You have to operate under the presumption that no GC will be forthcoming before the end of the EAD expiry. Always seek any and all immigration benefits when you are eligible.
Printable View
Why are date movements a big issue? Do you know anyone who is being harmed by the date movements? I only see the movements as positive.
i) Kids are being protected.
ii) CO is being transparent with available visa numbers and not providing cover to USCIS.
iii) The more the transparency then there is a chance to apply pressure on USCIS by contacting congressman/congresswoman.
I have not seen any negatives so far. Maybe I am missing something.
I completely understand the angst everyone is experiencing due to the slowed down receipting, issuing of EAD/APs and GCs but you have to reconcile that with the massive number of applications that were pushed through in Oct-Dec timeframe. Not making any excuses for USCIS, but that is where we are now where they are simply overwhelmed. It looks like they took six months to get close to receipting all the applications. If things don't start moving by say end of April or mid-May, then I will definitely start getting concerned. USCIS has still not got to the level of transparency that DoS has started showing with getting Charlie on YouTube chats, but hopefully we will get there. They could start by releasing the I-485 pending inventory so that we can fulfill the true purpose of this thread in making predictions!
I think folks are worried due to the lack of movement on pre adjudicated applications. Usually such applications were approved pretty much in the first week of the month the dates became current. Now a majority of these cases have been waiting at least 3-4 months if not longer to just receive Rfe. This is known inventory for almost a decade.
If I remember correctly the earlier discussions about case processing timelines, USCIS typically requires 6-8 months to process a fresh filing. So new application filed in 2020 will probably reach adjudication in about May/June time-frame. But USCIS got a deluge of applications in October so I expect this timline to stretch longer. This along with the fact that historically even in the best year they didn't process nowhere close to 200k 485 applications, I just don't see them getting anywhere close to 260K. Unless something changes, they are on track for massive wastage this year.
My PD is 2010/02/13wiating for RFE
It clearly shows how random/unorganized things are at USCIS right now, or at least I can't tell if there is any reasoning behind the way things are being processed at these centers.
You filed after me, but received FP request before me and we both are waiting for EAD. However, looking at your PD, chances are that you might get GC directly as others have mentioned on this thread.
Hello Everyone,
I am also one of the silent follower of this excellent community like many. I have been following Q's forum since 2011. It had guided me to make some big decisions in life. I Can not thank enough everyone for their inputs.
I need help here. My PD is July 10,2010 India in EB2. Due to loos of job I could not file 485 last year. My new employer is now ready to file i140. Should I file in EB3 or EB2? I am asking from the future dates movement perspective. Is there any chance of dates retrograde in eb3? Would I be better off in eb2 or eb3 down the line.
Once again many thanks to everyone for helping out each other.
Shouldnt matter either way. EB2 is in May 2010 right now and EB3 in Sept 2010 per final action dates. For sure dates will easily clear July 2010 PD in both categories(It already has for EB3 and will do so for EB2 in the next couple of weeks). Make sure you are filing I-140 under premium if you can so you can file concurrently for I-485 as well. As for retrogression, well the whole point of the Filing Date and Final Action Date charts was so things like retrogression does not happen or atleast is managed in a predictable way. I think you should be ok with with either. Your position requirements will determine if it is EB2 or EB3.
You are in relatively good shape. You can file either in EB2 or EB3. EB2 has less chances of retrogression purely because it will be getting both vertical and horizontal spillover next year. Even in the worst case of retrogression the dates should be after your PD for the foreseeable future (because of extra numbers next year). Now the decision is mainly for your 485. You have your PD current in this bulletin for EB3 so you can do concurrent filing in EB3 of i140 + i485. For EB2 you need to wait till next bulletin or the time when the FAD is current for you to apply 485. Do make sure to apply with the medicals so that you can avoid an RFE in future.
If they waste visa numbers for this fiscal year then come October 1 those pre-adjudicated folks from 2009 will definitely have to wait for new FY - I am not sure that the dates would retrogress. That is my assumption because they would have ran out of visa numbers for new FY and have to start requesting the numbers again. I would be happy if someone can correct me.
Hi all good afternoon/evening. At the cost of getting castigated, I have a question about EB2 Apr 2011 PD and EB1. I am currently outside US and will be eligible for EB1 in Aug (have offer and H1B etc). Due to personal reasons, I would prefer to move to US earlier depending of how EB2 moves in next few months. Given a choice between waiting few additonal months for EB1 or move when (IF) EB2 becomes current, which category is better? (Note: EB1 has a I140 depedency and it can take anywhere between 4-8 months to get approved).
jayanthi you come across like a billionairre asking us little people if you should be wearing prada or fendi? Well Devil you should be wearing Prada. Go for EB1 if it's only a matter of I-140. 4 months will go much quicker than risking USCIS' wasting EB2 visas.
D
Thank you @Q. Nicely put and I enjoyed the pun. Yeah I appreciate what you mentioned, some time helps to reiternate the same point (you said same thing 8 months ago :) ).
hi
I have Oct 2009 PD. NSC Center. Current in March. RFE Responded Feb last week.
As there is no response, I want to go for Congressman or Senator inquiry. Can someone explain me process. I live in Dallas. Pls advise. Should i go for congressman inquiry or senator inquiry
You can do either but don?t do both. This is for example John Cornyn?s webpage for enquiries. There will be detailed instructions usually for different issues.
https://www.cornyn.senate.gov/conten...as-immigration
https://www.cornyn.senate.gov/node/5855
If your salary without bonus (https://www.flcdatacenter.com/) for the position SOC code you are hired is wage level 4 or more, then go for Eb2, else go for EB3.
I posted a question regarding h1 transfer after 180days of filing 485 in the other thread. i appreciate if some experts can answer to it and delete this message.
https://www.qesehmk.org/forums/showt...ll=1#post81390
Moved the GC Abandoning and PD discussion to a new thread
https://www.qesehmk.org/forums/showt...ecapture-of-PD
I hope USCIS will begin "GC Utsav" soon :)
October 2020 filer, Is anyone trying to prepare renewal of EAD/AP applications since we are hitting 6 months time frame? i wonder if we need to get our application ready and file even before receiving the original card.
Yes i have not received it yet. but USCIS works in mysterious ways, in past i have seen H1b extension took like 6-7 months but the approval date was from the filing date. so i was worried if the same thing happens and if we don't file for renewal on time (6 months before expiry) then it will cause issues with work authorization.
this is my first time filing EAD so i do not know what to expect.
Hi, My PD is 2012 Nov in EB2, the downgrade was filed in October. We received the receipts in December. In January, we filed for PPS for downgrade I140. We didn't see any movement for 2 months and the lawyer withdrew the check and within 10 days, USCIS updated their status that the I140 petition is rejected because of insufficient funds, even though the check she withdrew was only for PPS. We tried sending the check again 3 times but they kept rejecting it. I chatted with the agent and they are asking us to refile the entire I140 again. My lawyer is thinking to file an ombudsman request. I have receipts for 140, 485, etc. but now since USCIS is asking to refile I140 again will they be affected? TIA for the help
Quick question
I upgraded my EB2-EB3 downgrade I-140 to premium processing. My attorney filed the downgrade in October 2020 and filed premium processing request on 03/23/2021. Since we didn't get any receipt for premium processing and the premium processing fee check has not even been deposited yet, he contacted USCIS on 04/09/2021 and was told that the I-140 had not been marked as premium yet. The responding officer was going to look into confirm the receipt or perhaps a rejection of the premium processing request and get back to the attorney when they have more information.
I only upgraded to premium because I am fairly confident that my priority date would get current in the last quarter in the EB3 category and I wanted to have my I-140 approved by that time. Also, I know few other physicians who also downgraded to EB3 and then upgraded their I-140 to premium recently and got them approved.
How usual it is for USCIS to not even mark the I-140 as premium even after 15 days of filing (it would be 15 business days this Tuesday) and also how common it is for them to reject a premium processing application for a downgraded I-140? I am asking this because I have not heard of any cases so far where they have rejected a premium processing on a downgraded application and also not given an answer on a premium processing for 15 days now.
It's basically radio silence from their end. No receipt, no rejection. They haven't even deposited the premium processing check yet.
Any insight appreciated.
Last bulletin was released on March 12th, a Friday. Are new bulletins usually released on Fridays only, or can we hope for May's bulletin in the next few days.
EB2 Oct 2009 PD. Submitted paperwork in Oct 2020. Received fingerprint appointment for March 31, still have not received EAD and AP. Also i submitted without medicals, have not even received RFE. My case no. starts withs MSC. i guess it is really going slow in this center.
In case of my friend who also opted for EB2 to 3 downgrade at TSC in Oct 2020, his Law firm Fragomen filed for PP only after getting the receipt and he got his I-140 approval in around 10 days. It could be that your application for PP is lost at the uscis facility.