Hi All,
Thanks for this wonderful forum. My PD is Oct-2010. PERM was approved recently. Attorneys(Fragomen) are suggesting concurrent filing. Does anyone know what is most recent trend? Concurrent vs Non Concurrent. If I file concurrent , I -140 would be in premium.
Appreciate any feedback.
Thanks,
Dev
It does make sense, when you enter on AP your official status changes to "Parole", even though you can continue to work with the original employer that you were working with before using AP "as if" you were on h1b (Cronin Memo). You can get back to h1b status by filing and approval of the regular h1b extension or a new employer filing a h1b transfer.Originally Posted by NewHere
Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.
Unfortunately my company will listen and believe the lawyer
I posted this before but this link explains it well:
https://www.murthy.com/2008/03/21/ef...pending-i-485/
I think the interpretation of the law is you need to be on a valid official non-immigrant status to change your underlying I-140 EB2/EB3 classification for the I-485.
Last edited by gammaray; 05-17-2022 at 02:46 PM.
concurrent is always the way to go ... just to make things speed up
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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Q, I would suggest the opposite - file for I-140 in premium and then file for I-485, considering NBC is approving cases within 3-4 months. OP has another issue with Fragomen who tried the same with me and I spent a week convincing them to file non-concurrently.
Just my 2 cents.
May be ... but what if the I-140 takes time and then dates retrogress and only become current 5-10 years from now. Then the candidate loses AC21 protections.
I would personally file concurrently for this reason.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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First go for PP-140 and then for AOS. This way your app will go to NBC and adjudication will be faster. If you do concurrent it will not NBC.
EB3(2)-Dec-2013 (RD-Oct/29/2020, ND-Jan/30/2021)
APP No-SRC2190090XXX
Approved- I140 (Aug-11-2021)
Completed- BM (Aug-25-2021)
I693-Interfiled (Sep-28-2021)
I765/131-Case approved (Jan-18-2022)
Pending- 485
I am not going to argue about NBC vs SRC etc ... but by law USCIS and DOS are obligated to process FIFO on 485s where dates are current and visas are available.
With a date like Oct 2010 nothing can go wrong including dates retrogression I talked about earlier. I didn't notice the PD then. So yeah you do have the luxury to go I-140 premium and then file 485.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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Thanks Q, Leo and MidwestMaverick for your valuable inputs. Q has a very valid point about risk in not filing concurrent. But I feel it's a calculated risk considering my 2010 PD. Ideally there should not be any difference between which service center your case lands but unfortunately it does not look like that from the posts I am reading everywhere. People trying all kinds of things to nudge their cases out of Texas and Nebraska into NBC. Will keep this place posted with how my case proceeds. Thanks all
You are welcome dev. It's about time you get your freedom. All the best.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Hi Zen, not aware of any full prood data. However there are some groups in telegram who publishes some data, but can't say for sure if that gives complete picture.
Dev, I would recommend concurrent as well.
New cases going to ARC are transfered to NBC. Filing concurrently will reduce the time between applications and possibly faster processing.
An I-485 applicant does not have to be in a nonimmigrant status in order to interfile. The Employer's (and by extension, their Attorney's motivation to keep you from the Green Card for a few more years) is different from what the law or even the whims and fancies of USCIS require. Ask him for the rule, memo or case law that is guiding his position. Better still, considering that the I-485 is YOUR's not your employer's, you do not need them or their lawyer (who is also acting as your lawyer for purposes of the I-485) to interfile.Thanks Guys. That was the head attorney of that law firm. In fact one of my friend's company uses Fragoman and even they said you can not interfile back to EB-2 if you use AP to enter back into USA.
Unfortunately my company will listen and believe the lawyer
Was in your shoes 6-months ago. Similar PD, PERM had just been approved and my firm is basically doesnt do immigration, so I had no choice but to avoid lot of gates and chose to file concurrent/medicals all in one go to TSC. to put it mildly its been zero progress.
6-7months into the process just yesterday my file was transferred to NBC from TSC with no progress what so ever. My 2 cents, I would recommend non-concurrent, because that way your file may get routed sooner to NBC regardless of where you are filing. Especially, if you are going to go Premium I140 you do not have the danger of retrogression, and its a matter of 2-3 weeks for approval. Because to file I1485, attorneys at a minimum need an I-140 receipt number (which is only available 3-4 days after filing) plus I have seen folks that have gone non-concurrent get routed to NBC faster (and get a GC in about 8-9 months total).
Also, I would suggest not doing medicals right away either and interfile/respond to RFE when it arises. Risks and rewards are both your, so you make the decision but 2/3 weeks if employer/attorneys are easier to work with non-concurrent is the way to go
Thanks @bloddy1, yeah I convinced Fragomen to do I-140 premium. Paying premium fees out of pocket (which is always legal btw). Will see how it goes. Good to know your case did transfer to NBC. Good luck to you. Hope you get your freedom soon.
I came here in the end of 2010 in H4. I started looking for a job in 2014 but since it needed sponsorship, so I had to check with consultancy. They asked me to add experience (which I didn?t have) in the resume for the visa sponsorship. I had 5 years of IT experience from India. I did not take that route.
Fast forward to 2016, I got my H4 EAD and then started job hunting. With the gap, it was very hard to get interviews. But at last, I got a good job offer in IT field itself. But my EAD was expired, and it was in the process of extension, so I couldn?t take that job offer. After 2 weeks or so I got my EAD approved but by that time the job position was filled. Then I gave up looking for job.
Fast forward to 2020, I was able to apply for AOS and by 2021 I got AOS EAD. I was not planning to look for an IT job but decided to give it a try for 6 months. Thus started my next job hunting in the beginning of 2022. I was able to get an IT job (in the same technology I worked before) after 11 years of employment gap in a fortune 100 company. In the interview, I was honest about my gap and my work experience. Thought of writing my experience, to inspire people not to give up.
For those who are interested, there are several companies which are offering Returnship opportunities ? people who have work experience but has employment gap. Mine was not a returnship opportunity.
I beg to differ on this. I have seen many cases on telegram groups where USCIS has accepted interfile requests and even given GC to people who started working on EAD.
In my understanding, USCIS is using its discretion to approve these cases.
Also, to get back on H status after using AP, one can make use of Auto Visa Revalidation rule. I know at least one case where a person was able to do this without any issues.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Q, unfortunately, USCIS is definitely NOT following the law in the current scenarios. I have seen cases with PD getting approved between 2010 to 2013, and they have all been random. I still know one person with PD 2010 who is stuck in SRC and has yet to receive his GC.
Regular processing times at SRC/LIN are outrageous and I agree with other users' suggestion that one, if possible, should try and get their I140 approved in PP and then file AOS. A person with PD 2010, they have enough time between now and the end of June to get their I140 approved and file AOS.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
IMHO, you have enough time to get your I140 approved in PP first and then file AOS. Good luck with your case!
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Thanks Monty. I have to say this is very compelling reasoning.
I think you meant to say you differ only with the last part i.e. ability to interfile.
My own interpretation is that there is no law governing or banning interfile in status x y or z. It's all crap made up by lawyers or uscis or employers or whatever. Usual scare tactics. It is time we have immigration lawyers who fight for the immigrants.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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Hi, I was a silent observer on the site for many years. I have checked out of the immigrant matters for few months and am playing catchup now. Looking for pointers or advice on best course of action for my situation.
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole.
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.
In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.
As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.
It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.
All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.
Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
This is painful to even hear but I do think you should be greened by September in EB2. USCIS it seems are basically trying to hold off all people who otherwise they are encouraging to file to EB2 until a time when they must consider them for extra visas. And then they are most definitely going to waste visas sighting ability to process visas.Hi, I was a silent observer on the site for many years. I have checked out of the immigrant matters for few months and am playing catchup now. Looking for pointers or advice on best course of action for my situation.
Key facts:
------------
PD: Aug 2012 (EB2)
Processing Center : Nebraska for all filings
Downgrade to EB3: Oct 22 2020
Biometrics: Feb 2021
EAD/AP: received with 1 year validity in Feb 2021
EB3 i140- Approved July 2021
I proactively sent Medicals in Aug-2021. I know I took a chance and this maybe lost into a blackhole
EAD/AP renewals filed in Nov 2021. I have received my EAD renewal card in Feb and waiting for AP. My spouse has not received either).
My employer was acquired by another firm in Apr 2021 and now I work for a employer but in the similar line of work.
In Feb 2022 when I requested to file Transfer of Underlying Basis (interfile) to EB2, employer's attorney threw a wrench in the process.
As my old employer was acquired and the old company no longer exists and also there was a significant change to my job title (to Sr Manager) attorney recommended filing a job portability first to inform USCIS of the acquisition and to also notify then of my new title and the job responsibilities. It took 2 months for the job portability filing and I recently received a Job Portability 485J Receipt #. Finally, Transfer of underlying basis (interfile) was sent to USCIS CA location this week.
It has been a frustrating process chasing EAD/AP approvals and then the job portability and TUB filing with my employer and the attorneys.
All my cases (I485, 765, 131, 485J job portability) are stuck in Nebraska. I have heard that lately cases are being transferred from other centers to NBC and few weeks after the transfer the cases are approved.
Question: Other than sit tight and wait for things to naturally progress is there something I can do to nudge my case along? Couple weeks ago I spoke to USCIS and they informed that my 485 is at NSC and as it was filed in Oct 2020, it will Not be considered outside of normal processing until Aug/Sep, by then it will probably be too late as it will be end of year and 1000s of GCs will evaporate into thin air?
As per your case - I think it is relatively safe if they consider it in EB2. I am not so sure under EB3.
Not to plug in WhereismyGC but if people used it and compared chances in EB2 vs EB3 all this downgrade upgrade and the pain and expenses associate with it might have been unnecessary for a lot of people. Even today USCIS is moving EB2 to totally unrealistic realms and setting up false expectations. I think USCIS has significant number of sadist and racist jerks and losers.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Q do you have any foresight on how much the date would retrogress for EB2/EB3 India in Oct 22? I went through old posts and it seems since 2007 this is how USCIS has been functioning. I was under the assumption that filing date will give them better handle on data and would reduce the need to retrogress.
The dates won't retrogress but visa allocation won't be guaranteed for all. EB3-India should move ahead.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
According to what I am reading under ?chapter 8: Transfer of underlying basis?, the very first eligibility requirement states, ?1. Continuing Eligibility to Adjust Status?. And to adjust status one must be on a non-immigrant status. And hence I believe, one is not eligible to interfile after they have used EAD for primary employment (H1 is terminated). However, USCIS is using their discretion and pretty much ?allowing? everyone with previously approved EB2I140 (with same or previous employer) to interfile.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
As per APRIL DOS data, EB3P (Philippines) has already used close to 11k visas. Which is outrageous. Obviously, DOS is allocating EB2P numbers in EB3P citing low demand in EB2P. This, IMHO, going to hurt EB3I in terms of date movements.
Last edited by montyp80; 05-23-2022 at 08:00 AM.
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