Printable View
So it may be the I485J checking of the new employer and cross verification of the employment. And what do you mean by 1 Kid and 2nd kid info updated? Was that the 1st kid was a dependent applicant and the 2nd kid was a citizen born here in US and since they are young accompanied all? Sorry that information and details are not clear? And also if there is an RFE check if the attorney's office received anything?Quote:
Originally Posted by Mgajsk
Other than the 'ayaram/gayaram' issue/dilemma, is it true that a person cannot have two parallel applications going on at the same time? I asked this from our firm's attorney (Fragomen) and got the following response...will appreciate any thoughts on whether this is correct:Quote:
Originally Posted by AceMan
My questions: Since my EB2 FAD is also current, I?d like to confirm if we can interfile I-485 to get in that queue as well. If we do, will the application go to TSC or some other location? Also, with the interfile, could we submit the medicals at the same time thus make that application documentarily complete?
Fragomen Response: You cannot have two AOS cases pending based on same employment opportunity. As such, you?d need to decide if you?d like your case to be processed under EB-2 or EB-3 category. Given that both are current, it should not make a difference and better to proceed with the case already pending. If the dates were to change for EB-3 category, we can explore switching back to Eb-2 so that the case is not put on hold.
Quote:
Originally Posted by SG2020
I'm no Fragomen. Please read https://www.uscis.gov/policy-manual/...rt-a-chapter-8
An applicant can maintain multiple basis I140 and when applying I485 the applicant must specify only one basis(I140). The only time you can get away is when the dependent also files an independent AOS with the primary being the dependent now. Example, husband files under EB3 and then wife files under EB2. Even with this, having different A nos complicates it and must be addressed by withdrawing the other application in a timely manner.
So when you interfile, you are requesting to switch to a different basis I-140 than the one originally filed. Please read the above chapter and it clarifies other questions floating around regarding interfile requests.
My view is different from Fragomen. If you do have two I-140s (one for EB3 and one for EB2) then you can and should absolutely feel free to file two 485s if you choose to. USCIS must accept both applications because they are NOT the same application. An EB2 job is not same or EB3 job and vice versa.Quote:
Originally Posted by SG2020
Beagle is correct that one 485 will only be based on one 140. But if you do have two 140s then I don't see why you can't file two 485. I have to disagree whoever says it is not possible.
Finally ACE and I have a philosophical :) disagreement. He thinks changing lanes is immoral or something like that. My view is people have every right to further their interest in any legal way possible.
I am trying to figure out if a given I-485 MSC receipt number is related to FB or EB.
Does FB applicants also file I-765 with their I-485?.
If not, for a given I-485 receipt number if one of the next two receipt numbers is a (I-765) then that I-485 is EB..
Hi Gurus, Need some advise on my situation. My PD is Mar 2011 under EB2.
I am currently working with Company B and applied for PERM, will be getting approval[if no Audit] at the end of Feb, 2022. I will be able apply i-140 and 485 concurrently if my PD stays current.
Previously I worked with Company A who have filed my original PERM and moved to Company B. Now I got an offer from A [Similar role and compensation but need to relocate] and will be able apply i485 immediately once i join the company.
Should i wait 4 months and apply i-140 and 485 with B or join A and apply given the likelihood of retrogression.
I think you stretched the changing lane part a little longer than my opinion. My concern was always on the downgrade part, you were selected over many other candidates based on your exceptional skills and when dates move forward on the lower category, you went down that route. USCIS allows downgrade, so my opinion has no real basis.Quote:
Originally Posted by qesehmk
However, we did see the impact of massive downgrades that happened in 2020. Within couple of months date of filing was pulled back a year, and even after a full year, lot of people who filed 485 in 2012 are still to get their GC, while the downgraders are filing premium over premium for their 140 even when they are not eligible to do that.
So now well after a year, the entire thing is screwed up, people now see Eb2 going forward, while Eb3 going back. This is what I was pointing out for a long, before many people deemed me as selfish, because I have an Eb3 petition. These same people who came to Eb3 now wants to move back to Eb2. Even before that is happening, I am saying that is a stupid and useless move. It will screw up the applicants date, as well delay the process for other applicants.
Especially when you already have an EAD, which many of the people claimed is the primary motive for switching categories. As stated above, this is my opinion and USCIS allows it.
Point well take and thanks Ace for the explanation.Quote:
Originally Posted by AceMan
I still believe EB3 at least until 2015-16 has less demand compared to EB2. The retrogression in EB3 followed exceptional movement forward. Even right now EB3 is ahead if I am not wrong. But it is also true that EB2 can get all excess numbers from others while EB3 simply cant.
Any analysis of this doc on USCIS explanation of retrogression
https://www.dropbox.com/s/wzwx13i0cy...SSION.pdf?dl=0
Thanks for sharing. Perhaps if such lawsuits are filed, we get a better info abt whats happening.. may be one's needed for EB2, so we get some numbers from USCIS?
From Charlie chat:
EB2 India Final action date movement around couple of months in Dec VB, and at a slightly slower pace from then on.
No foreseeable movement in EB3 India/China dates until beginning Summer.
For the EB3 who might want to upgrade, Charlie mentioned that EB2 might retrogress if there is upgrading.
I would take AceMan's advice and stay put where everyone is.
I took a paid counsel from an immigration attorney outside of my company. The attorney asked me to stay put in LIN. He said if you were in SRC and didn't have any progress on your case after fingerprinting, I'd recommend you to file another EB2 but if your case is DQ and you are just waiting for adjudication then I'd just wait for your PD to be current in EB2 and request interfile. He strongly advised against having two EB-AOS petitions. He said at times when he had done this for Chinese nationals in the past, the cases were put on administrative hold and some of them got rejected too.Quote:
Originally Posted by newyorker123
Also one more drawback he said, that I am not so sure about is that, one you use your EB2 I-140 for AOS you can't use the same I-140 for interlink process. You would just need to stick with your EB2 AOS for adjudication if EB2 queue becomes more favorable. Also USCIS will process the EB2 petitions based on receipt numbers which will put you at back of the queue and doesn't matter if your case lands at MSC. He said MSC still has enough backlog of EB2/EB3 from Oct-2020 that there is a good chance your case will not get looked at for FY-22.
I am staying put in EB3 queue for now. My PD is May 2011, so I am hoping any EB2 retrogression will not impact me there either.Quote:
Originally Posted by newyorker123
On a side note, I have applied (through company/Fragomen) for premium processing of my EB3 I-140 (downgrade) at TSC and it has been rejected every single time. I see many people here and on Trackitt successfully getting their I-140 adjudicated via premium processing. Will appreciate if any of you can share if you did anything different to get PP accepted.
There is no trick man, you are just stuck in a very sh**ty service center. If I were you, I'd file another AOS with EB2 I-140 just to get out of SRC and have my case processed with MSC. I know it may sound like unpopular opinion with some veterans here but seriously based on all the data I have seen from Telegram groups, approval rate from SRC is pathetic even when it was operating at its peak capacity. It's not that necessarily employees are doing sloppy jobs but there are very few officers assigned to work on 485 adjudications and I-140 approvals.Quote:
Originally Posted by SG2020
I was able to get my EB3 I-140 (at TSC) approved using PP back in May. Didn't do anything different.Quote:
Originally Posted by SG2020
The attorney told me that the PP was not accepted for some of their other clients.
I know some people eventually succeeded after multiple attempts.
@LightAtEndOfTunnelQuote:
Originally Posted by LightAtEndOfTunnel
I am in the same situation. I-485 was filed with I-140 EB3 in October last year at TSC. I-140 in EB3 is approved.
My Priority Date is 04/2012. I have a previous EB2 I-140 from 2012 with the same employer with similar job duties.
Would your suggestion be to use the previous EB2 I-140 and file a new I-485 at a different service center ?
You mentioned in your previous post that in the past, some cases were put on administrative hold and some of them got rejected for this ?
So, isn't there a risk ? Maybe I missing something.
Thank you for your inputs.
We are just making decisions based on data we have seen thus far. My case was a bit different, my file was documentarily complete and was just waiting for an officer assignment. The problem is that SRC is not even transferring cases out to MSC. They don't have staff / capacity to dig boxes out of archives and ship them to MSC with all the tracking information updated. If I was in your boots I'd take chances with administrative hold or whatever USCIS may decide to do later on. Also I have seen a lot of lawyers (even Fragomen) are advising based on anecdotal evidences/experiences. The lawyer I spoke to, didn't know anything about MSC approval rates vs SRC / LIN approval rates (the data you get from Telegram groups or Hilites website), so I could clearly see he wasn't up to speed. You can ask your company lawyer if they can share a copy of latest USCIS SOP (standard operating procedure) manual. Most lawyers have acquired it through FOIA. You could too but it would take a few months for you. Read through USCIS SOP to see how USCIS handles cases where there are two outstanding AOS from employment based petition and get first hand information. If my case wasn't getting approved this is what I was going to do myself.Quote:
Originally Posted by gsingh
It's a literal mess out there for folks with 2012 PD and facing retrogression. Based on CO's chat EB2 has 80,980 visas available and 75,980 pending cases to be approved. As EB2 FAD keeps moving, folks will interfile and ask USCIS to use EB2 as underlying basis. As soon as EB2 demand (pending cases: straight + interfile) goes above 80980, 7% rule will kick in and EB2 will retrogress till ROW demand is first met. It will eventually leap frog in Q4-FY22 like it happened this year and when that happens you may want to be in MSC than in SRC. Again there are lot of unknown variables that you have no control over. I'd suggest speak to third party immigration attorney, who is up to speed on latest proceedings and get some more insights that will help you make an informed decision.
How you can file to particular Service center? AFAIK service center receive cases based on applicant geo location. As west coast resident my case will not go directly to Vermont and it will go to LIN. Internally these centers are free to move around case based on their workload.Quote:
Originally Posted by LightAtEndOfTunnel
If you know a trick please share with wider audience
There is no trick. This is based on what we saw last year. Your 485 application will go to either Phoenix / Dallas lockbox facility and from there it will get routed to MSC (with a good chance). There were straight filing cases that landed in LIN and SRC too. If that happens to you, then at that point you just have to give up and curse your poor luck.Quote:
Originally Posted by monsieur
PS: (Google: 485 direct filing location and from first result on USCIS page CTRL+F for "140")
Thanks you for your input. I will consult an attorney.Quote:
Originally Posted by LightAtEndOfTunnel
Congratulations on getting the approval.
Interfiling vs New I-485
Based on responses from a telegram group I have created a doc that discusses pros and cons of interfiling vs new I-485. Feel free to take a look and it goes with standard disclaimer that these inputs are coming from a regular joe who is not a lawyer.
Read a post on trackitt and don?t know how true this is. Person filed fresh I-485 because previous 485 is languishing in SRC. New petition went to MSC and received receipts. 2 weeks later, got a message that there is an existing application at the Texas service center, the new application is being transferred to Texas and TSC will now have jurisdiction. Don?t know what to think of that !!Quote:
Originally Posted by LightAtEndOfTunnel
URGENT::
My cousin need to travel to India urgently and he has valid H1B visa until 2023 but need to go for visa stamping and his EAD/AP is pending since 2020.
Will his EAD/Ap application gets denied if I travel to India and enter on H1B visa?
Not sure, but as per my lawyer - the AP application only might get denied. EAD should be fine.Quote:
Originally Posted by march1612
Did you mean he has H1b approval until 2023, or H1b visa until 2023 ? In the latter case, he would not need any stamping.
Only AP. He can comeback and apply 131. He can travel and comeback w/o any worry.Quote:
Originally Posted by march1612
Hi All, my PD is 10/25/2011 in EB2. I am currently in the middle of changing employers and going to have to start new GC filing. I need some help in understanding my situation while the employer attorneys are also working on my case. My priority date was current since July 2021 and based on that my current employer asked for 3 years on H1b. As I changing employers, the new employer says it may not be possible to get another h1b until 2024 since the priority date is current. I believe I have to file 485 until June 2022, is that right? What kind of trouble I could get into if I am not able to file 485 before that? also what could be one of the ways I could still file 485 and get my GC while the dates are current? I am agonizing over this and have paid a couple attorney's for their expert opinions but they haven't been able to help much. I will be super grateful to anyone who can provide some insights on my case. I can provide any additional details if needed.
Priority date = 10/25/2011 (**corrected PD to 10/25/2011)
most recent h1b approved from Oct 1 2021 to Sep 30 2024
Just file the 485 without worrying about anything else. Then you can think of any other thing.Quote:
Originally Posted by soopergal
Dear Kara Zor-El,Quote:
Originally Posted by soopergal
There are two main options for you. 1) Stay with current employer 2) Work with the new employer.
Stay with Current Employer (for a minimum of 180+ days after I-485):
Obviously you would stop the process of moving to a new employer. Your PD is FA current. You will file I-485 ASAP and stay with the same employer for 180 days from the "Received Date" of I-485. This entitles you to the provision of AC21 job portability. Also locks the age of dependent kids. You don't have to do PERM and I-140 anymore. All you need is a justification that the job is in the "same or similar" classification (aka I-485 Supplement J form). Also you get the EAD/AP benefit with a pending I-485. This is a good backup to H1B. Even if you take a 20% pay cut, I would advise anyone to do this and somehow stay employed with same employer for 180 days after I-485 has been filed.
Move to new Employer:
You would do this only if your current employer is refusing to file I-485 (if this is happening, feel free to ask; there may be ways to address this) or your new job is super awesome (that you don't care about GC). In this case, you need to redo PERM and I-140. This would take 1.5 years or so. Then you will file I-485. Not a smart decision as your PD is FA current.
Stay with Current Employer, File I-485 and then move before 180 days:
In this case you will not be eligible for AC21 portability. AC21 is the most important benefit of filing I-485 (before getting card approval). I would advise anyone against doing this.
H1B Extension:
When your PD is FA current, you can get only 1 year extension of H1B. It does not matter if you are with the same employer or a different employer. H1B extension is independent of I-485. H1B is non-immigrant visa. GC is immigrant visa. But you need to make sure that you maintain compatible statues.
Filing I-485:
Once your PD is FA current you can file I-485. Don't know much about Consular Processing. But why would someone wait to file I-485 once the PD is FA current? You shoud do it even if your DF is current. As AC21 law gives so much protection to those people who had filed I-485 after 180 days.
If you have more specific scenarios, please ask. Your question seems too broad. Once you read more and understand the process, you will have the knowledge to analyze the situation and make a decision. Good Luck.
Thank you @Idliman. This is very comprehensive.
Follow up question: How does above change, when I am not working for the I-485 filing company ? My ex-company provided the Supplement J, and I-485 was recently filed on the basis of that. I have not re-joined my ex-company.
In case I receive my GC in 4-5 months (wild - I know, but has happened to few NBC people this year), do I need to join my ex-company right then ?
In case I do not receive my GC in 6+ months, should I ask my employer at that time to file Supplement J ? Or wait for the interview to produce I485J ? Then some people do not have the interview either.
What's the prediction for (EB2 and EB3) in Dec 2021 VB FAD chart????
IIRC, As per Charlie, nothing for EB3 and couple of months for EB2.Quote:
Originally Posted by ImmiGiveMe
Thanks a lot for your reply. I believe I have not specified details regarding current employer. My current employer has not even started GC they are saying GC will be started 1 year later since I joined last month. The only reason I am switching to new employer beginning Dec is because they promised to file GC from day 1. A little bit backstory if it is helpful -
--I have been on h1b since 2009,
--PERM filed and i140 approved by consulting firm 'S' first time in EB3 in 2011 (thats why PD = 10/25/2011) ,
--later another consulting firm filed PERM and i140 in EB2 and ported PD - so I was able to port from EB3 to EB2 with approved i140 by this new employer 'O'.
--there is no way to go back and join companies 'S' or 'O' that filed my PERM and i140 in EB2 or EB3 (they were both owned by the same person and basically went out of business)
--I moved on and started fulltime job at company 'M' in 2017. They promised but never started PERM process.
--Fast forward to 2020, I quit my fulltime job with Company 'M'. I was on H1b with them until Apr 2020 and I did a COS to H4 in Apr 2020,
--got H4EAD approved in July 2021 (H4EAD validity until Sep 2021, took several months of processing time due to COVID)
--Filed extension in Sep 2021 for H4 & H4EAD which is pending adjudication.
--Got a job with company A in Sep 2021 and they filed COS to H1b (Validity Oct 1 2021 to Sep 2024). They said they will file PERM after 1 year of employment as per company policy.
--Got another job offer from company B in Oct 2021 and they are willing to file PERM on day 1. They're still evaluating my case and their attorney basically said it may be difficult to get another H1b extension until 2024 using AC21 (hence my questions above).
--All this while I have never been able to file 485.
I've been in such a roller coaster since past couple years honestly I cant wait to get off this GC train. so with all this information (probably too much info lol) -
Does it seem problematic to file H1b again and get validity until 2024 using AC21?
This is a tricky situation. However this is applicable for many people. I will respond with my interpretation (I am not an attorney). Refer to Article 245.25 of the Law for official wording.Quote:
Originally Posted by newyorker123
eCFR :: 8 CFR 245.25 -- Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment.
The law specifies three requirements for AC21 portability:
- Employment offer is continuing
- Qualifying petition has been pending for 180 days or more and
- Demonstrate the intention of the applicant to be employed under the continuing or new employment offer.
Once you work for the same employer for 180 days, USCIS widely accepts that you had demonstrated the intent to be employed for future GC job. In your case, your job offer is a future one and you are not actually working for the same employer. So everything comes to demonstration of "intent" / "honesty" which cannot readily be quantified.
I would argue that once your I-140 has been approved (before or after 180 days, wait to clear it for safety) and I-485 through future employer is pending for 180 days you are eligible for AC21 portability. So after 180 days you are not required to join the "future job" employer. You can do an AC21 and join any company that can provide you a I-485 Supp J "same or similar classification" justification. It all comes to intent.
I want everyone to be extra careful about what happens after you get your GC. IMO, you are required to work for initial employer OR the last employer that provided you I-485 Supp J, for atleast 6 months after getting GC. GC is provided for a future job and if you are not working in that job after getting GC, you are basically cheating. Not many care about this once GC is approved. However, it would be very hard to demonstrate the "intent" if USCIS comes after you. This is rare, but it happens especially during N-400 (Citizenship).
Thank you Idliman.
My I-140 with the ex-employer was approved many years ago.
I believe your understanding matches mine.
If I get GC by any chance in < 6 months, I should join ex-employer.
However if 6 months elapse, I have options: Either join my ex-employer whenever I get GC, or ask my employer at that time to invoke AC21 and file Supplement J.
If you had crossed 180 days and you intent to work for the current employer, ask them to file I-485 Supp J proactively. The clean way is to do it before you get GC. However, the attorneys will advise that wait for RFE and then respond with I-485 Supp J. But you need to let them know that you intend to work for this employer and hence you need to file I-485 Supp J proactively.Quote:
Originally Posted by newyorker123
If GC is approved before you send in I-485 Supp J, I would advise you to work for the employer who promised "future GC job". GC is issued based on a contract between you and the employer. The employer promises a job and you agree to work in that job after GC. Hope this helps.
Completely agree. Thanks!Quote:
Originally Posted by idliman
Dear Kara Zor-Al (soopergal),Quote:
Originally Posted by soopergal
You have a EB3I Nov2011 PD. Your Final Action (FA) current now. By GC filed by the consultancy company, you actually mean that PERM and I-140 was filed and approved. Please correct me if I-485 has already been filed. That changes the entire writeup below. For reference, you may need to obtain approved copies of your PERM and I-140. You can do a FOIA (separate topic for another day). You now are working in H4EAD status. You have filed COS back to H1B or already working in H1B status. Another company is willing to file GC on day 1.
Based on my understanding of your current situation, take up job with any compnay that promises to get started on GC process on Day 1. I believe you are already working for such a company. The easy option is to request the original company to support you in I-485, but you had mentioned that they are no longer in business. As you are not working for the company that did original PERM and I-140, you need to redo the PERM and I-140 process again. The PERM starts with prevailing wage determination, ad, hiring and then submission of PERM to DOL office. In the current situation PERM takes 1+ years. If there is any audit it may take even 1.5 or 2 years. After PERM, the company will apply for I-140. As your FA PD is current (the old PD can be recaptured), you can concurrently file I-140 and I-485 (GC Application or Adjustment of Status - AOS to Permanant Resident). You still have a long way to go. The first step is PERM and then it is followed by I-485. If you have a option to select, I would suggest going with EB2 instead of EB3 for your PD.
You need to keep H1B valid till you send in I-485 form and wait for 180 days after that.
The immigration process might seem intimidating at first. But things will get better once you read more and know more about immigration. Good Luck.
Thanks so much for your reply idliman!Quote:
Originally Posted by idliman
I have edited my post to add some more clarity. Just to mention again - I have never filed 485.
Based on my situation it seems my next step is to join the company that is willing to start PERM process on day 1. I am doing just that starting Dec. I am just not sure of the impact of having FA dates current on H1b approvals. I know of people getting EAD/AP approved and still holding on to their H1bs without any issues until 485 is approved.
My question is:
1. Based on Fragomen and another Bay area attorney the rule is that I have to file 485 within the 1 year (i.e. June 2022 coz apparently my FA dates were current in July 2021) of my FA dates being current. So what happens if I dont have PERM & i140 approved before the 1 year mark?
2. Do I have to go for H1b lottery again?
3. Current company (who is willing to start the PERM process after 1 year of employment) was able to get 3 year validity on the H1b filed in Oct 2021. Is there is a limit to the number of times I can get H1b approval since my 485 is not filed within the 1 year limit of being 'current'?
super grateful for this forum and appreciate all the help and insights!
folks can share "suggestions" if we know whats exactly the case is. Immigration process has its own jargon and forum users are so used to it. Let me take a crack here
Based on your post it seems your status in Oct was H4 and you were planning to join Comp-A on H1 and got 3 yr approval. But they will not start GC till 2022, so you are looking to join comp-B in Dec who is willing to start GC process on Day-1. Is this correct? If yes, then read fwd otherwise share your visa status as of NOW
As Idliman mentioned, you have to start your perm 1st and then 140/485 together if dates are current. As you will be joining within 3-4 weeks, my recommendation will be to start working with your future employer Immigration team and kick off your perm process. First phase has lots of documentation collection (job role, experience letters, EB2/3 determination, prevailing wage determination) which may take 3-4 months so start now esp the document collection part, instead of waiting for your start date.
I am surprised you got 3 yrs H1 as your dates were current. It maybe coz company didn't filed for your Perm and I-140 yet. Well it doesn't matter now, you will be eligible for unlimited 1-yr extension till your GC process is complete (approval of I-140 and then I-485). Company just have to show your case is filed and USCIS will take care of it next. As company will be spending on yearly H1 extension, its in their best interest to start their GC process ASAP.
Quote:
Originally Posted by soopergal