EB2-3 Predictions (Rather Calculations)

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Originally Posted by newyorker123

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

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1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.

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Originally Posted by namits

Looming government shutdown - I guess USCIS will stop processing green cards, EAD, etc from 10/1 if a deal is not reached by Thursday 9/30 midnight?

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USCIS is funded by user fees and not government budget so it may not happen. State department on the other hand might get affected, so anything to do with consulates or embassies or NVC.

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Originally Posted by rsnake

1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.

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Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

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Originally Posted by newyorker123

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

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1 - It's really hard to predict, last year was weird in the sense that people who sent their applications during Oct 20 to 24th appear to have gotten processed faster than people filing in the first half. In general earlier is better but not a deal breaker. It will help get biometrics/EAD and AP faster. There is also a very small risk that USCIS will rollback the dates mid month, but that has happened only 1 or 2 times ever. Also normally the dates are current and USCIS accepts filings till Dec, but again, it's up to the level of risk you want to take. Several people who filed in Nov and Dec last year already got their GC including me who applied on 12/30/2020.

2 - It's better to find a local lawyer so you can visit them in person if needed.

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Originally Posted by newyorker123

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

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It should not matter much for October 2021 since the filing dates advanced 10 months only for Eb2 from September 2011 to July 2012. There is no mad rush like a year back.

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Originally Posted by bones20

Question related to H4:
1. My wife's green card is now approved while here H4 is still pending. Are we required to withdraw the pending application to not extend her H4 status?

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Hello Bones, you are not required to do anything since the applicant is a green card holder now

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

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Originally Posted by rohanvus

Freedom,
My wife had paid consultation with Murthy Firm and learnt that I am not out of status and we are good . Having a old i94 number is not an issue because the last action rule and the dates on I-94 are important .
The attorney did say if on i94 , expiry dates , name, classification ,etc are incorrect then you must correct them but just having a old i94 number (issued by USCIS after last arrival into US but with new validity period ) is not an issue . So ,legally speaking am good for 485 filing

But as you said , please share i94 issue that you went through for benefit of users on this forum .

Thanks for the help

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rohannvus,

That's good news. Glad that you got it cleared.

Moderators/Admins,

Can you please move these messages exchanged on the I-94 issues to a separate thread related to I-94 so that it could be easy enough for the users to find the right thread they are looking for when they need to?

Thank you!

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Originally Posted by newyorker123

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

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Yes, with initial filing you have to send 485J and after that whenever you change a job, you must send another 485J each time.

Last day of FY21 and its not a Friday (hopefully less slacking) and wish lot of case status changes today!!!.. good luck to all!!

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Originally Posted by delguy

Yes, with initial filing you have to send 485J and after that whenever you change a job, you must send another 485J each time.

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I am joining new Company on Monday on EAD (Pending 485 for 180 days) requested HR to help on new 485J but they are still finding resources who will help me and sign on form. Do we have some margin to submit 485J or it had to be on day 1?

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Originally Posted by singax

I am joining new Company on Monday on EAD (Pending 485 for 180 days) requested HR to help on new 485J but they are still finding resources who will help me and sign on form. Do we have some margin to submit 485J or it had to be on day 1?

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There is no such urgency but if your PD is current, ideally it should happen before they approve the GC (which will be tied to your previous employer otherwise in the absence of new 485J).

Quote:

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Originally Posted by newyorker123

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

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You dont need a lawyer. There are numerous cases where I-485 applications were rejected because of lawyer's mistake. My friend happens to be one such person. So despite a lawyer, you need to proofcheck every single item in forms for accuracy. The only issue I could see is with filling up a I-485J yourself.

thanks Delguy. Yes PD is current since Jul 2021, waiting for Medical RFE. may be i can submit new 485J with Medical RFE

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Originally Posted by singax

thanks Delguy. Yes PD is current since Jul 2021, waiting for Medical RFE. may be i can submit new 485J with Medical RFE

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In that case you shouldn't worry about small delay and use it as an opportunity to send medical along with new I-485J, get your medicals papers ready while you wait for 585J to be signed if you havent done so already.

thanks Delguy for even better advice. I will do that (485J+Medical I683- will be ready by ready), and will file together, hopefully USCIS will pick.

details:
Cat : EB2 India
485 Filling filling date: 10/30
Receipt : Jan 21
Finger printing : 2/26/2021
EAD: Aug first week

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Originally Posted by singax

thanks Delguy for even better advice. I will do that (485J+Medical I683- will be ready by ready), and will file together, hopefully USCIS will pick.

details:
Cat : EB2 India
485 Filling filling date: 10/30
Receipt : Jan 21
Finger printing : 2/26/2021
EAD: Aug first week

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With these dates you should have received your GC by now or atleast the RFE. What field office you are with? Did you check with EMMA if your A-File is with a field office?

i called USCIS agent, he does not see updates on my case and advised to keep my medical package ready but nothing can't be done to expedite. I raised SR which was closed without info.

Online status is still reflecting that finger print taken on 2/26/201` , that is last update, I checked with my attorney, they discouraged to interfile medicals.
I have colleagues, who have been waiting in similar status.
thanks.

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Originally Posted by sling10

Any one here who will be current for the first time in October 2021 ready to mail their 485 package on the 30th September ?

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Finally, submitted my 485 package yesterday which got delivered today at the USCIS Chicago Lockbox.

Now, I see that a new version of the form I-693 has been released by USCIS. I had checked all the form versions yesterday before I finally sealed the package. Even then, it was the old version of the form.

Now, USCIS has a new version of the form and no grace period and states this : Starting Oct. 1, 2021, we will only accept the 09/13/21 edition

My package got there today which has the previous version of the form. Since, the form was signed prior to Oct 1st, will that version be accepted by USCIS or this will lead to a RFE stating incorrect version was submitted ?

No grace period is such a cruel move by USCIS !!

Question on i485 approval notice:
1. I received my GC and a "courtesy copy" of approval and not the "official notice". Any idea why I haven't received the "official notice"? I checked with Emma and the response was vague.
2. Is that (official notice) something important to have for records? Will it be ever useful in future (entry/admission, naturalization etc)?
thanks!

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Originally Posted by sling10

My package got there today which has the previous version of the form. Since, the form was signed prior to Oct 1st, will that version be accepted by USCIS or this will lead to a RFE stating incorrect version was submitted ?

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Since it was signed before Oct 1st, you are fine. The new 693 form is only applicable if doctor signed the form on or after Oct 1st. It doesn't matter when it reaches USCIS.

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Originally Posted by Transformer

Since it was signed before Oct 1st, you are fine. The new 693 form is only applicable if doctor signed the form on or after Oct 1st. It doesn't matter when it reaches USCIS.

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Thx Transformer ! If it is interpreted that way by USCIS as well, I will be pleasantly surprised !

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Originally Posted by bones20

Question on i485 approval notice:
1. I received my GC and a "courtesy copy" of approval and not the "official notice". Any idea why I haven't received the "official notice"? I checked with Emma and the response was vague.
2. Is that (official notice) something important to have for records? Will it be ever useful in future (entry/admission, naturalization etc)?
thanks!

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Your attorney may have received that copy. As far as I know, it is irrelevant to your case. You have a GC and that's all that matters, going forward. All other information is recoverable from USCIS as you have an alien number - it should be on your card. I have looked at the application for naturalization and it seems that they need your green card not I-797. I am sure you already have taken a photocopy of GC which is sufficient in case of lost physical card to apply for a new card.

It still does not hurt to get that notice. I had a million questions like this and I was told by some good folks to stop worrying. I know how you feel - decades in H1 always makes you think twice about any process/approval. You have passed a milestone past which you need less documentation. ;)

More knowledgeable folks please correct me if I am wrong.

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Originally Posted by prepleo

Your attorney may have received that copy. As far as I know, it is irrelevant to your case. You have a GC and that's all that matters, going forward. All other information is recoverable from USCIS as you have an alien number - it should be on your card. I have looked at the application for naturalization and it seems that they need your green card not I-797. I am sure you already have taken a photocopy of GC which is sufficient in case of lost physical card to apply for a new card.

It still does not hurt to get that notice. I had a million questions like this and I was told by some good folks to stop worrying. I know how you feel - decades in H1 always makes you think twice about any process/approval. You have passed a milestone past which you need less documentation. ;)

More knowledgeable folks please correct me if I am wrong.

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Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

Any predictions (Rather Calculations) on how the EB2 Final Action Date will move forward in the coming few months ?

In October VB, it was 1st Sep, 2011. Prediction in VB itself was "Up to several months".

Given that the date of filing is 8th July, 2012 - I am hoping that it will reach this date as the final action date by end of FY 2022, but wondering if need to wait until year end months for this to happen.

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Originally Posted by bones20

Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

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At a minimum, imo, have a photocopy in your wallet, and a scanned version in your email (or icloud. etc) that can accessed anywhere (like all important docs). Like the passport I would be hesitant to carry it everywhere. It's a non-issue most times except maybe in certain situations like if you are visiting a state like Texas near any of the border towns etc. then it would be prudent to have the original card in person.

It's similar to being on H1B. Don't think people carry the stamped passport or the I797 approval notice with them at all times.

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Originally Posted by bones20

Thank you! There is one more confusion. Based on the instructions you are required to be in possession of the GC at all times else it is regarded as a punishable offense. What is the practical advice on this? Carrying the GC everywhere along has the risk of theft and loss which is expensive to recover both in terms of time, hassle and money. Online opinion seems to be divided on it all the way from strict adherence to partial (when away from your locality).

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It is required, but not practical to carry with you. I have asked a bunch of people and 8 out of 10 dont carry it with them. Like gammaray mentioned above, having all important documents available in google drive as well as phone photos and a photocopy in your wallet is the best one can do if you dont want to carry it. I personally feel carrying GC is more convenient than carrying a passport and original H1B I-797 notice. I have found that you will be asked for it when you least expect it, even if you are travelling within US borders. So for now, I have GC in my wallet.

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Originally Posted by bangaloreboy

Hello Bones, you are not required to do anything since the applicant is a green card holder now

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Just FYI, my wife's H4 and H4 EAD cases now reflect status as "case was denied". Only this time, we dont seem to be bothered by the negative outcome on H4 :)

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Originally Posted by bangaloreboy

Just FYI, my wife's H4 and H4 EAD cases now reflect status as "case was denied". Only this time, we dont seem to be bothered by the negative outcome on H4 :)

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Also my wife's EAD and AP cases reflect this status "Case closed benefit received by other means"

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Originally Posted by bangaloreboy

Also my wife's EAD and AP cases reflect this status "Case closed benefit received by other means"

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Thanks Bangaloreboy!

Below are my I-485 filing details. I sent in the I-693,I-131,I-765 forms along with my I-485 application.
Around what time frame can I expect my 485 approval. Appreciate any response!
:)
PD EB2-I Straight: 5/23/2011
I485 RD: 07/15 (MSC21915xxxxx)
I485 ND: 07/17
Biometrics Completed: 08/19
Received I 485j fee waived notice dated: 09/28

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Originally Posted by iamdeb

Around what time frame can I expect my 485 approval.

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Based on my observation of data, an avg of 11-13months from RD date to approval.

Another trend I have seen is 4-5 months after Bio-Metric appointment

One more - 4-6 weeks after medical RFE

All the best!!

Thanks for the response! I won't be getting medical RFE as I already submitted I-693 with my I-485.

Is there any significance or correlation of the I-485J notice date with the AoS (I-485) approval timeline?

I485 Birth certificate related questions:
- If we have Birth Certificates which are recently obtained, did you provide affidavits from parents/relatives ?
- Are there agencies in India which assist in getting these affidavits ? (I faintly remember seeing something like this).
- My lawyer mentioned that school certificates might be fine too in lieu of affidavits. Anybody adopted this route ?

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Originally Posted by iamdeb

Is there any significance or correlation of the I-485J notice date with the AoS (I-485) approval timeline?

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That something I am also trying to figure out as I am not sure whether filing I-485J or waving I-485J is mandatory for all just like Fingerprinting. My knowledge says I-485J is for confirming whether underlying job still exists or not which make senses for folks who got approved I-140 years before I-485 was filed. But in cases where perm was recently approved then with concurrent filing it doesn't make sense to request to file this again.

All in all there are 3 milestone which you have to cross

1. Receipts for 485, EAD, AP filing
2. Bio-Metrics appointment Notice
3. 485 approval notice

In between you may get 485J waiver and/or RFE but these 2 are not mandatory milestone which you have to go thru and hopefully doesn't have to go thru.

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Originally Posted by newyorker123

I485 Birth certificate related questions:
- If we have Birth Certificates which are recently obtained, did you provide affidavits from parents/relatives ?
- Are there agencies in India which assist in getting these affidavits ? (I faintly remember seeing something like this).
- My lawyer mentioned that school certificates might be fine too in lieu of affidavits. Anybody adopted this route ?

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In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

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Originally Posted by monsieur

That something I am also trying to figure out as I am not sure whether filing I-485J or waving I-485J is mandatory for all just like Fingerprinting. My knowledge says I-485J is for confirming whether underlying job still exists or not which make senses for folks who got approved I-140 years before I-485 was filed. But in cases where perm was recently approved then with concurrent filing it doesn't make sense to request to file this again.

All in all there are 3 milestone which you have to cross

1. Receipts for 485, EAD, AP filing
2. Bio-Metrics appointment Notice
3. 485 approval notice

In between you may get 485J waiver and/or RFE but these 2 are not mandatory milestone which you have to go thru and hopefully doesn't have to go thru.

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Instructions for I-485J clearly mentions that its not needed for concurrently filed (I140 + I485) applications.
AFAIK, It is used to tie you to a certain employer's I140, and to attest to the fact that you are going to join that particular employer after getting GC.

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Originally Posted by monsieur

In my case Fragomen said - BC which was not registered at time of birth will require affidavits and/or some sort of explanation. In my case they said they will use school marksheet which will show DOB.

My case is still with USCIS, so don't know whether parent's affidavit which i submitted is accepted by them or not.

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My school marksheet does not have DOB ! Looks like I will need the affidavits.

Hi ,

My SR response for 485 is below ,is it a standard response or can I expect something in the next few days or so .

Our records show that your Form I-485, Application to Register Permanent Residence or Adjust Status is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay.

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Originally Posted by newyorker123

My school marksheet does not have DOB ! Looks like I will need the affidavits.

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If the birth is registered with the concerned authority at the time of birth or around that time (not sure but may be with in a year) that should be fine. And if we get copies of those issues at that time or again in the recent time frames they should still work as the Birth certificate says the date of registration. If the birth itself is registered recently and the actual bright was quite earlier, then you would need affidavits.

You can also submit affidavits by Parents for Non availability of BC, or missing or incomplete info like full name in the BC. Also you don't need an agency for the affidavits, you need that listed on a stamp paper and signed by parent and person issuing the stamp paper. In case of Non availability of BC, and they searched the Municipal office, village office or some one you can get a Non Availability certificate that they searched the records and did not find anything as it was not registered.

For sample content of the affidavits you can find the examples in the link on this forum
https://www.qesehmk.org/forums/showt...idavits+format

I used affidavits from both parents and a maternal uncle who is above 18 at the time of my birth and a Non Availability Certificate from the Tehsil office.
I also used affidavits for my spouse from both her parents, to just state that her full name was not listed in the BC even though it was registered and have one issued at the time of birth.

You can get the affidavits now, ask parents to scan and send colored copies and attach those as evidence document.
And then they can courier the originals and you should have them in time in case there is a interview scheduled.