EB2-3 Predictions (Rather Calculations)

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05-26-2021, 01:20 PM
Moveon

Quote:

Originally Posted by vedu

Thank you. That's good to know. I have a pending AP application and now I know what to expect.

My AP was pending while GC got approved .Got a letter of rejection a few weeks later saying that "Rejected because your AOS is no longer pending. AP is issued only if AOS is pending at the time of application and approval" .
05-26-2021, 01:22 PM
Moveon

Quote:

Originally Posted by smuggymba

Anyone here - Did you file supplement J/ AC21 by yourselfs or do we need a lawyer? I file my EAP/AP so save money but not sure on the AC21/Supp J..Any feedback

My advise will be to use a lawyer . One mistake can cause several months of delay or even years if it retrogresses . EAD/AP is fine , I have done it for my spouse . Sup-J as a response to an RFE is better handled by the lawyer.
05-26-2021, 01:32 PM
FlowerPot

EB2 05/12/2011 here and moved from original PERM/I-140 approved location (Chicago) to new location (Dallas) based on job transfer with same employer. Applied I-485 pack (incld. 485J that mentions my prev. position still available for me if GC approved) in Oct'20 and case is with NBC (MSC). Recently, received my 485J Receipt as well. When it comes to adjudication and field offices, will it be the location where job is available (Chicago) or home address (Dallas) Or MSC itself will take final decision on the case when it gets current in coming months?
05-26-2021, 01:37 PM
suninphx

Quote:

Originally Posted by qesehmk

To my knowledge US hasn't banned Indians from traveling. Also COVID and AP are two mutually exclusive issues. If your AP is in good standing you should be back in without issues. Also US to my knowledge has no quarantine requirements anymore. The only thing I would suggest is travel on an American airline like United. I wouldn't want to deal with Indian airlines at this time (simply because they are too bureaucratic and if there is even a minor issue it can get into a bureaucratic nightmare.)

All the best and do post your experience as I am sure it will be useful for everybody.

Q- there is a travel ban for certain travelers from India in place:

https://www.murthy.com/2021/04/30/ne...vid-19-spread/

There are obviously exceptions:

https://www.murthy.com/2021/05/05/ex...curb-covid-19/
05-26-2021, 01:43 PM
Positive

Quote:

Originally Posted by qesehmk

To my knowledge US hasn't banned Indians from traveling. Also COVID and AP are two mutually exclusive issues. If your AP is in good standing you should be back in without issues. Also US to my knowledge has no quarantine requirements anymore. The only thing I would suggest is travel on an American airline like United. I wouldn't want to deal with Indian airlines at this time (simply because they are too bureaucratic and if there is even a minor issue it can get into a bureaucratic nightmare.)

All the best and do post your experience as I am sure it will be useful for everybody.

If you are present in India for 14 days and a non citizen, you may face the travel ban unless you fit one of the exceptions such as you are parent of a US citizen.
https://www.whitehouse.gov/briefing-...-disease-2019/
05-26-2021, 01:59 PM
seepz123

Quote:

Originally Posted by Positive

If you are present in India for 14 days and a non citizen, you may face the travel ban unless you fit one of the exceptions such as you are parent of a US citizen.
https://www.whitehouse.gov/briefing-...-disease-2019/

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal
05-26-2021, 02:11 PM
vedu

Quote:

Originally Posted by seepz123

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal

Seepz123,

Sorry to know about your situation and hope your parents will recover soon. My personal advice to you is not to travel to India on AP at this time. I know it is a difficult situation, but think rationally and not emotionally. There is not much you can do there to help your parents. Let your close relatives take care of the situation and you provide financial help from here as necessary. Your date is current and you should get your GC any time now. Follow up with USCIS and your local senator, explain to them the urgency of the situation. With GC in hand, travel will be very safe.

If you still decide to travel without GC, good luck and hope everything works out for you.
05-26-2021, 02:12 PM
vedu

Quote:

Originally Posted by Moveon

My AP was pending while GC got approved .Got a letter of rejection a few weeks later saying that "Rejected because your AOS is no longer pending. AP is issued only if AOS is pending at the time of application and approval" .

Thank you for sharing your experience, Moveon.
05-26-2021, 02:26 PM
qesehmk

Quote:

Originally Posted by suninphx

Q- there is a travel ban for certain travelers from India in place:

https://www.murthy.com/2021/04/30/ne...vid-19-spread/

There are obviously exceptions:

https://www.murthy.com/2021/05/05/ex...curb-covid-19/

Thanks Sun. This should be greatly useful to anybody considering travel. It seems most of us would qualify as parents of US citizens it seems.
05-26-2021, 03:02 PM
march1612

Quick update, I opened Service request with TSC as my PD is current for about two months now with my PD in March-2010. TSC closed my service request stating that they acknowledge that my case is outside of the processing time but ask me to continue to wait until a through processing is done. Not sure what it "thorough processing" means and do not see any RFE issued in my case.

Any thoughts?
05-26-2021, 03:18 PM
Turbulent_Dragonfly

Quote:

Originally Posted by seepz123

Thank you for all the responses here. I hope being the parent of a US citizen should help me get back on my valid AP. Will post my experiences as I navigate this new normal

There are some countries in EU if I remember right which require a stamped visa or they require you to have a transit visa while coming back into the US. So please be aware of those requirements. Also there will be secondary inspection at the port of entry here which can at times take some time but in view of Covid that may not be too much of an issue.
05-26-2021, 03:47 PM
donkeykong

Quote:

Originally Posted by donkeykong

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

Lawyers received approval on 5/25/2021
05-26-2021, 04:29 PM
abcx13

Quote:

Originally Posted by seepz123

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.

I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

I believe AP is not sufficient to come back without spending 14 days outside of India, but if you are a parent of a USC child as others have pointed out, you should be able to come back.

You can check this app: https://travel-ban-app.webflow.io/
05-26-2021, 05:05 PM
gammaray

Quote:

Originally Posted by vedu

Seepz123,

Sorry to know about your situation and hope your parents will recover soon. My personal advice to you is not to travel to India on AP at this time. I know it is a difficult situation, but think rationally and not emotionally. There is not much you can do there to help your parents. Let your close relatives take care of the situation and you provide financial help from here as necessary. Your date is current and you should get your GC any time now. Follow up with USCIS and your local senator, explain to them the urgency of the situation. With GC in hand, travel will be very safe.

If you still decide to travel without GC, good luck and hope everything works out for you.

C'mon now. Are we really that desperate as people for a gc that being with parents in such situations is acting emotionally? This should be a no brainer, even if OP faced a travel ban, imo. In any case OP is exempt from it so it's a non-issue.
05-26-2021, 05:12 PM
gammaray

Quote:

Originally Posted by Turbulent_Dragonfly

There are some countries in EU if I remember right which require a stamped visa or they require you to have a transit visa while coming back into the US. So please be aware of those requirements. Also there will be secondary inspection at the port of entry here which can at times take some time but in view of Covid that may not be too much of an issue.

Its western Europe mostly -- England, Germany, etc. The middle east doesn't require visa's however I believe Dubai and others have also imposed a travel ban on India. Safest bet, and I believe most people travelling in current times are doing anyway, is to be on direct flights namely United and Air India.
05-26-2021, 05:26 PM
rsnake

Quote:

Originally Posted by mr00us

If we are basing our analysis by extrapolating the first quarter data, I think we may be in for a pleasant surprise. Reason is, first quarter which is Oct-Dec is mostly holiday season and the processing is bound to be slow then. If second quarter data also shows the trend, I would understand.

By the time the 2nd quarter data comes out, it will be too late for a lawsuit or even for USCIS to do anything since they operate at a glacial pace. 1st quarter ended in Dec, we got the data for it now after 5 months. Second quarter ended March 31. So we will get the data at end of August. That means around a month left in the financial year. Do you think lawsuits can be filed and decided in 30 days? Even if the court decides in 2 weeks which is unrealistic, do you think USCIS can expedite and finish approving tens of thousands of additional GCs in 2 to 3 weeks?

Quote:

Originally Posted by mr00us

I do anticipate some wastage, but that has always happened and it should not be more than 10%.

How has it 'always happened' when it's the first time that 261K visas are available? When was the last time such a high number was available? What makes you think it will be only 10%, i.e 26K.

Where I can agree is that I don't know if the lawsuit will do anything or may annoy people that are already working hard to expedite approvals in the summer. There aren't many good options to make our voice heard. Writing to senators only helps so much.
05-27-2021, 08:50 AM
idliman

Quote:

Originally Posted by abcx13

I believe AP is not sufficient to come back without spending 14 days outside of India, but if you are a parent of a USC child as others have pointed out, you should be able to come back.

You can check this app: https://travel-ban-app.webflow.io/

There is a separate thread with details on traveling with AP and the countries that require transit visa for Indian passport holders. Please see this.
05-27-2021, 10:41 AM
smuggymba

Quote:

Originally Posted by smuggymba

Yes this issue is specific to TSC. On trackit, people with late April PD's have physical GC in their hands. TSC is fkin up big time here.

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.

Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken
05-27-2021, 11:00 AM
mitul75

Quote:

Originally Posted by seepz123

Hi,
I am having to urgently travel to India to take care of my covid affected parents. I am a 2012 filer who yet to receive GC, and working on a EAD. My plan is to travel using my AP. I tried reading the recent rules to see if I would be permitted to travel back on a AP, but cannot determine it for sure. Here is the link to the information I am looking at - https://in.usembassy.gov/covid-19-information/

I will be grateful if someone on the forum can comment on if using AP for travel back to USA would be allowed looking at the current rules.

I apologies if I have posted this in the wrong thread, and request the moderators to move it out if this is an inappropriate question here.

Thanks

This is also a classic case where you can try and expedite your I-485 processing on humanitarian grounds, provided your dates are current. At worst they will deny your expedite request, but at the same time they may issue an RFE to further process your GC.
05-27-2021, 01:38 PM
tenyearsgone

Quote:

Originally Posted by smuggymba

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.

Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Haha, I got the same update too today. Someone in Texas likely trolling us.
05-27-2021, 01:51 PM
Transformer

Quote:

Originally Posted by tenyearsgone

Haha, I got the same update too today. Someone in Texas likely trolling us.

I see hundreds of 2012 filers getting this update per trackitt. Not sure if it is a bug or someone actively looking at these applications.
05-27-2021, 02:05 PM
rsnake

Quote:

Originally Posted by Transformer

I see hundreds of 2012 filers getting this update per trackitt. Not sure if it is a bug or someone actively looking at these applications.

My guess is that those cases got picked up in some automated report and got moved to a different internal queue for an AO to look at.
05-27-2021, 02:31 PM
korlakunta08

Quote:

Originally Posted by smuggymba

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.

Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Today I got same message
05-27-2021, 02:51 PM
gsingh

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks
05-27-2021, 04:02 PM
mohan_jgd

Quote:

Originally Posted by gsingh

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks

We were able to expedite the biometrics appointment for my wife citing job loss. You'd need to provide a good solid reason for the expedite request. She did get a bio-metrics appointment more than a month before us (me and my daughter). However no such luck on her EAD yet.
05-27-2021, 04:15 PM
smuggymba

Quote:

Originally Posted by smuggymba

I almost had an orgasm seeing USCIS text but it was short lived. They touched my application after 9 years and I thought it would be for RFE but the update just said - "Case Was Updated To Show Fingerprints Were Taken". Dang it.

Case History

03/05/2012 -
We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.

05/27/2021 -
Case Was Updated To Show Fingerprints Were Taken

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.
05-27-2021, 04:26 PM
Zenzone

Quote:

Originally Posted by smuggymba

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.

That's a happy ending man ;) Good Luck
05-27-2021, 05:52 PM
AceMan

Quote:

Originally Posted by smuggymba

Got RFE email...Yayy!! I will book medical appt tomorrow and then work on Supplement J and AC21. Hopefully want to wrap by June 10th.

Happy for you.
05-27-2021, 06:16 PM
abcx13

Lawsuit on EB2/EB3 delays in case anyone wishes to join. I am thinking about it. It's only $500 more than Premium Processing Fees.

https://www.visalaw.com/indian-and-c...status-delays/
05-27-2021, 07:08 PM
qesehmk

Quote:

Originally Posted by gsingh

Q ,
Is there a way to expedite the biometrics appointment ?
My PD is April 2012 in EB3 filed I-485 on 10/30/2020 with TSC but I haven't even received biometrics appointment yet.
There is a chance April 2012 will be current in July/Aug and this will delay my case I think.

Thanks

I am sorry my friend - I do not know this and will defer to others.
05-27-2021, 09:14 PM
gsingh

Quote:

Originally Posted by mohan_jgd

We were able to expedite the biometrics appointment for my wife citing job loss. You'd need to provide a good solid reason for the expedite request. She did get a bio-metrics appointment more than a month before us (me and my daughter). However no such luck on her EAD yet.

Thanks mohan_jgd.I don't really have such a compelling reason.
I hope you get the EAD soon. For your PD with NBC, you might get the GC before that. Good luck!
05-27-2021, 09:25 PM
vsivarama

Quote:

Originally Posted by gsingh

Thanks mohan_jgd.I don't really have such a compelling reason.
I hope you get the EAD soon. For your PD with NBC, you might get the GC before that. Good luck!

It's ridiculous that we even need to provide a compelling reason for our EAD to be expedited after waiting for 7 months and that too for a 1 year work permit. Maybe some of the old timers can shed some light on this. I thought all they need to adjudicate our EAD is to make sure we have a pending 485 application. If that's all they need, it hardly takes 5 minutes to approve an EAD.
05-27-2021, 09:27 PM
qesehmk

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

Quote:

Originally Posted by whereismygc

Friends - write a letter to your senator and congressman asking some action to avoid potential visa wastage. Here is a template.

https://www.qesehmk.org/forums/showt...ll=1#post82412
05-27-2021, 09:44 PM
vedu

Quote:

Originally Posted by gammaray

This should be a no brainer, even if OP faced a travel ban, imo.

The above statement is exactly what I call an emotional response. The famous nobel prize winner psychologist, Daniel Kahneman calls it "System 1" thinking. The OP here is rightfully adopting a "System 2" thinking by carefully collecting all the facts before making the right decision for his/her unique situation. No decision should be a no-brainer in this difficult situation. The point here is to help the parents, and not to get yourself in trouble. If that can be better accomplished by he traveling to India personally, then by all means, he should do that, but ONLY after giving proper consideration to all the relevant facts. One should read Kahneman's book, "Thinking, Fast and Slow" to learn more on this subject.
05-27-2021, 10:05 PM
vedu

Quote:

Originally Posted by vsivarama

It's ridiculous that we even need to provide a compelling reason for our EAD to be expedited after waiting for 7 months and that too for a 1 year work permit. Maybe some of the old timers can shed some light on this. I thought all they need to adjudicate our EAD is to make sure we have a pending 485 application. If that's all they need, it hardly takes 5 minutes to approve an EAD.

Normally it shouldn't take that long time to get EAD approved, but currently their main focus may be on approving as many GCs as possible, and that's where they seem to have deployed most of their manpower. Because of that EAD/AP applications processing may be either on a hold or on a slow burner.
05-28-2021, 07:39 AM
GCGCGCGC

Quote:

Originally Posted by qesehmk

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

Thank you Q for sharing, Yes I did.
05-28-2021, 08:21 AM
delguy

Quote:

Originally Posted by vedu

Normally it shouldn't take that long time to get EAD approved, but currently their main focus may be on approving as many GCs as possible, and that's where they seem to have deployed most of their manpower. Because of that EAD/AP applications processing may be either on a hold or on a slow burner.

I wish this was true but by looking at the pace of 485 approvals trickling in, I doubt there is any urgency at USCIS to issue GCs on priority. On the contrary the priority seems to be wasting as much GCs as they can.
05-28-2021, 08:41 AM
cciedata11

Quote:

Originally Posted by qesehmk

Friends - did you act on this?

If not - then you should.

Otherwise how do you expect the system to change?

I did for the first time.
05-28-2021, 08:46 AM
08jul11

Do we know if USCIS is honoring the date of filing chart(ie: 01AUG2011) for EB2 starting June 1st?

Sorry, couldn’t find it explicitly on visa bulletin
05-28-2021, 09:02 AM
MKPD2015

Quote:

Originally Posted by 08jul11

Do we know if USCIS is honoring the date of filing chart(ie: 01AUG2011) for EB2 starting June 1st?

Sorry, couldn?t find it explicitly on visa bulletin

No. They are honoring only Final Action Dates.

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