EB2-3 Predictions (Rather Calculations)

[qesehmk]

Wow, happy to know some people are trying to get real experience. Most spouses i have seen just jumped into IT job market with 3 months of training and 10 years of fake resumes.

Perhaps I am behind on this And if you are too then remember the volunteering thing I mentioned. It will save you.

[YTeleven]

Hello Experts,

My Priority-Date is 08/23/2011 on EB-2-India Category and my attorney will be filing the applications (I-140+PP+I-485+I-765+I-131+I-693) for me (and my family) sometime next week. I hear from them that due to the concurrent-filing scenario, all my applications need to be submitted to the Texas Service Center. I also heard from one of my friends (who recently received his GC) that it is the I-140+PP that will get processed in the Texas Service Center and the rest of the applications (I-485+I-765+I-131+I-693) will be transferred from Texas SC to some other Service Center. I wanted to check with you all if the statement that I heard from my friend is a valid one - can you please confirm/correct on this aspect?


Thank you!

Your EB2 PD is in final action date and it will be like that till end of this FY.
If I were you I would do this way:
1) First file 140 with PP - get it approved in 2 weeks
2) Next File just I485 + I485J +I693 (NO EAD/AP) and expect to get the GC in hand in next 6 to 9 months.
Of course this requires support from your lawyer and employer but this will be the fastest route to get the GC in hand IMO.

[YTeleven]

Just once again feel cheated by the whole system: employers, lawyers, USCIS and politicians. It almost feels like they are all working together to make sure that we remain shackled and dependent on these prison walls (plugging a shawshank redemption quote : "These walls are funny. First you hate 'em, then you get used to 'em. Enough time passes, you get so you depend on them. That's institutionalized.").

My story is probably not unique and there are thousand others like me who came so close to getting adjudicated and now face retrogression. I am talking to my employer to see if they can allow me to file another I-485 EB2 AOS petition while EB3 downgrade is still pending (without withdrawing current petition). My HR manager has probably never dealt with all these tricky plays and any recommendation he makes will scale by thousands so he is not willing to allow me to file EB2 I-485, even though I said I can cover legal fee and you just need to sign the paperwork to allow use of approved EB2 I-140.

Waiting in retrogressed EB3 at Nebraska Service Center is not going to do any good, I can keep filing interfile requests, keep raising SRs, congressional inquiries and USCIS will just shake them off like a dog with bad case of fleas. Feel so hopeless and helpless.

IMO this retrogression is temporary.. they will move FAD dates forward in Q2 or Q3..
you should get your GC in this FY for sure.
If you still want to try more... get the I485J based on EB2 140 from your employer and file the new 485 for yourself. if you need the 140copy get your A-file from FOIA request.

[YTeleven]

2011 feb 14 pd eb3, new perm approved, i140 in premium applying i485 next. employee in va, employer located in ohio. which service center it goes to for 485 and will the date stay Jan 2012 for eb3 for this year? filing medicals along with 485

Straight i-485 case should go to MSC service center (but Not sure) but your EB3 PD is in FAD and it will be current in FAD for future.
First get the 140 approval with PP and then File 485 with 485J.. you can expect your GC in this FY.

[gc2011india]

Gurus, Need your guidance.
Mine is Eb2 I PD May 2011. Going to apply for new I 140 and 485 within a month. (I am based out of California).
Can you guide me the best route to apply? I 140 PP and 485 togeher or I 140 PP and after approval 485?

[newyorker123]

Straight i-485 case should go to MSC service center (but Not sure) but your EB3 PD is in FAD and it will be current in FAD for future.
First get the 140 approval with PP and then File 485 with 485J.. you can expect your GC in this FY.

YT, Others - I have heard of this before also - advantages of MSC. Is MSC much faster/straightforward compared to Texas/other centers ?
I just filed I-485, PD EB2 Jan 2012. Will my application go to MSC ?
My PD is not current though in FAD. Really hopeful of somehow getting GC this FY.

[SG2020]

IMO this retrogression is temporary.. they will move FAD dates forward in Q2 or Q3..
you should get your GC in this FY for sure.
If you still want to try more... get the I485J based on EB2 140 from your employer and file the new 485 for yourself. if you need the 140copy get your A-file from FOIA request.

I am EB2 with May 2011 PD, and filed for an EB3 downgrade last October. I don't have the I-140 approval yet and just got FP done in late September. Other than that, there has been no movement on my application.

Do I have an option to file another I-485 application against my already approved I-140 in EB2 (I am current for that too)? If yes, can I do that myself or through a different attorney? I could probably go through our firm's attorney too (Fragomen) but want to know the options before I talk to HR.

[prepleo]

YT, Others - I have heard of this before also - advantages of MSC. Is MSC much faster/straightforward compared to Texas/other centers ?
I just filed I-485, PD EB2 Jan 2012. Will my application go to MSC ?
My PD is not current though in FAD. Really hopeful of somehow getting GC this FY.

So far that has been the trend. MSC has been the fastest for folks who had applied for I485 in OCT-NOV 2020. Most of those cases have been for 485 petitions where I-140 was approved quite some time ago. Timeframe to receive GC has been 8-12 months. However, there are still 2020 filed applications with MSC which have not been approved. So although there is a general trend there is no guarantee this will continue.

[andhraguy]

Sorry to hear that Light. Do you know 485 is YOUR application. Company has nothing to do with it. You can file 485 as EB2 or EB3 as long as you have the right underlying 140. Companies usually are secretive about the 140 and rarely will provide you a copy. So I am not sure how but I just want you to at least understand that 485 is your application and you only use 140 as the basis for that application.

You need to submit 485-J as part of 485 application packet and that needs employer's signature. I am 100% sure but had to believe since my attorney asked for it.

[android09]

Last feed taken from USCIS (1,5 month back) still has ~3k 2009 applications from SRC. LIN seems to have few of them.

Wow? that?s tough. Those 2009 filers have been hanging on EAD since 2012. Any case that has waited over 5 years needs to be grandfathered in or be compensated for the lost opportunities, mental stress and Renewal costs while waiting.

[srimurthy]

Moved a few posts talking about where their applications are and the responses from USCIS Site, SRs and stuff to Application status thread:
https://www.qesehmk.org/forums/showt...5290#post85290

And moved some kids aging out questions to:
https://www.qesehmk.org/forums/showt...ght=kids+aging

[bones20]

I have a question related to "official notice of i485 approval". Below is my approval timeline:

PD: 04/29/2010
Category: EB2
GC approved: 09/23/2021
GC received: on 09/28/2021
"courtesy copy of i485 approval" received: 09/30/2021

I have still not received the "official notice of i485 approval" I created a service request here but the response was hey we mailed you the GC and approval notice on 09/23/2021. No suggestion on next steps etc. My lawyer Fragomen hasnt received the official notices either. If someone could please suggest options here. thanks!

[Zenzone]

The thing that Senate Parliamentarian denied was a broad immigration proposal that would have avoided filibuster. This one is going through the normal route and will be subject to filibuster. The negative adjustment is unlikely although the language of the bill talks about "Difference". Check it out. Given the anti India bias in all things immigration, it is not entirely unlikely that agencies end up interpreting the "difference" that way.

If this is not part of any budget reconciliation package and subjected to filibuster as a result, this will almost certainly be filibustered by the GOP. IMHO, the bark will be scarier than the bite here. Good Luck for folks waiting to get your approvals soon.

[gsingh]

Experts ,

I have an approved I-140 in both EB2 and EB3 with the same employer for the same position.
I-485 was filed along with I-140 EB3 (downgrade) in October last year. My Priority Date is 04/2012. EB2 I-140 is from 2012
I am wondering incase EB2 FAD moves to 04/2012 in the coming months, should I request interfiling to pending I-485 for transfer of the underlying basis to EB2 ?
Not sure what are the chances of interfiling request being accepted USCIS.

Has anyone tried it or have recommendations?

Appreciate any inputs.

Thank you.

[LightAtEndOfTunnel]

Sorry to hear that Light. Do you know 485 is YOUR application. Company has nothing to do with it. You can file 485 as EB2 or EB3 as long as you have the right underlying 140. Companies usually are secretive about the 140 and rarely will provide you a copy. So I am not sure how but I just want you to at least understand that 485 is your application and you only use 140 as the basis for that application.

Thanks Q. Upon doing some more investigation, it seems that even if my case is retrogressed under the original category where my I-485 was filed (EB3 in this case) and if my priority date becomes current in other category EB2 and if my EB2 I-140 comes from the same employer with no change in the job description then USCIS shall be able to allocate visa from EB2 queue. [Ref: http://blog.cyrusmehta.com/2021/10/n...uestions.html]

Is this understanding correct ? In that case I may be better off without filing new I-485 for EB2 as interfiling won't be necessary in my case. Am I missing something?

[qesehmk]

Thanks Q. Upon doing some more investigation, it seems that even if my case is retrogressed under the original category where my I-485 was filed (EB3 in this case) and if my priority date becomes current in other category EB2 and if my EB2 I-140 comes from the same employer with no change in the job description then USCIS shall be able to allocate visa from EB2 queue. [Ref: http://blog.cyrusmehta.com/2021/10/n...uestions.html]

Is this understanding correct ? In that case I may be better off without filing new I-485 for EB2 as interfiling won't be necessary in my case. Am I missing something?

I am not sure you get approved as EB2 without ever filing a 485 as EB2. I think you have to have EB2 485 filed at least once in order to be allocated a visa under EB2. Now you can have multiple 485 filed and then be approved in any one of them depending on whichever is current.

Let's see I am getting old .... perhaps others can correct me if I am wrong!

[pramod]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

[Noesis]

I am not sure you get approved as EB2 without ever filing a 485 as EB2. I think you have to have EB2 485 filed at least once in order to be allocated a visa under EB2. Now you can have multiple 485 filed and then be approved in any one of them depending on whichever is current.

Let's see I am getting old .... perhaps others can correct me if I am wrong!

Q,

I am in the same boat as Light, my PD will be current under DOF in EB2 and I have filed my EB3 485 last year with no updates. Would you suggest to file EB2 485 now or wait for the dates to become current under FAD.? I am in the same job, same company and I do not see any issues from my company/HR about filing another 485 other than me incurring the cost.

[Noesis]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, we can interfile the request to process your case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

Thank you, so it is not advisable to interfile unless the PD is current under FAD.? My attorney gave a very vague answer, in a nutshell "Upto You".!

[LightAtEndOfTunnel]

Q,

I am in the same boat as Light, my PD will be current under DOF in EB2 and I have filed my EB3 485 last year with no updates. Would you suggest to file EB2 485 now or wait for the dates to become current under FAD.? I am in the same job, same company and I do not see any issues from my company/HR about filing another 485 other than me incurring the cost.

There is no one who can put their foot down and say this is the right thing to do. Even lawyers are split in their opinions. Some lawyers say it is okay to file two I-485 if it helps you to get out of severely backlogged service center. I am still as clueless after hearing conflicting opinions.

[gsingh]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

Do we know whether USCIS is accepting such interfiling requests ? Or is it like the I-693 interfiling which worked for some but not for others.
Has anyone tried this recently ?

[qesehmk]

My attorney says USCIS instructs applicants not to have two separate pending I-485s at the same time. If EB-2 priority date becomes current under the final action chart, then interfile the request to process the case accordingly.
I don't think USCIS automatically processes EB3 I-485 pending application under EB2 (when EB2 final action is current) without an "interfile" application. So, my understanding is one cannot file a new EB2 I-485 with a pending EB3 I-485. Also, not to file interfile request until EB2 date is actually under final action. However, I'm not sure if all attorneys are conveying the same message or not.
I guess its even more waiting game for me after 17 years and counting...

I think this is close to my understanding. Although for the life of me I don't understand why one can't file two 485. USCIS can discourage it all it wants. But 485 is just a form that says "I want to adjust my status to GC" !!! That's it.

It seems USCIS has an interfile option and if so - then use that when your new category becomes current. But don't live scared. Trust your lawyer not the company lawyer.

[pramod]

Thank you, so it is not advisable to interfile unless the PD is current under FAD.? My attorney gave a very vague answer, in a nutshell "Upto You".!

I guess the rationale is IF the priority date is current under the filing chart and not the final action chart, it will not do any good to ask USCIS to adjudicate the case according to EB-2 I-140. Also, given lack of clarity on exact EB numbers for this fiscal year, it is still not clear (at least in my mind) on what to actually expect for EB2/EB3 final action in coming months, So, probably better wait?

[AceMan]

There is no one who can put their foot down and say this is the right thing to do. Even lawyers are split in their opinions. Some lawyers say it is okay to file two I-485 if it helps you to get out of severely backlogged service center. I am still as clueless after hearing conflicting opinions.

I will put my foot down and say this is a sure way of doing things wrong. Last year we had enough discussion on this, and I was branded selfish by many good people here. It's now a year since I applied, 7 months for processing, 5 months being current and all the jumping up and down did not help them or any others waiting in the queue. The people who downgraded and got their GC also had their Eb2 PD current.

[rotikapdaaurgc]

I have a question related to "official notice of i485 approval". Below is my approval timeline:

PD: 04/29/2010
Category: EB2
GC approved: 09/23/2021
GC received: on 09/28/2021
"courtesy copy of i485 approval" received: 09/30/2021

I have still not received the "official notice of i485 approval" I created a service request here but the response was hey we mailed you the GC and approval notice on 09/23/2021. No suggestion on next steps etc. My lawyer Fragomen hasnt received the official notices either. If someone could please suggest options here. thanks!

Congratulations man ! I have the exact same PD as yours and am still waiting for medical RFE. I have even reached out to my Congressman and Senator, also raised a couple of SRs but there is no activity on my case.

Can you suggest what else can I try now?

Thanks