EB2-3 Predictions (Rather Calculations)

[mitul75]

Question to the Gurus in the group.

1. Once I have an I-485 EAD , when I apply for jobs what should I answer for the question " will you require sponsorship now or in the future ?"

2. If I accept a full time employment with a new employer after I get my EAD , what pitfalls do I look out for ?

3. Am I correct in understanding that the mandatory 6 month tenure with the employer who filed your GC starts as soon as the AOS (I-485 ) is filed?

4. Any tips on what all documents I should have before from the current employer before accepting a job with a new employer after I get an EAD ?


Thanks a ton for your knowledge !! apologies if these questions have been answered already .. I did search for them .

Here's what I think:

#1 It depends on whether you wish to use your H1B visa or not, since if you want to do a visa transfer then your future employer needs to sponsor it. On the other hand, if you want to switch to EAD for your future employment then you won't need sponsorship any longer.

#2 You need to ensure that you are not deviating too much from your original job category, since as per the AC21 portability rule you'll need to prove that your new job is in the "same or similar occupational classification" as the job described in the immigrant petition filed by the prior employer. I'd suggest that you talk to your new hiring manager and discuss this beforehand, and continue to keep this in mind even as you progress in your career.

#3 The 6-month period is counted from your I-485 receipt notice date

#4 If you don't have it already, get a copy of your PERM labor certification and I-140 approval notice

[mitul75]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

To answer the second part of your question, as long as you can find a future job offer in the "same or similar occupational classification" as the job described in the immigrant petition filed by the original employer prior to an audit by USCIS, you should be good. It doesn't matter if you take a break in between jobs while you are in AOS. Using EAD gives you a lot more freedom in choosing your employer since they don't need to sponsor your visa which can be a deal breaker for a lot of hiring companies.

[Palver]

I am little confused on q3. Are you guys saying that 180 days rule gets enabled as soon as I485 application is received by USCIS? Or something else?

Also, let’s say if I exercise my EAD for a new job where employer doesn’t support H1 and then down the line if my job gets eliminated before I get green card. In this situation, what are the consequences?

I believe the second part of your question is unanswered so am going to try. I'll let other people correct me if I've mis-stated something. Under AC21, if your I-485 is pending for 180+ days, you can 'port' your employment to a different employer by filing I-485 supplement J and do not have to go through Perm/I-140 to restart your green card process. If you lose your job, you will have to find a new job and be ready to file form I-485 supplement J with the new job offer. The conditions for porting still apply (https://www.uscis.gov/working-in-the...ity-under-ac21)

[idliman]

On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases – at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.

This is good news for all especially the ones who recently filed for I485. You don't need to pay for EAD/AP renewal.

[moonlight]

On line of similar discussion of job change during pending I-485...
My Company A has filed I-485 on 10/08/2020. I am with them for 10 years. The client "company B" was about to file H1B transfer before my filing date became current. So I slowed down the transfer process. Now most likely I will loose the opportunity if I don't join them soon.

1. Can I initiate H1B transfer petition with Company B at this moment and join them with H1B approval before 180 days? I can do I-485J supplement and AC21 after reaching 180 days.
2. Can I initiate H1B transfer to secure the position and join Company B after 180 days on H1B or with AC21? Any risk of meddling of pending I-485 by new H1B transfer petition?
3. I asked the attorney of "Company A" who filed I-485. The answer was political in nature. The response was .... "Out of abundance of precaution, it is advisable to join after 180 days. By the time you would also get EAD." Since the attorney copied staffs of my current employer in reply, I guess he is showing loyalty for continuance of business. Based on this I halted H1B transfer petition. Not sure what is the right thing to do here. I am counting each day.

Gurus, please help with your knowledge and guidance. Sometimes attorney's suggestion becomes more confusing.

[mesan123]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

[aGCHopefull]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Congrats! Can you please confirm if yours was EB2 / EB3? ,RD? and when was your bio done?

[Zenzone]

I see my case status for 765 & 131 changed to approved.. Finally getting EAD after 16 years..��

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

[Turbulent_Dragonfly]

I still see many people confusing NOTICE DATE with RECEIVED DATE. The Notice Date is just the date the receipt notice was printed to be mailed to you. For the purposes of the 180 day clock, the RECEIVED DATE is when it's counted from. If it takes 2-3 months from the time USCIS received the application to generating the receipt because of overload like what's happening now, it's not the applicant's fault. By law, it's 180 days from the day the package was received by USCIS.

[superuser]

No. However talk to the employer and make sure that they will support you in I-485 Supp. J process after AC21.


You can work anywhere (extreme examples are Pizza boy, Cook/Roti maker, etc.,) and you can work any number of jobs with EAD. However, when USCIS sends you a RFE for I-485, you need to have a future job in same or similar category as original PERM/I-140. So you can do anything or not work at all till the I-485 RFE shows up.


That is not what you say. Once you file a I-485 and stay with the same employer for 180 days then you are eligible for AC21 protections. Even if the employer revokes I-140, it will not affect you. The AC21 law provides additional protection. For this reason, it is advisable that you stay with the same employer for 180 days after filing I-485. If you leave your employer before 180 days, I believe you need to do a new PERM/I-140 with the new employer.


Wait 180 days. Then have a copy of original PERM (with job description and SOC code) and copies of I-140 and I-485 (receipt notice). I-485 receipt notice (along with mailer bar code) is very important in grand scheme of things. It is required for renewing your EAD/AP in the future. Also it would be very helpful for your attorneys to justify your job in same or similar category when the I-485 RFE shows up.

Bottom line with I-485 EAD/AP you will be in Trishanku Status. You are in-between H1B and GC.

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

[inspired_p]

On your answer for Q2, can we really do any jobs on EAD after 180 days? don't we need to file I-485 supplement form as mentioned by others? Just curious to understand as the process it self is super confusing and very unclear from the authority.

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

[Moveon]

At least 1 job should be in similar to the job for which AOS is filed for. And at time of RFE the new employer needs to file I-485J to show that. But you can do multiple jobs not really requiring them to be in the same job classification( I actually think employer -employee contracts actually make it mandatory in most cases that second or third source of income is not in the same field)

EDIT :I understand you question better now. Legally one has to have a job in similar classification at the time of adjudication so technically the job which is similar can be accepted at the time of RFE as well, as @idliman explained.

The USCIS is considerate about the "similar" clause . Most Indians wait for over a decade and they don't expect you to have the exact classification as your perm . Most have moved to managerial positions and I have not seen anyone have issues with it . in my previous work place the Technical Program Manager got is GC late 2019 while his perm was for a software engineer back in 2008. The Lawyers too seem to be fine as long as it is in the technical/Engg field if the perm was for a developer's position .

[aGCHopefull]

Nice and Congrats! Please share your date of filing and biometrics date. We just completed our biometrics this afternoon. Did the status online after the biometrics was done, if yes, how long after completing your biometrics appointment?

Hi Zenzone, could you please also share your RD and whether EB2/EB3?

[rabp77]

The receipts I got did have received date printed on it; it has two dates, i.e. received date & notice date. I understand that it is safe to assume to 180 day clock starts as of the notice date.

thats certainly good to know. I had done my about 2+ years ago, when it just had a notice date, and no received date. Good to know they have the received date printed on it now. Yes, as per the law your 180 day counter started on the date it was filed.

Good luck.

[rabp77]

On December 28, 2020, the day the government was to file its opening brief in the federal appellate court, the Department of Justice (DOJ) voluntarily moved to dismiss the appeal the Administration previously decided to pursue.

This signals the end of those fee increases ? at least for now. In addition, the form and policy changes that were included in that fee-increase rule will not be implemented. This includes a proposed change in the premium processing timeline from 15 calendar days to 15 business days, up from two weeks to three weeks.

Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

[rabp77]

Thank you idliman, Does this mean the public charge related paperwork ( Form I-864) is also not required any more ? I belive public charge related paperwork is still required, but not sure.

as i recollect, the public charge rule was a different one. So that one should still stand , right?

[mesan123]

Hi Zenzone, could you please also share your RD and whether EB2/EB3?

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

[Chilli19]

Mai know the service center and the applied date of your 485, 131& 765?

[kuku82]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

That's super quick. I was under the impression background checks happen post-biometrics, but looks like that's relevant only for 485 (and not 765).

[admin]

Folks - apologies for the downtime today.

The hosting provider messed up our configuration and have been trying to solve this. Still not fully solved. But the site is somewhat functional now.

[aGCHopefull]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Thanks for sharing. Congratulations for EAD and AP. Good to see they are scheduling bio for EB2 candidates too. So far I had seen only EB3 people getting EAD approved.

[inspired_p]

Thank you both. My priority date is in my profile. Straight Eb2, Feb 2011. Biometrics completed on Jan 6th. Status online changed same day evening. Today 131 & 795 approved.

So i am guessing people should get EAD?s soon after Biometrics... but it is just a guess.

Wow ! Thats really quick approval of EAD / AP . Congrats !

[19YRSNOGC]

Wow ! Thats really quick approval of EAD / AP . Congrats !

Biometric date 1/6
765/131 Approved date 1/7&1/8

[Positive]

Fascism knocking on US capitol's doors. It's been more than 20 years in US but never seen such anarchy.

14.5 yrs. it is distressing to see how the leader of the nation has brought to fore the worst instincts among such a large number of people. Also, how quickly the institutions can be overrun. The police has always had covert elements of the extremist right amongst them, not just sympathizers but also participants but now they can act overtly. Open welcoming of rioters at the capitol by so many among the capitol police was a testament to the rot in the so called "law enforcement" community. The denial/holding back of national guard and other security back up for hours while the attack was ongoing reflects upon the failure of the pentagon and the executive branch to even physically protect one branch of the government from an assault supported by the president. Continued support of completely baseless lies about the election by so many legislators in the house and some in the senate even after the mob attack on the legislative branch and the vise president reflects on the vast erosion in democratic ethos among both the leaders and the people. The corruption in the government at large that makes transparent adherence to pursuit of power and money at the expense of any and all professed principles is deeply depressing. Orwellian and dystopian are the words that seem to best describe what I see.

[Positive]

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.

Received the combo card valid for only an year (EB3 downgrade, priority Sept 2013) effective start Dec. 29 (earlier than the approval date). The USCIS just can't help but live u pto its reputation as among the very worst administrative agencies.