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Thread: EB2-3 Predictions (Rather Calculations)

  1. #276
    Quote Originally Posted by greenjpr View Post
    Hi Gurus,
    My PD is June 2010 and I am with sane employer for 12 yrs.

    My company attorney filed my i485, EAD, AP by Oct 1st itself after I pressured them do mine first.

    However they did not file i944 and I also missed it. When I asked after reviewing this forum, they told that until 10/12 i944 is not mandatory and attorney will file when we get RFE.

    Will this cause any delay? Attorney also told me not to submit credit report, medical services now. I am worried about i944 and any possible delays due to that.
    Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

    After Oct 13, if you send without I-944, they will reject the whole packet.

    https://www.fragomen.com/insights/al...rge-regulation

  2. #277
    Quote Originally Posted by Turbulent_Dragonfly View Post
    Don't lose sleep. They will issue an RFE for the I-944 and won't reject it. So go ahead and prepare the I-944 and keep it ready. You may want to hold off on getting the credit report/score until you receive the RFE since they will only take 10-15 min to obtain.

    After Oct 13, if you send without I-944, they will reject the whole packet.

    https://www.fragomen.com/insights/al...rge-regulation
    Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

  3. #278
    Quote Originally Posted by vsivarama View Post
    Guys, I had a question about the timelines. I see on USCIS website that time to process i140 is 5-7 months and for i485 is 8-23 months for employment based. It leads me to wonder that for EB3 specifically, most of the numbers could end up wasted by end of the year. Even if the admin wanted to use all the available numbers, I don't get it how the wastage could be avoided based on the processing times. Am I missing something here? Any experts can explain this?
    8-23 months is a huge window and it depends on certain high risk country applications taking longer especially. As long as the interviews happen things shud keep moving as biometrics usually happen 2-3 months within filing as such. Also, remember if there is an admin. Change they could even make interviews optional or waive them for EB applications. Remember EB interviews were made as a requirement without any rulemaking so its easy to rescind them if the next admin. Wants to do it.

  4. #279
    Pandit
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    Quote Originally Posted by Jonty Rhodes View Post
    I have a complicated question.

    My PD is EB2 May 20, 2011. I missed out by 5 days in EB2 filing dates.

    Now, I have 2 choices.

    1. Keep the downgrade application ready which I already have and is with the attorney. Wait for November visa bulletin and see if the EB2 filing dates advance beyond May 20, 2011 which is my PD and if USCIS honors those dates. If it happens, then only file EB2 I-485 starting November 1 and cancel the plan for downgrading from EB2-EB3.

    or

    2. Go ahead and file EB2-EB3 downgrade application before October 31 regardless of what happens in November visa bulletin. If filing dates for EB2 advance beyond May 20, 2011 which is my priority date and if USCIS honors those dates, then go ahead and file I-485 in EB2 also starting November 1. In this situation, I will have an EB2 I-485 filed along with simultaneous processing of EB2-EB3 downgrade application as well.

    I am leaning more towards option 2, because

    If EB3 final action dates advance over next 1 year and if by that time my EB3 I-140 is approved on downgrade application, then I can actually get a green card.

    If I don't downgrade right now and only file EB2 I-485 instead (per option 1) and if EB2 final action dates don't advance much but if EB3 final action dates advance and my PD becomes current over next year, I can downgrade at that time filing concurrently, however the worry is that EB3 I-140 may take few months for approval and by that time, if EB3 final action dates retrogress then I will not be able to get green card.

    The other thing I was thinking was that if I follow Option 2, then I am even more safe in case my EB2-EB3 downgrade application is rejected. If that happens, I would not get EAD/AP on downgrade but since have already filed I-485 under EB2 as well so I can get EAD and AP with EB2 I-485 application.

    I understand that only one I-485 application will actually get approved but I was thinking that instead of requesting USCIS to interfile I-485 which can take months, why not file I-485 in both EB2 and EB2-EB3 downgrade if allowed by PD being current in filing dates and in that way, whichever category is current for my PD, USCIS can approve my I-485 and discard the other I-485.

    In a nutshell, I am thinking of downgrading EB2-EB3 application this month before October 31 and also filing EB2 I-485 whenever my EB2 filing date gets current (November or December visa bulletin). The only reason I am thinking of doing that is because I want to take advantage of whichever category the final action dates get current for my PD.

    If EB3 final action dates advance beyond May 20, 2011 by end of next FY and if my EB3 I-140 is approved by that time, then I get a green card in EB3.

    If EB2 final action dates advance beyond May 20, 2011 by end of next FY then I can get a green card in EB2.

    The only additional expense I see is lawyer fees and filing fees to file another I-485 in EB2 apart from the money I am gonna spend on downgrading.

    Does that make sense?

    Need the expert opinion here.
    The chance for EB-2 filing date move any further in November is very slim. They moved the date to May 15,2011 calculating the I-140#. Until they have the I-485 count till May 15,2011, they may not move the FD.

    Your PD has very good chance of becoming current in EB-3 in FY 2021(Unless too may people jump lines from EB-2 to EB-3 before your PD). If I were you, I will just file it in EB-3 (If you want to wait for Nov bulletin, that is fine) and be done with it.

    Honestly I will avoid filing two I-485s.

  5. #280
    Quote Originally Posted by bones20 View Post
    which company?
    Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

  6. #281
    Can gurus advie derivative minor children need to file I 944?

  7. #282
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    Folks,

    Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

  8. #283

    Applying for 2 GCs with 2 Employers, need advice

    Folks,

    I had EB3 with my first employer many years back and have EB2 with my current employer. PD July 2010. I am already applying with current employer in EB2. The first employer can also apply for GC in EB3. He is willing, as long as I am paying. What should I do in this case? The lawyer had told me that for old employer, it would an issue to prove the sustainability of job offer since I had left him six years ago. But with new employer the issue is I will be applying for I-140 concurrently, so there is pressure of whether I-140 gets approved without any issues or not.

    I am wondering whether applying with 2 employers will cause any confusion at USCIS. Also in case of old employer, I would need to find a project to work with him.

    Can you please give your advice?

    Thanks

  9. #284
    Quote Originally Posted by horizon1012 View Post
    Folks,

    Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.
    How do you know about this?

  10. #285
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    I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trum...us-checks.html. I hope they don't include FB clause in this standalone version.

  11. #286
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    My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

  12. #287
    Sensei
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    Quote Originally Posted by dus_saal_baad View Post
    My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.
    sometimes the case status updates have not been reliable. Had a case that was approved, but status page was showing receipt. so please dont worry about it.

  13. #288
    Quote Originally Posted by horizon1012 View Post
    I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trum...us-checks.html. I hope they don't include FB clause in this standalone version.
    You are talking about a possibility of a retroactive immigration law? No chance. Whatever is done (if any to begin with) will be only for next fiscal and not for the SO that has already come in on Oct 1st this year. Like Q said we can go to the bank with this fiscal's SO as its already credited lawfully at the time it was given.

  14. #289
    Quote Originally Posted by mesan123 View Post
    No doubt imdeng ... miss the oldfolks like Kanmani, nishanth, soggadu and many more... this forum has been helpful and specially few great folks who made good impact on our lifes..specially Q, Spec and many more
    There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.

  15. #290
    You indeed are imdeng!

    Some people say receiving GC does not feel any different. My own experience was different. I smelled (?smelt?) freedom when I received a GC. It was so suffocating for me to have to renew this visa that license and so on. Every damn step of the way they have made immigrant life miserable. That's why I hate those anti-immigrants so much. They themselves have been immigrant ones but now they don't want new ones.

    I personally am fortunate to have made friends here on this forum and it made my own life easier.

    Take a deep breath. If you go to Lansing, go to the Indian temple on my behalf. With you receiving a GC my own memories have become fresh! Have fun and put the laptop down for this weekend!!

    Quote Originally Posted by imdeng View Post
    Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

    It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

    Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...
    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. #291
    Quote Originally Posted by android09 View Post
    There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.
    Many many people have contributed android. Some more some less. But generally my philosophy is to let people be the judge and custodian of their own kindness That's how the forum has seen many great and kind contributors and continues to do so.
    Last edited by qesehmk; 10-09-2020 at 10:25 AM.
    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


  17. #292
    Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

    From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
    In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

    https://www.uscis.gov/sites/default/...ry_FY09_19.pdf

    Question
    Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
    or
    Should we file I-485 in EB2 and wait

  18. #293
    Guru Spectator's Avatar
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    Quote Originally Posted by qesehmk View Post
    Spec - you never told us about your own approval. Don't mean to intrude your privacy. But quite a belated congratulations are in the offing for you! Congrats. People often think you and I are the same people and I just want to say there is one and only Spectator! And it's not me.
    Q,

    I've never felt it important to mention, since I assumed most people took it for granted.

    Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

    Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

    I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

    Is it really that long!

    Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

    It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.
    Without an irritant, there can be no pearl.

  19. #294
    Quote Originally Posted by toomuchguy2 View Post
    Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

    From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
    In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

    https://www.uscis.gov/sites/default/...ry_FY09_19.pdf

    Question
    Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
    or
    Should we file I-485 in EB2 and wait
    IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

    It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

    To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.
    Last edited by rocketfast; 10-09-2020 at 10:55 AM.

  20. #295
    Quote Originally Posted by Spectator View Post
    imdeng,

    I'm so pleased to hear this news!!

    As Q said, let yourself revel in the moment, at least for a little bit.

    Although some time a ago now, I still remember the feeling of hearing about the approval.

    Thanks for all your contributions to the forum. I hope they continue.
    Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

    I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

    I am fully intend to continue here. It feels like home here.
    EB2I NSC | PD: 08/07/2009 | Forum Glossary

  21. #296
    Quote Originally Posted by android09 View Post
    Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?
    I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

  22. #297
    Quote Originally Posted by Turbulent_Dragonfly View Post
    I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.
    What they told me is that they've got to do 30 plus I-485 for staff and their families before end of October, me included. So they will file for I-485 base application (I-485, EAD, AP, 944 and I-693) for all of us and when the RFE comes back, they will send in the 485 J. They mentioned this is how they've been doing it always. PS. They are a large employer in the area and not into consulting etc.

  23. #298
    Quote Originally Posted by rocketfast View Post
    IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

    It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

    To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.
    Thanks for your feedback rocketfast

    Other guru's please (Spec, Q etc) what's your take on this?

  24. #299
    Quote Originally Posted by imdeng View Post
    Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

    I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

    I am fully intend to continue here. It feels like home here.
    Spec is Doctor Who. (s)he was undergoing a "regeneration cycle" then. Now, (s)he's back with a new Avatar.

    Yeah...Spec's been around forever...as long as Q's forum (the first two posts are made by in fact him and you; imdeng), unchanging, unyielding, always analytical, always to the point, always helpful.

    I still lurk. I hope you will too, imdeng!

  25. #300
    Quote Originally Posted by imdeng View Post
    Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

    It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

    Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...
    That's quite a journey imdeng! But I will tell you this; "what doesn't kill you makes you stronger".

    Seriously, EB-I immigrants should write memorandums/biographies of this journey and bury them in a time capsule. Future historians will find this stuff almost unbelievable.

    Make it one beer and one shot of single malt for you today imdeng! Congrats again; your GC made me relive the memory of me receiving it. I am feeling your happiness!

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