I have gotten over the obsession of waiting for a VB in the second week. I know it makes practical sense for some from a filing timing perspective, but in general if they are being released once every four weeks, what difference does it make when it?s done so?Originally Posted by cancer24
Lets hope our wait is over...
Ace,
Good to read your positive post with a cup of tea first thing in the morning! Apna number jaroor ayega! Good things come to those who wait!!
Aane key baad hum kis cheese pey phaalthu jagda karega? 😀😀
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
"I never got the logic of why people are upset at EB1C getting their GC quicker. In fact the time lines taken for EB1 should be the timelines we should have for EB2 and Eb3. I don't want another person after me to wait for 10 years. Having said that, I can safely say that waiting for my GC made me determined to focus on the work front much more than a person who had a GC (safe net)." - That has been the fundamental wisdom and mantra ..of this group..all along...Focus on your Career and personal life events more than this GC... And I am totally onboard with people getting GC in EB1 or whatever opportunities come their way to get GC faster...I sometimes feel sad that this whole process is pitting battles within us...
You made a pretty good buck out of the deal... Happy for you... I thought you applied for AOS with these recent date changes. No? If you are fresh looking out for new houses and if you have a chance...I would suggest an investment in Austin...Again this will become a distraction from our predictions ...perhaps a separate thread for investment opportunities/suggestions thread wouldnt be bad idea....
Happy Friday all!
V
Can you PM me the details.
PD: EB2I 24 Dec 2009,EAD/AP 1/7/21
Yes I applied for AOS in October 2020 as you can see from my signature. I anticipate the GC to happen either in 2021 last quarter or some time in 2022.
Trust me, while I can say figuratively I got richer by a good amount, we did not have a pleasant feeling at home as my wife felt we let go of something very personal and my house hold feels like we have lost a family member. Even my mom and in laws adding their spices on what prompted you to sell it when there is no real need and I was getting 2300 $ a month? I am made to feel like the person who killed the golden goose.
That's why I said, I can strive in a GC argument, but right now I am not in the right state of mind to discuss about investment.
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
The feeling of database base responding to your query, to return a tricky result, tinkering with the query to get the result faster, quicker. That was the ultimate joy I ever felt in my entire programming career.
I would have enjoyed working with USCIS to effectively map the results based on A numbers.
run the query chart to push more numbers adapting the Airline reservation system where they plan and ensure no seats are vacant on a flight, and slip in a bug in the code like the guys who did the round off change in the movie Office space, so the spill over is tilted towards the backlogged people. Highlight the downgraders on bold allow their release only after them yielding a month behind EB3 with corresponding dateCome on this is my wish list, my rules !!!!
That would be my dream rewarding job irrespective of the money.
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
LOL! I like the way you are thinking...but there is just one problem! The USCIS is satanic and a sadist organization, and the last thing they desire is efficiency, fairness and a proper utilization of all visa numbers.The feeling of database base responding to your query, to return a tricky result, tinkering with the query to get the result faster, quicker. That was the ultimate joy I ever felt in my entire programming career.
I would have enjoyed working with USCIS to effectively map the results based on A numbers.
run the query chart to push more numbers adapting the Airline reservation system where they plan and ensure no seats are vacant on a flight, and slip in a bug in the code like the guys who did the round off change in the movie Office space, so the spill over is tilted towards the backlogged people. Highlight the downgraders on bold allow their release only after them yielding a month behind EB3 with corresponding date
That would be my dream rewarding job irrespective of the money.
And forget about "transparency". If you even utter the word, they would be outside of your house with pitchforks.
Friends, I have been a long term follower of this forum. I bookmarked this thread for over 8 years now and followed pretty much every single post/discussion here. First of all, thank you everyone for the analysis, debate, advise, and motivational stories. You all have inspired me to stay focused and not to lose the confidence in GC process.
Like many of you, I came to this country 16 years ago and on GC path for over 13 years now. Finally, I have received that magic email from USCIS yesterday. Both me and my wife's 485 got approved.
Thank you everyone of you who made tremendous contribution to this community. I used to call this thread is "Bible of GC process". I stick to my words.
I am not going to miss you all as I will continue to read these messages. I am not good at analyzing GC process but I will try to contribute back to the community if I could or else I will learn something out of it.
Last but not least, I wish everyone all the luck and get greened sooner.
Here is the timeline:
EB2 I - PD 09/11/2009
Applied in 2012. Since then on EAD (No H1). We have decided to stay on EAD only and go back to India if rejected.
RFE in 2014 and 2016.
Current again in November 2020.
Congressional inquiry on 3rd week of November. Response received within a week - Waiting for an adjudicating officer.
RFE received on Jan 5th 2021 (Medicals, 485J, Geographical information)
Paper copy received on Jan 14th 2021. Medicals done next day.
Response for RFE sent back on 1/22/2021. USCIS received on 1/28/2021.
Received receipt number for 485J on 2/3/2021
Approval notice for both 485j and 485 (both me and my wife) on 2/11/2021.
Congratulations, Samada! It's been a long time coming!!
Congratulations!
I have a query about downgrading and interfiling.
My PD is May 2011 and I have applied for AOS (Under EB2 ) in Oct 2020.Still waiting for the receipts. Spouse is on H4 EAD and waiting for approval.Due to processing delays for H4 EAD, we are planning to use GC EAD for spouse (provided we get it ).I have the following questions. I tried to find answers , but am still confused;
1)If I maintain my H1B and my dependent uses GC EAD, can I downgrade to EB3 incase it becomes current before EB2? From what I understand in order to downgrade, one needs to maintain their H1B.Once they use their GC EAD, they are tied to one queue.
2) Is downgrading same as interfiling?If not, what is the difference? I read about some cases where someone's PD is current under EB3, but they are not downgrading due to delays and risks.
Thanks
Hi Gurus,
Need some help and advice. Today I have received the RFE Documents for both myself and spouse. The questions were typical like G-325, Medicals and proof of EAD's. There is one question that threw some possibilities and options to me. Just to give the context, I did change jobs in 2020 Feb and applied for Supplement J and it was approved last week (Feb 2021). The one question that RFE asks for me is "Upon becoming permanent resident do you still intend to be employed by your company?, if not, please submit completed supplement-J". Now while this is a straight-forward question, this left me with few options as I was in discussion with a big consulting firm to move. The current timeline for responding to RFE is 05/09. My discussions with the new company may not materialize or finalize till close to end of April. With this, I have few questions and your wisdom is highly appreciated.
Option 1 : Include supplement J as part of my discussions with the new employer and make sure I get it some time between March/April and respond to RFE with all those documents.
Option 2: Respond to RFE without supplement - J, as no supplement-J was asked if I stay with my current company. In case, I am close to switching later in April, file supplement J separately
Option 3: Dont supply supplement-J at all, let the process with the new company go as it does and respond to RFE and if I get current in May(Feb 01 2010 PD), get GC
Option 4: Delay the new offer as much as possible to later part of the year and get greened first and then switch
What are the implications of not filing supplement -J and getting GC and then switching immediately? would it amount to lying to USCIS and would it cause issues later if I want to naturalization etc. ?
Thanks for all the advice and help.
EB2 or EB3 status is based on the classification in I-140. The same PERM can be used for both EB2 and EB3 if they meet the criteria. That?s why if you stay with the same employer at the same job at the same location it is easy to downgrade from EB2 to EB3.
If you are in H1B, you will would already have one approved I-140. Then you can either choose to file a new I-140 or do an amended I-140 to downgrade from EB2 to EB3. If you have two separate I-140?s, then you will choose whichever PD becomes current and then file your I-485. So yes, you will have to maintain your H1B or L1 status to go and file I485.
Once you use EAD for work, you go into "AOS Pending" status. You cannot file a COS to move back to H1B. You need to go out of country, get a H1B stamp at the embassy and answer some questions on "Dual intent" at the embassy.
When you are in "AOS Pending" status after using EAD, you will not be able to prove your underlying status (H1B or L1). Whereas if you are still on H1B then you can apply for "Change of Underlying Basis" or "Interfiling" to move back and forth from EB to EB3 and vice versa.
"Interfiling" is what you do after I-485 has been submitted. Anything you do before filing I-485 is downgrade or upgrade. You can also file I-485 simultaneously / concurrently with I-140 downgrade / upgrade.
"Interfiling" is more general. You can move from dependent to primary and also from FB to EB.
Hope this helps.
LPR Since 07MAY2021
Thanks a ton! Your explanation helps a lot!
Congratulations!!
Discussed with someone with considerable experience over the weekend and the suggestion was to go with the current state as there is no new offer. As of now the idea is to respond to the RFE without supplement - J and then if a new offer comes, whenever it comes, just before joining, file a supplement-J independent of the RFE response. By the way, I also going to discuss with an attorney this week and post their views as well.
Related question, would be great if someone can explain:
Let's say a family travels to India in summer. Primary travels back to US alone in July with H1-B visa stamp (valid up to Sep 2021). Dependents travel back to US later in August (no valid H4 visa stamp) and use EAD at immigration (EAD/485/AP - applied in Oct 2020).
1. Would that change the status of primary also from H1-B to EAD ("AOS Pending")?
2. If primary's status remains H1-B then how does status change after Sep 2021 for primary? What date would be reflected on I-94 post Sep 2021?
3. What would be date on I-94 for dependents?
Congratulations. Great to hear about this.
Congratulations !Good news !
PD EB3-I 10-28-2010; RD 10-23-2020 LPR 08-26-2021
I would like to check with the experts here what they think of my situation regarding dependents
My spouse is currently working on H1-B ( has PD of EB3-I May 2009 but left the employer who sponsored)
Currently she qualifies for EB1/EB2 NIW but current employer will file GC only after 3 years of employment
We both received EAD cards this month based on my application.
She is in process of joining a new employer and they have started the process of applying H1-B for her.
1) If she takes the new employment using the EAD , can she go back to H1-B if something goes wrong with I-485 application that was filed based on my employment.
For past 18 years we have kept our legal statuses separate and we are wary now to become dependent on the each other status.
2) If her employer agrees to apply for her GC ( PERM and I-140), will we file I-485 again or will we both interfile the I-485 case moving me from primary to dependent.
PD EB3-I 10-28-2010; RD 10-23-2020 LPR 08-26-2021
1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.
2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".
3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.
These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.
I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:
LPR Since 07MAY2021
Hello Guys,
I filed my EB3 Downgrade application (PD - Dec 2012) on 12/18 (reached TSC on 12/21) and have not heard anything after that. The checks have not been cashed yet. The only confirmation I have of the application is the tracking number. Can anyone please guide on what steps they took as it would be 60 days since application was received with no receipt numbers (whoever was/is in similar boat).? If I call USCIS Contact Center:800-375-5283 or Chat with Emma, what information could I provide other than the tracking number.?
Also off topic on H4 and EAD, my spouse's H4 and EAD applications are in process (Change of status from H1 B to H4) since May of 2020 with no update. Have called several times, raise a couple SRs to be only told that the biometric were requested but USCIS cannot control local ASCs and cannot provide when we would receive biometric application. Any advise on what could be done here.?
Thank you much;
Hi,
I applied in Oct 2020, no downgrade .Still haven't got the receipt. My application was sent to the Texas lockbox.I don't know what we can do.
With regards to H4 EAD, there are long delays.Spouses application is pending since June. Its frustrating. Unfortunately there is nothing we can do.I really doubt their capacity to process so many applications
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