Could there be any impact in the future after my AOS has been approved for not filing Supp J or reporting employment change for my current employer/employment when AOS was approved?Quote:
Originally Posted by Kanmani
thanks!
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Could there be any impact in the future after my AOS has been approved for not filing Supp J or reporting employment change for my current employer/employment when AOS was approved?Quote:
Originally Posted by Kanmani
thanks!
Idliman, do you anticipate movement for any early 2011 cases in this fiscal ? I know its akin to reading tea leaves but just curious on what the thoughts are if DoS thinks cases until May 2011 can be processed in the 2021 fiscal and USCIS accepting Filing Dates.Quote:
Originally Posted by idliman
Since I am also May 2010, I had posed the question to my attorney, but I don't have EB3, just EB2 with the same employer who I have been with for 12+ years. She told me to stick to EB2 since I am not 'trapped' or anything with my employer and there is no pressing need for the EAD/AP as I still have my H1 active through next June.Quote:
Originally Posted by usvisas
I am still thinking regarding H1 renewal for which I will be eligible to do in January. Maybe by then the wage issues will be more crystallized to take a decision.
Boss, I am a fellow back-logger who' filed AOS in 2012; So no magic here; We just try to analyze based on available facts and logic. Time and time again, we have been disappointed by the VB movement.Quote:
Originally Posted by android09
USCIS sets the "DF" in October bulletin based on their internal calculation of where the dates will be at the start of the next year. The "DF" for EB2I is at 15MAY11. What we have seen is that we never reached the "DF" dates in the last so many years (because they had a good inventory from 2012). This year is different; You have a blockbuster SO. Honestly, the only bother for your PD is the processing capacity of USCIS. That depends on the will of the administration. The processing capacity can be increased by getting rid of interview requirement, waiver of new medical, waiving I485J, and so on. They can get back to how it was before 2015 or so.
How many GCs that USCIS processes, depends on the outcome of the US elections. If Joe Biden wins, all immigration guidelines will be relaxed at USCIS. If DT wins, then things will move at the same speed or slower. Unfortunately a lot of GCs will be wasted in that scenario. We can only predict the future from the past.
The movement in the next 3 bulletins should set the tone for the year.
One strange thing is that there is not a single EB3/E2 approval for priority dates that got current in the october bulletin based cases on trackitt. Hoping we start seing approvals soon. Does anyone know how long its take to get approved for pre-adjudicated cases once the date becomes current ?
I am hearing that USCIS is rejecting downgrade applications without origin PERM?
I honestly can't tell if this is just scare mongering or actually happening. Unless someone like Siskind or Immigrationgirl actually confirms that, it will be second hand info I guess.Quote:
Originally Posted by cool_dude
Yes.I too have similar apprehension for the next H1-B extensions, but I think moving to EAD ( staying with the same employer) is always an option if staying on H1-B becomes impossibleQuote:
Originally Posted by Turbulent_Dragonfly
Hi everyone my priority date is June 2010 in EB3 category. I filed my I485 today. Based on the current situation can someone please give me high-level timelines? What are the key milestones from now on and when should I expect to have them processed? For example receipt notice in 2 to 3 weeks, next steps after that such as biometrics and then finally gc. I know this is all guesstimate but it would be really nice to have some idea about expected timelines. I have been in US for almost 20 years so I would really appreciate your insights on this long awaited opportunity for me and many others like me.
I asked this thing to 8 outside attorneys and my employer's attorney. It was a nightmare to get attorneys on the call, given they are working 24X7. They told me that one or two occurrences have happened, but the reasons were probably isolated to respective case. They shouldn't be thought of as the norm. My employer (blue chip firm) is filing ~5000 downgrade cases, and my attorney quoted "don't believe everything you read on the Internet." Here's one such example of fake news: https://www.am22tech.com/eb3-india-b...priority-race/.Quote:
Originally Posted by cool_dude
My priority date is Nov 2010, and I am filing EB2->EB3 downgrade. The processing queue can be changed to premium after USCIS receipt.
Please check https://citizenpath.com/form-i-485-processing-time/Quote:
Originally Posted by mknop1
Most of that is accurate, except the final step (receiving GC), which is accurate for most other non-backlogged countries. For india, the time for the last step tends to be more unpredictable. Hoping thats not the case this time. Good luck.
Kanmani,
Nice to see you here! Congratulations on getting greened :) Long time standing!
Cheers
USCIS rejecting downgrade applications without original PERM is total BS......i think some ROW folks are trying to spread this misinformation on trackit to discourage EB2 folks.......Quote:
Originally Posted by cool_dude
Thats what i was thinking.Since my lawyer has not said anything and i work for fortune 100 and its big law firm.Quote:
Originally Posted by radheys
When is it safe to change employer after filing I-485 (AOS) application. with Covid sitution i am thinking of finding a safe and better place to work.
is it 6 months or immediately after getting EAD and/or AP
what will happen if there are layoffs while the application is still pending with less then 6 months from filing.
we have 2 separate Alien numbers, one for me (in I-140 approval as well as H1b extension approval) and a different one for my wife (in H4 approval and EAD card)
while doing the medicals i am required to provide alien number of the form. which one to provide for my wife's application?
If the I-485 is pending for 180 days, you can under the AC21 Act move to another employer and do similar work without the new employer filing another I-140. If you want to move before the 180 days, the new employer must file a fresh I-140.Quote:
Originally Posted by raradhya
If you are laid off before 180 days, it won't affect your AOS as long as the employer does not notify the USCIS by revoking the I-140. Most employers will revoke it if they are laying you off unless they plan to rehire you when your case becomes current and ready to be adjudicated.
Now, if the employer revokes the I-140 only after180 days, but you were indeed terminated before the 180 days, that is (at least for me) a gray area. If you are able to find another similar job, you might be OK, but that is something you need to ask a good lawyer.
She of course needs to provide her A number since it's her medical form.Quote:
Originally Posted by raradhya
According to Fragomen:
1. Your alien number is the one in i140/i797A
2. dependent wife on h4 does not have alien number. the one on her h4 ead should not be mentioned.
My doc did not put A# in the I693 form. Does it matter?Quote:
Originally Posted by Turbulent_Dragonfly
Thank you. My spouse has an Alien number from her I-140 approval. but now she is on H4 with EAD. in both cases she has the same Alien number. how ever she is not he primary applicant for filing AOS now. so i am not sure which Ailen number to use. because some of my friends do not have a Alien number assigned to their spouse they all use the primary applicant's number.Quote:
Originally Posted by Turbulent_Dragonfly
my PD is DEC 2010 if that matters.
This is what my lawyer told me. H4-EAD Alien # is a temporary number and they will not use it in the applications. My wife had a A# based on her own I-140 approval , and that A# is permanent and hence she can use it. If spouse(dependent) has never filed I-140 then Alien # is supposed to be kept blank .Quote:
Originally Posted by raradhya
Thank you for clarificationQuote:
Originally Posted by nbk1976
My wife had an OPT EAD, H4 EAD and now H1. The A number is constant in that. I have no idea if the first time you get an H4 EAD without having another A number before, it will be 'temporary'. It does not make any sense to me. My understanding was that the A number that USCIS generates for an individual is a unique number that persists among different applications.Quote:
Originally Posted by inspired_p
I have F1 EAD and I-140 EAD , these are not the same. My wife has F1 EAD which had a different number, I-140 and H4 EAD ( which was after I-140) are the same.Quote:
Originally Posted by Turbulent_Dragonfly
One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?
Strange, but par for the course when it comes to USCIS.Quote:
Originally Posted by inspired_p
Hello,
i am hoping someone here can advice me on whether to downgrade to EB3. My PD is May2012 in EB2I. I initially thought downgrading to EB3 was a no brainer assuming i could always interfile with EB2I I-140 if EB2I ever moves ahead of EB3I. However, my lawyer told me the following:
"Filing an EB-3 I-140 does not put your earlier EB-2 I-140 at risk. You will have two I-140s with the same priority date, the only difference being the preference category. If EB-2 moves back in front of EB-3, keep in mind that there is no mechanism in place at USCIS to change the underlying I-140 of a pending I-485. Although we can try doing that by sending in a letter to USCIS asking them to use a different I-140 for a pending I-485, there’s no telling if they will agree to do so. Given that, you need to have the expectation that USCIS is going to adjudicate the I-485 based on the I-140 the I-485 is initially filed on.
Note that almost everyone with an EB-2 priority date is now requesting to change to EB-3. The likely outcome of this is that the EB-3 quota may quickly slow down, and EB-2 will once again be faster. Even so, we really don’t know which category will be faster six months from now. There is no way to optimize this by trying to jump back and forth between EB-2 and EB-3 as the visa bulletin changes. Again, thousands of other applicants will be trying to do the same thing. If you choose to file an EB-3 petition and I-485 in October, then you must be committed to remaining in the EB-3 queue."
The part about committing to EB3 perpetually is a bit concerning. Can someone please help me navigate this?
good point idliman...will take action.Quote:
Originally Posted by idliman
I second what Idliman said. Filed AOS first time and my attorney sent the following docs for me and wife (except 485J because she is dependent)Quote:
Originally Posted by smuggymba
I-485
I-485J
I-765
I-131
I-944
G-28
He said when they approve 485J and if they think your date will become current then they will issue RFE for Medicals.
Hi Gurus,
My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.
Does any one applied and got the receipt this month?
Yes. It is called Transfer of Underlying Basis in USCIS language or Interfiling. One of the requirements is that your I-485 should have no breaks in continued eligibility. Note that Interfiling also can apply to retention of PDs via a separate procedure so Transfer of Underlying Basis is a more specific term for downgrade.Quote:
Originally Posted by GCWait2011
Your PD is eligible for both EB2I & EB3I only on "DF" basis. You have to decide whether you want to do transfer the basis now or wait and do it later. Anyway, file AOS as soon as possible (EB2I or EB3I). No one can guarantee that the "DF" will remain open next month. Even top attorneys quoting "DT admin's" past actions recommend filing AOS before the end of October. You never know when the window will open again. If you want to better understand the urgency, talk to someone with EB2I 2010 PDs who missed by mere days and waited many years to file for AOS. Good Luck.
whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!Quote:
Originally Posted by GCWait2011
Even my spouse has A# from H4 EAD, when I asked the lawyer why not using A in 485, here is her responseQuote:
Originally Posted by raradhya
We only list the A-number if it is in relation to an underlying petition for the I-485 application. So, they are fine as is.
During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waitingQuote:
Originally Posted by 2011Feb
Quote:
Originally Posted by tomhagen
Thanks. I was told by my lawyer, it will take two weeks. Hoping to get receipt notice sooner.Quote:
Originally Posted by Turbulent_Dragonfly
I have an update that my I-1485 case was received at my local office. My PD is 12/4/2009 and I have approved EB-2 and EB-3 I-140 applications and my interviews are completed. Does this mean I'll get a medical RFE from my local office. I thought NBC usually sends out the medical RFEs?
Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?
That really depends on volume of the applications USCIS is going to receive and number of downgrades. It is anybody’s guess at this moment. We will get clarity only by DecemberQuote:
Originally Posted by newyorker123
Let’s all hope it moves further and helps lots of folks in 2012 and 2013 !Quote:
Originally Posted by newyorker123