EB2-3 Predictions (Rather Calculations) 2015-2020

[Spectator]

Anybody noticed how USCIS dashboard is acting funny. Or is it just me?

Since when that site stopped working?

It's very disappointing.

It was last updated on October 23, 2014.

[qesehmk]

It's very disappointing.

It was last updated on October 23, 2014.

Such a pity Spec. I think when they revamped USCIS site - somebody forgot to take care of this piece.

[almost]

Gurus,
Apologies on posting in the wrong forum but I have a bit of a situation with my EAD renewal. I had filed for the renewal of my EAD/AP in early December (officially received 9th Dec) and this Saturday I received a notice from USCIs stating:

"After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all action has been completed"

I called the customer service and as expected they read through some kind of a script and were not of much help. Subsequently I spoke to the attorney and she is trying to call them and get more info.

An important detail is that my attorney stupidly forgot to ask me to send photos for myself and my wife and being tied up at work I didn't pay attention to the lack of the same either.

The scary thing is from verbiage it looks like they might have made a decision and since they didn't say they approved it I am fearing its a denial. My current EAD is valid till March 19th (No H1) and I am shitting bricks for a lack of a better term to describe my situation. My questions are:

1) Does anyone have any experience with this and knows what this means or could mean?
2) Given the lack of time on my hands to be in legal status what options do I have?

Any help would be much appreciated.

[qesehmk]

Gurus,
Apologies on posting in the wrong forum but I have a bit of a situation with my EAD renewal. I had filed for the renewal of my EAD/AP in early December (officially received 9th Dec) and this Saturday I received a notice from USCIs stating:

"After review, we have reopened the above application or petition, or reconsidered the decision previously issued. You will receive a notice under separate cover once all action has been completed"

I called the customer service and as expected they read through some kind of a script and were not of much help. Subsequently I spoke to the attorney and she is trying to call them and get more info.

An important detail is that my attorney stupidly forgot to ask me to send photos for myself and my wife and being tied up at work I didn't pay attention to the lack of the same either.

The scary thing is from verbiage it looks like they might have made a decision and since they didn't say they approved it I am fearing its a denial. My current EAD is valid till March 19th (No H1) and I am shitting bricks for a lack of a better term to describe my situation. My questions are:

1) Does anyone have any experience with this and knows what this means or could mean?
2) Given the lack of time on my hands to be in legal status what options do I have?

Any help would be much appreciated.

Your status is always legal - my friend - since I assume your 485 is already filed.

What is in jeopardy is your ability to work and earn Benjamin !! I am sure this will be resolved. It looks like a minor thing to me.

[almost]

Your status is always legal - my friend - since I assume your 485 is already filed.

What is in jeopardy is your ability to work and earn Benjamin !! I am sure this will be resolved. It looks like a minor thing to me.

Q,

Yes the 485 is already filed with PD of 1st May 2009. Thanks for the reassuring words. I am precisely worried about the ability to earn Benjamin and then offcourse being able to drive to get groceries at the bare minimum

Just wanted to see if there is someone who has dealt with this and what my options are at this point?

Thanks

Manzoor

[Kanmani]

Q,

Yes the 485 is already filed with PD of 1st May 2009. Thanks for the reassuring words. I am precisely worried about the ability to earn Benjamin and then offcourse being able to drive to get groceries at the bare minimum

Just wanted to see if there is someone who has dealt with this and what my options are at this point?

Thanks

Manzoor

Manzoor, I think it would be wise to contact your local congressman. I guess they would expedite the process or at least help getting an RFE instead of a straight denial ( if at all).

PS: Sorry, I have no personal experience on how to contact a congressman.

[imdeng]

01-May-2009!!! That sucks man!! So close yet so far.

My impression is that your legal status is AoS - which derives from I-485 - not the EAD/AP. So you are legal in the country - as in you will not accrue unlawful presence.

Not having an EAD affects your ability to work of course. I wonder though whether it only affects your "ability to show that you are eligible to work" and not the actual "ability to work" itself. Spec or Kanmani can throw more light here - but I am mentioning this because in 2013 we renewed our EADs and my wife's employer did not ever ask for new EAD even after the old ones on file were expired. We had to remind them to update the I-9 with new EAD information. Perhaps you continue to be eligible to work as long as your status is AoS irrespective of whether you have a currently valid EAD or not. The purpose of EAD is just to show to employers that you are currently eligible.

I myself never faced the situation because I have continued to be on H1B and have been keeping EAD/AP only as a backup.

Q,

Yes the 485 is already filed with PD of 1st May 2009. Thanks for the reassuring words. I am precisely worried about the ability to earn Benjamin and then offcourse being able to drive to get groceries at the bare minimum

Just wanted to see if there is someone who has dealt with this and what my options are at this point?

Thanks

Manzoor

[almost]

01-May-2009!!! That sucks man!! So close yet so far.

My impression is that your legal status is AoS - which derives from I-485 - not the EAD/AP. So you are legal in the country - as in you will not accrue unlawful presence.

Not having an EAD affects your ability to work of course. I wonder though whether it only affects your "ability to show that you are eligible to work" and not the actual "ability to work" itself. Spec or Kanmani can throw more light here - but I am mentioning this because in 2013 we renewed our EADs and my wife's employer did not ever ask for new EAD even after the old ones on file were expired. We had to remind them to update the I-9 with new EAD information. Perhaps you continue to be eligible to work as long as your status is AoS irrespective of whether you have a currently valid EAD or not. The purpose of EAD is just to show to employers that you are currently eligible.

I myself never faced the situation because I have continued to be on H1B and have been keeping EAD/AP only as a backup.

Now you know why the ID is almost

I am pretty sure that if the EAD gets denied or is pending then it may not be legal to work. The employers don't pay attention but I think they should as they can be held liable for this. I just pray to god that you are correct.

Thanks Kanmani. I didn't think about contacting a congressman but that is a viable option I guess. Just waiting on the attorney to get back to me after speaking to the L2 officer and see what information they get. Really pissed with them (and myself) to have forgotten about the pics...

[gcq]

Now you know why the ID is almost

I am pretty sure that if the EAD gets denied or is pending then it may not be legal to work. The employers don't pay attention but I think they should as they can be held liable for this. I just pray to god that you are correct.

Thanks Kanmani. I didn't think about contacting a congressman but that is a viable option I guess. Just waiting on the attorney to get back to me after speaking to the L2 officer and see what information they get. Really pissed with them (and myself) to have forgotten about the pics...

Agree, employer would be in trouble if there is an audit from DOL. They are supposed to have a new I-9 form with new EAD once old one expires. My employer does it every year.

[Kanmani]

imdeng, That doesn't work. We must not engage in any employment between the date of EAD expiry and new EAD.

Just go through the EVL- RFE we responded recently, it calls for continuous employment authorization (either h1 or EAD). I agree that people escape through non vigilant adjudicators.

If I were a adjudicator, I would catch the gap between the approval, and ask for pay checks to verify Howz that !

[iatiam]

imdeng, That doesn't work. We must not engage in any employment between the date of EAD expiry and new EAD.

Just go through the EVL- RFE we responded recently, it calls for continuous employment authorization (either h1 or EAD). I agree that people escape through non vigilant adjudicators.

If I were a adjudicator, I would catch the gap between the approval, and ask for pay checks to verify Howz that !

Kanmani, what do you mean by "continuous employment"? Does it mean you need to be employed without any breaks even if 485 is pending for more than 180 days? Is there a legal document which says this? Also, how much a gap in employment is tolerated by USCIS?

Iatiam

[Kanmani]

Kanmani, what do you mean by "continuous employment"? Does it mean you need to be employed without any breaks even if 485 is pending for more than 180 days? Is there a legal document which says this? Also, how much a gap in employment is tolerated by USCIS?

Iatiam

I said continuous employment authorization, if you are employed as a non-immigrant( includes continuous employment while H1b is pending which is authorized by AC21 rule. )

[iatiam]

I said continuous employment authorization, if you are employed as a non-immigrant( includes continuous employment while H1b is pending which is authorized by AC21 rule. )

Thanks, does it mean that gaps in employment can trigger 485 denial? What is there is a job loss?

I was repeatedly told by people that you can quit your job and not work while 485 is pending. How do you reconcile this discrepancy?

Iatiam

[EB2IndSep09]

Seems the H4 EAD rule got approved by OMB and the rule effective date is set as May 26th 2015.
http://www.uscis.gov/news/dhs-extend...nent-residence

p.s: Please move it to appropriate thread.

[qesehmk]

Thanks, does it mean that gaps in employment can trigger 485 denial? What is there is a job loss?

I was repeatedly told by people that you can quit your job and not work while 485 is pending. How do you reconcile this discrepancy?

Iatiam

I think Kanmani is only speaking about having work authorization for periods you are working i.e. not having any discontinuity while you are working.

You can of course choose NOT to work (whether you have work authorization or not) while 485 is pending and yet have 485 approved as long as the job offer exists.

[Kanmani]

I think Kanmani is only speaking about having work authorization for periods you are working i.e. not having any discontinuity while you are working.

You can of course choose NOT to work (whether you have work authorization or not) while 485 is pending and yet have 485 approved as long as the job offer exists.

Yes I meant exactly what Q has explained above.

If a non-immigrant is working - must have an approved H1b (or) pending H1b renewal (or) Valid EAD (or) L1 and other work authorisations

If a non- immigrant is not working- must have an AoS pending (or) dependent/derivative of any non-immigrant visa (approved or pending)

One cannot work based on pending EAD.

PS: Referring to Emp based applicants only.

[mechanical13]

Yes I meant exactly what Q has explained above....

Hey guys, sorry if this muddies the water a bit, but I am pretty sure there is a rule that permits inadvertent unauthorized stay or unauthorized employment.

So long as the total unauthorized stay/employment is less than 180 days cumulative, there is no reason for 485 denial.

The key word here is inadvertent i.e. unforeseen or unavoidable.

Examples:

1) Genuine oversight of EAD expiration date e.g. misguidance by the attorney or HR department

2) Illness that required an overstay of a VISA for medical reasons etc.


I don't think USCIS accepts blatant disregard very kindly though.

[iatiam]

Yes I meant exactly what Q has explained above.

If a non-immigrant is working - must have an approved H1b (or) pending H1b renewal (or) Valid EAD (or) L1 and other work authorisations

If a non- immigrant is not working- must have an AoS pending (or) dependent/derivative of any non-immigrant visa (approved or pending)

One cannot work based on pending EAD.

PS: Referring to Emp based applicants only.

Q & Kanmani,

Thanks a bunch. Its heartening to know that once 485 is pending for more than 180 days then you don't have to worry too much about "maintaining your status".

Iatiam

[YTeleven]

Interesting data pointers on GC backlogs from this H4EAD final rule document:
https://s3.amazonaws.com/public-insp...2015-04042.pdf

Look at the Table 3 & 4.

EB3 backlogs are 1/3 of EB2 backlogs (NOT I-485 but I-140)

These data pointers make me to re-iterate these points:
1) Eventually EB3 ROW will become current this year and stay in current for many years to come.
2) EB3-I will surpass the EB2-I PDs triggering EB2-I to EB3-I downgrades in near future.
3) Most importantly those who are filing EB2-I GC petitions today think twice and consider filing it in EB3-I instead.

[vishnu]

apologies for asking on this thread, ill delete once a few gurus respond

ead processing time is stated as 3 months

in your experiences, does it take the full 3 months?

[almost]

Kanmani, what do you mean by "continuous employment"? Does it mean you need to be employed without any breaks even if 485 is pending for more than 180 days? Is there a legal document which says this? Also, how much a gap in employment is tolerated by USCIS?

Iatiam

All,

Just an update. My attorney received an RFE asking for missing photos which, as I mentioned in my original question, were never asked for by the lawyer. The response is out already and should be delivered today. Thanks to everyone for pitching in and sharing their thoughts.

My question now is will the clock be reset for the processing time? If yes, then is there something that can be done to expedite it and if anyone has prior experience that they can share it will be helpful.

Thanks

[imdeng]

Very good points. Although, regarding point 3, I imagine downgrading is much easier than upgrading, so it would still make send to file as EB-2I and then downgrade to EB-3I when EB-3I runs ahead of EB-2I.

Interesting data pointers on GC backlogs from this H4EAD final rule document:
https://s3.amazonaws.com/public-insp...2015-04042.pdf

Look at the Table 3 & 4.

EB3 backlogs are 1/3 of EB2 backlogs (NOT I-485 but I-140)

These data pointers make me to re-iterate these points:
1) Eventually EB3 ROW will become current this year and stay in current for many years to come.
2) EB3-I will surpass the EB2-I PDs triggering EB2-I to EB3-I downgrades in near future.
3) Most importantly those who are filing EB2-I GC petitions today think twice and consider filing it in EB3-I instead.

[imdeng]

It often does not take full three months. Many people have reported (including me) a time of ~60 days. Although there are several examples of it taking almost 90 days as well.

apologies for asking on this thread, ill delete once a few gurus respond

ead processing time is stated as 3 months

in your experiences, does it take the full 3 months?

[geterdone]

Mass RFE?

I think mass RFE started around last week of May and the dates started moving in June? Do you think they will start issuing mass RFE early this year with the dates moving forward in each bulletin?

[raj888]

Mass RFE?

I think mass RFE started around last week of May and the dates started moving in June? Do you think they will start issuing mass RFE early this year with the dates moving forward in each bulletin?

If the dates move earlier, there should not be mass RFE. Since medical RFE is valid for 1 year, most of the folks who did their Medical (again or for the first time) would be under the 1 year expiry mark.