EB2-3 Predictions (Rather Calculations)

[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?

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?

[delguy]

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?

I doubt they will touch the I-485 application until I-140 is approved.

[abcx13]

Hi, Anybody with this experience? I will be current under EB3 per June bulletin. EB3 140 is still pending. Once current, can USCIS send medical RFE even before 140 is adjudicated or they will typically wait for 140 decision?

I doubt they will touch the I-485 application until I-140 is approved.

You could try sending a request for premium processing on the I140 along with medicals in the hope that they process it all together and issue your GC straight away?

[LeoAugust]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..

[incredible]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..

If they do have H1 and stamped, they need not worry about anything and go. While 131 is invalidated, they can re-file 131 after coming back. IF there is no H1, this is tricky situation. Without approved 131, it is not advisable to travel and also travel will invalidate 131. No issues will come for 485/765 though, but if they get an RFE or something they need to be physically in the US to respond quickly though.

[LeoAugust]

If they do have H1 and stamped, they need not worry about anything and go. While 131 is invalidated, they can re-file 131 after coming back. IF there is no H1, this is tricky situation. Without approved 131, it is not advisable to travel and also travel will invalidate 131. No issues will come for 485/765 though, but if they get an RFE or something they need to be physically in the US to respond quickly though.

Thanks... He is on L1. I will pass on the message.

[mitul75]

Hi All,

Need advice. One of my friend who has already files AOS and completed the Biometric and PD current has to travel India due to immediate family member suffering from COVID.
Any idea how it is going to impact the 485/765/131 while he will be out of country. 131 is going to be invalid what about 485/765? If they are abt to receive the EAD/AP and GC card will it be on hold if so can they initiate it again or what is the problem they can face?

Please let know. Thanks..

Hi, You can also try expediting I-131 through local field office sighting family emergency. This has the quickest turnaround time, and normally your AP travel doc gets issued the same day. Be prepared to show them proof of emergency, i.e., doctor certificate, medical reports, etc. of the ailing family member back in India. However, please note that till the travel ban is in place, returning from India may be a challenge without US Citizenship or GC, unless you have a minor child who is an American citizen.

[gsingh]

Question regarding biometrics -
My I-140/485 were filed 10/30/2020 with TSC and we have not received the biometrics appointment yet. I understand there are other applicants waiting just like me. However in some cases USCIS is able to reuse existing biometrics.
My question is, does USCIS notify the applicants or update the case status when they reuse biometrics ?

- Thanks

[android09]

Question regarding biometrics -
My I-140/485 were filed 10/30/2020 with TSC and we have not received the biometrics appointment yet. I understand there are other applicants waiting just like me. However in some cases USCIS is able to reuse existing biometrics.
My question is, does USCIS notify the applications or update the case status when they reuse biometrics ?

- Thanks

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

[maverick2010]

Any idea when RFE for medicals would be sent after FAD becomes current? Looks like before OCT'20, it is usually the same month an applicant becomes current.

[gsingh]

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

Thanks android09.

[Zenzone]

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.

Okay. Now I understand the point you make. Its a million $ question on when the RFE will arrive but I think there has been a general uptrend in recent weeks though.

[Noesis]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?

[bikenlalan]

Any idea when RFE for medicals would be sent after FAD becomes current? Looks like before OCT'20, it is usually the same month an applicant becomes current.

You should expect RFE for medicals anytime as your date will be current next month. NBC has been pretty good in sending out RFE even before the dates become current. Have you received your 485j receipt?
As tracked lately, people with MSC21904* series have started to receive 485j and RFEs if their dates are or going to be current soon.

[bikenlalan]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?

USCIS requests visa number from the pool when your application is complete and documentary qualified for approval. I think it is safe to say, that if you receive approval in October of 2021, it will be coming out of next FY pool of numbers.

[dharmindesai]

idli,

As the facts are stated, there is no option for a 3 year H1B extension.

A 3 year H1B extension is only available under AC21 when:

a) The I-140 is approved

AND

b) The PD is not current on the date USCIS receive the H1B extension request.

If the PD becomes current in June and the H1B extension is requested in June (as stated in the original post), then condition (b) cannot be met.

Assuming the above, the H1B request for a 3 year extension would have to be received by USCIS in May, otherwise only a 1 year extension would be available (if those conditions have been met).

Spec/Idliman,

Can you please help me understand my situation better and if or when should I start getting worried.

My PD is Nov 2010 (just got current). However, my employer is yet to file perm. My H1B validity is until July 2022. Will I be able to keep extending the H1B 1 year at a time until I get EAD/GC or is there a cut-off? Also, any issues/implication with my spouses' H4-EAD, that need to be considered.

Being in a non-IT field, all my managers, including present one, have been too busy to listen or care about my GC situation (keep punting inquiries to HR who punt it to lawyers with the effect that it takes weeks to get response to one email). Ironically, the one manager/Job where I had the worst experience was when my Perm and I-140 were quickly submitted and approved (within a year of joining). I haven't helped it either by not sticking to a job for more than 2-3 years at a time (I had taken one of Q's advise to heart - make decisions based on career and not immigration options)

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!

[msbmsb]

Hello Guys,

A na?ve question around numbers; applicants who will become current in last bulletin (September 2021) and most likely will stay current in the first bulletin of new fiscal (October 2021), when they get their GC, would theirs Visa numbers be counted in this fiscal year or next.?

I believe the applicant is counted against the pool from which the Visa number is requested. If the request into the pool occurs in Oct it will be against the next FY

[idliman]

Spec/Idliman,

Can you please help me understand my situation better and if or when should I start getting worried.

My PD is Nov 2010 (just got current). However, my employer is yet to file perm. My H1B validity is until July 2022. Will I be able to keep extending the H1B 1 year at a time until I get EAD/GC or is there a cut-off? Also, any issues/implication with my spouses' H4-EAD, that need to be considered.

Being in a non-IT field, all my managers, including present one, have been too busy to listen or care about my GC situation (keep punting inquiries to HR who punt it to lawyers with the effect that it takes weeks to get response to one email). Ironically, the one manager/Job where I had the worst experience was when my Perm and I-140 were quickly submitted and approved (within a year of joining). I haven't helped it either by not sticking to a job for more than 2-3 years at a time (I had taken one of Q's advise to heart - make decisions based on career and not immigration options)

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!

Reg. H1B:
You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. In your case as FA dates are current. So, you will be eligible only for a 1 year H1B extension.

As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. So extending H1B is not at all an issue, although doing it in 1 year increments is a pain.

Reg. H4 and H4 EAD:
H4 EAD goes with H1 eligibility after 6 years.

Reg. GC:
Your PD is Nov 2010. Whether you are EB2I or EB3I queue does not matter and your PD will be FA current in the immediate future and I don't see PDs retrogressing for you.

You should start the PERM immediately. The process of getting prevailing wage and PERM approved will easily take 1 year. So the best case scenario for you is that you start immediately and hopefully you can file I-140 and I-485 concurrently by say June 2022. If there is a PERM audit, then it will delay this timeframe. You are in a state where you should not make decisions based on career, immigration takes preference. In fact, I would have told you to stay put in the job immediately after DT lost the election. Stay in the current job at least another 1.5 years to file I-140. After filing I-140 & I-485, you should remain in the job for another 180 days for AC21 job portability protections. So you should not think of job change for at least another 2 years.

You have not said anything about previous PERM and previous I-140. I guess you have a H4 EAD via approved I-140. A PERM is valid only if a I-140 was filed within 180 days of its approval. Was the I-140 approved or Denied? If I-140 is denied, your PD is lost (Some may file new I-140, but you are not working for that employer now). Has it been 180 days since the I-140 was approved for the previous employer? If it has been 180 days since I-140 was approved, you are safe even if the previous employer withdraws the I-140. However, if there is any fraud or misrepresentation involved, the older PD retention requests will not be valid. An I-140 is job and employer specific unless the new company is successor-in-interest.

Obviously I have given you a lot of info above, because your questions is very open ended. Good Luck.

[maverick2010]

You should expect RFE for medicals anytime as your date will be current next month. NBC has been pretty good in sending out RFE even before the dates become current. Have you received your 485j receipt?
As tracked lately, people with MSC21904* series have started to receive 485j and RFEs if their dates are or going to be current soon.

I still haven't received the i-485j receipt.

[dharmindesai]

Reg. H1B:
You may extend your H1B status annually in one-year increments if your green card process was started at least 365 days prior to the day when you reach the six-year limit. Or, if your I-140 has already been approved but your priority date is not current, i.e. immigrant visa number is not available to you, you may apply for three-year extensions of your H-1B status. In your case as FA dates are current. So, you will be eligible only for a 1 year H1B extension.

As long as you remain eligible, you may extend your H1B status unlimited times until green card approval/denial. So extending H1B is not at all an issue, although doing it in 1 year increments is a pain.

Reg. H4 and H4 EAD:
H4 EAD goes with H1 eligibility after 6 years.

Reg. GC:
Your PD is Nov 2010. Whether you are EB2I or EB3I queue does not matter and your PD will be FA current in the immediate future and I don't see PDs retrogressing for you.

You should start the PERM immediately. The process of getting prevailing wage and PERM approved will easily take 1 year. So the best case scenario for you is that you start immediately and hopefully you can file I-140 and I-485 concurrently by say June 2022. If there is a PERM audit, then it will delay this timeframe. You are in a state where you should not make decisions based on career, immigration takes preference. In fact, I would have told you to stay put in the job immediately after DT lost the election. Stay in the current job at least another 1.5 years to file I-140. After filing I-140 & I-485, you should remain in the job for another 180 days for AC21 job portability protections. So you should not think of job change for at least another 2 years.

You have not said anything about previous PERM and previous I-140. I guess you have a H4 EAD via approved I-140. A PERM is valid only if a I-140 was filed within 180 days of its approval. Was the I-140 approved or Denied? If I-140 is denied, your PD is lost (Some may file new I-140, but you are not working for that employer now). Has it been 180 days since the I-140 was approved for the previous employer? If it has been 180 days since I-140 was approved, you are safe even if the previous employer withdraws the I-140. However, if there is any fraud or misrepresentation involved, the older PD retention requests will not be valid. An I-140 is job and employer specific unless the new company is successor-in-interest.

Obviously I have given you a lot of info above, because your questions is very open ended. Good Luck.

Hi Idliman; thank you so much for responding so quickly and providing the detailed info and sorry for not giving too much detail before. Your responses have definitely made me feel much better.

Regarding my Perm and I-140; pretty sure the I-140 was filed within 180 days of approval (not sure of the I-140 filing dates but know that they were done back to back in 2010-2011). Also, the I-140 application was approved when first filed (i.e. only applied once in 2011 and got approval). Since then I have changed jobs a few times and the attorneys at each place have used that I-140 for H1 transfer or for H4 EAD for my wife (we have been able to renew her H4 EAD since 2015 without any issues until now). Attorneys at current employer said that I need to restart the GC process beginning from perm but they will be able to capture the original PD date of November 2010. I have taken your advise to heart about prioritizing the perm application and not looking to switch jobs. Only issue is the attorneys have been very very slow to respond and kept saying until now to not worry about getting current for a while. I last contacted them yesterday so would be a miracle if I hear back from them before next VB

Thanks once again for the help! I am in US since 2004; working on OPT/H1 since 2006 continuously and have to admit following this message board has helped me a lot in overcoming my immigration related anxieties - and looks like it will be few more years before they will end

[idliman]

Only issue is the attorneys have been very very slow to respond and kept saying until now to not worry about getting current for a while. I last contacted them yesterday so would be a miracle if I hear back from them before next VB

I am in US since 2004; working on OPT/H1 since 2006 continuously

The only way to get through this situation is to call and email them every day without any shame. Tell your story to attorney, HR and manager and play sympathy or some other emotional intelligence card. Completely take off your ego and go after chasing the PERM till it gets submitted to DOL. There is no other way to get this done. I understand how difficult it is to work in a system that is not aware of immigration. The great thing for you is the Nov 2010 PD. Work with your manager or HR to feed them all the input required by the attorneys. Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

[iamdeb]

USCIS will use FAD for EB category in June for purposes of applying for adjustment of status...what is the point of CO advancing the Filing Date when USCIS is not going to honor it at all.......
CO mentioned in May check-in to check USCIS site if they will accept filing date going forward....
however, looks like USCIS doesn't want to do any work......
this USCIS decision to only honor FAD doesn't make any sense........

[Noesis]

USCIS requests visa number from the pool when your application is complete and documentary qualified for approval. I think it is safe to say, that if you receive approval in October of 2021, it will be coming out of next FY pool of numbers.

Thank you.!

I believe the applicant is counted against the pool from which the Visa number is requested. If the request into the pool occurs in Oct it will be against the next FY

Thank you.!

[AceMan]

USCIS will use FAD for EB category in June for purposes of applying for adjustment of status...what is the point of CO advancing the Filing Date when USCIS is not going to honor it at all.......
CO mentioned in May check-in to check USCIS site if they will accept filing date going forward....
however, looks like USCIS doesn't want to do any work......
this USCIS decision to only honor FAD doesn't make any sense........

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

[mitul75]

Spec/Idliman,

Also, should I maybe try switching jobs if the new employer agrees to file perm right away (highly doubt but still asking)
Thanks in advance for help and congratulations/good luck to everyone who got current!

Since you need to restart the PERM process anyway, I don't see why you cannot find a new job and negotiate getting the PERM started right away as part of your joining package. Not saying it's going to be easy, but getting the ball rolling somehow should be at the top of your list. So either convince your manager/HR/lawyer to kick-start the process at your current company, or find a new employer who is willing to do so immediately.