The ratio between EB2 I demand and EB3 I demand is roughly 4:1.. so a straight nov 2010 EB3 will get GC much faster than same PD in EB2.. but not sure of how much extra time it will take if you downgrade
Printable View
Thanks for your response. Yes, I understand the reasoning behind new PERM and I-140 process based on location change and it was the risk I had to take at that time but now it has put me on tough spot with this oct VB.
Yes, my old location is still open as that is the HQ and I am going to talk to them about possibility of transfer, so I can go with 485/AOS.
I have been reading there is a bill pending to remove massive FB spillover from EB ?
Hi All
I have a question regarding my situation. I’m From India. My Pd is in 4/12/2010 and I have i140 approved from both EB2 and EB3 from same employer. I’m in confused now which category to go with for AOS filing chance of getting GC faster. I opting to go with EB3, but concerned about downgrading application volume. I don’t want EB3 dates to retrogress after applying.What are your thoughts? Plse advise.
Long time reader and first post....I really appreciate if someone could answer my following questions.
I have EB2 I-140 approval with my previous employer Company-A. My PD is July 2011. After working 5 years with them, I joined full time with company-B (Fulltime) in 2015. Company-B filed my PERM and EB2 I 140 & approved after porting the same PD. Now, Comp-A offered that they can file EAD/485 on behalf of me by downgrading to Eb3 as future employment. My spouse is working on H4 EAD. My current H1 and spouse's H4 EAD is expiring early Dec 2020 and HI renewal is expected to be filed in the next 2 weeks in premium by Company B. Company B is not ready to downgrade to EB3 to file now with the latest bulletin.
1) What are the consequences if I go with my previous employer (comp-A) for filing EAD/I485? Do I have to quit my current job with comp-B before applying EAD/AP/485 with comp-A? Comp A is not asking for it.
2) Can I keep working with my current Comp-B after I get EAD approval with Comp-A? or should I have to move to Comp-A after EAD approval from comp-A? (Since I like the current job with Comp-B, can I stay with Comp-B but still maintain EAD with Comp-A?)
3) If I don't start working with Comp-A, does my EAD becomes invalid, after 1 year? I mean can I reapply EAD on my own than through Comp A?
4) After I apply EAD/485 with Comp-A, any issues in continuing my GC process with Comp-B like filing I485 and then EAD when it is current if I don't have GC yet through Comp A? This is assuming that date retrogress. Does it impact if we process 2 GreenCard applications simultaneously?
5) Do we have to continue on H1B status even after getting EAD and H1B has to be maintained with the same employer through which we get EAD? or we can have different company sponsoring H1B, in this case Company-B?
6) After we get EAD approval can we switch employers easily with this new process, after 6 months through AC 21? I mean, can I continue working for Comp B?
7) If myself & spouse get EAD through Comp A, can my spouse use the EAD and can I continue on H1 for comp B?
Hi,
My EB2 PD is 08/2011. Sorry, if this has been answered already.
Do you guys think the EB2 DF would move forward by 3 months in next 1-2 bulletins? even if it is, do we have any chance of getting DF accepted rather than FA? I understand it's highly speculative, but any best guesses with experience? Or is it better to just got for the downgrade to take advantage of EAD? TIA
Its part of new Heros act..https://appropriations.house.gov/sit....9.28.1753.pdf
Hello All,
Is form I-944 mandatory to be filed along with I-485 or it be be sent later on with medicals? My lawyer says that if we are filing before Oct 12th I-944 it is not mandatory and can be sent later on after we get RFE.
Please share if you know this is right or wrong.
What are the spillover rules
If the extra green cards- 34,000 ( r not utilized by ROW, Philippines, SK or CP)
Does it go to most backlogged country- india
Or equally divided between india and China
Any thoughts on DF date moving for EB2 in november?
I am 10 days away from filling date right now.. may 25 2011
Has the filing date ever been moved forward after being established in the beginning of the FY? If there is any year that is possible, it should be this. There is going to be massive porting from EB2 to EB3 as long as the keep the FD for EB3 where it is, thus reducing the demand for EB2. But at the same time, it may take a few bulletins even for them to figure out which way the trend is.
do we need to pay the renewal fee for renewing EAD? i got the EAD in 2012, and it is due for renewal now. gurus?
Please watch this for some perspective:
https://youtu.be/KOFbMwHy-wc
This might help: https://youtu.be/KOFbMwHy-wc
YTEleven, you were the first ever to forecast EB3I will take over EB2I. What are your predictions for the final action dates (Both eb2 and eb3) by the end of FY21?
I might come off as being pessimistic but I rather not be overly optimistic. Just because we have spillover and CO says "rapid progression" doesn't mean everyone (2009-2011+) will automatically get the spillover benefit. There are so many factors, variables, forces that are against us. Let's take this one month at a time. I am very optimistic for 2009 folks, and maybe third of 2010 folks, but foretelling any more ahead (at this point in time) is dangerous.
I suppose so. Let us at least start seeing some late 2009/early 2010 RFEs and also see how things progress in the next month's bulletin. If it moves forward by X months, then we can be more sure that that will be the pace of movement for the next 6 months.
But I don't think CO is going to move the dates by more than 2 months at a time. He is also being very cautious here.
Is there any rule that says if husband and wife both have approved I-140 petitions and if one of them gets current, the other cannot adjust status with the primary?
EB3 Spillover - gurus, do you anticipate 35K spillover into Eb3 as well or is it just for EB2.
My understanding was additional 120k gets divided into smaller buckets for Eb1, EB2, etc.
For these buckets - most backlogged countries get the overflow visas.
Am I wrong in this assumption?
Each of EB1, EB2 and EB3 get 28.6% of the spillover. That’s 34,320. Regular quota is 140,000 so each EB1,2,3 get 28.6% of that or 40,040. Total EB1,2,3 get 74,360. Then applies country quota of 7% each or 5205 for India, China etc. Rest of world If current, then the difference around 69,000 falls to the most backlogged. That’s my understanding.
Hello group- this is my first post after a lot of reading. Need some help - trying to make a decision on what makes more sense with the kind of bulletin that has come up in Oct.
My PD - Jan 2014 EB2, My spouse's PD - Mar 2016 EB2
Considering that the EB3 category FD is Jan 2015, we were thinking of downgrading to EB3, applying I485 concurrently and then hopefully get the EAD / AP etc.
I have been checking all the predictions and seems like that USCIS rapid movement - doesn't seem to be any rapid. the dates will most likely be stuck at 2009/2010 for either category. Any thoughts on when Jan 2014 may even be any close to open up on the FDs atleast? Any other thoughts ? is it worth waiting, or downgrading / EAD is a better option in any event? Thank you so much experts !
Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!
The detailed text of the scaled down version of the Heroes bill still mentions both fiscal years 2021 and 2022. The visa bulletin FAD has moved just enough to utilize the original quota of visas( without spillover), so implementing such law need not revoke any FAD announced. Nevertheless, they can and will still honor the filing dates announced, so that brings in the much needed revenue and adding to existing backlog.My PD is in 2010 ( already filed 485 in 2012) and i am still not sure of receiving a green card. The whole situation is not black-and-white, also taking into account uscis processing delays etc.,. Hopefully we receive clarity in the next month or so, until then atleast the window of opportunity for filing 485 should not be missed!!