EB2-3 Predictions (Rather Calculations)

[time2work]

PERM is employer, job description and location specific, and that is the law. So any changes to the three areas require filing a new PERM. As long as you intend to, and do return to the job location/description that is on the PERM after the gc then its okay. The lawyer can't object to it as long as the employer confirms the position is available at that job location and will be taken up by you in the future.

Thanks a lot gammaray for your response!

I agree with your assessment. I do intend to move back after my GC.
Any Idea behind the thought process of people who move back when the GC app is being filed? Is it just to make a strong case for approval or Is it a totally arbitrary employer-enforced requirement?

Also People who use the i-485j option are they not worried about opening themselves up to issues with approval or issues with renewal or Citizenship? I am pretty sure many folks have done this what things to keep in mind when using this option..

I have not come across people in this boat so thought experts here will be able to throw some light... Thanks again..

[idliman]

Thanks a lot gammaray for your response!

I agree with your assessment. I do intend to move back after my GC.
Any Idea behind the thought process of people who move back when the GC app is being filed? Is it just to make a strong case for approval or Is it a totally arbitrary employer-enforced requirement?

Also People who use the i-485j option are they not worried about opening themselves up to issues with approval or issues with renewal or Citizenship? I am pretty sure many folks have done this what things to keep in mind when using this option..

I have not come across people in this boat so thought experts here will be able to throw some light... Thanks again..

Didn't want to write a lot. But not sure why this thing is confusing for some. Here's the big version.

Form I-140 needs a PERM that US DOL approves based on a test of the US labor market for that particular location. In the PERM form (ETA form 9089) you sign section L saying you intend to accept the position offered to you in that form (with salary) after your GC is approved. The employer agrees to provide you a full-time permanent employment (Section N signature). So GC is awarded based on a contract between you and the employer. If there is no longer a job available on location A or you do not intend to work at location A after GC, this contract is void. One must go through another PERM and I-140 for location B.

You can make life easier by simply working at location A after getting your GC, thereby agreeing to the original contract terms. That's why people can file for GC with employer A while working for employer B. This can also work for employer A, as they are only legally obligated to pay the salary in the PERM. The PERM and I-140 should be valid and the employer and employee agree on the future job. This is perfectly valid as long as you keep the intent honest. It is not worth it to do another PERM and I-140 for location change and the numerous opportunities it provides you, employer, attorney and USCIS to mess up your life. In thalaivar's language, it is unnecessary "money waste, energy waste and time waste". Read below:

Now comes in the AC21 rule. AC21 allows one to change jobs to a "same or similar classification" once a GC application is pending for 180 days. AC21 does not care about work location or salary (broad range is accepted). All you need to prove is that the job is same or similar classification. If you are working for the same employer at the same job (more or less) but at a different location, AC21 or I-485 Supp J is just a formality. However if you are working as a "Pizza Delivery Analyst" when your PERM is for "Systems Analyst" then USCIS will not approve the job portability. That?s why you should work with the system and apply for I-485 at location A. Don't make a big fuss and just stay in a rented place for 6 months. After 180 days, if you change your mind to work in location B, and then apply I-485 Supp J (there is no USCIS fee, only attorney fees). You will always have a chance to submit I-485 Supp J as no GC gets approved within 6 months of submission.

I keep repeating this in this forum. You will be breaking the law if you move to a new employer immediately after getting the GC. You have signed the PERM contract based on which the I-140 and I-485 are approved. You should make every effort to work with the GC employer for a reasonable time (6 months is widely accepted) after getting GC. If the employer fires you or there is a reduction in force after GC that is not your fault. USCIS will look at the work history immediately after GC when they scrutinize your N-400 / Citizenship application. Just follow the law and its intent; you will be fine with the immigration process.

Good Luck.

[KScali]

Folks ,
Question on USCIS FOIA requests.

I voluntarily sent my I-693 to TSC to be attached to the I-485 over 6 months ago. EMMA support is not able to confirm whether medical got attached to the 485 application. I have tried multiple times.
Last month I submitted a USCIS FOIA request for I-485 application in a hope that it might help confirm if the I-693 got attached to 485.
Recently I read somewhere that FOIA requests can delay the processing as they have to physically move the files. FOIA is still pending.
I am not confused and am wondering if I should instead withdraw the FOIA request. I am Oct 2020 filer and if I loose my spot in the line, that will be terrible.
My intent is to interfile the medicals again incase the previous ones got lost.

Thank you for your inputs.

[Shadowfax4]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

[qesehmk]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

Hello Shadow - Here is my opinion:
On #1 - I wouldn't worry too much about service center differences. For backlogged folks country quota is the biggest factor.
On #2 - No do not withdraw unless filing EB3 means cancelling EB2. It's always a good idea to have multiple paths open. If you only have one path then choose the best one.
On #3 - Can't answer this. Sorry perhaps others know better.

[Shadowfax4]

Thanks Q! and thanks for this forum!

[LeoAugust]

With COVID on high, can we expect SO for FY23? Thanks

[LeoAugust]

Folks ,
Question on USCIS FOIA requests.

I voluntarily sent my I-693 to TSC to be attached to the I-485 over 6 months ago. EMMA support is not able to confirm whether medical got attached to the 485 application. I have tried multiple times.
Last month I submitted a USCIS FOIA request for I-485 application in a hope that it might help confirm if the I-693 got attached to 485.
Recently I read somewhere that FOIA requests can delay the processing as they have to physically move the files. FOIA is still pending.
I am not confused and am wondering if I should instead withdraw the FOIA request. I am Oct 2020 filer and if I loose my spot in the line, that will be terrible.
My intent is to interfile the medicals again incase the previous ones got lost.

Thank you for your inputs.

Call USCIS Toll free number and keep saying to Infopass to talk to Tier-1. Keep the details ready to mention when the Tier-1 comes online. Guesstimate 45-60 min wait. EMMA can not confirm interfile. Hope it helps.

FOIA may/may not show the medical attached. I tried. it did not work for me.

[AceMan]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

Was your downgrade to Eb3 amended or new? If it is new then you have both the paths open. But since you filed concurrent 485, if you need to interfile you have to wait for your 140 Eb3 to be approved.

[Shadowfax4]

Was your downgrade to Eb3 amended or new? If it is new then you have both the paths open. But since you filed concurrent 485, if you need to interfile you have to wait for your 140 Eb3 to be approved.

The EB-3 downgrade was new. I wasn't planning on interfiling if the FAD dates for EB-2 and EB-3 stay within a month or two of each other.

[AceMan]

The EB-3 downgrade was new. I wasn't planning on interfiling if the FAD dates for EB-2 and EB-3 stay within a month or two of each other.

Just look at your case, you had things going your way in EB2 till about 3-4 months back, you saw Eb3 current and took a plunge without validating any of the existing demand and queues. All you need was to wait for additional couple of months till the December bulletin and you could have just filed 485 which would have directly landed in Missouri NBC. Now you need 140 approval, and all the associated activities of trying for premium, if it lands in Texas or Nebraska, etc. etc.

Since you already downgraded, now the best course of action is Eb3 as you are only 13 months away. The problem is when applicants see the PD current in any category, they presume green card is just around the corner which is not true. Any extra action with USCIS has to be treated like a major surgery and can have unintended side effects and unwanted stress.

[Shadowfax4]

Just look at your case, you had things going your way in EB2 till about 3-4 months back, you saw Eb3 current and took a plunge without validating any of the existing demand and queues. All you need was to wait for additional couple of months till the December bulletin and you could have just filed 485 which would have directly landed in Missouri NBC. Now you need 140 approval, and all the associated activities of trying for premium, if it lands in Texas or Nebraska, etc. etc.

Since you already downgraded, now the best course of action is Eb3 as you are only 13 months away. The problem is when applicants see the PD current in any category, they presume green card is just around the corner which is not true. Any extra action with USCIS has to be treated like a major surgery and can have unintended side effects and unwanted stress.

If I had to spend my own money for the downgrade, you can bet I would've said no. But my employer offered and so I said "sure! why not?". Because I felt like having an alternate opening was prudent. I also thought that the EB-3 case would only go to TSC or NSC IFF I interfile. At that time (Oct 21 VB) EB-2 was still behind EB-3. I didn't expect EB-2 to surge. ?\_(ツ)_/?

The EB-3 I-140 is still pending and I wasn't planning on pushing it forward using PP since I felt like EB-2 AOS and EB-3 I-140 are independent entities. I realize I might be wrong now. (-_-)

[AceMan]

If I had to spend my own money for the downgrade, you can bet I would've said no. But my employer offered and so I said "sure! why not?". Because I felt like having an alternate opening was prudent. I also thought that the EB-3 case would only go to TSC or NSC IFF I interfile. At that time (Oct 21 VB) EB-2 was still behind EB-3. I didn't expect EB-2 to surge. ?\_(ツ)_/?

The EB-3 I-140 is still pending and I wasn't planning on pushing it forward using PP since I felt like EB-2 AOS and EB-3 I-140 are independent entities. I realize I might be wrong now. (-_-)

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

[qesehmk]

My friend, there is no free lunch with immigration !!! The concurrent filing of 485 , 131, 765 is the poison chalice. 765 (EAD) is practically worthless without an approved 140. Nor you can leave your employer easily with a pending 140. The downgrade ensured that you will offer your work service to your company for another year minimum for just EB3 140 filing fees. And filing 140 in PP is your interest and no wonder why company don't care for it. You need an approved 140 in both Eb2 and 3 incase you want to use the interfile option in future.

I was going to say the same but hesitated because I din't want to curb Shadow's enthusiasm. See the thing is a company simply wants to retain you as a slave as much as they can. So anything they offer must be seen from that angle.

[KScali]

Call USCIS Toll free number and keep saying to Infopass to talk to Tier-1. Keep the details ready to mention when the Tier-1 comes online. Guesstimate 45-60 min wait. EMMA can not confirm interfile. Hope it helps.

FOIA may/may not show the medical attached. I tried. it did not work for me.

Leo - Appreciate your inputs.
I checked the FOIA status online and it shows Files Received- Completed
Your responsive documents have arrived at the National Records Center..

Do you know whether the file is physically moved to the National Records Center ?
If it is physically moved, should I wait until it's back at the service center before I try talking to Tier-1 ?

[gsingh]

Hello gurus,
I have a few rather weird questions (weird to me, at least)

My PD is Feb-2013 EB-2. I missed the boat in Oct 2020 as I had given up on visa bulletins and any expectation of hope. By the time I had collected all the documents necessary for the EB-3 downgrade and concurrent I-485 filing, Oct 2021 VB came out with the dates retrogressed. My employer was still willing to go ahead with the EB-3 downgrade, so we filed the downgrade. Got a receipt from NSC (LINxxx)

My PD became current per Filing Date for EB-2 in the December 2021 bulletin, so we filed that as well and I have receipts from NBC (MSCxxx). I have not interfiled and don't plan to. Given NBC is way better than NSC or TSC, My questions are :

1. Is there a risk of my case being transferred to NSC because I have a pending downgrade there?
2. Should I withdraw the EB-3 downgrade? (Whereismygc predicts EB-2 will yield better results for me than EB-3 at the moment)
3. Instead of withdrawing, should I process the EB-3 downgrade with premium processing? Will this help keep my case at NBC?

Any help is greatly appreciated.

Here are my 2 cents :

Based on the initial data available for multiple I-485 applications scenario , there is a risk of the second 485 getting transferred to the service center where the original 485 is.
Heard of many cases on telegram/trackitt. However, I am not sure if the I-140 status matters. I think most of them had the EB3 I-140 approved.

The service center differences are real. It shows in the Q4 data released by USCIS. NBC is processing at a much faster pace.
In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

They all start FY22 with the similar backlog.
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

Source: https://www.uscis.gov/sites/default/...y2021_qtr4.pdf

At some point USCIS will act and transfer those cases but there is no indication of that happening anytime soon.
If it was me, I would seriously consider withdrawing the LIN application with the hope that it helps keep the second application at NBC. I heard of some cases where the second application stayed at NBC after the withdrawal of first application.
I would suggest doing some more research on this. Follow the relevant trackitt/telegram groups.

Worst case with the withdrawal is your second application still gets transferred to NSC. That means you might loose 2-3 months in the queue(by the RD).
It may be worth taking a chance considering how the processing times differ between NBC and LIN.

[AceMan]

I was going to say the same but hesitated because I din't want to curb Shadow's enthusiasm. See the thing is a company simply wants to retain you as a slave as much as they can. So anything they offer must be seen from that angle.

I hope Shadow was not offended by my assessment. It pains me how the company did not let him downgrade for nearly a year and it was obvious from June 2021, EB2 I dates were performing better than expectations. I suspect the applicant must have been swayed by the final date movement of EB3 I in the last quarter of 2021.

Looking at the big picture, I expect him to be current in EB3 late into FY 2022. I hope his Eb3 140 is approved before that.

[Shadowfax4]

I hope Shadow was not offended by my assessment. It pains me how the company did not let him downgrade for nearly a year and it was obvious from June 2021, EB2 I dates were performing better than expectations. I suspect the applicant must have been swayed by the final date movement of EB3 I in the last quarter of 2021.

Looking at the big picture, I expect him to be current in EB3 late into FY 2022. I hope his Eb3 140 is approved before that.

Absolutely am not offended! And yes, the delay in downgrading in Spring/Summer of 2021 was due to issues with my birth certificate. By the time I had that sorted out, it was October. Why we waited to downgrade when said downgrade does not need a BC? No clue. Quite possibly was in the company's best interests to delay things as much as possible to extract ROI (I in ROI referring to indentured servitude, in this case).

If the EB-3I dates move ahead, I will spring for the PP option so that I can interfile if need be.

[Shadowfax4]

Here are my 2 cents :

Based on the initial data available for multiple I-485 applications scenario , there is a risk of the second 485 getting transferred to the service center where the original 485 is.
Heard of many cases on telegram/trackitt. However, I am not sure if the I-140 status matters. I think most of them had the EB3 I-140 approved.

The service center differences are real. It shows in the Q4 data released by USCIS. NBC is processing at a much faster pace.
In quarter 4 of FY2021, the USCIS approved 86,704 EB green cards in total.
* SRC approved 5,968
* LIN approved 4,622
* NBC approved 76,114

They all start FY22 with the similar backlog.
* 89,002 are at SRC
* 83,574 are at LIN
* 72,914 are at NBC

Source: https://www.uscis.gov/sites/default/...y2021_qtr4.pdf

At some point USCIS will act and transfer those cases but there is no indication of that happening anytime soon.
If it was me, I would seriously consider withdrawing the LIN application with the hope that it helps keep the second application at NBC. I heard of some cases where the second application stayed at NBC after the withdrawal of first application.
I would suggest doing some more research on this. Follow the relevant trackitt/telegram groups.

Worst case with the withdrawal is your second application still gets transferred to NSC. That means you might loose 2-3 months in the queue(by the RD).
It may be worth taking a chance considering how the processing times differ between NBC and LIN.

Thanks gsingh! I will have a few discussions to see if the company will let me withdraw the pending downgrade. I expect a negative response since the company paid for it. But, fool's hope is a thing.

[AceMan]

Absolutely am not offended! And yes, the delay in downgrading in Spring/Summer of 2021 was due to issues with my birth certificate. By the time I had that sorted out, it was October. Why we waited to downgrade when said downgrade does not need a BC? No clue. Quite possibly was in the company's best interests to delay things as much as possible to extract ROI (I in ROI referring to indentured servitude, in this case).

If the EB-3I dates move ahead, I will spring for the PP option so that I can interfile if need be.

You can check where your previous 140 was approved from. If the petition starts with SRC it is Texas or if it is LIN then Nebraska. Once you get the 140 receipt you will know if it is the same service center or different. If it is the same service center the chance of your new 140 PP approval is high.

If it is the same service center, I recommend go for PP and sometimes you might get it approved.

[LeoAugust]

Feb-2022 VB out.
FEB VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01JAN13
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01SEP13
EB3-Date For Filing-22JAN12

I think, EB2-I FAD will continue to deep into 2013 and bit of 2014. Expected EB3 movement will happen during 3rd quarter.Let us hope for the best and remain current should be the priority.

[idliman]

Feb-2022 VB out.
FEB VB 2022
EB1-Final Action Date-C
EB2-Final Action Date-01JAN13
EB3-Final Action Date-15JAN12

EB1-Date For Filing-C
EB2-Date For Filing-01SEP13
EB3-Date For Filing-22JAN12

I think, EB2-I FAD will continue to deep into 2013 and bit of 2014. Expected EB3 movement will happen during 3rd quarter.Let us hope for the best and remain current should be the priority.

Glad to see some movement for EB2 folks. So everyone upto 2012 are FA current and prevented from ageout. I sadly know of one or two cases where the employers refused to downgrade EB2 to EB3. Wishing for the FA dates to get to 01JAN14 so that it is fair for some EB2 folks also.

Applying for GC/AOS and getting GC are different things now-a-days due to extremely long processing times. So always be prepared for the longhaul and don't do stupid things. The first priority should be to get your 180 day AC21 eligibility. Good Luck everyone.

[gsingh]

Glad to see some movement for EB2 folks. So everyone upto 2012 are FA current and prevented from ageout. I sadly know of one or two cases where the employers refused to downgrade EB2 to EB3. Wishing for the FA dates to get to 01JAN14 so that it is fair for some EB2 folks also.

Applying for GC/AOS and getting GC are different things now-a-days due to extremely long processing times. So always be prepared for the longhaul and don't do stupid things. The first priority should be to get your 180 day AC21 eligibility. Good Luck everyone.

Congrats to those who will be current.
Unfortunately the large LIN/SRC backlog continues to grow with no plan from USCIS to address that.
Suggestion for those who need a new I-140 is to avoid concurrent filling. Get the I-140 premium processed and then file the 485.
Try what you can to stay out of LIN/SRC.

[optimista]

@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

[LeoAugust]

@aceman, @Q and any other experts who can chime in,
I need some of your inputs (or TBH a bit of psychological support).
I had posted on this forum in December (or November may be).
My GC application is in a limbo. Following are the details.
PD: August 1, 2010, EB2, filed on 30th October 2020, fingerprinting in Aug 2021.
Have opened multiple SRs, opened up a tier 2 SR, opened up a request with local senator last year.
Tier 2 guys sent an enquiry to my service center Nebraska sometime in December. And they told me that they will receive response from NSC by 20th of January, 2022 and then they will let me know.
So its been 15 months and I have nothing in hand, not even an EAD.
Can you please advise what else I should do now? How soon I will receive my EAD?
In my case, I had recently changed the employer and date became current, hence I had applied all 3 together I-140+I-485+I-765. I think this may have caused delay in my case. Is that the case? What do you think could be the reason for delay.
Let me know your valuable advice. I truly know what I can do now other than waiting in frustration every day of the week.
Sorry for the negative post.
Happy Makar Sankranti to you both and all others on this beautiful and amazing forum.
Thanks

I know you ask to @aceman and @Q. I am not an expert but still sharing some thoughts.

You can submit a Case Assistance Request @ https://www.dhs.gov/case-assistance and it usualy take one month. Usually now a days they do respond. SR/ER and reaching out to representative and senator is not working now a days. Especially if you app is at SRC.