EB2-3 Predictions (Rather Calculations) 2015-2020

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Originally Posted by rabp77

i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

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vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

Looks like USCIS is only honoring Final action Dates (FAD) for January filers. https://www.uscis.gov/green-card/gre...yment-based-59

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Originally Posted by idliman

vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.

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Idliman,

Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.

On another note, currently I am in the process of getting OCI renewed for my kids. That's another painful experience you have to deal with. The Indian Government OCI website and the new VFS Global website are designed for the 19th century! Very difficult to navigate through to find any clear info, and sometimes they simply don't work. Anybody who have filed for OCI recently will agree with me on this one. Bottom line, the pain will continue even after you receive your GC. The best thing to do is not to travel at all!

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Originally Posted by vedu

Idliman,
Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.

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It is post #148 on EAD (and/or AP) Renewal thread. This also had a discussion on the C09 vs C09P. I think we concluded that C09P is better if you are eligible for a combo card.

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.

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Originally Posted by idliman

Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.

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Couldn't agree more with this. People need to pay close attention to this point in their future EAD/AP renewals.

forgotten souls

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Originally Posted by suninphx

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

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yeah..we are the forgotten souls :-(

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Originally Posted by suninphx

9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me :) )

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The last digits of the year got inverted. Can be passed as a typo in the big scheme of things. 12 or 21

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

This is how I would answer if I were in your situation.... See inline.

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Originally Posted by Mgajsk

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
No

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
USCIS may ask for evidence that you intend to join the sponsor of your Green card.

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
None that I can think of ...

Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

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All the best

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Originally Posted by qesehmk

3.
Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

All the best

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Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

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Originally Posted by Mgajsk

Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

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The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

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Originally Posted by inspired_p

The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)

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Thank you for the clarification inspired_P.

My I-485 Received date is Oct 19 2020. so 180 days from that date is when I can change employers?
I gave up 2 offers in backlog. Hopefully things change soon. fingers crossed.

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

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Originally Posted by superuser

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let?s say if I exercise my EAD for a new job where employer doesn?t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

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As per the law, the 180 days starts from the day the AOS application was filed with USCIS (https://www.govinfo.gov/content/pkg/...106publ313.pdf). However, the receipt notices from USCIS do not mention that date, and only have the date where the receipt notice was generated. So just to be safe IMHO, its good to go by the date on the receipt notice from USCIS. Otherwise in case you need to prove something, you will be relying on Fedex/USPS receipts, which likely carry less weight than a notice from USCIS itself.

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Originally Posted by delorean_doc

Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

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Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

Got it...thanks

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Originally Posted by rabp77

Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

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The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

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Originally Posted by Mgajsk

Question to the Gurus in the group.

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1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

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No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.

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2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

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You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.

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3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

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That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.

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4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?

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Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

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Originally Posted by Mgajsk

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

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Here's what I think:

#1 It depends on whether you wish to use your H1B visa or not, since if you want to do a visa transfer then your future employer needs to sponsor it. On the other hand, if you want to switch to EAD for your future employment then you won't need sponsorship any longer.

#2 You need to ensure that you are not deviating too much from your original job category, since as per the AC21 portability rule you'll need to prove that your new job is in the "same or similar occupational classification" as the job described in the immigrant petition filed by the prior employer. I'd suggest that you talk to your new hiring manager and discuss this beforehand, and continue to keep this in mind even as you progress in your career.

#3 The 6-month period is counted from your I-485 receipt notice date

#4 If you don't have it already, get a copy of your PERM labor certification and I-140 approval notice

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Originally Posted by superuser

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

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To answer the second part of your question, as long as you can find a future job offer in the "same or similar occupational classification" as the job described in the immigrant petition filed by the original employer prior to an audit by USCIS, you should be good. It doesn't matter if you take a break in between jobs while you are in AOS. Using EAD gives you a lot more freedom in choosing your employer since they don't need to sponsor your visa which can be a deal breaker for a lot of hiring companies.

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Originally Posted by superuser

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

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I believe the second part of your question is unanswered so am going to try. I'll let other people correct me if I've mis-stated something. Under AC21, if your I-485 is pending for 180+ days, you can 'port' your employment to a different employer by filing I-485 supplement J and do not have to go through Perm/I-140 to restart your green card process. If you lose your job, you will have to find a new job and be ready to file form I-485 supplement J with the new job offer. The conditions for porting still apply (https://www.uscis.gov/working-in-the...ity-under-ac21)

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On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases – at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.

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This is good news for all especially the ones who recently filed for I485. You don't need to pay for EAD/AP renewal.