I485 Information, details and scenario playout

[AceMan]

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.

If your employer does not allow you to upgrade your petition, you have nothing else to do. Company did a big favor in allowing you to downgrade. When you applied for GC, you were qualified with skills required for EB2 and it excluded lot of candidates who would otherwise have qualified for the job in EB3.

I had presented this possible scenario early this year, but few members felt I was disrespectful and inconsiderate to the people who wanted to downgrade and their chance for getting an EAD. EAD without approved 140 is basically an useless document.

I think you should have patience and see when your Eb3 140 downgrade is approved.

[qesehmk]

Thanks for the reply!. They are not willing to do (even if I pay),their point is we already did a big favor by letting you downgrade, basically not my job kind of attitude in big company environment. I have been trying for the past 6 months with no use.
I am at a point of leaving the company because of this, but wanted to see what is the best path for me rather than taking an emotional decision.
I am expecting my I140 (SRC) to take around an year to get approved in regular processing and then my I485(SRC again) processing would start. I am thinking may be it is better to apply in Eb2 which would probably go to MSC where things are a lot better in terms of processing times.

Just a general career advice to you and anybody else who finds it useful. In USA if you treat your employment as a 2 way street then you have better chance of success. Neither you are doing them any favor nor they should be thinking they are doing any favor. If this is the limit they are willing to go for you then it tells you that the career ahead of you doesn't have significant upside remaining and you need a different employer at a suitable time.

No point in getting angry or hurt. Just accept this reality and move on when suitable point in time arrives. All the best.

[Zenzone]

Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.

Makes sense to me. Good Luck!

[Waiting4GC]

People these are exatly my thoughts. I 100% agree with positive.



I gotta to say that I am sometimes ashamed that we Indians have no self respect. Compared to our education and money power we seem to have almost no fighting spirit. Any other community so oppressed would go and knock doors of supreme court and knock all TV channels (which are paid by the way ... and so it is so easy to make yourself heard). Go create a lawsuit that will have merit. All you have to do is - build 10-20 cases that will show that those those specific backlogged folks suffered material damage to their careers and/or life because USCIS failed to utilize visas. Spend money even if you are not one of those people. Because it will help you in the long term. Build advocacy that is separate from IV who have damaged themselves permanently by aligning politically with right wing anti immigrants. So I am not going to put faith in IV anymore. But I can't believe that among a million desi backlogged people - some of whom are C level people - earning 1M plus - we can't find people with courage to do proper advocacy. Shame on you.

So true. I guess we tend to think that we get what we deserve instead of fighting for what we deserve. On top of it, a sense of constant fear and lack of available support systems make us what we are.

[Positive]

as shared there is no law that all the available GC numbers should be used and allocated in a year, so we can't sue on that aspect. Not sure why all groups that were trying to get the bills passed or lobby like IV and others why are try silent and not putting some pressure and following up to see that the numbers get used and allocated when we have the abundance. Not sure why everyone is so quite on that aspect.

While there is no law requiring USCIS to use up all numbers, the law does require that USCIS accept I-485s as long as visa numbers are immediately available. If hundreds of thousands of visas are expected to remain unused by the end of the fiscal year, visa numbers continue to be immediately available for everyone by the same token. In legalese, it's called putting a squeeze on interpretation of a statute. If you make one argument then you cannot run away from what logically follows.

[chandukechacha]

If your employer does not allow you to upgrade your petition, you have nothing else to do. Company did a big favor in allowing you to downgrade. When you applied for GC, you were qualified with skills required for EB2 and it excluded lot of candidates who would otherwise have qualified for the job in EB3.

I had presented this possible scenario early this year, but few members felt I was disrespectful and inconsiderate to the people who wanted to downgrade and their chance for getting an EAD. EAD without approved 140 is basically an useless document.

I think you should have patience and see when your Eb3 140 downgrade is approved.

Just a general career advice to you and anybody else who finds it useful. In USA if you treat your employment as a 2 way street then you have better chance of success. Neither you are doing them any favor nor they should be thinking they are doing any favor. If this is the limit they are willing to go for you then it tells you that the career ahead of you doesn't have significant upside remaining and you need a different employer at a suitable time.

No point in getting angry or hurt. Just accept this reality and move on when suitable point in time arrives. All the best.

Thanks for your insights!. Really appreciate it!. And yes there is no progress on the career perspective too, I was just staying put for immigration purposes.

[knighthood83]

Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?

[andhraguy]

Just got the mail, RFE is for medicals and it is from FO. I think this is what I will have to do - get the sealed I-693 again from the doctor and ship it with the RFE letter and forget about the sealed I-693 that I FedExed earlier this month. I will really appreciate if someone can provide the feedback on this approach.

@PDAUG2011 - I had very similar satiation. Got RFE for myself, submitted medicals for both me and my wife with RFE response. Few days later I received Medial RFE for my wife. Can't answer why. Resubmitted a new medical for my wife.

You should get new medicals from doctor and submit. Only thing i would suggest act fast don't delay.

[PDAUG2011]

@PDAUG2011 - I had very similar satiation. Got RFE for myself, submitted medicals for both me and my wife with RFE response. Few days later I received Medial RFE for my wife. Can't answer why. Resubmitted a new medical for my wife.

You should get new medicals from doctor and submit. Only thing i would suggest act fast don't delay.

Thanks, andraguy!

Will go to doctor's office as soon as his staff gives me date and time and will ship the packet from there itself (good thing is doctor's office and FO are in same city, hopefully that will save a day).

[LightAtEndOfTunnel]

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long as vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the backlog, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required to do by law, expecting to get legislative or executive action is foolhardy.

Exactly my thoughts, a bird in hand is worth two in bushes. Just expecting things to take shape of their own and not taking any action has exactly 0% chance of success. Everyone sees this at their work and even real life but just remain so oblivious to it.

[MeraNumber09]

Got to know from Emma today that my case has been transferred to the local field office on 6/16 from the national benefits center . Interestingly this happened 2 days after I received the 485J notice which was mailed out on 6/14. My PD 10/08/2010 EB2I. What is the significance of the case reaching the field office?

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

[knighthood83]

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

Live chat. Got it crosscheck 3 times with live chat. Gurus what is the significance of the case going to field office?

[Zenzone]

Did you chatted with a real rep behind EMMA or the virtual assistant can look up status based on receipt number?

Have you received your Med RFE yet? I think if not your FO issues it and may adjudicate after you respond.

[knighthood83]

No I submitted my medicals in Oct 2020 last year. I have submitted everything they need

[qriousjunta]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

[monsieur]

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

You already have deferral for 3 months; wait till last min and accept offer if this is what you like/want. You already have AC221 protection and GC will also come right around or just after you start new job. All the best!!

[sstest]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

Not a guru but I will take a stab at it. I feel answers to such situations are always going to be subjective given so many variables:

(I am in a similar situation myself BTW)

- offer details (Comp career progression)
- current comp details / your satisfaction level
- current estimate for getting GC
-- As you can see through pages and pages of discussions here and elsewhere, so many variations on USCIS side - service center / AO / field office / things getting lost, queue order changing, positions of stars probably
- How much you personally care about filing I-485J proactively / staying at the current job for 6 months after GC

I could probably add more factors but the point is that it is something that each one of us will have to decide for ourselves. I feel it's a matter of what tips the scale for you and in which direction.

Personally, If I get a dream offer tomorrow that will substantially change the quality of life in 2-4 years from now, I will move and use AC21. Otherwise best to simply stay put and patiently wait for this to be over.

More knowledgeable folks here may correct me but I think you are right around the corner and should get your GC within the next few months(2-4) if everything goes ok.

Good luck and godspeed.

[Turbulent_Dragonfly]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

[Zenzone]

I think looking up the GC approvals on telegram or other scraping data wont really tell you much. From what I have read your local Field Office (FO) makes the final decision and approves your I485. The MSC receipt numbers around your receipt no. wont be for the same field office. And when your I-485 gets approved depends on the processing speed of your local FO. I think greencardly is the best bet to get some estimate as they have a breakdown of I485's processed by each field office.

Couldn't agree more. I think as a rule of thumb the FO that sends you the medical RFE (if you hadn't filed it with the original application) will be a more pertinent harbinger of how things will move and how fast. Even otherwise its fair to assume your FO processing times impact your case more actively as such.

[bangaloreboy]

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

Agree totally with you here. I also appreciate your suggestion of expediting EAD. I have a job offer but no EAD yet. The job offer is contingent on me getting EAD or GC. You never know what turn market might take 6 months after GC approval. The employers financial situation might change, or they might fill the position with someone else.

[qriousjunta]

My take on this type of situation is as follows and others can correct if they disagree:

If I am past 180 days, I would rather file a Supp J and move to a job with better career prospects than wait for a GC with the current employer and then fret about staying with them for another 6 months to avoid scrutiny during naturalization.

In fact I would consider the post 6 months past I-485 filing to receipt of Green Card as an absolutely golden period to make career changes if available because you have an opportunity to start afresh with a new role and new management and colleagues if you are jaded by your current job and not worry about hanging on another 6 months if you get your GC with the current employer. That too especially if it's in the same MSA where you, your spouse and children don't have to uproot and leave behind friends, school, social links, it should be a no brainer.

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

[Zenzone]

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

[Turbulent_Dragonfly]

Thanks for replying and sharing your view "Turbulent_Dragonfly".
I agree that changing immediately after filing I-485, buys time to accrue ~6 months record in paper to show the good intent to become a citizen.
I believe this is very true and mostly applies to pre-pandemic wait where the final action dates were stalled ( example : EB2-I FAD never ever moved beyond March 2010 ) .
With the current 2021 FAD movement and clear path to EB2-I past 2010 , makes me think a little different, that the chances are very higher and light(GC) is at the end-of-the-tunnel(wait). -help me correct otherwise.
The other cons I learned after discussing with the attorney / immigration team at potential new employment were that, it is very hard and need extreme co-ordination if there were any RFE's or administrative errors filed by previous attorney who represented the then case G-28.Which gives me jolt and makes me think twice. But not sure what they exactly mean and what may/could go wrong.

Thanks again for replying.

You filed last Oct. If there were any administrative errors by previous attorney, your case would already have been rejected after initial receipt. In fact you even have your EAD in hand! You are a free agent now and all that you should be needing to do is filing I-485J if you want to move to a new employer. The attorneys will anyway just file a new G-28 and further communication will come to them and not the old attorneys. The only extreme case is if your previous I-140 is revoked for fraud or misrepresentation the chances of which are remote not knowing the company you work for. Just FYI, if the underlying I-140 is revoked, the I-485/I-131/I-765 are all void.

[qriousjunta]

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

Very true !!! Agree, It is not coded and that is one last thing to worry about now.

[andhraguy]

I think the case of scrutiny during naturalization is not coded in law. As long as, you moved to similar job after you get your GC and stayed in it for 4-6 months per se, you can easily establish intent even if that becomes a case to begin with during naturalization. Don't take this as legal advice, its rather my observation from seeing friends/family who went through a similar pattern and got naturalized without any hiccup.

Sharing something from Murthy's for reference -

If the USCIS believes that the beneficiary did not intend to remain in the sponsored position, the USCIS could try to rescind (i.e., revoke) the green card altogether. However, the USCIS typically can rescind a green card only within five years of its issuance. In many cases, the USCIS does not learn that a foreign national quickly moved to a new employer until the individual files an application for naturalization (form N-400), which often does not occur until more than five years have elapsed since the green card was issued. This is one reason that rescission based on a job change is rare.

@Zenzone - We don't have to stick to the current employer for *another* 6 months after getting green card. Good point to know. Thanks for sharing. ��