one requested in initial Form I-140. There is no clear definition of what constitute "same or similar," but a USCIS adjudicator will consider the following factors:



Job Description: job duties of the new employment will be compared with the job descriptions contained on Form I-140 or labor certification;
SOC code : the SOC code (https://www.onetonline.org/find/) is an occupational code associated with specific job description indicates weather the new employment is the same or similar occupational classification;
Wage information: new salary should not be significantly different from the previous one, however it doesn't have to be exactly the same or necessarily higher.

[srisri]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC

[delorean_doc]

Folks, reading through the posts, the dates for biometrics, and EAD approval are all over the place (literally) depending on the service center. Can anyone weigh in on the expected timelines at the Texas Service Center? I believe continents drift faster than their processing times

[mesan123]

I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

Thank you both. It is been 2 months for me.. hopefully will get mine soon.. when i contacted customer service the rep told normally you dont get that reciept number... so i dont know if it is standard to get it or only few get it

[ak7419]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.

[incredible]

There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.

That is interesting analysis. I did submit 485 J in 2020 since I moved companies (after responding to an earlier 485 J RFE in 2018). If I remember correctly my application was in NBC. I would not expect an RFE for 485J, but for medicals may be. We will see in the next few months. Ironically the 2018 485 J was indeed approved (and did receive approval), where as the 2020 485 J is still in process.

[usvisas]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around

[19YRSNOGC]

Finally Received my EAD Card.

[usvisas]

Finally Received my EAD Card.

Congrats! Was your 485 applied at Texas lockbox and your case number starts with MSC?

[19YRSNOGC]

yes,was sent to Texas lockbox

[gc_dedo]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?

[Zenzone]

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC.

[moonlight]

Thanks rabp77, Moveon and idliman for the direction and explanation for AC21. I will not risk anything at this moment.

[mesan123]

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC. congrats.. did you get 485J reciept?

[mesan123]

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around i think it is not true. I applied to texas lockbox, straight EB2. My reciept no is MSC series... i did see many EB straight folks getting EAD in MSC too

[inspired_p]

Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.

Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.



Hope this helps. Good luck!

Thank you for the detailed summary !

[Zenzone]

congrats.. did you get 485J reciept?

Nope. Just the I-485 receipt as I filed both concurrently.

[bookworm]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

https://www.politico.com/news/2021/01/12/kamala-harris-immigration-green-cards-daca-citizenship-458455

Interesting proposals.

[idliman]

https://www.politico.com/news/2021/01/12/kamala-harris-immigration-green-cards-daca-citizenship-458455

Interesting proposals.
See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.


Harris said their bill would grant green cards immediately to immigrants protected by the Temporary Protected Status and De ferred Action for Childhood Arrivals policies. She added that the administration would also try to decrease the amount of time required to acquire U.S. citizenship to eight years from 13 years by making the naturalization process more efficient.

[bookworm]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

I hear you and have the same skepticism. I only wanted to point out that the circus is back in town so those of us who are in the queue should push & make all efforts to get through in the next 100 days. USCIS will act as per their political masters priorities and we will end up suffering due to wasted numbers.

[Turbulent_Dragonfly]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

There was a post in trackitt a couple of days ago when a user innocently asked if there is going to be any issue with his current photo because his hair is now almost gray from photos submitted before. He needs to ask that to the State Department twitter account.

[idliman]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?
I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

[mesan123]

Nope. Just the I-485 receipt as I filed both concurrently.
What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

[raradhya]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

[idliman]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.
If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.

I-944 (Declaration of Self-Sufficiency), I-693 (Report of Medical Examination), G-325A (Biographic Information) and G-1145 (E-Notification) are supplemental forms and do not get stand-alone receipt numbers. So, the three receipt numbers that you had received so far are the only ones that you will receive.

Hope this helps.

Murthy had an article about I-485 Supp J a few years back. You can read it for more info (https://www.murthy.com/2017/04/17/update-on-i-485-supplement-j-filings/).

[gc_dedo]

I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

[aGCHopefull]

If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.


You are definitely more knowledgeable on this but few friends of mine (who had applied I-485, I-131, I765, I-485j in Oct 2020) have received a separate receipt for I-485J as well. While few of us have not received it yet.

[Zenzone]

What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

As you can see from my previous posts, I'm a straight EB2 (Jan-2011 PD). My lawyer told me that when you file concurrently (485 + Supp J) you may not receive any separate receipt for Form J and that's normal.

[Zenzone]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

This is all you will get as such as rest of the forms usually don't get any separate receipt notices as mentioned by Idliman above too. I'm confirming this based on what my lawyers have told me when I checked with them for my case.

[AceMan]

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

Once you cut the cord, you got to breath on your own.

[Zenzone]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?

[idliman]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?
Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

[Zenzone]

Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

Thanks! I'm not worried. It was a general clarification. Guess we have been here long enough to appreciate how USCIS works in its own mysterious ways ;)

[mesan123]

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

[Zenzone]

that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

Bingo...Just now our 765/131 statuses both changed to "case was approved".

[idliman]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

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

[Turbulent_Dragonfly]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

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

Thanks for the info! I am hoping I will never have to renew my EAD/AP :p

[bangaloreboy]

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

[qesehmk]

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

[vedu]

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

I second that. Specially, to idliman these days! It seems like he has received PhD in immigration matters!

[tenyearsgone]

Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

If you are with the same employer that you filed I485 with, then it doesn't matter if you are working on EAD or H1B. Switching to EB3 process remains the same (via new I-140 I think).
If you switch employers, then you need to file a new Perm and I-140 and then switch to Eb3.

[KB8765]

Yes, waiting patiently. Submitted on October 29 and no sign of Receipt or checks. Not sure how long this is going to take and if for Receipts we have to wait for 3 months then I wonder how they are going to utilize the spillover before September 2021.

[mohan_jgd]

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

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

Thanks idliman. These detailed posts are worth their weight in gold.

[mohan_jgd]

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

[sstest]

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

Same for me and one of my friends. Still waiting for updates.

[gc_dedo]

I hear you. Thanks.

[bangaloreboy]

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

Thanks mohan_jgd...that calms some nerves a bit...
Same date and lockbox here...
I had started to entertain thoughts that my file was sitting outside and getting soaked lol!
USCIS please take my money!

[bangaloreboy]

Same for me and one of my friends. Still waiting for updates.

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

[aGCHopefull]

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

Don't worry about the Received date. USCIS honors the date when it is received by lockbox.

[mesan123]

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

[bangaloreboy]

Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

Thanks Mesan! agree, all we can do is wait. Until then, onto to VB watch!

[Turbulent_Dragonfly]

My attorney was a bit pissed at me because she wanted to get the application in on Oct 1. She thought first that we need to submit everything but later decided that it would be better to get it in without medicals to avoid even a few days delay. By then I had decided I wanted to submit a 'complete' application with medicals and the clinic screwed up the blood draw which cost us extra days and we finally sent it out on Oct. 8 but she warned me we were playing with fire and there are going to be unimaginable delays. Tough to see a lot of people in limbo losing sleep over this for months now... hopefully they will catch up to the processing and maybe new Admin will allocate extra resources to handle the load.

[usvisas]

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs

[idliman]

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs
I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

[txsguy]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

[bookworm]

Seeing some interesting cases on Oct filers Whatsapp and Telegram groups. Looks like TSC is issuing cards without issuing RFEs. One case the last medicals were in 2012.

The only common thread seems to be applicants are in the same job since applying.

[usvisas]

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

couple of guys say: don't know if its TSC or NSC, been too long, how to find? :)

[Palver]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

Not exactly. There are a lot of people like me who haven't filed a downgrade. Some are negotiating with employers to file for a downgrade, some people have moved on to a new job and waiting for PERM approval etc.Quite possible that there would have been more 2014PD applicants who would have filed in December if given a chance.

[idliman]

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV. The "DF" or filing dates are based on internal calculation (DOS/USCIS) on where the "FA" or final action dates will be at the end of that year (Oct 1st to Sep 30th). Based on past history they keep it open only for the first 1 to 3 months to get enough applications to build a buffer.

They should have gotten more fresh applications than they originally calculated / expected (probably EB2 to EB3 downgrades). That's why they moved / keep moving the DF dates. Please note that the Visa Bulletin is done by the State Department. They control the number of GCs that are issued. The honoring of "DF" dates is at the discretion of USCIS. So both departments do their job independently. Ideally they both should be in sync. But it is not practical.

There is a saying inside the beltway. DHS is one of the worst functioning arms of the Govt. and sometimes called a total disaster. Some people think DHS should be shutdown.