EB2-3 Predictions (Rather Calculations)

[idliman]

Just would like to know what experts think:

Is there any chance of FAD retrogression for EB2/3 India later this FY? If at all that happens, how many months of regression is a possibility?

Thank you!

There is no chance of retrogression. USCIS does not have the capacity to process the available GCs in the immediate future. They will end up wasting some amount of GCs. So this prevents retrogression till end of next year (OCt 2022).

If the spillover from FB to EB is stopped using a new law then you can think of retrogression. That can happen in the next year starting Oct 2021.

[h1bh1bh1b]

i was in eb3 cat at that time.

Upgrading to eb2 does not mean , moving from eb3. In fact you are standing in both lines. I was in the same situation. Upgraded to eb2 but when eb3 became current, applied for ead through eb3 and got my green card. I assume you changed jobs and couldn?t do it

[superuser]

Visitor Visa and Public Charge Related Question

I had to admit my mother for covid related treatment while she is on visitor visa. I have cashless insurance taken for her and it seems that insurance company has processed some of the claims and big claims haven't been processed yet. I am hoping that they get processed too but in case if they don't, I wanted to know the implication on her future travel and green card process (If I get green card and become citizen one day), if the rest of the bills are not processed and we are unable to pay that too.

P.S. : I tried to find to create a new forum/post but gave up after 10m or so. Please help move this to appropriate thread. Thank you.

[Mgajsk]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

[peterpan]

Visitor Visa and Public Charge Related Question

I had to admit my mother for covid related treatment while she is on visitor visa. I have cashless insurance taken for her and it seems that insurance company has processed some of the claims and big claims haven't been processed yet. I am hoping that they get processed too but in case if they don't, I wanted to know the implication on her future travel and green card process (If I get green card and become citizen one day), if the rest of the bills are not processed and we are unable to pay that too.

P.S. : I tried to find to create a new forum/post but gave up after 10m or so. Please help move this to appropriate thread. Thank you.

As long as you don't sign any personal responsibility financial obligation forms you should not worry about anything. The insurance company will most probably try to not pay some of the claims saying it is a pre-existing condition. If so, the hospital and visiting doctors will send the bills to your home on you Mother's name. Some of them will be willing to accept nominal monthly amount to settle the bill. Others will send it to collection. Your mother's future travel will not be affected due to this issue (based on current rules)

[shaks2020]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

AFAIK once you use your EAD for work you will no longer be in H1B status and consequently your spouse's H4 EAD will be invalidated.

[Mgajsk]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

AFAIK once you use your EAD for work you will no longer be in H1B status and consequently your spouse's H4 EAD will be invalidated.

Thank you. I have read that you can keep your h1B valid and also work on W2 using the EAD. Hopefully folks with similar experiences can comment.

[vedu]

Thank you. I have read that you can keep your h1B valid and also work on W2 using the EAD. Hopefully folks with similar experiences can comment.

Let's assume for the sake of argument, that H1B remains valid even after one uses EAD. But in your case, your H1B will be invalidated not because you will switch to EAD, but because you will be no longer working with the employer with whom your current H1-B is valid. If you leave the employer who sponsored your H1B without transferring it to the new employer, then it will be invalidated.

If you continue to work for the same employer and accept some other work on the sideline using your EAD, then that will be a whole other discussion.

[idliman]

Hi Gurus,
I am in a soup here.

I ( primary ) received my EAD in Feb this year. Unfortunately ,spouse's application closed inexplicably without approving EAD and had to submit a fresh application in Late March on suggestion from the attorney which is pending as of now.
Her H4EAD which was pending since Sep2020 and is approved last week.

So, Primary on H1B and GC EAD. Spouse on H4EAD.
Now I have a couple of FTE offers because of not needing sponsorship anymore.

If I Accept the new Job offer , I understand I will move to EAD. if so ,

1.Does H1B gets automatically invalidated? or Will H1B be valid as long as employer does not revoke ?
2. What happens to H4EAD ? will it automatically get invalidated

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B. See that thread for all the law points. Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottomline is browse that thread and comeup with your own undestanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.

[iamdeb]

As per Charlie's , the filing date for EB2I will be moved in the upcoming bulletins...Will USCIS accept the Filing Dates when that happens, or will USCIS accept only Final Action Date till Sep 2021.
Will appreciate any feedback from the gurus on this. Thanks!

[android09]

As per Charlie's , the filing date for EB2I will be moved in the upcoming bulletins...Will USCIS accept the Filing Dates when that happens, or will USCIS accept only Final Action Date till Sep 2021.
Will appreciate any feedback from the gurus on this. Thanks!

No, it?s not the filing date that will be moved but the Final Action Date that will be moved so that by the October 2021 visa bulletin that comes out in Sept, it matches the filing date that was set last year of MAY-15-2011 for EB2 and JAN-1-2014 for EB3. The filing date will potentially be moved only at the start of the next financial year or Oct 2021. The USCIS chooses which of the 2 dates to honor for each bulletin. For FY 2021, As long as Final Action Date is less than Filing date, they will use it... however as the final action dates continue to move and reach the filing dates, it will make little difference.

[delorean_doc]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

[incredible]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

Finger prints and FAD current has no relation. Finger prints are taken after 485 is applied so that they can issue EAD/AP etc. But that being said, you will see a variety of cases from TSC. Some have gotten EAD's already and some have taken finger prints but waiting for EAD (both not current in FAD) and some are current in FAD but nothing happened to them. I guess you may need to wait patiently till you get EAD/AP etc. and also hope to get current in the next couple of months. If you have no issues at work, just forget about this for few months and you may be pleasantly surprised to see a GC in your hand before the end of this fiscal.

[maverick2010]

Hi all, apologies at the outset if this post doesn't belong in this thread.

I am one of those guys, as luck would have it, whose I-485 is getting processed at the Texas Service Center. My PD (2/24/11, EB2) is not current but I submitted all the paperwork back on 10/26/20 on the basis of the Filing Date. A few days ago, the clock read 180 days (woohoo). The only piece of information I received thus far (and that too in early Jan) is that the USCIS took my petition fee and biometrics fee. Since then its been crickets. I do realize that I am probably one amongst thousands who are in a similar situation. Did anyone else who is being processed through TSC get their fingerprints taken despite FAD not being current? What do you recommend should be my next course of action? Thanks in advance

You should soon be getting appointment for bio-metrics. Once that is done, things will start moving little better.

[cciedata11]

You should soon be getting appointment for bio-metrics. Once that is done, things will start moving little better.

Same here for me, Application submission date 10-29-2020. receipt received date 15-1-2021. still waiting for fingerprinting appointment.
My case Eb2- to Eb3 downgrade priority date July 2013. I-140 downgrade still pending.

[Mgajsk]

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B. See that thread for all the law points. Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottom line is browse that thread and come up with your own understanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.

Thanks @idliman . Really tons of valid information in those threads there.
It looks like , if one want to keep spouse's h4ead valid , they should continue being employed by the h1B employer.
one can also accept a new employment on EAD simultaneously . Spouse 765 update says fingerprints applied, hopefully the approval comes soon .

[maverick2010]

As your I485 has been pending for more than 180 days, you are eligible for AC21 protections. Please read the EAD/AP thread for things you need to consider to keep both status'es valid. Look at the top two threads.

We also had a discussion on switching between EAD/AP and H1B. See that thread for all the law points. Instead of reinventing the wheel, I will give short answer.

1. H1B will be void if you don't manitain H1B employment.
2. If H1B is not valid, then H4 is invlid. Hence, H4 EAD becomes invalid. It may take some time for the system to update. However, don't work on the H4 EAD. You will face consequences later on. The law is very strict.

Bottomline is browse that thread and comeup with your own undestanding. You can setup some time with attorneys to ask this question and double check the interpretation. Good Luck.

Wow - what a wonderful thread. You guys rock!

[maverick2010]

There is no chance of retrogression. USCIS does not have the capacity to process the available GCs in the immediate future. They will end up wasting some amount of GCs. So this prevents retrogression till end of next year (OCt 2022).

If the spillover from FB to EB is stopped using a new law then you can think of retrogression. That can happen in the next year starting Oct 2021.

Thanks Idliman!

[gkjppp]

Hi folks,

Today I saw a weird I-140 RFE for me along with I-485 RFE. My 140 was approved in April 2011. As my PD is current starting April 1st it makes sense to expect RFE for medicals/I-485J etc. But not sure why on I-140. Please if anyone got something like me update me on that. I moved my jobs twice and filed both times AC21 and I-485J. Any thoughts? I am kind of tensed.

[idliman]

Hi folks,

Today I saw a weird I-140 RFE for me along with I-485 RFE. My 140 was approved in April 2011. As my PD is current starting April 1st it makes sense to expect RFE for medicals/I-485J etc. But not sure why on I-140. Please if anyone got something like me update me on that. I moved my jobs twice and filed both times AC21 and I-485J. Any thoughts? I am kind of tensed.

An I-140 RFE after approval is unheard of. Most likely USCIS will issue a NOID or NOIR if it identifies fraud or agency error. When an I-140 has been approved and AOS is pending for 180 days or more, the I-140 will not be automatically revoked even if the previous employer (petitioner) withdraws it or the business terminates. The petition still remains valid unless revoked for other grounds such as fraud or misrepresentation. As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.

In my opinion, there are only two possibilities based your description.

1. Revocation for Cause (Complicated Situation). USCIS is acting outside the law when it is issuing NOIR on a withdrawin I-140 after 180 days of pending I-1485. You will lose AC21 benefits. It is unlawful by USCIS, but then USCIS / DOJ will come with Section 205 of INA. You will have to hire a top gun attorney firm for this. This is a rare case. But good news for you is that it is a RFE and not a NOIR or NOID. So skip to item 2.
2. It is a RFE for confirmation of Bonafide job offer. You need to show that you are eligible for AOS under 204(J). You will submit an updated I-485 Supp-J.

Hope this helps. Good Luck.

[gkjppp]

An I-140 RFE after approval is unheard of. Most likely USCIS will issue a NOID or NOIR if it identifies fraud or agency error. When an I-140 has been approved and AOS is pending for 180 days or more, the I-140 will not be automatically revoked even if the previous employer (petitioner) withdraws it or the business terminates. The petition still remains valid unless revoked for other grounds such as fraud or misrepresentation. As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.

In my opinion, there are only two possibilities based your description.

1. Revocation for Cause (Complicated Situation). USCIS is acting outside the law when it is issuing NOIR on a withdrawin I-140 after 180 days of pending I-1485. You will lose AC21 benefits. It is unlawful by USCIS, but then USCIS / DOJ will come with Section 205 of INA. You will have to hire a top gun attorney firm for this. This is a rare case. But good news for you is that it is a RFE and not a NOIR or NOID. So skip to item 2.
2. It is a RFE for confirmation of the Bonafide job offer. You need to show that you are eligible for AOS under 204(J). You will submit an updated I-485 Supp-J.

Hope this helps. Good Luck.

Thanks, Idliman. Hoping for the best.

[delorean_doc]

Thanks @incredible and @maverick2010 for your responses; I appreciate it. Your suggestions are very valid....will just wait it out for the next few months and wait for that pleasant surprise 😀

[gc_dedo]

As long as you stayed with the original employer for 180 days after filing I-485, you are covered via AC21. Please confirm that.

If I-485 was filed based on previous employer's I-140 and SuppJ, how does AC21 protection work?

[incredible]

If I-485 was filed based on previous employer's I-140 and SuppJ, how does AC21 protection work?

AC21 provisions kick in as soon as you cross 180 days with the employer who originally filed 140 and 485 (180 days from the filing of 485). After that there are no other restrictions moving from employer 2 to employer 3 etc. as long as you are able to support with supplement J. Supplement J can be filed proactively or filed when USCIS asks for it through an RFE.

[gkjppp]

AC21 provisions kick in as soon as you cross 180 days with the employer who originally filed 140 and 485 (180 days from the filing of 485). After that there are no other restrictions moving from employer 2 to employer 3 etc. as long as you are able to support with supplement J. Supplement J can be filed proactively or filed when USCIS asks for it through an RFE.

I filed proactively I-485J, it was filed on last October, and received a receipt. Yesterday RFE on I-140 after 10 years. I guess training issues everywhere !!!