EB2-3 Predictions (Rather Calculations)

[texas_]

My wife's employer has 30 people who became current and filing I-485s for them and their families. The HR mentioned they're focused on filing I-485 right now and so will not be filing I-485j along with the application and will submit that when the RFE comes and mention this is their standard practice.....anyone come across that?

Yes, Many attorneys now a days file only I 485 and not even working on EAD/AP. They say will do that later in a month or two

[qesehmk]

Just saying we need to stay true to the name of the thread i.e. "calculations". Somebody like you who has been putting great thoughts out - people tend to hang their hat on. Hence it is a good idea to use data, calculations, be conservative and then add caveats!

Thanks for your posts. I hope you under my only intention is to keep things as real as possible without too much pessimism or optimism.

If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-...tizenship-data

[longwaitgigu]

My company attorney team says they are planning to file Adjustment of status end of October, this is crazy and I am done with all our action items from our end, it takes a month to prepare the application? I am considering to file myself, any thoughts?

Anyone planning so or should I look for a different attorney.

You have atleast submitted
Fragomen our company lawyer has not even send any list of docs to start
Saying it will take 2 months
Dont know what to do
They seem to be very confident that dates of filing will be open for November

[longwaitgigu]

Thankyou guru

[qesehmk]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

- USCIS has added 485J that the company needs to fill out. But rest is upto you.

[maverick2010]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

[Kesid23]

This is very important. Spread the message.

Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.

But, don’t you need the company to fill the Supplement J information and sign on it, especially if the I140 was filed a while back ?

Thank you!

[maverick2010]

You have atleast submitted
Fragomen our company lawyer has not even send any list of docs to start
Saying it will take 2 months
Dont know what to do
They seem to be very confident that dates of filing will be open for November

This is totally unfair. No one can give any type of guarantee on bulletin dates. It may or may not move. Lawyers should be more transparent on their workload and let employee find a independent attorney if they can file the application on time . What if they dates retrogress, are they going to compensate?

[qesehmk]

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

Yes indeed. That's a nasty requirement. But it is what it is. At least know that you can do most of everything completely on your own. And even do YOUR part in filling out 485 J.

[qesehmk]

Also I strongly suggest everybody to NOT abandon your first application when you port. Porting is basically filing an entirely new application. Don't abandon first application when you file a second one.

[bookworm]

Does anybody have insight into how long a 485j is valid? I sent one in this January and was wondering if there is a rule or practice similar to the medicals.

[bookworm]

Agreed. But I guess there is form called I-485J supplement(proof of employment) that needs to be signed by employer.

One can always fill out the SuppJ and send it to HR with a request to sign. It is a fillable PDF so the HR rep can always change parts they feel like. Having a filled out form will most likely speed up the process Vs having HR rep spend couple of hours filling it out.

Also remember your HR reps are humans so a kind word and recommendation from someone you both know will help you.

[Lake789]

Thank you everyone. i was wondering the same. Eb2 I140 pending inventory by end of 2013 is 2.5 times that of EB3 I140 (based on June-July 2020 data). Now the only problem is how many EB2s downgrade to EB3 and raise the numbers. I sincerely hope they keep the filling dates open for a few more months amidst all this uncertainty so that an informed decision can be taken on the downgrade.
my company amends the I140. So once my I140 EB3 is approved, i would no longer have my original EB2 I140. So will have to unfortunately let go of EAD/AP by downgrading this month, but have to wait for the next bulletin to see how EB3 shapes up

[Lake789]

Do I485 for all family members need to be submitted together? My wife does not have a birth certificate. So can I submit I485/EAD/AP for myself and my son, and then submit I485 for my wife later?
She has her own I140 EB2, and we can file I485/EAD/AP only based on FD by downgrading to EB3. Our priority date is Jan 2014 EB2

[alpha0]

Thank you everyone. i was wondering the same. Eb2 I140 pending inventory by end of 2013 is 2.5 times that of EB3 I140 (based on June-July 2020 data). Now the only problem is how many EB2s downgrade to EB3 and raise the numbers. I sincerely hope they keep the filling dates open for a few more months amidst all this uncertainty so that an informed decision can be taken on the downgrade.
my company amends the I140. So once my I140 EB3 is approved, i would no longer have my original EB2 I140. So will have to unfortunately let go of EAD/AP by downgrading this month, but have to wait for the next bulletin to see how EB3 shapes up

What is this "amend" 140? I thought you just need to file another 140 in Eb3 using earlier PERM, your current Eb2 140 stays as is. And once yoour Eb3 140 is approved and if you feel the benefit, you can use that new 140 to interfile.

[rohanvus]

What is this "amend" 140? I thought you just need to file another 140 in Eb3 using earlier PERM, your current Eb2 140 stays as is. And once yoour Eb3 140 is approved and if you feel the benefit, you can use that new 140 to interfile.

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

[alpha0]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

No one knows the future, how many will file 485 in next month or two, what will be political situation next year etc..so "A Bird in the Hand is Worth Two in the Bush"...

[jimmys]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

Who knows when the Dec 2011 date will be current? It all depends how many I-485 applications turn up. If you ask me, I would never rely on future movements from USCIS. Yes, I have a decade of experience in NOT to predict future movements from USCIS. USCIS themselves don't know how dates will turn up a year from now.

If I were you, I will ask for a downgrade to EB-3 without jeopardizing EB-2. Get in the I-485 line when you can. Later if EB-2 advances past your PD, move to EB-2.

[iamdeb]

No one knows the future, how many will file 485 in next month or two, what will be political situation next year etc..so "A Bird in the Hand is Worth Two in the Bush"...

My PD is EB2 May 23, 2011...my company is willing to downgrade...i am wondering if i should wait for the Nov bulletin before deciding to move to EB3.....

[rohanvus]

If I were you, I will ask for a downgrade to EB-3 without jeopardizing EB-2. Get in the I-485 line when you can. Later if EB-2 advances past your PD, move to EB-2.

When you say w/o jeopardizing ,are you saying there are chances that EB-2 can get jeopardized due to downgrade ? I assumed EB2 remains unharmed with downgrade .
Can you clarify pls - Maybe i am missing something .

[h1bh1bh1b]

To lake789

I upgraded from eb3 to eb2 and when eb3 became current,My EB3 was still valid .
I think same procedure applies when you move from eb3 to eb2.

[iamdeb]

Had couple of questions regarding Birth Certificate for filing I-485

1. In my birth certificate, the registration is done 5 years after my birth. Is that Birth certificate applicable or do i need additional documents?
2. For my wife, her name is not there in her birth certificate. Does she need secondary documents for it?

[YTeleven]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

If not this FY next FY for sure your EB2 date will get current. If you have confidence on your H1B position you can wait for the next opportunity.

[raradhya]

You can obtain the Affidavit from the parents if Birth certificate is not available. addionally you can also obtain a non availability certificate. there is a standard format for both of them. as your attorney. even thou we have birth certificate some times the DD/MM is confusing and some times the Parents names are not fully expanded and do not match exactly like in our passport so an Affidavit is needed.

it only costs like Rs.200 in total and upto 1 day to get it, all you need is a scanned copy for now to submit along with I-485

[raradhya]

Hi Experts ,

My PD is Dec 2 ,2011 in EB2 and am in dilemma whether downgrading to EB3 is worth it considering the fact that there is no premium processing for 140 under this scenario ( and also my company is hesitant in doing downgrade)

Questions :
a) My H1B is upto May 2023 . Hence , Is it worthwhile to wait under EB2 for say upto a year ? Do you see EB2 Filing date reach to Dec 2011 in next fiscal year ?
b) Will EB2 filing date retrogress in coming days and this is likely the only opportunity that i should try/avail by downgrading no matter what?

Check this out there is premium processing available. https://www.murthy.com/2020/09/30/ne...ssing-service/