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IMO. You can always file as long as the priority date in VB is ahead than your priority date. However, if the filing date is ahead but FAD is not and USCIS accepts the filing date, then you better file and not miss the chance to get EAD.Quote:
Originally Posted by Turbulent_Dragonfly
P.S: I am not an attorney so please do your due diligence.
I am not an attorney. So please DYOR.Quote:
Originally Posted by Turbulent_Dragonfly
To file I485, your I-140 needs to be valid. In other words, employer should not withdraw it due to layoff or some other reason. One of the main benefits of filing I-485 is the 180 day AC21 clock from the receipt date. After 180 days of I-485 pending, your employer cannot withdraw your I-140 and then you become eligible for AC21 job portability. You don't need to do a new PERM. However, you need to find a job in same or similar category and your new employer should be willing to submit I-485 Supplement J form. This gives a lot of protection for immigrants waiting to adjust status.
A side benefit of filing I-485 is that you become eligible for (c)(9) EAD+AP card for you and your dependents. Just that fact that your I-485 is pending is very powerful. So that's why people file for I-485 immediately. Also consider the scenario NJMavarick had mentioned, i.e., PDs can retrogress. I understand that large IT consultancy companies routinely push their workers back and forth (from India) and can provide I485J or you can do CP from India even after 10 years from now. However, it is in your benefit to file I485 as soon as your PD is current. I understand that you might have your own reason for not filing I485. Typically people might wait for the marriage and spouse (or dependents) to enter USA and then file I485. This helps elder kids from aging out. If there are other reasons, I am very interested to hear.
One thing I am not sure is whether the 180 day AC21 clock is valid for "filing" or DF dates, as this is a new thing for me. I understand that DF will not protect kids from aging out (was discussed in this forum earlier). Only FA dates will protect kids from aging out.
Technically, you should be able to file any time in future (I am not a lawyer and so take it with a pinch of salt). The reason I say that is because we have all seen the pending 485 inventory charts (from back in the day when it was a thing). In those charts there always used to be some cases from late 90's or early 2000's pending at service centers even when they have been current for a while. However if you want to stay in US and not apply for I-485 it's a separate issue. As per the law "the foreign national must apply for adjustment of status within one year of their priority date becoming “current” (or immigrant visa becoming available) in order to remain eligible for post sixth year H-1B extensions based on an approved I-140".Quote:
Originally Posted by Turbulent_Dragonfly
Below is the source for that
https://www.lexology.com/library/det...0-d96825a7e6c5
For info.
An interesting article published today by an EB5 group following a webinar which included CO. It's had some discussion on Trackitt, where I found it.
Some of the info is more specific to EB5, but some is more generic.
I'll leave others to discuss what they make of it.
Would love to hear your ballpark prediction if we get 200,000 visas next FY.Quote:
Originally Posted by Spectator
Thanks Spec for sharing this.Quote:
Originally Posted by Spectator
"Fiscal 2021 should be a very good year under the current INA guidelines for visa availability for employment applicants.” is important statement.
20K additional visas may or may not mean much for EB-I depending upon demand for other countries.
Incredibly encouraging words from CO - particularly as it relates to visa availability next year based on unused FB visas this year.
One must understand that the unused FB visas go to EB and vice versa. This is Law. There is no getting around that. However slowing down immigration execution is an administrative thing. And let's hope the administration doesn't do that.
If we see good EB backlogged movement this year itself (based on unused EB CP numbers) then we have reason to believe that next year will be extremely good. Lets keep watch how EB moves this year.
Yes. Hoping that ROW demand takes time to pick up. Also, is there a chance that CO will apply unused FB SO visas early next fiscal...Say Oct-Dec (Q1)? DOn't know if there is anything in the statute that prevents him from doing it or if there has been any precedence.Quote:
Originally Posted by suninphx
Getting 200K SO to begin with is very much up in the air. Key caveat is whether the FB consular GC ban is extended to begin with.Quote:
Originally Posted by EB32010
I would think he would want to move the filing dates in Q1 next fiscal and move the FAD throughout the year. Given his statement, I am now expecting a spill over of 80K or more. The ban is most likely to get extended.Quote:
Originally Posted by Zenzone
EB1I will be current for sure and might provide some vertical SO to EB2. EB2I is poised to gain quite a bit if the EB2ROW stays current which it most likely will. This is great new. Now, lets hope CO does not go too conservative and applies the SO and moves the dates.
Yes. Looking at the demand data for EB2 and EB3 if 100K SO materializes, we might clear mid 2010 for EB2 and entire 2010 for EB3. If that happens downgrades might gain steam which is another aspect to watch. I still believe in the long term EB2 and EB3 will move in tandem.Quote:
Originally Posted by NJMavarick
To your point of 100K SO, then EB2I would get in excess of 30K visas which would easily cover 2010. EB3I would also get around 20K (leaving the rest to ROW to get current) That is 50K combined. The dates easily should be in 2011 if that materializes.Quote:
Originally Posted by Zenzone
I don’t think CO mentions 100K spillover. I think his expectation is 200K visas for next year(instead of 140K ). Which means 60K extra visas across the categories. As Q mentioned processing time will play important role. Otherwise unused visas will go back to FB’s Fy2020 quota. I hope at least dates move as far as possible.
Thank you, @NJMavarick, @idliman and @vsivarama! You guys are awesome.
Agree. 100K SO scenario is clearly predicated on the ban being extended for another 60 days. Which is a big IF. Hopefully processing constraints also don't become a hiccup. But moving filing dates could be the least damaging option here which provides better visibility for CO also for years/months to come. Boy we have all been proved terribly wrong in the past. Cautious Optimism!Quote:
Originally Posted by suninphx
We understand that! CO mentioned at minimum 60K in the article. The ban is going to get extended. We only have 3 months left. How much of the balance ~134k FB visas will be utilized? Very few will be consumed by the folks already in the US and IF which is a big IF the consulates open and the ban does not get extended...maybe another 30K visas will be consumed. 100K SO is a possibility.Quote:
Originally Posted by suninphx
Yeh! CO is known to go conservative but he can move the Filing Dates and generate demand to get a clear picture and move FAD as he sees fit...lets hope the ADMIN does not needle around.Quote:
Originally Posted by Zenzone
If there is 100k spillover, will EB2I be slated to receive ~ 28%, i.e. 28k? The old pending I-485 inventory from July 2018 shows ~ 18k, bulk of it until May 2010. Would it be reasonable to expect the dates will then clear out everyone until that time at least or maybe beyond?
Please predict where dates might reach if there is a 100k spillover?
Looks like USCIS is NOT honoring the filing dates:
https://www.uscis.gov/green-card/gre...isas-july-2020
Its been done in some prior posts right here right this morning ;)Quote:
Originally Posted by android09
So what? They typically honor them eventually (Usually in Q1).Quote:
Originally Posted by gcvijay
Before everyone gets their hopes up, sorry to be acting as a reality check here. We had close to 16k spillover visas this year from FB. All probably might go to waste. We are not even sure the entire 140K EB numbers will be applied this year. So a spillover of 60K - 120K visas is just a number when they may be potentially wasted. We have two choices in November either Trump wins, in which case Miller (He believes camp of the saints is a book that needs to be cherished by everyone. In case you do not know about the book it's about browning of western civilization specifically with Indians) will come up with innovative ways to waste numbers. If Biden wins, it's most likely he wins the Senate and House. In this case they can always include the current legislation they have in Heroes act for FB to get back the wasted visa numbers. Either way I do not think CO can do anything about it. Any constructive critique is welcome.
I sort of agree with this being in the queue for 10 years. USCIS/DoS uh... always finds a way, to keep prolonging the misery and this is through Dem/Rep governments. When you have Charlie already creating excuses like he is working from home and does not have access to the office database, what type of baloney is that when millions of people in IT are able to do so with something simple called a VPN? This is just systemic incompetence because of decades of hand wringing and politics from both sides. To be honest, there are just too many people trying to immigrate and not enough processing capacity or interest colored with politics of whatever current admin is in place and the makeup of the Senate and House. I just don't see any meaningful reform or progress to be made considering the fact that there is usually only a 2 year window when an admin has the WH and both chambers to get anything passed.
Your argument will be totally hold valid if we do not see any further movement in the next 2 VBs. If Miller wanted to needle around then EB1 dates would not have progressed. The SO will be available starting October and CO will have a couple of months to move the filing dates before the results of elections come in. IMO, any change to the availability of the SO has to happen before the next fiscal starts. HEROES act is dead.Quote:
Originally Posted by vsivarama
The next stimulus is going to be coming late July and I do not think Rs will agree considering the sole purpose of the ban was to exclude FB visas. Why agree to include them now?
Having said that, the dates next year will move maybe 3 months instead of 6 (hypothetically speaking) but there will be movement.
Another thing CO , did not consider HEROS bill/act, if this passed in next 2-3 months, there will be no spill over from FB to EB, the total SO visas will be forwarded to 2021 and 2022.Quote:
Originally Posted by NJMavarick
I like the balancing view here. Not sure how they can pass a bill after the fiscal year is over when INA requires to move unused visas by the end of the fiscal. Also, remember in senate there will be a need to have a filibuster proof majority for Dems to pass any legislation without bi-partisan support. Heroes Act is clearly not bi-partisan at this moment. Even if there is a blue wave (as it appears today) there is no chance dems. are going to get 60 seats in the Senate to avoid filibuster by any GOP senator on legislations. As far as GOP retaining the WH, its actually status quo in my mind. To me processing ability of USCIS is a bigger concern given its financial crunch and the lingering pandemic.Quote:
Originally Posted by vsivarama
Not a chance that Heros Act is getting passed in its current form. Its dead on arrival in the Senate. Won't even be taken up for voting.Quote:
Originally Posted by siriyal75
Agree. I think generally speaking after elections are over some heightened hysteria we are seeing this year is going to give way to some sort of return to normalcy which could help things overall. Agencies may start moving back to doing what they are meant to do - provide servicing and immigration benefits adjudication.Quote:
Originally Posted by NJMavarick
We have another 3 months time, we will get some kind of Stimulus bill, which both parties and public need.
Dems will include this provision, it will be hidden some where in the bill and get it passed.
Another huge news - Supreme Court just ruled blocking the current administration from ending DACA! This clearly sets some strong precedence for the limits of executive branch's powers.
If the Dems win, the first thing Durbin will take up from an immigration standpoint is a path to citizenship for DACA recipients and codify that into law to prevent further challenges. Legal immigration has always been a back-burner issue for them to kick the can down the road.Quote:
Originally Posted by Zenzone
Again you NEED bi-partisan support or filibuster proof majority in the Senate. Without that its NOT possible to move legislations that are contentious like immigration bills.Quote:
Originally Posted by Turbulent_Dragonfly
Things don't work in Washington that way! If not some of these things would have been passed in the past 4 years. One thing that can't be understated is the checks and balances we have in our system here.Quote:
Originally Posted by siriyal75
I was somewhat disappointed with the July VB. I expected the dates to move much further. If they cannot move dates further to avoid wastage in this perfect scenario for EB2I/EB3I, when are they going to move? Even though we are Engineers and analysts and doctors with strong logic background, sometimes you need acknowledge that there is an universal force that is taking us for a ride in its own will. Hopefully this painful phase shall pass.
On the legislation front, if JB wins, nothing is going to happen in the first few years.I think, if JB wins maybe the spillover will be applied without wastage. That is a good thing for people with PDs in 2010. If Trump wins again maybe the democrats will come to a compromise.
Last 4 years have been such a roller coaster ride. we have some good news or a ray of hope and we are all exited and we see a lot of activity. Then after the high dies down we are back to reality of this administration and all the headwinds we face.
I guess we will just have to believe the hype of spillover when we see it.
Oh, JB will push legislation to legalize DACA! That would be his first priority...Quote:
Originally Posted by idliman
Ds are all for the undocumented...no one cares about US!
No one cares about the undocumented. They do care about the Hispanic voting bloc.Quote:
Originally Posted by NJMavarick
Its an understatement to say we are all frustrated in recent years. Hope is something that can't be forsaken either. Good news is months from now (not years) we will know if the hype this time becomes actual reality.
Posting this just for awareness and I'm not sure if there is a bigger issue.
485 for me any my family was approved on Friday June 12th and we received the approval letters in mail on Monday June 15th.
There is no update after that about card being produced or mailed.
Based on messages from Trackitt forum, there are other folks for whom the case was approved on June 10 / 11th have also not got their cards nor any update in their case status.
So it will be interesting to see if this is in anyway related to the news we read about stopping issue of Greencards and if USCIS are actually being asked to slow down the process for approved cases.