EB2-3 Predictions (Rather Calculations)

[mr00us]

Folks, does someone know what multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover and this will be a major factor in what I am trying to model.

Second attempt :-)

[vsivarama]

Folks, does someone know what multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover and this will be a major factor in what I am trying to model.

Second attempt :-)

There is nothing specific for ROW that I am aware off. USCIS normal calculates EB2 as 2 and EB3 as 2.1. I think, it will be safe to assume 2 for EB1 as well. The below link may be helpful when creating your model.

https://www.happyschools.com/eb3-to-...ward-movement/

[newyorker123]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

[incredible]

First meet the 180 day deadline for AC21. I think your underlying I-140 is already approved. So that should not have a problem after 180 days. If not wait for I-140 to be approved. Don't hesitate. Take-up the full time offer, but plan ahead and hire a good attorney. Like Q mentioned, AC21 is seldom denied. The attorneys can wordsmith and add functional roles to get AC21 / I-485J approved.

Q1 & Q2. No. Please browse through USCIS PM Chapter 5.It explains you the factors that USCIS considers in approving AC21. If the company is onboard, the attorneys can justify "Director" by providing a "Functional Title". As GC is for future job they can even provide a I485J for "Non-Director" position and let you work in the current role till you get a GC. You may have to technically work in that position after getting GC, but there is no way of enforcing that. The only thing USCIS looks at while applying for N400 is where you worked after getting GC and whether you worked there for a "reasonable" time. Maybe you can take on some additional duties after GC to perform the functions in GC/PERM/I485J. *wink*

Q3. Looks like you already have everything. Remember the USCIS adjudicator that is going to review your I485J does not know anything technical about your job. Its like a street peddler trying to sell a micro-architecture. So, as long as the justification sounds reasonable, he is going to approve it. If it were me, I would come-up with AC21 / I-485J job description by wordsmithing to match closely with PERM and give it to your attorney / HR as a start. A good attorney helps a lot.

Q4. I485J serves two purposes. First time, it stands for bonafide job offer. The second time it is for portability. USCIS can ask for any of these if they wish. Recently I saw some RFEs that asked for confirmation that the applicant plans to work in that job. GC is given based on a contract between you and the company. You promise to work in that position after GC. The company promises to offer you that position after GC. That is the whole purpose of I485J process.

Spend some good money and hire a good attorney. Or use the attorneys from initial PERM/I-140, pay them and ask for justification. Nothing works like money. But you are the best judge of the job justification as it was your job.

Good Luck.

Very well said. This is why I like this forum than anything. Just my two cents .. dont worry about GC (as long as you have followed law like waiting for 180 days, etc.). Career progresses for all a d 14 years is a long time. With a good attorney and nicely written cover letter along with 485J submission (when you join the new employer), you should be good. Even in case, it comes to N400, you should take your attorney with you or get guidance and explain the scenario. The adjudicators at USCIS may be naive, but not stupid. I do believe that they understand a nicely written explanation and changes in one's career over a period of 14 years.

[srisri]

Finally current after 9 years, and hoping to see GC after 20 years. Do we have any thread that helps people pursuing congressional inquiry or other avenues to speed up the process? If we do can one of you share the link?

[srisri]

There is nothing specific for ROW that I am aware off. USCIS normal calculates EB2 as 2 and EB3 as 2.1. I think, it will be safe to assume 2 for EB1 as well. The below link may be helpful when creating your model.

https://www.happyschools.com/eb3-to-...ward-movement/

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

[bluelabel]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

[AceMan]

That should not they be approving all EB2 applied in 2012 with a PD date prior to Apr 2010. They are exempt from interviews and stuff and have applied for EAD multiple times and their biometrics done too.
Only part is their medicals may be required and that may have been done a couple of time too by now.

I am not sure why you are concerned about a silly interview mandate introduced by the previous slob? Every body should be exempted from the mandatory interviews. Even USCIS is not caring about it.

Even medicals should be deemed as redundant. Corona raging across the country with variants 2,3,4 and people are still worried about TB false positives from the 19th century.

[incredible]

I need to submit supplement J and our lawyer filled SOC code as 15-1031. I see that it's no longer used but he says it's okay to use what's in the labor certification. Any suggestions on this?

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thanks for the reply.

[maverick2010]

General Noob question:
Does I485 processing time (and GC issuance time) depend only on I485 receipt date ? [Assuming FAD is current]
Or,
- does it depend on priority date ?
- does it depend on EB1 vs EB2 vs EB3 ?

I also have the same question but would like to extend it to filing dates as well. Reason being, since the filing dates concept got introduced in 2015 dates haven't progressed this quickly .

[mr00us]

I would say take 2.4 with EB1 as most of the people in EB1 are having kids born outside of US.

Thank you.

[ak7419]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

[mr00us]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
Capture.JPG

[Moveon]

Hi Folks - I am trying to file my 485J proactively. Does anyone know the address for NSC where I should be mailing it to? My AOS is with NSC. Thanks!

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

[srimurthy]

I believe that sending documents w/o being asked for it will only cause more delays for your case. The USCIS is stretched thin and if everyone starts to send Supplement-Js and Medicals w/o being asked for it will only annoy them and might start to put you to the back of the queue. If you believe your case is delayed , raise an SR .

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

[fishelusa]

Hi,

Very good analysis. But I heard even though dates are moving initial step is biometrics and back ground checks has to complete. One more thing is depending on ASC the processing delays. Not sure can we see any progress.

[Moveon]

I guess people here shared earlier that provide what is requested for if an RFE comes. Rest wait and watch is the best policy other than raising SRs and reaching our representatives.

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representative...representative

[vsivarama]

I am off work today and threw in some numbers based on all the knowledge collected in this forum. This is what I am presuming/predicting for this FY. Image attached.
Capture.JPG

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

[ak7419]

Yes Sri, I have been saying that too for a while but the Question keeps coming up .
If you plan to reach out to your members of congress , you can reach out to them using these links , BUT FIRST Start with an SR first so that they know you have done your bit before reaching out to them . Once the SR is responded to and no action is taken after a week , reach out to them with the details for your case and the SR .

https://www.senate.gov/senators/senators-contact.htm
https://www.house.gov/representative...representative

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

[mr00us]

@mr00us, you forgot to factor in x2 multiplier for your result. Those are i-140 numbers, so the actual AOS numbers are going to be significantly higher than them.

Hi--
I do have it there. Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

[Moveon]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Again this is has been discussed multiple times. You Donot have to send Supplement J when you change jobs . There is no such rule, so don't burden the USCIS with it . Most of us have changed jobs without filing it . Some of my friends even got their GCs recently .
The more unwanted paper work you send, the more it could delay your application as they will not process it till your date is current. Once it is current there is more paper work for them to review for your case.

[bluelabel]

Hi, I was in a similar situation last year and I discussed with my attorney and eventually filed with code 15-1133

15-1133 is also no longer in use. Not sure if we can still use the old ones. Has anyone got approved with old SOC code(as in PERM)?

[vsivarama]

Hi--
I do have it there. Look for 'MultFact' word in there. 2.4 as folks suggested here for ROW across all domains and 1.2 for EB2 India. However, I did not use factor for EB3 India because almost all the kids there are US born for the most part. Maybe I should use 1.2 for EB3 as well.

Example: EB2 ROW became 38400 (16000x2.4)

Thanks for checking.

Multiplication factor for EB2 and EB3 should be around 2 - 2.4. Most of the kids are born in US. In most of the cases however, with a primary applicant there is almost always a dependent (the spouse). So a factor of 1 or 1.2 is too generous IMO.

[AceMan]

Point noted but how are folks who recently changed jobs filing 485J? Aren't they supposed to file it and wait instead?

Some times doing nothing is the right thing :-)