EB2-3 Predictions (Rather Calculations)

[srimurthy]

Yes, I registered for email and text update in USCIS site.

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?

[idliman]

Hi Idliman,

What would be your suggestion for the scenario described below:

PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.

I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?

Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?

EB2-I April 2011 might become FA current in the July VB. It has a very high probability of getting current in the next few bulletins. You are already beyond 180 days from received date of I-485. That makes you eligible for AC21 portability.

In I-485 Supp J, Part 5 needs to be filed by the employer. Only questions 3 through 10 need business info. They are Business or Organization Name, EIN, Type of Business, Established Date, Current no of US Employees, Gross Annual Income, Net Annual Income and NAICS code. Then your HR will sign. Part 6 is AC21 "same or similar justification" with SOC code. The key is Part 6 where you will attach a separate page with detailed justification of why your new job is same or similar to the I-140/PERM job. Once you match the job tile (even partial is OK) and SOC code more than 50% of the justification is done. You can also take up additional functional roles in new company to make it easier. Other than these I-485 Supp J is an easy form. It is a contract from the company that they are offering you a FT position.

One thing you have to consider is whether you had already submitted I-693 and complete Birth Certificate data? Basically are you confidant that there will be no RFE for these items? If you have a chance of getting RFE, then submitting I-485 Supp J proactively is better. It will generate an RFE once the review of Supp J had completed.

I don?t know how long it takes to approve GCs now. I had stopped following tracking sheets. If I am in your position, I would negotiate a good job offer and may switch. It depends on whether the new job is my dream job or not. Also I would make sure that your new job matches GC / PERM job description. Before joining make a deal with the new company asking them to file I-485 Supp J immediately and proactively. Then start working with your existing attorney or new attorney and complete I-485 Supp J as soon as possible. Don?t be afraid to spend money. As you had seen above, the company part is just a few details. The attorney is paid to justify "same or similar", however your input is very important as the PERM job is suited to your skillset and you will know where the justification lies. And you should stay in the GC job for 6 to 12 months after getting GC.

If you want to avoid all of the above and are happy to wait one more year before switching jobs, that is perfectly fine and a wise decision too. By next summer, it would have been at least 6 months since you got your GC and are ready for N-400.

So whether to switch or not is your personal decision. However, I have presented the thought process to help you out. Good Luck.

[idliman]

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?

The following is a good site to find out the processing at Field Offices.
Latest Green Card Processing Times (greencardly.com)

The following site looks at the vicinity of a particular series of receipt numbers. That might help to get some data on approvals.
Nagesh - Profile | Tableau Public
https://public.tableau.com/app/profi...te/I-485Status
https://public.tableau.com/app/profi...rovalsbyStatus

How is everyone coping having waited for a few months with FA dates being current? Have the rate of approvals increased recently or they have remained more or less that same in the last few months?

[mitul75]

Any thoughts if all or most PDs before 2010 are approved by now? Or how many may still be waiting for GCs?

While I can't give you an exact count, I can assure you that there are still lots of people with 2009 PD that haven't received an approval yet. Forget about approval, there are several with Jul/Aug/Sep-09 PD who haven't received an RFE yet. You can check some of the Trackitt posts or the google sheet trackers that they maintain for an idea about the trend.

[ak7419]

The following is a good site to find out the processing at Field Offices.
Latest Green Card Processing Times (greencardly.com)
There was a separate site to look at the vicinity of a particular series of receipt numbers. That might help to get some data on approvals.

How is everyone coping having waited for a few months with FA dates being current? Have the rate of approvals increased recently or they have remained more or less that same in the last few months?

In my opinion, approvals are only trickling in. I am still waiting for RFE after being current for seven months and there are several others who never received any RFE whatsoever since 2012.

[Turbulent_Dragonfly]

In my opinion, approvals are only trickling in. I am still waiting for RFE after being current for seven months and there are several others who never received any RFE whatsoever since 2012.

Meanwhile, people in July/Aug 2010 are getting green cards. The whole system is a shiteshow.

[rsnake]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

[srimurthy]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

So if we haven't made progress and cleared 2009 in the first three quarters, there is very little chance that most will be cleared and approved in the last quarter.
It may look like we can waste around 75 to 100 K visas and its been 8 months and so and people are not even getting EAD's. Earlier we were thinking the efforts may be consolidated to get the GC directly and now that seems to too slow

[Kesid23]

It is mostly TSC for PDs before 2010, which is very slow. RFEs for those people are trickling in slowly but over all process of asking for RFE and making decision on RFE responses are very slow in TSC.

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

[Turbulent_Dragonfly]

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

Check what is your Notice Date. From my research it looks like they have given up on trying to process by PD as it's probably near impossible to sort the paper apps. My application reached MSC on Oct 9 with a Notice Date of around Nov 12th and I had to expedite the EAD/AP. Last I checked a few days back, approvals for coming in for people who had a Notice Date in the first week of November. If you filed on Oct 20th, then it's possible your Notice Date is in Dec/Jan and it may take some time to reach that.

[qriousjunta]

Hi Idliman,

What would be your suggestion for the scenario described below:

PD Apr-2011 (EB2-I), Filed AOS Oct 2020 including dependents back in Oct-2020.

I have a potential job offer, I heard that once become an employee, the HR team may take couple of months to provide I-485 J. Since my PD is expected to be current with July/Aug-2021 VB under FAD chart, will there be any impact when AO/FO takes a final decision on my AOS application?

Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays and policy aspects?

I am in the similar situation.
PD : June 2010 EB2-India
Been current since April 2021. Got fingerprint done in March 2021.
Received receipt notice for I-485J last week for the 485 , 765, 131 packets sent back in October 2020.No EAD yet.
Question: Should I join the new employer after getting GC in hand to avoid any issues considering USCIS processing delays or file an H1 transfer ?

[Kesid23]

Check what is your Notice Date. From my research it looks like they have given up on trying to process by PD as it's probably near impossible to sort the paper apps. My application reached MSC on Oct 9 with a Notice Date of around Nov 12th and I had to expedite the EAD/AP. Last I checked a few days back, approvals for coming in for people who had a Notice Date in the first week of November. If you filed on Oct 20th, then it's possible your Notice Date is in Dec/Jan and it may take some time to reach that.

Our notice date is 11/3/2021.

[Turbulent_Dragonfly]

Our notice date is 11/3/2021.

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.

[rsnake]

Yeah this is the weird inconsistency that I have noticed too! There are people with June and July 2010 who have gotten greened after submitting applications in Oct 20-30 time frame but have an earlier notice date than mine! I have given up trying to track that because it truly appears to be random. All we can do is wait more at this point.

It might be because of the officer assigned, them being slow or fast and also other caseload on their hands.

[rsnake]

Our notice date is 11/3/2021.

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!

[RVSree]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

[montyp80]

Topic:Expedited request

Hi,

I tried to raise an expedited request(ER) via EMMA, but the agent pasted a big paragraph about eligibility criteria for ER.I tried calling the USCIS customer case, but no response.I keep on reading about tier1 and tier 2 agents.How do you reach them? If anyone has had their ER request approved ; what number did you call?

PD:May 7, 2011
Category:EB2
Applied for i485/EAD/AP: Nov 2020.(Received Date:Nov 5, 2020)
Applied for i140 Amendment (company name change): Nov 2020(Received Date:Nov 5, 2020)
Center:Nebraska
Biometrics: Waiting
I140 amendment approval:Waiting

I am going to share my experience:

I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)

I think learning here is to be persistent and of course, use genuine reasons for ERs as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.

[montyp80]

Registered for the text updates? I am yet to do that.

After seeing the thrilling GC adventures of idliman, all I am hoping for is a boring, drama free, successful completion of the GC process.

You should check out this app called 'Lawfully'. You can add all your cases and manage everything from one place. It gives you updates even before you receive text notification or email from USCIS directly. My case status updated to 'Card ordered...' and yet to receive any communications (email or text) from USCIS.

[RVSree]

EB2-I April 2011 might become FA current in the July VB. It has a very high probability of getting current in the next few bulletins. You are already beyond 180 days from received date of I-485. That makes you eligible for AC21 portability.

In I-485 Supp J, Part 5 needs to be filed by the employer. Only questions 3 through 10 need business info. They are Business or Organization Name, EIN, Type of Business, Established Date, Current no of US Employees, Gross Annual Income, Net Annual Income and NAICS code. Then your HR will sign. Part 6 is AC21 "same or similar justification" with SOC code. The key is Part 6 where you will attach a separate page with detailed justification of why your new job is same or similar to the I-140/PERM job. Once you match the job tile (even partial is OK) and SOC code more than 50% of the justification is done. You can also take up additional functional roles in new company to make it easier. Other than these I-485 Supp J is an easy form. It is a contract from the company that they are offering you a FT position.

One thing you have to consider is whether you had already submitted I-693 and complete Birth Certificate data? Basically are you confidant that there will be no RFE for these items? If you have a chance of getting RFE, then submitting I-485 Supp J proactively is better. It will generate an RFE once the review of Supp J had completed.

I don?t know how long it takes to approve GCs now. I had stopped following tracking sheets. If I am in your position, I would negotiate a good job offer and may switch. It depends on whether the new job is my dream job or not. Also I would make sure that your new job matches GC / PERM job description. Before joining make a deal with the new company asking them to file I-485 Supp J immediately and proactively. Then start working with your existing attorney or new attorney and complete I-485 Supp J as soon as possible. Don?t be afraid to spend money. As you had seen above, the company part is just a few details. The attorney is paid to justify "same or similar", however your input is very important as the PERM job is suited to your skillset and you will know where the justification lies. And you should stay in the GC job for 6 to 12 months after getting GC.

If you want to avoid all of the above and are happy to wait one more year before switching jobs, that is perfectly fine and a wise decision too. By next summer, it would have been at least 6 months since you got your GC and are ready for N-400.

So whether to switch or not is your personal decision. However, I have presented the thought process to help you out. Good Luck.

Thanks Idliman for your inputs which will be useful to other members too in this forum. Also, I have a follow-up question for you.

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

[h1bh1bh1b]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

Birth certificate issue date doesn?t matter! Government has the record of birth and has issued and it is valid. But have they issued with proper first name last name format? If not then you need signed affidavit! I had similar issue and got GC with affidavit.

[Kesid23]

I think not sending medicals with 485 has delayed your GC. They take around 2 months to process after RFE response so I would hope for your GC approval in the second half of this month. I am surprised that they didn't give you AP/EAD yet though. Many people around your dates have gotten them before they stopped giving them out. Maybe the issue with Code 2 and reissued Code 3 biometrics for dependent messed it up. Good luck!

I was impressed with the fact that I received the medical RFE in March ,2021, the month when my date became current.
I have also been seeing quiet a few GCs getting approved within a month of responding to RFEs.

I do think the code 2/ code 3 mess up for my derivative may have screwed me over !!

The waiting game continues?.

[may2011]

thanks for sharing!

[may2011]

I am going to share my experience:

I tried submitting ER through Emma and was shot down 3 times. Finally, per suggestion from a friend, I called USCIS (standard customer service number) and this empathetic gentleman on the other end gladly agreed to submit my request without trying or pushing. The time-line was:
ER Submitted: 5/21 (humanitarian reasons)
ER Approved: 6/1 (without asking for any documentation/proofs)

I think learning here is to be persistent and of course, use genuine reasons for ERs as you may be asked to submit supporting documentation. Also, I don't know for sure but you might need to have BM completed before you can submit an ER.

thanks for sharing...I am trying to convince them to schedule biometrics..spouse's H4/H4 EAD had been pending since June 2020.Raised aSR and the response was that they are waiting for biometrics.I have no idea who schedules biometrics

[gsingh]

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.

[idliman]

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)