EB2-3 Predictions (Rather Calculations)

[srimurthy]

@Guru's

The birth registration dates for my family and I are documented within 3-4 weeks after date of birth but the BC was provided recently (around 2015) by the respective Municipality. Given this, will USCIS accept the BC while making a final decision on I-485? Or should we consider getting an Affidavit from parents/relatives as the BC wasn't issued within the few weeks/months after our birth date?

You can check and read the whole Birth and Marriage Certs discussions and affidavit formats and everything on the forum here
https://www.qesehmk.org/forums/forum...th-Certificate

[LightAtEndOfTunnel]

IMO anyone who has crossed normal processing time (6 months) is eligibile for expediting EAD/AP. Please check the following link first to get processing times.
Processing Times (uscis.gov)

You should open a SR (at a minimum) and then if there is really a genuine reason (ex., job loss, etc.,) go to congressman or senator and expedite. I know some people take the high road and say don't do this as you are putting strain on USCIS. Don't fall for all of that (crap), because when someone like H4 EAD or FB or asylum or other immigration groups sue USCIS they are going to streamline all their resources to make the judicial branch happy. There is no point in you taking moral high ground when everyone else is looking out only for themselves.

There is a huge 90 page thread in trackitt with lot of people posting about how they expedited their request. If you browse that you may get some ideas and what had or had not worked. Just remember when you are dealing with USCIS past performance cannot be used to guarantee future return.

I came across a tweet this week outlining how two physicians career progressed where one is from a backlogged country. I have personally seen this happen at my work where a co-worker and his wife got atleaset 10 GCs for their extended family before I got a chance to get a GC. Also was sad to see someone tweet that USCIS is in line to waste about 100K GC's this year. The discussions were if USCIS loses some litigation, they will prioritize those group over pending I-485. So my point is we cannot say what USCIS will do with processing time of certain applications. They have only limited resources.

Ten years ago, if you wait 2-3 weeks after becoming current your GC will come in mail. Sadly, it is not the situation anymore. Mom's pay attention only to the crying baby first. :-)

Couldn't agree with you more Idliman. My wife is a doctor. A lot of residency programs are only open for citizens or permanent residents. Unlike engineering, medical colleges have like 6 or 7 seats for residencies per year so competition is super fierce and imagine you are not even eligible to apply at 50% of the institutions because of your visa status. Some medical colleges also have different tuition rates for foreign student (this is different from out of state tuition) and permanent residents and this is not a difference of $10/20K. This is like paying 200K / year vs paying 30K / year. Yes I am not joking.

[1312011_eb2I]

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?

[gsingh]

Question on ER - We filed I-485/I-765 on 10/30/2020 with TSC (Based on my PD 04/2012 in EB3) but are still waiting for EAD. Haven't received biometrics appointment either.
We are relocating and my wife(she is on h1) cannot work remotely and is looking for a job at new location and EAD will be help her with that.
Is this a sufficient basis to expedite the request for EAD?
Would this explanation be enough, if we are asked for documentation.

Thanks for your inputs.

Thanks idliman. Per usual very helpful.

So I summited an expedited request with USCIS over the phone this morning for I-765.
I just now got an email inquiry from USCIS and they mistakenly created the ER for I-485 and are requesting additional information. My PD(4/2012) is not even current for FAD.
I assume ER was created mistakenly for I-485 when I requested it for I-765 and provided the receipt number.
Has this happened with anyone else ?

Should I respond to the inquiry and clarify that ER was for I-765. Or let this expire and submit a new one for I-765 ?

[LeoAugust]

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.

[ImmiGiveMe]

Mine in at MSC with a PD of Nov, 2009.
Filed in October, 2020.
No EAD.
No GC!

So, not just TSC.

Seems June is the month of cases at "National Benefits Center".. on trackitt the approvals in june are more from this center.

[qesehmk]

Hi Gurus,
Can I work for two companies on H1b with taking salary from the company holding H1 and other company without taking salary (just giving suggestion over email and attending meetings) ? Please let know.

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.

[incredible]

Hi Idliman,
Share your post GC experience(may be on separate thread), as we are eager to hear about fearless life after decades of ?GHULAMI?.
Also, do we know what is the processing time once FA is current?

The processing times these days after FA is current can range anywhere from 2 weeks to 9 months. There are people who have the FA current back in October of 2020, but never got GC. There is no logic whatover right now with the way USCIS is processing. I think trackitt folks have tried to do some reasonable measure through RFE, RFER, RFE issuing Officer, RD, PD. But there are just too many variables. The one advice could be, if an RFE is received, try to send it back as soon as possible. I turned out to be one of the few lucky guys who got it in 2 weeks after being current. I can attribute that to my attorney who insisted in sending the RFER within 2 weeks of receiving it.

[LeoAugust]

You must have work authorization to do any work for any business or person.

You can however do volunteer work without pay at a volunteer organization. So technically if somehow your work classifies as volunteer work then it is possible.

If you have two H1s then you can work for two employers and draw two salaries. There is no limit on how many H1s you can hold.

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

[mr00us]

Some interesting USCIS policy updates ....
https://www.uscis.gov/sites/default/...horization.pdf

[Turbulent_Dragonfly]

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

I would be very careful with this. Volunteering is fine when it is providing some service to non-profits like food banks, relief during disasters, volunteering to spruce up the local public school etc (I regularly do this). The moment you start providing "free labor" to a for-profit company who can use that essentially to make a profit, then you can get in trouble. I think of it as if you provide free service like attending meetings/providing suggestions which enhances the productivity of the company, then automatically you are providing services for free while someone (even yourself with another H1) could have been paid for doing that.

[LightAtEndOfTunnel]

New policy update from USCIS: https://www.uscis.gov/news/news-rele...ation-services. Notable changes are:

• Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
• USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

[newsletter1978]

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals

[rsnake]

can i submit medicals without waiting for RFE, has anyone done that?
i485,ead application receipt date 10/29/20. Biometrics on 3/31, Current in March Bulletin - N0 EAD or RFE received for medicals

There is a separate thread for this https://www.qesehmk.org/forums/showt...ter-485-filing

[rsnake]

New policy update from USCIS: https://www.uscis.gov/news/news-rele...ation-services. Notable changes are:

• Updated policy guidance will increase the current one-year validity period on both initial and renewal EADs to two years for certain adjustment of status applicants
• USCIS is rescinding a July 2018 memo (Trump era) that permitted agency officers to deny certain immigration benefit requests instead of first issuing an RFE or NOID.

Both good steps, but no immediate relief for pending GC applications. The first one will help to reduce USCIS caseload starting one+ year down the line. Second one I believe was applied more to H1 approvals.

The big one that I am hoping and waiting for is to reverse the 2017 memo to have all EB GC applicants show up for interview. After covid started they unofficially started waiving it, but I think with Covid cases going down and most people getting vaccinated this rule will start getting applied again, delaying GCs atleast by 5 more months(current timeframe for getting interviews). Take it with a grain of salt, but heard rumors that San Jose field office started scheduling more people for interviews for EB cases.

Long shot but also hoping that USCIS will implement premium processing for EADs and I-485s that Congress gave it clearance for in Oct last year.

[qesehmk]

Thank @qesehmk. I just want to help/volunteer to provide suggestion and attend meeting for mentoring and to have a email id. No salary. All free. Will it be ok?

Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.

[prabakarb]

I just received my RFE today for my 485 processing. RFE is for 485J and Medicals for me and for my wife medicals. Can someone help me on how to respond 485J? I am familiar with AC21 but 485J is new to me.

PD: 4/2/2010 EB2, TSC. Officer: XM1410

[shaisri]

I had previously asked for help because uscis kept ignoring our priority date on I-485 which is 01/07/2010 and kept looking at the filing date in the i140 as the priority date. Because of this they refused to pick our case up despite several SRs raised. Now in may we became current even by that wrong date but ofcourse we are far behind in the queue.
We have approached our congressman on help with expediting and they have said they will help . Let?s see if anything moves

[LeoAugust]

Here is a litmus test.

Could the work result in a future monetary benefit for you? If yes then I wouldn't undertake the work.

No. Not from that entity. Probably after 2-3 years.... yes.

[Sebiswaiting]

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showt...2684#post82684

[gammaray]

Hello ,
I needed help with a question on h1b and posted in h1b thread, but somehow this thread is the happening one always so posting the link here in case anyone of you can comment.

https://www.qesehmk.org/forums/showt...2684#post82684

Typical h1b premium adjudication time (at least in the recent past) has been 8 -10 calendar days. A SR to correct the employer name may restart the clock, so maybe give it another 10 calendar days? I am guessing ofcourse.

[gammaray]

No. Not from that entity. Probably after 2-3 years.... yes.

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.

[delguy]

2-3 years is, well, the future. IMO what makes it more dicey is having an official company email which could raise flags. Attending meetings or mentoring would be difficult to track but an official email will be on record.

On a different note, if I am not wrong LeoAugust has filed AoS in Oct 2020, if the user waits for EAD, there shouldnt be any issue working voluntarily or paid

[LRT_INDIA]

Hi Mates,

Need your suggestion on my case.

PD: 29th September, 2011 in EB-2
Filed: EB-2 to EB-3 downgrade on 29th October, 2020 along with I-485, I-765 and I-131 and waiting for my I-140 in EB-3.

Planning to request premium processing for my EB-3 I-140 since it is pending for more than 7 months. My case went to Nebraska where my previous EB-2 140 approved

I moved to new employer in July 2021 and Perm process started 2 months back. My previous employer is co-operative and they are open torehire after I-485 approved. I am also willing to join back them after my case approved.

Do I need to need to move back to my previous employer now or I can work with current employer until my I-485 approved?

Thanks for your guidance.

Regards,
Laxmi

[abcx13]

Live tweeting from USCIS and DoS AILA Panel -
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