EB2-3 Predictions (Rather Calculations)

[Aug2010]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

[qesehmk]

Thankyou and also AP and Ead can be filed later after filing i485 right?
Supposedly FAD does not become current and we r stuck.

Absolutely correct. Get your 485 done ASAP. If for any reason you have problems with AP and EAD ... don't worry a thing. You can file them anytime.

[Turbulent_Dragonfly]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

"Porque no los dos?"

[raradhya]

Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.

Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.

I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.

If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.

Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.

how does USCIS know we left the country since they don't take I-94 anymore.

[YTeleven]

Quick question folks...What's your opinion bout whether DOS will keep the filing dates as they are and USCIS accepting the same filing dates for the Nov 2020 bulletin?

It's all depends on USCIS ability to issue 261,500 GCs by Sep2021.. if they really want to do that then they will not retrogress the dates till Sep..they will move FAD rapidly and match with FD by Sep..

[Lake789]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!

[YTeleven]

Please Advise : I have approved I-140 in both EB2 and EB3 category-priority date of AUG 2010 and both are with same employer -as per new visa bulletin my priority date is current for both categories - Now, Please advise which category to file I-485 ?

I would go for EB3.

[delguy]

I-944 queries:

"Part 3. Your and your household members assets, resources..." <- This section has space for 3 household persons. Do we have to only fill 2 entries - spouse and applicant here and not the kids? Family information including kids already comes in section "Part 2. Family Status".

or.

Fill 3 members here and 4th one in "Part 9. Additional Information".

[YTeleven]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!

I don't think EB2I 2014 FAD will current in anytime near future... EB3I FADs can go beyond 2015 in this FY by Sep. If you have a clean case you might even get GC this year in EB3I

[Turbulent_Dragonfly]

I-944 queries:

"Part 3. Your and your household members assets, resources..." <- This section has space for 3 household persons. Do we have to only fill 2 entries - spouse and applicant here and not the kids? Family information including kids already comes in section "Part 2. Family Status".

or.

Fill 3 members here and 4th one in "Part 9. Additional Information".

Only you and your spouse have assets and liabilities to declare. They provided the extra space if you have others living with you. Please read the instructions, they are very detailed.

[abcx13]

EB3I FADs can go beyond 2015 in this FY by Sep.

Sorry but how do you figure this?

[qesehmk]

I don't think EB2I 2014 FAD will current in anytime near future... EB3I FADs can go beyond 2015 in this FY by Sep. If you have a clean case you might even get GC this year in EB3I

YT - be careful. I think that's going too far (the EB3 comment). I am sorry if you have already laid out numbers somewhere that I haven't seen. Please point me to it if so.

[idliman]

Can you please let me know on my below situation -

Need help group - my PD - Jan 2014 EB2, Spouse's PD - Mar 2016 EB2. I am planning to downgrade from EB2 to EB3 and avail of the EAD option. The bulletin was so confusing, they talk abt 260K visas, but practically 2 months movement in the FAD for EB2 and EB3. Is there any way that EB2 FD can come any close to 2014 this fiscal year? Is what I am planning to do correct, in the current circumstances. Or rapid movement may mean couple of years of movement in EB2. Have been doing a lot of math with pending visa numbers, I140s etc, but honestly nothing makes complete sense .. Please help!

The filing dates (DF) are determined based on expected movement at the end of the year. There are 4 times more people in EB2I queue when compared to EB3I queue. That's why EB3I DF had moved 1795 days versus 638 days for EB2I. If you are in 2014, then it may be better to get EAD. But please note that final action dates are based on many other things. As more people port to EB3I it will slow and clog. DOS talks to USCIS to make sure that it has capacity to process GCs. That is one of the reasons why you will see less movement for "FA" dates. Hope this helps.

[idliman]

In my opinion rapid movement may mean 1 to 3 months movement for FA dates. Anything more than that I will be surprised and extremely happy. Just note that before COVID, EB2I was moving 2-3 days per month (or 1.5 months per year). So rapid movement is left to your interpretation.

[Turbulent_Dragonfly]

I think they are again going to release Nov bulletin as late as possible, not to antagonize us, but to find out how many people are going to file under the different classifications per the new filing dates. Simple math for EB2I suggests that if they want to reach 15 May 2011 from Sep 09, they just move it 2-3 months every bulletin to manage the flow of applications better. That's why I am really surprised about them moving EB3 to 2015. No question, it's a boon to all those waiting years, but it will once again severely muddy the waters because of the mass downgrades.

[texas_]

Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.

how does USCIS know we left the country since they don't take I-94 anymore.

Apply ead ap in October 2020, if both are approved after 7-8 months. What would be validity of both end and ap.?
Would it start date = October 2020 or the date approval and a year from there ?

I’m a first timer ead ap so no clue
Thank you in advance

[gcpursuit]

Apply ead ap in October 2020, if both are approved after 7-8 months. What would be validity of both end and ap.?
Would it start date = October 2020 or the date approval and a year from there ?

I’m a first timer ead ap so no clue
Thank you in advance

it will be one year or 2 years from the date of approval.

[YTeleven]

YT - be careful. I think that's going too far. I am sorry if you have already laid out numbers somewhere that I haven't seen. Please point me to it if so.

If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-...tizenship-data

[Turbulent_Dragonfly]

If they move the FA dates 2-3 months for every bulletin through January as they indicated, that would be a good outcome. Beyond that, I guess it will depend on the applications that they receive in the first quarter.

[delguy]

Only you and your spouse have assets and liabilities to declare. They provided the extra space if you have others living with you. Please read the instructions, they are very detailed.

I just read but instructions on page 4 for Part 2 Item 1 says that any child under 21 residing with you is considered part of household. So looks like childs have to be reported there. Doesnt make sense to me but this is what they seems to expect.

[Turbulent_Dragonfly]

I just read but instructions on page 4 for Part 2 Item 1 says that any child under 21 residing with you is considered part of household. So looks like childs have to be reported there. Doesnt make sense to me but this is what they seems to expect.

The children don't have any income so they don't have to be declared under "Household Income" in Part 3 because they don't contribute to the assets/income. All they are trying to find out is if you earn less than 125% of the Federal Poverty guidelines.

So yes, they do have to be reported under Part 2, but not Part 3, since your original question was for Part 3.

[HMTEB2]

Hi Friends, I am EB2 Jun 2011 . My attorney is suggesting to wait for the Nov Bulletin and apply in EB2 if the dates move forward, and if not then downgrade to EB3 before Oct 31. Do you think it is a wise strategy ?

[android09]

My wife's employer has 30 people who became current and filing I-485s for them and their families. The HR mentioned they're focused on filing I-485 right now and so will not be filing I-485j along with the application and will submit that when the RFE comes and mention this is their standard practice.....anyone come across that?

[jimmykashmir]

If you check my previous posts I'm cautious on that all this happens if USCIS is committed to issue 261,500 visas in next 364 days and in the given circumstances to achieve that only option is to supply the visas where demand exists and that demand exists or generated in all EB categories for India. If you see one indicator of I-140 approvals in 2020 FY it has been dropped to 2009 levels in 2020 FY. This will convert into less demand for ROW in 2021 FY. So in net effect in 2021 FY Indians will get at least 150K visas(it can be even more). In all of my responses the basis is this: Indians will get a total of 150K EB visas in FY21 provided USCIS has to commit to allocate 261,500 visas in FY21. To arrive at this conclusion there is not much calculations are needed. Also, I don't consider that these downgrades will create a tectonic shift of demand from EB2I to EB3I. Even if it happens in a significant portion the supply is huge and that will evens out somehow.

I respect your concern and I'll back-off little bit now till everyone syncs with my logic may be after 2 months from now by seeing the trends then I can predict more. Lets wait and see.

If anyone need more latest data on the stats check this link: https://www.uscis.gov/tools/reports-...tizenship-data

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does anyone know please what it is the latest on the 485 fee schedule? the latest I got from my lawyer is that for now it will remain old fee structure of $ 1225 per applicant? thanks!

[shriny]

My company attorney team says they are planning to file Adjustment of status end of October, this is crazy and I am done with all our action items from our end, it takes a month to prepare the application? I am considering to file myself, any thoughts?

Anyone planning so or should I look for a different attorney.