EB2-3 Predictions (Rather Calculations)

[Turbulent_Dragonfly]

I suspect NBC with MSC is heavily backlogged to process biometrics it seems. I applied in oct 2020 no update on biometrics schedule.

I got FP done in first week of Dec. I did apply in the first week of Oct though at the Dallas Lockbox and received a receipt from MSC. No EAD/AP approval yet, and my attorney thinks there is a chance they will issue the GC directly.

[smuggymba]

I have been current since November and my case is TSC. I have not had any RFE since 2016. Still waiting to hear from TSC. I have no idea how they are issuing RFEs.

I am not expecting that I will receive GC in hand for another 3 months. My NSC counterparts have already received their GC two or three months ago.

That's harsh. I just got current (March 2010) so it seems we're in for no hope if ppl in november are still waiting. Damn.

[qesehmk]

One more thing to thank Biden admin for.

Form I-944 (Declaration of self-sufficiency) not required anymore.

https://www.uscis.gov/i-944

[EB2I_DEC2010]

Hello Everyone. I'm a first time poster here. First of all, thank you to all of you for provide well thought out, on-point advice to all who come here.

I'm EB2I with a DEC 2010 PD; filed for AoS in Oct 2020 (not TSC) and have received my EAD/AP after biometrics. Here is my question about the GC allocation process:

I've read some posts by GCseeker1999 on tr*ck*tt where it was mentioned that the GC issuance is prioritized according to the degree to which the applicant's paperwork has been processed. In detail, suppose there are 2 AoS applicants, both of whom are current per the VB. The first applicant has approved EAD/AP etc. while the second one is still awaiting his biometrics.

Is it true then, that the first applicant who has all his/her ducks lined up (all paperwork complete pending the GC interview) will be issued a GC before the 2nd applicant? In your experience, is there empirical evidence to justify the same?

Appreciate your thoughts, TIA.

[inspired_p]

One more thing to thank Biden admin for.

Form I-944 (Declaration of self-sufficiency) not required anymore.

https://www.uscis.gov/i-944

This is awesome news ! Maybe its just good riddance of some inconvenience for EB community, but this had a lot of effect on the Family visa applications.

[vsivarama]

This is awesome news ! Maybe its just good riddance of some inconvenience for EB community, but this had a lot of effect on the Family visa applications.

This is a nuisance for EB community as it effects less than 1% for EB applicants but slows down 100% of the applications. It was in put in place to slow down processing, as the previous admin could not legally deny issuing GCs to immigrants.

[nbk1976]

https://docs.google.com/spreadsheets...HAc/edit#gid=0

So, the TSC have approved virtually no cases even as back as Sept 2009 priority dates; they haven't even issued RFEs.

[Spectator]

In case it gets lost in other postings, I've posted a summary of the FY2020 DOS Visa Report here.

Here's the top level numbers:

FY2020-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 4,766 --- 3,118 --- 3,499 ----- 256 -- 1,564 --- 13,203
INDIA ---- 17,014 --- 2,599 --- 3,194 ----- 734 ---- 613 --- 24,154
MEXICO ---- 1,413 --- 1,613 --- 3,796 ----- 906 ----- 47 ---- 7,775
PHIL. ------- 271 --- 1,079 --- 3,411 ----- 236 ------ 9 ---- 5,006
ROW ------ 23,739 -- 34,718 -- 28,921 --- 8,274 -- 1,363 --- 97,015

TOTAL ---- 47,203 -- 43,127 -- 42,821 -- 10,406 -- 3,596 -- 147,153

[Transformer]

Thanks Spec for posting the numbers. EB2 approvals are really ridiculous. They didn’t approve the allocated 2800 visas.

[bones20]

As I said it should not be any issue as long as it is within the same org. Eg One Engineering VP's org to another . As long as you/company can keep the job description within what was filed for the I-140 you are safe . Its very easy when you are in the same company for two reasons
1. The RFE if ever issued typically asks for a new Supp-J only if you changed employers . In your case you are in the same company, so you will not have to respond to it .
2. The USCIS realizes that our job functions cannot be the same for years at end just because we were born in India. Your perm.I-140 I am sure was was filed with a generic description that would give you the flexibility to switch fields . You just need 50% overlap in the worst case .

Go for it man. Don't live in fear.

I am closing on an internal offer. However, the office location is different within bay area. Does it matter from a GC perspective?

[Moveon]

I am closing on an internal offer. However, the office location is different within bay area. Does it matter from a GC perspective?

Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

[SG2020]

Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

[nbk1976]

....In your case you are in the same company, so you will not have to respond to it .

Always respond to an RFE--even if the info requested is trivial, irrelevant/immaterial to your case, or even if it was already submitted before.

[ak7419]

So, the TSC have approved virtually no cases even as back as Sept 2009 priority dates; they haven't even issued RFEs.

that is true.

[bones20]

Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

Thank you. Just spoke to the hiring manager. He is ok with keeping the current location. thanks!

[usvisas]

The Eb1-I guys maintain a tracker for MSC with a sample space of > 500 people. According to it, 39% of the people that applied after October 1st are yet to get biometrics appointment. I follow it to get a general idea of approvals.

https://docs.google.com/spreadsheets...#gid=497246112

There are also a couple of Chinese telegram groups that crawl the USCIS case status page to figure out the rate of approvals. There is a decent spike in activity over the last couple of weeks. But, still a long way to go for them to not waste any GCs.

great find! thanks!

[qesehmk]

In case it gets lost in other postings, I've posted a summary of the FY2020 DOS Visa Report here.

Here's the top level numbers:

FY2020-EB Visa Approvals

EB Approvals

- Country --- EB1 ----- EB2 ----- EB3 ----- EB4 ---- EB5 ---- Total
CHINA ----- 4,766 --- 3,118 --- 3,499 ----- 256 -- 1,564 --- 13,203
INDIA ---- 17,014 --- 2,599 --- 3,194 ----- 734 ---- 613 --- 24,154
MEXICO ---- 1,413 --- 1,613 --- 3,796 ----- 906 ----- 47 ---- 7,775
PHIL. ------- 271 --- 1,079 --- 3,411 ----- 236 ------ 9 ---- 5,006
ROW ------ 23,739 -- 34,718 -- 28,921 --- 8,274 -- 1,363 --- 97,015

TOTAL ---- 47,203 -- 43,127 -- 42,821 -- 10,406 -- 3,596 -- 147,153

Thanks Spec. As always this is incredibly valuable.

[bones20]

Within Bay Area is considered the same Metropolitan Area . Should not cause any issues .

I always thought there are 2... San Francisco-Oakland-Hayward, CA and San Jose-Sunnyvale-Santa Clara, CA (https://www.bls.gov/oes/current/oessrcma.htm). Please check before making a decision. When in doubt, check with your firm's attorney.

Just an update: Spoke to the attorney. She suggested:
- to postpone the start date of the new job to after the 180 day i485 pending period to be on the safe side and that it is quite close in terms of time (end of April).
- I may also need to file i485j if there is material change in the job description.

[longwaitgigu]

It should show in the "Preference classification" Box that is next to the "Priority Date "

It does not show in preference classification in mine

[bones20]

Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

[LeoAugust]

Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

calendar date. 04/29/2021 should be the joining date.

[bones20]

calendar date. 04/29/2021 should be the joining date.

Thanks. Not sure though I understand:
Oct: 3 days
Nov: 30
Dec: 31
Jan: 31
Feb: 28
March: 31
Total: 154

So you need another 26 days in April. So a start date of 04/27 would honor the 180 day pending period, no?

[android09]

Re: ac21 180 day rule
If my i485 receipt date is 10/28/2020, what should be my join date to a new job with ac21 portability. Is it 04/26/2021 or 04/27/2021? is the receipt day inclusive of the count? thanks!

Wow, counting the specifics ! You must have a spectacular offer in hand or want to leave your employer real bad.

[bones20]

Wow, counting the specifics ! You must have a spectacular offer in hand or want to leave your employer real bad.

Yes - the current job is no less than jail. Counting days - literally !

[hariyalipremi]

Just put it in excel...do a formula for 180+receipt date..join the next day!