Biometric appointments cancelled for Jan 19 and 20. USCIS probably expecting some events on inauguration day.
https://www.uscis.gov/news/alerts/us...-jan-19-and-20
Printable View
Biometric appointments cancelled for Jan 19 and 20. USCIS probably expecting some events on inauguration day.
https://www.uscis.gov/news/alerts/us...-jan-19-and-20
There is not much benefit, other than that you can move on with your life once i-140 is approved. In case of the rare case of rejection some people would rather want that now than a year later. You can have some mental peace if you want to ditch H1 for good and move on to EAD (a tad bit riskier while your i140 is pending). The only other thing that I can think of is (rare chance), if your FAD becomes current, your GC will not be approved if i140 is pending adjudication.
Congrats on getting your RFE. Glad to see that TSC folks are getting RFEs. NSC works on its own. A couple of years back they sent RFEs to everyone with pending I485 requesting updated medicals. Those might have expired. From what I have seen NSC had sent more RFEs to keep their files current. That's why I wanted to hear from TSC folks.
TSC on the other hand is like a black hole. There are people who have not received any RFEs since their files were pre adjudicated in 2012. If many people from TSC get RFE's then it is definitely positive. It is a good indication of things to come.
superuser: I agree with the moderator. If your EB3 FA PD is current or close to being current, definitely go for premium processing. On the other hand if your PD is somewhere in 2014, I don't see the benefit of Premium Processing. I think I-140 takes about 6 months to approve now-a-days. Things will speed up once the JB admin take charge of things.
If you are not with the same employer, same job and same service center, then USCIS will not accept premium processing. So they get the receipt notice first and then file premium processing.
Thank you idliman and vsivarama for your wonderful help. My priority data is 25-aug-2011. does it fall in the category of "close to current"?
My case is being processed at NSC whereas my spouse's case is being processed at TSC. None of us received RFE. Is that normal for the cases to be in different service centers?
Well this is just my opinion so take it for what it is. Though I cannot tell you what to do, I can layout the facts on the ground.
People with PD in 2010 and early 2011 should definitely give consideration to PP. The rest can decide based on their personal situation. Having said that here are the things that need to monitored.
i) How committed is USCIS in using up the extra spillover numbers? The only way to know this is to monitor the VB closely and based on the movement maybe we can decide more.
ii) Currently Avg processing time for i140 is close to 6 months. Is it going to decrease/stay the same/increase? Yes, Biden admin may speed up the processing time somewhat, but COVID is still a thing and the sudden influx of i140s for downgrade petitions may slow things down more.
iii) How safe is your job situation? If there are layoffs starting in your firm, then it's always safe to try and PP your case so that you are in the safe zone. If you are laid off after 180 days of filing i485 but your i140 is still pending approval, then it's kind of a grey area. I certainly would not want to find out what happens if the firm revokes your i140 while pending adjudication.
I hope you can make your decision based on some of these factors and how they apply to you.
I have biometrics appointment scheduled for Jan19th. Now I need to wait for a reschedule notice from USCIS
Did nyone receive bio notice in 2021? I haven't seen any across any group, forum or tracker. Hearing that there's some pause since Jan 1st 2021?
My wife and I received our receipt notices in the mail yesterday for I-485 as well as EAD/AP.
Category: EB2-I
Priority Date: June 28th, 2010
Application filed: Oct 26th, 2020
I-485/I-131/I-765 Received Date: Oct 27th, 2020
I-485/I-131/I-765 Notice Date: Jan 11th, 2021
We are still waiting for the notification for our biometrics appointment.
USCIS tries to merge the cases for family members even if they are filed separately, but its not guaranteed. Personally know a friend, where the principal and derivative application were applied almost 3 months separate, and had fingerprints separately, but the subsequent interview and approval etc happened together. In this case they had the applications initially processed by different service centers, but eventually both were moved to the same service center. So i believe, they will try to merge it. Also you cannot normally say by the case status number where you application is being processed, because cases are often transferred between centers.
If they utilize all or most of the visas spillover, your date should be current in the next 1-2 years. There is also expected to be a reasonable spillover for FY2022. Thats the reason i am optimistic. Here is how this can be estimated: as per last release inventory data, the number of applications were around 1400 per month for india for early 2010 (for eb2). Now that number could have been higher in 2011, and maybe higher for EB3. But assuming its around 2000 per month, and availability for india EB2 /eb3 of around around 30000- 35000. This would mean an advancement of around 18 months this FY, which should put you very close by end of this FY. So one can be optimistic of this happening in the next 1-2 years.
However, please take it with a grain of salt as no one can predict utilization of visa numbers. Also it would help bring more transparency if they start publishing inventory data. You could use whereismyGC for predictions based on more data (which will be better than back of envelop computations above).
Good luck.
Guys 4 VB's came out in 2021 Fiscal year and so far had no luck for EB2/EB3 India
with 8 VB's in 2021 fiscal year,
what is the worst outcome can be for EB2/EB3 folks
do you guys think whole 25000 FB spill over visas per eb2 eb3 will be wasted in 2021 year?
In worst case scenario for 2021 with all FB spill over numbers wasted
whats chances of EB1 getting current in coming 8 VB's
once eb1 gets current how many extra numbers from eb1 can be passed on to EB2 per year untill EB1 India gets clogged again?
with 6 months FB numbers not getting used in 2021 Fiscal year, there is 60000 numbers atleast to be spill over to EB2/EB3 in fiscal year 2022
even if FB numbers are wasted this year, EB1 getting current in next 3-4 bulletins and 60000 FB spill over numbers coming to EB2/EB3
what will be FAD movements for EB2/EB3 India in Feb/March/April/May/June/July/Aug/Sept/Oct/Nov/Dec?
Om Namah Sivayah
I was reading there is no law which says they have to give all the people who have filed with Date of Filing GC's in the same year. It's mostly a guesstimate between DoS and USCIS because if it was law, we would see DoF being set in first three months and then by end of year all the people would have gotten GC's. So, its a guesstimate. That part everyone agrees.
Now coming back to this guesstimate, lawyers are proposing why cant USCIS do Date of Filing very aggressively if its not prevented by law and give benefits of AoS. State Dept can keep giving GC's slowly in their own sweet time.
txsguy, where did you get some pointers from that lawyers are proposing to issue the EAD based on aggressive DF? I think it would directly hit their revenue streak and they would not like to implement that. However, I may be wrong if the perspective is changing now a days.
http://blog.cyrusmehta.com/2020/11/proposal-for-the-biden-administrationusing-the-dual-date-visa-bulletin-to-allow-the-maximum-number-of-adjustment-of-status-filings.html
Even CATO Institute sent this in its list of proposals. Of course it does not mean administration will/has to do anything but legally they can do and nothing is stopping them from moving the Date of Filing aggressively.
My point being legally there is no limit as to how much date of filing AoS they can take. Only number of GC's are legally bound and numbered/year.
To all the folks who are new to the Trishanku Status (AOS Pending), make sure that you are aware of the implications before you travel out of USA. It is advisable to travel only with AP. Browse the precautions in the following thread. Good Luck.
https://www.qesehmk.org/forums/showt...rd-Application
Any idea on upcoming VB? is the new admin in charge, how do we know if it is old admin or new admin. New Admin will get certain directions from Biden administration on dates movement/inventory updates, when can we see changes
As per trackitt RFE's for EB2 2010 Jan/feb/mar/apr folks mean that EB2 FAD will move to may 2010 if that happens what will be FAD for EB3 folks? can it be Nov 2010(+6months to EB2)
This visa bulletin means world to us. We are constantly thinking about it, so we only see this from our own narrow point of view. But the reality is this means not much to any old/new administration. They have other bigger fish to fry, so they are not waking up every morning thinking what dates they should set for upcoming visa bulletin, much less what dates should be set up specifically for EB2/3I. This means nothing to them. My guess is they will let DOS/USCIS worry about that, while politicians themselves will be busy with more meaningful topics from their point of view such as impeachment, next stimulus package, maybe DACA, etc. If dates progress significantly, good for all of us. If they don't, who gives a damn except people on this forum!
Sorry for one off topic post! Did anyone see what happened at the Gabba?! I surely wish this portends well for the rest of the year for all of us on our immigration journey. Beating unimaginable odds and coming out victorious in the end! What a game by the young debutants and other fresh faces. My spirits are truly lifted the morning of the day when an awful chapter comes to an end in this beautiful country.
This is even better than the match played by Bhuvan and his team as depicted in Lagaan.
The bowling experience in tests before this match was Siraj - 2, saini - 1, Shardul Takur - 10 balls, Sundar and Natarajan - 0, combined wickets taken under 10. Aussie bowlers - >1000 wickets
This Indian bowling attack took 20 wickets, while the Aussies wilted. Paine?s comment C U in Brisbane came back to pain him.
I am a Dec2009 PD candidate and have applied for EAD/AP renewal, my manager tired of approving renewals for H1 and EAD for the last 10 years, this guy from last 4 years said I’ll pray for your GC and hopefully this would be the last time renewing it. I said the same thing to myself few years ago. All this legislation might happen might not happen but if USCIS and DOS don’t waste visa’s this will bring relief to a lot of old timers.
On a lighter note my wife and I were discussing our aging looking at the pictures in our EAD cards from the past 9 years.
A bit off-topic: Is there Premium processing now for EB2 NIW ?
Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.
Gurus,
I need help with my situation here, i have applied 485(AP+EAD) with my old employer, once i get the AP.
1) is it possible to travel using that AP even though i dont work for them yet.
2) If yes, then can i work for my current employer on H1b after entering on AP from old employer
3) I am planning to go to my old employer after GC , would it cause any problem in GC process. Please enlighten me here, so i can make plans accordingly . Thank you very much.
Here are my answers. Always refer to your attorney to get final legal advice. I don't have formal education in immigration law.
Browse through the following threads for EAD/AP first. Pay attention to I-9 / Status section in those threads.
https://www.qesehmk.org/forums/showt...rd-Application
https://www.qesehmk.org/forums/showthread.php/2927-EAD-AP-Renewal-Sample-format
Looks like you are new to the I485 C9P EAD/AP. The first rule is to stay with the employer who filed I-140 & PERM for 180 days after the "Received Date" of I-485. There are a lot of posts that explain AC21 protections. If you are asking all these question for the first 180 days within I485 submital, the answers can be very complicated based on your scenario.
1. AP is just a travel document that authorizes to enter USA. This question is more towards EAD. They cannot be separated as CBP can ask you employment questions at Port of Entry. I would wait for 180 days first. After that you are a "free agent" and it does not matter.
2. Once you use AP at port of entry, you are no longer on H1B. You are a "Pending AOS / DA / Parolee". Usually the employer / HR does not bother if they have a valid I-9. Once you renew H1B, then you come back to H1B status.
3. No issues. Everything revolves around 180 day AC21 protection. USCIS can send you an RFE anytime. At that time you need to be able to file I485 Supp J with "same or similar" category justification. Whether you work for Employer A or B or C does not matter. When a RFE is sent you will reply with a Supp J from the employer that you are working at that time.
I would stay put for the first 180 days after submitting I485 and avoid changing jobs at that period.
EAD/AP Receipts???
I applied for my EAD/AP renewal and it reached Lewisville,TX lockbox on 10/30. I have not received my receipts yet. I see in trackitt most of the guys got their receipts for October,2020. Is there a way to get receipt no's? I work on EAD not sure what options I have??? with pending EAD receipt i can work 180 days without a receipt ????
I suppose the receipt was lost in mail, did you ask your lawyer as they would a copy if you used their services . As mentioned you can get to a live agent and have this resolved. EB cases are C-09 category so you will have the 180 days grace as long you filed before the EAD expired. Even after that you can still maintain employment by getting furloughed during which you will have health care and any stock plans continuing but w/o pay.
Anyway , I guess its a case of mail lost somewhere as it was election season and the administration was removing the sorting machines. You will be fine, don't worry as EAD denial is almost unheard of unless you committed some major crime.
Sorry. I misunderstood you as a first time I485 applicant. You are talking about regular EAD/AP renewal. Strange that you have not received receipts after 75+ days. This is what I would do in the order of things;
- Call USCIS early AM (8AM not 11AM)
- Chat with Emma in the morning (have your A# ready),
- Email USCIS lockbox support immediately. and
- Contact Ombudsman.
1) and 2) can be done in parallel. It may take you multiple tries for 1 and 2 (Ghazni Mahmud and his 17 invasions).
If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).Quote:
If we have not responded to an email from your attorney or representative within 30 days of receiving your filing package, you may email us at lockboxsupport@uscis.dhs.gov and we will answer your email as soon as possible. Please include the form number, receipt number, petitioner and/or applicant name, and mailing address. Do not include Social Security numbers in emails.
Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.Quote:
If all actions taken above do not result in receiving a receipt notification on a pending application with USCIS, individuals may file a Case Assistance Form with the CIS Ombudsman?s Office who will reach out to USCIS for status updates for the application.
However, the last week of Oct 2020 has the biggest dump of applications (I485). So keep working to get a receipt notice first. Then as soon as you are eligible, open a SR for EAD/AP. Be prepared for the congressman route. Just keep on pushing. You are eligible for C9 automatic extension. However, I would like to get a clean approval and not go to DMV multiple times to renew DL. Good Luck.
Moved the Transit Visa posts to a new thread:
https://www.qesehmk.org/forums/showt...9282#post69282
Idliman and others who are active on this forum in helping others if you need moderator access to maintain this forum please let me know either here or through private message. Our general criteria is that the person should have at least 100 posts and a good reputation among the community.
I am debating whether to upgrade i140 downgrade application to premium..my priority date is May 25 2011.Just got receipts for eb3 downgrade i140,1485,i765 and i131.