EB2-3 Predictions (Rather Calculations)

[LeoAugust]

I don't know when you had sent the L2 EAD renewal paperwork. A lot of H4 EAD folks have filed for EAD or renewal and are waiting for 6+ months. So it would be very difficult to convince USCIS to expedite (and a ton of recent I485 applicants). I would say a typical EAD renewal now-a-days takes 3 to 6 months. You can look at trackitt to get an idea of who recently got approved.

As your husband is facing "economic loss" and potential "loss of job", your best bet would be to go through your local congressman / senator. Pick only one person and don't go to multiple congressman at the same time. Present your case to the congress staff that you are facing a difficult situation and ask for their help. If they are convinced enough, they will pull the strings for you. Present family hardship, loss of health insurance, No DL so cant' drive cant get food or any angle to convince the congressional staff. But make sure that you have something to back it up, if they ask for proof.

I am sorry that you have to face this situation. The US immigration is like a massive aircraft carrier. It takes a lot of effort to keep on things on track, but once you build the momentum things will run smooth.

Added: Lesson's learned. I would advice everyone to look at the EAD Template Renewal Thread and setup timely 6 month and 7 month reminders before EAD expires. I assure you that if you delay renewal, you will be stressed and praying for a miracle. Why go through it, when you can prevent that situation by sending renewal timely. That's my wisdom based on past EAD renewal experiences.

We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...

[idliman]

We are waiting for last 9 months. Jun-2020 we submitted and still waiting and my wife lost the job as well...

I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

[LeoAugust]

I am very sorry to hear this. I think we have info in this thread on how to elevate the issues. 1) Service Request 2) Congressman or Congresswoman / senator inquiry and 3)USCIS Ombudsman request. You should have enough evidence (loss of job or an email from work/HR saying that you cannot work after expiry of EAD) to present to USCIS or congressman. Have you taken any steps to expedite the approval? Don't give up. Try every source to expedite and somehow get an approval.

In My Opinion, even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

[bluelabel]

Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.

[AceMan]

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

[LeoAugust]

It is really unfortunate that your spouse had to face the brute aftermath of covid induced delay.

I recall back in 2015 for the first H4EAD applied in May, my spouse got it only after an SR where we went to an USCIS office some time late October and we got the card approved message a day or 2 after. They had a similar comment that primary is working and there is no validity to my claim that I have severe impacted without an H4 EAD. She lost a job offer as well.

Worry not. Rest assured this time too will pass. The market is opening up, wish your spouse land up in a better job than what she lost!!!

Thanks for your kind words... Let your words comes true... (/\)
Sometimes I feel her career messed up coz of me. As you said... this time too will pass

[idliman]

Guys i worked for a WITCH company who applied GC in EB2 Feb 11,2011 pd with I140 approved in 2011. If EB2 goes past 2011 Feb if WITCH company is willing to take me back, what are the documents i would need from them(cts) to apply I485, if my dates become current say in 3-4 visa bulletins.

Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

[qesehmk]

even though a Senator is much higher ranked that Congressman (or Woman), it is the staff and their willingness to resolve your issue that matters. Of course if your senator happens to be the Chair or Ranking member of the Judiciary committee I would choose the senator in that situation.

Always remember to be kind to them and thank them for any assistance they offer. Their compensation is similar to the range of school teachers. I can only image how listening to grievances of lot of people will feel like at the end of the day.

My personal experience is 100% positive. Absolutely wonderful. Democrats and republicans both alike. America is great my friends. I say it from the bottom of my heart. Reach out to your representatives. Be respectful, be brief and to the point and be reasonable. You will see what makes this country great first hand.

[shekhar_kuruk]

Is Net Annual income can be left blank or write N/A on Supplement J? My employer only filled Gross Annual Income but not Net Annual Income, instead filled as N/A.

That should be okay, the company does not want to disclose it. N/A should be fine.

[2011Feb]

Sorry to say we tried not all but couple of them.
1- Service request- Tried. Agent says we can not pick up the SR as your petition is under processing time. Wait if it cross the processing time.
2-Congressman- Tried. They said primary is working and hence you can wait.
3- Ombudsman- Did not try.

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

[cancer24]

354 days and counting for both H4 and H4 EAD. Fingerprinting was done only last week.

[srimurthy]

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.

[Noesis]

Same with me . Applied H4 EAD for my wife on Aug 2020. Still not yet approved. Tried service request 3 times based on financial loss (explained about loosing driving licence, House mortgage issue, etc), all are closed after a week. Tried with senator, they got response from USICS says they are heavily back logged. Finally my wife had to resign the job.

We applied 485, so she will be moving to 485-EAD, which is much better then H4 EAD.

Same, Applied H4 (COS) and H4EAD in May 2020, Nebraska, still not approved, not even fingerprinting. Calls, SRs, Emails, D/L expiring in a week; Nothing helped. Applied for AOS and cannot wait to receive the EAD and be done with this.

[AceMan]

Can totally imagine your condition and situation. Was in the same boat even before COVID and the H4EAD got approved a month and a half after Expiry. Spouse had to resign and then wait a couple of months, luckily she got a good break in a bigger firm. AOS is so much peace and not sure when they will be issued.

Even my spouse was lucky to get a good break like yours back then. It is really a sick joke for USCIS to send h4 EAD with past date while following the inhumane and cruel practice of making people to go through these unwanted stressful situations.

My co-worker's wife and a family member had to leave the job without a valid H1. Both of them got their H4EAD a week after they left the jobs with the original continuation dates from the previous H4EAD. Both of them are yet to get back to the workforce with their matching skills.

[ak7419]

Although someone had already replied to this, I just wanted to add. If you are going back to work for the same employer who filed for your PERM and I-140, you don't have to do anything. Many attorneys will say wait for RFE. However, if my PD is current or close to being current, I would proactively submit I-485 Supplement J. That will automatically trigger an RFE for updated I-693 and G-325A. If you are going back to CTS ask them to file for I-485J in the first month itself.

@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?

[maverick2010]

Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!

[idliman]

@idliman - to which address do we have to send 485 supplement J if we want to file it proactively. my issue is i don't know where my case is being processed. receipt number starts with LIN but when I submitted a service request, I got response from TSC. So, I am confused where my case is being processed. Do you have any pointers?

As I-485 Supp J is part of the larger I-485 application, I think you would submit it to the same address that you had originally sent the I-485. Definitely write a cover letter explaining what you are submitting.

[idliman]

Dumb question - Can I change to a different immigration lawyer after filing I-485? Can this new lawyer downgrade to EB-3 or answer RFE's related to EB2 that was already filed?

Thanks!

You have every right to fire / change your immigration attorney at any time. However, you need to inform USCIS of change. The new attorney will file a G-28 form and the status will show as "Name was Updated" after USCIS accepts it.

Will a change of attorney really help you? That's a different question. Usually attorneys work with the company and before companies share anything they have some sort of agreement covering both of them (such as NDA). So once you switch, it may make things difficult from the company side to get support. To downgrade or "interfile" or "change of underlying basis", you need access to I-140 and PERM job description. Another option is to file another "I-140" for EB3, keeping EB2 "I-140" intact. Think carefully, understand the whole process, understand what underlying documents you need and then switch.

Edit: I forgot the elephant in the room. To downgrade or not depends on your PD and some anticipation of future PD movement. Kindly put the PD or Service Center or your status in your signature. That will help the experts here to answer your downgrade question.

[idliman]

Lately, I have seen numerous posts with extremely long wait times. Q has a dedicated thread for congressional inquiry under I-485. That thread is not very active and most of the info there is dated around 2012 / 2014. I wanted to pass on my experience's to fellow backlogger's and have posted it under I-765. I had used this process to get a resolution for my pending EAD/AP a couple of times. If you are thinking of availing congressional inquiry, take your time to go through the following thread.

Overview of Congressman / Senator Inquiry Process

Good luck everyone.

[Dallas111]

Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.

[Moveon]

Q, Idliman and Others

Great forum and advise in past.

I got current in March bulletin (PD Oct 29,2009). Received RFE in Jan end 2021 and responded to RFE (485j and Medicals) 3 weeks back. Got EAD in 2012. In between had received 2 RFEs in2014 (Medicals) and 2018( Medicals and 485J) which were responded to and approved successfully. My center is NSC Center. No change in company since got RFEs in 2014.

I have 2 questions:
1. How much is approx processing time in my scenario. When can I expect GC.
2. I am in process of selling an apartment in India and receipt of money will go to my India NRO account. Not planning to bring money to USA till I get GC. Does any transaction in India remotely matter. Does USCIS check any India NRO account . I have declared this account in past in my taxes. Should I hold on my apartment sale in India till I get GC.
3. I am also in process of buying an investment house in USA. Does it matter. Should I hold on till I get GC.

I know probably I am being paranoid but its my 18th year in USA and hoping that agony ends soon and don't want to take any chance however remote it could be.

while Predicting the GC time is speculation , you should get it this fiscal . Some say its given on the basis of the PD , some argue its on the basis of the RFE response receipt date etc. If you are lucky probably by April end .

About the financials you have mentioned . They have no bearing on the GC. You can proceed with your plans and if you have any questions on taxation of India income you should contact a CPA . What you are doing is totally legal as long as you pay the taxes .
Best of luck

[Moveon]

There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters

Q , I am not sure on these points. From what I understand anyone passing the "Substantial Presence Test" has to pay taxes on all income dometic or foreign . The IRS website seems to say so . Greencard holders and Citizens are treated at par for all tax purposes no diff . So if you have a GC and get permission to stay out of the country for 2 years , you will pay federal taxes for your income earned abroad. if there is a dual tax treaty then you will only pay the diff. Eg: Yiu are a GC holder in India and make a profit of 10K USD on some Mutual Fund and the Indian Govt only taxed you 5% while the US taxes 15%. You will pay India 5% and the US 10%. My friends have done this .

When it comes to taxes you are treated at par with with a US citizen the moment you pass the "Substantial Presence Test" . But for everything else you are a 3rd grade Alien. The Sad reality of legal immigration in the US.


https://www.irs.gov/individuals/inte...-presence-test
https://www.irs.gov/individuals/inte...ien-tax-status
https://www.irs.gov/individuals/inte...s-tax-purposes

Even when you return to India for good on HIB for that year you will need to pay US taxes
https://www.irs.gov/individuals/inte...-status-aliens

No escape from Taxes . You might die without a GC after 50 years but they will take every penny due as if you are a citizen.

[srisri]

There is an important tax difference between being a citizen vs a " GC holder or H1B ". Many people don't know this but since it might benefit you and many others I will talk about it.

A citizen owes capital gains taxes on foreign capital gains as well. A GC holder or an H1B does not!!

A citizen becomes limited in his ability to get the best tax treatment. But a GC holder or an H1B can maneuver and get the best tax treatment.

Of course all this advice applies to scrupulous clean people. For the corrupt and unscrupulous none of this matters

Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

[H1b2006]

GUYS when i input my receipt notice SRC-XX-YYY-ZZZZZ of my approved I-140 it says below error message. iam not sure if my I-140 is active, or revoked by my WITCH employer and what does below error message mean?
Validation Error(s)
You must correct the following error(s) before proceeding:
My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the USCIS Contact Center at 1-800-375-5283.

[qesehmk]

Q that is not true, I have paid Uncle Sam taxes on sale of property in India, for tax purposes you are treated as permanent resident after three years of stay and would have to report income from all sources. In fact I didn?t have any tax liability as per Indian tax laws but had to pay capital gains tax in US. You can avoid double taxation if you had to pay taxes in India. Talk to a CA in India and submit Form 15/CA and 15/CB to move the money from NRO to NRE account and a good CPA for capital gains tax.

Both - I always suspected if I have gone senile and you both confirmed it!

You are correct about tax treatment between resident and citizen. I totally confused something else with GC holder vs Citizen. I think I will delete my original post lest somebody reads it and does something wrong