EB2-3 Predictions (Rather Calculations)

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Originally Posted by qesehmk

I have no specific insight but since nobody seems to have responded I will just add my "uninformed" opinion.

My suggestion would be to interfile. My understanding is that interfiling means the case processing (like finger prints medical FBI etc is not redone). All they do is visa allocation.

Whereas in refiling they might redo some of those steps which will add to your time to approve. Good luck !

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Appreciate your suggestion qesehmk.
Reason I am considering refiling is in an attempt to move out of the Texas service center. At the current rate, it is highly unlikely TSC can process applications submitted Oct 2020 or before even if they are current and DQ this FY.

For refiling , I am hearing that there have been some cases where the new I-485 was transferred to the service center which has the original I485.
Not sure what's the truth to that or how many cases got transferred. It might just a telegram groups hearsay.
But if that happens, I won't be able to interfile later as there will be another I485 in that category and in that case interfiling might be a better option.

I understand there is no definitive answer but still wanted to get other thoughts on what are the chances of the second I485 application staying with NBC/FO.

Thanks

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

Quote:

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Originally Posted by gsingh

Appreciate your suggestion qesehmk.
Reason I am considering refiling is in an attempt to move out of the Texas service center. At the current rate, it is highly unlikely TSC can process applications submitted Oct 2020 or before even if they are current and DQ this FY.

For refiling , I am hearing that there have been some cases where the new I-485 was transferred to the service center which has the original I485.
Not sure what's the truth to that or how many cases got transferred. It might just a telegram groups hearsay.
But if that happens, I won't be able to interfile later as there will be another I485 in that category and in that case interfiling might be a better option.

I understand there is no definitive answer but still wanted to get other thoughts on what are the chances of the second I485 application staying with NBC/FO.

Thanks

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I would not be concerned about which center the application goes - particularly when you are waiting in line for 10 years - any difference across different processing centers are minor compared to the overall wait times. Every otherwise if YOU were running USCIS would you think it is acceptable that one center runs slower than others and complicates your compliance with visa allocation laws?

So in short I would not base my decision on real or perceived difference in one service center vs another.

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Originally Posted by optimista

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

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I will be quick -

1. No - for 2010 EB2 or EB3 it shouldn't at all take 5-6 years. Much less.
2. You should get EAD ASAP since your date is within 485 filing times right? Just a matter of processing speed of EAD applications. As per GC - again I would think 1 year is more than enough for 2010. Check WhereismyGC if you don't believe me but that will waste a good $13 for no reason.
3. Don't do anything. Just sit tight. Occasionally keep checking status. If your FAD is current and don't get it within 6 months -definitely do an FOIA on the status of your case.
4. Also what is the interfiling? How it can be done in my case? - Don't even bother if you are 2010 case.

Good luck my friend --- I can imagine how fade up you are. But I think 2010 people should really stop worrying.

Quote:

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Originally Posted by qesehmk

I will be quick -

1. No - for 2010 EB2 or EB3 it shouldn't at all take 5-6 years. Much less.
2. You should get EAD ASAP since your date is within 485 filing times right? Just a matter of processing speed of EAD applications. As per GC - again I would think 1 year is more than enough for 2010. Check WhereismyGC if you don't believe me but that will waste a good $13 for no reason.
3. Don't do anything. Just sit tight. Occasionally keep checking status. If your FAD is current and don't get it within 6 months -definitely do an FOIA on the status of your case.
4. Also what is the interfiling? How it can be done in my case? - Don't even bother if you are 2010 case.

Good luck my friend --- I can imagine how fade up you are. But I think 2010 people should really stop worrying.

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Hi @qesehmk, thank you very, very much for your quick response. Although it is quick response, it's a complete response and provides valuable inputs to all my questions and concerns. Can't thank you enough to you for your service. Yes, I have been a loyal WIMGC subscriber and may just resubscribe as you are suggesting, just to keep tab on the GC processing.

Other than that I am good for now. Thank you for patiently dealing with frustus like me for days, months, years by now :-). You and others like you are the 'tinkaas' which we 'doobta hua aadmis' look for on this forum. Take care.

Quote:

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Originally Posted by optimista

Hi @qesehmk, thank you very, very much for your quick response. Although it is quick response, it's a complete response and provides valuable inputs to all my questions and concerns. Can't thank you enough to you for your service. Yes, I have been a loyal WIMGC subscriber and may just resubscribe as you are suggesting, just to keep tab on the GC processing.

Other than that I am good for now. Thank you for patiently dealing with frustus like me for days, months, years by now :-). You and others like you are the 'tinkaas' which we 'doobta hua aadmis' look for on this forum. Take care.

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Its surprising and unfair that you havent got GC yet when folks with 2011, 2012 & even 2013 PD have got theirs. My PD is 04/2010 and I got GC in Sept 2021. It is just luck.

You may consider interfiling i693. May save you upto 45 days (mailing time + rfe response time + i693 procurement time).

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Originally Posted by bones20

Its surprising and unfair that you havent got GC yet when folks with 2011, 2012 & even 2013 PD have got theirs. My PD is 04/2010 and I got GC in Sept 2021. It is just luck.

You may consider interfiling i693. May save you upto 45 days (mailing time + rfe response time + i693 procurement time).

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Thanks for the feedback. Yes, in my case I had recently changed the employer so my I-140 was not ready (approved), so my I-485 was applied along with application for I-140. I-140 took a few weeks to get approved and I think my application went back in the queue because of that I think. And my application is with Nebraska Service Center which is one of the slowest. I think these are the reasons. But in case you think there could be something else the reason here, please do let me know. I have come across many who are similar to my case. Thanks.

Quote:

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Originally Posted by qesehmk

I would not be concerned about which center the application goes - particularly when you are waiting in line for 10 years - any difference across different processing centers are minor compared to the overall wait times. Every otherwise if YOU were running USCIS would you think it is acceptable that one center runs slower than others and complicates your compliance with visa allocation laws?

So in short I would not base my decision on real or perceived difference in one service center vs another.

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Thanks qesehmk.

Quote:

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Originally Posted by optimista

Folks,
I wanted a bit of your advice. Following are my details.
PD:July 25, 2010
RD:October 30, 2020
ND:Feb, 2020
BM:August 2021
Category: EB2
Service Center: NSC (Nebraska)

In my case the big issue is incredibly low speed of processing at NSC. I have heard that processing speed at NBC (National Benefit Center) is much better. I have following issues to deal with or need answer on sone of the questions below.

1. As per back of the envelope calculations done by 'some' people on TrackIt, the EAD may take 5 to 6 months still to process and GC may actually take 5 to 6 years to process. These are absurd numbers but I just want to be practical here and understand what is coming for me in the near future. Can any of you please opine on this. The official processing time for EAD is already past November (i.e. I should have received my EAD by now) and for GC processing NSC is stating that it would take 14 to 20 months to process the GC.

2. Does anyone has any guesses about how soon I can get my EAD and GC. I am now really desperate to get at least the EAD and would definitely appreciate if you can tell me when i can expect EAD and Advanced Parole.

3. If GC is going to take 5 to 6 years as some people are claiming, what are my actions to expedite my case. BTW, I have done senator contact, tier 2 call and all that, waiting for them to call back. But I was thinking of downgrading to EB3 to see if my case can move to NBC. Does it makes sense at this point of time to downgrade this. My lawyer has said that they can do one more filing in EB3 (double filing) and we have to let USCIS know that I have also filed in EB2.

4. Also what is the interfiling? How it can be done in my case?

I am really fade up waiting now and it has taken unbearable tole on my personal and professional life. I am loosing a lot of FTE opportunities for lack of EAD and also unable to travel to India for the same reason (I just don't want to stand in the visa stamping line anymore).

Would really appreciate if you can provide your advice on how I can expedite my case.

Thanks so much.

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For EAD , you can request expedited processing. It's a hit or miss. D/L expiration or out of country travel has worked for some .
I got my EAD approved on 4th expedite request after driving around on expired license for a month.

Quote:

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Originally Posted by gsingh

For EAD , you can request expedited processing. It's a hit or miss. D/L expiration or out of country travel has worked for some .
I got my EAD approved on 4th expedite request after driving around on expired license for a month.

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Thanks @gsingh, really appreciate your advice. I think I will try expedite request with travel to India as an excuse.

Dear Experts,

Please let me know, if anyone have received update for your I765/I31 outside normal processing request. We have got an update that you should expect an action within 60 days. Still 20 days to go.

I do appreciate, if anyone got the same reply and approval status recently. Much appreciated your inputs and we have been waiting for long time to travel. Could we follow-up again or wait for the 60 days window to be complete?.

Thanks,

USCIS published FY21 Q4 485 data. Below are the approvals by quarter:

FY21 Approved EB 485
Q1 27,485
Q2 17,896
Q3 29,353
Q4 86,704
Total 161,438

Quote:

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Originally Posted by ImmiGiveMe

USCIS published FY21 Q4 485 data. Below are the approvals by quarter:

FY21 Approved EB 485
Q1 27,485
Q2 17,896
Q3 29,353
Q4 86,704
Total 161,438

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This should be unacceptable with 260K visa numbers available and they being able to process 87K in the last quarter it's such a waste ! unfortunately this is by design ; there is a strong bias against EB I

USCIS performance - 4th quarter

https://www.uscis.gov/sites/default/...y2021_qtr4.pdf

Quote:

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Originally Posted by soopergal

Please send similar good vibes for my H1b petition too! :) :) <prayer hands> :D

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TL;DR - future employer was also able to receive 3 year H1b approval. I'm happy but confused. I think I owed this community some insight about my case. Just wanted to say Thanks!


the Longer version:

Hi All,

A while back I posted about my situation (in my mind it was a unique one but probably not). Current employer had gotten H1 approved for 3 years even though PD was current since July 2021. This was a concern for future employer while transferring H1b. They pointed out from current employer's petition paperwork that in fact they had misrepresented to USCIS in saying that my priority date was 'not' current and had gotten a 3 year approval which could be problematic when its time to get GC approval. Future employer's attorney volunteered to fix that so this wont be an issue during filing 485 and re-filed paperwork and submitted to USCIS and said most likely they will get 1 year approval because thats the law/rule. We were going to go on H4EAD status just to stay employed and all sorts of theatrics incase I got 1 year approval. But lo and behold this week I got 3 year approval. I dont know how. I will most probably receive the petition soon to see what magic they did. But I just wanted to extend thanks to this community in providing support when I was feeling lost. I hope my post can help bring clarity to anyone else in my situation.

https://travel.state.gov/content/tra...uary-2022.html

Jan 2022 VB is out.

Except for EB2 FA (moved to 08JUL12) none changed from Dec2021 VB in FAD and Filing charts or all categories and countries

I am in the same boat. May 2011 PD. No EAD or I-140 approval yet. My application was received on Nov 4, 2020 and has been stuck in TSC. Had my biometrics in early September but nothing since.

Do you guys recommend interfiling to EB2? If anyone made the switch, what was your experience? Did anything move? Did the application stay with TSC or moved to another location? Will appreciate thoughts/advice.

Quote:

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Originally Posted by gsingh

Reposting.

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Originally Posted by gsingh View Post
Looking for suggestion on refilling v/s interfiling -

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

Quote:

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Originally Posted by soopergal

TL;DR - future employer was also able to receive 3 year H1b approval. I'm happy but confused. I think I owed this community some insight about my case. Just wanted to say Thanks!


the Longer version:

Hi All,

A while back I posted about my situation (in my mind it was a unique one but probably not). Current employer had gotten H1 approved for 3 years even though PD was current since July 2021. This was a concern for future employer while transferring H1b. They pointed out from current employer's petition paperwork that in fact they had misrepresented to USCIS in saying that my priority date was 'not' current and had gotten a 3 year approval which could be problematic when its time to get GC approval. Future employer's attorney volunteered to fix that so this wont be an issue during filing 485 and re-filed paperwork and submitted to USCIS and said most likely they will get 1 year approval because thats the law/rule. We were going to go on H4EAD status just to stay employed and all sorts of theatrics incase I got 1 year approval. But lo and behold this week I got 3 year approval. I dont know how. I will most probably receive the petition soon to see what magic they did. But I just wanted to extend thanks to this community in providing support when I was feeling lost. I hope my post can help bring clarity to anyone else in my situation.

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Good to hear positive outcomes !! 👏👏As I said we didn?t face this issue ourselves either wrt to my spouse so I didn?t even consider it an issue until you posted. Ignorance is definitely bliss in some cases , who knows how much fretting we would have gone through then

Quote:

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Originally Posted by SG2020

I am in the same boat. May 2011 PD. No EAD or I-140 approval yet. My application was received on Nov 4, 2020 and has been stuck in TSC. Had my biometrics in early September but nothing since.

Do you guys recommend interfiling to EB2? If anyone made the switch, what was your experience? Did anything move? Did the application stay with TSC or moved to another location? Will appreciate thoughts/advice.

Originally Posted by gsingh View Post
Looking for suggestion on refilling v/s interfiling -


My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC. I have a previously approved I-140 in EB2 with the same employer. My PD is current for FA in December in EB2.

I can either interfile to request USCIS to use the EB2 I-140 for the I-485 application. But with anticipation of mass interfiling , I am not sure when USCIS will be able to act on those.
Not sure if they are even going to accept the interfiling as it?s at their discretion. (Interfiled medicals 6 months back and not sure if those were attached to the I-485).
Per Reddy & Neumann, TSC is averaging 1300 I485 cases per month and it has a current backlog of 91000 I485s out of which 45000 were filed before Oct 2020.

Second option is to refile a new I-485 with EB2 I-140 in an effort to get out of TSC and hope the new application is processed by NBC/FO. I had moved out of the TSC geographical area but there is still a chance USCIS transfers the new application to TSC .
Does anyone know if there is any data available to determine whether USCIS is forwarding the refiling to the service center where the existing I-485 application is ?

I wanted to get other's opinion on both these options.
Appreciate any feedback.

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As you are current in both the categories, there is no value in interfiling. I have not heard any case which was transferred after interfiling although it is early to conclude anything.

USCIS released Q4 official report: https://www.uscis.gov/sites/default/...y2021_qtr4.pdf :

In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

By the end of FY21, 245,490 EB 485 cases are pending with the USCIS. Among them,
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

With such disparity people stuck at SRC and LIN will have to wait many years .

I think the best option is to raise this issue wherever we can citing the above data from USCIS.
Write to your reps/senators. If you work for the big tech company, raise it to the legal counsel.

Thanks for your response. Yes, I am current in both. The only difference between both the queues for me is I have an approved I-140 for my EB2. The I-140 for the downgrade has not been approved yet. Requests for expedited processing through Fragomen were turned down 3 times. Should I choose a queue where I have an approved I-140 at this point?

I will start writing to our 'leaders' in Cali...has anyone had any success with either the senators or their congressperson in the bay area? We had approached Dianne Feinstein's office during my wife's H4-EAD, and it was totally bonkers. We were just shocked by the treatment we received from her team - rude, incompetent, and just indifferent.

Quote:

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Originally Posted by gsingh

As you are current in both the categories, there is no value in interfiling. I have not heard any case which was transferred after interfiling although it is early to conclude anything.

USCIS released Q4 official report: https://www.uscis.gov/sites/default/...y2021_qtr4.pdf :

In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

By the end of FY21, 245,490 EB 485 cases are pending with the USCIS. Among them,
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

With such disparity people stuck at SRC and LIN will have to wait many years .

I think the best option is to raise this issue wherever we can citing the above data from USCIS.
Write to your reps/senators. If you work for the big tech company, raise it to the legal counsel.

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Quote:

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Originally Posted by SG2020

Thanks for your response. Yes, I am current in both. The only difference between both the queues for me is I have an approved I-140 for my EB2. The I-140 for the downgrade has not been approved yet. Requests for expedited processing through Fragomen were turned down 3 times. Should I choose a queue where I have an approved I-140 at this point?

I will start writing to our 'leaders' in Cali...has anyone had any success with either the senators or their congressperson in the bay area? We had approached Dianne Feinstein's office during my wife's H4-EAD, and it was totally bonkers. We were just shocked by the treatment we received from her team - rude, incompetent, and just indifferent.

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I see. Another option if you wish is filing a new I-485 in EB2 and withdraw the pending I-140 and I-485. Withdrawing I-140 takes just a few days.
When the original application is withdrawn , atleast from the initial data it seems the new I485 direct filling cases stay at NBC. There are people doing that.
Once I-140 is approved and over 180 days it cannot be withdrawn and 485 withdrawal takes a really long time so a pending I-140 might actually be a blessing.


There is a telegram group for the LIN/SRC folks in Cali trying to setup a meeting with senator staff. I can add you in there if you are interested. Let me know.

Quote:

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Originally Posted by inspired_p

This should be unacceptable with 260K visa numbers available and they being able to process 87K in the last quarter it's such a waste ! unfortunately this is by design ; there is a strong bias against EB I

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While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

Quote:

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Originally Posted by mitul75

While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

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Mitul - since I have been doing number crunching for a very long time I have observed how backlog by country by category and by processing stage (labor 140 485) has behaved. USCIS has systematically eliminated ROW backlog across all stages and all categories while starving EB-India at every turn. In the old days (i.e. 2008-2012 timeframe) EB India could easily get 10-20K spillover in each category EB1/2/3. But USCIS in those days systematically accelerated approval of ROW applications not just across categories but across processing stage. Funnily that included CP backlog for Philippines nurses too. Then they came up with this theory that the 7% limit holds across EB and FB and started approving (S. Korean EBs more than 7% in EB saying S Korea doesn't use as much in FB).

USCIS does have deep bias against Asians and Indians. There is just no doubt about it. The entire department doesn't have to have bias. Even if you have a few people that are racist that's enough to tip the scale against you.

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

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Originally Posted by waitingforGC1

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

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waiting i would imagine 1 month max, 48 hours ideally. There is no telling. FP is just a small step in your 485 processing. Wish you the best and welcome to forum

Quote:

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Originally Posted by waitingforGC1

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

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There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

I got my biometrics done in August and my wife in September this year. Her status update for I-485 and I-765 happened on two separate but consecutive days within a week of her appointment. My status never updated to show my fingerprints were taken/biometrics applied. After chatting with Emma/agent, I was informed that the officer may not have updated my case but the agent confirmed that the biometrics had been applied. As mentioned below, chat with Emma till someone confirms that biometrics have been applied.

Quote:

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Originally Posted by ImmiGiveMe

There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

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Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

Quote:

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Originally Posted by waitingforGC1

Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

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Once you initiate a chat with emma, type live agent and it will give you an option to click live agent link. if not type live agent until you get one.

Quote:

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Originally Posted by waitingforGC1

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

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Don?t worry about it. As long as you get your biometrics done and have the USCIS stamp on the biometrics notice when you go to get the biometrics it?s ok. My I-485 status never changed. It was always ?Fingerprint fee received? all through the process and then turned to ?New Card Produced? when things moved.

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

Quote:

---

Originally Posted by ashde1

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

---

Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

Quote:

---

Originally Posted by ashde1

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

---

Quote:

---

Originally Posted by qesehmk

Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

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It depends on your PD. If your PD is FA current OR you intend to stay with your employer till you get GC, then it is better to file I-485 Supp J. As you have ported using AC21, you cannot get GC without submitting another I-485 Supp J. So it is in your interest to submit I-485 J. It is in attorney's interest to keep postponing I-485 J and charge you again (or the company) when an RFE is issued for I-485 J. If your employer is paying for RFE, then insist on submitting I-485 Supp J. The law does not require the attorneys to file I485J, so almost all law firms use this as an excuse to delay submitting I485J.

On the other hand if your PD is very far off and more likely your medical will expire before your GC is approved, then there is no pressing need to submit I-485 J. But if you are not changing companies before GC, always proactively submit I485J (unless your same or similar classification is a hyperbole).

Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

Quote:

---

Originally Posted by time2work

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

---

I personally encountered this 12 years back. My personal experience is that if the company and your boss want to make it happen, they will. Otherwise the boss and the lawyers will throw all kids of BS at you. So read the tealeaves and act accordingly. Remember your H1 is different from GC application. So if they really want it anything is possible.

As per if the dates will be current - I leave that for others to answers.

Quote:

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Originally Posted by MKPD2015

Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

---

My friend - read this - https://www.qesehmk.org/forums/showt...ll=1#post29792

Quote:

---

Originally Posted by time2work

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

---

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed :))
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

Quote:

---

Originally Posted by time2work

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

---

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

Quote:

---

Originally Posted by time2work

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

---

GC is for a future job. The employer agrees to give you a job and you agree to work in that job. So IMO, you don't need to refile PERM, just be prepared to work in that location for 6 months after you get your GC. Once I-485 is pending for 180 days, you are eligible for AC21 job portability. But you can use it to "port" to current location. If you wish you can submit an I-485 Supp J at that time. It will be a miracle if your GC is approved within 180 days of filing the application. Lots of people here have filed for GC with Employer A, while working for Employer B. Your case less questionable relatively speaking.

Convince the employer and attorney that you are going to work in the original job location after GC. As Q mentioned this is only about the relationship between you, your manager and HR. If HR says make it happen, the law firm will make it happen.

As far as predictions go, I have lost the touch. My wild prediction is that nothing will happen on the immigration legislative front till a) One party gets 60 Senate seats, b) Filibuster gets abolished OR c) When US Lawmakers realize that they are losing to China on Tech and need Indian brain-power to compete with the world. They don't need extra brainpower for IT (We already have lots of brilliant minds caught in the backlog). But for Core Sciences the politicians have not realized it yet and immigration is not their priority. So plan your lives assuming that nothing will happen legislatively.

Thanks a lot, Qesehmk for your reply!