EB2-3 Predictions (Rather Calculations) 2015-2020

[srisri]

Finally current after 9 years, and hoping to see GC after 20 years. Do we have any thread that helps people pursuing congressional inquiry or other avenues to speed up the process? If we do can one of you share the link?

[srisri]

There is nothing specific for ROW that I am aware off. USCIS normal calculates EB2 as 2 and EB3 as 2.1. I think, it will be safe to assume 2 for EB1 as well. The below link may be helpful when creating your model.

https://www.happyschools.com/eb3-to-eb2-downgrade-rapid-forward-movement/

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

[bluelabel]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

[AceMan]

That should not they be approving all EB2 applied in 2012 with a PD date prior to Apr 2010. They are exempt from interviews and stuff and have applied for EAD multiple times and their biometrics done too.
Only part is their medicals may be required and that may have been done a couple of time too by now.

I am not sure why you are concerned about a silly interview mandate introduced by the previous slob? Every body should be exempted from the mandatory interviews. Even USCIS is not caring about it.

Even medicals should be deemed as redundant. Corona raging across the country with variants 2,3,4 and people are still worried about TB false positives from the 19th century.

[incredible]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thanks for the reply.

[maverick2010]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

I also have the same question but would like to extend it to filing dates as well. Reason being, since the filing dates concept got introduced in 2015 dates haven't progressed this quickly .

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thank you.

[ak7419]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

[mr00us]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
1778

[Moveon]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

[srimurthy]

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

[fishelusa]

Hi,

Very good analysis. But I heard even though dates are moving initial step is biometrics and back ground checks has to complete. One more thing is depending on ASC the processing delays. Not sure can we see any progress.

[Moveon]

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representatives/find-your-representative

[vsivarama]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
1778

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

[ak7419]

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representatives/find-your-representative

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

[mr00us]

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

Hi--
I do have it there. :) Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

[Moveon]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Again this is has been discussed multiple times. You Donot have to send Supplement J when you change jobs . There is no such rule, so don't burden the USCIS with it . Most of us have changed jobs without filing it . Some of my friends even got their GCs recently .
The more unwanted paper work you send, the more it could delay your application as they will not process it till your date is current. Once it is current there is more paper work for them to review for your case.

[bluelabel]

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

15-1133 is also no longer in use. Not sure if we can still use the old ones. Has anyone got approved with old SOC code(as in PERM)?

[vsivarama]

Hi--
I do have it there. :) Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

Multiplication factor for EB2 and EB3 should be around 2 - 2.4. Most of the kids are born in US. In most of the cases however, with a primary applicant there is almost always a dependent (the spouse). So a factor of 1 or 1.2 is too generous IMO.

[AceMan]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Some times doing nothing is the right thing :-)

[nbk1976]

I am not sure why you are concerned about a silly interview mandate introduced by the previous slob? Every body should be exempted from the mandatory interviews. Even USCIS is not caring about it.

Even medicals should be deemed as redundant. Corona raging across the country with variants 2,3,4 and people are still worried about TB false positives from the 19th century.

I agree: issue a temporary GC for a year and have the applicant submit an updated medicals/Sup-J for the restriction to be lifted. This would make it so much easier and speed things up, considering most applications are already pre-adjudicated.

[Moveon]

I agree: issue a temporary GC for a year and have the applicant submit an updated medicals/Sup-J for the restriction to be lifted. This would make it so much easier and speed things up, considering most applications are already pre-adjudicated.

I agree with Aceman. I would say that if a person has not traveled outside the country since the last medical then the medicals are not necessary at all. Very large Majority of the 2012 filers submitted medicals late 2018 - early 2019 so there is no reason to ask for it again . Its a $1000 hole for 2 people . The USCIS has your travel history , so they can know who did travel and to where. How many really get a positive TB test really?
About the temp GC , sadly there is no such provision I guess as its too much work after a year for them. They should just give the GCs to the pre-adjudicated cases as they again reviewed all of them late 2018 and 2019 .

[Turbulent_Dragonfly]

I agree with Aceman. I would say that if a person has not traveled outside the country since the last medical then the medicals are not necessary at all. Very large Majority of the 2012 filers submitted medicals late 2018 - early 2019 so there is no reason to ask for it again . Its a $1000 hole for 2 people . The USCIS has your travel history , so they can know who did travel and to where. How many really get a positive TB test really?
About the temp GC , sadly there is no such provision I guess as its too much work after a year for them. They should just give the GCs to the pre-adjudicated cases as they again reviewed all of them late 2018 and 2019 .

Yeah they could do so many more efficient things. Like if someone has spent 15 yrs on H1B already in the US, then making them go outside and get stamping at a Consulate rather than just providing them with a travel document along with the petition approval.... can you imagine the amount of time, energy and money that could be saved? I used to travel all over the world for my work and there was always confusion when the employer asks "so you have your Brazil visa and are already here in the US on a work visa and you are saying you may first have to go to India to get another US visa before you travel to Brazil??!"

[mr00us]

Multiplication factor for EB2 and EB3 should be around 2 - 2.4. Most of the kids are born in US. In most of the cases however, with a primary applicant there is almost always a dependent (the spouse). So a factor of 1 or 1.2 is too generous IMO.

Was wondering the same but I read somewhere that it is 1.2 for EB2 India, so I went along with it.

---------------------------------------------------
EB2-I Mult. Factor Visa Available Prediction
---------------------------------------------------
2.0 26000 15-Apr-11
2.1 26000 1-Apr-11
2.2 25000 15-Mar-11
2.3 24000 1-Mar-11
2.4 23000 15-Feb-11
---------------------------------------------------
* Add 15 days for every 1000 spillover from EB1A

I would love to visit this at the end of FY 2021 and see how much close to reality we were. :-)

[inspired_p]

Whats the prediction for EB3-I with Mult factors?

[vsivarama]

@mr00us, I had something similar where EB2I - Projection was April - 11 and EB3I was Sept - 11. I used 2 as the multiplication factor and used 20% downgrade for 2009 and 2010, 30% for 2011 and 40% for 2012 and onwards. But the reality could be very different. My assumption is that dates could jump big and could even reach late 2012 in order to process the cases that have all the ducks in a row only to retrogress in Oct 2021. Not all applications are created equal and some may require more attention or purely be processed slowly based on the Service Centers or the field offices. People in major metro areas could see their cases move at snails pace. I personally would like them to apply all the available visa numbers to the cases and keep working on them till completion even if the processing extends to FY 2022. This way none of the numbers in FY 2021 are wasted. But as we all know it's the USCIS and efficiency is not a thing with them. Hope they start issuing pending 485 inventories so that we can stop guessing.

[rainmaker12]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

Finally, dependent EAD/AP was approved today and status now says "We ordered your new card" more than a month after my EAD/AP was approved. spouse had to quit the job in November since H4 EAD expired in Nov 2020 and renewal is still pending. One less thing to worry and now have to find another job. :)

Dependent EAD/AP details
Receipt Number(s): MSC219027****
PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
01/21/2021 : Biometric appointment (Seattle ASC)
02/26/2021 : I-765 approved and new card ordered.


Primary applicant details.
PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved and new card ordered.
02/02/2021 : received EAD/AP card in mail

[SaibabaAug2010]

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

Yes, I don't think it's a coincidence, A. My 485 receipt date is 11/16 and you know there are tons of people ahead of me are still waiting for Biometrics (btw, our applications are at NBC) B. The Biometrics for our 485 & 539 were generated on the day H1 Extn package was received. Besides this, I agree with your point that JB admin might be playing a role in removing hard stops for H4 EAD as I see many long pending applications are receiving updates lately. Good luck!!

[mr00us]

Whats the prediction for EB3-I with Mult factors?

Here you go. There are 2 big catch(es).
1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating
2. How many visas are wasted by USCIS

Other than these, if we go just by numbers, here we are. All in all things look good for EB2.

1779

[fishelusa]

Hi i heard family based proclamation is lifted and it will slow down the eb progression in next coming months. Is this true and your thoughts on this

[bones20]

My PD is 04/29/2010. Thinking about downgrade since it seems it will take at least 2 more months to become current ("bird in the hand is worth two in the bush"). Any suggestion?


Unless you already have a i140 in EB3 approved it's only going to add to your wait time. Plus for people who are thinking of downgrade (esp who filed AOS in Oct 2020), need to keep one thing in mind. Date is current not necessarily equals to GC. Date is current and 485 application process (fingerprints/Background checks/possible Interviews) is complete equals GC. USCIS will perform these actions on their schedule.


Do you already have approved 140 in EB3? If not, I don't think it is a good idea. 140 is taking a long time now and most of the cases they are rejecting premium process for downgrade 140. I think, you will get your GC in EB2 before your EB3 140 is approved.

Update & questions:
1. I spoke to my attorney. She suggested to file for eb3 i-140 (attempt premium processing). Once the eb3 i-140 is approved request for an official downgrade ("transfer of underlying basis"). If eb2 becomes current before eb3, continue with current AOS with eb2 classification. Do you guys see any issue with this approach?

2. I came across this article:
https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/

Eligibility Criteria for Interfiling / Transfer of Underlying Basis
The criteria for interfiling are not written in the law or any regulation. Interfiling, or transfer of underlying basis, is purely an administratively created procedure and is described only in guidance for USCIS adjudicators ? specifically, the PM and USCIS memoranda. As such, the decision to grant any particular type of interfiling request is discretionary, and not guaranteed. If all the conditions set by the USCIS are satisfied, however, there is a good chance that the interfiling request will be approved, as this serves USCIS?s interests of efficiency. It also facilitates the applicant?s goal of obtaining permanent residence by saving time, effort, and multiple filing fees.

The PM requires that the request be made in writing. There is, however, no specific form or format for this request. Additionally, there are cases in which the USCIS will initiate a conversion without a written request.

Any idea on which case(s) USCIS will initiate an automatic conversion (transfer of underlying basis) to eb3? Does a mere presence of approved/pending eb3 i140 trigger the conversion?

3. I went through a re-org and have been moved to a different org to the one where PERM was originally filed & approved. My role/position/pay all remains the same. Do you see any problem in reusing the original approved PERM for filing the eb3 i-140?

[AceMan]

Update & questions:
1. I spoke to my attorney. She suggested to file for eb3 i-140 (attempt premium processing). Once the eb3 i-140 is approved request for an official downgrade ("transfer of underlying basis"). If eb2 becomes current before eb3, continue with current AOS with eb2 classification. Do you guys see any issue with this approach?

2. I came across this article:
https://www.murthy.com/2020/10/14/interfiling-new-immigrant-petition-into-pending-i-485-case-1-of-2/


Any idea on which case(s) USCIS will initiate an automatic conversion (transfer of underlying basis) to eb3? Does a mere presence of approved/pending eb3 i140 trigger the conversion?

3. I went through a re-org and have been moved to a different org to the one where PERM was originally filed & approved. My role/position/pay all remains the same. Do you see any problem in reusing the original approved PERM for filing the eb3 i-140?

You are just going to wait for another 20-25 days, do nothing else, but watch if EB2 I reaches May 2010 or a day beyond your PD in the next bulletin .

[H1b2006]

Guys any idea how much % of total Eb2 eb3 Applications are receopted sofar. Does it another 2 months to receipt all of them. April -receipting completes
June- biometrics completes
July/Aug/Sept : how many GCS can be allocated for eb2 eb3.


Can total 2010 eb2 eb3 be cleared by Sept 2021?
Any may be q1 2011?

[alpha0]

15-1133 is also no longer in use. Not sure if we can still use the old ones. Has anyone got approved with old SOC code(as in PERM)?

My lawyer used old obsolete soc code while filing 485 and i had no issues in interview and got my GC last year.

[superuser]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?

[idliman]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?
If you overstay B2 visa for even one day (I-94 date), per law the multiple entry B2 visa will be automatically cancelled under INA Section 222(g) (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168) and you have to go back the US embassy or Consulate in home country and reapply.


Article 40.68 Aliens subject to INA 222(g). (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168)
An alien who, under the provisions of INA 222(g), has voided a nonimmigrant visa by remaining in the United States beyond the period of authorized stay is ineligible for a new nonimmigrant visa unless the alien complies with the requirements in 22 CFR 41.101 (b) or (c) regarding the place of application.

Article 41.101 Place of application (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.41&rgn=div5#se22.1.41_1101).
(b) Place of application for persons subject to INA 222(g). Notwithstanding the requirements of paragraph (a) of this section, an alien whose prior nonimmigrant visa has been voided pursuant to INA 222(g), who is applying for a new nonimmigrant visa, shall make application at a consular office which has jurisdiction in or for the country of the alien's nationality unless extraordinary circumstances have been determined to exist with respect to that alien as set forth in paragraph (c) of this section.
(c) Exceptions based on extraordinary circumstances. (1) An alien physician


You might think of leaving and reentering the country via Canada / Mexico. But that is dangerous especially when your friend's MIL had stayed in the country for close to 12 months. Usually the CBP officer letting you inside the country on B2 / tourist visa looks whether someone has "immigration intent". If you are spending more time in USA than your home country in the last 12 months, they will most likely deny entry or cancel Visa.

You can do I-539 more than 2 times. But I am not sure how successful you will be. First time extension during COVID is fine. I would think the chance of 2nd extension will be rare.

Staying more than 1 year on B2 can cause future complications. She better stay in India for quite some time (1 or 2 years) before trying to enter USA again.

You might want to get legal opinion from some Law firm as you are playing with fire. These are extraordinary situations because of COVID. They might know whether people were allowed to do 2nd extension or some extraordinary clause in law.

Sorry. The law is very blunt. It treats 1 day violation and 179 day violation the same way. Beyond 180 days, one gets a 3 year bar.

[qesehmk]

Extension / Over-Stay

Hello Gurus,

Could you please provide a quick thoughts on following scenario that one of my friend is going through?

My friend and his wife got greened 3-4 months back in EB3 category. My friend's mother-in-law came to USA sometime around January last year. since they were expecting a baby. They had to extend her stay due to covid and they applied for extension twice so far. The latest extended date is around 13-March-2021.

Q1: How many times she can apply for the extension given her MIL is in USA for about 1+ year now? The reason is they want to get her vaccinated before she departs for the mental peace?
Q2: What are the future consequences, if she over-stays beyond 13-March-2021 and gets vaccinated and goes back to India?

Moderators, please help move this thread to appropriate place to respect the subject of the threads?

I think you just need to find a lawyer and you can get B1 extension on medical ground. COVID or no COVID.

Getting a visa next time will always be difficult if you overstay or get too many extensions even for valid reasons. Remember visa as well as entry to US is a discretionary thing. That's why my advice is - be 100% honest and then do what you need to do. If in worst case an emergency arises or she accidentally overstays ICE is not going to come and pick her up. But of course the best thing to do is be on the right side of law and get an immigration lawyer and a doctor to help you get an extension.

p.s. - I believe the last COVID bill has declared an emergency and nobody is going to accrue unlawful presence until COVID emergency is lifted. Again ask a lawyer.

[newyorker123]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

Just a bump. Anyone has any idea about this ?

[superuser]

If you overstay B2 visa for even one day (I-94 date), per law the multiple entry B2 visa will be automatically cancelled under INA Section 222(g) (https://www.ecfr.gov/cgi-bin/text-idx?SID=d0e266f09f2cd6dcdee1351356ecbd73&mc=true&node=pt22.1.40&rgn=div5#se22.1.40_168) and you have to go back the US embassy or Consulate in home country and reapply.



You might think of leaving and reentering the country via Canada / Mexico. But that is dangerous especially when your friend's MIL had stayed in the country for close to 12 months. Usually the CBP officer letting you inside the country on B2 / tourist visa looks whether someone has "immigration intent". If you are spending more time in USA than your home country in the last 12 months, they will most likely deny entry or cancel Visa.

You can do I-539 more than 2 times. But I am not sure how successful you will be. First time extension during COVID is fine. I would think the chance of 2nd extension will be rare.

Staying more than 1 year on B2 can cause future complications. She better stay in India for quite some time (1 or 2 years) before trying to enter USA again.

You might want to get legal opinion from some Law firm as you are playing with fire. These are extraordinary situations because of COVID. They might know whether people were allowed to do 2nd extension or some extraordinary clause in law.

Sorry. The law is very blunt. It treats 1 day violation and 179 day violation the same way. Beyond 180 days, one gets a 3 year bar.



I think you just need to find a lawyer and you can get B1 extension on medical ground. COVID or no COVID.

Getting a visa next time will always be difficult if you overstay or get too many extensions even for valid reasons. Remember visa as well as entry to US is a discretionary thing. That's why my advice is - be 100% honest and then do what you need to do. If in worst case an emergency arises or she accidentally overstays ICE is not going to come and pick her up. But of course the best thing to do is be on the right side of law and get an immigration lawyer and a doctor to help you get an extension.

p.s. - I believe the last COVID bill has declared an emergency and nobody is going to accrue unlawful presence until COVID emergency is lifted. Again ask a lawyer.

Big thank you to Q and idliman for the prompt and precise replies. I have passed on the info to my friend who will now be able to make the right call. Thumbs up to Q's and idliman's post.
p.s. - I tried giving star or thumbs up to the post but I couldn't find it so thought of writing it :)

[incredible]

Some times doing nothing is the right thing :-)

Quick question on this. I have submitted and got approved supplement -J from my current company. Got an RFE for medical and a specific question asking, if I was going to stay in the current company, if not submit new supplement-J. I am in discussions with a new company and potentially move in April. With my date only 15 days behind (02/11/2020), I may become current in April/May. Should I not file new supplement J and just go to the new company. I wont get another RFE now since I just responded to my RFE with "Yes" on the question (it is a truth in the current context, but may not be in a month from now). What is the suggestion in this case? Should I submit new supplement J or just not do anything, unless USCIS asks or issues GC.

[android09]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

[gcconnect]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

I received I-485J receipt after getting EAD ( Submitted I-485J as part of the I-485 in OCT 2020). IMHO need not worry much as the time lines are not consistent for receipts, Biometrics, EAD at this point of time. There are so many people still waiting for Biometrics and with in 2 to 4 months everything will be streamlined.

[kuku82]

Quick question: Does everyone who submits a I-485J as part of the I-485 package receive a receipt notice for it ? I?m a first time I-485 filer in Oct 2020, and submitted my I-485, I-765, I-131, I-693, I-944 and I-485J. I?ve received receipts for I-485, I-765 and I-131 only. Do everyone receive I-485J receipts? What does it signify and should I be asking for it? I don?t intend to change my job anytime soon even if I get an EAD/AP card.

FYI I got my receipt notice for 485j after 3 months of package filing. Still pending.

[qesehmk]

Big thank you to Q and idliman for the prompt and precise replies. I have passed on the info to my friend who will now be able to make the right call. Thumbs up to Q's and idliman's post.
p.s. - I tried giving star or thumbs up to the post but I couldn't find it so thought of writing it :)

No worries. All the very best.

[cool_guy_2004]

I would advise you against getting the medicals or sending it w/o an RFE. The USCIS will not honor it else everyone would start doing it. Ask your Doc to not sign it as yet as the Medicals need to be signed within 30 says of submission . TSC is going slow and the recent events in Texas might have delayed the RFEs.
Hang in , you will get your GC this Fiscal .
Best of luck

Thanks for your input.

[newsletter1978]

Hello everyone, just wanted to check if anyone is in the same boat as me. My wife got the appointment letter for her biometrics and her biometric was done on 2/19. I am the primary applicant, i have not received the biometrics appointment. We got current in March bulletin, how long does it take to get GC after you get current?

[Noesis]

Hello Guys,

I filed my EB3 Downgrade application (PD - Dec 2012) on 12/18 (reached TSC on 12/21) and have not heard anything after that. The checks have not been cashed yet. The only confirmation I have of the application is the tracking number. Can anyone please guide on what steps they took as it would be 60 days since application was received with no receipt numbers (whoever was/is in similar boat).? If I call USCIS Contact Center:800-375-5283 or Chat with Emma, what information could I provide other than the tracking number.?

Also off topic on H4 and EAD, my spouse's H4 and EAD applications are in process (Change of status from H1 B to H4) since May of 2020 with no update. Have called several times, raise a couple SRs to be only told that the biometric were requested but USCIS cannot control local ASCs and cannot provide when we would receive biometric application. Any advise on what could be done here.?

Thank you much;

Finally got the checks cashed today morning. Never felt this happy after someone took the money :)
Hopefully receipt numbers would follow soon, if not, then Hello Emma.!
Nothing on the H4 and H4 EAD though, still pending with the same status after multiple Inquiries, follow ups, SRs, calls, Chat.

[mesan123]

I received I-485J receipt after getting EAD ( Submitted I-485J as part of the I-485 in OCT 2020). IMHO need not worry much as the time lines are not consistent for receipts, Biometrics, EAD at this point of time. There are so many people still waiting for Biometrics and with in 2 to 4 months everything will be streamlined. i too applied with 485-J. Didnot get my 485J reciept yet. Have EAD from Jan. Applied in Oct 2020

[aGCHopefull]

i too applied with 485-J. Didnot get my 485J reciept yet. Have EAD from Jan. Applied in Oct 2020

I'd also applied I485-J along with 485/765/131 in 1st week of October 2020. Have not received 485-J receipt yet. Also no biometric yet.

[ak7419]

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

@Moveon, did you receive RFE since you became current? I see that lot of NSC folks with PD > 2010 are receiving RFEs but majority of folks from TSC with PD < 09/2010 are yet to receive RFEs. Do you think USCIS has any plans of optimizing workload between service centers since there seems to be "inequitable" distribution of workload (for lack of better word).

[Turbulent_Dragonfly]

@Moveon, did you receive RFE since you became current? I see that lot of NSC folks with PD > 2010 are receiving RFEs but majority of folks from TSC with PD < 09/2010 are yet to receive RFEs. Do you think USCIS has any plans of optimizing workload between service centers since there seems to be "inequitable" distribution of workload (for lack of better word).

It's a well known fact over the years that TSC sucks.

[raradhya]

I'd also applied I485-J along with 485/765/131 in 1st week of October 2020. Have not received 485-J receipt yet. Also no biometric yet.

From what i have read or followed, one will not get receipt notice for I-485J . but once its approved you will get the approval notice. usually they wont pick up the file for processing if the dates FA is not current.

however i have seen cases on this forum where some of the folks are getting the I-485J notice after some time.

[LeoAugust]

Here you go. There are 2 big catch(es).
1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating
2. How many visas are wasted by USCIS

Other than these, if we go just by numbers, here we are. All in all things look good for EB2.

1779

1. How many down port from EB2 to EB3 and in which month/year so EB2/3 movement will be based on that. These numbers are just guess so I would not like avoid speculating--> Seems like there are 30k EB2 to EB3 downgrade on Oct-Dec-2020. How much it is going to impact the calculation.
What will be the prediction dates including the downgrade and with no wastage?

[Turbulent_Dragonfly]

From what i have read or followed, one will not get receipt notice for I-485J . but once its approved you will get the approval notice. usually they wont pick up the file for processing if the dates FA is not current.

however i have seen cases on this forum where some of the folks are getting the I-485J notice after some time.

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

[rabp77]

Hello everyone, just wanted to check if anyone is in the same boat as me. My wife got the appointment letter for her biometrics and her biometric was done on 2/19. I am the primary applicant, i have not received the biometrics appointment. We got current in March bulletin, how long does it take to get GC after you get current?

it depends on the status of the case. People with pre-adjudicated cases and no need for RFEs have previously got approved within a week of the date becoming currrent, and have got GC in hand within 2 weeks. However, an RFE or other process can slow it down based on the processing required. A normal medical RFE would put it behind by 1-3 months. In your case, maybe they dont need finger prints, as the once they have are recent. In which case if the interview is also waved, it could move pretty fast. But if they need finger prints and interviews, then it will need to at least wait till those are complete.

[raradhya]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

[Zenzone]

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

I got mine in early Feb, while the rest of the receipt notices were received in Nov/Dec itself.

[android09]

Even i am confused about this pattern. i read in this forum that we will not receive I-485J receipt notice when we file them together. we will receive notice only if we get RFE and submit the i-485J.
for myself and my friends who filed in OCT 2020 we only received 3 notices (i-485, i-765 and I-130) none of us have received I-485J notice.

Correct. Some receive it, many dont. I checked with my lawyers and they said its ok if you didnt receive the notice. Its only an acknowledgement on their end. If they really need something, you'll be sent an RFE.

[ak7419]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Everything is backed up. One thing I don't understand is, is TSC responsible for processing both 485s that were applied in 2012 and 485s that were applied as part of the recent downgrades in October 2020? I thought recent downgrade 485s were sent to a lockbox in lewisville?!

[19YRSNOGC]

Saw an Approval for Dec9 2009 on the first day of the being current in telegram group.

[sstest]

Is the fact that the I-485, EAD/AP receipt notices came from NSC sufficient to assume that the case is being processed in NSC?

[bikenlalan]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

Nope, I filed middle of October and have not received I-485J notice yet.

[vvaavv]

Wanted to update that my case status changed to" New card is being produced" today. I got current in March bulletin.
NSC
PD - 10/19/2009
RD - 02/06/2012
Received 3 RFE so far
Last RFE - 12/02/2020 ( Medical , 325A, 1485J and passport biographic)
I485J Approval - 01/27/2021
Officer - 0375

[LeoAugust]

Please help me understanding the situation. What it means? I did not see any change in case status but, following is the information I got.

Today I was chatting with EMMA(Live Agent) and provided the SRC number and she responded with "It is saying for your i765 that your bio metrics was received on 02/05/2021 so they may have applied previous bio metrics to this case.". Does this mean they will not schedule any biometric or they will schedule biometrics for me? Is that Biometrics is different for 486 and 765? If they reuse biometrics for 765, does it mean it will be applied to 485?

[idliman]

Please help me understanding the situation. What it means? I did not see any change in case status but, following is the information I got.

Today I was chatting with EMMA(Live Agent) and provided the SRC number and she responded with "It is saying for your i765 that your bio metrics was received on 02/05/2021 so they may have applied previous bio metrics to this case.". Does this mean they will not schedule any biometric or they will schedule biometrics for me? Is that Biometrics is different for 486 and 765? If they reuse biometrics for 765, does it mean it will be applied to 485?
In my understanding, the reuse of biometrics is limited only to I-765 (EAD) applications. See AILA Doc No 20033032 (30MAR2020) (https://www.aila.org/infonet/uscis-announces-it-will-reuse-previously-submitted).


U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers(ASC) to the public in response to the Coronavirus (COVID-19) pandemic. This announcement's consistent with existing USCIS authorities regarding the agency's ability to reuse previously submitted biometrics.

Allow Reuse of Some Biometrics

Applicants who had an appointment scheduled with an ASC on or after the March 18 closure or who filed an I-765 extension will have their application processed using previously submitted biometrics. This will remain in effect until ASCs resume normal operations.


In the limited cases where USCIS may reuse an applicant's biometrics, the agency will mail a Form I-797 notice to the applicant stating that his or her biometrics will be reused and that the applicant is not required to appear at an ASC. Unless you receive such a notice, be prepared to wait a while for your next biometrics appointment.


So you will get your EAD. But for GC everyone has to go for Biometric Appointment.

Added: There was an Ombudsman meeting / Webminar in Nov 2020 that discussed wide use of Biometrics. I am not able to get a transcript of that. Maybe they have extended the scope since Mar 2020.

[LeoAugust]

Thanks @idliman. So, they will reuse my bio metrics taken before and I have to go for one more biometrics when the dates are current.

[Jonty Rhodes]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

[mesan123]

I thought most people who have filed I-485J have gotten receipt notices within a few weeks, or am I missing something? I got mine within a month or so of filing it in the first week of Oct but it could also be because I was one of the early applicants and since then things have log jammed up pretty good.

I didnot get it yet, got other reciepts and EAD/AP approved too... one of my friend who applied same week as me in Oct got his 485 J recipet 3 weeks ago.

There is no consistency, when i called uscis regarding the same , one officer told i will not get other told to email lickbox. No clue on how they are doing

[YTeleven]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

Hi Jonty,

Good that you downgraded to EB3 even you missed the current date by just 5 days.
I was strongly advocating for downgrade in this forum for several years before covid.
I do support of your decision of premium processing for I140 now.
Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

[mesan123]

I got mine in early Feb, while the rest of the receipt notices were received in Nov/Dec itself. hoping i will get my I-485 J reciept no this month. I checked with my law firm, they mentioned i should get one, as normally they do generate a reciept for that too. Because of USCIS lag they are seeing too much inconsistencies altogether.

[mesan123]

Saw an Approval for Dec9 2009 on the first day of the being current in telegram group.
Which group.. can you ping me the group link ..Thank you

[Jonty Rhodes]

Hi Jonty,

Good that you downgraded to EB3 even you missed the current date by just 5 days.
I was strongly advocating for downgrade in this forum for several years before covid.
I do support of your decision of premium processing for I140 now.
Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

Thank you, YTeleven. I appreciate your prompt response. I will reach out to my attorney and push him for premium processing.

Thanks again.

[qesehmk]

Quick question regarding premiums processing of downgrade I-140.

My PD is May 20, 2011, in EB2. I missed my date by 5 days. So I downgraded to EB3 in late October 2020. I have received I-485/I-765 and I-131 notices so far. My case status shows fingerprint fee received but I haven't got any biometrics appointment yet.

Based on the movement of PDs in the visa bulletin and future predicted movement, do you guys recommend updating the EB3 I-140 for premium processing at this time?

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.

I am a physician with the same employer for last 10 years. So my case is very straightforward. But my attorney is very conservative and usually very reluctant to do anything that's even remotly aggressive.

I am just amazed Jonty physicians have the same priority. Well ... what can you do? Good news is, you will be greened quickly now. Godspeed.

[texas_]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

[android09]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

Interesting nugget from the site - USCIS Receive 50,000 phone calls to our toll-free phone line and more than 150,000 inquiries and service requests via online accounts and digital self-help tool

I?m willing to bet half of those calls and the Emma digital requests were made by folks who?s date became current in Oct 2020 :)

[19YRSNOGC]

tried to send you details,got error
https://t.me/joinchat/XfTsBhwvW4YyODU5

[19YRSNOGC]

Which group.. can you ping me the group link ..Thank you
https://t.me/joinchat/XfTsBhwvW4YyODU5

[vsivarama]

If the dates move in EB3 beyond my PD, I don't want to have a pending I-140 at that time and I am thinking that updating to premium processing makes sense but I am worried about an RFE and then further delays with possible rejection for some reason. Also if the dates are definitely not gonna move then I can wait. But just wanted to have some clarity regarding this from you guys.


Prediction of PD is anyone's best guess so I cannot help you there. While there is a good chance of PD movement you most definitely cannot take it to the bank. As far as RFE's/rejections are concerned think of it this way, How does it help your case to get an RFE/rejection a year from now (in normal processing) because Premium does not change the result of your case.

[Jonty Rhodes]

I am just amazed Jonty physicians have the same priority. Well ... what can you do? Good news is, you will be greened quickly now. Godspeed.

Thanks, Q. Yes, almost all physicians also qualify under EB2 only. There are estimates that approximately 15,000-20,000 Indian physicians across the US are currently backlogged. Some of them may have upgraded eventually to EB1A or EB1B but that percentage remains smaller overall. Most physicians post-2014 are on J1 visa (since there are fewer and fewer training programs that offer H1Bs) and are doing their J1 waiver jobs and the newer ones are still in training. In my midsize town only, I know at least 30 Indian Physicians who are backlogged. I have at least 2011 date so have some hope. But I have talked to some physicians who are graduates with their PDs in 2016-2017. They have absolutely no hopes of getting a green card in the next 15-20 years.

[Jonty Rhodes]

Prediction of PD is anyone's best guess so I cannot help you there. While there is a good chance of PD movement you most definitely cannot take it to the bank. As far as RFE's/rejections are concerned think of it this way, How does it help your case to get an RFE/rejection a year from now (in normal processing) because Premium does not change the result of your case.

I agree and that makes sense. If there is a rejection, I would rather know now than find out a year later. As I have said, I am personally leaning towards upgrading to premium. I will contact my attorney.

Thanks for your input.

[AceMan]

Hi Jonty,

Based on my predictions your date will get current (FAD) in EB3I by end of this year so it is better to be ahead in the race by clearing the I140.

I have a different take on this. With the embassies closed now, Eb2 has the potential to go past May 2011 by July bulletin.

[maverick2010]

Friends, Any idea on which/why I-485 applications go to Missouri Service Center(National Benefits Center). I'm from Dallas and my I-485 application was sent to USCIS, Lewisville, Texas drop box.

PD: EB2 India, Sep 2010

Thanks!

[android09]

I have a different take on this. With the embassies closed now, Eb2 has the potential to go past May 2011 by July bulletin.

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

[Turbulent_Dragonfly]

Friends, Any idea on which/why I-485 applications go to Missouri Service Center(National Benefits Center). I'm from Dallas and my I-485 application was sent to USCIS, Lewisville, Texas drop box.

PD: EB2 India, Sep 2010

Thanks!

They do this as part of load sharing between service centers.

https://www.aila.org/infonet/uscis-announcements-of-workload-transfers

[Mgajsk]

Finally received my EAD.

PRIMARY APPLICANT
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)
Combo card Approval update: 02/12/2021
Card Received : 02/27/2021


SPOUSE Status
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021
Case closed update : 02/12/2021 No Approval
Customer service opened Ticket : 02/17/2021

Spouse needed an EAD to restart her job which she lost because of her H4EAD being still in process. Vermont center will not reuse 1-765 finger prints for H4EAD .. Ridiculous!!

Thanks to All the Gurus ( @qesehmk, @Idliman, @VSivarama and others.... ) for being a voice of reason for me all this years when frustrated with the process.

no on to next phase .....

[AceMan]

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

Why not? EB1 filing date was September 2020 at the start of FY. The final dates is already at August 2020 within 5 months, and will be current in the next bulletin. It is the start of 3rd quarter and where do you expect the spill over to go? EB3? Do not accuse me of the EB3 bias here as this person has date beyond May 15 2011 which is after my February 2011 PD.

We got more than 3 months movement for March bulletin. If we get a 4+ month movement for the next 3 bulletins which is highly possible with EB1 current and no additional demand from anywhere, the final dates would be at May 15th 2011 at the beginning of the 4th quarter of this FY.

I am not sure why people cannot see this, rather obsessed with downgrading, adding premium, filing more 485. All these steps make your lawyer rich and you get a feel of doing something with nothing in return.

[maverick2010]

Really? Would DoS and USCIS really move dates beyond the FA of May-15, 2011 for the financial year? Or are you speculating for EB3I ? What gives ?

If USCIS becomes extremely efficient starting now and tries to not waste the spill over numbers, then.....Will it happen? too many variables in this equation to draw conclusion at this point:) Anything is possible though...

[EB32010]

Finally received my EAD.

PRIMARY APPLICANT
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)
Combo card Approval update: 02/12/2021
Card Received : 02/27/2021


SPOUSE Status
PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021
Case closed update : 02/12/2021 No Approval
Customer service opened Ticket : 02/17/2021

Spouse needed an EAD to restart her job which she lost because of her H4EAD being still in process. Vermont center will not reuse 1-765 finger prints for H4EAD .. Ridiculous!!

Thanks to All the Gurus ( @qesehmk, @Idliman, @VSivarama and others.... ) for being a voice of reason for me all this years when frustrated with the process.

no on to next phase .....
Why no EAD approval for spouse? Did you check why? And H4EAD doesn?t need fingerprints. I am in same situation as you. I am waiting for biometrics for 485 and H4EAD is in progress at Vermont. H4 is approved

[Turbulent_Dragonfly]

If USCIS becomes extremely efficient starting now and tries to not waste the spill over numbers, then.....Will it happen? too many variables in this equation to draw conclusion at this point:) Anything is possible though...

You can take this info with a grain of salt, but there are multiple EB2-I Oct/Nov 2009 folks on trackitt who got their I-485s approved yesterday, the first day they got current. So there is some hope if you can believe these posts.

[Mgajsk]

Why no EAD approval for spouse? Did you check why? And H4EAD doesn?t need fingerprints. I am in same situation as you. I am waiting for biometrics for 485 and H4EAD is in progress at Vermont. H4 is approved

We called 1800 number. They said they send it back to NBC center and us a ticket number. we were informed to expect a call in 15 days. Otherwise call again.

[AceMan]

You can take this info with a grain of salt, but there are multiple EB2-I Oct/Nov 2009 folks on trackitt who got their I-485s approved yesterday, the first day they got current. So there is some hope if you can believe these posts.

One of my old coworker/friend who downgraded in 2018 to EB3 with a November 09 PD, got his I-485 approved yesterday. He had a prior EB3, got EB2 when he changed jobs, and he downgraded couple of years back.

It might be a coincidence, he has been current in EB3 for 5 months, he did not get his GC, but got his 485 approved on the first day EB2 got current.

I am not ready to brag on my theory of USCIS ignoring the downgrades for GC with a single case.

[EB32010]

We called 1800 number. They said they send it back to NBC center and us a ticket number. we were informed to expect a call in 15 days. Otherwise call again.
Thank you and pls keep us posted on the development.

And thank you Q for providing this site for all of us. It?s incredibly helpful.

[sudiva]

https://www.uscis.gov/about-us/a-day-in-the-life-of-uscis
No mention of interviews USCIS Canceled conducting interviews now a days after Biden took over.?

Where does the interviews take place? ASC? If yes, below is the only mention of them.
* Fingerprint and photograph 10,000 people at 131 application support centers.

[qesehmk]

thank you Q for providing this site for all of us. It?s incredibly helpful.

It's really a community effort by people who are expert as well as helpful !

[maverick2010]

All,

Latest I-140 data below - please ignore if someone already posted

Approved Employment-Based Petitions Awaiting Visa Availability:
https://www.uscis.gov/sites/default/files/document/data/EB_I140_I360_I526_performancedata_fy2020_Q1_Q2.pdf


Number of Petitions and Approval Status By Fiscal Year Received
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf

[getsaby]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

[nbk1976]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

I will let experts address the details. I just want to say regarding your thought of ignoring RFE #1: NEVER ignore what they are asking for, even if it is not applicable. Say it is not applicable, and say why. Since they are asking for proof of original employment, send them the form J with a company letter.

I would STRONGLY urge you to hire a competent attorney to reply on your behalf. This is the last piece of information they are seeking before the GC is issued. You do not want to mess this up.

Many good attorneys will not charge beyond a few hundred dollars for this. My attorney charges $750 for AOS handling.

[AceMan]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

It looks like USCIS has clearly mentioned of what they require and you appear to have a clear idea of what you are doing. Except for 485-J which has to be signed by employer, everything else in the RFER is in your control.

However if it was me, I would definitely get the service of a competent lawyer and I personally will verify every single line or points in the RFER being submitted. It is my GC petition and I would ensure the accuracy over the lawyer fees.

[idliman]

Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Your FA dates are current. The moment USCIS AO reviews your RFE reply, He/She is going to approve your GC. As an analogy: You had already made your train journey and various TTE's have validated the journey in the last 9+ years or so. Now as a final step, you deboarded the train and you are waiting for station staff to check ticket on exit. Just get an attorney, pay whatever it takes and get out of the green card backlog and enjoy freedom. Do whatever it takes.



I would STRONGLY urge you to hire a competent attorney to reply on your behalf. This is the last piece of information they are seeking before the GC is issued. You do not want to mess this up.

I agree.



However if it was me, I would definitely get the service of a competent lawyer and I personally will verify every single line or points in the RFER being submitted. It is my GC petition and I would ensure the accuracy over the lawyer fees.
I agree.

If it was just I-693 and G-325A RFE, you might have attempted it yourself. They are also asking for employment, I485-J or attestation of permanent job offer from your side. Something in your application made the AO to ask for confirmation. So give the AO what He/She wants. Good Luck.

[LeoAugust]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

[qesehmk]

I concur with others. Unless you are in a financial stressful situation - suck up the expense - and just spend the money.

If you are in a financially troubled situation then go ahead and do it yourself. IT is not too complicated. IMHO The real value of lawyer is not accuracy or knowledge in this case, the real value is simply having a lawyer stand by you.


Need RFE help, lawyer is asking $$$ to reply. This is what they have requested below, can anyone help me on how to go about it.

Do I have to write a cover letter, explaining about all points 1 through 4. Since I am with the same employer, should I just ignore point 1, or get the letter from my employer again.


1. The record establishes that you are the Principal Applicant of an Employment-Based (EB) Form 1-485, Application to Register Permanent Residence or Adjust Status. On August 15, 2018, USCIS received your most recent Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), confirming the job offer with XYZ Corporation for the position of ABCD .

IF your intended permanent employment is different from the job offer specified in your most recent Supplement J, please submit a properly completed and signed Supplement J showing that the offer of intended permanent employment as stated in the Form 1-140 petition continues to exist or that you intend to port to a new offer of employment in the same or similar occupational classification as the job specified in the underlying Form 1-140.

2. For the record, please submit a properly completed, updated Form G-325A, Biographic Information form.

3. Please submit proof of your continuous employment authorization in the U.S. from June 22, 2020 to the present. Such evidence may include copies of
a) Employment Authorization Documents (Forms 1-688 or 1-766) granted to you by this Service;
b) Form 1-797 approval notices, showing you were granted status in an employment-authorized nonimmigrant classification; and/or
c) Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an employment-authorized nonimmigrant status.

4. The validity of the most recent Form 1-693 (medical examination report) that you submitted to USCIS has expired. Please submit a new Form 1-693 completed by a designated civil surgeon to this office together with a copy of this notice. Including a copy of this notice with your Form 1-693 will facilitate matching the medical report with your file.


Thanks for your help!

[jackryan041815]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

This is really interesting especially this paragraph "And finally, we understand the President?s very strong message, as laid out in his initial actions on immigration, in particular Executive Order 14012 on Restoring Faith in Our Legal Immigration Systems. The State Department is committed to do everything we can to resolve the backlogs and complete the visa process as efficiently as possible within the process designed to secure our nation?s borders." Does this mean they are committed to moving dates ? TBH I could care less about receiving card in hand lol, more concerned about my son aging out in 2ish years as I am hoping that age is frozen when dates get current. However, it would obviously be great if they process cases as per that paragraph.

[idliman]

This is really interesting especially this paragraph "And finally, we understand the President's very strong message, as laid out in his initial actions on immigration, in particular Executive Order 14012 on Restoring Faith in Our Legal Immigration Systems. The State Department is committed to do everything we can to resolve the backlogs and complete the visa process as efficiently as possible within the process designed to secure our nation?s borders." Does this mean they are committed to moving dates ? TBH I could care less about receiving card in hand lol, more concerned about my son aging out in 2ish years as I am hoping that age is frozen when dates get current. However, it would obviously be great if they process cases as per that paragraph.
I would like to see next months VB to see if DOS is actually going to aggressively move FA dates. I have not bought into to the 180 degree about turn yet. On the GSiskind's tweet, he had linked a CNN article on the immigration law status. It looks like there are two groups of thoughts (legislators) on house Dem side. The first set of congressman/woman wants to present the existing bills from the last congress (e.g., DREAM bill) and get them in before April 1st so that they can bypass the committee process . The second group is going for everything (read GCs for everyone in the country) stated in Pres JB's immigration bill outline and maybe more. Of course, if you go with the second set, it is not going to pass Senate and they will not have anything positive to show to constituents. Funny that in the entire process, legal immigration is not given that much importance. The big ticket items are concerning DACA and illegal immigration.

For the sake of back loggers, I hope they go with approach 1 to get something done than hogging news cycles for the next 6 months and end up getting defeated in the Senate. We have seen this movie many times where the Hero defeats the villain's (story presenting back loggers as villains taking jobs from Citizens) in the Climax.

[AceMan]

Can we expect one more SO this year on Oct21 VB ...?

https://twitter.com/gsiskind/status/1366948108651925513

www.state.gov/briefing-with-consular-affairs-acting-deputy-assistant-secretary-for-visa-services-julie-m-stufft-on-the-current-status-of-immigrant-visa-processing-at-embassies-and-consulates/

75,000 vs 473,000 in 13 months must be only reason why the interviews are not being enforced.

[Transformer]

75,000 vs 473,000 in 13 months must be only reason why the interviews are not being enforced.
This is the snippet from the briefing:
By way of statistics, in January 2020 there were about 75,000 immigrant visa cases pending at the National Visa Center ready for interviews. Thirteen months later, in February 2021, there were 473,000 – about six to seven times greater.

I believe the 473K they are talking about is the NVC number and that doesn't include any of the AOS petitions filed after October in EB. I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

[AceMan]

This is the snippet from the briefing:
By way of statistics, in January 2020 there were about 75,000 immigrant visa cases pending at the National Visa Center ready for interviews. Thirteen months later, in February 2021, there were 473,000 – about six to seven times greater.

I believe the 473K they are talking about is the NVC number and that doesn't include any of the AOS petitions filed after October in EB. I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

Help me understand how the numbers ballooned to 473 K in NVC when the embassies were closed for majority of the year? I am missing something here.

[Transformer]

Help me understand how the numbers ballooned to 473 K in NVC when the embassies were closed for majority of the year? I am missing something here.
I am wondering the same but I am only quoting what he said.

[qesehmk]

I am wondering the same but I am only quoting what he said.

because it's a pipeline from consulates to NVC. Consulates had 473K in the pipeline they feed to NVC. Even after they stopped taking in applications in person they emptied the pipeline into NVC

[Turbulent_Dragonfly]

I think in person interviews are mandatory for NVC cases. If Biden admin is prioritizing the NVC cases, I think we can expect very little spillover from FB next year.

Yes Consular petition needs interview.

But just because NVC cases are prioritized, does not mean they will be able to consume the visas in 7 months that they used to do in 12 months. So there is going to be a non-zero spillover going to happen, how much will be the question. We got 120k+ spillover when everything shutdown half way into FY2020. I will be surprised if we don't get at least 100k, if not more for FY2022 unless they change the law.

[3nov10]

Hi Gurus,

I am a long time reader, first time poster.

My PD is Nov 3 2010 EB2. I was not able to file for AOS in Oct because I changed my job (twice) and the PERM from the latest employer is not approved yet. PERM was filed in July 2020, I am hoping to get it approved in this month (trackit data). I believe, I will be able to file the I-140 in premium(or am I wrong.)

My question is should I file in EB3 or EB2.

[aGCHopefull]

Yes Consular petition needs interview.

But just because NVC cases are prioritized, does not mean they will be able to consume the visas in 7 months that they used to do in 12 months. So there is going to be a non-zero spillover going to happen, how much will be the question. We got 120k+ spillover when everything shutdown half way into FY2020. I will be surprised if we don't get at least 100k, if not more for FY2022 unless they change the law.

Probably a naive question, who conducts those interviews for consular petitions? USCIS field offices in US or consulars in various consulates?

How does that impact AOS processing for this year?

[qesehmk]

Probably a naive question, who conducts those interviews for consular petitions? USCIS field offices in US or consulars in various consulates?

How does that impact AOS processing for this year?

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

[aGCHopefull]

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

Thanks Q for explaining. So, as consulates are opening up and, if they prioritize CP interviews, they would start consuming FB Visa for current FY. That would result in lesser SO for EB next FY. As others have mentioned, that would depend on at how much capacity they operate on going forward for rest of this FY. right?

[bones20]

Hi Guys - sorry one more ac21 related question: can you do an internal job change within the same company within 180 days of AOS filing?

[Moveon]

Hi Guys - sorry one more ac21 related question: can you do an internal job change within the same company within 180 days of AOS filing?

Yes that would be safe as long as it is in a related function. Eg: moving from one engineering group to another . Reallocation of resources happen all the while at companies and this would be no different . If you are getting promoted from say Staff to Sr Staff Engg along with that , it would be very safe to .
Best of luck

[bones20]

Yes that would be safe as long as it is in a related function. Eg: moving from one engineering group to another . Reallocation of resources happen all the while at companies and this would be no different . If you are getting promoted from say Staff to Sr Staff Engg along with that , it would be very safe to .
Best of luck

Its not a promotion but a lateral move.

[LeoAugust]

consulates abroad conduct it and that's why the FB visas are going unused because consulates are still not operating normal.

It has ZERO impact on AOS processing because AOS is USCIS thing, CP is DOS thing. Unused CP FB visas will benefit EB quota next year. That will be a huge benefit to EB as a whole (just like this year).

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

[qesehmk]

Thanks Q for explaining. So, as consulates are opening up and, if they prioritize CP interviews, they would start consuming FB Visa for current FY. That would result in lesser SO for EB next FY. As others have mentioned, that would depend on at how much capacity they operate on going forward for rest of this FY. right?
Capacity, policy and executive push. This administration is determined to undo negative effects of prior administration as well as COVID. That means they will do everything they can do reduce backlogs from last year. How much can be done remains to be seen since they also need to consider, above else, their own employee well being (i mean consulate employees).

So the more favorable conditions arise, fully expect DOS / USCIS to work overdrive to reduce backlog here and abroad. One negative side effect on EB of course is that it will reduce FB->EB spillover. But I do expect significant visas to EB next year as well.

[AceMan]

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

2021 FY would be a windfall year like never before. We had 261,000 visas in EB where a huge majority will be available for Eb India due to the continued covid situation. EB1 India had more than 30 K approved 140's one year back. All of them appeared to be cleared. A similar numbers applied to EB2 has the potential for dates till May 2011 this FY.

For 2022 FY, you have to count the embassies reopening and the demand it going to bring in. If you have covid conditions of now still hanging on till early 2022, EB2 I can progress max to 2013 or 2014 depending on how many downgraded.

[qesehmk]

Do you see, it will be more than ~120K this year during Sep-VB and if it happen can we guess the EB2/3 to cross 2013 at least ?

We can say definitively probably around end of April.

[MidWestMaverick]

AceMan, trying to understand your statement - assuming another 100K+ spillover is available in FY22, and with minimal downgrades, where do you think EB-I will end up? (I guess EB2 and EB3 India will have same/similar FA dates in the future)

[LeoAugust]

2021 FY would be a windfall year like never before. We had 261,000 visas in EB where a huge majority will be available for Eb India due to the continued covid situation. EB1 India had more than 30 K approved 140's one year back. All of them appeared to be cleared. A similar numbers applied to EB2 has the potential for dates till May 2011 this FY.

For 2022 FY, you have to count the embassies reopening and the demand it going to bring in. If you have covid conditions of now still hanging on till early 2022, EB2 I can progress max to 2013 or 2014 depending on how many downgraded.

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

[LeoAugust]

We can say definitively probably around end of April.

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?

[AceMan]

EB1 is expected to be current till October 2022 for the entire world. Whatever happens beyond that depends on how the economy of the US moves over next 18 months.

[AceMan]

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

I want to see the usage for 3rd and 4th quarter of 2021 before going to FY22 as it will have the cascading effect.

[qesehmk]

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?
Sorry I no longer do any of these calculations manually.

Others on the forum do manual calculations. Perhaps they can answer.

[Moveon]

Its not a promotion but a lateral move.

As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

[mr00us]

Thanks. If we get similar or more for FY22 on OCT VB do you see a chance for Eb2/3 touching 2013-Dec... as Final action date...

Here is what I presume would be the status at the end of FY2021. I will visit back to see how close these back of the napkin calculations are

With down port as 20% in 2010
and
3 down port scenarios- 20%, 25% and 30% in 2011

----------------------------------------|-------|------20%----------25-------------30--------|-----------------
EB3 prediction ( by end of fy2021) 1-May-11 * 15-Apr-11 * 15-MAr-11
EB2 prediction ( by end of fy2021) 1-May-11 * 15-May-11 * 1-Jun-11
----------------------------------------|-------|-----------------------|----------------------------------------
* Above analysis does not take for account any visa wasted by USICS
* This is without adding any spillover from EB1
* For every 1000 spillover from add 15 days to EB2

[ak7419]

https://www.politico.com/news/2021/03/04/democrats-house-immigration-plan-473475

"A dismal whip count came back this week showing House leaders don’t yet have the votes to pass the bill on the floor."

"Top House Democrats have promised to put key immigration bills on the floor this month — but President Joe Biden’s sweeping overhaul won’t be one of them."

"So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support."

"Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks — one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate."

[LeoAugust]

Here is what I presume would be the status at the end of FY2021. I will visit back to see how close these back of the napkin calculations are

With down port as 20% in 2010
and
3 down port scenarios- 20%, 25% and 30% in 2011

----------------------------------------|-------|------20%----------25-------------30--------|-----------------
EB3 prediction ( by end of fy2021) 1-May-11 * 15-Apr-11 * 15-MAr-11
EB2 prediction ( by end of fy2021) 1-May-11 * 15-May-11 * 1-Jun-11
----------------------------------------|-------|-----------------------|----------------------------------------
* Above analysis does not take for account any visa wasted by USICS
* This is without adding any spillover from EB1
* For every 1000 spillover from add 15 days to EB2

Thanks. Close to 40-50K applications downgraded from Eb2-EB3 for SRC. Not sure how they are distributed across 2010/11/12/13/14 and some of the applications gone to Nebraska. Not sure if this guesstimate number brings any impact.

[H1b2006]

I want to see the usage for 3rd and 4th quarter of 2021 before going to FY22 as it will have the cascading effect.

Guys only challenge is timelines in whivh USCIS is working there are plenty of numbers available in Q3, q4 in 2021 and Q3,Q4 2022.

If receipting , biometrics, interview waiver is not done usage will be less in 2021. Hope it will be high.in 2022 q3,q4.

[H1b2006]

If they can allocate numbers and issue GC 6months later wastage will be less.

[getsaby]

Hello

Does any one know, is there a time limit on how long we can keep signed I693 form with us.

[vsivarama]

https://www.politico.com/news/2021/03/04/democrats-house-immigration-plan-473475

"A dismal whip count came back this week showing House leaders don?t yet have the votes to pass the bill on the floor."

"Top House Democrats have promised to put key immigration bills on the floor this month ? but President Joe Biden?s sweeping overhaul won?t be one of them."

"So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support."

"Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks ? one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate."

I would not hold out hope for any sweeping immigration reforms. Pretty early into the Biden administration they have showed that they fold pretty easily on the very few things they promised (apparent by Covid relief bill). The $2000 check became $1400, to be sent out immediately became 3-4 months from taking charge, additional means testing included which further restricts who can avail the money. $15 minimum wage gone for good. This gives a pretty good picture as to how immigration will be handled. It's on us to keep up the pressure.

[raradhya]

Hello

Does any one know, is there a time limit on how long we can keep signed I693 form with us.

If you are submitting with in 60 days of the I-485 filing then its valid for 2 years. otherwise each subsequent I-693 is valid for 1 year from the Surgeon's signature

[idliman]

If you are submitting with in 60 days of the I-485 filing then its valid for 2 years. otherwise each subsequent I-693 is valid for 1 year from the Surgeon's signature
Per USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4), if you submit I-693 after 01NOV2018, it is valid for 2 years. If you submitted before 01NOV2018, it is expired as of now.

Form I-693 Submitted to USCIS on or After November 1, 2018



When did civil surgeon sign?

I-693 retains evidentiary value through



No more than 60 days before applicant filed underlying benefit application with USCIS

2 years from date civil surgeon signed I-693



After applicant filed benefit application with USCIS

2 years from date civil surgeon signed I-693



More than 60 days before applicant filed benefit application with USCIS

N/A ? I-693 not valid at time applicant submits I-693 to USCIS

[rocketfast]

Looks like guys at the below link are crawling the USCIS status pages to get data. For e.g., according to them, for 21% of the I-485 cases applied in October 2020, fingerprints have been applied. And for cases applied in Jan 2020, only 20% have gotten their green cards - which feels pretty low.

https://www.greencardly.com/#/I-485

[H1b2006]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.

[rabp77]

Thanks. Can I please ask how much guesstimate SO will allow EB2/3 to reach Dec-2013...?

I would think we would need two things for that to happen before oct-2022
- utilization of spill over for FY2021 should be complete or close to complete. We will likely know about this only after Oct-2021.
- Spill over for 2022 should be along simlar lines as the spill over we saw for Fy2021. This is probable, but we will need to wait a bit to get confirmed numbers after Oct 2021.

So in short, although its possible for dates to reach Dec2013 by Sept 2022, we will have much more clarity about this sometime in Oct 2021.

I would think EB2 likely is going to move faster once the FAD reaches july 2011, as most people would be in EB3 queue after that. Although theoretically dates should move together, we have rarely seen that happen in the past, because many people are unwilling/unable to switch between lines for various reason.

[phillygc]

Hello,

PD EB2 June 2011, Unable to file AOS, due to perm approval pending. Hoping to get approval in next 2-3 months. Also hope to file AOS by Oct 21 in any one category, If they allow filing dates. some one advised to ask for 2 140 applications.. My attorney goes by book of rules, Just need to be sure if its valid ask. also if its make sense to file at EB3 or take chance and wait for Eb2. I know lot of unknowns, we get clear idea after 3-4 months how dates progress. typical FOMO syndrome. I want other's opinion. how they would think and plan out in this scenario.. Inputs or comments are appreciated. thanks.

[H1b2006]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.
Guys any update on this if old employer -Employer A,is ready to giv 485J
Can the beneficiary file himself. How will you justify why did you left Employer A before.

[incredible]

Guys any update on this if old employer -Employer A,is ready to giv 485J
Can the beneficiary file himself. How will you justify why did you left Employer A before.

Some one might have replied already in the past. Once you get the employer part of the 485J, you can fill the rest and file yourself. But my advise would be to go through an attorney. If your dates are close to be current or current, no point looking for filing as Attorney may probably support you in case any questions asked, etc.

[H1b2006]

Okay Thank you.

[H1b2006]

Some one might have replied already in the past. Once you get the employer part of the 485J, you can fill the rest and file yourself. But my advise would be to go through an attorney. If your dates are close to be current or current, no point looking for filing as Attorney may probably support you in case any questions asked, etc.
When my old employer gives I485 J and when i file it do i need to start working for Employer A soon after filing or after getting the GC?

do i need to work at the work location as perm filed location or can i work at any work location.

[gcracer]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.

Only 485J and experience letter.

[LeoAugust]

I don't know when you had sent the L2 EAD renewal paperwork. A lot of H4 EAD folks have filed for EAD or renewal and are waiting for 6+ months. So it would be very difficult to convince USCIS to expedite (and a ton of recent I485 applicants). I would say a typical EAD renewal now-a-days takes 3 to 6 months. You can look at trackitt to get an idea of who recently got approved.

As your husband is facing "economic loss" and potential "loss of job", your best bet would be to go through your local congressman / senator. Pick only one person and don't go to multiple congressman at the same time. Present your case to the congress staff that you are facing a difficult situation and ask for their help. If they are convinced enough, they will pull the strings for you. Present family hardship, loss of health insurance, No DL so cant' drive cant get food or any angle to convince the congressional staff. But make sure that you have something to back it up, if they ask for proof.

I am sorry that you have to face this situation. The US immigration is like a massive aircraft carrier. It takes a lot of effort to keep on things on track, but once you build the momentum things will run smooth.

Added: Lesson's learned. I would advice everyone to look at the EAD Template Renewal Thread and setup timely 6 month and 7 month reminders before EAD expires. I assure you that if you delay renewal, you will be stressed and praying for a miracle. Why go through it, when you can prevent that situation by sending renewal timely. That's my wisdom based on past EAD renewal experiences.

We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...

[idliman]

We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...
I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

[LeoAugust]

I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

[bluelabel]

Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.

[AceMan]

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

[LeoAugust]

It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

Thanks for your kind words... Let your words comes true... (/\)
Sometimes I feel her career messed up coz of me. As you said... this time too will pass

[idliman]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.
Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

[qesehmk]

even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

My personal experience is 100% positive. Absolutely wonderful. Democrats and republicans both alike. America is great my friends. I say it from the bottom of my heart. Reach out to your representatives. Be respectful, be brief and to the point and be reasonable. You will see what makes this country great first hand.

[shekhar_kuruk]

Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.
That should be okay, the company does not want to disclose it. N/A should be fine.

[2011Feb]

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

[cancer24]

354 days and counting for both H4 and H4 EAD. Fingerprinting was done only last week.

[srimurthy]

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.

[Noesis]

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Same, Applied H4 (COS) and H4EAD in May 2020, Nebraska, still not approved, not even fingerprinting. Calls, SRs, Emails, D/L expiring in a week; Nothing helped. Applied for AOS and cannot wait to receive the EAD and be done with this.

[AceMan]

Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.


Even my spouse was lucky to get a good break like yours back then. It is really a sick joke for USCIS to send h4 EAD with past date while following the inhumane and cruel practice of making people to go through these unwanted stressful situations.

My co-worker's wife and a family member had to leave the job without a valid H1. Both of them got their H4EAD a week after they left the jobs with the original continuation dates from the previous H4EAD. Both of them are yet to get back to the workforce with their matching skills.

[ak7419]

Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?

[maverick2010]

Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!

[idliman]

@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?
As I-485 Supp J is part of the larger I-485 application, I think you would submit it to the same address that you had originally sent the I-485. Definitely write a cover letter explaining what you are submitting.

[idliman]

Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!
You have every right to fire / change your immigration attorney at any time. However, you need to inform USCIS of change. The new attorney will file a G-28 form and the status will show as "Name was Updated" after USCIS accepts it.

Will a change of attorney really help you? That's a different question. Usually attorneys work with the company and before companies share anything they have some sort of agreement covering both of them (such as NDA). So once you switch, it may make things difficult from the company side to get support. To downgrade or "interfile" or "change of underlying basis", you need access to I-140 and PERM job description. Another option is to file another "I-140" for EB3, keeping EB2 "I-140" intact. Think carefully, understand the whole process, understand what underlying documents you need and then switch.

Edit: I forgot the elephant in the room. To downgrade or not depends on your PD and some anticipation of future PD movement. Kindly put the PD or Service Center or your status in your signature. That will help the experts here to answer your downgrade question.

[idliman]

Lately, I have seen numerous posts with extremely long wait times. Q has a dedicated thread for congressional inquiry under I-485. That thread is not very active and most of the info there is dated around 2012 / 2014. I wanted to pass on my experience's to fellow backlogger's and have posted it under I-765. I had used this process to get a resolution for my pending EAD/AP a couple of times. If you are thinking of availing congressional inquiry, take your time to go through the following thread.

Overview of Congressman / Senator Inquiry Process (https://www.qesehmk.org/forums/showthread.php/2945-Overview-of-Congressman-Senator-Inquiry-Process)

Good luck everyone.

[Dallas111]

Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.

[Moveon]

Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.


while Predicting the GC time is speculation , you should get it this fiscal . Some say its given on the basis of the PD , some argue its on the basis of the RFE response receipt date etc. If you are lucky probably by April end .

About the financials you have mentioned . They have no bearing on the GC. You can proceed with your plans and if you have any questions on taxation of India income you should contact a CPA . What you are doing is totally legal as long as you pay the taxes .
Best of luck

[Moveon]

There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters :)

Q , I am not sure on these points. From what I understand anyone passing the "Substantial Presence Test" has to pay taxes on all income dometic or foreign . The IRS website seems to say so . Greencard holders and Citizens are treated at par for all tax purposes no diff . So if you have a GC and get permission to stay out of the country for 2 years , you will pay federal taxes for your income earned abroad. if there is a dual tax treaty then you will only pay the diff. Eg: Yiu are a GC holder in India and make a profit of 10K USD on some Mutual Fund and the Indian Govt only taxed you 5% while the US taxes 15%. You will pay India 5% and the US 10%. My friends have done this .

When it comes to taxes you are treated at par with with a US citizen the moment you pass the "Substantial Presence Test" . But for everything else you are a 3rd grade Alien. The Sad reality of legal immigration in the US.


https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status
https://www.irs.gov/individuals/international-taxpayers/classification-of-taxpayers-for-us-tax-purposes

Even when you return to India for good on HIB for that year you will need to pay US taxes
https://www.irs.gov/individuals/international-taxpayers/taxation-of-dual-status-aliens

No escape from Taxes . You might die without a GC after 50 years but they will take every penny due as if you are a citizen.

[srisri]

There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters :)

Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

[H1b2006]

GUYS when i input my receipt notice SRC-XX-YYY-ZZZZZ of my approved I-140 it says below error message. iam not sure if my I-140 is active, or revoked by my WITCH employer and what does below error message mean?
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283.

[qesehmk]

Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

Both - I always suspected if I have gone senile and you both confirmed it!

You are correct about tax treatment between resident and citizen. I totally confused something else with GC holder vs Citizen. I think I will delete my original post lest somebody reads it and does something wrong :)

[android09]

GUYS when i input my receipt notice SRC-XX-YYY-ZZZZZ of my approved I-140 it says below error message. iam not sure if my I-140 is active, or revoked by my WITCH employer and what does below error message mean?
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283.

Try putting it without the dashes as SRCXXYYYZZZZZ

[H1b2006]

Try putting it without the dashes as SRCXXYYYZZZZZ

Tried it without dashes too.

Raised ticket i will call uscis monday

Will emma able to give the status

[mesan123]

One of Telegram group i follow, a person with May 2011 EB2 got RFE for medicals & 944... hoping it to be good sign and 2011 people (both EB2 & EB3)be greened this year with the available visas

[idliman]

One of Telegram group i follow, a person with May 2011 EB2 got RFE for medicals & 944... hoping it to be good sign and 2011 people (both EB2 & EB3)be greened this year with the available visas
Mesan, Kindly pay attention to whether it is TSC or NSC. It looks like NSC is zooming ahead, sending RFEs and approving GCs. If your application happens to be in NSC, rest assured that you will get GC this year once PD is current.

I don't understand what's going on with TSC. Even before the recent weather event, their processing and approval speeds are slow. Are they understaffed for their workload or mismanaged? In the last year DT admin converted a few political appointees to permanent career positions. I sincerely wish one of the anti-immigrant admin is NOT siting as a Ninja and pulling the strings in TSC. Everyone's wish is that there should be some method to madness at USCIS. They should prioritize applications based on either Received Date or Priority Date.

Sorry to show my frustrations on you this fine Sunday morning.

[maverick2010]

You have every right to fire / change your immigration attorney at any time. However, you need to inform USCIS of change. The new attorney will file a G-28 form and the status will show as "Name was Updated" after USCIS accepts it.

Will a change of attorney really help you? That's a different question. Usually attorneys work with the company and before companies share anything they have some sort of agreement covering both of them (such as NDA). So once you switch, it may make things difficult from the company side to get support. To downgrade or "interfile" or "change of underlying basis", you need access to I-140 and PERM job description. Another option is to file another "I-140" for EB3, keeping EB2 "I-140" intact. Think carefully, understand the whole process, understand what underlying documents you need and then switch.

Edit: I forgot the elephant in the room. To downgrade or not depends on your PD and some anticipation of future PD movement. Kindly put the PD or Service Center or your status in your signature. That will help the experts here to answer your downgrade question.

Thanks Idliman! that was helpful. I'll make sure I enter my details every time when I post here on.

My Details- EB2 India - Sep 2010. Came to US in 2001 to do Masters - Journey is still going on...

[mesan123]

Mesan, Kindly pay attention to whether it is TSC or NSC. It looks like NSC is zooming ahead, sending RFEs and approving GCs. If your application happens to be in NSC, rest assured that you will get GC this year once PD is current.

I don't understand what's going on with TSC. Even before the recent weather event, their processing and approval speeds are slow. Are they understaffed for their workload or mismanaged? In the last year DT admin converted a few political appointees to permanent career positions. I sincerely wish one of the anti-immigrant admin is NOT siting as a Ninja and pulling the strings in TSC. Everyone's wish is that there should be some method to madness at USCIS. They should prioritize applications based on either Received Date or Priority Date.

Sorry to show my frustrations on you this fine Sunday morning. No worries... that is good to know. Mine is MSC ... where i fall? ��

[maverick2010]

The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

[srimurthy]

The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

You do not have to send the affidavits until an RFE is raised. But you can still get them done and they are valid based on the expiry date of the Notary attesting, usually 5 years in India. But there are some cases where they are valid with end date. And looking at the COIVD scenario, it may make sense to get the affidavits prepared and keep them ready. Also there is a separate thread on the content and details of an affidavit on the forum.

[jimmys]

The date of birth certificate I sent to USCIS is late registered(was not issued during time of birth) and it looks like USCIS will send an RFE asking for secondary evidence like parents/relatives affidavit (or) certificate of non-availability.

I'm thinking about having the affidavit ready now but my law firm is saying it really depends on the officer and recommending to wait and proceed based on RFE. Any thoughts on whether I'll get RFE for sure or it really depends on the officer?

Thanks!


PD:09/01/2010(EB2 I);RD-11/05/2020; ND-02/10/2021; MSC21907#####

I had the same problem but the USCIS never issued any RFE for me. When I asked my lawyer, he responded in many cases USCIS accepts the late registered birth certificate from India. If I were you I wouldn't fret much.

[incredible]

Number crunching done by a trackitt user (ABar15). An interesting read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2172664231/spillover-visa-numbers-caveats-bottlen/page/last_page. Copy pasted here below.

Spillover Visa Numbers: Caveats & Bottlenecks
Sources:
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

260,000 spillover visas from 2020:
Category Allotted visa
EB1 74932
EB2 74932
EB3 74932
EB4 18602
EB5 18602

2018 2019* 2020** 2021** Total
EB1 India 7,523; 7,181; 7,000; 7000; =28704
China 4,525; 2,689; 3,689; 3,500; =14403

EB2 India (2009-21) 6,674; 15,313; 22,286; 22,311; 21,440; 25,634; 32,702; 49,054; 42,359; 40,317; 44,000; 44,000; 44,000; =410090
China (2016-21) 7,472; 6,289; 8,036; 10,000; 10,000; 10,000; =51797

EB3 India (2010-21) 6,682; 6,929; 4,110; 3,455; 3,878; 6,451; 10,179; 8,868; 8,279; 10,905; 11,000 11,000; =91736
China (2017-21) 4,412; 4,200; 3,722; 3,500; 3,500; =19334

*2019 projection based on the pending cases
** 2020 & 2021 projections based on the 2016-2019 trend
=Total.

Observations:
Total approved EB1 I-140s for India=28000 & China=14500
EB1 vertical spillover to EB2 => 75,000
Visa numbers available to EB2=> 75000 + 32500 = 107,500
Total approved EB2 I-140s for China (up to 2020) = 41,500
EB2 Visas available to India => 107,500 - 41,500 = 65,500
Total approved EB2 I-140s (India) from 2009-2013 = 88,000; However, 20% of the approved visas might have upgraded to EB1 or downgraded to EB3. Therefore, active EB2 I-40s could be around 70,000.
If 1/3 of EB2 from 2013 to 2015 are downgraded to EB3, the number of downgrades would come around 25,000.
Total approved EB3 I-140s (India) from 2010-2016 = 41,500 & Downgrade from EB2 to EB3 = 25,000
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.
Bottleneck:
There are only 150 working days are left for USCIS in this year to process almost 260,000 visas. It means USCIS has to issue approximately 1750 visas every working day. It would be a daunting task for USCIS.
Caveats:
1. I am not sure about the USCIS policy about how it will distribute the 260,000 visas between India and China. In other words, would USCIS push India EB2 more aggressively over China?
2. I am not sure about how much El Salvador and Mexico would use the EB4 and EB5 visas. If any visas left in EB4 and EB5 will also undergo vertical spillover to add to the EB2.
3. The 7% visa quote from the current year still applicable to India and China. So, the visas from the current year also helps to move the EB2 and EB3 a little further.

[Zenzone]

Number crunching done by a trackitt user (ABar15). An interesting read.

https://www.trackitt.com/usa-discussion-forums/i485-eb/2172664231/spillover-visa-numbers-caveats-bottlen/page/last_page. Copy pasted here below.

Spillover Visa Numbers: Caveats & Bottlenecks
Sources:
https://www.uscis.gov/sites/default/files/document/data/I140_by_class_country_FY09_19.pdf
https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WEB_Annual_Numerical_Limits-FY2021.pdf

260,000 spillover visas from 2020:
Category Allotted visa
EB1 74932
EB2 74932
EB3 74932
EB4 18602
EB5 18602

2018 2019* 2020** 2021** Total
EB1 India 7,523; 7,181; 7,000; 7000; =28704
China 4,525; 2,689; 3,689; 3,500; =14403

EB2 India (2009-21) 6,674; 15,313; 22,286; 22,311; 21,440; 25,634; 32,702; 49,054; 42,359; 40,317; 44,000; 44,000; 44,000; =410090
China (2016-21) 7,472; 6,289; 8,036; 10,000; 10,000; 10,000; =51797

EB3 India (2010-21) 6,682; 6,929; 4,110; 3,455; 3,878; 6,451; 10,179; 8,868; 8,279; 10,905; 11,000 11,000; =91736
China (2017-21) 4,412; 4,200; 3,722; 3,500; 3,500; =19334

*2019 projection based on the pending cases
** 2020 & 2021 projections based on the 2016-2019 trend
=Total.

Observations:
Total approved EB1 I-140s for India=28000 & China=14500
EB1 vertical spillover to EB2 => 75,000
Visa numbers available to EB2=> 75000 + 32500 = 107,500
Total approved EB2 I-140s for China (up to 2020) = 41,500
EB2 Visas available to India => 107,500 - 41,500 = 65,500
Total approved EB2 I-140s (India) from 2009-2013 = 88,000; However, 20% of the approved visas might have upgraded to EB1 or downgraded to EB3. Therefore, active EB2 I-40s could be around 70,000.
If 1/3 of EB2 from 2013 to 2015 are downgraded to EB3, the number of downgrades would come around 25,000.
Total approved EB3 I-140s (India) from 2010-2016 = 41,500 & Downgrade from EB2 to EB3 = 25,000
Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.
Bottleneck:
There are only 150 working days are left for USCIS in this year to process almost 260,000 visas. It means USCIS has to issue approximately 1750 visas every working day. It would be a daunting task for USCIS.
Caveats:
1. I am not sure about the USCIS policy about how it will distribute the 260,000 visas between India and China. In other words, would USCIS push India EB2 more aggressively over China?
2. I am not sure about how much El Salvador and Mexico would use the EB4 and EB5 visas. If any visas left in EB4 and EB5 will also undergo vertical spillover to add to the EB2.
3. The 7% visa quote from the current year still applicable to India and China. So, the visas from the current year also helps to move the EB2 and EB3 a little further.

Good one. But where is the multiplier applied to the pending numbers. Am I missing it?

[vsivarama]

Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.


Unfortunately the math is all wrong for the following reasons.

i) EB1/EB2/EB3 is not just for India and China. I did not see ROW included in the calculations.
ii) China will NOT get more than 7% of available visas as India is the most backlogged country (in EB2/EB3).
iii) No of approved i140s is NOT EQUAL TO No of AOS applications. Most likely number of AOS applications = 2 X Approved i140s.

[AceMan]

Conclusion: As per my assumption, the EB1 will remain current hereon; EB2 may move up to 2015 by Sept 2021; and EB3 may move up to 2016 by Sept 2021.

I would love to see this kind of movement. But not happening.

[bones20]

As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

thank you!

[Noesis]

Finally got the checks cashed today morning. Never felt this happy after someone took the money :)
Hopefully receipt numbers would follow soon, if not, then Hello Emma.!
Nothing on the H4 and H4 EAD though, still pending with the same status after multiple Inquiries, follow ups, SRs, calls, Chat.

Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?

[Zenzone]

Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?

The fact that you got all your receipts means that you should be good as far as forms being in general good order. Also, even if you didn't share the A-Number, I suppose the supporting documents you may have provided for your spouse's legal stay in the US will usually have that information printed on them. For example, all I-797 notices do have the beneficiary's A-Number in them.

[Noesis]

The fact that you got all your receipts means that you should be good as far as forms being in general good order. Also, even if you didn't share the A-Number, I suppose the supporting documents you may have provided for your spouse's legal stay in the US will usually have that information printed on them. For example, all I-797 notices do have the beneficiary's A-Number in them.

Thank you much.

[idliman]

Got the receipts numbers today for 485, 765 and 131.
All from Nebraska Service Center starting with LIN (I had mailed the applications to Lewisville)

@Gurus, I have a question; My spouse's receipts have an A number different than mine; she has her own i140 approved but we didn't mention the A number on application since she is a derivative applicant in this case. Is this okay or a concern.?
You are lucky that it went to Nebraska. They are much faster with processing (when compared to TSC) and promptly send out RFEs for I-693 once they expire. A# or Alien Number is the equivalent of SSN for USCIS. It has to be different for all applicants.

Was your "Received Date" printed correctly in receipt notices?

[newsletter1978]

I applied 1485 on Oct 29. The receipt notice has MSC.. My wife got biometrics and got her EAD and advance parole. I got current in March bulletin but have not received biometrics appointment so far. Somehoe they processed my wife's and mine seperately. anyone on same boat?

[Noesis]

You are lucky that it went to Nebraska. They are much faster with processing (when compared to TSC) and promptly send out RFEs for I-693 once they expire. A# or Alien Number is the equivalent of SSN for USCIS. It has to be different for all applicants.

Was your "Received Date" printed correctly in receipt notices?

Got it. Thank you Idliman; much appreciated. Fingers Crossed. :)

Yes, Received Dates are printed correctly in all the receipt notices.

[bikenlalan]

With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

[ak7419]

With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

I am not sure on how they are issuing RFEs - I guess it depends on the service center. I am one of those with PD Sep 2009 who is current since November but have not received any RFE. I don't even know if my case is being handled by NSC or TSC - I just gave up at this point.

[iamdeb]

With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

[AceMan]

With all the predictions I am hearing from multiple sources, it seems everyone is expecting EB2I to get to March-May 2011. I saw in a telegram group that two folks whose PD falls within Feb and May 2011 have received RFE for medicals and they applied in Oct 2020 with fingerprint completion in Dec 2020. It is strange that many folks who have applied long ago with PD 2010 have not even received RFE yet. It will all come down to processing capacity and whose applications will be complete/respond to RFE soon by the time the file is picked up for adjudication should get greened this FY.

I personally know one person got an RFE for I-693. One or 2 requests do not quantify or enable us to conclude that we have an year as forward movement. Unless we have a big flow of RFE requests like what was seen for early 2010 couple of months back, I will be skeptical. It is already 9th of March and the RFE's should have flown in last week.

[mr00us]

can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf

[bikenlalan]

can you please clarify which source is predicting EB2I to get to March-May 2011? except for couple of folks in telegram group whose PD falls within Feb and May 2011 receiving RFEs for medicals, I haven't seen any reference to such a huge EB2I movement for upcoming month...

The predictions are not for the upcoming month but by the end of the FY (Sep 2021).

[LeoAugust]

--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf

34K i140 downgraded from Eb2-EB3(includes 2011/2012/2013/2014) from Oct-Dec 2020. In your calculation downgrades comes to 34k or less...

[1312011_eb2I]

If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

[bikenlalan]

If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

RN Law are one of the thugs in the litigation arena, I would not trust them to sue USCIS in good faith of the EB immigrants. Even if they do, it won't get them anything as USCIS can always use COVID as a reason to thwart the litigation.
Also, keep in mind the Siskind litigation back in 2015, it got nowhere.

[mr00us]

34K i140 downgraded from Eb2-EB3(includes 2011/2012/2013/2014) from Oct-Dec 2020. In your calculation downgrades comes to 34k or less...

Actually I have way too much than 34K for 2009-2014. If it makes any sense, anything down-ported after 2011 won't make much difference for FY2021, which is why I have split the down-port for 2011 in 3 sections (20, 25 and 30%). And these are just guesses. If you have actual data of down-porting by the year, please let me know and I can finetune my calculations.

As such these are things to make me feel better. At the end of the day, USCIS may waste a lot of these numbers and we will be held holding the bag anyways. :-)

[1312011_eb2I]

Hmm. Sisk is more about FB and DV. I think RandN do good job when it comes to EB , he does YouTubeing multiple times in a week to keep us updated.

[Djidondon]

Hi Gurus

Could anyone of you please direct me to the rabbit hole on how to predict spillovers for EB category ( EB3i or EB2i ) for fy2022

[Turbulent_Dragonfly]

If USCIS is not issuing EAD , it may be a good sign.
You may get GC directly. Attorneys like RandN are already planning to sue if they waste visa.

USCIS not issuing EAD is just a sign that they like to just take our money and not give timely service in return. They should have been named US Citizenship and Immigration Blackhole.

[LeoAugust]

Actually I have way too much than 34K for 2009-2014. If it makes any sense, anything down-ported after 2011 won't make much difference for FY2021, which is why I have split the down-port for 2011 in 3 sections (20, 25 and 30%). And these are just guesses. If you have actual data of down-porting by the year, please let me know and I can finetune my calculations.

As such these are things to make me feel better. At the end of the day, USCIS may waste a lot of these numbers and we will be held holding the bag anyways. :-)

Year wise we don't have. But total downgrade we were tracking from the feed. And it comes around 34K.

[LeoAugust]

Hi Gurus, One query... For Bio reuse for 765, will the FP be taken later during EAD renewal or when the primary becomes current, they will taken the final FP for 485?
Thanks

[rabp77]

Hi Gurus, One query... For Bio reuse for 765, will the FP be taken later during EAD renewal or when the primary becomes current, they will taken the final FP for 485?
Thanks

USCIS assumes finger print validity to be 15 months for any background checks (https://www.uscis.gov/adoption/suitability-and-home-study-information/background-checks). I did not have to redo fingerprints during EAD extension. But i dont have much data on this, so there may be a chance USCIS could request a fingerprint a second time for EAD extensions, but i have not seen this happen in the limited data i have for this.

[vsivarama]

The public charge rule has been stopped by a Chicago judge. Hope it stays that way. The i944 forms filed by us are now useless. Technically this is should speed up the processing for USCIS while adjudicating i485. Hope the interviews remain sidelined as well.

[LeoAugust]

USCIS assumes finger print validity to be 15 months for any background checks (https://www.uscis.gov/adoption/suitability-and-home-study-information/background-checks). I did not have to redo fingerprints during EAD extension. But i dont have much data on this, so there may be a chance USCIS could request a fingerprint a second time for EAD extensions, but i have not seen this happen in the limited data i have for this.

Thanks. In case of my friends who have EAD, they never go for FP for their EAD extension. But some of them when current going for FP for 485. That's the understanding I am getting and for 765, I dont this FP is required. when they are reusing FP it seems for EAD/AP it is not required.

[calking1975]

Hi experts,
Need your advice, I am following this website for a long time.
Here is my situation.
My PD is 06/25/2010 (EB2-I), I survived few layoffs and changed 3 employers in last 13 years, still no end to GC journey.
We filed I-485, EAD/AP on 10/20/2020, my I-1485 application is accepted with FP fee received date 11/20/2020.
My spouse and kid's applications rejected, due to missing information, refiled for family on 12/22/2020.
My employer lost contract with client, they have 7 months for transition till, (till Sept'2021).
My current H1B is expiring in Dec'21.
I still didn't get EAD, no finger print appointment yet, hoping to get 2-3 months.
My client is fine with me, so my options are
1. Continue with current employer till Sept, hopefully I get EAD mean time, so I can change employer using EAD (AC21), in this case I may not have H1b.
2. Change to other employer/vendor now with H1b transfer.

What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

I know so many questions, appreciate your suggestions.

Thanks.

[drop2ocean]

My wife has lost H4 EAD. Is there a way she can accept new employment while waiting for a replacement ? I hear it could take 4-8 months for the new one to come in.

We have applied for 1485 based EAD in Oct 2020 as well. Hoping that would come along soon.

[incredible]

Hi experts,
Need your advice, I am following this website for a long time.
Here is my situation.
My PD is 06/25/2010 (EB2-I), I survived few layoffs and changed 3 employers in last 13 years, still no end to GC journey.
We filed I-485, EAD/AP on 10/20/2020, my I-1485 application is accepted with FP fee received date 11/20/2020.
My spouse and kid's applications rejected, due to missing information, refiled for family on 12/22/2020.
My employer lost contract with client, they have 7 months for transition till, (till Sept'2021).
My current H1B is expiring in Dec'21.
I still didn't get EAD, no finger print appointment yet, hoping to get 2-3 months.
My client is fine with me, so my options are
1. Continue with current employer till Sept, hopefully I get EAD mean time, so I can change employer using EAD (AC21), in this case I may not have H1b.
2. Change to other employer/vendor now with H1b transfer.

What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

I know so many questions, appreciate your suggestions.

Thanks.

The chances in-general of 485 denial are low as long as all the general things are in order. It is the same which would deny primary H1 itself. That being said, your PD is not yet current for FAD. You may need to give it at-least 3 months or so of it being current to get greened. It may be possible that you may get greened by September, but also it may go to next year (Oct onwards). The one silver lining probably could be once it becomes current, it could stay current for long time (with spill overs etc.), so it may be greened any time after that. The first hope for you is to get the EAD. But you should not wait for it and initiate H1b with your employer and can discuss with them that you will join them after approval of H1b. Itself may take few months and you can continue to work with your company during that time and at the same time hoping for EAD. Both 1 and 2 can be in parallel for you. Neither has to be preferred than the other at least for the time being. Depending on which one comes first, you can take a call on that later. Other experts may weigh in here. Good luck.

[incredible]

The chances in-general of 485 denial are low as long as all the general things are in order. It is the same which would deny primary H1 itself. That being said, your PD is not yet current for FAD. You may need to give it at-least 3 months or so of it being current to get greened. It may be possible that you may get greened by September, but also it may go to next year (Oct onwards). The one silver lining probably could be once it becomes current, it could stay current for long time (with spill overs etc.), so it may be greened any time after that. The first hope for you is to get the EAD. But you should not wait for it and initiate H1b with your employer and can discuss with them that you will join them after approval of H1b. Itself may take few months and you can continue to work with your company during that time and at the same time hoping for EAD. Both 1 and 2 can be in parallel for you. Neither has to be preferred than the other at least for the time being. Depending on which one comes first, you can take a call on that later. Other experts may weigh in here. Good luck.

Just to clarify, when it was mentioned about #1 and #2 being parallel. You can ask your client to file for H1B without changing right away and inform that you will join them when either of the things happens (either EAD arrival and/or H1 approval). A

[H1b2006]

Hi guys received PWD after 6months, my new employer is doing recruitment now, for filing perm next month. SOC CODE i have in 2011 no longer exists, what precautions do i need to take to take a SOC which is similar to old SOC code and job duties and designation so that i will not face problems for 485 Supplement J later on.if i make sure job duties in 2011 soc code are inline in my recruitment is thast good enough

[AceMan]

Hi guys received PWD after 6months, my new employer is doing recruitment now, for filing perm next month. SOC CODE i have in 2011 no longer exists, what precautions do i need to take to take a SOC which is similar to old SOC code and job duties and designation so that i will not face problems for 485 Supplement J later on.if i make sure job duties in 2011 soc code are inline in my recruitment is thast good enough

I had my SOC Code 15-1132 used before and when I submitted 485 J in October, the number was 1133. I did not ask the attorney yet, but based on past information, I see no issues.

[H1b2006]

how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

[3nov10]

I had my SOC Code 15-1132 used before and when I submitted 485 J in October, the number was 1133. I did not ask the attorney yet, but based on past information, I see no issues.

Ace, my new employer also applied a new perm for me (July 2020 - not approved yet).
I always thought this is a new perm for a new job. Why does it need to be in-line with the old SOC code. Does it have implications on porting the date when we apply I-140?

[vsivarama]

What are the chances of I-485 denial, if I can't get H1b employers, continue with EAD.
What are the chances, my GC approved by Sept'21.

Thanks.

Most of the i485 denial cases are because the underlying i-140 was denied. There are very few i485 denials after i140 is approved and usually the reasons have to be pretty egregious like fraud or felony. So it's pretty safe to switch over to EAD. Your chances of getting GC are pretty good this FY. But you need not be in a hurry, since the petition for your spouse and kid were filed a couple of months later. Their applications are potentially running behind your application.

[incredible]

how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

I think these things are based on experience of previous filings. Asking for a 100% confidence in forum is not right. Please go through the details under the relevant labor codes at bls.gov and make your own judgement. Here are some details

https://www.bls.gov/oes/2017/may/oes151132.htm
https://www.bls.gov/oes/2017/may/oes151133.htm


The way I did it in the past is suggested this to my attorney and then asked for guidance and went ahead and filed for Supplement J and it was approved.

[H1b2006]

Ace, my new employer also applied a new perm for me (July 2020 - not approved yet).
I always thought this is a new perm for a new job. Why does it need to be in-line with the old SOC code. Does it have implications on porting the date when we apply I-140?

I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job

[inspired_p]

I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job

This absolutely does not make sense and is wrong IMHO.
Every job is evaluated on its own merit, and porting of priority date does not have anything to do with job descriptions.

The Job matching is required only during I-485J as the new employer is not going through the PERM and I-140 again for the job but basically stating that old perm and I-140 should be still valid.

[Transformer]

I saw rahul reddy saying new job should be in similar field when using old pd from previous emp
Not from civil engineering to IT job
I believe what he said was it has to be same or similar job for 485J not for porting priority date from one employer to other. He was right in that aspect.

[calking1975]

Most of the i485 denial cases are because the underlying i-140 was denied. There are very few i485 denials after i140 is approved and usually the reasons have to be pretty egregious like fraud or felony. So it's pretty safe to switch over to EAD. Your chances of getting GC are pretty good this FY. But you need not be in a hurry, since the petition for your spouse and kid were filed a couple of months later. Their applications are potentially running behind your application.

Thank you @vsivarama and @incredible for your suggestions, it helps a lot.

[inspired_p]

--------------------------------------------------------------------------------------------------------------------------
Percent Spillover---->0(2009)*20(2010)*25(2011)*30(2011)*30(2012)*40(201 3)*60(2014)
--------------------------------------------------------------------------------------------------------------------------
EB2 Left as of Oct 2020---->1000(2009)*16282(2010)*28786(2011)*28786(2011)*287 86(2011)*27732(2012)*29008(2013)*28650(2014)*
--------------------------------------------------------------------------------------------------------------------------
Down-port to EB3---->325.64(2009)*5757.2(2010-0%)*7196.5(2011-20%)*8635.8(2011-25%)*8319.6(2011-30%)*11603.2(2012)*17190(2013)*30234.74(2014)
--------------------------------------------------------------------------------------------------------------------------
Left in EB-2---->1000(2009)*15956(2010)*23029(2011)*21590(2011)*201 50(2011)*19412(2012)*17405(2013)*11460(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB3 Left as of Oct 2020---->0(2009)*5514(2010)*6009(2011)*6010(2011)*6011(2011 )*4681(2012)*4973(2013)*5357(2014)*
--------------------------------------------------------------------------------------------------------------------------
In EB3 after down-port---->0(2009)*5840(2010)*11766(2011)*13207(2011)*14647(2 011)*13001(2012)*16576(2013)*22547(2014)*
--------------------------------------------------------------------------------------------------------------------------
EB2 prediction---->1-May-11(20% 2011 down-port)*15-May-11(25% 2011 down-port)*1-Jun-11(30% 2011 down-port)**
EB3 prediction---->1-May-11(20% 2011 down-port)*15-Apr-11(25% 2011 down-port)*15-Mar-11(30% 2011 down-port)
* Provided USCIS does not waste any visas
* Projected 2020 numbers for FY 2021
* Multiplication factor of 2.4 used across the board
--------------------------------------------------------------------------------------------------------------------------
Source of I-140 Numbers: https://www.uscis.gov/sites/default/files/document/reports/I140_app_by_country_FY2015-2020_Q3_Q4.pdf



* Provided USCIS does not waste any visas



We can guarantee visas will be wasted.. how many is the question. And if visa wastage is taken into account, EB3 will be more favorable I would guess and the dates would move forward more rapidly but applications will be processed randomly ( later PDs getting greened)

[AceMan]

how are you 100% confident 1133 is inline 100% with 15-1132?

are your original perm duties matching to your current job duties.

I looked up the form and see the following language inside.

The original ETA form has SOC Code 15-1051. This code is no longer in use, and the correct code is 15-1121

[3nov10]

This absolutely does not make sense and is wrong IMHO.
Every job is evaluated on its own merit, and porting of priority date does not have anything to do with job descriptions.

The Job matching is required only during I-485J as the new employer is not going through the PERM and I-140 again for the job but basically stating that old perm and I-140 should be still valid.

That's what I understood. But discussions here confused me a bit.

In my case, I was not able to file I-485 in Oct, because the perm from my new employer was not approved.

Even after waiting for more than a quarter of my life. I decided not to go back to old employer because I left that place for right reasons (career growth). I am not sure if I made the correct decision. If I had gone back, by now, I could have atleast be in TriShanku Swarga .

I will have to make another decision on EB2 or EB3 (hopefully soon.) I want to do that one right.

[inspired_p]

That's what I understood. But discussions here confused me a bit.

In my case, I was not able to file I-485 in Oct, because the perm from my new employer was not approved.

Even after waiting for more than a quarter of my life. I decided not to go back to old employer because I left that place for right reasons (career growth). I am not sure if I made the correct decision. If I had gone back, by now, I could have atleast be in TriShanku Swarga .

I will have to make another decision on EB2 or EB3 (hopefully soon.) I want to do that one right.

I get you, I was exactly in the same position last oct 2020, but lady luck smiled on me , my PERM for the new employment got approved in Sept 2020 , and I was able to apply I-140 and I-485 concurrently in Oct 2020.I also had an option to file in EB2 or EB3 as PERM job description and my qualifications support an EB2 application, and For what's it worth, I have opted for EB3 . We will soon know if my decision made sense, as I could have got the Trishangu status in either category.
We can only hope for the best
All the best and hope you make the correct decision. Our PDs are only few days apart actually.

[GCkaLADDU]

Does anyone know how USCIS processes EAD/AP cases filed separately after i-485 filing?

Filed my AOS application in early November last year and EAD/AP around end of Jan after getting the AOS receipt notice. Got the EAD/AP application receipts last week (starting with IOE and NBC as processing location). I got my Biometrics appointment scheduled in next couple of weeks and the appointment letter only shows i-485.

Little fuzzy on how they'll apply biometrics for EAD/AP (if at all required). Not sure if I am looking at any additional delays in EAD/AP approvals :(

[3nov10]

I get you, I was exactly in the same position last oct 2020, but lady luck smiled on me , my PERM for the new employment got approved in Sept 2020 , and I was able to apply I-140 and I-485 concurrently in Oct 2020.I also had an option to file in EB2 or EB3 as PERM job description and my qualifications support an EB2 application, and For what's it worth, I have opted for EB3 . We will soon know if my decision made sense, as I could have got the Trishangu status in either category.
We can only hope for the best
All the best and hope you make the correct decision. Our PDs are only few days apart actually.

Congratulations on getting EAD. Hopefully we will be celebrating getting a better card soon :).

[drop2ocean]

PD 6/15/2010 EB3(I)
I485 filed on Oct 29th 2020.

would it be too optimistic to expect a GC this year ?

[gcracer]

PD 6/15/2010 EB3(I)
I485 filed on Oct 29th 2020.

would it be too optimistic to expect a GC this year ?


Your date is current. You should get it in next 2-3 months.