EB2-3 Predictions (Rather Calculations)

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Originally Posted by Transformer

Hi Incredible, I have one question. Lets say he didn't file 485J and he gets GC. Does that mean in USCIS records he is still with the old employer and they expect him to be working for the old employer for a while after getting GC or it doesn't matter?

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While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

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Originally Posted by incredible

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

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Just to explain further, when I gotten RFE 3 months back, I explained to my own attorney that I may move and how should I proceed. His advice was that work on what I have at that time and not what I may have in future. I just followed it.

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Originally Posted by incredible

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

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I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

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Originally Posted by Turbulent_Dragonfly

I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

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You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

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Originally Posted by incredible

You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

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Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

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Originally Posted by Transformer

Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

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Yes. He still has the chance to make sure submit the supplement J. Proactive Supplement J only helps in this situation since it might trigger an RFE when the date becomes current. Most sought after is the RFE these days with an uncertain way approving by USCIS.

Non-prediction question! Please move to a different category if needed. What would be the effect of Travel restrictions from India to US on people with Advance Parole?

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Originally Posted by jackryan041815

finger prints taken march 16th, no EAD/AP. Application filed October 26th

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just curious, did you downgrade to eb3 with your i485 application.

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

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Originally Posted by march1612

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

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What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

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Originally Posted by ak7419

What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

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In any case, since the date has been current for 60 days, it may be worth raising a SR

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Originally Posted by march1612

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

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If you did you are likely to only get a standard response. I would wait at least 90 days. Raise an SR in July or ask your local/state politician to help if there is no change in status. An RFE is a good indicator that your file is being looked at for adjudication.

I became current in April too. That is what I am going to do.

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/sta...12345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

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Originally Posted by rsnake

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/sta...12345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

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This is amazing news; but I guess this is not confirmed yet. Is it ?

Jonathan Wasden is the main attorney in the H4 EAD lawsuit brought by AILA, and Greg Siskind retweeted him, so I would say it's definitely coming from USCIS, so it's confirmed unless they walk it back because of some issues implementing it.

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

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Originally Posted by nbk1976

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

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Congratulations. Now the ball is in your court. Good Luck.

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Originally Posted by nbk1976

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

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don't you feel like you just won lottery? :-)

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Originally Posted by nbk1976

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

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Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

Congratulations on the new job! I am in a similar boat:

Priority date: Oct 2012
I-485 applied on Oct 9, 2020
EAD and AP approved and card received (1 year validity)
I-140 downgrade to EB3 applied on Oct 9, 2020 and approved on Apr 28, 2021
New job offer received - plan to switch using EAD (no H1B sponsorship to transfer)

I spoke to an attorney regarding process to change jobs and this is the synopsis:

Documents needed when final action date (FAD) becomes current or receives an RFE or to file for I-485j:
• ETA-9089 PERM
• I485 receipt notice
• I140 approval notice - EB2 and EB3 (Email pdf is sufficient)

Requirements to change job:
• I-140 approved and past 180 days since application
• Past 180 days since I-485 application
• New job should have more wages than mentioned on PERM
• New job code should be able to justify same SOC code as PERM on I-485j form
• After moving to new employer file I-485j proactively. File that on your own (no attorney needed), but employer needs to complete pages 2,3 6 and 7

Risks to switch job:
• Perfectly ok to switch jobs, and there are no significant risks to changing jobs as along as above requirements are met
• Worst case scenario is I-485j denied and your green card application is rejected. Attorney has never seen that happen.

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.

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Originally Posted by vedu

Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

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thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

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

Expand Special Instructions and please read When to File Supplement J section.

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If you are requesting job portability to a new, permanent job offer under INA section 204(j), you may file Supplement J only after:

You have properly filed a Form I-485 based on an approved or pending Form I-140 that names you as the principal beneficiary;

The Form I-485 has been pending with USCIS for 180 days or more since the receipt date; and

You have received:
A new, permanent job offer from a U.S. employer that is in the same or similar occupational classification as the job offered to you in the original Form I-140, and you would like to request that we use the new job offer when making a decision on your Form I-485; or

An RFE or a NOID from USCIS regarding your pending Form I-485 that asks for confirmation that the job offered to you in the Form I-140 or a previously filed Supplement J is still available to you; or

A NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the Form I-140 filed for you, or the petitioner of your Form I-140 has gone out of business.

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Its better to file I-485J whenever you change jobs after filing I-485 and thats how I interpret this rule. There is no defined timeline. From what you've described, you are not doing anything illegal and following AC21 to the dot. So why be scared about filing I-485J proactively ? If you get an RFE later near your FAD period, send it again without worrying about anything.

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Originally Posted by ak7419

thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

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You will get it soon. Everybody gets their day in the sun! But man, it is a special feeling! It comes in a special gold color, as if indicating start of your golden days soon!:)

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Originally Posted by amey111

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.

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In your case I would say proactively file your I-485J. The reason being that in case you get your green card without an RFE for I-485J, it may become an issue when you file for naturalization as a citizen when they see that you did not work for the company that filed your green card application after getting it. Check the Murthy link below.

https://www.murthy.com/2019/07/29/ch...ed-green-card/

Now some advise that it's not advisable to file it pro-actively as it may delay your application, but that advice is good only for people who are guaranteed to get an RFE for it anyway, like the people that filed in 2012. They don't risk the above situation because they will simply reply with the new company's I-485J when they get the RFE for it while recent filers like you may never get the chance to do so.

Thank you so much!

Thank you Q. And yes, it has been over a decade.

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

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Originally Posted by rsnake

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

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There is no online status called "Bio-metric Appointment letter Sent" - that's why one don't see any change in online status until actual fingerprints are taken.

You are right about USCIS account online alerts - it is not working as intended. My status got changed couple of times in last month but I haven't received any email or text alert that I have signed up for.

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

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Originally Posted by mcmilers

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

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Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.

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Originally Posted by Turbulent_Dragonfly

Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.

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The attorney's office is going to call USCIS to try to sort this out. let see what happens!

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

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Originally Posted by Sebiswaiting

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

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Short answer is Yes if downgrade is a possibility. If I were in your boat, I would not move till I have applied for AOS and completed 180 days. Of course that's just my opinion and there will be many who will disagree with me in this thread as it's left to your discretion to act on it. As far as good opportunities are concerned, I feel like I am getting better offers after completing 180 days. The field opens up for you even more on EAD. However if you feel that you cannot continue in your current role because of toxic work environment then it's a different issue.

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Originally Posted by Sebiswaiting

Prediction and suggestion :

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

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If you must change jobs, an important thing is to get in writing (if possible) that PERM will be initiated as soon as possible.
Biden Admin is definitely improving things (for example: H4 biometric stop). If the existing preposterous times of PWD and PERM processing improve, it will be good for people who change jobs. However that is a big "If".
I would have got EAD if I did not change jobs. I repent about it frequently. As some solace, my existing job is way better than the old one.

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Originally Posted by Sebiswaiting

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

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Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

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Originally Posted by idliman

Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

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Great reply Idliman. But there is another option too. Go to new company but be in good terms with current organization and if the dates move (for FAD) in October, or later this year, move back to current company and file 485 and wait for EAD/AP. I know it is difficult, but this is exactly what I did back in 2012. I moved from the GC sponsoring company in 2011 May to a new company, but kept good relations with GC sponsoring company. As soon as dates started moving in Feb 2012, moving to the original company back and filed 485. Got EAD/AP, worked there for a year and then finally left for good in 2013 May for a completely different and new opportunity. I could say the second time opportunity in 2013 was far better than what I got and moved first time in 2011. So my only request would be, follow the career and make changes if and when the reality of filing 485 is there.

Hello Everyone, I am an EB2, 2012 filler with Feb 2010 PD Texas Center and a long-time follower of this forum but a first-time poster. I got the RFE on the first week of April for Medical and supp-j. RFE response was received by USCIS on Monday, May 3rd, and the status also updated online. Anyone has any recent experience on that how long does it take to get the decision after USCIS has received the RFE response?

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Originally Posted by Sebiswaiting

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

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Since your wife's PD is Dec 2014, I assume her company didn't agree for a downgrade. So even if she continue there, no option for her to downgrade if EB3 PD is current again in October. There is a 30-50% chance that her PD might current in filing date in EB2 come October. No one can tell you for sure, it's a gamble you have to take. If your wife decides to move on and take the new offer, then put pressure on the new company to start the PERM process ASAP and since both your PDs are only 6 months apart, definitely choose EB3 for one of you.

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Originally Posted by Sebiswaiting

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

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3 Scenarios
1) Dates move beyond your PD and stay there - The only thing you'd lose by moving to a new job is a (bounded) delay in getting a green card
2) Dates never move beyond your PD - You did not gain or lose by taking up the new job, from a green card POV
3) Dates move forward when your PERM is not approved and dates retrogress when PERM is approved - You are worse off by moving to the new job.
1) and 2) together are way more likely in my opinion than 3).
I am in a similar situation and have almost convinced myself to accept a new position. My PD is Sep-2012. My probabilities for the scenarios are a little different than yours but still the relationship between 1),2) and 3) is similar

USCIS has approved my EAD/AP application, but not for family members. Presently, our H1/H4 visas are valid until Oct-2021. I have a potential job offer, and the employer is open to hire me on either EAD or H1-B transfer.

Assuming that I am joining with EAD, will my family lose their H4 status as the EAD is likely to invalidate my H1-B status immediately?

Are there any other options available apart from pursuing H1-B transfer to avoid this situation ?