I didn't submit Medicals in October and hence the RFE now.
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Need some input from experts here.
MY PD is 5/20/2011. I downgraded in October 2020 since I missed out by 6 days as filing dates stopped on 5/15/2011.
Biometrics are done. EAD/AP awaited. I did not submit medicals in October 2020 like many others at the advice of my attorney.
I am current in EB3 right now with EB3 I-140 approved. I will be current in EB2 also starting July 1.
I was planning to submit medicals without RFE earlier but since I am now getting current in EB2 also, should I
1. Request interfiling in EB2 and send medicals with the interfiling request?
2. Just submit medicals without RFE without interfiling?
3. Just sit tight and wait for medical RFE and then submit medicals?
My attorney is advising Option 3 as the safest approach and asking to be patient. His opinion is that it is usually not a good idea to send medical exams to the USCIS until they ask for them since the agency is terrible at processing documents in the mailroom, and there is a high probability that the medical exams will get lost and never make it into the proper files. He says that USCIS's position is that people should not send anything to the USCIS unless the USCIS requests it. He says that wheels at the USCIS turn slowly, and if we change course, it will not help to speed things up, but it may further gum up the works.
Would appreciate recommendations from experts here.
Congratulations to all who recently got current. Looks like the next few VBs will be tough ones with little movement. This opens up a crazy situation, we have folks in 2012 getting cards while folks from 2010 are waiting perhaps based on the processing center. Given this, how would USCIS ever determine where to hold the line or worse retrogress. If they pull the date back, say to Apr 2011, would folks who are currently in the July bulletin would just get EAD and stay put?
Still crazy is what would happen if a 2012 EB3 PD person filed in Oct, 2020 while a 2011 EB3 PD file in May 2021, will the first case get through (which I think is the case bc of RD) while the second case will be pending and wrose get retrogressed.
Anyways getting back to my actual question, should we consider 2010 and 2011 PDs safe? or are there chances for folks in 2012? I still remember crazy talk from Mr.Reddy that dates will move to 2018 and here we are talking about 2012 :(
For now they are safe as there will not be retrogression since more spillover is expected from FB for next FY. Maybe there will be corrective action on the FA dates in the later half of next FY depending on how many of early priority dates are still pending. I would not expect aggressive movement going forward since a lot of applications are already in the pipeline. Hopefully by the end of next FY most of 2010 and early 2011 would be cleared.
Quote Originally Posted by Zenzone View Post
Update -
EB2-I PD - Jan-2011; Receipt date - 10/21/20; Notice Date - 11/12/20; Biometrics - 1/6/21; EAD/AP Approval - 1/13/21; I-485 Supp-J Approval - 6/10/21; Medical RFE - 6/10/21; RFE Response Sent - 6/28/21; I-485 Approved - Waiting; Card Production Ordered - Waiting; Processed at the Local Field Office (previously with NBC)
your update had "i-485 Approved-pending" and I thought your I-485 is approved. I was happy cuz my PD is march 2011 :-)
How can we know if our case is transferred to Local Field office? Why did you send the medicals to local field office? can you please elaborate. My case is at NBC ..
I was hoping that but given they are wasting most of the FO spillover not sure why it would be different next year. Not sure if my numbers are accurate but I read that most of the spillover for '21 is being wasted so I am a bit skeptical that entire next year spillover will be used. So net net we will get 150k additional GCs. That should eat way most of 2010 and 2011 backlog IMO.
Because I'm guessing people are eager and reading " Card Production Ordered" instead of "Card Production Ordered - Pending" and "I-485 - Pending"?
Guessing technically you would still require an interview prior to I-485 approval since the I-485 was applied in 2020. Hopefully that gets waived off.
By middle of next FY, USCIS should be able to process through most of the finger printing, background checks, sending out RFE's regularly as they pick up the files and moving through them to approval. Things should go better from Covid perspective, as things pretty much open up completely and normalcy returns. There will be wastage for sure even for next FY, as USCIS can only process as many applications per FY, their regular EB quota + some more. Do not expect them to use up all of 290K visa numbers that are said to be available. I would expect another 100-125k wastage even for next FY. But most of up to April/May 2011 PDs should be assumed to clear.
I keep seeing this - that there will be no retrogression: Is this about the Final Action Date ? So, is it almost certain that EB3 Final Action Date will remain in 2013 ?
My priority date is Feb 2012, wondering whether EB2 Final Action Date will ever reach here. Any thoughts ?
It's not so much about priority date reaching there but it's more about USCIS' ability get through all the cases in time (I am talking about FY-2022, I have already given up hopes for FY-2021). There are tens of thousands of folks who are current since April/May,2020 but haven't seen much progress on their file.
To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability. I also see as far as FO processing goes your geography makes a difference too. Just my reflections from this journey here since last October.
Just got I485J - Receipt Notice Fee Waived in mail. #MSC212595XXXX. My wife and I did the FP on April 29th. we did not send medicals in Oct 2020. Any ideas how far we are from RFE for medicals ?
Gurus, Is there any possibility for EB3 Filling dates to reach 2016 in Oct 2021?
ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD atleast can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.
I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.
Are you assuming that the HR will be skeptical of the H4 EAD or did they express that? There is literally no difference in the work authorization afforded by either so you should not even need to mention how the benefit came about. Of course if it's a desi employer, they might make a deal out of it. Also if you get I-485 EAD, you will only initially get it for 1 year unless it's provided for two based on the new rules.
She is currently using H4EAD but when going for a bigger firm for full time, some internal managers did have that hesitation for H4EADs and regular EADs. Not a desi employer for sure, so we will see how it goes if we don't get the EAD or GC by that time.
I just saw that case inqiry date for pending EB3 I-140 at TSC is Oct. 26, 2020.Has anyone with downgrades filed under regular processing gottent their I-140 approved?
Need advise from experts.
My PD March 2011, and submitted I485 with medicals in October which attorney submitted towards October end. Biometrics completed in April. Now I come to know that attorney did not submit my I-485J for whatever reason even when i sent back them the signed form. What options do I have now as my PD will be current in July? Can I interfile I485J or wait for RFE ? Thank You
On the other hand I-485 processing times at TSC have been revised to show inquiry dates in 2017! The range provided for eb is 26.5 to 44.5 months. Given those processing times, what does the statutory language of "immediately available" visa numbers for eligibilty for filing of I-1485 even mean? People who have not been able to file I-485 should be a filing a suit based on just the processing times. With those processing times and the number of visas that currently continue to be available, EVERYONE should be able to file.
Isn't that exactly what Charlie did in 2008, making India current in the VB to generate demand after getting frustrated at slow pace of USCIS.
Edit: So apparently back then Charlie made all the dates current for EB on the 13th or 14th of June for July VB. USCIS did not want to honor those dates and receive the flood of new applications so they immediately started approving a large amount of pending 485s in those remaining 17 days in June, and then asked the state department to change the VB because many numbers were now used up and no longer available, and they did on July 1. The protest over wasted money and effort went to Congress etc. and they forced USCIS on 16th to accept applications for a month till Aug 16th.
Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long as vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the backlog, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required to do by law, expecting to get legislative or executive action is foolhardy.