EB2-3 Predictions (Rather Calculations)

[gsingh]

Thanks for your response. Yes, I am current in both. The only difference between both the queues for me is I have an approved I-140 for my EB2. The I-140 for the downgrade has not been approved yet. Requests for expedited processing through Fragomen were turned down 3 times. Should I choose a queue where I have an approved I-140 at this point?

I will start writing to our 'leaders' in Cali...has anyone had any success with either the senators or their congressperson in the bay area? We had approached Dianne Feinstein's office during my wife's H4-EAD, and it was totally bonkers. We were just shocked by the treatment we received from her team - rude, incompetent, and just indifferent.

I see. Another option if you wish is filing a new I-485 in EB2 and withdraw the pending I-140 and I-485. Withdrawing I-140 takes just a few days.
When the original application is withdrawn , atleast from the initial data it seems the new I485 direct filling cases stay at NBC. There are people doing that.
Once I-140 is approved and over 180 days it cannot be withdrawn and 485 withdrawal takes a really long time so a pending I-140 might actually be a blessing.


There is a telegram group for the LIN/SRC folks in Cali trying to setup a meeting with senator staff. I can add you in there if you are interested. Let me know.

[mitul75]

This should be unacceptable with 260K visa numbers available and they being able to process 87K in the last quarter it's such a waste ! unfortunately this is by design ; there is a strong bias against EB I

While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

[qesehmk]

While I agree that 100k+ visa wastage is unacceptable, it doesn't necessarily show a bias against EB-India. By design, horizontal spillover happens in the last quarter of every fiscal. Meaning, any unused visa numbers from ROW can only spill over to the most retrogressed category in the last quarter, when it becomes evident that there are no takers for these visas in the ROW category. While I don't have any USCIS rulebook handy to point to this policy, I have seen this trend for many years, and have read about this rule in other forums as well. And if you think about it, it makes sense for USCIS to not distribute visas prematurely from ROW to individual countries since a sudden rush in demand of ROW visas can happen in any quarter. Only a policy change or a law change can make USCIS to not waste visas and/or recapture visas from prior years.

Mitul - since I have been doing number crunching for a very long time I have observed how backlog by country by category and by processing stage (labor 140 485) has behaved. USCIS has systematically eliminated ROW backlog across all stages and all categories while starving EB-India at every turn. In the old days (i.e. 2008-2012 timeframe) EB India could easily get 10-20K spillover in each category EB1/2/3. But USCIS in those days systematically accelerated approval of ROW applications not just across categories but across processing stage. Funnily that included CP backlog for Philippines nurses too. Then they came up with this theory that the 7% limit holds across EB and FB and started approving (S. Korean EBs more than 7% in EB saying S Korea doesn't use as much in FB).

USCIS does have deep bias against Asians and Indians. There is just no doubt about it. The entire department doesn't have to have bias. Even if you have a few people that are racist that's enough to tip the scale against you.

[waitingforGC1]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

[qesehmk]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

waiting i would imagine 1 month max, 48 hours ideally. There is no telling. FP is just a small step in your 485 processing. Wish you the best and welcome to forum

[ImmiGiveMe]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

[SG2020]

I got my biometrics done in August and my wife in September this year. Her status update for I-485 and I-765 happened on two separate but consecutive days within a week of her appointment. My status never updated to show my fingerprints were taken/biometrics applied. After chatting with Emma/agent, I was informed that the officer may not have updated my case but the agent confirmed that the biometrics had been applied. As mentioned below, chat with Emma till someone confirms that biometrics have been applied.

There is no set period that the status will get updated. Mine was done on 12/23 and the status did not change. One of my friend's BM were done on 12/6 and the status did not get updated.

We both chatted with live agent we got 4 different responses (2 for our cases and 2 for dependents).

Response 1:" BM has been received and applied to your applications and status is update. You have to make a USCIS online account for the latest updates" .. even in my online account the status is not updated.

Response 2: " Your BM were received on.., you will not receive another update until USCIS either makes a decision or needs something from you"

Response 3: " BM received from AS on 12/6 if you wen to the facility and it was taken there then we have it, so it may or may not update for your viewing!'

Response 4: " This is a technical issue we have been seeing as to where applicant are not getting the update when biometrics are applied to their cases. However, it has updated on our side to show that the biometrics was completed and applied to the case"

[waitingforGC1]

Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

[ImmiGiveMe]

Thanks all for the reply.

@SG2020: I tried to chat with Emma but i dont get the options, it give the options to check the status on USCIS and other info. I am not sure, how to chat with live agent or what should be the question to Emma so that Emma would reply to my question of BM

Once you initiate a chat with emma, type live agent and it will give you an option to click live agent link. if not type live agent until you get one.

[android09]

Hi All,

I am new to this forums and would like to ask a question, how long will it take normally to get the status update on USCIS website after the fingerprinting is done, I had my fingerprinting done on Dec 8, 2021, and I dont see any update yet. So was curious to know. My PD is Dec 2011, EB2 and my file went to NBC.

Don?t worry about it. As long as you get your biometrics done and have the USCIS stamp on the biometrics notice when you go to get the biometrics it?s ok. My I-485 status never changed. It was always ?Fingerprint fee received? all through the process and then turned to ?New Card Produced? when things moved.

[ashde1]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

[qesehmk]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

[idliman]

Hi all,

I recently moved to a new job after 180 days and started using my EAD. The attorney at my new company is telling me that they would file a 485J only if I recieve an RFE for it. I recently received an RFE for medicals. Should I wait until another RFE for 485J or should I ask for it to be filed along with my medicals rfe response? Would USCIS approve a petition without issuing an RFE for 485J. Is this even possible?

Any input would be appreciated.

Yes it is possible that USCIS may approve without 485J. But the likelihood they might issue 485J is quite high. And in that case it only adds time to your 485 processing and approval. So it is a good idea to go ahead and file 485J. I am not 100% sure but 485J should be your application not employer's. Unless the cost of 485J is prohibitive and/or the employer involvement is needed I'd just go ahead and file 485J on my own unless either the cost is prohibitive and/or the employer involvement is needed. All the best.

It depends on your PD. If your PD is FA current OR you intend to stay with your employer till you get GC, then it is better to file I-485 Supp J. As you have ported using AC21, you cannot get GC without submitting another I-485 Supp J. So it is in your interest to submit I-485 J. It is in attorney's interest to keep postponing I-485 J and charge you again (or the company) when an RFE is issued for I-485 J. If your employer is paying for RFE, then insist on submitting I-485 Supp J. The law does not require the attorneys to file I485J, so almost all law firms use this as an excuse to delay submitting I485J.

On the other hand if your PD is very far off and more likely your medical will expire before your GC is approved, then there is no pressing need to submit I-485 J. But if you are not changing companies before GC, always proactively submit I485J (unless your same or similar classification is a hyperbole).

[MKPD2015]

Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

[time2work]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

[qesehmk]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

I personally encountered this 12 years back. My personal experience is that if the company and your boss want to make it happen, they will. Otherwise the boss and the lawyers will throw all kids of BS at you. So read the tealeaves and act accordingly. Remember your H1 is different from GC application. So if they really want it anything is possible.

As per if the dates will be current - I leave that for others to answers.

Hello idliman, Q, Spec, Sivarama and other experts:

Since it has been some time since the calculations/predictions done here, I would request your
Valuable inputs/predictions regarding EB2/EB3 movement in the coming months. Please let me know.

My friend - read this - https://www.qesehmk.org/forums/showt...ll=1#post29792

[gsingh]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed )
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

[gammaray]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

[idliman]

Hey Guys!,
Great group and lot of valuable info! Thanks everyone for sharing.

I am trying to navigate a situation at work and would like to have some inputs from you all here..

I have an approved I-140 with employer A for Location A with PD - July 2014. I am planning to switch to location B in another state. My questions are,
1) Do I need to refile PERM / I-140 for a new location? No change in Job or employer
2) What is the likelihood of the July 2014 date becoming current by Oct 22 VB for EB2 in Date of Filing or Final Action Date?
3) If the Date becomes current then can I simply move back (just myself) and continue with my employment from the original location A?
4) Can the Attorney object to this saying "I don't intend to work at location A once I get my green card" citing the reason that my family has not moved back with me.

Any help is highly appreciated!

Thanks and Take care..

GC is for a future job. The employer agrees to give you a job and you agree to work in that job. So IMO, you don't need to refile PERM, just be prepared to work in that location for 6 months after you get your GC. Once I-485 is pending for 180 days, you are eligible for AC21 job portability. But you can use it to "port" to current location. If you wish you can submit an I-485 Supp J at that time. It will be a miracle if your GC is approved within 180 days of filing the application. Lots of people here have filed for GC with Employer A, while working for Employer B. Your case less questionable relatively speaking.

Convince the employer and attorney that you are going to work in the original job location after GC. As Q mentioned this is only about the relationship between you, your manager and HR. If HR says make it happen, the law firm will make it happen.

As far as predictions go, I have lost the touch. My wild prediction is that nothing will happen on the immigration legislative front till a) One party gets 60 Senate seats, b) Filibuster gets abolished OR c) When US Lawmakers realize that they are losing to China on Tech and need Indian brain-power to compete with the world. They don't need extra brainpower for IT (We already have lots of brilliant minds caught in the backlog). But for Core Sciences the politicians have not realized it yet and immigration is not their priority. So plan your lives assuming that nothing will happen legislatively.

[time2work]

Thanks a lot, Qesehmk for your reply!

[time2work]

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed )
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

Thanks a lot, gsingh for your reply ... All the Best for your GC journey!
Lawyers are being risk-averse. I am moving for family. Employer has asked me to bear the expenses in case of refiling.

Have you moved to original location in your perm or plan to once you get GC or will be filing I-485j?

[time2work]

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

Thanks a lot Gammaray for your reply!
I do intend to move back to the original location just trying to figure out when can that be? If the employer needs me to be back before filing then I will be doing that. if they are ok with me moving back after I get my GC I will do it that way.

1) How long does one need to stay in their perm location after they get GC?
2) How does I-485j come into play in all this?

[time2work]

GC is for a future job. The employer agrees to give you a job and you agree to work in that job. So IMO, you don't need to refile PERM, just be prepared to work in that location for 6 months after you get your GC. Once I-485 is pending for 180 days, you are eligible for AC21 job portability. But you can use it to "port" to current location. If you wish you can submit an I-485 Supp J at that time. It will be a miracle if your GC is approved within 180 days of filing the application. Lots of people here have filed for GC with Employer A, while working for Employer B. Your case less questionable relatively speaking.

Convince the employer and attorney that you are going to work in the original job location after GC. As Q mentioned this is only about the relationship between you, your manager and HR. If HR says make it happen, the law firm will make it happen.

As far as predictions go, I have lost the touch. My wild prediction is that nothing will happen on the immigration legislative front till a) One party gets 60 Senate seats, b) Filibuster gets abolished OR c) When US Lawmakers realize that they are losing to China on Tech and need Indian brain-power to compete with the world. They don't need extra brainpower for IT (We already have lots of brilliant minds caught in the backlog). But for Core Sciences the politicians have not realized it yet and immigration is not their priority. So plan your lives assuming that nothing will happen legislatively.

Thanks a lot Idliman! for your reply.
I guess the only challange I see for me at this time is to get my employer to file for GC without having to move. I do intend to move once I get my GC. Will see how that turns out.. lot's of iffs
Thanks again

[time2work]

I personally encountered this 12 years back. My personal experience is that if the company and your boss want to make it happen, they will. Otherwise the boss and the lawyers will throw all kids of BS at you. So read the tealeaves and act accordingly. Remember your H1 is different from GC application. So if they really want it anything is possible.

As per if the dates will be current - I leave that for others to answers.




My friend - read this - https://www.qesehmk.org/forums/showt...ll=1#post29792

Thanks a lot qesehmk! for you response.. appreciate that..

[time2work]

I was in a similar situation and didn't refile PERM / I-140. Although my I-485 is still pending.(fingers crossed )
Lawyers trying to make money may suggest refilling. If you do your homework and understand the process, you can question them.
And incase you are moving for work your employer would be more accommodating, I would think.
Another thing to note is that GC is for future employment.

Thanks a lot gsingh! for your response..

All the best in your GC journey..
Yes Lawyers are tricky to read as they make it sound like that their risk averse behaviour is in employer's interest so difficuilt to argue that line of thinking. I just stuck to the basics as in what is the core requirement and at the end of day the intention for both me and employer is there to work from location A then it should be legally acceptable. So far the lawyer has agreed to that and we ended the call.

I am moving for family.

Time will tell if If the employer will require me to move at the time of filing the GC App or will allow me to move once I get the GC... I do not plan on bringing this topic again for discussion as don't think employer will be willing to commit on this at this point in time.