EB2-3 Predictions (Rather Calculations) 2015-2020

[geniusmag]

Gurus,
I have a question regarding EVL ( now called SUPPJ). I filed I485 in 2012 when I was still with petitioning employer .
I got my last RFE in 2016 , ( was with employer B ) at that time there was no SUPPJ , so I sent an EVL from my new employer (B) in response to the "same or similar occupation" RFE.

I have changed jobs twice since then but did not voluntarily submit SUPP-J. If I now go back to my original employer (A) who filed my I140 , do I need to port it back ? Would I still need a SUPPJ ?

If anyone , who has dealt with SUPP-J before can respond , that would be great
Do they ask for recent pay stubs or how long one has been with the employer ?

[vsivarama]

Also, we shouldn't feel guilty about screwing FB for our own benefit. With legislation like S.386, we were essentially asking for the same thing, "to screw ROW for our own benefit". FB can wait for a couple of years. My dear father recently passed in India due to COVID, and I couldn't even attend his funeral due to this mess. Hopefully, I can attend his one year passing event (Shraddha) if this mess clears up for me in a year. So, everybody is in pain, and the pain is real.

@Vedu, I am really sorry for your loss. Stay Strong brother. I know I have had some sleepless nights in COVID times thinking about my parents. As far as screwing FB goes, I have no guilt (don't think anyone does) as the law is being followed. I feel a little bad for them but that's all. In case of S386, We are fighting for equality and not to screw over ROW (don't let anyone tell you otherwise) and going about the right way by forcing legislation/rule-making. Yeah, if the admin (any admin left/right), had said we will not follow the law and apply the rules the way we want then yes, that is cause for alarm even if we are the beneficiaries. So it's a nuanced distinction.

[oraclept]

To oraclept

My two cents [I honestly think even attorney cannot solve your dilemma]: Changing jobs at such a short notice can be too disruptive for you and your family. Best course is to negotiate with your old employer with a future start date (my be 6 months from now) or paying for full I 485 filing or some other option so that you can get your application in but still have flexibility to change jobs later. You can always cite the on going covid crisis. Worse they can kick off the H1B transfer with a future start date. It boils down how well you can negotiate with your old employer.

thanks for your reply. my old employer told me that he can do future filing and asked me to join in future....lawyer is saying you have to be current employee of old employer to do downgrade from eb2 to EB3.
is this true.? are you in same boat as me ?

[EB2IndSep09]

My date is eb2 June 2011 with my old employer ..new employer did not even start labor .. Do you think filling dates on eb2 move by 1 month next year? I am just cursing myself ..old employer is asking for transfer of h1 so they can downgrade eb2. To eb3 And file 1-140 and 485 concurrently.. I am really scared looking at your post ..

Get your I-485s out guys by any means that includes even a switch back to your old employer if they allow you to rejoin them. You do not want to be stuck in here and miss the opportunity.
On another topic do not panic, all conservative employers and attorneys are waiting for the new AOS documents to be released to file AOS and also case by case they will file.

[EB22010Dec]

"Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500"

You need to read and understand the above statement.

Redsox, I used to live in Boston and am a big baseball fan like you. I was there when Redsox won their Championship with Kevin Youkilis, Dustin Pedroia, Manny, Big Pappi, and others.
I used to be on H1b then and I am H1b now.
I know many things, but immigration calculations are not included in that list.

Can you spend 10 mins and give me clarity. I have life-altering decisions that I should make soon and every bit of clarity helps.

[gs1968]

This remains the greatest obstacle to fulfilling the potential this year

https://documentedny.com/2020/09/28/...spending-cuts/

[redsox2009]

Redsox, I used to live in Boston and am a big baseball fan like you. I was there when Redsox won their Championship with Kevin Youkilis, Dustin Pedroia, Manny, Big Pappi, and others.
I used to be on H1b then and I am H1b now.
I know many things, but immigration calculations are not included in that list.

Can you spend 10 mins and give me clarity. I have life-altering decisions that I should make soon and every bit of clarity helps.

This Year EB quota changed from 140K to 262K, if you are lucky EB2 dates might advance rapidly and your date might become current again in Oct 2021.

[sjayanthi]

To oraclept

No I am in a totally different situation and sitting out the current I 485 filing process. If the attorney says that you have to be employed [I am quite puzzled as GC is a future employment contract and your current job has no bearing on GC], I would recommend consulting murthy.com or some other attorney [15 or 30 mins consultation is like $200 USD AFAIK] to get a clarification. Primarily if you are related this decision to a life altering situation, talk to an attorney. You will not regret spending money. HTH

[Turbulent_Dragonfly]

Just for a reference for you folks, the entire filing fee including USCIS fees and attorney fees for me and my wife is going to be $8,000. If my children were not USCs, it would have been $16,000

[cool_dude]

My employer has declined to downgrade to EB3.Missed date by 10 days in EB2...there goes my GC...dont know when it will reach may 25 2011.
Really disappointing..

[cool_dude]

Missed once in lifetime opportunity...

[qesehmk]

Thank you so much for responding. I did not realize we can do a CP with DOF. I will double check and explore this possibility as a back pocket.

CP has no DOF. One can file CP any time. The reason it makes sense for you is because as the dates are becoming current you might as well get through and get your GC.

[cool_dude]

I am trying to understand how do 140k visas get distributed to eb1,eb2 and eb3? Is top down if anything left

[bookworm]

If anyone , who has dealt with SUPP-J before can respond , that would be great
Do they ask for recent pay stubs or how long one has been with the employer ?

Based on the RFE that i responded to, Supp J applies to both situations; Continuing Employment in the job that you filed for OR AC21 portability. If after all the changes you are back at your original job then you need to fill the form accordingly. Take a look at Supp J and then probably consult a lawyer to get a firm opinion on how to fill out Supp J.

Edit - No Paystubs required. Employed Since - required.

[Spectator]

I am trying to understand how do 140k visas get distributed to eb1,eb2 and eb3? Is top down if anything left

The calculated EB FY allocation is allocated:

EB1 ---- 28.6%
EB2 ---- 28.6%
EB3 ---- 28.6%
EB4 ----- 7.1%
EB5 ----- 7.1%

Total - 100.0%


For 140,000 the figures would be:

EB1 ---- 40,040
EB2 ---- 40,040
EB3 ---- 40,040
EB4 ----- 9,940
EB5 ----- 9,940

Total - 140,000


The Per Country Limits are then calculated from these figures.

The calculation for FY2020 is currently at https://travel.state.gov/content/dam...-%20FY2020.pdf


For FY2021, if the EB allocation is 261,500 as mentioned in the October 2020 VB, then the figures would be:

EB1 ---- 74,789
EB2 ---- 74,789
EB3 ---- 74,789
EB4 ---- 18,567
EB5 ---- 18,566

Total - 261,500


Look for the Annual Numerical Limits to be updated for FY2021 on this page https://travel.state.gov/content/tra...tatistics.html

[EB22010Dec]

The calculated EB FY allocation is allocated:

EB1 ---- 28.6%
EB2 ---- 28.6%
EB3 ---- 28.6%
EB4 ----- 7.1%
EB5 ----- 7.1%

Total - 100.0%


For 140,000 the figures would be:

EB1 ---- 40,040
EB2 ---- 40,040
EB3 ---- 40,040
EB4 ----- 9,940
EB5 ----- 9,940

Total - 140,000


The Per Country Limits are then calculated from these figures.

The calculation for FY2020 is currently at https://travel.state.gov/content/dam...-%20FY2020.pdf


For FY2021, if the EB allocation is 261,500 as mentioned in the October 2020 VB, then the figures would be:

EB1 ---- 74,789
EB2 ---- 74,789
EB3 ---- 74,789
EB4 ---- 18,567
EB5 ---- 18,566

Total - 261,500


Look for the Annual Numerical Limits to be updated for FY2021 on this page https://travel.state.gov/content/tra...tatistics.html

S .... Will the 34K extra visa in EB2 goto India ? or are there more nuances that we should understand here.

[EB22010Dec]

S .... Will the 34K extra visa in EB2 goto India ? or are there more nuances that we should understand here.

Also, did we get 165K in 2019 ?

[oraclept]

Thanks Q. is it possible to obtain stats for number of Indians between 2010 and 2011 for Eb2 and EB3 and 2018 to2020 Eb1?
what is your take on whole visa bulletin with respect to AD and FD?.

[cool_dude]

When shall we expect eb2 to move to may 25 2011? I feel helpless.Missed date by 10 days and employer wont file EB3

[knighthood83]

Do you need a lawyer to file? Can this be filed by the individual ? Fragomen are talking a long time to respond. I only see supplement J as a problem

[FlowerPot]

Long time reader & first time posting as I am having similar dilemma like many others with oct VB.

My PD is 12-May-2011 EB2-I and many years after I-140 approval (still valid) I moved to new state and took new job title with same employer. Since its new title and state, attorney started the PERM and after long wait it was finally submitted last month for DOL processing. I am sure it will take Jan/Feb to know the outcome of it.

What are my options here? Since its same employer would it be possible to apply for 485/AOS based on previous role's I-140 approval and submit Sup J based on similar job profile details (OR)
Wait for PERM status for current role in high hope that dates wont retrogress in Jan/Feb and then apply for I-140/485 concurrently? (OR)
Apply for I-485 based on previous role's I-140 approval and wait for 180 days and then use AC21 (OR)
Any other favorable possibility?

[FlowerPot]

Long time reader first time posting,
In my case, EB2-I 12-May-2011 (I140 still valid) and with same employer but changed location and job title. So started the PERM and I wont hear anything until Jan/Feb 2021 on its status.

Is it possible to use my old job approved I-140 with same employer and apply for 485 using similar job responsibility criteria? or otherwise to take the old job with same employer? or wait (worst case) for PERM status and apply for concurrent 140/485 in Jan/Feb?

[sandykolu]

Q/spec/others,
Looking at an older 485 pending inventory published in 2018
https://www.uscis.gov/sites/default/...April_2018.pdf
I have a PD of April 29 2010 eb2I It appears that there are approx 4000 pending eb2 applications ahead of me post sep 1 2009. With a multiplying factor of 2.2 for dependents, is it correct to assume approx 9k pending eb2 applications. With the new spillover that is now potentially available, what is your prediction/calculation for eb2i April 2010 final action date to be current?

[YTeleven]

When shall we expect eb2 to move to may 25 2011? I feel helpless.Missed date by 10 days and employer wont file EB3

There are enough visas to cover your date but not sure if they allocate each and every visa without any wastage in both 2020 and 2021 FY. i.e 156K & 261K+...

[altek001]

There are enough visas to cover your date but not sure if they allocate each and every visa without any wastage in both 2020 and 2021 FY. i.e 156K & 261K+...

YTeleven- Your thoughts on when 2010-OCT EB2-I can reach in Final Action dates?