EB2-3 Predictions (Rather Calculations)

[AceMan]

A lot of things can happen in 6 months. Org reshuffling, Layoffs, changes in personal life. A few people may be wanting to get out but now are stuck longer with the current employer. I get why USCIS has that rule in place but practically I can think of lot of scenarios where people could land into trouble. The scenario being discussed is for folks who have already waited 6 plus months on 485 and can currently avail AC21.

This is a very valid answer. I was thinking for a person who is interfiling now, he is most likely to have downgraded more than a year back, and high probability of having an EAD with more than 6 months already to kick in AC21. It is like looking for a backup for the backup plan.

[waitingforGC1]

Hi Gurus,

Would you please help me with your valuable advice, I read in one of the forums of trackitt that someone who has filed 485 in october 2021 has requested to expedite EAD/AP by chatting with tier 1 agent as he/she has a situation and would have to travel in near future, and the agent did create the ticket and with in a week his/her status changed to "card sent for production".

My question is, is it safe to request to expedite EAD/AP? (Considering our timelines are very much similar such as PD, 485 RD & ND, BM etc and NBC is the service center) as I do also have a family situation which might require me to travel to India, my concern is I dont want to annoy the officers).

Also was wondering what is the average time for EAD/AP approval at NBC- EB2, after BM is completed.

Thanks in advance to all the gurus who are really helping us with the valuable advice and suggestions

[Transformer]

Based on the processing times, NBC timeline for approving an EAD/AP is close to an year.

If you have a situation that requires emergency travel, request for expedite processing. They may reject your expedite request or ask for documentation to prove it or approve without any questions. Every situation is different. Generally the chance of expedite request approval is very very less unless you have a strong case and documentation to prove it.

Expedite request will not have any positive or negative impact to your 485 case.

[mmksgy]

Hello Gurus,

I was referred to your blog via my sister who said you have some valuable insights. I?m hoping I can get some help.

My wife has a priority date of 7-Nov-2013. She downgraded to EB3 in Oct 2020 and got her EAD. My priority date is Oct-2011 and I filed for my 485 last year in Oct. so we had separate 485 applications. But as the EB3 dates retrogressed, we filed an inter file request in Nov-2021 to have her 485 attached to my application. We even tried following up through a house member but received no confirmation of receiving that inter file request. Now my 485 is showing as approved and her?s is still in the same pending status.

Any ideas on how to verify if her?s is tagged along to mine or how to follow up with USCIS?

Thanks a lot!

[NewHere]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

[qesehmk]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

If AC21 applies - no risk to change employers. If you have valid 140 from another category, then of course you can interfile. All the best.

p.s. - vsivarama is 100 % correct. He sites a good risk. Consider that too. But technically it is possible to use any valid 140 to interfile.

[qesehmk]

Hello Gurus,

I was referred to your blog via my sister who said you have some valuable insights. I?m hoping I can get some help.

My wife has a priority date of 7-Nov-2013. She downgraded to EB3 in Oct 2020 and got her EAD. My priority date is Oct-2011 and I filed for my 485 last year in Oct. so we had separate 485 applications. But as the EB3 dates retrogressed, we filed an inter file request in Nov-2021 to have her 485 attached to my application. We even tried following up through a house member but received no confirmation of receiving that inter file request. Now my 485 is showing as approved and her?s is still in the same pending status.

Any ideas on how to verify if her?s is tagged along to mine or how to follow up with USCIS?

Thanks a lot!

Just patience. In the old days all applications would be approved within a couple of days of each other. Now a days we are seeing months of difference.

Sit tight. Ask congressman senator for help since yours is already done.

[qesehmk]

Hi Gurus,

Would you please help me with your valuable advice, I read in one of the forums of trackitt that someone who has filed 485 in october 2021 has requested to expedite EAD/AP by chatting with tier 1 agent as he/she has a situation and would have to travel in near future, and the agent did create the ticket and with in a week his/her status changed to "card sent for production".

My question is, is it safe to request to expedite EAD/AP? (Considering our timelines are very much similar such as PD, 485 RD & ND, BM etc and NBC is the service center) as I do also have a family situation which might require me to travel to India, my concern is I dont want to annoy the officers).

Also was wondering what is the average time for EAD/AP approval at NBC- EB2, after BM is completed.

Thanks in advance to all the gurus who are really helping us with the valuable advice and suggestions

If you have a case with US government, and if the government allows you to follow up expedite or do any other service on the case - then it is your legal right. They can't don't and won't hold it against you.

[vsivarama]

Hello Gurus,

I have a question about eligibility to interfile. Here are details of my case.

PD : Feb 2014. Original I-140 approved in EB2-I
Filed EB3-140, 485, 765, 131 : Oct 2020
I-140 approved : June 2021 (in PP)
I-765/131 : approved yesterday.
Current H1b approved till Dec 2023.

I have been working for the same company since 2012 and now looking to change the employer. Do you see any risk in changing job on EAD now? Can I interfile to process my application under EB-2 when my final action dates become current in EB2 if I am with new employer?

Thanks !!

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. They will be unable to interfile your request in EB2 as they do not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case they are willing to do so as GC is for future employment.

[waitingforGC1]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

[vsivarama]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

You can request an expedite request. Just be honest about your situation in case you are unable to provide any documents. The worst case is that they will reject your expedited request saying your application will be processed in due time. They are a service agency to provide you with service as the name suggests. In short they have the right to approve/deny your case based on the merits or your case. They cannot deny you service that you are entitled to.

[qesehmk]

Thanks for the reply Transformer.

@ Q : i dont have any case with US government. Infact i am sorry i dint understand your reply i have very limited knowledge infact you can consider no knowledge. Would you please explain, i dint understand your reply.

Thanks in advance

USCIS is US government. And your application is a case with them. They service you. So any service that is available- you are entitled to at least make a request to avail. They may or may not honor it. But they can not punish you for making a request.

[NewHere]

The only way you can interfile with your new employer would be to start the process again like labor, i140 etc, in EB2. There is no risk in transferring to a new employer if AC21 180 day rule is met and your EB3 i140 is approved (which seems to be the case for you, based on your inputs). But remember it's your old employer who holds your approved i-140s for EB2 & EB3. Your new employer can only adjust and port your date in other words only will be able to maintain the status quo. He will be unable to interfile your request in EB2 as he does not have the underlying basis (EB2 i140 in this case). You can however interfile with your old employer, in case he is willing to do so as GC is for future employment.

Thanks for your reply. I was under impression that to interfile you just need to file I-485j as per latest announcement from USCIS. Can I not file I-485j from my new employer? My I-140 is approved in EB2 as well as now in EB-3 for over 6 months. I-485 is filed in Oct 2020.
I am trying to avoid whole H1/PERM/I-140 process again with new employer if possible. That limits my potential pool of future employers.

[vsivarama]

Thanks for your reply. I was under impression that to interfile you just need to file I-485j as per latest announcement from USCIS. Can I not file I-485j from my new employer? My I-140 is approved in EB2 as well as now in EB-3 for over 6 months. I-485 is filed in Oct 2020.
I am trying to avoid whole H1/PERM/I-140 process again with new employer if possible. That limits my potential pool of future employers.

You need to understand the intricacies involved here. You are filing 485J to transfer to the new employer based on AC21. That's totally separate from interfiling. For interfiling, the sponsoring firm needs to establish the underlying basis to transfer your 485 from EB3 to EB2. Your new employer will NOT have the underlying basis as you do NOT have an EB2 i140 approved through them. Your company holds the ownership of i140 and not you. In your case, the old company would have ownership of both your i140s and not the new one. USCIS asked you to file 485J in addition to your interfiling request. 485J by itself does not replace the interfiling process.

P.S. - If H1 is your concern then you do not need to be on H1 with the new employer. You can file PERM and i140 even when you are on AOS-EAD.

[NewHere]

You need to understand the intricacies involved here. You are filing 485J to transfer to the new employer based on AC21. That's totally separate from interfiling. For interfiling, the sponsoring firm needs to establish the underlying basis to transfer your 485 from EB3 to EB2. Your new employer will NOT have the underlying basis as you do NOT have an EB2 i140 approved through him. Your company holds the ownership of i140 and not you. In your case, the old company would have ownership of your i140 and not the new one.

Thanks again for your patience and explaining the details. This is kind of bummer. I was hoping to change the employer and also take advantage of interfile if my EB-2 (PD Feb 2014) becomes current in future ahead of EB-3. I guess now I have following options assuming my current employer will not support interfile in future once I leave them.


1. Change employer now and if new employer does not start PERM/I-140 process again, stay in EB3 line until my final action date becomes current and I get GC.
2. Change the employer now. I can still use EAD to join so they don't need to transfer my H1b but will need to file a new PERM/I-140 in EB2 so I can get GC in EB2 if those dates become current earlier than EB3. If EB3 advances earlier than EB2, I assume I can still get my GC based on current I-485 filing.
3. Stay with my current employer and interfile to EB2 fwheninal action date becomes current in eB2 category. Leave them once interfile request is accepted by USCIS. Risk here is, if in future EB-3 moves ahead of EB2, I wont be able to downgrade without starting PERM/I-140 with new employer.

Appreciate you time in responding to my posts.

[vsivarama]

Thanks again for your patience and explaining the details. This is kind of bummer. I was hoping to change the employer and also take advantage of interfile if my EB-2 (PD Feb 2014) becomes current in future ahead of EB-3. I guess now I have following options assuming my current employer will not support interfile in future once I leave them.


1. Change employer now and if new employer does not start PERM/I-140 process again, stay in EB3 line until my final action date becomes current and I get GC.
2. Change the employer now. I can still use EAD to join so they don't need to transfer my H1b but will need to file a new PERM/I-140 in EB2 so I can get GC in EB2 if those dates become current earlier than EB3. If EB3 advances earlier than EB2, I assume I can still get my GC based on current I-485 filing.
3. Stay with my current employer and interfile to EB2 fwheninal action date becomes current in eB2 category. Leave them once interfile request is accepted by USCIS. Risk here is, if in future EB-3 moves ahead of EB2, I wont be able to downgrade without starting PERM/I-140 with new employer.

Appreciate you time in responding to my posts.

You are absolutely spot on with your scenarios!!!

[NewHere]

Thanks for the confirmation.

Gurus, based on your prediction or calculation, when do you think Feb 2014 will be current for FAD for EB2 & EB3? I am just trying to see if there is any possibility of EB2 FAD becoming currently in few months, I may stay with current employer but I dont want to continue here for few more years.

[AceMan]

Thanks for the confirmation.

Gurus, based on your prediction or calculation, when do you think Feb 2014 will be current for FAD for EB2 & EB3? I am just trying to see if there is any possibility of EB2 FAD becoming currently in few months, I may stay with current employer but I don't want to continue here for few more years.

EB2 I forward movement will go on till around June 21. Eb2 has 6 times the number of I-140 applicants in Eb3 based on the data in March 2020. I could dig one of the older USCIS document (https://www.uscis.gov/sites/default/...r_May_2018.PDF) and the number list you can verify here before 2018. If you look at 2020 October/November we had about 30,000 new 140 applicants which can be presumed to be downgrades. The latest numbers from FY 21 are listed here https://www.uscis.gov/sites/default/...2021_Q3_Q4.pdf

USCIS is still actively processing 2011 applicants now. Since you already have an EAD, you do not have any travel or job related concerns like an H1B. Eb2 2014 is not going to be have a faster speed than Eb3 2014.

Your final dates getting current in a bulletin, and you getting your GC is 2 different events and with variable outcome for individuals.

I was current from May 2021 and got my GC only in December 2021. Lot of people here were current longer than that, some less than that. I was very lucky with the interview where the officer approved my application by the time I came down from the building after interview. Many people are waiting more than 6 months and their status is just interview complete and additional review needed.

[VV_Nlr]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

[qesehmk]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

My Friend - welcome to blog. Here is what I know. I hope others help too.
1) Never ever say you don't have intention to move back unless you really do because it disqualifies you from GC.
2) You can file for CP whenever you wish. There is no concept of prioirity date for CP.
3) Your PD never expires once are assigned one. Next time you come to USA, you get the same PD as long as you file in EB categories. But your EB priority date is not good for FB
4) If you have H1B years remaining then you can extend anytime without pending GC application. But if your GC application is pending then you can keep extending H1 indefinitely as long as the employer is standing by that H1 and you are employed in the united states (you don't have to be in USA but just an employee of a US entity).

[VV_Nlr]

Q,
Thank you.
I came across the below online. Is this true?

You have one year after your priority date becomes current in the "Application Final Action Dates" chart to pursue your visa or green card. If you do not, the government assumes you have abandoned it, and will give your visa number to the next person in line.

[qesehmk]

Q,
Thank you.
I came across the below online. Is this true?

You have one year after your priority date becomes current in the "Application Final Action Dates" chart to pursue your visa or green card. If you do not, the government assumes you have abandoned it, and will give your visa number to the next person in line.

Honestly I do not know. But knowing what I know - I would think that is wrong. Why? Because US is a place not just with less bureacracy but with less legislation. (Perhaps UK is much better). If the underlying future employment offer stands then I do not think the government will limit you solely based on whether you filed or not within a certain window.

[gammaray]

Gurus,
I am Eb2 India with Feb 2011 priproty date.
I moved back to India in 2020 for personal reasons.
I never applied for EAD and am on H1 valid till 2023 Aug.

I dont have any intention of moving back, but thinking about my child who may need the GC.
I started exploring the option of consular processing.
I have few questions.

1. How long I have until I make the decision to apply for CP?
2. Does my priority date expire if I never apply for GC?
3. Will I be able to extend my H1B again in 2023?

Please let me know your thoughts and suggestions. This forum has been a great help to me over many years.

Yeah, I think that would be deemed as disqualification if the intention is to procure a gc without actually moving back. Not sure how that would work anyway.

PD and I-140 don't expire. So technically you can apply for I-485 any time in the future if you are back in the country.

The 1-year-after-PD-becomes-current limit for filing I-485 is for the ability to extend H1 beyond six years. If you already used up 6 years of H1B and your PD is current, then the only way you can extend the h1b (in 1 year increments) is by applying for I-485 (or an immigrant visa if outside the country) within 1 year of the PD becoming current.

[waitingforGC1]

Thanks Q and Vsivarama

[VV_Nlr]

Q and Gammaray Thanks for the reply.
Gammaray,

My PD became current in July 2021.
Does that mean..if I don't file for Consular Processing ( I am in India), will I be not able to extend my H1B in 2023?
I am just trying to understand my next course of action..should I file for CP or not?
Please let me know,