EB2-3 Predictions (Rather Calculations)

[incredible]

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.

That is interesting analysis. I did submit 485 J in 2020 since I moved companies (after responding to an earlier 485 J RFE in 2018). If I remember correctly my application was in NBC. I would not expect an RFE for 485J, but for medicals may be. We will see in the next few months. Ironically the 2018 485 J was indeed approved (and did receive approval), where as the 2020 485 J is still in process.

[usvisas]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around

[19YRSNOGC]

Finally Received my EAD Card.

[usvisas]

Finally Received my EAD Card.

Congrats! Was your 485 applied at Texas lockbox and your case number starts with MSC?

[19YRSNOGC]

yes,was sent to Texas lockbox

[gc_dedo]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?

[Zenzone]

Sorry for the delay. My RD is 10/22 - EB2. My biometrics was done on 1/8 and the status changed online on 1/9 to reflect it.

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC.

[moonlight]

Thanks rabp77, Moveon and idliman for the direction and explanation for AC21. I will not risk anything at this moment.

[mesan123]

Just now I see the I-765 status changing to - New Card Is Being Produced.

My I-131 status is still showing as Case Received.

Processing @ NBC.

congrats.. did you get 485J reciept?

[mesan123]

where did you apply your 485? Nebraska/Texas/Phoenix? Is it true that this quick EAD is only from Nebraska? Hearing that around

i think it is not true. I applied to texas lockbox, straight EB2. My reciept no is MSC series... i did see many EB straight folks getting EAD in MSC too

[inspired_p]

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.



Hope this helps. Good luck!

Thank you for the detailed summary !

[Zenzone]

congrats.. did you get 485J reciept?

Nope. Just the I-485 receipt as I filed both concurrently.

[bookworm]

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.

https://www.politico.com/news/2021/0...zenship-458455

Interesting proposals.

[idliman]

https://www.politico.com/news/2021/0...zenship-458455

Interesting proposals.

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

Harris said their bill would grant green cards immediately to immigrants protected by the Temporary Protected Status and De ferred Action for Childhood Arrivals policies. She added that the administration would also try to decrease the amount of time required to acquire U.S. citizenship to eight years from 13 years by making the naturalization process more efficient.

[bookworm]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

I hear you and have the same skepticism. I only wanted to point out that the circus is back in town so those of us who are in the queue should push & make all efforts to get through in the next 100 days. USCIS will act as per their political masters priorities and we will end up suffering due to wasted numbers.

[Turbulent_Dragonfly]

See the quote below. Legal immigrants like myself and the thousands that visit Q's immigration blog came about 20 years back, went to good schools, got masters or PhD and still wait for GCs. All the while we have been tax abiding aliens. Here's Kamala "Maamy" Harris coming up with a proposal to give GCs to anyone and everyone in a Latino channel. Sure it sounds good. It will not be going anywhere. Get on with your lives folks.

There was a post in trackitt a couple of days ago when a user innocently asked if there is going to be any issue with his current photo because his hair is now almost gray from photos submitted before. He needs to ask that to the State Department twitter account.

[idliman]

Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?

I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

[mesan123]

Nope. Just the I-485 receipt as I filed both concurrently.

What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

[raradhya]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

[idliman]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.

I-944 (Declaration of Self-Sufficiency), I-693 (Report of Medical Examination), G-325A (Biographic Information) and G-1145 (E-Notification) are supplemental forms and do not get stand-alone receipt numbers. So, the three receipt numbers that you had received so far are the only ones that you will receive.

Hope this helps.

Murthy had an article about I-485 Supp J a few years back. You can read it for more info.

[gc_dedo]

I-485 is for a future job. So it is OK that you went with employer A.

AC21 is very simple. You need to wait 180 days from the “Received Date” on the I-485 receipt notice. Once you cross the 180 days, you become a “free agent” (free from PERM & I-140) with the “same or similar job” caveat.

You can join employer A with EAD/AP. If there are any issues with Employer A (fraud, ability to pay, etc.,), you will get a RFE and together you and Company A can address them.

As far as employer B is considered, I would still get the PERM and I-140 done, so that you have both EB2I and EB3I routes. I suspect that EB3I is going to be ahead of EB2I for the foreseeable future (EB1 to EB2 spillover caveat... I am waiting to see it for the last 5 years…).

The key is 180 days from I-485 received date. Everything revolves around that. After that you get into “Trishanku Swarga” status. Without the 180 day protection everything will vanish.

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

[aGCHopefull]

If supplement J is filed concurrently with the I-485, the USCIS will simply issue a receipt notice for the I-485. No separate receipt will be issued for the supplement J. On the other hand, if supplement J is submitted for AC21 purposes regarding a change in employment, the USCIS will issue a receipt notice to confirm receipt of the supplement.

You are definitely more knowledgeable on this but few friends of mine (who had applied I-485, I-131, I765, I-485j in Oct 2020) have received a separate receipt for I-485J as well. While few of us have not received it yet.

[Zenzone]

What do you mean by concurrently? Are you downgrade applicant(filled I-140 & I-485 together)?

I am straight EB2 filer, i filled both 485 & 485J together. But people similar to me recieved 2 reciepts that is why was checking if we will need to get that reciept.

Thank you for your reply

As you can see from my previous posts, I'm a straight EB2 (Jan-2011 PD). My lawyer told me that when you file concurrently (485 + Supp J) you may not receive any separate receipt for Form J and that's normal.

[Zenzone]

@ mesan123, mine is EB2-I and i filed i-485, i-485-j, i-765, I-131, Medical and I-944
but so far i only received 3 receipt notices. still waiting for 1-485-j, I-944 and Medical. this has been the case with all my friends and peers.
hope this helps.

This is all you will get as such as rest of the forms usually don't get any separate receipt notices as mentioned by Idliman above too. I'm confirming this based on what my lawyers have told me when I checked with them for my case.

[AceMan]

Thank you very much Idliman. Really appreciate it.
Regarding my question#4, any idea how can I downgrade to EB3, once I have switched to EAD?

Once you cut the cord, you got to breath on your own.