EB2-3 Predictions (Rather Calculations)

[idliman]

How much movement can we expect for EB2 in next month bulletin… my EAD expires first week of Jan.. thinking if should apply for renewal in july first week.. seeing EB2 not moving so fast like EB3… me being in Feb 2011 not sure if i would be current and get my GC by year end…

Any inputs will be appreciated

Follow EAD Renewal DIY guide and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.

[idliman]

Hello : can someone help me with the above query ?

Only the I-485 is new. For I-765 and I-131 there are existing templates. For I-485, you need to file I-485 Supp J, that will require signature from company. I-944 has been discontinued. See USCIS website.

[mesan123]

Follow EAD Renewal DIY guide and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.

Will do. Will fike by July first week. The day my 6 months elibility starts.. thank you…

[vedu]

Follow EAD Renewal DIY guide and you will spend less than $30 for renewal (including FedEx). Don't wait. Act as if like you will not get GC immediately. With the current extended processing time, you don't want to take any chances. Good Luck.

I fully agree with idli. In immigration matters, you need to continue to submit all kind of required documentation all the time always assuming the worst case scenario. And I have noticed that those who don't rely on their attorneys are generally best at this. They are self assured, detail oriented, enjoy doing their own paperwork correctly, and they submit it on a timely basis (usually on the first day on which they are eligible). They also like to have full control of their own situation/destiny. Those who rely on lawyers for every small thing are generally not confident in their own abilities. I have noticed many people changed addresses in the past but didn't bother to submit AR-11 because their lawyer wasn't there to tell them this simple thing. As a result, their RFE's went to the wrong address causing all kinds of issues. Those who are self-reliant are always looking out for these kind of things and every minute detail that can derail the process. This is my personal observation.

[sling10]

Only the I-485 is new. For I-765 and I-131 there are existing templates. For I-485, you need to file I-485 Supp J, that will require signature from company. I-944 has been discontinued. See USCIS website.

Hello idliman. I am fine from the perspective of filling the forms. They don't look super complex to me. But, I am wondering in terms of the supporting documentation related to I-944 that need not be submitted anymore as it has been discontinued.

[montyp80]

Hi Gurus:

If this question doesn't belong here then please let me know so that I can move it to appropriate thread.

Asking this for a friend:
Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
He was told that if he doesn't sign then he will most likely lose his job.
Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.

Questions:
1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?

Thanks in advance

[idliman]

Hello idliman. I am fine from the perspective of filling the forms. They don't look super complex to me. But, I am wondering in terms of the supporting documentation related to I-944 that need not be submitted anymore as it has been discontinued.

It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website. I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

[sling10]

It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website. I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

Isn't G-325A redundant now as all the details from that form are filled in the I-485 form ? Also, mine is not a downgrade. My PD is 11/04/2011 EB2 India which I hope should be current in the DOF chart in October 2021.

[srimurthy]

It has been about 9 years since I did mine. There was a post earlier in this thread on the supporting documents for I-485 package. You may want to include G-1145; Then G-325A; along with I-485, I-765 and I-131. There is also a checklist in USCIS website. I don't have a sample for how downgrade applications are done.

You may be better of asking someone who just filed I-485 recently. Guys/Girls, if you have any checklist for I-485, please help out sling10.

Here is the thread I guess
https://www.qesehmk.org/forums/showt...quired-for-485

[sling10]

Here is the thread I guess
https://www.qesehmk.org/forums/showt...quired-for-485

Thanks srimurthi. The thread is helpful !

[iamdeb]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

[SG2020]

Hi Gurus:

If this question doesn't belong here then please let me know so that I can move it to appropriate thread.

Asking this for a friend:
Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
He was told that if he doesn't sign then he will most likely lose his job.
Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.

Questions:
1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?

Thanks in advance

Just an observation: 60 miles restriction feels like a very easy thing to get around...if he starts his business, he can easily choose to open an office >60 miles away. He should check with an attorney as well.

[vsivarama]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

Waiting for FAD or FD to be current in EB2 may be the best bet for you. Best case scenario for your downgrade goes like this, you apply for i140, get the receipt number in hand and then upgrade the application to PP and hope that it will be accepted by USCIS for PP in the first go and then getting your i140 approved without any RFEs. If all of them go your way, you will have your approved i140 in 3 months. By that time your PD will most likely be current in EB2.

[idliman]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

This year (before Oct 2021 bulletin) the EB2I FA date will reach 15MAY11. It may even cross the date and your friends FA date might be current. But definitely (more than 90% probability), the FA date will be current in Oct 2021 visa bulletin. EB3I FA is at 01FEB11 and will likely cross June 2011 in next months VB (June 2021 VB). So it is a matter of 4 months in my opinion. I would go for a new I-140 in EB3 instead of amending the existing EB2 I-140. That way your EB2I route still exists. Hopefully they can do a premium I-140 upgrade after getting the receipt notice. If the company is paying there is no harm in going for EB3, but still try to keep the EB2 I-140 intact. Make sure that he/she reads about the risks. No point in taking a downgrade risk when you know for sure that you will be current in 4 months or so.

Good Luck.

[rsnake]

Hello Friends,

My PD is May 23,2011 under EB2-I. I didn't get a chance to downgrade in Oct 2020. However, my employer is willing to downgrade now provided the EB3 FAD crosses my PD.
Here are my two options
1. Wait for either FAD or Filing Date to be current in EB2 for my PD.
2. Downgrade to EB3 hopefully once the next bulletin comes.

Would appreciate suggestions from the gurus here.

Along with the good advice from others, I would add that it also depends on if your job is stable or not. If you think might need to change employers in the near future then it's better to file concurrent I-485 with downgrade either in June or July depending on when May 2011 becomes current under EB3. This way the 180 day AC21 protection clock will start immediately and you will get EAD sooner. If you don't think you need to switch jobs soon then you can wait till Oct and file without the hassle and delays associated with filing for new I-140.

[iamdeb]

This year (before Oct 2021 bulletin) the EB2I FA date will reach 15MAY11. It may even cross the date and your friends FA date might be current. But definitely (more than 90% probability), the FA date will be current in Oct 2021 visa bulletin. EB3I FA is at 01FEB11 and will likely cross June 2011 in next months VB (June 2021 VB). So it is a matter of 4 months in my opinion. I would go for a new I-140 in EB3 instead of amending the existing EB2 I-140. That way your EB2I route still exists. Hopefully they can do a premium I-140 upgrade after getting the receipt notice. If the company is paying there is no harm in going for EB3, but still try to keep the EB2 I-140 intact. Make sure that he/she reads about the risks. No point in taking a downgrade risk when you know for sure that you will be current in 4 months or so.

Good Luck.

Thanks for the respone Idliman!
What is the risk associated with the downgrade? Also, how much time is it taking to get the receipt notice. So what kind of timeline I am looking at for getting the receipt notice, upgrading to premium and getting the new I-140 approved?

[idliman]

Thanks for the respone Idliman!

What is the risk associated with the downgrade? Also, how much time is it taking to get the receipt notice. So what kind of timeline I am looking at for getting the receipt notice, upgrading to premium and getting the new I-140 approved?

The company has to show ability to pay from date of LC approval. Maybe an issue with small consultancy companies. Also it is difficult to do EB2 to EB3 to EB2 again. That's why you need to have two separate I-140s so that you can interfile a new I-140 with an existing I-485 application. Other risk is to show that the job PERM still qualifies for EB3 and meets EB3 criteria.

[AceMan]

Looks like like CO has said in AILA meeting today that EB2-India dates will move to Dec 1st 2020. Check the link below..

https://www.murthy.com/2021/05/12/eb...visa-bulletin/

December 1st 2010 :-) not 2020

[rsnake]

December 1st 2010 :-) not 2020

This is doubly funny because the Murthy article(not its title) says Mr. Oppenheim mentioned that the June 2021 Visa Bulletin is expected to show that EB2 India will move substantially to December 1, 2000,


So is it December 2000, 2010 or 2020 : )

At this point I think USCIS should focus on giving GCs rather than EAD/AP for 2011 PD and earlier filers, except for expedited requests. Maybe this is their strategy already, looks like most people who gave biometrics in March still haven't gotten their EAD/AP.

[abcx13]

Interesting that he didn't say anything about EB3! I guess we will find out soon enough!

[maverick2010]

December 1st 2010 :-) not 2020

DUHH...Sorry about the typo....

Looks like like CO has said in AILA meeting today that EB2-India dates will move to Dec 1st 2010. Check the link below..

https://www.murthy.com/2021/05/12/eb...visa-bulletin/

[maverick2010]

Interesting that he didn't say anything about EB3! I guess we will find out soon enough!

I'm going to interpret that as downgrade numbers are still 'work in progress' and he has not made up his mind - June visa bulletin is a tricky one for CO

[montyp80]

Just an observation: 60 miles restriction feels like a very easy thing to get around...if he starts his business, he can easily choose to open an office >60 miles away. He should check with an attorney as well.

Unfortunately, he has already made up his mind to leave his current employer due to his personal fallout with him. 60 miles out shouldn't be a big deal otherwise.

[gsingh]

Most likely your PD of EB2 12APR12 will be current only in the next year (after Oct 2021). However, it looks like you did a downgrade to EB3 and filed in Oct 2020. In EB3, your PD will be current before Oct 2021.

You need original PERM approval certificate for doing premium I-140. As you are doing a downgrade this will not be available. Most of the attorneys are upgrading I-140 to premium after a receipt notice is issued for I-140. You can try that route to upgrade to premium and get a quick approval. You will not be able to get the original PERM from USCIS. It is their property and they expect your copy of PERM approval notice for premium.

Going via EB3 route will definitely get GC a few months earlier. EB3I has started moving about 5 months per bulletin. My guess your PD will become current in EB3 in Jul/Aug whereas in EB2 you might have to wait till say Jan 2022 (educated guess) for FA to be current.

Biometrics is a function of where you are located and your field office. So you need to compare the time-frame with people in your area.

Thanks @idliman. This is helpful.
I will try my luck upgrading to premium without the original PERM. Less likely USCIS accepts it, but I guess no harm in trying.

[sling10]

Need some guidance on my issue here.

My spouse's passport is expiring on 01/23/2022. Her I-94 has expired on 10/12/2020 and we do not have the H4 approval with the new I-94 yet.

Should I wait to apply for her passport renewal till I get her new I94 with the new expiry date ? If I file now without the new I94, will she get a shorter duration validity passport ?

If I am unable to renew her passport in time and I plan to file I-485 in October 2021 with her passport expiry as 01/23/2022, is that a problem ? Does the passport need to have the expiry date more than 6 months away while filing the I-485 ?