EB2-3 Predictions (Rather Calculations)

[incredible]

Incredible,

I must say you do have a good lawyer who charges reasonable fee and provides a good service to you. And if that gave you peace of mind, then it was all worth it. But if I was in your shoes, I would still do all the documentation myself and save 300 to 500 USD (4-5 times). My employer pays for everything including attorney fee for H1-B renewals, I-140 application, etc. But they have a weird policy not to pay for I-485 application, because they consider it employee's application. So, back in 2012, I paid a reasonable amount to an attorney for preparing and submitting I-485 applications for me and my spouse. Then in 2013, I got another bill from the attorney in the amount of $73.75. When I inquired what this was for, they told me that it was the annual maintenance fee for my I-485 application. Me being a cheapskate, refused to pay that bill based on the argument that I did not request any additional services from them. Since then I have myself renewed all EAD/AP applications for our family, successfully responded to recent RFEs, all for free. Heck, I am so cheap, I never even used professionally taken passport size photos for EAD/AP applications. I take them with my cheap cell phone, post-process them, and print them at Walmart for 50 cents. On the other hand, all my past H1B renewals were done by the employer sponsored attorney.

Vedu

I do see your point. When I switched companies back in 2013 (within an year after getting EAD), I was little circumspect and approached a lawyer and from then on stuck with him. But they didn't charge any maintenance fee etc. Also, I agree that I did pay 300-500 once two years (EAD/AP) and 500 for Supp J. I consider it that I went on cruise vacation..

[incredible]

Children filing for patents!! Amazing.

Actually most of the kids these days do stuff that is beyond amazing. We (schools, parents, etc.) just ignore those.

[qesehmk]

Actually most of the kids these days do stuff that is beyond amazing. We (schools, parents, etc.) just ignore those.

Yes indeed.

[inspired_p]

Incredible,

I must say you do have a good lawyer who charges reasonable fee and provides a good service to you. And if that gave you peace of mind, then it was all worth it. But if I was in your shoes, I would still do all the documentation myself and save 300 to 500 USD (4-5 times). My employer pays for everything including attorney fee for H1-B renewals, I-140 application, etc. But they have a weird policy not to pay for I-485 application, because they consider it employee's application. So, back in 2012, I paid a reasonable amount to an attorney for preparing and submitting I-485 applications for me and my spouse. Then in 2013, I got another bill from the attorney in the amount of $73.75. When I inquired what this was for, they told me that it was the annual maintenance fee for my I-485 application. Me being a cheapskate, refused to pay that bill based on the argument that I did not request any additional services from them. Since then I have myself renewed all EAD/AP applications for our family, successfully responded to recent RFEs, all for free. Heck, I am so cheap, I never even used professionally taken passport size photos for EAD/AP applications. I take them with my cheap cell phone, post-process them, and print them at Walmart for 50 cents. On the other hand, all my past H1B renewals were done by the employer sponsored attorney.

I don't think it is being a cheap stake. Even USCIS expects and has tried to keep I-485 straight forward and simple to file. This is supposed to be filed by people seeking permanent residence for various different reasons not just employment.
I too went with the employer lawyer though as I had to apply I-140 and I485 concurrently.

[SG2020]

You are absolutely right Q. I recently had to go through the same Patent attorneys for filing for patent for a small innovation done by our 12 year old daughter. We eventually did learn all of that and initially filed for provisional around one year back and recently filed for non-provisional. I do agree the fees are exorbitant for those. we had already paid close to 7K to the attorneys only for that.

I am in the same boat! We are in talks with a couple of well known game companies but also looking at a Chinese manufacturer to build the product (and sell directly). We have not done anything for the patent yet. Can you message me directly as I would love to hear your advice and avoid any mis-steps.

[Zenzone]

Thanks Transformer and Beagle. Actually, my EB3 PERM was approved last week and I was not very keen to proceed with I-140 stage. I was thinking of waiting for a month or two and see how dates progress. But current employer and attorney moved quickly and prepared paperwork for I-140 stage. Current employer is not aware of my AOS pending status, because that was filed based on previous employer's I-140 (EB2).

I understand that interfile will work once new I-140 is approved. But my attorney is not sure whether USCIS will allow porting old EB2 PD, because that PD is already used for AOS. If new I-140 has new PD of 2020, there is absolutely no point.

Is this true? I thought you can always port Priority Dates with you even when you interfile.

Folks, Please help me with this question

[incredible]

I am in the same boat! We are in talks with a couple of well known game companies but also looking at a Chinese manufacturer to build the product (and sell directly). We have not done anything for the patent yet. Can you message me directly as I would love to hear your advice and avoid any mis-steps.

I did send a private note to you. Just for everyone's benefit, it is a 3 step process. Provisional patent (for one year), patentability (invention search) and finally non-provisional (permanent) patent. You have to use an attorney as there are exorbitant amount of documentation that goes into these.

[Transformer]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

[qesehmk]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

I haven't done it myself so not sure. But I believe these forms are fairly straightforward. If money is your concern - you should just go ahead and do it.

[nbk1976]

Finally there is a status update after Feb 17 2012, I received a RFE, surprisingly it says Job offer letter and no mention of I-485 J. Sent it to HR and they forwarded it to attorneys. I don?t know if I should go ahead and submit 485J. I am in the same job, just that my role and responsibilities are different attributable to career progression. Did anyone get a similar RFE? And what do you guys recommend, should I file offer letter or 485J?

I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?

[vsivarama]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

I am not trying to scare you or anything but do double check and triple check if you intend to do this on your own. You do NOT want to swing and miss on this one. You will be in bigger mess if your son's 485 gets rejected on grounds of some data error and you end up getting your GC in the meanwhile. Plus, do submit his application the first day of the month it's current.

[vedu]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

Did your attorney provide you copies of your previously filed I-485 applications? I don't expect your son's application to be much different from your spouse's application. You can use that as a reference. And no matter whether you do it yourself or with your attorney, you should always double and triple check your forms. Paralegals make lots of mistakes. And who can be more careful about your own application than yourself? While filling the form, if you have any questions, you can always do a simple google search or ask here on Q's forum. Also, USCIS is not our enemy. If we make genuine mistakes, they will always come back to us asking for further clarification. They don't review applications with the intent of rejecting them unless there is a fraud. Good luck either way!

[idliman]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

It is not difficult. You will have a sample from your wife and also primary I485 that you had filed. There are a lot of online resourses and sample forms for this topic. One sample is here. Most of the free resources are geared towards family based immigrants. You need to select correct boxes for EB. Take look. If you think you cannot do it, then just go with an attorney. You might be able to shop around and find one. There are also some independent paralegals that I have seen on Trackitt advertise their services.

Ultimately, you want to get your kids paperwork correctly. If you are not sure, dont do it yourself.

[reys03]

Hi All, my husband is going to switch companies soon. His GC/EAD/AP was applied in Oct 2020. He also filed G28 with the current company's lawyer. When he leaves the company, should he file a G28 with the new company lawyer? We are concerned if any communication from USCIS is not going to reach us and also if any RFE, the current company's lawyer might not be keen to reply as he has left the company.

[idliman]

Hi All, my husband is going to switch companies soon. His GC/EAD/AP was applied in Oct 2020. He also filed G28 with the current company's lawyer. When he leaves the company, should he file a G28 with the new company lawyer? We are concerned if any communication from USCIS is not going to reach us and also if any RFE, the current company's lawyer might not be keen to reply as he has left the company.

Please share details such as Priority Date and Category (EB2/EB3). That will help to decide whether you have to file I-485 Supp J proactively after switching. When did you file I-485 and has it been 180 days since you applied for GC?

If you have not filed GC yet, then the attorney will send an updated G-28 form.

[srisri]

Since we are discussing lawyers, I can tell you for my experience with one of the lawyer from a big law firm, they messed up my EAD renewal application, and while I was waiting for the mistakes cleared the application got delayed by almost a month, my wife who was working on EAD had to quit her job as she didn?t have receipt notice in hand at the time of her eAD expiry.

For a simple three page I-765 and I-131 there were 18 mistakes, the attorney couldn?t tell the difference between admittance status and immigration status, wrote my arrival date on her application as her arrival date, assuming desi couple travel together. The worst part is all of this mess up happened after we filled in an online questionnaire the law firm sent for our application. When I brought it to the attention of HR they couldn?t believe it.

For the last two days of past week, I had to beg HR to send my application to another law firm. Finally they agreed.

[sling10]

1st post here. Have been reading the posts for a while now and have received a lot of valuable information. So, thanks to all the gurus for that. My PD is 11/04/2011 in EB2 and hope that I will be able to file 485 in October 2021. Yes, my employer did not let me downgrade to EB3 in October 2020.

I plan to file 485, 765 and 131 for me, my spouse and my son myself. All the checklists for documents that I have found online take into consideration the 944 filing. But, since 944 is not a requirement anymore, can someone please point me to a updated checklist of documents needed for filing 485, 765 and 131 in Oct 2021 ?

Thanks in advance !

[reys03]

Eb2, yes it's been 180 days. PD is May 2010. 485J and G28 were already filed by current company.
1. When should the new 485J be filed?
2. When should the new G28 be filed?

[prn123]

Please share details such as Priority Date and Category (EB2/EB3). That will help to decide whether you have to file I-485 Supp J proactively after switching. When did you file I-485 and has it been 180 days since you applied for GC?

If you have not filed GC yet, then the attorney will send an updated G-28 form.

Hi Idliman
My wife's case is also similar.
It's been 180 days since I-485 filing EB2. PD is Mid - May 2010.
Have some questions:
a. When should my new 485J be filed?
b. When should my new G28 be filed?

G28 and 485J were already filed by current company.

[beagle]

Eb2, yes it's been 180 days. PD is May 2010. 485J and G28 were already filed by current company.
1. When should the new 485J be filed?
2. When should the new G28 be filed?

1) Two school of thoughts. Don't do anything and sit tight until you receive the RFE for I-485J or proactively file I-485J.

I would file it proactively and its a dead simple form. USCIS will have all the latest info when your date is current for adjudication instead of waiting on your RFE response. Your application is already current under EB2 August 2010 FAD. Worst case, they might ask for it again. The most important aspect of I-485J is that you and your employer are confirming about the future job offer which is the basis for your employment based GC. Again, when your husband switched jobs, its all in the same field and passes the original/similar job litmus test.

2) As soon as you join the new employer. Its for your own good as the old company attorney might have a conflict of interest representing you. The company attorney will act in the best interest of your employer and not you. If your home address is the same, its a bonus as all docs will be emailed to the same address even when you switch attorney/company and you will not miss any communications.

For both 1) and 2), there is no established timeline and its up to you to decide.

[idliman]

Hi Idliman
My wife's case is also similar.
It's been 180 days since I-485 filing EB2. PD is Mid - May 2010.
Have some questions:
a. When should my new 485J be filed?
b. When should my new G28 be filed?

G28 and 485J were already filed by current company.

Your FA date is current. Have you received any RFEs recently? If you had not received any RFEs and if you are from TSC, go ahead and submit I-485 J proactively. From your description, I hope that you had already submitted I-693 and is still valid.

If you are from NSC, I would ask you to wait for an RFE. Their processing times are faster when compared to TSC.

There is no right or wrong answer on this topic. It is a judgement call. The attorneys most likely will suggest you to wait for RFE. As TSC is processing very slowly, proactive filing might help you to get some attention.

G-28 is just a change of attorney form. Something equivalent to change of address. As soon as you are represented by a new attorney, you can file G-28. You can also decide to keep the old attorney. You can request them to do a I-485 J for the new position.

[incredible]

Idliman, Vedu, Incredible, Q,

Since we are on the topic of attorney services, I need a suggestion.

I filed for 485 with downgrade (PD : 20 May 2011) for me and spouse last October but didn't file for my teenage son for various reasons. I am expecting the final date to be current in EB3 in June/July bulletin and have to submit 485 for my son. Our company attorney charges $1150 plus USCIS fee for dependent filing. Since I have my 485 receipt how easy/difficult it is to file 485 for my son (16 yrs old)? Does anyone have a step by step process?

Any advice/help would be greatly appreciated.

Since it is filing of 485 and no need to be dependent upon company attorney. You can enquire outside, just to get the ball park pricing estimate. But I do agree with Q, these forms are straight forward to fill in.

[seepz123]

I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?

I have received the exact same RFE , and when I checked USCIS site for the G-325A form, I see one for deferred action - https://www.uscis.gov/sites/default/...rms/g-325a.pdf . Does anyone know if this is the right form to be submitted for a I-485 RFE? Or is there another version of this form somewhere that I should be looking for?

[reys03]

Thank you!

[gaurim17]

I have received a similar RFE. The 2nd page is only asking me for 693, but the 3rd page has a checkbox kind of thing for 485J. I do have an approved 485J that got approved last week. So my plan is to respond with approval copy and 693.

I received the same odd RFE: (1) I-693 (medical); (2) Job Offer Letter; (3) Form G-325A (outdated)

(2) Reads thus:

You must submit a currently dated letter from your intended permanent employer attesting to your offer of proposed employment. This letter should be written on the company's official letterhead and cite the date you will begin working, your proffered position and the offered salary or wage. A description of the position you currently hold for the company (if you are currently employed by the current petitioner) and the offered salary. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition continue to exist.

There is no mention of any I-485-J. However, there is a page where I have to check off if Supplement J is included. Has everyone been getting similar RFEs?