October 2020 VB Discussion

[ksiva887]

My priority date is EB2 dec 2020. I looking to apply for i485 when we can use "Filing Dates".

I am in USA and my spouse is in India. I do not see her coming back anytime soon as visa date are not available for stamping. She is on H4 and she needs visa stamping. Gurus, please suggest what are my options to apply i485.

[maverick2010]

I two questions - Please chime in if you know the answer

a. Can an individual/employee file I-485 himself with employment letter (or) employer's help is needed for filing(on top of employment letter)?
b. What is the cost to file I-485 without employer's help.

Thanks!

[aGCHopefull]

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

I had found copy of I140 in my H1B extension application(That's needed to file for extension). Company had shared that docket with me. Can you check in that docket?

[Zenzone]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

USCIS has not yet updated their Oct 2020 bulletin yet. Here is why someone might be a bit more optimistic in general -

Employment-based: All of the Final Action and Application Filing Dates have been advanced at a very rapid pace, in anticipation of the FY 2021 annual limit being approximately 261,500, an all-time high. 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. Pending demand, in the form of applications for adjustment of status, and documentarily qualified immigrant visa applicants, is well below the estimated annual limit of 261,500. Adjustment of status applications filed early in FY 2021 are most likely to be adjudicated during the upcoming fiscal year.

[Moveon]

https://travel.state.gov/content/tra...ober-2020.html

EB3 filing date 01JAN15 and EB2 is 15MAY11

EB3 FA - 15JAN10 and EB2 - 01SEP09

Should people Downgrade .

I have my EAD with PD in Dec 2009 . I guess its better to wait ?

[nbk1976]

It doesn't say any where that we can start using "Filing Dates" yet - That means we still have to use "Final Action Dates". Why is everyone excited?

Aren’t filing dates past your PD automatically grants you the ability to file your I-485? I am not sure I understand. What’s the purpose of the filing dates?

[AceMan]

https://travel.state.gov/content/tra...ober-2020.html

EB3 filing date 01JAN15 and EB2 is 15MAY11

EB3 FA - 15JAN10 and EB2 - 01SEP09

Should people Downgrade .

I have my EAD with PD in Dec 2009 . I guess its better to wait ?

People are going to do whatever they want, however they want, irrespective of what it sensible.

You have posted a question, which you already know the answer.

[bookworm]

Prabakarb - Thanks for responding. Could you provide a little more details? How do you know? Personal experience or knowledge of law/rule etc. Sorry - I am not doubting your word - just that I am hyper-cautious about anything immigration related with whats going on in the country right now.

If your extension is in line with the law then how could they ask you to file it? The scenario of owed taxes is different from one where there has been no determination of tax liability. Its good to take care of pending issues but i dont think this would be a roadblock to your gc.

Congratulations on becoming current!

[gcpursuit]

Anyone?

Sorry haven't been this hopeful in a long time

Yes. You just need to inform NVC that you are doing Adjustment of Status. I picked Consular processing to keep that option open for me in all my I-140s. When I got current and filed I-485, just wrote a letter to NVC informing them of the same.

[android09]

Only the Final Action date can lock your son's priority date without aging out. If you file your I-485 based on Filing date, it will not lock your son's priority date from aging out. Check for Child Status Protection Act (CSPA)..

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/gre...yment-based-56

[cool_dude]

That sucks..May be next month they will accept filling dates?

[GCkaLADDU]

Phew! Thanks so much Bro

[GCGCGCGC]

Only the Final Action date can lock your son's priority date without aging out. If you file your I-485 based on Filing date, it will not lock your son's priority date from aging out. Check for Child Status Protection Act (CSPA)..

Thank you very much Tandav for your reply.

[android09]

That sucks..May be next month they will accept filling dates?

Lots of confusion out there. Not sure which date to use. Per this document tweeted by a lawyer, USCIS Has not yet decided.

https://www.uscis.gov/green-card/gre...-visa-bulletin

[qesehmk]

Hi Q and all.. my spouse's PD is June 2010 EB2I. Newbie question - What is the advantage to file concurrently in eb2 and eb3?

Plus is you are hedging across categories and whichever gives you GC faster makes you happy.
Minus is the money and effort involved.

Thanks Q. I am still going to make an effort to get my tax return in as soon as possible - but its good to know that its not a specific reason to be too worried.

For others who may have similar question: my research indicates that USCIS has access to your SSN records (for example: paychecks assigned to your SSN) but it does not have access to your IRS records.

Makes sense. I have restated my 2020 tax return on 14th july ... yet to hear from IRS. Expect delays given the whole COVID thing.

Q\Fellow Travellers

My PD is April 2013 (EB3-I) and it's a consular case as i was out of States when it was filed. I am currently in States on H1B and my understanding is that i should be able to file I-485. Just need to notify NVC and USCIS.

Is my understanding correct?

Go ahead and do it! Good luck!

[EB22010Dec]

Done, go back to your jobs, and come back down to earth.

Hope springs eternal and I am sure next month will be different.

[Zenzone]

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/gre...yment-based-56

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

[iamdeb]

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

below link is for August

https://www.uscis.gov/green-card/gre...yment-based-54

If you check in this above link - last two digits is 54 and if you substitute with 55 and 56 then we are seeing September and October.

[EB22010Dec]

Why I'm not seeing this page when I navigate in the USCIS portal?? Checked again...Looks like the page has been taken down. It only shows September 2020 filing information now.

It's up again and it has been updated on Sep 24th.

https://www.uscis.gov/green-card/gre...yment-based-56

[gs1968]

The filing dates chart is not there-only the final action dates chart.Maybe it is getting revised

[EB22010Dec]

The second table will be present only if they are accepting the filing date.
Look the link bellow -

https://www.uscis.gov/green-card/gre...yment-based-48

[iamdeb]

The second table will be present only if they are accepting the filing date.
Look the link bellow -

https://www.uscis.gov/green-card/gre...yment-based-48

ya seems like it..even for Aug & Sep 2020 they didn't accept the filing date , hence second table not present. looks like same thing for Oct 2020.

[Prabhas]

Looks like USCIS is going with Final Action Dates and not filing dates. Was this all for nothing?

https://www.uscis.gov/green-card/gre...yment-based-56

I believe that link only pertains to Final Action Dates...Filing dates is in this below url which is still to come...

https://www.uscis.gov/green-card/gre...-visa-bulletin

[Justmyself]

So, if they do not accept the filing date at the start of the fiscal year, this admin probably will never accept it. It’s obvious that the SO is bound to get wasted this year.

[Zenzone]

So, if they do not accept the filing date at the start of the fiscal year, this admin probably will never accept it. It’s obvious that the SO is bound to get wasted this year.

On what basis you say that? The true answer is we really don't know. I understand that the glass is half empty for you now, I don't blame you for that. Also, will it be "this administration" after January