EB2-3 Predictions (Rather Calculations)

[andhraguy]

Reposting this from another forum. Experts could you answer ?

Do we get 485-J approval before getting GC ? Did anyone get 485-J approval or Just the receipt notice with "Fees Were Waived" then got direct 485 approval ?

[Sebiswaiting]

On a quick note, a light year is a measure of distance, and not a measure of time, so your statement is not accurate ; -). A more appropriate analogy would be general relativity - the 1 week movements previously were like the PD's were near a black hole where the time slowed down, and now with the spillover the PD's are more in earth's orbit.

With the aggressive advancing I think eb3 2015 may become current in FY 2022 (atleast the filing dates). Beyond FY 2022 is an unknown but I really am optimistic in the next year or two there will be legislative change that will reduce the backlogs ( I know folks are generally very cynical about any legislative change)

Lol ..True true... And I totally missed that part about light year.. where time is still a year.. but my mind was all considering it only as a big number .That many years...

[krnashvom8]

Reposting this from another forum. Experts could you answer ?

Do we get 485-J approval before getting GC ? Did anyone get 485-J approval or Just the receipt notice with "Fees Were Waived" then got direct 485 approval ?

Per my understanding: Yes there is a I485-J approval. That usually happens in conjunction with your 485 approval. Usually the officer that will approve you 485 will also approve the 485J.. disclaimer- thats my understanding..

[andhraguy]

Per my understanding: Yes there is a I485-J approval. That usually happens in conjunction with your 485 approval. Usually the officer that will approve you 485 will also approve the 485J.. disclaimer- thats my understanding..

@krnashvom8 - Thanks, its a great piece of information to know. At least it is not a stopper like FP or RFE Medicals for 485 approval.

[idliman]

Reposting this from another forum. Experts could you answer ?

Do we get 485-J approval before getting GC ? Did anyone get 485-J approval or Just the receipt notice with "Fees Were Waived" then got direct 485 approval ?

The underlying I-485 Supp J has to be approved before I-485 is approved. However, one may or may not receive a separate approval notice for I-485 Supp J.

[idliman]

I became current in July bulletin in EB2. My receipt date is Oct 08, 2020 and I responded to medical RFE in March 2021. I joined a new company on May 03, 2021 after transferring H1B. No EAD so far. Should I file I-485J supplement to avoid any questions during N-400 that I didn't stay with the petitioning company for a reasonable time? After filing I-485 J supplement, my current company will become petitioning company where I am going to stay for longer time anyway. I want to know experts' thoughts on this.

GC is for a future FT job promised by the company and accepted by you. So if you had moved to a new company availing AC21, you need to file a I-485 Supp J immediately. Any USCIS AO that looks at your case closely, send you a NOID or RFE. So it is better to proactively file I-485 J as you are FA current. In rare cases, you may get a GC without doing anything. In a bad situation, USCIS may claim that they approved the GC in error.

Attorneys may advise you to wait for RFE. That will delay your GC approval by a few months.

[idliman]

Friends,

I've a new job offer and it's been 180 days since I filed my 485 & my PD is current.

1. If I take up the new offer should I file I-485J immediately or after the RFE?
2. What if I join the new company and GC gets approved without i-485J RFE?


Thank you!

USCIS should not approve GC before getting a new I-485 Supp J. They will send you a NOID or RFE. As you are FA current, you should file I-485 Supp J proactively. Waiting for RFE will only delay your approval by a few months.

[gc2021]

USCIS should not approve GC before getting a new I-485 Supp J. They will send you a NOID or RFE. As you are FA current, you should file I-485 Supp J proactively. Waiting for RFE will only delay your approval by a few months.

As per my knowledge USCIS doesn't know whether you are with same employer or new employer after filing 485. They will send RFE for 485J only if past more than 2 years after filing 485.

[Zenzone]

@idli - Good seeing you back. I will also add that your local FO typically green lights your application before a visa number is used and the final approval happens. I checked with Emma a couple days back and they said now my local FO is handling the case and NBC assists them as needed apparently.

[gsingh]

For those who are current for FA in the July bulletin , is now a good time to interfile and send the medicals or do you suggest to wait until beginning of July ?

Thanks

[kuku82]

As per my knowledge USCIS doesn't know whether you are with same employer or new employer after filing 485. They will send RFE for 485J only if past more than 2 years after filing 485.

It depends on the circumstances. In my RFE, they asked for paystubs along with medicals. So they'll know my employer is different from the one that petitioned I-140. Planning to send Supp-J as part of the RFE response package.

[may2011]

same here..Current in July bulletin, No biometrics

I found out today that biometrics have been reused for me and my spouse's GC EAD application.Can they ask for new biometrics for I485? or am I done with biometrics as they reused old biometrics?

[may2011]

For those who are current for FA in the July bulletin , is now a good time to interfile and send the medicals or do you suggest to wait until beginning of July ?

Thanks

I am current.I am planning to wait till my I-140 is approved.Also my lawyer didnot send my pics with my original application..so I am expecting a RFE for photos.If your I140 is approved and you are done with biometrics, theres no harm in interfiling.

[mesan123]

@idli - Good seeing you back. I will also add that your local FO typically green lights your application before a visa number is used and the final approval happens. I checked with Emma a couple days back and they said now my local FO is handling the case and NBC assists them as needed apparently.

how did you check that zen..

[LeoAugust]

@idli - Good seeing you back. I will also add that your local FO typically green lights your application before a visa number is used and the final approval happens. I checked with Emma a couple days back and they said now my local FO is handling the case and NBC assists them as needed apparently.

Is it mandatory that all the applications will got to FO? For e.g. my applications is at SRC(Texas Service Center) and once my app is document ready... will they send to local FO?

[xeqtr85]

Hi - Due to certain personal reasons I was not able to focus on immigration or GC related matters back in Oct-Nov timeframe. My priority date is EB2 Jan 2012. So I missed filing my EB3 downgrade application and I485; with all the predictions now and recent updates from Charlie does it make sense to just wait and file my I485 directly in EB2 when the final action dates or filing dates are current. From all that I have read and understood there seems to be a good chance of my EB2 date being current in FAD itself later this fiscal year or early next fiscal year.

Just wanted few other educated opinions on if there's any reason I should downgrade to EB3 when filing dates or final action dates in that category allow me to? Why add the extra EB3 I140 downgrade application step to my situation now; again this is very specific to my priority date of EB2 Jan 2012 and how I was not able to downgrade back in Oct last year. Appreciate any inputs.

Fast forward few months now.. with the dates movement in July bulletin wanted to get some inputs on few thoughts or ideas I have been contemplating..

Jan 2012 PD.. didn't downgrade or file I485 last year.. was wondering if it s worth filing just EB3 140 now and get it approved first in PP.. and then file I485 as my date is current in EB3 July bulletin.. hopefully that gets my file to MSC with the approved 140.. is this all worth it or should I just file EB2 I485 in Oct.. when I would most likely be allowed to file again.. started getting worried about possible delays in my EB2 case processing if the filing dates open far too ahead in Oct.. as it happened last year..

[gammaray]

Fast forward few months now.. with the dates movement in July bulletin wanted to get some inputs on few thoughts or ideas I have been contemplating..

Jan 2012 PD.. didn't downgrade or file I485 last year.. was wondering if it s worth filing just EB3 140 now and get it approved first in PP.. and then file I485 as my date is current in EB3 July bulletin.. hopefully that gets my file to MSC with the approved 140.. is this all worth it or should I just file EB2 I485 in Oct.. when I would most likely be allowed to file again.. started getting worried about possible delays in my EB2 case processing if the filing dates open far too ahead in Oct.. as it happened last year..

Isn't PP not accepted without the original PERM? And without PP it would take 6 months maybe to get the EB-3 I-140, which would be around December 2021. By then EB2 Jan 2012 should be current as well or earlier if the FDs open in Oct as you suggest. So it's six of one half a dozen of the other. As for processing delays, some delays are likely as the applications mount, but USCIS seems to be getting back to full capacity and with the worst of covid in the past (hopefully) and a pro-immigration administration in the WH, the larger and faster processing capacity is likely to continue into FY 2022 imo.

[xeqtr85]

Isn't PP not accepted without the original PERM? And without PP it would take 6 months maybe to get the EB-3 I-140, which would be around December 2021. By then EB2 Jan 2012 should be current as well or earlier if the FDs open in Oct as you suggest. So it's six of one half a dozen of the other. As for processing delays, some delays are likely as the applications mount, but USCIS seems to be getting back to full capacity and with the worst of covid in the past (hopefully) and a pro-immigration administration in the WH, the larger and faster processing capacity is likely to continue into FY 2022 imo.

True. But happened to read online that if am applying for new EB3 140 at the same service center as the old EB2 center then they are likely to accept the premium processing request. As they should have the old PERM. Have to confirm this with my lawyer. But if that's true then I could get in the queue sooner than Oct.

Honestly I would prefer to keep my case simple and just file directly in EB2. But can't stop thinking of this option incase this would make a significant difference in the timeline of when my I485 could be picked for processing.

[gsingh]

True. But happened to read online that if am applying for new EB3 140 at the same service center as the old EB2 center then they are likely to accept the premium processing request. As they should have the old PERM. Have to confirm this with my lawyer. But if that's true then I could get in the queue sooner than Oct.

Honestly I would prefer to keep my case simple and just file directly in EB2. But can't stop thinking of this option incase this would make a significant difference in the timeline of when my I485 could be picked for processing.

I was able to get my EB3 140 approved with PP when the 140 application was not accompanied with original PERM. I was lucky to get it approved in the first attempt but I have heard in some cases USCIS denied the PP but asked to resubmit after 30 days.(They attempt to track the PERM during that time.) And after 30 days PP was accepted.
My employer's lawyer was adamant that PP will not be accepted and strongly discouraged but I still took the chance.

[shriny]

Here is my case, confused state??

PD: Aug 2010 (EB2)
RD: Oct 21 2020
ND: Nov 14 2020
FP: May 17 2021
EAD/AP: None
I485 J : approved on 6/11/2021
Medicals RFE: No (Waiting)

Interesting part is 12 year old child's I-485 status shows approved.

Anyone seen dependent children getting approved without medicals

[bikenlalan]

I found out today that biometrics have been reused for me and my spouse's GC EAD application.Can they ask for new biometrics for I485? or am I done with biometrics as they reused old biometrics?

For 485, biometrics will not be reused. You will be called in to give biometrics for 485.

[gsingh]

Folks ,

AOS/H4 EAD.

Filed I-485/I-765 on 10/30/2020 with TSC (PD 04/2012 in EB3.I-140 approved.) still waiting for EAD/fingerprinting.
My spouse needs work authorization for a new job.(Was on H1B before).
We tried to expedite EAD but USCIS denied it without requesting an evidence. Reached out to the local congresswoman and her office
made the inquiry with USCIS over a week ago. No response yet.
My H1B is up for renewal. I was under the impression that I can file H1 in premium with H4 petition and H4 EAD application and
USCIS processes it together in the PP time frame but I hear that policy changed sometime back and H4 applications much longer.

Question -
1. Is there another avenue we can explore to get AOS EAD expedited?
2. H4 EAD - Anyone had success getting H4 EAD processed in the PP time period recently. If we include the job offer(and any additional explanation) with the H1B/H4 application, any chance USCIS will consider it ?

Appreciate any suggestions.

Singh, I think your best bet is to request (and keep requesting) expedited processing of I485 EAD. H4 EADs still are taking a long time. If you look at threads on Trackitt quite a few people have had success getting 485 EAD expedited after making repeated attempts (3rd or 4th time). You have a genuine reason citing the impact on your spouse's job. That my opinion, others can chime in too.

Yeah my close friend managed to get his ER approved on third attempt after getting shot down twice by live chat agents. He spoke to a person on USCIS phone line, used somber voice, described his story, managing house household on a single paycheck, paying mortgage, bills, sending two kids to day care etc. Nothing he spoke was untrue but sometimes you establish a personal connection if you speak 1:1 vs chat. He received EAD for his wife (not for him though) within 45 days of ER being opened.

Called USCIS to request expedited processing of EAD the second time. The person I spoke to said that we have to wait for 30 days before expedite request be considered again.
When I quoted the genuine job loss and resulting financial loss ,I was told that it's in the petition that the primary applicant has the means to support the family financially, so this cannot be considered a financial loss.
I am wondering if I just retry after a few days for wait for 30 days. My wife cannot hold on to the job offer for long.

[Zenzone]

how did you check that zen..

Just ask Emma to connect to a live agent and ask them.

[Zenzone]

Is it mandatory that all the applications will got to FO? For e.g. my applications is at SRC(Texas Service Center) and once my app is document ready... will they send to local FO?

That's my understanding.

[bluelabel]

PD: March 2nd 2010 (EB2)
RD: Apr 4th 2012
RFE: Feb 1st 2021 (Medicals, Supplement J, G325A and EAD copies from 2019 Jan)
I485 J : Never received receipt until GC Approval
RFERR: 03/26/2021
485 Status: Approved on 06/11/2021.