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Deusdies

Employer filed PERM under EB2, rest of the world today - bad idea?

By Deusdies in Adjustment of Status from Work, Student, & Tourist Visas

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Deusdies Newbie

Deusdies   0

Posted
Filed: F-1 Visa Country: Serbia
 Timeline
Posted

Hi,

My employer informed me that they filed the PERM application electronically today. I fall under the EB-2 category and under "rest of the world". Normally, the visa dates are "current", however for the past few months they have retrogressed to beginning 2014. What's more interesting is that they've only retrogressed for EB2, for EB3 they're still "current". From my research online, it seems that they're expecting the visa dates to go back to "current" at the beginning of 2017.

Does that mean that I will have to wait an additional ~2 years when PERM gets approved in order to continue my green card process? Would it have been a better idea for me to wait until January next year or so and only then file the PERM? What are my options now?

Thanks!

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  • 2 weeks later...
randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
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It doesn't matter when they filed for PERM. The EB2 retrogression only affects the I-485 filing and will probably end on October 1st, 2016. So you can't file I-485 for another few weeks, that's all. Check the Visa Bulletin for October once it's out.

The sooner you get your I-140 approved the better and there is no reason to wait. Ideally you would file it concurrently with I-485.

If anything, you should hurry up and file the I-485 before they remove the per-country-cap (can happen any day before the end of the year) and you'll end up waiting in the same line with Indians - meaning about 25-50 years.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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