October 2020 VB Discussion

[android09]

I have a 2013 EB2 I140 from an old employer. No Perm filed with current employer.

Can someone please tell me my options for filing I485 ?

I guess I will need a downgrade to EB3. Is my only option to join old employer, apply for downgrade, and then apply I485 after approval ? This might take a long time. Is there a way to downgrade to Eb3 without joining old employer ?

Unfortunately I don’t think so. I believe the requirements are you need an approved PERM and approved I-140 from current employer. This is the situation many people are going to find themselves in.

[bikenlalan]

Whhat happens if USCIS ask applicants to use Final Action dates and not filing dates?

Nothing happens, you will use the Final Action dates. But it seems most likely they will accept the Filing dates from the statement in the Visa Bulletin "The movement of these dates has been taken in consultation with USCIS Office of Policy and Strategy to accommodate processing plans for USCIS Offices during the coming fiscal year and to maximize number use within the FY 2021 annual limits."

Plus this will being them a lot of funds in.

[newyorker123]

Unfortunately I don’t think so. I believe the requirements are you need an approved PERM and approved I-140 from current employer. This is the situation many people are going to find themselves in.

Nope. I am sure that if my application was filed with EB3, I would have been able to file I485 with an old employer. I485 is for future job offer.
I am confused because my PERM was with EB2, and I need a downgrade too

[Zenzone]

My PD is EB2 Jan 2011 so I'm current for filing. Should I still consider downgrading to EB3 in anticipation of being current for final action sooner? Completely torn

[optimista]

OK, I get your point, but did you have to really say it so early (thoda aur celebratory nachne dete humko aur) :-). Well, TBH you have a valid question. let's see what experts advice on this.

[jimmys]

There is a massive gap between EB-3 and EB-2 filing dates. A lot of downgrades will clog EB-3 line as well.

[vbollu]

Hi,

My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.

[Zenzone]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

Yes I agree...the direction is very positive...I just got current for filing for myself....EB2 - Jan 2011. But not sure if I still go for a downgrade

[EB2IndSep09]

One QQ, when filing for 485 do we need a copy of the I-140?
I have one from a previous employer with the PD in Sep2010. The current employer who has filed and have an approved I140 from 2017 did not share a copy of it. And I would be filing 485 based on the current job.

Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.

[VV_Nlr]

As Jimmys said the dept has to publish it latest by morning of Oct 1st. But I don't think there is any law or regulation at all that DoS is bound by. If DoS does not publish VB by Oct 1st morning, then they expose themselves to lawsuits as somebody can claim some loss because of DOS' act.

However DoS has all the discretion to publish it or not ahead of time. There is literally nothing we can do other than wait.

My PD is Feb 2011.
I have to travel to India on an emergency.
Given the current scenario, I may be stuck there 4 months.
Can I file from India?

[jimmys]

Yes I agree...the direction is very positive...I just got current for filing for myself....EB2 - Jan 2011. But not sure if I still go for a downgrade

No one knows how the FA will turnout. EB-2 may have the chance of vertical SO from EB-1 for the year 2021. So if I were you, I will stay put in EB-2 with Jan 2011 PD.

[qesehmk]

My PD is Feb 2011.
I have to travel to India on an emergency.
Given the current scenario, I may be stuck there 4 months.
Can I file from India?

I am very sorry for your situation. You can not file AOS from outside USA. Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.

So your best bet is to come back before end of October and file AOS immediately once you are back. Again - I truly feel terrible to answer it this way. Perhaps spend some money, talk to a lawyer about your situation. May be there is a way.

[mesan123]

I saw that the fling fee’s will be changed by Oct 2nd. Is there anymore changes to filing 485 than that???

[mesan123]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

Thank you Q... atleast in this tough times some light for few..

[jimmys]

Also once you file AOS you must have an approved AP otherwise if you leave country your AOS is considered abandoned.

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

[VV_Nlr]

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?

[srimurthy]

Any reason why would your current employer do not provide you the I140 even if you are going to file your 485?
if they do not or will not for some reason unspecified you can get a copy from USCIS by making them a request as I140 from current employer or a concurrent filing is one of the requirements to process AOS.

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

[idliman]

DoS has shown good faith effort to move dates ahead in anticipation of 100K extra visas. Congrats folks who will be able to file 485 in October.

It looks like DOS moved the FA dates based on Quarterly spillover calculation. Based on the usage, the EB2I FA dates might move slowly for the next 2 months. But in the next quarter we should expect another 1.5 month movement for EB2I. We should wait for the Check-in with CO.

The DF dates are based on the full year potential movement. So, I don't think those dates are going to move unless there is vertical spillover from EB1 (potentially in summer 2021).

[qesehmk]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

VV_Nlr see what jimmys is saying. If true - and I believe H1 is a dual intent visa and thus should qualify.

Thanks, Q.
Unfortunately, I am not eligible for dropbox as my stamping expired in 2017.
I will definitely check with a lawyer.
Given, the current volume they are going to take in, should I assume it will take atleast a year to get the AP?

Perhaps. All the best.

Thank you Q... atleast in this tough times some light for few..

Indeed!

[vbollu]

@qesehmk can you please reply?

[sk.aggarwal]

As they say I140 is employer owned and hence they don't share a copy. Company policy and BS

I have previously done FOIA request to get copy of I-140 but it may take few months, which you may or may not have. I was previously told that if you happen to have your A# or I-140 receipt #, that could be used. I work for bank and hate that fragomen/hr refused to share the copy of I-140.

[VV_Nlr]

If you have a valid non-immigrant visa you can leave the country before AP is received. I did that. It's allowed under current regulations.

@jimmys
Thank you. my current non immigrant visa is valid until 08/2023.
So, I can just apply for AOS and AP and leave?

[Justmyself]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/1309112960414093313?s=20

[Turbulent_Dragonfly]

So, siskind has been tweeting that uscis might not honor filing dates after all. Any thoughts on this?
https://twitter.com/gsiskind/status/...414093313?s=20

Maybe some fact to that. They may accept the filing date for a few months so that they can reap all the revenue from the applications and then pull it back.

[qesehmk]

Hi,

My PD is EB2 Oct 25 2011, can I downgrade to EB3 and file concurrently in eb3 category since eb3 has moved to jan 2015.

Absolutely yes.