EB2-3 Predictions (Rather Calculations)

[vedu]

Thanks Vedu! Agree. But my date is not current until next week. Hence the question. Do you still think I need to send it right away?

I still think you need to send it right away. It may take a couple of days for it to reach there, then their mailroom may take a couple of days to process it, then there may be a weekend. By the time it reaches the officer's desk, it may already be July 1st. Even if it is not, he/she may clear it and put in the line to be approved on day 1.

Are you afraid that they will approve it before July 1 and then you will be in trouble?

[Zenzone]

I still think you need to send it right away. It may take a couple of days for it to reach there, then their mailroom may take a couple of days to process it, then there may be a weekend. By the time it reaches the officer's desk, it may already be July 1st. Even if it is not, he/she may clear it and put in the line to be approved on day 1.

Are you afraid that they will approve it before July 1 and then you will be in trouble?

My application is right now handled by the local Field Office and my mail is literally to the same city so it will reach the same day through FEDEX for sure as it is literally 25 miles away from my home. But what you say makes sense. May be I will just send them off today and not over analyze it here. Also, good suggestion on sending separate packages for me and my spouse. I guess you say it because there is twice as much chance someone will start the processing as they see that RFE packet come through, right?

[vedu]

My application is right now handled by the local Field Office and my mail is literally to the same city so it will reach the same day through FEDEX for sure as it is literally 25 miles away from my home. But what you say makes sense. May be I will just send them off today and not over analyze it here. Also, good suggestion on sending separate packages for me and my spouse. I guess you say it because there is twice as much chance someone will start the processing as they see that RFE packet come through, right?

Yours is a slightly different situation. I recommend to keep them separate because each RFE comes with some kind of unique barcode. And by keeping them separate, even a dumbest person can't make mistakes. Somebody reported on the forum that they sent two medicals in the same package, USCIS applied one correctly and lost the other one. Now USCIS sent a new RFE for the other medical.

We should make this as foolproof as possible assuming everybody is going to make mistakes. Please don't call me paranoid!

[Zenzone]

Yours is a slightly different situation. I recommend to keep them separate because each RFE comes with some kind of unique barcode. And by keeping them separate, even a dumbest person can't make mistakes. Somebody reported on the forum that they sent two medicals in the same package, USCIS applied one correctly and lost the other one. Now USCIS sent a new RFE for the other medical.

We should make this as foolproof as possible assuming everybody is going to make mistakes. Please don't call me paranoid!

Makes sense. You still recommend sending it right away even though its local FO, right?

[vedu]

Makes sense. You still recommend sending it right away even though its local FO, right?

Well...I am not so sure after all . If you don't want them to accidentally approve it before July 1, then you might as well wait. It's all part of being foolproof. What's a few extra days after waiting for a decade??

[Zenzone]

Well...I am not so sure after all . If you don't want them to accidentally approve it before July 1, then you might as well wait. It's all part of being foolproof. What's a few extra days after waiting for a decade??

Exactly! Its just 4 business days.

[vsivarama]

YTeleven and other experts, does similar advice hold for downgrades also ? I have a Feb 2012 EB2 PD with an old employer. Wondering whether to
1) join old employer ?
2) If joining old employer, go EB2/EB3 route ? EB2 route involves waiting
3) Even if EB2 filing action date moves soon to Feb 2012, will EB3 route get me the GC quicker ? As EB3 Final action date is in 2013.

New company is working on prevailing wage, will file PERM in a few months.
Please advise.

I will give a generalized response to this as it kind of applies to everyone wanting to join an old employer. At this point all the analysis of how do I get the GC quicker may not be as important as getting your foot in the door. GC will come at it's pace, but you can do certain things like sending in medicals along with the application to speed things up.

1) join old employer ?
It depends on your employment situation and where you are at in the PERM processing. If you are confident that PERM will be approved by Oct/Nov then you can wait it out. If not so confident then going back to your old employer makes sense. In case you are still unable to decide, It's best to make sure your old employer will take you back and then keep monitoring the VISA bulletin. The moment you see the next month's dates retrogress you should file your 485 with your old employer.

2) If joining old employer, go EB2/EB3 route ? EB2 route involves waiting.
There are pros/cons to both. As you pointed out EB2 route involves waiting. I believe next year they will move EB2 more aggressively compared to EB3 on a month by month basis. Don't assume though that in EB3 there is no wait. While you wait in EB2 to file your 485, in EB3 you will wait after filing your 485 for your i140 to be approved. so that's that.

3) Even if EB2 filing action date moves soon to Feb 2012, will EB3 route get me the GC quicker ? As EB3 Final action date is in 2013.
Refer point 2. Unless you have an already approved i140 in EB3 it's best to file in EB2. Filing for i140, waiting for receipts and then getting it approved by upgrading to PP may take about good 3 months if you are lucky. There are quite a few folks for whom the PP was denied 3rd or even the 4th time. Do you want to enter this loop?

[newyorker123]

Thanks vsivarama!

My Prevailing wage is going on, so PERM approval might come in a year! So looks like I should at least start exploring the move to the old employer to get the foot in the door.

I was thinking of filing EB3 I140 first using PP, get approved (hopefully) and then file I485.
- If PP is denied and EB2 filing date reaches Feb 2012, then apply using EB2.
- If PP approved, then apply using EB3

This approach though delays the getting foot in the door fast.

[imdeng]

I had a great experience with these guys: https://www.yourmaninindia.com/?module=concierge

I am from a more bribe-me-before-I-talk-to-you part of the country - and don't have local contacts that could help. YMII folks sent an actual person to the municipality office, their fee included the "convenience fee" paid to the local official - and USCIS happily accepted the document that they sent me.

Quick question.....what is the process of getting Non Availability of Birth Certificate document from municipality ...

[korlakunta08]

No need to wait for the RFE document. To save time you should start the booking appointment for medicals immediately. if the RFE is for I-693 then well and good. If the RFE is for something else then also you should submit medicals with this RFE response. Doctor don't need the RFE letter, they just need your credit card info.

I got my RFE document today

[vsivarama]

Thanks vsivarama!

My Prevailing wage is going on, so PERM approval might come in a year! So looks like I should at least start exploring the move to the old employer to get the foot in the door.

I was thinking of filing EB3 I140 first using PP, get approved (hopefully) and then file I485.
- If PP is denied and EB2 filing date reaches Feb 2012, then apply using EB2.
- If PP approved, then apply using EB3

This approach though delays the getting foot in the door fast.

All the best!! Whatever approach you use, just keep monitoring the bulletin so that you can act when the tide turns against you. There could be a retrogression end of 2022. If the numbers are properly utilized, the dates should be current at least for folks before 2013. But as you probably may have learnt US immigration is a roller coaster ride... If you think of 485 as a giant wheel then the 2012 filers were allowed a seat in the giant wheel but then the wheel stopped with them on the top for 9 years. They were not allowed to get off the wheel and we were not allowed to get in.

[oraclept]

need some suggestion. I have filed Eb2/Eb3 downgrade with old employer. EB3 I140 is not yet approved.
my PD 06/10/2011. my new employer is still in process of filing labor.

1. Should I go for premium Eb3-I140 with old employer? I applied on Oct 26,2020
2. Or wait for Eb2 become current? its 10 days away/.. and ask old employer to interfile ?

Attorney is suggesting to not to go for premium .. but file new I1485 Eb2 application instead of interfile from eb3-eb2.

I really appreciate your inputs.

[rsnake]

Well...I am not so sure after all . If you don't want them to accidentally approve it before July 1, then you might as well wait. It's all part of being foolproof. What's a few extra days after waiting for a decade??

The best reason for not submitting it before July 1st is that they may look at it before dates are current and then shelve it for god knows how long because PD isn't current. Early GC is quite unlikely.

[Zenzone]

The best reason for not submitting it before July 1st is that they may look at it before dates are current and then shelve it for god knows how long because PD isn't current. Early GC is quite unlikely.

True that also! Mine is with a Field Office that has pretty decent reputation and hence a bit more optimistic. But you never know!

[MKPD2015]

Nobody is downgrading eb2 to eb3 that is a wrong analogy. It is like one buying both first class and second class ticket for the train. Goal of the passenger is to board the train. He has made himself eligible in both ways. He can decide which class to use.

As per the train management, they will have the number of tickets sold for each class since they don?t know which class passenger is going to choose, it may not be accurate.

But the total passenger count does not change. lol.

[vsivarama]

Hello Sivarama/Idliman/Aceman and other experts,

When people applied for downgrades from Eb2 to Eb3, how does USCIS count these numbers? Do they count the individual in both Eb2 and Eb3? If so, is it not a duplicate ? How will they be able to properly estimate the demand and move the dates if they count each downgrade application twice ?
Please let me know based on your understanding.

My understanding is CO can easily get the count of downgraded applications and subtract that from EB2 numbers. He is most likely going to do it to move the dates. In case he opens the door for more people, he can always retrogress. Here is why I think he is going to do it; when an applicant files 485 then the underlying i140 counts. So if someone downgrades and files for 485, he is essentially asking USCIS to process his application using the EB3 i140. USCIS will not consider EB2 unless the applicant explicitly asks them to use EB2 i140 through interfiling. I believe CO has these scenarios factored in his math.

[vedu]

The best reason for not submitting it before July 1st is that they may look at it before dates are current and then shelve it for god knows how long because PD isn't current. Early GC is quite unlikely.

Possible. But the fact that the field office pulled the case from the shelf before the dates were current probably means they have no intention to shelve it again. Otherwise, they wouldn't have pulled it out considering the dates were not current at that time also.

[rave79]

Hello Experts - My company will be upgrading the I-140 (EB2 to EB3 downgrade filed in Nov 20) to premium processing when the FAD becomes current, which I'm expecting to happen in Aug'21 bulletin. They are charging 1000$ to interfile I-693 medicals along with it which my company will not pay. Do you recommend I bear that expenses and move on?
PS:Neither FP nor BM appointment received medical RFE..GOD knows when.

[MKPD2015]

My understanding is CO can easily get the count of downgraded applications and subtract that from EB2 numbers. He is most likely going to do it to move the dates. In case he opens the door for more people, he can always retrogress. Here is why I think he is going to do it; when an applicant files 485 then the underlying i140 counts. So if someone downgrades and files for 485, he is essentially asking USCIS to process his application using the EB3 i140. USCIS will not consider EB2 unless the applicant explicitly asks them to use EB2 i140 through interfiling. I believe CO has these scenarios factored in his math.

Thank you, Sivarama. That is exactly my understanding as well. Otherwise, if CO does count an applicant in both the categories, then they are estimating the demand incorrectly. Also, I found one post in a telegram group (not able to post it here), once the downgrade is approved, the immigration bureau will delete the earliest(EB2) request category from state department's inventory request file and then will submit a request for new quota in new (EB3) category.
Now, if applicant wants to process his application in EB2, then that is where interfiling comes into picture, where applicant has to send a request specifically to USCIS to consider his application in EB2.

I totally agree with your post above, EB2 may move faster than EB3 (because of additional spillover from EB1, and thus EB2 having more visa numbers) next fiscal.

[LightAtEndOfTunnel]

Hello Experts - My company will be upgrading the I-140 (EB2 to EB3 downgrade filed in Nov 20) to premium processing when the FAD becomes current, which I'm expecting to happen in Aug'21 bulletin. They are charging 1000$ to interfile I-693 medicals along with it which my company will not pay. Do you recommend I bear that expenses and move on?
PS:Neither FP nor BM appointment received medical RFE..GOD knows when.

You don't need a lawyer to interfile I-693, so save yourself $1000. You can do that on your own. Opinions amongst experts are split whether you should interfile I-693 or if you should wait for medical RFE. The problem is that USCIS case tracker or even live agent on EMMA, may inaccurately report that your case is with the service center while it may be sitting at local field office. In that case if you send your interfile request to wrong office it may just get lost in a black-hole. If you haven't gone through bio-metrics yet then there is a good chance that your case file may still be at service center and in that case you can mail your interfile request to service center.

[iamdeb]

am22tech get you that for $30. I didn't try but heard from friends.

https://www.am22tech.com/birth-certi...sa-green-card/

Thanks for the link! in that page where is it mentioned they get it done for $30........Seems like they charge $499 for getting the NABC...

[rave79]

Not sure if I stated the question clearly

'Will filing I-693 medicals expedite the 485 processing when filed together with I-140 PP upgrade by the company lawyers' ?

[iamdeb]

I had a great experience with these guys: https://www.yourmaninindia.com/?module=concierge

I am from a more bribe-me-before-I-talk-to-you part of the country - and don't have local contacts that could help. YMII folks sent an actual person to the municipality office, their fee included the "convenience fee" paid to the local official - and USCIS happily accepted the document that they sent me.

Thanks for the link......do they provide service in cities like Kolkata & Bhubaneswar...

[andhraguy]

Thanks for the link! in that page where is it mentioned they get it done for $30........Seems like they charge $499 for getting the NABC...

Oh. sorry for that, I didn't use it so never looked into this in detail. $500 is not worth it. Pay Rs 5000 to your friend or relative in India they will do it happily.

[gsingh]

Folks , Does anyone know whether EOS EAD and AP are processed together ?
If a SR is raised for Advanced Parole(outside the processing times) and it's approved , will USCIS approve AOS EAD with that ?

Thanks for the feedback.