EB2-3 Predictions (Rather Calculations)

[waiting-forever]

Idli, did you receive the physical card?

My situation,
I have submitted my RFE Response last week, and the status is changed to response received today.

In my case status changed to "We ordered your new card" exactly after 2 weeks of receiving the RFE response at Texas Service center and 3 days after it, card was mailed to me.

[dharmindesai]

The only way to get through this situation is to call and email them every day without any shame. Tell your story to attorney, HR and manager and play sympathy or some other emotional intelligence card. Completely take off your ego and go after chasing the PERM till it gets submitted to DOL. There is no other way to get this done. I understand how difficult it is to work in a system that is not aware of immigration. The great thing for you is the Nov 2010 PD. Work with your manager or HR to feed them all the input required by the attorneys. Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

Thanks Idli; point taken. My manager is way too calm/super chill; just have to find a way to penetrate his Iron Dome system

[dharmindesai]

Since you need to restart the PERM process anyway, I don't see why you cannot find a new job and negotiate getting the PERM started right away as part of your joining package. Not saying it's going to be easy, but getting the ball rolling somehow should be at the top of your list. So either convince your manager/HR/lawyer to kick-start the process at your current company, or find a new employer who is willing to do so immediately.

Thanks and agreed. Status-quo seems to be no more an option

[suninphx]

Keep in touch and be persistent. Just remember the 17 invasions of Ghazni Mahmud.

Very very bad example Idli !

[AceMan]

In my case status changed to "We ordered your new card" exactly after 2 weeks of receiving the RFE response at Texas Service center and 3 days after it, card was mailed to me.

I will be current only on June 1st.

[qesehmk]

Thanks Idli; point taken. My manager is way too calm/super chill; just have to find a way to penetrate his Iron Dome system

Dharmin - I haven't read every single post or detail but if I understand your situation correctly then the lawyers are delaying something where there is apparently no reason to delay.

I'd say tread extremely carefully. The lawyers don't do anything in vaccum. They work for your company - not you. So the delays are designed rather than being an accident. I will say that is a very ominious sign and you getting a GC is only going to make your relationship with your manager worse. Better start looking for a new manager.

I would also strongly discourage pestering everybody about your problem. If people listen and ignore then they like status quo. Read the tealeaves and gracefully look for a new home.

[suninphx]

I will be current only on June 1st.

If interviews are being waived on a broader scale then it should be pretty fast for you. And I sure do hope that's the case. Good luck!

[donkeykong]

I think you will get approval next month. I am in the same shes and only filed perm a couple of months ago.
Cant wait for this torture to end.

This is my 3rd I-140. First one took 6months, second 1 year and looks like this one is 1.5 years in making.

[newyorker123]

Yes, I believe if USCIS is re-using any existing biometrics for your case, they will notify you in writing.

When does USCIS get biometrics ? At the time of entry in US, picture and finger prints are taken, does that count as biometrics ?

[dharmindesai]

Dharmin - I haven't read every single post or detail but if I understand your situation correctly then the lawyers are delaying something where there is apparently no reason to delay.

I'd say tread extremely carefully. The lawyers don't do anything in vaccum. They work for your company - not you. So the delays are designed rather than being an accident. I will say that is a very ominious sign and you getting a GC is only going to make your relationship with your manager worse. Better start looking for a new manager.

I would also strongly discourage pestering everybody about your problem. If people listen and ignore then they like status quo. Read the tealeaves and gracefully look for a new home.

Great points all around Q and few more points for me to chew on; but I think the delay is mostly at the attorney's end. a couple of ex-colleagues are in the same boat - the firms we work for only have a handful of cases each year (maybe 2-3)so most likely the attorneys are prioritizing larger clients; plus sounds like it's just not on top of to do list for HR; at one of my earlier firms I heard the HR just forgot to mail paperwork for my perm application to attorneys, it was sitting on her desk for months and then found only after she quit, by the time new HR was ready to file, I was ready too with a new job offer and resignation letter ; also feel the non-confrontational approach of my manager could be making it worse. we have great working relationship and he is a very gentle soul - which makes it almost impossible for me to get very excited or upset in his presence;

Also, I really like this sentence you wrote - "If people listen and ignore then they like status quo." and am going to save it as a quote for future refence

[qesehmk]

Also, I really like this sentence you wrote - "If people listen and ignore then they like status quo." and am going to save it as a quote for future refence

That is my personal painful experience and hence the wisdom!

All the best. We have some really good guys on this forum. I can assure you they mean nothing but the best for you! I hope things move forward quickly for you.

[dharmindesai]

That is my personal painful experience and hence the wisdom!

All the best. We have some really good guys on this forum. I can assure you they mean nothing but the best for you! I hope things move forward quickly for you.

Thanks for the wishes. I have always felt so and believe some of the gurus/experts in this forum are gurus in the true sense This forum is like a beacon of light and hope for people navigating in the dark and murky waters of immigration

[EB2JUL2010]

Forum members - need some advise. I have been with current employer for over 15 years with PD JUL 2010. I filed my 485 in Oct 2020. Completed bio and received EAD/AP. It has been more than 180 days since 485 was submitted and I have an FT offer with a new employer. The new employer is ready to do portability and submit I485-j and want me to join asap. At the same time, I am still not ready to leave current employer. Since my PD is already current but we don't know when I will receive GC, can I use my EAD (switch to AOS pending status) and work for both employers - current and new for the time being (The new employer will submit new I485j portability form). Once the GC is approved, then I can switch to working for new employer. Is there any issues or risks with this scenario?

[vedu]

Great points all around Q and few more points for me to chew on; but I think the delay is mostly at the attorney's end. a couple of ex-colleagues are in the same boat - the firms we work for only have a handful of cases each year (maybe 2-3)so most likely the attorneys are prioritizing larger clients; plus sounds like it's just not on top of to do list for HR; at one of my earlier firms I heard the HR just forgot to mail paperwork for my perm application to attorneys, it was sitting on her desk for months and then found only after she quit, by the time new HR was ready to file, I was ready too with a new job offer and resignation letter ; also feel the non-confrontational approach of my manager could be making it worse. we have great working relationship and he is a very gentle soul - which makes it almost impossible for me to get very excited or upset in his presence;

The situation you have described here makes me very nervous . It's not that complicated. A good employer and a good lawyer can prepare your case in a day if they want to. If the attorney is prioritizing other clients over you, then he should get fired . Will your employer allow you to hire your own lawyer paid for by you? That may help jumpstart your case.

[amey111]

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

Hello Aceman...As always, thank you for your great inputs! I recently changed jobs (after getting EAD and approval for I-140 downgrade to EB-3). I now plan to submit I-485J for my new job. My priority date is Oct 2012. Based on your suggestion, it might be better to send I-693 (medicals) along with I-485J. Is that correct?

Thank you.

[3nov10]

dharmindesai, I also have a PD in Nov 2010. I also changed jobs few times and now at the latest job perm was filed in July 2020. It went to audit and I am still waiting.

So even if the manager agrees it is unfortunately a long and painful process ahead of you.
Those who want you to get a GC will do it in first conversation (personal experience), others will hide behind processes and policy.

There no such thing as company policy, they make exceptions every day (personal experience).
I was not supposed to get moving expenses, I got it, I was not supposed to get GC filing before 2 years in company, I got it. I was not supposed to get promotion in first year got that too. All of these are exceptions to the policy of a large American corporation.

So if they really want to get the GC they will help. If not move to someone who will help.

[vsivarama]

Hello Aceman...As always, thank you for your great inputs! I recently changed jobs (after getting EAD and approval for I-140 downgrade to EB-3). I now plan to submit I-485J for my new job. My priority date is Oct 2012. Based on your suggestion, it might be better to send I-693 (medicals) along with I-485J. Is that correct?

Thank you.

Usually you submit any changes or additional information to your i485 application via an INTERFILE request. My attorney submitted the medicals for me via interfiling. But he did tell me, that in his experience these requests have been hit and miss and USCIS may still send an RFE. My medical examiner told me that if USCIS sent out a request for medicals again within one year, they will re-date my medicals and give it to me for a nominal fee of $50. So you may want to find out from your local authorized doctor's office if they do something of that sort. Though we would like to believe otherwise, the USCIS medical centers do not follow a standardized process. Some of my friends were vaccinated the day they showed up at the office (as they had no vaccination records from India), but for us they did a blood test to see if we had the antibodies to the vaccines. So we never had to take an vaccines. Some still do the skin test for TB whereas others don't.

[EB2JUL2010]

Members - need some advise. I have been with my current employer for over 15 years. I was able to file my 485 last year in Oct 2020 in EB2 category (haven't received 485j receipt yet). I completed biometrics and have already received EAD/AP in Feb 2021. I now have another FT offer from a new employer. Since my 485 has been pending for more than 180 days, the new employer is ready to submit new 485j portability request and wants me to start asap. For a personal reason, I am not ready to leave current employer. Can I instead switch to AOS pending status, start using my EAD and work for both current employer and new employer simultaneously? The new employer will proceed with submitting 485j portability asap. Once GC is approved, I will then continue to work for new employer only. Do you all foresee any issues/risks with this approach? Will this mess up my current process?

[sstest]

You could try sending a request for premium processing on the I140 along with medicals in the hope that they process it all together and issue your GC straight away?

Thanks! I shared this advice with two other friends who are in a similar situation. With such aggressive moves materializing, not including medicals early was a mistake in hindsight. New civic duty - those of us who are current or about to be current should try to avoid any delays and try to snag visa numbers before October rolls in. Good for us; good for people behind us in the queue.

[ImmiGiveMe]

Based on the movement from last few months VB's, what is best-case scenario for EB2-PD(03/19/2012) to be current?

Thanks!!

[rsnake]

Based on the movement from last few months VB's, what is best-case scenario for EB2-PD(03/19/2012) to be current?

Thanks!!

It's very likely to be current in October barring some unlikely unforseen situations like Congress passing a bill to stop unused FB visas from going to EB.

As far as porting eligibility before that is concerned it's also possible that you will get a second chance to downgrade to EB3 in the next few months before Oct if the FADs for EB3 is moved forward, but that's not clear because of lots of unknown factors. The number of downgrades, the visibility of the downgrades to COS, the speed of processing of the downgrades to use up visa numbers are all up in the air. It is possible that the dates will move to 2012 in the next few bulletins since dates are moved based on visa availability rather than speed of processing, because downgrades are going very slow right now even though a few have been able to upgrade I-140s to premium processing.

My advice would be to get all forms and documents, birth certificate etc. ready for filing except for medicals, and even for medicals get the required vaccines or antibody tests so that you can get a signed I-693 from the doctor within a few days of dates being current, especially if you have to file in Oct. As we have seen last Oct, it's important to get your application out as early as possible. People who filed before Oct 22 or so have gotten biometrics, EAD/AP and some the GC itself, while a lot of the people who filed towards end of Oct or later months are still waiting for those, with some exceptions.

[AceMan]

It's very likely to be current in October barring some unlikely unforseen situations like Congress passing a bill to stop unused FB visas from going to EB.

As far as porting eligibility before that is concerned it's also possible that you will get a second chance to downgrade to EB3 in the next few months before Oct if the FADs for EB3 is moved forward, but that's not clear because of lots of unknown factors. The number of downgrades, the visibility of the downgrades to COS, the speed of processing of the downgrades to use up visa numbers are all up in the air. It is possible that the dates will move to 2012 in the next few bulletins since dates are moved based on visa availability rather than speed of processing, because downgrades are going very slow right now even though a few have been able to upgrade I-140s to premium processing.

My advice would be to get all forms and documents, birth certificate etc. ready for filing except for medicals, and even for medicals get the required vaccines or antibody tests so that you can get a signed I-693 from the doctor within a few days of dates being current, especially if you have to file in Oct. As we have seen last Oct, it's important to get your application out as early as possible. People who filed before Oct 22 or so have gotten biometrics, EAD/AP and some the GC itself, while a lot of the people who filed towards end of Oct or later months are still waiting for those, with some exceptions.

That is a totally bad suggestion. There is no need for a 2012 filer to downgrade based on what we have seen over the last one year. Eb1 current, and Eb2 I will be greened starting October 21.

My suggestion stay put.

[Kesid23]

How soon after biometrics can one expect to receive GC if you are current?

We have been current from March, 2021
Responded to medical RFE on April 16.
Derivative finished code 3 biometrics on May 17.
Primary code 3 was on Dec 2.

[rsnake]

That is a totally bad suggestion. There is no need for a 2012 filer to downgrade based on what we have seen over the last one year. Eb1 current, and Eb2 I will be greened starting October 21.

My suggestion stay put.

I don't see how it's a 'totally bad suggestion'. I suggested the downgrade option(if it become available) because the 180 day clock for AC21 and earlier EAD/AP can turn out to be very important for some people. Being able to file in July or August instead of October is a full 90 or 60 days earlier that one would be able to switch jobs without having to refile for labor and I-140 with a new employer. PERM itself is taking close to two years. Having your priority date is meaningless and useless if you don't have an approved PERM with the new employer, and they file for a new I-140 requesting porting your old priority date instead of the new PERM priority date.

What if someone loses their job due to unforeseen circumstances? What if someone with an expired visa stamp needs or wants to travel to India in a few months and the consulates are still dealing with the backlog from the travel bans and there are no appointments? The boat was already missed once last year to get those benefits. Now, some jobs are more stable than others so it's an individual choice and how much risk tolerance one has. It may not be worth filing a downgrade in September, might as well wait for Oct so you don't have to deal with the I-140 approval delays.

Whether one files in July or Oct, it's a good idea to get all the forms, documents ready and get prepared for speedy medicals as well.

[spacetime]

I have been telling my friends who downgraded with 2012-13 PDs submit their Medicals. Only 3 out of 9 friends submitted. If the dates are advanced to 2013 in August bulletin, they have wasted their chance of getting greened in the 2021 quota. I remember CO complaining about this in FY 2017 about Eb3 people not responding to RFE's in time. Lot of them are downgrades

All believed their freaking attorneys who asked to submit 485 without medicals. The bloody medicals are valid for 2 years.

Hi AceMan,

I thought I?ll pick your brain on this one. My PD is Dec-13 and I did submit medicals along with AOS with downgrade. In your opinion, shall I upgrade I-140 to Premium if there?s a good chance to get greened or just wait as PD is all the way in Dec/13.