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
TSC; EB2-I: PD: 17-SEP-09; I-485 RD: 25-APR-12
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.
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?
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.
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.
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
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.
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
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
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?
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/
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.
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 .
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
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
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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