EB2-3 Predictions (Rather Calculations)

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Originally Posted by AceMan

From 2010-2017 I have followed the EB3 specific numbers which can be verified in DHS statistics as well as the Immigration year book. EB3 had a shortage of about 17,000 for these years, however those numbers were used by other EB categories so it ends up as a zero sum game which prompts you to say no wastage. Those EB3 numbers were a loss for EB3 India applicants. Now you may say they were compensated by upgrading to EB2.

Let us look at October 2018 when the first instance of reverse usage came into prominence. For FY 2019 EB3 I got more than 5000 visas however the dates moved back mid year.

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If everyone stayed put in their queues over the last decade, EB2 may had been in 2011 or 2012 and EB3 would have been in 2007-2008 range. Now both are moving a few months apart. So it depends on the perspective if you want to call it wastage.

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Originally Posted by AceMan

2020 is a one of the kind year with covid and we got only about 138 K for entire EB category when it was supposed to get 156 K. Any loss of visa when people are waiting directly impacts the backlogged people.

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I 100% agree with you here.

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Originally Posted by AceMan

A person will downgrade their petition citing USCIS accepts it, valid case itself, now what do you have to say about that person pushing the 140 petition to premium when dates are not even current, and that is clearly forbidden by the law, but people still do it because of some loop hole?

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I certainly do not know about loopholes here so will not comment on them. If it is forbidden by law USCIS should reject premium processing, period. If they are accepting it then I would say it's either legit or that's how they interpreted the law.

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Originally Posted by LeoAugust

If the child get a EAD based on the AOS filled on filling date, wont he be protected? Just wish to know

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No. EAD is just a biproduct of pending AOS. Once they age out their AOS is rejected, EAD is invalidated, unless FAD is current before age out.

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Originally Posted by Transformer

No. EAD is just a biproduct of pending AOS. Once they age out their AOS is rejected, EAD is invalidated, unless FAD is current before age out.

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Oh... that's scary. I did not know that. I thought age locked once child has EAD. This is serious. Many of the folk's child aging out is not aware of this it seems.

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Originally Posted by incredible

Thank you for your quick reply. It is strangely great feeling of relief mixed with anxiety. Great feeling for potentially getting greened in the coming months. Anxiety on new company discussions, etc. Anyways, I will wait and see what is in there and also wait for other experts comments.

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Seems USCIS is working in overdrive suddenly. Supplement J that I have applied back in 2020 Jan and was pending for long time, suddenly got approved today. This makes me believe that the RFE (not yet received the documents) may only be related to medicals. There may be a good chance of dates advancing to early 2010 (FAD) very soon for EB2 based on sudden activities that we are seeing.

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Originally Posted by vsivarama

If everyone stayed put in their queues over the last decade, EB2 may had been in 2011 or 2012 and EB3 would have been in 2007-2008 range. Now both are moving a few months apart. So it depends on the perspective if you want to call it wastage.

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The spill over works with EB1,EB2 and Eb3. People grow up in the career and EB3-2 is natural progression. Eb2 has 320,000 applicants and Eb3 has 69,000 applicants. You don't grow downwards in your skill unless you change a job or apply for a new position.

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I certainly do not know about loopholes here so will not comment on them. If it is forbidden by law USCIS should reject premium processing, period. If they are accepting it then I would say it's either legit or that's how they interpreted the law.

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Since you are comfortable with analogies I will give you an example. There are items available at display in Walmart and may other places. People "accidentally" keep that items in the bag and they walk out. When caught they feign innocence. I have seen lot of people trivializing shop lifting when it is a very serious offense which can lead to a GC denial.

USCIS rule book says premium processing not allowed when the original PERM is not attached. Premium process is the ability to use a resource for working on an item which requires immediate assistance and this limited resource is used for something which should not be even applied in the first place.

You wanted to know earlier that downgrades are not a reason for delay. I can say that after more than 100 days of applying my status is still finger print received which is the status for a vast majority of applicants. With no applicants from around the world what else do you think is the reason for it?

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Originally Posted by incredible

Seems USCIS is working in overdrive suddenly. Supplement J that I have applied back in 2020 Jan and was pending for long time, suddenly got approved today. This makes me believe that the RFE (not yet received the documents) may only be related to medicals. There may be a good chance of dates advancing to early 2010 (FAD) very soon for EB2 based on sudden activities that we are seeing.

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Just an FYI. There are lot of folks like me who got current five months ago and have not received any RFE.

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Originally Posted by AceMan

The spill over works with EB1,EB2 and Eb3. People grow up in the career and EB3-2 is natural progression. Eb2 has 320,000 applicants and Eb3 has 69,000 applicants. You don't grow downwards in your skill unless you change a job or apply for a new position.

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I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.

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Originally Posted by AceMan

Since you are comfortable with analogies I will give you an example. There are items available at display in Walmart and may other places. People "accidentally" keep that items in the bag and they walk out. When caught they feign innocence. I have seen lot of people trivializing shop lifting when it is a very serious offense which can lead to a GC denial.

USCIS rule book says premium processing not allowed when the original PERM is not attached. Premium process is the ability to use a resource for working on an item which requires immediate assistance and this limited resource is used for something which should not be even applied in the first place.

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I do not know what point you are trying to make here. It looks like an apples to oranges comparison to me. If the law says you are not allowed to buy beer under the age of 21, then if you are caught not having paid for it you do NOT get the option to pay for it and leave (if you are a minor). USCIS is under NO OBLIGATION to premium process an application if it is against the law (If it's a grey area then it's a different issue). Not sure how much more clear I can be on this. You can try and premium process your 485 or EAD and see what the USCIS has to say about it.

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Originally Posted by AceMan

You wanted to know earlier that downgrades are not a reason for delay. I can say that after more than 100 days of applying my status is still finger print received which is the status for a vast majority of applicants. With no applicants from around the world what else do you think is the reason for it?

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You can read my previous statements, I said we had not seen visa wastage as a result of upgrades in last decade. I did acknowledge there will be delays and confusion. As for your inconvenience, I do apologize for having the temerity to downgrade my case. I should have known better.

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Originally Posted by vsivarama

......... If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. ...........

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When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

Hello Guru's,

I have approved H1B(valid till 2023) with my current employer and I have approved EAD/AP through Adjustment of status. If I want to switch from H1 B status to EAD what should my employer do ? Need to update I-9 ? How does USCIS know what is my current visa status ? H1B vs Pending 485?

My wife is working on H4 EAD which is valid for another two years and now her GC EAD also approved . Is she need to inform her employer with GC EAD details or her H4 EAD still fine?

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Originally Posted by monsieur

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

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Well I have seen many people move from IC roles to Managerial roles but all stayed in EB-2 and some used that to move from EB-3 to EB-2 . I filed EB-2 back in 2009 as an IC and got my EAD in 2012. I then took up a senior manager role at my previous and current company with Fragoman and BAL as the lawyers. I still have 75% of my duties as that of an architect but do manage a team of ~10 . I did not have to downgrade or file a new petition . Both the law firms said that it was a natural progression and as the Technical role was still maintained it was not a problem.
Did you have to file a new petition when you moved to a managerial position ? Were the job duties completely different .

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Originally Posted by monsieur

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

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Your case combined with mine gives complete clarity that job description and qualification/experience on the PERM determines if EB2/ EB2 "can" be applied. in which eligible category the I-140 is applied is moot and the rules/law no say about it either ways. People just like to play "Us Vs Them".
I repeat again … I know many companies who only file in EB3 as it is their "policy" no matter what the job actually qualified for.

We can always debate if it is helpful for individual or to the entire waiting community to jump from EB2 to EB3 or vice vers. But I find it obnoxious when legality/morality is getting questioned with some notion that is not based on facts.

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Originally Posted by monsieur

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

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Thank You, for so eloquently making the point for me. That's exactly how I should have said it. I would say a lot of folks in this forum would even qualify for EB1C if the 1 year, work (manage people) outside of US qualification was not there. Even the lawyers with their interpretation could bump up or down your eligibility.

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Originally Posted by vsivarama

I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.



I do not know what point you are trying to make here. It looks like an apples to oranges comparison to me. If the law says you are not allowed to buy beer under the age of 21, then if you are caught not having paid for it you do NOT get the option to pay for it and leave (if you are a minor). USCIS is under NO OBLIGATION to premium process an application if it is against the law (If it's a grey area then it's a different issue). Not sure how much more clear I can be on this. You can try and premium process your 485 or EAD and see what the USCIS has to say about it.



You can read my previous statements, I said we had not seen visa wastage as a result of upgrades in last decade. I did acknowledge there will be delays and confusion. As for your inconvenience, I do apologize for having the temerity to downgrade my case. I should have known better.

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The premium process I am talking about is for 140. But again you can wake up a person who is sleeping, you cannot if one is pretending to sleep.

I will agree to the part this discussion has run its course and it is up to the individual to decide if a change in category can help them or not. I respect the fact that you are a fellow immigrant who believes what you did is right, I am another immigrant who has very strong opinions on people who downgrade.

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Originally Posted by monsieur

When I 1st applied for GC, I had BE + MS + 4.5 years of experience. It was Sr Engineer role and Fragomen deemed me as EB2 category back in 2010. Since then I moved 2 jobs, went upto Principal Engieer role and all my employer used Fragomen and filed it in EB-2.

But I switched job again in late 2019 and took Dev Mgr role. New firm is in cloud services and Fragomen is their immi team. Fragomen told me as Individual Contributer engineer role, yes I am eligible for EB2 but based on job description given by my employer to them, S/W Dev Mgr role is deemed as EB-3 role. Even thou I am managing team of well experienced engineers my own case is filed as EB3 awaiting perm approval.

TLDR - Not all EB3 cases after 10 yrs failed to show natural progression :)

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Very good point. What people who are using your post to justify downgrade is missing the fundamental fact that you have changed jobs.

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Originally Posted by vsivarama

I have already made the case as to how USCIS looks at it. No one is saying they grow downwards (you could make that case only if a different PERM was required). If in fact USCIS ran with your logic, they could kick everyone out of EB3 who have been waiting for a decade as they failed to show natural progression for over a decade. I will not engage further on this since nothing I say will change your opinion on people who downgraded. It does not really matter if someone thinks I am fraudulent, my conscience is clear.

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Vsivarama,

I support your viewpoint on this. You did the right thing by downgrading. Securing EAD/AP for you and your family is worth its weight in gold (It's not that heavy anyways! :D). One should do anything possible, upgrade/downgrade to get in the AOS status.

If one already has an EAD/AP, then should he/she downgrade? I say "Yes", particularly if your employer is paying and if it means you can get your GC 6-7 months earlier. What do you have to lose? We are nobody to judge morality of it. Let the USCIS worry about that.

Coming back to predictions. Here's whats Feb 2021 Visa Bulletin says about potential monthly movement.

EMPLOYMENT-based categories (potential monthly movement)
EB1 - India: Up to six months
EB2 - India: Up to two weeks
EB3 - India: Up to three weeks

So the best case scenarios for FA dates in Mar 2021 VB are
EB1I - 01JUL20
EB2I - 26OCT09
EB3I - 22APR10

In reality the actual movements will be lower than what's stated in past VB.

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Originally Posted by gc2021

Hello Guru's,

I have approved H1B(valid till 2023) with my current employer and I have approved EAD/AP through Adjustment of status. If I want to switch from H1 B status to EAD what should my employer do ? Need to update I-9 ? How does USCIS know what is my current visa status ? H1B vs Pending 485?

My wife is working on H4 EAD which is valid for another two years and now her GC EAD also approved . Is she need to inform her employer with GC EAD details or her H4 EAD still fine?

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Welcome to this forum.

Is there a reason why you want to switch to EAD when you have a valid H1B status? H1B status has its own advantage. Your employer will complete a I-9 and submit or if you use AP to reenter the country, you will automatically go to "AOS Pending" or "DA" status. I would recommend you to stay in H1B and later on when you travel you will automatically go to "DA" status.

For your spouse, it is a good idea to move to GC EAD instead of H4 EAD. H4 EAD is based on a rule that can be cancelled any time (DT admin tried to cancel it). GC EAD is based on a law and it cannot be cancelled that easily. Your spouse can stay on "AOS Pending" and you can stay on H1B. The beauty is there is no USCIS fee to renew EAD/AP with I485 pending. See details in EAD/AP thread.

If you use EAD/AP, your wife will also move to "AOS Pending" status and will have to fill a new I-9. However, if she moves to "AOS Pending", you still stay with current status. Hope this helps.

AC21/Porting/CSPA Protection (hypothetical scenario)


PD: May/2011
Previous Employer filed I-140 EB2 (PD May/2011)
Current Employer Filed EB3 (PD ported)
Employee filed AOS (Oct/2020) based on I-485J provided by Current Employer (EB3) . Employee should get EAD before May-2020

Question:
IF FAD for EB2 moves to May/2011 at end of FY2021 (While FAD EB3 does not move to May/2011)

Can employee go back to previous employer under AC21 start working on EAD and then request to USCIS to Transfer of Underlying Basis to adjudicate AOS case under EB2 FAD ? ie .. 485J from previous employer

Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job :)
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.



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Originally Posted by RVSree

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.

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@Moveon - Did you have to file a new petition when you moved to a managerial position ?

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Yes, Its a new job so started from scratch i.e Perm + I-140. I am still waiting for perm to be approved before I can file I-140.

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@inspired_p - job description and qualification/experience on the PERM determines if EB2/ EB2 "can" be applied.

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This is absolutely correct. Its always Job Description AND Qualification of candidate which determines EB category. It can’t be just one. We always get carried away with qualification of candidate without giving thought about Job Description.

@vsivarama - Hehe so true my Internet friend; I do have lawyer certificate which gives me property rights on moon so yeah I agree that if they want they can make any person as EB-1 candidate.

@Aceman - Buddy your frustration is USCIS is progressing slowly. Thats an agency problem, reason is whether lack of funding, political agenda or genuine surge of immigration in USA (legal, illegal both) is bringing to its knees. Keep in mind, apart from EB GC, they are responsible for ALL Visa category which is much much bigger workload. Agency needs overhaul in terms of rules and regulation but most imp in attitude. Maybe they are immigrant friendly but us (EB-I) don’t see it coz of sheer number of us waiting for GC.

I know one thing, if we all can apply to EB1 or EB5 GC and get it next month we will do it in blink of an eye. I firmly believe that all of active users whose dates are in mid-2011 will be greened by this year end or max 2022. If this doesn't happen, Spec will share data to show where those GC number are allotted.

In a complicated scenario like yourself with uncertainties, try to break into simpler things first.

AOS Pending Status: It is where you have an I-485 receipt number. By itself, a) it does not allow you to work and b) it does not allow you to reenter the country. There is no requirement of work.

AOS Pending + EAD: EAD allows you to work when you are in AOS pending status.

AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more info.

AC21 or INA Section 204(j): It grants you ?job portability? after 180 days of pending I485 from ?Received Date? on I485 form I797 receipt notice.

I485 Supplement J: First understand that I485 / GC is for a future job that is stated on PERM. The first time you file I485, Supp J is for confirmation of Bona Fide Job Offer. After 180 days if you send Supp J it is a request for Job Portability Under INA Section 204(j) / AC21.

The moment you talk about AC21, the first rule is no matter what you have to meet the 180 day requirement. After 180 days, you are a "free agent" and you can go and work for any employer as long as the job is in ?same or similar? category. It goes without saying that you need to have an EAD to work in AOS Pending status.

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Originally Posted by gthbvf

AC21/Porting/CSPA Protection (hypothetical scenario)
Question: Can employee go back to previous employer under AC21 start working on EAD and then request to USCIS to Transfer of Underlying Basis to adjudicate AOS case under EB2 FAD ? ie .. 485J from previous employer

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You are correct. After 180 days, you will use AC21 and port to previous employer and then request USCIS for ?Transfer of Underlying Basis? a.k.a Interfiling. You can move from EB2 to EB3 and vice versa as you have two sets of PERM+I-140 approved by two different employers. See Murthy article on this for more details / fine print.

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Originally Posted by gthbvf

AC21/Porting/CSPA Protection (hypothetical scenario)
Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job :)
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.

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Yes you are correct. That?s why I recommend my friends who are facing age-out type scenario to maintain an EB2 and EB3 I140. Whichever queue becomes ?FA? current first, you can Interfile and lock the child?s age.

Hope this helps.

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Originally Posted by gthbvf

AC21/Porting/CSPA Protection (hypothetical scenario)


PD: May/2011

Question:
IF FAD for EB2 moves to May/2011 at end of FY2021 (While FAD EB3 does not move to May/2011)

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What makes you think this will happen i.e EB2 will reach May-2011 before EB-3?? Currently EB-3 is Apr-2010 and EB-2 is still in 2009.

https://www.uscis.gov/sites/default/...ry_FY09_19.pdf My go to report as there is no way one person can go back in time and get their I-140 approved. Based on it there are total of 15K EB2+ 7K EB3 (total-22k) approved I-140 in 2010 and 30K total (22k - EB2, 8K EB3) in 2011.

Rough behind the napkin number says there are 60K folks (22k * 2 from 2010 + 15K * 2 from 2011; subtract 14K for folks with both partner I-140 + folks who upgraded to EB1) ahead of you. Keep an tab how many total EB2 and EB3 GC approved for India category in given year.

As you might have read discussion in this page, EB2 and EB3 category differentiation is no longer valid after 10 yrs. Folks move and their new petition get changed. EB2 and EB3 will go hand in hand. Things are too far, don't get stressed abt stuff which you can't control.

Folks - I am trying to find current 485J supplement form on USCIS site. Found this one but it seems to have expired in Oct 2020. Can I still use it?

https://www.uscis.gov/i-485supj

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Originally Posted by idliman

AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more info.

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Idliman,

I have a question about "AOS Pending + AP" scenario you have outlined above. I recently got my H1-B approved. I have also applied for AP (because last time USCIS gave me separate 2 year EAD and one year AP document). I am not sure how long it will take for USCIS to approve my AP. So, the question is...if I don't receive the AP in time and I have to travel for an emergency, I can take the H1-B visa appointment in India and leave the US without AP without jeopardizing my I485 application....right or wrong? And the second question...if for some reason the visa stamping gets declined in India, then I will be without any status and thus will jeopardize my I 485 application, and possibly won't be able to return to the US...right?

As such, I don't anticipate any issues with visa stamping, but just want to make sure that all the bases are covered and I am not overlooking any unforeseen scenario.

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Originally Posted by vedu

Idliman,

I have a question about "AOS Pending + AP" scenario you have outlined above. I recently got my H1-B approved. I have also applied for AP (because last time USCIS gave me separate 2 year EAD and one year AP document). I am not sure how long it will take for USCIS to approve my AP. So, the question is...if I don't receive the AP in time and I have to travel for an emergency, I can take the H1-B visa appointment in India and leave the US without AP without jeopardizing my I485 application....right or wrong?

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Yes. But the catch is you have to be in H1B status at the time of departure to return back in H1B status. This will not abandon your I-485 application. This means that you need to be eligible for H1B and have all docs, including a valid visa stamp to return to US.

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Originally Posted by vedu

And the second question...if for some reason the visa stamping gets declined in India, then I will be without any status and thus will jeopardize my I 485 application, and possibly won't be able to return to the US...right?
As such, I don't anticipate any issues with visa stamping, but just want to make sure that all the bases are covered and I am not overlooking any unforeseen scenario.

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This is a harder question for me to answer. I don?t think you will have any issue with stamping as long as you have not done fraud, felony, DUI, etc., If H1B is denied for work related issue, your employer can do another I-129 addressing the issues that the consulate had raised. Then you can go for H1B stamping again. You probably have to pay big bucks to law firms so that they can get you out of jail (a metaphor).

General:
For applying AP, you need to be physically present in the USA. The AP should be approved and in hand before leaving USA and you need to return before the expiry of the AP at the time of departure. Let?s say a pending AP is approved and you ask your friend to mail it to India. You cannot use the new AP to reenter. However, you can come back using old AP and then use new AP for a separate trip.

Traveling on AP is tricky business. So please read / educate yourself before going on a trip.

There are also provisions to request emergency AP. You need to google it to see if you can avail that. Hope this Helps.

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Originally Posted by idliman

Yes. But the catch is you have to be in H1B status at the time of departure to return back in H1B status. This will not abandon your I-485 application. This means that you need to be eligible for H1B and have all docs, including a valid visa stamp to return to US.

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Thank you for your detailed response! My last entry to US was based on AP as a parolee. I had a valid H1-B, but didn't get the stamp in India at that time. After I returned to US, I continued on H1-B (didn't change I-9 form with the employer), since then the H1-B was renewed two times without any issues with the most recent approval came a couple of weeks ago. So, say I decide to leave US without AP, I suppose I am in H1B status at the time of departure. I will have all the docs EXCEPT a valid visa stamp at the time of departure, which I will get in India. Long story short, not having a valid visa stamp in passport at the time of departure from US shouldn't be an issue...right?

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Originally Posted by vedu

Thank you for your detailed response! My last entry to US was based on AP as a parolee. I had a valid H1-B, but didn't get the stamp in India at that time. After I returned to US, I continued on H1-B (didn't change I-9 form with the employer), since then the H1-B was renewed two times without any issues with the most recent approval came a couple of weeks ago. So, say I decide to leave US without AP, I suppose I am in H1B status at the time of departure. I will have all the docs EXCEPT a valid visa stamp at the time of departure, which I will get in India. Long story short, not having a valid visa stamp in passport at the time of departure from US shouldn't be an issue...right?

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Sure. You can go for H1B stamping in India with pending AOS. H1B is a dual intent visa and will not affect your AOS. If you don't believe me (you should always cross-check random internet advice), look at the questionnaire in Zhang & Co website. It is well explained.

I am sorry that you got into 1 year paper AP mess. Next time use (c)(9)(P) and look at the EAD/AP renewal template. This has worked for most of us without any issues.

@monsieur - I certainly do not want this happen. But Eb3I movement depends on ROW demand and EB2I due possibility of EB1 spillover (From May2021) might catch up fast .

USCIS bureaucracy and ability to handle case , impact of interview requirement on cases is big unknown. With Steady ROW demand USCIS may wait till last quarter to apply horizontal spillover for EB3. And I am worried that USCIS won't move FAD OR move it very conservatively . And with start of FY2022 , FAD retrogress for Eb2I/3I as SO visa's disappear. :(


@idliman --Thanks for explanation and Murthy law link.

Another Q - IF FAD is current , Can one apply for I-140 and send interfiling request with I-140 application? (OR have to wait for I-140 approval)

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Originally Posted by monsieur

What makes you think this will happen i.e EB2 will reach May-2011 before EB-3?? Currently EB-3 is Apr-2010 and EB-2 is still in 2009.

https://www.uscis.gov/sites/default/...ry_FY09_19.pdf My go to report as there is no way one person can go back in time and get their I-140 approved. Based on it there are total of 15K EB2+ 7K EB3 (total-22k) approved I-140 in 2010 and 30K total (22k - EB2, 8K EB3) in 2011.

Rough behind the napkin number says there are 60K folks (22k * 2 from 2010 + 15K * 2 from 2011; subtract 14K for folks with both partner I-140 + folks who upgraded to EB1) ahead of you. Keep an tab how many total EB2 and EB3 GC approved for India category in given year.

As you might have read discussion in this page, EB2 and EB3 category differentiation is no longer valid after 10 yrs. Folks move and their new petition get changed. EB2 and EB3 will go hand in hand. Things are too far, don't get stressed abt stuff which you can't control.

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Quote:

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Originally Posted by idliman

Sure. You can go for H1B stamping in India with pending AOS. H1B is a dual intent visa and will not affect your AOS. If you don't believe me (you should always cross-check random internet advice), look at the questionnaire in Zhang & Co website. It is well explained.

I am sorry that you got into 1 year paper AP mess. Next time use (c)(9)(P) and look at the EAD/AP renewal template. This has worked for most of us without any issues.

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Once again, thank you for your advice! I am going to carefully consider all the things you have mentioned before my travel. Hopefully dates move faster in the next few visa bulletins and we all get our GCs soon, so that we don't have to worry about all these complicated issues while travelling to India.

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Originally Posted by idliman

Welcome to this forum.

Is there a reason why you want to switch to EAD when you have a valid H1B status? H1B status has its own advantage. Your employer will complete a I-9 and submit or if you use AP to reenter the country, you will automatically go to "AOS Pending" or "DA" status. I would recommend you to stay in H1B and later on when you travel you will automatically go to "DA" status.

For your spouse, it is a good idea to move to GC EAD instead of H4 EAD. H4 EAD is based on a rule that can be cancelled any time (DT admin tried to cancel it). GC EAD is based on a law and it cannot be cancelled that easily. Your spouse can stay on "AOS Pending" and you can stay on H1B. The beauty is there is no USCIS fee to renew EAD/AP with I485 pending. See details in EAD/AP thread.

If you use EAD/AP, your wife will also move to "AOS Pending" status and will have to fill a new I-9. However, if she moves to "AOS Pending", you still stay with current status. Hope this helps.

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Hi Idliman,

Thank you very much for explanation. I had a hard time with my current employer so was eagerly waiting for my EAD/AP and now it is approved so thought of changing employer. I know employer need to fill new I-9 with EAD details but where they need to submit this form ? I thought this is simply a compliancy form which every employer need to maintain in employees file for proof in case of any Audit. So trying to understand how USCIS will know whether you are using H1B or EAD if you are in the country(not used AP for travel) and H1B is still valid. Is employer sending I-9 form to USCIS and USCIS is maintaining this data ?

Thank you.

To add more to it. As per as USCIS site regarding I-9 form :

Where to File
Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

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Originally Posted by gc2021

To add more to it. As per as USCIS site regarding I-9 form :

Where to File
Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

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Folks - Another update from my end. Received a separate receipt notice for Form I-485 J Supplement I filed along with my packet in October. Looks like USCIS indeed sends separate notice for that even when its filed for the first time along with a 485 form.

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Originally Posted by Zenzone

Folks - Another update from my end. Received a separate receipt notice for Form I-485 J Supplement I filed along with my packet in October. Looks like USCIS indeed sends separate notice for that even when its filed for the first time along with a 485 form.

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I got it too couple days back.

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Originally Posted by gc2021

Hi Idliman,

Thank you very much for explanation. I had a hard time with my current employer so was eagerly waiting for my EAD/AP and now it is approved so thought of changing employer. I know employer need to fill new I-9 with EAD details but where they need to submit this form ? I thought this is simply a compliancy form which every employer need to maintain in employees file for proof in case of any Audit. So trying to understand how USCIS will know whether you are using H1B or EAD if you are in the country(not used AP for travel) and H1B is still valid. Is employer sending I-9 form to USCIS and USCIS is maintaining this data ?

Thank you.

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Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/

• There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
• If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
• If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.

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Originally Posted by idliman

Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/

• There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
• If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
• If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.

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You made me LOL with that last bullet mate! Good one.

Last night I received an email from USCIS regarding an RFE they have sent to me, I did receive RFE for medicals and Supp J in 2018.

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Originally Posted by monsieur

@Aceman - Buddy your frustration is USCIS is progressing slowly. Thats an agency problem, reason is whether lack of funding, political agenda or genuine surge of immigration in USA (legal, illegal both) is bringing to its knees. Keep in mind, apart from EB GC, they are responsible for ALL Visa category which is much much bigger workload. Agency needs overhaul in terms of rules and regulation but most imp in attitude. Maybe they are immigrant friendly but us (EB-I) don?t see it coz of sheer number of us waiting for GC.

I know one thing, if we all can apply to EB1 or EB5 GC and get it next month we will do it in blink of an eye. I firmly believe that all of active users whose dates are in mid-2011 will be greened by this year end or max 2022. If this doesn't happen, Spec will share data to show where those GC number are allotted.

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I love to rub on the Eb2 I guys just for the fun of it. Back in 2009 I had my Masters and all the qualifications for Eb2 however the position required only 3 years experience with a degree. So I had to take Eb3, while lot of my contract coworkers even with a lower salary got in Eb2. Call it jealousy or whatever, but one of the guys rubbed me in the wrong way. He stated money does not make it. Eb2 is exceptional and like Royals, Eb3 is a commoner and a plebeian. They are classified along with unskilled in pure Haryanvi language :-).

Very funny and highly impactful!!!

Fast forward 5 years and couple of promotions later around 2015 end, I wanted to upgrade to Eb2 and started collecting the details for the same. At the same time I started following Trackitt and found out people were moving heavily from Eb3 to Eb2. That was the same time when filing date was introduced and the changed the bulletin to pull back filing date. Later in 2016 Eb2 got only about 7000 visas. Eb1 was growing in popularity. It was during the peak time of Eb1 abuse claims by Eb2 guys along with Eb1B candidates egging them. I did my detailed research and found that 90% of the Eb2 applicants had their credentials and back ground which should have really been in Eb3.

So it makes me happy to see ghar vapasi by these prodigal children!!!! And lot of them still think they are going back to Eb2. The same attitude shown by my then co worker.

The icing in the cake was my chance to remind my Eb2 co worker who had a November 2010 PD about his words. Both of us applied for AOS at around same time and both of us are still waiting for finger print.

I love to add another anecdote here, the solution to fix a water leak is not adding more water to the problem!!!

Hello Gurus,

Does USCIS verify old G325A with new ones we submit as a response to an I-485 RFE? When i filed my G325A in 2012, I had my address outside USA was in Bangalore and it's renamed as Bengaluru in 2014. Now i am filling it as Bengaluru, Does USCIS care this?

And Supplement J form is expired on 10/31/2020 and there's no new one available in USCIS website, can i submit an expired form?

Ace,

I tried to not get involved in the EB2 vs EB3 debate here. Back in 2012 time frame, I thought I am going to get GC soon in EB2. When some EB1C exceptionally skilled people (my friends who went to high school with me in India) got their GCs and rubbed on me about why I did MS'es & PhD, I got mad. Over time, I have got used to this abuse of the system along with the mafia conspiracy of immigration. I am at a workplace where any org change has to be kept in records for 40 years and submitted to the agencies. Imagine someone who comes and tells me to create a fake org chart for EB1C. My reaction is obviously, "Are you kidding me?".

This is a big system where multiple people are exploiting backlogged folks. The companies, lawyers and other services. So people are doing whatever they can to take whatever shortcuts they can. I can see why immigration reform never has a decent chance of passing. The whole world is benefiting because the Indians are backlogged. This will be very hard to get rid of. Even the DREAM legislation will be hard, but they have the vote-bank and younger kids protesting on the capitol footsteps and on the street. So they have a chance to pass without Citizenship. I have respect for the folks who try to be active and change this. As my part, I try to educate all the brethren and help them as much as I can.

For every few people who are honest and true, there are 10 times the folks who are from WITCH based or Desi consultancy companies who are used to being exploited and are just waiting for their turn to exploit someone else and get ahead. It is just the culture they are used to, just like the fake resumes prevalent in the IT industry. I would say, just lookout for your case and make intelligent decisions so that you have multiple paths to reach your immigration goals.

Peace.

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Originally Posted by idliman

Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.

To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/

• There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
• If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
• If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.

HTH.

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Thank you for above response. Just continuing this discussion so that it will be helpful for other who are in similar situation.
" E-Verify" is optional not all employers doing this but I-9 is compliance form and every employer needs to maintain employer visa/work authorization status for any audits. I know if you travel aboard and while returning to USA whatever document you produce (AP or H1 visa) based on that you will be on either H1 or Pending Adjustment status. But my question is if I have valid H1 and AP and I am not travelling out of country and employer not doing E-verify how USCIS will know our current working status unless they do audits and finds through I-9 form . I am not saying I will use both H1 and EAD but just checking to see how this system is verifying . Per instance while I am continuing with my employer on H1B as a fulltime role and at same time using ead for part time Job's.

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Originally Posted by bluelabel

Hello Gurus,
Does USCIS verify old G325A with new ones we submit as a response to an I-485 RFE? When i filed my G325A in 2012, I had my address outside USA was in Bangalore and it's renamed as Bengaluru in 2014. Now i am filling it as Bengaluru, Does USCIS care this?
And Supplement J form is expired on 10/31/2020 and there's no new one available in USCIS website, can i submit an expired form?

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The intent of the G-325A is to collect biographic info for background checking. It is almost like a formality. Bangalore Vs Bengaluru will not make any difference in the context. So just complete it and don't worry about it. But, if you have any missing fields, you will get an RFE.

Use the latest form from USCIS website. Before submitting make sure that a new version of the form is not released. They should be some communication about this form, but I am not able to find it by googling on AILA.