EB2-3 Predictions (Rather Calculations)

[srisri]

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.

One of my colleague received RFE on I-140, but never received the actual RFE, my colleagues previous employer was co operative and raised an SR, it turned out to be a false alert. But it was tough on my colleague.

Hope yours turn out to be a false alert..

[moonlight]

I am summarizing my case and would like to know experts' advice on what are the risks?

My Priority Date: EB2 Feb 2011
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
Medical RFE received: Feb 19, 2021
Medical RFE response submission: March 10, 2021
H1B Transfer for full time filed: April 16, 2021
H1B Transfer for full time approved: April 23, 2021
My expected joining date in new company : May 03, 2021

I have not filed 485J with new company. Though I am pretty close to joining, do I need to consider anything? Just thinking if I am messing up anything with the immigration situation after 14 years of stay in this country.

[gkjppp]

One of my colleague received RFE on I-140, but never received the actual RFE, my colleagues previous employer was co operative and raised an SR, it turned out to be a false alert. But it was tough on my colleague.

Hope yours turn out to be a false alert..

that's interesting. Thanks for the information srisri

[incredible]

I am summarizing my case and would like to know experts' advice on what are the risks?

My Priority Date: EB2 Feb 2011
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
Medical RFE received: Feb 19, 2021
Medical RFE response submission: March 10, 2021
H1B Transfer for full time filed: April 16, 2021
H1B Transfer for full time approved: April 23, 2021
My expected joining date in new company : May 03, 2021

I have not filed 485J with new company. Though I am pretty close to joining, do I need to consider anything? Just thinking if I am messing up anything with the immigration situation after 14 years of stay in this country.

You have both options. Either to file 485 J proactively or wait for 485J RFE. Who knows, may be you will not even receive an RFE and if the FAD moves, may get greened this fiscal. But, I would prepare to file supplement J as it would speedup your process, once FAD becomes current for you.

[Transformer]

You have both options. Either to file 485 J proactively or wait for 485J RFE. Who knows, may be you will not even receive an RFE and if the FAD moves, may get greened this fiscal. But, I would prepare to file supplement J as it would speedup your process, once FAD becomes current for you.

Hi Incredible, I have one question. Lets say he didn't file 485J and he gets GC. Does that mean in USCIS records he is still with the old employer and they expect him to be working for the old employer for a while after getting GC or it doesn't matter?

[incredible]

Hi Incredible, I have one question. Lets say he didn't file 485J and he gets GC. Does that mean in USCIS records he is still with the old employer and they expect him to be working for the old employer for a while after getting GC or it doesn't matter?

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

[incredible]

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

Just to explain further, when I gotten RFE 3 months back, I explained to my own attorney that I may move and how should I proceed. His advice was that work on what I have at that time and not what I may have in future. I just followed it.

[Turbulent_Dragonfly]

While it is a gray area, you are correct. I am actually in the same boat. Filed 485 J couple of years back and have gotten GC recently. But I was in the discussion with a potential employer already for the last 6 months (big company, takes long time) and am close to getting offer in the next month and will join them. But that being said, I have gotten GC very recently and per USCIS based on my supplement-J i am supposed to be with them. But my take is that, we work on what we have at that time. When I filed for Supplement J and responded to RFE earlier, it was with the current employer. But things change and and I have to move. I just might need to explain these things in future when I go (if I go) for naturalization process.

I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

[incredible]

I see this as one of the scenes in my favorite movie, The Shawshank Redemption. In the end, Red decides to skip parole and move to Mexico saying no one is going to come behind an old timer like him who has already done his time. Most of us have 'done our time' waiting for more than 10 years. We should just need to deal with whatever comes 5 years or so down the line and not sacrifice our opportunities now.

You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

[Transformer]

You just mentioned my favorite movie. And it is right, we should not sacrifice current opportunities for future unknowns.

Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

[incredible]

Agree with you not to sacrifice current opportunities for future. But when there is a chance to do something right, lets do it now. In OP's case, he already did his H1 transfer and planning to move anyway, so I think the right thing will be to submit 485J now so that he won't be in that awkward situation later if his GC is approved while moving the jobs.

Yes. He still has the chance to make sure submit the supplement J. Proactive Supplement J only helps in this situation since it might trigger an RFE when the date becomes current. Most sought after is the RFE these days with an uncertain way approving by USCIS.

[username1]

Non-prediction question! Please move to a different category if needed. What would be the effect of Travel restrictions from India to US on people with Advance Parole?

[newsletter1978]

finger prints taken march 16th, no EAD/AP. Application filed October 26th

just curious, did you downgrade to eb3 with your i485 application.

[march1612]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

[ak7419]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

[incredible]

What is your 485 received date - mm/dd/yyyy? There are quite a few of us who have been current since October of last year and yet to hear from TSC. I believe cases are being processed by received date and not priority date.

In any case, since the date has been current for 60 days, it may be worth raising a SR

[nbk1976]

My 485 case is pending with USCIS since 2012 with TSC, My priority date is current since April-2021, I do not see any activity on my case.

Is it worth raising Service Request?

If you did you are likely to only get a standard response. I would wait at least 90 days. Raise an SR in July or ask your local/state politician to help if there is no change in status. An RFE is a good indicator that your file is being looked at for adjudication.

I became current in April too. That is what I am going to do.

[rsnake]

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/sta...12345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

[newyorker123]

Good news for those waiting for biometrics to be scheduled. USCIS says it will stop requiring biometrics for EAD applications for those on H4 and L2 from May 17th. This should free up the ASCs a lot. https://twitter.com/wasdenbanias/sta...12345311928320

I guess this step will help in faster and more GC issuance in the future in service centers like Nebraska, since more people would get into an approvable state faster?

This is amazing news; but I guess this is not confirmed yet. Is it ?

[rsnake]

Jonathan Wasden is the main attorney in the H4 EAD lawsuit brought by AILA, and Greg Siskind retweeted him, so I would say it's definitely coming from USCIS, so it's confirmed unless they walk it back because of some issues implementing it.

[nbk1976]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

[idliman]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

Congratulations. Now the ball is in your court. Good Luck.

[ak7419]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

don't you feel like you just won lottery? :-)

[vedu]

USCIS (TSC) just sent me an alert that RFEs were issued today for me and my wife's cases. My details are in my signature below.

Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

[amey111]

Congratulations on the new job! I am in a similar boat:

Priority date: Oct 2012
I-485 applied on Oct 9, 2020
EAD and AP approved and card received (1 year validity)
I-140 downgrade to EB3 applied on Oct 9, 2020 and approved on Apr 28, 2021
New job offer received - plan to switch using EAD (no H1B sponsorship to transfer)

I spoke to an attorney regarding process to change jobs and this is the synopsis:

Documents needed when final action date (FAD) becomes current or receives an RFE or to file for I-485j:
• ETA-9089 PERM
• I485 receipt notice
• I140 approval notice - EB2 and EB3 (Email pdf is sufficient)

Requirements to change job:
• I-140 approved and past 180 days since application
• Past 180 days since I-485 application
• New job should have more wages than mentioned on PERM
• New job code should be able to justify same SOC code as PERM on I-485j form
• After moving to new employer file I-485j proactively. File that on your own (no attorney needed), but employer needs to complete pages 2,3 6 and 7

Risks to switch job:
• Perfectly ok to switch jobs, and there are no significant risks to changing jobs as along as above requirements are met
• Worst case scenario is I-485j denied and your green card application is rejected. Attorney has never seen that happen.

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.