Are you in TSC ? TSC is currently running slow and the recent weather events in the Dallas area might have slowed them down further for a week or two .
Most in NSC have gotten RFEs into Jan .
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yes TSC...
I received a RFE for birth certificate for my spouse and submitted the response. USCIS acknowledged it immediately after they received it. Is that of any indication of potential advancement of FA dates in the coming months?
Unfortunately No. RFE process and responding to RFE are all integral parts of maintaining your "AOS Pending" status. If you don't reply to RFE in a timely way, your I-485 application will be rejected/denied. So RFE's are serious business and at the same time show progress in adjudicating your file. This is the same for a 2009 PD applicant or 2014 PD applicant. Even if your PD is not going to become current (like the people who filed in 2012 and still waiting), USCIS will process your file and pre-adjudicate, so that your case file is ready to be approved when GCs are available.
Moving the PDs or future movement is dependent on how many visa's (GC is an immigrant visa) remain open for issuing.
H1b - Transfer after 180 days for primary but not transferring h4 for spouse. how does it work out in-terms of legal status and GC processing.
Hello Gurus's need some input from people who dealt with similar situation.
I applied for I-485 and I-765 on Oct 29 2020, have not received EAD/AP or no fingerprint yet. I have also filed i-485j and medical along the application.
Now due to some work situation i am going to join a new company on May 3 rd (after 180 days to take advantage of AC21) and working with the new company attorney to transfer my H1b.
1. The new company do not want to file h1B transfer in premium. I have to bear the premium cost so i am fine not taking that route.
2. The company is not transferring my wife's H4. she has H4 EAD valid till October but never used it.
My question is will it be OK to not transfer H4 while i am on H1B and wife is in AOS pending "Trishanku state" . i want to know so i don't have to spend on wife's transfer cost and if we are going to get EAD anyway why bother.
Hello Aceman and others who may be in the same boat as I,
USCIS has now accepted by wife's derivative application which was initially rejected for missing 3a/9a in Part 2 of the I-485 application!
My wife's FP got scheduled too...
This follows USCIS's notification that they would accept such rejected applications.
If your wife is not planning to work, then yeah AOS pending is fine. Only thing I am not sure of as I don't know which state you live in is if she needs to renew her driver's license. Hopefully you will have EAD by then but who knows since as you yourself know you have been waiting for approaching 7 months since you initially filed for I-485. Also not to scare monger, but if the I-485 is denied for some reason, then she will immediately go out of status. That's why it's better to have an underlying status.
Please confirm with an attorney. Should be a quick confirmation.
My understanding - after multiple H4 renewals, some with H1 and some applied separately - is that H4 does NOT need to be renewed just because you (H1) are transferring to a new employer. With what you've written, if H4-EAD is valid till October, I conclude that her H4 is also valid till October. You "CAN" renew the H4 right now with H1, but don't have to. You can do that in late August/early September if your EAD/AP doesn't arrive by then.
The above of course doesn't hold if you are "renewing" your H1 because it's expiring, which further implies that H4 is also expiring at the same time. The above is only for a new H1 with a different employer while the existing H1 (and hence H4) still has validity left on it.
Again - Please confirm with an attorney. Should be a quick confirmation.
While the medical RFE came from the Field Office and I replied back, my application is primarily with NBC. I don't know who owns the processing of my application from now on and who does the final adjudication and approval whether its NBC or the FO. Just wanted to clarify as I saw few messages asking about the FO details.
People these are exatly my thoughts. I 100% agree with positive.
I gotta to say that I am sometimes ashamed that we Indians have no self respect. Compared to our education and money power we seem to have almost no fighting spirit. Any other community so oppressed would go and knock doors of supreme court and knock all TV channels (which are paid by the way ... and so it is so easy to make yourself heard). Go create a lawsuit that will have merit. All you have to do is - build 10-20 cases that will show that those those specific backlogged folks suffered material damage to their careers and/or life because USCIS failed to utilize visas. Spend money even if you are not one of those people. Because it will help you in the long term. Build advocacy that is separate from IV who have damaged themselves permanently by aligning politically with right wing anti immigrants. So I am not going to put faith in IV anymore. But I can't believe that among a million desi backlogged people - some of whom are C level people - earning 1M plus - we can't find people with courage to do proper advocacy. Shame on you.
Are they not doing PP because of cost issues? You can offer to pay them for it and it's completely legal for the employee to pay for I-140 premium processing.
You can have two or even more than two active 485s but with the current pace of processing it's better to stick with the one from Oct. If you file the second one, when they get to adjudicating the one that's ahead, they will ask you to withdraw the other. It's not automatic.
Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?
Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.
Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.
My PD is DEC2,2011 . In my case i tried PP at TSC but till date havent received any update from USCIS - No reject mail , nothing (per lawyer) . In this helpless situation i was considering using EB2 path whenever FAD reaches Dec2,2011 under EB2 . Atleast that way you can get out of clutches of TSC (which is the slowest of all even during normal conditions )
If your employer does not allow you to upgrade your petition, you have nothing else to do. Company did a big favor in allowing you to downgrade. When you applied for GC, you were qualified with skills required for EB2 and it excluded lot of candidates who would otherwise have qualified for the job in EB3.
I had presented this possible scenario early this year, but few members felt I was disrespectful and inconsiderate to the people who wanted to downgrade and their chance for getting an EAD. EAD without approved 140 is basically an useless document.
I think you should have patience and see when your Eb3 140 downgrade is approved.
Just a general career advice to you and anybody else who finds it useful. In USA if you treat your employment as a 2 way street then you have better chance of success. Neither you are doing them any favor nor they should be thinking they are doing any favor. If this is the limit they are willing to go for you then it tells you that the career ahead of you doesn't have significant upside remaining and you need a different employer at a suitable time.
No point in getting angry or hurt. Just accept this reality and move on when suitable point in time arrives. All the best.
While there is no law requiring USCIS to use up all numbers, the law does require that USCIS accept I-485s as long as visa numbers are immediately available. If hundreds of thousands of visas are expected to remain unused by the end of the fiscal year, visa numbers continue to be immediately available for everyone by the same token. In legalese, it's called putting a squeeze on interpretation of a statute. If you make one argument then you cannot run away from what logically follows.
Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?
@PDAUG2011 - I had very similar satiation. Got RFE for myself, submitted medicals for both me and my wife with RFE response. Few days later I received Medial RFE for my wife. Can't answer why. Resubmitted a new medical for my wife.
You should get new medicals from doctor and submit. Only thing i would suggest act fast don't delay.
No I submitted my medicals in Oct 2020 last year. I have submitted everything they need
Hello Friends , Good there are some getting updates with their cases.
My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.
EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting
Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?
Not a guru but I will take a stab at it. I feel answers to such situations are always going to be subjective given so many variables:
(I am in a similar situation myself BTW)
- offer details (Comp career progression)
- current comp details / your satisfaction level
- current estimate for getting GC
-- As you can see through pages and pages of discussions here and elsewhere, so many variations on USCIS side - service center / AO / field office / things getting lost, queue order changing, positions of stars probably :)
- How much you personally care about filing I-485J proactively / staying at the current job for 6 months after GC
I could probably add more factors but the point is that it is something that each one of us will have to decide for ourselves. I feel it's a matter of what tips the scale for you and in which direction.
Personally, If I get a dream offer tomorrow that will substantially change the quality of life in 2-4 years from now, I will move and use AC21. Otherwise best to simply stay put and patiently wait for this to be over.
More knowledgeable folks here may correct me but I think you are right around the corner and should get your GC within the next few months(2-4) if everything goes ok.
Good luck and godspeed.
My take on this type of situation is as follows and others can correct if they disagree:
If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.
In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.
Couldn't agree more. I think as a rule of thumb the FO that sends you the medical RFE (if you hadn't filed it with the original application) will be a more pertinent harbinger of how things will move and how fast. Even otherwise its fair to assume your FO processing times impact your case more actively as such.
Agree totally with you here. I also appreciate your suggestion of expediting EAD. I have a job offer but no EAD yet. The job offer is contingent on me getting EAD or GC. You never know what turn market might take 6 months after GC approval. The employers financial situation might change, or they might fill the position with someone else.