I485 Information, details and scenario playout

[inspired_p]

I-765 status changed today to card being produced both for spouse and me. We had biometrics appointment on 21st Jan.

For me, Status of I-765 also changed to card in production. USCIS seems to have started processing cases now swiftly

[kuku82]

For me, Status of I-765 also changed to card in production. USCIS seems to have started processing cases now swiftly

Fix the typo in your signature for ead production date

[inspired_p]

Fix the typo in your signature for ead production date

Updated now ! Thank you !

[reys03]

Hi keku82 and inspired_p, congratulations! Can you please share the service center.
We had our biometrics on Dec 4th, and the case status is 'Case Was Updated To Show Fingerprints Were Taken' since then.

PD: Jun 22, 2010 EB2I
AOS/EAD/AP received date: Oct 21st, 2020
Biometrics: Dec 4th, 2020
Service center: NBC

[kuku82]

It was filed at NBC

[inspired_p]

It was filed at NBC

Mine was filed in Nebraska, moved to MSC after biometric.

[reys03]

Thank you!

[Zenzone]

Here is my timeline (so far...) -

RD - 10/22 - EB2
Biometrics - 1/8
I-765/I-131 case approval - 1/14
EAD/AP Card received - 1/22
National Benefits Center

[shivab55]

Here is timeline for my direct EB2 case -

PD: Apr 2011
RD: 10/21/2020
FP : 01/22/2021
EAD/AP New card production: 01/29/2021
Lockbox: Phoenix
Processing Center: NBC

[gc_wanted]

One question, sorry for jumping in middle of discussion and sorry if am asking a basic question but am not sure how it works. So just checking.

if someone change employer after EAD approval and on EAD and if the 485 final dates are current, then who will help the consultant to get his green card ? How that all process works ? Is it worth changing the employer on EAD or good to change employers?

Also can dependents / spouses go on EAD and work while the primary applicant still stays on H1 visa?

I mean the consultant need attorney or he don?t need any help at that point ? Or the new employer will help?

TIA

[kuku82]

I-765 status changed today to card being produced both for spouse and me. We had biometrics appointment on 21st Jan.

Got the combo card today in mail. 1-yr validity.

[idliman]

Q1. if someone change employer after EAD approval and on EAD and if the 485 final dates are current, then who will help the consultant to get his green card ? How that all process works ? Is it worth changing the employer on EAD or good to change employers?

Q2. Also can dependents / spouses go on EAD and work while the primary applicant still stays on H1 visa?

I mean the consultant need attorney or he don?t need any help at that point ? Or the new employer will help?

TIA

Welcome to the forum. First Browse through the EAD/AP forum and understand the differences between H1B and AOS Pending status.

Q1. You will have to wait 180 days after the "Received Date" to port / change jobs. Otherwise you will lose AC21 eligibility. After 180 days of AOS pending, then you can go to any employer you want for any job. But if a I485 RFE comes, you need to support "same or similar" justification and I485 Supp J. Some people decide to keep H1B also. However if you are in the consultation business and keep changing projects that may be difficult.

Q2. The moment primary uses EAD/AP, the dependents also will go to that status. However, if spouse is on EAD/AP (AOS Pending) status, there is no need to renew H4. If spouse is on EAD/AP, then the primary can stay on H1B if needed. In that case primary will have two valid status (H1B and AOS pending), however only one is active. Spouse will have only one Status, i.e., AOS Pending.

Once you cross 180 days, you will keep renewing EAD/AP and don't need an attorney till you get a I485 RFE for Supp J.

[kuku82]

Folks, my I485j was filed as part of the 485 package in October for bona fide job offer. Couple questions:

1) How much time it typically takes to approve the 485j? Mine was filed at NBC.
2) If after 180 days from RD if employer is changed using AC21, then what happens if another 485j is filed (to exercise portability) by the new employer? Does the latter simply override the former?

[idliman]

Folks, my I485j was filed as part of the 485 package in October for bona fide job offer. Couple questions:

1) How much time it typically takes to approve the 485j? Mine was filed at NBC.
2) If after 180 days from RD if employer is changed using AC21, then what happens if another 485j is filed (to exercise portability) by the new employer? Does the latter simply override the former?

Q1. Typically 2 to 3 months. But now we are in unprecedented territory with October rush. I believe I485J will fall into I485 processing time which is upward of 12 months. I don't think you are going to do a service request for at least one more year.
Q2. The first time you submit I485J, it is just a confirmation of Bona Fide job (in good faith) offer. After 180 days, you can use I485J for portability to another employer. So both I485J's have their own purpose. 180 days is not a free ticket to I485. Lets say if USCIS picks up your original I485 and new I485J after 180 days, if they find something seriously wrong with original I485 (e.g., health, criminal, security, public charge or immigration violation, etc.,) they can reject the complete AOS application. So you are out of the woods only after I485 is properly adjudicated or pre-adjudicated.

Hope this helps.

[inspired_p]

Q1. Typically 2 to 3 months. But now we are in unprecedented territory with October rush. I believe I485J will fall into I485 processing time which is upward of 12 months. I don't think you are going to do a service request for at least one more year.
Q2. The first time you submit I485J, it is just a confirmation of Bona Fide job (in good faith) offer. After 180 days, you can use I485J for portability to another employer. So both I485J's have their own purpose. 180 days is not a free ticket to I485. Lets say if USCIS picks up your original I485 and new I485J after 180 days, if they find something seriously wrong with original I485 (e.g., health, criminal, security, public charge or immigration violation, etc.,) they can reject the complete AOS application. So you are out of the woods only after I485 is properly adjudicated or pre-adjudicated.

Hope this helps.

Question: How does one know if the application is pre adjudicated ? Do we get correspondence that USCIS has approved the application?

[idliman]

Question: How does one know if the application is pre adjudicated ? Do we get correspondence that USCIS has approved the application?

You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (Attachment 1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:

If a visa number is not immediately available, complete a pre-adjudication worksheet (Attachment A), but DO NOT request allocation of a visa number through CCD/IVAMS.

USCIS field offices must now begin shipping their currently pending visa regressed cases to the appropriate designated storage location for case type (employment-based I-485 cases to the TSC and family-based I-485 cases to the NBC), as established in this memorandum, using the attached pre-adjudication worksheet (Attachment B).

So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

[inspired_p]

You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (Attachment 1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:




So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

Thank you very much. I have filed for the first time in October 2020. So most probably still under adjudication.

[mohan_jgd]

Finally after a long wait, was able to get the receipt notices for me and my daughter from Emma yesterday. Still waiting for spouse to be entered into the system.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD:
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

[rainmaker12]

PD : July 2010 (EB2-I)
10/21/2020: 485 Filing date
11/18/2020: 485, 765 131 Receipt notice date
12/22/2020: Biometric notice date
01/21/2021 : Biometric appointment (Seattle ASC)
01/28/2021 : I-765 approved
02/02/2021 : received EAD/AP card in mail

Even though me and my spouse had applied together and went for biometric at the same time. Only my EAD/AP has been approved. My spouse status still shows as "Case Was Updated To Show Fingerprints Were Taken" since the biometric appointment. Anyone on the same boat?

[mohan_jgd]

Finally after a long wait, was able to get the receipt notices for me and my daughter from Emma yesterday. Still waiting for spouse to be entered into the system.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD:
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

Received all the receipt notices for me, spouse and my daughter in mail today.

PD: Mar 2011 - EB2
FD: 10/29/2020
RD: 02/09/2021
FP :
EAD/AP New card production:
Lockbox: Dallas
Processing Center: NBC

On to the wait for next milestone.

[nbk1976]

You are bringing back past memories. Look at the following memo from USCIS that provides instructions on how to handle I485 when GC/Visa numbers are not available (Attachment 1770). As this is an internal process of USCIS it is not defined properly to the common public.

Basically once USCIS completes review of I485 and determines that GC can be issued, they attach a worksheet and send it to off-site storage where your file sleeps till your PD becomes current OR you do a I485J or anything regarding I485.

Within this above Memo you will find:




So if you have access to the physical I485 file, you can figure out. Maybe there is some flag in the internal USCIS computer system that shows file has been pre-adjudicated and sent to storage. You have to talk to a competent AO / L1 / L2 who can reveal this info to you. However, if you are one of the 2012 files, you can be 99.9% sure that your file has been pre-adjudicated. Otherwise it would have been denied by now.

HTH.

Just wanted to mention that you can ask your congress(wo)man/senator to inquire about the current status. Clearly ask if your case is "pre-adjudicated". I got a reply stating that it was.

[SG2020]

Hi all -

This forum has been the best source of information and encouragement this past decade for me. My PD is May 17, 2011 EB2 - so I had to file for I-485 along with a downgrade to EB3. Will appreciate if someone could provide answers to the following questions (or point me to posts on the forum that contain these details):

1. Premium Processing for I-140: Fragomen has given me 2 different not-so-convincing reasons for not filing I-140 in premium processing. My downgrade application is with the same employer in same location...so please confirm if premium processing can be requested.

2. Post 180-day actions: What can I do after 180 days of pending I-485 application. Will USCIS send me an EAD card then automatically? My application was filed with I-765 as well and that was received alongwith the I-485 on Nov 4. Does I-140 for my EB3 downgrade have to be approved before an EAD can be issued? I have my older EB2 approved application.

3. Changing locations: Both my I-140 and downgrade are for the same PERM. After 180 days, can I transfer my office location (from north-east to SF) doing same/similar work? If I get an EAD after 180 days (see 2 above), will the change in location have to be done after the EAD is received?

4. Changing employers: Same as 3 above...can I change employers after 180 days (or after the EAD comes)? Does the work work have to be same/similar?

5. Receipt notices: My applications were delivered on Nov 4. I contacted USCIS through Emma last week and got the receipt numbers (dates are Feb 11). The status on myUSCIS now says that all my notices have been mailed but I have not received any of them yet. Is that normal (~10 working days)? What's the method to follow up? Emma?

Will appreciate any wisdom you all can share. Thank you.

[SG2020]

Hi all -

This forum has been the best source of information and encouragement this past decade for me. My PD is May 17, 2011 EB2 - so I had to file for I-485 along with a downgrade to EB3. Will appreciate if someone could provide answers to the following questions (or point me to posts on the forum that contain these details):

1. Premium Processing for I-140: Fragomen has given me 2 different not-so-convincing reasons for not filing I-140 in premium processing. My downgrade application is with the same employer in same location...so please confirm if premium processing can be requested.

2. Post 180-day actions: What can I do after 180 days of pending I-485 application. Will USCIS send me an EAD card then automatically? My application was filed with I-765 as well and that was received alongwith the I-485 on Nov 4. Does I-140 for my EB3 downgrade have to be approved before an EAD can be issued? I have my older EB2 approved application.

3. Changing locations: Both my I-140 and downgrade are for the same PERM. After 180 days, can I transfer my office location (from north-east to SF) doing same/similar work? If I get an EAD after 180 days (see 2 above), will the change in location have to be done after the EAD is received?

4. Changing employers: Same as 3 above...can I change employers after 180 days (or after the EAD comes)? Does the work work have to be same/similar?

5. Receipt notices: My applications were delivered on Nov 4. I contacted USCIS through Emma last week and got the receipt numbers (dates are Feb 11). The status on myUSCIS now says that all my notices have been mailed but I have not received any of them yet. Is that normal (~10 working days)? What's the method to follow up? Emma?

Will appreciate any wisdom you all can share. Thank you.

PS: I had posted this message in the I-485 thread as well a couple of days ago, but no response. Will remove it from here once answered.

[idliman]

Hi all -
PS: I had posted this message in the I-485 thread as well a couple of days ago, but no response. Will remove it from here once answered.

I will try my best to answer some of your dissertation questions.

1. Premium Processing for I-140: AFAIK, the reason why you cannot do Premium Processing (PP) on downgrade applications is because a) You need the original PERM approval from DOL that you had already used for EB2 and b) USCIS needs to retrieve the PERM / I-140 from storage and link it to the current I-485 / I-140. So, some attorneys found a backdoor entry by initially submitting downgrade via regular processing and then once USCIS issues a receipt number they will upgrade to PP. So premium can be requested if you go via this route. There may be other reasons for not doing PP. If you share what they told you we can probably figure out if that is a genuine reason or "truthful hyperbole"
2. Post 180-day actions: 180 days is just a count after the notice date. After that date, you are eligible for AC21 job portability protections. This essentially makes you a "free agent", subject to "same or similar" category job requirement. You can port to a different employer without PERM and I-140 in short. Please read previous posts or google for more info.
   
   EAD card approval has nothing to do with 180 days or downgrade. EAD/AP benefit is provided to you by law on the basis of your I-485 / AOS petition is pending. It has nothing to do with I-140. Of course, for a I-485 to remain valid and pending the underlying I-140 has to be approved at some point.
   
   Downgrade is aka "change of underlying basis". Please read previous posts. You are asking for the entire rule-book here and tough to answer all scenarios.
3. Changing locations: After 180 days you become free agent. There is no job description, pay or location requirement that applies to H1B (if you work only on EAD). Pros and Cons of EAD vs H1B are listed in EAD forum thread. But I would make sure that underlying I-140 is also approved before using AC21. See, GC is given for a future job. You can move to any location and take any role as long as you work in the "GC" job that you and employer signed up for after getting GC. USCIS expects you to stay with employer for a "reasonable" time after GC. If you are still maintaining H1B, then the employer will file an amendment to change job location.
4. Changing employers: Yes. After 180 days and I-140 approval, you can avail AC21 protections. In fact, you can work in Pizza shop or Safeway or not work at all. However, when USCIS sends an RFE (it can be anytime), you need to have a I-485J that promises you a job in "same or similar" category. For this reason it is better to stay with a "same or similar" job or always have an employer that can sign your I-485J. Please google AC21 job portability and the catches / requirements.
5. Receipt notices: Once you get a receipt number, it may take up to 2 weeks to get receipt notices by mail. Check if the notices went to attorneys office. I hate it when they file G-28 this way.

Good Luck.

[SG2020]

I will try my best to answer some of your dissertation questions.

1. Premium Processing for I-140: AFAIK, the reason why you cannot do Premium Processing (PP) on downgrade applications is because a) You need the original PERM approval from DOL that you had already used for EB2 and b) USCIS needs to retrieve the PERM / I-140 from storage and link it to the current I-485 / I-140. So, some attorneys found a backdoor entry by initially submitting downgrade via regular processing and then once USCIS issues a receipt number they will upgrade to PP. So premium can be requested if you go via this route. There may be other reasons for not doing PP. If you share what they told you we can probably figure out if that is a genuine reason or "truthful hyperbole"
2. Post 180-day actions: 180 days is just a count after the notice date. After that date, you are eligible for AC21 job portability protections. This essentially makes you a "free agent", subject to "same or similar" category job requirement. You can port to a different employer without PERM and I-140 in short. Please read previous posts or google for more info.
   
   EAD card approval has nothing to do with 180 days or downgrade. EAD/AP benefit is provided to you by law on the basis of your I-485 / AOS petition is pending. It has nothing to do with I-140. Of course, for a I-485 to remain valid and pending the underlying I-140 has to be approved at some point.
   
   Downgrade is aka "change of underlying basis". Please read previous posts. You are asking for the entire rule-book here and tough to answer all scenarios.
3. Changing locations: After 180 days you become free agent. There is no job description, pay or location requirement that applies to H1B (if you work only on EAD). Pros and Cons of EAD vs H1B are listed in EAD forum thread. But I would make sure that underlying I-140 is also approved before using AC21. See, GC is given for a future job. You can move to any location and take any role as long as you work in the "GC" job that you and employer signed up for after getting GC. USCIS expects you to stay with employer for a "reasonable" time after GC. If you are still maintaining H1B, then the employer will file an amendment to change job location.
4. Changing employers: Yes. After 180 days and I-140 approval, you can avail AC21 protections. In fact, you can work in Pizza shop or Safeway or not work at all. However, when USCIS sends an RFE (it can be anytime), you need to have a I-485J that promises you a job in "same or similar" category. For this reason it is better to stay with a "same or similar" job or always have an employer that can sign your I-485J. Please google AC21 job portability and the catches / requirements.
5. Receipt notices: Once you get a receipt number, it may take up to 2 weeks to get receipt notices by mail. Check if the notices went to attorneys office. I hate it when they file G-28 this way.

Good Luck.

Thanks for the detailed reply...I had tried to research before posting but couldn't find the complete answers.

Just a couple of quick follow ups:

1. Fragomen provided the same reason - that they don't have the original application and so can't apply in PP. However, the application was sent the normal route. Job/company/location are all same. Once we get the receipt notice, should I push for sending a request for PP update?

2. Still not clear about the whole 'free agent' and 'work in the "GC" job that you and employer signed up for after getting GC' part. I will try to look up AC21 guidelines.