EB2-3 Predictions (Rather Calculations)

[mr00us]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

[DJ/033110]

Happy Friday folks. Hope everyone is doing well and staying safe. I had recently received an update on Feb 27th about fingerprints relating to my Form I-485 have been applied to my case and same update again on June 8th. Was this a mass update for most folks?
Had received RFE for expired Form I-693 (report of Medical Exam and Vaccination Record) and Outdated Form G-325A (Biographic Information Sheet) back in 2018 and responded to them and sent the Medicals Jan 2019. Should I expect to receive another RFE because it has been past 2 years after the last medicals?
My PD is March 31st, 2010 and have been current since April bulletin.

[andhraguy]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

At this time i would go with option 2) stays in your queue and apply I-140 PP. Adding a new application will put you back to square one.

[mr00us]

Makes sense. I am reading mixed reviews about interfiling, even from lawyers. Anyone who have had success or failure can only shed clear light on interfiling.

Gosh!!!! So frustrating!!

[tough6guy]

At this time i would go with option 2) stays in your queue and apply I-140 PP. Adding a new application will put you back to square one.

I am in a similar situation. But my company is not allowing premium upgrades (even with my $). And my date of March 2012 will probably be current around October. Attorney says USCIS will auto-magically pickup EB2 140 and process already filed I485 and approve greencard and that there is no need to even interfile. For me it doesn't make sense, but I have no other option. I may have to wait for I140 to be approved in regular processing which may take 1 month or 2 years.
Other option would be go back to previous employer with whom I have eb2 140 approved and apply I485 with him. But I am seeing conflicting statements that prior I485 needs to be withdrawn before a new 485 can be filed.

[Turbulent_Dragonfly]

SRC case processing has now become 20-50 months, just outrageous... NSC is 12-20 months, NBC is 9-33 months

Note: If the ?USCIS Office? is the National Benefits Center (NBC) and you have filed an employment-based or family-based Form I-485, Form N-400, or Form N-600, you should check processing times for your local field office. (from link below)

Info on what these processing times mean: https://egov.uscis.gov/processing-times/more-info

[Kesid23]

Does anyone know when (or at which stage of processing..) exactly the case gets transferred to FO?

Also, I don't think we get a case update notification when the case is transferred to FO, I believe it's only when it's transferred to another SC. Can anyone confirm this?

I am not sure about the right answer to this question but am speaking from personal experience.

My case was transferred to the FO on June 3,2021.

My dates became current in March , 2021.

I would consider that my case was documentarely ready before it was transferred to the FO.
It was transferred after I responded to medical RFE and the biometrics was completed for both me and my dependent.

The transfer was not reflected on my 485 status.

I came to know about it from Emma.

No EAD or GC yet!

[vsivarama]

I have a question.

I am presuming that as time goes by, there will be several folks who would be current in EB2 and EB3 both. The case where you have EB3 down port I-140 stuck in pending (not approved yet) and EB2 dates with approved i-140 becomes current. I am wondering what others are doing in this case.

1-- Interfile so the 485 can be attached to EB2 (some lawyer's fee)
2-- get i-140 in premium processing ($2500)
3-- File a new I-485 ($1440 each + lawyer's fee)

Cheapest would be interfiling but I am reading that it is a iffy process. USCIS ma/may not accept it. If you are in similar situation, please share what you are doing or your lawyers are saying regarding this. My lawyer is close to worth less.

point 1 is not possible. While you can interfile if your i140 is approved. You cannot interfile while i140 is pending. The 485 is in kind of limbo and does not have validity until underlying i140 is approved. If i140 is rejected your 485 is rejected.

[Zenzone]

I am not sure about the right answer to this question but am speaking from personal experience.

My case was transferred to the FO on June 3,2021.

My dates became current in March , 2021.

I would consider that my case was documentarely ready before it was transferred to the FO.
It was transferred after I responded to medical RFE and the biometrics was completed for both me and my dependent.

The transfer was not reflected on my 485 status.

I came to know about it from Emma.

No EAD or GC yet!

From what I have researched, FO are better in processing unless you are in those heavy heavy volume geographies. So good luck! In my case, my medical RFE itself came from the FO and my FAD is current only in July so I see there is some truth about FO's being a bit more pro-active with their pipelines.

[rohanvus]

point 1 is not possible. While you can interfile if your i140 is approved. You cannot interfile while i140 is pending. The 485 is in kind of limbo and does not have validity until underlying i140 is approved. If i140 is rejected your 485 is rejected.

So are you saying we can still file fresh 485 with EB2 approved I-140 even though we have the the EB3 -140 based 485 stuck in downgrade process ?

I am no expert , but having 2 485s wont create a problem ? Incase this works fine am willing to file a fresh 485 (with approved EB2 I-140 ) as i already tried PP for EB3 downgrade but it was rejected by TSC

[GCkaLADDU]

https://www.uscis.gov/sites/default/...s_FY2021Q2.pdf

Only 17K EB cases approved in Q2! Freaking unbelievable!

[newyorker123]

https://www.uscis.gov/sites/default/...s_FY2021Q2.pdf

Only 17K EB cases approved in Q2! Freaking unbelievable!

And 273K pending
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

[android09]

And 273K pending
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

Basically means EAD club is now open for business. Fully expect Biden admin to start charging for renewals.

[Noesis]

And 273K pending
I see almost 10% denials, which is odd too isn't it ? I thought these get almost certainly approved
Approvals Denials
17,896 1,610

Post-thought: The denials are likely in EB1 category (EB1A/EB1B)

A total of 45381 so far.! This is unbelievable; forget the SO, I doubt if they would reach even 140K.!

[Turbulent_Dragonfly]

https://www.uscis.gov/sites/default/...s_FY2020Q4.pdf

It was around 60k at the end of Q2 last year. Really slowed down to 12k in Q3 and then picked back up to 48k for an ~ even 120k at the end. I know Charlie mentioned higher utilization percentages so where is the missing data? From FY2021 sheet it seems like they approved 28k in the Q1 which may or may not include FY2020 visas that were approved in Oct 2020.

[abcx13]

Q2 last year was also the thick of Covid for the last month at least.

[txsguy]

Explanation by another lawyer on low visa usage
https://twitter.com/wstock215/status...05933962039298

"USCIS actually isn't allowed to adjudicate those cases before the start of the 4th quarter (7/1), because until the 4th quarter, law requires visa numbers to be kept available worldwide, and not given to oversubscribed countries"

[rocketfast]

A total of 45381 so far.! This is unbelievable; forget the SO, I doubt if they would reach even 140K.!

For the first 2 quarters, the total trackitt tracker approval for I-485 was 439. Right now, it is 925. So 3rd quarter performance was comparatively better. The trackitt multiplication factor continues to follow last year's trend. If I had to guess, they would have approved around 100k by end of June.

[rave79]

Basically means EAD club is now open for business. Fully expect Biden admin to start charging for renewals.

Looks like they want to milk from I-485 EAD+AP premium processing for the next few years by draining the spillover..!!

[3nov10]

Hi Idli, Vedu and Gurus.

My Perm is approved today (July 2020 audit case). I am going to apply for I 140 and port my date (Nov 3 2010), What's your advice go with EB2 or EB3.

I always wanted to file I 485, I-765 and I-131 myself. I am on this forum for a long time and did my research, I am confident I can get it all done.

Company lawyer wants all in one package if I want to file concurrent.

Question is should I file I -140 in premium and do rest of it myself once it is done.

Or should I just go with lawyer for everything, and get AC21 protection as soon as I can. (No plans to change job voluntarily and H1B is valid till sep 2023)

If I go with lawyer, does it even make any sense to go I-140 premium as I-485 will not move till finger prints anyways. So few months wait either way (and god knows how long after that).

Money is not a criteria, I just don't want to give anymore to lawyer, I would rather donate.

[vedu]

Hi Idli, Vedu and Gurus.

My Perm is approved today (July 2020 audit case). I am going to apply for I 140 and port my date (Nov 3 2010), What's your advice go with EB2 or EB3.

I always wanted to file I 485, I-765 and I-131 myself. I am on this forum for a long time and did my research, I am confident I can get it all done.

Company lawyer wants all in one package if I want to file concurrent.

Question is should I file I -140 in premium and do rest of it myself once it is done.

Or should I just go with lawyer for everything, and get AC21 protection as soon as I can. (No plans to change job voluntarily and H1B is valid till sep 2023)

If I go with lawyer, does it even make any sense to go I-140 premium as I-485 will not move till finger prints anyways. So few months wait either way (and god knows how long after that).

Money is not a criteria, I just don't want to give anymore to lawyer, I would rather donate.

Congratulations on your PERM approval. My recommendation is to send the complete package (I140+I485+I765+I131+Medicals+I485J if necessary). And I also recommend filing I 140 in premium. That is the fastest way to get your green card approved. You can also get AC21 protection as soon as you can, and once this package reaches USCIS, you can just relax. There will be no more documentation after that.

As much as I hate lawyers, I am not sure whether you should do it yourself or involve your lawyer. If you are fully confident of your ability to complete all these forms accurately, then go do it yourself. The most important benefit of you doing it yourself is you will be in complete control of your destiny. USCIS will directly communicate with you and you can do it without wasting any time in the process. But if you are not confident of your ability to manage this paperwork, then go with the lawyer. Don't take chances. I am sure his paralegal will make some mistakes as they always do...but hey..at least the lawyer has a degree in law!

I will tell you my experience with lawyer vs no lawyer. All my H1B's were done through the lawyer sponsored by my employer, and everytime it was pain to get them to act fast on my case. They would waste so much time, make simple mistakes in the paperwork, wait until very late (not deliberately) to file my application. On the other hand, when it came to EAD/AP combo card, I used to do everything myself, without a single mistake, for free, and exactly six months before my current EAD/AP was about to expire. It was such a pleasure and hassle-free experience because I was in full control of my destiny!

All the best for your next step!

[rave79]

AFAIK only your employer can file I-140? the rest of the things yes may be by yourself

[vedu]

AFAIK only your employer can file I-140? the rest of the things yes may be by yourself

Yes, but employer and OP can do it by themselves without the lawyer if his employer agrees.

[Djidondon]

Explanation by another lawyer on low visa usage
https://twitter.com/wstock215/status...05933962039298

"USCIS actually isn't allowed to adjudicate those cases before the start of the 4th quarter (7/1), because until the 4th quarter, law requires visa numbers to be kept available worldwide, and not given to oversubscribed countries"

How true is this information from the attorney ? Is there any source that we can check on the same ?

[nbk1976]

How true is this information from the attorney ? Is there any source that we can check on the same ?

USCIS doesn't determine visa numbers for countries or who should get how many; DOS does that. This attorney might be referring to some internal CIS operational rule (which could be challenged, if true).

How does this explain many March and April 2010 PD folks getting approvals? I think this is not true.