2010,2011, part of 2012 are clearing bcause of Covid SO in FY 2021/FY2022
without it will take 10 yrs for 2010,10yrs for 2011 to clear, so on..
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2010,2011, part of 2012 are clearing bcause of Covid SO in FY 2021/FY2022
without it will take 10 yrs for 2010,10yrs for 2011 to clear, so on..
Thanks for the condescension. I gather you do NOT want people downgrading to EB3. Everyone will do what's best for them and your seething attitude is not going to stop them. I was EB2-I who downgraded in October and I have a leg to stand on here. I always welcomed upgrades from EB3 to EB2 (even to my detriment) as they freaking applied before me. EB1, EB2 or EB3 all are one and same for the most part. Not a lot of rocket scientists here... It's time we stopped treating our fellow brethren as our enemies.Quote:
Originally Posted by AceMan
I predicted that if we get 150,000-175,000 spill over for 2022 Eb2I will be biggest beneficiary if pandemic related restrictions are still present and how it can impact a December 2013 filer and how the thread questions will be after the October 2021.Quote:
Originally Posted by vsivarama
Just because you welcome other people to do something crazy does not mean that I should agree to that.
I am yet to receive the receipt number for AOS filings done from last week of Oct 2020 along with hundreds and hundreds of my colleagues. People are breaking their heads figuring when they would receive receipt numbers.Quote:
Originally Posted by usvisas
My law firm response is "As of last week, USCIS estimates there are still 415,000 cases which have not yet been receipted at the Dallas Lockbox center".
Good luck figuring why biometric appointments are not generated and when these hundreds of thousands of people are going to be greened :D
Yea, thats my point too. Though note that those 400K needs to be divided by 3 or something as they include different forms (I-485, I-765, I-131) for the same individual. Still massive, but I guess we'll know accurate number in a month or so.Quote:
Originally Posted by EB2IndSep09
Hi all, did anyone from TSC with PDs in 2010 receive RFE? I am only reading about folks from NSC on Trackitt. I haven't received a single RFE till date. Is this the case with others from TSC who filed in 2012? I am concerned that some of our files are just packed up somewhere in the dust.
Feb 2010 priority date application with TSC. No RFEs since our 2012 application. I changed jobs in 2012 (after 180 day mark) and filed AC21 notification. Supp J was not a thing at that time. I keep thinking whether I should just file Supp J now (without waiting for RFE) just to bump the file.Quote:
Originally Posted by redtogreen
Hi Guys - I have an AC21 related question:
- Lets say your i485 has been pending (waiting for FAD to be current) for more than 180 days in eb2 category and your PD becomes current in FAD chart in eb3 category. At that time, the employer can file a downgrade to eb3 by filing a new i140 with eb2 PERM. Can you change job right away after filing the downgrade and do ac21 porting with new employer in eb3 category or do you need to wait for eb3 i140 to be approved? (The reason to do this is to avoid the wait with previous employer for i140 approval, GC approval, post GC stay)
thank you!
I think you need to wait for new I140 to get approved. If your 140 is not approved, your eb3 485 petition will not be valid. You can do premium processing though(not sure how premium processing works in these cases though).Quote:
Originally Posted by bones20
Gurus, in this case, will the wait period of 180 day be applicable to eb3 petition as well i.e. stay with current employer for 180 days after EB3 I140/ 485 is filed concurrently. I am asking this as I am also planning to follow the same steps as bones20 .
- Premium for i140 can only be filed first time when you have a physical copy of PERM approval. It seems though you can request premium after receiving the receipt:Quote:
Originally Posted by old_monk
https://www.kamalalaw.com/process-to...ngrade-premium
- My use case is that the eb2 i485 has already been filed. My understanding is that for the downgrade, the only thing that needs to be filed is a new i140 for eb3 (no new/additional i485). Ref:
https://www.kamalalaw.com/process-to...th-485-pending
Quote:
A new approved I-140 under EB-3 category will be transferred to the service center where I-485 is currently pending and no new fee is required.
Hi All, excited to see predictions for EB2 2011 cases by end of FY2021. I have a tricky question: I am currently outside USA on a international assignment with the same employer (I have approved I140 with this employer). My original PD is April 2011. Now as I plan to return to US later in the year, I have two options 1) to move to location B (where I plan to settle down) and use EB1 ; 2) potentially go to location A where my PERM and I 140 were filed and use EB2. Considering I need a new H1B to come to US (which will be filed in next few weeks) and any change in location will trigger a amendment, was wondering if someone can guide me on which location to chose from. Additionally, EB1 C I 140 timelines are all over the place (6 months to a year and there is no AC21 without I 140 approval) so if EB2 becomes current I would prefer to use it (saves everyone some filing fees). Is it possible for my employer to file for I 485 even if I work from location B? I can work from location A as well once I get my EAD but want to avoid amendements.
Agreed. Do what's in your best interest and react to data as it becomes available. Everyone's situation is different and there's no need to judge them. Downgrade/Upgrade - do it when it is feasible and don't hold your career back for GC.Quote:
Originally Posted by vsivarama
As someone else pointed out, a few months of difference in 2009 PDs has been life changing for folks on either side of Apr 2009. Same goes for Apr 2010. After 10-20 years of wait even a few months extra can be really painful to some folks due to the stress built up over time while other folks are able to deal with it better.
Thanks, wasn't aware of these. I am in the same situation as you. Lets see what the future holds.Quote:
Originally Posted by bones20
I got an RFE on my I-485 and they asked the following -
1. Please submit an updated form G-325A.
2. Please submit an evidence of employment authorization since Jan of 2019. (Maybe because I had already submitted EADs till 2018 during 2018 RFE response)
3. Supplement J
4. Please submit a copy of the biographic page of your currently valid passport which clearly shows your photo and name.
5. I-693 medical report.
I only found deferred action G325A in USCIS website. Is there any other G325A available? I also see that it's no longer required for I-485 but not sure why USCIS is asking for it.
Congratulations on RFE. Are you in TSC or NSC? PD?Quote:
Originally Posted by bluelabel
You are correct. There is only one G-325A form. Aliens used to file G-325A and citizens used to file G-325 (for finance GC). In the last iteration USCIS merged I-485 and G-325A together into one form. However, older applicants are required to update G-325A every few years. So it is a harmless RFE. But make sure that you complete every field including the last residence outside of USA.
Thanks for the reply. It's NSC and my PD is 03/02/2010.
Hi all,
I am new to this forum, migrated here to give it a try from Trackitt. Was wondering what your predictions are for the end of this fiscal year. My priority date is EB-3 India April 2011
I agree completely. I have ranted on this topic before as well, but companies have been known to file the application in EB3 even when the job and the candidate were eligible for EB2, solely stating that its company policy to do so and no-one raised any eyebrows to that practice. Anyways the PERM is what validates the job, I-140 is just a formality. PERM with job qualified for EB1,the I-140 can be applied in any of the three categories.Quote:
Originally Posted by vsivarama
I have not downgraded my petition, but when i changed employers I had the option of EB2 or EB3 ( PERM job qualified for EB2), and I chose EB3, employer lawyers gave me that choice. I see nothing wrong in this and if required I don't see anything wrong if I have to upgrade my petition if my calculations are proven wrong.
Vilifying downgrades from EB2 is as obnoxious as vilifying EB3 -> EB2 upgrades
Congratulations ! Thats a good positive sign for EB2-I given that your PD is in 03/2010.Quote:
Originally Posted by bluelabel
My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)
I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.
Few missing points in your post. 140 is not a formality. There is no Perm for Eb1. Employment based category means employer has the full authority to decide what category you belong to based on the job you are performing and not necessarily your qualifications.Quote:
Originally Posted by inspired_p
In a normal scenario downgrades should not happen. It is happening because the people who did Eb2 originally did not qualify for it and now running and applying in regular category when originally they claimed to be exceptional Perm and the skills not available in US.
Eb3-2 upgrade applies with a new perm, Eb2-3 uses the old perm which has excluded people who could not match the exceptional skill requirement. Now when applying for Eb3 the rules are happily ignored to the extend that person who points these are obnoxious and condescending.
What you did is nothing wrong, you had an underlying perm for your Eb3.
So people instead of trying to find fault in my line of thinking, realize the pandemic induced embassy closures might result in 150,000-175,000 visas to Eb category in 2022 from October 21. Once Eb1 is current the biggest beneficiary is going to be Eb2I.
The last paragraph of your post is most interesting. While there may be spill over of about 150,000 - 175,000 visas to the EB category from the Family Based category, why do we assume that these will be issued? It is correct insofar that it may push the dates ahead due to statutory requirements, but what that additional flow means remains to be seen in outcomes. We already know the USCIS struggles to issue 140,000 regular EB based visas with many being wasted every year due to systemic inefficiencies and process factors that run the clock out. Now we're saying, yeah sure let's add another 150,000 visas to your pile to do what you already do not do.Quote:
Originally Posted by AceMan
My Background
PD: Apr 2011 in EB2, 15+ years of H1B life
Status: Filed for AOS, EAD, AP in Oct-2020 and rec'd receipt# by Nov-2020, currently waiting for Biometrics appointment notice
H4 Child: My son is in college (freshmen)
I have a question, need some consultation:
Assuming USCIS utilize available SO for FY-2021, we will get our GC this year. If not, then I have to downgrade to EB-3 in order to avoid my son's potential age-out issue (2.5 years left). Since my employer is not supporting downgrade, I am exploring options to change job after 180 days. Wondering whether my new employer can file I-140 in EB-3 directly, i.e. without filing a new PERM based on AC-21 rule.
Should'nt we consider the possiblity that USCIS is processing way less FB cases compared to a non Pandemic year and that might give them enough time to process all 150K visas?Quote:
Originally Posted by android09
Ace .. your insinuation above that EB2 applicants were not qualified and cheated on it because they want to downgrade now is obnoxious and condescending.Quote:
Originally Posted by AceMan
Guys if I may say something - people don't always mean what you and I interpret it to be. Our blog's philosophy is to treat all other immigrant groups with respect and never criticize any other immigrant group.
Just follow this yourself and forgive others if somebody says something - it could very well be unintentional.
The USCIS does not break this into rigid categories as you put it. From the USCIS standpoint it is like the following, If a person has demonstrated beyond shadow of doubt that he can compete and perform in 10K competitions (EB2 in this case), it is ridiculous on their part to ask these folks to prove that they have the stamina to compete in 5K competitions (EB3 in this case as it's usually a subset of eb2 requirements). So you can use the same perm to downgrade. Just because someone has participated in 5K competitions does NOT mean that their initial claim of being able to complete in 10K meets are now fraudulent.Quote:
Originally Posted by AceMan
I agree that EB2I may benefit from future spillovers if EB1 is current. But for most of the people, a bird in hand is better than two in the bush. Are you willing to let go of the ability to file 485 in hopes of a potential windfall in the future for EB2?
When i say I-140 is formality I meant this .... Job validation done at the time of PERM. and it qualifies for say EB2 category ( till now I thought PERM waiver was only for National interest waiver EB1s basically self petition and companies had to file PERM for EB1 applications as well) .I-140 can be filed at any category at or below the bar.Quote:
Originally Posted by AceMan
Companies have done so repeatedly under "Company policy".
No Rules are ignored when person files for EB3 based on the PERM that was used for EB2 approval.
As you rightly said EB3->EB2 upgrade will require another PERM ONLY IF the initial PERM was specific to EB3 job. In my case in point, I have confirmed that the PERM filed for me qualifies for EB2, so I will not need a new PERM for EB2 upgrade either.
Expecting people to stay in the buckets when there are no such buckets in law/rule is what I am trying point out here.
If you submit a Supp J right now, you will get a RFE in 2-3 months time. That will be the usual one for G-325A, I-693 and maybe employment authorization if you had used EAD. Once you complete that process, your file should be current ready for approval for a period of 2 years from I-693 signature date. We cannot predict what's going to happen in the future: Say JB admin cancels requirement of I-693 for every 2 years OR the processing delays due to rush of new I485 applications. However your thinking is not bad.Quote:
Originally Posted by phkb2020
Also the 10K and 5K category is tied to the PERM filed and not the I140 filed.Quote:
Originally Posted by vsivarama
I stand corrected, Thanks for pointing that one out.Quote:
Originally Posted by inspired_p
Welcome. The fact that USCIS opened up the DF till 2015 shows that they originally expected everyone upto that date to be current before Oct 2021. However, how they are going to do it is not sure. Past trends indicate they will start advancing dates from say May 2021 bulletin or so. How many GCs could they process in 5 months? Do they give up (like the past admin) and refuse to move the dates citing lack of capacity for processing and issuing GCs? No one knows. There are a bunch of folks who filed in 2012 waiting for the PDs to clear 2009 for the past 9 years. All we can wish for is USCIS using and issuing as much GCs as permitted by law. So lately the prediction part of this forum is quiet because the past admin found thousand excuses to systematically delay and deny issuing of GCs.Quote:
Originally Posted by jackryan041815
You can also try whereismygc.com to see how their model is working for your PD. Prediction math is a number game. However, it all depends on the intent of the admin and the agencies to provide immigration benefits to as many people as allowed by law.
This can very well be the case.Quote:
Originally Posted by AceMan
EB2-I can very well shoot past EB3-I in FADs , and hence I personally will be keeping an eye out on FADs and will exercise the right to file a separate EB2 with the existing PERM if absolutely required.
People who downgraded to EB3 from EB2 anyways have both Eb2 and EB3 applications to choose from, if EB2 FAD are favorable than EB3 FAD.
And all power to them.
If the highlighted text is what you felt most related from what I posted, I can't help it.Quote:
Originally Posted by tenyearsgone
I think you are still not fully understanding what I said. People are upgrading and downgrading. If you look at October 2018 filers, almost all the people who downgraded are Eb2 filers who upgraded from Eb3 after 2012. IF they had upgraded before 2011 they would have been able to adjust the status in 2012 itself. For the people who are comparing the perms to 10K and 5K analogy, I have better one. You are paying for 2 buffets and 1 set of buffet is getting wasted. You are using up a valuable resource, when you can do without it. It is not just the rules I am talking about. Once you downgrade you try and apply for premium when it is explicitly not allowed. Now some lawyers found the loop hole and figured out if it goes to the same service center they might accept it. This made sure that all the people started applying for premium and use up the resources when they should not be.Quote:
Originally Posted by inspired_p
Eb2-3 downgrade is not against the rule, it is the follow up actions.
And the same person is magically going to try and qualify back in EB2 when that dates move forward. I absolutely respect these people for their tenacity. But that does not change the fact that they are aayarams and gayarams.
If you think Eb3 is a subset of EB2 why do they even keep it separate? I understand that you want getting into 485 queue and having an EAD and using AP is much better than being on H1. I respect that it is a common sense thing to do. Most probably you think I would have also done it. However if the scenario for new round of spill over happens from family and Eb2 I is the beneficiary can you honestly say that you will stay back in EB3 or will you try and attempt to get to Eb2 (with the same bird story!!!)Quote:
Originally Posted by vsivarama
If you did not do it, I can assure you 95% of the people who downgraded are going to try that. You will still ask what is the problem with that? I would still say those guys are using up the USCIS resources for stuff which should not have been wasted if they had stayed put in the first place.
Are you sure with that? May be you want to check the difference between an amended and a new petition.Quote:
Originally Posted by inspired_p
If this situation comes I would keep both the birds in hand and leave none in bush!! Keepin' all my birds in a row... :)Quote:
Originally Posted by AceMan
Just out of curiosity, how many of Eb2I 2012 filers with priority dates between July 09 and May 2010 downgraded to EB3 when EB3 FAD dates moved past EB2?
I for one have stayed put. Folks in my friend circle have stayed put. Any folks in the forum who have downgraded?
During PERM process, you eliminated all americans who could do 5k saying that this job needs 10k and got labor cert for this immigrant, and now you are saying that this job infact only needs to run 5k, entire labor cert is invalid if you see this way.Quote:
Originally Posted by vsivarama