EB2-EB3 Predictions (Rather Calculations II)

[lucky_g2010]

Per USCIS:

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?

Generally no. Initial EAD filings will generally receive an EAD that is valid for one- year because they are usually submitted with the Form I-485 that can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.



How will USCIS decide whether to issue an EAD valid for one or two years?

USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin available at http://travel.state.gov/visa/frvi/bu...etin_1360.html. If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.

[kalypso]

Why do you need EAD or AP, when you get GC on I-485 approval?

Originally Posted by smuggymba

hey TK,

1.) Do we still get the EAD/AP even if we have a pending RFE or do we get EAD/AP only after I-485 is approved.

2.) For people with PD's in my range i.e. Feb, Mar 2010 - will the 485's be approved and stored in cold storage till GC numbers are available or is 485 only approved after GC numbers are available.

[helpful_leo]

Teddy,

Are visa numbers allotted in order of the original priority date, or in order of the I-485 application receipt date. For eg. in the case of January filers, will somebody with a PD of Dec'08 but RD of Jan 1 2012 get greened before someone with a PD of April'08 but a RD of Jan 31, 2012?

Thanks

[smuggymba]

Originally Posted by kalypso

Why do you need EAD or AP, when you get GC on I-485 approval?

I was confused on when I-485 is approved for ppl with later PD's like mine. Is 485 approved when USCIS is ready to give GC or is it approved and put in cold storage pending GC numbers being available.

[vinodindia]

Originally Posted by mzc123

no kidding.... gaz is right, I have see it too

And interesting enough there are several Feb 08 approvals but as far as Mar 08 goes, there is atleast one from TSC and another from NSC. Without naming the forum, here is the google docs link to check the same.

https://docs.google.com/spreadsheet/...nc&pli=1#gid=6

[mzc123]

New processing time are published on USCIS website and TSC shows 485 processing date as April 3, 2011 .... awesome!! (yeah rite) ... moved by just over a week... what a useless update!

[harrydr]

Teddy,
Can you please confirm if the RFE has anything to do with the fingerprinting process. My questions is to understand if the RFE is sent only after the fingerprints are done or the RFE comes independent of the fingerprints.

Not that i'm expecting the RFE, but just trying to understand based upon your experience. Do they wait until fingerprints are done and then they start looking/reviewing the file????

[dilber]

I finally got the physical RFC letter yesterday. They are asking for copy of birth certificate and Photocopy of the Passport. Although I had submitted both with the initial applications.

The questions is:
1> I have an original and a duplicate birth certificate issues (the original has corrections that are NOT endorsed.) which one should I send them? I think I sent them duplicate last time.

2> Both the certificates are in English except for the official seal the seal is in Hindi. Do i just submit the BC or do I have to get an official translation for it?

Thanks,
Dilber.

[chiragsantwani]

I am seeing 6 approvals for March 2008 PD. 2 from NSC and rest from TSC (primary applicant)

Originally Posted by vinodindia

And interesting enough there are several Feb 08 approvals but as far as Mar 08 goes, there is atleast one from TSC and another from NSC. Without naming the forum, here is the google docs link to check the same.

https://docs.google.com/spreadsheet/...nc&pli=1#gid=6

[thomachan72]

Originally Posted by chiragsantwani

I am seeing 6 approvals for March 2008 PD. 2 from NSC and rest from TSC (primary applicant)

they are lottery winners

[ahaly]

Hi,

If I get a RFE and the date retrogresses while the lawyer is in process of responding to the RFE, what happens? Is the RFE response processed or will the processing be delayed until the next time the date becomes current?

Thanks!

[racha24]

sorry for hijacking this thread, but I've a quick question for all you gurus out there: My PD became current recently; anticipating this I managed to procure birth certs for me and my wife late last year from India. Now because these are issued very recently, and not at birth, do I still need to be submitting any affidavits? They are genuine certs with no errors, otherwise. Please help! thanks!

[pillagandhi]

Originally Posted by racha24

sorry for hijacking this thread, but I've a quick question for all you gurus out there: My PD became current recently; anticipating this I managed to procure birth certs for me and my wife late last year from India. Now because these are issued very recently, and not at birth, do I still need to be submitting any affidavits? They are genuine certs with no errors, otherwise. Please help! thanks!

similar situation with my wife's BC(late registration).Having read all the RFE's preempted with an affidavit from her parent's+School+Degree certificates

[helpful_leo]

Can somebody here pls shed light if we should be concerned abot the delay in getting our EAD/AP cards?

TSC servic center
I-485 RD - Jan 9
FP notice date - Jan 25
Fingerprinting date - Feb. 16
No EAD notification or cards yet.

I saw others here with same and even later dates from TSC who have already received EAD/APs? Is a delay indicative of anything?

Also, are visa numbers allotted in order of the original priority date, or in order of the I-485application receipt date. For eg. in the case of January filers, will somebody with a PD of Dec'08 but RD of Jan 1 2012 get greened before someone with a PD of April'08 but a RD of Jan 31, 2012?


Thanks.

[thomachan72]

Originally Posted by racha24

sorry for hijacking this thread, but I've a quick question for all you gurus out there: My PD became current recently; anticipating this I managed to procure birth certs for me and my wife late last year from India. Now because these are issued very recently, and not at birth, do I still need to be submitting any affidavits? They are genuine certs with no errors, otherwise. Please help! thanks!

My attorney's staff adviced that we dont need affidavit / School certificate etc but I insisted and she agreed to send the affidavit and school certificate.