EB2-3 Predictions (Rather Calculations)

[RVSree]

One Q, doesn't having an EAD and AOS status allow the kid to go to college on EADs and no need to switch to F1?

Was about to ask the same question.

As the age will be locked on the day the PD is current under FAD chart, my son can continue to be on AOS pending status until GC is received and I don't see a reason for switching to F1.

So, the question is: Is there any law/rule that compels him to switch to a non-immigrant visa such as F1 and not remain on AOS pending status with EAD, once he turns 21?

[donkeykong]

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

[EB22010Dec]

Hello,
Does anyone have insights into DOL's perm processing for EBs? My application was submitted on 11/20/2020. There hasn't been any update since. If not this, I would have been able to file concurrent I-140/485 by now.
Is there any way to inquire?

I think you will get approval next month. I am in the same shes and only filed perm a couple of months ago.
Cant wait for this torture to end.

[incredible]

So, after a decade long of wait we are finally current. What should we be doing now? We had our biometrics 2 months back and we submitted the medicals/supplement J along with the original application.
It?s a direct application and 140 was approved 10 yrs back. Still with the same employer.

If everything is submitted, then nothing else to do and hang tight. Depending on which service center, there are wide fluctuations on processing.

[beagle]

If you have EAD/AP combo card, then it should be okay to travel back even though your dates are current. You will be undergoing additional check at the immigration by using AP, and if your GC is approved by then, you can mention that to the IO, and probably they let you enter with I-551 stamp in the passport. But more or less with AP you should be able to enter with no issues. Again please consult with you Attorney before making any decisions.

Since you alread have EAD/AP and maintaining H1 status, going to India and coming back shouldn't be a problem except for the travel restrictions. One more thing I can think of is RFE for medicals. I hope you received it and submitted the RFE response. This is one thing your spouse can't do it from India and must be here in the US. The next risk is what if you are asked to come for an interview ? I doubt it but you never know. Interview is being waived and everyone is getting the GC directly without any drama. So you should be fine. Talk to your attorney before flying out and keep them updated about your travel plans.

Good luck.

[texas_]

Thanks for the responses Ace and others.
Regards
J

[abcx13]

Looks like i will be current next month but my downgrade eb3 i140 is still pending..my priority date is may 2011.
Premium process request was rejected this month...asked us to retry after 30 days...
would i miss getting gc this year?

I'm not sure anyone can predict. My EB2 PD is 9/2012, i.e. not current yet, but my EB3 I140 + 485 concurrent filing has been pending since 10/30/2020. Received receipt notices in early Feb and nothing since then. No biometrics appointment, nothing.

Application is at Lincoln, Nebraska Service Center and the I140 and I131 forms are now past the case processing timeline on the USCIS website. I filed a SR online two weeks ago and only got a reply saying they are in the queue to be reviewed and I should call if I don't hear anything in the next 60 days.

I am hoping that either my 140 is adjudicated by the time the EB3 FAD reaches my PD (hopefully in 2-3 months if EB3 FADs continue advancing at the current rate) OR that they adjudicate the I140 and 485 at the same time when the PD date is current under FAD and straightaway issue the GC instead of EAD/AP. If that is why they are waiting to work on my I140, then I wouldn't complain, but of course, with USCIS one can never know.

Been with the same employer for 8 years.

[jkseth]

Good morning experts,
I have been a reader of this forum since 2018 and learnt a lot. Finally, things seem to be moving in a good direction for me and that raises few questions and uncertainty - need expert input here.

My situation:
Priority Date - 21 Feb 2011 (India EB2).
Been with my current employer since 2007 and finally filed 486/765/131 Oct 2020 when I was current as per 'Date of Filing'.
I am still waiting for my fingerprinting notice, however my dependents just received the notices.
I have accepted an offer from another company and they are currently working on my H1B transfer.
Since my 485 (filed in Oct 2020) has been pending for more than 180 days, I should be able to leverage AC21 and my new employer should not require to file a new PERM & I-140.
At this point, I am committed to starting with the new employer around mid July. Planning to have my last day with my current employer on 6/30. Take a couple weeks break and join the new employer around 7/15.

Given the recent movement in EB2, there is a very good chance that I will be current (FAD) in July VB.

Questions:
If I become current (FAD) in July - can my new employer file necessary forms within the first week of me joining? Please note that I will have no employer between 7/1 and 7/15.
Given I haven’t received a fingerprinting notice yet, would it be a problem if I don’t get it before leaving my current employer?
My current employer is willing to submit an EB2->EB3 downgrade. I don't think my downgrade application will be processed in another 1.5 months (before I leave). Are there any downsides to having a pending downgrade application while H1B transfer is in progress?

[sstest]

Congrats to those who are current and to those who are getting greened. Great to see the change in mood.

EB3 to EB2 downgrade here - filed for EB3 I-140 and I-485 in Oct.

Have we seen USCIS issue medical RFE even if I-140 pending approval?

[Zenzone]

Quick questions folks, Can we send medicals without an RFE.

[incredible]

Quick questions folks, Can we send medicals without an RFE.

Yes you can. But it may be better to wait for an RFE as this will also initiate a need for generating RFE.

[Zenzone]

Yes you can. But it may be better to wait for an RFE as this will also initiate a need for generating RFE.

Thanks! what do you mean by "this will also initiate a need for generating RFE"? Are they waiving medicals and approving directly these days?

[vidya_garu]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards

[Zenzone]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards

What's the 180 day clock btw.

[vidya_garu]

What's the 180 day clock btw.

180 day pending for AOS to avail of AC21 benefits, if GC isn't issued by then

[Zenzone]

180 day pending for AOS to avail of AC21 benefits, if GC isn't issued by then

Medicals have no bearing on that. As long as you filed and got receipted, your clock starts from the application received date printed on your I-485 receipt.

[vidya_garu]

Medicals have no bearing on that. As long as you filed and got receipted, your clock starts from the application received date printed on your I-485 receipt.

I understand that. My question was , will I be able to get my medicals done and have the AOS package reach USCIS by June 1

[Kesid23]

What's the 180 day clock btw.

Yes, it is okay to send the applications without the medicals. You can respond with the medicals when you receive an RFE. Medicals can take anywhere from 5 to 10 days to be completed, depending on your civil surgeon and also if you need a chest X- ray to be done and so on.

Depending on which center is processing your case, who your officer is, how soon you get an RFE and how soon you respond after the RFE, the green card approval may take a little longer if you submit the application without the medicals.

[Zenzone]

I understand that. My question was , will I be able to get my medicals done and have the AOS package reach USCIS by June 1

Yes. You should be able to as far as the appointment are available with physicians in the area.

[Transformer]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

[sling10]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

I have the same question which I posted earlier. I have posted the same question to Charlie as well for his YouTube live on Monday.

[MKPD2015]

Did anyone notice the Filing Date for EB2 moved from 15May11 to 01Aug11 quietly. Does this mean that is the date EB2 will end up in FAD by end of this Fiscal?

USCIS have to accept/honor the filing dates, they haven't updated their website if they are accepting filing dates yet for June bulletin, but hopefully they will accept the filing date of Aug 11.

[idliman]

Guys,
My PD is current ( Aug 13 2010, EB2 I) in the June bulletin. How long does it take for the civil surgeon to prepare a sealed medical report ?. I want the 180 day clock to be started ASAP, and I also have a straight I140 ( NO Downgrade) to be filed as well. I wanted to know if it's okay not to send the medicals now.
Regards

Congratulations. Its a great feeling to reach this milestone. If your Final Action date is current, my advice would be to submit the I-693 along with I-485. This way when everything checks out, the Adjudicating Officer (AO) will approve your GC immediately. If you defer submitting I-693, then you will definitely get a RFE which will increase the processing time by say +3 months. Just focus your energy on getting all the supporting info for I-485 and I-693. Double and triple check the forms sent by the attorneys for signature.

[incredible]

Thanks! what do you mean by "this will also initiate a need for generating RFE"? Are they waiving medicals and approving directly these days?

In some service centers like TSC, folks have been current in FAD for anywhere from 3 to 6 months with nothing from USCIS. This is because there is nothing USCIS requires from the candidates, but they just did not process in any specific order. By not having medicals, it is possible to get an RFE and getting RFE is a great sign these days as it means the file has been looked at by an officer.

[incredible]

In some service centers like TSC, folks have been current in FAD for anywhere from 3 to 6 months with nothing from USCIS. This is because there is nothing USCIS requires from the candidates, but they just did not process in any specific order. By not having medicals, it is possible to get an RFE and getting RFE is a great sign these days as it means the file has been looked at by an officer.

But that being said, there could also be counter argument to this. Having everything with USCIS including medicals will probably help to get GC directly. Without medicals, no GC can be issued. I have not come across cases of GC being issued without medicals.