EB2-3 Predictions (Rather Calculations)

[iamdeb]

You should not leave the country after filing the I-485 without having an approved AP. That was what I was told long ago by my lawyer. You don't have to use your AP to return, and can use a valid visa, but you will needlessly put your I-485 in jeopardy.

Appreciate the response.....looks like AP is taking around 6 months to be approved these days...is there any way to expedite that....I don't want to leave country after filing AoS, however my mother-in-law's health is not good and I might have to travel to India within next few months due to it....hence wanting to know the options....

[Positive]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

Don't file for AP now and go get your visa stamped when you go. However, if visa stamping isn't possible (I think they are doing drop box ones but pls check) then you have no option but to wait. I think they are providing for premium process for EAD for $1500, not sure if that covers AP as well.

[nbk1976]

Appreciate the response.....looks like AP is taking around 6 months to be approved these days...is there any way to expedite that....I don't want to leave country after filing AoS, however my mother-in-law's health is not good and I might have to travel to India within next few months due to it....hence wanting to know the options....

Speak to your lawyer. If there is an urgent humanitarian reason, perhaps they will understand. There really isn't way to expedite it. File the I-485/I-765/I-131 asap. I had my EAD/AP renewed recently. It took about 2.5 months. Not every case takes 6 months.

[Chilli19]

There are two ways to downgrade from EB2 to eb3—amending the EB2 I140 or filing a new standalone EB3 i140. The latter is the safer option and preserves the previous I140.

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

[nbk1976]

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

Who informed you? I am not suggesting it is false, just curious. Did the company change the nature of their business? did your job duties stated on I-140 change? If they just changed the name of the company, then a letter from the company should suffice. If it is more than just a change in name, there may be other bigger things to revise.

[idliman]

Don't file for AP now and go get your visa stamped when you go. However, if visa stamping isn't possible (I think they are doing drop box ones but pls check) then you have no option but to wait. I think they are providing for premium process for EAD for $1500, not sure if that covers AP as well.

As you said you have a few months, please file for I485/I765/I131 ASAP. Then after 2+ months, you can expedite it using a Congressman / Senator. For humanitarian reasons USCIS might expedite it. They would want some sort of proof or documentation for expediting the EAD/AP.

I would not take a chance leaving without a valid AP. If you start now, you might get it on time. Good Luck.

[Turbulent_Dragonfly]

Hi There,

quick question. I have been with the same employer since 2009 and this company A changed their Federal id in apr 2012 and we have been told not to worry about our 140 as no changes required. Later in 2017 they changed the name of the company to B but the address and everything remains the same. My PD is May 27 2010 and now we have been informed that during the I-485 filing we should file an amendment to our I-140.looking for an opinion of the forum members in here

I went through the same with my PD in May 2010 and the attorney filed for an I-140 amendment in 2013 to address the name change.

[longwaitgigu]

Question about heroes act which we were talking about taking spillover back
Greg siskind has answered in one of his tweets

The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

[montyp80]

I am eligible to file I-485 with downgrade. I will have to goto India within next 6 months. I have my H1B petition approved till Mar 2023 but will have to get my visa stamped.
If i file I-485 this month, will it cause any issue with my AoS on my traveling to India. Should I apply for AP or should I apply for AP once I return back to USA.

I am in the same boat and per my discussion with my lawyer,

1. You can travel while AOS and EAD/AP pending. USCIS will reject your AP (I131) application if you're out of the country when I131 is being processed. Your EAD and AOS application remains unaffected. In this scenario you must have a valid H1b stamp to enter the country again.
2. You can file AOS and EAD application right now and apply for AP once you return to US (again you must have a valid H1b stamp to enter US)

In my case, I asked my laywer to file AOS/EAD/AP and I will take a chance with my AP application (in case I am out of the country when it is being processed). I have H1b extension approved till 2023 and I will be eligible for drop box for visa stamping until October 2021 so I am planning to re-enter us on H1B status.

Hope this helps.

[Chilli19]

Who informed you? I am not suggesting it is false, just curious. Did the company change the nature of their business? did your job duties stated on I-140 change? If they just changed the name of the company, then a letter from the company should suffice. If it is more than just a change in name, there may be other bigger things to revise.

Job duties remains same. company nature of their business remains same. But the issues was that the previous owner of the company was convicted in the visa fraud and had a sentence too. Now the company is suggesting to file an I-140 amendment along with 485 now, which they haven't said anything since 2012.

[bones20]

Just checking if anyone here is filing through Fragomen? have you received the AOS toolkit questionnaire yet?

[srimurthy]

Job duties remains same. company nature of their business remains same. But the issues was that the previous owner of the company was convicted in the visa fraud and had a sentence too. Now the company is suggesting to file an I-140 amendment along with 485 now, which they haven't said anything since 2012.

when did the employers tell anything ahead and before hand, never! Good Luck to you.

[longwaitgigu]

Just checking if anyone here is filing through Fragomen? have you received the AOS toolkit questionnaire yet?

No, we were told we will get by this friday, we will update then
We r filing with fragomen with my spouse
My company is using klasko and main lawyer said they r expecting filing dates open till December

[bones20]

No, we were told we will get by this friday, we will update then
We r filing with fragomen with my spouse
My company is using klasko and main lawyer said they r expecting filing dates open till December

thanks! We were told the same, then they said today but nothing yet.

[longwaitgigu]

Expect by this week may be Thursday or Friday
They r extremely slow

[bones20]

Expect by this week may be Thursday or Friday
They r extremely slow

Its going to be today - rep confirmed.

[Zenzone]

Question about heroes act which we were talking about taking spillover back
Greg siskind has answered in one of his tweets

The language was written before the new fiscal year started so I'm guessing it will be scrapped or altered of the Senate takes up the bill (and not looking great for that).

Ahh...I might have missed it. Did he opine on that saying the SO language for fiscal 2021 will likely be scrapped as the year has started?

[iamdeb]

I am in the same boat and per my discussion with my lawyer,

1. You can travel while AOS and EAD/AP pending. USCIS will reject your AP (I131) application if you're out of the country when I131 is being processed. Your EAD and AOS application remains unaffected. In this scenario you must have a valid H1b stamp to enter the country again.
2. You can file AOS and EAD application right now and apply for AP once you return to US (again you must have a valid H1b stamp to enter US)

In my case, I asked my laywer to file AOS/EAD/AP and I will take a chance with my AP application (in case I am out of the country when it is being processed). I have H1b extension approved till 2023 and I will be eligible for drop box for visa stamping until October 2021 so I am planning to re-enter us on H1B status.

Hope this helps.

Thanks a ton Monty! This really helps a lot as my scenario is very similar.

[longwaitgigu]

It's under his countdown day for election on todays Twitter page

[Zenzone]

It's under his countdown day for election on todays Twitter page

Got it! Seeing it.

[rohanvus]

Hi Experts,

Clarification required if you can weigh in

While filing 485 the employer address has to be the one that was mentioned in PERM (say location A)- right ?
If so , lets say one is working on H1 in another location (say B) different from PERM location - What are the risks in such cases ?

a) When ppl say PERM location is for future employment then can current H1 location be different from PERM location ?
b) Do we need to file H1 amendment to match PERM location before filing 485 ?

Please guide

[monsieur]

a) When ppl say PERM location is for future employment then can current H1 location be different from PERM location ?
b) Do we need to file H1 amendment to match PERM location before filing 485 ?

Please guide

H1 location amendment is needed if address changes to different metropolitan statistical area (MSA). Lets say you are in Bay Area which (mostly) comes in 1 single MSA, moving form Menlo Park to Sunnyvale will not trigger this. But if you move to Seattle or Portland then yes you have to update your address.

[inspired_p]

Well as per the data from below, since 11/2010, 16 times(out of 120) EB3's PD was "ahead" of EB2 PD, so historically speaking - good chance that EB 2 PD will be ahead of EB3 PD in future - of course on an average. [ For 4 months EB2 PD was U, so technically its just 12 times] i.e. 10% chance that EB3 PD can remain "ahead" of EB3 PD .

https://www.immihelp.com/visa-bulletin-tracker/#

Sorry focussing on PD rather than FAD, as that what really is critical in the long run. Thanks!

Thank you ! But given that there are almost 30K more visas to be had in every category ( EB1/EB2/EB3) this year, and with 15K applications already in waiting for EB2-I, EB3-I FAD should move ahead of EB2-I for this year at least.
there is very good chance of May 2011 PD becoming current( FAD) under EB3-I than EB2-I and hence chance of getting your I-485 processed in time before the dates retrogress (oct 2021) are higher under EB3-I. Am I missing something in this prediction? Why would EB3-I not forge ahead if there is relatively very low demand compared to EB2-I ( even considering Downgrade and or multiple EB filings)

[rohanvus]

H1 location amendment is needed if address changes to different metropolitan statistical area (MSA). Lets say you are in Bay Area which (mostly) comes in 1 single MSA, moving form Menlo Park to Sunnyvale will not trigger this. But if you move to Seattle or Portland then yes you have to update your address.

Thats right for H1 amendment where work location must match the H1/LCA location . However , the PERM for Green Card is tied to Head quarter office in another state (different from the current work location). In such case chances for I-485 denial is high because the employee is currently working in a different branch office (of same employer) ?

[cool_dude]

Finally my employer agreed to downgrade to EB3.. My priority date is May 25 2011.Any chance of getting GC in 12 months?