October 2020 VB Discussion

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?

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Originally Posted by EB2IndSep09

Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.

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As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

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Originally Posted by qesehmk

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

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It looks like DOS moved the FA dates based on Quarterly spillover calculation. Based on the usage, the EB2I FA dates might move slowly for the next 2 months. But in the next quarter we should expect another 1.5 month movement for EB2I. We should wait for the Check-in with CO.

The DF dates are based on the full year potential movement. So, I don't think those dates are going to move unless there is vertical spillover from EB1 (potentially in summer 2021).

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Originally Posted by jimmys

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

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VV_Nlr see what jimmys is saying. If true - and I believe H1 is a dual intent visa and thus should qualify.

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Originally Posted by VV_Nlr

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?

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Perhaps. All the best.

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Originally Posted by mesan123

Thank you Q... atleast in this tough times some light for few..

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Indeed!

@qesehmk can you please reply?

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Originally Posted by srimurthy

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

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I have previously done FOIA request to get copy of I-140 but it may take few months, which you may or may not have. I was previously told that if you happen to have your A# or I-140 receipt #, that could be used. I work for bank and hate that fragomen/hr refused to share the copy of I-140.

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Originally Posted by jimmys

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

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@jimmys
Thank you. my current non immigrant visa is valid until 08/2023.
So, I can just apply for AOS and AP and leave?

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20

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Originally Posted by Justmyself

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/...414093313?s=20

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Maybe some fact to that. They may accept the filing date for a few months so that they can reap all the revenue from the applications and then pull it back.

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Originally Posted by vbollu

Hi,

My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.

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Absolutely yes.

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Originally Posted by Justmyself

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/...414093313?s=20

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Hmm... if this happens bummer...

Can an old employer (with whom I have approved EB2 I140) file for a new EB3 I140 (for downgrade) and I485 WITHOUT me re-joining them as an employee ?

If not, they should definitely be able to do this if I join them, right ?

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Originally Posted by qesehmk

Absolutely yes.

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ty so much, I contacted my employer about that, what date before I have to file I-485.

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Originally Posted by jimmys

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

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Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

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Originally Posted by vbollu

ty so much, I contacted my employer about that, what date before I have to file I-485.

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October 31st ... or beyond if they do not retrogress the dates in Nov bulletin.

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

Also, if your new job is working for your employer at their site and not consulting/contracting work at a client site, I think that's a big plus point to accept the offer.[/QUOTE]

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Originally Posted by Zenzone

Always chase the career opportunity! If dates get current they won't retrogress for another decade...you should be in the safe zone. Good luck and god speed!

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Originally Posted by jimmys

I made the mistake of not switching my job for years believing my PD will be current this year,every year. Don't make that mistake. If you like the job, just go ahead. Your PD will be current forever after 12 months or so. So you're not losing out much if your new job makes you happy.

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This bulletin has given enough indication for me to stay put. I hope I get the opportunity to use the Dates of filing chart in the coming quarter.
People are just milking the cash cow without any consideration of the human element behind all of this. But that's the price we pay for the American dream I guess.

Will they use "Dates of filing" chart and how many months do you think they will use it?

I hope USCIS don't put a damper by using FAD, instead of FD. There is no point of moving FAD this far and not acknowledging it.
Also I hope they do work diligently with new I485 applicants and not like H4, which is taking 12 - 15 months at CSC and the whole fingerprinting appointments wait times.

When does USCIs update there Bulletin Normally?

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

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Originally Posted by imdeng

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

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The answer NO. No need to worry about your tax returns.

Look at the coming month's projections till Jan/20. The dates will move rapidly. It depends on your priority date. What is your priority date?

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Originally Posted by prabakarb

The answer NO. No need to worry about your tax returns.

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I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

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Originally Posted by prabakarb

The answer NO. No need to worry about your tax returns.

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Prabakarb - Thanks for responding. Could you provide a little more details? How do you know? Personal experience or knowledge of law/rule etc. Sorry - I am not doubting your word - just that I am hyper-cautious about anything immigration related with whats going on in the country right now.

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Originally Posted by gansun

My PD is EB2 May-2013. I am still with my current employer. Can I ask my employer to downgrade to EB3 and file concurrently I-140 and I-485?

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ty very much.

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Originally Posted by maverickwild

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

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In my case I actually will have a refund due to me. I just have not filed the tax returns yet.

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Originally Posted by maverickwild

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

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I had the impression that USCIS can not access any individual's IRS records - unless of course we submit them as part of I-485 application.

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Originally Posted by qesehmk

I am very sorry for your situation. You can not file AOS from outside USA. Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.

So your best bet is to come back before end of October and file AOS immediately once you are back. Again - I truly feel terrible to answer it this way. Perhaps spend some money, talk to a lawyer about your situation. May be there is a way.

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Also on the similar lines Q.. extending it...

I have a question too..This was answered many times but would like to run it again as a sanity check..

I have a valid H1-B till Year 2022 and also have a visa stamped till 2022. I am current with this movement (EB2 July 2010). Now once I file my AOS/AP with USCIS in the month of October, can I travel overseas using my H1-B visa in November or later? Or should I have to wait till I a receive receipt number for my I-485/ AOS? Or will it also fall into the same category of AOS/AP abandoned?

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Originally Posted by imdeng

So I am finally current in the next month.

And that brings another complication. I had filed an extension of tax return for last years and have not yet come around to filing tha tax return yet. Do you guys think that is something that is likely to result in an RFE. I should expedite filing it before Oct 1st?

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imdeng- great to see you are current finally. I think there is nothing to worry here.

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Originally Posted by maverickwild

I disagree , my friend got an RFE as he owed 6K in taxes , he used a desi tax consultant who used loopholes and IRS was not convinced he was eligible for these tax breaks. Mind you these amounts were accumulation of last two years , so they do go back up to 5 years I think.
He had to pay all that amount before his GC was mailed.

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I think there could be more likelihood of the person in question cheating on his IRS and USCIS application at the same time as compared to IRS and USCIS coordinating and looking for denying entry to people committing financial fraud.

I don't mean to dig at your friend... just trying to say that the likelihood is ultra low.

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Originally Posted by GCkaLADDU

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

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Anyone?

Sorry haven't been this hopeful in a long time :)

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Originally Posted by qesehmk

imdeng- great to see you are current finally. I think there is nothing to worry here.

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Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

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Originally Posted by maverick2010

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

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You are correct... USCIS didnot yet update there decison for October Bulletin.. Can someone let me know normally when us update that...? Thanks in advance

My priority date is EB2 dec 2020. I looking to apply for i485 when we can use "Filing Dates".

I am in USA and my spouse is in India. I do not see her coming back anytime soon as visa date are not available for stamping. She is on H4 and she needs visa stamping. Gurus, please suggest what are my options to apply i485.

I two questions - Please chime in if you know the answer

a. Can an individual/employee file I-485 himself with employment letter (or) employer's help is needed for filing(on top of employment letter)?
b. What is the cost to file I-485 without employer's help.

Thanks!

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Originally Posted by srimurthy

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

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I had found copy of I140 in my H1B extension application(That's needed to file for extension). Company had shared that docket with me. Can you check in that docket?

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Originally Posted by maverick2010

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

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USCIS has not yet updated their Oct 2020 bulletin yet. Here is why someone might be a bit more optimistic in general -

Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500. Adjustment of status applications filed early in FY 2021 are most likely to be adjudicated during the upcoming fiscal year.

https://travel.state.gov/content/tra...ober-2020.html

EB3 filing date 01JAN15 and EB2 is 15MAY11

EB3 FA - 15JAN10 and EB2 - 01SEP09

Should people Downgrade .

I have my EAD with PD in Dec 2009 . I guess its better to wait ?