I believe you need a physical EAD card to move to new firm on EAD. Just a EAD receipt notice will not do. Gurus - pls correct if the understanding is incorrect.Originally Posted by maverick2010
I believe you need a physical EAD card to move to new firm on EAD. Just a EAD receipt notice will not do. Gurus - pls correct if the understanding is incorrect.
EB2-I, PD: 3/2011, RD: 10/16/2020, ND: 11/21/2020, FP: 03/05/2021, EAD/AP-7/09/2021, I485J - ND: 06/10/2021, GC-
Hello -
Is anyone with a PD of 12/2012 EB2 here? When do you think the PD will become current?
I have Physical I-485 EAD.
PD: EB2-I 2010 | Application Filed: Nov 4th 2020 | Finger Printing: 04/12/2021 | Medicals Interfiled - 06/02/2021 | I-485 Approved - 08/20/2021
Hearty congratulations @SmuggyMBA. Normally we say it was worth the wait but in our cases, wait has been excruciatingly long.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
Given projected 250K-290K EB visa availability based on Charlie O's comments, there is a good chance USCIS may extend filing dates for EB2 in Oct-2021 bulletin. However Charlie has mentioned before that that he doesn't have good visibility into downgrade filings. As USCIS gets through approval for Oct/Nov-2020 I-140 downgrade filings, Charlie will have better insight into EB2 and EB3 demand. Just curious, is your employer not willing to downgrade your I-140 to EB3 ? I know a few folks who had this situation and they offered to pay lawyer/USCIS fee, out of their own pocket and eventually their employers were okay.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
I don't have personal experience with the process, but yes all you need is the EAD to change employers after the 180-day period of pending I-485 has been completed. The lawyer will file a AC-21 package with USCIS which includes the I-485J. Trackkit has a sample cover letter with the document list to be included for AC-21 (all this the lawyer should know already):
https://www.lawbench.com/sample-docu...etter-for-AC21
For the I-485J to be applicable, the lawyer/employer needs to confirm that the new job description and responsibilities are similar to the underlying PERM of the original job for which the I-485 was filed. The SOC code match would be ideal but not necessary. Also job title match isn't necessary.
In summary, looks like the employer/lawyer are doing their due diligence. Not much else to do on your end, except reviewing all documents for correctness before they are mailed out to USCIS.
Last edited by gammaray; 06-23-2021 at 12:21 PM.
Hi Guru's,
Having a quick question. My PD is EB2-I Nov 16 2011. Since EB3 is current right now my attorney is suggesting to file concurrent 140 downgrade and I-485 (EB2 applied though same employer). Since the attorney is reputed one not sure if it is a good idea to say no.
Is it a good idea to downgrade now instead of waiting till Oct 2021. If filed concurrently will I be eligible to 180 days rule after 485 filing (if no EAD received) if 140 downgrade is still pending. Also is there any rough estimate how long this downgrade process will take.
Thanks.
I believe you should file your EB-3 I-140 with premium right away and have it approved and file your I-485 if u can wait for a month or two based on EB-# 140 approval, that way you slightly speed up your I-485 and subsequent processing
SRC; EB2 -> EB3; I-140 approved ; PD 06/2013; RD 11/05/2020; BM -- Sep '2021; EAD 03/22; I-485 Xferr NBC -- 04/25
Absolutely. They are afraid I will leave the company, and they need me here. So, it`s a way of control. I did offer to cover their expenses and it fell on deaf ears. At this point, I`m frustrated with their attitude and bitter.
Hello fellow members and gurus,
I need some immediate suggestions about my pending case. My priority date is Jan 21,2010 in EB2 and I have question about G28 as I have changed my job and did not file either AC21 or updated G28 form till now. Recently when USCIS sent notices about the finger prints being applied to my previous attorney and to me. My previous attorney's notice retuned to USICS as non deliverable, and in-turn USCIS sent back to me as a returned document and my case stuck in there!. My question here is, can I ask USCIS to revoke previous G28 and telling the that I will represent my case going forward? or do I need go through the attorney of the present company which will cost me money and more time. Could anyone please advise me? Thank you and I really appreciate your help.
My lawyer once said that s long as the two jobs have some semblance (even vaguely), they will approve. In his experience over many decades, he doesn't remember of an AC21 being denied. He knows of only anecdotes where someone filed to be a school teacher and ended up being a chef training cooks, which was approved after first issuing NOID. He said that they are normally very liberal in interpreting the same or similar job requiremnt.
I would not worry about it. Make sure your employer lists the job duties that are the most similar with the old job first.
Green card approved on 6/28/2021
EB2-India; PD 2/10/2010; I-485 RD 3/22/2012 at TSC; RFE received 05/08/21: I-693 (Medical), "Job Offer Letter", and Biographic info (G-352A). RFE response received by USCIS 6/4/21; Officer # XM2027
Downgrade filings will only help OP. 250K visas + spill down from EB1 (which is current) + all the EB2-EB3 downgrade filings should logically progress the EB-2 dates rapidly. Whether it happens FY 2022 1Q or later (CO suggested in one of the calls that dates will continue progressing rapidly start of FY 2022 and then slow down -- which is sort of contradictory to how spillover is applied which results is dates progressing in 3Q-4Q, but maybe he was talking about FDs and not FADs) it should happen and OP's date should be current sooner rather than later,in EB2.
Last edited by gammaray; 06-23-2021 at 01:58 PM.
So, do you recommend I stay put and hope the PD of 12/2012 EB2 will get current relatively soon, within the next 4 - 6 bulletins?
I guess if possible look for an employer who is not holding you hostage. This is modern day slavery.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
Thank you Gammaray!
PD: EB2-I 2010 | Application Filed: Nov 4th 2020 | Finger Printing: 04/12/2021 | Medicals Interfiled - 06/02/2021 | I-485 Approved - 08/20/2021
Thank you nbk1976!
PD: EB2-I 2010 | Application Filed: Nov 4th 2020 | Finger Printing: 04/12/2021 | Medicals Interfiled - 06/02/2021 | I-485 Approved - 08/20/2021
It's a tricky question and at this point we are all speculating what may happen in future. What we know for a certain fact though, is that you are current in EB3 queue. If possible talk to whoever you need to in your company (go to as higher level possible) and go for EB3 I-140 downgrade + I-485 concurrent filing (and don't forget to attach I-693 medicals along with it). This is a life changing event for you and it's not just about them worried about you quitting. You can give them any verbal assurances to allay their fears (which you can always turn back on).
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
I`ve thought about it. But, I`m tired - after 15 years, starting all over again is daunting and scary. So, I just have to put my head down and be patient and hope EB2 12/2012 becomes current.
NBK1976 ,
How long it took to get RFE documents for you once RFE is issued.
Mine they issued 6/17/2021 qnd not yet received.
I`m going to try again. I did my level best in Oct 2020. Thanks for the heads up about the I-693. I agree it is life changing. The freedom to take care of your family back home at a moment`s notice with a visit, ending the nonsensical H1B cycle, freedom to pursue other jobs....
Based on my experience so far:
- Stay away from downgrade based I-485(no PP and that perm pull is like a black hole - See image below)
- EAD /AP filing seems innocuous. You never know when and if you may need it so probably file it anyway. Con is spending money and as some people suggest - increasing workload.
- Sending medicals with 485 filing is a must. Do not miss it!
Nothing else specific comes to mind. My friends who were able to do straight filing are in a lot better position so just follow that path and sit tight.
p.s.:
Summing up popular opinions here - there are two main reasons a lot more people from Oct - Nov 2020 batch are not getting greened right now:
- Medicals were not included in Oct,Nov 2020 first time I-485, straight filers
- downgrade I-140s are stuck even after 8 - 9 months
Best to stay away from these two issues.
Category: EB2 India
EB2 Priority Date: 07/17/2011
Processing Center: NSC
EB2-EB3 Downgrade: 10/29/2020
Receipt Notice: 02/12/2021
Biometrics Date: 05/27/2021
EB3 I-140 PP filed - 04/20/2021, 06/23/2021
EB3 I-140 Approval Date: 07/08/2021
I-693 RFE: 08/04/2021
RFER: 08/11/2021
EAD/AP - Awaited
GC - 08/30(New Card ordered.)
Quick question... Can I use my HSA account card for paying the immigration medical exam?
Both the time i got in 3 working days. check with your attorney they also receive a copy.
Yes, you can! I did even better. I paid by my credit card (earning 2% cash back), and then got it reimbursed through HSA account! Every penny counts!
If multivitamins from CVS are covered then why not immigration medical exams. its a legitimate medical expenses. I believe any medicines, medical expenses, lab expenses are eligible for HSA account.
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