EB2-3 Predictions (Rather Calculations)

[qesehmk]

*****
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?
********
Continuation / Update to my previous post.

Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).

Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. Agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.

Considering, medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?

Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of the this? Trying to taper down and keep our expectations grounded.

I can't respond to everything but simply looking at the fact they only issued you one year EAD / AP means you will get a GC within 1 year. That's my old experience but I believe it still holds.

All the best.

[qesehmk]

If I were you I would just sit tight. You have waited loooooong time. 2012 June is not too terrible a date anymore. Could be greened in any category. Why do busy work and give USCIS one more reason to delay your approval.

Good luck you will be greened and do come back and tell us.

Hi there,

My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.

I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.

- Totally lost

[montyp80]

Hi there,

My original EB2 I-140 has a priority date of June 2012 filed at Texas. I downgraded to EB3 regular processing in November 2020 at Nebraska (the site selection was not up to me). Biometrics done in early 2021 and sent my medical info in Sep 2021 though there was no RFE for it, only an open letter from USCIS. My EB3 has not been approved yet. I interfiled for EB2 in March this year and received my receipt notice in May and the EAD shortly afterwards. However, my 485 file still seems to be at Nebraska. Based on info shared in other immigration forums, it seems that only cases with an approved downgraded I 140 are being transferred to NBC/FO and being approved thereafter.

I would greatly appreciate any advice on whether I should apply for premium processing of EB3 downgrade now even though I have submitted an Interfile request for EB2 - that could be confusing for USCIS. Or is it better to litigate as it seems to get USCIS to act/approve quickly - based on claims made by certain lawyers on Twitter. Many thanks for any advice.

- Totally lost

Based on what I am seeing, there is simply no relationship between EB3 downgrade I140 approval and transfer out. Only USCIS know what is their secret criteria. If anything, TUB interfile request should be a reason enough for USCIS to transfer the case out because it saves them resources from processing downgrade I140 and essentially makes the case a straight case!

IMHO, I just don't think EB3I140 approval is the solution that you should be time and money on. Litigation is even worse!

Your PD is 2012 and unless you are extremely unlucky, you should most definitely get your GC before the end of FY.

[montyp80]

*****
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?
********
Continuation / Update to my previous post.

Transfer of underlying basis from EB3 to EB3 (TUB case) was filed with NBC(MSC22xxxxxxxxx).

Few weeks after TUB receipt notice was received, requested a Tier 2 agent call backup which finally came late last week. Tier 2 agent took our 485, 485J receipt #s and opened a WKDxxxxxxNSC ticket to transfer our underlying basis to EB2. He inquired about 693(medicals) which we sent voluntarily last summer (w/o RFE) which he could not locate in his system. The agent informed us that we can expect a response in 14 days, he did not clarify what we can expect.

Considering, that medicals are not attached to our file and there are ~10 weeks left this fiscal year, what are the odds of us getting greened?

Has anyone gone through the WKD ticket process for transfer of underlying basis? What to expect out of this? Trying to taper down and keep our expectations grounded.

WKD request usually works in the favor of the beneficiary, so it's a good thing Tier 2 officer did that for you. The only issue that I see is that your case is probably with NSC and we don't know what could possibly trigger the transfer. This is where the WKD request may or may not help. But with PD of 2012, I think you have extremely good chances of getting greened before Oct 22.

[delorean_doc]

Hi folks, I have an urgent ask and would greatly appreciate your help. I am on an H1-B and have an EAD/AP (my employer filed for my GC in the EB2 category). I am traveling to India on Friday, 7/22 for a short 5 day trip to attend a family event there - the reservation was made months ago. Last Friday (7/15/22), I finally got the message (after 11.5 years) that my case was approved. I am hoping that the card is physically delivered to me by 7/22. But in the situation the card is not available with me when I leave the country, will I be able to use my H1 or AP to re-enter the country?

[qesehmk]

Hi folks, I have an urgent ask and would greatly appreciate your help. I am on an H1-B and have an EAD/AP (my employer filed for my GC in the EB2 category). I am traveling to India on Friday, 7/22 for a short 5 day trip to attend a family event there - the reservation was made months ago. Last Friday (7/15/22), I finally got the message (after 11.5 years) that my case was approved. I am hoping that the card is physically delivered to me by 7/22. But in the situation the card is not available with me when I leave the country, will I be able to use my H1 or AP to re-enter the country?

If you have a valid H1 then you can enter on it. But the AP I don't understand. Why would you apply for AP if you already had an AP? And yes if you have a valid AP you can always use it.

[Hidden_Brain]

Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move post as deemed appropriate.

[montyp80]

Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move the post as deemed appropriate.

As far as I know (and someone can correct me if I am wrong), there is no set rule as to how long one should work for sponsoring employer after receiving GC. Lawyers 'recommend' to work for 6 months, but again, that's a personal choice. Sometimes people do it out of good faith, sometimes they do it because they are worried that making a move immediately after getting GC will cause issues during naturalization (and I have heard that USCIS has done that in the past, but it can be easily defended IMHO).

Personally, I would stick around for a few months OR take up the second job in Company B and manage two jobs for a few months (if manageable) before making 100% move to company B.

Again, there is no law/rule that says you cannot switch jobs after getting a GC.

[qesehmk]

Your cousin is very luck to have somebody like you who spends time posting question on her behalf. But no point in answering for those who don't have courage to stand up for themselves.

Q and others, I have a question I would like to get your feedback on:
My cousin recently had his GC approved and received the physical card. Details: I-140 approved July 2021 (downgraded from EB2 to EB3), GC was approved in May 2022.

Cousin works for Company A who filed for GC. He now has an offer from Company B to progress further in his career. Is there a time period after GC is received that the applicant shall avoid leaving the sponsoring employer? We know AC-21 has a 180-day limit but not so sure if something similar exists after receiving GC.

Any feedback on this is appreciated. Also, not sure if this is the right forum category so please move post as deemed appropriate.

[sushi2012]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

[qesehmk]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

sushi - the chances are high that the dates won't retrogress beyond your PD but even if they do retrogress it won't last more than 6-8 months and you will be current again. For arguments sake if your date retrogresses for more than that you will already be protected by AC21. Does this help?

[gansun]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

[gammaray]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Yes she can.

[qesehmk]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Absolutely .... she can also come back on any other visas like B1/B2 or F1/F2 etc and then change status to H4 as long as she has a valid H4 approval notice.

[vsivarama]

Hi Gurus,

My wife's AP expired 3 months back and applied for extn last year. Still not approved. Can she travel to India and come back on H4-Visa stamping?

Yes, she can provided you are maintaining your H1 status.

[sushi2012]

sushi - the chances are high that the dates won't retrogress beyond your PD but even if they do retrogress it won't last more than 6-8 months and you will be current again. For arguments sake if your date retrogresses for more than that you will already be protected by AC21. Does this help?

Yes, it definitely helps. Thank you.

I'm rather anxious tbh - I missed the boat to file my 485 in 2020 due to a job change, and my perm was randomly audited as well. We finally filed earlier this year, and I'm kicking myself for losing the opportunity to file earlier.
I hope to get transferred to NBC soon, but my mind always leads me to search for sub-optimal outcomes. Fingers crossed and hoping for positives

[vsivarama]

hi all - I'd like some perspective if you can share. We've filed our 485 a few months ago, and we haven't yet been transferred to NBC. My PD is Sep 2012 and was wondering how likely it is that my date remain current in FY23?

(I'm trying to understand what to expect if we do not get greened this fiscal. I desperately hope we do, but it always helps to understand alternate outcomes)

Chances are good for your date to be current. Chances are not bright for the dates to move beyond Dev 2014 (unless USCIS does as Charlie did in 2020).

[gsingh]

Hi All ,

My case was filed in Oct 2020 with a downgrade to EB3. As dates retrogressed, I requested transfer of underlying basis to EB2 I-140. TUB request was sent back in December along with 485J
485J got approved on 7/15 and 485 is still pending. Called up USCIS today for an update on 485. I was told that the status on their end shows as 'Visa number not available/dates regressed.'
I assume this means this the underlying basis did not change from EB3 to EB2. I requested a call with tier2 but that will take upto 30 days. I had requested a call with tier 2 twice before but never received the call. So not positive that it will happen this time.
Has anyone been in this situation or can suggest the next steps?
Appreciate your inputs.

[montyp80]

Hi All ,

My case was filed in Oct 2020 with a downgrade to EB3. As dates retrogressed, I requested transfer of underlying basis to EB2 I-140. TUB request was sent back in December along with 485J
485J got approved on 7/15 and 485 is still pending. Called up USCIS today for an update on 485. I was told that the status on their end shows as 'Visa number not available/dates regressed.'
I assume this means this the underlying basis did not change from EB3 to EB2. I requested a call with tier2 but that will take upto 30 days. I had requested a call with tier 2 twice before but never received the call. So not positive that it will happen this time.
Has anyone been in this situation or can suggest the next steps?
Appreciate your inputs.

I think USCIS has already identified/flagged cases that they want to approve or will be approving over the next few months. Having said that, your case possibly is a candidate, considering they approved your 485j. The visa regressed message is a standard message and is a good sign based on many people who received a similar message and later got approved.

If you receive Tier 2 call then ask the agent to open WKD request to transfer your underlying basis. This has worked for many according to Trackitt and Telegram groups.

Good luck.

[greenjpr]

Hello Gurus,
My PD is June 2010 [EB2] and I filled I485s OCT-2020.. Got my EAD and APs. My case was struck for a while since they moved to honolulu, hawaii [ Ia m from NJ]. Since it was taking forever to get GC, I used my EAD and joined different company in Jan 2022. We did not file for I485J immediately.

In the meantime, my original employer filled for chapter 11. Looks like this was noticed by USCIS and they sent me RFE in May 2022 from Honolulu, Hawaii field office.

We responded the RFE by July 1st with new employer I485J. However still no receipt number from Honolulu, Hawaii field office.

Is this normal?
Should I send the RFE response one more time?

I am getting little worried of this never ending process and really frustrated

Thanks in advance for your inputs.

[gammaray]

Hello Gurus,
My PD is June 2010 [EB2] and I filled I485s OCT-2020.. Got my EAD and APs. My case was struck for a while since they moved to honolulu, hawaii [ Ia m from NJ]. Since it was taking forever to get GC, I used my EAD and joined different company in Jan 2022. We did not file for I485J immediately.

In the meantime, my original employer filled for chapter 11. Looks like this was noticed by USCIS and they sent me RFE in May 2022 from Honolulu, Hawaii field office.

We responded the RFE by July 1st with new employer I485J. However still no receipt number from Honolulu, Hawaii field office.

Is this normal?
Should I send the RFE response one more time?

I am getting little worried of this never ending process and really frustrated

Thanks in advance for your inputs.

There is no "receipt number" for a RFE response. Sometimes the status is updated online, sometimes not. As long as you have the fed ex/UPS notification that it was delievered, you are good. Just need to be patient -- well more patient. With a 2010 PD there is no fear of retrogression or anything else, so its just a matter of time before the gc is approved (assuming otherwise there is nothing wrong with the application).

[san_archer]

Hello -

I filed I485J on June 20th. I received my I485J Fee Waived notice on July 20th. Now it can go either two ways EAD/AP and/or RFE for medicals. I do have the medicals all ready and set to go. Here is my question -

What time frame can I expect to receive EAD/AP and/or RFE?

Here are my details -

PD EB2 Dec 2012
Downgraded to EB3 Sept 2021 - I765/I131/I485 (Late)
Interfiled I485J in June 20th (Late again - a common theme!)
I485J fee waived receipt notice July 20th.
No EAD/AP yet.
No RFE
No I485J / I485

I got the I48J Fee waive notice from National Benefit Center. The other applications are in Nebraska Service Center.

[Sebiswaiting]

I don't think anyone can give a timeline. USCIS initially said that filers til Apr 2022 should get approval before Sept 30. Later they updated that filers in June should expect the same as well.

You said that your medical is ready, but you also said that you interfiled i693 which (if I am not wrong) is medical. Also your 485 app is only for eb3 or it is interfiled for eb2 ?

Hello -

I filed I693 on June 20th. I received my I485J Fee Waived notice on July 20th. Now it can go either two ways EAD/AP and/or RFE for medicals. I do have the medicals all ready and set to go. Here is my question -

What time frame can I expect to receive EAD/AP and/or RFE?

Here are mt details -

PD EB2 Dec 2012
Downgraded to EB3 Sept 2021 - I765/I131/I485 (Late to the party)
Interfiled I693 in June 20th (Late to the party again - a common theme!)
I485J fee waived receipt notice July 20th.
No EAD/AP yet.
No RFE
No I485J / I485

I got the I48J from National Benefit Center. The other applications are in Nebraska Service Center.

[san_archer]

I don't think anyone can give a timeline. USCIS initially said that filers til Apr 2022 should get approval before Sept 30. Later they updated that filers in June should expect the same as well.

You said that your medical is ready, but you also said that you interfiled i693 which (if I am not wrong) is medical. Also your 485 app is only for eb3 or it is interfiled for eb2 ?

You are correct. I apologize. I meant I applied for I485J. I have the I693 ready, but I`m waiting for an RFE. I was hoping to get a time estimate for the RFE.

[qesehmk]

Friends I have added more description and recreated the poll here

https://www.qesehmk.org/forums/showthread.php/2993-Equal-oppotunity

Sorry I can not port votes to the new poll. So you will have to vote again.

This way we will keep this thread clean.