485 Struck up at Texas, Should do EB3 to EB2 Interfile Or Just wait

[sanjeevchhibber]

My 485 was filed at Texas Service Center with Downgrade to EB3 on 30th October 2020, EB3 I-140 is approved in August 2021, EAD approved in Dec 2021, My PD is August 2011, Since I have both approved I140 (EB3 & EB2) and PD is current in both EB3 and EB2. USICS is asking people to do Interfile & move to EB2

so Should I do INTERFILE to EB2 OR Just wait in EB3 as priority date is current in EB3 also

[qesehmk]

My 485 was filed at Texas Service Center with Downgrade to EB3 on 30th October 2020, EB3 I-140 is approved in August 2021, EAD approved in Dec 2021, My PD is August 2011, Since I have both approved I140 (EB3 & EB2) and PD is current in both EB3 and EB2. USICS is asking people to do Interfile & move to EB2

so Should I do INTERFILE to EB2 OR Just wait in EB3 as priority date is current in EB3 also

2011 EB2 has much higher chance than 2011 EB3. So i would definitely recommend interfiling to EB2 or simply filing a new 485 based on eB2 140.

[sanjeevchhibber]

My lawyer does not support fresh filing only option is Interfiling, it is already 16 months since I filed my 485 in oct 2020 so Now if I do Interfiling for which I need to submit 485J will the processing time counter will start from beginning again or existing one will continue ?

[qesehmk]

My lawyer does not support fresh filing only option is Interfiling, it is already 16 months since I filed my 485 in oct 2020 so Now if I do Interfiling for which I need to submit 485J will the processing time counter will start from beginning again or existing one will continue ?

It will add some overhead but processing doesn't restart from the beginning.

As per filing new 485 - it is YOUR application. If lawyer A doesn't want to file then go to B.

[rave79]

It will add some overhead but processing doesn't restart from the beginning.

As per filing new 485 - it is YOUR application. If lawyer A doesn't want to file then go to B.

Hi Q - Similar case but if the current employer/lawyer is reluctant to file a fresh I-485 based on approved EB2, can we file I-485 with our personal lawyer ? Do we need I-485 J signed by current employer?

TIA

[qesehmk]

Hi Q - Similar case but if the current employer/lawyer is reluctant to file a fresh I-485 based on approved EB2, can we file I-485 with our personal lawyer ? Do we need I-485 J signed by current employer?

TIA

PERM and I-140 is employer petition. 485 is yours. So absolutely you should be able to file 485 with your own personal lawyer. USCIS may issue RFE etc but the employer should support it or withdraw 140. So don't go nuclear with your employer. Be on good terms. But 485 is your own application.

[sanjeevchhibber]

Hi Q - Really appreciate your valuable advice. one question

I have approached my senator and they have send query for my case on 1st March as my PD is current in EB3 & 16 months have passed, Not sure will that query trigger anything on processing so should I wait for its effect (which may take 2-3 weeks) Or should I go ahead & do Interfiling now ? Just want to make sure Interfiling will Not cause any confusion with senator query and both will help only

[qesehmk]

Hi Q - Really appreciate your valuable advice. one question

I have approached my senator and they have send query for my case on 1st March as my PD is current in EB3 & 16 months have passed, Not sure will that query trigger anything on processing so should I wait for its effect (which may take 2-3 weeks) Or should I go ahead & do Interfiling now ? Just want to make sure Interfiling will Not cause any confusion with senator query and both will help only

Senator's query only helps - never hurts. So if you think interfiling is good for you - by all means do it. I am 99% sure you case is simply waiting for visa. So if EB2 has the visas then interfiling will only help. Good luck!

[sanjeevchhibber]

Hi Q-- Since PD is current in EB3 does that not mean that they have the Visa Number ? I thought issue is the Texas service center processing capacity issue & Not a Visa Issue, Am I understanding it wrong ?

If it is a Visa issue then you are right I will go ahead & do Interfile. please advice

[qesehmk]

Hi Q-- Since PD is current in EB3 does that not mean that they have the Visa Number ? I thought issue is the Texas service center processing capacity issue & Not a Visa Issue, Am I understanding it wrong ?

If it is a Visa issue then you are right I will go ahead & do Interfile. please advice

Really good question. For the life of me I can't figure out what kind of processing they will continue to do on a case that is 10-15 years old. By now they would have known your grandmother from India if they wanted to. The only thing I can think of is that they just don't want to release the numbers until at a point when it becomes crystal clear that other categories don't need it.

Then why they make it current - imho - it is in anticipation of future visa availability and to assure big bosses in washington that they won't be wasting visas. But in reality they want to hold off as long as they can.

[sanjeevchhibber]

Hi Q-

Thanks, I guess that you are suggesting that I should do Interfile as there seems to be No negative impact & EB2 has more visa Right ? Only worry with interfiling to EB2 is that thousands of people might have already put application for interfiling from EB3 to EB2 since January 23rd 2021 when the USICS Notification came out where they asked people to move, If they follow PD for giving GC then I should be good, just don't want to get struck up again

[qesehmk]

Hi Q-

Thanks, I guess that you are suggesting that I should do Interfile as there seems to be No negative impact & EB2 has more visa Right ? Only worry with interfiling to EB2 is that thousands of people might have already put application for interfiling from EB3 to EB2 since January 23rd 2021 when the USICS Notification came out where they asked people to move, If they follow PD for giving GC then I should be good, just don't want to get struck up again

I think you misunderstood me. If you think EB2 has better visa availability - interfile. I wouldn't know.

Is the alternative really that bad for you? You may have already waited decades - in EB3 your wait could be upto Sep by all means. Again it is really upto you. I am just saying interfiling doesn't reset your processing (but mind you it does reset AC21 - so you can't switch jobs until after 180 days from interfile).

I personally don't trust USCIS. They have no business telling people to file in one category or another. I find it sinister why they would do that.

[sanjeevchhibber]

Hi Q,
Thanks, with waiting in EB3 my only concern is that my PD Aug. 2011 is current in EB3 but no GC yet, In March Visa bulletin EB3 date was Jan 2012 so do you think EB3 will retrograde further in coming months & I will miss again
OR
There is around 100k family visa spill over which will be distributed by proportionately between EB1/EB2/EB3 and may be I should be good with EB3

[qesehmk]

Hi Q,
Thanks, with waiting in EB3 my only concern is that my PD Aug. 2011 is current in EB3 but no GC yet, In March Visa bulletin EB3 date was Jan 2012 so do you think EB3 will retrograde further in coming months & I will miss again
OR
There is around 100k family visa spill over which will be distributed by proportionately between EB1/EB2/EB3 and may be I should be good with EB3

I don't think EB3-I will go as far as back as that. So perhaps you can keep waiting in EB3-I.

[sanjeevchhibber]

Hi Q -- Thanks for all the good advice, So if I do Interfile then I can not change job for 6 months since Interfiling is done Correct ?

[qesehmk]

Hi Q -- Thanks for all the good advice, So if I do Interfile then I can not change job for 6 months since Interfiling is done Correct ?

since your receipt date on interfiling application I would think.

[sanjeevchhibber]

April Visa Bulletin came with no change in PD on EB3 (Jan 2012) mine is August 2011 should continue to wait in EB3 or interfile to EB2

[AceMan]

April Visa Bulletin came with no change in PD on EB3 (Jan 2012) mine is August 2011 should continue to wait in EB3 or interfile to EB2

Just do it, if you think it helps your case. It is straight forward letter along with 485J from your employer for the Eb2 position. USCIS have a new location for the interfiles, I think.

[beagle]

April Visa Bulletin came with no change in PD on EB3 (Jan 2012) mine is August 2011 should continue to wait in EB3 or interfile to EB2

Main factors to consider
1) Approved downgrade petition EB3 I-140
2) EB2 and EB3 with the same employer
3) No job switch after downgrade
4) RD of your downgrade
5) Plan to be with the same employer after interfile

Interfiling back to EB2 poses minimum risk based on the above factors. If you are at SRC, recently they have started transferring back to MSC. SRC seems to be transferring back to MSC based on series no. Today, it was SRC21902, SRC21903, SRC21904 and SRC21905. This pattern kind of started today. Next week, if its following the logical sequence then you can kind of predict when your file will be transferred. But its too early to claim they are following the receipt nos based transfers. You might wonder how I know about these transfers. Well, I'm one of the lucky soul whose straight EB2 was transferred from MSC to TSC last fiscal. Last week, my MSC case was transferred back to MSC from TSC after 267 days of wait :-)

Whether you wait or not in EB3 boils down to how far down you are in the queue to get yourself out of TSC. Based on the above factors analyse the risk involved in interfiling. If you've a pending EB3, then you might end up back in TSC. But some have found success with interfiling even with pending EB3 I-140.

In summary, all I can tell you is the worst possible response - It all depends on your luck !!!

[sanjeevchhibber]

Thanks, my filing date is Oct 30th, 2020 at Texas & in 21909 series and it was always at Texas, my PD is Aug 2011, so are we saying that they transferring all the interfiling to MSC Or only those which came from MSC ?

[beagle]

Based on the Q1 report, TSC has ~90K pending 485 applications which comprises of
1) EB2->EB3 downgrades starting with series SRC
2) Straight EB2 filers (MSC series) transferred to TSC for load balancing.

Now TSC is transferring from both the SRC and the MSC series under their jurisdiction back to MSC as part of their own load balancing activity. Interfiling as per the recent USCIS request, is asking EB2->EB3 to file an interfile request. Once the interfile request is approved, NBC is again pulling the SRC series out of TSC back to NBC to adjudicate the EB3 under EB2.

[sanjeevchhibber]

This is good
So NBC is going to adjudicate the cases also i thought they are only collecting the interfile request and will send it back to MSC or TSC where the case will be adjudicated?

[beagle]

NBC == MSC

National Benefits Center (NBC) located at Missouri is usually referred as MSC. NBC fans out the applications to the various Field Offices (FO) to help with the adjudication process. That is why NBC processing rate is high because there are so many FOs. Once the FO decides to approve your GC, they will communicate the same to NBC where it will be printed and shipped.

With centers like TSC, they can approve the GC without sending it to any FOs. But the processing capacity can't match with NBC (or the various FOs under NBC). That is why getting out of TSC is important as the pending ~90K is not easy to clear without a radical change to their current staffing/processing capacity.

[sanjeevchhibber]

Thanks very good info, what you suggest for my case, my pd is aug2011, eb3 downgrade on 30th oct 2020, struck up at tsc, application number is SRC 21909???? Series, should i do interfile or wait may be my file also gets transferred to nbc as part of load balance

[beagle]

USCIS claims EB3-ROW is so high that it can't move EB3-India. But you are already current in EB3. Interfiling provides a "potential" escape plan from TSC. Q1, NBC approved ~30K applications and TSC approved ~3000 applications. So based on my earlier post, if EB2 is with same employer/same job and its a simple application, interfiling might help you get GC within this fiscal. No one knows how things will plan out with USCIS. All I can do is wish you luck.