I485 Information, details and scenario playout

[tomhagen]

My package was received by USCIS on 6th Oct, I received my notices in the mail on 24th Oct.

My case: 2014 Jan, EB3I.

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

[Moveon]

Hi ,
Those of you who had filed for AOS earlier (~2012) and got your GCs recently, did you have to do your medicals again ?. I did my medicals in September 2018 when most folks in Nebraska SC got the RFE for S-J and Meds . My PD is Dec 2009 , so wondering if I will get an RFE soon as the meds are just over 2 years now.

Also for those who got the RFE , did you respond via the Lawyers or were you able to respond directly ?

[Umesh1209]

Hi ,
Those of you who had filed for AOS earlier (~2012) and got your GCs recently, did you have to do your medicals again ?. I did my medicals in September 2018 when most folks in Nebraska SC got the RFE for S-J and Meds . My PD is Dec 2009 , so wondering if I will get an RFE soon as the meds are just over 2 years now.

Also for those who got the RFE , did you respond via the Lawyers or were you able to respond directly ?

I am Dec EB2I. I got my RFE earlier this year and responded. Due to my employer policies, I have to go through their attorney. I also submitted my 485J

[montyp80]

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

Hang in there, I'm sure all centers are flooded with tons of applications so they're slow.

[rabp77]

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

the receipt notice is normally a formality as longs a basic info/forms and fees has been sent correctly. So i dont think you need to worry about that, as lawyers will not not normally make such basic mistakes that the full package is returned.

[Positive]

Hello!!

Question for all who have filed this month, have you gotten the receipt yet?

Nope. Mailed Oct. 9. EB3 downgrade via new I-140 filing. I think besides the deluge of applications, the USCIS is confused whether they want to reject all downgrades to EB3 that were not filed as I-140 EB2 amendments, which would be a departure from their previous practice. I am thinking we will not get receipts this month. It is tricky in that if they do return these EB3 downgrades that are not amendments to the previously approved EB2 I-140s, and USCIS does not accept filing dates next month, those applicants will probably not get a chance to file AOS (and get EAD/AP) for a long time. At the same time, I think it is risky amending the approved EB2 I-140 and letting USCIS another express opportunity to mess with it,

[Zenzone]

Yes. For now, $1225 fee includes I-485 , I-765 and I-131 filing.

Yes. I also re-confirmed this with my Attorney this afternoon.

[Moveon]

Thanks Umesh, Anyone else in the 2012 filers who have gotten an RFE for the GC recently . Was it just medicals and did the medicals expire more than 2 years ago ?

[kumareb2]

Thanks Umesh, Anyone else in the 2012 filers who have gotten an RFE for the GC recently . Was it just medicals and did the medicals expire more than 2 years ago ?

I am also in the same boat. Got the RFE in July 2018 for medicals and responded back in August'18. Wondering about the RFE again as medicals are expired technically.

[ak7419]

Hello folks - I am in a strange situation and do not know how things will transpire. I am current in Nov bulletin with EB2I PD Sep 2009. My EAD/AP is going to expire on Dec 12, 2020. Will they be issuing me a new EAP/AP combo card? My DL is going to expire on the same day Dec 12, 2020 and I am not sure how I should proceed. I
am worried that I will have to be off payroll if EAD is not issued on time. Any suggestions?

[goracer]

Hello folks - I am in a strange situation and do not know how things will transpire. I am current in Nov bulletin with EB2I PD Sep 2009. My EAD/AP is going to expire on Dec 12, 2020. Will they be issuing me a new EAP/AP combo card? My DL is going to expire on the same day Dec 12, 2020 and I am not sure how I should proceed. I
am worried that I will have to be off payroll if EAD is not issued on time. Any suggestions?

EAD is renewed automatically for 6 months from the date of receipt. Check your old receipts it should also have the same information. DL will not be renewed using the receipt though.

[Moveon]

EAD is renewed automatically for 6 months from the date of receipt. Check your old receipts it should also have the same information. DL will not be renewed using the receipt though.

Hi, the EAD is extended for 180 days after the expiration date and not receipt .
Link : https://www.uscis.gov/i-9-central/fo...-circumstances

"The extension begins on the date the EAD expires and continues for up to 180 days, unless USCIS denies the renewal application."

[rabp77]

Hello gurus,

I have been a lurker on this forum since 2012 when my PD became current for the 1st time. PD is 12/10/2009. Great information here and always love to read the analysis. I was hoping the dates would move closer to my PD in Nov bulletin but unfortunately that has not happened. Still hoping to be current in couple of months. I have a question regarding 485 J. I have not received any RFE since I applied for 485 in feb 2012. I have changed jobs in the last 8 years, applied AC21, etc. Recently I was promoted and the immigration lawyer said that new position is not more than 20% change in duties, so he doesn’t see an issue.

In the past when I have asked the lawyers to apply for 485J, they have asked me to wait for RFE. Given that I am so close to being current and if 485J takes a couple of months to approve, do you all suggest that I insist that the lawyers apply for 485J?

Supplement J can be submitted without Rfe. If it's needed USCIS will normally issue a rfe. I faced a similar situation with promotion, and the lawyer advice was exactly same as yours. So I believe it's up to you, but if USCIS issues a rfe for this once they review your file after it's current, it will likely delay the adjudication by a few weeks. However in your case if they raise an rfe for expired medicals also, then the impact on adjudication time may not be much.

[Moveon]

Supplement J can be submitted without Rfe. If it's needed USCIS will normally issue a rfe. I faced a similar situation with promotion, and the lawyer advice was exactly same as yours. So I believe it's up to you, but if USCIS issues a rfe for this once they review your file after it's current, it will likely delay the adjudication by a few weeks. However in your case if they raise an rfe for expired medicals also, then the impact on adjudication time may not be much.

My take would be to not send the Supplement-J as they are already overloaded. Supplement-J is not mandatory to issue the GC, so if your Meds have not expired they might issue the GC w/o any RFE. If Meds have expired they will issue it together or just the Meds.

[greenjpr]

We filled 485 by oct 1st. Today only my wife’s check was cashed by USCIS. Still waiting for receipt number.

[eb2jun2010]

I got to know on Friday that my company will be acquired in 2 weeks by another company. My pd is June, 2010 eb2 and we sent the 485 package on Oct 20th. I am still waiting for the receipts and hope to get them before the acquisition. Is my 485 in pending status even though I did not receive the receipts?

If the job responsibilities and location remains the same, do we need to amend 140?
What if the company name changes?
What if the company name does not change and becomes a subsidiary of the acquiring company?

I will be reaching out to our existing company attorney to understand my next steps.

Thanks in Advance!

[tomhagen]

We filled 485 by oct 1st. Today only my wife’s check was cashed by USCIS. Still waiting for receipt number.

Filed on Oct 6th, Received by USCIS on Oct 7th, USCIS encashed checked on Oct 27th. Seeing the Receipts (485, 765, 131) for both me and my wife in USPS delivery list for today.

[tomhagen]

Question for experienced folks on this forum. Once AOS is filed, for EAD and AP biomatrics needs to be completed or it is not required ? I see mixed cases in Trackitt hence would like to know

[idliman]

Question for experienced folks on this forum. Once AOS is filed, for EAD and AP biomatrics needs to be completed or it is not required ? I see mixed cases in Trackitt hence would like to know

In the beginning of 2020 (Jan/Feb 2020), USCIS came up with an update to biometric collection guidance. Since then they have waived biometrics for EAD/AP and EAD/AP renewals have old biometrics reused for printing the cards. I think the waiver is based on the discretion of the adjudicator, however many more applicants have been waived biometrics. There should be some internal memoon this topic, but I have not seen it published anywhere. USCIS already has biometrics for all of us who did the ten-printing while obtaining the visa's or while entering the country.

As it stands, US immigrants need to make an official appointment to have their biometric information gathered at an Applicant Support Center (ASC). However, the agency will make exceptions for those with a disability or another medical issue, and offer mobile services to those who are physically unable to make it to an ASC.

So there is a chance that you will get EAD/AP before even appearing for biometrics at ASC. Your Mileage May Vary (YMMV).

[tomhagen]

In the beginning of 2020 (Jan/Feb 2020), USCIS came up with an update to biometric collection guidance. Since then they have waived biometrics for EAD/AP and EAD/AP renewals have old biometrics reused for printing the cards. I think the waiver is based on the discretion of the adjudicator, however many more applicants have been waived biometrics. There should be some internal memoon this topic, but I have not seen it published anywhere. USCIS already has biometrics for all of us who did the ten-printing while obtaining the visa's or while entering the country.



So there is a chance that you will get EAD/AP before even appearing for biometrics at ASC. Your Mileage May Vary (YMMV).

Thank you very much Idliman. So first time filers might get a breathing space (EAD/AP) quickly then

[qesehmk]

I am one of those but still processing is needed to issue RFEs, isn't it? Almost all of them have expired medicals and we also need to submit 485J. Staff needs to open all of these cases, identify the ones that need RFEs, issue them, wait for their response, re-process the case and then issue GC. Perhaps that is what CO is referring to?

All of that is bureaucratic nightmare - perhaps not CO's fault - rather USCIS' fault because USCIS prepares the case and asks for a visa. CO simply controls availability. So my original comment should be read relative to USCIS rather than CO/ state dept.

[longwaitgigu]

This might be dumb question and must have been answered before
1. My lawyer just filed I 485 ( fragomen took forever to file eb3 without downgrade) and they said no for medicals at time of filing.
Do we have to wait for guidance from lawyer for our medicals or we can go ahead and finished them?. So whenever uscis sends RFE is speed up process.
2. With biden elected and Pfizer claiming success of covaid vaccine. It also means CP starts in feb and AOS lags behind. Is it predictable for eb3 to reach nov 1 2010 by July?
I do understand ROW usage ( specifically Philippines and south Korea)
Do we have any estimate based on past CP of these countries, how much horizontal spillover will india get?
Please gurus guide us.
Thankyou

[idliman]

This might be dumb question and must have been answered before
1. My lawyer just filed I 485 ( fragomen took forever to file eb3 without downgrade) and they said no for medicals at time of filing.
Do we have to wait for guidance from lawyer for our medicals or we can go ahead and finished them?. So whenever uscis sends RFE is speed up process.
2. With biden elected and Pfizer claiming success of covaid vaccine. It also means CP starts in feb and AOS lags behind. Is it predictable for eb3 to reach nov 1 2010 by July?
I do understand ROW usage ( specifically Philippines and south Korea)
Do we have any estimate based on past CP of these countries, how much horizontal spillover will india get?
Please gurus guide us.
Thankyou

1. You can submit I-693 only during initial filing OR while appearing for interview OR when you respond to an RFE. There is no defined mechanism to send I-693 or I-944 without a request from USCIS. With JB win, I would think that they will keep the medicals valid for more than 2 years. It might take a while for them to reach that point. So no harm in sending the I-693 now even if your PD is far off.
2. CP usage? You have enough GCs to move far into your PDs. Even if CP opens, it is going to be gradual. So no need to worry about that. Also it is beyond our control. If you need to view more accurate numbers, I suggest you subscribe to whereismygc.com;

While Biden has not yet been designated as president-elect by the General Services Administration, the agency that under law facilitates the handoff of one administration to the next, the Trump administration has already authorized the GSA to give guidance to each agency about how to interact with the incoming Biden team, according to a source familiar with the planning.

The DOS career officials are crafty. I would think that they would revolt against any interference from S.Miller from now onwards. That is an easy way to get into the good books of JB admin. I am expecting good positive VB movement this bulletin.

[longwaitgigu]

1. You can submit I-693 only during initial filing OR while appearing for interview OR when you respond to an RFE. There is no defined mechanism to send I-693 or I-944 without a request from USCIS. With JB win, I would think that they will keep the medicals valid for more than 2 years. It might take a while for them to reach that point. So no harm in sending the I-693 now even if your PD is far off.
2. CP usage? You have enough GCs to move far into your PDs. Even if CP opens, it is going to be gradual. So no need to worry about that. Also it is beyond our control. If you need to view more accurate numbers, I suggest you subscribe to whereismygc.com;



The DOS career officials are crafty. I would think that they would revolt against any interference from S.Miller from now onwards. That is an easy way to get into the good books of JB admin. I am expecting good positive VB movement this bulletin.

Thankyou idliman for ur inputs
So even without RFE, can we send medicals ( i693 form), and am I understanding right I do not need lawyer guidance for this, I can finish my medicals on my own?
My PD is oct 2010-eb3

[idliman]

Thankyou idliman for ur inputs
So even without RFE, can we send medicals ( i693 form), and am I understanding right I do not need lawyer guidance for this, I can finish my medicals on my own?
My PD is oct 2010-eb3

Sorry if I was not clear. You can submit medical report only under the above 3 situations. If you send it on your own, then there is no defined process. It may get lost or it may delay your application.

Your PD should easily clear with year 2020 quota in EB3. We just want faster movements so that it gives more time for USCIS to adjudicate. With JB very careful about COVID situation, my expectation is that they will eventually cancel all EB interviews. So I am advising all to include I-693 in the initial application. As you have already submitted your I-485 package, you have to wait for a RFE or interview notice to respond. Hope this Helps.