EB2-3 Predictions (Rather Calculations)

[AceMan]

AceMan,

Yes, I read that post and it does make sense to me. And I wasn't picking on you. I just used your post to express my feelings.

In this D's vs R's battle and the resultant status quo, any bad news is actually good news and any good news is actually bad. I said this before also. One doesn't have to be genius to figure that out. Zenzone got his chance at EAD, because the bad news of family visa ban due to COVID was actually a good news for him. And I am not even being insensitive about it. I personally lost my dear ones in this pandemic. But this is the TRUTH!

It is painful to lose a family member due to Covid. My condolences.

[EB22010Dec]

vb - https://travel.state.gov/content/tra...uary-2021.html

[Turbulent_Dragonfly]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

[Moveon]

Just seeing the VB, and it is such a dampener heading into the weekend! Just amazing that they just keep moving EB1 by huge chunks and let EB2 languish like this for a decade. Saving grace is that ROW is current. With EB1 India likely current (DF is still being honored until Nov 2020), EB2 should get massive spillovers vertically and horizontally and EB3 will at least get horizontal spillover. Hang in there everyone, this is not going to be overnight. It will probably be July or something until we start seeing the full effects.

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

[Turbulent_Dragonfly]

Yes , the current VB is so unfair. They now have just 7 months (hoping that the March VB will move dates) to utilize the spillover and there is a good chance that the GCs will go waste unless they are preparing the machinery to print 10000's of extra GCs in the coming months. There is no one really to champion the cause of legal immigration .
I am still optimistic that the Biden administration will fund the USCIS to prevent the wastage of GCs . Anyone in the Oakland area has contacts with Vice President Kamala Harris ? It might help putting in a word to help move the files and prevent wastage of GCs . She is from the Bay area and will be more sympathetic to the legal immigrants as she is associated with the tech industry .

All those in the Big Tech companies of the bay area , Please try to contact your HR, C-level execs and request them to call the offices of Pelosi and Harris asking them to not wastes GCs. We are not asking for any extra GCs or favors , just requesting the USCIS/DOS to do their basic job. Most Tech companies are associated with Pelosi/Harris , so a call will help.

If someone can help craft a professional letter explaining the situation, we can use that to reach out to our execs. They calling the office will have a 1000x more impact than us calling in

I don't post or watch trackitt that much but are any EB1s getting GCs issued? I would understand (against the protests of the EB1C haters) if they are giving priority to first wipe out the EB1 backlog, then EB2 and EB3. But hopefully they are actually consuming and issuing the GCs to those who are current in a reasonable timeline.

[Moveon]

Guys , lets take politics on a different thread please . Lets focus our energies on what can be done with what we have to move the dates and trash the politicians on a diff thread. Honestly we are wasting our time as they are so thick skinned that they don't care for anything except getting reelected .
My request will be for us to reach out to our C-level execs to use their contacts with Pelosi/Harris as they will always pick a call from the big guys. We are not asking for any favors, just requesting that the USCIS does its basic job. Imagine what a call from Sundar Pichai or Satya Nadela or Shantanu Narayen or Mark Z to them do . Sundar/Satya/Shantanu are immigrants who have been through this and can help .

[Turbulent_Dragonfly]

So filing dates are continuing to not being accepted for Feb bulletin so confirms that they have enough backlog to work with.

There is already gridlock between Schumer and McConnell in the Senate which was predictable with such a narrow majority. Democrats leading with a massive comprehensive bill is not going to go anywhere. I don't know how many times they will try the same thing over and over again. Democrats will hold legal immigration hostage for DACA and Asylees. Republicans will hold DACA and Asylees for legal immigration.

My short term view is that it's not going to get done looking at previous attempts to pass comprehensive immigration reform. There is no way 17 Republican Senators are going to sign up for a Comprehensive IR bill. And Democrats are not going to budge on piecemeal immigration reform since they know DACA will never become law that way. Let's watch what transpires in the next few months.

[newyorker123]

Given the Senate stalemate, what can potentially be done via executive order ?

[Turbulent_Dragonfly]

Given the Senate stalemate, what can potentially be done via executive order ?

In my opinion only, anything that they do to reduce EB backlogs by Executive Action will likely be struck down in the courts no matter what Siskind or Cyrus M keep harping about. All their creative accounting of not counting dependents, recapturing old visas etc. are all wishful thinking. And above everything else, the only Executive Action as regards to immigration which is well known and has survived is DACA. I don't think the Admin is going to take any Executive Action to reduce backlogs. The DACA population may only be around 800k, but they have a foothold and a voice in the mainstream discussion and massive clout among all advocates in the public and in Congress. For EB, we have IV who make websites to call sitting Senators racist that is still up. Good luck finding some empathy.

[vedu]

Given the Senate stalemate, what can potentially be done via executive order ?

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

[Turbulent_Dragonfly]

I hope the USCIS officials in the new Admin sack up and release an updating pending I-485 inventory. At least that will set the stage to argue the level of processing backlogs that have strangled the system and prompt further action to fully utilize every visa for FY2021.

[Moveon]

We don't need any new executive orders, bills, etc. All we need is new admin's SINCERE WILL to use 100% of the visas available for this year and next year. Much of the backlog can be cleared if this one thing is done properly. And there are no R's or D's stopping that. We need to give new admin time to prove their credibility in this regard. If it doesn't happen, then sooner or later people will start doubting the new admin's intent on this very forum...you will see!

I like what Moveon is suggesting we should focus on to make this happen.

Thanks Vedu. Executive Action , Passing of bills etc are not going to happen for legal immigration, we have seen this for the last 15 years . If some of you are working in Google, MSFT, Adobe , Facebook, Amazon etc then you can request your HR to escalate upto the CEOs . These companies are sympathetic to such causes and can help pressurize the admin to get the ball rolling . Again , we are only requesting the USCIS to do its job of issuing GCs which they are duty bound to and nothing extra .
These CEO's (or CEOs of any big company in any country ) wield immense power in the corridors of power and this will be the simplest of favors for them to request .

Also adding insult to injury , EB-2I actually has move by only 2 days and not 4 as 10 and 11th are Saturday and Sunday . Must be some dedicated sadists in the USCIS.

[texas_]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

[Moveon]

Dear all,

After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

Yes Date of filing/ Date they receive
Plz ,use the company lawyer to use the right codes and job description to avoid rejection

[texas_]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

[bookworm]

Thanks Moveon.
is it ok to get the Suppliment J from the new employer and file it with my attorney who initially filed my GC ?

Or Suppliment J form needed to sent by new employer only ??

Please guide

485J is supposed to be filed by applicant. You or your lawyer can file it. Review of the same by your company lawyer depends on your HR policies.

Having said that there are 2 schools of thoughts;

1. Provide USCIS what they ask for. i.e. file 485J if you get a RFE.
2. Proactively provide 485J in the hopes that it speeds up things.

Both have its merits.

[cool_dude]

People were expecting relief on the way, but are now completely shocked. The sick joke is previous admin used to give us this kind of movement last year even without this massive spillover, and people used to accuse them of wasting 25,000/30,000 visas. The real insult will be in the next visa bulletin when there will be "up to two weeks of movement" out of which there will be two Saturdays and two Sundays. That time no matter how twisted logic you use, you won't be able to blame it on previous admin.

If you think for a minute...you will realize that the previous admin has actually delivered the goods despite their so called "nasty" intent towards immigrants by providing massive spillover and EADs to thousands of backlogged people. They also ensured massive spillover for the next year. Now, the ball is in the new admin's court. They need to deliver the goods with their "good" intent towards immigrants by using 100% of these visas that are made available to them to distribute.

Last admin did not really deliver spillover...it was just side effect of covid restrictions.They actually made everything harder including mandatory interviews.They did not really fix immigration issues.

[texas_]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

[idliman]

Dear all,

1. After filing 485, when am I able to switch employer ? I know it's 180 days but is 180 days starts from the date USCIS received my I-485 form?

2. Also, Do I need to get Suppliment J form from my employer and file myself or my employer directly file Suppliment- J form directly with USCIS ?

Please guide gurus;

To avail AC21 protections, your I-485 needs to be pending for 180 days and should meet all conditions for approval / pre-adjudication (Valid PERM, approved I-140, No fraud, etc.,)

1. The 180 days is based on calendar days (not business days). The clock starts with the ?Received Date? of your I-485 application, as indicated in your I-797 receipt notice.
2. After 180 days you need to get the I-485J form from the new employer. There is also a section to justify why the new job is in the "same or similar" category. OR attorneys will prepare a separate sheet with detailed job description and title of the new position. You can file it yourself or ask the attorney from the new job. I485J requires a signature from the HR / Manger in the new job position as they are attesting that a new job is available for you in their company. You will get a new receipt notice for I485J and also be able to track whether it was approved or not.

You can use your own attorney to file I-485J. That way you can better justify "same or similar" position requirement. However the signature must be from company side and they will most likely involve their attorneys.

[bookworm]

Thanks Bookworm.

This helps. I got an email response from the new employer where I may think to join as a full time stating the Hiring Manager would need to suffice the 485J form and Once I receive it from them I need to work with my own attorney to file 485J proactively.

Thanks all for your help. EAD is definitely a privilege then if you are working solely using EAD and not using H1B at all

Be careful with the SOC code and JD. Involve your lawyer before you switch. If your hiring manager is willing to support you he could expand some of the "other duties" to align with your previous JD.

Your best friend in 485J is you. You need to prove how new JD is close to the old JD. My personal experience is that Lawyers and HR dont understand the functional aspects of the job so they interpret things literally. Your job is to translate their feedback into action items on the JD. Most of us are hired in same or similar occupation. Tricky part is convincing the AO that the paperwork supports it.

Good luck and god speed!

[texas_]

Thanks Brother

[texas_]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

[bookworm]

Thanks for you inputs. I believe if we hire experienced attorneys 485J is their day to day activity and can draft JD that matches the old JD

What do you think?

Is your new employer a large org or a smaller org? Having a experienced attorney helps but they are expensive. The biggest hurdle in my experience is HR. If you can navigate that then you are as good as gold. Usually your hiring manager has a big role to play in detailing your duties. So make this a part of your hiring process and you will have an easier time later on. Once you are in you have limited leverage.

[Moveon]

This post does huge disservice to readers of this forum so I have to now intervene and set things straight.

1) Biden administration at this time is 2 days old. Their nominees are yet to be confirmed (thanks to lack of cooperation from previous administration). So to pin a visa bulletin on them at this stage is quite inappropriate.
2) Under all previous administrations in recent memory (Bush / Obama and then Trump) spillover has always happened May onwards. So until then the date movement is always extremely restricted for backlogged countries.
3) The previous administration was totally anti immigrant - legal or illegal did not matter. Any spillover from family to EB is completely accidental (thanks to COVID) and required by LAW. So there is nothing they did. One can write an entire essay on how many things they have done to make life difficult for all immigrants.

It is natural to have political inclination but these are simply wrong and harmful arguments.

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

[vedu]

Q , I am in complete agreement with you . I had mentioned in the first post today that I am very optimistic about the new administration moving the dates and this VB was formalized during the prev admin. It seems to be the one last attempt to screw us just for sadistic pleasure.
Anyway we will still need to get a word to the current "people in power" of our plight and the urgency to issue the GCs before September. Thankfully there is no legislation or EO to be passed . So , the Admin just needs to prioritize this task and someone needs to tell them that , else it will get drowned in the illegal immigrants talk .

Actually, you are in disagreement with Q. If you read carefully, what Q is saying is that "spillover has always happened May onwards, so until then the date movement is always extremely restricted for backlogged countries". And that's the HARD TRUTH. So, political differences aside, blaming any admin (old/new) for the visa bulletins in first couple of quarters is wrong.