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Thread: EB2-3 Predictions (Rather Calculations) 2015-2020

  1. #7401
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    Update on covid talks. Pelosi and mnuchin did not reach an agreement. House is proceeding this evening with its own covid relief bill at $2.2T .FB spillover is probably safe for now

  2. #7402
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    @Turbulent_dragonfly

    Can you please share details about the medicals? Is there some form doctor will have to complete, does this have to be physical check up with doctor, blood work etc., ?

  3. #7403
    Quote Originally Posted by GCMirage View Post
    @Turbulent_dragonfly

    Can you please share details about the medicals? Is there some form doctor will have to complete, does this have to be physical check up with doctor, blood work etc., ?
    You need to go and see Dr who can do medicals for immigration. Yes there would physical check up, blood work, vaccinations( if you didnot have them before)..) after that they would give sealed document to submit with your i-485 application

    Roughly it would take 4-5 days to get your Medicals done

  4. #7404
    Quote Originally Posted by GCMirage View Post
    @Turbulent_dragonfly

    Can you please share details about the medicals? Is there some form doctor will have to complete, does this have to be physical check up with doctor, blood work etc., ?
    Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

    Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.

  5. #7405
    Quote Originally Posted by gs1968 View Post
    Update on covid talks. Pelosi and mnuchin did not reach an agreement. House is proceeding this evening with its own covid relief bill at $2.2T .FB spillover is probably safe for now
    Thanks for your watch on this topic. Since tomorrow is the official start of new fiscal, is it fair to say that if a bill that contains visa re-allocation doesn't pass house, senate and signed by the POTUS, by law by midnight today we are good for the SO for the entire new fiscal?

  6. #7406
    Been a lurker for many years. My PD is 04/29/2010 (EB-2). Do you suggest filing for concurrent eb-2 & eb-3 or just file eb-2 for now and switch to eb-3 later when its fac date becomes current?

    thanks!

  7. #7407
    Quote Originally Posted by Turbulent_Dragonfly View Post
    Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

    Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.
    Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.

  8. #7408
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    Quote Originally Posted by Zenzone View Post
    Thanks for your watch on this topic. Since tomorrow is the official start of new fiscal, is it fair to say that if a bill that contains visa re-allocation doesn't pass house, senate and signed by the POTUS, by law by midnight today we are good for the SO for the entire new fiscal?
    I think the chances of any deal before the election are unlikely. I read that 10 days ago, Stephen Moore told President Trump in a meeting at the White House that it was likely already too late for a stimulus to help Trump politically.Moore told Trump a deal now wont boost the economy until 2021 - or after Nov 3. There is no incentive for the president to lean on the GOP senate to push the bill through.It is also possible that with every passing day the Democrats are increasingly positive about a favorable election outcome and are likely to deal with this in January 2021. The next opportunity for any amendments to be attached would be the next CR in December when the current one expires on Dec 11. The Senate is voting at 5 PM on the House passed CR and should recess after that.

    As far as whether these spillover numbers are safe I really don't know. If the Congress passes something on a prorated basis to reclaim the numbers in January the USCIS will have to honor it. The inclusion in the current Bill suggests that the issue is still alive. Of more immediate concern is the fee raises that were struck down in court yesterday. If the USCIS was planning to use this extra income to bolster their fiances and expand hiring then it may be difficult now. Hopefully in January they can have a confirmed nominee that can enforce these increases.I think the case yesterday was struck down because the judge felt that Chad Wolf was appointed illegally

  9. #7409
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    Quote Originally Posted by cool_dude View Post


    I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.

  10. #7410
    Quote Originally Posted by gs1968 View Post
    I think the chances of any deal before the election are unlikely. I read that 10 days ago, Stephen Moore told President Trump in a meeting at the White House that it was likely already too late for a stimulus to help Trump politically.Moore told Trump a deal now wont boost the economy until 2021 - or after Nov 3. There is no incentive for the president to lean on the GOP senate to push the bill through.It is also possible that with every passing day the Democrats are increasingly positive about a favorable election outcome and are likely to deal with this in January 2021. The next opportunity for any amendments to be attached would be the next CR in December when the current one expires on Dec 11. The Senate is voting at 5 PM on the House passed CR and should recess after that.

    As far as whether these spillover numbers are safe I really don't know. If the Congress passes something on a prorated basis to reclaim the numbers in January the USCIS will have to honor it. The inclusion in the current Bill suggests that the issue is still alive. Of more immediate concern is the fee raises that were struck down in court yesterday. If the USCIS was planning to use this extra income to bolster their fiances and expand hiring then it may be difficult now. Hopefully in January they can have a confirmed nominee that can enforce these increases.I think the case yesterday was struck down because the judge felt that Chad Wolf was appointed illegally
    Thanks. I think its a theoretical possibility that retro-actively re-take the unused FB visas. Also remember, January will be Q2 of the fiscal and there are chances that a good portion of the SO might have been already allocated. So its futile exercise. However, they can enact the law to bring back the unused number from Oct-Dec that are part of the new fiscal. I hope that doesn't happen either! Also, the brighter side, with new admin. chances of S.386 is hopefully brighter. But I agree with you that this is not an immediate threat as yet overall.

  11. #7411
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    Quote Originally Posted by horizon1012 View Post
    I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.
    The provisions are under Section T Immigration matters on Page 2022 of the PDF File. The language is exactly as before in the previous versions of this Bill. There are also provisions included for physicians

  12. #7412
    Quote Originally Posted by horizon1012 View Post
    I tried to skim thru the bill and searched for the text spillover, visas, employment and other relevant text. Did not find any reference that says that the spillover will be abolished. May be it is posted in some legislative language which I am unable to interpret. Any one has the exact text which explains this clause.
    Look at page 2025

    (ii) ELIMINATION OF FALL ACROSS.—
    20 For fiscal years 2021 and 2022, the num21 ber computed under subsection (c)(3)(C) of
    22 section 201 of the Immigration and Na23 tionality Act (8 U.S.C. 1151), and the
    24 number computed under subsection
    VerDate Nov 24 2008 11:54 Sep 29, 2020 Jkt 000000 PO 00000 Frm 02025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\ 11.0\GEN\C\SUPP_SEP
    September 29, 2020 (11:54 a.m.)
    H:\XML\FY21\SUPP\COVID\SUPP_SEP_01_ALL.XML
    L:\VA\092920\A092920.007.xml
    2026
    lll
    1 (d)(2)(C) of such section, are deemed to
    2 equal zero.

  13. #7413
    "Stimulus negotiations between Treasury Secretary Steven Mnuchin and House Speaker Nancy Pelosi fell apart on Wednesday. We’re very, very far apart,” Senate Majority Leader Mitch McConnell said after the meeting. . . Republicans acknowledged prior to the meeting that this was likely the last chance to get something done before the election."

    https://www.msn.com/en-us/news/polit...?ocid=msedgntp

  14. #7414
    Quote Originally Posted by Zenzone View Post
    Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.
    It depends on your attornies.. our company Attorney kept it as a needed document to file. So i would tell , check with your company attorney first for the checklist, if they request it go ahead and do it

  15. #7415
    Quote Originally Posted by mesan123 View Post
    It depends on your attornies.. our company Attorney kept it as a needed document to file. So i would tell , check with your company attorney first for the checklist, if they request it go ahead and do it
    Exactly. Since my PD is in May 2010, my attorney did not want any outstanding documentation down the road even it means spending the money for naught.

  16. #7416
    Quote Originally Posted by Turbulent_Dragonfly View Post
    Exactly. Since my PD is in May 2010, my attorney did not want any outstanding documentation down the road even it means spending the money for naught.
    My attorney is taking different stance - They want me to send the application ASAP and deal with medicals later on when we get RFE. My priority date is Sep 2010 EB2.

    Also, my attorney said if we send the I-485 application before Oct 12th we don't need to submit I-944 along with the application. It can be submitted later on when we get the RFE.

  17. #7417
    Quote Originally Posted by rabp77 View Post
    USCIS can consider I485 to be abandoned if you travel abroad when it's pending unless

    1. You have advance parole by filing i131

    2. You are maintaining lawful h, L, V, K3/k4, and you return using a valid H, L, v, K3/k4 non immigrant visa.

    To be doubly sure I would advice you do both, and check with lawyer.

    Also check: https://www.uscis.gov/green-card/whi...ing-with-uscis
    I suppose I am qualified to answer this Question as I have been through this .
    In April/May 2018 the administration secretly passed a directive that the AP would be considered abandoned if a person traveled while the application was in process. I was supposed to travel in June and there were rumors about this . So I went to the USCIS info pass office and they told me that they have not received any such directive and that I was OK to travel as long as I applied for the extension while in the US and return before the current AP expired. I visited India for 2 weeks and in July I got I letter saying that AP was rejected due to the travel , but my EAD was extended for 2 years. I reapplied for the AP which got approved in 14 weeks but for only one year. Ever since my AP is renewed for one year and EAD for 2 .

    There were lot of petitions filed to the USCIS and they revered their draconian directive mid 2019 . Please refer to https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel . Here is an excerpt from the USCIS page
    "If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation."

    So you are safe to travel after you apply but be sure you return before the current AP expires as AP can take upto 7 months to renew . EAD has no such rule , you just need to apply when in the US.

  18. #7418
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    Quote Originally Posted by Turbulent_Dragonfly View Post
    Yes they will ask for your immunization records from India if you have them. If not they will give you MMR, TDAP and possibly the flu shot too. If you have never had chicken pox, they may give that shot too. Blood work to screen for any STDs. Depending on what shots you need, it may be anywhere from $200 to $450.

    Results usually in a week. After the lab results are back, the Physician will fill out form I-693 and sign it and seal it for submission to USCIS.
    Quote Originally Posted by Zenzone View Post
    Also, you don't need to do medicals now if you are filing just based on filing dates and your final action dates are not yet current.
    If you are EB2 and your PD is before Jan 1,2011(Jan 1,2012 for EB-3) it makes sense to send the form I-693 along with your I-485. In case if your interview gets waived, you may get approved without an RFE for medical.

  19. #7419
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    Quote Originally Posted by Zenzone View Post
    Thanks. I think its a theoretical possibility that retro-actively re-take the unused FB visas. Also remember, January will be Q2 of the fiscal and there are chances that a good portion of the SO might have been already allocated. So its futile exercise. However, they can enact the law to bring back the unused number from Oct-Dec that are part of the new fiscal. I hope that doesn't happen either! Also, the brighter side, with new admin. chances of S.386 is hopefully brighter. But I agree with you that this is not an immediate threat as yet overall.
    If the INA rule has already enacted and given spillover per rule. IMO any party wins they cannot retro active after sept 30 2020. But they can very well stop from oct 2021
    Do u trust dems for s386- the biggest liars
    Backlogged indians r atleast able to file for ead due to GOP ( not just coz of consulate closures, I firmly believe trump order also plays a role)
    I really hope DT 2020, I would take ead and ap for 2 years than nothing

  20. #7420
    Quote Originally Posted by maverick2010 View Post
    My attorney is taking different stance - They want me to send the application ASAP and deal with medicals later on when we get RFE. My priority date is Sep 2010 EB2.

    Also, my attorney said if we send the I-485 application before Oct 12th we don't need to submit I-944 along with the application. It can be submitted later on when we get the RFE.
    . i heard attornies are charging extra for each RFE response( except adminstrative ones eg like passport pics or medicals)... just an info

    I do understand we can submit only the documents attornies request..

  21. #7421
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    Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?

  22. #7422
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    Quote Originally Posted by gcpursuit View Post
    Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs
    Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.

    Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.

    I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.

    If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.

  23. #7423
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    Quote Originally Posted by longwaitgigu View Post
    Do u expect FAD to reach for eb2- jan 2011 and eb3 jan 2012?
    I do if USCIS doesn't screw up things.

  24. #7424

    Form I-944

    Few queries on I-944 form:

    1. My understanding is that each member of household have to fill it. Primary applicant, spouse and kids. However, if kids are US born, do they still have to fill it?

    2. Part 4: Your Education and Skills. It says that if you have approved I-140, then skip the section. I have approved I-140 and primary applicant so I can skip. However, my wife is also I-140 approved with a later PD, so should she provide her I-140 number and skip it too.

    3. Assets: Should we also include 401K and 529 accounts?

  25. #7425
    Quote Originally Posted by gcpursuit View Post
    Quick question. Can we travel right after applying for I-485 and while EAD/AP is pending? Will the I-485 be denied because of this? Appreciate the inputs
    My Lawyer tells me that you can travel while I485 is pending as long as you can return back on valid H1B status.

    If you have plans to travel after applying for 485 then only apply for 485 and EAD. Return on valid H1b status and then apply for AP after coming back. At least that's what I am planning to do as I also have plans to travel after applying for 485.

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