EB2-3 Predictions (Rather Calculations) 2015-2020

[may2011]

Hi,

I applied in Oct 2020, no downgrade .Still haven't got the receipt. My application was sent to the Texas lockbox.I don't know what we can do.
With regards to H4 EAD, there are long delays.Spouses application is pending since June. Its frustrating. Unfortunately there is nothing we can do.I really doubt their capacity to process so many applications

An update.Just chatted with EMMA .Got the receipt number after 3.5 months.So don't worry...

[Noesis]

An update.Just chatted with EMMA .Got the receipt number after 3.5 months.So don't worry...

That's good to know. 3 and a half months is too long of a time just to issue receipt numbers.

Thank you. When were your checks cashed.? As for H4 and H4 EAD; absolutely, the wait is unreal and I am at wits' end.

[may2011]

That's good to know. 3 and a half months is too long of a time just to issue receipt numbers.

Thank you. When were your checks cashed.? As for H4 and H4 EAD; absolutely, the wait is unreal and I am at wits' end.

Yea the wait is never ending..but it's out of our control..filing properly on time is all that we can do

[android09]

1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.

2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".

3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.

These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.

I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:

• Switching between H1B and EAD
• See AP Travel Thread for using AP for Travel and related info.
• Browse EAD Renewal Sample thread for general info on staying and renewing EAD.

Hi @idliman,

All your posts related to EAD/AP and associations related to H1b, H4 EAD etc are worth their weight in gold. Kindly request you add/move these posts to the dedicated EAD thread you had created for reference by the community. I dont want such important commentary be lost in these pages as the commentary changes. People use the EAD thread and it would be really valuable to have details such as this, AOS EAD is permanent, AOS EAD/AP no fee details etc be part of the dedicated EAD thread.

Thanks!

[aGCHopefull]

1. 8 CFR Article 245.2(a)(4) states AOS applicant who is in lawful H-1 or L-1 status shall safely travel out of the country, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). You will be in H1B status as you entered with that status and also your I485 application is still valid. As an additional bonus, it also triggers Sec 245K protection, which essentially forgives you for previous status violations.

2. Two scenarios: a) If the dependent use EAD for employment they have to use AP to enter. Any underlying H4 / dependent status will cancel. b) If the dependent uses AP only for entry the above clause will prevail. i.e., they will still keep underlying H-4 status. In both cases, as primary entered on H1B and still maintaining H1B, only the dependent will move to "Parolee". I-94 status will reflect "DA / Parolee".

3. As someone had used AP, their I-94 will expire 1 year from the date of entry. However, they will still be in "AOS Pending" status after that date.

These AP related questions are very tricky as you are trying to use multiple benefits / statuses without cancelling one of the them by mistake.

I see a lot of questions lately on EAD and AP. A lot of good info is already available in threads. Please take your time to grasp existing info:

• Switching between H1B and EAD
• See AP Travel Thread for using AP for Travel and related info.
• Browse EAD Renewal Sample thread for general info on staying and renewing EAD.

Thanks @Idliman for a prompt reply. Appreciate it.
Just to clarify for 2(b), if dependents use just the AP (not employed today, no H4 EAD) for entry, will they maintain H4 status? Would that still be true if the H1/H4 extension has NOT been applied? (assuming employer does not apply for H1 extension going forward)

sorry, one more question:
in above scenario for primary (returns back on H1 which is valid till Sep 2021), If employer does not apply for H1 extension, what happens after Sep 2021? I-94 expires on Sep 2021? Does primary need to start using EAD ? file some paperwork ?

[idliman]

Thanks @Idliman for a prompt reply. Appreciate it.
Just to clarify for 2(b), if dependents use just the AP (not employed today, no H4 EAD) for entry, will they maintain H4 status? Would that still be true if the H1/H4 extension has NOT been applied? (assuming employer does not apply for H1 extension going forward)

In the case of multiple status situations like "H1+AOS Pending" or "H4+AOS Pending", first individual conditions for each status must be met. Then you look whether what you did is compatible with each other. To maintain H4 status, the primary must be in H1 status, then the dependent should have an approved unexpired H4 status. If you are entering the country you need to have a H4 stamp too. Just like how it is normally done. So to be in H1/H4 both primary and dependent(s) need to apply for renewal and keep extending, so that their immigration status on such and such date is always valid.

If you are in AOS pending status, my take is that the dependent should move to GC EAD (because of the 4 reasons that I listed earlier). This does not affect the primary H1B status. I don't see a lot of positives for staying on H4.

Once you get H4 or GC EAD don't forget to get SSN and claim any stimulus money.

in above scenario for primary (returns back on H1 which is valid till Sep 2021), If employer does not apply for H1 extension, what happens after Sep 2021? I-94 expires on Sep 2021? Does primary need to start using EAD ? file some paperwork ?

If the employer does not extend H1 status, then you for you to keep working to get a valid pay check, you need to present a valid work authorization. The only other authorization that you have is the EAD. So you will have to move to EAD or "AOS Pending" status after the expiry of H1B. The employer will ask for your EAD and then complete the I-9 form along with "E-Verify" process.

Hope this helps.

[Mgajsk]

Hi Gurus,

I have applied for AOS this october and EAD, AP on Dec 4th.

My online status for I-765 shows on "February 12, 2021 Card Is Being Produced"

But my I-131 and My spouse's I-765 and I-131 cases show as "closed". When my spouse called USCIS , they mentioned that her cases ( I-765, I-131 ) are terminated and should wait for paper communication.

Is there any cause for concern ?

[idliman]

I would like to check with the experts here what they think of my situation regarding dependents
My spouse is currently working on H1-B ( has PD of EB3-I May 2009 but left the employer who sponsored)
Currently she qualifies for EB1/EB2 NIW but current employer will file GC only after 3 years of employment
We both received EAD cards this month based on my application.
She is in process of joining a new employer and they have started the process of applying H1-B for her.

1) If she takes the new employment using the EAD , can she go back to H1-B if something goes wrong with I-485 application that was filed based on my employment.
For past 18 years we have kept our legal statuses separate and we are wary now to become dependent on the each other status.
2) If her employer agrees to apply for her GC ( PERM and I-140), will we file I-485 again or will we both interfile the I-485 case moving me from primary to dependent.

Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.

Your wife's PD (EB3I May2009) is FA current. But she does not have an active I-140. If she can go back to the employer who filed for GC then that will be the fastest GC option for you and family. You will get GC before Oct 2021 in this scenario.

Nothing bad will happen to your I485. Normally I485 is denied only for extreme reasons (fraud, medical, background, criminal, DUI, felony, etc.,). So be in peace.

First make sure you meet the 180 day requirement for AC21. That is a very good safety net.

Having myself faced the 2012 situation where the 2009/2010 PD EB2I folks are still waiting and looks like will wait for some more months, I would like you to always have multiple paths for GC. That means having both EB2 and EB3 options open for your family.

EB2I Path: Your PD is almost Nov2010. Ace is optimistic. However, I based on my past wisdom thinks that your PD will be FA current only in the next year (2022).

EB3I Path: My thinking is that your wife should take up the new job and start the PERM process in the new job immediately for EB3I. Your spouse will get your PERM+I140 approved in 12 to 18 months. So in the worst case your wife and family can adjust status before Oct 2022. In the mean time she should just continue to be your dependent for AOS purposes. I think this is the fastest option for you as of now.

Get opinion from others on this topic. I think you are very conservative and safe player. Good Luck.

[idliman]

Hi Gurus,

I have applied for AOS this october and EAD, AP on Dec 4th.

My online status for I-765 shows on "February 12, 2021 Card Is Being Produced"

But my I-131 and My spouse's I-765 and I-131 cases show as "closed". When my spouse called USCIS , they mentioned that her cases ( I-765, I-131 ) are terminated and should wait for paper communication.

Is there any cause for concern ?

Strange. The only requirement for (c)(9) EAD/AP is that I485 should be pending. Don't panic. Just wait to see the reason. Getting EAD/AP is just an extra benefit. The main thing is that AOS stays pending and not getting denied.

[aGCHopefull]

In the case of multiple status situations like "H1+AOS Pending" or "H4+AOS Pending", first individual conditions for each status must be met. Then you look whether what you did is compatible with each other. To maintain H4 status, the primary must be in H1 status, then the dependent should have an approved unexpired H4 status. If you are entering the country you need to have a H4 stamp too. Just like how it is normally done. So to be in H1/H4 both primary and dependent(s) need to apply for renewal and keep extending, so that their immigration status on such and such date is always valid.

If you are in AOS pending status, my take is that the dependent should move to GC EAD (because of the 4 reasons that I listed earlier). This does not affect the primary H1B status. I don't see a lot of positives for staying on H4.

Once you get H4 or GC EAD don't forget to get SSN and claim any stimulus money.


If the employer does not extend H1 status, then you for you to keep working to get a valid pay check, you need to present a valid work authorization. The only other authorization that you have is the EAD. So you will have to move to EAD or "AOS Pending" status after the expiry of H1B. The employer will ask for your EAD and then complete the I-9 form along with "E-Verify" process.

Hope this helps.

Sincere thanks @Idliman!

[Mgajsk]

Strange. The only requirement for (c)(9) EAD/AP is that I485 should be pending. Don't panic. Just wait to see the reason. Getting EAD/AP is just an extra benefit. The main thing is that AOS stays pending and not getting denied.

Thanks Idliman. Spouse is tensed as she cant wait to join her job back. Her H4EAD is pending since September and apparently they will not reuse the Biometrics done for AOS.

[bones20]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

[vsivarama]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

The answer to all of your questions is NO. EAD/AP belongs to you and not tied to your employer.

[bones20]

The answer to all of your questions is NO. EAD/AP belongs to you and not tied to your employer.

thank you.

[inspired_p]

Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.

Your wife's PD (EB3I May2009) is FA current. But she does not have an active I-140. If she can go back to the employer who filed for GC then that will be the fastest GC option for you and family. You will get GC before Oct 2021 in this scenario.

Nothing bad will happen to your I485. Normally I485 is denied only for extreme reasons (fraud, medical, background, criminal, DUI, felony, etc.,). So be in peace.

First make sure you meet the 180 day requirement for AC21. That is a very good safety net.

Having myself faced the 2012 situation where the 2009/2010 PD EB2I folks are still waiting and looks like will wait for some more months, I would like you to always have multiple paths for GC. That means having both EB2 and EB3 options open for your family.

EB2I Path: Your PD is almost Nov2010. Ace is optimistic. However, I based on my past wisdom thinks that your PD will be FA current only in the next year (2022).

EB3I Path: My thinking is that your wife should take up the new job and start the PERM process in the new job immediately for EB3I. Your spouse will get your PERM+I140 approved in 12 to 18 months. So in the worst case your wife and family can adjust status before Oct 2022. In the mean time she should just continue to be your dependent for AOS purposes. I think this is the fastest option for you as of now.

Get opinion from others on this topic. I think you are very conservative and safe player. Good Luck.

Thank you very much for such detail analysis and laying. out all the options.
I will not call myself conservative, we just really didn't care about the GC process till PD got current.
I am now waiting for GC in the EB3-I NOV 2010(not EB2 ),so I also seem to be tending to the option of having my wife join the employer on H1-B and asking them to file her GC application ( it will not matter which category as all will be current for her PD) .

Wanting her to be on H1-B is more of safety net, two bites at the cherry if required.

If we do end up not getting GC by the time she get a new I-140 approved, do we have to file I485 again? And what about EAD/AP ?

[inspired_p]

Everyone in this forum is uniquely qualified, gifted and an expert on their own field. Otherwise you would not have survived this immigration system and managed to be successful in your careers and family. We help each other and learn from each other.

I totally agree on this. Not sure if it came out as braggadocios in my post, I assure you its not the case.
Actually for last 2 weeks, I have been in discussion on this very forum where I have categorically stated my opinion that EB1/EB2/EB3 are just administrative categories.

[raradhya]

When should we expect the Visa bulletin? any rumblings around the forward movement?

[Turbulent_Dragonfly]

When should we expect the Visa bulletin? any rumblings around the forward movement?

From the Feb Bulletin, there is not much optimism of dates moving until May:

EMPLOYMENT-based categories (potential monthly movement)

Employment First:
Worldwide: Current
China: Up to six months
India: Up to six months

Employment Second:
Worldwide: Current
China: Up to three weeks
India: Up to two weeks

Employment Third:
Worldwide: Current
China: Up to one month
India: Up to three weeks
Mexico: Current
Philippines: Current

The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing.

[rabp77]

Hi guys,
Like many here, my AOS was filed in October 2020 (not current for FAD) still waiting for biometrics appointment. Is there any impact to EAD/AP application if I switch job after 180 days from receipt date? Do I have to refile for EAD/AP? Does EAD/AP issuance depend on the new employer filing i485j in time?

thanks!

EAD is linked to a pending adjustment of status application (i-485) in your case. So as long as your i-485 is pending with USCIS and your EAD end date is not reached, it will continue to be valid. The only thing that will make it invalid are either the end date expiring, or i-485 not being pending (approved or rejected)

[bones20]

EAD is linked to a pending adjustment of status application (i-485) in your case. So as long as your i-485 is pending with USCIS and your EAD end date is not reached, it will continue to be valid. The only thing that will make it invalid are either the end date expiring, or i-485 not being pending (approved or rejected)

Thank you!

[rainmaker12]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

[Mgajsk]

Does anyone know if any of the Biden executive orders include termination of I-485 interviews ?

[newyorker123]

Does anyone know if any of the Biden executive orders include termination of I-485 interviews ?

Saw this:
https://www.menendez.senate.gov/imo/...21BillText.pdf

This contains Removal of country caps and a host of other positive changes. However, its too early to say - the whole bill will be subject to a lot of scrutiny so everything could change.

[ivohra]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

I am in the same boat. My husband and I were both fingerprinted on Jan-5. My EAD was approved on Jan-6 and received soon after. My husband's case status is stuck at "Case Was Updated To Show Fingerprints Were Taken." I consulted my attorney and he advised that we contact the local congressmen and after receiving a response we then file an inquiry with Ombudsman.

[ImmiAlien]

I am in the same boat. My husband and I were both fingerprinted on Jan-5. My EAD was approved on Jan-6 and received soon after. My husband's case status is stuck at "Case Was Updated To Show Fingerprints Were Taken." I consulted my attorney and he advised that we contact the local congressmen and after receiving a response we then file an inquiry with Ombudsman.

We are in the same situation too.
Priority date EB2 Feb 2010
Fingerprints Jan 21
Received my EAD Feb 02
My husband(primary applicant) hasn?t received EAD either. We thought it may be because he traveled out of the country after filing the applications. We were told the 131 would be rejected and he has to reapply for that.