What are you suggesting Ace? Filing another I-485 with EB2 makes sense or not.Originally Posted by AceMan
What are you suggesting Ace? Filing another I-485 with EB2 makes sense or not.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
Well, it is a lottery. There is nothing anyone can do. Your luck will shine one day and your file will be picked and after that it is quite smooth and quick.
Some people have reported that interfiling medicals has expedited their case. Look at this:
https://www.qesehmk.org/forums/showt...ll=1#post82456
I also interfiled medicals but my interfiling actually criss-crossed with an rfe from FO (traffic tickets + medical). At one point I was nervous and regretful about interfiling since while we were working on response to rfe, my interfiled medicals were linked to my case and USCIS case status reflected that response to rfe was received (which would literally mean I did not respond to my traffic citation rfe). Luckily, 5 days later my GC was approved. At the end of the day, interfiling saved me 18 days but did create some heartburn.
The last mile is the hardest. I never worried about GC for the first 11 years out of the 12 years process. I got very impatient, nervous, anxious and angry (at Fragomen and USCIS) the last 6 months. One of the reasons for this anxiety was reading and tracking online immigration forums. Just be patient, distract yourself with work and dont overthink.
Can someone please help on this ^^ ? thanks!
Quick question: What is a traffic RFE? Is it for unpaid traffic tickets? I have a current speeding ticket that I am contesting. Got my fingerprinting in September but nothing has happened since. Will appreciate some details if you are comfortable sharing.
Hi Experts ,
My 485 was pending with FO for 2 months and went back to NBC since 1 month ,medicals submitted with 485 .
Does NBC makes final adjudication or it has to come back to FO ?
I had some traffic tickets (less than $500). I had answered yes to part 8, q25 saying I have been cited. I also explained about the nature of these tickets in addendum. I still got an rfe on that, may be the AO did not see the addendum. Eventually, my GC was approved even before my rfe response was sent.
Same from last year. Do nothing, just stay put wherever you are and don?t be an aayaram or gayarams.
It neither helps you or people waiting in the backlog.
PD: EB3-I 24 Feb-2011
I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21
Hello Folks,
I attended an interview in local field office in first week of Sep. I have few questions if any one can answer.
1. Once the field office has your application, id it entirely to the FO to make a decision?
2. I there any time limit for them to provide an update after the interview? I am hearing 30 to 60 days .
3. What can we do to to check the REAL status? ( the emma chat just says , I need to wait )
4. Does any one know what processing happens in the field office?
5. should I be worried.?
PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21
The typical response time if it is approved by the officer should be quick or with in a week. But if they required additional information or something else to be verified then the wait time can be upto 90 days before you a follow up:
*** From some of the sites *******
If it?s been 90 days since your I-485 interview and you still don?t have a decision, call USCIS at 1-800-375-5283 to schedule an InfoPass appointment. It?s important to follow up.
****
How was the interview and was it individual or the petitioner and dependents too?
Interview was short . first me and then spouse as we had kids with us.
asked regular questions which were on the I-485 application .
The application had 1 kid mentioned but I had 2 and was updated as well.
I changed employers on ac21 and handed him I485J during the interview. He did say it was going to take a while but I dint expect it to be this long. I was not sure what " a while " meant. I should have asked.
PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21
So it may be the I485J checking of the new employer and cross verification of the employment. And what do you mean by 1 Kid and 2nd kid info updated? Was that the 1st kid was a dependent applicant and the 2nd kid was a citizen born here in US and since they are young accompanied all? Sorry that information and details are not clear? And also if there is an RFE check if the attorney's office received anything?
Other than the 'ayaram/gayaram' issue/dilemma, is it true that a person cannot have two parallel applications going on at the same time? I asked this from our firm's attorney (Fragomen) and got the following response...will appreciate any thoughts on whether this is correct:
My questions: Since my EB2 FAD is also current, I?d like to confirm if we can interfile I-485 to get in that queue as well. If we do, will the application go to TSC or some other location? Also, with the interfile, could we submit the medicals at the same time thus make that application documentarily complete?
Fragomen Response: You cannot have two AOS cases pending based on same employment opportunity. As such, you?d need to decide if you?d like your case to be processed under EB-2 or EB-3 category. Given that both are current, it should not make a difference and better to proceed with the case already pending. If the dates were to change for EB-3 category, we can explore switching back to Eb-2 so that the case is not put on hold.
I'm no Fragomen. Please read https://www.uscis.gov/policy-manual/...rt-a-chapter-8
An applicant can maintain multiple basis I140 and when applying I485 the applicant must specify only one basis(I140). The only time you can get away is when the dependent also files an independent AOS with the primary being the dependent now. Example, husband files under EB3 and then wife files under EB2. Even with this, having different A nos complicates it and must be addressed by withdrawing the other application in a timely manner.
So when you interfile, you are requesting to switch to a different basis I-140 than the one originally filed. Please read the above chapter and it clarifies other questions floating around regarding interfile requests.
EB2-3 Predictions (Rather Calculations)
My view is different from Fragomen. If you do have two I-140s (one for EB3 and one for EB2) then you can and should absolutely feel free to file two 485s if you choose to. USCIS must accept both applications because they are NOT the same application. An EB2 job is not same or EB3 job and vice versa.
Beagle is correct that one 485 will only be based on one 140. But if you do have two 140s then I don't see why you can't file two 485. I have to disagree whoever says it is not possible.
Finally ACE and I have a philosophicaldisagreement. He thinks changing lanes is immoral or something like that. My view is people have every right to further their interest in any legal way possible.
Last edited by qesehmk; 10-25-2021 at 05:46 PM.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
I am trying to figure out if a given I-485 MSC receipt number is related to FB or EB.
Does FB applicants also file I-765 with their I-485?.
If not, for a given I-485 receipt number if one of the next two receipt numbers is a (I-765) then that I-485 is EB..
Last edited by ImmiGiveMe; 10-23-2021 at 08:21 AM.
Hi Gurus, Need some advise on my situation. My PD is Mar 2011 under EB2.
I am currently working with Company B and applied for PERM, will be getting approval[if no Audit] at the end of Feb, 2022. I will be able apply i-140 and 485 concurrently if my PD stays current.
Previously I worked with Company A who have filed my original PERM and moved to Company B. Now I got an offer from A [Similar role and compensation but need to relocate] and will be able apply i485 immediately once i join the company.
Should i wait 4 months and apply i-140 and 485 with B or join A and apply given the likelihood of retrogression.
I think you stretched the changing lane part a little longer than my opinion. My concern was always on the downgrade part, you were selected over many other candidates based on your exceptional skills and when dates move forward on the lower category, you went down that route. USCIS allows downgrade, so my opinion has no real basis.Finally ACE and I have a philosophical
However, we did see the impact of massive downgrades that happened in 2020. Within couple of months date of filing was pulled back a year, and even after a full year, lot of people who filed 485 in 2012 are still to get their GC, while the downgraders are filing premium over premium for their 140 even when they are not eligible to do that.
So now well after a year, the entire thing is screwed up, people now see Eb2 going forward, while Eb3 going back. This is what I was pointing out for a long, before many people deemed me as selfish, because I have an Eb3 petition. These same people who came to Eb3 now wants to move back to Eb2. Even before that is happening, I am saying that is a stupid and useless move. It will screw up the applicants date, as well delay the process for other applicants.
Especially when you already have an EAD, which many of the people claimed is the primary motive for switching categories. As stated above, this is my opinion and USCIS allows it.
PD: EB3-I 24 Feb-2011
I-485, I-765, I-131 applied : 26 OCT 2020 BIOMETRICS : 19 MAR 21 RFE : 13 APR 21 RFER : 14 MAY 21 EAD APPROVED : 17 JULY 21
I-485 Interview and Approval : 15 DEC 21 CARD Received : 23 DEC 21
Point well take and thanks Ace for the explanation.
I still believe EB3 at least until 2015-16 has less demand compared to EB2. The retrogression in EB3 followed exceptional movement forward. Even right now EB3 is ahead if I am not wrong. But it is also true that EB2 can get all excess numbers from others while EB3 simply cant.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Any analysis of this doc on USCIS explanation of retrogression
https://www.dropbox.com/s/wzwx13i0cy...SSION.pdf?dl=0
Thanks for sharing. Perhaps if such lawsuits are filed, we get a better info abt whats happening.. may be one's needed for EB2, so we get some numbers from USCIS?
From Charlie chat:
EB2 India Final action date movement around couple of months in Dec VB, and at a slightly slower pace from then on.
No foreseeable movement in EB3 India/China dates until beginning Summer.
Last edited by newyorker123; 10-26-2021 at 12:59 PM.
For the EB3 who might want to upgrade, Charlie mentioned that EB2 might retrogress if there is upgrading.
I would take AceMan's advice and stay put where everyone is.
I took a paid counsel from an immigration attorney outside of my company. The attorney asked me to stay put in LIN. He said if you were in SRC and didn't have any progress on your case after fingerprinting, I'd recommend you to file another EB2 but if your case is DQ and you are just waiting for adjudication then I'd just wait for your PD to be current in EB2 and request interfile. He strongly advised against having two EB-AOS petitions. He said at times when he had done this for Chinese nationals in the past, the cases were put on administrative hold and some of them got rejected too.
Also one more drawback he said, that I am not so sure about is that, one you use your EB2 I-140 for AOS you can't use the same I-140 for interlink process. You would just need to stick with your EB2 AOS for adjudication if EB2 queue becomes more favorable. Also USCIS will process the EB2 petitions based on receipt numbers which will put you at back of the queue and doesn't matter if your case lands at MSC. He said MSC still has enough backlog of EB2/EB3 from Oct-2020 that there is a good chance your case will not get looked at for FY-22.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
I am staying put in EB3 queue for now. My PD is May 2011, so I am hoping any EB2 retrogression will not impact me there either.
On a side note, I have applied (through company/Fragomen) for premium processing of my EB3 I-140 (downgrade) at TSC and it has been rejected every single time. I see many people here and on Trackitt successfully getting their I-140 adjudicated via premium processing. Will appreciate if any of you can share if you did anything different to get PP accepted.
There is no trick man, you are just stuck in a very sh**ty service center. If I were you, I'd file another AOS with EB2 I-140 just to get out of SRC and have my case processed with MSC. I know it may sound like unpopular opinion with some veterans here but seriously based on all the data I have seen from Telegram groups, approval rate from SRC is pathetic even when it was operating at its peak capacity. It's not that necessarily employees are doing sloppy jobs but there are very few officers assigned to work on 485 adjudications and I-140 approvals.
Last edited by LightAtEndOfTunnel; 10-28-2021 at 12:02 AM.
NSC, EB2-I->EB3-I, PD:2/12, RD:11/4/20, ND:2/13/21, I-140(EB3):6/3/21, FP:7/16/21, I-693 (interfile): 7/22/21(delivered/no-ack), RFE(I-693):8/7/21, RFE-R: 8/10/21, EAD/AP: None, I-485 (Approved): 10/27/2021
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