EB2-3 Predictions (Rather Calculations)

[jimmys]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.

Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.

I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.

If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.

[jimmys]

Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?

I do if USCIS doesn't screw up things.

[delguy]

Few queries on I-944 form:

1. My understanding is that each member of household have to fill it. Primary applicant, spouse and kids. However, if kids are US born, do they still have to fill it?

2. Part 4: Your Education and Skills. It says that if you have approved I-140, then skip the section. I have approved I-140 and primary applicant so I can skip. However, my wife is also I-140 approved with a later PD, so should she provide her I-140 number and skip it too.

3. Assets: Should we also include 401K and 529 accounts?

[montyp80]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

My Lawyer tells me that you can travel while I485 is pending as long as you can return back on valid H1B status.

If you have plans to travel after applying for 485 then only apply for 485 and EAD. Return on valid H1b status and then apply for AP after coming back. At least that's what I am planning to do as I also have plans to travel after applying for 485.

[longwaitgigu]

Is your prediction has anything to do with election results-like who will win. Or with 261,500 the FAD predictions remains same

[Turbulent_Dragonfly]

1. No. They are not I-485 applicants.

2. Yes if your spouse has an I-140 approved, mention that and skip the educational details.

3. Every significant asset you have especially liquid just bolsters your case against becoming a public charge.

[ferric]

https://www.murthy.com/2020/09/30/ne...ssing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless

[Turbulent_Dragonfly]

https://www.murthy.com/2020/09/30/ne...ssing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless

Hopefully that’s an indication that they intend to stay with the filing dates and reap the sweet sweet premium processing fees from suckers like us who they have left hanging for so long.

[Zenzone]

If you are EB2 and your PD is before Jan 1,2011(Jan 1,2012 for EB-3) it makes sense to send the form I-693 along with your I-485. In case if your interview gets waived, you may get approved without an RFE for medical.

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

[Zenzone]

Good question on US born kids. I have the same question. Yes including 401k and 529 are fine.

[jimmys]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

If you can't get appointment it's fine. Send it without I-693. Don't delay filing I-485.

[jimmys]

https://www.murthy.com/2020/09/30/ne...ssing-service/

Premium processing for EAD? Where did this bill come from?! Good news regardless

$1500 for EAD?

[rabp77]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

I belive you should file i485 without medicals in this case. Thats what i had done. Normally they give you a months notice before calling you for an interview. I had taken my medicals with me to the interview, and handed them over during the interview. My lawyers had adviced me not to get medicals done when submitting the i485, because the finger printing/interview process takes around 9-12 months to complete, and medicals are valid only for 2 years. So the later you do them the better. Please do due dilligence, as my case is nearly 2 years old now (though is i have not heard things have changed, lawyers will have latest info)

[rabp77]

now that is October, i believe the spill over is official. Is there any chance to "un-spill" the visas using stimulus bill/heroes act. Normally laws dont change what has happened, but wanted to know your thoughts. There is at least no precedent for "unspilling" that i know of.

[mesan123]

My pd is 1/4/11....do you suggest me to complete I-693? I thought they would raise an RFE in coming months as such. Appointments have been tough to get. Thoughts?

It totally depends on your attoeney. My PD is Feb 2011, my attoney mentioned it is needed. So i m getting it done. There are passport health places where you can do medicals, they have mutliple offices in cities try them if you have not.

[gcpursuit]

Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs

Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.

I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.

[Pundit Arjun]

Thanks idliman, rabp77, jimmys, montyp80 for your inputs. Appreciate it.

I was asking this for my friend and his lawyer is being conservative and advised no travel till AP is approved. Will relay this information to him. Thanks again.

GDPursuit - Do direct your friend to our forum as well. He/She can get answers to future questions and this forum as we all know is a treasure trove of info along with seasoned experts

[longwaitgigu]

Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.

[longwaitgigu]

Other question
My Company is also asking me to downgrade and apply in eb3- AOS( Note- I am also doing AOS with my spouse). Is it advisable for me to downgrade and apply AOS too( my PD is dec 2014) or should I hold off?
Can any one person have two AOS from two different companies ?

[gs1968]

The chances of any meaningful deal between the Speaker and Sec.Mnuchin are quite bleak as they are very far apart in many issues.The House held off voting last evening to give them one more day to negotiate but it appears like they will go ahead and vote on the HEROES 2 today.Needless to say it will be ignored by the GOP senate

[YTeleven]

Question
My spouse PD is eb3 oct 2010. Would it be advisable to file AP and EAD with i485 or we can file AP and EAD later( per company we will have to pay for AP and EAD). We are not planning to travel to India till covaid clears out. My spouse also thinks that our PD might be current in 6 -9 months.
Any thoughts?
I have H1B so I do not not need EAD at present.

In your case in current scenario not filing EAD is best option... you might cut some processing time get GC faster.

[longwaitgigu]

Thankyou and also AP and Ead can be filed later after filing i485 right?
Supposedly FAD does not become current and we r stuck.

[horizon1012]

Folks,

Just found out from my colleague that if the registration on the Birth Certificate is later than 365 days of birth then an affidavit is required from the Parents. I need to get this done for my spouse, just wondering if anyone has idea of whether the name of my spouse and her mother should be Maiden or After Marriage.

[Zenzone]

The chances of any meaningful deal between the Speaker and Sec.Mnuchin are quite bleak as they are very far apart in many issues.The House held off voting last evening to give them one more day to negotiate but it appears like they will go ahead and vote on the HEROES 2 today.Needless to say it will be ignored by the GOP senate

and even if it passes I'm very pessimisstic about the immigration provisions passing senate as it is. They probably will pass a slimmed down version and force a reconciliation back with the house. Worst case. Even the Senate taking this bill up is extremely unlikely.

[Zenzone]

Quick question folks...What's your opinion bout whether DOS will keep the filing dates as they are and USCIS accepting the same filing dates for the Nov 2020 bulletin?