Gurus, What would be the chance for 2016 filling dates in next few years?
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Gurus, What would be the chance for 2016 filling dates in next few years?
Without any change of legislation, and if you consider normal years like pre COVID, then it may take decade or more to reach 2016. I hope this proves wrong, but I said above considering
1. fb to eb spillover won't be there
2. EB1 to eb2 spillover won't be there due to eb1 demand.
3. 2015 onwards the pending counts are highers.
Check the movements in 2016 to 2019 Sept. Remember EB demands for then current years like 2008,2009 were much lesser than 2014,2015 or 2016
Quote:
Originally Posted by A0000Z
Hello -
I was hoping to get some information regarding when I can expect I485, I765/I131.
Here are my details -
EB2 Priority Date of Dec 2012.
EB2 - EB3 downgrade - Sept of 2021. I do not have an EB3 I-140.
Receipt date - Oct 4th.
Biometrics - Nov 4th.
I did not interfile.
Currently USCIS predictions for 80% of cases - Nebraska
I765/I131 - 16.5 months
I485 - 32.5 months(!!)
Is anyone in the similar boat as me? When can I expect I765/I131? How accurate are the USCIS predictions?
Just out of curiosity, why haven't you interfiled?Quote:
Originally Posted by san_archer
There are thousands of cases that are still stuck at both NSC and TSC without any activities for more than 18 months now. Interfile has been triggering activities on those 'stuck' cases for many people. I would strongly recommend you consider going that route unless you are ok taking chances with EB3 date movements.
That is valid question. I work for a small company based in rural America. I`m the only immigrant here. The awareness of the immigration process is non-existent, and to make matters worse there is a zero-sum game approach. That`s the reality. I had a tough time convincing the management to downgrade from EB2-EB3, and I was only able to do it in Spet 2021 - almost a year late to the party. Interfiling request would have caused more friction and stand offs. The attorney too is not helpful. So, I end up being at the mercy of them. But things might change, I have convinced them to interfile, might happen in two weeks. I just hope, I`m not too late to the party again.Quote:
Originally Posted by montyp80
That's great that your company is supportive now. Alternately you can also send just an interfile request (without 485j) directly to the center where your case is pending, yourself. Considering you are with the same employer, USCIS may not even send RFE for 485j.Quote:
Originally Posted by san_archer
You can use this website to generate your interfile request (if you decide to self-file as a backup): https://gcinfo.org/
Good luck
My PD 23 Dec 2014
I will be filing for the first time in EB2 i485 AOS if the chart opens in July
What are the chances for FAD to move to Jan 1 2015 with Aug bulletin
Any remote chances for approval before Sep 30 2022
I know this is very stupid, just wondering with so many steps like biometrics - is it a must to be completed before I485 approval or is it mainly for EAD
You mentioned you don't have a EB3 I-140. Was your downgrade via an amendment (as opposed to filing a new EB3 I-140) to existing EB2 I-140?Quote:
Originally Posted by san_archer
Not sure how interfiling works for amendment cases as per my understanding, an approved amendment makes you show in EB3 and EB2 route is no longer available. I hope i am wrong though.
Are you seeing approvals in your friend circle/network? This forum saw a large number of approvals between July 21 - Oct 21. And then few in May22.
USCIS repeatedly saying that they will try to use all EB this FY, but the numbers /sentiments doesn't match so far. May be Q4 will have bulk approval..but that is just hope.
If they waste thousands this year, then it will be a great lost opportunity to reduce EB backlog for India born employees. Don't even want to think about last year's 67k wastage
I am seeing approvals in 2014 PD telegram group. But so far only 3-4 approvals in the group of 1k+ members, so the rate is less than 1%.Quote:
Originally Posted by Sebiswaiting
In the group, which is specific to approvals, I am seeing mostly 2012 and 2013 PD approvals.
Yes, the hope is that the approvals will pick up starting in July.
The dates could very well open. But I am afraid the chance of approval is negligible.Quote:
Originally Posted by PDDEC232014
Q, Are you saying this purely on the basis of processing times or PD?Quote:
Originally Posted by qesehmk
Because I just saw a case which was approved within a month, from RD to Card being produced status date.
Also, approval for 2014 PD is still scarce, I heard yesterday about the 2014 Nov case getting approved. So it seems like these days everything is based on pure luck.
Specific to his PD Dec 2014 I think the chances of approval are low. But yes this is going to be quite random for candidates in 2012/13/14. 2011 should sail through.Quote:
Originally Posted by montyp80
I personally knows folks with late 2010 PD still waiting; even thou they filed their cases back in May/June 2021. (Job change, new perm resulted in 2021 filing instead of Oct 2020)
It really depends on the complexity and nuances of indvidual cases (like you say job changes, downgrades, upgrades, etc.) and of course luck to an extent (application at SRC, backlogged FO, etc). I would say at a minimum all the 2014 applcations that are documentarily complete and downgraded in 2020 and have by now interfiled, should get their gc's by September. Also USCIS has mentioned that any applications till the first week of June should be issued a gc by September -- which means most of the 2013 folks that should have sent in their applications in May and any of the 2014 folks thats sent in completed applications (with medicals) in June first week. It would be impressive (by their standards) if USCIS could schedule,complete biometrics and background/security checks and evaluate and issue the gc, all in 3 months.Quote:
Originally Posted by monsieur
LOL to USCIS issuing GCs by September for July filings.Quote:
Originally Posted by gammaray
Many people that filed last year Q4, Q3 are still waiting ...
First week June, not July. But again, it's not linear and depends of several individual factors -- so last year's applications could be waiting while recent ones get it. If USCIS is making the claim that all 290K visas will be utilitized they will have to process May/June filings (since Eb2 dates progressed 15 months in May/June and thats where the demand exists to fulfill the supply).Quote:
Originally Posted by EB22010Dec
I won't believe it till I see it either, but logically thats what should happen if there is zero/minimal visa wastage.
Only reason filed in June 2021 coz of job change. Straight EB3 with all paper work included. Its just dismal processing speed is the reason for no approval yet.Quote:
Originally Posted by gammaray
Hey Guys,
We have an interesting situation and thought to pick your advice.
My Brother-in-law got his I-485 approved on June 14th, and got his approval notice. But there is no update on Card being produced?. He has is EAD/AP with validity till June-2023. He has an urgrnt travel to visit India which is booked for July-11.
We raised a couple of infopass requests, got a call from uscis and unfortunately they do not have any appointments to book in the next couple of weeks, so he can get I551 temporary GC stamped. Their interpretation is that he can still use his AP for travel but he has to show is I485 approval notices at the port of entry. The descretion will be on CBP officer to let him in.
Im sure someone may have faced this situation in the recent past due to covid and indefinite wait times.
We also called CBP and their response was vague but encouraging. From them and AP is valid but beneficiary may expect a change in status while they are out of the country. We have seen such cases where GC was approved and recieving a card while someone is still out of the country and POE either stamped or gave them temporary permit to enter the states and return back to CBP office with evidence. My BIL case falls in a rather different scenario that we are seeing recently due to administrative issues.
Can someone throw some light? Is AP still valid in this case? What is the final status that really voids all other immigration statuses ? Is it I485 approval notice or Card produced status the final step that nullifies all other statuses?
We have a call scheduled with Immigration lawyer too. Just thought to run it by this lovely group.
I do not know the answer but please post your findings. This will be very helpful for others.Quote:
Originally Posted by Prabhas
I believe we are talking about a sweet problem here. I don't see any problem. He can simply use the AP to enter. Only if the CBP officer is sadist he might have some trouble. I would not worry a thing.Quote:
Originally Posted by Prabhas
Once - before my own GC approval - the CBP officer looks into the system and says to me - oh you are almost there and just lets me get out of the airport without any further questions. So the key to avoid trouble is two fold - ensure you have done everything right way and then be respectful to the officer.
Hi there,
My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.
I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.
- Totally lost
Maybe you or someone can pickup the GC and post it to India just in case. But most likely (99.9% of the time) the officers will allow him in on AP. He has a valid explanation of why he is not travelling with his GC.Quote:
Originally Posted by Prabhas
Tcs guy- I will surely post the experience.
Q, vsivarama - how are you all doing? Good to see a response from you as always and it has been a long time. Believe me my BIL will have all his senses together during his POE ..😁..
We will surely post it or even take the next flight and hand over the cards if he gets it in the meantime. We are just making sure we have our basis covered in all possible scenarios. He came to the USA in 2005 and wanted move back to india initially , delayed his process and now stuck in this sweet- sour spot 😊..
I will share this info with him and also close the loop with his experience once he is back.
Happy July 4th all!! ❤️
*****
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?
********
Continuation / Update to my previous post.
Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).
Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. Agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.
Considering, medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?
Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of the this? Trying to taper down and keep our expectations grounded.
I can't respond to everything but simply looking at the fact they only issued you one year EAD / AP means you will get a GC within 1 year. That's my old experience but I believe it still holds.Quote:
Originally Posted by GCMirage
All the best.
If I were you I would just sit tight. You have waited loooooong time. 2012 June is not too terrible a date anymore. Could be greened in any category. Why do busy work and give USCIS one more reason to delay your approval.
Good luck you will be greened and do come back and tell us.Quote:
Originally Posted by NGJune2012
Based on what I am seeing, there is simply no relationship between EB3 downgrade I140 approval and transfer out. Only USCIS know what is their secret criteria. If anything, TUB interfile request should be a reason enough for USCIS to transfer the case out because it saves them resources from processing downgrade I140 and essentially makes the case a straight case!Quote:
Originally Posted by NGJune2012
IMHO, I just don't think EB3I140 approval is the solution that you should be time and money on. Litigation is even worse!
Your PD is 2012 and unless you are extremely unlucky, you should most definitely get your GC before the end of FY.
WKD request usually works in the favor of the beneficiary, so it's a good thing Tier 2 officer did that for you. The only issue that I see is that your case is probably with NSC and we don't know what could possibly trigger the transfer. This is where the WKD request may or may not help. But with PD of 2012, I think you have extremely good chances of getting greened before Oct 22.Quote:
Originally Posted by GCMirage
Hi folks, I have an urgent ask and would greatly appreciate your help. I am on an H1-B and have an EAD/AP (my employer filed for my GC in the EB2 category). I am traveling to India on Friday, 7/22 for a short 5 day trip to attend a family event there - the reservation was made months ago. Last Friday (7/15/22), I finally got the message (after 11.5 years) that my case was approved. I am hoping that the card is physically delivered to me by 7/22. But in the situation the card is not available with me when I leave the country, will I be able to use my H1 or AP to re-enter the country?
If you have a valid H1 then you can enter on it. But the AP I don't understand. Why would you apply for AP if you already had an AP? And yes if you have a valid AP you can always use it.Quote:
Originally Posted by delorean_doc
Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.
Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.
Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move post as deemed appropriate.
As far as I know (and someone can correct me if I am wrong), there is no set rule as to how long one should work for sponsoring employer after receiving GC. Lawyers 'recommend' to work for 6 months, but again, that's a personal choice. Sometimes people do it out of good faith, sometimes they do it because they are worried that making a move immediately after getting GC will cause issues during naturalization (and I have heard that USCIS has done that in the past, but it can be easily defended IMHO).Quote:
Originally Posted by Hidden_Brain
Personally, I would stick around for a few months OR take up the second job in Company B and manage two jobs for a few months (if manageable) before making 100% move to company B.
Again, there is no law/rule that says you cannot switch jobs after getting a GC.
Your cousin is very luck to have somebody like you who spends time posting question on her behalf. But no point in answering for those who don't have courage to stand up for themselves.
Quote:
Originally Posted by Hidden_Brain
hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?
(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)
sushi - the chances are high that the dates won't retrogress beyond your PD but even if they do retrogress it won't last more than 6-8 months and you will be current again. For arguments sake if your date retrogresses for more than that you will already be protected by AC21. Does this help?Quote:
Originally Posted by sushi2012
Hi Gurus,
My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?
Yes she can.Quote:
Originally Posted by gansun
Absolutely .... she can also come back on any other visas like B1/B2 or F1/F2 etc and then change status to H4 as long as she has a valid H4 approval notice.Quote:
Originally Posted by gansun
Yes, she can provided you are maintaining your H1 status.Quote:
Originally Posted by gansun