EB2-3 Predictions (Rather Calculations)

[qesehmk]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

Technically any president can rescind previous EOs. At the same time, EOs can be challenged in the courts and are not above the law. Courts will follow the law in keeping some EOs while nullifying others. Obama's DACA was ok but repealing it hasn't been. I am not a legal expert on DACA or any other matter though. Just my 2 quick cents!

[Turbulent_Dragonfly]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

[Turbulent_Dragonfly]

Hi everyone, I am a new joiner here. Hoping someone here can share some insights. My PD is Sep-2012 in EB-2I and my employer declined to downgrade to EB-3 in October and I did not push for it at the time. Am regretting that now but do I have any options now? If EB-3 FAD moves beyond Sep-2012 this year, can I file a new I-140 and I-485 concurrently? (assuming I can persuade my employer)

Yeah that’s correct. I don’t have much hope that it will move all the way to 2012 though there could be positive forward movement once the new admin comes to power. But if it does, you can file for it concurrently.


http://blog.cyrusmehta.com/2020/10/f...-bulletin.html

[Palver]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

[Turbulent_Dragonfly]

Thank you. I don't have much hope for the dates to move to 2012 either. But this makes me think that EB-2 and Eb-3 dates can't be too far apart even if EB-3 stays ahead of EB-2 as some are predicting

EB3 should technically be way ahead of EB2 based on previous demand. But in the past few months, there have been thousands of downgrades to EB3. If the new admin is more transparent, they could resume publishing the pending I-485 inventory so that we can start making some actual predictions which was the original intent of this thread!

[Turbulent_Dragonfly]

The procedure to roll back rules follow the same concept. They have to be published, allow for comments and then finalized. So it can take a few months to roll back existing rules.

https://www.federalregister.gov/uplo...ng_process.pdf

[Zenzone]

USCIS case status does not change when biometrics receipt is sent. I received my biometrics notice earlier this week and my status on USCIS still says Fingerprint fee was received.

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

[AceMan]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

[2011Feb]

If you can add the biometric information in your signature, it can help me and others who filed in October 2020, about the progress.

Aceman,

Mine and your dates are close.

PD : EB3 Feb 2011
I-485 applied : 01 Oct 2020
Biometric Notice received Date: 31 Dec 2020
Biometric Appointment date : 27 Jan 2021 (NC)

[Zenzone]

Yes. My case hasn't changed either although I have received the biometrics appt. notice.

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

[rainmaker12]

EB2- I (Jan-2011)
Biometrics date - 1/8/21
Biometrics notice received - Mid-December

PD : Jul 2010 (EB2-I)
485 Filing date: Oct 21 2020
485, 765 131 Receipt notice date: Nov 18 2020
Biometric notice date: 12/22/2020
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/21/2021 (Seattle ASC)

[Mgajsk]

@Zenzone @ rainmaker12

PD : Mar 2011 (EB2-I)
485 Filing date : Oct 19 2020
485 Receipt notice date: Nov 11 2020
765,131 Filing Date: Dec 07 2020 ( No receipts yet)
Biometric notice received date: 01/02/2021
Biometric appointment date: 01/12/2021 (Grand Rapids Mi ASC)

[Mgajsk]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

[Cjxjos]

Any guesstimate for dec 2009 eb2?

[Positive]

I had a question. Executive orders are easy to roll back by subsequent presidents. What about rules? As rules are not that easy to roll back, is the public charge rule for gc likely to stay. What is the likely impact of this of future movement?

I don't think public charge rule will survive. I would not worry about it.

[Positive]

I am hearing few received EAD cards before fingerprints or AOS is processed. Any truth to that?

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

[Noesis]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

[Zenzone]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Interesting! I haven't heard/seen first hand evidence of this in my circle of friends. Your case is positive

[kash80]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

[Positive]

@Positive - that's good to know. Was your EB3 i140 filed in premium.?

NO, regular. Why waste money when priority date is Sept 2013.

[GCMirage]

My EB3 downgrade was also filed on 10/23/20, receipts generated on 12/21/20 out of Nebraska center and received by mail the following week. No word yet on finger printing, my wife was fingerprinted couple months ago for a different reason so it will be interesting to see if her i485 EAD will be issued directly or she will be asked to give another set of prints.

[Positive]

Congrats on getting the EAD. Did you travel in the past 3 years and were finger printed either on re-entry or visa interview? I have heard of anecdotal stories where this was the case and folks received EAD without finger printing now.

Mine is a downgrade case as well which was delivered on 10/23 and receipts generated as of 12/23. So, will have to wait at least a month to see if I get finger print appointment.

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

[Mgajsk]

I believe they are accepting existing finger prints in the system and not requiring fresh ones. At least that's what happened in my case. EB3 Downgrade sent Oct 8, received Oct. 9, fee for fingerprints accepted Nov. 18, EAD/AP approved Dec. 31, USPS picked up docs from center Jan. 4. filing at TCS but mailing location of EAD/AP is LEES SUMMIT, MO. Pleasantly surprised. They even provided a USPS a tracking number! Apparently, change has come to USCIS in at least some small ways. In the past, they have routinely not mailed docs that they say they have, and one has to go around in circles looking for them and eventually request reissue of the same. It is particularly nerve racking when it is an RFE. I truly believe they used to do it deliberately for cases they were intent on denying. So, any measure of order in the wretched system, even something as small as tracking of possibly only some docs is a welcome change.

wow ! congrats ! I guess I have to change my username to Positive to expect something positive from USCIS.

[aGCHopefull]

Thanks! I travel every year. Had traveled in Jan 2020. I also was fingerprinted back in 2008/2009 when I had filed a concurrent EB1C filing. Not sure which finger prints are operative here. However, considering travel related finger prints should be available for most everyone, I think it's the latter. I could be wrong.

I believe they accept fingerprints if those were taken within last 15 months.

[Turbulent_Dragonfly]

I believe they accept fingerprints if those were taken within last 15 months.

I traveled in Aug 2019 and they requested for fingerprinting in December for an Oct filing, so could be for anything >1 yr.