I485 Information, details and scenario playout

[Zenzone]

@Zenzone - We don't have to stick to the current employer for *another* 6 months after getting green card. Good point to know. Thanks for sharing. ��

Its a grey area and you use your discretion but others I know personally who have done it have been usually okay.

[andhraguy]

Its a grey area and you use your discretion but others I know personally who have done it have been usually okay.

Yes I can understand.

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[qriousjunta]

You filed last Oct. If there were any administrative errors by previous attorney, your case would already have been rejected after initial receipt. In fact you even have your EAD in hand! You are a free agent now and all that you should be needing to do is filing I-485J if you want to move to a new employer. The attorneys will anyway just file a new G-28 and further communication will come to them and not the old attorneys. The only extreme case is if your previous I-140 is revoked for fraud or misrepresentation the chances of which are remote not knowing the company you work for. Just FYI, if the underlying I-140 is revoked, the I-485/I-131/I-765 are all void.

Very true!!! Thanks for explaining this scenario. I agree and looks like if there were any documents missing or invalid in I-131 & I-765 could have known by now.
But I-485 and I-485J filed together are still pending and who knows whats in the hidden twist in those cases.

Also you making a good point as reminder that I-485/I-131/I-765 all are based on I-140.

All these makes one think it is safe to stay in H1B ( if possible with the same filing employer) with these FAD movements and not to take a chance.

[EB22010Dec]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?

[Turbulent_Dragonfly]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?

Yes but you will need some work authorization to do that. So either a H1 or EAD.

[donkeykong]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,

[vsivarama]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,

Always file your EAD preferably 180 days in advance (You can do it on your own). There is zero fee. In case they approve your GC they will deny your EAD. Best case they will not even bother looking into your EAD case. Worst case, you have a total 1 year to get your EAD renewal, if your GC is not approved by then.

[EB22010Dec]

Yes but you will need some work authorization to do that. So either a H1 or EAD.

So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

[vsivarama]

So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

You will need to apply for H1 transfer + file 485 Sup J. If you have approved EAD then you need to just file the Sup J. Sup J is not your work authorization.

[gammaray]

So if I have H1B with my Current Employer and Unapproved EAD, I can still apply SupJ and start working without transferring my H1 to the new employer ?

Umm, no. On what basis would you work with the new employer? You need a work authorization document (EAD or H1). EAD allows you to work for any employer. H1 is employer specific, which means can't join another employer without the transfer process.

H1 and I-485/EAD are two separate tracks, and have their own rules which need to be met depending on what is being used.

SuppJ is just to keep the previously filed I-485 active/valid. Nothing to do with work authorization.

[idliman]

Hello Gurus,
Need some advise on our case.
PD March, 2011. EAD 1/5/21 -- valid for 1 year.
We are responding to Medical RFE currently. Does it make sense to also file EAD renewal? My concern is the excessive wait times @USCIS and don't want to be caught in a situation where the GC is not in hand after end of this year.

Thanks,

File for renewal 6 months before expiry date. Please read https://www.qesehmk.org/forums/showt...-Sample-format

[idliman]

Question:

While I am waiting for my 485 to get approved, if it passes 6 months, can I start working for another employer using Sup J ?

Filing I-485 gives you a backup status of "AOS Pending". It does not allow you to travel outside country. For that you need AP. AOS Pending does not allow you to work in USA. For work authorization you need EAD. A pending AOS application makes you eligible for applying to EAD/AP. You still need to apply and get these documents approved. Basically after filing for AOS, you will not go out of status even if your H1B is denied or expired. It just gives you breathing space to get work authorization. Crossing 180 days after filing I-485, makes you eligible for AC21 job portability provision. You don't need to go through PERM/I-140 when you change employers provided your new job is same or similar classification. I advise you to read the following threads.

https://www.qesehmk.org/forums/showt...d-opportunites

https://www.qesehmk.org/forums/showt...-Sample-format

https://www.qesehmk.org/forums/showt...avel-on-EAD-AP

H1-B is dual intent which means you can choose to keep H1-B after filing AOS in parallel. The requirements of H1-B does not change because you filed AOS. However, if you use EAD for work then H1-B gets cancelled. There is a separate thread with some caveats on this topic.

[idliman]

Hello Friends , Good there are some getting updates with their cases.

My situation is this with below timeline, need help to make decision : I have a job offer which I successfully deferred for 3 months till now.

EB2-I PD : June 2010
Received Date of I-485, I-765, I-131 : 16 October 2020
Notice Date of I-485, I-765, I-131 : 11 November 2020
Bio-Metric / Finger Printing Date : 24 March 2021
I-485 Fee Waived : 30 May 2021
Expedited Request for I-765 : 1 June 2021
Approved Expedited Request for I-765 : 20 June 2021
EAD/AP Combo Card Received : 25 June 2021
RFE for Medicals : Waiting
I-485 Approval: Waiting

Gurus : qesehmk , idliman other yoda's suggest please.
I need help making decision , should I wait or take the new job offer with "similar but different title" , "near by city" , "same SOC code" ?

Your PD is not expected to retrogress. If your job offer is good, you can move. But make sure that you stay with your I-485 Supp J company for atleast 6 months after getting GC.

The criteria for I-485 Supp J "same or similar classification" are very loose. Work with the attorney of new company to file I-485 Supp J as soon as you join new company. They can also file I-485 Supp J before you join too as GC is for future job.

GC is for a future job. In my book, you need to have a valid I-485 Supp J before a GC is approved. I don't agree that you should wait for a I-485 Supp J RFE or NOID before sending I-485 Supp J. GC is given based on a contract between you and the company offering you a FT job. You agree to work there for a "reasonable" time after getting GC. If you move immediately after getting GC, technically USCIS can come after you and deny you citizenship (if you care for it).

[qriousjunta]

Your PD is not expected to retrogress. If your job offer is good, you can move. But make sure that you stay with your I-485 Supp J company for atleast 6 months after getting GC.

The criteria for I-485 Supp J "same or similar classification" are very loose. Work with the attorney of new company to file I-485 Supp J as soon as you join new company. They can also file I-485 Supp J before you join too as GC is for future job.

GC is for a future job. In my book, you need to have a valid I-485 Supp J before a GC is approved. I don't agree that you should wait for a I-485 Supp J RFE or NOID before sending I-485 Supp J. GC is given based on a contract between you and the company offering you a FT job. You agree to work there for a "reasonable" time after getting GC. If you move immediately after getting GC, technically USCIS can come after you and deny you citizenship (if you care for it).

Thanks again for writing @idliman.
Hope!! My PD June 2010 would not retrogress :fingerscrossed.
Agree!! Better to check if the offer is worth it.
It is a good to know that I485-J can be filed even before joining a job. It makes sense and logically i can understand it.
And finally that 6 month or 60 days or 6 days rule after getting green card being checked during naturalization is a big question.

[Immig7]

I have been posting replies on this thread since yesterday, but none of them show up. Qsehmk can you please let me know if the moderators are still reviewing?

[sudebusa]

@PDAUG2011 Could you please share a little more details such as which service center and did you do EB2 to EB3 downgrade?

My PD is Sep 2011; did downgrade to EB3, applied I-485 in Oct-2020, FP is done, I-140 has been approved in early June-2021 after upgrading to PP. I am asking because my FO is also Chicago and per my last interaction with Live Agent, my application is still sitting with SRC (TX).

Thanks.

[oraclept]

I am looking at i140 at Texas processing center. It says Nov 1, 2020 for E31, E32.
Does it mean anyone applied prior to Nov1,2020 have there case approved or actively worked up on and we hear about it next few days.?

[rohanvus]

I am looking at i140 at Texas processing center. It says Nov 1, 2020 for E31, E32.
Does it mean anyone applied prior to Nov1,2020 have there case approved or actively worked up on and we hear about it next few days.?

No idea . I have PD Dec 2,2011( Receipt Date of Oct 29,2020) but no updates so far . I have guys from Oct 20,2020 not having any single update whatsover .
It seems the the counter on USCIS site is running via a bot - It increases by 1 every day (including weekends), so you can imagine how much to take it at face value

[rave79]

No idea . I have PD Dec 2,2011( Receipt Date of Oct 29,2020) but no updates so far . I have guys from Oct 20,2020 not having any single update whatsover .
It seems the the counter on USCIS site is running via a bot - It increases by 1 every day (including weekends), so you can imagine how much to take it at face value

I filed for EB2 I-140 at SRC last August and still no update, this was a month before that Oct'20 hullabaloo started but still no update :-(

[mmax123]

Hello Experts,

I would very much appreciate your opinion on my situation. I was employed with Employer A and have a EB2-I PD of March 2013. I move jobs in early 2020. My new Employer B applied for EB2 PERM in early FEB 2021. Based on the DOL processing times, if there is no random audit, I am expecting the PERM to get approved in the next month or so.

I am wondering what is the best strategy for me (EB2 vs EB3). Based on latest "Chat with Charlie" and expected visa wastage, I feel that there is a good possibility that EB2-I FAD may not get current before September 2022, even if DOF becomes current in October 2021. I feel EB3 might be the best bet.

I am thinking of the below options:
1. File EB2 I140 in premium. After approval, file EB3 I140 in premium. Wait for approval before taking next action.
2. File both EB2 I140 and EB3 I140 in premium simultaneously. Wait for approval before taking next action.
3. Go ahead with full EB3 application (I140 + 485 + PD/AP/medical/etc). Upgrade to premium as soon as possible.

What would be your recommendation? Follow one of the above options, or something else? Money is no concern and I expect my employer to support me with the best possible option.

Also, a couple of questions:
Q1. Since this is a new PERM, "original PERM" will be available. Is it possible to directly file EB3 I140 in premium? If it is not possible, and we file in regular & then upgrade to premium, is it usually approved for premium?
Q2. Can I actually file both EB2 I140 and EB3 I140 in premium simultaneously?

Thanks!
MMax

[mmax123]

[EDIT: Deleted duplicate post]

[qesehmk]

I have been posting replies on this thread since yesterday, but none of them show up. Qsehmk can you please let me know if the moderators are still reviewing?

Welcome to the blog and sorry for the delay. I imagine most moderators might be on vacation or more than half have been greened this year so they may not be as much active.

Good luck with your journey. As per your question - a general advice to everybody - it is a good idea to use any category and at least file 485. If 2021 was any indication - I won't carry huge hopes that USCIS will utilize all visas in 2022 either. Second - if and when foreign consulates open - fully expect the dates to retrogress significantly.

[Transformer]

What would be your recommendation? Follow one of the above options, or something else? Money is no concern and I expect my employer to support me with the best possible option.



Also, a couple of questions:
Q1. Since this is a new PERM, "original PERM" will be available. Is it possible to directly file EB3 I140 in premium? If it is not possible, and we file in regular & then upgrade to premium, is it usually approved for premium?
Q2. Can I actually file both EB2 I140 and EB3 I140 in premium simultaneously?

Based on your PD it makes sense to apply 140 in EB3. You can file EB3 140 in PP along with your 485 if your PD is current. Not advisable to apply both in Premium since you have only one original PERM. I don't see any need for you to go EB2 route. Or you can wait until October bulletin and apply 140 in whichever category more favorable to you (may be along with 485).

[mmax123]

Based on your PD it makes sense to apply 140 in EB3. You can file EB3 140 in PP along with your 485 if your PD is current. Not advisable to apply both in Premium since you have only one original PERM. I don't see any need for you to go EB2 route. Or you can wait until October bulletin and apply 140 in whichever category more favorable to you (may be along with 485).

Thanks Transformer.

To clarify, USCIS accepts EB3 I140 with premium processing for EB2 PERM without any issues?

Is it advisable to first get EB3 I140 with PP approved, before filing 485? Or the recommendation would be to concurrent file EB3 I140 in PP + 485?