EB2-3 Predictions (Rather Calculations)

[Zenzone]

I keep seeing this - that there will be no retrogression: Is this about the Final Action Date ? So, is it almost certain that EB3 Final Action Date will remain in 2013 ?

My priority date is Feb 2012, wondering whether EB2 Final Action Date will ever reach here. Any thoughts ?

My comment is about the Final Action Date.

[Zenzone]

It's not so much about priority date reaching there but it's more about USCIS' ability get through all the cases in time (I am talking about FY-2022, I have already given up hopes for FY-2021). There are tens of thousands of folks who are current since April/May,2020 but haven't seen much progress on their file.

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability. I also see as far as FO processing goes your geography makes a difference too. Just my reflections from this journey here since last October.

[drop2ocean]

Just got I485J - Receipt Notice Fee Waived in mail. #MSC212595XXXX. My wife and I did the FP on April 29th. we did not send medicals in Oct 2020. Any ideas how far we are from RFE for medicals ?

[A0000Z]

Gurus, Is there any possibility for EB3 Filling dates to reach 2016 in Oct 2021?

[srimurthy]

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability.

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD atleast can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

[Zenzone]

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD at least can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

See if you can request to expedite the EAD/AP processing. But that should have no bearing on your GC adjudication as such which I think could be imminent.

[Turbulent_Dragonfly]

To anyone who is filing now, I would recommend filing I-693 right away while filing so that you take that RFE cycle time out of question and do everything that's possibly within your control to make your case "documentarily complete" as soon as you can. You are still at the mercy of USCIS to issue your receipt notices, schedule and send your biometrics appointments and that would literally make you documentarily complete. I continue to see cases that have been documentarily complete getting adjudicated with some predictability. I also see as far as FO processing goes your geography makes a difference too. Just my reflections from this journey here since last October.

I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.

[Turbulent_Dragonfly]

ZenZone -
I have PD of Sep/2010 and applied for 485, EAD, AP and Medicals all in Oct, with a RD of Oct/21/20, Notice Date of 11/27/20, Bio Metrics done on 03/27/21 and current from 06/01 for all primary and dependents.
Is there any chance of getting EAD's or we just wait till the final approval? Dependent is going for a full time and we are getting a little cold feet as they would prefer a GC and this seems to be going on forever and I was thinking if we get a EAD atleast can inform that the Card may be coming down the line in a few months. She obviously has the H4EAD but HR may be a little skeptical on that.

Are you assuming that the HR will be skeptical of the H4 EAD or did they express that? There is literally no difference in the work authorization afforded by either so you should not even need to mention how the benefit came about. Of course if it's a desi employer, they might make a deal out of it. Also if you get I-485 EAD, you will only initially get it for 1 year unless it's provided for two based on the new rules.

[srimurthy]

Are you assuming that the HR will be skeptical of the H4 EAD or did they express that? There is literally no difference in the work authorization afforded by either so you should not even need to mention how the benefit came about. Of course if it's a desi employer, they might make a deal out of it. Also if you get I-485 EAD, you will only initially get it for 1 year unless it's provided for two based on the new rules.

She is currently using H4EAD but when going for a bigger firm for full time, some internal managers did have that hesitation for H4EADs and regular EADs. Not a desi employer for sure, so we will see how it goes if we don't get the EAD or GC by that time.

[Jonty Rhodes]

Jonty - not really an expert on this topic. But if I were you I would go with the lawyer's advice in this case.

IMHO your card is just around the corner. Good luck.

Thanks, Q. I appreciate your input.

[Positive]

I just saw that case inqiry date for pending EB3 I-140 at TSC is Oct. 26, 2020.Has anyone with downgrades filed under regular processing gottent their I-140 approved?

[Turbulent_Dragonfly]

I just saw that case inqiry date for pending EB3 I-140 at TSC is Oct. 26, 2020.Has anyone with downgrades filed under regular processing gottent their I-140 approved?

Even I-765 times are now Nov 2020 for NSC and Aug 2020 for NBC. Maybe hopeful signs that they are catching up.

[KB8765]

Need advise from experts.

My PD March 2011, and submitted I485 with medicals in October which attorney submitted towards October end. Biometrics completed in April. Now I come to know that attorney did not submit my I-485J for whatever reason even when i sent back them the signed form. What options do I have now as my PD will be current in July? Can I interfile I485J or wait for RFE ? Thank You

[Positive]

Even I-765 times are now Nov 2020 for NSC and Aug 2020 for NBC. Maybe hopeful signs that they are catching up.

On the other hand I-485 processing times at TSC have been revised to show inquiry dates in 2017! The range provided for eb is 26.5 to 44.5 months. Given those processing times, what does the statutory language of "immediately available" visa numbers for eligibilty for filing of I-1485 even mean? People who have not been able to file I-485 should be a filing a suit based on just the processing times. With those processing times and the number of visas that currently continue to be available, EVERYONE should be able to file.

[nbk1976]

Need advise from experts.

My PD March 2011, and submitted I485 with medicals in October which attorney submitted towards October end. Biometrics completed in April. Now I come to know that attorney did not submit my I-485J for whatever reason even when i sent back them the signed form. What options do I have now as my PD will be current in July? Can I interfile I485J or wait for RFE ? Thank You

Wait for the RFE. They might not even RFE you for supp-J because your 485 is fairly recent. My attorney was of the opinion that we should not send them anything unless asked or required by law/rules.

[KB8765]

Wait for the RFE. They might not even RFE you for supp-J because your 485 is fairly recent. My attorney was of the opinion that we should not send them anything unless asked or required by law/rules.

Thank You for your suggestion. Really appreciate it.

[rsnake]

On the other hand I-485 processing times at TSC have been revised to show inquiry dates in 2017! The range provided for eb is 26.5 to 44.5 months. Given those processing times, what does the statutory language of "immediately available" visa numbers for eligibilty for filing of I-1485 even mean? People who have not been able to file I-485 should be a filing a suit based on just the processing times. With those processing times and the number of visas that currently continue to be available, EVERYONE should be able to file.

Isn't that exactly what Charlie did in 2008, making India current in the VB to generate demand after getting frustrated at slow pace of USCIS.

Edit: So apparently back then Charlie made all the dates current for EB on the 13th or 14th of June for July VB. USCIS did not want to honor those dates and receive the flood of new applications so they immediately started approving a large amount of pending 485s in those remaining 17 days in June, and then asked the state department to change the VB because many numbers were now used up and no longer available, and they did on July 1. The protest over wasted money and effort went to Congress etc. and they forced USCIS on 16th to accept applications for a month till Aug 16th.

[Positive]

Isn't that exactly what Charlie did in 2008, making India current in the VB to generate demand after getting frustrated at slow pace of USCIS.

Edit: So apparently back then Charlie made all the dates current for EB on the 13th or 14th of June for July VB. USCIS did not want to honor those dates and receive the flood of new applications so they immediately started approving a large amount of pending 485s in those remaining 17 days in June, and then asked the state department to change the VB because many numbers were now used up and no longer available, and they did on July 1. The protest over wasted money and effort went to Congress etc. and they forced USCIS on 16th to accept applications for a month till Aug 16th.

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long as vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the backlog, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required to do by law, expecting to get legislative or executive action is foolhardy.

[Zenzone]

I submitted everything including medicals on Oct 8 and to NBC and still waiting. At least my file had moved to the field office but there is no update online and I had to confirm that with Emma. Looking the burn down of GC approvals on the Telegram images, it seems like they have a ways to go before they reach my case.

Yes. I think every FO is a different beast of its own. Experiences may greatly vary as a result. Good Luck and hope you get greened soon!

[kuku82]

Yes. I think every FO is a different beast of its own. Experiences may greatly vary as a result. Good Luck and hope you get greened soon!

Hi Zenzone, if comfortable, can you share which field office your application was processed at? I'm in a similar boat expecting rfe response to go out anytime this week.

[A0000Z]

Experts, Is there any possibility for the EB3-I fillings dates to reach 2016 in Oct 2021?

[A0000Z]

Gurus, Is there any possibility for the EB3-I filling dates to reach 2016 in Oct 2021 bulletin?

[srimurthy]

Exactly. Unfortunately, USCIS seems to have co-opted Chrlie now and he is busy defending and justifying their failures rather than forcing their hand. I think forcing USCIS to accept all applications by everyone as long vast numbers of visas continue to be available is the only way to force them to use up those visas. If Charlie doesn't do it, which he should as per the law, then USCIS should be forced via litigation. There is a backlogged indian community with priority dates from 2015-2021 who would never see a green card, or even EAD/AP in many cases, in their lifetime if the current pandemic windfall of visas is allowed to be wasted. Somehow, the backlogged indian community has decided to put all their eggs in the basket of that mirage -country cap removal via legislation -while passively watching USCIS waste enough visas to wipe out a substantial portion of the legilation, visas that are available under current law without any legilative or executive action. If we cannot even get an agency to do what it is required by law to do, expecting to get legislative or executive action is a foolhardy.

as shared there is no law that all the available GC numbers should be used and allocated in a year, so we can't sue on that aspect. Not sure why all groups that were trying to get the bills passed or lobby like IV and others why are try silent and not putting some pressure and following up to see that the numbers get used and allocated when we have the abundance. Not sure why everyone is so quite on that aspect.

[PDAUG2011]

Copying a msg from another thread (Dilemma or Conundrum of I693 Medical with 485 or after 485 filing) and hoping to get a response here:

As I mentioned in my above post, my lawyer interfiled my medicals. They sent it to Chicago Lock Box and based on FedEx receipt, the Lock Box received it on 06/09. However I was informed by a live agent on 06/28 that they have mailed an RFE on 06/25. My 485J got approved on 06/28 and I have not received the RFE yet. Assuming that it is for medicals (I can't think about anything else - please share if anyone else has an idea about other possibilities), what are my options?

[Zenzone]

Copying a msg from another thread (Dilemma or Conundrum of I693 Medical with 485 or after 485 filing) and hoping to get a response here:

As I mentioned in my above post, my lawyer interfiled my medicals. They sent it to Chicago Lock Box and based on FedEx receipt, the Lock Box received it on 06/09. However I was informed by a live agent on 06/28 that they have mailed an RFE on 06/25. My 485J got approved on 06/28 and I have not received the RFE yet. Assuming that it is for medicals (I can't think about anything else - please share if anyone else has an idea about other possibilities), what are my options?

Its likely for Medicals especially given your Form-J is now approved.