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 see so many questions abt how/what approach to take while applying for 485. Sharing what I did, will share when i get my GC
Pre-Nov 2019 - Approved I-140 under EB2 with PD Sep-2010
Job Change - Nov 2019
New perm started - Jan 2020 (under EB3)
PWD and recruitment - Jan 2020 to Sep 2020
Perm filed 8th Sep 2020
Perm Approval - May 18 2021
Concurrent filing I-140 (PP), I-485, EAD, AP with medicals - June 17th 2021 (FAD under EB3 is post Sep 2010)
Awaiting for receipt numbers + I-140 PP decision.
Based in CALI so generally my cases goes to LIN (finger crossed)
Similar case like yours
PD: Aug 2010 EB2 India
Job change: Nov 2018
New perm started - June 2019
Perm Filed: Oct 2020
Perm Approval May 4 2021
Concurrent filing I-140 (lawyer missed premium, will upgrade shortly), I-485, EAD, AP with no medicals(lawyer said wait for RFE) - June 17th 2021
Received text notices today (for primary only, from Nebraska ) for I-140,EAD/AP, Finger print
PD: August 13 2010, EB2 India; RD: 06/18/2021, ND: 06/24/2021
Chinese predictions / calcs (includes India): http://stats.niunational.org/
In other news, Chinese Telegram groups which scrap date everyday are tracking to 100% SO wastage unless USCIS picks up speed.
Does anyone have any data for how many EB2->3 downgrades took place last October? And how many of these have filed for PP? I wonder if there are a lot of unapproved I140s in addition to missing medicals. I think most downgrade I140s have not been approved in regular so far.
What is the reason that some lawyers are still not filing with medicals? Are they trying to save the clients doctor's fees in case the dates retrogress and you don't get GC in 2 years and the medicals expire? If the lawyer wasn't an EB immigrant themselves, they wouldn't know that a few hundred dollars are not a big deal for most people working in the US for more than a decade. Don't they know that dates aren't going to retrogress because of new spillover visas this October so almost anyone applying now should get their GC in the next two years before medicals expire.
In the best scenario not sending medicals will cause a delay of at least 3 to 4 months in getting GC, and in the worst (unlikely) scenario people might miss their chance for GC for a very long time in case Congress passes a law to keep FB spillover visas with FB because of Covid.
Or maybe they don't want to send medicals so they can charge more money from the client to respond to the guaranteed RFE.
Thanks Turbulent_Dragonfly and beagle. My ER for EAD was denied without request for evidence.
Thinking raising a SR for AP in the hope that EAD is approved as well. Do you suggest that or to try ER for EAD again or both?
This is time sensitive as my wife has a job offer and she cannot drag it for too long.
Unfortunately if they already denied the ER, they will likely not consider it again. Regarding your wife's case, I have heard it explained like this: If you are the primary and try to seek ER for your dependent spouse, then there is no financial loss as you are still gainfully employed. The way I was able to do ER was because my license was expiring and my H1 was pending too so I was in real danger of losing the ability to drive. They did reject my wife's request to expedite EAD/AP as she already has a H1 and does not really need it.
GC Approved 7/29/2021
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Thanks Monty. I will raise the SR as it's outside of the processing time of TSC.
When I tried to ER the second time , I got the same answer from the agent that dependent's job loss is not a financial loss , but I was also told to try again after 30 days.
Some folks suggest to keep trying . I am not sure if anyone has had the success with ER being accepted after the earlier denial.
Our lawyers are from a big law firm known for sluggishness.
Well, their reasoning was that
- Based on my PD, retrogression wouldn't possibly affect me, and I had to get my I140 approved as well.
- Better to wait for medical RFE - as that's what they strictly follow.
Our HR follows lawyers to the T
PD: August 13 2010, EB2 India; RD: 06/18/2021, ND: 06/24/2021
Question - Both my parents names are misspelled on my birth certificate - by one letter each (phoentically fine) and middle name is missing for one of them. My name is correct. Our attorney/immigration guy said since it's an EB case and not a FB case, it doesn't matter and I don't need affidavit or anything. Should I be worried?
Last edited by abcx13; 06-24-2021 at 07:30 PM.
I have already filed, so just wondering if I will get an RFE or something for this.
Birth certificate question :
On my spouse's birth certificate, the name field is left blank. Can we write her name by hand on the birth certificate ? OR Do we need 2 affidavits for her ? I thought I read somewhere that the name could be written by hand. Does anyone have any personal experience on this scenario ?
EB2-India; PD: 4th Nov 2011; I-485 RD : 1 OCT 2021; I-485 ND : 15 OCT 2021; 485 Receipt # : MSC2290023***; I-485J ND : 5 NOV 2021; BM : 22 NOV 2021;
My birth certificate was generated recently. It is considered as late registered so attorney suggested to get two affidavit one from parent and one from close relative and a school record that show father's name , date of birth . I got a letter from my school with above details and two affidavit. So far so good. Finger crossed.
Does anyone know when (or at which stage of processing..) exactly the case gets transferred to FO?
Also, I don't think we get a case update notification when the case is transferred to FO, I believe it's only when it's transferred to another SC. Can anyone confirm this?
Last edited by montyp80; 06-24-2021 at 10:06 PM.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
There are quite a few applications which are never transferred to FO. Lookup the link below for most common USCIS case status.
https://www.fickeymartinezlaw.com/im...l-explanation/
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