EB2-3 Predictions (Rather Calculations)

[qesehmk]

Hello Optimista

Edit: Added third and probably the most important reason SRC vs NSC service center. I was wrong on the service center differences. Texas i.e. SRC is stuck in anti immigrant lane it seems. Just check the 485 processing times.

There are three possibilities:
1) Your case is stuck at SRC. So no action. Just wait and don't worry.
2) If not #1 then it is possible there is some issue with your case. Wonder if you belonged to indian armed forces or something like that. How about your employer being very small one? Think about similar things and if none of them apply then go to #3
3) Pure luck (or lack thereof). The USCIS is moving dates way ahead and it necessarily results in them randomly approving cases much later than yours and somehow some cases slip through their fingers.

I think the best you can do is simply wait (perhaps do an FOIA). If there are no RFEs that's a good thing. Keep your spirits high. I think it will happen. The USCIS is not exactly an empathetic organization. So just keep waiting. Cheers!

p.s. - We all go through the same. It is exceptional for EB-India 485 cases to be rejected. Although overall rejection rate is 7-8% I personally know of no EB-India case being denied.

@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

[optimista]

I know you ask to @aceman and @Q. I am not an expert but still sharing some thoughts.

You can submit a Case Assistance Request @ https://www.dhs.gov/case-assistance and it usualy take one month. Usually now a days they do respond. SR/ER and reaching out to representative and senator is not working now a days. Especially if you app is at SRC.

Thanks LeoAugust, really appreciate your suggestion as I did not this option exists. I will definitely try it and will post updates here of my experience.

[optimista]

Hi @Q,
Thank you for your feedback.
1. My case is at NSC, Nebraska Service Center. The tier-2 guys have sent a message to NSC asking them status about my application which they are supposed communicate to me once they get it from NSC (by 1/20).
2. No army background (or any other similar reason). My employer is a mid tier vendor, but with a very good results so far, they had a few cases filed along with me and they got it through (but all those cases did have a pre-approved I-140 unlike in my case where I-140 based on a recently approved PERM was filed along with I-485 and I-765.
3. Yes, it is bad luck and slow processing I think.

Only other issue I can think of is for me and my spouse the birth certificates did not have dates, but we have supplied all the documentary evidence we are supposed to provide (additional evidence like 10th certificate, 12th certificate, old domicile certificates, affidavits from parents, and other blood relatives, etc.). TBH, if birth certificates were problem, they would have sent an RFE by now.

I will wait for a few more days and will work on the two options FOIA and status update request.

Wait continues till then.

Thank you for your other gurus continued support. It really means a lot to me and i am sure to may others who are in similar situation.

Let's hope for the best.

Thx.

[qesehmk]

Hi @Q,
Thank you for your feedback.
1. My case is at NSC, Nebraska Service Center. The tier-2 guys have sent a message to NSC asking them status about my application which they are supposed communicate to me once they get it from NSC (by 1/20).
2. No army background (or any other similar reason). My employer is a mid tier vendor, but with a very good results so far, they had a few cases filed along with me and they got it through (but all those cases did have a pre-approved I-140 unlike in my case where I-140 based on a recently approved PERM was filed along with I-485 and I-765.
3. Yes, it is bad luck and slow processing I think.

Only other issue I can think of is for me and my spouse the birth certificates did not have dates, but we have supplied all the documentary evidence we are supposed to provide (additional evidence like 10th certificate, 12th certificate, old domicile certificates, affidavits from parents, and other blood relatives, etc.). TBH, if birth certificates were problem, they would have sent an RFE by now.

I will wait for a few more days and will work on the two options FOIA and status update request.

Wait continues till then.

Thank you for your other gurus continued support. It really means a lot to me and i am sure to may others who are in similar situation.

Let's hope for the best.

Thx.

There are things we will never have answers to. The best we can do is keep hope and enjoy life today. Good things will happen.

I don't see there is anything wrong here. Could be just a kink in USCIS processing machine. Yes an FOIA or the other way must be tried.

Good luck and trust me - there have been people like you before on this forum and eventually they got approved. So it will happen.

[optimista]

There are things we will never have answers to. The best we can do is keep hope and enjoy life today. Good things will happen.

I don't see there is anything wrong here. Could be just a kink in USCIS processing machine. Yes an FOIA or the other way must be tried.

Good luck and trust me - there have been people like you before on this forum and eventually they got approved. So it will happen.

Hi Q,
Thank you for the comments and support. Really appreciate it.
Have a great day and a week ahead.
Cheers

[Greentothemoon]

Hi optimista,
I am in similar situation like you. Applied together I140/485. PD:07/2010, EB3. I have not received anything yet. BM is completed. My case is at SRC as well.
I know at least 5-6 people in my contacts with PD 2010, still waiting for EAD and GC. I am sure there could be many more. I have contacted senator and he is waiting to get response back from USCIS. My EAD expedite request denied twice. I am waiting to receive call from L2 officer. It frustrating as many applicants received GCs post 2011 PDs. lately, I have now moved on at this point and decided to just wait and watch, no more action. Like many have said here, USCIS has been approving randomly. Especially if we are stuck at SRC, its added back luck.
Good luck and hope we will cross this final line soon. Cheers..!!

[optimista]

Hi optimista,
I am in similar situation like you. Applied together I140/485. PD:07/2010, EB3. I have not received anything yet. BM is completed. My case is at SRC as well.
I know at least 5-6 people in my contacts with PD 2010, still waiting for EAD and GC. I am sure there could be many more. I have contacted senator and he is waiting to get response back from USCIS. My EAD expedite request denied twice. I am waiting to receive call from L2 officer. It frustrating as many applicants received GCs post 2011 PDs. lately, I have now moved on at this point and decided to just wait and watch, no more action. Like many have said here, USCIS has been approving randomly. Especially if we are stuck at SRC, its added back luck.
Good luck and hope we will cross this final line soon. Cheers..!!

@greentothemoon,
:-), looks like you are also a crypto degen like me.
Thanks for providing info about your case. Yes, for now, all we can do is wait and watch and additionally follow-up via various means. Hope we all cross finish line soon.
Cheers.

[Transformer]

Since your case is at NSC, I don't think you will get any positive response. The processing time for NSC is 20 months. You are still 4-5 months away to raise an SR. Even if you raise an SR most probably they will close it by saying case under normal processing time. Unfortunately nothing much can be done. Had you done your 140 in PP and then applied for 485 your case might have been ended in NBC and may have gotten GC by now. It's all LUCK at this point of time.

[optimista]

Since your case is at NSC, I don't think you will get any positive response. The processing time for NSC is 20 months. You are still 4-5 months away to raise an SR. Even if you raise an SR most probably they will close it by saying case under normal processing time. Unfortunately nothing much can be done. Had you done your 140 in PP and then applied for 485 your case might have been ended in NBC and may have gotten GC by now. It's all LUCK at this point of time.

Hi @Transformer,

Thank you for the 2 cents. Yes, I agree, applying to I-140 in PP and then applying to I-485 may have made a difference. But this option was out of question in the month of October 2020, when there was not guarantee that the dates will remain current till I-140 gets approved. Hindsight is 20:20 as they say. Unfortunately being an immigrant, our whole life is a never ending series of Coulda, Woulda, Shoulda. Really frustrating.

Let's hope for the best and remain positive.

Cheers.

[eb2may2011]

Hello All,

Need Advice :How do I convince EMMA to process my case as per the processing time of the new service center?

Our application was transferred from NSC to NBC on Nov 10, 2021.My local field office is Seattle.My application details are as follows;

PD:May 2011
Category : EB2
I140: Approved in PP in Aug 2021
BM:Sept 2021
Case Transferred to NBC: Nov 10, 2021
RD:Nov 5, 2020


My receipt date is well before the receipt date posted by Seattle Field office. I am still not able to raise SR for "case outside normal processing".I tried to raise a SR via, EMMA, and Tier 2 officer.they are all insisting that the case processing time should be as per NSC as my application was originally at NSC. I cited the USCIS website which clearly mentions that case should be processed as per the new service center. I am so frustrated. I don't know what else i can do.Any advice?

[bloddy1]

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

@Aceman - Your assessment is quite right but not sure what determines a case landing at SRC vs. NBC, any insights from you all would be helpful to salvage my situation which is really causing adverse amount of stress. Because of employer challenges I had to wait until Oct 21 for an EB2-I Sep 2010 PD to be filed and when they did they did, a concurrent I-140 (premium approved in 2 weeks) was filed along with 485, 765 and 131 and my case was routed to SRC which as Aceman mentioned seem to have been the poison chalice that I'm realizing I will have to drink. The biometrics was pretty quick within 4-weeks of received date but not much since then.

I have been waiting with no activity and meaning to reach out to my congressman for expedite since my wife needs to visit her sick parents. But starting to realize that I filed it the wrong way and drew the worst service center - TSC. Not sure what was the right way to file i.e., File I-140 non-concurrent in premium, wait for approval and then file just 485? Is that really the way to go so the case routes to NBC? And is there a way to salvage now through I-140 downgrade to EB3 or other means?

I have already reached out to congressman's office to keep the contact warm so I can request for at a minimum an expedited handling of i765/131 so travel is possible but really starting to feel like wait is going to be another couple of years.

Any suggestion would help calm some really frayed nerves with TSC.

[SG2020]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

[LeoAugust]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

That's a part of the process. Give give a week. With PP you should see i140 is approved.

[rohanvus]

Hi all -

My concurrent filing with downgrade for I-140 was filed on Nov 4, 2020. Other than biometrics in Sep 2021, there has been no change. My 3rd attempt at PP for I-140 was filed last week and I saw the following updates on myUSCIS.

January 19, 2022 Name Was Updated
January 18, 2022 We received your request for premium-processing of your Form I-140, Immigrant Petition for Alien Worker, and mailed you a receipt notice.
November 4, 2020 We received your Form I-140, Immigrant Petition for Alien Worker.

As you can see, my ?name was updated? for the I-140 application after the PP request was received. Is that an issue since my name is the same/no changes whatsoever? Also, is that a good sign that they mailed a receipt notice? Or do they send that even if they eventually reject the request for premium processing?

Will appreciate any thoughts from the brain trust.

I think you are almost there . Was ur EB2-140 also from TSC before ? I kept trying multiple attempts for PP and got rejected everytime . My EB2-140 was from LIN and not sure is that why my PP keeps getting rejected

[SG2020]

Yes. Both my EB2 and downgrade I-140 are at SRC. PP was rejected twice already. So let's see if things change this time...3rd time's the charm!

I think you are almost there . Was ur EB2-140 also from TSC before ? I kept trying multiple attempts for PP and got rejected everytime . My EB2-140 was from LIN and not sure is that why my PP keeps getting rejected

[gansun]

Hi Gurus,

I need your help

We downgraded our 485 on Oct-2020. My wife started using her EB3 downgraded 485 EAD starting on Sep-2021. We applied for her H4 and H4 EAD renewal on Apr-2021 and it was approved on Oct-2021 (Approved for 3 years with I-94). Now my priority date is current in EB2. I am planning to file a new 485 in EB2? My attorney said, my wife, has to be on H4 status to file a new 485 in EB2. My wife doesn't have a valid H4 Visa. Her visa was expired a year ago. She has H4 - I797A approval notice valid from Sep-21 to Sep-24. If my wife uses AVR (Automatic Visa Re-Validation) via the CA-Mexico border then, will she be back to H4 status?

[LeoAugust]

Seems like a good news: https://twitter.com/USCIS/status/148...653451778?s=20

[amey111]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

[srisri]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

I don?t think it impacts immigration status, since you have approved H1 status with both employers. But it could be a legal issue with your new employer as you might have signed a document that you?ll work full time and will not work anywhere else.

[qesehmk]

Hello Experts,
This might be a bit off-topic here (please move it to another thread as fit). I am working on H1-B at my current employer, and also have my EAD.

I got another job offer and they sponsored my H1-B visa. I have the approved H1-B for my new employer and resigned today. My current manager wants me to work an extra week from my communicated last date due to a major release. I cannot (or do not want to) change my start date at my new job as it impacts my bonus.

Can I work for both companies for a week? I should be able to manage it, but is it legally allowed, or it will be a red flag on my immigration application and background checks?

Any feedback from the experts here?

Thank you.

You can work on multiple H1 at multiple places at the same time as long as none of those employers have you signed anything that restricts you from doing so.

Govt is ok with it as long as the employer complies with the wage and hours the H1 is approved for. All the best.

[idliman]

Hi Gurus,

I need your help

We downgraded our 485 on Oct-2020. My wife started using her EB3 downgraded 485 EAD starting on Sep-2021. We applied for her H4 and H4 EAD renewal on Apr-2021 and it was approved on Oct-2021 (Approved for 3 years with I-94). Now my priority date is current in EB2. I am planning to file a new 485 in EB2? My attorney said, my wife, has to be on H4 status to file a new 485 in EB2. My wife doesn't have a valid H4 Visa. Her visa was expired a year ago. She has H4 - I797A approval notice valid from Sep-21 to Sep-24. If my wife uses AVR (Automatic Visa Re-Validation) via the CA-Mexico border then, will she be back to H4 status?

Status and Visa go together. You need Visa only to enter the USA and you cannot apply and get a visa stamp unless you are outside of USA. If your wife applied and got a H4 approval, then her status is H4 (with an expiry date on I-94); AOS pending is a backup status and not active currently as USCIS had approved H4 after you had sent the first AOS for her. I don't know why you are applying for a new I-485. Seems to be the new trend. I am not aware of the advantages of new I485 instead of an intefiling.

If you want to work all you need is an EAD. H4 EAD or AOS EAD does not matter for the company. However make sure that you non-immigrant and immigrant status'es are compatible. I-485 is called Adjustment of Status. So it makes sense that you need to be in an non-immigrant status to be adjusted to an immigration status (PR or Green Card). Don't know much about AVR. Maybe others can comment.

IMO, once you have AOS, you do not need to maintain H4 status. AOS based EAD and AP are free and there is no application fee (USCIS fee) for that. Also it comes with other benefits such as 6 month automatic extension.

There are too many things to discuss for your current situation. I suggest you take your attorney's advice and if you need the merits of clarification for why things are done that way, please ask.

[qesehmk]

My attorney said, my wife, has to be on H4 status to file a new 485 in EB2.

Just adding to Idliman's post.

1) I think your wife is already H4 even now. Its dual status H4 + AOS pending.
2) I also think your attorney is wrong that she needs to be in xyz status to file a 485. No Sir. That's plain wrong. Anybody in any legal status can file a 485 which is nothing but a request to adjust applicant's status from whatever legal status s/he has to Permanent Residence status.

I am not an attorney. Get a new attorney and validate what I said and please do post back on forum. Wish you the best my friend.

[gansun]

Thanks Idliman and Q. I will check with different attorney and will update here.

[gammaray]

Just adding to Idliman's post.

1) I think your wife is already H4 even now. Its dual status H4 + AOS pending.
2) I also think your attorney is wrong that she needs to be in xyz status to file a 485. No Sir. That's plain wrong. Anybody in any legal status can file a 485 which is nothing but a request to adjust applicant's status from whatever legal status s/he has to Permanent Residence status.

I am not an attorney. Get a new attorney and validate what I said and please do post back on forum. Wish you the best my friend.

I believe the attorney is saying the spouse is not on H4 and in AOS pending after using the EAD. Since AOS pending is not a status and only "period of authorized stay" and is based on an existing AOS, you then don't have a basis to apply for a new AOS since there is no underlying non-immigrant status. OP needs to clarify with legal that the wife is in continued h4 status (though it would appear she is given h4 approval was the "last action" i.e. it was approved after using the AOS EAD).

[qesehmk]

I believe the attorney is saying the spouse is not on H4 and in AOS pending after using the EAD. Since AOS pending is not a status and only "period of authorized stay" and is based on an existing AOS, you then don't have a basis to apply for a new AOS since there is no underlying non-immigrant status. OP needs to clarify with legal that the wife is in continued h4 status (though it would appear she is given h4 approval was the "last action" i.e. it was approved after using the AOS EAD).

it seems although the approval came in october 2021 - the notice does say Sep 21. So it seems USCIS ensured her H4 status is uninterrupted. I think his lawyer may not have picked that up.