EB2-3 Predictions (Rather Calculations)

[inspired_p]

Was your spouse primary applicant? This was well known issue for a long time. I am surprised your spouse got 3 year extensions from two different employers.

Yes primary applicant and applied extension and employer change after the PD was current. We ended up using my 485 to get greened as her both employers had not started the process for her.

[ImmiGiveMe]

"ALERT: Starting Nov. 1, 2021, processing times will be based on 6 months of data instead of one month. You can read more about processing times on our Case Processing Times page."

This alert is on the USCIS processing times page. What does this change mean?

[gammaray]

"ALERT: Starting Nov. 1, 2021, processing times will be based on 6 months of data instead of one month. You can read more about processing times on our Case Processing Times page."

This alert is on the USCIS processing times page. What does this change mean?

What does it mean? Well, exactly what it says. The processing time will be based on a 6-month trend and not on a month. So less variation in the times, with longer term data considered instead of instantaneous values.

[namits]

Is there a way to "correct" my "Received Date" with USCIS?

The reason I ask is that my I-765 receipt has a RECEIVED DATE of 1/19/2021 - which is what I believe should be used for opening up SR request (outside of processing time), but in chatting with USCIS (via EMMA) they are stating that the "Receipt date" to open an SR request is 3/11/2021.

Is there a way to send in my receipt so that the USCIS database reflects the correct date?

[amey111]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

[ImmiGiveMe]

I notice that the processing time for the centers that i follow has increased after this change...

[android09]

I notice that the processing time for the centers that i follow has increased after this change...

From what I've heard, the US has airlifted over 50,000 Afghans recently and currently housing them in military bases around the country. The big ones are in Wisconsin (14,000), Iowa and Texas(Over 20,000). These people qualify under the Special visas (Interpreter/Translator) scheme and need to be processed by USCIS not DoS. These people need to be fed, clothed, accomodated, educated and provided medical and other services and provided a stipend etc and all of which is costing a lot of $$ to the US govt. This can roll into a major political issue for the administration and so from what I understand, USCIS is redirecting efforts to go through these, finish background checks, generate identity(Many escaped AF without even a passport) and work through re-settling them. This is a mammoth effort undertaken by DHS and DoD. USCIS is getting through about 1000 cases a month(Dont have any evidence or links on this and just hearsay from people who volunteered at Fort McCoy, WS). So you calculate how long it will take USCIS to complete this. You do not cost the govt a single Dollar and therefore are deemed a lower priority. While I'm glad these poor folks find a new home away from their nightmare and begin a new life, I wonder what this does to people who are waiting already in the line and are current. Hopefully this is just background news, I'm not very sure how accurate the figures are or what is slowing things down. Here is an article on this.

https://www.npr.org/2021/10/06/10436...t-resettlement

[newyorker123]

I wonder how much this delays things for EB, if not moving it into a standstill for a few months.
Charlie never mentioned this in his calls, though not sure. Is EB somehow insulated against this ?

[newyorker123]

December 2021 Visa Bulletin:

Final Action dates:
EB2: 01May2012 EB3: 15Jan2012

Filing Dates:
EB2: 08Jul2013 EB3: 22Jan2012

[gammaray]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

I'll answer the first question. Can enter on AP, and continue working with the current employer as long as the h1b hasn't expired when entering on AP. The employer does not need to make any changes to the I-9 and can renew the h1b normally as would be the case if you hadn't entered on AP.

[amey111]

I'll answer the first question. Can enter on AP, and continue working with the current employer as long as the h1b hasn't expired when entering on AP. The employer does not need to make any changes to the I-9 and can renew the h1b normally as would be the case if you hadn't entered on AP.

Thank you, gammaray. This helps with my travel plans!

[amey111]

Current Status:
Wife: Primary on I-485 application based on EB3 I-140 (priority date Oct 2012). EAD and AP approved. Changed jobs on EAD (no longer with employer who sponsored I-140). Also has EB-2 I-140 from past employer for same priority date (Oct 2012)
Me: Derivative on wife?s I-485 application. EAD and AP approved. Currently working on H1-B (H1-B visa not stamped in passport). Have EB2 I-140 from past employer (priority date March 2012)

Questions:
1. If we travel outside US and I re-enter USA on my AP, what is the impact on my H1-B?
2. If the final action date for EB2 becomes current for derivative applicant, can we change the derivative to be the primary on the I-485 application through cross charge-ability? If not, are there any other options to use the derivative applicants priority date?

Thank you.

Q # 2 is now a reality. My priority date of Mar 2012 in EB2 is current, and my wife's priority date of Oct 2012 (EB3) is not current. Is there anyway for us to use my priority date on our current application? Any expert opinion is really appreciated.

Thank you.

[idliman]

Q # 2 is now a reality. My priority date of Mar 2012 in EB2 is current, and my wife's priority date of Oct 2012 (EB3) is not current. Is there anyway for us to use my priority date on our current application? Any expert opinion is really appreciated.

Thank you.

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling. There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/...rt-a-chapter-8

[gsingh]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling. There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/...rt-a-chapter-8

@idliman - Didn't know there was even a way to determine the processing time for 'Transfer of Underlying Basis/Interfiling' requests ?
It will be very helpful to know , if it is possible.

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC.
I have a previous I-140 in EB2 with the same employer. My PD will be current for FA in December in EB2.
I am wondering if I should request transfer of underlying basis to use the previously approved EB2 I-140.


Appreciate any inputs.

[amey111]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling. There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/...rt-a-chapter-8

Thank you, Idliman!

[idliman]

@idliman - Didn't know there was even a way to determine the processing time for 'Transfer of Underlying Basis/Interfiling' requests ?
It will be very helpful to know , if it is possible.

My PD is 04/2012.Filed I-485 with a new EB3 I-140 in 10/2020. Application is with the TSC.
I have a previous I-140 in EB2 with the same employer. My PD will be current for FA in December in EB2.
I am wondering if I should request transfer of underlying basis to use the previously approved EB2 I-140.

Appreciate any inputs.

I am NOT following the processing times closely after my GC approval and can only provide theoretical advice on this topic. There are a lot of variables and it comes with a fair bit of priority date movement prediction (Will EB2I retrogress ? / Will EB3I remain stagnant?). Also soon there will be a lot of interfiling requests on way to USCIS from people who are on the same boat. I suggest you to read quite a bit of material and understand the pros and cons before you do it. Maybe others can help you on this aspect. Join other tracking websites or groups and observe the trend to make a judgement on your own. A man too careful of danger lives in continual torment. Either way you will have to make a call based on your gut feel for how things will turnout. But do it sooner rather later before all pipelines are clogged.

Before COVID, the processing times were reasonable. So I would say that people might get GC within 1 to 3 months after an interfile request. Now depending on the processing center it could be months or years.

[android09]

Sec Mayorkas of the DHS testifying in the Senate. Facts: Resettlement of evacuated Afghans already in the US(55,000) and appoximately 125,000 will be the total number. Timeline is about Dec - Feb. This will be an enormous undertaking for USCIS to process SIV green cards. This means everything else will be put on the backburner. So expected spillover wastage from Oct, Nov, Dec, Jan, Feb at the very minimum.

https://www.judiciary.senate.gov/mee...eland-security

[gsingh]

There is a dedicated process for doing this. It is called Transfer of Underlying Basis or Interfiling. There are a lot of information on the internet on this topic.

What is tricky is to figure out the USCIS processing time for this request based on the service center. Will it actually help you or staying in the current lane will help you to get GC faster.

Read the USCIS Policy Manual here.
https://www.uscis.gov/policy-manual/...rt-a-chapter-8

I am NOT following the processing times closely after my GC approval and can only provide theoretical advice on this topic. There are a lot of variables and it comes with a fair bit of priority date movement prediction (Will EB2I retrogress ? / Will EB3I remain stagnant?). Also soon there will be a lot of interfiling requests on way to USCIS from people who are on the same boat. I suggest you to read quite a bit of material and understand the pros and cons before you do it. Maybe others can help you on this aspect. Join other tracking websites or groups and observe the trend to make a judgement on your own. A man too careful of danger lives in continual torment. Either way you will have to make a call based on your gut feel for how things will turnout. But do it sooner rather later before all pipelines are clogged.

Before COVID, the processing times were reasonable. So I would say that people might get GC within 1 to 3 months after an interfile request. Now depending on the processing center it could be months or years.

Thanks Idliman. I will do some research.
Others, Please chime in, if have thoughts on this topic.

[qesehmk]

Congress is about to pass Biden's Build Back Better plan today. It has extremely substantial immigration provisions. They are:

1) Exemption from country caps
2) Ability to file 485 immediately after 140 approval.
3) Capturing all unused visas since 1992 and ensure full use going forward.
4) Dreamers get a GC.

You can read the bill at https://www.congress.gov/bill/117th-...bill/5376/text (just search on "SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS.")
or you can read updates at www.whereismygc.com

[qesehmk]

The above bill just passed house. Over to senate now.

Friends - country caps will be history one day. Hopefully literally within a few weeks.

[monsieur]

Doesn't these rules have to survive Byrd Bath in senate? Good chance all immi stuff will be taken out in Senate bill coz of reconcillation process

[qesehmk]

Doesn't these rules have to survive Byrd Bath in senate? Good chance all immi stuff will be taken out in Senate bill coz of reconcillation process

My "guess" is that Dems realize that this is their chance to get so many things done. So they could very well sidestep the Parliamentarian whose advice is anyway not binding.

That's why the key is Manchin who they are going to have to bribe (metaphorically) heavy to get this through.

[srisri]

My "guess" is that Dems realize that this is their chance to get so many things done. So they could very well sidestep the Parliamentarian whose advice is anyway not binding.

That's why the key is Manchin who they are going to have to bribe (metaphorically) heavy to get this through.

I hope immigration items in the bill pass, but based on my past experience, these are used for negotiating and will be dropped during reconciliation. Please don?t get hopes high and get dejected.

[qesehmk]

I hope immigration items in the bill pass, but based on my past experience, these are used for negotiating and will be dropped during reconciliation. Please don?t get hopes high and get dejected.

I am cautiously optimistic. This time Dems have understood that they have to sneak it through because Republicans for last 20 years haven't been ready to entertain ANY immigration proposal. So the best way to get reforms done is via such sneaky ways unfortunately.

If you look at the proposals they are quite fundamental to EB but they are worded in an almost administrative manner. And honestly that's the way to go. I think they would still be palatable to a lot of republicans.

If you look at GOP's district gerrymandering or packing the courts over last 20 years, one must say Dems are only learning the trick now.

For backlogged folks - I do think this has a decent chance of getting through. Manchin would be committing suicide if he bombs this. Parliamentarian and all - dems are likely going to sidestep IMHO. And if Dems can't push this through (just remember how Cavanaugh and Barrett were pushed on supreme court) then they deserve to lose next election.

[may2011]

Hello all, I need some advice.My case details are as follows;

PD:May 2011 (EB2) at NSC
RD:Nov 2020
I140 Amendment (Company Name Change) Approval: Aug 2021
Biometrics:September 2021
EAD/AP (Biometrics reused): Aug 2021
Case transferred to NBC:Nov 2021 after preliminary review.

I have the following questions;

1)Does preliminary review mean USCIS has all the documents? I had interfiled medicals, but USCIS is not able to confirm the receipt.
2) I have to travel out of state.Should I take an extra copy of medicals with me incase NBC issues a RFE for medicals?
3) Is it worth reaching out to a tier 2 agent to confirm if USCIS has medicals?

TIA!