Look like Eb3-India filing date would not be respected by USCIS in near future, shot term predictions are out --
"https://www.murthy.com/2018/12/20/january-2019-visa-bulletin-check-in-predictions-coming-in-february/"
Look like Eb3-India filing date would not be respected by USCIS in near future, shot term predictions are out --
"https://www.murthy.com/2018/12/20/january-2019-visa-bulletin-check-in-predictions-coming-in-february/"
According to Murthy, CO says that Uscis is going back to final action for February.Originally Posted by drop2ocean
Aceman - I think, this is true to what you said earlier this week, "Filing date for Eb3-India would be stagnant for few months and then pick up in April but FD would move ahead".
Do you think your prediction is still valid after CO's short term prediction.
Due to less demand in Eb3-India, personally I think Feb 2019 visa bulletin would have 1 May 2010 as filing date for EB3-India irrespective of USCIS accept it or not.
Gurus, request your help. Lot of respect for this forum (Q, Spec, Aceman and others)
My PD is Oct, 2009. I have been on EAD since 2012 and changed employer in 2013. Based on my PD:
1. My employer may be ready to file a new Perm and I 140 in Eb3 if I push. Is there any risk in filing new perm and I140 in Eb3 to my existing EB2 application. Do you advise me to file in new Eb3 application.
2. How much time will perm and I 140 approval take (assuming I140 in premium processing and I am based at Dallas). After receiving Perm and I140, I485 will be new application or existing application:
3. What will be your prediction for me getting GC in both Eb2 and Eb3 categories.
4. A different question: I had got RFE in Sep 2018 for I 485-J. My current company had given I485-J. Its received by USCIS on Oct 5,2018 but its still not approved. Is it common or a cause of concern that I485-J is not approved in 2.5 months.
This defeats the whole purpose of concurrent filing !
What I think Webber means is that you can file 485 based on 140 receipt
Please clarify
EB2I ; PD: August 13 2010; Filed 485: ??; RD: ??; ND: ??; FP: ??; EAD/AP Approval:??; 485 Approval:??
PD is July 2013 on EB2. I work in Healthcare. When should I apply for Eb3 I140. 18 months to 24 months. Or could i apply when for both I 140 and Adjustment of status at the same time when the dates become current.
July 2013 will take some time. Right now for EB3 , crossing 2011 should take atleast 2/3 years
EB2I ; PD: August 13 2010; Filed 485: ??; RD: ??; ND: ??; FP: ??; EAD/AP Approval:??; 485 Approval:??
When ever I speak to the lawyers - they say Eb1 is very hard.But recently reviewing this forum , i see so many folks on Eb1 with PD in 2017 or 18 etc. Is Eb1 success rate dependent on the lawyer apart from a very good application. Any insights would be appreciated.
Have a question. Does anyone know that if you are downgrading from EB2 to EB3 with same employer (PERM will be same), can a new EB3 I-140 be processed under premium processing or does it have to go through regular processing only?
I think what he/she meant was if 140 is applied already ( stand-alone and not concurrently), you cannot add 485 till 140 is approved.
I am in similar situation. I am going to ask company's attory abt premium process. This is what one of the lawyer suggested on youtube discussion: 1st file i140 in regular process. once you receive receipt notice then convert to premium process. Becoz USCIS will not do premium process when we file I40 with old PERM and they could reject premium. Let me know if you hear anything from your side.
We are dealing here with agencies which are in general very hostile. Anything positive to expect in the long run is futile IMHO
Jonty,
Check the Issue# 5 & 6 from this source:https://www.linkedin.com/pulse/how-h...proval-webber/
If I understood correctly the above link:
It is NOT guaranteed that USCIS will accept your filing of the downgrade petition with premium. Same case with concurrent filing of 485 with 140, assuming that your Eb2I PD is current in EB3I.
Alternate approach may be a 3 step process:
1) File 140 with out premium
2) Upgrade it to premium separately once you get the receipt notice (Not guaranteed in downgrade case but it worked per the above link)
3) File 485 once you get the 140 approval
looks like a lengthy process but can be timed to a 2 month time line to complete the filing process.
My assessment was based on the information at that time. CO's being the boss of DHS, has lot of additional information compared to rest of us in the forum. So his prediction definitely over rides mine.
I think CO will be holding on both EB3 dates behind EB2 for a little while more before they are ready to receive the avalanche of down grades. Even if USCIS is not respecting the FD, I think CO will still forward the FD.
Interestingly for EB3 India we are not seeing any GC approvals beyond May 2008 which was current in the May 2018 bulletin. This would imply the lead time from current to getting the GC is still over 6 months.
It took 5 months for me in the first half of this year for just the PERM approval. Another two or three months before that for PWD and a month or so for advertisements. its a year before you file I-140.
Even after your date is current, EAD approval takes 6-8 months now at NBC.
https://crsreports.congress.gov/product/pdf/R/R45447
Good read for holidays... nice compilation of all the publicly available data points for measuring backlogs.
But I don't see any new data point in this doc.. I've considered all the data point sources listed in this doc in my predictions so far..
Looks like 2019 is going to be a roller coaster ride for where the EB3 would get ahead of EB2 causing a huge spike in downgrades. At that point EB3 would be choked up again and EB2 would benefit, this would eventually result in an equilibrium where EB2 and EB3 are neck-to-neck and there is no real benefit to port up or down. This equilibrium date would depend on how fast the EB2 downgrades to EB3.
Expert, could someone take a stab to share their prediction on what that equilibrium date might be? This (even a rough range) would be a very valuable yard stick for a lot of folks to decide what to do.
* EB3 final action date would go to Apr 2010 in few month.
* From May 2010 onwards , there would be lot of porting as EB2 folks never filed i485 and they will do downgrade to EB3 and concurrent i485. That make sense.
* EB2 folks who has already applied EAD, might already moved to different employer. So there is no option for them to downgrade until they start from PERM. That would take another 2 year. so no use
My guess is EB2 folks who applied uptil May 2010 during 2012 period, would be struck for next 4 years. Lot of chances for EB2 folks who has priority date from May 2010. They can benifit immediatley due to EB3 movement.
True, it is going to be Simple Harmonic Motion.. once EB3 will go fast... then EB2... so on and so forth. The questions is which priority dates will get to file 485.. whether in EB3 or in EB2.
The benefit will be for EAD only.. Actual GCs allocation, who knows
May 30 2009 PD EB2. What is the prediction ?
If they clear till the end of April 2009 this year May 2009 should be cleared by the end of next year 2020.
Happy new year guys. Lets hope for the first time EB filers in both 2 and 3 from this decade start getting their GC this year onwards.
Happy New Year !!! Yes I hope all Eb2 INDIA and EB3 INDIA move significantly so everyone can benefit. Having said that did you check the USCIS Visa Bulletin Info: Does this mean they already have inventory Data and not publishing them?
For Employment-Based Preference Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2019. Based on current trends in inventory and visa use, USCIS anticipates that applicants in the employment-based preference categories will have to use the Final Action Dates chart as soon as February 2019.
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