Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.
I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.
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Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.
Other question
My Company is also asking me to downgrade and apply in eb3- AOS( Note- I am also doing AOS with my spouse). Is it advisable for me to downgrade and apply AOS too( my PD is dec 2014) or should I hold off?
Can any one person have two AOS from two different companies ?
The chances of any meaningful deal between the Speaker and Sec.Mnuchin are quite bleak as they are very far apart in many issues.The House held off voting last evening to give them one more day to negotiate but it appears like they will go ahead and vote on the HEROES 2 today.Needless to say it will be ignored by the GOP senate
Thankyou and also AP and Ead can be filed later after filing i485 right?
Supposedly FAD does not become current and we r stuck.
Folks,
Just found out from my colleague that if the registration on the Birth Certificate is later than 365 days of birth then an affidavit is required from the Parents. I need to get this done for my spouse, just wondering if anyone has idea of whether the name of my spouse and her mother should be Maiden or After Marriage.
and even if it passes I'm very pessimisstic about the immigration provisions passing senate as it is. They probably will pass a slimmed down version and force a reconciliation back with the house. Worst case. Even the Senate taking this bill up is extremely unlikely.
Quick question folks...What's your opinion bout whether DOS will keep the filing dates as they are and USCIS accepting the same filing dates for the Nov 2020 bulletin?
Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?
Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.
how does USCIS know we left the country since they don't take I-94 anymore.
Can you please let me know on my below situation -
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!
I-944 queries:
"Part 3. Your and your household members assets, resources..." <- This section has space for 3 household persons. Do we have to only fill 2 entries - spouse and applicant here and not the kids? Family information including kids already comes in section "Part 2. Family Status".
or.
Fill 3 members here and 4th one in "Part 9. Additional Information".
The filing dates (DF) are determined based on expected movement at the end of the year. There are 4 times more people in EB2I queue when compared to EB3I queue. That's why EB3I DF had moved 1795 days versus 638 days for EB2I. If you are in 2014, then it may be better to get EAD. But please note that final action dates are based on many other things. As more people port to EB3I it will slow and clog. DOS talks to USCIS to make sure that it has capacity to process GCs. That is one of the reasons why you will see less movement for "FA" dates. Hope this helps.
In my opinion rapid movement may mean 1 to 3 months movement for FA dates. Anything more than that I will be surprised and extremely happy. Just note that before COVID, EB2I was moving 2-3 days per month (or 1.5 months per year). So rapid movement is left to your interpretation.
I think they are again going to release Nov bulletin as late as possible, not to antagonize us, but to find out how many people are going to file under the different classifications per the new filing dates. Simple math for EB2I suggests that if they want to reach 15 May 2011 from Sep 09, they just move it 2-3 months every bulletin to manage the flow of applications better. That's why I am really surprised about them moving EB3 to 2015. No question, it's a boon to all those waiting years, but it will once again severely muddy the waters because of the mass downgrades.
If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.
I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.
If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-...tizenship-data
If they move the FA dates 2-3 months for every bulletin through January as they indicated, that would be a good outcome. Beyond that, I guess it will depend on the applications that they receive in the first quarter.
The children don't have any income so they don't have to be declared under "Household Income" in Part 3 because they don't contribute to the assets/income. All they are trying to find out is if you earn less than 125% of the Federal Poverty guidelines.
So yes, they do have to be reported under Part 2, but not Part 3, since your original question was for Part 3.
Hi Friends, I am EB2 Jun 2011 . My attorney is suggesting to wait for the Nov Bulletin and apply in EB2 if the dates move forward, and if not then downgrade to EB3 before Oct 31. Do you think it is a wise strategy ?
My wife's employer has 30 people who became current and filing I-485s for them and their families. The HR mentioned they're focused on filing I-485 right now and so will not be filing I-485j along with the application and will submit that when the RFE comes and mention this is their standard practice.....anyone come across that?
My company attorney team says they are planning to file Adjustment of status end of October, this is crazy and I am done with all our action items from our end, it takes a month to prepare the application? I am considering to file myself, any thoughts?
Anyone planning so or should I look for a different attorney.
Just saying we need to stay true to the name of the thread i.e. "calculations". Somebody like you who has been putting great thoughts out - people tend to hang their hat on. Hence it is a good idea to use data, calculations, be conservative and then add caveats!
Thanks for your posts. I hope you under my only intention is to keep things as real as possible without too much pessimism or optimism.
Thankyou guru
This is very important. Spread the message.
Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.
- USCIS has added 485J that the company needs to fill out. But rest is upto you.