Coming back to predictions. Here's whats Feb 2021 Visa Bulletin says about potential monthly movement.
EMPLOYMENT-based categories (potential monthly movement)
EB1 - India: Up to six months
EB2 - India: Up to two weeks
EB3 - India: Up to three weeks
So the best case scenarios for FA dates in Mar 2021 VB are
EB1I - 01JUL20
EB2I - 26OCT09
EB3I - 22APR10
In reality the actual movements will be lower than what's stated in past VB.
LPR Since 07MAY2021
Welcome to this forum.Originally Posted by gc2021
Is there a reason why you want to switch to EAD when you have a valid H1B status? H1B status has its own advantage. Your employer will complete a I-9 and submit or if you use AP to reenter the country, you will automatically go to "AOS Pending" or "DA" status. I would recommend you to stay in H1B and later on when you travel you will automatically go to "DA" status.
For your spouse, it is a good idea to move to GC EAD instead of H4 EAD. H4 EAD is based on a rule that can be cancelled any time (DT admin tried to cancel it). GC EAD is based on a law and it cannot be cancelled that easily. Your spouse can stay on "AOS Pending" and you can stay on H1B. The beauty is there is no USCIS fee to renew EAD/AP with I485 pending. See details in EAD/AP thread.
If you use EAD/AP, your wife will also move to "AOS Pending" status and will have to fill a new I-9. However, if she moves to "AOS Pending", you still stay with current status. Hope this helps.
LPR Since 07MAY2021
AC21/Porting/CSPA Protection (hypothetical scenario)
PD: May/2011
Previous Employer filed I-140 EB2 (PD May/2011)
Current Employer Filed EB3 (PD ported)
Employee filed AOS (Oct/2020) based on I-485J provided by Current Employer (EB3) . Employee should get EAD before May-2020
Question:
IF FAD for EB2 moves to May/2011 at end of FY2021 (While FAD EB3 does not move to May/2011)
Can employee go back to previous employer under AC21 start working on EAD and then request to USCIS to Transfer of Underlying Basis to adjudicate AOS case under EB2 FAD ? ie .. 485J from previous employer
Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.
----------------------------
Yes, Its a new job so started from scratch i.e Perm + I-140. I am still waiting for perm to be approved before I can file I-140.@Moveon - Did you have to file a new petition when you moved to a managerial position ?
This is absolutely correct. Its always Job Description AND Qualification of candidate which determines EB category. It can’t be just one. We always get carried away with qualification of candidate without giving thought about Job Description.@inspired_p - job description and qualification/experience on the PERM determines if EB2/ EB2 "can" be applied.
@vsivarama - Hehe so true my Internet friend; I do have lawyer certificate which gives me property rights on moon so yeah I agree that if they want they can make any person as EB-1 candidate.
@Aceman - Buddy your frustration is USCIS is progressing slowly. Thats an agency problem, reason is whether lack of funding, political agenda or genuine surge of immigration in USA (legal, illegal both) is bringing to its knees. Keep in mind, apart from EB GC, they are responsible for ALL Visa category which is much much bigger workload. Agency needs overhaul in terms of rules and regulation but most imp in attitude. Maybe they are immigrant friendly but us (EB-I) don’t see it coz of sheer number of us waiting for GC.
I know one thing, if we all can apply to EB1 or EB5 GC and get it next month we will do it in blink of an eye. I firmly believe that all of active users whose dates are in mid-2011 will be greened by this year end or max 2022. If this doesn't happen, Spec will share data to show where those GC number are allotted.
In a complicated scenario like yourself with uncertainties, try to break into simpler things first.
AOS Pending Status: It is where you have an I-485 receipt number. By itself, a) it does not allow you to work and b) it does not allow you to reenter the country. There is no requirement of work.
AOS Pending + EAD: EAD allows you to work when you are in AOS pending status.
AOS Pending + AP: It allows you to travel out of the country without abandoning your I485. If you travel without AP, you are in serious jeopardy unless you have another status such as H1, L1, etc., See AP Travel thread for more info.
AC21 or INA Section 204(j): It grants you ?job portability? after 180 days of pending I485 from ?Received Date? on I485 form I797 receipt notice.
I485 Supplement J: First understand that I485 / GC is for a future job that is stated on PERM. The first time you file I485, Supp J is for confirmation of Bona Fide Job Offer. After 180 days if you send Supp J it is a request for Job Portability Under INA Section 204(j) / AC21.
The moment you talk about AC21, the first rule is no matter what you have to meet the 180 day requirement. After 180 days, you are a "free agent" and you can go and work for any employer as long as the job is in ?same or similar? category. It goes without saying that you need to have an EAD to work in AOS Pending status.
You are correct. After 180 days, you will use AC21 and port to previous employer and then request USCIS for ?Transfer of Underlying Basis? a.k.a Interfiling. You can move from EB2 to EB3 and vice versa as you have two sets of PERM+I-140 approved by two different employers. See Murthy article on this for more details / fine print.
Yes you are correct. That?s why I recommend my friends who are facing age-out type scenario to maintain an EB2 and EB3 I140. Whichever queue becomes ?FA? current first, you can Interfile and lock the child?s age.AC21/Porting/CSPA Protection (hypothetical scenario)
Some folks who have H4 child about to age out in less than year could be well into this situation and they can lock child's age IF old employer could still offer job
Because at start of FY2022 ..FAD will likely retrogress till last quarter of FY2022.
Hope this helps.
LPR Since 07MAY2021
What makes you think this will happen i.e EB2 will reach May-2011 before EB-3?? Currently EB-3 is Apr-2010 and EB-2 is still in 2009.
https://www.uscis.gov/sites/default/...ry_FY09_19.pdf My go to report as there is no way one person can go back in time and get their I-140 approved. Based on it there are total of 15K EB2+ 7K EB3 (total-22k) approved I-140 in 2010 and 30K total (22k - EB2, 8K EB3) in 2011.
Rough behind the napkin number says there are 60K folks (22k * 2 from 2010 + 15K * 2 from 2011; subtract 14K for folks with both partner I-140 + folks who upgraded to EB1) ahead of you. Keep an tab how many total EB2 and EB3 GC approved for India category in given year.
As you might have read discussion in this page, EB2 and EB3 category differentiation is no longer valid after 10 yrs. Folks move and their new petition get changed. EB2 and EB3 will go hand in hand. Things are too far, don't get stressed abt stuff which you can't control.
Folks - I am trying to find current 485J supplement form on USCIS site. Found this one but it seems to have expired in Oct 2020. Can I still use it?
https://www.uscis.gov/i-485supj
TSC; EB2-I: PD: 17-SEP-09; I-485 RD: 25-APR-12
Idliman,
I have a question about "AOS Pending + AP" scenario you have outlined above. I recently got my H1-B approved. I have also applied for AP (because last time USCIS gave me separate 2 year EAD and one year AP document). I am not sure how long it will take for USCIS to approve my AP. So, the question is...if I don't receive the AP in time and I have to travel for an emergency, I can take the H1-B visa appointment in India and leave the US without AP without jeopardizing my I485 application....right or wrong? And the second question...if for some reason the visa stamping gets declined in India, then I will be without any status and thus will jeopardize my I 485 application, and possibly won't be able to return to the US...right?
As such, I don't anticipate any issues with visa stamping, but just want to make sure that all the bases are covered and I am not overlooking any unforeseen scenario.
Yes. But the catch is you have to be in H1B status at the time of departure to return back in H1B status. This will not abandon your I-485 application. This means that you need to be eligible for H1B and have all docs, including a valid visa stamp to return to US.
This is a harder question for me to answer. I don?t think you will have any issue with stamping as long as you have not done fraud, felony, DUI, etc., If H1B is denied for work related issue, your employer can do another I-129 addressing the issues that the consulate had raised. Then you can go for H1B stamping again. You probably have to pay big bucks to law firms so that they can get you out of jail (a metaphor).
General:
For applying AP, you need to be physically present in the USA. The AP should be approved and in hand before leaving USA and you need to return before the expiry of the AP at the time of departure. Let?s say a pending AP is approved and you ask your friend to mail it to India. You cannot use the new AP to reenter. However, you can come back using old AP and then use new AP for a separate trip.
Traveling on AP is tricky business. So please read / educate yourself before going on a trip.
There are also provisions to request emergency AP. You need to google it to see if you can avail that. Hope this Helps.
LPR Since 07MAY2021
Thank you for your detailed response! My last entry to US was based on AP as a parolee. I had a valid H1-B, but didn't get the stamp in India at that time. After I returned to US, I continued on H1-B (didn't change I-9 form with the employer), since then the H1-B was renewed two times without any issues with the most recent approval came a couple of weeks ago. So, say I decide to leave US without AP, I suppose I am in H1B status at the time of departure. I will have all the docs EXCEPT a valid visa stamp at the time of departure, which I will get in India. Long story short, not having a valid visa stamp in passport at the time of departure from US shouldn't be an issue...right?
Last edited by vedu; 02-09-2021 at 10:39 PM.
Sure. You can go for H1B stamping in India with pending AOS. H1B is a dual intent visa and will not affect your AOS. If you don't believe me (you should always cross-check random internet advice), look at the questionnaire in Zhang & Co website. It is well explained.
I am sorry that you got into 1 year paper AP mess. Next time use (c)(9)(P) and look at the EAD/AP renewal template. This has worked for most of us without any issues.
LPR Since 07MAY2021
@monsieur - I certainly do not want this happen. But Eb3I movement depends on ROW demand and EB2I due possibility of EB1 spillover (From May2021) might catch up fast .
USCIS bureaucracy and ability to handle case , impact of interview requirement on cases is big unknown. With Steady ROW demand USCIS may wait till last quarter to apply horizontal spillover for EB3. And I am worried that USCIS won't move FAD OR move it very conservatively . And with start of FY2022 , FAD retrogress for Eb2I/3I as SO visa's disappear.
@idliman --Thanks for explanation and Murthy law link.
Another Q - IF FAD is current , Can one apply for I-140 and send interfiling request with I-140 application? (OR have to wait for I-140 approval)
Last edited by gthbvf; 02-09-2021 at 11:00 PM.
Once again, thank you for your advice! I am going to carefully consider all the things you have mentioned before my travel. Hopefully dates move faster in the next few visa bulletins and we all get our GCs soon, so that we don't have to worry about all these complicated issues while travelling to India.
Hi Idliman,
Thank you very much for explanation. I had a hard time with my current employer so was eagerly waiting for my EAD/AP and now it is approved so thought of changing employer. I know employer need to fill new I-9 with EAD details but where they need to submit this form ? I thought this is simply a compliancy form which every employer need to maintain in employees file for proof in case of any Audit. So trying to understand how USCIS will know whether you are using H1B or EAD if you are in the country(not used AP for travel) and H1B is still valid. Is employer sending I-9 form to USCIS and USCIS is maintaining this data ?
Thank you.
To add more to it. As per as USCIS site regarding I-9 form :
Where to File
Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:
Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
Folks - Another update from my end. Received a separate receipt notice for Form I-485 J Supplement I filed along with my packet in October. Looks like USCIS indeed sends separate notice for that even when its filed for the first time along with a 485 form.
I got it too couple days back.
PD: 10/05/2010 EB2-I || I-485/765/131 RD: Oct 23, 2020 || Biometrics: 01/21/2021 || Combo Card Rcd: 02/05/2021 || GC Approved: 07/08/2021 || Card Received: 07/15/2021
Try googling for "E-Verify" and "I-9". There are hundreds of websites and videos that explain the whole process. They probably will do a better job than me trying to reinvent the wheel.
To verify the current status, you will use the I94 portal. This will give you your travel history for the last 5 years and also the recent status.
https://i94.cbp.dhs.gov/
- There is no registration for I94 website. You enter your name, DOB and Passport number. Anyone and everyone can do it on the fly.
- If your passport number had changed after the last travel, the system might return "No Record found for Traveler". Try old passport number that you had used for last travel.
- If you have done a recent H1B renewal after last entry using AP, the I94 number remains the same. But for some reason the I94 portal has not updated the status and expiry date. So there is some mismatch between brother CBP & sister USCIS, even though they are from he same parent, DHS. Maybe they had a recent feud and they don't talk to each other. Their new dad (Mr. Alejandro Mayorkas) has to sort it out. Pun intended.
HTH.
Last edited by idliman; 02-10-2021 at 09:55 AM.
LPR Since 07MAY2021
You made me LOL with that last bullet mate! Good one.
Last night I received an email from USCIS regarding an RFE they have sent to me, I did receive RFE for medicals and Supp J in 2018.
Priority Date: 02/09/2010 - EB2 - NSC. || I-485 Approved - 06/17/2021
I love to rub on the Eb2 I guys just for the fun of it. Back in 2009 I had my Masters and all the qualifications for Eb2 however the position required only 3 years experience with a degree. So I had to take Eb3, while lot of my contract coworkers even with a lower salary got in Eb2. Call it jealousy or whatever, but one of the guys rubbed me in the wrong way. He stated money does not make it. Eb2 is exceptional and like Royals, Eb3 is a commoner and a plebeian. They are classified along with unskilled in pure Haryanvi language :-).
Very funny and highly impactful!!!
Fast forward 5 years and couple of promotions later around 2015 end, I wanted to upgrade to Eb2 and started collecting the details for the same. At the same time I started following Trackitt and found out people were moving heavily from Eb3 to Eb2. That was the same time when filing date was introduced and the changed the bulletin to pull back filing date. Later in 2016 Eb2 got only about 7000 visas. Eb1 was growing in popularity. It was during the peak time of Eb1 abuse claims by Eb2 guys along with Eb1B candidates egging them. I did my detailed research and found that 90% of the Eb2 applicants had their credentials and back ground which should have really been in Eb3.
So it makes me happy to see ghar vapasi by these prodigal children!!!! And lot of them still think they are going back to Eb2. The same attitude shown by my then co worker.
The icing in the cake was my chance to remind my Eb2 co worker who had a November 2010 PD about his words. Both of us applied for AOS at around same time and both of us are still waiting for finger print.
I love to add another anecdote here, the solution to fix a water leak is not adding more water to the problem!!!
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
Hello Gurus,
Does USCIS verify old G325A with new ones we submit as a response to an I-485 RFE? When i filed my G325A in 2012, I had my address outside USA was in Bangalore and it's renamed as Bengaluru in 2014. Now i am filling it as Bengaluru, Does USCIS care this?
And Supplement J form is expired on 10/31/2020 and there's no new one available in USCIS website, can i submit an expired form?
Ace,
I tried to not get involved in the EB2 vs EB3 debate here. Back in 2012 time frame, I thought I am going to get GC soon in EB2. When some EB1C exceptionally skilled people (my friends who went to high school with me in India) got their GCs and rubbed on me about why I did MS'es & PhD, I got mad. Over time, I have got used to this abuse of the system along with the mafia conspiracy of immigration. I am at a workplace where any org change has to be kept in records for 40 years and submitted to the agencies. Imagine someone who comes and tells me to create a fake org chart for EB1C. My reaction is obviously, "Are you kidding me?".
This is a big system where multiple people are exploiting backlogged folks. The companies, lawyers and other services. So people are doing whatever they can to take whatever shortcuts they can. I can see why immigration reform never has a decent chance of passing. The whole world is benefiting because the Indians are backlogged. This will be very hard to get rid of. Even the DREAM legislation will be hard, but they have the vote-bank and younger kids protesting on the capitol footsteps and on the street. So they have a chance to pass without Citizenship. I have respect for the folks who try to be active and change this. As my part, I try to educate all the brethren and help them as much as I can.
For every few people who are honest and true, there are 10 times the folks who are from WITCH based or Desi consultancy companies who are used to being exploited and are just waiting for their turn to exploit someone else and get ahead. It is just the culture they are used to, just like the fake resumes prevalent in the IT industry. I would say, just lookout for your case and make intelligent decisions so that you have multiple paths to reach your immigration goals.
Peace.
Last edited by idliman; 02-10-2021 at 12:03 PM.
LPR Since 07MAY2021
Thank you for above response. Just continuing this discussion so that it will be helpful for other who are in similar situation.
" E-Verify" is optional not all employers doing this but I-9 is compliance form and every employer needs to maintain employer visa/work authorization status for any audits. I know if you travel aboard and while returning to USA whatever document you produce (AP or H1 visa) based on that you will be on either H1 or Pending Adjustment status. But my question is if I have valid H1 and AP and I am not travelling out of country and employer not doing E-verify how USCIS will know our current working status unless they do audits and finds through I-9 form . I am not saying I will use both H1 and EAD but just checking to see how this system is verifying . Per instance while I am continuing with my employer on H1B as a fulltime role and at same time using ead for part time Job's.
The intent of the G-325A is to collect biographic info for background checking. It is almost like a formality. Bangalore Vs Bengaluru will not make any difference in the context. So just complete it and don't worry about it. But, if you have any missing fields, you will get an RFE.
Use the latest form from USCIS website. Before submitting make sure that a new version of the form is not released. They should be some communication about this form, but I am not able to find it by googling on AILA.
LPR Since 07MAY2021
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