EB2-3 Predictions (Rather Calculations)

[ak7419]

Congratulations, that's the first step to Nirvana! Here are some pointers to expedite your case. Pull up your vaccination record. If you don't already have three shots of TDAP/TD or if you don't have one in last ten years, get that at your regular doctor. If you don't already have two shots of MMR, then get that as well at your regular doctor. That will save you some money with the civil surgeon.

Don't wait for the physical letter. Just schedule your appointments with doctor and the civil surgeon. If you anticipate Supp J RFE as well, then download that form and start filling it. If not required, don't get any attorney involved. He will unnecessarily waste your money and time for such a simple RFE response. Even if employer is willing to pay, the attorney will end up wasting at least a couple of weeks. Good luck!

On a different note, now we need RFEs for idliman and ak7419. They have been helping a lot of people on this forum!

thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

[beagle]

https://www.uscis.gov/i-485supj

Expand Special Instructions and please read When to File Supplement J section.

If you are requesting job portability to a new, permanent job offer under INA section 204(j), you may file Supplement J only after:

You have properly filed a Form I-485 based on an approved or pending Form I-140 that names you as the principal beneficiary;

The Form I-485 has been pending with USCIS for 180 days or more since the receipt date; and

You have received:
A new, permanent job offer from a U.S. employer that is in the same or similar occupational classification as the job offered to you in the original Form I-140, and you would like to request that we use the new job offer when making a decision on your Form I-485; or

An RFE or a NOID from USCIS regarding your pending Form I-485 that asks for confirmation that the job offered to you in the Form I-140 or a previously filed Supplement J is still available to you; or

A NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the Form I-140 filed for you, or the petitioner of your Form I-140 has gone out of business.

Its better to file I-485J whenever you change jobs after filing I-485 and thats how I interpret this rule. There is no defined timeline. From what you've described, you are not doing anything illegal and following AC21 to the dot. So why be scared about filing I-485J proactively ? If you get an RFE later near your FAD period, send it again without worrying about anything.

[vedu]

thanks for the mention @vedu but i have not been as helpful as other MVPs like idliman, aceman, q, incredible and YOU but i do need an RFE! :-)

You will get it soon. Everybody gets their day in the sun! But man, it is a special feeling! It comes in a special gold color, as if indicating start of your golden days soon!

[rsnake]

My question to experts on this forum is whether it is mandatory (required by law) to file for I-485j upon starting new job, and if there is a timeline to do so?

Thank you.

In your case I would say proactively file your I-485J. The reason being that in case you get your green card without an RFE for I-485J, it may become an issue when you file for naturalization as a citizen when they see that you did not work for the company that filed your green card application after getting it. Check the Murthy link below.

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

Now some advise that it's not advisable to file it pro-actively as it may delay your application, but that advice is good only for people who are guaranteed to get an RFE for it anyway, like the people that filed in 2012. They don't risk the above situation because they will simply reply with the new company's I-485J when they get the RFE for it while recent filers like you may never get the chance to do so.

[amey111]

Thank you so much!

[jackbrown_890]

Thank you Q. And yes, it has been over a decade.

[rsnake]

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

[maverick2010]

I would advise anyone that's expecting biometrics to keep checking Emma chat on the USCIS site atleast weekly. Looks like for some people, the only indication that they're scheduled for biometrics is receiving the notice via USPS.

Here is my timeline.

5/04 - Received biometrics notice in mailbox for appointment on 5/20
4/27 - USPS stamp date on envelope
4/23 - Date on the biometrics notice.

My online status is still not changed for both I-485 and I765 receipt notices. I had already signed up for My USCIS account and mobile alerts and was also checking multiple times daily. If the USPS mail was delayed or misplaced, I would never have known that biometrics were scheduled for me. It took 4 days for USPS to pick it up and then 7 days to deliver it. Especially with USPS delays in some areas it's risky since not showing for biometrics would mean application is considered abandoned.

There are some people on trackitt saying that their online status is still 'fingerprint fee received' and 'case was received' even after giving biometrics a couple of months ago.

There is no online status called "Bio-metric Appointment letter Sent" - that's why one don't see any change in online status until actual fingerprints are taken.

You are right about USCIS account online alerts - it is not working as intended. My status got changed couple of times in last month but I haven't received any email or text alert that I have signed up for.

[mcmilers]

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

[Turbulent_Dragonfly]

I have an odd situation right now. I got an RFE for Medicals and Supp J in Jan 2021 which my Attorney received but I never received in the mail. Anyways we started working on it and because of back and forth between my company and Attorney we finally filed my RFER on April 1st week. At that time, we found out that my wife's RFE letter went to our old address and was returned to USCIS, they issued a new RFE for same asks and sent it to our new address. so far it is all good because we havent responded to the original RFE yet. so we respond to the RFE in April and then last week we found out that my RFE letter also went to old address and post office just returned it to USCIS. this caused USCIS to issue another RFE for the same asks. Now, we already submitted the RFER but the status has changed to waiting for RFE.

Has somebody been in this kinda situation? and how do I resolve this?

Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.

[mcmilers]

Did you guys fill out the AR-11 and let USCIS know when you moved and they sent the notices to the old address even after that? Have you tried chatting with USCIS via Emma or called them? If you have already engaged the company attorney, maybe just follow their guidance.

The attorney's office is going to call USCIS to try to sort this out. let see what happens!

[Sebiswaiting]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

[vsivarama]

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Short answer is Yes if downgrade is a possibility. If I were in your boat, I would not move till I have applied for AOS and completed 180 days. Of course that's just my opinion and there will be many who will disagree with me in this thread as it's left to your discretion to act on it. As far as good opportunities are concerned, I feel like I am getting better offers after completing 180 days. The field opens up for you even more on EAD. However if you feel that you cannot continue in your current role because of toxic work environment then it's a different issue.

[newyorker123]

Prediction and suggestion :

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

If you must change jobs, an important thing is to get in writing (if possible) that PERM will be initiated as soon as possible.
Biden Admin is definitely improving things (for example: H4 biometric stop). If the existing preposterous times of PWD and PERM processing improve, it will be good for people who change jobs. However that is a big "If".
I would have got EAD if I did not change jobs. I repent about it frequently. As some solace, my existing job is way better than the old one.

[idliman]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

[incredible]

Your question is difficult to answer as there are a lot of variables. The number of GCs that are issued this year decides the PD movement for EB2 / EB3 India next year. As you know the historic PD movements this year and next year are once in a generation type pheomena. Once COVID goes away, it might take 5 to 8 years for a year of PD movement in EB2, just like how the 2012 folks were in a standstill till the dates moved in 2021. That gives you an idea of the worst case scenario. Now your PDs are almost 2015. If USCIS issues enough GCs this year and next year, then you will not have any issues with moving to a newer company. Otherwise you might be in a sticky situation and might regret the move. If you are thinking of immigration reform, it is not going to happen unless democrats win more senate seats. Republicans have taken a stance that they will oppose everything that the democrats do. It helps them politically.

I would advise you to stay in the current job till October 2021, file your AOS then after 180 days move to wherever you want. You can make use of AC21 protections afterwards. This means you will not be taking the new job for nearly a year from now (April 2022). There is a chance that your PD may not be current in Oct 2021. However, I believe that USCIS will issue enough GCs for that to happen. Another issue is a new law. If something like Grace amendment happens, then it will stop spillover from FB to EB. Staying in the current job might still be worth a risk.

Things might turn in your favor if you take up the new job also. If the queue before you is cleared out by USCIS (by issuing them GCs), then most likely 2015 will be current in Oct 2022 (when you will be filing AOS after joining new company). It takes nearly one year for getting the PERM done. The worst case situation for your PD will happen only if USCIS wastes enough GCs. Can the dependent only take the new job and the primary stay put till AOS+180 days is done? It is very difficult to decide. Good Luck.

Update: One of my friends decided to sell his home and take up a FT job with 2013/2014 PDs. I told him not to do it. He ended up doing it. He has an advantage that I can predict his PDs being current next year even with worst case scenario. You are in the borderline of PD movements and hence decided by the numerous factors. It should also be noted that my perspective might be a little biased in that I am still going through the 2012 effect (and hence affected by it). I tend to be conservative and others might be a little bolder. Any decision you take, own it and move forward. After all, GC is just a plastic card. It might matter only if you plan to work in jobs that require it.

Great reply Idliman. But there is another option too. Go to new company but be in good terms with current organization and if the dates move (for FAD) in October, or later this year, move back to current company and file 485 and wait for EAD/AP. I know it is difficult, but this is exactly what I did back in 2012. I moved from the GC sponsoring company in 2011 May to a new company, but kept good relations with GC sponsoring company. As soon as dates started moving in Feb 2012, moving to the original company back and filed 485. Got EAD/AP, worked there for a year and then finally left for good in 2013 May for a completely different and new opportunity. I could say the second time opportunity in 2013 was far better than what I got and moved first time in 2011. So my only request would be, follow the career and make changes if and when the reality of filing 485 is there.

[waiting-forever]

Hello Everyone, I am an EB2, 2012 filler with Feb 2010 PD Texas Center and a long-time follower of this forum but a first-time poster. I got the RFE on the first week of April for Medical and supp-j. RFE response was received by USCIS on Monday, May 3rd, and the status also updated online. Anyone has any recent experience on that how long does it take to get the decision after USCIS has received the RFE response?

[Transformer]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

Since your wife's PD is Dec 2014, I assume her company didn't agree for a downgrade. So even if she continue there, no option for her to downgrade if EB3 PD is current again in October. There is a 30-50% chance that her PD might current in filing date in EB2 come October. No one can tell you for sure, it's a gamble you have to take. If your wife decides to move on and take the new offer, then put pressure on the new company to start the PERM process ASAP and since both your PDs are only 6 months apart, definitely choose EB3 for one of you.

[Palver]

Prediction and suggestion :

Working here since early 2011 (not relevant��)
My PD is EB2 I June2015.
Wife's PD EB2 I Dec 2014.
2 weeks back I changed job for a good/senior level role, and also negotiated for org to check for initiating GC review in 3 months ( Jul mid), but by the time perm will be filed, I am sure it will take months.

Now wife is waiting on an offer in 1-2 days.
In short both of us changing job with good offers and hoping that new organizations file GC on time.

Do you guys see any high probable risk for us missing any boat? Since I am quite sure Perm won't be approved before Oct for either of us.

Should one of us ask for eb3 when our new org initiates GC?

Trillion dollar Q - do you see any of our PDs getting current in EB2/EB3 in next OCT VB ?

Thanks in advance.

3 Scenarios
1) Dates move beyond your PD and stay there - The only thing you'd lose by moving to a new job is a (bounded) delay in getting a green card
2) Dates never move beyond your PD - You did not gain or lose by taking up the new job, from a green card POV
3) Dates move forward when your PERM is not approved and dates retrogress when PERM is approved - You are worse off by moving to the new job.
1) and 2) together are way more likely in my opinion than 3).
I am in a similar situation and have almost convinced myself to accept a new position. My PD is Sep-2012. My probabilities for the scenarios are a little different than yours but still the relationship between 1),2) and 3) is similar

[RVSree]

USCIS has approved my EAD/AP application, but not for family members. Presently, our H1/H4 visas are valid until Oct-2021. I have a potential job offer, and the employer is open to hire me on either EAD or H1-B transfer.

Assuming that I am joining with EAD, will my family lose their H4 status as the EAD is likely to invalidate my H1-B status immediately?

Are there any other options available apart from pursuing H1-B transfer to avoid this situation ?

[greenjpr]

Hello All.. I am a silent observer here.. Just wanted to share my status..

My Priority Date: EB2 June-2010
I 485 Received Date: Oct 08, 2020 ( Along with 485J, 765 and 131)
EAD Approved: Jan 08, 2021
Medical RFE received: 05/07/2021
Medical RFE response submission: Pending

I am kind of surprised with my RFE [ June 2010 PD] ..Hopefully it is a good news for others also.

[Transformer]

USCIS has approved my EAD/AP application, but not for family members. Presently, our H1/H4 visas are valid until Oct-2021. I have a potential job offer, and the employer is open to hire me on either EAD or H1-B transfer.

Assuming that I am joining with EAD, will my family lose their H4 status as the EAD is likely to invalidate my H1-B status immediately?

Are there any other options available apart from pursuing H1-B transfer to avoid this situation ?

When you move to GC EAD then your status changes from H1 to AOS pending and similarly your spouse status changes from H4 to AOS pending. This is not an issue unless your spouse is currently working on H4 EAD or you have aging out kids.

[Sebiswaiting]

Thank you Incredible, Idli , Siva, palver, transformer.
All of you made so many great points and this makes it much easier for us to decide.
As you rightly said her current org doesn't allow downgrade. She will negotiate for early/immediate starting of GC proCess, this negotiation result along with all your comments will play a big role in final decision.

I am already 1 month in new job, so I will start following up in another 1.5 months so the process doesn't get delayed .

I must repeat what so many have already said- this forum has so many wonderful minds and helpful hearts.

3 Scenarios
1) Dates move beyond your PD and stay there - The only thing you'd lose by moving to a new job is a (bounded) delay in getting a green card
2) Dates never move beyond your PD - You did not gain or lose by taking up the new job, from a green card POV
3) Dates move forward when your PERM is not approved and dates retrogress when PERM is approved - You are worse off by moving to the new job.
1) and 2) together are way more likely in my opinion than 3).
I am in a similar situation and have almost convinced myself to accept a new position. My PD is Sep-2012. My probabilities for the scenarios are a little different than yours but still the relationship between 1),2) and 3) is similar

[gc_dedo]

Guys,
Any idea if it's possible to change from EB2 to EB3 when AOS is pending? My attorney says that it's fine to downgrade (simultaneously) while filing I-485, as PD is not used. But once you have filed I-485 in EB2 and later try to change to EB3, she is not so sure.

[Transformer]

Guys,
Any idea if it's possible to change from EB2 to EB3 when AOS is pending? My attorney says that it's fine to downgrade (simultaneously) while filing I-485, as PD is not used. But once you have filed I-485 in EB2 and later try to change to EB3, she is not so sure.

You can file for EB3 140 and after it is approved you can interfile to EB3. But why you want to do that? If you already filed in EB2 then your PD is before May 2011, then you better of staying there to get GC faster.