EB2-3 Predictions (Rather Calculations) 2015-2020

[Octgc7]

Sorry for posting in this thread.....but wanted to check with the forum experts regarding a passport related issue........
There is a typo in the ?place of birth? field listed on my wife's passport . It differs from the one listed on her birth certificate. In the VFS site, for passport renewal, I see there is a check box for
Miscellaneous Service with option "Do you want to Change your Place of birth?" Has anyone availed this feature during their passport renewal process.
Any help/information regarding this will be much appreciated.
Thanks in advance!

I also had the same issue with "Place of birth" in my passport. I was able to change it in my passport in oct 2020 and it was done through CKGS at that time. Misc service was chosen for the option. I dont remember the exact steps in it.

[idliman]

"The 180 days is concerning only the I485 and subsequent use of AC21 job portability. To avail that benefit you need to stay with the employer for 180 days from the notice day."-- Is it 180 days from received date or notice date? For e.g. if my document is submitted to USCIS on Oct-29 (which is the received date) but the notice date is Jan 30. On such scenario 180 days will be calculated from Oct-29-2020 or Jan-30-2021?

It is "Received Date" as noted by Turbulent_Dragonfly above.

The 180 days is based on calendar days (not business days). The clock starts with the "Received Date" of your I-485 application, as indicated in your I-797 receipt notice.

It is also clearly stated in the USCIS Policy Manual.

If USCIS has approved an applicant?s Form I-140 petition and the applicant?s adjustment application remained unadjudicated for 180 days or more (from the adjustment application receipt date), the approved petition remains valid unless the petition?s approval is later substantively revoked. This applies even if the applicant changes jobs or employers so long as the new offer of employment is in the same or similar occupation. If the adjustment application has been pending for less than 180 days, the approved petition does not remain valid with respect to a new offer of employment.

[iamdeb]

I also had the same issue with "Place of birth" in my passport. I was able to change it in my passport in oct 2020 and it was done through CKGS at that time. Misc service was chosen for the option. I dont remember the exact steps in it.

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

[rocketfast]

This is not true. AC21 states that adjustment application should be pending 180 days. It does not say you need to be employed. There is a difference. Lots of employers dont withdraw the petition. If you are out of a job on day 150 sure you are not portable but on day 181 you do become portable. The law states the adjustment application must be pending 180 days does not say anything about a job

This is pretty much exactly that happened with my friend. He got laid off. The employer assured him that they will not withdraw the petition. He joined a new company who filed the 485-j. But, USCIS language is not very clear here to make an assertion that this is always true. It is surprising that something as common as this does not have clear answers in the USCIS website.

Some snippets from immi lawyer websites:

B6. Will my I‐485 AOS application be denied if I am laid off less than 180 days after it was filed?

Not necessarily. USCIS has stated that an I‐485 AOS application will not necessarily be denied if the applicant leaves the I‐140 immigrant visa petitioner
less than 180 days after the AOS application is filed. This is because both the I‐140 immigrant visa petition and I‐485 AOS application focus on the
prospective (future) employment of the applicant. That said, both the I‐140 immigrant visa petition‐filing employer must have intended to offer, and the I‐
485 AOS applicant must have intended to accept the employment at the time of AOS filing. USCIS has indicated it will investigate such cases as it deems
appropriate.

..

I lost my job before the I-485 had been pending 180 days. Can I still use portability?

There are some key concerns in this situation. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case.

[smuggymba]

Anyone from TSC received RFE's for 485 from when we submitted it in 2012? My PD is March 2010 and no RFE/no communication so far but I'm seeing some action from Nebraska on trackit for 2010 PD's.

[ak7419]

Anyone from TSC received RFE's for 485 from when we submitted it in 2012? My PD is March 2010 and no RFE/no communication so far but I'm seeing some action from Nebraska on trackit for 2010 PD's.

I am current since November and have not received any RFE. My case is with NSC and my spouse's with TSC. Neither of us received any communication from USCIS recently. waiting game...

[android09]

I had not logged on the qesehmk forum for a few days and came back in last evening, I must say each and every page of this forum is gold. I caught up from 352 to now and my word, the amount of valid, relevant and important discussion in those 8-9 pages is just astounding. Sending my thank you to all who provides such key insights that informs everyone !

[Pundit Arjun]

I am current since November and have not received any RFE. My case is with NSC and my spouse's with TSC. Neither of us received any communication from USCIS recently. waiting game...

Use your senator or online inquiry. I used it and got RFEs triggered.

[Moveon]

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

Please keep your passport and birth certificate in sync to avoid any issues with GC issuance. If they see a discrepancy they will cause issues .

[qesehmk]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

[knighthood83]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

[Zenzone]

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

Usually it isn't a problem. Just make sure the job is in the same or similar field pursuant to AC21 portability requirements. But the 485-J pprwrk. burden on the employer is very light. Usually many if not most will agree to it because it involves on visa sponsorship or PERM/I-140 applications which way more involving on them.

[mrperfect]

Gurus .. Need your advice plz.. My PD is 12/23/09 (EB2) i have been on EAD since 02/12 .. My wife got a PD 5/18/10 from a small Desi consulting company with approved 140.. However she switched to use EAD from my PD and has been working FT with a big financial company. Should we revive her PD and apply? or wait for mine to reach the line... the wait is killing

[Mgajsk]

Folks who received EAD on October filing. How long after your received an update from USCIS to reuse Bio-metrics, have you received your EAD cards?
Does getting this Biometric reuse status mean the USCIS is close to processing the EAD application?



765,131 Filing Date : Dec 07 2020 ( Applied after I received the 485 receipt no )
765,131 Received Date : Jan 16 2021
765,131 Notice' Date : Jan 27 2021 ( Notice to reuse bio-metrics done for 485)

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date : Nov 11 2020
Bio-metric notice received date : 01/02/2021
Bio-metric appointment date : 01/12/2021 (Grand Rapids Mi ASC)

[Transformer]

Gurus, I filed 485/EAD/AP in October. EB2-EB3 downgrade with PD May 2011 (missed Eb2 by 2 days). Due to family emergency I had to travel to India. I am back in USA and received my receipts last week. I know I have to refile my AP as my travel out of country invalidated it. Do I need to pay filing fee for AP or is it free even in this scenario? Also how hard it is to file on my own. Thank you.

[qesehmk]

Thanks Q I agree spoke with an attorney on this and they said the same. The only thing I would say is when one moves on a EAD there would have to be some sort of an arrangement for the new Employer to support 485J right?

Is that usually a problem?

485-J indeed is a requirement every time you switch a job before GC approval. There is no escaping (except perhaps when filing concurrent). Unfortunately DOS / USCIS have made it a requirement.

The good thing is that it is not very onerous. So employers should be able to take care of this quickly.

[Octgc7]

Appreciate the response!!couple of questions if you don't mind...how long did it take to get your corrected passport back? and also did you have to provide any supporting document as evidence for the place of birth?

It took about a month to receive the passport in hand. Copy of original birth certificate and copy of digital birth certificate from the state government website were submitted as evidence (You need only one of it as evidence). Just want to add that my "Place of birth" was entirely different in the passport, not a typo. Only city of birth can be changed, State or Country of birth CANNOT be changed.

Even though my passport had validity for 4 more years, it was submitted as renewal. So I had to submit all the other documents for passport renewal in addition to the birth certificate copy. The latest passport has an expiry of 10 years from the applied date.

If you applied to New York consulate, it has online helpline called PRAMIT (Pravasi Mitra). Their response was really good with all the clarifications and status update.

[LeoAugust]

If you lose your job less than 180 days since your 485 is pending, just hold tight until 180 calendar days are completed. You are still in status. Don't worry.

After your 180 days are completed, you can switch to a new employer and you don't even need an H1. Simply use your EAD when you get one.

Current scenario Bio appointment is taking more than 4-5 months. What will happen if bio is not done and the person did not receive the card by that time?

[Turbulent_Dragonfly]

Folks who received EAD on October filing. How long after your received an update from USCIS to reuse Bio-metrics, have you received your EAD cards?
Does getting this Biometric reuse status mean the USCIS is close to processing the EAD application?



765,131 Filing Date : Dec 07 2020 ( Applied after I received the 485 receipt no )
765,131 Received Date : Jan 16 2021
765,131 Notice' Date : Jan 27 2021 ( Notice to reuse bio-metrics done for 485)

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date : Nov 11 2020
Bio-metric notice received date : 01/02/2021
Bio-metric appointment date : 01/12/2021 (Grand Rapids Mi ASC)

Probably too late, but try not to reveal your true identity here or other online forums!

Also I applied in first week of Oct and did my FP in the first week of Dec and have not yet received any approvals for EAD/AP.

[Turbulent_Dragonfly]

Gurus, I filed 485/EAD/AP in October. EB2-EB3 downgrade with PD May 2011 (missed Eb2 by 2 days). Due to family emergency I had to travel to India. I am back in USA and received my receipts last week. I know I have to refile my AP as my travel out of country invalidated it. Do I need to pay filing fee for AP or is it free even in this scenario? Also how hard it is to file on my own. Thank you.

https://www.nolo.com/legal-encyclope...ce-parole.html

[Turbulent_Dragonfly]

Gurus .. Need your advice plz.. My PD is 12/23/09 (EB2) i have been on EAD since 02/12 .. My wife got a PD 5/18/10 from a small Desi consulting company with approved 140.. However she switched to use EAD from my PD and has been working FT with a big financial company. Should we revive her PD and apply? or wait for mine to reach the line... the wait is killing

So you have an earlier PD than your wife and want to apply based on her PD? Maybe you got your dates wrong or something because that question does not make sense.

[Mgajsk]

Probably too late, but try not to reveal your true identity here or other online forums!

Also I applied in first week of Oct and did my FP in the first week of Dec and have not yet received any approvals for EAD/AP.

Thank you.
is yours being processed and National benefits center?

[Transformer]

https://www.nolo.com/legal-encyclope...ce-parole.html

Thank you for the link. Fee part is little ambiguous. Just contacted my attorney and he says this:

Since the first AP never got approved, this filing will not be an extension. It will a first time AP so he will have to pay $575.00 for each applicant to file AP.

I am confused.

[Turbulent_Dragonfly]

Thank you for the link. Fee part is little ambiguous. Just contacted my attorney and he says this:

Since the first AP never got approved, this filing will not be an extension. It will a first time AP so he will have to pay $575.00 for each applicant to file AP.

I am confused.

I believe he is right. In your case, your current I-131 application will eventually have a status of applied for and abandoned. So you essentially lost the freebie you get when applying for I-131 along with the I-485 and will have to pay for the new applications.

[Turbulent_Dragonfly]

Thank you.
is yours being processed and National benefits center?

Yeah that's correct, applied at Dallas Lockbox and routed to MSC.