I am afraid we will not see any changes for legal immigration. If at all, they will take time to implement them.
Printable View
Let us not push everything to Trump. Expired medicals were a norm during Obama times too. The employee employer relationship was during that time. The introduction of filing dates without any worthwhile movement for 5 years was under his admin. The watered down H4 EAD and nothing for kids was his handout. Kids aging out due to oversight or design of not accepting filing date again by Obama.
Ace, after being at this "Trishanku Swarga" status (EAD/AP), I am starting to get tired of this process. I agree with most of your views above. In my opinion the single thing that messed up EB2I folks is the introduction of the Dual VB dates (DF/FA) by the Obama admin. I was cheering for it when it was announced and many years older, now I look back and reflect the harm it has done. In simpler words it made sure that spillover was systematically denied to India folks. Kids age-out is a greater sin than DACA. I am sure the JB admin will change the rule-book to include the DF dates. Immigration is very complicated. After being in the queue for so long, I realize that small things can have unintended consequences. The consulate closure unexpectedly now allowed many folks till 2015 to attain the EAD/AP status. I supported JB mainly for the reason that his admin will issue as many GCs as possible without the wastage that you expect from DT admin. Time only will tell if we were right to support our candidates. Even though EAD/AP Trishanku status is fine for a while, after 8+ years many will start getting tired of it.
As humans, we all get bored with "status quo" . When on an L1 , you hope to just get an HIB lottery . After that you get the HI , you tell yourself that an EAD is good enough as your are very loosely connected to an employer after 180 days. But then with the renewals of EAD every two years and AP every year plus sitting secondary immigration for 3-4 hrs you long for a GC . Once on GC, you want citizenship as that liberates you from all this mess. Its a long journey , but after a while you want change where ever you are .
About the movement of dates if Trump concedes by Dec 5th we could have dates moving from the next bulletin as the departments will have more autonomy . Else we will need to wait for Biden administration to staff the agencies and give them the green signal.
Trump has conceded. Wishing for better times from now on. Don't expect any immigration reform for another four years, hope that the Executive Actions don't end up stabbing us in the back.
That's True. Where ever we are change required, but Change required with boredom is different than change required with pain. This is pain and sad part is our kids needs to start over from the beginning.
As per my understanding the FD movement indicates that this year is very different than any previous years. If they don't want to issue GCs, would not have been moved the FD so far . The FAD movement will start soon.
Can anyone explain this
How 436 gc issued in eb3 for month of October via CP if EO is still existing
Spectator has mentioned in CP processing
longwaitgigu,
There are various exceptions in the EOs and the Consulates have some latitude.
Notably, there's an exception for health workers due to COVID-19. Nearly 60% of the EB3 approvals are for Philippines, known for providing nurses.
I think CO has mentioned that priority is also given to cases where age-out is a consideration.
In short - it's not a total blanket ban.
Hi Gurus: please move this to the appropriate page but wanted to ask about the Expedited processing options for H4 visas due to Financial loss. Has anyone been able to avail this service? When I try to call the 800 number, there is no way to get to an agent to take up the case. Is there any other way to reach them ?
USCIS is not going to furlough anyone this year, which should be welcome news for processing more applications in a timely fashion. Hopefully they do their job, at least beginning from noon on Jan 20, 2021.
https://twitter.com/Haleaziz/status/1331256633180127233
My PD is 2012 June and we just downgraded to eb3. When do u think we can expect a GC? How many years from now on? Provided our downgrade application gets approved.
Thanks,
Orchid
After USCIS stopped publishing pending inventory data, this question can be answered only by making a few assumptions. My assumption may sound too optimistic for some, but in the best case scenario you may get yours in a year. The assumptions made here are full spillover is utilized without any being wasted, and most people before May 15 2011 PD would not be downgrading. But i have no data to say how realistic these assumptions are. You could use whereismyGC service to get a more accurate date (which is likely to use more available data into account). Good Luck.
My Priority date is Mar 2011. I filed my I-485 in EB2 category. What is the estimated date for getting GC. Will it be any sooner if I downgrade to EB3 (after getting EB3 I-140 approved). Is it worth downgrading? I ask this because Gurus are suggesting that use of EAD/AP will jeopardize future Downgrade/Upgrade. Its like - we can have the cake but not eat it.
Take it with a grain of salt. You may get your GC faster in EB3 rather than EB2.
This is from the collective wisdom in this forum that anybody after Apr 2010 PD is trying to downgrade as much as possible to EB3. Simply because EB2 Queue is crowded 5 times to 1 of EB3 Queue.
I think at some point eb2 and eb3 will go in parallel. If SO is applied correctly. Without any wastage. 2010,2011 will clear for sure. 2012 May clear next yr if there is low demand from row.
My PD is EB2 May 2013, Recently applied EB2 >>EB3 Downgrade (I-140& I-485), I hold General Manager[GM] title with SOC code 11:1021 with wage of $120K, Planning to start my own business exactly same field and plan to hold GM title in additional small change[90% remain same] in responsibility but with pay of $75[due to startup]+ 100% Company ownership, thinking to use AC21 to sign my own 1-485J,, Please let me know if this still in compliance of existing ac21 policy for self employment or not? Pls explain if any risks involved. FYI: I plan to do only after 180 days of both I-140& I-485 Which ever comes latest.
This thing has been mentioned by many people since more than 4-5 years ago. In theory, it makes sense because most people who filed EB3 10 years ago, would now qualify for EB2, and any petition that qualifies for EB2 will qualify for EB3. However, this has not been the case so far because, there are costs and hurdles associated with switching. Some companies refuse to downgrade or file a 2nd petition, and in other cases people have used the EAD, and changed companies, so upgrading or downgrading can require a new perm. If you observe China, Eb3 is currently 1.5 years ahead of EB2, and that has been the case for most part for a few years.
My lawyer once told me that self-employment, freelance consulting, etc., are fine for AC21 as long as the job duties are similar and you are able to clearly prove that you won't be a public charge and have the ability to generate income to support yourself. If you have a history being successfully self-employed, it won't be a problem. But if you get into your own business and within a few months you had to respond to an RFE/Supplement-J with financial information, you might have a harder time since your business has just started.
People have done this in the past. But first get a good immigration lawyer and a CPA who can together formulate the paper work so as to not have a conflict with the law .
With your PD of May 2013 you could get your GC in 4 years provided there is a huge SO this year too. The Biden Admin will be more lenient towards AC21 so the next 4 years could be OK. But if things change in 2025 , that's when you need a good lawyer and CPA who would have filed the right paper work .
Urgent question on behalf of a friend.
My friend has to travel to India urgently due to a family emergency. He recently filed for I485 & EAD/AP in October and has not got the receipt numbers yet. Is there any impact to the pending I485 or AP applications if he travels at this time? He is currently on a H1B visa and intends to re-enter with the same.
@admins - I posted on this thread for visibility. please move this to an appropriate thread later.
thanks for the link. Good information
Thanks for the link. It was a useful read, but a little confusing w.r.t I-485 withdrawal. Attorney clarification was that the I-485 would be fine, but the AP would be denied since this is a first time application for AP and there's no valid AP during the travel duration. The advice was to reapply for AP after returning based on the pending I485.
There is a tweet from IV on S386 being passed by UC.! Did anyone hear from any other source.? Nothing is coming up on the news or .gov yet.
Any S386 / HR1044 discussion: Please post in the following thread:
https://www.qesehmk.org/forums/showt...8454#post68454
Thank you.
Any predictions for the visa bulletin for January ;). USCIS should have garnered enough information in EB1 , and ROW categories in the last 2 and half months to anticipate the horizontal spillover likely for this year. From Q2 there has to have movement in action dates if they do not want to waste visas.
USCIS has not approved any GCs for 2 weeks now (very few, but practically 0). They are right now slower than their speed last year this time (based on trackitt approvals). We can make all the predictions we want, but if no one is applying pressure on USCIS to speed up, they are unlikely to exceed 150,000 GCs this year.
Filed on Oct 27 and no receipt yet. Tried asking Emma but was directed to a customer service number and they keep disconnecting saying all agents are busy. Any idea how to get the receipt numbers through a live agent?
Would you mind running me through a step by step process on how to get that info?
Ask emma "Live chat", it will come up with option "case status" and few others and select the "case status". It will ask again "do you have receipt number" and some other, select the option and it will say what can I help you and ask "live chat" it will connect to you to the live person. keep your alien number with you before you chat.
Hi, filed 10/26 and got my receipt numbers through live chat. Keep waiting each time Emma says agents are busy try again. I got someone chat with me within 30mts and hence kept trying every 10mts or so with Emma. Good luck !