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Thread: EB2-3 Predictions (Rather Calculations)

  1. #2651
    Quote Originally Posted by kumareb2 View Post
    Thank you. Its a long journey. My GC process started in 2007 october, and the day my petion was about to be filed the first layoff in our goup happend. The company's HR told me to wait for another 6 months, again, same thing happend till dec 09. Every quater i was happy because i had a job, and un-happy because due to layoffs in the compnay no GC filing...Finally they applied in dec'09.
    Congrats on your GC. Wish you all the best. Enjoy the greened life.
    PD: EB3-I 24 Feb-2011
    I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
    I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21

  2. #2652
    Quote Originally Posted by Wizoz2 View Post
    I got current recently and my service center is TSC, beginning to feel frustrated with the wait for RFE already. I can totally get why people with late 2009 PDs are so frustrated when NSC is approving cases left , right and center. Am thinking of reaching out to my member of congress if nothing happens within 90 days. Feel sorry for the guys waiting to hear back for the last 6 months or more.
    I am waiting to get a callback from L2 agent about my case which is in TSC. I don't have high hopes that L2 agent will have anything different but if that does not work I am going to approach my congresswoman and explain her clearly the current situation.
    TSC; EB2-I: PD: 17-SEP-09; I-485 RD: 25-APR-12

  3. #2653
    Quote Originally Posted by qesehmk View Post
    Caught off guard due to COVID. Most FB are indeed CP cases. But think about it, the USCIS still has to process them as immigrants at some point of time. Those numbers are in millions. So they definitely have some extra bandwidth now that they are not processing those millions. So this is the bull case for visa utilization. But as I said the 485 times worry me. And i am almost certain they are going to waste visas. Only question is to what degree!
    Just hypothetically speaking let's say that with the same speed at which USCIS processed applications last year they also process this year. If that's the case, until which priority date applications will get greened for sure in EB2 & EB3 category - I bet this should be the worst case scenario & bottomline for FY 2021.

  4. #2654
    Quote Originally Posted by ak7419 View Post
    I am waiting to get a callback from L2 agent about my case which is in TSC. I don't have high hopes that L2 agent will have anything different but if that does not work I am going to approach my congresswoman and explain her clearly the current situation.
    I guess reaching out to customer service is the first step. They technically do not add any value, when they provide poor or no responses. Then there is an additional 90 day wait before reaching out to Member of congress correct? Cannot open an inquiry directly via member of congress?

  5. #2655
    Any thoughts? Apologies if this is too silly a question to gather any hits at all. Thanks anyway.

    Experts: I am (EB2I, PD March 2010) in an interesting situation where I have responded to the RFE incl. Supp J, but have another attractive offer now from another employer (same job class/code). Can I switch jobs while they are working on my case since I am current in April bulletin? Thanks for the comments.

  6. #2656
    Long time lurker on the forum. I hate asking personal questions, but need help.

    My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.

    When you think, things are going your way, life has a way to throw spanners.

  7. #2657
    Sophomore
    Join Date
    Sep 2020
    Location
    Michigan
    Posts
    44
    Question on working on EAD.

    Till yesterday , I thought I keep working with my employer after receiving EAD because if the EB3 moves ahead of 2011 March, I can downgrade to EB3 to get GC early.
    Now , I dont think that is necessary anymore because of the expected spilloved to eb2 and confirmed by Charlie O.

    If that is the case, Can I starting working on EAD and be on two different W2s ?
    Any pitfalls in this scenario ?.Can anyone in the group who has been independent consulting on EAD throw some light?
    PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21

  8. #2658
    Quote Originally Posted by sk.aggarwal View Post
    Long time lurker on the forum. I hate asking personal questions, but need help.

    My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.

    When you think, things are going your way, life has a way to throw spanners.
    Did you move from an IC to Manager ? What is the transition ? . Many here have been through transitions w/o having to refile . One of us would have been through the same situation

  9. #2659
    Quote Originally Posted by 3March2010 View Post
    Any thoughts? Apologies if this is too silly a question to gather any hits at all. Thanks anyway.

    Experts: I am (EB2I, PD March 2010) in an interesting situation where I have responded to the RFE incl. Supp J, but have another attractive offer now from another employer (same job class/code). Can I switch jobs while they are working on my case since I am current in April bulletin? Thanks for the comments.
    Not a lawyer but personally I would have taken new job offer. As many other expert has suggested don't proactively file for Supp-J. There is a good chance you will get your GC without doing anything further. Worst come to worst there is another RFE then your future firm needs to step-in. As job code is same, I don't see any issue with them supporting your GC case.

  10. #2660
    Quote Originally Posted by monsieur View Post
    Not a lawyer but personally I would have taken new job offer. As many other expert has suggested don't proactively file for Supp-J. There is a good chance you will get your GC without doing anything further. Worst come to worst there is another RFE then your future firm needs to step-in. As job code is same, I don't see any issue with them supporting your GC case.
    Once you have responded to the RFE then the chances of getting an RFE on that is super rare unless there is a big screw up . Here is what I would do
    1. Ask this new employer if they can wait till Apr end. You most likely will get your GC approved by then .
    2. Else Move to the new job and don't file Supplement-J as its not mandatory .

    Are you a 2012 filer
    Last edited by Moveon; 03-18-2021 at 08:20 PM.

  11. #2661
    Quote Originally Posted by sk.aggarwal View Post
    Long time lurker on the forum. I hate asking personal questions, but need help.

    My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.

    When you think, things are going your way, life has a way to throw spanners.
    Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
    PD: EB3-I 24 Feb-2011
    I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
    I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21

  12. #2662
    Quote Originally Posted by AceMan View Post
    Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
    Aceman, even for 485J, aren’t the job duties supposed to be similar?

  13. #2663
    Quote Originally Posted by sk.aggarwal View Post
    Long time lurker on the forum. I hate asking personal questions, but need help.

    My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.

    When you think, things are going your way, life has a way to throw spanners.
    If this is promotion in the same line of work - you have no problem whatsoever. I went from analyst to director long long time back and GC was not affected. So telling you first hand. All the best.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  14. #2664
    I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?

  15. #2665
    Quote Originally Posted by moonlight View Post
    I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
    Once your GC is approved you can Fly . No need to wait for 180 days to expire.

  16. #2666
    Quote Originally Posted by AceMan View Post
    Your date would be current in the May bulletin. Even if you manager says yes to significant change, you don't have to refile as you already have 485 pending. All you require would be another 485 J
    If it is the same employer , they can keep the job duties same for a while as they could let you overlap . Never seen any issue with employers on that

  17. #2667
    Quote Originally Posted by Moveon View Post
    Once your GC is approved you can Fly . No need to wait for 180 days to expire.
    Moveon, I think people need to wait as per Murthy. Please see the excerpt from the website. "Thus, once the green card is approved, the beneficiary is expected to work in the sponsored position for a reasonable period of time. This applies regardless of whether, or for how long, the individual worked in the sponsored position prior to receiving the green card."

    https://www.murthy.com/2019/07/29/ch...ed-green-card/

  18. #2668
    Sensei
    Join Date
    Jul 2020
    Location
    United States
    Posts
    54
    Quote Originally Posted by sk.aggarwal View Post
    Long time lurker on the forum. I hate asking personal questions, but need help.

    My priority date is June 2010 on H1. My employer applied I-485 November 1st. Last week I got promoted and HR is asking my manager for confirmation if my job duties have changed significantly. Although original job duties were generic but still there has been a decent change. Need help to understand if my manager responds "yes" - Will we need to re-file H1 perm and perm/i140/485 etc.

    When you think, things are going your way, life has a way to throw spanners.
    If you are with different employer old perm duties soc code doesnt matter

    If with same employer better be inline with perm duties

  19. #2669
    Quote Originally Posted by qesehmk View Post
    If this is promotion in the same line of work - you have no problem whatsoever. I went from analyst to director long long time back and GC was not affected. So telling you first hand. All the best.
    Thanks Q, Aceman and friends for your prompt response. I have been with same employer for last 10 years. Got promoted from individual contributor to manager. Will try to convince my new boss to attest that job duties are still similar. Worried if he responds to HR that they are not, what all it will trigger. I am sure Fragomen will love the opportunity to refile all paper work and make another 10K.

  20. #2670
    Quote Originally Posted by moonlight View Post
    Moveon, I think people need to wait as per Murthy. Please see the excerpt from the website. "Thus, once the green card is approved, the beneficiary is expected to work in the sponsored position for a reasonable period of time. This applies regardless of whether, or for how long, the individual worked in the sponsored position prior to receiving the green card."

    https://www.murthy.com/2019/07/29/ch...ed-green-card/
    I have read that article but when there is nothing in the law that states how long one needs to stay at the job how do you enforce it? Why 180 and not 365 days. Honestly the USCIS has no resources to look into this. There are people who come in some categories and get citizenship when there is so much evidence of fraud but the USCIS looks the other way . Employment is the the cleanest of all, so why fear. We pay crazy taxes, don't break any law but live in fear .
    I know of people who have quit in a couple of months and had no issues with the Citizenship.
    I respect Murthy.com but when they say "Anyone considering a job change shortly after approval of a green card may wish to consult first with an experienced immigration attorney." looks like they are hoping for a client.

    We somehow are so risk averse that we always assume the worst case and miss out on opportunities . After I got my EAD in 2012 , I never got my HIB that expired that year. Switched jobs on EAD. Submitted Supp-J only when the RFE came the last 2 times. Moved from IC to Management without the refiling (I still do 75% technical so did not bother ) while so many told me to wait. Had I done that would have missed on so many opportunities .

    Nothing Ventured Nothing Gained .

  21. #2671
    Quote Originally Posted by sk.aggarwal View Post
    Thanks Q, Aceman and friends for your prompt response. I have been with same employer for last 10 years. Got promoted from individual contributor to manager. Will try to convince my new boss to attest that job duties are still similar. Worried if he responds to HR that they are not, what all it will trigger. I am sure Fragomen will love the opportunity to refile all paper work and make another 10K.
    HI SK,
    Fragomen will tell you not to refile . Let me tell you by experience. I joined a new emp about 4 years ago as an IC and moved to Manager . BAL was the firm told me that as my job was 80% technincal no need to refile . Got RFE and responded with Meds and Supp-J. The USCIS never got back.
    After 8 months quit and joined another firm as an architect but did not file Supplement-J. In 2 months an opportunity came in the same team and I was offered Sr Manager . I took it up and this time Fragomen said that as it was just an additional responsibility to the architect's position no need to refile . The two biggest firms said that there was no need to refile as only new responsibilities were added to existing ones . I still code and architect .
    Responded to the RFE 2 months ago. I will let you know on what happens once I hear back. I am Dec 2009 so might hear back soon. I am not worried, will deal with it if they raise an issue . Fragomen was very confident of not refiling . they said "no issue" and also sent am email from the main lawyer after review

  22. #2672
    Quote Originally Posted by Moveon View Post
    HI SK,
    Fragomen will tell you not to refile . Let me tell you by experience. I joined a new emp about 4 years ago as an IC and moved to Manager . BAL was the firm told me that as my job was 80% technincal no need to refile . Got RFE and responded with Meds and Supp-J. The USCIS never got back.
    After 8 months quit and joined another firm as an architect but did not file Supplement-J. In 2 months an opportunity came in the same team and I was offered Sr Manager . I took it up and this time Fragomen said that as it was just an additional responsibility to the architect's position no need to refile . The two biggest firms said that there was no need to refile as only new responsibilities were added to existing ones . I still code and architect .
    Responded to the RFE 2 months ago. I will let you know on what happens once I hear back. I am Dec 2009 so might hear back soon. I am not worried, will deal with it if they raise an issue . Fragomen was very confident of not refiling . they said "no issue" and also sent am email from the main lawyer after review
    Thank You for reassurance. This forum is truly amazing.

  23. #2673
    Quote Originally Posted by sk.aggarwal View Post
    Thank You for reassurance. This forum is truly amazing.
    No Prob. Talk to your manager and if your role is just additional responsibility then he should say "NO Change" .
    Last edited by Moveon; 03-18-2021 at 11:06 PM.

  24. #2674
    I have worked as an Engineer, Engineering Manager and VP of Engineering with the same Org for 13 years now. My attorney did not bat an eye in keeping the same PERM and I-140 and said she will handle it if anyone raises objections. Some of the larger law firms though do use some shady tactics when you are close to the finish line because they know you see the end in sight and will not mind shelling out a few extra bucks before they move on to the next host.
    GC Approved 7/29/2021

  25. #2675
    Sophomore
    Join Date
    Mar 2021
    Location
    IL
    Posts
    21
    Quote Originally Posted by moonlight View Post
    I would like to know the views of Gurus and experts on a job change situation. With the current scenario, this will be applicable to many folks in this forum from April onwards. A lot of people have been eagerly waiting for 180 days to be over after I-485 was filed. I saw "bones20" was counting the days very precisely. Now things are looking optimistic and quite a few 2011 EB2 PD guys also surprisingly got GC and many more are getting medical RFE. The question is - If a person is desperately waiting to use AC21 but he gets GC, I am sure he will be super happy. But can he continue with his job change plan or does he need to wait for another six months?
    You are supposed to work for the employer who sponsored the GC. That's the whole point. I don't think there is a specific law for it, but it should be for a reasonable time. What time period is reasonable? That's anyone's guess. Most lawyers think 6 months is reasonable and can be defended if there are any concerns at citizenship time.
    It depends on the officer looking at the case, they have to be convinced.

    I know a lot of people who left 5 min after the GC in hand. I never heard of anyone having trouble in getting citizenship.

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