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Thread: EB2-3 Predictions (Rather Calculations)

  1. #1201

    Talking

    Quote Originally Posted by Turbulent_Dragonfly View Post
    I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.
    because fingerprints change every year?

  2. #1202
    Guys,

    I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

    Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.
    Last edited by vedu; 01-05-2021 at 08:19 PM.

  3. #1203
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    Quote Originally Posted by vedu View Post
    Guys,

    I have a unique question about the EAD/AP combo card. Last time I applied for this card, I didn't select the new "combo card option" on the application. Hence, I got two separate documents: an EAD card with two year validity and a separate AP document with only one year validity. Now my AP is about to expire in six months, so I want to apply for it again. I would really like to have a combo card, but the problem is my EAD card still have close to one and half year validity remained on it. My question is should I only apply for AP document or can I apply for both EAD/AP combo card even though my current EAD card have longer validity on it. I prefer the combo card, but due to this validity period mismatch, not sure what to do. Any suggestions would be appreciated.

    Many of you may not know, but it has something to do with writing C9 vs C9P code in your I 765 application. I am myself not so knowledgeable about this. Every time I use to choose C9 and still get the combo card. This last time was the only time I got two separate documents (EAD card and AP document) with different validity.
    i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.

  4. #1204
    Quote Originally Posted by rabp77 View Post
    i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.
    It may have to do something with the COVID situation back in March-August period when travel was very uncertain, and hence USCIS may have issued separate limited period AP document, that again depending on the officer processing your case. I have never traveled on separate AP document, so I am little apprehensive about relying on it and then they not allowing me to board the return flight and getting stuck in India. If there is anybody in this group who has previously traveled on separate paper-based AP document, please share your experience. That maybe useful for others.

  5. #1205
    Quote Originally Posted by rabp77 View Post
    i have not been able to figure out how and under what conditions the 2 year combo card is given. It seemed to me to be dependent on the prerson processing your case. My wife and i applied for this, with nearly identical applications (both used C9) but sent them in a a few weeks apart. My wife got a 2 year combo card, and i got EAD for 2, and AP for one year. Different people i know reported differnt things. So was never able to figure out how or why the 2 year combo is provided. Hoping it will not matter for you, and you will be greened before the card ends.
    vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

    Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.
    LPR Since 07MAY2021

  6. #1206
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    9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me )

  7. #1207
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    Looks like USCIS is only honoring Final action Dates (FAD) for January filers. https://www.uscis.gov/green-card/gre...yment-based-59
    NBC; EB2I-12/30/10;
    I-485/I-131/I-765: 10/29/20;
    waiting for biometrics
    Expedite request filed - EAD : 04/08/2021

  8. #1208
    Quote Originally Posted by idliman View Post
    vedu and rabp77, in the last 4 renewals, I specifically asked for a 2 year EAD/AP combo card in the cover letter (I had shared it in the I765 forum thread). Also in the last renewal I mentioned C09P. These are the only two things that we can do to force a 2 year combo card. Everything else is up to the USCIS adjudicator.

    Once you get a one year paper AP, then you need to reapply again for AP for the second year. Or let the AP expire and then directly apply for a 2 year EAD/AP combo card. It becomes messy and painful. Sorry to hear that. Some people have called USCIS to get this corrected and a combo card reissued. Don't know the conditions for that.
    Idliman,

    Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.

    On another note, currently I am in the process of getting OCI renewed for my kids. That's another painful experience you have to deal with. The Indian Government OCI website and the new VFS Global website are designed for the 19th century! Very difficult to navigate through to find any clear info, and sometimes they simply don't work. Anybody who have filed for OCI recently will agree with me on this one. Bottom line, the pain will continue even after you receive your GC. The best thing to do is not to travel at all!
    Last edited by vedu; 01-06-2021 at 02:41 PM.

  9. #1209
    Quote Originally Posted by vedu View Post
    Idliman,
    Thank you! Actually last night I was searching for your previous post on this subject, but couldn't find it. So, there is no easy solution. I may call USCIS and see if there is any possibility of getting EAD/AP combo card reissued.
    It is post #148 on EAD (and/or AP) Renewal thread. This also had a discussion on the C09 vs C09P. I think we concluded that C09P is better if you are eligible for a combo card.

    Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.
    LPR Since 07MAY2021

  10. #1210
    Quote Originally Posted by idliman View Post
    Maybe we should request admins to keep this at a place where anyone can easily find it. With so many people having filed for I485, the EAD/AP renewal questions are going to popup a lot.
    Couldn't agree more with this. People need to pay close attention to this point in their future EAD/AP renewals.

  11. #1211
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    forgotten souls

  12. #1212
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    Quote Originally Posted by suninphx View Post
    9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me )
    yeah..we are the forgotten souls :-(

  13. #1213
    Quote Originally Posted by suninphx View Post
    9 seconds of silence for people who became current on exact same day 9 years back and are still waiting to get the green card. (Includes me )
    The last digits of the year got inverted. Can be passed as a typo in the big scheme of things. 12 or 21
    PD: EB3-I 24 Feb-2011
    I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
    I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21

  14. #1214
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    Question to the Gurus in the group.

    1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

    2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

    3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

    4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


    Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

  15. #1215
    This is how I would answer if I were in your situation.... See inline.

    Quote Originally Posted by Mgajsk View Post
    Question to the Gurus in the group.

    1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
    No

    2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
    USCIS may ask for evidence that you intend to join the sponsor of your Green card.

    3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
    No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

    4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
    None that I can think of ...

    Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .
    All the best
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  16. #1216
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    Quote Originally Posted by qesehmk View Post
    3.
    Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
    No ... it is after your GC approval. However I am not aware of any such official requirement. So technically you can join the new employer immediately after you have a GC.

    All the best
    Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?

  17. #1217
    Quote Originally Posted by Mgajsk View Post
    Regarding to your answer on question 3 , you meant I can join a new employer immediately after getting EAD ? correct ?
    The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
    So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


    AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)
    Last edited by inspired_p; 01-07-2021 at 03:25 PM.
    PD EB3-I 10-28-2010; RD 10-23-2020 LPR 08-26-2021

  18. #1218
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    Quote Originally Posted by inspired_p View Post
    The 180 day mark is significant for a different reason. I think the rule says that if the I-485 is pending for more than 180 days.. the petitioner( employee) can change the jobs to a new employer with similar job duties without the new employer needing to apply PERM. I-140 etc.
    So the answer is , NO you can't join new employer immediately after getting EAD. You need to wait for 180 days after the filling date of AOS application, that is when you actually can take your AOS application and port to a new employer ( supplemental I485J form is required).


    AFAIK there is no requirement to stay with current employer who filed for your permanent residency even for 1 day after getting the greencard, but people have discussed in length about future issues that may arise for example during naturalization, there is a lot of discretion of the adjudicator built in the system , so it might be considered fraud employment and or your initial intent of working for the employer might be questioned. For indians though the wait time is so long, there should and is also good evidence of initial intent ( people are with the employer for 5-15 years before getting GC)
    Thank you for the clarification inspired_P.

    My I-485 Received date is Oct 19 2020. so 180 days from that date is when I can change employers?
    I gave up 2 offers in backlog. Hopefully things change soon. fingers crossed.

  19. #1219
    I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

    Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

  20. #1220
    Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?

  21. #1221
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    Quote Originally Posted by superuser View Post
    I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

    Also, let?s say if I exercise my EAD for a new job where employer doesn?t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?
    As per the law, the 180 days starts from the day the AOS application was filed with USCIS (https://www.govinfo.gov/content/pkg/...106publ313.pdf). However, the receipt notices from USCIS do not mention that date, and only have the date where the receipt notice was generated. So just to be safe IMHO, its good to go by the date on the receipt notice from USCIS. Otherwise in case you need to prove something, you will be relying on Fedex/USPS receipts, which likely carry less weight than a notice from USCIS itself.

  22. #1222
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    Quote Originally Posted by delorean_doc View Post
    Hi folks, I would appreciate your advise here. On 1/5/21, I received receipts for I-485, I-765 and I-131 (all these forms were received by the Texas Service Center on 10/26/20 while the notice date is 12/28/20). Now that I have the receipts, is there any likelihood of an RFE at all?
    Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.

  23. #1223
    Got it...thanks

  24. #1224
    Quote Originally Posted by rabp77 View Post
    Receipt notices will give you no indication of the likelihood of an RFE. USCIS just does some basic checks that the files and fees are correctly sent, and the underlying petition is eligible for an AOS to be filed before sending an receipt notice.
    The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

  25. #1225
    Quote Originally Posted by Mgajsk View Post
    Question to the Gurus in the group.
    1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"
    No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.

    2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?
    You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.

    3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?
    That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.

    4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?
    Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

    Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.
    LPR Since 07MAY2021

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