Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.
Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.
I am 2014 EB3. So it is a straight forward case.Originally Posted by mesan123
Thanks. Still have a long way to go. Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.
I485 Information, details and scenario playout
Dumb question.
Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).
What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.
Last edited by GCkaLADDU; 10-24-2020 at 09:07 AM.
In this case, I would move into AOS pending state, and wait until I become current again.
Yeah unfortunately you can only be approved if the PD is current. I think the super slow movement these past few years have been to mitigate retrogression like that and avoid wild swings.
From what I know, when the USCIS collects your documents, it puts it away in storage until your dates are current. When the final dates becomes current, your “file” and other files that are current are pulled from the storage and evaluated and adjudicated. If the USCIS is not able to adjudicate or the next month, the dates go backwards, the files are wheeled back to the storage Until they are current again. The whole concept of filing date and final action dates were created so the retrogression stuff does not happen. If the USCIS moves the filing date back and forth that’s ok(even that doesn’t happen much I think anymore),they’re pretty careful about the final dates and that does not go back and forth anymore I think like before.
Last edited by android09; 10-24-2020 at 10:30 AM.
The purpose of having 2 dates is to avoid uncertainity or frequent retrogression of FAD.. FD can move back and forth but FAD should have only forward movement except during last month of the FY.
I need suggestion if the employer not mentioned that the consultant the job description does describe duties that are commonly performed onsite, at a client’s worksite in perm also the perm and 140 approved long back is this create problem if filed I 485 based on approved I 140. I am eb2 India august 2010.
Hi Gurus,
Need help regarding my situation. I am consultant. If the perm job description does describe duties that are commonly performed onsite, at a client’s worksite but that is not specifically outlined in the PERM but for consultant-like job duties. The perm and i140 approved and eligible to file I -485 as per oct 2020 visa bulletin. My priority date is EB2-I AUg 2010.
This used to happen a lot more before the two date system was introduced. There were many EB2 late 2009 people who had to wait till 2020 to get green card, but a few got it in 2012. So missing the boat means you need to wait for the next time the FAD is current. Since the two date system (FAD, and filing date) was introduced, the retrogression of the final action date has reduced. The idea is that USCIS has sufficient applications filed at any time to have sufficient inventory to slowly advance the FAD, and know how many visas need to be given out months in advance.
It likely would have worked better if the Filing date movement had been started sometime in the 2020 FY itself (once it became apparent that there is going to be a big spillover). However, for various reasons this was not done. The result is a sudden 5 year moment, which means many of the EB case may not be ready to be adjudicated in case the FAD is moved rapidly. So this could result in the scenario that you mentioned, where a EB3 2014 case gets greened, but a EB3 2012 case took a few month longer to process and missed the boat before a retrogresson. This is why many people in this forum said they a submitting medicals even though its not required while filing. But as Q said, there is a good chance the spillover is large for FY 2022 also, so we can hope such unfairness does not happen much or can be minimized.
Last edited by rabp77; 10-24-2020 at 07:18 PM.
***Posting again as no one provided any response, will appreciate feedback from gurus"
Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140
Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side
Sorry that you have to face this situation at this time. In this situation, it might be best to consult a qualified attorney to get the options you can pursue. In general, based on hearsay, what you heard from other folks seems to be reasonable,
1. The 180 days for I485 pending starts from the receipt date (FedEx delivery date). Even if it takes one extra week, try to send the complete package. I-485, I-765, I-131, I-944, Supplement J and I-693. Don't give a chance for USCIS to send any RFEs within the 6 months of your application.
2. EAD/AP will automatically get approved as long as I485 is pending. You should not have any problems. "AOS Pending" is a legal status and you will not acrue unlawful presence time. However, if you cannot meet the 180 days AC21 criteria, you have to redo PERM & I-140 again. Your PD will be retained. After joining a new job, this might delay I485 by another 12 to 18 months. This is the worst case situation.
3. Revoking I-140, I don't know. However some employers do not revoke I-140. You need to talk to HR / manager. They can delay revoking I-140 or completely miss it. The reason they revoke I-140 is that USCIS sometime back had a policy that the company should have the ability to pay for all pending I-140s. This is a problem mostly for small consulting companies.
Have you thought about taking a leave of absence (without actually losing your job)? Obviously, you should try to stick in the job for 180 days; Somethings that come to my mind are taking a pay cut or a leave of absence without pay.
Stay positive. Most of the times, we are unprepared (afraid) to face difficult situations. But that's what makes us stronger. You have an advantage that you know the best and worst possible outcomes of this situation, legally. I am sure you will come out stronger out of this situation.
LPR Since 07MAY2021
Thanks. I am more inclined on what exact is 180 days requirements for portability if I-485. So I heard that as long as 485 is pending even if you loose job before 180 days, it is still good ?
The INA section 204(j) states the following:
I let you decide on the interpretation. You may get by just based on the words above. However, many attorneys insist on being with the "same employer" who filed for I-140 for 180 days. There should be some memo or guidance on this topic, other than what I could find via search.(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) 4 for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
LPR Since 07MAY2021
There is a memo from 2005. Not sure if this is still relevant.
https://www.uscis.gov/sites/default/...ntrm122705.pdf
"Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment. Adjudicators should not presume absence of such intent and may
take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be appropriate. "
I don't know the answer too. But, I do have a friend who got laid off a month after applying for I-485. His employer did not withdraw I-140. He did not get any RFE for 6 months. He did not have any green card interview. He did get a I-485J RFE when he was working with his new employer who provided it. He got his GC.
Here is the USCIS article that states that i-140 cannot be withdrawn after 180 days if that is the concern .
USCIS - https://www.uscis.gov/forms/petition...er#Withdrawing
Employers very rarely withdraw the i-140 , I have not known anyone over the last 20 years who had their i-140 withdrawn. Its additional expense for the company which no company wants to spend .
Here is an article that states that employers cannot withdraw the I-140 after 180 days unless there was fraud committed . https://www.lexology.com/library/det...0-d96825a7e6c5 .
Last edited by Moveon; 10-26-2020 at 12:47 AM.
Hi everyone,
My EB2 India Priority Date is 08/20/2009 which is current as of the recent visa bulletin but I have not received any communication from USCIS regarding next steps. What should I do?
Little bit more details may help. Was 485 filed back in 2012? and any supplement-J and 693 RFE received in the past? If all have been done already and are valid, it makes sense to raise a SR or talk to congressman.
Thanks for responding. Yes, 485 was filed back in 2012 and since then, a medical RFE and job change AC21 RFE both were submitted. Last time medical RFE was done was more than 2 years ago. Do you still see the need to raise SR or talk to congressman, and what is the process to talk to congressman? Do I need to hire a lawyer?
Did you maintained both EAD and H1B?
No. I am only on EAD and Advance Parole.
Are you with the same firm since 2012. I keep hearing its better to keep both H1B and EAD/AP
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