Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.
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This is totally unfair. No one can give any type of guarantee on bulletin dates. It may or may not move. Lawyers should be more transparent on their workload and let employee find a independent attorney if they can file the application on time . What if they dates retrogress, are they going to compensate?
Also I strongly suggest everybody to NOT abandon your first application when you port. Porting is basically filing an entirely new application. Don't abandon first application when you file a second one.
Does anybody have insight into how long a 485j is valid? I sent one in this January and was wondering if there is a rule or practice similar to the medicals.
One can always fill out the SuppJ and send it to HR with a request to sign. It is a fillable PDF so the HR rep can always change parts they feel like. Having a filled out form will most likely speed up the process Vs having HR rep spend couple of hours filling it out.
Also remember your HR reps are humans so a kind word and recommendation from someone you both know will help you.
Thank you everyone. i was wondering the same. Eb2 I140 pending inventory by end of 2013 is 2.5 times that of EB3 I140 (based on June-July 2020 data). Now the only problem is how many EB2s downgrade to EB3 and raise the numbers. I sincerely hope they keep the filling dates open for a few more months amidst all this uncertainty so that an informed decision can be taken on the downgrade.
my company amends the I140. So once my I140 EB3 is approved, i would no longer have my original EB2 I140. So will have to unfortunately let go of EAD/AP by downgrading this month, but have to wait for the next bulletin to see how EB3 shapes up:(
Do I485 for all family members need to be submitted together? My wife does not have a birth certificate. So can I submit I485/EAD/AP for myself and my son, and then submit I485 for my wife later?
She has her own I140 EB2, and we can file I485/EAD/AP only based on FD by downgrading to EB3. Our priority date is Jan 2014 EB2
Hi Experts ,
My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)
Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?
Who knows when the Dec 2011 date will be current? It all depends how many I-485 applications turn up. If you ask me, I would never rely on future movements from USCIS. Yes, I have a decade of experience in NOT to predict future movements from USCIS. USCIS themselves don't know how dates will turn up a year from now.
If I were you, I will ask for a downgrade to EB-3 without jeopardizing EB-2. Get in the I-485 line when you can. Later if EB-2 advances past your PD, move to EB-2.
To lake789
I upgraded from eb3 to eb2 and when eb3 became current,My EB3 was still valid .
I think same procedure applies when you move from eb3 to eb2.
Had couple of questions regarding Birth Certificate for filing I-485
1. In my birth certificate, the registration is done 5 years after my birth. Is that Birth certificate applicable or do i need additional documents?
2. For my wife, her name is not there in her birth certificate. Does she need secondary documents for it?
You can obtain the Affidavit from the parents if Birth certificate is not available. addionally you can also obtain a non availability certificate. there is a standard format for both of them. as your attorney. even thou we have birth certificate some times the DD/MM is confusing and some times the Parents names are not fully expanded and do not match exactly like in our passport so an Affidavit is needed.
it only costs like Rs.200 in total and upto 1 day to get it, all you need is a scanned copy for now to submit along with I-485
Check this out there is premium processing available. https://www.murthy.com/2020/09/30/ne...ssing-service/
appreciate the response.....we both have the birth certificate but they are incomplete.....in my wife's case , her name is missing from the birth certificate and in my case the registration is 5 years after birth...
Posting this since this thread is for calculations and predictions. Initially I thought that there will be eb2 to eb3 downgrade in large numbers.
However my employer and my wife's employer, both are not allowing downgrade. Wife's employer is a large Indian MNC, and has thousands on h1b/l1 . With these two and few other examples, I feel that downgrade may not be in same magnitude as we expected.
Do you guys think in same line?
Also, if you have current priority dates on eb3 and eb2 both, request you to use eb3 .. :P :P
Is this Premium I140 processing allowed for EB2 to EB3 downgrade also?
I have seen earlier that its not allowed as the Original perm submitted at the first time EB2 I140 and is not available for the downgrade to EB3 now.
My ex-firm is downgrading everyone (50+) who is eligible to file for EAD. Firm previous to this one is lloking into downgrade atleast 1000s, they are lining up resources. Both of these are US based firms with really really good benefits and top of their field.
So yeah it depends, how sensitive a firm is to legal expenses. Some give priority to their employee(2 firms where i worked in past) or Indian MNC (WITCH??) who believes only in bottom line.
Most of the firms in west coast are allowing it.
Financial firms in east coast are generally not as supportive as tech firms regarding matters related to immigration. But my employer(a megabank) is allowing it. So, I assume other banks would also allow. I think there will be substantial number of downgrades. The picture will get more clear in next couple of months.
I couldn't find any information on USCIS website on current application fee for I-485 application post court stay order - Any updates? are you all planning to pay old application fee?
I have mentioned this before but worth repeating. The Chennai municipal corporation has a digitized database of all registered births from 1935 onwards and you can download and print a pdf copy of the same free of cost. It is probably not in thr format that the USCIS is looking for and you may still need a notarized affidavit but this will take care of the NABC part. It us worth checking websites of other municipal corporations nationwide to see if this service is available
I have PD of10/28/2010 and have asked my employer to file in EB3 category. I am still confused , does the number of EB3 applications beyond FAD affect the processing speed of the I-485s and hence movement of FAD ?
I mean because of thousands of EB3 downgrade applications will the FAD movement slow down ?
Here I am assuming noone with an EB2 petition before May 15 2011 will want to downgrade.
There are lot of downgrades happening. I know a lot of people from a wireless major tech company and they are downgrading for everybody. I know many people/families downgrading to EB-3 with their PDs after May,2011. I yet to see someone who was denied downgrade by their employer.
I would put the downgrade % at minimum 50%. In the West Coast, tech companies understand the plights of immigrants. They will go ahead and do it. All the desi consultancies will do it. So, I don't see a problem with downgrades.
I won't be surprised to see the downgrade I-485s alone come to 70K or thereabouts.
People do downgrade and it doesn't matter how far EB3 is ahead. On trackitt some people downgraded with just 2 months between EB-2 and EB-3. If the EB-2 FAD dates don't move in pace with EB-3 people will jump the ship. But before 2011 it may not be much.
Even in this forum whose PD is Jan 2011, was asking if he can file it in EB-3.
What are the chances of EB2 FAD reaching end of 2010 vs EB3 FAD. Is it better to go for EB3?
My attorney got e-signature and submitted the application. Just curious....
That's the million $ question whose answer even I am trying to predict.
My own gut feeling is EB3 FAD will stay ahead of EB2 FAD and movement of FAD will also be rapid ( 4-6 months at a time) for EB3 instead of 2-3 months for EB2.
I am putting my chances on EB3. Only time will tell if that will give faster FAD and GC.