EB2-3 Predictions (Rather Calculations) 2015-2020

[rocketfast]

which company?

Got some more information from a contact. They are saying, you should amend old EB2 i-140 and not file new i-140 to work around this issue. Company is Nutanix.

[shivab55]

Can gurus advie derivative minor children need to file I 944?

[horizon1012]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

[optimista]

Folks,

I had EB3 with my first employer many years back and have EB2 with my current employer. PD July 2010. I am already applying with current employer in EB2. The first employer can also apply for GC in EB3. He is willing, as long as I am paying. What should I do in this case? The lawyer had told me that for old employer, it would an issue to prove the sustainability of job offer since I had left him six years ago. But with new employer the issue is I will be applying for I-140 concurrently, so there is pressure of whether I-140 gets approved without any issues or not.

I am wondering whether applying with 2 employers will cause any confusion at USCIS. Also in case of old employer, I would need to find a project to work with him.

Can you please give your advice?

Thanks

[JoinedToAsk]

Folks,

Looks like there will be a deal on the Heroes Act and in the version that House Passed it has a clause to block the FB Spillover. Any thoughts on what happens if this gets cleared in the Senate. The dates have been moved drastically because of this spillover. It will be good to get EAD but it will be decade long wait before anyone gets GC.

How do you know about this?

[horizon1012]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trum...us-checks.html. I hope they don't include FB clause in this standalone version.

[dus_saal_baad]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

[rabp77]

My Eb2 India priority date is in Aug 2009 and current. I just got my EAD renewed and received a card 2 months ago. On that EAD case status, I saw a case status update that says "Case Was Updated To Show Fingerprints Were Taken". Why would they update this for an approved EAD application and what should I make of it? There is no update on i485 case in the Case Status page on Uscis website.

sometimes the case status updates have not been reliable. Had a case that was approved, but status page was showing receipt. so please dont worry about it.

[Zenzone]

I am assuming this looking at the different news channels and articles, there seems to continuous discussions behind the doors. Not sure if Republicans will agree on some kind of a relief package, it hard to say if the FB clause will be part of the final parcel. Here is one of the links in which Trump is agreeing on a standalone Stimulus package https://www.cnbc.com/2020/10/07/trum...us-checks.html. I hope they don't include FB clause in this standalone version.

You are talking about a possibility of a retroactive immigration law? No chance. Whatever is done (if any to begin with) will be only for next fiscal and not for the SO that has already come in on Oct 1st this year. Like Q said we can go to the bank with this fiscal's SO as its already credited lawfully at the time it was given.

[android09]

No doubt imdeng ... miss the oldfolks like Kanmani, nishanth, soggadu and many more... this forum has been helpful and specially few great folks who made good impact on our lifes..specially Q, Spec and many more

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.

[qesehmk]

You indeed are imdeng!

Some people say receiving GC does not feel any different. My own experience was different. I smelled (?smelt?) freedom when I received a GC. It was so suffocating for me to have to renew this visa that license and so on. Every damn step of the way they have made immigrant life miserable. That's why I hate those anti-immigrants so much. They themselves have been immigrant ones but now they don't want new ones.

I personally am fortunate to have made friends here on this forum and it made my own life easier.

Take a deep breath. If you go to Lansing, go to the Indian temple on my behalf. With you receiving a GC my own memories have become fresh! Have fun and put the laptop down for this weekend!!

Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

[qesehmk]

There is a reason why once people get their green cards, they never turn back. The whole damn process is so arduous, painful and time consuming that no one wants to look back at it once they've crossed the finish line. The ones who do, that genuinely try and help people with their experiences, advice and insights, deserve monuments to be build in their names.

Many many people have contributed android. Some more some less. But generally my philosophy is to let people be the judge and custodian of their own kindness That's how the forum has seen many great and kind contributors and continues to do so.

[toomuchguy2]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/...ry_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

[Spectator]

Spec - you never told us about your own approval. Don't mean to intrude your privacy. But quite a belated congratulations are in the offing for you! Congrats. People often think you and I are the same people and I just want to say there is one and only Spectator! And it's not me.

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

[rocketfast]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/...ry_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

[imdeng]

imdeng,

I'm so pleased to hear this news!!

As Q said, let yourself revel in the moment, at least for a little bit.

Although some time a ago now, I still remember the feeling of hearing about the approval.

Thanks for all your contributions to the forum. I hope they continue.

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

[Turbulent_Dragonfly]

Thanks @Turbulent_Dragonfly. What about I-485 J? My employer is submitting without the 485-J and said that's their standard operating procedure and will submit the I-485 J when the RFE comes. Thoughts on that?

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

[android09]

I am May 2010 and also have been working for the same employer for 12 yrs now. My attorney filed I-485J since I have been promoted since the I-140 approval. It is odd that they would not want to file I-485J since it all it does is confirm that the position is still available and requires the attestation of the employer.

What they told me is that they've got to do 30 plus I-485 for staff and their families before end of October, me included. So they will file for I-485 base application (I-485, EAD, AP, 944 and I-693) for all of us and when the RFE comes back, they will send in the 485 J. They mentioned this is how they've been doing it always. PS. They are a large employer in the area and not into consulting etc.

[toomuchguy2]

IMO, this was posted a year ago and surprisingly did not make a splash back then. I was under the impression that the split between EB2 and EB3 was unknown and most people were guessing a 70% - 30% split, but this document actually had it in page 2. Helps quite a bit.

It also shows considerable demand in EB3ROW - which according to me dampens a lot of enthusiasm over EB3-I

To your question, about May 2010 to May 2011, if you can downgrade, I do think, you will get your GC sooner. A lot of companies refuse to downgrade for people who can file in EB2.

Thanks for your feedback rocketfast

Other guru's please (Spec, Q etc) what's your take on this?

[sportsfan33]

Oh Spec - you are the rock of this forum and have helped countless people like me without any expectations of a personal return to you. We are all endebted to you. That my news will move you to reveal something about yourself means a lot to me.

I am old enough here to remember when we had lost you for a bit - and how sad it was then - and how we celebrated (in our heads, not meaning to jinx it) when you came back :-)

I am fully intend to continue here. It feels like home here.

Spec is Doctor Who. (s)he was undergoing a "regeneration cycle" then. Now, (s)he's back with a new Avatar.

Yeah...Spec's been around forever...as long as Q's forum (the first two posts are made by in fact him and you; imdeng), unchanging, unyielding, always analytical, always to the point, always helpful.

I still lurk. I hope you will too, imdeng!

[sportsfan33]

Thanks Q. I am probably one the oldest-tenure members here except for like you and Spec. You all have been such a pillar of strength for me and so many others. Thank You!

It has been some journey. Came to the country in June 2003, three graduate degrees between the two of us, filed PERM in 2009, EAD/AP in the glorious days of 2012, RFEs in 2014, 2016, 2018, major panic about BC in the middle, one job change and accompanying I-485J madness, three apartments, two houses, cutest boy-girl twins you will ever see! Finally, after 17 years in the country, we have the legal right to stay in the country - even if we lost our jobs.

Right now I am missing all the old timers in the forum who are no longer active here - folks like Kanmani, Veni, Teddy...

That's quite a journey imdeng! But I will tell you this; "what doesn't kill you makes you stronger".

Seriously, EB-I immigrants should write memorandums/biographies of this journey and bury them in a time capsule. Future historians will find this stuff almost unbelievable.

Make it one beer and one shot of single malt for you today imdeng! Congrats again; your GC made me relive the memory of me receiving it. I am feeling your happiness!

[sportsfan33]

Q,

I've never felt it important to mention, since I assumed most people took it for granted.

Due to the category and nationality (I've never made it a secret that I am not Indian), we had a GC in about a year after applying. Even that seemed an eternity at the time, wondering whether USCIS would find the credentials acceptable or not. I know many people may say that is extremely fast - and it is - but the uncertainty was still there.

Truthfully, we would have pursued opportunities elsewhere had the wait been of any great length.

I was a GC holder even before I joined the forum. I joined because the conversation here was more interesting, more respectful and more concentrated on prediction and calculation than Trackitt. That's saying something, given what Trackitt has descended into 10 years later. While the forum has had some ups and downs over the years, the polite discourse and knowledgable members remain its strength.

Is it really that long!

Unless there is a reversal in the attitude of the agencies to releasing useful and timely data, I fear my days are numbered. I think, probably like you, that there is little point in speculation when there is no underlying data to support it.

It must be quite some time since your approval - long enough that you probably have some difficult decisions to make regarding the next step.

Wha?!?! Spec's a legal immigrant too! Hear hear

No, your days are hardly numbered dear friend. Q's forum will live. Even if there are no useful numbers, this is a forum after all! We can all share news, lift each other's spirits, chat on other topics, share life stories, promote immigration advocacy...really, the number of things that could be done are countless. I don't think your only contribution is sharing accurate numbers...I think your empathy, kindness, reassurance have been very valuable to everyone, including me. I remember how back in 2014, I was frustrated when I didn't receive the blasted medical RFE and was flooding your inbox with my frustrations!

I do hope though that transparency will rule the day and these shenanigans will stop. A lot can be done to ensure fairness and transparency can be enforced in the USCIS's way of doing things. Let's hope for a brighter and more hopeful 2021!

[richie.rich]

Not sure if this question has already been answered before but I was wondering if anyone had inputs on strategy for folks with mid 2010 PD

From the 2019 USCIS I-140 data link below, it appears no of I-140's in EB3 India queue is almost 50% less then EB2 India. Since most EB2 folks past May 2011 may not downgrade, EB2 FAD is expected to move very slowly compared to EB3 FAD.
In other words, there is a high possibility that EB2 folks (PD between May 2010- May 2011) that downgrade would get their GC's much earlier than ones who decide to continue in EB2

https://www.uscis.gov/sites/default/...ry_FY09_19.pdf

Question
Should EB2 PD May 2010-May2011 downgrade to EB3 and file I-485
or
Should we file I-485 in EB2 and wait

I feel that it is going to be other way around. Since EB2 is not eligible to file after May 2011, so all EB2 from June 2011 till Jan 2015 will downgrade and do concurrent filing. That way they will fit in the queue. They will maintain their H1B. If EB2 gets further, they have the option to do interfiling.

It will be riskier from EB2 PD May 2010 - May 2011 to downgrade now with concurrent filing. If by any chance, I-140 get denied, they will be out of queue. Best bet is to not downgrade now and file under EB2 and stay in queue. Later, maintain H1B and start downgrade process to EB3 and file it in future, when dates are current.

Again, this is my thought process and I am not an attorney. Please reach out to your attorney and discuss more. All the best!!!

[radheys]

What about those EB2 between May 15- 30, 2011? should they downgrade or wait for next month bulletin?

[iamdeb]

My PD is May 23,2011 EB2-I...what suggestion do you have for those EB2-I whose PD fall between May 15-31, 2011?