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Have you tried expediting the GC EAD for your spouse stating job loss, drivers license issues, financial loss etc.? Expediting EAD seems to be working for some, it's hit or miss depending on which agent and which officer eventually looks at it.Quote:
Originally Posted by may2011
Thanks rsnake and idliman,Quote:
Originally Posted by rsnake
I will consult spouses attorney (Fragomen) and ask these questions to mine as well.
I really like the suggestion -- filing I-140 and staying put. They are filing in premium but are going to take a few weeks to file it anyway. So waiting a couple of bulletins for I-485 won't hurt.
Please keep us posted on what you find as there will be many ppl who have spouse in EB3/EB2 or vice versa and will think whether to file another set of I-485 or use "Transfer of Underlying Basis".Quote:
Originally Posted by donkeykong
I looked into old trackitt posts and USCIS was kind enough to automatically change the underlying basis to give you advantage if your I-140 became current. Those were the days of 2005 when USCIS would issue you RFE saying do you want to use this I-140/I-130 for your GC :).
Right now it seems even if you send transfer of underlying basis letter, you barely get acknowledgement.
Others can chime in if I am wrong but for ER, the pre-requisite is biometrics completion (?)Quote:
Originally Posted by rsnake
With regards to ER, it indeed is hit or miss. So here is my experience with that:
I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)
I think learning here is to be persistent and of course, use genuine reasons for ERs (in the OPs case, as you suggested, financial loss will be appropriate) as you may be asked to submit supporting documentation.
Hope this is helpful to others here.
I-693 Vaccine payments and coverage moved to its own thread:
https://www.qesehmk.org/forums/showt...2579#post82579
Can your boss/manager sign the I-485 Supplement J paperwork? My HR is super lazy and slow and very apprehensive.
I have Foster as my personal attorney (changed jobs but kept same attorney) and they had asked company related info and it's been over 4 days and HR has not responded despite several emails/cc'ing her boss/setting up a meeting in which she said that she will share the info asap. What is wrong with these ppl; I don't get it.
Im not sure your boss/manager will be willing to put their name, title, contact and represent the company without approval from HR/Legal in your firm. That too on a federal form related to immigration. It puts them and the company at liability risk should something go south. Better be safe on this and not block out HR/Legal. Use your boss/manager to push HR to give you what you need.Quote:
Originally Posted by smuggymba
My HR (AC21 employer) was also wary of filling this form. I had have a face to face meeting to convince her that this was not immigration sponsorship. Tell HR clearly that this is a "supplement" to a form already filed called I-485. Walk him or her through pages 5-7. There is no mention of sponsorship. The purpose of the form is to collect current employment information so that determination of portability can be made. The employer portion is only about the company and the job which they would put down on a job verification letter all the time.Quote:
Originally Posted by smuggymba
Don't work with HR employees who are not supervisors. I would go to the highest HR officer.
Gurus - when will the 6 month counter start that enables people to change JOBS after GC.
Will it start from 485 application date or GC Approval date ?
GC approval date. https://www.murthy.com/2019/07/29/ch...ed-green-card/Quote:
Originally Posted by EB22010Dec
Your AC21 portability to switch to a job category that falls within the same or similar job classification kicks in 180 days after you file your I-485 application. Specifically from the USCIS received date captured on your I-485 receipt notice. Using the Ac21 portability provision, you will be able to switch to a new job/employer without having to re-do your PERM and I-140. You will still need to file an updated Form-J supplement for the new job. Hope this helps.Quote:
Originally Posted by EB22010Dec
Separately, after your GC is approved you are pretty much free to do whatever you want. There is no stipulation that is codified via. a law or regulation or an agency procedural guidance!
Friends,
Quick question , After being current if we are not getting GC, when do we (how many days or months) seek for help from Senator or Congress man for help?
I know some people are waiting for months after being current. Just curious to know.
I think we can start calling them right from the first day.Quote:
Originally Posted by 2011Feb
However I would let people work in peace and deliver it in due process time.
Unless you are a 2012 filer, I don't know how you can push for that. I tried with MSC and they asked me to wait 30 months before they can open a request.Quote:
Originally Posted by 2011Feb
Thanks AceMan. Looks like we both are having same PD month (Also in EB3). Let's wait and see . :-)Quote:
Originally Posted by AceMan
My I485 status just changed to RFE sent. Awaiting for RFE, I am sure it is for medicals and supplement J. Priority date 4/2/2010. Any help reg. how to reply supplement J would be helpful. My EAD expires on 8/19 and still pending with TSC.
Quote:
Originally Posted by prabakarb
Cool MY PD is 2010/02/13 still no update
How long is it taking TSC to issue Green Cards once they receive RFE response?
Registered for the text updates? I am yet to do that.Quote:
Originally Posted by 2011Feb
After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.
Welcome to play the patience game!! I have noticed it's taking close to 2-3 months and people getting approved after raising SR and contacting senate and congressional office. Hopefully it doesn't become exponential with priority dates being pushed aggressively.Quote:
Originally Posted by nbk1976
Thank you for the explanation.Quote:
Originally Posted by Zenzone
What if I get GC before the end of 6 months. Can I still switch jobs after 6 months of the 485-received date?
Also for people who have done concurrent filing, how long will it take to get GC if they are current.
I am asking these questions because I have to make big life decisions about moving cities and talking to my management about my career at the company ...For the first time in my career of 15 years in the US, I feel like I am getting the freedom to go say pay-up or pound sand.
Even though I have been pretty aggressive in my career in switching jobs and making companies apply perms(I am on 5th one right now), not having that fear of someone being able to control your destiny by holding a piece of paper is priceless. It's very liberating.
I wish happens to as many people here as possible and we all get out of this purgatory.
Thank you very much in advance.
I believe, I have answered this question in detail. But here's a different take. It is Saturday and I don't want to keep counting the numerous chances that NZ is providing for Rory Burns.Quote:
Originally Posted by EB22010Dec
EB based green card is provided on the basis of offer of employment for a future permanent position. The law requires that the position be permanent (meaning duration is indefinite), however it does not expect you to work forever in the job. If you change job immediately after GC, USCIS may take that as evidence that you never intended to remain and work in the full time position. This might lead to USCIS revoking (or rescinding) the GC.
However, USCIS does not have the manpower to actively keep tabs on what people do after GC. In the N-400 form, you will declare where you worked after GC and for how long. That's how USCIS gets to review your employment after GC unless you show up on their radar for something else (criminal, terrorism, etc.). The one thing an N-400 adjudicator will look for is whether you showed bad faith by not working for the GC employer for a reasonable time.
The reasonable time is not defined anywhere, however based on past legal precedence, attorneys will advise a minimum of six months or six-to-twelve months to be safe. The 5 year clock starts from the day you become PR which is printed on the GC or usually CPO date.
Now here's an additional twist from DOJ EOIR Policy Manual:
So if you apply for N-400 (Naturalization), 5 years after getting GC (not in 4 years 9 months), you are protected from rescission because 5 years have passed. However, if you apply for naturalization in say 4 years 9 months and an AO sends rescission notice within 3 months, the clock would stop immediately. Then you will not be able to get Citizenship and at the same time USCIS cannot take away your GC. You will be somewhere in Swarga (heaven) but not attain Moksha (divine). Basically you will be in legal limbo again.Quote:
In a rescission proceeding, an Immigration Judge determines whether an alien?s status as a lawful permanent resident should be "rescinded," or taken away, because alien was not entitled to become a lawful permanent resident. See generally 8 C.F.R. ? 1246.1 et seq. An alien's lawful permanent resident status may not be rescinded if more than 5 years have passed since the alien became a lawful permanent resident. See INA Article 246(a).
So if you want complete freedom and break away from the cycle of immigration death and rebirth (renewal of GC and voting rights), stay with your GC employer for at least six months after GC.
Boss you are confusing about different things. The AC21 180 day clock is for changing employers (job portability) when your GC is pending. Once GC or LPR is approved it does not matter when you applied or for how long your GC was pending.Quote:
Originally Posted by EB22010Dec
After GC is approved, threre are two more clocks mainly towards becoming a US Citizen.
- A 6 months clock for staying with GC employer and
- A 5 year clock from Department of Justice for Recission proceedings.
Hello experts,
My PD is Feb,2012, and my EB3 I-140 (downgrade) was approved last week under premium processing. Barring this I haven't had any progress on my I485, I-765 case. I have a potential job offer that I declined in Jan-2021 due to compensation reasons, but employer has come back with revised and lucrative numbers. I am in a dilemma right now, whether to take this offer or wait till I get my EAD/GC. I spoke to an independent immigration lawyer (not the one that my employer keeps, because the Frog lawyer has misguided me literally through my entire immigration journey) and their personal (not legal) opinion was to wait a year more (since I have waited 13 years anyway, yeah I started my perm process in 2008 but due to various reasons beyond my control I could only get PERM approved in 2012). They have a good feeling that I may get my GC in 2022. One thing I forgot to ask the lawyer, does changing job right now mean restarting the PERM processing all over again in my case?
Your I-485 was received by USCIS on 11/04/2020. Your I-485 is still pending beyond 03MAY2021 (or USCIS received date + 180 days). AC21 eligibility means that you don't need to do another PERM and I-140, however you need to show that your new job is in the "same or similar" category. Moreover, your underlying I-140 is also approved for the I-485 application. Please make sure that you get a copy of the I-140 approval notice.Quote:
Originally Posted by LightAtEndOfTunnel
Even if the employer requests a revocation of I-140 or the business terminates, an approved I-140 remains valid once I-485 has been pending for 180 days. However, you need a bona fide job offer. If your employer revokes I-140 after 180 days, USCIS will send a NOID as you have not submitted an I-485 Supp J proactively. NOID is not a big deal. You will respond with AC21 job portability and justify "same or similar" category job justification. It is not a simple question of switching, but being prepared for "same or similar" justification that comes with that.
Please read more about AC21 "same or similar" justification. I had always advised people to get a copy of their PERM either through the company or using FOIA. Matching your new job based using underlying PERM description, exponentially increases the probability of I-485 Supp J approval.
For anyone who wants to change employers, my advice is to first wait 180 days to get AC21 eligibility. Then switch before GC is approved and immediately (proactively) file I-485 Supp J. However, once GC is approved stay with your company for at least 6 moths. See my previous post for the reasons.
Hire a good attorney or work with the attorney of the new company on job description and I-485 Supp J justification. The first thing they will ask for is a copy of your PERM. I don't see any issues in changing jobs for your case as long as you put effort to make sure that your "same or similar" justification is perfect.
Good Luck.
Topic:Expedited request
Hi,
I tried to raise an expedited request(ER) via EMMA, but the agent pasted a big paragraph about eligibility criteria for ER.I tried calling the USCIS customer case, but no response.I keep on reading about tier1 and tier 2 agents.How do you reach them? If anyone has had their ER request approved ; what number did you call?
PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.(Received Date:Nov 5, 2020)
Applied for i140 Amendment (company name change): Nov 2020(Received Date:Nov 5, 2020)
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting
Give it about 4 to 6 weeks.Quote:
Originally Posted by nbk1976
I have been requested by the Original Poster (OP) to delete out his contents as that message is no longer valid.
From my personal side, I though I presented the facts and analysis as it is without any sugarcoating. I guess I have to tone down.
Hi Idliman,Quote:
Originally Posted by idliman
What would be your suggestion for the scenario described below:
PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.
I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?
Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?
Yes, I registered for email and text update in USCIS site.Quote:
Originally Posted by AceMan
Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?Quote:
Originally Posted by 2011Feb
EB2-I April 2011 might become FA current in the July VB. It has a very high probability of getting current in the next few bulletins. You are already beyond 180 days from received date of I-485. That makes you eligible for AC21 portability.Quote:
Originally Posted by RVSree
In I-485 Supp J, Part 5 needs to be filed by the employer. Only questions 3 through 10 need business info. They are Business or Organization Name, EIN, Type of Business, Established Date, Current no of US Employees, Gross Annual Income, Net Annual Income and NAICS code. Then your HR will sign. Part 6 is AC21 "same or similar justification" with SOC code. The key is Part 6 where you will attach a separate page with detailed justification of why your new job is same or similar to the I-140/PERM job. Once you match the job tile (even partial is OK) and SOC code more than 50% of the justification is done. You can also take up additional functional roles in new company to make it easier. Other than these I-485 Supp J is an easy form. It is a contract from the company that they are offering you a FT position.
One thing you have to consider is whether you had already submitted I-693 and complete Birth Certificate data? Basically are you confidant that there will be no RFE for these items? If you have a chance of getting RFE, then submitting I-485 Supp J proactively is better. It will generate an RFE once the review of Supp J had completed.
I don?t know how long it takes to approve GCs now. I had stopped following tracking sheets. If I am in your position, I would negotiate a good job offer and may switch. It depends on whether the new job is my dream job or not. Also I would make sure that your new job matches GC / PERM job description. Before joining make a deal with the new company asking them to file I-485 Supp J immediately and proactively. Then start working with your existing attorney or new attorney and complete I-485 Supp J as soon as possible. Don?t be afraid to spend money. As you had seen above, the company part is just a few details. The attorney is paid to justify "same or similar", however your input is very important as the PERM job is suited to your skillset and you will know where the justification lies. And you should stay in the GC job for 6 to 12 months after getting GC.
If you want to avoid all of the above and are happy to wait one more year before switching jobs, that is perfectly fine and a wise decision too. By next summer, it would have been at least 6 months since you got your GC and are ready for N-400.
So whether to switch or not is your personal decision. However, I have presented the thought process to help you out. Good Luck.
The following is a good site to find out the processing at Field Offices.Quote:
Originally Posted by srimurthy
Latest Green Card Processing Times (greencardly.com)
The following site looks at the vicinity of a particular series of receipt numbers. That might help to get some data on approvals.
Nagesh - Profile | Tableau Public
https://public.tableau.com/app/profi...te/I-485Status
https://public.tableau.com/app/profi...rovalsbyStatus
How is everyone coping having waited for a few months with FA dates being current? Have the rate of approvals increased recently or they have remained more or less that same in the last few months?
While I can't give you an exact count, I can assure you that there are still lots of people with 2009 PD that haven't received an approval yet. Forget about approval, there are several with Jul/Aug/Sep-09 PD who haven't received an RFE yet. You can check some of the Trackitt posts or the google sheet trackers that they maintain for an idea about the trend.Quote:
Originally Posted by srimurthy
In my opinion, approvals are only trickling in. I am still waiting for RFE after being current for seven months and there are several others who never received any RFE whatsoever since 2012.Quote:
Originally Posted by idliman
Meanwhile, people in July/Aug 2010 are getting green cards. The whole system is a shiteshow.Quote:
Originally Posted by ak7419
It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.
So if we haven't made progress and cleared 2009 in the first three quarters, there is very little chance that most will be cleared and approved in the last quarter.Quote:
Originally Posted by rsnake
It may look like we can waste around 75 to 100 K visas and its been 8 months and so and people are not even getting EAD's. Earlier we were thinking the efforts may be consolidated to get the GC directly and now that seems to too slow
Mine in at MSC with a PD of Nov, 2009.Quote:
Originally Posted by rsnake
Filed in October, 2020.
No EAD.
No GC!
So, not just TSC.
Check what is your Notice Date. From my research it looks like they have given up on trying to process by PD as it's probably near impossible to sort the paper apps. My application reached MSC on Oct 9 with a Notice Date of around Nov 12th and I had to expedite the EAD/AP. Last I checked a few days back, approvals for coming in for people who had a Notice Date in the first week of November. If you filed on Oct 20th, then it's possible your Notice Date is in Dec/Jan and it may take some time to reach that.Quote:
Originally Posted by Kesid23