EB2-3 Predictions (Rather Calculations)

Printable View

Show 40 post(s) from this thread on one page

06-07-2021, 01:00 PM
qriousjunta

Quote:

Originally Posted by RVSree

Hi 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?

I am in the similar situation.
PD : June 2010 EB2-India
Been current since April 2021. Got fingerprint done in March 2021.
Received receipt notice for I-485J last week for the 485 , 765, 131 packets sent back in October 2020.No EAD yet.
Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays or file an H1 transfer ?
06-07-2021, 01:10 PM
Kesid23

Quote:

Originally Posted by Turbulent_Dragonfly

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.

Our notice date is 11/3/2021.
06-07-2021, 01:14 PM
Turbulent_Dragonfly

Quote:

Originally Posted by Kesid23

Our notice date is 11/3/2021.

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.
06-07-2021, 01:57 PM
rsnake

Quote:

Originally Posted by Turbulent_Dragonfly

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.

It might be because of the officer assigned, them being slow or fast and also other caseload on their hands.
06-07-2021, 01:59 PM
rsnake

Quote:

Originally Posted by Kesid23

Our notice date is 11/3/2021.

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!
06-07-2021, 02:54 PM
RVSree

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?
06-07-2021, 03:02 PM
montyp80

Quote:

Originally Posted by may2011

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

I am going to share my experience:

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 as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.
06-07-2021, 03:25 PM
montyp80

Quote:

Originally Posted by AceMan

Registered for the text updates? I am yet to do that.

After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.

You should check out this app called 'Lawfully'. You can add all your cases and manage everything from one place. It gives you updates even before you receive text notification or email from USCIS directly. My case status updated to 'Card ordered...' and yet to receive any communications (email or text) from USCIS.
06-07-2021, 04:57 PM
RVSree

Quote:

Originally Posted by idliman

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.

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.

Thanks Idliman for your inputs which will be useful to other members too in this forum. Also, I have a follow-up question for you.

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?
06-07-2021, 05:00 PM
h1bh1bh1b

Quote:

Originally Posted by RVSree

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

Birth certificate issue date doesn?t matter! Government has the record of birth and has issued and it is valid. But have they issued with proper first name last name format? If not then you need signed affidavit! I had similar issue and got GC with affidavit.
06-07-2021, 05:53 PM
Kesid23

Quote:

Originally Posted by rsnake

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!

I was impressed with the fact that I received the medical RFE in March ,2021, the month when my date became current.
I have also been seeing quiet a few GCs getting approved within a month of responding to RFEs.

I do think the code 2/ code 3 mess up for my derivative may have screwed me over !!

The waiting game continues?.
06-07-2021, 06:25 PM
may2011

thanks for sharing!
06-07-2021, 06:26 PM
may2011

Quote:

Originally Posted by montyp80

I am going to share my experience:

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 as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.

thanks for sharing...I am trying to convince them to schedule biometrics..spouse's H4/H4 EAD had been pending since June 2020.Raised aSR and the response was that they are waiting for biometrics.I have no idea who schedules biometrics
06-08-2021, 07:18 AM
gsingh

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.
06-08-2021, 08:51 AM
idliman

Expediting EAD/AP

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)
06-08-2021, 09:13 AM
srimurthy

Quote:

Originally Posted by RVSree

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

You can check and read the whole Birth and Marriage Certs discussions and affidavit formats and everything on the forum here
https://www.qesehmk.org/forums/forum...th-Certificate
06-08-2021, 12:32 PM
LightAtEndOfTunnel

Quote:

Originally Posted by idliman

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)

Couldn't agree with you more Idliman. My wife is a doctor. A lot of residency programs are only open for citizens or permanent residents. Unlike engineering, medical colleges have like 6 or 7 seats for residencies per year so competition is super fierce and imagine you are not even eligible to apply at 50% of the institutions because of your visa status. Some medical colleges also have different tuition rates for foreign student (this is different from out of state tuition) and permanent residents and this is not a difference of $10/20K. This is like paying 200K / year vs paying 30K / year. Yes I am not joking.
06-08-2021, 01:28 PM
1312011_eb2I

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?
06-08-2021, 05:08 PM
gsingh

Quote:

Originally Posted by gsingh

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.

Thanks idliman. Per usual very helpful.

So I summited an expedited request with USCIS over the phone this morning for I-765.
I just now got an email inquiry from USCIS and they mistakenly created the ER for I-485 and are requesting additional information. My PD(4/2012) is not even current for FAD.
I assume ER was created mistakenly for I-485 when I requested it for I-765 and provided the receipt number.
Has this happened with anyone else ?

Should I respond to the inquiry and clarify that ER was for I-765. Or let this expire and submit a new one for I-765 ?
06-08-2021, 08:19 PM
LeoAugust

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.
06-08-2021, 08:29 PM
ImmiGiveMe

Quote:

Originally Posted by Kesid23

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

Seems June is the month of cases at "National Benefits Center".. on trackitt the approvals in june are more from this center.
06-09-2021, 08:04 AM
qesehmk

Quote:

Originally Posted by LeoAugust

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.
06-09-2021, 08:43 AM
incredible

Quote:

Originally Posted by 1312011_eb2I

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?

The processing times these days after FA is current can range anywhere from 2 weeks to 9 months. There are people who have the FA current back in October of 2020, but never got GC. There is no logic whatover right now with the way USCIS is processing. I think trackitt folks have tried to do some reasonable measure through RFE, RFER, RFE issuing Officer, RD, PD. But there are just too many variables. The one advice could be, if an RFE is received, try to send it back as soon as possible. I turned out to be one of the few lucky guys who got it in 2 weeks after being current. I can attribute that to my attorney who insisted in sending the RFER within 2 weeks of receiving it.
06-09-2021, 11:00 AM
LeoAugust

Quote:

Originally Posted by qesehmk

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?
06-09-2021, 11:50 AM
mr00us

new policy

Some interesting USCIS policy updates ....
https://www.uscis.gov/sites/default/...horization.pdf
06-09-2021, 12:54 PM
Turbulent_Dragonfly

Quote:

Originally Posted by LeoAugust

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

I would be very careful with this. Volunteering is fine when it is providing some service to non-profits like food banks, relief during disasters, volunteering to spruce up the local public school etc (I regularly do this). The moment you start providing "free labor" to a for-profit company who can use that essentially to make a profit, then you can get in trouble. I think of it as if you provide free service like attending meetings/providing suggestions which enhances the productivity of the company, then automatically you are providing services for free while someone (even yourself with another H1) could have been paid for doing that.
06-09-2021, 12:58 PM
LightAtEndOfTunnel
New policy update from USCIS: https://www.uscis.gov/news/news-rele...ation-services. Notable changes are:
- Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
- USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.
06-09-2021, 02:18 PM
newsletter1978

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals
06-09-2021, 03:11 PM
rsnake

Quote:

Originally Posted by newsletter1978

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals

There is a separate thread for this https://www.qesehmk.org/forums/showt...ter-485-filing
06-09-2021, 03:25 PM
rsnake
Quote:
Originally Posted by LightAtEndOfTunnel

New policy update from USCIS: https://www.uscis.gov/news/news-rele...ation-services. Notable changes are:

Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.
Both good steps, but no immediate relief for pending GC applications. The first one will help to reduce USCIS caseload starting one+ year down the line. Second one I believe was applied more to H1 approvals.

The big one that I am hoping and waiting for is to reverse the 2017 memo to have all EB GC applicants show up for interview. After covid started they unofficially started waiving it, but I think with Covid cases going down and most people getting vaccinated this rule will start getting applied again, delaying GCs atleast by 5 more months(current timeframe for getting interviews). Take it with a grain of salt, but heard rumors that San Jose field office started scheduling more people for interviews for EB cases.

Long shot but also hoping that USCIS will implement premium processing for EADs and I-485s that Congress gave it clearance for in Oct last year.
06-09-2021, 05:55 PM
qesehmk

Quote:

Originally Posted by LeoAugust

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.
06-09-2021, 07:07 PM
prabakarb

I just received my RFE today for my 485 processing. RFE is for 485J and Medicals for me and for my wife medicals. Can someone help me on how to respond 485J? I am familiar with AC21 but 485J is new to me.

PD: 4/2/2010 EB2, TSC. Officer: XM1410
06-09-2021, 08:30 PM
shaisri

I had previously asked for help because uscis kept ignoring our priority date on I-485 which is 01/07/2010 and kept looking at the filing date in the i140 as the priority date. Because of this they refused to pick our case up despite several SRs raised. Now in may we became current even by that wrong date but ofcourse we are far behind in the queue.
We have approached our congressman on help with expediting and they have said they will help . Let?s see if anything moves
06-09-2021, 09:49 PM
LeoAugust

Quote:

Originally Posted by qesehmk

Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.

No. Not from that entity. Probably after 2-3 years.... yes.
06-10-2021, 12:12 AM
Sebiswaiting

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showt...2684#post82684
06-10-2021, 09:23 AM
gammaray

Quote:

Originally Posted by Sebiswaiting

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showt...2684#post82684

Typical h1b premium adjudication time (at least in the recent past) has been 8 -10 calendar days. A SR to correct the employer name may restart the clock, so maybe give it another 10 calendar days? I am guessing ofcourse.
06-10-2021, 09:29 AM
gammaray

Quote:

Originally Posted by LeoAugust

No. Not from that entity. Probably after 2-3 years.... yes.

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.
06-10-2021, 09:40 AM
delguy

Quote:

Originally Posted by gammaray

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.

On a different note, if I am not wrong LeoAugust has filed AoS in Oct 2020, if the user waits for EAD, there shouldnt be any issue working voluntarily or paid
06-10-2021, 11:52 AM
LRT_INDIA

Hi Mates,

Need your suggestion on my case.

PD: 29th September, 2011 in EB-2
Filed: EB-2 to EB-3 downgrade on 29th October, 2020 along with I-485, I-765 and I-131 and waiting for my I-140 in EB-3.

Planning to request premium processing for my EB-3 I-140 since it is pending for more than 7 months. My case went to Nebraska where my previous EB-2 140 approved

I moved to new employer in July 2021 and Perm process started 2 months back. My previous employer is co-operative and they are open torehire after I-485 approved. I am also willing to join back them after my case approved.

Do I need to need to move back to my previous employer now or I can work with current employer until my I-485 approved?

Thanks for your guidance.

Regards,
Laxmi
06-10-2021, 01:38 PM
abcx13

Live tweeting from USCIS and DoS AILA Panel -
https://twitter.com/LilySAxelrod
https://twitter.com/gsiskind

Show 40 post(s) from this thread on one page