EB2-3 Predictions (Rather Calculations)

[inspired_p]

we have 2 separate Alien numbers, one for me (in I-140 approval as well as H1b extension approval) and a different one for my wife (in H4 approval and EAD card)
while doing the medicals i am required to provide alien number of the form. which one to provide for my wife's application?

This is what my lawyer told me. H4-EAD Alien # is a temporary number and they will not use it in the applications. My wife had a A# based on her own I-140 approval , and that A# is permanent and hence she can use it. If spouse(dependent) has never filed I-140 then Alien # is supposed to be kept blank .

[raradhya]

If the I-485 is pending for 180 days, you can under the AC21 Act move to another employer and do similar work without the new employer filing another I-140. If you want to move before the 180 days, the new employer must file a fresh I-140.

If you are laid off before 180 days, it won't affect your AOS as long as the employer does not notify the USCIS by revoking the I-140. Most employers will revoke it if they are laying you off unless they plan to rehire you when your case becomes current and ready to be adjudicated.

Now, if the employer revokes the I-140 only after180 days, but you were indeed terminated before the 180 days, that is (at least for me) a gray area. If you are able to find another similar job, you might be OK, but that is something you need to ask a good lawyer.

Thank you for clarification

[Turbulent_Dragonfly]

This is what my lawyer told me. H4-EAD Alien # is a temporary number and they will not use it in the applications. My wife had a A# based on her own I-140 approval , and that A# is permanent and hence she can use it. If spouse(dependent) has never filed I-140 then Alien # is supposed to be kept blank .

My wife had an OPT EAD, H4 EAD and now H1. The A number is constant in that. I have no idea if the first time you get an H4 EAD without having another A number before, it will be 'temporary'. It does not make any sense to me. My understanding was that the A number that USCIS generates for an individual is a unique number that persists among different applications.

[inspired_p]

My wife had an OPT EAD, H4 EAD and now H1. The A number is constant in that. I have no idea if the first time you get an H4 EAD without having another A number before, it will be 'temporary'. It does not make any sense to me. My understanding was that the A number that USCIS generates for an individual is a unique number that persists among different applications.

I have F1 EAD and I-140 EAD , these are not the same. My wife has F1 EAD which had a different number, I-140 and H4 EAD ( which was after I-140) are the same.

[GCWait2011]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?

[Turbulent_Dragonfly]

I have F1 EAD and I-140 EAD , these are not the same. My wife has F1 EAD which had a different number, I-140 and H4 EAD ( which was after I-140) are the same.

Strange, but par for the course when it comes to USCIS.

[powerofzero]

Hello,

i am hoping someone here can advice me on whether to downgrade to EB3. My PD is May2012 in EB2I. I initially thought downgrading to EB3 was a no brainer assuming i could always interfile with EB2I I-140 if EB2I ever moves ahead of EB3I. However, my lawyer told me the following:

"Filing an EB-3 I-140 does not put your earlier EB-2 I-140 at risk. You will have two I-140s with the same priority date, the only difference being the preference category. If EB-2 moves back in front of EB-3, keep in mind that there is no mechanism in place at USCIS to change the underlying I-140 of a pending I-485. Although we can try doing that by sending in a letter to USCIS asking them to use a different I-140 for a pending I-485, there’s no telling if they will agree to do so. Given that, you need to have the expectation that USCIS is going to adjudicate the I-485 based on the I-140 the I-485 is initially filed on.

Note that almost everyone with an EB-2 priority date is now requesting to change to EB-3. The likely outcome of this is that the EB-3 quota may quickly slow down, and EB-2 will once again be faster. Even so, we really don’t know which category will be faster six months from now. There is no way to optimize this by trying to jump back and forth between EB-2 and EB-3 as the visa bulletin changes. Again, thousands of other applicants will be trying to do the same thing. If you choose to file an EB-3 petition and I-485 in October, then you must be committed to remaining in the EB-3 queue."


The part about committing to EB3 perpetually is a bit concerning. Can someone please help me navigate this?

[smuggymba]

smuggymba, I think it is better for you if you proactively submit I485-J. This will force an RFE for medicals and G-325A when the I485J is approved in 3 months. The medicals are valid for 2 years. So by the time, you respond to medical RFE, it will be 4 to 6 months from now and you will be current.

Or you can stay put and wait for the RFE when dates are current.

good point idliman...will take action.

[tomhagen]

good point idliman...will take action.

I second what Idliman said. Filed AOS first time and my attorney sent the following docs for me and wife (except 485J because she is dependent)

I-485
I-485J
I-765
I-131
I-944
G-28

He said when they approve 485J and if they think your date will become current then they will issue RFE for Medicals.

[2011Feb]

Hi Gurus,

My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.

Does any one applied and got the receipt this month?

[idliman]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?

Yes. It is called Transfer of Underlying Basis in USCIS language or Interfiling. One of the requirements is that your I-485 should have no breaks in continued eligibility. Note that Interfiling also can apply to retention of PDs via a separate procedure so Transfer of Underlying Basis is a more specific term for downgrade.

Your PD is eligible for both EB2I & EB3I only on "DF" basis. You have to decide whether you want to do transfer the basis now or wait and do it later. Anyway, file AOS as soon as possible (EB2I or EB3I). No one can guarantee that the "DF" will remain open next month. Even top attorneys quoting "DT admin's" past actions recommend filing AOS before the end of October. You never know when the window will open again. If you want to better understand the urgency, talk to someone with EB2I 2010 PDs who missed by mere days and waited many years to file for AOS. Good Luck.

[bones20]

One quick question, My EB2 filing date is current as per filing chart, Can I downgrade to EB3 by filing I-140 and 485 concurrently ?

whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!

[getsaby]

Thank you. My spouse has an Alien number from her I-140 approval. but now she is on H4 with EAD. in both cases she has the same Alien number. how ever she is not he primary applicant for filing AOS now. so i am not sure which Ailen number to use. because some of my friends do not have a Alien number assigned to their spouse they all use the primary applicant's number.

my PD is DEC 2010 if that matters.

Even my spouse has A# from H4 EAD, when I asked the lawyer why not using A in 485, here is her response

We only list the A-number if it is in relation to an underlying petition for the I-485 application. So, they are fine as is.

[tomhagen]

Hi Gurus,

My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.

Does any one applied and got the receipt this month?

During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waiting

[2011Feb]

During the pandemic time people were receiving the receipts after 3 weeks. With so much of increased work load and shortage of resources, I would say it will take 4-6 before any one will start receiving the receipts. My AOS is sent on 10/06 and received by Texas Service Center on 10/07. I am also waiting

It's going to be some time before they start issuing receipt notices. It may be 3-4 weeks according to my attorney.

Thanks. I was told by my lawyer, it will take two weeks. Hoping to get receipt notice sooner.

[Spurs19]

I have an update that my I-1485 case was received at my local office. My PD is 12/4/2009 and I have approved EB-2 and EB-3 I-140 applications and my interviews are completed. Does this mean I'll get a medical RFE from my local office. I thought NBC usually sends out the medical RFEs?

[newyorker123]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

[tomhagen]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

That really depends on volume of the applications USCIS is going to receive and number of downgrades. It is anybody’s guess at this moment. We will get clarity only by December

[android09]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

Let’s all hope it moves further and helps lots of folks in 2012 and 2013 !

[Turbulent_Dragonfly]

Gurus,
Is there any realistic chance of further EB2 filing date movements to 2012 in the coming few months ?

I don't know if they will know until a few months into FY2021.

Since EB2 was current until May 1, 2010 before, we can assume most have their AOS filed until that PD. So that leaves people from May 2010 - May 2011. If they can compute how much total spillover from different categories is available for EB2 in FY2021 and get a handle on the number of defections to EB3, they may be able to move the filing further to make sure there is no wastage.

[inspired_p]

I don't know if they will know until a few months into FY2021.

Since EB2 was current until May 1, 2010 before, we can assume most have their AOS filed until that PD. So that leaves people from May 2010 - May 2011. If they can compute how much total spillover from different categories is available for EB2 in FY2021 and get a handle on the number of defections to EB3, they may be able to move the filing further to make sure there is no wastage.

We do know that there are many of the 2012 filers still waiting for their GC. I think around 15K are still in waiting which represents upto May 2010. Considering same amount to file for May 2010 to May 2011 , i think the expected spillover of 30K is used up till May 2011. I do not think EB2-I FAD will move beyond May 2011. I am also quite sure that Eb3-I FAD will not reach Jan 2015 this year. If the spillover is equally distributed between EB1 , EB2 and EB3 as it is said to be I predict EB2-I to get all used up till May 2011 and EB3 might get upto end of 2013 ish

[sandya0823]

I am new to this forum, I need your input my question below.

I work for EMPLOYER B now and when my PD with earlier company EMPLOYER A and my PD got current they agreed to file my i485 /i485 j/ EAD/AP and they asked me to come back to their company as they will rehire me. I agreed to this approach so they filed i485 / i485j . Now I got EAD and got another offer with EMPLOYER C... can I move and work for EMPLOYER C until I get my GC and then I can move to EMPLOYER A. please let me know

-Sandhya

[GCWait2011]

whats your PD? My PD is April 2010. Fragomen suggested to not downgrade for now. Please do let me know what you end up doing thanks!

My PD is April 2011 and I already submitted the documents for EB3 downgrade.

[bones20]

My PD is April 2011 and I already submitted the documents for EB3 downgrade.

thanks. So in your case, that was the only option available for filing AOS.

[dexter2010]

Friends,

I have an odd predicament. My PD is 12/29/2010. In the PERM the Job Title offered was "Senior Computer Programmer Analyst" with an SOC Code 15-1132 and a pay of 93K. My I-140 was filed under EB2. Now that my filing date is current and Im eligible to file my AOS/EAD/AP applications, my attorneys are advising that my case would be high risk as the job that Im currently doing along with my title is much higher that what's in the PERM and USCIS may reject my application. I'm in a Senior Leadership role (Large IT services company) with a base pay that is much higher than the 93K associated with the PERM. They are recommending that we file a new PERM petition that aligns with my current title and job description. I would think given the time it takes from PERM to AOS, career progression is obvious. Would USCIS really reject such an application saying this candidate will not take a demotion from a leadership role to become a programmer.

Has anyone experienced this? Appreciate any advise I can get.