EB2-3 Predictions (Rather Calculations)

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Originally Posted by racharox

Just a question - If 485J is submitted once along with initial 485 submission, will there be a need to resubmit 485J again at later point?

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Depends upon how long before it was submitted. If it was not too long ago then not required. In any case, USCIS will issue RFE and ask for it along with medical, if they feel that it has been some time. Or, they will simply ask in the RFE, if you continue the employment with your employer or submit 485J if changing.

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Originally Posted by mesimba

Folks,


My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

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Mesimba,

Hearty Congratulations to your family and you.
What was the officer# who issued your RFE (Should be at the last page of the RFE with the name).
Mine is 134 and still waiting to send the RFE response ...

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Originally Posted by Moveon

Hi Mesimba,
Congrats on Getting greened and agree that we need to enjoy the time with our family . I have the same history as yours (I am in NSC ) and responded to the RFE in Jan. Currently my status says that the response to RFE was received in Jan.
In your case what were the state transitions and when did it change from "RFE received" and what was the next state?

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@moveon, please be patient. your turn will also come.

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Originally Posted by racharox

Just a question - If 485J is submitted once along with initial 485 submission, will there be a need to resubmit 485J again at later point?

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GC is given for a future job. While doing PERM, you put your signature in ETA 9089 form saying that your info (education) and past experience are true and correct. Then while submitting I485 Supp J (first time), you sign saying that you intend to accept the job offer. The employer signs saying that they offer you the job. So GC is provided based on a contract between you and the employer.

Now, anytime you change a job it is preferable to submit a new I485 Supp J and let USCIS review the job for AC21 portability provision. In reality, some people change jobs multiple times before their GC is adjudicated. So most attorneys will say that wait for a RFE from USCIS and then submit I485 Supp J. Moreoever, there is no requirement in the law that everyone should submit I485 Supp J proactively or everytime one changes a job using AC21. It is the last job that you work before getting the GC that matters. This is just a choice issue. You want to think that every job is your last job before getting GC (OR) actually wait for FA dates to be current and then do a I485 Supp J.

Now that we have straightened the whole GC process, USCIS can ask anytime a) for simple confirmation that you intend to work in the GC job (after getting GC) or b) ask for a new I485 Supp J. USCIS should NOT approve any GC without making sure that this contract is clear to them. But sometimes they do approve GCs without confirming this contract or assume that you are going to work for the PERM employer. While this may cause headaches later on during N400, most people just don't pay attention to it. USCIS having to deal with millions of illegal immigrants and huge rush of applicants, simply does not have the resources to come after you. Simply you are a small fish and they have much bigger fish to fry.

If it was me, I would submit Supp J and want to get GC based on the job that I am going to work on after getting GC for a "reasonable" time.

Hope this helps.

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Originally Posted by Pundit Arjun

Mesimba,

Hearty Congratulations to your family and you.
What was the officer# who issued your RFE (Should be at the last page of the RFE with the name).
Mine is 134 and still waiting to send the RFE response ...

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Mine is 375

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Originally Posted by idliman

GC is given for a future job. While doing PERM, you put your signature in ETA 9089 form saying that your info (education) and past experience are true and correct. Then while submitting I485 Supp J (first time), you sign saying that you intend to accept the job offer. The employer signs saying that they offer you the job. So GC is provided based on a contract between you and the employer.

Now, anytime you change a job it is preferable to submit a new I485 Supp J and let USCIS review the job for AC21 portability provision. In reality, some people change jobs multiple times before their GC is adjudicated. So most attorneys will say that wait for a RFE from USCIS and then submit I485 Supp J. Moreoever, there is no requirement in the law that everyone should submit I485 Supp J proactively or everytime one changes a job using AC21. It is the last job that you work before getting the GC that matters. This is just a choice issue. You want to think that every job is your last job before getting GC (OR) actually wait for FA dates to be current and then do a I485 Supp J.

Now that we have straightened the whole GC process, USCIS can ask anytime a) for simple confirmation that you intend to work in the GC job (after getting GC) or b) ask for a new I485 Supp J. USCIS should NOT approve any GC without making sure that this contract is clear to them. But sometimes they do approve GCs without confirming this contract or assume that you are going to work for the PERM employer. While this may cause headaches later on during N400, most people just don't pay attention to it. USCIS having to deal with millions of illegal immigrants and huge rush of applicants, simply does not have the resources to come after you. Simply you are a small fish and they have much bigger fish to fry.

If it was me, I would submit Supp J and want to get GC based on the job that I am going to work on after getting GC for a "reasonable" time.

Hope this helps.

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Thanks a lot idliman for your inputs. Always helps getting inputs from folks like you guys.

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Originally Posted by mesimba

Folks,

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.

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@mesimba,

I can understand your feelings. Things are bittersweet. But you are wise to be thankful for your American journey and the life.

Your advice above is exactly why we run this forum and try to make people's journey just a little bit easier.

I am really happy for you and your family. Enjoy your freedom and I wish it breathes new life in your creativity and aspirations.

Once a while keep visiting and help others to the extent it makes you happy!

Have fun.

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Originally Posted by mesimba

Folks,

I have been a silent member on this forum...and have benefitted immensely from this forum and all the expert advice from the experts here... Q, AceMan, Idliman just to name a few.

My journey in this country started almost 17 years back, with a couple of times on the verge of leaving everything behind and going back to my home country.

I had my share of very highs getting multiple promotions but then to lose it all due to the company shutting shop and coming back to square one. Some personal tragedies/trials/ tribulations and opportunities by passed, if I would have had the GC the life trajectory could have been very different.

But no complains... I am extremely happy that this is the way it had to happen. In the process I learnt a lot not just about this process but more so about my own self.

Today we got the card approval for myself and spouse.

Looking for a new life post GC and ability to work and innovate fearlessly while contributing to this country and my own growth as an individual.

My advise to those still stuck, GC is just one aspect of life focus on many many other things... work on your passions and whatever you can do outside of your job. Give more time to family and your own passions.

Good luck to all... may everyone get greened soon!!!

My Timeline:
2004: H1B
PD: Dec 2009: EB2I
I-485 filed in 2012
RFE: Aug 2018, Jan 2021
Card Production Ordered: March 10, 2021

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Originally Posted by mesimba

Thanks NSC

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Congratulations

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Originally Posted by qesehmk

@mesimba,

I can understand your feelings. Things are bittersweet. But you are wise to be thankful for your American journey and the life.

Your advice above is exactly why we run this forum and try to make people's journey just a little bit easier.

I am really happy for you and your family. Enjoy your freedom and I wish it breathes new life in your creativity and aspirations.

Once a while keep visiting and help others to the extent it makes you happy!

Have fun.

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Thanks for your kind words... Yes of course will be glad to pitch in it will be hard to get off of it :-)

Question for the experts:
Can I open my own company on an I485 EAD ? (Assuming 6 months have passed since filing, and I will be working in same field etc. )
Any pitfalls, does anyone have any experience ?

This question applies to all first-time filers in Oct 2020 and beyond who got current in the March bulletin. For most, the cases are still sitting at the NBC (assumption - as biometrics still being done or very recently done for most). Once in the clear, meaning once bio is done, medicals submitted originally in Oct 2020, no RFE's to be sent for anything else - does NBC have authority to OR do they approve the 485 OR they defintely transfer the case to local Field office and the case will work at its own pace? For most field offices, processing time is upwards of 12 months.

Please share your knowledge / insights.

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Originally Posted by newyorker123

Question for the experts:
Can I open my own company on an I485 EAD ? (Assuming 6 months have passed since filing, and I will be working in same field etc. )
Any pitfalls, does anyone have any experience ?

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Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

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Originally Posted by mesan123

Congratulations

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Congratulations to see you at the finish line of a long journey as a temp immigrant in US for 16-17 years!!!

Hope rest of us here are not far behind.

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Originally Posted by qesehmk

Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

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Self-employment is clearly permitted in the written guidance to adjudicators, but their main questions will still be whether the job is in the same or similar line of work, and more than the ability to pay (yourself) the full prevailing wage, their main line of inquiry will be whether you will become a public charge.

Here is the text from the field manual for adjudicators:

With respect to porting to self-employment, all other eligibility requirements must be satisfied. First, as with all other portability determinations, the employment must be in a same or similar occupational classification as the job for which the original petition was filed. Second, the adjustment applicant should provide sufficient evidence to confirm that the applicant?s business and the job offer are legitimate. If the submitted evidence is insufficient to confirm the legitimacy, or the officer identifies fraud indicators that raise doubts about the legitimacy of the self-employment, the officer may request evidence to show that the self-employment is legitimate. Third, as with any portability case, USCIS focuses on whether the petition represented the truly intended employment at the time of the filing of both the petition and the adjustment application. This means that, as of the time of the filing of the petition and at the time of filing the adjustment application (if not filed concurrently), the original petitioner must have had the intent to employ the beneficiary, and the beneficiary must also have intended to undertake the employment upon adjustment.[19] Officers may take the petition and supporting documents themselves as evidence of such intent, but in certain cases requesting additional evidence or initiating an investigation may be appropriate.

Source: https://www.uscis.gov/policy-manual/...rt-e-chapter-5

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Originally Posted by nbk1976

Self-employment is clearly permitted in the written guidance to adjudicators, but their main questions will still be whether the job is in the same or similar line of work, and more than the ability to pay (yourself) the full prevailing wage, their main line of inquiry will be whether you will become a public charge.

Here is the text from the field manual for adjudicators:

With respect to porting to self-employment, all other eligibility requirements must be satisfied. First, as with all other portability determinations, the employment must be in a same or similar occupational classification as the job for which the original petition was filed. Second, the adjustment applicant should provide sufficient evidence to confirm that the applicant?s business and the job offer are legitimate. If the submitted evidence is insufficient to confirm the legitimacy, or the officer identifies fraud indicators that raise doubts about the legitimacy of the self-employment, the officer may request evidence to show that the self-employment is legitimate. Third, as with any portability case, USCIS focuses on whether the petition represented the truly intended employment at the time of the filing of both the petition and the adjustment application. This means that, as of the time of the filing of the petition and at the time of filing the adjustment application (if not filed concurrently), the original petitioner must have had the intent to employ the beneficiary, and the beneficiary must also have intended to undertake the employment upon adjustment.[19] Officers may take the petition and supporting documents themselves as evidence of such intent, but in certain cases requesting additional evidence or initiating an investigation may be appropriate.

Source: https://www.uscis.gov/policy-manual/...rt-e-chapter-5

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Thanks and yes. But IMHO "same similar" in your own business is very simple to prove. All you have to do is create a portfolio of products and services that you are offering to your customers. But to me viability will be the key question. USCIS can still say if this company can support you and whether you will become a public charge. And thus a safe way to do this could be to have at least a couple of hundred thousands capital sitting in this company's bank account and withdraw salary from it.

I'd say consult a lawyer - that 500-1000 bucks will be worth it if anybody is seriously considering this.

Dropbox eligibility for non immigrant visa is expanded to 48 months and extended till 12/31/2021. This is a great relief for lot of people planning to travel.

https://travel.state.gov/content/tra...igibility.html

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Originally Posted by mesimba

Mine is 375

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he is approving nicely, saw other approvals from him.

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Originally Posted by Transformer

Dropbox eligibility for non immigrant visa is expanded to 48 months and extended till 12/31/2021. This is a great relief for lot of people planning to travel.

https://travel.state.gov/content/tra...igibility.html

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They are likely gearing up to process the mindboggling number of Immigrant Visas.

Long time reader (since 2012 probably) first time posting here.. First, would like to thank Q, Spec, Idliman.. and everyone on this forum. I know there are a lot more folks who have helped and guided ppl like me over the years.. great job by mods and contributors!
My PD is Jun 2010 and finally was able to file for 485 this past Oct and got EAD/AP now. Feels like a major milestone in this really long and arduous GC journey..

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Originally Posted by qesehmk

Thanks and yes. But IMHO "same similar" in your own business is very simple to prove. All you have to do is create a portfolio of products and services that you are offering to your customers. But to me viability will be the key question. USCIS can still say if this company can support you and whether you will become a public charge. And thus a safe way to do this could be to have at least a couple of hundred thousands capital sitting in this company's bank account and withdraw salary from it.

I'd say consult a lawyer - that 500-1000 bucks will be worth it if anybody is seriously considering this.

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Thanks Q and nbk1976!

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Originally Posted by 3nov10

Congratulations on getting EAD. Hopefully we will be celebrating getting a better card soon :).

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My lawyer informed me that my application is picked up for audit. Just my luck.

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Originally Posted by 3nov10

My lawyer informed me that my application is picked up for audit. Just my luck.

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What do you mean by audit? What does it entail?

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Originally Posted by ak7419

What do you mean by audit? What does it entail?

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Perm audit? Additional 4m time

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Originally Posted by H1b2006

Perm audit? Additional 4m time

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Yes at the minimum. DOL website shows it is processing audit cases from March2020. Mine is from July 2020.

Pro tip: processing time doesn't move with calendar month. It is way slower.

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Originally Posted by qesehmk

Anybody can open a business in US, no need for any visa whatsoever.

But you can only employ people with valid work authorization of some kind. So yes you can be employed in your own business.

The key question you seem to be asking is if you can be employed in a business with no revenues.

The answer is - technically yes. But USCIS can very well deny 485 because the company is not viable. But as far as legality is concerned, this seems legal to me. USCIS will be hard pressed to accuse you of fraud because the person in question can always claim he intended to grow his company in ---- "whatever same or similar occupation".

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There is some difference in type of business you can open as an USC or Green Card holder

C corps have no limits on how many people and who can own shares.
S corps are limited to 100 shareholders who must be U.S. citizens or residents.