EB2-3 Predictions (Rather Calculations) 2015-2020

[almost]

No, I am a few days behind you. Also I am not even sure if my date will be current later this year. I would advise you wait till you become current or till you have few days left to reply to the RFE; before you send in your reply.
This way you have maximized your time for the validity of the medical reports (they are valid for an year after USCIS receives it). Good luck. I would advice also filling for your EAD renewal. RFE does NOT guarantee that you are going to get current soon. Also not sure whether you need to file form J. I would not do it if they have not specifically asked for it. Others can chime in.

Thanks Shekhar. Spoke to my lawyer (Murthy lawfirm) and he seemed to hold the view that the RFE should be responded to asap. I tend to agree with that as the date will become current in the next few months, worst case immediately into the next year (barring anything crazy happening offcourse). Also, the Jr attorney, who I discussed the matter with, held the view that I should file a form J (which hasn't been asked for) and I am still not certain on that.. especially with some applications running into needless complications. Any ideas anyone?
Thanks

[HarepathekaIntezar]

Thanks Shekhar. Spoke to my lawyer (Murthy lawfirm) and he seemed to hold the view that the RFE should be responded to asap. I tend to agree with that as the date will become current in the next few months, worst case immediately into the next year (barring anything crazy happening offcourse). Also, the Jr attorney, who I discussed the matter with, held the view that I should file a form J (which hasn't been asked for) and I am still not certain on that.. especially with some applications running into needless complications. Any ideas anyone?
Thanks

If Attorney is satisfied with the way Sup J is filled out and signed, then there should be no issue. I have had a successful experience with Murthy on my case. If I were you, I would prefer to mail in the responce to the RFE in the last 15 days of its due date.

[Jagan01]

Good luck to all who are current from today.

After several years of wait, I am current again. Reminds me of the days when I last got current and was comparatively young

[gs1968]

I'm afraid that I am probably posting in the wrong thread but I am looking for advice regarding recommendations for immigration attorneys. I'm working on getting a green card for my mother and as a long term member of this forum, I value the advice of fellow members very highly. It is a fairly straightforward case and she already has an approved I-130. Please help if possible

[HarepathekaIntezar]

I'm afraid that I am probably posting in the wrong thread but I am looking for advice regarding recommendations for immigration attorneys. I'm working on getting a green card for my mother and as a long term member of this forum, ****alue the advice of fellow members very highly. It is a fairly straightforward case and she already has an approved I-130. Please help if possible

IF I-130 is already approved and you have sufficient income proof, you don't need an attorney. But if you want to go through an attorney, Murthy is as good as any.

[Prabhas]

Guys,

I know I am posting in a wrong thread but for obvious reason that it gets the highest attention. My spouse went for H4 visa stamping on 25th June, 2018. I used Receipt # EAC : XX which is valid till Nov, 2018 under principal applicant info at the time of submitting DS-160 application. I booked a visa slot ( as the slots get filled on first come first basis ) during the month of April, 2018 . DS-160 forms cannot be changed once they are submitted. I got a new H1-B renewal in the month of May, 2018 which has a new validity until Jan, 2021.

We totally forgot that my spouse DS-160 had the old receipt # which is only valid till Nov, 2018 and all the while I made sure that she carried the new I797 and show the new I797 to the consular officer but didnt realize that we have to update new receipt # which can normally be done during finger printing at VFS services. At the time of interview the consular didnt ask for the new I797 and she asked a simple question and approved the visa. My spouse has the Visa stamped with validity Nov, 2018.

This raises a scenario similar to SKPanda's. Will there be an issue at the port of entry with the visa stamped validity vs the New I797 ( I94) validity which is till Jan, 2021. What should we explain the POE officer so he gives us the I-94 with new valid dates? Irony is I responded to SKPanda's situation with a suggestion not realizing that I could run into something similar.... ...Heck Lord...not sure when we will get out of this h1-b limbo!!12yrs and still continues... Appreciate your any suggestions and also admins , please feel free to move this post where it fits.

V

[Jagan01]

Question to Gurus and other experienced people on this forum.

My PD is current and I was wondering whether it is a good idea to call USCIS and raise an SR stating that it is outside processing time. Any inputs that you guys can give about the best way to handle this situation. Whether I should take infopass appointment ? raise SR ? or just wait for my application to be picked ?

[iatiam]

Question to Gurus and other experienced people on this forum.

My PD is current and I was wondering whether it is a good idea to call USCIS and raise an SR stating that it is outside processing time. Any inputs that you guys can give about the best way to handle this situation. Whether I should take infopass appointment ? raise SR ? or just wait for my application to be picked ?

Have you received and RFE, yet? If not, give it some time say 1-2 weeks and then contact your congressman/woman

Iatiam

[YTeleven]

Guys,

I know I am posting in a wrong thread but for obvious reason that it gets the highest attention. My spouse went for H4 visa stamping on 25th June, 2018. I used Receipt # EAC : XX which is valid till Nov, 2018 under principal applicant info at the time of submitting DS-160 application. I booked a visa slot ( as the slots get filled on first come first basis ) during the month of April, 2018 . DS-160 forms cannot be changed once they are submitted. I got a new H1-B renewal in the month of May, 2018 which has a new validity until Jan, 2021.

We totally forgot that my spouse DS-160 had the old receipt # which is only valid till Nov, 2018 and all the while I made sure that she carried the new I797 and show the new I797 to the consular officer but didnt realize that we have to update new receipt # which can normally be done during finger printing at VFS services. At the time of interview the consular didnt ask for the new I797 and she asked a simple question and approved the visa. My spouse has the Visa stamped with validity Nov, 2018.

This raises a scenario similar to SKPanda's. Will there be an issue at the port of entry with the visa stamped validity vs the New I797 ( I94) validity which is till Jan, 2021. What should we explain the POE officer so he gives us the I-94 with new valid dates? Irony is I responded to SKPanda's situation with a suggestion not realizing that I could run into something similar.... ...Heck Lord...not sure when we will get out of this h1-b limbo!!12yrs and still continues... Appreciate your any suggestions and also admins , please feel free to move this post where it fits.

V

Prabhas,
First of all let me tell you some facts regarding DS-160 this might be useful for others who visits to this thread in future.
You can submit as many DS-160 forms as you wish, there is no harm in that. Each one of these forms will have a validity periods (30 days or 90 days I don't remember exact period).
But you can use only one DS-160 (submitted one) at the time of booking VFS appointment and then on the day of finger printing you can replace with another DS-160 form of your choice, you need to tell the VFS guy to use the latest DS form number and details.
They will update your appointment record which is scheduled with US embassy the next day. Next day you can take the latest DS form with you for the consular interview.
Having said that ideally what you could have done is that your spouse should have taken a new DS-160 with new I-797 details in it on the VFS finger printing day to update the VFS appointment record.

Assuming that you know this at that time and you try to create a new DS-160 with new I-797 but I doubt that interview might not be valid as your petition might have a start date from Nov 2018 NOT May 2018.
You can't have a visa interview with a I-797 whose start date is 6 months in future from the Visa interview date. (Please check the start date on the new I-797)
So knowingly or unknowingly what you did is perfectly right (using old I-797 for the visa interview).

Now while your spouse travels back to US, at POE notify the CBP officer that you have latest renewed I-797 with a different expiry date on I-94 and ask the officer to give that date as the I-94 date NOT the Visa expiry date.
This should solve your problem otherwise your spouse ends up crossing the border again after Nov 2018 to get the new H4 Visa & I-94.

[skpanda]

Guys,

I know I am posting in a wrong thread but for obvious reason that it gets the highest attention. My spouse went for H4 visa stamping on 25th June, 2018. I used Receipt # EAC : XX which is valid till Nov, 2018 under principal applicant info at the time of submitting DS-160 application. I booked a visa slot ( as the slots get filled on first come first basis ) during the month of April, 2018 . DS-160 forms cannot be changed once they are submitted. I got a new H1-B renewal in the month of May, 2018 which has a new validity until Jan, 2021.

We totally forgot that my spouse DS-160 had the old receipt # which is only valid till Nov, 2018 and all the while I made sure that she carried the new I797 and show the new I797 to the consular officer but didnt realize that we have to update new receipt # which can normally be done during finger printing at VFS services. At the time of interview the consular didnt ask for the new I797 and she asked a simple question and approved the visa. My spouse has the Visa stamped with validity Nov, 2018.

This raises a scenario similar to SKPanda's. Will there be an issue at the port of entry with the visa stamped validity vs the New I797 ( I94) validity which is till Jan, 2021. What should we explain the POE officer so he gives us the I-94 with new valid dates? Irony is I responded to SKPanda's situation with a suggestion not realizing that I could run into something similar.... ...Heck Lord...not sure when we will get out of this h1-b limbo!!12yrs and still continues... Appreciate your any suggestions and also admins , please feel free to move this post where it fits.

V

Hi Prabhas,

Sorry to hear about your situation...

Your wife should give the new H1B I797 to ensure I94 is valid till 2021.

The only issue in your situation is that after Nov 2018, if your wife goes out of US, She will need to go for stamping again.

If at this point your wife is still in the same city as the consulate that issued the visa then it may be worth trying explaining them the situation and may be they will consider issuing new visa. This is highly unlikely but worth a shot.

Hope things work for you!!

[Ind2009]

Guys,

I know I am posting in a wrong thread but for obvious reason that it gets the highest attention. My spouse went for H4 visa stamping on 25th June, 2018. I used Receipt # EAC : XX which is valid till Nov, 2018 under principal applicant info at the time of submitting DS-160 application. I booked a visa slot ( as the slots get filled on first come first basis ) during the month of April, 2018 . DS-160 forms cannot be changed once they are submitted. I got a new H1-B renewal in the month of May, 2018 which has a new validity until Jan, 2021.

We totally forgot that my spouse DS-160 had the old receipt # which is only valid till Nov, 2018 and all the while I made sure that she carried the new I797 and show the new I797 to the consular officer but didnt realize that we have to update new receipt # which can normally be done during finger printing at VFS services. At the time of interview the consular didnt ask for the new I797 and she asked a simple question and approved the visa. My spouse has the Visa stamped with validity Nov, 2018.

This raises a scenario similar to SKPanda's. Will there be an issue at the port of entry with the visa stamped validity vs the New I797 ( I94) validity which is till Jan, 2021. What should we explain the POE officer so he gives us the I-94 with new valid dates? Irony is I responded to SKPanda's situation with a suggestion not realizing that I could run into something similar.... ...Heck Lord...not sure when we will get out of this h1-b limbo!!12yrs and still continues... Appreciate your any suggestions and also admins , please feel free to move this post where it fits.

V

Hi Prabhas

If your wife is still in India and is not scheduled to travel for atleast the next 2 weeks then you have a very simple option. Fill out a new DS-160 immediately with the new EAC # and validity. Since she already has a VISA stamping which is currently valid your wife does not need to go for another interview. You can use the drop box facility which does not require an appointment at VFS center and she can walk in any day as long as she has the DS-160 and the letter for confirmation for drop box legibility. She can drop off the passport and the new DS-160 plus other documents and get a new visa stamped and in her hand in 3-5 days max from the day you drop it at VFS. Hope this helps.

[HarepathekaIntezar]

Looks like folks are tired of predictions and posting other stuff to pass time?

[imdeng]

Looks like folks are tired of predictions and posting other stuff to pass time?

Don't know if there is anything to predict. Spec of course keeps dropping awesome information - rest of us are just here keeping the board alive until the next flurry of activity. I don't mind the tangent chatter - most of the time somebody is in need and someone managed to help - this is better than 99 percent of our interactions with people.

[skpanda]

Looks like folks are tired of predictions and posting other stuff to pass time?

With due respect....

I do not agree with below part...

"posting other stuff to pass time"

People who are posting other stuff are in need of help or suggestions. Thats important atleast for them. Its not pass time. If we are able to help those I think it will serve the purpose of this forum. Help each other!!

Note: I do understand that this thread is dedicated for predictions. However this is the one that gets lots of traffic. Moderators do a great job in moving other topics to their own or existing threads.

Just my thought... no offence taken or given.

[skpanda]

Don't know if there is anything to predict. Spec of course keeps dropping awesome information - rest of us are just here keeping the board alive until the next flurry of activity. I don't mind the tangent chatter - most of the time somebody is in need and someone managed to help - this is better than 99 percent of our interactions with people.

Totally agree..

[HarepathekaIntezar]

With due respect....

I do not agree with below part...

"posting other stuff to pass time"

People who are posting other stuff are in need of help or suggestions. Thats important atleast for them. Its not pass time. If we are able to help those I think it will serve the purpose of this forum. Help each other!!

Note: I do understand that this thread is dedicated for predictions. However this is the one that gets lots of traffic. Moderators do a great job in moving other topics to their own or existing threads.

Just my thought... no offence taken or given.

Just because this gets lots of traffic is no reason to post non-prediction stuff on this thread. There are other threads like 'Live discussion' which are more appropriate to post other stuff. Let us not be hypocrites or trumpkins in condoning that behaviour. It sure gives satisfaction to help others on other topics, but again, there are other threads where they can post and we can answer those questions.

[skpanda]

Just because this gets lots of traffic is no reason to post non-prediction stuff on this thread. There are other threads like 'Live discussion' which are more appropriate to post other stuff. Let us not be hypocrites or trumpkins in condoning that behaviour. It sure gives satisfaction to help others on other topics, but again, there are other threads where they can post and we can answer those questions.

Simple advise for people who do not like the topics posted in the thread. Ignore those posts and move on with life. We have moderators who do a good job of removing irrelevant posts and warning people if they do not follow rules of the forum.

If you are a moderator, you are welcome to remove the posts and give them warnings in PM. If not, i recommend, ignore the posts that you do not like.

My last on this topic.

Peace!

[Blue_Yellow]

Apologize in advance to ask for guidance which is not related with prediction/thread.

I have recently received typical RFE from USCIS asking for Supplement J form. I see this form has field called SOC (Standard occupational Code) and Job description.

My role with my previous (Petitioner of Labor, 140 and 485) employer was as Engineer (EB2- Priority date May 2009, Got EAD in 2012).

Then in January 2016, I changed my job using AC21 with a new employer keeping same engineer position in 2016.

On January 2018 I have accepted new role as PM in the same domain of my job functionality.

My question for Supplement J is:does this SOC field must be same as per the labor and I-140 form? I believe in my situation the SOC will change as I changed my role as PM from Engineer.

Let me know what impact it can make in my case?

Regards,
AJ

[chennai09]

And for some reason, even if I try to create a new thread in the live discussions, it does not appear on the forum even after couple of days. So may be when people are looking for quick answers they post it here.

I too have a question and tried creating threads, but they are not showing up yet.

[iatiam]

Simple advise for people who do not like the topics posted in the thread. Ignore those posts and move on with life. We have moderators who do a good job of removing irrelevant posts and warning people if they do not follow rules of the forum.

If you are a moderator, you are welcome to remove the posts and give them warnings in PM. If not, i recommend, ignore the posts that you do not like.

My last on this topic.

Peace!

Agree with you! Also, can we not resort to name calling and other adversity. I am honestly sick and tired of politics everywhere - offline and online. Demonizing people who genuinely asks immigration questions is silly. Q's blog has been a breath of fresh air. People are civil and eager to help. Let's keep it that way.

More peace

Iatiam

[Prabhas]

Hi Prabhas,

Sorry to hear about your situation...

Your wife should give the new H1B I797 to ensure I94 is valid till 2021.

The only issue in your situation is that after Nov 2018, if your wife goes out of US, She will need to go for stamping again.

If at this point your wife is still in the same city as the consulate that issued the visa then it may be worth trying explaining them the situation and may be they will consider issuing new visa. This is highly unlikely but worth a shot.

Hope things work for you!!

Thanks for your response SK! Sorry, was traveling and couldnt respond back sooner.

We will be traveling back to USA together in August. So her visa will be valid to enter the country. I am hoping that we will have a smooth entry. I am also looking at the drop box option now she is eligible for. I am speaking to my lawyer about it. Will keep you all posted on how we handled the situation.

VB

[hope21]

Simple advise for people who do not like the topics posted in the thread. Ignore those posts and move on with life. We have moderators who do a good job of removing irrelevant posts and warning people if they do not follow rules of the forum.

If you are a moderator, you are welcome to remove the posts and give them warnings in PM. If not, i recommend, ignore the posts that you do not like.

My last on this topic.

Peace!

Resonate with you/ in agreement, leave them alone rather than asking them not to post let's not be rude, moderators can handle it.

[chennai09]

Hi, I have tried creating a different thread few days ago to ask my question, but it has not come up yet. So if moderators can move it that would be helpful.

I have a PD of May 2009, with approved EB2 I 140 from current company. I also have a EB3 I140 from previous company. I am already well beyond my 6th year H1B max out period.

With the current movement of dates, I believe its is possible that May 2009 may be current by end of this year. With new interview requirements, RFE timelines, even if I apply by dec 2018, it might take around a year to get the GC approval. But as luck has it, my current company is not doing great and I might move to a safer workplace before I get GC.

So my question is - while AOS is pending, and if the dates are current, will I be able to extend my H1 or transfer my H1 to a different company?

I know I could use EAD after 6 months to move, but I think its a risky move, incase AOS gets denied I might not have any recourse.

Thanks in Advance!!

[Prabhas]

Prabhas,
First of all let me tell you some facts regarding DS-160 this might be useful for others who visits to this thread in future.
You can submit as many DS-160 forms as you wish, there is no harm in that. Each one of these forms will have a validity periods (30 days or 90 days I don't remember exact period).
But you can use only one DS-160 (submitted one) at the time of booking VFS appointment and then on the day of finger printing you can replace with another DS-160 form of your choice, you need to tell the VFS guy to use the latest DS form number and details.
They will update your appointment record which is scheduled with US embassy the next day. Next day you can take the latest DS form with you for the consular interview.
Having said that ideally what you could have done is that your spouse should have taken a new DS-160 with new I-797 details in it on the VFS finger printing day to update the VFS appointment record.

Assuming that you know this at that time and you try to create a new DS-160 with new I-797 but I doubt that interview might not be valid as your petition might have a start date from Nov 2018 NOT May 2018.
You can't have a visa interview with a I-797 whose start date is 6 months in future from the Visa interview date. (Please check the start date on the new I-797)
So knowingly or unknowingly what you did is perfectly right (using old I-797 for the visa interview).

Now while your spouse travels back to US, at POE notify the CBP officer that you have latest renewed I-797 with a different expiry date on I-94 and ask the officer to give that date as the I-94 date NOT the Visa expiry date.
This should solve your problem otherwise your spouse ends up crossing the border again after Nov 2018 to get the new H4 Visa & I-94.

YT - Thats exactly what I missed as you pointed I should have done at the VFS finger printing time. I knew we can change DS-160 forms or even update the old DS-160 with the new Receipt #. It just didnt struck to me that I have to update the DS-160 but I kept insisting my spouse to show the new I797 to the officer.

And my new I797 infact started from 28th May-2018 ( Yeah you may realize USCIS stoppped or atleast iin my experience are giving extensions not from the date the current I797 expires but the from the time new Labor is applicable as there is change in work site. )

We are planning to leave things as is and deal with at the POE as you mentioned. Getting a final word with the lawyer and see what our best options are.

Truly appreciate your good thoughts to help the community and given our lengthy ordeals with being greened anytime soon , our H1-B community is prone to such human errors and it is good to be apprised about and knowledge shared!

Thanks again!

V

[skpanda]

Thanks for your response SK! Sorry, was traveling and couldnt respond back sooner.

We will be traveling back to USA together in August. So her visa will be valid to enter the country. I am hoping that we will have a smooth entry. I am also looking at the drop box option now she is eligible for. I am speaking to my lawyer about it. Will keep you all posted on how we handled the situation.

VB

Good Luck Prabhas! Keep us informed...how it goes! Fingers crossed!