Dev, I would recommend concurrent as well.
New cases going to ARC are transfered to NBC. Filing concurrently will reduce the time between applications and possibly faster processing.
Quote:
Originally Posted by dev2010
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Dev, I would recommend concurrent as well.
New cases going to ARC are transfered to NBC. Filing concurrently will reduce the time between applications and possibly faster processing.
Quote:
Originally Posted by dev2010
An I-485 applicant does not have to be in a nonimmigrant status in order to interfile. The Employer's (and by extension, their Attorney's motivation to keep you from the Green Card for a few more years) is different from what the law or even the whims and fancies of USCIS require. Ask him for the rule, memo or case law that is guiding his position. Better still, considering that the I-485 is YOUR's not your employer's, you do not need them or their lawyer (who is also acting as your lawyer for purposes of the I-485) to interfile.Quote:
Originally Posted by NewHere
Was in your shoes 6-months ago. Similar PD, PERM had just been approved and my firm is basically doesnt do immigration, so I had no choice but to avoid lot of gates and chose to file concurrent/medicals all in one go to TSC. to put it mildly its been zero progress.
6-7months into the process just yesterday my file was transferred to NBC from TSC with no progress what so ever. My 2 cents, I would recommend non-concurrent, because that way your file may get routed sooner to NBC regardless of where you are filing. Especially, if you are going to go Premium I140 you do not have the danger of retrogression, and its a matter of 2-3 weeks for approval. Because to file I1485, attorneys at a minimum need an I-140 receipt number (which is only available 3-4 days after filing) plus I have seen folks that have gone non-concurrent get routed to NBC faster (and get a GC in about 8-9 months total).
Also, I would suggest not doing medicals right away either and interfile/respond to RFE when it arises. Risks and rewards are both your, so you make the decision but 2/3 weeks if employer/attorneys are easier to work with non-concurrent is the way to go
Quote:
Originally Posted by dev2010
Thanks @bloddy1, yeah I convinced Fragomen to do I-140 premium. Paying premium fees out of pocket (which is always legal btw). Will see how it goes. Good to know your case did transfer to NBC. Good luck to you. Hope you get your freedom soon.
I came here in the end of 2010 in H4. I started looking for a job in 2014 but since it needed sponsorship, so I had to check with consultancy. They asked me to add experience (which I didn?t have) in the resume for the visa sponsorship. I had 5 years of IT experience from India. I did not take that route.
Fast forward to 2016, I got my H4 EAD and then started job hunting. With the gap, it was very hard to get interviews. But at last, I got a good job offer in IT field itself. But my EAD was expired, and it was in the process of extension, so I couldn?t take that job offer. After 2 weeks or so I got my EAD approved but by that time the job position was filled. Then I gave up looking for job.
Fast forward to 2020, I was able to apply for AOS and by 2021 I got AOS EAD. I was not planning to look for an IT job but decided to give it a try for 6 months. Thus started my next job hunting in the beginning of 2022. I was able to get an IT job (in the same technology I worked before) after 11 years of employment gap in a fortune 100 company. In the interview, I was honest about my gap and my work experience. Thought of writing my experience, to inspire people not to give up.
For those who are interested, there are several companies which are offering Returnship opportunities ? people who have work experience but has employment gap. Mine was not a returnship opportunity.
I beg to differ on this. I have seen many cases on telegram groups where USCIS has accepted interfile requests and even given GC to people who started working on EAD.Quote:
Originally Posted by gammaray
In my understanding, USCIS is using its discretion to approve these cases.
Also, to get back on H status after using AP, one can make use of Auto Visa Revalidation rule. I know at least one case where a person was able to do this without any issues.
Quote:
Originally Posted by qesehmk
Q, unfortunately, USCIS is definitely NOT following the law in the current scenarios. I have seen cases with PD getting approved between 2010 to 2013, and they have all been random. I still know one person with PD 2010 who is stuck in SRC and has yet to receive his GC.
Regular processing times at SRC/LIN are outrageous and I agree with other users' suggestion that one, if possible, should try and get their I140 approved in PP and then file AOS. A person with PD 2010, they have enough time between now and the end of June to get their I140 approved and file AOS.
IMHO, you have enough time to get your I140 approved in PP first and then file AOS. Good luck with your case!Quote:
Originally Posted by dev2010
Thanks Monty. I have to say this is very compelling reasoning.Quote:
Originally Posted by montyp80
I think you meant to say you differ only with the last part i.e. ability to interfile.Quote:
Originally Posted by montyp80
My own interpretation is that there is no law governing or banning interfile in status x y or z. It's all crap made up by lawyers or uscis or employers or whatever. Usual scare tactics. It is time we have immigration lawyers who fight for the immigrants.
Hi, I was a silent observer on the site for many years. I have checked out of the immigrant matters for few months and am playing catchup now. Looking for pointers or advice on best course of action for my situation.
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole :).
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.
In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.
As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.
It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.
All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.
Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
This is painful to even hear but I do think you should be greened by September in EB2. USCIS it seems are basically trying to hold off all people who otherwise they are encouraging to file to EB2 until a time when they must consider them for extra visas. And then they are most definitely going to waste visas sighting ability to process visas.Quote:
Originally Posted by GCMirage
As per your case - I think it is relatively safe if they consider it in EB2. I am not so sure under EB3.
Not to plug in WhereismyGC but if people used it and compared chances in EB2 vs EB3 all this downgrade upgrade and the pain and expenses associate with it might have been unnecessary for a lot of people. Even today USCIS is moving EB2 to totally unrealistic realms and setting up false expectations. I think USCIS has significant number of sadist and racist jerks and losers.
Q do you have any foresight on how much the date would retrogress for EB2/EB3 India in Oct 22? I went through old posts and it seems since 2007 this is how USCIS has been functioning. I was under the assumption that filing date will give them better handle on data and would reduce the need to retrogress.Quote:
Originally Posted by qesehmk
The dates won't retrogress but visa allocation won't be guaranteed for all. EB3-India should move ahead.Quote:
Originally Posted by txsguy
According to what I am reading under ?chapter 8: Transfer of underlying basis?, the very first eligibility requirement states, ?1. Continuing Eligibility to Adjust Status?. And to adjust status one must be on a non-immigrant status. And hence I believe, one is not eligible to interfile after they have used EAD for primary employment (H1 is terminated). However, USCIS is using their discretion and pretty much ?allowing? everyone with previously approved EB2I140 (with same or previous employer) to interfile.Quote:
Originally Posted by qesehmk
As per APRIL DOS data, EB3P (Philippines) has already used close to 11k visas. Which is outrageous. Obviously, DOS is allocating EB2P numbers in EB3P citing low demand in EB2P. This, IMHO, going to hurt EB3I in terms of date movements.Quote:
Originally Posted by qesehmk
EAD is not a status but when one starts using EAD then you lose your H1 status and then your only status is AOS pending which technically is not even a status. It is just a limbo state that is recognized by AC21 law signed during clinton administration.Quote:
Originally Posted by montyp80
If a person is already in such a limbo state and waiting to be adjusted to immigrant status by virtue of AC21 then for the life of me I don't understand why changing basis is any problem at all. USCIS is very creative when it comes to stopping Indian/brown immigration. They come up with all sorts of crap and that's what this is. Their rules have no basis in law but then an immigrant who already is in a weak position can't go about challenging them.
Government agencies create their own rules and regulations and USCIS does too. But imho this whole thing about basis transfer is relatively new and they just came up with some explanation to control such transfers. That's how I see it!
I agree. However, under the new director, I am starting to see current USCIS in a completely different light. They are not following any strict guidelines or at least I am yet to see any case where interfile was rejected citing what is mentioned under Chapter 8. To me, it seems like USCIS is going to accept the interfile requests for everyone with previously approved EB2I140, irrespective of their current status.Quote:
Originally Posted by qesehmk
I am slowly starting to think that the current director might just be the best thing that ever happened to backlogged community. Hope springs eternal!
Yes I too think so!Quote:
Originally Posted by montyp80
Hello folks,
I have a question..not entirely related to prediction but I can link the question to prediction :p
Back ground - both I and wife changed jobs in recent past and GC process will start only after few months.
My wife's priority date is mid Dec 2014.
My PD is June 2015. Both EB2I
By the time hiring process starts, wage determination, perm etc is filed and approved , it will be another 18 months at least.
By then, her H1B would need renewal. Considering PD is in Dec 2014, I am considering that it will be current from Oct this year.
Second back ground -
My PD is in June 2015, and by the time process starts and ready for 485, it will be another 2 year considering very stiff and slow legal dept due to the nature of my employers domain.
Q - Do you see my PD becoming current in coming fiscal?
Original petitioner is ready to hire me as they are seeing growth but they won't be waiting forever unless I join them in a reasonable time.
Question - in case the legal team/employee considers her/my new job different then original EB file, then will we be still getting H1b extension based on earlier i140? Or it will add complexity as current h1b was based on previous employers i140?
And once the PD gets current, will we be getting H1B extension only for 1 year whether or not same PD is applicable?
Quote:
Originally Posted by Sebiswaiting
1. In my opinion, Dec 2014 seems likely before Oct 22. Depending on visa wastage, pending inventory and SO for next year, dates may or may not retrogress from Oct 22.
2. GC is for future employment, so in my understanding, you should be able to use approved I140 from another employer (different than your H1 sponsor) to extend your H1 beyond 6 years (others can chime in on this too). Usually, once PD is current in FAD chart, it is safe to assume that USCIS will provide H1 extension for 1 year. But again, in some cases, I have seen approval greater than 1 year as well.
Not sure write forum. Case stuck in downgrade from eb2 to eb3? What I can do to expedite it? Any advice
You haven't provided many details.Quote:
Originally Posted by kapilsharma
PD, Service Center, Interfile status etc.
But from what all I have seen other people are doing:
1. Interfile/Refile (interfile is surely much quicker and least expensive if you decide to go with a lawyer)
2. Once interfiled, follow it up with USCIS/EMMA, Tier1/2 calls, WKD requests etc
3. Political inquiry (call your local reps, senator, congressman/woman and have them follow up with USCIS)
4. Be persistent
Thanks.does it make sense to refile it again. But not sure does it requires new PERM. I think answer is no but can you please confirm.
My employer was keep saying no for downgrade and when finally they filed with downgrade only..
Hi Folks,
My PD is Dec 23 2014 EB2
What is likely timeline for my PD getting current
Thanks
Highly probable that all of Dec 2014 EB2 will be current on or before Oct 2022 visa buletin. If you are lucky it may be current as early as July.
Quote:
Originally Posted by PDDEC232014
Hope USCIS keeps their promise this time
https://twitter.com/USCIS/status/1529493517894131712
For the record, I let my H1B lapse after I filed AOS in EB3. My date will become current in EB2 next month and my immigration lawyer confirmed that my lack of non-immigrant status is not a hurdle to interfiling.Quote:
Originally Posted by qesehmk
Hi Gurus,
Please suggest me here. From Jun-1-2022 I will be current. I have already filed my EB3 on Oct-29-2020 with I140 approved and refiled 485 under EB2 on Apr-01-2022. Post filling my applications both EB2 and EB3 is at NBC and yet to be assigned to FO. But at present I am seeing all the approvals are coming from SRC are the interfiled cases .
Do you suggest to go for interfile or just wait and watch now. Appreciate any advice on this.
Also, Do you think, Dec-2013 cases will be adjuducated before Sep-30-2022?
Appreciate any comment and suggestion.
Thanks
Multiple I-485's are generally not recommended, was that something your lawyer advised?Quote:
Originally Posted by LeoAugust
How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.
Since USCIS has been harping on interfiling since a couple or so months now, I would think that would be effective and the way to proceed. Not sure what effect the additional I-485 will have on the process.
FAD from next month is till Sep 2014, and it's USCIS stated intention to "attempt" to use all available visas -- in which case Dec 2013 PDs should get it by Oct'22 especially all the documentarily completed applications.
Multiple I-485's are generally not recommended, was that something your lawyer advised?Quote:
Originally Posted by gammaray
--Yes. EB2 filling was recommended by attorney
How do you know the application is not "assigned" to a FO. There are generally no updates for that (USCIS does that internally), and approval or receipt notices often come directly from NBC, unless of course an application is picked up for an interview.
--I talked to EMMA. Live agent mentioned it is not assigned to any FO.
Not sure I understand --- so originally your I-140 was approved under EB2, then in Oct 2020 you filed a concurrent I-1485/downgrade I-140 to Eb3 (though if that was the case your application should not be at NBC unless it was transferred after), then in April 2022 filed another I-485 using the original EB2 I-140 instead of interfiling?Quote:
Originally Posted by LeoAugust
EB2 I140 was approved before. Downgrade EB3-I140 approved which was filed on Oct-2020. Apr-1-2022 Eb2-485 was filed and it went to NBC. The moment EB2 was filed EB3-485 moved to NBC. So I am not certain the EB3 movement was because of refile or it was moved from SRC to NBC as many applications were moving.Quote:
Originally Posted by gammaray
So my case was never interfiled, though USCIS has been asking to go for interfile.
Thanks Positive. Your first hand experience could be quite useful for others.Quote:
Originally Posted by Positive
From what it looks like, for all interfilers, USCIS is only looking for at least one previously approved EB2I140 (with the same or old employer) to consider and accept the TUB request. The intent from USCIS is very clear, issue as many visas as possible this year. Hopefully, the wastage will be less than 10%.Quote:
Originally Posted by qesehmk
Since you have already refiled, I would say just let your EB3 application be and do not interfile. Your case is in NBC which is a good thing and for the refiles they are reusing your biometrics etc. from EB3. If ever in future you are pushed to EB3 (not likely in this FY) as it has more favorable date, you are already in the queue instead of bouncing around.Quote:
Originally Posted by LeoAugust
Thanks. I am also thinking in the same line. FP already applied to 485 and all. But last meeting from DHS and the way they were promoting to go for interfile it makes think if I need to go for interfile also all the approvals what we see right now are all intefiles. Again, Thanks for your comment.Quote:
Originally Posted by LeoAugust
So BM was applied for the EB2- I485 as well, and you didn't have to do it again? I'm assuming you sent in medicals and similar documents for both I-485's and don't expect any RFE's for any documentation as such.Quote:
Originally Posted by LeoAugust
I would say given USCIS is making a push to issue as many gc's as possible under EB2, interfiling could be a good bet -- you still have 4 months till Sep 31 and if your application is documentarily complete that should be enough time for you to be issued the gc. You might also get lucky if USCIS automatically considers your case under EB2 (and sees you have another I-485 under EB2 anyway) without you having to interfile.
I agree with the other comments above. Do not worry about interfiling considering your both applications are at NBC. It is very likely that your EB2 refile will be processed first. I have seen instances where USCIS did not even wait for someone to interfile and approved the case in EB2 on the basis of the fact that the beneficiary had previously approved EB2I140. This may very well happen with your case too. Good luck.Quote:
Originally Posted by gammaray
Thanks @gammaray and @montyp80 Let's see how it is coming around. Last time my PD was current for two months and this year 4 months. Hopefully USCIS is faster this time...
I think you can be optimistic about your case getting processed by Sept 30 this year. USCIS stated in some call earlier about cases filled till April, and in today's AiLa update in immigrationgirl blog, she reported that cases filed up to initial week of June will be processed by Sept 30.
Quote:
Originally Posted by LeoAugust