EB2-3 Predictions (Rather Calculations)

[maverick2010]

Thank you Q & Transformer for insights!

[maverick2010]

I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.

[ak7419]

I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.

You've attained your moksha/salvation!

[Djidondon]

Noob Question, As filling date movement in chart B is based on visa availability and not processing speed, by that the filling dates chart B will move forward whether or not USCIS process any AOS petitions filled for FY2021 before sep 2021.

Meaning, DOS will SO the visa numbers to EB and the filling dates for EB2i and EB3i will move forward like fy2021 for the coming fiscal year 2022 and it does not depend on
1)how many green cards are issued during fiscal year 2021 or
2) how AOS petitions are being processed or
3) how many visa numbers are wasted correct?

[moonlight]

I would recommend you not to change job at this time unless it is a great offer. DOS prepared to move final action dates aggressively in the coming months. Your date will be current in 3-4 months for sure. Get GC and move to the new company without any tension. Don't get into trouble when dates are anticipated to move faster.

There are two important points to consider on job change.

1. AC21 with H1B transfer or EAD Case: Job transfer won't impact the GC processing. I-485J Supplement should be enough for this. A person needs to wait for a reasonable time for a job change after getting GC. So it is better to change before getting the card so that clause is not applicable.

2. After GC : FAD is moving fast and the overall scenario looks positive for 485 filers. But there is no certainty when the actual card will be in hand. In addition to that, the person has to stay with their current employer for a reasonable time( as per the lawyer 6 months). So in most cases, the wait will be for over a year.

This is my understanding. Other Gurus can share experience and knowledge.

[jimmys]

I have completed Biometrics by first week of March, and waiting for EAD/AP (Online status is still showing as "Fingerprint Fees Was Received", but as per Emma agent our fingerprint has been applied to I-485 and I-765 applications).

What are my option to consider new jobs after completing 180 days under AC-21, my PD is 04/2011 EB2:
a) Join new employer after receiving EAD/AP
b) Join new employer through H1 transfer, given EAD/AP is still pending
- What is the norm with requesting for I-485J, can it be done before joining or once the PD becomes current. Also, is it generally known to be a hassle to obtain this from the HR?

Is there any USCIS policy restriction to change employers for a period of time after receiving GC?

My 2 cents.

I-485J has only to be filed when USCIS requests for it. You don't need to do it proactively. It's clearly laid out in I-485J instructions. Don't sweat on it. Obtaining I-485J is not a hassle if the company HR and Immigration lawyer know what it means to hire people on visa/EAD.

If you want to join them on EAD, you need to wait until your EAD is approved. Else, you can join on H-1B if that suits you.

And, some people responded saying there's supposedly an aggressive movement coming as per Charlie Oppenheimer. I've lived in this country enough not to trust anything comes out of Chalie's mouth. Ever. They have ZERO clue about future movements and/or spillovers. Move on if you like the job and I-485J support is rendered in case of an RFE.

Good luck!

[rabp77]

My 2 cents.

I-485J has only to be filed when USCIS requests for it. You don't need to do it proactively. It's clearly laid out in I-485J instructions. Don't sweat on it. Obtaining I-485J is not a hassle if the company HR and Immigration lawyer know what it means to hire people on visa/EAD.

If you want to join them on EAD, you need to wait until your EAD is approved. Else, you can join on H-1B if that suits you.

And, some people responded saying there's supposedly an aggressive movement coming as per Charlie Oppenheimer. I've lived in this country enough not to trust anything comes out of Chalie's mouth. Ever. They have ZERO clue about future movements and/or spillovers. Move on if you like the job and I-485J support is rendered in case of an RFE.

Good luck!

i would agree with Jimmys. 485 j is required only if they ask for it using an RFE, or the current position when filing i-485 is different from the one you were at when i-140 was filed. Some people have filed it proactively in some situations where they want USCIS to process their file and generate a medical RFE when their dates are current and USCIS has not yet asked for a medicals. Other than those scenarios, i dont believe there are benefits to file the 485j proactively.

[inspired_p]

There are two important points to consider on job change.

1. AC21 with H1B transfer or EAD Case: Job transfer won't impact the GC processing. I-485J Supplement should be enough for this. A person needs to wait for a reasonable time for a job change after getting GC. So it is better to change before getting the card so that clause is not applicable.

2. After GC : FAD is moving fast and the overall scenario looks positive for 485 filers. But there is no certainty when the actual card will be in hand. In addition to that, the person has to stay with their current employer for a reasonable time( as per the lawyer 6 months). So in most cases, the wait will be for over a year.

This is my understanding. Other Gurus can share experience and knowledge.

I do not think there any ? reasonable amount? needed after one gets the GC. Experts can definitely chime in on this.

[rabp77]

I have started to believe that FAD getting current and getting greened are two different things with current USCIS processing speed.

based on the data from those who got current in last november and december, the green cards were being received mostly within 1 week to 1 month of the dates being current. However most of those people had applied 1-2 years ago, so their cases had been pre-adjudicated. The current wave has many cases that are still not pre-adjudicated, so some processing time is expected. I dont belive a 6-12 month time frame to adjudicate is out of line with trends seen in the past. So those who are current should start getting good news soon.

[maverick2010]

You've attained your moksha/salvation!

Once you get greened I may start believing otherwise - Please forward the good news soon!

[ak7419]

based on the data from those who got current in last november and december, the green cards were being received mostly within 1 week to 1 month of the dates being current. However most of those people had applied 1-2 years ago, so their cases had been pre-adjudicated. The current wave has many cases that are still not pre-adjudicated, so some processing time is expected. I dont belive a 6-12 month time frame to adjudicate is out of line with trends seen in the past. So those who are current should start getting good news soon.

Where are you getting your news from? Look at my signature - I am EB2I Sep 2009 who got current in November and yet to see an RFE from USCIS (there are lot of folks like me and also who got current in October bulletin.) Opened two service requests two months ago and no action has been taken. Two tier 2 agents reached out to me explaining how immigration visa numbers are issued but beyond that I did not see any action on my case. Unfortunately, tier 2 agents do not know where my case is being processed. They believe that looking at my receipt number (which starts with LIN) means case is being processed in Nebraska but in reality it is with Texas Service Center.

[vsivarama]

Noob Question, As filling date movement in chart B is based on visa availability and not processing speed, by that the filling dates chart B will move forward whether or not USCIS process any AOS petitions filled for FY2021 before sep 2021.

Meaning, DOS will SO the visa numbers to EB and the filling dates for EB2i and EB3i will move forward like fy2021 for the coming fiscal year 2022 and it does not depend on
1)how many green cards are issued during fiscal year 2021 or
2) how AOS petitions are being processed or
3) how many visa numbers are wasted correct?

You need to view this in supply and demand economics model. Current FY2021 they have generated the demand for the supply they got and will move dates till their supply is exhausted by sept 2021. If CO has visibility to how many visas are wasted this FY before hand (before publishing the Oct VB), then he will adjust the dates to generate the new demand keeping in mind the wasted visas. So it basically depends on the visibility CO has. The more visibility he has, the more he can precisely move FD. If he has zero visibility then of course he will be forced to generate demand for an additional let's say 135k SO visa numbers.

[Turbulent_Dragonfly]

Where are you getting your news from? Look at my signature - I am EB2I Sep 2009 who got current in November and yet to see an RFE from USCIS (there are lot of folks like me and also who got current in October bulletin.) Opened two service requests two months ago and no action has been taken. Two tier 2 agents reached out to me explaining how immigration visa numbers are issued but beyond that I did not see any action on my case. Unfortunately, tier 2 agents do not know where my case is being processed. They believe that looking at my receipt number (which starts with LIN) means case is being processed in Nebraska but in reality it is with Texas Service Center.

Have you discussed with your attorney regarding filing a new Supp J to check if that will trigger them to act on your case?

[ak7419]

Have you discussed with your attorney regarding filing a new Supp J to check if that will trigger them to act on your case?

I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.

[Turbulent_Dragonfly]

I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.

Yeah, I understand the frustration. I filed really early too on Oct 8-9 and completed FP on Dec 8-9 but after the fingerprints were applied, there has been no action on that for nearly 4 months now and my EAD/AP are still pending.

[Moveon]

I do not think there any ? reasonable amount? needed after one gets the GC. Experts can definitely chime in on this.

There is nothing that specifies that you need to stay with your employer after the GC - https://www.uscis.gov/policy-manual/...rt-e-chapter-5 .

The time specified is only during the AOS pending state and not after approval. Is there anything on the USCIS website which specifies that you need to stay with the employer after the AOS. ? I have not been able to find it .

[AceMan]

I already filed J supplement and got receipt notice last week but that did not trigger any action on our cases. My spouse's EAD renewal application is also being processed while we are current and her case was updated with "fingerprints have been applied" last week and that did not trigger any action either.

Man, I am following your case. I believe you have registered for the USCIS text updates. You must see the Card Production Ordered SMS very soon.

[ak7419]

Man, I am following your case. I believe you have registered for the USCIS text updates. You must see the Card Production Ordered SMS very soon.

With expired medicals? Not that my health condition changed since I submitted medicals in 2016 but have there been cases approved with expired medicals?!

[AceMan]

With expired medicals? Not that my health condition changed since I submitted medicals in 2016 but have there been cases approved with expired medicals?!

Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?

[ak7419]

Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?

Attorney recommended against it

[Moveon]

Oh, why are you not sending updated medicals? I am hearing people say wait for RFE before sending. But sending proactively the medicals might help your case. All you need is flu vaccination as all other previous ones would be valid?

You need the TB test plus the urine test too. the USCIS would mostly ignore the medicals if they did not request for it . But you never know when you are in luck . If you are OK to forego the Medical exam fee then maybe its OK as you will need to repeat it if they request it again . Medicals are ~500 USD each time

[AceMan]

You need the TB test plus the urine test too. the USCIS would mostly ignore the medicals if they did not request for it . But you never know when you are in luck . If you are OK to forego the Medical exam fee then maybe its OK as you will need to repeat it if they request it again . Medicals are ~500 USD each time

I don't know. If you proactively send, is it sure they ignore the form? I have heard attorney's claiming wait for RFE because your file might be in transit, but in his case it is drop dead like a stone at TSC.
If you don't want to waste $500, send a file marked medicals with blank papers in it. If USCIS is serious they may come back and say the papers are blank, and at that time send the correct file.

[krnashvom8]

I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.

We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?

[rsnake]

I have a question which I hope someone can answer:
My PD is June 2010. I applied for I-485 in Oct 2020 and have received our EAD/AP combo card in Jan 2021 with one year validity so its valid until Jan 2022.
My H1B is valid until June 2021 (as is my drivers license) and my company still has not filed for an extension as we are waiting for the next bulletin to see where the Final Action Date lands. Hoping that it crosses June 2010.

We are in Texas. Do you know what documents the DOT will need to renew our license in June? Will the EAD/AP card be ok? If anyone of you is in Texas what have you done to renew TX drivers license?

Why not just look up your state's DMV website for what they need? A quick google resulted in this and I don't even live in Texas.

https://www.dps.texas.gov/sites/defa...ulpresence.pdf

You can get a driver's license in Texas from either your pending I-485 or your EAD. Or even a pending extension of status H1B application.

[jimmys]

There is nothing that specifies that you need to stay with your employer after the GC - https://www.uscis.gov/policy-manual/...rt-e-chapter-5 .

The time specified is only during the AOS pending state and not after approval. Is there anything on the USCIS website which specifies that you need to stay with the employer after the AOS. ? I have not been able to find it .

The link you sent is only for AC21 provision. It's not after GC.

After GC, it's still a grey area. That's where you go with attorney's advice. 6-12 months is considered enough time by most attorneys.
If you leave as soon as you receive your GC then you need to substantiate it to USCIS during N-400 if a need arises. So staying with your employer at least for 6 months is sorta future proof. Leaving earlier than that, you need to be prepared if USCIS asks any questions during N-400.

https://www.murthy.com/2019/07/29/ch...ed-green-card/

And, several others give you the same advice. My attorney recommends at least 6 months.