Post 485-Filing

[JJGCJML]

drapnvalsad,

You need to call USCIS and inform them ASAP. Let your attorney also know about this...

[HR3012]

I set a remainder for today to open SR for EAD and this morning got CPO email for EAD & approval email for AP :)

[ThatIsAll]

We got both our EAD/AP approval messages today..now the wait begins for the date to reopen again. NSC is finally catching with Feb filers just around their FP date.

[Pundit Arjun]

Thanks Kanmani. Congratulations to others who got their EAD/AP approval

[benjiding]

Got EAD/AP approval email today, both for my wife and me. It is huge relief. Congrats to all those who got it today.

[crux123]

i received the EAD/AP combo card & also the i765 approval notice few days back. Can somebdy plz confirm if there is a separate approval notice for i131 , as I havent got that yet.

[benjiding]

i received the EAD/AP combo card & also the i765 approval notice few days back. Can somebdy plz confirm if there is a separate approval notice for i131 , as I havent got that yet.

Hi crux123,

Yes you will receive a separate email notice for I131.

[crux123]

Hi crux123,

Yes you will receive a separate email notice for I131.

Thanks. I was referring to the physical notice for 131 , just like the one for 765.
In case of travel would just the EAD card + i765 physical notice be sufficient

[JJGCJML]

Congratulations! Arjun, JJGCJML's Spouse, mbasense, HR3012,ThatIsAll on your EAD/AP approval .

Thanks Kanmani

[JJGCJML]

Thanks Kanmani. Congratulations to others who got their EAD/AP approval

Thanks Pundit Arjun

[mbasense]

Congratulations! Arjun, JJGCJML's Spouse, mbasense, HR3012,ThatIsAll on your EAD/AP approval .

thanks Kanmani and others :)

[anish5]

Thanks Kanmani. Congratulations to others who got their EAD/AP approval

Hi Vizard/Imdeng/Kanmani/sportsfan33/Spec and Guru's,

Please help me to book the flight ticket urgent after 4 years of waiting for my family.

We got (My self & Wife) EAD/AP approval email today and how long will I get physical EAD/AP Combo card to our hand eventhough USCIS said 30 days as per USCIS standard .CAn we expect before May 2nd?

Another question is it required to wait until physical copy of approval EAD/AP like I797 approval notice or can she travel without that and if i get it I will handover to wife when i go to india Around June .

Is it legal status when she is out side of the USA that Physical i797 approval notice to come to my home?

Please advise ASAP.

SC:NSC; PD:02/2009; RD:02/03/2012; FP Date:04/30/2012; EAD&AP:04/10/2012; GC DT
???

[anish5]

Hi Guru's,

Please help me to book the flight ticket urgent after 4 years of waiting for my family.

We got (My self & Wife) EAD/AP approval email today and how long will I get physical EAD/AP Combo card to our hand eventhough USCIS said 30 days as per USCIS standard .CAn we expect before May 2nd?

Another question is it required to wait until physical copy of approval EAD/AP like I797 approval notice or can she travel without that and if i get it I will handover to wife when i go to india Around June .

Is it legal status when she is out side of the USA that Physical i797 approval notice to come to my home?

Please advise ASAP.

SC:NSC; PD:02/2009; RD:02/03/2012; FP Date:04/30/2012; EAD&AP:04/10/2012; GC DT
???

[anish5]

anish
Normal delivery time is 3 - 10 days at the most. Keep an eye on the USPS post box or just give a word to your postman about the mail you are expecting to receive. I hear a lot of usps misplacement nowadays.

Thank you Kanmani for your reply.

please consider 2nd question ?

Another question is it required to wait until physical copy of approval EAD/AP like I797 approval notice or can she travel without that and if i get it I will handover to wife when i go to india Around June .

Is it legal status when she is out side of the USA that Physical i797 approval notice to come to my home?

[bieber]

anish5,
it won't take more than 4-5 business days in mail (I got it in 2 days)

[imdeng]

You should get EAD/AP by the end of this week. Look up the "post-485" thread for details about how to get tracking number for USPS Priority Mail etc. Best wait for actually travel until you have the card in hand. You can go ahead and block the tickets though. Congratulations on getting the EAD/AP - I know how much of a relief it is.

Hi Guru's,

Please help me to book the flight ticket urgent after 4 years of waiting for my family.

We got (My self & Wife) EAD/AP approval email today and how long will I get physical EAD/AP Combo card to our hand eventhough USCIS said 30 days as per USCIS standard .CAn we expect before May 2nd?

Another question is it required to wait until physical copy of approval EAD/AP like I797 approval notice or can she travel without that and if i get it I will handover to wife when i go to india Around June .

Is it legal status when she is out side of the USA that Physical i797 approval notice to come to my home?

Please advise ASAP.

SC:NSC; PD:02/2009; RD:02/03/2012; FP Date:04/30/2012; EAD&AP:04/10/2012; GC DT
???

[imdeng]

Anish - I have answered your question in the Prediction thread. Please avoid posting the same question, at the same time in multiple threads here.

[enigma]

Folks,

I got CPO and approval emails for my EAD and AP this morning:) However, there haven't been any updates to my spouse's EAD and AP cases yet. I am just wondering when I can expect my spouse's EAD/AP to be approved. For those who received EAD/AP approvals for self and spouse - did you receive the self and spouse approval emails in quick succession?

Thanks.

[JJGCJML]

Folks,

I got CPO and approval emails for my EAD and AP this morning:) However, there haven't been any updates to my spouse's EAD and AP cases yet. I am just wondering when I can expect my spouse's EAD/AP to be approved. For those who received EAD/AP approvals for self and spouse - did you receive the self and spouse approval emails in quick succession?

Thanks.

DOnt worry Buddy, My son got first. After a week I got. Again after another one week My spouse Got....

[JJGCJML]

anish5,
it won't take more than 4-5 business days in mail (I got it in 2 days)

Me too IN 2 days...

[enigma]

Thank you JJGCJML. I will keep looking out for those texts/emails :)


DOnt worry Buddy, My son got first. After a week I got. Again after another one week My spouse Got....

[dec2007]

Q and other friends

can you please answer these questions for me.

We filed amended i 140 along with 485 on Dec21, 2011. Today 140 got approved.

1. Is there a good chance they will adjudicate my 485 before dates retrogress from May?

2. I read somewhere that when we do concurrent filing (140 and 485), they will adjudicate at the same time when 140 gets approved. Is it true?

Thankyou for the help.

[imdeng]

My take is that any EB2I 485 approval is stuck until CO gets a better idea of things for Q4 0 until then nothing is happening. Also - if I recall the discussions here about processing protocols, in concurrent 140+485 filings, 485 does not get touched much until 140 is done. They are not worked on in parallel.

Q and other friends

can you please answer these questions for me.

We filed amended i 140 along with 485 on Dec21, 2011. Today 140 got approved.

1. Is there a good chance they will adjudicate my 485 before dates retrogress from May?

2. I read somewhere that when we do concurrent filing (140 and 485), they will adjudicate at the same time when 140 gets approved. Is it true?

Thankyou for the help.

[usernameisnotvalid]

I saw it on trackkit. Somebody with Feb-2009 PD got RFE for 485 yesterday and he/she is now able to check the app status online.

Thoughts?

[anish5]

You should get EAD/AP by the end of this week. Look up the "post-485" thread for details about how to get tracking number for USPS Priority Mail etc. Best wait for actually travel until you have the card in hand. You can go ahead and block the tickets though. Congratulations on getting the EAD/AP - I know how much of a relief it is.

Thanks you Imdeng for your answer.

I was searched almost 20 pages where post 485 thread how to get the USPS Traking number ? Can you help, Do you want me to call USCIS directly to get the trackit number?

Appriciate all your response!!!

[enigma]

imdeng - You were right on the money regarding the EAD/AP approval timeframe for NSC. I got my approvals in 64 days :) Have you received your EAD card yet? I am just curious because I am trying to gauge when I can expect to receive my cards. I got the approval emails for self and spouse on Wednesday, 4/11. And USCIS updated our 765 case status this morning stating that the cards have been mailed.


Thanks. It has been such a relief.

I think the norm so far has been a 1 year EAD. I certainly would not begrudge a 2 year one - but considering that the renewals are free and relatively hassle-free, I am okay with either.


Thanks. I am nearing 10 years in this country and my last H1B renewal experience was certainly interesting (they mistyped my employer name). Am glad to be done with that.



Thanks. I think the link between FP and EAD is co-incidence. In NSC, the 55 to 65 days time period for EAD approval seems to be holding and FP appointments are usually falling around that.


Thanks Kanmani.

[imdeng]

I received my cards yesterday. The rule of thumb is 2-3 days from the day your status goes to "mailed", depending upon how far you are from the mailing location.

imdeng - You were right on the money regarding the EAD/AP approval timeframe for NSC. I got my approvals in 64 days :) Have you received your EAD card yet? I am just curious because I am trying to gauge when I can expect to receive my cards. I got the approval emails for self and spouse on Wednesday, 4/11. And USCIS updated our 765 case status this morning stating that the cards have been mailed.

[imdeng]

Please see below the post by our resident Guru Nishant.

PS> The trick is to use the right search term. A search for "USPS" was effective in tracking down this post.

Thanks you Imdeng for your answer.

I was searched almost 20 pages where post 485 thread how to get the USPS Traking number ? Can you help, Do you want me to call USCIS directly to get the trackit number?

Appriciate all your response!!!


Tracking Numbers.

Guys, many of you asked this.

basically if your case status says mail picked by USPS, you directly call customer service, and say you need tracking number. They will verify your case status and redirect you to higher level officer who will verify your name, date of birth, address and provide you the USPS tracking number.

If your case status says card is ordered and should get within 30 days, the customer service person will ask you to wait for 30 days to be over, and depending on your luck may redirect you to higher level officer.

This is applicable only to "cards" , EAD/AP or Green card.

[enigma]

Thanks imdeng. It looks like I can expect my cards early to mid next week.


I received my cards yesterday. The rule of thumb is 2-3 days from the day your status goes to "mailed", depending upon how far you are from the mailing location.

[vizcard]

Has anyone seen a LUD change (for 485) since the visa bulletin released ? If yes, please note your PD in your response.

[mbasense]

My wife and I got our EADs recently. If she goes to work using her EAD, does it affect my H1B status. I have my H1B valid till mid 2013 , and was intending to hold on to it till then. Does my wife working on her EAD affect that?

[usernameisnotvalid]

No. It will not affect your H1B status.


My wife and I got our EADs recently. If she goes to work using her EAD, does it affect my H1B status. I have my H1B valid till mid 2013 , and was intending to hold on to it till then. Does my wife working on her EAD affect that?

[mbasense]

No. It will not affect your H1B status.

thanks usernameisnotvalid. I did not think so too, but there are too many rumors floating around..so just wanted to confirm, this EAD is kinda new unknown territory :)

[usernameisnotvalid]

Any Feb filer who is able to see his/her online status for 485? Anybody?

[pdfeb09]

Any Feb filer who is able to see his/her online status for 485? Anybody?

I don't see it yet.

[mbasense]

I don't see it yet.

i don't see it too

[suninphx]

Any Feb filer who is able to see his/her online status for 485? Anybody?

Seems TSC Feb filers are still facing this issue. NSC filers are able to track the cases from day 1. Atleast TSC is fast in terms of FP and EAD/AP.

[anish5]

You should get EAD/AP by the end of this week. Look up the "post-485" thread for details about how to get tracking number for USPS Priority Mail etc. Best wait for actually travel until you have the card in hand. You can go ahead and block the tickets though. Congratulations on getting the EAD/AP - I know how much of a relief it is.

Thank you very much Imdeng.

Hi Imdeng/Kanmani/Guru's,
We received both EAP/AP combo card and it says serve I-512 as adavnce payroll with one year validity and alreayd book the flight ticket on May 16th.

My question is after approval we receive one more EAD paper copy I-797 valid one year for both of us. but we dont recive any AP approved I-797 paper copy ? Is it mandatory to get the paper copy to travel out side of USA or combocard is enough ? When we saw online it says April 10th we mailed notice , can we receive or do I need concern anything here incase of POE issue? please advise!!! Hope your EAD/AP approed before me , Did you recive such papaer documents?

Waiting for your answer to do further steps!!!

[HR3012]

Yes Sir, its me who got the RFE :( , out of frustration I deleted that useless post :)

Kanmani, what is the RFE about?

[vizcard]

We ( Primary and Dependent) didn't receive it yet, online status shows RFE for initial evidence from yesterday evening.
Kanmani,
I don't have any updates on my case (from jan) but we did have our FPs done on the same day. Wonder what to make of that.

[vizcard]

Your RD is before mine, so your case might have passed Pre-adjudication with flying colors already.

I hope so. Although it would be nice to get some confirmation on that from them :) I suppose I can wait till May-end/ June to call and check status.

From a glass half-empty standpoint - our RDs are only 4 days apart and knowing the randomness about how they process cases, I wouldn't be surprised if they have skipped over mine.

[yesman]

Hi Guys,

I'm facing a really difficult decision to make and need your help. I'm filed for my 485 AOS in Jan 2012 (PD: Apr 2008) and awaiting a decision on it. My current job profile is that of a software engineer. Within the last month, the product management team (for the product I work on) in my company has nearly decimated and now is the best time as ever to apply for my dream job. If I miss this opportunity, I may have to wait for a couple of more years to get to this role in my company or elsewhere.

My company is usually good about taking care of any paperwork that may be required for such a transfer. But is there any possibility to do such a job profile change when my 485 is pending? Can I file for a new LC/140?

Also, I'd like to believe there's always the possibility my GC may get approved in a year's time. Is it possible to change my role right after I get approved. The idea is that if I can convince my company to keep me officially under my current role while I take up the PM role. But this would be possible only if I can make the switch as soon as I get the GC.

Please guys, I value all inputs you may have. Thanks!

[qesehmk]

yesman given ur situation - i think i wouldve applied for dream job now and ssuming selected would start it in late july when 180 days complete and ac21 kicks in.
Hi Guys,

I'm facing a really difficult decision to make and need your help. I'm filed for my 485 AOS in Jan 2012 (PD: Apr 2008) and awaiting a decision on it. My current job profile is that of a software engineer. Within the last month, the product management team (for the product I work on) in my company has nearly decimated and now is the best time as ever to apply for my dream job. If I miss this opportunity, I may have to wait for a couple of more years to get to this role in my company or elsewhere.

My company is usually good about taking care of any paperwork that may be required for such a transfer. But is there any possibility to do such a job profile change when my 485 is pending? Can I file for a new LC/140?

Also, I'd like to believe there's always the possibility my GC may get approved in a year's time. Is it possible to change my role right after I get approved. The idea is that if I can convince my company to keep me officially under my current role while I take up the PM role. But this would be possible only if I can make the switch as soon as I get the GC.

Please guys, I value all inputs you may have. Thanks!

[yesman]

yesman given ur situation - i think i wouldve applied for dream job now and ssuming selected would start it in late july when 180 days complete and ac21 kicks in.

Q, Thanks for the response. Does AC21 portability cover changing to a different job profile with the current employer?

[qesehmk]

Same or similar with any employer. So current employer is covered
Q, Thanks for the response. Does AC21 portability cover changing to a different job profile with the current employer?

[yesman]

Same or similar with any employer. So current employer is covered

I see. But I'm not sure if this my case will pass muster for even "similar". I'm currently in a software engineer's (design, develop and troubleshoot software) role and want to move to a "product manager" (identify market opportunities, interact with customers, define requirements and drive the vision for a software product)

So if my attorney thinks that it doesn't qualify as a "similar" job profile, what are my options? Can I make the switch as soon as I get my GC? Or, do I have to stick to the same profile for a while (6mo or 1yr) after getting the GC? Thanks again. Appreciate all the help!

[qesehmk]

to me what you described should qualify as "similar". If the lawyer differs, then the only other option (other than not do anything) is to really switch and file another PERM and capture PD from previous one.
I see. But I'm not sure if this my case will pass muster for even "similar". I'm currently in a software engineer's (design, develop and troubleshoot software) role and want to move to a "product manager" (identify market opportunities, interact with customers, define requirements and drive the vision for a software product)

So if my attorney thinks that it doesn't qualify as a "similar" job profile, what are my options? Can I make the switch as soon as I get my GC? Or, do I have to stick to the same profile for a while (6mo or 1yr) after getting the GC? Thanks again. Appreciate all the help!

[yesman]

to me what you described should qualify as "similar". If the lawyer differs, then the only other option (other than not do anything) is to really switch and file another PERM and capture PD from previous one.

Ok, that makes sense. What if my employer is OK with making the official job role switch after my GC is approved? Are there any restrictions on changing to a dissimilar role immediately after GC approval?

[qesehmk]

Yesman - you really cracked me there. So now your worry is - what happens after you get GC!! Take it easy ... people say 6 months after you can do whatever you like. But some (i think soggadu) have said that 6 months after 485 is filed you can switch wherever. Regardless - i really wouldn't worry about it given that your employer is ok with you. All the best!


Ok, that makes sense. What if my employer is OK with making the official job role switch after my GC is approved? Are there any restrictions on changing to a dissimilar role immediately after GC approval?

[yesman]

Yesman - you really cracked me there. So now your worry is - what happens after you get GC!! Take it easy ... people say 6 months after you can do whatever you like. But some (i think soggadu) have said that 6 months after 485 is filed you can switch wherever. Regardless - i really wouldn't worry about it given that your employer is ok with you. All the best!

Glad I could humor you :) But given that I've stayed at this role for 6 yrs without much of any progress in career, staying put for another year and a half does seems like eternity. I've decided to pursue the opportunity for now. Thanks for all your inputs!

[usernameisnotvalid]

So no status is good status :)


I hope so. Although it would be nice to get some confirmation on that from them :) I suppose I can wait till May-end/ June to call and check status.

From a glass half-empty standpoint - our RDs are only 4 days apart and knowing the randomness about how they process cases, I wouldn't be surprised if they have skipped over mine.

[vizcard]

So no status is good status :)

lol ... that's what it seems like....IF you see ppl with RDs ahead of u getting processed. Kanmani and I (and even you for that matter) are fairly close to each other in terms of RD. I'd be interested to see if ppl in 2nd or 3rd week of Feb getting some status change.

[gc2008]

My RD is Jan4th, FP done on Jan 26th and EAD/AP approved on Feb10th. Till today no updates. Do we really see any LUD changes when case is pre adjudicated?

[qesehmk]

Many of us know exactly where u r. Sorry if I was insensitive there.
Glad I could humor you :) But given that I've stayed at this role for 6 yrs without much of any progress in career, staying put for another year and a half does seems like eternity. I've decided to pursue the opportunity for now. Thanks for all your inputs!

[pdfeb09]

We ( Primary and Dependent) didn't receive it yet, online status shows RFE for initial evidence from yesterday evening.

It's a bummer .. hopefully it is something very easy to respond to .. keep us posted.
With the visible indication that they are working on your case though, I would take it as a positive sign... with the retrogression set in, it is not as bad a news ... just a hassle one could do without..

As you know, I am running a week or 2 behind your schedule.. so anything you share will help me immensely ..

[gc2008]

My RD is Jan4th, FP done on Jan 26th and EAD/AP approved on Feb10th. Till today no updates. Do we really see any LUD changes when case is pre adjudicated?

Gurus,
Please answer my question.

[vizcard]

Gurus,
Please answer my question.


My RD is Jan4th, FP done on Jan 26th and EAD/AP approved on Feb10th. Till today no updates. Do we really see any LUD changes when case is pre adjudicated?

I'm not sure if there is an LUD change. There really is no reason for a soft LUD change unless theres an intermediate step ie RFE. I know for a fact that there is no status change i.e. does not become "Approved".

Kanmani - did you have a soft LUD change when you got your RFE alert ?

[gc2008]

Thanks Vizcard.

Is it a good time for me to call USCIS to check about my status or should I wait for one more month before I call them? My SC is TSC.

[makmohan]

Kanmani, you should be able to track your I140. Was there any LUD on your 140?

[makmohan]

Kanmani and I (and even you for that matter) are fairly close to each other in terms of RD.

And me too..!

[usernameisnotvalid]

This is what they normally mention in their official receipt notices:

"we will notify you by mail, and show in our systems, when we make a decision on this case or if we need something from you"

[vhk2009]

Friends,

It has been 62 days(Recvd date: Feb 21; TSC) since filing and my EAD/AP is yet to be approved. I am happy that atleast my wife's EAD got approved around 2 weeks back. I know a lot of people who have filed in March have received approvals. Not sure what could be going on and if am worrying unnecessarily. May be I should sit tight and wait for the approval. Did call the FBI and was told that they sent the results to USCIS on the same day. Will greatly appreciate if the gurus can guide on my next steps..

Thanks

[mbasense]

Friends,

It has been 62 days(Recvd date: Feb 21; TSC) since filing and my EAD/AP is yet to be approved. I am happy that atleast my wife's EAD got approved around 2 weeks back.


Vhk2009, Did you call USCIS to get an update? they might be able to give you some info.

[vhk2009]

Vhk2009, Did you call USCIS to get an update? they might be able to give you some info.

mbasense - Thanks for your response. I have not tried calling USCIS. Was not sure if I could get more info by calling since my application is within the normal processing time(90 days). However will give it a shot.

[vizcard]

Thanks Vizcard.

Is it a good time for me to call USCIS to check about my status or should I wait for one more month before I call them? My SC is TSC.

You have to wait a min of 4 months (TSC processing time) before you can call and get something meaningful from them.

[mbasense]

mbasense - Thanks for your response. I have not tried calling USCIS. Was not sure if I could get more info by calling since my application is within the normal processing time(90 days). However will give it a shot.

vhk2009 : if you aren't seeing your case status online, then surely give them a call..

[usernameisnotvalid]

Let us shift gears and talk about SSA!

How much time are they taking in issuing an SSN? My spouse applied for one last week of March and when we inquired yesterday they said it is still pending at immigration !!

[GCKnowHow]

After my wife got EAD, she applied for SSN and it just took about 10 days.

[enigma]

Folks - My wife and I received our EAD cards last week. My wife was on H1 for a bit in the past and got her SSN through this stint. Do we have to do anything in regards to SSN, now that she has her EAD?


After my wife got EAD, she applied for SSN and it just took about 10 days.

[pdmay2008]

My RD is Jan4th, FP done on Jan 26th and EAD/AP approved on Feb10th. Till today no updates. Do we really see any LUD changes when case is pre adjudicated?

You can call them any time. I called them On April 18th. They have given me information that my case is pre-adjudicated as of April 5th 2012. Here is the conversation that I had.

Me: I would like to know what is the status of our cases(me and my wife)
L2 officer : Case is in processing
Me : I would like to know at what stage of processing like FP, Background check etc... L2 Officer : We have received your FP and background checks are done.
Me : What is the current status.
L2 Officer : As of April 5th 2012 your case is pre-adjudicated.
Me : What does that mean?
L2 Officer : As per the visa bulletin do you know if your country has visa numbers available for this month. (Looks like she is not aware of internal retrogression).
Me : As per April 2012 Bulletin VISA numbers should be available upto May 1 2010 for India.
L2 Officer : I am not quite sure. But we see pre-adjudicated status only when there are no visa numbers available for that country and category.
Me : So, when ever visa numbers are available we can see the decision for our case. L2 Officer : Yes.
Me : Thank you so much for the information.

Looks like I spoke to a very good L2 Officer. She is very polite and answering all my questions. Looks like she is not aware of internal retrogression.

[la_2002_ch]

Let us shift gears and talk about SSA!

How much time are they taking in issuing an SSN? My spouse applied for one last week of March and when we inquired yesterday they said it is still pending at immigration !!

We applied for my wife's SSN on Mar 12th and it got issued just last week (Apr 17th). We still haven't got the actual card in hand.

[la_2002_ch]

How did you persuade the L1 rep to transfer you to L2 officer? I have tried a couple of times (once last week and once yesterday), but the L1 rep says they cant transfer to L2, as its still within the processing time.



You can call them any time. I called them On April 18th. They have given me information that my case is pre-adjudicated as of April 5th 2012. Here is the conversation that I had.

Me: I would like to know what is the status of our cases(me and my wife)
L2 officer : Case is in processing
Me : I would like to know at what stage of processing like FP, Background check etc... L2 Officer : We have received your FP and background checks are done.
Me : What is the current status.
L2 Officer : As of April 5th 2012 your case is pre-adjudicated.
Me : What does that mean?
L2 Officer : As per the visa bulletin do you know if your country has visa numbers available for this month. (Looks like she is not aware of internal retrogression).
Me : As per April 2012 Bulletin VISA numbers should be available upto May 1 2010 for India.
L2 Officer : I am not quite sure. But we see pre-adjudicated status only when there are no visa numbers available for that country and category.
Me : So, when ever visa numbers are available we can see the decision for our case. L2 Officer : Yes.
Me : Thank you so much for the information.

Looks like I spoke to a very good L2 Officer. She is very polite and answering all my questions. Looks like she is not aware of internal retrogression.

[GCKnowHow]

You can call them any time. I called them On April 18th. They have given me information that my case is pre-adjudicated as of April 5th 2012. Here is the conversation that I had.

Did your LUD change?

[pdmay2008]

Did your LUD change?

No Changes in LUD for me.

I was able to talk to L2 couple of times. To get through L1, I always tell them People after my Priority date from the same service got their GC approved already. I would like to talk to L2 to see if they can give more information on my case. This worked out for me.

Kanmani,

I have updated my signature to show all the dates.

[GC-Utopic]

Guys need your inputs,

Jan filer, my wife received an RFE to prove status for 8 months. she entered on H4 and changed her status to H1 after 8 months. Now, they are asking for a copy of H4 or I94. she gave the I94 when she exited for stamping for H1, and no copies of I94 have been made. I am in the process of asking the H1 filing lawyer for any copies of H4 I 94.

All I have are the exit and entry stamps on passport.will that sufice? we had valid entry multiple times after that with 2 more stampings,,, according to 245 k, doesnt make sense for them to ask so far back,,,,

I dint realise that they would not issue an H4 when you first go for stamping after marriage,,,

[swathi]

@kanmani- did you get the RFE mail from USCIS.
I am a feb filer with PD nov 2009 . I received a text today about the RFE.

[swathi]

swathi,
No, not yet received, 7 days passed already, no sign of the RFE copy :(
What is your RD ? ND?

Rd is feb2nd feb and Nd is 7th feb

[Kanmani]

Guys need your inputs,

Jan filer, my wife received an RFE to prove status for 8 months. she entered on H4 and changed her status to H1 after 8 months. Now, they are asking for a copy of H4 or I94. she gave the I94 when she exited for stamping for H1, and no copies of I94 have been made. I am in the process of asking the H1 filing lawyer for any copies of H4 I 94.

All I have are the exit and entry stamps on passport.will that sufice? we had valid entry multiple times after that with 2 more stampings,,, according to 245 k, doesnt make sense for them to ask so far back,,,,

I dint realise that they would not issue an H4 when you first go for stamping after marriage,,,


245(K) is a rule which pardons certain EB based applicants who have committed certain status violations. 245(K) doesn't speak about the maximum lookback period for such violations, but comes into picture when there is a violation and a potential bar , the law exempts 3 or 10 years bar, in that case

"The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission"

So it is a common practice for the adjudicator to ask for all the I-94s' .

[makmohan]

245(K) is a rule which pardons certain EB based applicants who have committed certain status violations. 245(K) doesn't speak about the maximum lookback period for such violations, but comes into picture when there is a violation and a potential bar , the law exempts 3 or 10 years bar, in that case

"The adjudicator must only examine the period from the date of the alien’s last lawful admission to the United States and must not count violations that occurred before the alien’s last lawful admission"

So it is a common practice for the adjudicator to ask for all the I-94s' .

Did you guys make a reentry on H4 after that? Because in any case they are concerned about events after alien's "last lawful admission".

[makmohan]

makmohan,

This is not my RFE.

You asked me to check for our I-140 LUD, I replied you. Can you please comment on that ?

Kanmani, Sorry this question was intended for GC-Utopic.

I'm a Feb first week filer (like yourself) with PD Apr 2008. I haven't received any RFE yet and don't see my 140 LUD changed either. My 140 LUD is when I requested for 3-year H1 extension based on my I140. Do you think your 140 date also coincides with your last H* extension event based on your I140?

As my application is in the blackhole for nearby future, I am definitely interested in knowing whether my application is at least being pre-adjudicated (because USCIS can otherwise ask for any stupid document). As there is no way to know, question for Gurus is that, is change in 140 LUD (if it happens) an indicator that 485 is being pre-adjudicated?

[pdfeb09]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeeh...ation-faq.html

Thanks for keeping us posted on your RFE.

It doesn't look that bad. What kind of paperwork do they expect you to submit as a reason for late BC registration? Would a simple letter(notarized) from a parent (or someone present during your birth) be enough?

For Medicals, I guess, you would just have to visit the civil surgeon(same/different) again and get them done, right?

PS: The link you posted does not work. Could you please post it again? Is it This(FAQ) (http://www.cdc.gov/immigrantrefugeehealth/exams/medical-examination-faqs.html) OR This (Tech. Instructions) (http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html) ?

[suninphx]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeeh...ation-faq.html

Thanks for posting details.

Like many other things, this also seem to be at officers discretion. Otherwise we would have seen many people getting RFE for those vaccinations. I can give you another example.. sometime back there was discussion on this forum about I485 photo with or w/o glasses. I remember Teddy replied saying w/o glasses (based on his experience). Now I have two of my friends whose pic were taken WITH with glasses during FP. When one of my friend specifically asked if he has to take glaasees off, the officer replied 'we know how to take pictures without glare'. So there you go

[venkat]

Sorry to hear about your RFE...All the best...
My wife's BC was registered late but so far no RFE has been received.. We submitted her 10th certificate+affidavit from both her parents as supporting documents in addition to the BC.

My application was filed on 1/30 and my PD is June 2008


Sun, you are correct. It shows how smart/informative the officer is !!!!!. These new requirements for vaccines are not given in the appropriate uscis page . But the RFE clearly mentions the rule number and effective date with age requriement etc ..etc.

Overall its pure luck to get a straight approval which i couldn't get it at least once :)

[ThatIsAll]

RFE copy received . BC late registration reasons + Medicals



Kanmani, we got RFE text today. Looks like another wait and then scramble for more documents saying the same will start soon. This BC related RFEs are so vague, don't know what else to provide as supporting documents. All the Best for your RFE reply

[anish5]

RFE copy received . BC late registration reasons + Medicals

Important things to be noted is that the wordings in the RFE with respect to our medicals prepared by the CS . The Officer condemns the civil surgeon for not being up to date as he has marked some vaccines which were introduced after Dec 2009 as age inappropriate. For example Hep A, Meningococcal disease, Pneumococcal disease must be administered between ages 19-42.

This is the link we are directed to refer to for the updated information http://www.cdc.gov/immigrantrefugeehealth/laws-regs/vaccination-immigration/revised-vaccination-immigration-faq.html

Hi Kanmani/Guru's,

We (My self/wife) just pop up I-485 RFE in SMS , How long take time to get physical notice and is it going to get Attorney or my home (Got EAD/AP/FInger prints came to my home directly) .
Also what type of RFE , any idea ? what is the response time, I already booked the flight ticket , can I travel using AP or can we respond after came to USA?

Please advise!!!

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS


Your Case Status: Request for Evidence


On April 26, 2012, we mailed a notice requesting additional evidence or information in this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service

[manzoorraza]

Kanmani,

Good luck on your RFE...the bright side is that atleast your application has been looked into and once you respond to the RFE you would know that you are sitting preadjudicated and will get the GC as soon as a visa number is available.

A quick question for you (not sure whether you or someone else mentioned this earlier or not)....Did you see any LUD change on your 140 status on USCIS website after getting the RFE? I am not sure how it works but seems like some people are seeing changes there while their applications are being preadjudicated?

Thanks



Thank you.


Anish,

It takes at least a week to receive the physical copy. Original RFE goes to the applicant with a CC to the Attorney. In our case the response time is 87 days from the notice date of the RFE.

Please respond to the RFE before starting a vacation.

[anish5]

Thank you.


Anish,

It takes at least a week to receive the physical copy. Original RFE goes to the applicant with a CC to the Attorney. In our case the response time is 87 days from the notice date of the RFE.

Please respond to the RFE before starting a vacation.

Thank you Kanmani for your responnse. I will update you once get the RFE notice in hand.
The dates are retro but we are getting RFE means they are touching our cases to Preadjudicate now ?

[Sirisha]

Sun, you are correct. It shows how smart/informative the officer is !!!!!. These new requirements for vaccines are not given in the appropriate uscis page . But the RFE clearly mentions the rule number and effective date with age requriement etc ..etc.

Overall its pure luck to get a straight approval which i couldn't get it at least once :)

Hi Kanmani,

Me and my husband got the same RFE, you can see it here http://www.qesehmk.org/forums/showthread.php?238-Post-485-Filing&p=25618#post25618

So we went to the doctor, and the doctor was hesitated to give us the vaccines, bust she gave us when we said it's for our immigration.

[Kanmani]

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

[usernameisnotvalid]

Today I called USCIS and did not enter my receipt number so got connected to first officer (L1?) who after getting some information connected me to another one (L2). He verified some information: address, dob etc and then I asked what is the status of my application. He said it is 'in process'. I don't know what does that mean? I asked him is it pre-adjudicated and again he said it is "in process" and nothing is wrong with it. I don't know to make out of that.

[Oranguttan]

This blog has been an eyeopener for us worked about our status.
I am wondering why there has been no changes in our I485 case status, it still reads under initial review. What do we do? Is it time to call?

EB2 | TSC |PD:August 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[gc0907]

I think people usually go to the same doctor. Also I read someone had Flu related RFE and the doctore didn't charge them for the visit.

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

[gc0907]

usernameisnotvalid,

Those are pretty staightfoward and mostly give information what that have. So "in process" I would take it as "in queue". Once the file is picked-up either it would be pre-adjudicated or if needed RFE.


Today I called USCIS and did not enter my receipt number so got connected to first officer (L1?) who after getting some information connected me to another one (L2). He verified some information: address, dob etc and then I asked what is the status of my application. He said it is 'in process'. I don't know what does that mean? I asked him is it pre-adjudicated and again he said it is "in process" and nothing is wrong with it. I don't know to make out of that.

Oranguttan,
That's normal. My case remained in that status all time and one day I got CPO email and status jumped to PostDecision :).


This blog has been an eyeopener for us worked about our status.
I am wondering why there has been no changes in our I485 case status, it still reads under initial review. What do we do? Is it time to call?

EB2 | TSC |PD:August 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[Oranguttan]

Thank you for the reply. Just wondering if there are any november filers left without any change in there 'under initial review' status. Getting a little bit worried since TSC has started giving green card intimations to February filers as read from the above blog entries. At this point I would wish for an RFE at least just to know at least our case is in review. Is it time to call?

EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

[kumar19]

Thank you for the reply. Just wondering if there are any november filers left without any change in there 'under initial review' status. Getting a little bit worried since TSC has started giving green card intimations to February filers as read from the above blog entries. At this point I would wish for an RFE at least just to know at least our case is in review. Is it time to call?

EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?

myself. my PD is 07/31/2007. RD is 11/30/2011. Still no update on my case. called several times and got the same response " in review". they didnt even confirm or want to explain if it is preadjudicated or not.

[Sirisha]

Sirisha, Thank you for the information. Did you redo the medicals with the same doctor or with a different doctor ?

We went to the same doctor and she didn't charge us

[username1]

I do not see my Case status in USCIS. SRC129017****. This is for TSC. I have checked case status for people above my numbers and below my numbers and almost all of them are visible. My PD is Aug 2009 and my Application and ND is Feb 24, 12. A couple of weeks ago you could not see anything updated near these numbers and now you can see everything. Do you think calling USCIS will help? Does this mean anything?

[username1]

I did not see any activity on this post yet, however I saw activity on USCIS website today. The EAD shows card production.

[usernameisnotvalid]

It seems TSC online status for all cases are available now.

[zenmaster]

It seems TSC online status for all cases are available now.

thanks for the update username :)
I am able to check status from today onwards ....

[pdfeb09]

I was not able to check mine until Today .. Now my and my wife's 485 Receipts show "Initial Acceptance".

[makmohan]

My 485 receipts can be tracked from today as well (feb 3rd filer, PD Aug 2008).

- Makmohan

[makmohan]

Another quick question: is there any way to know that our fingerprinting has reached USCIS and has got accepted?

[pdfeb09]

Another quick question: is there any way to know that our fingerprinting has reached USCIS and has got accepted?

My assumption in this case is "No News is a Good News" :). Would you not get an RFE otherwise?

[gc0907]

There's a number you can call. It's there somewhere in this thread.


Another quick question: is there any way to know that our fingerprinting has reached USCIS and has got accepted?


My assumption in this case is "No News is a Good News" :). Would you not get an RFE otherwise?

[HR3012]

Anyone who responded to the RFE see the status changed from "Request for Evidence Response Review"? I am curious to know to what status it goes to.

[Kanmani]

Anyone who responded to the RFE see the status changed from "Request for Evidence Response Review"? I am curious to know to what status it goes to.

No, it hasn't changed after RERR.

[TeddyKoochu]

And the good news: On May 11th 2012, a new member was born into our family and we have named her Khushi, which means "happiness".:cool:

Many congratulations to you and your wife, Khushi will always fill your life with happiness.


Anyone who responded to the RFE see the status changed from "Request for Evidence Response Review"? I am curious to know to what status it goes to.

Yes the status would normally change in 2 weeks time to "Request for Evidence Response Review".

[HR3012]

Many congratulations to you and your wife, Khushi will always fill your life with happiness.

Yes the status would normally change in 2 weeks time to "Request for Evidence Response Review".

Congratulations Self Coach!

Teddy, I would like to know if anyone's status changed from "Request for Evidence Response Review" lately (after 03/23/2012).

[TeddyKoochu]

Teddy, I would like to know if anyone's status changed from "Request for Evidence Response Review" lately (after 03/23/2012).

On Trackitt few people have mentioned that their status did change to response review. Since you are well past the time window I would suggest that you call the USCIS 1800 # and see what they have to say. However nothing to worry though you are all set once your response reaches them.

[suninphx]

On Trackitt few people have mentioned that their status did change to response review. Since you are well past the time window I would suggest that you call the USCIS 1800 # and see what they have to say. However nothing to worry though you are all set once your response reaches them.

T- I guess status has already changed to 'RRR"....he is trying to figure out if it changed further to other status like 'initial review' etc. for any one else

[TeddyKoochu]

T- I guess status has already changed to 'RRR"....he is trying to figure out if it changed further to other status like 'initial review' etc. for any one else

Sun I believe he is looking for "Request for Evidence Response Review" his response was received on 04/26 this status is "Request for Evidence Response Received". The status as far as I know has not gone to initial review for anyone.

[gc2008]

Gurus,
Please respond. Just my case status for 485 got updated. My Receipt date was Jan 4,2012, finger printing was done on 26Jan 2012 and Last updated date till while ago was Jan7, 2012. The status was initial review. Now my case status got updated and status went back to Acceptance from Initial review.
Is this normal. Am I be worried of anything?

[HR3012]

My wife's 485 status also changed from Initial Review to Acceptance today, mine is still "Request for Evidence Response Review".

[GCKnowHow]

Few minutes back I got SMS that there was update to my case status. I checked and the LUD is Jun 07 and the status changed back to "Acceptance". It was initial review. How can it go back? Anyone with similar situation.

[vizcard]

Gurus,
Please respond. Just my case status for 485 got updated. My Receipt date was Jan 4,2012, finger printing was done on 26Jan 2012 and Last updated date till while ago was Jan7, 2012. The status was initial review. Now my case status got updated and status went back to Acceptance from Initial review.
Is this normal. Am I be worried of anything?

I just got the same text message today - went from Initial Review to Acceptance. I called the National Service Center helpdesk and they said that Initial Review and Acceptance are essentially the same thing. They also said that they were processing cases from Nov 2011 now (which is BS). It either means that they are doing a system overhaul ot make sure all receipt numbers are in the system (since a lot of Feb cases were not) OR that they did the intial review and pre-adjudicated but no FINAL decision has been made. Bottom line is nothing to worry about.

Also to be clear - Preadjudicated means that it is approved FOR NOW. When you do get current, they will probably review it again and if needed "issue an RFE" or "make a final accept / reject decision".

[ontheedge]

Few minutes back I got SMS that there was update to my case status. I checked and the LUD is Jun 07 and the status changed back to "Acceptance". It was initial review. How can it go back? Anyone with similar situation.

Same thing happened to us. SMS/Email with details about Fingerprinting Fee (!) and online status changed to 'Acceptance' from 'Initial Review'.

[reachme_s]

I was not able to check mine until Today .. Now my and my wife's 485 Receipts show "Initial Acceptance".

pdfeb09 - is it 'Initial acceptance' or 'Acceptance'??

[qesehmk]

Vizcard - Processing in this could possibly only mean a basic check for completeness of documentation and entering everything in the system. The preadjudication will happen over time.


They also said that they were processing cases from Nov 2011 now (which is BS). It either means that they are doing a system overhaul ot make sure all receipt numbers are in the system (since a lot of Feb cases were not) OR that they did the intial review and pre-adjudicated but no FINAL decision has been made.

[bieber]

Gurus,
Please respond. Just my case status for 485 got updated. My Receipt date was Jan 4,2012, finger printing was done on 26Jan 2012 and Last updated date till while ago was Jan7, 2012. The status was initial review. Now my case status got updated and status went back to Acceptance from Initial review.
Is this normal. Am I be worried of anything?

any change in LUD?

[gc2008]

Yes, LUD changed from Jan 07, 2012 to Jun 07, 2012

[RMS_V13]

Funny the prev poster also mentioned the status change

We moved homes and sent to the lawyers the new address yesterday. Today our status has changed from initial review (been that way since jan 21)
To acceptance. The mag says that they have sent an FP notice yada yada

Does this have to do with add change or something else?

[vizcard]

Funny the prev poster also mentioned the status change

We moved homes and sent to the lawyers the new address yesterday. Today our status has changed from initial review (been that way since jan 21)
To acceptance. The mag says that they have sent an FP notice yada yada

Does this have to do with add change or something else?

No. A lot of ppl have got this today. Judging by the activity, I think this is a "system overhaul".

[gc2008]

No. A lot of ppl have got this today. Judging by the activity, I think this is a "system overhaul".

If it is system overhaul, then all Jan filers should get the updates right? Then how come some have not got updates.

http://www.trackitt.com/usa-discussion-forums/i485-eb/875517315/i-485-current-in-january-2012-gathering/page/last_page

I didnt receive any updates on our case.
My PD is MARCH 26TH,2008
Received Date: Jan 9th 2012
EAD and AP Approved.
FP Done.
RFE Received for BC on March 23th.
Case is in RFE Response Review status since March 30th 2012.

[sreddy]

I got it too. I too believe some small change in their database for all those applied back Jan. Don't believe any significance to that message we received today.


No. A lot of ppl have got this today. Judging by the activity, I think this is a "system overhaul".

[vizcard]

If it is system overhaul, then all Jan filers should get the updates right? Then how come some have not got updates.

http://www.trackitt.com/usa-discussion-forums/i485-eb/875517315/i-485-current-in-january-2012-gathering/page/last_page

I didnt receive any updates on our case.
My PD is MARCH 26TH,2008
Received Date: Jan 9th 2012
EAD and AP Approved.
FP Done.
RFE Received for BC on March 23th.
Case is in RFE Response Review status since March 30th 2012.

No idea. That was just speculative. Its just strange that so many ppl got this on the same day.

[TeddyKoochu]

Friends this week a very large number of people have posted that their cases went from Initial review to Acceptance.

In 2011 the inventory and demand data figures were quite close note that the demand data also includes CP cases.

I believe in light of the mass update in status the EB2 I/C cases have been kept in cold storage for sometime as if we go by literal meaning Initial review should follow acceptance, changing the status back to acceptance may indicate that they do not want to review the cases now. This is just my own hypothesis and I may be wrong. Right now USCIS is focusing on EB2 ROW and EB1 cases and hopefully by Oct 2012 they will have the backlog for these categories to the normal range.

The current backlog however absolutely cannot be less than the inventory. I do hope that they would be removing the approved cases from the Inventory, the next inventory would definitely clear the air about year 2009 and 2010 my own judgment has been that inventory for these years will rise as it was a WIP situation when the inventory was released last time.

From Trackitt Approvals Primary EB2 ROW cases.
FY 2011 Primary Cases - 507
FY 2011 Primary Cases (Oct to May) - 324
FY 2012 Primary Cases (Oct to May) – 315

This indicates that ROW approvals are coming at exactly the same rate as last year till now. Last year the Aug and Sep bulletins were mild to disappointing for EB2 I/C and this time they are ‘U’. The numbers show that ROW approvals were higher in the last months (Even at that time there were talks of huge EB2 ROW and EB1 demand) this time the question is how far EB2 I/C have crosses the haloed lines. I personally believe that EB2 ROW will not retrogress because they will still get some numbers from EB1 and EB5. Let’s wait and watch the VB should be out very soon.

[gc2008]

Friends this week a very large number of people have posted that their cases went from Initial review to Acceptance.

In 2011 the inventory and demand data figures were quite close note that the demand data also includes CP cases.

I believe in light of the mass update in status the EB2 I/C cases have been kept in cold storage for sometime as if we go by literal meaning Initial review should follow acceptance, changing the status back to acceptance may indicate that they do not want to review the cases now. This is just my own hypothesis and I may be wrong. Right now USCIS is focusing on EB2 ROW and EB1 cases and hopefully by Oct 2012 they will have the backlog for these categories to the normal range.

The current backlog however absolutely cannot be less than the inventory. I do hope that they would be removing the approved cases from the Inventory, the next inventory would definitely clear the air about year 2009 and 2010 my own judgment has been that inventory for these years will rise as it was a WIP situation when the inventory was released last time.

From Trackitt Approvals Primary EB2 ROW cases.
FY 2011 Primary Cases - 507
FY 2011 Primary Cases (Oct to May) - 324
FY 2012 Primary Cases (Oct to May) – 315

This indicates that ROW approvals are coming at exactly the same rate as last year till now. Last year the Aug and Sep bulletins were mild to disappointing for EB2 I/C and this time they are ‘U’. The numbers show that ROW approvals were higher in the last months (Even at that time there were talks of huge EB2 ROW and EB1 demand) this time the question is how far EB2 I/C have crosses the haloed lines. I personally believe that EB2 ROW will not retrogress because they will still get some numbers from EB1 and EB5. Let’s wait and watch the VB should be out very soon.

Teddy,
You mean USCIS will put on complete hold on all EB2I/C until the dates get current? If so, is it not contradicting of what USCIS mentioned earlier about pre adjudication? They did mention that they continue processing all pending applications even if dates are not current and then store the processed (pre adjudicated) cases until visa number is available.

[suninphx]

Friends this week a very large number of people have posted that their cases went from Initial review to Acceptance.

In 2011 the inventory and demand data figures were quite close note that the demand data also includes CP cases.

I believe in light of the mass update in status the EB2 I/C cases have been kept in cold storage for sometime as if we go by literal meaning Initial review should follow acceptance, changing the status back to acceptance may indicate that they do not want to review the cases now. This is just my own hypothesis and I may be wrong. Right now USCIS is focusing on EB2 ROW and EB1 cases and hopefully by Oct 2012 they will have the backlog for these categories to the normal range.



Looking at number of RFEs Jan/Feb filers are getting and in light of increased EB2IC number in demand data compared to previous month's demand data...I guess USCIS is actively working on EB2IC cases too.

And BTW that mass status update was only for TSC filers AFAIK.

[qesehmk]

I personally believe that EB2 ROW will not retrogress because they will still get some numbers from EB1 and EB5. Let’s wait and watch the VB should be out very soon.

Teddy - agree with you on this one. Looking at the Labor data that KD posted above. It looks like EB2ROWMP total 2012 demand will come in between 18K-24K. EB2IC has probably received 22K max including PWMB. So if the total SOFAD from EB1/4/5 if stays at 27K (same as last year) then EB2IC could still get at least 21K more between now and Sep 2012.

Now the million dollar question is - will the 27K will really materialize. That depends on how EB1 and EB4/5 behave. Spec already proved that max EB5 will give is 4K. As per EB4, it may give between 0-4. For EB1 we can think about 0-15. So even if we take the middle road that's 11K in total. Of that 11K, even if 6K goes to ROW, then EB1IC will still get additional 5K thereby moving dates into mid Jan 2008. So I think Jan is realistic. Apr 2008 is optimistic based on the latest labor data.

[TeddyKoochu]

Teddy,
You mean USCIS will put on complete hold on all EB2I/C until the dates get current? If so, is it not contradicting of what USCIS mentioned earlier about pre adjudication? They did mention that they continue processing all pending applications even if dates are not current and then store the processed (pre adjudicated) cases until visa number is available.


Looking at number of RFEs Jan/Feb filers are getting and in light of increased EB2IC number in demand data compared to previous month's demand data...I guess USCIS is actively working on EB2IC cases too.

Guys I believe they are working on some of the cases RFE's are a clear indication, the status change reported by a very large number of people indicates that their cases have probably been kept on cold storage at least for a few months. The demand data should have grown at a faster rate its still very far from the inventory. Sun good observation that its mostly TSC they are far behind NSC with regards 485.

[Pedro Gonzales]

Yeah, i got the same update yesterday.

[gc2008]

Looking at number of RFEs Jan/Feb filers are getting and in light of increased EB2IC number in demand data compared to previous month's demand data...I guess USCIS is actively working on EB2IC cases too.

And BTW that mass status update was only for TSC filers AFAIK.

This mass update has happened to Jan TSC filers only. Nothing sort of this happened to any other month filers including NSC jan filers.

I also want to add one more thing not all Jan TSC filers had this update. I did check some cases around mine and found that some cases were untouched.

[suninphx]

Guys I believe they are working on some of the cases RFE's are a clear indication, the status change reported by a very large number of people indicates that their cases have probably been kept on cold storage at least for a few months. The demand data should have grown at a faster rate its still very far from the inventory. Sun good observation that its mostly TSC they are far behind NSC with regards 485.

Teddy-

I disagree.

First , NSC filers never got 'Intial Review' status....they were/are 'Acceptance' status from day 1.

Second, TSC Feb filers were not able to track caes until some action in taken(e.g. RFE etc). For TSC Jan filers status was 'initial review' and that has gone back (?) to 'Acceptance'... So would not be reading too much into this status update.

Anyway given the dates have retrogressed, this is not very important topic for now. So this is my last on the topic.

[murali83]

Gurus here,

What does it mean, if a case has always been in acceptance stage (fingerprint fee accepted), never went to initial review. Does it mean that the case has not been touched at all. This is a TSC case.

[TeddyKoochu]

Teddy-

I disagree.

First , NSC filers never got 'Intial Review' status....they were/are 'Acceptance' status from day 1.

Second, TSC Feb filers were not able to track caes until some action in taken(e.g. RFE etc). For TSC Jan filers status was 'initial review' and that has gone back (?) to 'Acceptance'... So would not be reading too much into this status update.

Anyway given the dates have retrogressed, this is not very important topic for now. So this is my last on the topic.

Sun thanks for pointing out I was not aware that NSC the initial status is acceptance. My hypothesis as I have said could be wrong but the demand data is not growing at the pace it should have assuming they are working at the same pace on EB2 I/C cases when cases were being approved left and right. Let’s see how best the inventory and demand data correlate as time progresses.

[suninphx]

Sun thanks for pointing out I was not aware that NSC the initial status is acceptance. My hypothesis as I have said could be wrong but the demand data is not growing at the pace it should have assuming they are working at the same pace on EB2 I/C cases when cases were being approved left and right. Let’s see how best the inventory and demand data correlate as time progresses.

T-

Agree- main concern would be if cases are being worked at with 'required' pace and most importantly how invetory corelates to demand data in coming months.

[eb2visa]

Just want to share info:

One of my friends wife got her GC today. She got the RFE for her vaccines. Hers is 2007 Aug priority

Another ones wife whose Priority date in sometime in 2009 got RFE. I think they are trying to pre-adjudicate all the cases.

[tackle]

This mass update has happened to Jan TSC filers only. Nothing sort of this happened to any other month filers including NSC jan filers.

I just got sms notifications and our 485 applications went back to Acceptance (after being in Initial Review for 7 months).

[sreddy]

Many of us got it too, mostly those submitted their papers in Jan. May be that is an indication that they are trying to process and keep them ready. If we see good number of RFEs in the next few days will indicate they are pre-processing 485 applications.


I just got sms notifications and our 485 applications went back to Acceptance (after being in Initial Review for 7 months).

[kumar19]

Hi,

Just checking..I also got sms notification stating my 485 status went back to acceptance status. It was "initial review" since 12/05/2011.I am hoping this doesn't mean any bad news or more waiting after all of this. my PD is 07/31/2007 EB2I.

[username]

I also received update msg of Acceptance today.

It seems to me all who have filed 485 at TSC (betw Sep/2011 - March/2012) and haven't received GC are getting (or going to get) Acceptance update msg from USCIS. My be USCIS started reviewing pending 485 application again.


Many of us got it too, mostly those submitted their papers in Jan. May be that is an indication that they are trying to process and keep them ready. If we see good number of RFEs in the next few days will indicate they are pre-processing 485 applications.

[soggadu]

Same here... My EAD was approved in Jan 2012 but i got the message again saying "Your Case Status: Post Decision Activity

we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice"

[TeddyKoochu]

Same here... My EAD was approved in Jan 2012 but i got the message again saying "Your Case Status: Post Decision Activity

we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice"

soggadu bhai even I got the same the LUD of EAD / AP for both self and spouse wee updated. Iam not sure what is happening though, probably these were flagged as redundant considering that 485's are approved now. Good to know though that other’s having also received them though.

[TeddyKoochu]

I just got sms notifications and our 485 applications went back to Acceptance (after being in Initial Review for 7 months).

Tackle good to see you after a long time. Many folks have reported receiving status change from Initial Review to Accepted. Quite literally this means the status going back though. This maybe just my own hypothesis but probably initial review shows in the officers work queue but accepted may not and considering the dates are unavailable they are doing it. If however Accepted means pre-adjudicated which is less likely considering the literal meaning then it’s great news. We did discuss this topic late last week.

[benjiding]

Received an RFE:
You did not properly complete Part 3, section C of your Form I-485 application. Therefor, submit an affidavit listing you present and past membership in, or affiliation with, every political organization, association, fund, foundation, party, club, society, or similar group in the United States or any other place since your 16th birthday. Include the name, location and purpose of each organization and your dates of membership. Your affidavit should also include any foreign military service. If none, state "none" in your affidavit.


Gurus please help me reply this RFE. What should be the format of the response and do I need to get it notarized?

[drapnvalsad]

I also got same LUD. finally i called USCIS. they said may be computer problem. after that i didn't get anything.

Same here... My EAD was approved in Jan 2012 but i got the message again saying "Your Case Status: Post Decision Activity

we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice"

[psuresh412]

I got the following update this morning, before It was in RFE review status from May 2.

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Initial Review
On June 13, 2012, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to another office for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.
If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
If you have questions or concerns about your application or the case status results

listed above, or if you have not received a decision from USCIS within the current

processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

[GC123456]

Dear p suresh 412

I got the same email too, did you get any notification in mail

we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to another office for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

[psuresh412]

I got the mail yesterday, my file is transfered to MO USCIS office.
Yesterday i got Email again saying transferred and is now being processed at a USCIS office. You will be notified by mail when a decision is made.

[yank]

Gurus-

How CIS is going to address EAD/AP renewal as they have issued it for a 1 yr? Is it going to be a automatic renewal as most likely visa's are not to be available and CIS had issued the EAD/AP for 1 yr instead of 2 yr? or Do we need to initiate the process?

Please share the documents required for the renewal.

[gc0907]

It is not automatic. You will have to apply for renewal yourself.

Gurus-

How CIS is going to address EAD/AP renewal as they have issued it for a 1 yr? Is it going to be a automatic renewal as most likely visa's are not to be available and CIS had issued the EAD/AP for 1 yr instead of 2 yr? or Do we need to initiate the process?

Please share the documents required for the renewal.

[Pundit Arjun]

Hi Folks,

I don't see any soft/hard LUD update since the 485 receipt notice date.
Its been almost 5 months now.

Can I assume that my dependents and I have been pre adjudicated ?

If so, this gives us peace of mind. I will be traveling in couple of weeks and I am worried of an RFE during my trip overseas (Will be returning back after 7 weeks).
Please share your thoughts!!!

[usernameisnotvalid]

Same here but I would say that is a very big assumption to make! We could be wrong :-) Ideally there should be a status called 'Pre-Adj' but..


Hi Folks,

I don't see any soft/hard LUD update since the 485 receipt notice date.
Its been almost 5 months now.

Can I assume that my dependents and I have been pre adjudicated ?

If so, this gives us peace of mind. I will be traveling in couple of weeks and I am worried of an RFE during my trip overseas (Will be returning back after 7 weeks).
Please share your thoughts!!!

[reachme_s]

Has the status changed for any of the Feb filers' from 'Acceptance' to anything else?


Same here but I would say that is a very big assumption to make! We could be wrong :-) Ideally there should be a status called 'Pre-Adj' but..

[suninphx]

Has anyone already invoked/planning to invoke AC21? Is it mandatory to let USCIS know about the move? Also job duties on PERM and EVL from new employer (do they need to match?) or as long as job code matches we are good?

[longgcque]

Sun, I have same question, planning to switch shortly on EAD. How do you find out the job code ? How do we make sure we are same/similar occupation compliant ?

Thoughts ..


Has anyone already invoked/planning to invoke AC21? Is it mandatory to let USCIS know about the move? Also job duties on PERM and EVL from new employer (do they need to match?) or as long as job code matches we are good?

[suninphx]

If you know the PERM case number you can find out the code under which your case was filed. There are some sites which give you the details ( except the job duties). May be try this site http://www.visasquare.com

Alternatively you can download the corresponding years data from DOL website and search for your case number.

[longgcque]

Sun, I have copy of my perm and SOC code reads like "15-1031.00". My question is - how do we make sure new job offer falls in same/similar occupation... there would be many of us who would have changed jobs after 180 days. How do we make sure new job offer falls in same/similar occupation ?


If you know the PERM case number you can find out the code under which your case was filed. There are some sites which give you the details ( except the job duties). Try this site http://www.visasquare.com

[suninphx]

Sun, I have copy of my perm and SOC code reads like "15-1031.00". My question is - how do we make sure new job offer falls in same/similar occupation... there would be many of us who would have changed jobs after 180 days. How do we make sure new job offer falls in same/similar occupation ?

Ok. My understanding would be attorney should be able to guide us. Lets wait to hear from people who already have taken this path. BTW here is some interesting post from trackitt:

http://www.trackitt.com/usa-discussion-forums/i485-eb/1026536265/ac21-and-job-change/page/last_page

[harapatta2012]

Guys I have general questions about RFE and sorry if they have been already answered back, but I didnt see any.

I applied I485 (EB2 India) in Jan 2012. I only got EAD/AP and AOS is pending. I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'


-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again ?How would I know if RFE was good enough?
-If my application become pre-adjudicated, How wuld I know? What could status change to online once RFE has been approved/cleared and I485 awaits avaialibity of visa number?
-Is there any possibility visa number was assigned to my case early in feb/march or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.


If I use AC21,is it same now as would have been without RFE?
In RFE, They asked me about Employment verification letter. Wud that mean they wuld unlikely ask another one now in case of AC21 RFE if any?

[vizcard]

There is a RFE thread but I'll answer your questions here.


Guys I have general questions about RFE and sorry if they have been already answered back, but I didnt see any.

I applied I485 (EB2 India) in Jan 2012. I only got EAD/AP and AOS is pending. I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'


-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again ?How would I know if RFE was good enough?
They will continue to process applications and review RFEs. If they need anything else they will issue another RFE.

-If my application become pre-adjudicated, How wuld I know? What could status change to online once RFE has been approved/cleared and I485 awaits avaialibity of visa number?
Unfortunately there is no way to know if you have been pre-adjudicated but the fact that you got a RFE means they have reviewed your case.

-Is there any possibility visa number was assigned to my case early in feb/march or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.
It is unlikely that they assigned a visa number already. But if they did, you will get your GC as soon as the RFE is cleared.

If I use AC21,is it same now as would have been without RFE?
In RFE, They asked me about Employment verification letter. Wud that mean they wuld unlikely ask another one now in case of AC21 RFE if any?
The RFE is based on the most current details. If you change jobs based on AC21, you will need to file paperwork accordingly. After that if they still need an EVL, they can issue a RFE again.

Remember Pre-adjudication is NOT an approval. They can issue a RFE at any point.

[harapatta2012]

There is a RFE thread but I'll answer your questions here.

Thanks Vizcard.

--I thought that if RFE has been reviewed over 60 days, there should be possibility to check status. Like the Service request or calling L2 officer etc...
--I was not sure about the online status if it will remain ' RFE review' and not chnage to something more like ' Decision' or ' pre-adjudicated' etc...
--Also since I did not hear anything since after sending RFE, 50 days, I guess I should not get another RFE on what I had sent.

[eb2visa]

Sorry to post here

Currently my job title is Software Engineer
In my labor alternate position is : Software Developer

1. Can I accept Sr software developer position in the new company. There are Software developer I and Software developer II positions before Sr Software Developer in my new company.

Job duities for Sr will match with my current description. Will there be any problem in taking Sr position?

2. And also my attorney suggesting to renew my H1 too. Will there be any complications joining with EAD?

[vizcard]

Sorry to post here

Currently my job title is Software Engineer
In my labor alternate position is : Software Developer

1. Can I accept Sr software developer position in the new company. There are Software developer I and Software developer II positions before Sr Software Developer in my new company.

Job duities for Sr will match with my current description. Will there be any problem in taking Sr position?

2. And also my attorney suggesting to renew my H1 too. Will there be any complications joining with EAD?

No problem with accepting the job. The actual title doesn't matter as long as the job description is the same.

If you change jobs with EAD, you don't need H1B .. so why are you extending it? If you extend your H1B, then you can join the new company and transfer your H1 and still use the AC21 rule for your GC process.

You need to decide whether you want to use H1 or EAD as your basis for the new job. See the article below for EAD vs H1 decision making
http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html

[suninphx]

No problem with accepting the job. The actual title doesn't matter as long as the job description is the same.

If you change jobs with EAD, you don't need H1B .. so why are you extending it? If you extend your H1B, then you can join the new company and transfer your H1 and still use the AC21 rule for your GC process.

You need to decide whether you want to use H1 or EAD as your basis for the new job. See the article below for EAD vs H1 decision making
http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html

Not sure if AC21 is applicable if you join new employer by transferring H1. AFAIK when you are with sponsoring employer then only you have option of EAD or H1.

[makmohan]

Not sure if AC21 is applicable if you join new employer by transferring H1. AFAIK when you are with sponsoring employer then only you have option of EAD or H1.

Friends, My PD in Apr 2008 - EB2I. I'm also considering a job change using AC21 as I have approached my 180 day deadline. Labor is with SE title, current title is Sr. SE and new title is Principal SE - though in same industry so hopefully should be able to convince about same/similar job description. Salary different is expected to be large compared to labor.

Will this be an issue to move on EAD or should I pursue for H1 extension (mostly unlikely as it can kill the deal)? FYI - I am also planning to consult an attorney as many people have warned me against using AC21 (not sure why).

- mohan

[vizcard]

Not sure if AC21 is applicable if you join new employer by transferring H1. AFAIK when you are with sponsoring employer then only you have option of EAD or H1.

AC21 is related to the Adjustment of Status process. Consider a situation where someone didn't apply for EAD when applying for 485. They can still work on H1B and can still avail of AC21.

Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.

[vizcard]

Friends, My PD in Apr 2008 - EB2I. I'm also considering a job change using AC21 as I have approached my 180 day deadline. Labor is with SE title, current title is Sr. SE and new title is Principal SE - though in same industry so hopefully should be able to convince about same/similar job description. Salary different is expected to be large compared to labor.

Will this be an issue to move on EAD or should I pursue for H1 extension (mostly unlikely as it can kill the deal)? FYI - I am also planning to consult an attorney as many people have warned me against using AC21 (not sure why).

- mohan

Using EAD is not an issue at all. I'm curious to know why ppl have warned against using AC21. Please keep the board posted based on what you find out.

[suninphx]

AC21 is related to the Adjustment of Status process. Consider a situation where someone didn't apply for EAD when applying for 485. They can still work on H1B and can still avail of AC21.

Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.

May be you are right. I will read more.

[makmohan]

Using EAD is not an issue at all. I'm curious to know why ppl have warned against using AC21. Please keep the board posted based on what you find out.

Thanks Viz. It can be out of one of those "my friend's story" rumors and many of them are from consulting world. All my jobs are so-called full-time so probably scenario can be different. I will keep the group posted.

[eb2visa]

Couple of things I came to know:

1. If you still have some time left in you 6 year H1, and if you change to EAD and if something happens, you can apply for new H1 with a new client. But this will be considered as a new H1 and not transfer. Because of this candidate should leave the country and go for stamping. opt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual capopt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual cap

2. If one has H1 and transfer the H1 to new client and use AC21, Even though the 485 rejected, one can still be in US and can continue to work and can reapply for GC.

Having said this, the situation is H1 is ending this month and 180 days after 485 applied will be next month end. Is it possible to go to new company using AC21 and can one still get the H1 with the new client starting Sept?

I know its a complex scenario, but any thoughts appreciated.


AC21 is related to the Adjustment of Status process. Consider a situation where someone didn't apply for EAD when applying for 485. They can still work on H1B and can still avail of AC21.


Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.

[vizcard]

Couple of things I came to know:

1. If you still have some time left in you 6 year H1, and if you change to EAD and if something happens, you can apply for new H1 with a new client. But this will be considered as a new H1 and not transfer. Because of this candidate should leave the country and go for stamping. opt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual capopt to use the balance of the six years remaining from her/his previous period in H1B status and not be counted against the annual cap

2. If one has H1 and transfer the H1 to new client and use AC21, Even though the 485 rejected, one can still be in US and can continue to work and can reapply for GC.

Having said this, the situation is H1 is ending this month and 180 days after 485 applied will be next month end. Is it possible to go to new company using AC21 and can one still get the H1 with the new client starting Sept?

I know its a complex scenario, but any thoughts appreciated.



Ofcourse, I'm not a lawyer. I'm just applying my limited knowledge and common sense. That being said, common sense doesn't necessarily apply to immigration.

You should check to see if you can change jobs while a H1 extension is pending. Based on the timeline, it seems like you will have a H1B receipt notice. I'm not sure if Premium processing is an option anymore but you can look in to that as well to extend your H1B. But theoretically, if you apply for an extension (based on approved I140), you are eligible for a 3 yr extension. Now if you can change jobs while your extension is pending then you are all set.

Rough timeline
July-end/early August - apply for H1 extension
By end- August - get H1 extension receipt notice
Sept - 180 day clock ends
Sept/Oct - Change jobs/ transfer pending H1B

I don't know about applying for H1 after you start working at the new job. The company might not be willing to do it considering you joined with an EAD.

[eb2visa]

Vizcard,

Great reply, I appreciate it a lot.

I think my new company is willing to do my H1 after joining on EAD. The main question is, is it possible to apply for H1 after joining on EAD in Sept and after H1 got expired end of this month? I will check with my new company's attorney and will sure post the findings.

Once more thank you very much vizcard.


You should check to see if you can change jobs while a H1 extension is pending. Based on the timeline, it seems like you will have a H1B receipt notice. I'm not sure if Premium processing is an option anymore but you can look in to that as well to extend your H1B. But theoretically, if you apply for an extension (based on approved I140), you are eligible for a 3 yr extension. Now if you can change jobs while your extension is pending then you are all set.

Rough timeline
July-end/early August - apply for H1 extension
By end- August - get H1 extension receipt notice
Sept - 180 day clock ends
Sept/Oct - Change jobs/ transfer pending H1B

I don't know about applying for H1 after you start working at the new job. The company might not be willing to do it considering you joined with an EAD.

[vizcard]

Vizcard,

Great reply, I appreciate it a lot.

I think my new company is willing to do my H1 after joining on EAD. The main question is, is it possible to apply for H1 after joining on EAD in Sept and after H1 got expired end of this month? I will check with my new company's attorney and will sure post the findings.

Once more thank you very much vizcard.

Happy to help. Even if you cannot apply for a new H1, discuss the approach I laid out with the lawyer to see if it makes sense.

PS: I will move all these posts to the 485 thread.

[murali83]

Guys,

I recently interviewed with a company which works in the same field that I do and the position I interviewed for is an exact carbon copy of what I am currently doing. They dont sponsor H1-B, so I said I can use my EAD. They said they will make an offer only if I have my GC. I asked them if there are any defence of security related projects where I will be working, they said No. Overall they said they are not comfortable hiring an employee on EAD even if it means no costs to them.

Can anyone throw some light on what could be some of the reasons for their discomfort. I can probably use that for future potential offers.

[Pedro Gonzales]

Only concern I can think of is that they are at the mercy of your I485 application which they have no knowledge of/control over. If there were irregularities in that application, you may get denied at which point you would be out of status and they would have no knowledge of it. At best they would lose an employee without any advance notice, at worst they would be employing someone who was out of status.

[murali83]

Only concern I can think of is that they are at the mercy of your I485 application which they have no knowledge of/control over. If there were irregularities in that application, you may get denied at which point you would be out of status and they would have no knowledge of it. At best they would lose an employee without any advance notice, at worst they would be employing someone who was out of status.

Thanks Pedro. Is their documentation/stats I can provide them to allay their concerns.

[qesehmk]

murali
My 2 cents ....
This could be plain old anti-immigrant sentiment which today is very widespread in corporate america. There are some people at the highest levels of management (and I am talking CxOs) who are anti-immigrants and anti-globalization.
It's good for you to not be working in such a place.


Guys,

I recently interviewed with a company which works in the same field that I do and the position I interviewed for is an exact carbon copy of what I am currently doing. They dont sponsor H1-B, so I said I can use my EAD. They said they will make an offer only if I have my GC. I asked them if there are any defence of security related projects where I will be working, they said No. Overall they said they are not comfortable hiring an employee on EAD even if it means no costs to them.

Can anyone throw some light on what could be some of the reasons for their discomfort. I can probably use that for future potential offers.

[murali83]

murali
My 2 cents ....
This could be plain old anti-immigrant sentiment which today is very widespread in corporate america. There are some people at the highest levels of management (and I am talking CxOs) who are anti-immigrants and anti-globalization.
It's good for you to not be working in such a place.

Q, thanks for that reply. Exactly what my wife says "don't work for an employer who thinks 10 times even to hire someone with a EAD"

Ok, so i guess I'll move on to the next company in my search.

[Eb2_Dec07]

Harapatta,

Based on latest USCIS procedures , from what I understand , they are required to package any or all RFEs on a candidate file at once and request additional information or evidence all together The goal is for them to review the file and case fully and seek missing info or docs at once VS asking information in bits and pieces.

My case is similar to yours aswell , responded to an RFE on a pending 485 . From my consultations with others and attorney , it is anybody's guess what happens once the file is in the status of being reviewed for RFE response. I personally believe based on the information provided in the VB summary and in the AILA calls , the cases will be processed and adjudicated for visa # . So hopefully it is adjudicated .





Guys I have general questions about RFE and sorry if they have been already answered back, but I didnt see any.

I applied I485 (EB2 India) in Jan 2012. I only got EAD/AP and AOS is pending. I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'


-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again ?How would I know if RFE was good enough?
-If my application become pre-adjudicated, How wuld I know? What could status change to online once RFE has been approved/cleared and I485 awaits avaialibity of visa number?
-Is there any possibility visa number was assigned to my case early in feb/march or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.


If I use AC21,is it same now as would have been without RFE?
In RFE, They asked me about Employment verification letter. Wud that mean they wuld unlikely ask another one now in case of AC21 RFE if any?

[longgcque]

harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.


Harapatta,

Based on latest USCIS procedures , from what I understand , they are required to package any or all RFEs on a candidate file at once and request additional information or evidence all together The goal is for them to review the file and case fully and seek missing info or docs at once VS asking information in bits and pieces.

My case is similar to yours aswell , responded to an RFE on a pending 485 . From my consultations with others and attorney , it is anybody's guess what happens once the file is in the status of being reviewed for RFE response. I personally believe based on the information provided in the VB summary and in the AILA calls , the cases will be processed and adjudicated for visa # . So hopefully it is adjudicated .

[harapatta2012]

Thank you longgcque and Eb2_Dec07 for the much needed reply.
Actuallly, that's what I was wondering about, the infopass appt or talking to L2 officeer, beacuse I remeber something somebody metioned.

The reason to know if RFE is cleared and case pre-adjudicated is that, there should be one less issues when switching jobs using Ac21.
Moreover, I was worried that incase I get layoff or company closes, being unemployed and staying in US when one has RFE, is legal or not? But if case is pre-adjudicated, I think one can be unemployed and stay that way without having any problem if PD is not current (Offcourse when PD is current and case is adjudicated, one needs to be employed)

I'll do infopass. Thanks guys.


harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.

[reachme_s]

longgcque - Which one should we select in the following options to book infopass appointment?

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.



harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.

[longgcque]

I would go with 4rth option .. "Case Services follow-up appointment "


longgcque - Which one should we select in the following options to book infopass appointment?

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

[sugada]

My Eb1b 485 was transferred to NBC-MO, after nearly four months. Does this mean I need to wait for another four months, any idea how long it might take.
Please respond.

[reachme_s]

longgcque - But I only have a service request # that I already got response for. Is it okay if we dont have a pending SR #?


I would go with 4rth option .. "Case Services follow-up appointment "

[longgcque]

reachme_s, In my case there was no SR. I had responded to RFE and wanted to know the status and so I used 4rth option and booked an appointment.

May be other experts can chip with comments.


longgcque - But I only have a service request # that I already got response for. Is it okay if we dont have a pending SR #?

[harapatta2012]

I have also booked appt for aone after next mondayusing 4th option, I read somewhere that you dont need a number.


reachme_s, In my case there was no SR. I had responded to RFE and wanted to know the status and so I used 4rth option and booked an appointment.

May be other experts can chip with comments.

[eb2visa]

Info pass info

http://www.uscis.gov/USCIS/Resources/F1en.pdf

[reachme_s]

Thanks harapatta2012. Yes, I dont have an SR, and I have booked infopass appmt for next Monday as well. lets see how it goes..


I have also booked appt for aone after next mondayusing 4th option, I read somewhere that you dont need a number.

[harapatta2012]

So I went for infopass appt today.
I told officer that I got RFE and replied to that and its mre than 60 days and thats why I come here. She didnt ask me about any SR #.
She told me that she see my case status as "Pre-adjudicated under review".
She told that she does not know what that means. Also she said everything look fine on my case and I just need to wait and be patient.

What does "Pre-adjudicated under review" mean?
Is it same as pre-adjudicated and waiting for visa number?
Or visa number was already assigned to my case when they were avaialble and it is closer to being approved?
Or both scenarios possible?

[Nandivada]

Hello Gurus,
Is it advisable to book an InfoPass appointment even though I didn't receive any RFE(yet)? I basically want to know if my case is pre-adjudicated or not. The reason I ask is that is multifold.
1. I have a good job offer from a big corporate bank and they are willing to wait until I am eligible to switch employer on EAD. (180 days from the receipt of EAD ~ Sometime Nov this year). I don't want to accept this offer if my case is not pre-adjudicated by then.
2. I am still on my H1B (with a desi consulting company) and am planning to visit India in Sep/Oct this year. I need to get stamped when I visit India. I want to know of any potential risks on switching to EAD if for any reason my H1B stamping gets rejected. (I think chances are very slim, but just laying it anyways). I don't want to switch to EAD, if I am not pre-adjudicated.

I am thinking of making an appointment with InfoPass with the premise that I haven't heard anything back after my FP appointment(which was more than 45 days ago) and I haven't seen any updates on USCIS website. Do you guys think this will fly? Also, since I have filed for my 485 on the last date that was technically open for me (before the dates retrogressed), do you guys think the application would have been even looked at for pre-adjudication?

My details -
PD - Nov2009
I485 Filed date - 04/30/2012
EAD/AP received date - 05/17/2012
FP date - 06/13/2012

[reachme_s]

Hello Gurus,
Is it advisable to book an InfoPass appointment even though I didn't receive any RFE(yet)? I basically want to know if my case is pre-adjudicated or not. The reason I ask is that is multifold.
1. I have a good job offer from a big corporate bank and they are willing to wait until I am eligible to switch employer on EAD. (180 days from the receipt of EAD ~ Sometime Nov this year). I don't want to accept this offer if my case is not pre-adjudicated by then.
2. I am still on my H1B (with a desi consulting company) and am planning to visit India in Sep/Oct this year. I need to get stamped when I visit India. I want to know of any potential risks on switching to EAD if for any reason my H1B stamping gets rejected. (I think chances are very slim, but just laying it anyways). I don't want to switch to EAD, if I am not pre-adjudicated.

I am thinking of making an appointment with InfoPass with the premise that I haven't heard anything back after my FP appointment(which was more than 45 days ago) and I haven't seen any updates on USCIS website. Do you guys think this will fly? Also, since I have filed for my 485 on the last date that was technically open for me (before the dates retrogressed), do you guys think the application would have been even looked at for pre-adjudication?

My details -
PD - Nov2009
I485 Filed date - 04/30/2012
EAD/AP received date - 05/17/2012
FP date - 06/13/2012

I'm also in the same situation as you and went for the infopass appointment last week, only to find that the case is still pending. :confused: I think you can schedule an infopass appmt and give it a try. But they may not always give you info more than what you already know. But worth a try! Good luck!

[Nandivada]

Thanks reachme_s. I was thinking the answer would be same as what I already know.

Is there any place where we can find out what is the latest application received date that USCIS has pre-adjudicated applications?

[GhostWriter]

USCIS website
https://egov.uscis.gov/cris/processingTimesDisplay.do

As of May 31,2012
TSC shows the last I-485 processed had a filing date of Jan 11,2012
NSC shows processing time of 4 months

The demand data that will be released this week will also give an indication of percentage of 2008 and 2009 cases that have been pre-adjudicated. The numbers with last month's demand data were 74% for 2008 and 46% for 2009 priority dates.

http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=28404#post28404


Thanks reachme_s. I was thinking the answer would be same as what I already know.

Is there any place where we can find out what is the latest application received date that USCIS has pre-adjudicated applications?

[Nandivada]

Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.


USCIS website
https://egov.uscis.gov/cris/processingTimesDisplay.do

As of May 31,2012
TSC shows the last I-485 processed had a filing date of Jan 11,2012
NSC shows processing time of 4 months

The demand data that will be released this week will also give an indication of percentage of 2008 and 2009 cases that have been pre-adjudicated. The numbers with last month's demand data were 74% for 2008 and 46% for 2009 priority dates.

http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012&p=28404#post28404

[gc0907]

1: It says in the Instructions: "The charts are updated on or about the 15th day of each month."

2: They keep processing the cases even if the case-date is not current i.e. they can issue an RFE if needed.


Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.

[GhostWriter]

As gc0907 mentioned, it is supposed to be updated monthly.
The cases will keep getting processed irrespective of the cut-off dates and RFE can be issued anytime.


Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.

[codesmith]

Hi to all,
I wanted to know from those who got GC last year and this year...
Has any one left the company that filed for GC and started with new one, if so then what was the time frame between GC received and resignation.
I'm interested in knowing what's the trend- how long people continue with the same company.

[qesehmk]

Codesmith 6 months is rule of thumb but some people say its really 6 months after 486 is filed which inured case I'm sire is way past.

[codesmith]

Codesmith 6 months is rule of thumb but some people say its really 6 months after 486 is filed which inured case I'm sire is way past.

Thanks for the reply, I'm interested to find the trend and average time.
It's been about 8 months since I filed 485 and abt 4 months after GC.

Thre're different opinions even among lawyers as to what's the time limit, i'd go with 6 months.

[asankaran]

Received RFE :

Hi I recently saw that status for my family and myself as requesting for additional evidence. I would like to know from folks who received RFE if status changed for all the applicants or only for the primary or dependents. This would help me in guessing the reason for the RFE.

Thanks.

[tackle]

wow! I just received RFE notifications for my wife and myself. It feels like things can't get any worse than this. It took them 10 months to figure out something is missing?

[longgcque]

asankaran, I have seen it being updated for the case which needs evidence before IO can take a call on case(approval/pre-adj etc) .. in my case rfe came for me as they needed an EVL and no rfe for my dependents. Later, on an Infopass they mentioned all four of us are pre-adj the very next day rfe response was received by uscis.
In my co-workers case, he was primary and had no rfe but his wife got rfe for BC.. they both checked later by calling L2 IO and were told that there cases are pre-adj after rfe response was recd by USCIS.

In short, Online case status will change only for the one who gets RFE and not for all. Hope this helps and your case sails smoothly. I personally feel its good to get an rfe, atleast you know your file has been touched and is moving for good.

Good luck


Received RFE :

Hi I recently saw that status for my family and myself as requesting for additional evidence. I would like to know from folks who received RFE if status changed for all the applicants or only for the primary or dependents. This would help me in guessing the reason for the RFE.

Thanks.

[Kanmani]

Tackle, asankaran

Whenever both primary and dependent get an RFE, it turned out to be either medicals or BC related. I did a little survey over this after my status turned RFE. Don't worry , it will be a simple one . But the worst part is receiving the physical RFE document, it takes 10 days to reach you, but feels like restless 100 days.

[asankaran]

Thanks Kanmani and longgcque . I think it could be mainly for medicals, especially everyone tested positive for tuberculin test and attached X-Ray report. I am not sure if they want anything more to be done. Anyways I will keep everyone posted so that folks here could pre-empt them.


Tackle, asankaran

Whenever both primary and dependent get an RFE, it turned out to be either medicals or BC related. I did a little survey over this after my status turned RFE. Don't worry , it will be a simple one . But the worst part is receiving the physical RFE document, it takes 10 days to reach you, but feels like restless 100 days.

[tackle]

Tackle, asankaran

Whenever both primary and dependent get an RFE, it turned out to be either medicals or BC related. I did a little survey over this after my status turned RFE. Don't worry , it will be a simple one . But the worst part is receiving the physical RFE document, it takes 10 days to reach you, but feels like restless 100 days.

I hope it is something simple as you suggested. I'll keep you guys posted on any updates. Thanks.

[la_2002_ch]

My 485 was filed in Jan 2012 and till now no progress on my case (I dount even if the dates were current, I would have received anything). The response I got from NSC in response to my opening up a SR in Jun was that the back ground check is still peniding and to call back 6 months after.

Anyways my question is now about Attorney representatin. I am planning to change my jobs in the next month or so (still discussing with new employer about EAD vs H1) and once I do that, what will happen to my attorney representation? My current attorney is the EMployer attornet. So once I change my jobs I assume the current one will stop cooperating and respresenting my case (as directed by my employer). So can I change the attorney in pending case? If not, what happens if USCIS sends some thing important related to my case to the current attorney and they dont notify me?

[asankaran]

I received RFE details. It was medical for all three of us. They wanted the full vaccine name for TB. I also want to know do they send RFE for all the information together or one after the other.

asankaran, I have seen it being updated for the case which needs evidence before IO can take a call on case(approval/pre-adj etc) .. in my case rfe came for me as they needed an EVL and no rfe for my dependents. Later, on an Infopass they mentioned all four of us are pre-adj the very next day rfe response was received by uscis.
In my co-workers case, he was primary and had no rfe but his wife got rfe for BC.. they both checked later by calling L2 IO and were told that there cases are pre-adj after rfe response was recd by USCIS.

In short, Online case status will change only for the one who gets RFE and not for all. Hope this helps and your case sails smoothly. I personally feel its good to get an rfe, atleast you know your file has been touched and is moving for good.

Good luck

[gc0907]

la_2002_ch,

About changing lawyer, I am not sure.

You should register on UCSIS for case status notification, if you are not already enrolled. If any thing changes on your case like RFE or Appoval those statuses are usually updated within 24 hrs and you get email and/or text notifications.


My 485 was filed in Jan 2012 and till now no progress on my case (I dount even if the dates were current, I would have received anything). The response I got from NSC in response to my opening up a SR in Jun was that the back ground check is still peniding and to call back 6 months after.

Anyways my question is now about Attorney representatin. I am planning to change my jobs in the next month or so (still discussing with new employer about EAD vs H1) and once I do that, what will happen to my attorney representation? My current attorney is the EMployer attornet. So once I change my jobs I assume the current one will stop cooperating and respresenting my case (as directed by my employer). So can I change the attorney in pending case? If not, what happens if USCIS sends some thing important related to my case to the current attorney and they dont notify me?

[gc0907]

asankaran,
My understanding is (ideally) it will be all in one shot and not one-by-one. That is practical in terms or time, cost and effort.

[vizcard]

My 485 was filed in Jan 2012 and till now no progress on my case (I dount even if the dates were current, I would have received anything). The response I got from NSC in response to my opening up a SR in Jun was that the back ground check is still peniding and to call back 6 months after.

Anyways my question is now about Attorney representatin. I am planning to change my jobs in the next month or so (still discussing with new employer about EAD vs H1) and once I do that, what will happen to my attorney representation? My current attorney is the EMployer attornet. So once I change my jobs I assume the current one will stop cooperating and respresenting my case (as directed by my employer). So can I change the attorney in pending case? If not, what happens if USCIS sends some thing important related to my case to the current attorney and they dont notify me?

Your new lawyers should have the answer. In my opinion, it's a matter of filing that Representation form again (I forget the number).

[asankaran]

I am planning to send response to RFE directly to USCIS. Should I bundle all the RFE responses together (all family memebers) and send in one package or send separate responses to USCIS ? Thanks.

[Kanmani]

asankaran,

Why are you doing by yourself? Didn't an attorney represent your I-485 case?

What I want to convey is, our attorney received the original RFE letter and we received only the courtesy copy of the RFE . The response along with the original RFE + a gold sheet should be attached . I haven't seen the gold sheet, but learnt that it contains the adjudicator's details for easing the rfe reply reach that particular adjudicator who is handling your file.

If my post is irrelevant pls ignore.

[asankaran]

Kanmani,

I am represented by attorney. But I received the original RFE (dark yellow) color sheet with letter addressed individually. The response is nothing but sealed envelope from Civil surgeon along with the yellow sheet and the RFE letter. To push this paper the attorney is asking 200$ per person. I don't think this really worth to send this thru the attorney so I am sending it myself. I am planning to send individual RFE responses separately as we received RFEs separately, unless I hear a different voice from our group.

asankaran,

Why are you doing by yourself? Didn't an attorney represent your I-485 case?

What I want to convey is, our attorney received the original RFE letter and we received only the courtesy copy of the RFE . The response along with the original RFE + a gold sheet should be attached . I haven't seen the gold sheet, but learnt that it contains the adjudicator's details for easing the rfe reply reach that particular adjudicator who is handling your file.

If my post is irrelevant pls ignore.

[JJcalifornian]

Just sharing an experience. I'm a Feb filer (PD-Jan09) and moved out of my apartment to a different one and filed AR11 online. While changing the address on pending service address change; I put a different address than the one given on AR11. On 8/31 I received a call from USCIS asking about the address mismatch, I gave them the right explanation and asked about my I485 is preadjudicated, he said "you are all set" waiting for the visa availability any time after Oct 2012". He did not say "you are pre adjudicated" I was thinking of invoking AC21 and I got the copy of ETA9089 form (labor certification) from DHS using FOIA request on 09/01. Now I'm in confusion on to stay back till I get the GC or move on. Please share you opinions.

Can I see a LUD/HUD on status look up ? So far there is no change.

[tackle]

I hope it is something simple as you suggested. I'll keep you guys posted on any updates. Thanks.

I got my RFE notice over the weekend. It was a "submit BC" RFE just like several others have received. Haven't received my wife's notice yet. They missed the Apt# even on my notice (how can they do mistakes like this??). It somehow reached me correctly. So, I'm guessing my wife's RFE is lost and I'll never get it. My attorneys should have received RFE notices too. So, I'm hoping they got both the notices correctly. I sent a note to them this morning and am waiting on a response from them. Hopefully the lawyers would get back to me soon with the list of other documents I'll need to gather.

[Eb2_Dec07]

Friends ,

I finished 60 days since RFE response received by USCIS per status online.

I called and opened SR stating I have not received any update per their verbiage.

My RFE was a medical doc missing and post 60 days I wanna make sure before I use to switch employment it is preadjudicated .

Has anyone opened SR and received something meaningful in the same scenario.


Thx

[Eb2_Dec07]

Has anyone travelled to Canada by road on EAD and back in .

What has been the experience like ? Are there any restrictions when you travel by road in and out . Any experiences people can share . Thx

[qesehmk]

EB2 - not sure if you meant AP. I hope you are already aware that EAD cant be used for travel.


Has anyone travelled to Canada by road on EAD and back in .

What has been the experience like ? Are there any restrictions when you travel by road in and out . Any experiences people can share . Thx

[Eb2_Dec07]

Yes Q , I stand corrected , I meant travel to Canada using AP.


EB2 - not sure if you meant AP. I hope you are already aware that EAD cant be used for travel.

[Eb2_Dec07]

Guys,

Can someone lay out what the experience has been travelling on AP at the US airports.

What happens and what they ask . I heard sometimes the wait time gets really long for AP folks at airport.

I'm a dependent with EAD/AP , primary spouse already received GC.

[Pedro Gonzales]

Guys,

Can someone lay out what the experience has been travelling on AP at the US airports.

What happens and what they ask . I heard sometimes the wait time gets really long for AP folks at airport.

I'm a dependent with EAD/AP , primary spouse already received GC.

Check out this thread....
http://www.qesehmk.org/forums/showthread.php?294-Travelling-on-AP-v-s-H1-L1

[Eb2_Dec07]

Thanks Pedro .


Check out this thread....
http://www.qesehmk.org/forums/showthread.php?294-Travelling-on-AP-v-s-H1-L1

[Sirisha]

Hi All,

My GC is filed with CompanyA and my case is "Pre-Adjudicate". I work on corp-corp.
Is it ok if I take up a full time position with Company B?

Like again, if dates go current next year,Will they ask me to submit the latest pay stubs or w2 or employment letter.
As I have good relation with Company A, can I submit employment letter from Company A?

[vizcard]

Hi All,

My GC is filed with CompanyA and my case is "Pre-Adjudicate". I work on corp-corp.
Is it ok if I take up a full time position with Company B?

Like again, if dates go current next year,Will they ask me to submit the latest pay stubs or w2 or employment letter.
As I have good relation with Company A, can I submit employment letter from Company A?
You can change jobs if
A) it's been 180 days since receipt date of your 485 app AND
B) your new role is in the same job classification as the original one.

You could still be asked for new paystubs and EVL but it is completely legal to change jobs. I don't know what addln paperwork is needed but you can get that info online or from a lawyer.


PS: how do you know that your case is pre-adjudicated?

[Sirisha]

Thank you for your response.



PS: how do you know that your case is pre-adjudicated?

I applied my 485 on Jan3rd 2012, I got my RFE on March23rd, I answered the RFE on Apr 2nd. I called up the USCIS on Aug 6th and asked the status of my case. They updated me that my case is preadjudicated and when the visa number is available they'll approve my GC

Thank you!

[ksur23]

Sirisha, could you please let us know what is the contact number at uscis to get this information?

thanks.


Thank you for your response.



I applied my 485 on Jan3rd 2012, I got my RFE on March23rd, I answered the RFE on Apr 2nd. I called up the USCIS on Aug 6th and asked the status of my case. They updated me that my case is preadjudicated and when the visa number is available they'll approve my GC

Thank you!

[imdeng]

A quick update in case someone is interested. I saw on trackitt that a few people have called USCIS to confirm that their case is pre-adjudicated. So I made a call too, asked for a transfer to L2 and after a hold of 30 mins, I was finally connected. I asked whether my case is pre-adjudicated and she gave a one sentence reply "All employment based cases ARE pre-adjudicated". Note that it does not say whether my particular case has been pre-adjudicated - but she would just repeat the same sentence. I got the feeling that they might be getting several such calls and they are just repeating a stock line.

I am not at all convinced that my case actually *is* pre-adjudicated. Especially considering that my online status is "Acceptance" and not "Initial Review". I guess I will attempt to call after a week or so and hope to get a more responsive agent.

[Pedro Gonzales]

A quick update in case someone is interested. I saw on trackitt that a few people have called USCIS to confirm that their case is pre-adjudicated. So I made a call too, asked for a transfer to L2 and after a hold of 30 mins, I was finally connected. I asked whether my case is pre-adjudicated and she gave a one sentence reply "All employment based cases ARE pre-adjudicated". Note that it does not say whether my particular case has been pre-adjudicated - but she would just repeat the same sentence. I got the feeling that they might be getting several such calls and they are just repeating a stock line.

I am not at all convinced that my case actually *is* pre-adjudicated. Especially considering that my online status is "Acceptance" and not "Initial Review". I guess I will attempt to call after a week or so and hope to get a more responsive agent.

I can believe it for several reasons
a) L2 responses in the past to this question have ranged from 'what pre-adjudication? I don't know nothing bout no pre-adjudication' to, 'yes, we have reviewed your case and everything is in order, but we reserve the right to review cases again when the COD moves past your PD'; basically, conservative responses, so if they make a blanket positive statement, I would tend to believe them. It isn't in their nature to do so, therefore, they must have received an okay from up-top saying so, hence it is probably true.
b) It's been a while now since the last RFP requests came in. I haven't seen anyone on this forum or on trackitt post about RFEs in several months. Enough time for all applications to have been processed.
c) The online status means next to nothing. On this forum, many folks received their green cards and saw the online status move from 'Acceptance' straight to 'Approved'.

In any case, let us know what happens after your call next week.

[sreddy]

We are planning to visit India this summer. I was hoping to get my GC by then, but looks like that is not a possiblity (PD 5th Aug 2008). My EAD expires in March. I did not change my employer, and my H1 valid until Aug 2014. I am thinking of applying for extions of my EAD/AP just for the purpose of travel (Let me know if there is any other way :) ). How much does it cost me for EAD extension? Any link that explains more details about EAD/AP extension?

[Pedro Gonzales]

We are planning to visit India this summer. I was hoping to get my GC by then, but looks like that is not a possiblity (PD 5th Aug 2008). My EAD expires in March. I did not change my employer, and my H1 valid until Aug 2014. I am thinking of applying for extions of my EAD/AP just for the purpose of travel (Let me know if there is any other way :) ). How much does it cost me for EAD extension? Any link that explains more details about EAD/AP extension?

You will need to extend your EAD/AP even if you were not traveling to India. If your H1B isn't stamped on your passport, you will need to get it stamped (if you wish to use it). Otherwise, you can reuturn on your AP. There is some debate on what entering on an AP means to your H1B. The most credible answer appears to be that while you will be working on EAD, your H1B continues to be valid, and you can get it stamped on future trips to India. The only downside of entering on an AP appears to be that your I94 expires when your AP expires (within 1 year) so you will need to make trips abroad every year at least to keep your I94 valid.

Check this thread out for information on EAD/AP extension: http://www.qesehmk.org/forums/showthread.php?1270-EAD-renewal

Doesn't cost you anything other than postage and maybe lawyer fees (in case you plan to use a lawyer).

[imdeng]

This might be of interest to people. I had seen people on Trackitt mentioning that they sent an email to NSC/TSC to check whether their case has been pre-adj. So I did the same and received the following reply:


Good morning,

Records indicate that these I-485 applications are employment-based upon an approved I-140 petition. That I-140 provides for a second preference Immigrant worker Visa from India with the priority date of August 7, 2009.

The October 2012 Visa Bulletin allocates second preference immigrant worker visas from India with a priority date of September 1, 2004 and earlier. There are no Visas currently available for these adjustment applications. Visa availability is determined by the Department of State.

You are invited to visit the Department of State website, www.travel.state.gov, where you can view the current bulletins regarding Employment-Based Visas

The National Customer Service Center's toll free number is 1-800-375-5283 or you may access the USCIS website at www.uscis.gov should you have any further questions or need additional information

Regards,
USCIS Nebraska Service Center


This was in response to the following email from me:


Dear Officer-In-Charge,

I am writing to request an update on my case, receipt numbers XXX (for me) and XXX (for my wife). It has been more than 8 months since the Adjustment of Status Applications (I-485) were filed with the Nebraska Service Center.

My primary question is whether my applications have been pre-adjudicated. Please let me know at your earliest convenience.

Thank you,
XXX


From their response - it is evident that they have NOT pre-adjudicated my case as yet. The response on trackitt for posters whose cases have already been pre-adj has been quite specific with the date of pre-adj mentioned as well. Its amazing that USCIS has not touched Feb cases 8 months after submission!

[Oranguttan]

If it is of any consolation to you, we have a PD of August 2007 and our case has been untouched since EAD issue. SO far we have heard nothing. Our status moved back to accept from initial review a while back. We are now evaluating whether this endless wait is worth the decisions we have put on hold.
EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?.

[qesehmk]

Oranguttan - you are in the final stretch. Aug 2007 filing was a stroke of luck. It gave the illusion of being in the final stretch. However I would say last 2 years is which has been a real possibility. I would say - give it 3-6 months and then make a decision. You are really close and I feel for you. It's quite painful to wait 5 years AFTER 485 filing. In good old days it used to be 1-3 months after 485 filing.
If it is of any consolation to you, we have a PD of August 2007 and our case has been untouched since EAD issue. SO far we have heard nothing. Our status moved back to accept from initial review a while back. We are now evaluating whether this endless wait is worth the decisions we have put on hold.
EB2 | TSC |PD:August 13 2007| RD: 17-Nov-2011 | EAD card received: Feb 3 2012| I485:?.

[nupami]

I was wondering what you guys are doing for EAD/AP renewal ?
For most of the the Jan/Feb filers it is about time to get the EAD renewal process going, right?
I am considering filing it myself. Any helpful pointers would be really appreciated.

Thanks,

[Pedro Gonzales]

Doing it myself, since it looks simple and my lawyer wants to charge me big $s for it.

[nupami]

Thanks Pedro !
Same here, the lawyer is charging a fortune for this. Can you point me to a link which would be helpful for self filing preparations?


Doing it myself, since it looks simple and my lawyer wants to charge me big $s for it.

[gc0907]

nupami,
I think it should be straight-forward and mostly mimic your previous EAD, except now you will have to mention you previously applied for EAD(765#11).
The list of documents required are listed here: http://www.uscis.gov/files/form/i-765instr.pdf
You don't need to pay any fee. (mostly your category will be c(9) I believe).

I understand that you will have to file the AP form as well separately for renewal. Someone can confirm that since I never applied for renewal.

Also there is a separate section for EAD on this forum: http://www.qesehmk.org/forums/forumdisplay.php?37-EAD-(Emp-Authorization-Document)


Thanks Pedro !
Same here, the lawyer is charging a fortune for this. Can you point me to a link which would be helpful for self filing preparations?

[nupami]

Thanks gc0907 !
The process appears to be pretty simple.


nupami,
I think it should be straight-forward and mostly mimic your previous EAD, except now you will have to mention you previously applied for EAD(765#11).
The list of documents required are listed here: http://www.uscis.gov/files/form/i-765instr.pdf
You don't need to pay any fee. (mostly your category will be c(9) I believe).

I understand that you will have to file the AP form as well separately for renewal. Someone can confirm that since I never applied for renewal.

Also there is a separate section for EAD on this forum: http://www.qesehmk.org/forums/forumdisplay.php?37-EAD-(Emp-Authorization-Document)

[tomandgerry]

I am a passive member of this forum and I like it when no name calling is involved.

My PD: July 2008 EB2 India. I called L2 officer (you know how to get to L2) and I asked the status of mycase as its been 11 months since it was filed last. she told me my case if pre-adjudicated and is assigned to an adjudicating officer.

I am not sure what this means and if its true when my PD is not current.

Can someone share their experience with this kind before?

appreciate it.

thanks,
Gerry

[qesehmk]

Gerry - welcome to forum. Preadjudication means they have completed processing your 485 and are ONLY waiting for a visa number. When the date will be current you will receive the GC (within 30 days - based on my personal experience).

I am a passive member of this forum and I like it when no name calling is involved.

My PD: July 2008 EB2 India. I called L2 officer (you know how to get to L2) and I asked the status of mycase as its been 11 months since it was filed last. she told me my case if pre-adjudicated and is assigned to an adjudicating officer.

I am not sure what this means and if its true when my PD is not current.

Can someone share their experience with this kind before?

appreciate it.

thanks,
Gerry

[tomandgerry]

Thanks Q! but why would it be assigned to an officer if my date is not current. Hence was my confusion with this experience.

[qesehmk]

So I would think that they need to assign the case to an adj office in order for that case to get adjudicated. Now since the visa number is not available - they are calling that act of adj as pre-adj. I would imagine that once a visa number is available they might (or might not) do some minimal due diligence and grant a GC.
Thanks Q! but why would it be assigned to an officer if my date is not current. Hence was my confusion with this experience.

[RMS_V13]

We moved to our OWN home :) FINALLY!!

We filled the Forms online providing our new address. But still there is no status update on our file. Remember on June 7th there was a Mass update to the status and date..Our status has not changed since and our date still says June 7th

Does the date always update whenever someone touches the file and updates the address?

Does this mean we go thru background check again? I dont care coz the dates are still in 2004. But just wondering


Thanks!
**GC Dust** to all

[qesehmk]

RMS - congratulations!! I know the joy because I just did the same last week!! In fact that's why I am so less active on forum last few weeks!


We moved to our OWN home :) FINALLY!!

We filled the Forms online providing our new address. But still there is no status update on our file. Remember on June 7th there was a Mass update to the status and date..Our status has not changed since and our date still says June 7th

Does the date always update whenever someone touches the file and updates the address?

Does this mean we go thru background check again? I dont care coz the dates are still in 2004. But just wondering


Thanks!
**GC Dust** to all

[RMS_V13]

Congratulations on the new house!

I recently filed change of address form online, and I can see on the tracker that it is reflected as such. The last update date on our cases is now December 13th. In fact, I also got a mail yesterday with the USCIS acknowledging our new address.

If change is not reflected on your case, I suggest contacting the USCIS and finding out if they have your correct address.

We got an acknowledgement from USCIS that the address has been updated but no status update in the website. Weird

[gc0907]

Sportsfan33,
I believe I824 is for approved petition and not for receipts.
Isn't AP/EAD sufficient for your proof of Status and work authorization? Someone used fingerprinting notice (http://www.trackitt.com/uk-discussion-forums/i485-eb/1091031511/lost-i797c-receipt-notice-how-to-renew-drivers-license)as proof.
I would call their customer service to get a proper answer.


Guys,

Seems like I am in a pickle. I seem to have lost my I797C receipts (for the I485 only, I have the EAD/AP receipts). Is it possible to get their replacements? I have scanned copies, but I am afraid that they won't be accepted as originals if there is ever a need to submit them as proofs of legal status.

I did an online search, but couldn't find a conclusive answer. Seems like I can fill I824 form to ask for replacements. Is that it? Any helpful insights will be appreciated.

[GhostWriter]

sportsfan33, I think there might be a second copy of the receipt that the lawfirm would have received if they filled form G-28 (not 100% sure, but i think my lawyer did receive it). I think the lawyer had mentioned that USCIS is random in sending the receipts and sometimes sends a copy both to the applicant and the lawyer and sometimes only to one of them. You can check with your lawyer and see that if they did receive it, they can give you their original.