you might be correct. People with EB2 Feb2010 also getting reciepts. Might be it will move to early 2010.Quote:
Originally Posted by vedu
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you might be correct. People with EB2 Feb2010 also getting reciepts. Might be it will move to early 2010.Quote:
Originally Posted by vedu
Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.
1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.
2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?
I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.
your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.Quote:
Originally Posted by moonlight
you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update...rd-interviews/)Quote:
Originally Posted by Moveon
If you got an RFE for medicals, its likely very close to approval. Good luck.
Thanks for the clarification . Yes we both got RFE for the medicals and I got the Supplement J too . Seems straight forward . Hoping dates will move rapidly in the coming months given that the administration is changing in about a week .Quote:
Originally Posted by rabp77
I agree , its not worth the risk . If they invalidate the 485 its back to square one . 180 days will fly past . Best of luckQuote:
Originally Posted by rabp77
There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).Quote:
Originally Posted by Moveon
Quote:
Who will be interviewed?
If your employment-based adjustment application was filed on or after March 6, 2017, USCIS will interview you and any family members applying for adjustment with you.
If your application was filed before March 6, 2017, you could be called for an interview if there is an issue that may affect your eligibility to adjust status, such as an arrest or conviction. This is consistent with USCIS?s previous interview policy for employment-based adjustment applicants.
Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.Quote:
Originally Posted by mesan123
Thanks a lot . Yes , I just completed our medicals and the lawyers are handling the paperwork.Quote:
Originally Posted by idliman
Now to wait and watch for the Visa Bulletin. Any statistic on how long it is taking for the GC to get approved after the dates get current for the 2012 filers ?
I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st weekQuote:
Originally Posted by aGCHopefull
Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.Quote:
Originally Posted by moonlight
Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.
Hope this helps. Good luck!Quote:
The American Competitiveness in the 21st Century Act (AC21) permits new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;
- Form I-140 has been approved, or is approvable when filed concurrently with I-485;
- Form I-485 has been pending for at least 180 days.
- The new job does not have to be in the same geographic location
- The new job does not have to pay the same or a higher salary
- A new labor certification is not required.
The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of I-485 application, as indicated in a I-797 receipt notice.
Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:
- I-140 petition is withdrawn by prior employer before applicant's Form I-485 is pending for less than 180 days with USCIS; or
- Original employer's I-140 petition is denied by the USCIS at any time; or
- Your approved I-140 is revoked at any time,
- Employee fails to prove that a bona fide employment relationship existed at the time of filing.
For completeness of information:
Quote:
About the "Same or Similar" position Requirement:
To be eligible for AC21, applicant's new employment must be the "same or similar" occupational classification to the one requested in initial Form I-140. There is no clear definition of what constitute "same or similar," but a USCIS adjudicator will consider the following factors:
- Job Description: job duties of the new employment will be compared with the job descriptions contained on Form I-140 or labor certification;
- SOC code : the SOC code is an occupational code associated with specific job description indicates weather the new employment is the same or similar occupational classification;
- Wage information: new salary should not be significantly different from the previous one, however it doesn't have to be exactly the same or necessarily higher.
Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC
Folks, reading through the posts, the dates for biometrics, and EAD approval are all over the place (literally) depending on the service center. Can anyone weigh in on the expected timelines at the Texas Service Center? I believe continents drift faster than their processing times
Thank you both. It is been 2 months for me.. hopefully will get mine soon.. when i contacted customer service the rep told normally you dont get that reciept number... so i dont know if it is standard to get it or only few get itQuote:
Originally Posted by 19YRSNOGC
There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.Quote:
Originally Posted by srisri
That is interesting analysis. I did submit 485 J in 2020 since I moved companies (after responding to an earlier 485 J RFE in 2018). If I remember correctly my application was in NBC. I would not expect an RFE for 485J, but for medicals may be. We will see in the next few months. Ironically the 2018 485 J was indeed approved (and did receive approval), where as the 2020 485 J is still in process.Quote:
Originally Posted by ak7419
where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that aroundQuote:
Originally Posted by mesan123
Finally Received my EAD Card.
Congrats! Was your 485 applied at Texas lockbox and your case number starts with MSC?Quote:
Originally Posted by 19YRSNOGC
yes,was sent to Texas lockbox
Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?
Just now I see the I-765 status changing to - New Card Is Being Produced.Quote:
Originally Posted by Zenzone
My I-131 status is still showing as Case Received.
Processing @ NBC.
Thanks rabp77, Moveon and idliman for the direction and explanation for AC21. I will not risk anything at this moment.
congrats.. did you get 485J reciept?Quote:
Originally Posted by Zenzone
i think it is not true. I applied to texas lockbox, straight EB2. My reciept no is MSC series... i did see many EB straight folks getting EAD in MSC tooQuote:
Originally Posted by usvisas
Thank you for the detailed summary !Quote:
Originally Posted by idliman
Nope. Just the I-485 receipt as I filed both concurrently.Quote:
Originally Posted by mesan123
https://www.politico.com/news/2021/0...zenship-458455Quote:
Originally Posted by bookworm
Interesting proposals.
See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.Quote:
Originally Posted by bookworm
Quote:
Harris said their bill would grant green cards immediately to immigrants protected by the Temporary Protected Status and De ferred Action for Childhood Arrivals policies. She added that the administration would also try to decrease the amount of time required to acquire U.S. citizenship to eight years from 13 years by making the naturalization process more efficient.
I hear you and have the same skepticism. I only wanted to point out that the circus is back in town so those of us who are in the queue should push & make all efforts to get through in the next 100 days. USCIS will act as per their political masters priorities and we will end up suffering due to wasted numbers.Quote:
Originally Posted by idliman
There was a post in trackitt a couple of days ago when a user innocently asked if there is going to be any issue with his current photo because his hair is now almost gray from photos submitted before. He needs to ask that to the State Department twitter account.Quote:
Originally Posted by idliman
I-485 is for a future job. So it is OK that you went with employer A.Quote:
Originally Posted by gc_dedo
AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.
You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.
As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).
The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.
What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?Quote:
Originally Posted by Zenzone
I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.
Thank you for your reply
@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.
If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.Quote:
Originally Posted by raradhya
I-944 (Declaration of Self-Sufficiency), I-693 (Report of Medical Examination), G-325A (Biographic Information) and G-1145 (E-Notification) are supplemental forms and do not get stand-alone receipt numbers. So, the three receipt numbers that you had received so far are the only ones that you will receive.
Hope this helps.
Murthy had an article about I-485 Supp J a few years back. You can read it for more info.
Thank you very much Idliman. Really appreciate it.Quote:
Originally Posted by idliman
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?
You are definitely more knowledgeable on this but few friends of mine (who had applied I-485, I-131, I765, I-485j in Oct 2020) have received a separate receipt for I-485J as well. While few of us have not received it yet.Quote:
Originally Posted by idliman
As you can see from my previous posts, I'm a straight EB2 (Jan-2011 PD). My lawyer told me that when you file concurrently (485 + Supp J) you may not receive any separate receipt for Form J and that's normal.Quote:
Originally Posted by mesan123
This is all you will get as such as rest of the forms usually don't get any separate receipt notices as mentioned by Idliman above too. I'm confirming this based on what my lawyers have told me when I checked with them for my case.Quote:
Originally Posted by raradhya