EB2-3 Predictions (Rather Calculations)

[bones20]

Hi All! I have a quick question.

Today I received a notification from USCIS mentioning approval for my wife?s H4-EAD. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

[vsivarama]

Hi All! I have a quick question.

Today I received a notification from USCIS today mentioning approval for my wife?s H4-EAD approval. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

Once you get GC you can ignore any H1 or H4-EAD approvals. Looks like USCIS is spending it's time approving already approved cases than working on cases that need attention.

[bones20]

Once you get GC you can ignore any H1 or H4-EAD approvals. Looks like USCIS is spending it's time approving already approved cases than working on cases that need attention.

That what I thought. thanks!

[qesehmk]

Hi All! I have a quick question.

Today I received a notification from USCIS today mentioning approval for my wife?s H4-EAD. She got her green card last year on 09/22/2021. Her H4 application was denied (correctly) on 01/10/2022. This seems like an error on their part (approval of H4-Ead post Green card status and H4 denial). Should I just ignore this or reach out to USCIS?

Just today I read very similar thing from a lawyer. It seems there is a deluge of such incidents. I have a hunch that USCIS is back to its dirty tricks and trying to meet some metrics set by biden administration to approve X number of cases and so they are approving these useless cases. Very sad.

[namits]

Hi All,

My wife and my I-485 application was transferred from Texas Service Center to the NBC.
The notice states "Lee's Summit, MO".
How do I check the "processing times"? Or do need to wait till the application has been moved to a local field office?
Any help will be much appreciated.

Thanks

[monsieur]

Hi All,

The notice states "Lee's Summit, MO".
How do I check the "processing times"? Or do need to wait till the application has been moved to a local field office?
Any help will be much appreciated.

Thanks

Lee Summit site is standard naming for all things related to NBC. In general, processing time will be based on your nearest local USCIS office. You may get an RFE for medical soon (within 1.5 months) if you haven't filed it then you will know where your file went.

I went thru something similar but for me case was transferred to San Bernardino instead of my closet USCIS office.

[rave79]

Lee Summit site is standard naming for all things related to NBC. In general, processing time will be based on your nearest local USCIS office. You may get an RFE for medical soon (within 1.5 months) if you haven't filed it then you will know where your file went.

I went thru something similar but for me case was transferred to San Bernardino instead of my closet USCIS office.

How did you get to know your file was xferred to San Bernardino FO?

[monsieur]

How did you get to know your file was xferred to San Bernardino FO?

Coz I got Medical RFE even thou I included medicals in my initial packet.

[namits]

Thanks monsieur!!

[namits]

http://www.uscis.gov/newsroom/news-r...ain-applicants

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

[gcpal15]

Experts,

I had applied in dec 2021 under EB2. My first bio was rejected bcoz FBI couldn't read my prints. i completed my 2nd bio but prints were coming as light only. So I think I might get a RFE for police clearance.
Is it better if I just send my police clearance report proactively without waiting for RFE ? i don't know when I will get RFE or interview

[Zenzone]

Firiends - Its been a while, hope all are doing good. Congrats to those who got greened and good luck to those waiting. Quick question on behalf of one of my friend who is waiting - Is there a good source to view backlogs and case loads by processing centers/Field Offices. Not asking for the standard USCIS tools that have been of minimal help as such. Also, is there anyone who's case is with Phoenix FO. Please update here.

[bloddy1]

See below;

United States Citizenship and Immigration Services (USCIS) has directed Nebraska Service Center (NSC) and Texas Service Center (TSC) to cease adjudication of all Employment-Based (EB) Form I-485 cases other than those based on 4th preference petitions (religious workers, special immigrant juveniles, etc.).

In order to expedite processing of long-pending employment-based Adjustment of Status Application (AOS) applications, NSC and TSC have started transferring AOS applications to the National Benefits Center (NBC) in Lee?s Summit, Missouri.

Note that the EB cases transferred to the NBC will generally be relocated to USCIS field offices for final adjudication, which may include an interview if deemed necessary. There are some cases that may be adjudicated at the NBC if the case has already been deemed interview waived and previously reviewed for eligibility.

Hi Gurus, a long time lurker here. (without an account)

My lawyer made the most basic of mistakes and sent my I-485 application to an incorrect lockbox (Dallas lockbox instead of Chicago lockbox). He said at this point no corrective action can be taken and USCIS should route the application correctly in the next few weeks.
- Has anyone experienced or heard of what happens when the application is sent to the incorrect lockbox location ?
- Is there indeed no corrective action that can be taken ?

My fear is my application lands up in the black hole called "Texas Service Center" and all hope for a GC are dashed with possible retrogression next fiscal year.

Any input is highly appreciated.

[LeoAugust]

https://travel.state.gov/content/tra...june-2022.html

JUNE VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01SEP14
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01DEC14
EB3-Date For Filing-22JAN12

[rave79]

https://travel.state.gov/content/tra...june-2022.html

JUNE VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01SEP14
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01DEC14
EB3-Date For Filing-22JAN12

The way these guys move dates aggressively and pull them back at the end of year citing we are huge number of applications...Neither USCIS nor DoS seem to have basic flow control mechanism in place....

[Sebiswaiting]

Looking at FAD movement for June bulletin, seems the final number calculation here might be near actuals :P

Since filing date has not moved in latest so it is safe to assume that FAD will continue to move slowly to filing date for July/Aug/Sept

My EB2 PD is June 2015, and my employer won't start process till end of this year, so by the time they are ready for i140, it will be at least 2 years from now.
Wife's EB2 PD is Dec2014, but not current yet, and her new employer is yet to start as well.
In short , if the movement continue forward, we will have a period where dates are current but waiting for perm to be approved 😃😃
In mid of 2021, we never expected EB2 to move this much else we both wouldn't have switched 😂😂🚗

Sebiswaiting said:
Today 11:03 PM
Hi Gamma,
Refer this report from USCIS.

https://www.google.com/url?sa=t&sour...-JONYKHsFxMX-h


Your estimated number seems much higher.
Total i140 for India from 2009 to 2014 is around 110000. Now assuming below scenarios it changes like this...

Original - 110,000
Minus 5% duplicate - 99000
Minus 15% both spouse w EB2 - 84000
Minus 20000 downgrade to EB3 - 64000
Minus 12000 upgrade to EB1 - 52000
Minus 1000 found love - 51000
Minus 6000 out of race/dead/moved - 45000
Multiply by 2.5 family count - 112000
Minus 28000 processed in 2021 - 84000

If actuals are somewhere near my assumption, and EB2I gets 85000 slots this year then 2014 can be cleared.

Few nuances..
Upgrade to eb1 may be less.
Downgrade to eb3 was surely more than 20k but many would interfile so considered 20k those who got in EB3 or for EAD so sticking there. Percent of spouse having sponsorship may be more too.

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21

[qesehmk]

Q/admin - There is an issue in mobile version of this blog on page edit. If I try to edit, and click anywhere, let's to edit a word, the delete button gets pressed. It happened many times in past and happened today as well. So Inreryowd this whole post again
I saw it in my HTC and now Galaxy s21

Sorry I saw this today. Just scroll down and there is the edit functionality there. This seems to be a design issue with the base software and nothing we can change unfortunately. I agree this is not very intuitive or useful but we are stuck with this!

[qesehmk]

Experts,

I had applied in dec 2021 under EB2. My first bio was rejected bcoz FBI couldn't read my prints. i completed my 2nd bio but prints were coming as light only. So I think I might get a RFE for police clearance.
Is it better if I just send my police clearance report proactively without waiting for RFE ? i don't know when I will get RFE or interview

Welcome to forum. I wouldn't send anything. Let them issue an RFE. Why slow them down trying to figure out what have you sent them!

[NewHere]

Hello Gurus,

I need an urgent advise from experts here. Here is my situation.

PD : Feb 2014 (Original EB2-I)
Downgraded during Oct 2020 EB3-I massive movement and received EAD/AP early this year.
Also have H1b extension till Dec 2023 (stamping expired).
When I received my EAD/AP early this year, I checked with my immigration lawyer if I can use EAD/AP to come back to US in summer as I am planning to go to India. Lawyer confirmed that I can use EAD/AP and in future if EB-2 FAD becomes current, I can still interfile.
Now that lawyer has left the firm and new lawyer is handling my case. I spoke to him on Friday to interfile on 1st June to EB-2 but he told me that I can not interfile as I am planning to leave for INdia on 25th May and plan to come back to US on EAD/AP. According to him I need to be on non-immigration visa status in order to interface as eligibility to interface is similar to AoS.
When I insisted, he said he will check again and let me know if we can interfile even if I use AP to come back.

Has anyone here filed for interfile successfully after being on EAD/AP? Any advise is really appreciated.

Thanks in advance.

[qesehmk]

Hello Gurus,

I need an urgent advise from experts here. Here is my situation.

PD : Feb 2014 (Original EB2-I)
Downgraded during Oct 2020 EB3-I massive movement and received EAD/AP early this year.
Also have H1b extension till Dec 2023 (stamping expired).
When I received my EAD/AP early this year, I checked with my immigration lawyer if I can use EAD/AP to come back to US in summer as I am planning to go to India. Lawyer confirmed that I can use EAD/AP and in future if EB-2 FAD becomes current, I can still interfile.
Now that lawyer has left the firm and new lawyer is handling my case. I spoke to him on Friday to interfile on 1st June to EB-2 but he told me that I can not interfile as I am planning to leave for INdia on 25th May and plan to come back to US on EAD/AP. According to him I need to be on non-immigration visa status in order to interface as eligibility to interface is similar to AoS.
When I insisted, he said he will check again and let me know if we can interfile even if I use AP to come back.

Has anyone here filed for interfile successfully after being on EAD/AP? Any advise is really appreciated.

Thanks in advance.

I think what your lawyer is saying is that you can interfile after you come back not before. The logic being you AP may become invalid if you refile now because refiling resets your 180 day clock (just one of the beautiful arbitrary rules USCIS imposes to make your life easier).

[NewHere]

I think what your lawyer is saying is that you can interfile after you come back not before. The logic being you AP may become invalid if you refile now because refiling resets your 180 day clock (just one of the beautiful arbitrary rules USCIS imposes to make your life easier).

Unfortunately no. What my lawyer is saying that if I come back using EAD/AP, my status is not non-immigrant so I can not interfile unless I go back on H1b. That is what surprised me.

[qesehmk]

Unfortunately no. What my lawyer is saying that if I come back using EAD/AP, my status is not non-immigrant so I can not interfile unless I go back on H1b. That is what surprised me.

Doesn't sound right to me. Please understand what AP is. AP ensures that you continue your prior status in USA as if you never left USA. That's what AP is. So if you leave USA come back and your status is exactly the same as prior (i.e. simply enter using AP. forget about your EAD.) then I have extremely hard time understanding how does that make your ineligible for interfiling. In fact I don't even know if there is such a thing as ineligible for interfiling unless the underlying basis (I-140) has been revoked.

In short - the new lawyer seems wrong to me.

[srisri]

Doesn't sound right to me. Please understand what AP is. AP ensures that you continue your prior status in USA as if you never left USA. That's what AP is. So if you leave USA come back and your status is exactly the same as prior (i.e. simply enter using AP. forget about your EAD.) then I have extremely hard time understanding how does that make your ineligible for interfiling. In fact I don't even know if there is such a thing as ineligible for interfiling unless the underlying basis (I-140) has been revoked.

In short - the new lawyer seems wrong to me.

I agree with Q, the lawyer sounds wrong. Are you dealing with lawyer of para legal? If it?s lawyer, your company should immediately look for another lawyer before he/she makes mistakes and causes irreparable damage.

[NewHere]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer

[qesehmk]

Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.

Unfortunately my company will listen and believe the lawyer

I think if you get yourself educated, you can better discuss with your existing lawyer. e.g. EAD/AP is not one thing. EAD is one thing and AP is another. You can use them independently. So try to understand your lawyers exact argument and then deconstruct. Or simple - just pay 100 / 200 dollars to some other lawyer and ask a question. From what you have shared so far - I am quite certain that you should be able to use AP come back and not having to worry about interfile.

Unfortunately company lawyers do not work for you. So their answers are not necessarily in your interest. Good luck and share your final verdict on this whenever this gets clarified.