EB2-3 Predictions (Rather Calculations) 2015-2020

[samada]

I received RFE from TSC for Medicals, 485J and 325A.

EB2I 11 September 2009.

[bluelabel]

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.

My PD is March 2nd 2010 EB2I and i did not receive any RFE yet but one of my old colleague who has same priority date and filed I-485 at the same time as me got RFE. We both are at NSC and received RFE in 2018.

[samada]

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.

I received RFE a week ago from TSC

[Turbulent_Dragonfly]

Obviously no visa bulletin today which I believe is a good thing. Can you guys believe it? We are at the end of the LAST FRIDAY of this MISERABLE PRESIDENCY! Hope for a better bulletin from the next Admin, if not the Feb, at least the March one.

I wish everyone here a lot better immigration fortune at least for the next 2 years and hope for the best for the midterms.

[mcmilers]

I agree. let's hope the new admin brings a decent amount of relief for the backlogged community and EB immigration isn't a black hole anymore.

And we see a positive VB next week...We can only hope...

[superuser]

hello Gurus,

My company has filed my EB3 downgrade application on 30th December. At moment, I am waiting for the receipt notice. I see many lawyers out there recommending filing premium processing for downgrade only after receipt notice to be on a safer side.

I need to provide justification to my employer for the premium processing if I want to opt that. would you please help me understand what's the exact benefit of getting premium processing for EB3 I-140 downgrade?

Thanks You!

[rainmaker12]

Biometric appointments cancelled for Jan 19 and 20. USCIS probably expecting some events on inauguration day.

https://www.uscis.gov/news/alerts/uscis-suspending-in-person-services-jan-19-and-20

[vsivarama]

hello Gurus,

I need to provide justification to my employer for the premium processing if I want to opt that. would you please help me understand what's the exact benefit of getting premium processing for EB3 I-140 downgrade?

Thanks You!

There is not much benefit, other than that you can move on with your life once i-140 is approved. In case of the rare case of rejection some people would rather want that now than a year later. You can have some mental peace if you want to ditch H1 for good and move on to EAD (a tad bit riskier while your i140 is pending). The only other thing that I can think of is (rare chance), if your FAD becomes current, your GC will not be approved if i140 is pending adjudication.

[idliman]

I received RFE a week ago from TSC
Congrats on getting your RFE. Glad to see that TSC folks are getting RFEs. NSC works on its own. A couple of years back they sent RFEs to everyone with pending I485 requesting updated medicals. Those might have expired. From what I have seen NSC had sent more RFEs to keep their files current. That's why I wanted to hear from TSC folks.

TSC on the other hand is like a black hole. There are people who have not received any RFEs since their files were pre adjudicated in 2012. If many people from TSC get RFE's then it is definitely positive. It is a good indication of things to come.

[idliman]

There is not much benefit, other than that you can move on with your life once i-140 is approved. In case of the rare case of rejection some people would rather want that now than a year later. You can have some mental peace if you want to ditch H1 for good and move on to EAD (a tad bit riskier while your i140 is pending). The only other thing that I can think of is (rare chance), if your FAD becomes current, your GC will not be approved if i140 is pending adjudication.
superuser: I agree with the moderator. If your EB3 FA PD is current or close to being current, definitely go for premium processing. On the other hand if your PD is somewhere in 2014, I don't see the benefit of Premium Processing. I think I-140 takes about 6 months to approve now-a-days. Things will speed up once the JB admin take charge of things.

If you are not with the same employer, same job and same service center, then USCIS will not accept premium processing. So they get the receipt notice first and then file premium processing.

[superuser]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

[ak7419]

My case is being processed at NSC whereas my spouse's case is being processed at TSC. None of us received RFE. Is that normal for the cases to be in different service centers?

[vsivarama]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

Well this is just my opinion so take it for what it is. Though I cannot tell you what to do, I can layout the facts on the ground.

People with PD in 2010 and early 2011 should definitely give consideration to PP. The rest can decide based on their personal situation. Having said that here are the things that need to monitored.

i) How committed is USCIS in using up the extra spillover numbers? The only way to know this is to monitor the VB closely and based on the movement maybe we can decide more.
ii) Currently Avg processing time for i140 is close to 6 months. Is it going to decrease/stay the same/increase? Yes, Biden admin may speed up the processing time somewhat, but COVID is still a thing and the sudden influx of i140s for downgrade petitions may slow things down more.
iii) How safe is your job situation? If there are layoffs starting in your firm, then it's always safe to try and PP your case so that you are in the safe zone. If you are laid off after 180 days of filing i485 but your i140 is still pending approval, then it's kind of a grey area. I certainly would not want to find out what happens if the firm revokes your i140 while pending adjudication.

I hope you can make your decision based on some of these factors and how they apply to you.

[Chilli19]

I have biometrics appointment scheduled for Jan19th. Now I need to wait for a reschedule notice from USCIS

[usvisas]

Did nyone receive bio notice in 2021? I haven't seen any across any group, forum or tracker. Hearing that there's some pause since Jan 1st 2021?

[EB2June2010]

My wife and I received our receipt notices in the mail yesterday for I-485 as well as EAD/AP.

Category: EB2-I
Priority Date: June 28th, 2010
Application filed: Oct 26th, 2020
I-485/I-131/I-765 Received Date: Oct 27th, 2020
I-485/I-131/I-765 Notice Date: Jan 11th, 2021

We are still waiting for the notification for our biometrics appointment.

[rabp77]

My case is being processed at NSC whereas my spouse's case is being processed at TSC. None of us received RFE. Is that normal for the cases to be in different service centers?

USCIS tries to merge the cases for family members even if they are filed separately, but its not guaranteed. Personally know a friend, where the principal and derivative application were applied almost 3 months separate, and had fingerprints separately, but the subsequent interview and approval etc happened together. In this case they had the applications initially processed by different service centers, but eventually both were moved to the same service center. So i believe, they will try to merge it. Also you cannot normally say by the case status number where you application is being processed, because cases are often transferred between centers.

[rabp77]

Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?

If they utilize all or most of the visas spillover, your date should be current in the next 1-2 years. There is also expected to be a reasonable spillover for FY2022. Thats the reason i am optimistic. Here is how this can be estimated: as per last release inventory data, the number of applications were around 1400 per month for india for early 2010 (for eb2). Now that number could have been higher in 2011, and maybe higher for EB3. But assuming its around 2000 per month, and availability for india EB2 /eb3 of around around 30000- 35000. This would mean an advancement of around 18 months this FY, which should put you very close by end of this FY. So one can be optimistic of this happening in the next 1-2 years.

However, please take it with a grain of salt as no one can predict utilization of visa numbers. Also it would help bring more transparency if they start publishing inventory data. You could use whereismyGC for predictions based on more data (which will be better than back of envelop computations above).

Good luck.

[H1b2006]

Guys 4 VB's came out in 2021 Fiscal year and so far had no luck for EB2/EB3 India

with 8 VB's in 2021 fiscal year,

what is the worst outcome can be for EB2/EB3 folks

do you guys think whole 25000 FB spill over visas per eb2 eb3 will be wasted in 2021 year?

In worst case scenario for 2021 with all FB spill over numbers wasted

whats chances of EB1 getting current in coming 8 VB's

once eb1 gets current how many extra numbers from eb1 can be passed on to EB2 per year untill EB1 India gets clogged again?

with 6 months FB numbers not getting used in 2021 Fiscal year, there is 60000 numbers atleast to be spill over to EB2/EB3 in fiscal year 2022

even if FB numbers are wasted this year, EB1 getting current in next 3-4 bulletins and 60000 FB spill over numbers coming to EB2/EB3

what will be FAD movements for EB2/EB3 India in Feb/March/April/May/June/July/Aug/Sept/Oct/Nov/Dec?

Om Namah Sivayah

[txsguy]

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.

I was reading there is no law which says they have to give all the people who have filed with Date of Filing GC's in the same year. It's mostly a guesstimate between DoS and USCIS because if it was law, we would see DoF being set in first three months and then by end of year all the people would have gotten GC's. So, its a guesstimate. That part everyone agrees.

Now coming back to this guesstimate, lawyers are proposing why cant USCIS do Date of Filing very aggressively if its not prevented by law and give benefits of AoS. State Dept can keep giving GC's slowly in their own sweet time.

[moonlight]

txsguy, where did you get some pointers from that lawyers are proposing to issue the EAD based on aggressive DF? I think it would directly hit their revenue streak and they would not like to implement that. However, I may be wrong if the perspective is changing now a days.

[txsguy]

http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html
(http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html)

Even CATO Institute sent this in its list of proposals. Of course it does not mean administration will/has to do anything but legally they can do and nothing is stopping them from moving the Date of Filing aggressively.
My point being legally there is no limit as to how much date of filing AoS they can take. Only number of GC's are legally bound and numbered/year.

[ak7419]

USCIS tries to merge the cases for family members even if they are filed separately, but its not guaranteed. Personally know a friend, where the principal and derivative application were applied almost 3 months separate, and had fingerprints separately, but the subsequent interview and approval etc happened together. In this case they had the applications initially processed by different service centers, but eventually both were moved to the same service center. So i believe, they will try to merge it. Also you cannot normally say by the case status number where you application is being processed, because cases are often transferred between centers.

Thank you rabp77. Much appreciated!

[idliman]

To all the folks who are new to the Trishanku Status (AOS Pending), make sure that you are aware of the implications before you travel out of USA. It is advisable to travel only with AP. Browse the precautions in the following thread. Good Luck.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

[H1b2006]

To all the folks who are new to the Trishanku Status (AOS Pending), make sure that you are aware of the implications before you travel out of USA. It is advisable to travel only with AP. Browse the precautions in the following thread. Good Luck.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes

As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)

[idliman]

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes
As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)
I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

[Turbulent_Dragonfly]

I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

Yeah, I am also in the 'I will believe it when I see it' mode.

The current admin make take one last parting shot before they are kicked out, so I am tempering my expectations at least for the Feb bulleting and hoping it won't be released until next week.

[Turbulent_Dragonfly]

http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html
(http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html)

Even CATO Institute sent this in its list of proposals. Of course it does not mean administration will/has to do anything but legally they can do and nothing is stopping them from moving the Date of Filing aggressively.
My point being legally there is no limit as to how much date of filing AoS they can take. Only number of GC's are legally bound and numbered/year.

I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

[vedu]

Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes

As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)

This visa bulletin means world to us. We are constantly thinking about it, so we only see this from our own narrow point of view. But the reality is this means not much to any old/new administration. They have other bigger fish to fry, so they are not waking up every morning thinking what dates they should set for upcoming visa bulletin, much less what dates should be set up specifically for EB2/3I. This means nothing to them. My guess is they will let DOS/USCIS worry about that, while politicians themselves will be busy with more meaningful topics from their point of view such as impeachment, next stimulus package, maybe DACA, etc. If dates progress significantly, good for all of us. If they don't, who gives a damn except people on this forum!

[sudiva]

If they don't, who gives a damn except people on this forum!
I like the way you finished the comments :cool:

[rabp77]

I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

i agree. We should see faster movement in final action dates before any aggressive movement in DF dates.

[Turbulent_Dragonfly]

Sorry for one off topic post! Did anyone see what happened at the Gabba?! I surely wish this portends well for the rest of the year for all of us on our immigration journey. Beating unimaginable odds and coming out victorious in the end! What a game by the young debutants and other fresh faces. My spirits are truly lifted the morning of the day when an awful chapter comes to an end in this beautiful country.

[AceMan]

Sorry for one off topic post! Did anyone see what happened at the Gabba?! I surely wish this portends well for the rest of the year for all of us on our immigration journey. Beating unimaginable odds and coming out victorious in the end! What a game by the young debutants and other fresh faces. My spirits are truly lifted the morning of the day when an awful chapter comes to an end in this beautiful country.

This is even better than the match played by Bhuvan and his team as depicted in Lagaan.
The bowling experience in tests before this match was Siraj - 2, saini - 1, Shardul Takur - 10 balls, Sundar and Natarajan - 0, combined wickets taken under 10. Aussie bowlers - >1000 wickets

This Indian bowling attack took 20 wickets, while the Aussies wilted. Paine?s comment C U in Brisbane came back to pain him.

[srisri]

I am a Dec2009 PD candidate and have applied for EAD/AP renewal, my manager tired of approving renewals for H1 and EAD for the last 10 years, this guy from last 4 years said I’ll pray for your GC and hopefully this would be the last time renewing it. I said the same thing to myself few years ago. All this legislation might happen might not happen but if USCIS and DOS don’t waste visa’s this will bring relief to a lot of old timers.

On a lighter note my wife and I were discussing our aging looking at the pictures in our EAD cards from the past 9 years.��

[newyorker123]

A bit off-topic: Is there Premium processing now for EB2 NIW ?

[gayathrianil]

Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

[gayathrianil]

Gurus,

I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

[idliman]

Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.

Here are my answers. Always refer to your attorney to get final legal advice. I don't have formal education in immigration law.

Browse through the following threads for EAD/AP first. Pay attention to I-9 / Status section in those threads.

https://www.qesehmk.org/forums/showthread.php/2935-Travel-with-AP-and-Pending-I-485-(AOS)-Green-Card-Application

https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format
(https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format)
Looks like you are new to the I485 C9P EAD/AP. The first rule is to stay with the employer who filed I-140 & PERM for 180 days after the "Received Date" of I-485. There are a lot of posts that explain AC21 protections. If you are asking all these question for the first 180 days within I485 submital, the answers can be very complicated based on your scenario.

1. AP is just a travel document that authorizes to enter USA. This question is more towards EAD. They cannot be separated as CBP can ask you employment questions at Port of Entry. I would wait for 180 days first. After that you are a "free agent" and it does not matter.

2. Once you use AP at port of entry, you are no longer on H1B. You are a "Pending AOS / DA / Parolee". Usually the employer / HR does not bother if they have a valid I-9. Once you renew H1B, then you come back to H1B status.

3. No issues. Everything revolves around 180 day AC21 protection. USCIS can send you an RFE anytime. At that time you need to be able to file I485 Supp J with "same or similar" category justification. Whether you work for Employer A or B or C does not matter. When a RFE is sent you will reply with a Supp J from the employer that you are working at that time.

I would stay put for the first 180 days after submitting I485 and avoid changing jobs at that period.

[gkjppp]

EAD/AP Receipts???

I applied for my EAD/AP renewal and it reached Lewisville,TX lockbox on 10/30. I have not received my receipts yet. I see in trackitt most of the guys got their receipts for October,2020. Is there a way to get receipt no's? I work on EAD not sure what options I have??? with pending EAD receipt i can work 180 days without a receipt ????

[idliman]

EAD/AP Receipts???

I applied for my EAD/AP renewal and it reached Lewisville,TX lockbox on 10/30. I have not received my receipts yet. I see in trackitt most of the guys got their receipts for October,2020. Is there a way to get receipt no's? I work on EAD not sure what options I have??? with pending EAD receipt i can work 180 days without a receipt ????
Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

[gkjppp]

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)

[Moveon]

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

I suppose the receipt was lost in mail, did you ask your lawyer as they would a copy if you used their services . As mentioned you can get to a live agent and have this resolved. EB cases are C-09 category so you will have the 180 days grace as long you filed before the EAD expired. Even after that you can still maintain employment by getting furloughed during which you will have health care and any stock plans continuing but w/o pay.
Anyway , I guess its a case of mail lost somewhere as it was election season and the administration was removing the sorting machines. You will be fine, don't worry as EAD denial is almost unheard of unless you committed some major crime.

[idliman]

Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)
Sorry. I misunderstood you as a first time I485 applicant. You are talking about regular EAD/AP renewal. Strange that you have not received receipts after 75+ days. This is what I would do in the order of things;


Call USCIS early AM (8AM not 11AM)
Chat with Emma in the morning (have your A# ready),
Email USCIS lockbox support immediately. and
Contact Ombudsman.

1) and 2) can be done in parallel. It may take you multiple tries for 1 and 2 (Ghazni Mahmud and his 17 invasions).


If we have not responded to an email from your attorney or representative within 30 days of receiving your filing package, you may email us at lockboxsupport@uscis.dhs.gov and we will answer your email as soon as possible. Please include the form number, receipt number, petitioner and/or applicant name, and mailing address. Do not include Social Security numbers in emails.

If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).


If all actions taken above do not result in receiving a receipt notification on a pending application with USCIS, individuals may file a Case Assistance Form (https://www.dhs.gov/case-assistance) with the CIS Ombudsman?s Office who will reach out to USCIS for status updates for the application.

Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.

However, the last week of Oct 2020 has the biggest dump of applications (I485). So keep working to get a receipt notice first. Then as soon as you are eligible, open a SR for EAD/AP. Be prepared for the congressman route. Just keep on pushing. You are eligible for C9 automatic extension. However, I would like to get a clean approval and not go to DMV multiple times to renew DL. Good Luck.

[srimurthy]

Moved the Transit Visa posts to a new thread:
https://www.qesehmk.org/forums/showthread.php/2936-Transit-Visa-details-and-disscusion-for-travel-on-EAD-AP?p=69282#post69282

[qesehmk]

Idliman and others who are active on this forum in helping others if you need moderator access to maintain this forum please let me know either here or through private message. Our general criteria is that the person should have at least 100 posts and a good reputation among the community.

[cool_dude]

I am debating whether to upgrade i140 downgrade application to premium..my priority date is May 25 2011.Just got receipts for eb3 downgrade i140,1485,i765 and i131.

[gkjppp]

Sorry. I misunderstood you as a first time I485 applicant. You are talking about regular EAD/AP renewal. Strange that you have not received receipts after 75+ days. This is what I would do in the order of things;


Call USCIS early AM (8AM not 11AM)
Chat with Emma in the morning (have your A# ready),
Email USCIS lockbox support immediately. and
Contact Ombudsman.

1) and 2) can be done in parallel. It may take you multiple tries for 1 and 2 (Ghazni Mahmud and his 17 invasions).



If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).



Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.

However, the last week of Oct 2020 has the biggest dump of applications (I485). So keep working to get a receipt notice first. Then as soon as you are eligible, open a SR for EAD/AP. Be prepared for the congressman route. Just keep on pushing. You are eligible for C9 automatic extension. However, I would like to get a clean approval and not go to DMV multiple times to renew DL. Good Luck.

I got my receipts through Emma Live chat. Next step is to get actual receipts from them, which's needed to renew DL and work authorization before expiry. Thanks for your help Idliman

[gkjppp]

I got my receipts through Emma Live chat. Next step is to get actual receipts from them, which's needed to renew DL and work authorization before expiry. Thanks for your help Idliman

In fact, I emailed yesterday to Lockbox, I just got a standard reply. Chat with Emma seems easier way.

[srimurthy]

Moved some of the new Administration proposals and discussions following that to Bills, Rules and Politics thread.
https://www.qesehmk.org/forums/showthread.php/2696-Bills-Rules-amp-Politics

[gayathrianil]

Thanks Idliman for the response. But in my case it is my previous employer who filed my 485, not the current employer. So i guess i have to go back to work for him either after my EAD approval or after getting GC. Thanks again.

[inspired_p]

A bit off-topic: Is there Premium processing now for EB2 NIW ?

No. Unfortunately there is no premium processing for EB2 NIW applications, it takes around 9 months for approval.

[newyorker123]

No. Unfortunately there is no premium processing for EB2 NIW applications, it takes around 9 months for approval.

Thanks; I inferred the same. I thought this was a done deal as per the Oct 2020 order, and it was just a matter of time when this is finalized. But now with the Biden admin, who knows!

[idliman]

Thanks Idliman for the response. But in my case it is my previous employer who filed my 485, not the current employer. So i guess i have to go back to work for him either after my EAD approval or after getting GC. Thanks again.
I see only two potential issues in your case.

Validity of I-140: If the I-140 has been approved, my concern will be whether the employer will withdraw it before you reach the 180 day limit. In this case, your I-485 will be rejected. After, 180 days even if the employer withdraws I-140, AC21 protects you. Now, if the I-140 is not approved even for 180 days after filing I-485, then it is a "grey area". A crafty attorney can save you in that situation.
Potential Fraud of not working for sponsoring employer: As far as I know there is no legal requirement to work for the sponsor at the time of filing the LC or I-140 or I-485 is pending. EB GCs are based on future job offer. Will USCIS raise the issue of whether initial offer in LC / LC employer was valid or bona fide? The best proof of a job offer is working for the employer who sponsors your PERM / I-140. Filing a future job offer, without working for the employer and later using AC21 to move to a new employer can raise intent related questions or potential fraud or misrepresentation.


I want to tell my version of the truth as it is without sugar coating. If you want to take a risk and get through the first 180 days go ahead. With the current workload of USCIS, it would easily be 180 days before they start paying attention to your application.

I keep repeating this like a preacher multiple times in this forum. The key is the first 180 days after the receipt date.

Good Luck.

[bangaloreboy]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A

[mesan123]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A
Congratulations... good relief...

[mohan_jgd]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A

Thats a big relief. Still waiting on my end. Hopefully soon as my application has been filed on 10/29.

[KB8765]

Thats a big relief. Still waiting on my end. Hopefully soon as my application has been filed on 10/29.

Yes it was a long nervous wait and sleepless nights just for Receipt. Mine was submitted on 10/29 too and got receipts numbers yesterday from Emma Chat. Dont worry you will get it soon.

Not sure how long of a wait it will be for the next step.

[mohan_jgd]

Yes it was a long nervous wait and sleepless nights just for Receipt. Mine was submitted on 10/29 too and got receipts numbers yesterday from Emma Chat. Dont worry you will get it soon.

Not sure how long of a wait it will be for the next step.

Cool. I did try on Emma chat yesterday too, but was told that i am not in the system yet. Will try again early next week.

[bookworm]

Some authoritative explanation of the method behind the madness (New for me. Pardon if gurus already know this)

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/Immigrant%20Visa%20Control%20System_operation%20of .pdf

Is this the reason we see spurt in approvals in beginning of the month and then zero movement in the last 2 weeks of the month?

[Turbulent_Dragonfly]

Would be nice for the new admin to release a good VB tomorrow so that we can talk more about future predictions rather than receipt notices on this thread!

[gayathrianil]

Thanks Idliman, my I140 was approved approx 9 yrs back, i worked with my previous employer for 10 yrs , not sure if they count that , but i dont have any issue working with them for 6 more months. Just wanted to see when i can join and if i can use AP without joining them (before joining them).

[srisri]

VB out EB2-I moved to 12th Oct 2009. That’s effectively 2 days movement considering the weekend.

[Maxray]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html

Eb1-4months
Eb2-4day
Eb3-9days

[idliman]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html

Eb1-4months
Eb2-4day
Eb3-9days
Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

[AceMan]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

:-D Give Biden time to settle in. It is not even 2 days since he became the President. Let us look at the April bulletin to see if the new administration changes are up to the speed with expectation. EB1 has reached January 2020, considering the low applicant resultant of covid impact from March 2020, Eb1 India can be current by April 2021 bulletin.

[bookworm]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

The question comes down to USCIS ability to process thousands of cases in 4 to 5 months time. Based on historical pattern it seems improbable that they will be able to accomplish that.

Right now TSC hasnt even looked at PD that went current in Nov. OTOH NSC keeps sending RFEs but limited CPO. Points to a lack of capacity to deal with a four fold increase in Q3 & Q4 due to spillover. IIRC same thing happened in 2012 except we were discussing 2007 folks then and now we are discussing 2009 & 2010 folks.

[AlmostThere]

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html

Eb1-4months
Eb2-4day
Eb3-9days

From Feb Bulletin, so looks like future is slow!
EMPLOYMENT-based categories (potential monthly movement)
Employment First:
India: Up to six months

Employment Second:
India: Up to two weeks

Employment Third:
India: Up to three weeks

[Zenzone]

:-D Give Biden time to settle in. It is not even 2 days since he became the President. Let us look at the April bulletin to see if the new administration changes are up to the speed with expectation. EB1 has reached January 2020, considering the low applicant resultant of covid impact from March 2020, Eb1 India can be current by April 2021 bulletin.

I agree. I think there should be definite fwd. movement starting March.

[Zenzone]

AceMan,

Yes, I read that post and it does make sense to me. And I wasn't picking on you. I just used your post to express my feelings.

In this D's vs R's battle and the resultant status quo, any bad news is actually good news and any good news is actually bad. I said this before also. One doesn't have to be genius to figure that out. Zenzone got his chance at EAD, because the bad news of family visa ban due to COVID was actually a good news for him. And I am not even being insensitive about it. I personally lost my dear ones in this pandemic. But this is the TRUTH!

Sorry to hear about your loss! I didn't mean to imply that Covid is a blessing either, I understand the trauma this pandemic has caused to many of us.

[phkb2020]

Whether Rama rules or Ravana Rules, back-logger's still be backlogged.

The good news is EB1I moved 4 months and has reached 2020. Considering 3 months movement at a time EB1 should be current in 3 or 4 bulletins. That should open spillover to EB2I floodgates. I think we all should go dormant/sleep for another 3 months and come back to revisit this somewhere in June or July of 2021.

Another angle is that the VBs are finalized typically in the first week of the month. Maybe we should be hopeful and give the rulers another chance next month.

Long time lurker here. Just created an account !

Obviously with Feb 2010 priority date, I was hoping to see more movement than this.
But please explain to me what I am missing here? I am seeing a lot of posts hoping for EB2 movement in April/May. Is this due to the expectation that EB1I will go current and vertical spillover to EB2I?
But what about horizonal spillover? EB2 is scheduled to get 70K+ visas and with EB2ROW current since last year, shouldn't horizontal spillover be applied quarterly? With EB3I also in 2010s there shouldn't be any porting happening to keep EB2I dates where they are?

[asankaran]

Hi Folks,
My priority date is around last week of March 2010 EB2. Now that I see EB3 moving to April 2010, is it wise idea to downport from EB2 to EB3 or wait it out. I have EAD and have moved out from employer who sponsored my GC. If someone has already answered this or if there is another thread please point me to that.

Thanks!

[AceMan]

AceMan,

Yes, I read that post and it does make sense to me. And I wasn't picking on you. I just used your post to express my feelings.

In this D's vs R's battle and the resultant status quo, any bad news is actually good news and any good news is actually bad. I said this before also. One doesn't have to be genius to figure that out. Zenzone got his chance at EAD, because the bad news of family visa ban due to COVID was actually a good news for him. And I am not even being insensitive about it. I personally lost my dear ones in this pandemic. But this is the TRUTH!

It is painful to lose a family member due to Covid. My condolences.

[EB22010Dec]

vb - https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html

[Turbulent_Dragonfly]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

[Moveon]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

[Turbulent_Dragonfly]

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

I don't post or watch trackitt that much but are any EB1s getting GCs issued? I would understand (against the protests of the EB1C haters) if they are giving priority to first wipe out the EB1 backlog, then EB2 and EB3. But hopefully they are actually consuming and issuing the GCs to those who are current in a reasonable timeline.

[Moveon]

Guys , lets take politics on a different thread please . Lets focus our energies on what can be done with what we have to move the dates and trash the politicians on a diff thread. Honestly we are wasting our time as they are so thick skinned that they don't care for anything except getting reelected .
My request will be for us to reach out to our C-level execs to use their contacts with Pelosi/Harris as they will always pick a call from the big guys. We are not asking for any favors, just requesting that the USCIS does its basic job. Imagine what a call from Sundar Pichai or Satya Nadela or Shantanu Narayen or Mark Z to them do . Sundar/Satya/Shantanu are immigrants who have been through this and can help .

[Turbulent_Dragonfly]

So filing dates are continuing to not being accepted for Feb bulletin so confirms that they have enough backlog to work with.

There is already gridlock between Schumer and McConnell in the Senate which was predictable with such a narrow majority. Democrats leading with a massive comprehensive bill is not going to go anywhere. I don't know how many times they will try the same thing over and over again. Democrats will hold legal immigration hostage for DACA and Asylees. Republicans will hold DACA and Asylees for legal immigration.

My short term view is that it's not going to get done looking at previous attempts to pass comprehensive immigration reform. There is no way 17 Republican Senators are going to sign up for a Comprehensive IR bill. And Democrats are not going to budge on piecemeal immigration reform since they know DACA will never become law that way. Let's watch what transpires in the next few months.

[newyorker123]

Given the Senate stalemate, what can potentially be done via executive order ?

[Turbulent_Dragonfly]

Given the Senate stalemate, what can potentially be done via executive order ?

In my opinion only, anything that they do to reduce EB backlogs by Executive Action will likely be struck down in the courts no matter what Siskind or Cyrus M keep harping about. All their creative accounting of not counting dependents, recapturing old visas etc. are all wishful thinking. And above everything else, the only Executive Action as regards to immigration which is well known and has survived is DACA. I don't think the Admin is going to take any Executive Action to reduce backlogs. The DACA population may only be around 800k, but they have a foothold and a voice in the mainstream discussion and massive clout among all advocates in the public and in Congress. For EB, we have IV who make websites to call sitting Senators racist that is still up. Good luck finding some empathy.

[vedu]

Given the Senate stalemate, what can potentially be done via executive order ?

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

[Turbulent_Dragonfly]

I hope the USCIS officials in the new Admin sack up and release an updating pending I-485 inventory. At least that will set the stage to argue the level of processing backlogs that have strangled the system and prompt further action to fully utilize every visa for FY2021.

[Moveon]

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

Thanks Vedu. Executive Action , Passing of bills etc are not going to happen for legal immigration, we have seen this for the last 15 years . If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .
These CEO's (or CEOs of any big company in any country ) wield immense power in the corridors of power and this will be the simplest of favors for them to request .

Also adding insult to injury , EB-2I actually has move by only 2 days and not 4 as 10 and 11th are Saturday and Sunday :mad: . Must be some dedicated sadists in the USCIS.

[texas_]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

[Moveon]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

Yes Date of filing/ Date they receive
Plz ,use the company lawyer to use the right codes and job description to avoid rejection

[texas_]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

[bookworm]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

485J is supposed to be filed by applicant. You or your lawyer can file it. Review of the same by your company lawyer depends on your HR policies.

Having said that there are 2 schools of thoughts;

1. Provide USCIS what they ask for. i.e. file 485J if you get a RFE.
2. Proactively provide 485J in the hopes that it speeds up things.

Both have its merits.

[cool_dude]

People were expecting relief on the way, but are now completely shocked. The sick joke is previous admin used to give us this kind of movement last year even without this massive spillover, and people used to accuse them of wasting 25,000/30,000 visas. The real insult will be in the next visa bulletin when there will be "up to two weeks of movement" out of which there will be two Saturdays and two Sundays. That time no matter how twisted logic you use, you won't be able to blame it on previous admin.

If you think for a minute...you will realize that the previous admin has actually delivered the goods despite their so called "nasty" intent towards immigrants by providing massive spillover and EADs to thousands of backlogged people. They also ensured massive spillover for the next year. Now, the ball is in the new admin's court. They need to deliver the goods with their "good" intent towards immigrants by using 100% of these visas that are made available to them to distribute.

Last admin did not really deliver spillover...it was just side effect of covid restrictions.They actually made everything harder including mandatory interviews.They did not really fix immigration issues.

[texas_]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

[idliman]

Dear all,

1. After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

2. Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;
To avail AC21 protections, your I-485 needs to be pending for 180 days and should meet all conditions for approval / pre-adjudication (Valid PERM, approved I-140, No fraud, etc.,)



The 180 days is based on calendar days (not business days). The clock starts with the ?Received Date? of your I-485 application, as indicated in your I-797 receipt notice.
After 180 days you need to get the I-485J form from the new employer. There is also a section to justify why the new job is in the "same or similar" category. OR attorneys will prepare a separate sheet with detailed job description and title of the new position. You can file it yourself or ask the attorney from the new job. I485J requires a signature from the HR / Manger in the new job position as they are attesting that a new job is available for you in their company. You will get a new receipt notice for I485J and also be able to track whether it was approved or not.


You can use your own attorney to file I-485J. That way you can better justify "same or similar" position requirement. However the signature must be from company side and they will most likely involve their attorneys.

[bookworm]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

Be careful with the SOC code and JD. Involve your lawyer before you switch. If your hiring manager is willing to support you he could expand some of the "other duties" to align with your previous JD.

Your best friend in 485J is you. You need to prove how new JD is close to the old JD. My personal experience is that Lawyers and HR dont understand the functional aspects of the job so they interpret things literally. Your job is to translate their feedback into action items on the JD. Most of us are hired in same or similar occupation. Tricky part is convincing the AO that the paperwork supports it.

Good luck and god speed!

[texas_]

Thanks Brother

[texas_]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

[bookworm]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

Is your new employer a large org or a smaller org? Having a experienced attorney helps but they are expensive. The biggest hurdle in my experience is HR. If you can navigate that then you are as good as gold. Usually your hiring manager has a big role to play in detailing your duties. So make this a part of your hiring process and you will have an easier time later on. Once you are in you have limited leverage.

[Moveon]

This post does huge disservice to readers of this forum so I have to now intervene and set things straight.

1) Biden administration at this time is 2 days old. Their nominees are yet to be confirmed (thanks to lack of cooperation from previous administration). So to pin a visa bulletin on them at this stage is quite inappropriate.
2) Under all previous administrations in recent memory (Bush / Obama and then Trump) spillover has always happened May onwards. So until then the date movement is always extremely restricted for backlogged countries.
3) The previous administration was totally anti immigrant - legal or illegal did not matter. Any spillover from family to EB is completely accidental (thanks to COVID) and required by LAW. So there is nothing they did. One can write an entire essay on how many things they have done to make life difficult for all immigrants.

It is natural to have political inclination but these are simply wrong and harmful arguments.

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

[vedu]

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

Actually, you are in disagreement with Q. If you read carefully, what Q is saying is that "spillover has always happened May onwards, so until then the date movement is always extremely restricted for backlogged countries". And that's the HARD TRUTH. So, political differences aside, blaming any admin (old/new) for the visa bulletins in first couple of quarters is wrong.

[rabp77]

Whats surprising is no one asks why does it need to be this way? Is application of spillover May onwards helping achieve the spirit of the law? Shouldnt an immigrant friendly admin have a plan that is better than a repeat of what has been done (& failed) before? I mean, we are issuing EOs to allow folks sitting in other countries come to USA but cant fix the USCIS Lockbox processing for receipts?

I may sound PO but that is because I can see lot of wastage happening in Sept. Genuinely hope that I am wrong and Biden-Harris are able to achieve what they are capable of.

We need to make a distinction between spillover from FB-> EB, and horizontal and vertial spillover within EB.

FB->EB is applied immediately at the start of the year. This spillover is spread to all countries, so the impact on any individual country is not much. However, they have been cautious applying horizontal and vertical spillover within EB, and have applied the horizontal spillover only towarads the end of the year. Although we know based on history this spillover is likely to be big, they have been extremely cautious just in case there is an unexpected surge in applications from ROW. So the cautious approach has its valid reasons and is in keeping with how its been done before, and the spirit of the law which allows horizontal spillover only after its certain it will not be used by ROW.

The good thing is if the applications have been adjudicated, the approval process is actually very quick once the dates are current. So the biggest factor now is just how quickly the cases are pre-adjudicated. If its like previous years, there should be an increase in pace of movement in the later half or last quarter.

[idliman]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?
Boss, it is not a Rocket Science and does not require an experienced attorney. If I were you, I will collect the approved PERM and match the SOC exactly and Title as much as possible. That is 50% or more of the "same or similar" justification. Then look at the job description in your PERM and make sure that you capture two or three points from that. That's it.

I work in a core engineering field. So a "Mechanical Engineer" cannot do an AC21 to a "Electrical Engineer" or "Civil Engineer". However there are Structural engineers in both Civil, Mechanical or Electrical Packaging side. Just match SOC and Job title as much as possible. Imagine you as an adjudicating officer who has no idea of what your IT position is. The AO is going to look for some common language to be comfortable to approve your I485J application. If you pay big bucks and hire an experienced attorney, they can probably justify that all are "Engineers" and eligible for AC21. It all depends on your situation.

That's why I have repeated a few times that everyone needs to have a copy of their PERM for later use in AC21. That helps a lot in AC21. You probably can write an excellent justification yourself and pass it on to your attorney as a start.

Also everyone needs to have the confidence to do an immigration form. Imagine a paralegal who is assisting an attorney. While most are excellent, there are some in the beginning stage and can do a lot of mistakes. It is our applications / forms and we need to make sure that we go through everything. I have asked for corrections in forms prepared even by an experienced attorney. You are paying for their services so your should make sure that the end product is worth it.

[phkb2020]

So how is spillover supposed to work? I know inventory data is non existent since last 2-3 years, but can the number crunching gurus in the forum have an idea (using Trackitt/PERM/USCIS annual data) to make sense of the pre May 2011 demand for EB2I & EB3I?

Going back to spillover question - Are horizontal spillovers applied quarterly or in Q4? EB1I has moved multiple years in matter of months - if USCIS/DHS is not applying horizontal spillover - then does it mean that there is virtually no EB1I demand and all demand is being satisfied by 7% country quota EB1I numbers (~5200). If this is true then EB2I should see bumper movement in Q4 - which also means massive wastage as the admin wont be able to process all applications in time.

I think we are seeing horizonal spillover is being applied, which then begs the question why EB2I is not getting the benefit of similar spillovers? Surely there isn't such a huge demand to EB2I dates that only allowed the movement of a couple of months after application of Q1 horizontal spillover !

[bookworm]

We need to make a distinction between spillover from FB-> EB, and horizontal and vertial spillover within EB.

FB->EB is applied immediately at the start of the year. This spillover is spread to all countries, so the impact on any individual country is not much. However, they have been cautious applying horizontal and vertical spillover within EB, and have applied the horizontal spillover only towarads the end of the year. Although we know based on history this spillover is likely to be big, they have been extremely cautious just in case there is an unexpected surge in applications from ROW. So the cautious approach has its valid reasons and is in keeping with how its been done before, and the spirit of the law which allows horizontal spillover only after its certain it will not be used by ROW.

The good thing is if the applications have been adjudicated, the approval process is actually very quick once the dates are current. So the biggest factor now is just how quickly the cases are pre-adjudicated. If its like previous years, there should be an increase in pace of movement in the later half or last quarter.

Thank you Rab for the reminder of the process. I agree that there is a reason to be cautious at USCIS. However this approach ignores historical data or any kind of forecasting.

At present folks who became current in Oct & Nov are still waiting for RFEs. Folks who have responded to RFEs in Nov & Dec time frame are waiting for a decision. It indicates that USCIS takes on an average 4 months to process after dated become current. This is based on normal demand patterns.

OTOH there are no environmental factors that seem to suggest a surge in EB ROW filings.

Assuming processing capacity is a constant it really seems impossible that USCIS will rise upto the challenge of processing a record number of GCs in Q3 & Q4 of FY 21.

On a lighter note - the race is between getting the Vaccine and GC (in some cases EAD renewal receipts).

[vedu]

So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

Don't use derogatory words such as "illegal". Please call them "undocumented". How will you feel if people call you "alien"?

[texas_]

Is your new employer a large org or a smaller org? Having a experienced attorney helps but they are expensive. The biggest hurdle in my experience is HR. If you can navigate that then you are as good as gold. Usually your hiring manager has a big role to play in detailing your duties. So make this a part of your hiring process and you will have an easier time later on. Once you are in you have limited leverage.

The new employer is government agency.

[vsivarama]

Going back to spillover question - Are horizontal spillovers applied quarterly or in Q4? EB1I has moved multiple years in matter of months - if USCIS/DHS is not applying horizontal spillover - then does it mean that there is virtually no EB1I demand and all demand is being satisfied by 7% country quota EB1I numbers (~5200). If this is true then EB2I should see bumper movement in Q4 - which also means massive wastage as the admin wont be able to process all applications in time.

I think we are seeing horizonal spillover is being applied, which then begs the question why EB2I is not getting the benefit of similar spillovers? Surely there isn't such a huge demand to EB2I dates that only allowed the movement of a couple of months after application of Q1 horizontal spillover !

There was this section below in the presidential proclamation that suspended entry to H1's and other visa types with cited EB2 and EB3 specifically. Maybe this is just reading too much into making sense of the VB movement disparity between EB1 vs EB2 and EB3.

"In section 5(b) entitled ?Additional Measures,? the executive order states that the Secretaries of Labor and Homeland Security will consider passing regulations or taking other action ?to ensure that the presence in the United States of aliens who have been admitted?or who are seeking admission or a benefit, pursuant to an EB-2 or EB-3 immigrant visa or an H-1B nonimmigrant visa does not disadvantage United States workers in violation of section 212(a)(5)(A) or (n)(1) of the INA (8 U.S.C. 1182(a)(5)(A) or (n)(1)).?

[Moveon]

Don't use derogatory words such as "illegal". Please call them "undocumented". How will you feel if people call you "alien"?

Honestly I don't care if they call me Alien . Calling us by some fancy name does not change anything unless reform is passed. Its all been lip service for the last two decades.
Anyway , we need to have one focus and that is to get the USCIS to honor Spillover ever fiscal. Lets not digress.
Please reach out to your members of congress asking them to inquire the USCIS on what their plan is to fully allocate the EB Visas.

[vedu]

Honestly I don't care if they call me Alien . Calling us by some fancy name does not change anything unless reform is passed. Its all been lip service for the last two decades.
Anyway , we need to have one focus and that is to get the USCIS to honor Spillover ever fiscal. Lets not digress.
Please reach out to your members of congress asking them to inquire the USCIS on what their plan is to fully allocate the EB Visas.

You got the point. I will certainly do my best to reach out to members of congress about this issue. I was very optimistic at the beginning of the year. But 5 bulletins after and 7 bulletins remaining in the year, I am not so sure any more. I have a sinking feeling like many others on this forum that visas will be wasted in massive numbers due to USCIS waiting until the last quarter and then not having enough capacity to process visas. You still have some hope since your priority date is in December, but people with PDs in 2010 should not take anything for granted at this time.

[bones20]

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

[Positive]

It is amazing that the advocacy group that is so vocal about country cap removal has crawled under a rock now that an opportunity of least resistance has materialized to benefit thousands of people in the backlog. It does not require legislation or executive action but simply lobbying the executive branch to timely process the legally available visas. But hey, that kind of advocacy does not present the opportunity to raise thousands of dollars, lord over a hapless tired backlogged community, and swat down with full force anyone else daring to organize on behalf of the community using a virulent army of trolls that would shame the QAnon and Proud boys. It's as if they would rather have these thousands of visas get wasted so they can continue to make the case for S386 to an ever growing number of backlogged people and collect dollars from the rubes. Considering that utilization of these visas would reduce backlogs and potentially decrease the resistance from ROW, because they will not be looking at as large a backlog as before, one would think that said advocacy group would vigorously pursue the powers that be to ensure that at least the current windfall of visas is fully utilized. If ever one needed proof that the advocacy group exists just for the money and power trip of a few vested interests, it is plainly visible now to all willing to view things objectively.

I am highly skeptical that USCIS will be able to use up more than twice the usual EB visas given the pace of movement of the visa bulletin and the pace of processing. The fact that Charlie Oppenheim, who is well versed with our plight, did not bother to move dates more aggressively and has no plans to do so, even though there has been a change of regime and Stephen Miller is no longer breathing down his neck, does not inspire much confidence. If we do not get our act together and lobby hard with the Biden administration to ensure they make USCIS use up the currently available visas, I do not see what would be the point of advocating for visa recapture or anything else. Time is running out. It will be logistically impossible to process the remaining visas in the last 3-4 months even if the USCIS somehow miraculously found the will to do so.

[Moveon]

You got the point. I will certainly do my best to reach out to members of congress about this issue. I was very optimistic at the beginning of the year. But 5 bulletins after and 7 bulletins remaining in the year, I am not so sure any more. I have a sinking feeling like many others on this forum that visas will be wasted in massive numbers due to USCIS waiting until the last quarter and then not having enough capacity to process visas. You still have some hope since your priority date is in December, but people with PDs in 2010 should not take anything for granted at this time.

Yes Vedu, I agree that I am ~2 months away on my PD, but if they issue the 120K GCs, 2010 should get cleared easily. I sincerely hope that it does . Reaching out to your representatives and senators is very easy . There is a form where you put your name and address and in a text box your grievance . Copy paste the same for the two senators and your congress person. Takes less than 10 mins in total . I just did it today .

Senators : https://www.senate.gov/general/contact_information/senators_cfm.cfm
representative : https://www.house.gov/representatives/find-your-representative

[qesehmk]

Just a few observations:
1) The FB to EB spillover is mandated by Law. So Trump administration did not do EB any favors.
2) USCIS processes over 1M GCs per year. So processing bandwidth is not the issue.
3) Biden Harris have all the good intent. But the 485 interview requirement is going to be a huge impediment to USCIS utilizing all numbers. It's almost as if that requirement is designed to stop EB-I from getting more numbers.
4) #3 leads to the uncertainty that still exists in utilizing the numbers.
5) Consequently it is important that EB backlogged folks do something - even on their own - to let USCIS and Biden admin know that the numbers must be used to alleviate some of the chronic backlogs.

[vedu]

Yes Vedu, I agree that I am ~2 months away on my PD, but if they issue the 120K GCs, 2010 should get cleared easily. I sincerely hope that it does . Reaching out to your representatives and senators is very easy . There is a form where you put your name and address and in a text box your grievance . Copy paste the same for the two senators and your congress person. Takes less than 10 mins in total . I just did it today .

Senators : https://www.senate.gov/general/contact_information/senators_cfm.cfm
representative : https://www.house.gov/representatives/find-your-representative

I submitted the forms today, thank you. Everybody should do it. Is there a way we can directly reach out to Biden admin or may be Charlie Oppenheim, since he is directly responsible for setting the dates?

[bookworm]

The new employer is government agency.

Just use a lawyer. Think of it as an insurance policy if there are questions over 485J.

[vsivarama]

CO has already mentioned very limited forward movement for EB2/3I for the next next few months. So, that's that.

On a fun note actually CO saying that maybe for the best. In the recent years, I am yet to encounter an instance when CO was right. It usually turns out to be opposite of what CO projects. Just very recently in Oct VB it was projected that we would see rapid forward movement. ;) . But one thing is true, the new admin can take off the interview requirement by the stroke of a pen. Let's see if it materializes by next month. I guess it's more than enough time to gauge the actual will of the admin.

[alpha0]

Because republicans don't want dreamers bill or EB bill (remember how republicans required UC for a bill that democrats supported)!

So instead of blaming democrats - our Hindu nationalist fascists should try to cajole their American counter parts in GOP.

https://www.as-coa.org/articles/chart-how-us-latinos-voted-2020-presidential-election

Did you notice that Trump got 32% latino votes in 2020 compared to 29% he got in 2016? That is despite all the actions he took on immigration.

Florida - cuban origin people favored DJT over Biden, but even among non cuban latinos, votes split between DJT and Biden.

Nevada- More latino men voted for DJT than Biden.

Texas - 43% of latino men and 38% of latino women voted for DJT.

After 2012 elections, republicans felt that they will need latino votes to win next election, there is no such pressure now. And DJT has brought so much hardliners to front that any 2024 republican hopeful will need support of those DJT hardliners more than latinos, so they will have to oppose any major immigration overhaul otherwise they will not get thru republican primary in 2024.

[AceMan]

IMO- Hindu nationalism has nothing to do with American immigration. You own this forum and you can write what you want but it doesn't really fit well with general sanity we have been having on this forum (in my opinion). The way you bash Hindu nationalism , I think any ideology can be bashed but it wouldn't help the cause. You (or anyone else) like it or not, BJP is in power with huge majority and they are in power in multiple states in India. If you want to oppose them you need to do it on ground. India still is a democratic country. Bashing them here won't help anyone.
Again, it's your forum and people who don't like what you write have option of visiting forum less frequently or not visit at all, I get that. But as a long timer here wanted to put forth my opinion none the less.

I have a clear Republican view and I have no problem in expressing my views or opinions here.

The objective of forum is to share views in a respectful manner. If you think he is bashing Hindu nationalism, counter it with points on why you think it is the right way to go.

[vsivarama]

We need to have a more objective view than that of a democratic or republican views. Yes, everyone have our biases and our own echo chamber but outside of it the situation is not that dire as it is portrayed in the media. e.g. A lot of republicans ignore the hardline immigration rhetoric as nothing but hot air. Just because they support DT despite hardline immigration rhetoric, does not mean they are racists, fascists or xenophobes. Similarly, a lot of people fear Bernie's rhetoric as socialist and as the beginning of the end of America. But a lot of democrats who voted for Bernie know it's hot air. They do NOT want a socialist country. It's easy for our politicians to start a culture war by fear mongering about AOC/Ilhan Omar or Jim Jordan/Taylor Greene than actually bettering the lives of people. They are all lazy folks who want to get by, by doing nothing.

[bones20]

Sorry for interrupting the political conversation. If someone could please help me find (or point to the right thread) answer to the below questions:

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current for final action just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

[bikenlalan]

Are the monthly checkins with CO by Aila still happening? I have not seen any updates in the last few months, those can give at-least some insight on what is going on in terms of SO utilization.

[vsivarama]

Hi Gurus,
Have some GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice). I am waiting for 180 days to lapse so I could change employer (badly need to). Assuming I have a new job to start on 05/01/2021, below are my questions:
1. What if I become current for final action just after h1b transfer is done and I provide a notice on 04/15/2021. Is there a risk, GC interview falls right at the time when I am in the process of leaving the sponsoring employer? Changes of this specific example are negligible, but the questions is generic.
2. Will the new employer be able to file a downgrade to eb3 if that becomes current after I join? It seems the new employer will have to file a new labor to do be able to file the downgrade?
3. Any guesses as to when 04/29/2010 eb2 is expected to become current? It seems 04/29/2010 eb3, might become current in June bulletin.
4. How soon after I receive the GC, can I quit my employer?

thank you!

Here are the responses below.

1. Technically if you leave the employer after 180 days of filing i485 you should be fine. Its always better to maintain the right optics. It's always advisable to initiate any moves after the 180 days. What if your employer is willing to let you go from a couple of days when you server your notice? As long as you file the 485 Supp J and have proof to show that you followed the proper process, it should not matter in the GC interview.
2. No. He will have to restart your application for downgrade.
3. God knows. No one has any accurate information on pending inventory numbers or USCIS bandwidth to process GCs. Hopefully by end of FY2021.
4. There is no hard and fast rule. Even the lawyers differ on this some saying 180 days while the others say you can move out the very next day as long as you have spent enough time with the employer to prove to USCIS that it was not a fraudulent job offer solely extended for the purpose of GC.

[bones20]

Here are the responses below.

1. Technically if you leave the employer after 180 days of filing i485 you should be fine. Its always better to maintain the right optics. It's always advisable to initiate any moves after the 180 days. What if your employer is willing to let you go from a couple of days when you server your notice? As long as you file the 485 Supp J and have proof to show that you followed the proper process, it should not matter in the GC interview.
2. No. He will have to restart your application for downgrade.
3. God knows. No one has any accurate information on pending inventory numbers or USCIS bandwidth to process GCs. Hopefully by end of FY2021.
4. There is no hard and fast rule. Even the lawyers differ on this some saying 180 days while the others say you can move out the very next day as long as you have spent enough time with the employer to prove to USCIS that it was not a fraudulent job offer solely extended for the purpose of GC.

thank you!

Re:#1
Lets say If I fufill the safe harbor period of 180 days, give a notice right after that. Is there a possibility that I may be scheduled for GC interview in the notice period before I join the new employer (so no chance of filing 485j)?

[Moveon]

Hi All ,
Looks like we are have an ideology clash here between folks . Its fine to have different opinions but currently we all need to have one focus and this is to get the USCIS to issue the 120K extra GCs. This will sent the tone for the next year too when there will probably be an equal number of GCs spillover to EB.
I believe GCs with PDs upto April 30th 2010 can be issued w/o the interview as most were applied before 2017 .

As Vedu mentioned we need to have both political and Biz pressure . I will repeat this Please mail your members of congress , it won't take more then 10 mins .

If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .

If it helps you guys , I just framed a response that you could copy paste . So should not take you more than 2-3 mins to send this out . Please do send it ASAP .


Senators : https://www.senate.gov/general/conta...nators_cfm.cfm
Representative : https://www.house.gov/representative...representative
There is a web form where you put your name and address and in a text box your grievance (Pick "Immigration" from the category drop box) . Copy paste the same for the two senators and your congress person.

Dear <Name of your Representative /Senator>
I would like to draw your attention to the plight of backlogged Indian and Chinese immigrants in the Employment Based Categories 2 and 3 (EB2/EB3) . Hundreds of thousands of us along with our families have a predicted wait of 10s of years due to the broken immigration laws that put legal immigrants coming from India and China at a severe disadvantage. Many of them will sadly age out by the time they get their Green Cards.
This Immigration Fiscal (Oct-2020 to Sept-2021) there is a Spillover of 120K Green Cards into the Employment Category that must be utilized by September 2021, effectively making this a "use it or lose it " case. Sadly the USCIS has been not advancing the dates for Employment Based Categories especially for EB2 India that comprises of Individuals that have highly specialized skills who have been contributing to the success of the country in multiple fields. I kindly request that you use what ever is in your power to enquire the reason for USCIS to delay the forward movement of Green Cards for India EB-2 and EB-3 as with the current rate it seems highly unlikely that they will be able to issue the 120K extra green cards in the employment based categories by September. We are not requesting any extra Green Cards or for a special legislation. We are only requesting the USCIS to commit on not wasting a single employment based visa this fiscal and the coming . I hope that you would be able to contact the USCIS and get their commitment to not waste any employment based Green Cards and to advance the "Final Action" dates for India and China EB2/3 from the March 2021 bulletin .

Sincerely ,
<Your Name + dependents>

[vsivarama]

thank you!

Re:#1
Lets say If I fufill the safe harbor period of 180 days, give a notice right after that. Is there a possibility that I may be scheduled for GC interview in the notice period before I join the new employer (so no chance of filing 485j)?

You are talking of odd ball scenarios. There is always the rarest of chances of the above situation happening. From what I have read and seen from my friends, usually you get a GC interview notice anywhere between 2-4 weeks in advance. If ever in such a situation, it's best to consult a lawyer.

[bones20]

You are talking of odd ball scenarios. There is always the rarest of chances of the above situation happening. From what I have read and seen from my friends, usually you get a GC interview notice anywhere between 2-4 weeks in advance. If ever in such a situation, it's best to consult a lawyer.

thanks. I guess this one we cross when we get there.

[qesehmk]

Thread is open.

Happy Republic Day to all.

1769

[Turbulent_Dragonfly]

If the consulates remain closed until at least March as planned and possibly longer, shouldn't more FB flow over to EB again in FY2022? One would think that would be a minimum of 60k or so considering we had 120k spillover.

Also the new UK, South African and Brazilian variants are cropping up now in places. The SA and Brazilian variants are especially dangerous so hoping for everyone's good health in the coming months. Don't take it lightly, we have had tremendous number of transmissions in the Indian community who got tired of the restrictions and relaxed their guard.

I am just going to assume in the near term there is not going to be any legislative solution for the backlogs with the narrow majority and split committees, so the spillover is going to be the only factor moving forward for this FY2021 and FY2022.

[19YRSNOGC]

If the consulates remain closed until at least March as planned and possibly longer, shouldn't more FB flow over to EB again in FY2022? One would think that would be a minimum of 60k or so considering we had 120k spillover.

Also the new UK, South African and Brazilian variants are cropping up now in places. The SA and Brazilian variants are especially dangerous so hoping for everyone's good health in the coming months. Don't take it lightly, we have had tremendous number of transmissions in the Indian community who got tired of the restrictions and relaxed their guard.

I am just going to assume in the near term there is not going to be any legislative solution for the backlogs with the narrow majority and split committees, so the spillover is going to be the only factor moving forward for this FY2021 and FY2022.
What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

[Turbulent_Dragonfly]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

Wow, that is one long read! I guess the gist is it all depends on how efficiently they can process GCs in the last quarter? Considering I don't have an EAD/AP after applying in the first week of Oct, I am not very optimistic at this point.

[Moveon]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

Thanks "19YRSNOGC" . This is a great article posted by gcseeker1999 (1461) on trackitt.com (Link to his/her analysis (https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so) ) . I am copying the summary below . What is scary here is that if they do the SO only from July to Sept they will be only issuing a fraction of the SO. The interview requirement will make sure that a majority of the Visas are wasted . All Please reach out to your members of congress to help expedite the process, I have a template pasted in my last post (01-23-2021, 06:24 PM). Without the USCIS moving FAD from next bulletin looks like we might not go beyond early-mid 2010 this fiscal . The trakitt thread (https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so) by "gcseeker1999 (1461)" has played out 4 scenarios that are worth reading . Its about 7-8 mins read .

Summary:
"By law allocation of Family Based(FB) SpillOver(SO) GC gets added to entire Employment Based(EB) and proportionately divided across each category with 28.6 Percentage of total to EB1/2/3 and 7.1 for EB4/5. Further then the spilt of ROW/I/C/P/M/V depending on each Category. Most of allocations will be towards Rest of World(ROW) in each category and Oversubscribed country get limited to 7 PCT. Later on if there is unused/leftover in ROW , will be then distributed in last Quarter[July to September 2021] to oversubscribed countries. Hope it make sense. Say EB2, at the end of Quarter what ever EB2-ROW unused GC will go to both India and China and India will gets lions share as being the most retrogressed country. The signs of SpillOver(SO) to Oversubscribed countries if any, will be seen from May/June 2021 onwards."

[AceMan]

What does one think of this analysis from trackitt .At least some one spent time
https://www.trackitt.com/usa-discussion-forums/i140/2158776537/nuts-and-bolts-part-2-2-fy2021-what-an-year-eb2-3-i-date-move-by-eoy-2021-with-121k-so

He is registered here, he recommended me Q blog few years back.

[bookworm]

He is registered here, he recommended me Q blog few years back.

Good article. But one thing that needs to be added to the analysis is the USCIS step of getting a Visa Number allocated before issuing the GC. Extract from "THE OPERATION OF THE IMMIGRANT NUMERICAL CONTROL SYSTEM"

"At the beginning of each month, the Visa Office (VO) receives a report for each consular post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability, preference, and priority date. No names are reported. U.S. Citizenship and Immigration Services (USCIS) demand for adjustment of status cases awaiting forward movement of the applicable cut-off date are reported to VO as the cases are preadjudicated. During the first week of each month, this documentarily qualified demand is tabulated."

"USCIS requests visa authorization for adjustment of status cases only when all required case processing has been completed."

The last step adds wait time to the process beyond USCIS control. There are many posts on Trackitt of folks who are current but have received a SR response stating that USCIS is waiting for Visa Availability.

[kumareb2]

Boss, it is not a Rocket Science and does not require an experienced attorney. If I were you, I will collect the approved PERM and match the SOC exactly and Title as much as possible. That is 50% or more of the "same or similar" justification. Then look at the job description in your PERM and make sure that you capture two or three points from that. That's it.

I work in a core engineering field. So a "Mechanical Engineer" cannot do an AC21 to a "Electrical Engineer" or "Civil Engineer". However there are Structural engineers in both Civil, Mechanical or Electrical Packaging side. Just match SOC and Job title as much as possible. Imagine you as an adjudicating officer who has no idea of what your IT position is. The AO is going to look for some common language to be comfortable to approve your I485J application. If you pay big bucks and hire an experienced attorney, they can probably justify that all are "Engineers" and eligible for AC21. It all depends on your situation.

That's why I have repeated a few times that everyone needs to have a copy of their PERM for later use in AC21. That helps a lot in AC21. You probably can write an excellent justification yourself and pass it on to your attorney as a start.

Also everyone needs to have the confidence to do an immigration form. Imagine a paralegal who is assisting an attorney. While most are excellent, there are some in the beginning stage and can do a lot of mistakes. It is our applications / forms and we need to make sure that we go through everything. I have asked for corrections in forms prepared even by an experienced attorney. You are paying for their services so your should make sure that the end product is worth it.

couldn't agree more. Having a copy of PERM,140 & 485 would greatly help you in replying to SUPJ, etc., In my case, my company changed our immigration attorney, and it seems like while changing the law firm they didn't transfer the old files to the new law office. I got the RFE last month for medicals & SUPj, and the new law office asked me whether I had a copy of PERM & 485 so that they can start preparing the response otherwise I have to wait till they get my file from the old law office. It has been over a month and a half and we are still waiting for the information :-(

[usvisas]

Spec / Gurus - isn't this recent report from usci s almost like the pending inventory:

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2020_vF.pdf

[Turbulent_Dragonfly]

Spec / Gurus - isn't this recent report from usci s almost like the pending inventory:

https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2020_vF.pdf

These are only Consular Processing statistics.

"EMPLOYMENT-BASED PREFERENCES
It is important to note that normally about eighty-five percent of all Employment preference
immigrants are processed as adjustment of status cases at USCIS offices. Cases pending with
USCIS are not counted in the consular waiting list tally which is presented below."

Good to see this reiterated again:
"Immigrant Waiting List
By Country
Immigrant visa issuances during fiscal year 2021 will be limited by the terms of INA 201 to no
more than 226,000 in the family-sponsored preferences and approximately 262,000 in the
employment-based preferences. "

[Palver]

https://www.uscis.gov/sites/default/files/document/reports/EB_I140_I360_I526_performancedata_fy2020_Q3_Q4.pdf

[qesehmk]

https://www.uscis.gov/sites/default/files/document/reports/EB_I140_I360_I526_performancedata_fy2020_Q3_Q4.pdf

Spec perhaps you can help us. You always made me believe USCIS are the bad guys of immigration. What explains this when there are 140K extra visas available this year. Why do we only see allocation as if only regular quota is available?

[usvisas]

Why do we only see allocation as if only regular quota is available?


there's no allocation in those numbers. they are just approved 140's, 360's and 526's by pref category by country of birth.

(note that dependents are not included)

[H1b2006]

Guys Scenario 2 in Qtr 4- July to Sept
25235, Visa numbers will be available for EB2 -Nov/Dec 2010 FAD move
25235, Visa numbers will be available for EB3- Whole of 2011 will be cleared

How many of EB2 guys moved into EB3 queue with downporting
is the question how much eb3 FAD will move with all the downportings.

any rough idea guys

[AceMan]

Guys Scenario 2 in Qtr 4- July to Sept
25235, Visa numbers will be available for EB2 -Nov/Dec 2010 FAD move
25235, Visa numbers will be available for EB3- Whole of 2011 will be cleared

How many of EB2 guys moved into EB3 queue with downporting
is the question how much eb3 FAD will move with all the downportings.

any rough idea guys

You can discount the people who already have an EAD from 2012 with May 2010 from down porting. The chances of them still in H1B or with the same employer to initiate a EB2-3 downgrade is very rare.

However the people who applied for EAD after October 2018 might be still on H1 or with the original employer can be substantial and they can and will down grade. That is the reason EB3 has reached only April 1st 2010 for Feb bulletin. People after April 2010 got a chance to file for EAD only in October 2020 and many of them are still waiting for their receipts even today.

Any movement for this category is expected to happen only in the last quarter of 2021.

May 2010 - May 2011 filers in EB2 are the people who is on fence. If the spill over from EB1 happens, it will push the dates beyond Eb3 for a while.

[qesehmk]

there's no allocation in those numbers. they are just approved 140's, 360's and 526's by pref category by country of birth.

(note that dependents are not included)
I know that. My question was why do we see such levels of approved waiting for Visa when 140K extra visas are available.

[H1b2006]

Thanks Aceman, your PD and mine is almost days apart. iam 13 days ahead than you.

PD: EB2-I, 11 FEB 2011 i coudnt apply for 485 as i changed employer,

new employer applied for PWD, expecting PWD to be issued in Feb, onto Perm in EB3 by new employer in April, By Oct 2021 i should be ready to apply for I140 IF conditions favour if FAD is current by Nov/dec time periods for EB3, i can apply it and wait for GC.

FB to EB starts kicking in from Oct 2021.there should be some 75k-100k Spillover in 2022FY aswell.

[cool_dude]

I am debating whether to apply for i140 premium processing.
Filed a concurrent 485 with eb3 downgrade.
My Priority date is may 25 2011

[AceMan]

Thanks Aceman, your PD and mine is almost days apart. iam 13 days ahead than you.

PD: EB2-I, 11 FEB 2011 i coudnt apply for 485 as i changed employer,

new employer applied for PWD, expecting PWD to be issued in Feb, onto Perm in EB3 by new employer in April, By Oct 2021 i should be ready to apply for I140 IF conditions favour if FAD is current by Nov/dec time periods for EB3, i can apply it and wait for GC.

FB to EB starts kicking in from Oct 2021.there should be some 75k-100k Spillover in 2022FY aswell.

Good luck dear. Let?s hope this is our year. This would be the most favorable time because every other category except for China is current and with the consulates not processing visa, people are not expected to come in quickly.

I agree we might get similar numbers for 2022 as well, but with covid vaccination and open consulates the demand can go up. Also factor in lot of H1?s from 2020 and entire 2021 H1?s along with 2022 H1?s are going to be available by October 2021. This years H1 lottery might be an interesting watch in my opinion.

[texas_]

You can discount the people who already have an EAD from 2012 with May 2010 from down porting. The chances of them still in H1B or with the same employer to initiate a EB2-3 downgrade is very rare.

However the people who applied for EAD after October 2018 might be still on H1 or with the original employer can be substantial and they can and will down grade. That is the reason EB3 has reached only April 1st 2010 for Feb bulletin. People after April 2010 got a chance to file for EAD only in October 2020 and many of them are still waiting for their receipts even today.

Any movement for this category is expected to happen only in the last quarter of 2021.

May 2010 - May 2011 filers in EB2 are the people who is on fence. If the spill over from EB1 happens, it will push the dates beyond Eb3 for a while.

If spillover applies (god knows) then USCIS/DHS would try to bring eb2/eb3 closer to each other
Guessing eb3 dec2010 and eb2 oct 2010 for India

[H1b2006]

I just looked up Approved I140 numbers for EB2/EB3 India for 2010/2011/2012

In 2010
EB2 Approved I140 Petitions-15,308(On a ballpark number lets say 6000 EB2 approved numbers from Jan 2010-May 2010 who will not port from EB2 to EB3). There is chance of 9300 EB2 applicants ported to EB3.
EB3 Approved I140 Petitions-6,677 (

In 2011
EB2 Approved I140 Petitions-22,286
EB3 Approved I140 Petitions-6930

In 2012
EB2 Approved I140 Petitions-22,308
EB3 Approved I140 Petitions-4108

[H1b2006]

I would expect untill May 2011 EB2 downporting will be less, since they are able to Apply 485 AOS in Oct-Dec 2020 periods in EB2 itself.
it costed 10000$ per family to downport from EB2 to EB3 i thiink only 25% of folks might have spent 10K USD and applied in EB3 in those 3 months.

[Palver]

Yeah, I'd agree. Most of the downgrades will be after May 2011. But for one data point, my PD is Sep-2012 and I couldn't/didn't downgrade. If I were to guess I'd say maybe 50% downgraded after May-2011 with the proportion increasing with the year of PD

[usvisas]

If I were to guess I'd say maybe 50% downgraded after May-2011 with the proportion increasing with the year of PD

I think so too

[H1b2006]

Here are the Approved I-140 numbers for EB2/EB3 India for 2010/2011/2012/2013/2014/2015/2016

In 2010
EB2 Approved I140 Petitions-15,308(On a ballpark number lets say 6000 EB2 approved numbers from Jan 2010-May 2010 who will not port from EB2 to EB3). There is chance of 9300 EB2 applicants ported to EB3.
EB3 Approved I140 Petitions-6,677 (

In 2011
EB2 Approved I140 Petitions-22,286
EB3 Approved I140 Petitions-6930

In 2012
EB2 Approved I140 Petitions-22,308
EB3 Approved I140 Petitions-4108

In 2013
EB2 Approved I140 Petitions-21,444
EB3 Approved I140 Petitions-3,457

In 2014
EB2 Approved I140 Petitions-25,635
EB3 Approved I140 Petitions-3,879

In 2015
EB2 Approved I140 Petitions-32,699
EB3 Approved I140 Petitions-6,453

2016
EB2 Approved I140 Petitions-49,035
EB3 Approved I140 Petitions-10,177

[usvisas]

These are only Consular Processing statistics. "

Terrible oversight on my part (as I expected). A 127% increase in EB3 CP - wow. That doesn't bode well for EB3 when consulates open, I would think.

EB3I - 36,524!!

[texas_]

Terrible oversight on my part (as I expected). A 127% increase in EB3 CP - wow. That doesn't bode well for EB3 when consulates open, I would think.

EB3I - 36,524!!

Agree but as of today US consulates are working very slowly plus the travel ban thru March 2021. That might impact new PERM filings. So my assumption there would be good spill over as well to EB next FY. However from FY 2023 there will be significant set back to all employment categories as consulates starting to function normal business and would take significant chunk of yearly allotted EB visas and backlog would linger for a lifetime

I may be wrong on my assumptions

[longwaitgigu]

Wow
If we assume in 2010- eb2 to b3 downgrade r 9300 then adding to 6677 pending eb3. That should be around 15977 primary applicant and around 31000
Including dependent. That also means If consulate open all over world with full fledge( which might not happen till June or July)then very limited lateral spillover will happen.

[H1b2006]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

[AceMan]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

I think looking Q1 2022 beyond a potential spill of 100K+ from FB is too early now. Any kind of valid predictions can be done only after July 2021 bulletin.

Regarding filing date accepted for FY 2022. For it to happen if Eb2 final dates has to go past 2010 and Eb3 has to pass 2014. Big ask.

[Turbulent_Dragonfly]

With 100K spillover from FB to EB in Q1 2022 FY finial action dates will move 6 months for EB3 and 3 months for EB2 but the Question is whether filing dates open again in Q1 2022 FY.

guys like me who changed employers will we be able to file again in Q1 2022

my only hope is how much Q4 2021 spillover moves dates for EB3 and then Q1 Final action dates moves for Q1 2022 peiod.

If they follow the law as written, they will use all the spillover. I know I am skeptical too because of the massive amount of numbers available to use, but let's give the new admin a chance before we start throwing bricks at them. We can either be hopeful and optimistic or miserable moving forward. I admit I also get into these dark phases periodically where I think it's all going to get wasted and honestly I am not thinking this just from my perspective; I am in a lot better shape with May 2010 PD than other in 2012, 2013 etc who are looking at extraordinarily long wait times compared to those of us in 2010 so that's whom I have concern for. So hope for the best and prepare for the worst.

[usvisas]

If they follow the law as written, they will use all the spillover..

I agree. the last bulletin forecasted movement until May. I'd be patient until then. By then, I am expecting the new admin to get settled in with clear directions provided to dhs, uscis, etc..too

[Zenzone]

I think looking Q1 2022 beyond a potential spill of 100K+ from FB is too early now. Any kind of valid predictions can be done only after July 2021 bulletin.

Regarding filing date accepted for FY 2022. For it to happen if Eb2 final dates has to go past 2010 and Eb3 has to pass 2014. Big ask.

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

[Zenzone]

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

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

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

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

[Palver]

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

I have the same view about EB-2 but for EB-3 I think it is not possible that it advances so far out compared to EB-2. If it does, aren't they going to get 1000s of concurrent filings from EB-2 folks who haven't already downgraded? Maybe it will happen for 1 month and retrogress severely?

[idliman]

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

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

RD - 10/22 - EB2
Biometrics - 1/8
I-765/I-131 case approval - 1/14
EAD/AP Card received - 1/22
National Benefits Center
Congrats on your EAD/AP approval. Welcome to the Trishanku status. Make sure that you browse through our EAD/AP thread to setup reminders for timely renewal in 6 months time (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155).

[ak7419]

Jus a quick update folks...we received our EAD/AP card combo (1-yr. validity) by mail on 1/22.

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

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

One thing I am unabe to understand is why are we seeing combo card approvals with one year validity instead of two year? Is not that being non-productive since most of these candidates may not receive their green cards by the time their combo card expires?

[idliman]

One thing I am unabe to understand is why are we seeing combo card approvals with one year validity instead of two year? Is not that being non-productive since most of these candidates may not receive their green cards by the time their combo card expires?
This is USCIS standard practice. Even 2012 EAD filers also got only 1 year EAD/AP, the first time.

Consider it like this. The reason why you are doing "DF" based AOS application is the expectation/prediction from USCIS that your PD will become "FA" current in one year time. So using that logic they approve only 1 year EAD/AP for the first time. For renewals, you can request a 2 year validity if your "FA" is not current.

[ak7419]

This is USCIS standard practice. Even 2012 EAD filers also got only 1 year EAD/AP, the first time.

That is not entirely correct. I am a 2012 filer and all my combo cards were for two years except the most recent one which was approved last month.

[idliman]

That is not entirely correct. I am a 2012 filer and all my combo cards were for two years except the most recent one which was approved last month.
My comment was for the very first EAD/AP that is sent together with I485 package. Was your very first EAD issued for 1 year or 2 years? If it was for 2 years consider yourself very lucky.

[AceMan]

I think EB2 clearing 2010 is not that big of an ask after all. I don't know about 2014 for EB3 that can happen if it pours cats and dogs.

For a category which has been moving few days every month for more than 2 years, it is a big ask to pass 2009, let alone 2010. 4 days is what it moved for February 2021. If you count from October 2020 for 5 months it moved 48 days.

It is a huge ask.

[H1b2006]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

[AceMan]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

Let the eggs hatch my dear. We can talk about chicken Biriyani?s later. Lot of people from 2010 got RFE in 2018 and we had planned a buffet with lot of chicken dishes. Little did we know USCIS chickened us out.

So when the dates actually move, then we can start cooking.

[inspired_p]

Let the eggs hatch my dear. We can talk about chicken Biriyani?s later. Lot of people from 2010 got RFE in 2018 and we had planned a buffet with lot of chicken dishes. Little did we know USCIS chickened us out.

So when the dates actually move, then we can start cooking.

Ha ha ! Can;t stop ROFL ! We are too gullible lot .. these small indicators/ hopes keeps us sane... don't take this away from us ! Lets enjoy till the next visa bulletine crushes our soul again.

[Chilli19]

Has anyone got the rescheduled biometrics notice for the office closed dates of Jan 19th and 20th? Mine was initially scheduled for 19th but the office was closed. Called USCIS and they told to wait for 2 weeks to receive a rescheduled notice.

[inspired_p]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

Now only if someone with EB3 -I Nov 2010 also receives an RFE you would be onto some trend . I will let you know as soon as I get an RFE

[mcmilers]

Also, all these RFEs are really random. My PD is Feb 2010 and received RFE for 485J/medicals in 2018. But haven't heard anything from USCIS this time around. Yet.

[AceMan]

Now only if someone with EB3 -I Nov 2010 also receives an RFE you would be onto some trend . I will let you know as soon as I get an RFE

I think I will take a Hariyali Kabab :-)

If the person from March 2010 got an RFE, the response should be the copy of the February visa bulletin where they have indicated forward movement of about a week.

[H1b2006]

well. 4-5 months will pass by in a jiffy by June 2021 we should be knowing if eggs are hatching are not..hope so they will hatch. 120 K spillover is once in a lifetime never happened before and might not happen before aswell from FB to EB. if this 120k doesnt help us, then we need divine intervention to change GC country cap limits removal.

Just Keep praying!! Just like Gabba fortress is breached, we can Breach our Immgration backlogs!!

[ak7419]

well. 4-5 months will pass by in a jiffy by June 2021 we should be knowing if eggs are hatching are not..hope so they will hatch. 120 K spillover is once in a lifetime never happened before and might not happen before aswell from FB to EB. if this 120k doesnt help us, then we need divine intervention to change GC country cap limits removal.

Just Keep praying!! Just like Gabba fortress is breached, we can Breach our Immgration backlogs!!Been current since November 2020 with Sep 2009 PD. No RFE so far and last RFE was back in 2016.

[suninphx]

Been current since November 2020 with Sep 2009 PD. No RFE so far and last RFE was back in 2016.

That's strange given your file is at NSC. That center is quite proactive.
What steps have you taken to address this? Raised SR? Involved Congressman office? Anything else?
I am asking because many people will be in same situation sooner or later.

[H1b2006]

2009 are out of equation they are bound to get GC sooner or later!! we are only talking abt 2010 eb2 eb3
you are guaranteed to receive GC with 120K spillover

[ak7419]

That's strange given your file is at NSC. That center is quite proactive.
What steps have you taken to address this? Raised SR? Involved Congressman office? Anything else?
I am asking because many people will be in same situation sooner or later. Raised an SR and got standard response that they are reviewing the case and should hear from them in 90 days. In the meanwhile, I had to renew my combo card and got its approval last month.

[H1b2006]

good job ak7419 soon ur gc will be at in your inbox

[suninphx]

Raised an SR and got standard response that they are reviewing the case and should hear from them in 90 days. In the meanwhile, I had to renew my combo card and got its approval last month.

Okay.. I have heard (no first hand experience) that contacting local representative offices sometime helps. May be worth exploring that option.
Are you being represented by a company attorney? Do they have follow up methods at their disposal?

All the very best!

[longwaitgigu]

Discussing RFE
I read in trackitt back in December, apperson with march 2013 eb3 got rfe for medicals
He already received ead and ap, applied on oct 2020 and PD 2010 is still waiting for receipt
Lol

[inspired_p]

Discussing RFE
I read in trackitt back in December, apperson with march 2013 eb3 got rfe for medicals
He already received ead and ap, applied on oct 2020 and PD 2010 is still waiting for receipt
Lol

Unfortunately they do not process the applications according to PDs .. they process FIFO ( read random in the lot received in the month)

[rocketfast]

I did not see anyone post I-485 data for 4th quarter.
https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2020_qtr4.pdf

Looks like USCIS approved a total of 121,890 applications last year. Looks like Consular processing was around 15,283. So total approval = 137173. Wasting a total of 18,800 GCs as the total allocation for last year was 156,000.(Am I reading this right?)

Past reports:
Q1: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2020_qtr1.pdf
Q2: https://www.uscis.gov/sites/default/files/document/data/I485_performancedata_fy2020_qtr2.pdf
Q3: https://www.uscis.gov/sites/default/files/document/reports/I485_performancedata_fy2020_qtr3.pdf

[Zenzone]

Congrats on your EAD/AP approval. Welcome to the Trishanku status. Make sure that you browse through our EAD/AP thread to setup reminders for timely renewal in 6 months time (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format?p=69155&viewfull=1#post69155).

Thanks man. I will definitely set-up those reminders. But for now, we also plan to renew our H1Bs....More revenue of attorneys and USCIS (the outcome everyone else wants) ;)

[Zenzone]

For a category which has been moving few days every month for more than 2 years, it is a big ask to pass 2009, let alone 2010. 4 days is what it moved for February 2021. If you count from October 2020 for 5 months it moved 48 days.

It is a huge ask.

That's because its clear now that FB SO will be applied only in the last quarter or from May (at best). So why is it a huge ask to say EB2 will clear 2010. Visa numbers are there. If not, why would they even allow us to file? I understand the nervousness behind USCIS ability (given its shaky record) to be efficient and use atleast most of those SO visas in Q4. But to write them off completely, is a big mistake too. Let's take the middle ground, even if the PD moves to Sep-2010 and not Dec-2010, what's there to lose and feel its all gloom and doom. A year ago we were saying 2010 will take 7 years to clear and even to file?? My 2 cents here is no prediction no matter how outrageously optimistic or pathetically pessimistic can be correct entirely because USCIS has never been transparent. Truth is always somewhere in the middle but I'm more hopeful now because this admin. is sure to crack the whip on bringing back agency efficiencies. So even if 65% of SO is used actually, we are talking about significant movement in Q4 and that's based on data.

[Turbulent_Dragonfly]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

<Meerkat standing up from the cubicle>

Someone in May 2010 got an RFE?!

As others said, USCIS ki leela is only known to USCIS and there is usually no rhyme or reason, so hoping things move forward in the next few months.

[vsivarama]

As others said, USCIS ki leela is only known to USCIS and there is usually no rhyme or reason, so hoping things move forward in the next few months.

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

[Turbulent_Dragonfly]

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

HA ha ha ha!!

It always comes down to Accountability, right? If you or me tell someone in the office that yup I will get that done by the end of the week and continue to not do it for three weeks, we will probably get fired. USCIS/DoS can say "Rapid forward movement until January" and move the dates 2 weeks and there is no one to challenge that and hold their feet to their fire.

[newyorker123]

For people who have changed jobs recently, and need to restart their PERM process, does anyone envision any improvement in performance of PERM processing ?
Looks like they are taking 7-8+ months, and overall including prevailing wage etc it might take a year or more.
I sincerely hope this route gets faster with Biden admin.
Thoughts ?

[smuggymba]

May2010 EB2 india got RFE for medicals. Indication that EB2 May2010 FAD movement very much on the cards.
if EB2 I moves to May, shoudnt we add 6 months --Nov 2010 for EB3.

I'm March 30th 2010 and I haven't gotten any RFE. On EAD since 2012.

[AceMan]

That's because its clear now that FB SO will be applied only in the last quarter or from May (at best). So why is it a huge ask to say EB2 will clear 2010. Visa numbers are there. If not, why would they even allow us to file? I understand the nervousness behind USCIS ability (given its shaky record) to be efficient and use atleast most of those SO visas in Q4. But to write them off completely, is a big mistake too. Let's take the middle ground, even if the PD moves to Sep-2010 and not Dec-2010, what's there to lose and feel its all gloom and doom. A year ago we were saying 2010 will take 7 years to clear and even to file?? My 2 cents here is no prediction no matter how outrageously optimistic or pathetically pessimistic can be correct entirely because USCIS has never been transparent. Truth is always somewhere in the middle but I'm more hopeful now because this admin. is sure to crack the whip on bringing back agency efficiencies. So even if 65% of SO is used actually, we are talking about significant movement in Q4 and that's based on data.

Let us forget the spillover. india is expected to get minimum 2803 visas for Eb2 in 2021. Did they even attempt to issue that so far? Covid stains are attacking the country from different places. Even then morons are sending medical RFE’s

[rabp77]

The only thing that brings hope to me is the USCIS projection of very minimal movement. They somehow seem to mix up between rapid and very little movement. It's usually the reverse of what they say ends up happening. And we had to take English proficiency tests like TOEFL to prove our English speaking skills. ;)

They have been providing potential movement projections every quarter. And the movement has been pretty consistent with their projections. Assuming the last projection was till end of this quarter, the earliest we can expect dates to start moving is in the april bulletin. The april bulletin and the projections provided in april is the next thing to watch for.

[rabp77]

Let us forget the spillover. india is expected to get minimum 2803 visas for Eb2 in 2021. Did they even attempt to issue that so far? Covid stains are attacking the country from different places. Even then morons are sending medical RFE’s

if you see the last visa inventory release (which is quite old now), the inventory was around 1-2 thousand per month on an average for EB2 india in 2009. Assuming this approximately holds true even today, around 5K visa available for EB2 india without horizontal spiillover will produce around 3-4 months movement in EB2I. This is exactly what we saw in terms of movement since september of last year.

So data clearly points to the fact that movement so far is purely based on spill over from FB that has been spread across all countries, and no horizontal spillover has been applied so far for EB2 and EB3. But going by past ROW applications for EB2 and EB3, we should see a substantial horizontal spillover being applied in Q3 or Q4 of the FY (april-September 2021). So its reasonable to expect pace of movement to pick up significantly in the 3rd or 4th quarter.

[rocketfast]

Based purely on Trackitt data (and comparing it to last quarter of 2020's trackitt data and eventual real approvals), USCIS has approved a total of 30,000 I-485 applications in the last 4 months.

[suninphx]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

[Turbulent_Dragonfly]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

Don't believe this concerns people seeking EAD as part of an I-485 for EB. This could be addressing people seeking asylum (https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-5).

[suninphx]

Don't believe this concerns people seeking EAD as part of an I-485 for EB. This could be addressing people seeking asylum (https://www.uscis.gov/policy-manual/volume-10-part-a-chapter-5).

Ok thanks for the link.

Saw this on trackitt and document mentions c(9) category - so was wondering

[vsivarama]

Has anyone come across this? What does this even means?
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210114-DiscretionaryEADForAOSAndDA.pdf

I just checked my i485 form. INA-245 is not checked. So I think it is safe to say that this does not apply to us.

[vsivarama]

Saw this on trackitt and document mentions c(9) category - so was wondering

The article shared states "on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA 245)". so clearly it is not across the board c(9).

[Turbulent_Dragonfly]

Saw another user on trackitt with PD 4/10/2010 getting an RFE in the March 2010 RFE thread. Hopeful that they are ready to start clearing backlog until at least May 1, 2010 where it reached 9 years back.

[AceMan]

Saw another user on trackitt with PD 4/10/2010 getting an RFE in the March 2010 RFE thread. Hopeful that they are ready to start clearing backlog until at least May 1, 2010 where it reached 9 years back.

Till May 2010 the pending inventory from October 2009 should be around 7000. 9 years out, we are yet to reach that point.

[phkb2020]

if you see the last visa inventory release (which is quite old now), the inventory was around 1-2 thousand per month on an average for EB2 india in 2009. Assuming this approximately holds true even today, around 5K visa available for EB2 india without horizontal spiillover will produce around 3-4 months movement in EB2I. This is exactly what we saw in terms of movement since september of last year.

So data clearly points to the fact that movement so far is purely based on spill over from FB that has been spread across all countries, and no horizontal spillover has been applied so far for EB2 and EB3. But going by past ROW applications for EB2 and EB3, we should see a substantial horizontal spillover being applied in Q3 or Q4 of the FY (april-September 2021). So its reasonable to expect pace of movement to pick up significantly in the 3rd or 4th quarter.

Is there consensus within the forum that Horizontal spillover for EB2/EB3 is not being applied due to Trump EO? Because surely they are applying horizontal spillover for EB1 that has facilitated EB1I dates to move multiple years and on track to be current in next few months?

On a side note - 2012 AOS filer here as well with Feb 2010 priority date. Not a single RFE so far in last 9 years !
I did get an RFE for EAD renewal this year (they didn't like the pics we submitted). Somehow, that resulted in a 1 year EAD versus 2 year, which means I have to apply for renewal again next month.

[H1b2006]

USCIS started transferring pending 485 applications to local offices to adjudicate in timely fashion -- update by Immigration lawyer Robert weber in Linkedin
Good to hear. Link : https://www.linkedin.com/in/bobwebber

[rabp77]

Is there consensus within the forum that Horizontal spillover for EB2/EB3 is not being applied due to Trump EO? Because surely they are applying horizontal spillover for EB1 that has facilitated EB1I dates to move multiple years and on track to be current in next few months?

On a side note - 2012 AOS filer here as well with Feb 2010 priority date. Not a single RFE so far in last 9 years !
I did get an RFE for EAD renewal this year (they didn't like the pics we submitted). Somehow, that resulted in a 1 year EAD versus 2 year, which means I have to apply for renewal again next month.

so far i have not seen any data so far on pending EB1I applications for 2019. Given the lack of data, i am not in a position to conclusively say if the horizontal spillover has been applied or not for EB1I. If someone has i-140 data for EB1 for 2019, the that would likely give us a clue to comment on this.

[vsivarama]

so far i have not seen any data so far on pending EB1I applications for 2019. Given the lack of data, i am not in a position to conclusively say if the horizontal spillover has been applied or not for EB1I. If someone has i-140 data for EB1 for 2019, the that would likely give us a clue to comment on this.

I am not that sure, that horizontal spillover has been applied to EB1. The reason for aggressive movement in EB1 could be because they do not have many cases with approved I-140s with a pending 485 application where they can apply the available visa number. Anyone in EB1-I with priority dates past 09/30/18 was only allowed to file for 485 for the first time in Oct 2020 bulletin. The I140s for the EB1 petitions tend to take closer to a year if not more to adjudicate. Plus there is no premium processing available for expediting I140 processing for EB1C applications. My bet is they DO NOT have approved cases to use up the numbers in EB1 and so they are running up the dates to find any applications (EB1A/EB1B where premium processing is allowed). Gurus what do you think about the scenario I laid out? If this is true it could lead to a huge vertical spillover to EB2. But again, they need to be used and not wasted by USCIS, so that's that.

[phkb2020]

I am not that sure, that horizontal spillover has been applied to EB1. The reason for aggressive movement in EB1 could be because they do not have many cases with approved I-140s with a pending 485 application where they can apply the available visa number. Anyone in EB1-I with priority dates past 09/30/18 was only allowed to file for 485 for the first time in Oct 2020 bulletin. The I140s for the EB1 petitions tend to take closer to a year if not more to adjudicate. Plus there is no premium processing available for expediting I140 processing for EB1C applications. My bet is they DO NOT have approved cases to use up the numbers in EB1 and so they are running up the dates to find any applications (EB1A/EB1B where premium processing is allowed). Gurus what do you think about the scenario I laid out? If this is true it could lead to a huge vertical spillover to EB2. But again, they need to be used and not wasted by USCIS, so that's that.

Good point about lack of EB1 applications.

I am thinking the same, if horizontal spillover is not being applied to EB1 then EB2I should be in line for massive vertical and horizonal spillover in Q4. This means potential for even more wastage as UCSIS will have to pretty much process the entire 2020 FB spillover and 1/4th of EB quota in Q4.

This also begs the question - why did EB2I filing date move only one year compared multi year jump in EB3I - when EB2I would be the beneficiaries of any vertical spillover that may happen.

[usvisas]

USCIS started transferring pending 485 applications to local offices to adjudicate in timely fashion -- update by Immigration lawyer Robert weber in Linkedin
Good to hear. Link : https://www.linkedin.com/in/bobwebber

can't find any such content in his profile

[H1b2006]

can't find any such content in his profile
Check his recent activity, last 1 week.

[H1b2006]

If this is right untill oct 2021, there is no demand and as applications are getting approved eb1 I will retrogress in q1 2022

[08jul11]

My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?

[vsivarama]

My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?

No, EAD and AP are related to AOS (i-485) application. I-140 has no direct bearing on them. If however i-140 is denied for some reason, then i-485 is rejected as a result and thus voiding EAD and AP. So in short they can approve EAD and AP when i140 is still pending.

[08jul11]

No, EAD and AP are related to AOS (i-485) application. I-140 has no direct bearing on them. If however i-140 is denied for some reason, then i-485 is rejected as a result and thus voiding EAD and AP. So in short they can approve EAD and AP when i140 is still pending.

Thank you vsivarama.

[08jul11]

I've never been this relieved seeing my bank balance reduce!
USCIS finally picked up our file and processed fees on one of our applications.
It only took 85 days, fruitless chats with Emma and one automated email response from lockbox to get here.

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021
Receipt notice date: N/A

Hello.... have you got any further updates on your EAD/AP?

[bangaloreboy]

Hello.... have you got any further updates on your EAD/AP?

No, it has remained on "Fingerprint Fee Was Received" status since the day notice was generated

[AceMan]

No, it has remained on "Fingerprint Fee Was Received" status since the day notice was generated

I am in the same status since December 1st week.

[H1b2006]

Guys any idea how much % of 2010 EB2/EB3 are in fallout scenario either they moved backt to India for Good or to other countries, lost hopes and left or upgraded to EB1 and no longer in EB2/EB3.

out of 22K, I-140 Approvals for both EB2/EB3 can we say 15%

[Moveon]

With delays in confirming DHS secretary I am not sure if there will be any good movement in the March Bulletin . (https://www.cnn.com/2021/02/01/politics/homeland-security-mayorkas-confirmation-leadership/index.html)
Looks like its without direction and they may just continue with the Trump Admin policy to just stall. Unless the incoming secretary decides to start applying the SO immediately, there is no way they can issue 120K extra GCs in the last quarter . The only way out is to suspend GC interviews for EB categories. Even with that it is 40K extra GCs a month ! Has that ever been done in the past ?

[Zenzone]

With delays in confirming DHS secretary I am not sure if there will be any good movement in the March Bulletin . (https://www.cnn.com/2021/02/01/politics/homeland-security-mayorkas-confirmation-leadership/index.html)
Looks like its without direction and they may just continue with the Trump Admin policy to just stall. Unless the incoming secretary decides to start applying the SO immediately, there is no way they can issue 120K extra GCs in the last quarter . The only way out is to suspend GC interviews for EB categories. Even with that it is 40K extra GCs a month ! Has that ever been done in the past ?

Your article also says that there is a confirmation vote scheduled for tomorrow and the postponement is due to the winter storm. So what's the real issue here? Am I missing anything?

[Moveon]

Your article also says that there is a confirmation vote scheduled for tomorrow and the postponement is due to the winter storm. So what's the real issue here? Am I missing anything?

The confirmation should have happened a week ago but then the republicans opposed it due to the border wall issue (Dems will not fund it). It will take time for him to get to employment visa issues as right now the focus of the admin is to get the "undocumented" folks Green cards. I am really doubtful if he will ever get to EB cases for this bulletin.
While I have my PD in December and stand a very good chance of getting the GC this fiscal , I would want every GC to be issued as those in 2010-11 deserve to get one this fiscal . Its criminal to waste GCs . From what I read 18800 GCs went waste last year .

[AceMan]

The confirmation should have happened a week ago but then the republicans opposed it due to the border wall issue (Dems will not fund it). It will take time for him to get to employment visa issues as right now the focus of the admin is to get the "undocumented" folks Green cards. I am really doubtful if he will ever get to EB cases for this bulletin.
While I have my PD in December and stand a very good chance of getting the GC this fiscal , I would want every GC to be issued as those in 2010-11 deserve to get one this fiscal . Its criminal to waste GCs . From what I read 18800 GCs went waste last year .

The outlook was USCIS would be short by 25000, looks like they could issue about 138,000 visa's. Considering the pandemic related office closures, it was a decent enough effort.

Now the Secretary is not going to personally cross the t's and dot the i's of individual application forms. Whoever comes in will do the job he has to do.

We have enough people among ourselves who continuously apply for Premium 140's when the law states they cannot do premium without the original perm. It is a back door option being used up. With finite resources some body else will be impacted with these actions. Couple of years back there was a rule making in progress to stop concurrent filing, but it is not going to happen anymore.

Yes, I recall the discussions back in 2010's when EB3 was referred as unskilled visa's by the EB2 experts. So love to remind every single Eb2 person who has downgraded that they really should have been in Eb3 to start with. Nothing malicious but just light hearted taunting like one prisoner to another one.

[Palver]

Does anyone have stats on what % of cases get called for an interview for EB cases? Has it been close to 100% since the change in process starting 2017?

[rabp77]

Does anyone have stats on what % of cases get called for an interview for EB cases? Has it been close to 100% since the change in process starting 2017?

Yes. This had been close to 100% from 2017 till Covid hit. After which we have been seeing some cases where interview was wavered.

[rabp77]

regarding horizontal spillover. it looks like USCIS has been evenly distributing the unused visas from ROW equally to all backlogged countries (rather that putting everything to most backlogged). This will likely not help EBI, but still we should see a substancial horizontal spillover sometime this FY.

[Moveon]

Yes. This had been close to 100% from 2017 till Covid hit. After which we have been seeing some cases where interview was wavered.

Rabp77 , I understand that interview is waived for those who applied for AOS before 2017? So most EB-I cases would be exempt if that is the case right

[AceMan]

regarding horizontal spillover. it looks like USCIS has been evenly distributing the unused visas from ROW equally to all backlogged countries (rather that putting everything to most backlogged). This will likely not help EBI, but still we should see a substancial horizontal spillover sometime this FY.

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

[rocketfast]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

They may have given out numbers for EB1, but USCIS definitely has not approved EB1s overwhelmingly based on trackitt data for the last 4 months.

EB2: 101
EB3 = 124
EB1 = 62

(Unless, EB1 guys have enmasse moved away from trackitt to telegram)

https://www.trackitt.com/usa-immigration-trackers/i485-eb

[phkb2020]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

Not doubting you, but could you please point me towards this law? As far as I know, EB1 only gets first dibs on rollups of EB4 and EB5 spillover. The family spillover has been distributed evenly according to respective EB quotas and horizontal spillovers should be applied at the same time across all categories.
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

But, I won't be surprised if what you are predicting happens. It is baffling that EB1I seems to have gotten the benefit of horizontal spillovers being applied in Q1 & Q2 while EB2 and EB3 languish forever and hope and pray for max utilization in Q4.

[kumareb2]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

[phkb2020]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

We applied in May, approved in August after RFE for pics, got only one year approval. Friend and his spouse applied in Sept, approved in Nov end, one got one year EAD and another 2 year !

Usually, USCIS gave out 1 year renewals if they expected your dates to become current soon or were current when you applied. This year it seems to be all over the place.

[H1b2006]

They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.

Once EB3I moves 1 yr or so FAD might again get 6months push when 2022 fy so is applied.. by all mesns by fy 2022 eb3 will clear entire 2011. Eb2 will clear 2011 june.

[idliman]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?
Our RD was 15APR2020 and got approved around end of Aug 2020 (4.5 months). Myself and spouse both got 2 year approval. I had always asked for a 2 year approval in the cover letter and used "C09P". Don't know how how much it helps to bring to the attention of the AO that you are requesting a 2 year validity. But has not failed us yet.

[bluelabel]

is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?

I did renew in Aug 2020 and got it for 2 years. It's possible your PD could get current in next few months as i am seeing so many RFEs reported in Trackitt on I-485 for 2010 PDs. I too received a text yesterday for RFE on I-485 with 03/02/2010 PD.

[AceMan]

Not doubting you, but could you please point me towards this law? As far as I know, EB1 only gets first dibs on rollups of EB4 and EB5 spillover. The family spillover has been distributed evenly according to respective EB quotas and horizontal spillovers should be applied at the same time across all categories.
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

But, I won't be surprised if what you are predicting happens. It is baffling that EB1I seems to have gotten the benefit of horizontal spillovers being applied in Q1 & Q2 while EB2 and EB3 languish forever and hope and pray for max utilization in Q4.

The rule is same for all categories. 7% allocation max for a country. However for Eb1 Row, it was current early in 2020 followed by closure due to pandemic resulting in windfall for Eb1 India. Eb2 and 3 had residual demands from ROW which is not letting for expanded allocation for India in both these categories while Eb1 India got exempted due to lack of demand from ROW there.

These are just logical deductions based on past actions and rule interpretation of how the spillover has to be applied. So it is a logical hope that Eb1 india gets current by 3rd quarter, and Eb2 I starts getting the numbers that can push it forward in 2021.

[kumareb2]

I did renew in Aug 2020 and got it for 2 years. It's possible your PD could get current in next few months as i am seeing so many RFEs reported in Trackitt on I-485 for 2010 PDs. I too received a text yesterday for RFE on I-485 with 03/02/2010 PD.

I got the RFE for medicals, SUPJ & Bio info, and my priority date is Dec 16, 2009

[19YRSNOGC]

I got the RFE for medicals, SUPJ & Bio info, and my priority date is Dec 16, 2009
I am hoping we all become current next month.I submitted my I485 /I485J first time in october 2020.
My PD is dec 24th 2009.My Dependent got RFE on jan29th not sure what it is, we just submitted medicals in last 4 months.

[smac1982]

I am hoping we all become current next month.I submitted my I485 /I485J first time in october 2020.
My PD is dec 24th 2009.My Dependent got RFE on jan29th not sure what it is, we just submitted medicals in last 4 months.

Hello Friends, I need your suggestion on my situation. I am on EAD, EB2 - Feb 2010 priority date. I recently got an RFE for SupJ and Medicals. My SUPJ was submitted in 2018 when I changed employers which was approved in 2019. Due to COVID restrictions, I opted for remote work which probably triggered SUPJ RFE. In this case, should I submit a new SUPJ or provide an explanation that no changes happened with my employment conditions or work locations (as my home and work are in the same geographic area, same county, etc). I would prefer to be safe and submit a new SUPJ but just wanted to check if anyone is or was in the same boat. My attorney is looking into it as well... Appreciate your help.

[bones20]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

[incredible]

Hello Friends, I need your suggestion on my situation. I am on EAD, EB2 - Feb 2010 priority date. I recently got an RFE for SupJ and Medicals. My SUPJ was submitted in 2018 when I changed employers which was approved in 2019. Due to COVID restrictions, I opted for remote work which probably triggered SUPJ RFE. In this case, should I submit a new SUPJ or provide an explanation that no changes happened with my employment conditions or work locations (as my home and work are in the same geographic area, same county, etc). I would prefer to be safe and submit a new SUPJ but just wanted to check if anyone is or was in the same boat. My attorney is looking into it as well... Appreciate your help.

New ask for Supplement J may have nothing to do with your work from home option. Now a days whole world is doing remote work anyway. It is just a confirmation that USCIS requires in preparation of advancing the dates to make sure you still are employed bonafide as is mentioned by your job description. Go ahead and submit new supplement J and not worry about anything else.

[incredible]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

If it is not really urgent, I would wait for receiving approved EAD before switching the job.

[Turbulent_Dragonfly]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

You need some work authorization before you can start working with the new employer. How will you join the new employer without having an EAD or a H1 transfer? Filing a I-485 only puts you in a pending status so that you don't accrue unlawful presence, but you still need either EAD or a H1 I-94 to work for another employer.

[bones20]

You need some work authorization before you can start working with the new employer. How will you join the new employer without having an EAD or a H1 transfer? Filing a I-485 only puts you in a pending status so that you don't accrue unlawful presence, but you still need either EAD or a H1 I-94 to work for another employer.

join with h1b

[vsivarama]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

[bones20]

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

thank you!

[idliman]

Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?

thanks you!
First make sure that you save copies of your PERM, I-485 receipt notice (i.e., Willy Wonka Golden Ticket) and I-140 (optional). Also get the copies your I-765/I-131 for later use. The PERM (SOC code and job description) will be of great help when you do AC21.

Count 180 days from received date and then initiate your H1B transfer. While getting the job offer / negotiations tell your future employer that they also need to do a AC21 / Supp J while doing the H1B transfer. My guess is you will get your EAD/AP within the 180 day period. Even if you transfer, EAD/AP is provided on the basis of a Pending I485. As long as I485 is pending you will get your EAD/AP. But if they are doing H1 transfer then no harm in staying with H1 status.


Initial EAD/AP typically has a validity period of only 1 year. You can renew it 180 days in advance. Assuming that you get your EAD/AP around the 150+ days mark, then the new employer cannot apply for renewal immediately. You can do it yourself following the guidelines in our EAD/AP forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).
If the expiry of the EAD/AP is within 180 days, then the new employer can file. I485 Supp J will get its own receipt number and approval. It helps to have a copy of your PERM.

Good Luck.

[bones20]

First make sure that you save copies of your PERM, I-485 receipt notice (i.e., Willy Wonka Golden Ticket) and I-140 (optional). Also get the copies your I-765/I-131 for later use. The PERM (SOC code and job description) will be of great help when you do AC21.

Count 180 days from received date and then initiate your H1B transfer. While getting the job offer / negotiations tell your future employer that they also need to do a AC21 / Supp J while doing the H1B transfer. My guess is you will get your EAD/AP within the 180 day period. Even if you transfer, EAD/AP is provided on the basis of a Pending I485. As long as I485 is pending you will get your EAD/AP. But if they are doing H1 transfer then no harm in staying with H1 status.


Initial EAD/AP typically has a validity period of only 1 year. You can renew it 180 days in advance. Assuming that you get your EAD/AP around the 150+ days mark, then the new employer cannot apply for renewal immediately. You can do it yourself following the guidelines in our EAD/AP forum (https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format).
If the expiry of the EAD/AP is within 180 days, then the new employer can file. I485 Supp J will get its own receipt number and approval. It helps to have a copy of your PERM.

Good Luck.

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.

[idliman]

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.
You have to sign in the PERM. So they should have provided you a copy, Right? Without that I would assume that your PERM matches your H1B SOC and job title. Our company setup has 99% citizens with some H1B's (lower single digits). So most of the time, we end up telling our HR what to do. But in IT space, I can guess that employers are very protective.

I am thinking ahead about how you are going to address the issue when you file AC21 job portability. AC21 needs a justification that the new job is in the "same or similar" category. I have seen people post that the new law firm has requested the files from old law firm. Not sure whether they will share PERM pages concerning a) SOC b) Job Title and c) Job Description. All I am thinking about is how to make your case successful with the best of available info.

Maybe others can give you a better idea of how to handle this in a diplomatic way.

Update: I looked at my ETA-9089 Form. It has section "L" alien declaration. So, you are eligible to get a copy of that form. Without looking at its contents how will you sign the firm?

[vsivarama]

So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.

You can apply a FOIA request (Freedom of Information Act) with USCIS. You can request them to send you the most recent copy of PERM and I140. It takes about 6-8 weeks for them to provide you with electronic copies. So I would recommend you create your service request ASAP. That's how I got my copies of PERM and i-140.

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

[bones20]

You can apply a FOIA request (Freedom of Information Act) with USCIS. You can request them to send you the most recent copy of PERM and I140. It takes about 6-8 weeks for them to provide you with electronic copies. So I would recommend you create your service request ASAP. That's how I got my copies of PERM and i-140.

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

thank you!

[bones20]

You have to sign in the PERM. So they should have provided you a copy, Right? Without that I would assume that your PERM matches your H1B SOC and job title. Our company setup has 99% citizens with some H1B's (lower single digits). So most of the time, we end up telling our HR what to do. But in IT space, I can guess that employers are very protective.

I am thinking ahead about how you are going to address the issue when you file AC21 job portability. AC21 needs a justification that the new job is in the "same or similar" category. I have seen people post that the new law firm has requested the files from old law firm. Not sure whether they will share PERM pages concerning a) SOC b) Job Title and c) Job Description. All I am thinking about is how to make your case successful with the best of available info.

Maybe others can give you a better idea of how to handle this in a diplomatic way.

Update: I looked at my ETA-9089 Form. It has section "L" alien declaration. So, you are eligible to get a copy of that form. Without looking at its contents how will you sign the firm?

thank you!

[rabp77]

Rabp77 , I understand that interview is waived for those who applied for AOS before 2017? So most EB-I cases would be exempt if that is the case right

Yes. If the 485 was applied prior to March 2017, interview is not mandatory. You will be called for interview only if there are issues with the application.

For more info, please check https://www.fragomen.com/insights/alerts/update-employment-based-adjustment-interviews-what-foreign-nationals-need-know

[iamdeb]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the “place of birth” field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

[kuku82]

Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.

I believe another employer can initiate H1b transfer at any point in time, regardless of the 180-day window from the employer who filed I485. AC21 doesn't require the individual to be employed with the employer who filed for 180 days, does it? Or is it that it's recommended to be with the employer for 180 days out of abundance of caution?

[Turbulent_Dragonfly]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the ?place of birth? field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

I actually got my name rearranged during renewal as I did not have an official last name (only first and middle names) and it created immigration issues with docs listing LNU for last name. Since there is no material change in the actual place, just the spelling, I think it will be allowed.