My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?
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My EB3 downgrade petition delivered on 10/29 at Texas lockbox; yet to get Receipt notice but checks got cashed yesterday 1/29... hurray!
Question I have is, does the 140 approval needed for EAD and AP approval?
No, EAD and AP are related to AOS (i-485) application. I-140 has no direct bearing on them. If however i-140 is denied for some reason, then i-485 is rejected as a result and thus voiding EAD and AP. So in short they can approve EAD and AP when i140 is still pending.Quote:
Originally Posted by 08jul11
Thank you vsivarama.Quote:
Originally Posted by vsivarama
Hello.... have you got any further updates on your EAD/AP?Quote:
Originally Posted by bangaloreboy
No, it has remained on "Fingerprint Fee Was Received" status since the day notice was generatedQuote:
Originally Posted by 08jul11
I am in the same status since December 1st week.Quote:
Originally Posted by bangaloreboy
Guys any idea how much % of 2010 EB2/EB3 are in fallout scenario either they moved backt to India for Good or to other countries, lost hopes and left or upgraded to EB1 and no longer in EB2/EB3.
out of 22K, I-140 Approvals for both EB2/EB3 can we say 15%
With delays in confirming DHS secretary I am not sure if there will be any good movement in the March Bulletin . (https://www.cnn.com/2021/02/01/polit...hip/index.html)
Looks like its without direction and they may just continue with the Trump Admin policy to just stall. Unless the incoming secretary decides to start applying the SO immediately, there is no way they can issue 120K extra GCs in the last quarter . The only way out is to suspend GC interviews for EB categories. Even with that it is 40K extra GCs a month ! Has that ever been done in the past ?
Your article also says that there is a confirmation vote scheduled for tomorrow and the postponement is due to the winter storm. So what's the real issue here? Am I missing anything?Quote:
Originally Posted by Moveon
The confirmation should have happened a week ago but then the republicans opposed it due to the border wall issue (Dems will not fund it). It will take time for him to get to employment visa issues as right now the focus of the admin is to get the "undocumented" folks Green cards. I am really doubtful if he will ever get to EB cases for this bulletin.Quote:
Originally Posted by Zenzone
While I have my PD in December and stand a very good chance of getting the GC this fiscal , I would want every GC to be issued as those in 2010-11 deserve to get one this fiscal . Its criminal to waste GCs . From what I read 18800 GCs went waste last year .
The outlook was USCIS would be short by 25000, looks like they could issue about 138,000 visa's. Considering the pandemic related office closures, it was a decent enough effort.Quote:
Originally Posted by Moveon
Now the Secretary is not going to personally cross the t's and dot the i's of individual application forms. Whoever comes in will do the job he has to do.
We have enough people among ourselves who continuously apply for Premium 140's when the law states they cannot do premium without the original perm. It is a back door option being used up. With finite resources some body else will be impacted with these actions. Couple of years back there was a rule making in progress to stop concurrent filing, but it is not going to happen anymore.
Yes, I recall the discussions back in 2010's when EB3 was referred as unskilled visa's by the EB2 experts. So love to remind every single Eb2 person who has downgraded that they really should have been in Eb3 to start with. Nothing malicious but just light hearted taunting like one prisoner to another one.
Does anyone have stats on what % of cases get called for an interview for EB cases? Has it been close to 100% since the change in process starting 2017?
Yes. This had been close to 100% from 2017 till Covid hit. After which we have been seeing some cases where interview was wavered.Quote:
Originally Posted by Palver
regarding horizontal spillover. it looks like USCIS has been evenly distributing the unused visas from ROW equally to all backlogged countries (rather that putting everything to most backlogged). This will likely not help EBI, but still we should see a substancial horizontal spillover sometime this FY.
Rabp77 , I understand that interview is waived for those who applied for AOS before 2017? So most EB-I cases would be exempt if that is the case rightQuote:
Originally Posted by rabp77
They have put all the numbers to clear Eb1 first as it should be according to the law. Both India and China have the same PD 1st Jan 20. It is expected to move 6 months in the next bulletins and current by April 21 bulletin. Once Eb1 is cleared the spill over numbers is expected to come over to EB2 I and give it much awaited push. 2-3 months of some rapid movement might get it to May 2010 by the end of 3rd quarter. Then in July 2021 the one year advancement of the final date for EB3 I, while Eb2 gets a decent push as well because it is getting both vertical and horizontal spill overs.Quote:
Originally Posted by rabp77
They may have given out numbers for EB1, but USCIS definitely has not approved EB1s overwhelmingly based on trackitt data for the last 4 months.Quote:
Originally Posted by AceMan
EB2: 101
EB3 = 124
EB1 = 62
(Unless, EB1 guys have enmasse moved away from trackitt to telegram)
https://www.trackitt.com/usa-immigra...ackers/i485-eb
Not doubting you, but could you please point me towards this law? As far as I know, EB1 only gets first dibs on rollups of EB4 and EB5 spillover. The family spillover has been distributed evenly according to respective EB quotas and horizontal spillovers should be applied at the same time across all categories.Quote:
Originally Posted by AceMan
https://travel.state.gov/content/dam...its-FY2021.pdf
But, I won't be surprised if what you are predicting happens. It is baffling that EB1I seems to have gotten the benefit of horizontal spillovers being applied in Q1 & Q2 while EB2 and EB3 languish forever and hope and pray for max utilization in Q4.
is anyone renewed their EAD card recently? I got my EAD in 2012( EB2 Feb filing), and ever since the USCIS issued two years combo card, but this time they approved for one-year. is this new normal now?
We applied in May, approved in August after RFE for pics, got only one year approval. Friend and his spouse applied in Sept, approved in Nov end, one got one year EAD and another 2 year !Quote:
Originally Posted by kumareb2
Usually, USCIS gave out 1 year renewals if they expected your dates to become current soon or were current when you applied. This year it seems to be all over the place.
Once EB3I moves 1 yr or so FAD might again get 6months push when 2022 fy so is applied.. by all mesns by fy 2022 eb3 will clear entire 2011. Eb2 will clear 2011 june.Quote:
Originally Posted by AceMan
Our RD was 15APR2020 and got approved around end of Aug 2020 (4.5 months). Myself and spouse both got 2 year approval. I had always asked for a 2 year approval in the cover letter and used "C09P". Don't know how how much it helps to bring to the attention of the AO that you are requesting a 2 year validity. But has not failed us yet.Quote:
Originally Posted by kumareb2
I did renew in Aug 2020 and got it for 2 years. It's possible your PD could get current in next few months as i am seeing so many RFEs reported in Trackitt on I-485 for 2010 PDs. I too received a text yesterday for RFE on I-485 with 03/02/2010 PD.Quote:
Originally Posted by kumareb2
The rule is same for all categories. 7% allocation max for a country. However for Eb1 Row, it was current early in 2020 followed by closure due to pandemic resulting in windfall for Eb1 India. Eb2 and 3 had residual demands from ROW which is not letting for expanded allocation for India in both these categories while Eb1 India got exempted due to lack of demand from ROW there.Quote:
Originally Posted by phkb2020
These are just logical deductions based on past actions and rule interpretation of how the spillover has to be applied. So it is a logical hope that Eb1 india gets current by 3rd quarter, and Eb2 I starts getting the numbers that can push it forward in 2021.
I got the RFE for medicals, SUPJ & Bio info, and my priority date is Dec 16, 2009Quote:
Originally Posted by bluelabel
I am hoping we all become current next month.I submitted my I485 /I485J first time in october 2020.Quote:
Originally Posted by kumareb2
My PD is dec 24th 2009.My Dependent got RFE on jan29th not sure what it is, we just submitted medicals in last 4 months.
Hello Friends, I need your suggestion on my situation. I am on EAD, EB2 - Feb 2010 priority date. I recently got an RFE for SupJ and Medicals. My SUPJ was submitted in 2018 when I changed employers which was approved in 2019. Due to COVID restrictions, I opted for remote work which probably triggered SUPJ RFE. In this case, should I submit a new SUPJ or provide an explanation that no changes happened with my employment conditions or work locations (as my home and work are in the same geographic area, same county, etc). I would prefer to be safe and submit a new SUPJ but just wanted to check if anyone is or was in the same boat. My attorney is looking into it as well... Appreciate your help.Quote:
Originally Posted by 19YRSNOGC
Hi Guys - I have one GC related questions (PD: 04/29/2010, Category: Eb2, i485 filing date: 10/28/2020, EAD/AP: Awaiting finger print notice):
- Can I leave my current employer right away after the "safe harbor" period (180 days post receipt date) begins without waiting for EAD/AP to come along? Will my new employer be able to file EAD/AP along with i485j?
thanks you!
New ask for Supplement J may have nothing to do with your work from home option. Now a days whole world is doing remote work anyway. It is just a confirmation that USCIS requires in preparation of advancing the dates to make sure you still are employed bonafide as is mentioned by your job description. Go ahead and submit new supplement J and not worry about anything else.Quote:
Originally Posted by smac1982
If it is not really urgent, I would wait for receiving approved EAD before switching the job.Quote:
Originally Posted by bones20
You need some work authorization before you can start working with the new employer. How will you join the new employer without having an EAD or a H1 transfer? Filing a I-485 only puts you in a pending status so that you don't accrue unlawful presence, but you still need either EAD or a H1 I-94 to work for another employer.Quote:
Originally Posted by bones20
join with h1bQuote:
Originally Posted by Turbulent_Dragonfly
Looks like you are not a downgrade candidate so assuming your i140 was approved ages ago. Yes, you can safely move after 180 days on a H1 transfer. Your new employer will have to file i485J. EAD and AP are tied to you and your i485 petition and not your employer (unlike a H1b) . Your new employer does not need to refile your EAD and AP if you have already filed them.Quote:
Originally Posted by bones20
thank you!Quote:
Originally Posted by vsivarama
First make sure that you save copies of your PERM, I-485 receipt notice (i.e., Willy Wonka Golden Ticket) and I-140 (optional). Also get the copies your I-765/I-131 for later use. The PERM (SOC code and job description) will be of great help when you do AC21.Quote:
Originally Posted by bones20
Count 180 days from received date and then initiate your H1B transfer. While getting the job offer / negotiations tell your future employer that they also need to do a AC21 / Supp J while doing the H1B transfer. My guess is you will get your EAD/AP within the 180 day period. Even if you transfer, EAD/AP is provided on the basis of a Pending I485. As long as I485 is pending you will get your EAD/AP. But if they are doing H1 transfer then no harm in staying with H1 status.
- Initial EAD/AP typically has a validity period of only 1 year. You can renew it 180 days in advance. Assuming that you get your EAD/AP around the 150+ days mark, then the new employer cannot apply for renewal immediately. You can do it yourself following the guidelines in our EAD/AP forum.
- If the expiry of the EAD/AP is within 180 days, then the new employer can file. I485 Supp J will get its own receipt number and approval. It helps to have a copy of your PERM.
Good Luck.
So far, I have had 3 perms filed with 3 different companies. None of these companies have ever shared Perm filings with me - all great, immigration friendly fortune 500 companies.Quote:
Originally Posted by idliman
You have to sign in the PERM. So they should have provided you a copy, Right? Without that I would assume that your PERM matches your H1B SOC and job title. Our company setup has 99% citizens with some H1B's (lower single digits). So most of the time, we end up telling our HR what to do. But in IT space, I can guess that employers are very protective.Quote:
Originally Posted by bones20
I am thinking ahead about how you are going to address the issue when you file AC21 job portability. AC21 needs a justification that the new job is in the "same or similar" category. I have seen people post that the new law firm has requested the files from old law firm. Not sure whether they will share PERM pages concerning a) SOC b) Job Title and c) Job Description. All I am thinking about is how to make your case successful with the best of available info.
Maybe others can give you a better idea of how to handle this in a diplomatic way.
Update: I looked at my ETA-9089 Form. It has section "L" alien declaration. So, you are eligible to get a copy of that form. Without looking at its contents how will you sign the firm?
You can apply a FOIA request (Freedom of Information Act) with USCIS. You can request them to send you the most recent copy of PERM and I140. It takes about 6-8 weeks for them to provide you with electronic copies. So I would recommend you create your service request ASAP. That's how I got my copies of PERM and i-140.Quote:
Originally Posted by bones20
https://www.uscis.gov/records/reques...or-privacy-act
thank you!Quote:
Originally Posted by vsivarama
thank you!Quote:
Originally Posted by idliman