EB2-3 Predictions (Rather Calculations)

Quote:

---

Originally Posted by Sebiswaiting

Hello Q and all,
This thread was a lively platform with some valuable insights on with predictions (rather calculations). How do we bring some of those conversatiins back with current situation/data?
I understand that a lot of old timers are finally able to enjoy freedom from hqb/l1b, which is such sweet to see. For rest and new joinees, I wish that I/we can learn ways to better analyse available numbers for prediction. Some factors that we may benefit from learning...

How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

I am sure there are many more factors. I hope the thread gets back to it's purpose and keep the legacy of knowledge, discussion and calculations!!

---

I can give some pointers to your first question: How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

The montly data needed for this is published here.

You want to look at the lines marked Issuances by FSC or Place of Birth and Visa Class.

Here's a summary for Q1 FY2022 (October - December)

Family - October to December (Q1)
Row Labels ------ FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 - Grand Total
China ----------- 177 -- 1,505 ---- 540 ---- 300 -- 1,893 ------- 4,415
India ------------ 41 ----- 84 ----- 19 ---- 372 -- 1,055 ------- 1,571
Mexico ---------- 395 -- 4,558 ---- 268 ---- 845 -- 1,224 ------- 7,290
Philippines ------ 73 ---- 111 ----- 76 ----- 84 ---- 144 --------- 488
ROW ----------- 3,974 - 12,868 -- 3,557 -- 3,326 -- 6,885 ------ 30,610

Grand Total --- 4,660 - 19,126 -- 4,460 -- 4,927 - 11,201 ------ 44,374

For reference, the total in FY2021 at this stage was 866.


Family - Per Month
Month ----------- FB1 --- FB2A --- FB2B ---- FB3 ---- FB4 --- Total
October ------- 1,758 -- 6,147 -- 1,618 -- 2,035 -- 4,287 -- 15,845
November ------ 1,553 -- 6,710 -- 1,554 -- 1,551 -- 3,734 -- 15,102
December ------ 1,349 -- 6,269 -- 1,288 -- 1,341 -- 3,180 -- 13,427

Grand Total --- 4,660 - 19,126 -- 4,460 -- 4,927 - 11,201 -- 44,374

For reference, the totals in FY2021 were:
October -- 259
November - 350
December - 257


Employment - October to December (Q1)
Row Labels ------ EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 - Grand Total
China ----------- 821 ----- 28 ---- 384 ----- 12 ----- 53 ------- 1,298
India ------------ 51 ------ 7 ---- 418 ----- 44 ------ 5 --------- 525
Mexico ----------- 20 ------ 9 ---- 244 ----- 13 ------ 0 --------- 286
Philippines ------- 0 ----- 12 -- 2,730 ----- 16 ------ 0 ------- 2,758
ROW ------------- 650 -- 1,261 -- 2,941 ---- 832 ------ 5 ------- 5,689

Grand Total --- 1,542 -- 1,317 -- 6,717 ---- 917 ----- 63 ------ 10,556

For reference, the total in FY2021 at this stage was 2,344.


Employment - Per Month
Month ----------- EB1 ---- EB2 ---- EB3 ---- EB4 ---- EB5 --- Total
October --------- 224 ---- 290 -- 1,248 ---- 303 ------ 9 --- 2,074
November -------- 430 ---- 452 -- 1,814 ---- 283 ----- 37 --- 3,016
December -------- 888 ---- 575 -- 3,655 ---- 331 ----- 17 --- 5,466

Grand Total --- 1,542 -- 1,317 -- 6,717 ---- 917 ----- 63 -- 10,556

For reference, the totals in FY2021 were:
October ---- 533
November --- 765
December - 1,046


It's not something I am continuing to update. Someone else needs to take this over.

@Sebiswaiting, Number prediction in this day and age has become harder because of the pandemic and other factors like lack of transparency from USCIS. DT was the best thing to happen to USCIS where they realized for the first time that they can get away in courts with providing zero transparency. So definitely the Eb2 and Eb3 movement prediction has become harder (especially without the pending 485 inventory chart). However there is still some value to be gleaned from metrics provided of DOS.

Quote:

---

Originally Posted by Sebiswaiting

How do we find an idea whether FB is getting processed in full capacity or there is slowness potentially some spillover next yr?

---

We are not likely to get much spillover next year from FB. In fact I would not be surprised if we do not get any. The CP numbers for FB so far are oct 15828, Nov 15069 and Dec 13398. Total Q1 it is around 44295. On an avg DOS needs to process around 57K each quarter. They can make up the deficit in Q3 and Q4 if they wanted to and it's not a heavy lift. However we do not know how COVID will impact over the coming months, so that's that. I would urge you to take this data with a grain of salt.

Quote:

---

Originally Posted by Sebiswaiting

How do we know if rest of world consumption of EB is high or low?if India / China can expect horizontal spillover

---

EB-I may get horizontal spillover in EB2 and in EB3. But SO numbers in EB3 will be significantly lower. ROW may end up using > 55K of the available numbers. The CP numbers for EB are Oct - 1762, Nov - 2696 and Dec - 5122. Total numbers for Q1 = 9580. Now why do I think in EB3 we may not get good horizontal spillover? The answer is simple Philippines. I am not here to bash any country but just stating the facts. The Philippines CP numbers so far for Q1 in EB3 are (314 + 565 + 1735) = 2614. So just by the trends looks like Philippines is likely to get more than allotted 5600 visas in EB3. How can USCIS do that? Well it can and has done that in the past. They have calculated 7% for the entire EB categories and not 7% for each category. As demand for Philippines is low in EB1 and Eb2 looks like they are trying to adjust the numbers in EB3.

Quote:

---

Originally Posted by Sebiswaiting

Trend of folks in eb3 2012-2013 who has got EAD - are the saying put in EB3 utilsing was or interfiling to be back in EB2. Whether EB2 can retrogress with this or we can hope to see forward movement.

---

Though people have mixed opinions about USCIS asking people to interfile, I think this is a good proactive measure being taken by USCIS. There are less applications in EB2, USCIS has two choices either keep moving the dates in EB2 or ask folks to interfile up to EB2 so that they can slow down the movement of dates in EB2. If they keep moving dates in EB2 it is only going to create the same mess and GC wastage as last year. Why can't they approve in EB3 and do something like what they are doing for Philippines? USCIS cannot do so because it is bound by the law. Unlike Philippines, EB2-I is not current. When EB2-I is not current, USCIS cannot roll the numbers down to EB3.

Quote:

---

Originally Posted by qesehmk

To my knowledge it is not critical at all. Informing SSN is only for your benefit so that they can issue you a new SSN card that has no work restrictions on it. Lets see if others may have any more insights. But if my memory is correct - it is not at all critical.

---

WaitingforGC1 - here is a thread with some discussion on the steps after obtaining GC
https://www.qesehmk.org/forums/showt...ighlight=steps

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!

Quote:

---

Originally Posted by srimurthy

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!

---

absolutely no problem. Good luck sri!

Thank you Q, Spec and Siva.
Spec - those info is helpful.Let me see if I can manage time to gather.
Q - Understandable. I just hope some of us get to know the lanes to navigate amongst available data. I do hope USCIS will be more tranaperant in near future
Siva - thank you. These insights are helpful to keep practical expectations in mind.

Hello Gurus, Please guide me on my situation. I have an approved I-140 with PD Feb 2017 with my old employer. I moved to new employer in 2019 and they didn?t start my PERM process yet due to covid. As the process is taking about 18 months to reach I-140 stage, I am really worried if my PD becomes current soon. Based on your experiences please advise me what I should be doing. Thanks so much in advance

I concurrently filed I-140 and I-1485 in January 2022 (I-140 premium processing). However, I received an RFE for experience letters for I-140. I worked for a bank in NYC for 6 years as a VP in a supervisory role. Unfortunately, the bank does not provide detailed letters of experience. I have a letter from HR which gives start date, end date and designation. However, it does not provide job duties. My manager at the bank also has refused to provide a letter of experience. As a result, I had taken a letter of experience from a peer. However, the RFE indicates that the letter from peer is inadmissible.

Request everyone's help as to what the best course of action will be. Are there other alternatives that are available ? This is an urgent matter and can make or break my green card journey. Any help will be greatly appreciated.

Do you have your job posting when you applied which should give the job responsibilities in details?
You letter of job offer is also likely to include similar details

Quote:

---

Originally Posted by srimurthy

Hi Everyone,

I am getting a full time opportunity with the client I was working for, for the last 10 years.
The GC came in around 5 months back and I have been with the employer for more than 5 years now. Is it ok to say that I am switching on the same role to end client as an opportunity came across!

---

Sri, take the opportunity and switch. Five months or six months does not matter. If it is me, I would push the joining date by 2 weeks so that it is close to the 6 months (5.5 months rounded to 6 months). What USCIS will look for is the intent. Keep a story in the back-pocket for switching. You were working on the same job for 10 years but was not direct. Your employer wanted you to go somewhere else, however you decided to stay in the same job as the GC PERM profile. Or Layoff as a reason also works. However you have to backup (and provide evidences if requested) anything you say in N-400 interview. So if there is any chance to save some paper work, do it also. Better to be prepared for all scenarios.

Good Luck.

Edit: What USCIS AO will look for in N-400 interview is evidence of fraud. Did the employer terminate the relationship on account of factors totally outside of the employee's control (e.g., loss of business, bankruptcy, restructuring or acquisition, move to a new location, etc.)? Or did the employee leave the employer, and if so, why?

To cover yourself, ask the employer to add details from PERM description as additional duties in the offer letter. And don't forget to PDF it and save it for records. Keep a story ready. You are good to go.

Quote:

---

Originally Posted by Immigo

I concurrently filed I-140 and I-1485 in January 2022 (I-140 premium processing). However, I received an RFE for experience letters for I-140. I worked for a bank in NYC for 6 years as a VP in a supervisory role. Unfortunately, the bank does not provide detailed letters of experience. I have a letter from HR which gives start date, end date and designation. However, it does not provide job duties. My manager at the bank also has refused to provide a letter of experience. As a result, I had taken a letter of experience from a peer. However, the RFE indicates that the letter from peer is inadmissible.

Request everyone's help as to what the best course of action will be. Are there other alternatives that are available ? This is an urgent matter and can make or break my green card journey. Any help will be greatly appreciated.

---

Quote:

---

Originally Posted by Nishant11

Do you have your job posting when you applied which should give the job responsibilities in details?
You letter of job offer is also likely to include similar details

---

In this case, you have to beef up your supplemental evidences and hope for the best. What is your attorney's advice?

1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
2) Show the PERM job description from 9089.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.

These are the things that I can think off now.

Gurus, Folks,

After the endless wait, finally I received my EAD/AP card. My GC/I-485 application is still pending. As luck would have it, my client has offered me a full time job. They want me to start ASAP sometime next week. My vendor is fine with me jumping to the client side. To give some context, my PD was in August 2010, category EB2, application was submitted in October 2020 (well past 180 days). Although I have accepted clients offer, there are many doubts.

1. Is it safe to use AC21 and move to new employer? What additional paperwork I have to have my new employer do to ensure the transition is smooth?
2. New employer is insisting that I should apply to H1-B as well since it is safe to do so. I am just fed up of this H1-B stamping process and difficulty in travelling. Have you seen people surviving just on EAD/AP? What's the benefit of having an H1-B still at this stage?
3. My wife's EAD/AP is still not processed. She is doing the usual SR, tier-2 cycle. But in general how long it takes for a spouse to get EAD card after the main applicant gets it?

Getting EAD/AP feels really great. Now I truly understand what the term 'get out of jail free card' exactly means :-) LoL.

Thanks to all the Gurus and folks who provided invaluable advice so far to me, it really helped me survive this excruciating process.

Take care you all.

Quote:

---

Originally Posted by idliman

In this case, you have to beef up your supplemental evidences and hope for the best. What is your attorney's advice?

1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
2) Show the PERM job description from 9089.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.

These are the things that I can think off now.

---

Thank you idliman - some really useful suggestions. My inline comments are given below:
1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
=> This is not needed as the letter from employer confirms start and end date (but not job duties)
2) Show the PERM job description from 9089.
=> Great suggestion! Unfortunately, Job description in 9089 does not cover my managerial responsibilities, which may become an issue as PERM requires 2 years of management experience :( I was able to find a letter that the employer wrote to USCIS in support of my H1B extension (ongoing job). Again, this does not describe my managerial responsibilities, focuses more on domain expertise and technical skills. However, this may prove to be helpful - will include it in RFE reply.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
=> Same as 2, I-140 has the attached 9089.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.
=> I am able to get a notarized letter from the person who was my direct supervisor for 1 year. Going to add this to the RFE reply as well.

1. Is it safe to use AC21 and move to new employer? What additional paperwork I have to have my new employer do to ensure the transition is smooth?

Similar situation as yours in 2012. Only 485J would need to be submitted assuming old Job and New Job are similar.

2. New employer is insisting that I should apply to H1-B as well since it is safe to do so. I am just fed up of this H1-B stamping process and difficulty in travelling. Have you seen people surviving just on EAD/AP? What's the benefit of having an H1-B still at this stage?

If your employer is paying for it then it provides you the safety net of continued lawful status in the remote possibility that your GC gets rejected. You can travel on AP and give up your H1B status if you feel like it when you come to that bridge.

3. My wife's EAD/AP is still not processed. She is doing the usual SR, tier-2 cycle. But in general how long it takes for a spouse to get EAD card after the main applicant gets it?

Shouldnt be the case. Get help from your senator/representative to get traction on her case.

I have been on EAD for 9 years, EAD reduces stress for job change but adds 4 hours each time you come back to US (secondary inspection). By the 4th time I was answering questions preemptively in the secondary inspection!

Good luck and god speed in getting your GC.

I am currently working on H1-B visa, and also have approved EAD/AP(as the derivative applicant). I plan to travel to India later this week, and re-enter US on my AP (as H1 is not stamped). If immigration officer asks about H1 and why you entering on AP, any recommendations on what should the response be?

Thank you.

Quote:

---

Originally Posted by amey111

I am currently working on H1-B visa, and also have approved EAD/AP(as the derivative applicant). I plan to travel to India later this week, and re-enter US on my AP (as H1 is not stamped). If immigration officer asks about H1 and why you entering on AP, any recommendations on what should the response be?

Thank you.

---

Exactly what 's true-- the H1 isn't stamped so your using AP for travel and continuing working with the same employer as you were on H1b. I don't believe anything will be questioned as such.

Hi Gurus,

With Mar-VB what is your opinion about EB2 FAD how far it will go? Do we see a chance of touching Jan-01-2014?

Appreciate your thoughts.

Thanks

Quote:

---

Originally Posted by LeoAugust

Hi Gurus,

With Mar-VB what is your opinion about EB2 FAD how far it will go? Do we see a chance of touching Jan-01-2014?

Appreciate your thoughts.

Thanks

---

Highly unlikely. You can't expect FAD to go beyond FD by end of the FY.

Quote:

---

Originally Posted by Transformer

Highly unlikely. You can't expect FAD to go beyond FD by end of the FY.

---

When do you think it will likely touch Jan-01-2014?

Hi Experts - Need some guidance in my scenario

Company A -- EB2 I-140 approved -- PD 06/2013

Current Company B -- EB2-EB3 downgrade filed Nov'2020 BM done - No EAD/AP - spouse got EAD/AP

EB3 I-140 approved with correct PD 06/2013

EB2 I-140 approved with INCORRECT PD 10/2019 (probably lawyer's mistake which I didn't realize due to the gungho of EB2-EB3 downgrade last year)


1. How painful/difficult to Interfile especially since USCIS is pushing to Interfile/Upgrade to EB2 since my current I-140 does not capture the correct PD 06/2013?

2. Can I file fresh I485 with Supplement J from Company C (totally new) with approved EB-2 I-140 from Company A (since this has correct PD 06/2013).

Please weigh in your thoughts/recommendations?

Thanks

Dear Gurus,
Can you please suggest if I need to interfile in Eb2 based on the recent notification of USCIS.
Our details are as below
I have applied for I-765(LIN2190177XXX) along with I-485 (LIN2190177XXX ) and I-131(LIN2190177XXX) on 10-30-2020, and gave fingerprints on 05/14/2021, and till now there is no update on any of my cases. I have even raised a service request SR13472107XXXNSC on 12/13/2021, and there is no update on that.
Also, initially when my application was sent on 10-30-2020, we also sent applications my spouse and daughter. However, the applications of my wife and daughter were being processed at the National Benefits Center, and my application was being processed at the Nebraska Service Center. So, for some reason our applications were being processed at different locations.
On 02/12/2021 USCIS rejected the application of my spouse, stating some papers were missing, and subsequently our attorney's office resubmitted her application, and that new application is being processed at MSC center. My spouse?s receipt numbers are as below
I-485 (MSC2191144XXX) - Pending at MSC
I-131 (MSC2191144XXX) ? Approved on 11/10/2021
I-765 (MSC2191144XXX) ? Approved on 11/10/2021
My daughter also gave her fingerprints along with me on 05/14/2021.
My daughter's receipt numbers are as below
1-485 (MSC2190788XXX) ? Pending
I-765 (MSC2190788XXX) ? Approved on 08/06/2021
I-131 ( MSC2190788XXX) ? Approved on 08/06/2021
My daughters I-485(MSC2190788XXX) application was transferred to LIN office on 07/14/2021
On 08/09/2021 I sent I-693 (Report of Medical Examination and Vaccination Record) forms signed by the Civil Surgeon to the pending form I-485 for my daughter and I, to LIN office. We sent the medicals without any RFE from USCIS
On 08-09-2021 my spouse gave fingerprints
On 11-10-2021 my spouse's I-765 was approved
On 01-25-2022 my daughters I-485 was again transferred to MSC center.
Can you please suggest if I should wait for my case to be processed in EB3 or should interfile in EB2with a hope that they will look at my file, and also if that would help in getting all of our applications in one service center.
Thanks in advance,
Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

Quote:

---

Originally Posted by AnandK

Dear Gurus,
Can you please suggest if I need to interfile in Eb2 based on the recent notification of USCIS.
Our details are as below
Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

---

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.

Quote:

---

Originally Posted by rave79

1. How painful/difficult to Interfile especially since USCIS is pushing to Interfile/Upgrade to EB2 since my current I-140 does not capture the correct PD 06/2013?

---

You have to work with your attorney on that. My hope would be that it's not that painful as your downgrade petition had the right PD. If it were that difficult your downgrade petition would have carried your EB2 PD and your 485 would have been rejected.

Quote:

---

Originally Posted by rave79

2. Can I file fresh I485 with Supplement J from Company C (totally new) with approved EB-2 I-140 from Company A (since this has correct PD 06/2013).

---

This is straight up impossible unless you go through perm and i140 again with company C

Quote:

---

Originally Posted by vsivarama

You have to work with your attorney on that. My hope would be that it's not that painful as your downgrade petition had the right PD. If it were that difficult your downgrade petition would have carried your EB2 PD and your 485 would have been rejected.



This is straight up impossible unless you go through perm and i140 again with company C

---

Thank you @vsivarama , Will this block me from Interfiling (rather upgrade/move back to EB2 that USCIS is currentlyasking everyone https://www.uscis.gov/newsroom/alert...sed-categories ).

Does the I-140 with incorrect PD need an amendment to capture correct PD or does it need a fresh filing?

I feel like I may lose out staying back in the EB3 for the next 6-12 months :-( because my PD will be current in the next visa bulletin Apr'22

Quote:

---

Originally Posted by vsivarama

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.

---

Thank you Sivarama, I too am thinking to wait for some more time with a hope that it gets approved in EB3.

Quote:

---

Originally Posted by rave79

Does the I-140 with incorrect PD need an amendment to capture correct PD or does it need a fresh filing?

---

This is a clerical error. I do not believe you need to file a new or amend your i140. You lawyer can explain and point out the clerical error in the interfile letter and USCIS should be able to rectify it. You have to work with your lawyer on that. You may want to check out the link below.

https://www.immigration.com/faq/eb2-...-i-140-another

Quote:

---

Originally Posted by vsivarama

This is a clerical error. I do not believe you need to file a new or amend your i140. You lawyer can explain and point out the clerical error in the interfile letter and USCIS should be able to rectify it. You have to work with your lawyer on that. You may want to check out the link below.

https://www.immigration.com/faq/eb2-...-i-140-another

---

Thanks for your responses @vsivarama, Appreciate it.

Quote:

---

Originally Posted by vsivarama

Interfiling is a personal decision that one has to make. Will your case be processed any quicker if you interfile is anybody's guess. No one knows the answer at least not so early into the interfile process. We try not to speculate in this forum (at least not without data). Good news is you are current in both and will likely will remain current till Sept 2022. One major factor to consider is your daughter. I am assuming her age was locked in EB3. If she is over 21 now then just forget about interfiling as her age is not locked in EB2. If she is close to 21 (like a few months short) it's still a risky move as we do not know when USCIS will accept your interfile request and if they do after she turns 21 she can potentially be kicked of your application based on CSPA calculations for EB2 i140. If she is well below the age of 21 then of course you can explore the option to interfile. But as of now, I have not heard of any quick turnarounds and success stories of an interfile. So do you want to go through all this when your date is already current is the question you need to answer yourself.

---

Also, wanted to inform that age of my daughter is 16.

Quote:

---

Originally Posted by AnandK

Anand
PD : 06-22-2011 (EB2)
RD : 10-30-2020
ND : 02-06-2021
Biometrics : 05-14-2021
I-765 ? Not Approved
I-485 ? Not Approved

---

Alot has happened since you filed your case back in 10/2020 so it means USCIS is actively working on your case. Its unfortunate your case hasn't reached desired outcome i.e approval. Your dates are in 2011 and kid age is in no danger of aging out.

With that said as others have said Interfiling is your decision. If I am in your place, before interfiling for EB2, I will involve my Senator / Reps here. Thats the most straight fwd imho and doesn't cost a penny. If still you don't get response from USCIS then you can start thinking abt EB2 filing.

Quote:

---

Originally Posted by monsieur

Alot has happened since you filed your case back in 10/2020 so it means USCIS is actively working on your case. Its unfortunate your case hasn't reached desired outcome i.e approval. Your dates are in 2011 and kid age is in no danger of aging out.

With that said as others have said Interfiling is your decision. If I am in your place, before interfiling for EB2, I will involve my Senator / Reps here. Thats the most straight fwd imho and doesn't cost a penny. If still you don't get response from USCIS then you can start thinking abt EB2 filing.

---

Hi Monsieur,

Thanks for the response. You are right that USCIS seems to be actively working on the cases of my spouse and child. However, it looks like they are yet to start working on my case, and that is what is causing anxiety for me.
I have already contacted the office of our congressman last week and waiting for the response. They said it normally takes 30 days for the response from USCIS, so I will wait and watch for the time being.

Thanks
Anandh

Rule of thumb, primary and dependent are approved in short amount of time. Optimistic in me thinks, your file is complete. USCIS noticed/missed things on your dependent files and reached out to you. When all 3 files are aligned, they will approve it in short window of time.

Wait for congressman response and see where it takes you. I have observed, many folks get canned response - "we are working on it" but their case gets approved within 1 month post congressman/senator enquiry.

All the best!!

Quote:

---

Originally Posted by monsieur

Rule of thumb, primary and dependent are approved in short amount of time. Optimistic in me thinks, your file is complete. USCIS noticed/missed things on your dependent files and reached out to you. When all 3 files are aligned, they will approve it in short window of time.

Wait for congressman response and see where it takes you. I have observed, many folks get canned response - "we are working on it" but their case gets approved within 1 month post congressman/senator enquiry.

All the best!!

---

Thank you, hope it gets approved soon.

Quote:

---

Originally Posted by vsivarama

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. They will be unable to interfile your request in EB2 as they do not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case they are willing to do so as GC is for future employment.

---

So USCIS is at it's mysterious best again. Here is the case from trackitt

PD: Dec 2012
EB2-EB3 downgrade
Changed employer on EAD in Sept 2021
During the interview handed off new 485j with old EB2I140
GC got approved in a month.

https://www.trackitt.com/usa-discuss...-and-dependent

Apart from that, hear a few more cases (not current in EB3, current in EB2) where they were approved even without an interfile request!

Looks like USCIS might actually bend their own rules to issue a huge amount of visas in EB2.

Guys, I received a standard RFE (medicals, job offer letter) for my I-485 on Dec 6 2021. My PD is April 2010. My attorney filed RFE response which was received at USCIS on Feb 9, 2022.

Any guesses how much time USCIS takes to make a decision? My case is with TSC.

Cheers

Quote:

---

Originally Posted by Immigo

Thank you idliman - some really useful suggestions. My inline comments are given below:
1) Prove that you worked in the Bank for 5 years (by providing paystubs or W-2's)
=> This is not needed as the letter from employer confirms start and end date (but not job duties)
2) Show the PERM job description from 9089.
=> Great suggestion! Unfortunately, Job description in 9089 does not cover my managerial responsibilities, which may become an issue as PERM requires 2 years of management experience :( I was able to find a letter that the employer wrote to USCIS in support of my H1B extension (ongoing job). Again, this does not describe my managerial responsibilities, focuses more on domain expertise and technical skills. However, this may prove to be helpful - will include it in RFE reply.
3) Usually attorneys include descriptions in I-140 application. You can use that too.
=> Same as 2, I-140 has the attached 9089.
4) Instead of getting experience letters from one co-worker, get it from 3 or more. Tell them that USCIS may call anytime to verify.
=> I am able to get a notarized letter from the person who was my direct supervisor for 1 year. Going to add this to the RFE reply as well.

---

Following up: My I-140 was approved today. The following strategy worked:
1) Shared emails from HR and immigration team from my former employer to confirm that they cannot give detailed job duties in the employment letter.
2) Got notarized letters (not on letter head) from 2 of my former supervisors confirming my job duties.

My understanding is that letters from managers are not accepted unless you can prove that the employer does not provide a letter with detailed job duties (number 1 above). This is an excellent source for reference: https://www.seyfarth.com/dir_docs/pu...ionLetters.pdf

Useful tip: To get the letters notarized, I sent mobile notary to my former supervisors. That way, they just had to show an ID and sign instead of finding to a notary themselves.

Overall, it pays to be more careful at PERM stage itself. Qualifying experience is mentioned in 9089. I was not aware of this. Make sure to discuss with your lawyers that the letters for qualifying experience are strong. In my case, I had additional experience letters which I was unable to use to respond to RFE as the lawyer did not include the experience in 9089.

To interfile or not?

Hello Experts,

I have a PD of March 2013. My dates/status are in my signature. No updates on 485/EAD/AP since September 2021.

My current EB3 application is now retrogressed. Not sure when EB3 will move again. Maybe in last quarter; but I not very optimistic that March 2013 will become current.

Meanwhile I am current in EB2 FAD as of March. My PERM, which was approved less than a year ago at the current employer, was filed for EB2. So my employer can apply for I140 in premium and then I485J to interfile. Lawyer says that since original PERM is not available, USCIS may reject premium and ask to reapply in 30 days; which we will. They said that usually these types of I140 applications get approved in a month or so. That means the actual interfile application will reach the new California center late April or so.

Interfile will mean my 6 month AC21 clock will get reset. It will cost additional time, money & effort. Also, it is a bet on EB2 being ahead of EB3, which is true right now, but may or may not actually stay that way in future bulletins. Are there any other cons of interfiling? Pro is higher probability of getting GC by September 2022 (but no guarantees of course).

What would you do in my situation? Interfile to EB2?

Quote:

---

Originally Posted by mmax123

To interfile or not?

Hello Experts,

I have a PD of March 2013. My dates/status are in my signature. No updates on 485/EAD/AP since September 2021.

My current EB3 application is now retrogressed. Not sure when EB3 will move again. Maybe in last quarter; but I not very optimistic that March 2013 will become current.

Meanwhile I am current in EB2 FAD as of March. My PERM, which was approved less than a year ago at the current employer, was filed for EB2. So my employer can apply for I140 in premium and then I485J to interfile. Lawyer says that since original PERM is not available, USCIS may reject premium and ask to reapply in 30 days; which we will. They said that usually these types of I140 applications get approved in a month or so. That means the actual interfile application will reach the new California center late April or so.

Interfile will mean my 6 month AC21 clock will get reset. It will cost additional time, money & effort. Also, it is a bet on EB2 being ahead of EB3, which is true right now, but may or may not actually stay that way in future bulletins. Are there any other cons of interfiling? Pro is higher probability of getting GC by September 2022 (but no guarantees of course).

What would you do in my situation? Interfile to EB2?

---

I cannot speak for whether you should interfile or not. That will have to be your decision. Based on the FY22 Q1 data, TSC and NSC approved roughly 1k/month for the first 3 months of this FY. They currently have a backlog of 97k and 87K respectively. Looking at these numbers, it's very clear that anyone stuck at these centers should figure out a way to get out of those black holes. Based on many telegram groups and trackitt, interfie/refile is helping their cases to move to NBC all the way through GC approval. NBC is processing cases at a much higher rate/speed (they approved roughly 23k cases in Q1). I would definitely consider refile if cost is not an issue or else interfile would be my obvious choice.

My company does not support Refile only Interfile So Is your suggestion for interfile is also for EB3 PD Aug 2011 struck up at Texas cases Or we should just wait

Quote:

---

Originally Posted by montyp80

I cannot speak for whether you should interfile or not. That will have to be your decision. Based on the FY22 Q1 data, TSC and NSC approved roughly 1k/month for the first 3 months of this FY. They currently have a backlog of 97k and 87K respectively. Looking at these numbers, it's very clear that anyone stuck at these centers should figure out a way to get out of those black holes. Based on many telegram groups and trackitt, interfie/refile is helping their cases to move to NBC all the way through GC approval. NBC is processing cases at a much higher rate/speed (they approved roughly 23k cases in Q1). I would definitely consider refile if cost is not an issue or else interfile would be my obvious choice.

---

Noted. Thank you very much!

I will be paying this out of pocket, but cost is not a concern. Worth the investment if it increases the probability of getting greened this year.

Quote:

---

Originally Posted by sanjeevchhibber

My company does not support Refile only Interfile So Is your suggestion for interfile is also for EB3 PD Aug 2011 struck up at Texas cases Or we should just wait

---

USCIS guidance says you should interfile only if the visa is not available to you in EB3. Personally, I would send in interfile request anyway if it helps push USCIS to pick up my case.

Edit: probably had a brain fade moment and I replied originally saying your PD is not current. My bad.