EB2-3 Predictions (Rather Calculations) 2015-2020

[jackryan041815]

it depends on capacity though, the limit for FB GC has not been reduced for this fiscal year because of ban. It is still the same and if they really were able to (in a world unaffected by COVID), they could issue all visas by ramping up processing speed. But like others, I agree that there will be some spillover. However, I doubt it will be the same amount we saw.

[mr00us]

A question. What multiplication factor is used in calculating ROW visa usage for EB1, EB2 and EB3 resp.? Like, 1 family uses how many visa numbers for these categories? Just trying to estimate spillover for fun.
Thanks

[mohan_jgd]

HI all,

I am in a bind and thought to put my situation here to get your inputs.

I have a PD of Mar-2011 in EB2 and we applied for I-485, EAD and AP in Oct-2020. We got all the receipts last week. We also had applied for my H1 and family's H4 extension by end of year 2020 as they are expiring in end of March 2021. We didn't apply for my wife H4-EAD renewal at the time as we had already applied for I-485 in Oct 2020 and also didn't expect that process would take so much time. Since it has taken so long to just get the receipts, hopes of getting the EAD by March 2020 are low.

As my wife's H4-EAD is expiring in the next 45 days, we are now thinking of also applying for H4-EAD on a hope/prayer that it comes within that timeframe ( I know H4-EAD processing times are equally bad but desperate time calls for desperate measures).

My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?

[SaibabaAug2010]

HI all,

I am in a bind and thought to put my situation here to get your inputs.

I have a PD of Mar-2011 in EB2 and we applied for I-485, EAD and AP in Oct-2020. We got all the receipts last week. We also had applied for my H1 and family's H4 extension by end of year 2020 as they are expiring in end of March 2021. We didn't apply for my wife H4-EAD renewal at the time as we had already applied for I-485 in Oct 2020 and also didn't expect that process would take so much time. Since it has taken so long to just get the receipts, hopes of getting the EAD by March 2020 are low.

As my wife's H4-EAD is expiring in the next 45 days, we are now thinking of also applying for H4-EAD on a hope/prayer that it comes within that timeframe ( I know H4-EAD processing times are equally bad but desperate time calls for desperate measures).

My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?

No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

[idliman]

HI all,
My question is would my wife's H4-EAD application hurt or have an adverse effect on her 485-ead application as essentially they are the same but in different categories?

Both are different and have different eligibility criteria. One is (c)(26) [H4] and another is (c)(9)(P) [AOS]. You are perfectly allowed to have a dual-intent non-immigrant H1/H4 or L1/L2 and an immigrant (AOS) petition at the same time. USCIS will treat them as separate petitions and adjudicate them based on the basis / evidence. If you are in a non-immigrant visa like F1/F2 (where you justified the consulate officer that you will return back to your country), then the moment you apply for AOS, F1/F2 will cancel. So, H4 EAD will not have an adverse effect on AOS.

[mohan_jgd]

Both are different and have different eligibility criteria. One is (c)(26) [H4] and another is (c)(9)(P) [AOS]. You are perfectly allowed to have a dual-intent non-immigrant H1/H4 or L1/L2 and an immigrant (AOS) petition at the same time. USCIS will treat them as separate petitions and adjudicate them based on the basis / evidence. If you are in a non-immigrant visa like F1/F2 (where you justified the consulate officer that you will return back to your country), then the moment you apply for AOS, F1/F2 will cancel. So, H4 EAD will not have an adverse effect on AOS.

Thanks idliman for confirming.

[mohan_jgd]

[/I][/B]
No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

We did receive bio-metric notices for our H4 extensions and they were finger-printed this week. I am hoping that eliminates the need for bio-metrics at-least for my wife's AOS application and possibly expedites in getting her EAD approved..

[longwaitgigu]

Thankyou for explanation
May be it's the anxiety of been so near and not able to get GC due to ROW CP, processing delays which could be solved by uscis if they start issuing RFE and biometric according to PD, eventually helping the backlog cleared in sequence and allowing no further retrogression specifically for eb3 as ROW demand will spike up as soon as April. Gcseeker has explained in trackitt if u check nuts and bolts thread.
If covaid cases and deaths go up ( which is could be solved by mass vaccination)then we can see decrease ROW CP demand or not able to process it.

[maverick2010]

[/I][/B]
No, I am in the same boat as you are in, the slight difference is we have applied H-1B / H-4 (& H-4-EAD) at the same time with H-1 premium and H-1 got approved in a week. The day my H-1 extension package was received by USCIS, receipt was generated and Biometrics was triggered for I-485, I-765 & I-539. Had we not applied H-1 extension , I doubt we would have received Biometrics as my receipt date on 485 is 11/16/20. So, if you apply for H-4 EAD and it might trigger Biometrics for your pending applications.

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

[FlowerPot]

Hi SaibabaAug2010,

Are you saying because of your H1B(+ H4 EAD) Premium application, your bio-metrics got triggered for your i-485 application that was submitted on 11/16/20? Don't you think it's a coincidence? If your H4 EAD bio-metrics got triggered at least it makes sense and can think that JB admin is doing something to alleviate H4 EAD extension grid lock.

Thanks!

We filed AOS for the family in Oct-20 and then applied for H1/H4 extension in Nov-20. H1 got approved within a month and exactly after 2 months (Jan-21), we got H4 FP, which we completed early this month and its been 3 weeks and no movement on her H4 (shows FP applied to case). Its interesting H4 FP req. came in within 2 months but AOS FP for family hasn't happened and checking with USCIS chat they neither scheduled FP for AOS nor applied FP taken from H4 to AOS case yet (hopefully they apply it soon).

[AceMan]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

[Kesid23]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

I saw that post on trackitt.
I thought it looked like it was maybe a troll message? Too good to be true?

[may2011]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

[may2011]

It has been reported that few EB2 candidates from 2011 got their GC this month. Are we looking at a one year movement for that category next month?

Could not resist!!! When are the aayas going to be gayas?

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

[nbk1976]

AC21 is only allowed if you work in a job which closely tracks with the original job offer. So you can't go work in a gas station or something else because the new employer has to provide a I-485J attesting to the fact that the new job is similar to the original one. So you are a 'free agent' but you can only play within the same sport for another team, you cannot switch to another sport .

My lawyer said that from his experience, the USCIS is extremely lenient about the "same or similar" requirement. So for example, if you have a PERM for being a college teacher and worked as a chef, it might not work, but if you switched to *any* role within the education industry, you will be fine. For example, you could be a textbook editor or instructional designer, or teach a totally different subject from what you were hired for, etc.

[qesehmk]

My lawyer said that from his experience, the USCIS is extremely lenient about the "same or similar" requirement. So for example, if you have a PERM for being a college teacher and worked as a chef, it might not work, but if you switched to *any* role within the education industry, you will be fine. For example, you could be a textbook editor or instructional designer, or teach a totally different subject from what you were hired for, etc.

This is absolutely correct. The reason is simple - their resources are better utilized going after true fraud cases which there are plenty and illegal immigrant related cases which are tens of millions. There is no point going after legal immigrants who simply may have committed a technical offense.

If you think about it Market automatically takes care of ensuring that you do a job that you are skilled to do. So USCIS should have ZERO interest in enforcing the "same or similar" mandate.

[AceMan]

I saw that post on trackitt.
I thought it looked like it was maybe a troll message? Too good to be true?

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

I recall my discussion with another user few years back on trackitt where he got his GC in error before his date was current. He took lot of pain and spent company money on the lawyer to return the GC. However when USCIS issued a new GC the expiry date again matched the date of the original GC he was issued.

So it is very obvious USCIS don't give rats... to the days. It is only extremely vigilant backlogged guys like us who are particular about it.

[android09]

If that's the case, isn't it an error on USCIS' side?I have heard about people getting RFEs when their PD is about to be current..but getting a GC seems like an error

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?

[may2011]

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?

That makes sense..folks with PDs before May2010 have been submitting medicals every 2 years I think

[may2011]

I recall my discussion with another user few years back on trackitt where he got his GC in error before his date was current. He took lot of pain and spent company money on the lawyer to return the GC. However when USCIS issued a new GC the expiry date again matched the date of the original GC he was issued.

So it is very obvious USCIS don't give rats... to the days. It is only extremely vigilant backlogged guys like us who are particular about it.

True..we dot our it's and cross out t's.I hope USCIS ramps up its processing..the wait has been agonizing

[smuggymba]

That makes sense..folks with PDs before May2010 have been submitting medicals every 2 years I think

No. I filed in 2012 and only submitted the medicals then. Only ppl in early 2009 who were close to getting current in the past have gotten RFE's and submitted medicals. later 2009/2010 folks haven't been contacted since 2012 it seems.

I'm March 2020 EB2 - no RFE so far or ever in the past. TSC.

[may2011]

No. I filed in 2012 and only submitted the medicals then. Only ppl in early 2009 who were close to getting current in the past have gotten RFE's and submitted medicals. later 2009/2010 folks haven't been contacted since 2012 it seems.

I'm March 2020 EB2 - no RFE so far or ever in the last. TSC.

Thanks for the clarification!

[maverick2010]

Getting an RFE does not mean your case is going to be adjudicated right away. While there are implications regarding financial costs of Medicals for a family, it could imply perhaps processing is going to be imminent in the next few months?

Based on trackitt numbers, it does look like USCIS is issuing bio-metrics appt based on I-485 application received date.

If USCIS is anticipating forward movement for EB cases, wouldn't it be prudent for USCIS to send bio-metrics appt for Oct 2020 filers based on Priority Date rather I-485 Received Date? EB3 got moved until end of 2014 in Oct 2020 and there will be lot of wastage if USCIS continue to issue appt based on Received Date.

[delguy]

Thanks for the detailed reply...I had tried to research before posting but couldn't find the complete answers.

Just a couple of quick follow ups:

1. Fragomen provided the same reason - that they don't have the original application and so can't apply in PP. However, the application was sent the normal route. Job/company/location are all same. Once we get the receipt notice, should I push for sending a request for PP update?

2. Still not clear about the whole 'free agent' and 'work in the "GC" job that you and employer signed up for after getting GC' part. I will try to look up AC21 guidelines.

Regarding 1. One of my friend has exactly same situation. Working for same employer and downgraded to EB3 in October, Fragomen filed his I-140 in regular and after he got the receipt, converted to PP. He already got his I-140 approved too in PP.

[greenjpr]

Hello Gurus,
I am a longtime silent follower and really appreciate all GURUS here who are helping others. If you have few mins, could you please provide your comments for below questions?
My PD is EB2 June 2010 and I filled 485 during Oct-2020 and I already got my EAD 2 weeks back.

During my Oct-2020 I485J, Our attorney filed I485J with the SOC Code as 15-1122 which stands for Computer Security Analyst [https://www.nj.gov/labor/lpa/employ/.../cape_ind.pdf]. After 14 yrs work with the same employer[ same end client], I moved to an Architect role. This was mentioned in I485J within the description section along with old job title as Sr.Security Administrator.

Currently I have direct job offer "Director - IT" from end-client where I am currently working for the past 14 yrs [all my 14 yrs H1 life is with this one single client ]. Due to resource consolidation, the end client is pushing me to join as a direct employee asap. I have explained the 180 days rule and they are ready to hire me by April-May 2021 timeframe.

Questions:

1) If I keep staying with my current employer [as Technical Architect], will the existing I485 will have any issues in approval stage since my SOC code and my current title is not matching?
2) If I move my job and join new employer as "Director-IT" title, will it cause any issues to my I485 approval? [It is same job role with a different tittle]
3) If I decided to move on EAD[ new employer wont sponsor H1B or GC], what docs do I need to keep in handy? [ I have my I140 copy and PERM advertisement copy. Do I need Labor[PERM] copy or any other docs?]
4) Since we applied I485 and I485 by October only, will they ask I486J again if the date moves to current by June-July timeframe? [ New Employer is ready to provide I485J].

I really prefer to get the GC and then move my job as it is always safe. However, my dilemma is not to miss a management role.

If the new employer is not ready to wait for another 6-8 months delay, I may need to join by April-May 2021 timeframe.