EB2-3 Predictions (Rather Calculations)

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Originally Posted by idliman

I-485 is for a future job. So it is OK that you went with employer A.

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.

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Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

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Originally Posted by idliman

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.

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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.

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Originally Posted by mesan123

What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

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

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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.

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Originally Posted by raradhya

@ 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.

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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.

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Originally Posted by gc_dedo

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

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Once you cut the cord, you got to breath on your own.

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?

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Originally Posted by Zenzone

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?

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Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

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Originally Posted by idliman

Based the past experiences, the online updates are all over the place. Please wait till you receive the I765 (EAD) card to see if it has AP too. In the past I have tried to decode the online messages, however USCIS has its own ways of creating unique situations. It is not worth it to worry about this. Just have some patience. I know it is hard, I probably did the same thing that you are doing.

As a good news, a friend of mine got a 1 year EAD+AP card approval without any online updates showing up for I-131 application.

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Thanks! I'm not worried. It was a general clarification. Guess we have been here long enough to appreciate how USCIS works in its own mysterious ways ;)

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Originally Posted by Zenzone

For folks who have received their EAD+AP combo card, is it necessary for the I-131 status to change or if just your I-765 status saying "card being produced" implies it is infact the combo card that's being produced. Asking this because I read that I-131 status when filed together with I-765 and I-485 is less reliable. Thoughts?

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that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

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Originally Posted by mesan123

that is correct. USCIS updates 131 status little late after card production, you will see approval updates for both 131,765 in a day or 2, then card emailed with usps tracking on 765 in couple of days. The cards are combo with one year validity ��

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Bingo...Just now our 765/131 statuses both changed to "case was approved".

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showt...-Sample-format

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Originally Posted by idliman

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showt...-Sample-format

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Thanks for the info! I am hoping I will never have to renew my EAD/AP :p

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

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Originally Posted by qesehmk

Just a suggestion for everybody.

I see a lot of people helping around. If you feel somebody's post is helpful, please don't forget to say "Thank You".

Kindness when appreciated multiplies :) It will only help everybody.

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I second that. Specially, to idliman these days! It seems like he has received PhD in immigration matters!

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Originally Posted by gc_dedo

Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

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If you are with the same employer that you filed I485 with, then it doesn't matter if you are working on EAD or H1B. Switching to EB3 process remains the same (via new I-140 I think).
If you switch employers, then you need to file a new Perm and I-140 and then switch to Eb3.

Yes, waiting patiently. Submitted on October 29 and no sign of Receipt or checks. Not sure how long this is going to take and if for Receipts we have to wait for 3 months then I wonder how they are going to utilize the spillover before September 2021.

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Originally Posted by idliman

All those who had recently filed I485 and first time EAD/AP, take a look at the EAD/AP thread so that you can prepare for the next steps. I just updated it with a renewal guide.

Comments are welcome so that we can keep improving continuously.

https://www.qesehmk.org/forums/showt...-Sample-format

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Thanks idliman. These detailed posts are worth their weight in gold.

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Originally Posted by bangaloreboy

great to see folks getting their EAD/APs
Is there anyone who filed in Oct 2020 and yet to see their checks cashed? Let alone get receipt notices?

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I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

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Originally Posted by mohan_jgd

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

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Same for me and one of my friends. Still waiting for updates.

I hear you. Thanks.

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Originally Posted by mohan_jgd

I am in the same boat. My application was filed on 10/29 and sent to Lewisville lockbox. Learned this week from my employer that the checks are yet to be cashed. Our company immigration lawyer has told us that I-140/485s delivered to the lockbox on Oct 26/27th are yet to be opened. In fact, no filing fee checks have been cashed by the Lockbox since December 31st.

Can't do anything but just wait and be patient.

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Thanks mohan_jgd...that calms some nerves a bit...
Same date and lockbox here...
I had started to entertain thoughts that my file was sitting outside and getting soaked lol!
USCIS please take my money!

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Originally Posted by sstest

Same for me and one of my friends. Still waiting for updates.

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Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

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Originally Posted by bangaloreboy

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

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Don't worry about the Received date. USCIS honors the date when it is received by lockbox.

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Originally Posted by bangaloreboy

Thanks sstest!
It would be interesting to see what the received date on the notice will be.
If it is a January date, its reason to be quite pissed!

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Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

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Originally Posted by mesan123

Be patient. I can understand it will be nervous, reciept number will be good, to calmeveryone, i see pattern that down grade applications started getting reciepts after straight applications, probably to match to I-140( i m guessing this reason). So reciepts are coming late fot downgrades. I see october 27th folks getting reciepts.. so yours should come soon.

Onething to keep in mind last week on october too many people applied, so for sane date few people reciepts might be delayed too.. hang in there , it will come soon :) .. wishing everyone gets reciepts soon..

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Thanks Mesan! agree, all we can do is wait. Until then, onto to VB watch!

My attorney was a bit pissed at me because she wanted to get the application in on Oct 1. She thought first that we need to submit everything but later decided that it would be better to get it in without medicals to avoid even a few days delay. By then I had decided I wanted to submit a 'complete' application with medicals and the clinic screwed up the blood draw which cost us extra days and we finally sent it out on Oct. 8 but she warned me we were playing with fire and there are going to be unimaginable delays. Tough to see a lot of people in limbo losing sleep over this for months now... hopefully they will catch up to the processing and maybe new Admin will allocate extra resources to handle the load.

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs

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Originally Posted by usvisas

in trackitt posts, seeing RFE's for EB2 PDs as far as 4/2010...good signs

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I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

Seeing some interesting cases on Oct filers Whatsapp and Telegram groups. Looks like TSC is issuing cards without issuing RFEs. One case the last medicals were in 2012.

The only common thread seems to be applicants are in the same job since applying.

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Originally Posted by idliman

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

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couple of guys say: don't know if its TSC or NSC, been too long, how to find? :)

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Originally Posted by txsguy

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

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Not exactly. There are a lot of people like me who haven't filed a downgrade. Some are negotiating with employers to file for a downgrade, some people have moved on to a new job and waiting for PERM approval etc.Quite possible that there would have been more 2014PD applicants who would have filed in December if given a chance.

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Originally Posted by txsguy

Anyone knows why USCIS pulls the filing date back?? The date was kept for OCT and NOV. Ppl filed and will get EAD's, they will not get GC's till final date comes. Its not like if '1-JAN-2015' filing date is still there in Jan 2021 new ppl with 2014 date will be born and will file. Whoever wanted to file would have filed in OCT/NOV.

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The "DF" or filing dates are based on internal calculation (DOS/USCIS) on where the "FA" or final action dates will be at the end of that year (Oct 1st to Sep 30th). Based on past history they keep it open only for the first 1 to 3 months to get enough applications to build a buffer.

They should have gotten more fresh applications than they originally calculated / expected (probably EB2 to EB3 downgrades). That's why they moved / keep moving the DF dates. Please note that the Visa Bulletin is done by the State Department. They control the number of GCs that are issued. The honoring of "DF" dates is at the discretion of USCIS. So both departments do their job independently. Ideally they both should be in sync. But it is not practical.

There is a saying inside the beltway. DHS is one of the worst functioning arms of the Govt. and sometimes called a total disaster. Some people think DHS should be shutdown.

I received RFE from TSC for Medicals, 485J and 325A.

EB2I 11 September 2009.

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Originally Posted by idliman

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

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My PD is March 2nd 2010 EB2I and i did not receive any RFE yet but one of my old colleague who has same priority date and filed I-485 at the same time as me got RFE. We both are at NSC and received RFE in 2018.

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Originally Posted by idliman

I could not see anyone from TSC. Do you know people from TSC getting RFE's? If TSC is sending RFE's then I will believe. Please remember that NSC already did one or two rounds of RFEs for all pending EB2I's till May 2010.

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I received RFE a week ago from TSC

Obviously no visa bulletin today which I believe is a good thing. Can you guys believe it? We are at the end of the LAST FRIDAY of this MISERABLE PRESIDENCY! Hope for a better bulletin from the next Admin, if not the Feb, at least the March one.

I wish everyone here a lot better immigration fortune at least for the next 2 years and hope for the best for the midterms.

I agree. let's hope the new admin brings a decent amount of relief for the backlogged community and EB immigration isn't a black hole anymore.

And we see a positive VB next week...We can only hope...

hello Gurus,

My company has filed my EB3 downgrade application on 30th December. At moment, I am waiting for the receipt notice. I see many lawyers out there recommending filing premium processing for downgrade only after receipt notice to be on a safer side.

I need to provide justification to my employer for the premium processing if I want to opt that. would you please help me understand what's the exact benefit of getting premium processing for EB3 I-140 downgrade?

Thanks You!