EB2-3 Predictions (Rather Calculations)

[Zenzone]

Hi Zenzone,

Thanks for sharing the timeline! How did you figure out or come to know that your Supp J is approved?

My online case status for Form J got changed to ?approved? and I received the approval notice.

[Zenzone]

Its MSC. I should have gotten the form j receipt sometime this April if I?m not wrong.

[skpanda]

Hello Friends,
I have received a I485J receipt notice from 29th October 2020.

Background:

1. PD Dec 2010 - EB2.
2. First time - I485, I765 and I131 applied on 28th October 2020
3. Received Receipt Notices in December 2020
4. Biometric Notice in March 2021. Appointments completed in April 2021.
5. June Received I485J receipt notice on 8th June 2021 with a receipt date of 29th October 2020.

I do not remember sending I485J application along with other ones.

Does anybody know what is I485J receipt notice mean?

Thanks in advance?

[Zenzone]

Hello Friends,
I have received a I485J receipt notice from 29th October 2020.

Background:

1. PD Dec 2010 - EB2.
2. First time - I485, I765 and I131 applied on 28th October 2020
3. Received Receipt Notices in December 2020
4. Biometric Notice in March 2021. Appointments completed in April 2021.
5. June Received I485J receipt notice on 8th June 2021 with a receipt date of 29th October 2020.

I do not remember sending I485J application along with other ones.

Does anybody know what is I485J receipt notice mean?

Thanks in advance?

You may have to check your original app. to see if you submitted it. Overall, it means USCIS has received your Form J and will make decision about it as part of your AOS application package. See my posts yesterday above capturing my timelines if that reference is helpful.

[PDAUG2011]

My online case status for Form J got changed to ?approved? and I received the approval notice.

Zenzone,

Thanks for the clarification. In my case, I have received receipt notice and when I checked the status online this is what it says:

"On October 30, 2020, we received your case and waived the filing fee for your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number MSC**********. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

I didn't see any details about how they will process the case or any instructions for me to follow. Should I have received another notice for my Supp J or is their standard language and that is what you were also seeing until your case got approved?

[AceMan]

Can someone predict when I will likely get a decision on my I-485. I will send a $100 gift card to whoever gets it closest.

- PD: Jan 2010
- EB2 to EB3 downgrade Jan 2019 (concurrent filing)
- RD: Jan 2019
- Service center: TSC
- FAD: Current since Oct 2020
- Raised SRs and expedite requests using Emma
- Contacted Congressperson and Senator's office
- employed with a Fortune 15 company for last 8 years (sponsoring employer)
- let me know if there are other parameters that will help to estimate better

This post just validated my earlier theory regarding the downgrades.
Downgrading does not get you a faster GC. It just screws up the process for the applicant.

[vedu]

This post just validated my earlier theory regarding the downgrades.
Downgrading does not get you a faster GC. It just screws up the process for the applicant.

Ace, I also tend to believe in your theory. And to add to that, I suspect that sending documents in advance without any RFE can also screw up the process. Everybody complains about TSC, but I had such a wonderful experience with them. I think it is because mine was a straightforward case (no upgrades, downgrades), and I also did not send any unnecessary documents, etc., neither did I try to call them, congressman, etc. in the very first month of my PD becoming current.

Calling congressman is not a bad idea, but only after you wait for a reasonable amount of time (4-5 months) and give USCIS a fair chance to get to your case. There is only one thing I disagree with you. You hate downgrading across the board, but I think downgrading is OKAY ONLY IF you don't already have an EAD, and your date is current under the category to which you are trying to upgrade/downgrade. That way you can avail the enormous benefits of an EAD.

In spite of your theory, people will do what they do. It is like when an airplane lands, everybody stands in the aisle to get out of the plane as early as possible ahead of others, and thus jamming the system. But to each his own!

[Zenzone]

Zenzone,

Thanks for the clarification. In my case, I have received receipt notice and when I checked the status online this is what it says:

"On October 30, 2020, we received your case and waived the filing fee for your Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Receipt Number MSC**********. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address."

I didn't see any details about how they will process the case or any instructions for me to follow. Should I have received another notice for my Supp J or is their standard language and that is what you were also seeing until your case got approved?

It means its under their review and you have no action to take. Its standard language.

[Prabhas]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

[rsnake]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

Looks like USCIS made a mistake, I wouldn't rely on that AP as it can cause problems in the future. I would reapply AP and explain their mistake in the cover letter. AP is different from regular entry on H1B or H4 where you stand in queue. You get taken to a separate area and have to wait 30mins to an hour for an officer to look at your documents and admit you as a parolee. Thus there is higher chance of them noticing that your AP was given by mistake since they can easily see that you left and came back when it was pending. It's not worth the risk and inconvenience.

[vsivarama]

Guys,

I have an interesting situation. I traveled to India on 25th April while my I-131 was still pending to attend a family emergency. I gave my fingerporints on March 21st. I returned back to the USA on my H1-B visa on 25th May. I expedited my I-765 on June 2nd, 2021. Surprisingly I got both my I765/I-131 approved on June 14th.

My company was in the process of reapplying the I-131 which is now put on hold.

My understanding is I-131 is abandoned once you travel out of the country while it is still pending ( from 2017 , Trump memo). If this is true , will this cause any hurdles when I plan to use my approved AP in near future ?

Pre 2017 era, if you have a valid H1-B visa and if you travel on this status , none of the pending applications ( I485, I765, I131) were impacted if you return to USA on H1B. Did the agency revert back to this policy?

I spoke to my lawyer and he Atleast was honest that he don?t know if my future travel will be impacted if I use AP for re-entry. Perhaps one option is to try POE at Canada while my H1-B visa is still valid and use visa if there is an issue with AP.

Am I overly concerned ? Please suggest peeps..

V

Do NOT use that AP. We do not have any confirmation of any rule change. It's best to apply for a new one. It's free anyways. As per the current rules that AP should have been rejected.

[AceMan]

Ace, I also tend to believe in your theory. And to add to that, I suspect that sending documents in advance without any RFE can also screw up the process. Everybody complains about TSC, but I had such a wonderful experience with them. I think it is because mine was a straightforward case (no upgrades, downgrades), and I also did not send any unnecessary documents, etc., neither did I try to call them, congressman, etc. in the very first month of my PD becoming current.

Calling congressman is not a bad idea, but only after you wait for a reasonable amount of time (4-5 months) and give USCIS a fair chance to get to your case. There is only one thing I disagree with you. You hate downgrading across the board, but I think downgrading is OKAY ONLY IF you don't already have an EAD, and your date is current under the category to which you are trying to upgrade/downgrade. That way you can avail the enormous benefits of an EAD.

In spite of your theory, people will do what they do. It is like when an airplane lands, everybody stands in the aisle to get out of the plane as early as possible ahead of others, and thus jamming the system. But to each his own!

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2? Most of the October applicants did not get EAD anyways, so that is besides the point. Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.

In any case my dates are current, my kid gets the CSPA protection, so I have very limited interest in this topic going forward. It was more like I told you so statement.

[vedu]

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2? Most of the October applicants did not get EAD anyways, so that is besides the point. Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.

In any case my dates are current, my kid gets the CSPA protection, so I have very limited interest in this topic going forward. It was more like I told you so statement.

I am with you, Ace! And I am sure now that you and your family are fully protected, you will leave USCIS alone to do their work and won't contribute to this ongoing frenzy of unnecessarily jamming the system! Receiving actual GC is just a matter of time now. As French philosopher Pascal once said, "All of humanity's problems stem from man's inability to sit quietly in a room alone!"

[vsivarama]

Vedu, I don?t hate downgrading. What I am appalled about is using the downgrade as second seat in a vehicle where seats are less. With the high Eb2 numbers, why on earth a 2020/21 Indian applicant filed for Eb2?

This is mostly because of ignorance and of course the lawyers who know better will not step in to help the immigrant. My ignorance in the past has lead me in to taking some wrong decisions else my PD would have been earlier or same as yours. Now that we took time to do a deep dive into the numbers, I know this comes under the duh category for us.

Then add 140 application, upgrade to premium all adding more and more unwanted work for USCIS resources whose time might be otherwise used for processing GC.

My school of thought in this is USCIS did a lot of things over the past 4 years to make it's life miserable. Starting with unnecessary biometrics, to shorter H1 approvals, Unlimited RFEs and revaluating the case again even when the criteria has been proved multiple times before. It was as if USCIS was desperate to shoot itself in the foot and the immigrant obliged by handing them the gun. Coming to PP, it's not cheap. It's 2500 per application. USCIS could either increase it's staff, re-org it's personnel or pay the existing folks handsomely to do overtime. I do get where you are coming from, but USCIS was the chief architect of this mess.

[Prabhas]

Do NOT use that AP. We do not have any confirmation of any rule change. It's best to apply for a new one. It's free anyways. As per the current rules that AP should have been rejected.

Thanks Vsivarama and rsnake for your suggestions. I believe I will have to pay $575 for re-applying I-131 separately now. But that is one the of the least concerns. I would want to get this right. I will have the attorney draft a letter as suggested and re-apply for I-131.

BTW - my PD is July-2010. Hope to get greened soon... we will see..


Good day!
V

[AceMan]

My school of thought in this is USCIS did a lot of things over the past 4 years to make it's life miserable. Starting with unnecessary biometrics, to shorter H1 approvals, Unlimited RFEs and revaluating the case again even when the criteria has been proved multiple times before. It was as if USCIS was desperate to shoot itself in the foot and the immigrant obliged by handing them the gun. Coming to PP, it's not cheap. It's 2500 per application. USCIS could either increase it's staff, re-org it's personnel or pay the existing folks handsomely to do overtime. I do get where you are coming from, but USCIS was the chief architect of this mess.

The responsibility solely is with the big boss, whom I adored till recently. He and his team introduced the EB interviews, H4/L2 biometrics to shoot multiple birds with single shot. H4/L2 people have to be at the same location where GC people came for their biometrics. USCIS changed from service agency to enforcement under Cissna. The introduction of 944, and more irrelevant processes to delay things for EB applicants. I was pleasantly surprised by the changes happening to USCIS under Biden. May be personally after being able to apply for 485 and ability to use AC21 might have played a part in mellowing things down for me.

I wish most of the backlogged getting greened over the next 15 months as FY 2023 would bring us back to the scenario from last decade.

[Zenzone]

The responsibility solely is with the big boss, whom I adored till recently. He and his team introduced the EB interviews, H4/L2 biometrics to shoot multiple birds with single shot. H4/L2 people have to be at the same location where GC people came for their biometrics. USCIS changed from service agency to enforcement under Cissna. The introduction of 944, and more irrelevant processes to delay things for EB applicants. I was pleasantly surprised by the changes happening to USCIS under Biden. May be personally after being able to apply for 485 and ability to use AC21 might have played a part in mellowing things down for me.

I wish most of the backlogged getting greened over the next 15 months as FY 2023 would bring us back to the scenario from last decade.

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past Wishing you good luck to get to the final finish line soon.

[qesehmk]

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past Wishing you good luck to get to the final finish line soon.

Sabka number aayega! Shraddha aur saburi !!

I hope biden removes country caps and then also exempts all dependents from visa number or gives those numbers from family.

On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.

[srimurthy]

Sabka number aayega! Shraddha aur saburi !!

I hope biden removes country caps and then also exempts all dependents from visa number or gives those numbers from family.

On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.

If we can't get action to remove the country caps in 2022 or 23 when the load distribution and wait times impact on other countries can be minimal then it may never not happen.
Or should I say the next two years are the best case to get this done as the impact or pain for application from other countries will be less and less opposition.

[Zenzone]

Quick question. Do medical RFEs go to the attorneys too in addition to the applicant? Asking because I received my spouse's RFE by regular mail today and haven't received mine yet although the online status got updated for both of us on the same day. Please share your experience.

[andhraguy]

Quick question. Do medical RFEs go to the attorneys too in addition to the applicant? Asking because I received my spouse's RFE by regular mail today and haven't received mine yet although the online status got updated for both of us on the same day. Please share your experience.

Both the applicant and G28 representative will receive a copy.

[srimurthy]

Moved the H1 and EAD Dual status maintenance discussion to an existing thread and they are available at:
https://www.qesehmk.org/forums/showt...rtunites/page2

[qesehmk]

If we can't get action to remove the country caps in 2022 or 23 when the load distribution and wait times impact on other countries can be minimal then it may never not happen.
Or should I say the next two years are the best case to get this done as the impact or pain for application from other countries will be less and less opposition.

Never say never. It will happen someday for sure. But I have to admit that I can't envision circumstances better than today to make it happen. Presidency, congress and senate. What else is needed? Then why don't we see this happening?

The answer is simple - Squeaky wheel gets the grease. EB-Desi folks must campaign smarter and harder to get their voice heard.

[AceMan]

Ace - I can see your mellow tone now and compare it with the fiery speech you had in the past Wishing you good luck to get to the final finish line soon.

On another note Ace - you know my feelings. People have suffered so much, I wouldn't blame anybody as long as they avail any legal avenue that helps them.

I would think the stories from Idliman and many others here might have an effect on my views. For the record, I always wished the best for all the forum members irrespective of my disagreement on certain topics.

[kb2013]

Please browse a thread on congresman process with good details. I wonder whether you contacted one person (congressman) and before they could process, you went to someone else (senator). The unit / office that deals with these requests at USCIS is a compact one and people might have noticed. Whatever done is done and past is past. So pick one route/office you think is more cooperative / favorable and be in contact with them. It is a very powerful process and eventually things will work out.

I consider elevating / expediting existing cases with USCIS as a process. You have to call USCIS a few times, document it. Then you open one or two SRs. Then try to present a good reason for why they should look at you or expedite your case to congressman. You might have done all these, however you need to specify the things you had done before you went to congressman in the initial paperwork. Just saying the wait time as a reason is not good enough as there hundreds of folks in your boat (2012 filers).

Just as a positve note things are happening slowly for 2012 folks. A friend of mine (straight EB2I 2012 filer), who never kept a tab on GC process or pushed his case or called USCIS for anything (his case is with NSC), went though RFE process and got his cards today. Good Luck.

Thanks! Idliman for the detailed post on this topic. I am seeing the post a little too late. I initiated contact in Jan 2021. I contacted the Senator's office a month after contacting Congressperson's office and getting a standard response from USCIS for their inquiry mentioning that the processing time was like upto 52 months. In fact, the Republican senator's form had a section asking if any other congressperson's office was contacted for assistance with the case. I did fill it with the name of the Rep I contacted, who happens to be a Democrat. Will have to deal with the consequences of the choices made. For now, I am going to try the best I can with the knowledge at hand and let the process play out