EB2-3 Predictions (Rather Calculations)

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.

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Originally Posted by rabp77

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.

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Thank you rabp77. Much appreciated!

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

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Originally Posted by idliman

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

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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)

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Originally Posted by H1b2006

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)

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I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

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Originally Posted by idliman

I think we should keep our expectations low and expect similar 1 wk / bulletin type movement.

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Yeah, I am also in the 'I will believe it when I see it' mode.

The current admin make take one last parting shot before they are kicked out, so I am tempering my expectations at least for the Feb bulleting and hoping it won't be released until next week.

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Originally Posted by txsguy

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.

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I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

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Originally Posted by H1b2006

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)

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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!

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Originally Posted by vedu

If they don't, who gives a damn except people on this forum!

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I like the way you finished the comments :cool:

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Originally Posted by Turbulent_Dragonfly

I don't see the point of moving DF aggressively now that they have thousands of new applications in their backlog in the past three months.

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i agree. We should see faster movement in final action dates before any aggressive movement in DF dates.

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.

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Originally Posted by Turbulent_Dragonfly

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.

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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.

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Originally Posted by gayathrianil

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.

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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 ????

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Originally Posted by gkjppp

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 ????

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Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

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Originally Posted by idliman

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

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Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)

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Originally Posted by idliman

Try Emma chat for "live agent" to get receipt no.
If you are on EAD, you have to stop working the moment EAD expires. For C9 AOS category, there is a 6 month grace period (fine print on timely renewal application).

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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.

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Originally Posted by gkjppp

Thanks idliman for quick reply. Mine expires mid-April and it is C9 AOS category. I can wait for GC for few more years but not for EAD/AP :-). You need valid status to work and travel :-)

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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;

1. Call USCIS early AM (8AM not 11AM)
2. Chat with Emma in the morning (have your A# ready),
3. Email USCIS lockbox support immediately. and
4. 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).

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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.

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If actions 1, 2 and 3 are not helpful file a Ombudsman case assistance form. I would include my tracking number (USPS & FedEx).

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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.

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Wow! I was uneasy after 4 weeks of not receiving receipt numbers 6 months back. I can only imagine what you are going through.

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.