Also attorney Elissa Taub is reporting she got back an I-485 which was filed without a I-944. So just watch out during the I-485 filings and discuss carefully with your attorneys.
Also attorney Elissa Taub is reporting she got back an I-485 which was filed without a I-944. So just watch out during the I-485 filings and discuss carefully with your attorneys.
I guess Karma is still alive and well...
Hi,
The place of birth listed on my wife's passport differs from the one listed on her birth certificate.
For I-485 purposes, is the birth certificate the more important document? Should we go by the city of birth on her Birth Certificate or on her passport?
Any feedback/info is deeply appreciated!
Thanks!
Yes, every detail in BC is very critical.Originally Posted by iamdeb
so should we go by the city of birth in her Birth Certificate?
How does concurrent processing work?
I will be filling downgrade I140,I485,I132 and I765..
Does 140 and 485 get processed at them same time?
My priority date is may 25 2011... wondering how long i would need to wait to get GC..
Check with your attorney, but I believe it should be the one on your birth certificate. I have had a couple of friends who had Indian passports but were actually born in Iran and Sri Lanka respectively. They were able to use ROW and obviously are already citizens for several years 🙂
http://immigrationgirl.com/can-i-dow...-eb-2-to-eb-3/
I think one important thing to note while downgrading is that you should maintain the underlying nonimmigrant status (H1) because if you start using the EAD from the EB3 downgrade filing, you will go out of status if that gets denied.
My spouse is a derivative applicant. How do we answer the below:
1. Are you the primary caregiver, who is over the age of 18, for a child, or an elderly, ill or disabled individual in your household? She was working till March 2020 before she lost her job due to covid. She is now at home full time till covid persists.
2. Proficiency with english skills: Since she does not have an i140, we need to illustrate her english skills. Her entire education has been in English. however, the forms is asking for specific english certification/courses
Why should this be applicable for downgrade only ? Isn't this true regardless of downgrade/upgrade ? ..What am i missing here ?
Hello Gurus , admins , readers ..
Could we start a new thread for queries on 485 documentation/ GC processes etc?
I can start too, but need to wait till my PD becomes current
This prediction thread is amazing place with lots of analysis (right or wrong), awesome data and words on keeping hopes up. I am hoping we can keep this thread like that.
Is there a way to move post from this thread to another?
Sorry I didn’t mean to indicate this is only for the downgrade. But since so many are downgrading, it would be worthwhile to remember that.
I am NOT endorsing this site but I had looked it up while filling the form.
https://citizenpath.com/faq/primary-caregiver-i-944/
You don’t have to provide English certification unless you already have it due to other reasons.
Best to check with your attorney.
Friends... sorry to post in this Thread. I will request this to be moved.
My PD is EB2 Dec 2010.
My PERM was file by Company X. Company X is a subsidiary of Company A. Company A was acquired by Company B and retained the name 'B' for the entire company. Now Company X is a subsiadiary of Company B.
In other words, my employer is still same except that the Parent company has changed name due to acquisition.
My company's attorney says I need to file Amended I140 along with I1485.
Questions:
1. Do I really need to file Amended I140 to change the parent company.
2. If we need to file I140, is it recommended that we I file in EB3 instead of EB2?
3. My wife's passport has expired and it is in renewal limbo with Passport office in Atlanta initiating police verification in India Police station. Can we apply I485 with expired passport?
Last edited by skpanda; 10-06-2020 at 11:34 PM.
Please Talk to your Lawyer along with the paralegal . There was a thread years ago where a person's DOB mismatched and he had to fix his passport . Maybe there is an easier way out if the city mismatched . City names change too in India , so maybe its not a big deal .
Please update the thread on what your lawyer recommends so that others benefit.
Does anyone know (or have a guess) on what "rapid forward movement" and "steady forward movement" mean in visa bulletin? I am thinking that if they have used such phrases in the past, we can get some sense of what the movement will look like in Nov.
I'd appreciate if someone can add what their lawyers are saying. I'm asking this so that I can decide whether to downgrade from EB2 to EB3. My PD date is Dec 2010. Thanks for any help.
Also, I saw some people on forums claim that in Oct 2020, no spillover was applied. Essentially, FY21 quota was used to advance the dates. Spillover will be applied from Nov 2020. I am not sure how true this is.
Any thoughts?
Last edited by JoinedToAsk; 10-07-2020 at 12:52 AM.
To iamdeb
I had similar issue , my birth certificate has only first name with initials.
Along with it I provided a India notary signed declaration from parents.
I think you can get one similar stating so and so village is in this city and X km from this city
Check with lawyer
I guess if the vicinity or within range cities or villages may be fine with Affidavits. But the Birth Cert is stating one city or town and passport is stating another city or town, you may have to get the Passport corrected. Like Vizag, Vishakapatnam or Waltair (old name) are the same cities and may be affidavits would do same for Chennai or Madras. But the BC is stating as Chennai and Passport as Vizag, I guess that is a complete mismatch and we have to get the Passport corrected.
And not sure if that is a easy process.
Rest where the name mis-matches, full names, short names in BC can be supported by affidavits. Rest an opinion of Lawyer is always the best.
Having said that do we know if for the general new states formation, do we need to submit any affidavits or it is fine that the towns or cities are in the new states now.
Like Dehradun in UP earlier is now in Uttarakhand and Hyderabad in AP earlier is in Telangana now.
Hi
My priority date in Oct, 2009 in EB2. I got EAD in 2012 and have renewed RAD since then. My 485J was approved 2 years back and I haven't changed employer since then. My medicals have expired.
Once I called USCIS and they mentioned that I am pre adjudicated. I have following questions to experts:
1. My medicals have expired. Should I get medicals done in anticipation of my PD to be current or should I wait for medical RFE. Do I need to go to Doctor for medicals with RFE notice.
2. I read about I-944 in the forums. Will it be applicable for me.
1. You are in the similar situation as myself. Your FA PD will become current in November or Dec bulletins. However, as you know medicals have a time clock to it. USCIS should receive it within x days from the signature by the physician. I would not do doctor's signature now. As you had done medicals recently, please collect the supporting material (my doctors office gave me a copy of everything) and call the doctors office to inquire about fees and timeline for doing it again. You will have to do the blood-work and flu vaccines. They should be able to do it fast for you. So no worries. I would go to the same doctor who did it last time, so that it is easier on you.
2. It is applicable only for new I-485. Send only what is asked in RFE nothing more nothing less. Most likely it will only be medicals.
Update: Oct2009 for EB2I / EB3I is current. Wait for 3 weeks and open a SR with USCIS. This will speedup the RFE process. There is no need to rush things. Just make sure that you can submit medicals as soon as you get RFE notice in hand.
Last edited by idliman; 10-07-2020 at 09:37 AM.
Guys, I had a question about the timelines. I see on USCIS website that time to process i140 is 5-7 months and for i485 is 8-23 months for employment based. It leads me to wonder that for EB3 specifically, most of the numbers could end up wasted by end of the year. Even if the admin wanted to use all the available numbers, I don't get it how the wastage could be avoided based on the processing times. Am I missing something here? Any experts can explain this?
Last edited by vsivarama; 10-07-2020 at 10:59 AM.
Unfortunately we can't control how fast the USCIS will process our applications. Only thing we can do is to make sure that there are no delays on our side in submitting the application and responding to RFE. In an Utopian world, everybody should submit their applications on the first day they are eligible, and respond to RFE immediately the next day after they receive it. But in real world, think of how much time is going to be wasted by people, their lawyers, etc. in submitting their applications. That wasting of time is on us.
10 years ago, if I would have pushed my employer to start my GC processing a little earlier, I wouldn't have been waiting here for 10 years. Same punishment will be given to other people who will sit on their ass, can't convince their employers/lawyers, and miss this golden opportunity. The countdown has already started, and come September 30th, 2021, all visas will be gone.
Last edited by vedu; 10-07-2020 at 11:59 AM.
I get that, and I have made the similar mistake of not taking GC processing that seriously in 2009. But even if you consider the utopian case, I do not see how USCIS can use up all the numbers based on the processing times. I guess my thought process is that shouldn't USCIS be accepting applications on filing dates for two years from now to build inventory rather than the immediate fiscal year. Shouldn't they have started accepting for FY 2021 the start of FY 2020?
In Sep-2019 there was no cases of covid, Economy was booming, Prez Trump was still to be impeached, Consulate was issuing FB GC day in day out. So no, there was no data model for USCIS which would have indicated 120k spillover.
With that said, I cross my fingers that on avg I-485 processing times is closer to 8-10 months and only for few countries (Iran, Syria, N. Korea comes to mind) has processing times of 20+ months for obvious reasons.
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