EB2-3 Predictions (Rather Calculations)

[delguy]

For those who received the green card, did you alao receive i485 approval notice? Does that arrive before the card? In my case my card is shown to arrive thos week but no i485 apprival notice yet (online status shows approved).

The approval notice should take around 4-7 days. The card should also take around a week or two. They can come in any order though as both comes from different offices and almost sent in parallel.

[delguy]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

All this plus some of the FOs were working overtime to issue EB GCs and also prioritized them in order to meet Sept 30th deadline. Most likely they will prioritize other applications now as there wont be any looming deadline.

[prepleo]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

Don't beat yourself up for not submitting in OCT 2020. From what I know so far, most of the EB3-I downgrades in 2020 went to Texas and no one has come out the other side with 485 approval yet. I don't know your specific case but we have a dozen folks in my office with downgrade petitions application dates in OCT and NOV 2020. Most of them just got finger printing done in July/August. There were folks with a 2013 PD EB3 straight within a few days/weeks of FAD becoming current. It is stressful to see other folks getting ahead of you. You did what you can (premium processed I-140) and now there is nothing much you can do.

[bones20]

The approval notice should take around 4-7 days. The card should also take around a week or two. They can come in any order though as both comes from different offices and almost sent in parallel.

thank you!

[bones20]

Question related to H4:
1. My wife's green card is now approved while here H4 is still pending. Are we required to withdraw the pending application to not extend her H4 status?

[aGCHopefull]

I have the same question. I assume with new fiscal, and based on the 7% country cap kicking in, the approval numbers would be low; how we saw this year or earlier years. There will definitely be approvals in First, Second and Third quarters but at low pace. I am current Since July 1st and documentarily complete application but I have no hope now to get GC this fiscal (I blame myself for not filing AOS in October, smh) I am crossing my fingers for at least First Quarter.

No need to regret on this... there are still lot of early October filers with PD 2010 and still waiting for action. I am one of them too. I believe there is bit luck factor here too - whose file gets picked and being actively worked on.

[Noesis]

Don't beat yourself up for not submitting in OCT 2020. From what I know so far, most of the EB3-I downgrades in 2020 went to Texas and no one has come out the other side with 485 approval yet. I don't know your specific case but we have a dozen folks in my office with downgrade petitions application dates in OCT and NOV 2020. Most of them just got finger printing done in July/August. There were folks with a 2013 PD EB3 straight within a few days/weeks of FAD becoming current. It is stressful to see other folks getting ahead of you. You did what you can (premium processed I-140) and now there is nothing much you can do.

Thank you; agree. My case is at NSC, did Biometrics in May. Nothing much I can do except hoping for this eternal wait to get over.

[Noesis]

No need to regret on this... there are still lot of early October filers with PD 2010 and still waiting for action. I am one of them too. I believe there is bit luck factor here too - whose file gets picked and being actively worked on.

2009/2010 filers still waiting is a sin for uscis; shame that they will let tens of thousands of Visas go waste; for them its a number; they don't see that there is a life behind every number.! Wish you good luck for getting greened soon.

[sling10]

Any one here who will be current for the first time in October 2021 ready to mail their 485 package on the 30th September ?

[filter0607]

I am still awaiting for my attorney (Murthy law firm) to confirm that package is ready.

[freedomseeker]

Thanks freedom

However , from CBP website they clearly mention that they can only correct errors at the time of entry . Below is what they mention in their website
"The Deferred Inspection Sites will only correct errors made at the time of entry. You must contact U.S. Citizenship and Immigration Services (USCIS) if you wish to: replace a lost, stolen, or mutilated Crewman's Landing Permit, CBP Form I-95; apply to extend your stay in the United States; or, change your immigration status. Specific information can be found on the USCIS website."

In this case CBP did not make an error during entry in May 2019 . Also very likely it was not USCIS who made the error but the lawyer when applying H1 in Dec 2019.
I have heard people being turned down by CBP when they see it was not their default at time of entry.

Do you think doing an infopass appointment with USCIS can help sort this out ?
I am mainly concerned about 485 as i was about to file and just landed up discovering this i94 discrepancy :-(

My PD is current since 09/01 of this year and in my case, I had a different type of I-94 issue which is not for me, but for my daughter, which I found it in the end of this August after I started preparing for the I-485 documents for me and my family. It was a stressful situation and with all kind of phone calls and web research, I was able to pull it out, of-course added with one kind-hearted CBP agent's help.

In your case, I will first request you to reach out to your nearest local Deferred Inspection Office and check if it is possible to get that sorted out. Should your I-94 issue be related to expiry and you found that out after it is expired, the context would be totally different. However in your case, it is the I-94 number which the Deferred Inspection should be able to fix it on their own. Given the fact that the I-94 is fully online, the CBP Deferred Inspection Office should be able to pull out your latest I-94 arrival and get that corrected online. Call them up, explain your situation and ask for help.

I am a frequent visitor of this website and this forum as well through which I have got wealth of the knowledge the experts pour in here, did not check this forum yesterday due to other activities and just happened to check it now. I will write about the I-94 issues I experienced for my daughter tomorrow or so with all details, despite that is irrelevant to the issue you are facing so that any others who could face the issue I faced can get that knowledge on what to do in such situations. Do not lose hope, reach out to your nearest local CBP Deferred Inspection Office and find out, they should get you a direction on what to do and how to proceed further. Please let me know how that turns out. I will check back on your response.

Thank you!

[rohanvus]

My PD is current since 09/01 of this year and in my case, I had a different type of I-94 issue which is not for me, but for my daughter, which I found it in the end of this August after I started preparing for the I-485 documents for me and my family. It was a stressful situation and with all kind of phone calls and web research, I was able to pull it out, of-course added with one kind-hearted CBP agent's help.

In your case, I will first request you to reach out to your nearest local Deferred Inspection Office and check if it is possible to get that sorted out. Should your I-94 issue be related to expiry and you found that out after it is expired, the context would be totally different. However in your case, it is the I-94 number which the Deferred Inspection should be able to fix it on their own. Given the fact that the I-94 is fully online, the CBP Deferred Inspection Office should be able to pull out your latest I-94 arrival and get that corrected online. Call them up, explain your situation and ask for help.

I am a frequent visitor of this website and this forum as well through which I have got wealth of the knowledge the experts pour in here, did not check this forum yesterday due to other activities and just happened to check it now. I will write about the I-94 issues I experienced for my daughter tomorrow or so with all details, despite that is irrelevant to the issue you are facing so that any others who could face the issue I faced can get that knowledge on what to do in such situations. Do not lose hope, reach out to your nearest local CBP Deferred Inspection Office and find out, they should get you a direction on what to do and how to proceed further. Please let me know how that turns out. I will check back on your response.

Thank you!

Freedom,
My wife had paid consultation with Murthy Firm and learnt that I am not out of status and we are good . Having a old i94 number is not an issue because the last action rule and the dates on I-94 are important .
The attorney did say if on i94 , expiry dates , name, classification ,etc are incorrect then you must correct them but just having a old i94 number (issued by USCIS after last arrival into US but with new validity period ) is not an issue . So ,legally speaking am good for 485 filing

But as you said , please share i94 issue that you went through for benefit of users on this forum .

Thanks for the help

[amey111]

Hello all, could someone please help by directing me to the thread/discussion for EAD/AP renewal steps.

Thank you.

[newyorker123]

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

[namits]

Looming government shutdown - I guess USCIS will stop processing green cards, EAD, etc from 10/1 if a deal is not reached by Thursday 9/30 midnight?

[rsnake]

Urgent queries:

1. Do I need a lawyer to file I-485 ? Or can I file it myself ?
2. Is it preferable to use the same lawyer who did the PERM/I140 ? That lawyer firm is very slow, and is not even guaranteeing that their firm can file I-485 by October end !
3. Should I send I-693 Medicals along with the application ?

Priority Date: Jan 2012 EB2

1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.

[rsnake]

Looming government shutdown - I guess USCIS will stop processing green cards, EAD, etc from 10/1 if a deal is not reached by Thursday 9/30 midnight?

USCIS is funded by user fees and not government budget so it may not happen. State department on the other hand might get affected, so anything to do with consulates or embassies or NVC.

[newyorker123]

1. You don't need a lawyer but I'd recommend it. There are some small gotchas that can trip up people, so unless you're a very meticulous and careful person I'd hire a good lawyer. It all depends on how much effort you're willing to put up and how much research you are prepared to do while filing.

2. Since you will be filing with an already approved I-140 and not downgrading, it doesn't really matter since all you need is the I-140 copy. You can file with another competent and fast attorney.

3. YES. What is the reason for even thinking about not sending medicals with the application? The last year has taught us that everyone should file with medicals, interfiling worked only 50-50, and there were a lot of RFE and RFE response delays.

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

[rsnake]

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

1 - It's really hard to predict, last year was weird in the sense that people who sent their applications during Oct 20 to 24th appear to have gotten processed faster than people filing in the first half. In general earlier is better but not a deal breaker. It will help get biometrics/EAD and AP faster. There is also a very small risk that USCIS will rollback the dates mid month, but that has happened only 1 or 2 times ever. Also normally the dates are current and USCIS accepts filings till Dec, but again, it's up to the level of risk you want to take. Several people who filed in Nov and Dec last year already got their GC including me who applied on 12/30/2020.

2 - It's better to find a local lawyer so you can visit them in person if needed.

[AceMan]

Thank you! Couple of follow-up questions:

1- Does it matter if the filing reaches as soon as possible in October ? Is October 1st much better than end of October ?
2- Please let me know if someone knows a fast and competent attorney for I-485.

It should not matter much for October 2021 since the filing dates advanced 10 months only for Eb2 from September 2011 to July 2012. There is no mad rush like a year back.

[bangaloreboy]

Question related to H4:
1. My wife's green card is now approved while here H4 is still pending. Are we required to withdraw the pending application to not extend her H4 status?

Hello Bones, you are not required to do anything since the applicant is a green card holder now

[newyorker123]

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

[freedomseeker]

Freedom,
My wife had paid consultation with Murthy Firm and learnt that I am not out of status and we are good . Having a old i94 number is not an issue because the last action rule and the dates on I-94 are important .
The attorney did say if on i94 , expiry dates , name, classification ,etc are incorrect then you must correct them but just having a old i94 number (issued by USCIS after last arrival into US but with new validity period ) is not an issue . So ,legally speaking am good for 485 filing

But as you said , please share i94 issue that you went through for benefit of users on this forum .

Thanks for the help

rohannvus,

That's good news. Glad that you got it cleared.

Moderators/Admins,

Can you please move these messages exchanged on the I-94 issues to a separate thread related to I-94 so that it could be easy enough for the users to find the right thread they are looking for when they need to?

Thank you!

[delguy]

Is filing multiple Supplement J ok ?
If I file I485 with Supplement J today, 6 months down the line - If I change jobs, can I file a new Supplement J and use portability ?
I am guessing this should be doable, but just wanted to confirm.

Yes, with initial filing you have to send 485J and after that whenever you change a job, you must send another 485J each time.

[ImmiGiveMe]

Last day of FY21 and its not a Friday (hopefully less slacking) and wish lot of case status changes today!!!.. good luck to all!!