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Anyone seen the news about Priority Date until Jan 2015 becoming current for initial filing

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ustocanada49

Star Member
Jan 6, 2017
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17
There is a lot of news out there. Came here to see if any one is discussing about it. I am surprised no one is.

Is it because all of the people here are with PD after Jan 2015?

I specifically was looking for any discussion about EB2-EB3 downgrade, EAD, Advance Parole, possible usability of Canadian PR after that also etc.
 
Dude, just give up your Canadian PR and enjoy your EAD. Is there any reason you want to get yourself in to the hassles of commuting/moving etc even after getting EAD? EAD is lighter version of Green Card and you pretty much get everything that would come with GC.

For Indians in US, Canadian PR is just a 'back up' and someone with EAD doesn't have any need to harp on to it.

Nobody might be discussing about it because everyone who moved to Canada giving up US might be at loss of words on what to say about this.
 
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People who have PD before 2015 are busy checking on who to get this done hence not reading these threads;) .
Yes some are after 2014. Mine is 2017 which will never happen. So i am not tempted to the news. :)
Yes, surely for some who moved out of US or lost job, it got miscalculated as no one imagined that this covid visa ban would come and rescue many which appeared far till yesterday. So they are figuring out how to dive in hence they are busy and could not read forum.

My friend might try downgrading but will know detail after few days. I can post it later.

As far as i know, its not easy to maintain both PR and GC as you have to make only one country as primary residence and its waste of time and effort maintaining both. You need to give up one as its practically difficult and in many cases it will be problem proving at the border that you are intent to settle in that country(which one find trouble proving and might lose the status). Instead one should choose to stick to one and go with it.
 
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Going to keep an eye on this thread. Have PR did soft landing more than year back currently in us with PD of 2013 EB-2. Not sure if company will support the downgrade and with all these timing of key essence.
 
AlwaysBlessed said:
Going to keep an eye on this thread. Have PR did soft landing more than year back currently in us with PD of 2013 EB-2. Not sure if company will support the downgrade and with all these timing of key essence.
Click to expand...
And what are you going to do when you realize you’re not compliant with your RO ?
 
ustocanada49 said:
There is a lot of news out there. Came here to see if any one is discussing about it. I am surprised no one is.

Is it because all of the people here are with PD after Jan 2015?

I specifically was looking for any discussion about EB2-EB3 downgrade, EAD, Advance Parole, possible usability of Canadian PR after that also etc.
Click to expand...

If it is working for you, go for it and renounce your PR.

Quite a few are stuck with employers who wouldn't downgrade. Why will the bottom line driven ones just away give freedom to their employees for nothing in return?

Not to mention, timing also matters. USCIS in a further visa bulletin update might just change to final action date for AOS applications. Haven't you heard of cases of folks missing it by few days and waiting for years?

My guess, a current PD for everyone and slow incremental updates for India in FA dates, will ensure not all of this overflow GCs will go Indians. Some of them will be consumed right away by other countries. There are already a bunch of videos in youtube for this targeting other countries. And the current AOS application allowed based on Filing dates, will generate additional revenue considering the fee increase in October 2020.

Unless and until USCIS publishes a live count of status in various buckets (including duplicate petitions), it will always be a question of timing. This is not rocket science and there is a reason this will never happen.

So roll your dice if you are feeling lucky.
 
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ustocanada49 said:
There is a lot of news out there. Came here to see if any one is discussing about it. I am surprised no one is.

Is it because all of the people here are with PD after Jan 2015?

I specifically was looking for any discussion about EB2-EB3 downgrade, EAD, Advance Parole, possible usability of Canadian PR after that also etc.
Click to expand...
http://immigrationgirl.com/faqs-on-filing-the-i-485-adjustment-of-status-in-october-2020/

http://immigrationgirl.com/can-i-downgrade-my-eb-2-to-eb-3/
 
My US friends told me about this. I am 2013 EB2 PD and living in Canada for 3.5 years now. Here are some reasons it's not a big deal for me:

1. No guarantee that Filing Date will be honored next month.
2. No guarantee that my employer would have cooperated in downgrading
3. No guarantee the downgrade could have come through in a month
4. EAD is great, but its NOT a GC - you still need H1B to be safe, you need to renew periodically and not be jobless when renewing
5. Time spent on EAD doesn't get you any closer to citizenship (I want a 1st world passport to travel, EAD or even GC does not give me that). Such a passport is no use if I have to wait till age 45 to get and I feel too old and tired to travel.
6. Similar thing happened in 2007 and 2012 and date retrogressed...so people were stuck on EAD for almost a decade without getting GC...can happen again.
7. If I really want to go to US, I can since I already applied for citizenship in Canada and dont really need to live here to maintain RO anymore (barring exceptional circumstance where citizenship takes 3 yrs to process). I am still H1B cap exempt.
8. Unless FAD goes to 2013 and stays there for more than a year, I don't lose my PD...so no hurry to go back.
9. Even if FAD goes to 2013, my spouse's PD is in 2015, so I have another shot later.

I am happy for my friends in US, they (might) get something after spending a decade in US, some kind of partial stability.

Would I have moved to Canada had this happened 4 years ago? Answer for me is - yes. EAD is like a small bone thrown at me. Nothing short of full GC would have kept me in US. US immigration occasionally throws bones like these to Indians to keep giving hope only to dash them.
 
fr72 said:
My US friends told me about this. I am 2013 EB2 PD and living in Canada for 3.5 years now. Here are some reasons it's not a big deal for me:

1. No guarantee that Filing Date will be honored next month.
2. No guarantee that my employer would have cooperated in downgrading
3. No guarantee the downgrade could have come through in a month
4. EAD is great, but its NOT a GC - you still need H1B to be safe, you need to renew periodically and not be jobless when renewing
5. Time spent on EAD doesn't get you any closer to citizenship (I want a 1st world passport to travel, EAD or even GC does not give me that). Such a passport is no use if I have to wait till age 45 to get and I feel too old and tired to travel.
6. Similar thing happened in 2007 and 2012 and date retrogressed...so people were stuck on EAD for almost a decade without getting GC...can happen again.
7. If I really want to go to US, I can since I already applied for citizenship in Canada and dont really need to live here to maintain RO anymore (barring exceptional circumstance where citizenship takes 3 yrs to process). I am still H1B cap exempt.
8. Unless FAD goes to 2013 and stays there for more than a year, I don't lose my PD...so no hurry to go back.
9. Even if FAD goes to 2013, my spouse's PD is in 2015, so I have another shot later.

I am happy for my friends in US, they (might) get something after spending a decade in US, some kind of partial stability.

Would I have moved to Canada had this happened 4 years ago? Answer for me is - yes. EAD is like a small bone thrown at me. Nothing short of full GC would have kept me in US. US immigration occasionally throws bones like these to Indians to keep giving hope only to dash them.
Click to expand...

even though you stress and say you aren't interested in US, i still feel your heart somewhere longs for US and most of the points your listed reflect that without your knowledge.
 
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I think it is good news. If your employer can agree to downgrading, you get one more backup option. Some people who get EADs will be less likely to consider applying for Canadian PR and then the CRS cutoffs may also drop a little.

Does anyone commute on AP (instead of H1B)?
 
fr72 said:
5. Time spent on EAD doesn't get you any closer to citizenship (I want a 1st world passport to travel, EAD or even GC does not give me that). Such a passport is no use if I have to wait till age 45 to get and I feel too old and tired to travel.
8. Unless FAD goes to 2013 and stays there for more than a year, I don't lose my PD...so no hurry to go back.
Click to expand...
5. Its true that its tiring after 40-45. I am tired filling DS160 for more than 15 years and filling any immigration forms and carrying documents for decades. I am already thinking to go back to India in few years after Canadian citizenship and every year it extends then the attractiveness of gc goes down. Possibly we have people who are fond of it and may be they are below 40 hence they cant agree as they dont know whats like at 45 and dealing with immigration but surely immigration should happen before 35-40 for someone to plan ahead. Getting passport after 50 is like accumulating some additional document that gives not much of value or not much of planning to use at fullest extent. Hopefully US will reform quota issue in the next presidency term to end this nightmare for the benefit of US.
8. You dont lose your priority date for 1 year from when it became current as far as i know. Even if you lose but you can just file labor freshly to get same PD, right, isnt it?
 
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Nick1233 said:
If it is working for you, go for it and renounce your PR.

Quite a few are stuck with employers who wouldn't downgrade. Why will the bottom line driven ones just away give freedom to their employees for nothing in return?

Not to mention, timing also matters. USCIS in a further visa bulletin update might just change to final action date for AOS applications. Haven't you heard of cases of folks missing it by few days and waiting for years?

My guess, a current PD for everyone and slow incremental updates for India in FA dates, will ensure not all of this overflow GCs will go Indians. Some of them will be consumed right away by other countries. There are already a bunch of videos in youtube for this targeting other countries. And the current AOS application allowed based on Filing dates, will generate additional revenue considering the fee increase in October 2020.

Unless and until USCIS publishes a live count of status in various buckets (including duplicate petitions), it will always be a question of timing. This is not rocket science and there is a reason this will never happen.

So roll your dice if you are feeling lucky.
Click to expand...

Even if USCIS goes back to FA dates in next bulletin, the current bulletin should be sufficient to give EADs to plenty of people. Lot of companies are allowing downgrading too. FAANG do allow it. Regardless of why this was done, it is going to help a lot of people and regardless of what someone says EAD gives sense of security for someone to permanently live in US.

Also there is very little chance of demand being in high from Rest Of the World countries due variety of factors such as schengen ban, consulate closures, and Pandemic itself. Particularly people from developed countries would show no interest to move this year or next year definitely. US as a country has generated lot of negative perception in Europe for covid cases and deaths, and many might postpone their move at least by one or two years until Pandemic settles down. That should make a strong difference in EB2 and EB3 ROW traditionally gets lot of visas through consular process (philippines, south Korea etc) and T proclamation, consulate closures should stop happening that too..

USCIS already has published the report for number of approved i140s by country, and if they are willing to process the spillover faithfully, current spillover should clear the backlog till 2014 very easily.. there are about 120k i140s till 2014 in both EB2 and EB3 combined for India, if you factor duplicates and dependents, the total backlog comes to 200k. There are 262k GCs flowing in and if you leave aside 60k for EB1, EB4, EB5 and ROW , India should get enough GCs to wipe out the backlog till 2014.

they've signalled their intent to do that by agreeing to honor filing dates. We need to wait and see to what extent they do. Even DOS clearly mentioned that they've moved dates after consulting with USCIS on their processing capacity as they want to avoid any retrogression type situations. They've also said that there's going to be rapid movement in upcoming bulletins.
 
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lampbreaker said:
I think it is good news. If your employer can agree to downgrading, you get one more backup option. Some people who get EADs will be less likely to consider applying for Canadian PR and then the CRS cutoffs may also drop a little.
Click to expand...
Yes, crs will drop and it would benefit the people inside(and outside) Canada who cant get high score as H1 candidates are mainly blocking the guys who are waiting inside.
 
Just a doubt.. when do you get EAD vs an actual green card?

my understanding is the uscis estimates 2015 Jan eb3 to be current by october2021. Thus they are advised to start filing. Wouldn’t this mean a green card by the end of next year for those folks?
 
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