EB2-3 Predictions (Rather Calculations)

[bookworm]

That's a first good news in almost 3 months (after late september early October euphoria). Let's hope we are in for FAD movements.

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

[Kesid23]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/ne...d-on-thursday/

[Turbulent_Dragonfly]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/ne...d-on-thursday/

FYI, the wage increases are scheduled to kick in on July 1. Enough time to overturn it or file for a renewal if your H1 is expiring in the next 6 months.

[Turbulent_Dragonfly]

My guess (could be a wild one) is that with Bidens announcement of immigration reform in first 100 days USCIS is expecting increased work load in Q4. As a result they may move away from the conservative Q4 spillover model. The only anecdotal evidence I have is the increase in RFEs in the low hanging cases. On Trackitt i have noticed a spurt of RFEs for folks who have one or two items missing in their file. It appears that there could be a push to increase the files reviewed count and if that is the case then FAD should move quickly.

It could also be that they have finally caught up with the tsunami of applications from Oct.

[bookworm]

I agree that, if the company is supporting an applicant go with the company attorney team. The RFEs one gets after a long standing I-485 are 1) G-325A form, 2) I-693 (medicals), 3) I-485 Supp J (if there is AC21) [includes a AC21 justification] and 4) EVL.

The I-485 Supp J will mostly done by a company attorney. This will also include a justification for same or similar category job.

Great Thoughts overall.

I will only add a different perspective On 485J. Using company lawyers has its pros and cons;

Pros;

1. Lawyers have seen many cases so they can decide what will and will not work.
2. Saves one the headache of poring over 485 JD Vs current JD
3. With the changes in SOC code it is always a challenge to pick the right SOC for minimal risk of rejection.

Cons:
1. If one had transitions in their career the individual is best equipped to connect the dots between the prior JD and Current JD
2. Depending on the relationship with HR and Manager one can emphasize duties that are similar in the 485 JD to the new JD
3. One has the latitude to pick a SOC code that is in the right zip code rather than be at the mercy of lawyers
4. Lawyers will generally take the conservative approach when the need may be for pragmatism.

In summary If you have a situation that needs explaining for 485J you may be better served by doing some homework on your own or by engaging your own lawyer. Company lawyers are paid by the company so they will do everything for their client first, next for you and last for USCIS.

[bookworm]

In other news , Rule That Hikes Prevailing Wages is to Be Republished on Thursday!!

https://www.murthy.com/2021/01/12/ne...d-on-thursday/

This is all gamesmanship. Anti-imm in administration are setting up playbook to block Bidens agenda via SC. Most likely will fail as these are administrative matters so courts will give more latitude to Biden & Co. Will add to the stress levels but wont matter in long term.

[Moveon]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

[vedu]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview.

[mesan123]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

[mesan123]

Looks like the dates may move to December 2009 for EB2I in the next visa bulletin. Don't want to jinx anything, but December people have started receiving RFEs. I don't think you will get called for an interview.

you might be correct. People with EB2 Feb2010 also getting reciepts. Might be it will move to early 2010.

[moonlight]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

[rabp77]

Apologies if this scenario has already been discussed.
My current employer has filed I-485 on 10/08/2020 in EB2. I am with them for more than 10 years. My client company was about to file H1B transfer to hire me on full time before my filing date became current. So I slowed down the transfer process. If I delay a lot then I will lose my position. I need help for below queries to make a decision.

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

[rabp77]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update...rd-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

[Moveon]

you will likely not have an interview as the i-485 was filed before March 2017 (please check https://lokewalsh.com/2017/10/update...rd-interviews/)

If you got an RFE for medicals, its likely very close to approval. Good luck.

Thanks for the clarification . Yes we both got RFE for the medicals and I got the Supplement J too . Seems straight forward . Hoping dates will move rapidly in the coming months given that the administration is changing in about a week .

[Moveon]

your lawyer is 100% correct. Is possible, this will not be an issue. But under some cases, your i-485 can get invalid if you were not in the same company for 180 days after filing. If you dont get an RFE it may not matter, but in case there is an RFE, its better to stick to the company for 180 days.

I agree , its not worth the risk . If they invalidate the 485 its back to square one . 180 days will fly past . Best of luck

[idliman]

I wanted to know the criteria for Interviews . We got our Ead/AP in 2012 (EB2-I) for PD Dec 2009 and just got the RFE . Once we respond to the RFE and the dates become current , will we get called for an interview? . I have heard that those who filed for AOS before 2016 are exempt from interviews most of the times .
Does anyone know the criteria for interviews and the exemption ?

thanks .

There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).

Who will be interviewed?

If your employment-based adjustment application was filed on or after March 6, 2017, USCIS will interview you and any family members applying for adjustment with you.

If your application was filed before March 6, 2017, you could be called for an interview if there is an issue that may affect your eligibility to adjust status, such as an arrest or conviction. This is consistent with USCIS?s previous interview policy for employment-based adjustment applicants.

[aGCHopefull]

One quick question. Does everyone get I-485J reciept no also? . I am a straight EB2 filler, didnot get one. I did file i-485J along with my application.

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.

[Moveon]

There is no interview for your case unless you somehow show up in USCIS radar (e.g., DUI case, shoplifting, other felony, etc.,). I think you should do the medicals and respond within the time-frame given in the RFE. There is no need to maximize medical validity as you most likely will be current within a few months (hopefully next VB).

Thanks a lot . Yes , I just completed our medicals and the lawyers are handling the paperwork.
Now to wait and watch for the Visa Bulletin. Any statistic on how long it is taking for the GC to get approved after the dates get current for the 2012 filers ?

[19YRSNOGC]

Same situation. I have not received the receipt for I-485J yet. But I know some of my friends had received after 2-3 weeks of I-485 receipt.

I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

[idliman]

1. Can I initiate H1B transfer petition through client at this moment and join them upon H1B approval before 180 days of RD? They always do premium processing for transfer petition. I can do I-485J supplement and AC21 after reaching 180 days.

2. Can I initiate H1B transfer to secure the position and join client company after 180 days either on H1B or with AC21? Any risk of meddling of my pending I-485 by new H1B transfer petition?

I asked the attorney who filed my I-485 and the response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Strangely he also copied staffs of my current company. The response created more confusion rather than helping me in decision making.

Everyone who had filed for I-485 should know about the AC21 protections. There are some misconceptions so I am providing the following clarification (see in quotes below). There are cases where you can leave after the 120+ day mark and then wait to reply to any RFE's after crossing the 180 day mark. However, you are taking additional risk and the fire may burn you down.

Everyone who had filed for I-485 should stay put for 180 days so that you can avail the AC21 law protections. The I-485 EAD/AP can not be cancelled by executive action (it is a law). Also "I-485 Pending" is a status and a very good one even if you have lapses in H1-B. That's why the I-485 based EAD/AP is the Trishanku Swarga.

The American Competitiveness in the 21st Century Act (AC21) permits new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;

1. Form I-140 has been approved, or is approvable when filed concurrently with I-485;
2. Form I-485 has been pending for at least 180 days.

• The new job does not have to be in the same geographic location
• The new job does not have to pay the same or a higher salary
• A new labor certification is not required.

The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of I-485 application, as indicated in a I-797 receipt notice.

Using AC21 if leaving your employer before the 180 days:
Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:

• I-140 petition is withdrawn by prior employer before applicant's Form I-485 is pending for less than 180 days with USCIS; or
• Original employer's I-140 petition is denied by the USCIS at any time; or
• Your approved I-140 is revoked at any time,
• Employee fails to prove that a bona fide employment relationship existed at the time of filing.

Hope this helps. Good luck!

[idliman]

For completeness of information:

About the "Same or Similar" position Requirement:

To be eligible for AC21, applicant's new employment must be the "same or similar" occupational classification to the one requested in initial Form I-140. There is no clear definition of what constitute "same or similar," but a USCIS adjudicator will consider the following factors:

• Job Description: job duties of the new employment will be compared with the job descriptions contained on Form I-140 or labor certification;
• SOC code : the SOC code is an occupational code associated with specific job description indicates weather the new employment is the same or similar occupational classification;
• Wage information: new salary should not be significantly different from the previous one, however it doesn't have to be exactly the same or necessarily higher.

[srisri]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC

[delorean_doc]

Folks, reading through the posts, the dates for biometrics, and EAD approval are all over the place (literally) depending on the service center. Can anyone weigh in on the expected timelines at the Texas Service Center? I believe continents drift faster than their processing times

[mesan123]

I got i 485 j receipt after 2 months ,Application received on October 14th and J receipt received on Jan 1st week

Thank you both. It is been 2 months for me.. hopefully will get mine soon.. when i contacted customer service the rep told normally you dont get that reciept number... so i dont know if it is standard to get it or only few get it

[ak7419]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC

There are fair number of NSC people who are from July and September (including me!) who have not seen any movement in their cases. Last RFE I received was way back in 2015. There is a hypothesis that, within entire population that is current, USCIS is processing cases by received date and not by priority date. Also, they might be issuing RFEs to only those folks who had submitted their 485J as recently as last year.