I485 Information, details and scenario playout

[Moveon]

Thanks you, this was useful! This forum is awesome.

Yes Harpreet , it is not mandatory to file Supp J when you change jobs. I have had Fragomen confirm that when I changed jobs .

[HappyUSA]

Hi ,

My application received on Oct 6th , still no update . Did your checks got deducted ? I am waiting for my checks to be deducted .

[Turbulent_Dragonfly]

Hi Gurus,

My lawyer applied for 485 on Oct 1st. But haven't received the receipt notice yet. Wondering how long will it take to receive receipt notice. I'm just worried of weather something went wrong.

Does any one applied and got the receipt this month?

It's going to be some time before they start issuing receipt notices. It may be 3-4 weeks according to my attorney.

[gcconnect]

Premium Processing Fee Increase Effective Oct. 19, 2020

https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020

[inspired_p]

Premium Processing Fee Increase Effective Oct. 19, 2020

https://www.uscis.gov/news/premium-processing-fee-increase-effective-oct-19-2020

This is very unfortunate.

[inspired_p]

Friends,

I have an odd predicament. My PD is 12/29/2010. In the PERM the Job Title offered was "Senior Computer Programmer Analyst" with an SOC Code 15-1132 and a pay of 93K. My I-140 was filed under EB2. Now that my filing date is current and Im eligible to file my AOS/EAD/AP applications, my attorneys are advising that my case would be high risk as the job that Im currently doing along with my title is much higher that what's in the PERM and USCIS may reject my application. I'm in a Senior Leadership role (Large IT services company) with a base pay that is much higher than the 93K associated with the PERM. They are recommending that we file a new PERM petition that aligns with my current title and job description. I would think given the time it takes from PERM to AOS, career progression is obvious. Would USCIS really reject such an application saying this candidate will not take a demotion from a leadership role to become a programmer.

Has anyone experienced this? Appreciate any advise I can get.

I was told by my lawyers on more than one occasion that the job duties should not change more than 50% from what’s in the PERM. So if job duties change significantly then a new PERM and i140 is required . But getting paid more than what’s on the PERM is seldom an issue.
I think it’s a miss on part of the lawyers or your employer that they didn’t proactively get a new I-140 for you if they thought that your job duties were changing significantly.
Ofcourse I look forward to hearing what gurus here have to say about this.

[GCMirage]

My attorney also said the same. Once we file new I140 for EB3 alone with 485, is highly unlikely that uscis will let us switch back to EB2. My attorney said for Chinese clients they have numerous letters requesting switch to EB2 when it pulled ahead but they never even received an acknowledgment of the request.

[inspired_p]

My attorney also said the same. Once we file new I140 for EB3 alone with 485, is highly unlikely that uscis will let us switch back to EB2. My attorney said for Chinese clients they have numerous letters requesting switch to EB2 when it pulled ahead but they never even received an acknowledgment of the request.
This is the first time I am hearing anything like this.

[3March2010]

Friends - can one get multiple requests for Supplement J? Or is it a one time thing and the RFE will likely be about medicals when one becomes current?

I filed 485 in 2012 (EB2I, PD 03/2010), changed employers in 2013, got a medical and Supp J RFE in 2018. All accepted and approved. Most recently, I renewed EAD/AP in April this year with the same employer.

My medicals will expire this week (2 years), so I am expecting RFE for that when I become current, but not Supplement J again.

Thoughts?

[kumareb2]

Does anyone got RFE for medicals whose priority date (eb2) is in December 09? It seems like medicals are valid for only two years, and I got RFE for my medicals in 2018 june, and responded in July 2018. is it advisable to get the medicals ahead of time given current situation?

[mesimba]

I got my RFE last Dec, responsed in Feb for me n my wife. I got another RFE only for me in Jun saying they lost my response n asked me to respond again.

Hi my priority date is also in December 2009 I got RFE for I-485 J and medicals in 2018 and sent response in August 2018.

I know I will get another RFE for medicals when dates get current (still waiting...). Will I need to file another I-485 J since I am with the same employer ?

[nbk1976]

I am new to this forum, I need your input my question below.

I work for EMPLOYER B now and when my PD with earlier company EMPLOYER A and my PD got current they agreed to file my i485 /i485 j/ EAD/AP and they asked me to come back to their company as they will rehire me. I agreed to this approach so they filed i485 / i485j . Now I got EAD and got another offer with EMPLOYER C... can I move and work for EMPLOYER C until I get my GC and then I can move to EMPLOYER A. please let me know

-Sandhya

As long as the future job offer exists, it doesn't matter to the USCIS whom your work for on your EAD, or whether you work at all. Once I-485 is filed, you are lawful and do not need to work at all. If your employer, A, is fine with your working elsewhere, it's not a problem.

But if you do stay with employer A for at least 180 days after I-485 is filed, you are then free to move to any employer permanently and there will be no issues.

[Moveon]

Hi my priority date is also in December 2009 I got RFE for I-485 J and medicals in 2018 and sent response in August 2018.

I know I will get another RFE for medicals when dates get current (still waiting...). Will I need to file another I-485 J since I am with the same employer ?

The USCIS has no way of knowing if you are with the same employer , so you might get the the supplement J. Maybe those who got the RFEs recently can comment if they got both or just the Medicals. A couple of them mentioned that they only got the Medicals.

[idliman]

I am new to this forum, I need your input my question below.

I work for EMPLOYER B now and when my PD with earlier company EMPLOYER A and my PD got current they agreed to file my i485 /i485 j/ EAD/AP and they asked me to come back to their company as they will rehire me. I agreed to this approach so they filed i485 / i485j . Now I got EAD and got another offer with EMPLOYER C... can I move and work for EMPLOYER C until I get my GC and then I can move to EMPLOYER A. please let me know

-Sandhya
The main thing after filing I485 is whether it was pending for 180 days or not. As long as you stayed with employer A for 180 days after filing I485/AOS, you are eligible for AC21 job portability. You can move to any employer as long as the job is in the same or similar category. For safety, I would try to match the SOC job code and also keep a copy of the original PERM (with SOC) and job description. Once you are with employer C or D or E, when your PD becomes current, USCIS might send an RFE for I485 Supp J and medicals. The company that you work for at that time will write a justification that the new job is in the same or similar category (SOC and original PERM job description helps here). So it is a good idea to ask before joining whether they will support Supplement J. That's it.

The whole thing revolves around the 180 day issue. After 180 days you become a "free agent". No need for new PERM or I-140. You need to stay with the same employer for 180 days after AOS is filed. If you did not do that, then you are not eligible for AC21 job portability. Hope this helps.

[Turbulent_Dragonfly]

The main thing after filing I485 is whether it was pending for 180 days or not. As long as you stayed with employer A for 180 days after filing I485/AOS, you are eligible for AC21 job portability. You can move to any employer as long as the job is in the same or similar category. For safety, I would try to match the SOC job code and also keep a copy of the original PERM (with SOC) and job description. Once you are with employer C or D or E, when your PD becomes current, USCIS might send an RFE for I485 Supp J and medicals. The company that you work for at that time will write a justification that the new job is in the same or similar category (SOC and original PERM job description helps here). So it is a good idea to ask before joining whether they will support Supplement J. That's it.

The whole thing revolves around the 180 day issue. After 180 days you become a "free agent". No need for new PERM or I-140. You need to stay with the same employer for 180 days after AOS is filed. If you did not do that, then you are not eligible for AC21 job portability. Hope this helps.

Does the 180 day clock start from receipt date that they provide on the receipt notice? During times like these when they are taking a while to issue receipt notices, it might be important for some folks.

[idliman]

For those people who had recently filed AOS/I-485, take care of the I485 receipt notice. It is equal to its weight in gold. For all EAD/AP renewals from hereafter you will need a copy of the I485 receipt notice. That proves your eligibility for (c)(9) category EAD/AP. If your PD is in later 2014 or so of EB3, especially take care of this document. For people who file AOS before the new USCIS fees kick-in, you do not need to pay EAD/AP renewal fee. It is free forever. Essentially you will pay only the charges for printing your photos and FedEx.

Once the new USCIS fees kick-in, everyone needs to pay ($550+$590 = $1140) per applicant for renewing EAD+AP. If you have primary plus spouse plus one child, you will pay 3x$1140 = $3420 every time you renew. After paying this amount, you will pray that USCIS issues a combo card with 2 year validity instead of one year. Rinse and repeat this cycle.

Hope this helps.

[idliman]

Does the 180 day clock start from receipt date that they provide on the receipt notice? During times like these when they are taking a while to issue receipt notices, it might be important for some folks.
USCIS lockbox has been very good with acknowledging the receipt date. Even if you receive the receipt after a month, they show the correct delivery or receipt date. Notice date does not matter. It depends on the lockbox workload and time it takes to verify and accept your form.

I had used USPS a lot for EAD/AP renewals. Sometimes, USPS will show delivery on the 3rd day. However USCIS receipt notices always show the 2nd as intended and promised by USPS on the receipt notice.

Here's some info that I got from AILA (from Dec 2007 / Jan 2008)


U.S. Citizenship and Immigration Services (USCIS) advises customers that processing of fee payments and entry of cases into our tracking system remains behind schedule due to the tremendous increase in the number of applications filed. As a result, applicants are experiencing delays in receiving notices of receipt. USCIS is working hard to deal with the increased volume.

Date Received in Mailroom – USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed. You can see a sample Form I-797 under "Related Links" on this page. If your case is affected by the receipt delay, arrival of your receipt may take up to 12 weeks for adjustment-of-status applications and 15 weeks for naturalization and other applications.

[skpanda]

I thought the fee increase already took effect this month and a court put a hold on it. So if and when court decides in favor of USCIS, they can say it was already in effect Oct 2020 and they will continue to charge the fees for EAD/AP? Just curious what would be the legal arguments.


For those people who had recently filed AOS/I-485, take care of the I485 receipt notice. It is equal to its weight in gold. For all EAD/AP renewals from hereafter you will need a copy of the I485 receipt notice. That proves your eligibility for (c)(9) category EAD/AP. If your PD is in later 2014 or so of EB3, especially take care of this document. For people who file AOS before the new USCIS fees kick-in, you do not need to pay EAD/AP renewal fee. It is free forever. Essentially you will pay only the charges for printing your photos and FedEx.

Once the new USCIS fees kick-in, everyone needs to pay ($550+$590 = $1140) per applicant for renewing EAD+AP. If you have primary plus spouse plus one child, you will pay 3x$1140 = $3420 every time you renew. After paying this amount, you will pray that USCIS issues a combo card with 2 year validity instead of one year. Rinse and repeat this cycle.

Hope this helps.

[3March2010]

I had the same question.
EB2I 03/2010; last RFE for Med and Supp J in 2018.
Renewed EAD/AP couple of months ago with the same employer.
Should I prepare for both Med and Supp J or just Med when dates become current?

[Turbulent_Dragonfly]

USCIS lockbox has been very good with acknowledging the receipt date. Even if you receive the receipt after a month, they show the correct delivery or receipt date. Notice date does not matter. It depends on the lockbox workload and time it takes to verify and accept your form.

I had used USPS a lot for EAD/AP renewals. Sometimes, USPS will show delivery on the 3rd day. However USCIS receipt notices always show the 2nd as intended and promised by USPS on the receipt notice.

Good info, thanks! My attorney just received receipts for petitions submitted on Oct 1, so expecting mine in another week or so.

[YTeleven]

Good info, thanks! My attorney just received receipts for petitions submitted on Oct 1, so expecting mine in another week or so.
Which day your checks got cashed in by USCIS for the Oct 1 recieved date?

[Chilli19]

For those people who had recently filed AOS/I-485, take care of the I485 receipt notice. It is equal to its weight in gold. For all EAD/AP renewals from hereafter you will need a copy of the I485 receipt notice. That proves your eligibility for (c)(9) category EAD/AP. If your PD is in later 2014 or so of EB3, especially take care of this document. For people who file AOS before the new USCIS fees kick-in, you do not need to pay EAD/AP renewal fee. It is free forever. Essentially you will pay only the charges for printing your photos and FedEx.

Once the new USCIS fees kick-in, everyone needs to pay ($550+$590 = $1140) per applicant for renewing EAD+AP. If you have primary plus spouse plus one child, you will pay 3x$1140 = $3420 every time you renew. After paying this amount, you will pray that USCIS issues a combo card with 2 year validity instead of one year. Rinse and repeat this cycle.

Hope this helps.

Just curious, My attorney has applied just the 485, 485J along with 944 for me and my spouse but not 765 & 131 & medicals claiming he will do it in November. If we need to file the EAD & AP, do we need the 485 receipt notice to do that? Also can we submit medicals along with EAD & AP? As my 485 application reached USCIS today (Oct 19th) by which the new fees are not kicked in, do we still need to pay the fees for 765 & 131 when applying in November if the fees kicks in by then? Your responses are highly appreciated.

[inspired_p]

Just curious, My attorney has applied just the 485, 485J along with 944 for me and my spouse but not 765 & 131 & medicals claiming he will do it in November. If we need to file the EAD & AP, do we need the 485 receipt notice to do that? Also can we submit medicals along with EAD & AP? As my 485 application reached USCIS today (Oct 19th) by which the new fees are not kicked in, do we still need to pay the fees for 765 & 131 when applying in November if the fees kicks in by then? Your responses are highly appreciated.

This is risky in terms of the new fees kicking in.. USCIS has already warned that they will be implementing all other fees and fee hikes as and when they are ready

"Pub. L. No. 116-159 also gives USCIS the ability to expand premium processing to additional forms and benefit requests, but USCIS is not yet taking that action. Any expansion of premium processing to other forms will be implemented as provided in the legislation."

[Turbulent_Dragonfly]

Which day your checks got cashed in by USCIS for the Oct 1 recieved date?

Sorry, those were for other clients my attorney has. I waited to get my medicals done to submit along with the application. The desi doctor messed up the blood test so it took an additional week to submit the I-485 package.

[idliman]

I thought the fee increase already took effect this month and a court put a hold on it. So if and when court decides in favor of USCIS, they can say it was already in effect Oct 2020 and they will continue to charge the fees for EAD/AP? Just curious what would be the legal arguments.
Your question is very deep; Legalese is not my forte. For us there is only black and white. However in legalese there is grey and often many different shades of grey.

[idliman]

Just curious, My attorney has applied just the 485, 485J along with 944 for me and my spouse but not 765 & 131 & medicals claiming he will do it in November. If we need to file the EAD & AP, do we need the 485 receipt notice to do that? Also can we submit medicals along with EAD & AP? As my 485 application reached USCIS today (Oct 19th) by which the new fees are not kicked in, do we still need to pay the fees for 765 & 131 when applying in November if the fees kicks in by then? Your responses are highly appreciated.
I think you need to wait for the I-485 receipt notice and hope that USCIS does not increase the fees from now till the day they receive your EAD/AP application. It would have been better to send it now.

You don't need an attorney to apply for I-765 and I-131; Many of us have done it ourselves multiple times. Take a look at the EAD/AP forum. There is a documents list along with sample cover letter and attachments. The first time you do it it may take you 2 or 3 hours. However, you can ask your questions and people will be able to help you out. You can get started now itself. In these many years, I have not seen any rejection of I765/I131. In the worst case, I have seen people getting RFE for photos.

[Chilli19]

I think you need to wait for the I-485 receipt notice and hope that USCIS does not increase the fees from now till the day they receive your EAD/AP application. It would have been better to send it now.

You don't need an attorney to apply for I-765 and I-131; Many of us have done it ourselves multiple times. Take a look at the EAD/AP forum. There is a documents list along with sample cover letter and attachments. The first time you do it it may take you 2 or 3 hours. However, you can ask your questions and people will be able to help you out. You can get started now itself. In these many years, I have not seen any rejection of I765/I131. In the worst case, I have seen people getting RFE for photos.

Thanks Idliman. i had no option as my attorney was very reluctant not to include medicals, 765 & 131 applications along with 485 as he wants to push just 485 first. Now i have it filled in and get ready and send it as soon as i get the 485 receipt notice. Thanks again.

[inspired_p]

I think you need to wait for the I-485 receipt notice and hope that USCIS does not increase the fees from now till the day they receive your EAD/AP application. It would have been better to send it now.

You don't need an attorney to apply for I-765 and I-131; Many of us have done it ourselves multiple times. Take a look at the EAD/AP forum. There is a documents list along with sample cover letter and attachments. The first time you do it it may take you 2 or 3 hours. However, you can ask your questions and people will be able to help you out. You can get started now itself. In these many years, I have not seen any rejection of I765/I131. In the worst case, I have seen people getting RFE for photos.

I agree. There is no extra documentation required, if lawyer can file I-485 , then all documentation needed for I-765 and I-131 should be available.
No idea why lawyer postponed it to next month

[Chilli19]

I agree. There is no extra documentation required, if lawyer can file I-485 , then all documentation needed for I-765 and I-131 should be available.
No idea why lawyer postponed it to next month

No idea why, it was the case with almost all the applicants that went in with this attorney.

[srimurthy]

I dont know the exact process
Can u please guide me.
Do I have to wait for them to do final i485 draft, then do medicals ? Or
Should I take my appointment and get it ready?

You don't need to wait to fill the I485 form to get a medicals appointment. And depending on your location the medicals may themselves take a week or so. First you fill the basic info in I-693 form and hand it over at the doctors office and get the prescription for blood work and tests and go to LabCorp or Quest. or do the blood work at the doctors office and finish your examination and sign the documents. And then wait for the doctors office to call you when the reports come in and they sign and seal the documents.

Depending on the area you can cross check with the diagnostic centers if they have the TB Kits available and walk in early morning. That way the results should be in docs office in a couple of days. If there are backlogs and big queue and TB kits availability, it may take 5 to 7 days for test results and then a couple more days for Doc's office to complete and hand over the forms.

[longwaitgigu]

You can do the medicals separately. But if I were you, I will not do the Medicals now.

Why do u advise to do later
Fragomen is slowest for us, so I was thinking it should be done in week
Then can complete application altogether if interview waived and not waived for RFE and waste 3-4 months
Am I missing something

[longwaitgigu]

I693 form should be available with the uscis approved dr?

[smuggymba]

Anyone with Eb2I priority date in 2010 received RFE for medical recently? My priority date is March 2nd 2010 and received Medical and maintenance of status since my last entry on H1 RFE in 2018 and no updates since then. My medicals are already expired as i got them done September 2018.

My EAD/AP renewal just approved last week end and this did not trigger any RFE either for medical on I-485. I never sent Supplement J as it wasn't asked in the RFE in 2018, do i need to send Supplement J if i never changed my Job after applying I-485? Will sending Supplement J voluntarily trigger a medical RFE on I-485?

My PD is March 30, 2010 and I haven't received anything.

[nbk1976]

Anyone with Eb2I priority date in 2010 received RFE for medical recently? My priority date is March 2nd 2010 and received Medical and maintenance of status since my last entry on H1 RFE in 2018 and no updates since then. My medicals are already expired as i got them done September 2018.

My EAD/AP renewal just approved last week end and this did not trigger any RFE either for medical on I-485. I never sent Supplement J as it wasn't asked in the RFE in 2018, do i need to send Supplement J if i never changed my Job after applying I-485? Will sending Supplement J voluntarily trigger a medical RFE on I-485?

My lawyer is of the opinion that not to supply any additional information without being asked for it. They won't be a reference number to track that document and you might have to send another one anyway.

If you didn't file the Supp J with your I-485 then don't send it now until they ask for it. They will likely ask you for the Supp J because it has been so long since you filed I-485, and they have no way o knowing if you are with the same employer or not or whether that job on the I-140 still even exists.

By all means, have your Supp J ready and filled out, but I wouldn't send it out to them unless they ask it.

[inspired_p]

Now if they do the right thing by hiring more personnel on account of getting all the money from moving the filing dates ahead, they will be able to ramp up the approvals. That combined with waiving interviews will help. At this time, a lot hinges on the elections and the decisions made immediately after that until January no matter who wins.

Assume they will drag their feet as much as they can. What I really want to know is can USCIS keep all other countries "current" even after they reach their 7% limit for this year, basically siphoning the extra visas to other countries rather than India. I keep hearing "hidden demand" in philippines and South korea in EB3 category.. but ideally that demand should not matter because those countries should get capped off at 7% ( ~5K visas) for this year.

[Moveon]

My lawyer is of the opinion that not to supply any additional information without being asked for it. They won't be a reference number to track that document and you might have to send another one anyway.

If you didn't file the Supp J with your I-485 then don't send it now until they ask for it. They will likely ask you for the Supp J because it has been so long since you filed I-485, and they have no way o knowing if you are with the same employer or not or whether that job on the I-140 still even exists.

By all means, have your Supp J ready and filled out, but I wouldn't send it out to them unless they ask it.

I agree , do not send more info than requested as that might lead to delays . The system is antiquated and cannot handle exceptions, so sending more info might throw your application into another line.

[incredible]

I agree , do not send more info than requested as that might lead to delays . The system is antiquated and cannot handle exceptions, so sending more info might throw your application into another line.
Hi Gurus

I have a quick question. I am Feb, 2010 (EB2 and RD of 2012 when I submitted I485 at that time) and hoping to become current in the next couple of months (for FAD). I received an RFE back in 2018 for both supplement-J and medicals and submitted them. I have changed jobs earlier this year and proactively submitted submitted supplement-j (based on the company policy, around Jan of 2020). I am looking at another promising opportunity at one of the Big 4 companies. Should I wait in my current company and assume and I will get GC as soon as I become current and go to the new company in few months after getting GC? Should I pursue the new opportunity and just go to the new company? If I go to the new company do I need to submit supplement-J or just wait for USCIS asking for it. Any help is highly appreciated.

[Moveon]

Hi Gurus

I have a quick question. I am Feb, 2010 (EB2 and RD of 2012 when I submitted I485 at that time) and hoping to become current in the next couple of months (for FAD). I received an RFE back in 2018 for both supplement-J and medicals and submitted them. I have changed jobs earlier this year and proactively submitted submitted supplement-j (based on the company policy, around Jan of 2020). I am looking at another promising opportunity at one of the Big 4 companies. Should I wait in my current company and assume and I will get GC as soon as I become current and go to the new company in few months after getting GC? Should I pursue the new opportunity and just go to the new company? If I go to the new company do I need to submit supplement-J or just wait for USCIS asking for it. Any help is highly appreciated.

You do not need to submit Supplement-J when you change jobs, there is no such rule . I would switch if I were to be in your place . Make sure that your new company will give you lawyer access to file when dates get current .

[incredible]

You do not need to submit Supplement-J when you change jobs, there is no such rule . I would switch if I were to be in your place . Make sure that your new company will give you lawyer access to file when dates get current .

Thank you very much.

[idliman]

Hi Gurus

I have a quick question. I am Feb, 2010 (EB2 and RD of 2012 when I submitted I485 at that time) and hoping to become current in the next couple of months (for FAD). I received an RFE back in 2018 for both supplement-J and medicals and submitted them. I have changed jobs earlier this year and proactively submitted submitted supplement-j (based on the company policy, around Jan of 2020). I am looking at another promising opportunity at one of the Big 4 companies. Should I wait in my current company and assume and I will get GC as soon as I become current and go to the new company in few months after getting GC? Should I pursue the new opportunity and just go to the new company? If I go to the new company do I need to submit supplement-J or just wait for USCIS asking for it. Any help is highly appreciated.

As explained before there is no requirement to proactively submit I485J or AC21. In fact most attorneys will discourage doing it and advise the company against it. However, once you had submitted a first time I485J, there is a chance that USCIS might approve your case without another RFE (even if you had switched jobs). It depends on the book-keeping from USCIS and adjudicating officer. Sometimes people proactively submit I485J. The two reasons that I can think of are:


Their PD is about to become current; They want to keep an updated medical on file; Sending a I485J will automatically kick-in a RFE for medicals; In four months time their I485 will be complete for themselves and their dependents. Do this only if your same or similar job justification is very good. Otherwise you are taking chance on the denial of I485J.
Maybe the applicant is facing a "reduction in force" or "layoff" environment; Proactively submitting I485J will probably buy the applicant two more years.


There is very low chance of Feb 2010 EB2I becoming current immediately. The 7% quota for this year (approx 5200) will push the dates only till end of Jan 2010. Maybe Feb 2010 (if you consider any down-porting to EB3I). So any movement after that date will be based on quarterly spillover or yearly spillover. If DT admin wins, I don't think they will move PDs till Summer of 2021. They will go slow and try to waste as much GCs as possible. If JB wins, then suddenly a pro immigration admin will take charge. Then the PDs might move faster. In any case it is going to take a few bulletins (may be 3 or more) for your PD to become current. My analysis is based on the past trends with DT admin. I would be happy to be proved wrong and the dates move faster.

In most likelihood, your medicals will expire before your PD becomes current. So you can switch companies and make sure that they agree to support your I485J. You might file a I485J after joining the new company or wait for an RFE and respond. Hope this helps.

[incredible]

As explained before there is no requirement to proactively submit I485J or AC21. In fact most attorneys will discourage doing it and advise the company against it. However, once you had submitted a first time I485J, there is a chance that USCIS might approve your case without another RFE (even if you had switched jobs). It depends on the book-keeping from USCIS and adjudicating officer. Sometimes people proactively submit I485J. The two reasons that I can think of are:


Their PD is about to become current; They want to keep an updated medical on file; Sending a I485J will automatically kick-in a RFE for medicals; In four months time their I485 will be complete for themselves and their dependents. Do this only if your same or similar job justification is very good. Otherwise you are taking chance on the denial of I485J.
Maybe the applicant is facing a "reduction in force" or "layoff" environment; Proactively submitting I485J will probably buy the applicant two more years.


There is very low chance of Feb 2010 EB2I becoming current immediately. The 7% quota for this year (approx 5200) will push the dates only till end of Jan 2010. Maybe Feb 2010 (if you consider any down-porting to EB3I). So any movement after that date will be based on quarterly spillover or yearly spillover. If DT admin wins, I don't think they will move PDs till Summer of 2021. They will go slow and try to waste as much GCs as possible. If JB wins, then suddenly a pro immigration admin will take charge. Then the PDs might move faster. In any case it is going to take a few bulletins (may be 3 or more) for your PD to become current. My analysis is based on the past trends with DT admin. I would be happy to be proved wrong and the dates move faster.

In most likelihood, your medicals will expire before your PD becomes current. So you can switch companies and make sure that they agree to support your I485J. You might file a I485J after joining the new company or wait for an RFE and respond. Hope this helps.

Thank you for detailed explanation. This helps clarify my thoughts. Not sure why my employer's attorney wanted to file 485J back in January of this year when I joined them. But anyway, now since it is filed already, I can't do much about it. I haven't received any update on that either for close to 9 months now. Regarding date movements, you may be right as Feb is still 4 + months away (from Sep 09) and with month or two months at the most movement, it may reach in Jan or Feb of 2021 (that too if all goes well).
I remember back in 2018 when USCIS sent RFE asking for 485 J and when I submitted it, it got approved (and received approval mail) within 3 months. But this year's 485 J has no activity on it after it was submitted in Jan/Feb time frame. My medicals would also have expired as it was filed last in 2018 August, as part of RFE response.

Your response threw another question for me though, in case my 485J that was filed in Jan from my current company, gets denied, should I immediately file a new 485 J from my new company? what would be the scenario of 485 J denial. My same/similar position is been maintained for the last 12 years. I have refused or not tried for any promotions and stayed true to my roles for quite some time, just so that i do not want to jeopardize the 485.

[idliman]

Your response threw another question for me though, in case my 485J that was filed in Jan from my current company, gets denied, should I immediately file a new 485 J from my new company? what would be the scenario of 485 J denial. My same/similar position is been maintained for the last 12 years. I have refused or not tried for any promotions and stayed true to my roles for quite some time, just so that i do not want to jeopardize the 485.
I485-Js get their own receipt number. So you can check on their status. There are two ways of checking status: 1) via case status and 2) via DHS account. In my case one of the sites, show I485J as approved. The other one does not have any status updates. So you might want to check on both sites. Also I did not get an approval notice on I485J. Maybe it was sent to the attorney or it was not sent at all.

I have not heard about anyone's I485J being denied. Maybe the standards are very loose. So I don't think you should worry. My guess is it has been approved internally. If you had any problems, they would have notified you already. Don't know if you can call in using I485J receipt notice to check status. Maybe others on this forum have better idea / exposure on this.

As explained, there is no requirement of I485J unless a RFE is sent. So maybe the USCIS process is not setup well when someone proactively sends I485J. Just a guess. Good Luck.

[incredible]

I485-Js get their own receipt number. So you can check on their status. There are two ways of checking status: 1) via case status and 2) via DHS account. In my case one of the sites, show I485J as approved. The other one does not have any status updates. So you might want to check on both sites. Also I did not get an approval notice on I485J. Maybe it was sent to the attorney or it was not sent at all.

I have not heard about anyone's I485J being denied. Maybe the standards are very loose. So I don't think you should worry. My guess is it has been approved internally. If you had any problems, they would have notified you already. Don't know if you can call in using I485J receipt notice to check status. Maybe others on this forum have better idea / exposure on this.

As explained, there is no requirement of I485J unless a RFE is sent. So maybe the USCIS process is not setup well when someone proactively sends I485J. Just a guess. Good Luck.

Thanks Idllman. Both the websites show that they have received the documents and sent receipt. They may probably pick it up when the date is current or as you said may have internally approved it already. The reason for my question was that the company that I am in now (which filed 485 J in Jan) is a startup and they do not have a lot of profits (although they have good revenues).

[vsivarama]

Thanks Idllman. Both the websites show that they have received the documents and sent receipt. They may probably pick it up when the date is current or as you said may have internally approved it already. The reason for my question was that the company that I am in now (which filed 485 J in Jan) is a startup and they do not have a lot of profits (although they have good revenues).

A company's profits only come into question if they are not paying you the prevailing wage in the Perm determination. Having said that, it's a check that's made for i140 filing (ability to pay). If you are already on AOS, I am not sure if they will revisit all the Perm details.

[incredible]

A company's profits only come into question if they are not paying you the prevailing wage in the Perm determination. Having said that, it's a check that's made for i140 filing (ability to pay). If you are already on AOS, I am not sure if they will revisit all the Perm details.

That is a valid point. But 485 Supplement J has couple of questions that wants to know about the company's revenue and profits. That is generally not something to worry about when working for big or even most of the companies. When working for startups those two are little bit difficult to answer for two reasons. Startups may not have any revenues especially in the first or second year (as they are still trying to build software) and even if they have good revenues, they may not have yet breached the break-even and may not have achieved profit. USCIS need not worry about all this as long as company is paying the prevailing wage, but who knows though.

[Viking]

Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140

Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side

[texas_]

Hi Gurus,
Just curious, what happens if a person has EAD/AP approved and loses Job.
Do they have to go back to India ?

[Zenzone]

Hi Gurus,
Just curious, what happens if a person has EAD/AP approved and loses Job.
Do they have to go back to India ?

If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.

[srimurthy]

If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.
It also depends if we are using EAD or still using and on H1. If H1, I guess you have a grace period (don't know the no of days - but the no of days one can be in no status) to find a job and if you switching employer file for transfer.
Others may correct

[mknop1]

If 180 days have passed from the pending I-485 receipt notice date, you are good. You will have to find the next job in the same or similar job category and file a supplement - J form and adjust when your final action date becomes current.
What if, god forbid, you don’t find a job for like 6 months ? How much of a grace period do you have ? Trying to understand what it means when it’s 180 days after filing 485.

[texas_]

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

[inspired_p]

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

"If you have already filed the I-485 application, you are in “authorized status,” and losing your job, in and of itself, does NOT automatically jeopardize your status. You will remain in status until USCIS reviews your case (calls you in for an interview) and denies the I-485 application."

This is what I got when I googled. so It seems one should be in authorized status until the FAD becomes current and interview is scheduled.

[vsivarama]

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.

The answer is pretty clear post 180 days of 485. Not sure on the nuances of job loss before that period, though. Post 180 days you can find one more employment in same or similar job description and file supplement J. There is no clear cut grace period as you are technically in status on the account of having filed 485 (post 180 days scenario). It is recommended to find employment ASAP if you are the primary applicant on the GC petition as it cannot be approved unless you have a same/similar job. You may also want to have a job in hand in case USCIS issues an RFE regarding 485-J. So technically speaking if you do not get a job immediately you are still good but you are definitely risking your application the more time you stay unemployed. This is the extent of law I understand/know. You may want to consult a lawyer in case the situation arises.

[idliman]

An individuals have both H1 and EAD/AP valid when losing job. Do they go out of status ?

How many days/months the candidate has to find a job given the situation above when a candidate is having both H1 and EAD/AP valid?
I am not in that situation just curious ..! Hypothetically.
For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-publishes-final-rule-for-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

[Turbulent_Dragonfly]

The answer is pretty clear post 180 days of 485. Not sure on the nuances of job loss before that period, though. Post 180 days you can find one more employment in same or similar job description and file supplement J. There is no clear cut grace period as you are technically in status on the account of having filed 485 (post 180 days scenario). It is recommended to find employment ASAP if you are the primary applicant on the GC petition as it cannot be approved unless you have a same/similar job. You may also want to have a job in hand in case USCIS issues an RFE regarding 485-J. So technically speaking if you do not get a job immediately you are still good but you are definitely risking your application the more time you stay unemployed. This is the extent of law I understand/know. You may want to consult a lawyer in case the situation arises.

My understanding is that if you lose your job before 180 days after filing your I-485, you have to redo your PERM and I-140, but get to keep your priority date. So assuming many of you who are eligible sent out your applications to reach in the first week of Oct, you will be free in April 2021.

https://www.alllaw.com/articles/nolo/us-immigration/lose-job-while-green-card-processing.html

[vsivarama]

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-publishes-final-rule-for-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

As I understand it (correct me if I am wrong), the grace period should not come into play here. Even though you are on H1, because of the virtue of having filed 485 and in pending state, you are technically in status.

[idliman]

As I understand it (correct me if I am wrong), the grace period should not come into play here. Even though you are on H1, because of the virtue of having filed 485 and in pending state, you are technically in status.
Yes Sir. When I485 is pending you will not be out of status, till a decision is made. However, some folks like to maintain both H1B & EAD/AP status simultaneously. So for them they have the grace period before H1B status expires.

[Kesid23]

Yes Sir. When I485 is pending you will not be out of status, till a decision is made. However, some folks like to maintain both H1B & EAD/AP status simultaneously. So for them they have the grace period before H1B status expires.

My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

Thank you!

[monsieur]

My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

!

Based on current processing time of 485 and EAD/AP, yes its recommended to renew your H1.

Also, check your company policy. Some firms will let you work on extension receipt, others will not. If its former then you can wait and submit paper work 1 month before expiration date. If its later then file for renewal first chance you get it. Anyway paperwork wise, you will be good as you just filed 485.

[Turbulent_Dragonfly]

My H1B is expiring in April, 2021.

My priority date is 11/09/2009 under EB2 I. I filed for the first time in October, 2020.

Do I need to renew my H1B?

Thank you!

It's always better to have H1 status until you get GC unless the circumstances don't allow you to do that. My H1 renewal is in June, so I plan to wait for a couple of bulletins (PD EB2 May 2010), but I am also planning on renewing the H1 in Jan.

[Kesid23]

I really appreciate both of your replies.

Thank you!

[Turbulent_Dragonfly]

I really appreciate both of your replies.

Thank you!

You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

[inspired_p]

You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

:) I joined way many years ago as well. But watching and reading about hopeless situation was not helping my peace of mind, so have stayed away from thinking about the fiasco that my immigration journey has been for last 17 years.. Only when I am able to apply, have I got vested in the process again.

[Kesid23]

You are welcome. I was just interested by the fact that you joined in 2014 and have 4 posts! Not judging, the discussion here is very civil and I used to lurk here too before losing interest in the GC process and focusing on other things in life :o

LOl.
I do come on the forum almost daily and have been doing so since I joined. But have been more of a reader than a contributor.
I missed the boat on filing in 2012 and was finally able to file this October.


I am hopeful that there will be an end in sight soon.....

[Turbulent_Dragonfly]

Yup same here, only started posting since last year. I used to post in Murthy forum a long time back (~2005-2006) and used to remember JoeF lecturing everyone though he did always provide accurate information. I lost interest in GC and other things after that and only picked it back up last year. I do plan to hang around and post and help others after I get my GC. Barring any immigration reform, there is going to be another decade of suffering on the horizon for backlogged EB2/3-I folks, and I plan to provide them with help and support through their difficult times as others have done so here.

[optimista]

For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-publishes-final-rule-for-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

Folks,
I have had consultations with 2 good lawyers on this topic (this was just one of the questions). One of the conversation was done recently. I am in agreement with the response given above since it comes closest to the response given by BOTH the lawyers. The only place lawyers differed were was the - "Once you crossed 180 days with the employer that filed for your AOS," part. My lawyers did not mention this caveat at all. And instead both of them said that once you are in I-485 applied and pending status, you are 'off-the-hook' so to say. Only thing is whenever the next communication from USCIS comes up, (to submit the I-485 J) you need to working with the same employer (if it is less than 180 days) or with 'any' employer who is willing to file supplement J for you after 180 days. Of course both said that this is not a really great situation to be and should be avoided at all costs. But both mentioned that you REMAIN in "I-485 APPLIED/PENDING"status until the decision is made. Hope this helps.

[inspired_p]

Yup same here, only started posting since last year. I used to post in Murthy forum a long time back (~2005-2006) and used to remember JoeF lecturing everyone though he did always provide accurate information. I lost interest in GC and other things after that and only picked it back up last year. I do plan to hang around and post and help others after I get my GC. Barring any immigration reform, there is going to be another decade of suffering on the horizon for backlogged EB2/3-I folks, and I plan to provide them with help and support through their difficult times as others have done so here.

I sincerely applaud this thought. I unfortunately put my head in the sand and waited. Even if I want to help, I have almost zero knowledge of all the processes and pitfalls, I do plan to stay active from now on as well, not sure how helpful i will be :)

[Moveon]

Folks,
I have had consultations with 2 good lawyers on this topic (this was just one of the questions). One of the conversation was done recently. I am in agreement with the response given above since it comes closest to the response given by BOTH the lawyers. The only place lawyers differed were was the - "Once you crossed 180 days with the employer that filed for your AOS," part. My lawyers did not mention this caveat at all. And instead both of them said that once you are in I-485 applied and pending status, you are 'off-the-hook' so to say. Only thing is whenever the next communication from USCIS comes up, (to submit the I-485 J) you need to working with the same employer (if it is less than 180 days) or with 'any' employer who is willing to file supplement J for you after 180 days. Of course both said that this is not a really great situation to be and should be avoided at all costs. But both mentioned that you REMAIN in "I-485 APPLIED/PENDING"status until the decision is made. Hope this helps.

Yes, you can be out of a job on an EAD for as long, until the RFE is issued for supplement J. I know of cases during the recession where some folks were out a job but only received RFE for medicals when their date got current. Getting an RFE for employment i.e. Supplement J is typically when the GC is due (not always though ) or when its been a while since they checked on you . Eg: for folks who got their EAD in 2012 got RFEs in 2018 for the Nebraska filings and 2019 for the Texas filers .
After the 180 day period you own the petition and its almost like having a GC wrt employment . Now that you can apply for EAD 180 days in advance and with a extra grace period of 180 days after EAD expiry , its lot safer to be on EAD .

[texas_]

For EAD/AP (AOS is Pending category or (c)(9) eligibility after 180 days with first company):
Once you crossed 180 days with the employer that filed for your AOS, you can be out of job for as long as you like. However, USCIS may send you a RFE for I485J anytime. At that time, you need to show that you have a future job with same or similar category classification. These RFEs have a 90 day return window. Usually USCIS sends a RFE only when your FA PD is current. However, they can suddenly become efficient and send you a RFE if you happen to be on their radar.

It is better to be on a job with EAD/AP (AOS Pending) status and have a plan to submit I485J whenever it is required.

For H1B:
You have 60 days grace period. See https://www.uscis.gov/archive/uscis-publishes-final-rule-for-certain-employment-based-immigrant-and-nonimmigrant-visa-programs

Understood,
Thank you Idliman

[maverick2010]

Please refer the OLD article below from Murthy.com that was published during July 2007 fiasco. Article talks about I-485 applicants not receiving receipt information even after 2 months.

https://www.murthy.com/2007/10/19/updates-on-july-and-august-2007-aos-i-485-filings/

I guess we may have to wait one more month to start seeing receipts based on above article and due to COVID delays.

[19YRSNOGC]

Please refer the OLD article below from Murthy.com that was published during July 2007 fiasco. Article talks about I-485 applicants not receiving receipt information even after 2 months.

https://www.murthy.com/2007/10/19/updates-on-july-and-august-2007-aos-i-485-filings/

I guess we may have to wait one more month to start seeing receipts based on above article and due to COVID delays.
Trackitt is reporting some receipts and checks cashed.

[Viking]

Can someone please respond and provide insights?

[montyp80]

Trackitt is reporting some receipts and checks cashed.

I had submitted my 485 application package on Oct 5th, USCIS received on Oct 6th. On Oct 19th I received text notifications with case numbers for all 3, 485, 131 and 765. USCIS tracker shows that the applications were received and notices are in the mail.

[tomhagen]

I had submitted my 485 application package on Oct 5th, USCIS received on Oct 6th. On Oct 19th I received text notifications with case numbers for all 3, 485, 131 and 765. USCIS tracker shows that the applications were received and notices are in the mail.

Congratulations on getting receipt numbers 😊 which service center ?

[Turbulent_Dragonfly]

My attorney also reported receiving receipts this week for applications submitted in the first week of October and expects mine to arrive in a couple of days. The massive falloff in application processing might be helping in combating the thousands of 485s they should have received in the past few weeks.

[montyp80]

Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.

[montyp80]

Congratulations. Could let us know Which service center? I m guessing your date was current and filed 485 and not a downgrade?

I am 2014 EB3. So it is a straight forward case.

[montyp80]

Congratulations on getting receipt numbers �� which service center ?

Thanks. Still have a long way to go. Receipt numbers start with MSC. The app on which I am tracking it says 'Notional benefits center'.

[GCkaLADDU]

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

[seepz123]

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

In this case, I would move into AOS pending state, and wait until I become current again.

[Turbulent_Dragonfly]

Yeah unfortunately you can only be approved if the PD is current. I think the super slow movement these past few years have been to mitigate retrogression like that and avoid wild swings.

[android09]

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

From what I know, when the USCIS collects your documents, it puts it away in storage until your dates are current. When the final dates becomes current, your “file” and other files that are current are pulled from the storage and evaluated and adjudicated. If the USCIS is not able to adjudicate or the next month, the dates go backwards, the files are wheeled back to the storage Until they are current again. The whole concept of filing date and final action dates were created so the retrogression stuff does not happen. If the USCIS moves the filing date back and forth that’s ok(even that doesn’t happen much I think anymore),they’re pretty careful about the final dates and that does not go back and forth anymore I think like before.

[YTeleven]

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.
The purpose of having 2 dates is to avoid uncertainity or frequent retrogression of FAD.. FD can move back and forth but FAD should have only forward movement except during last month of the FY.

[fishelusa]

I need suggestion if the employer not mentioned that the consultant the job description does describe duties that are commonly performed onsite, at a client’s worksite in perm also the perm and 140 approved long back is this create problem if filed I 485 based on approved I 140. I am eb2 India august 2010.

[fishelusa]

Hi Gurus,

Need help regarding my situation. I am consultant. If the perm job description does describe duties that are commonly performed onsite, at a client’s worksite but that is not specifically outlined in the PERM but for consultant-like job duties. The perm and i140 approved and eligible to file I -485 as per oct 2020 visa bulletin. My priority date is EB2-I AUg 2010.

[rabp77]

Dumb question.

Lets say your I-485 has already been filed this month and is pending adjucation. Now, in couple of months FAD moves to a date/point where you become eligible to get a green card (but your AOS is still pending given processing times are 8-14 months).

What happens if FAD date retrogresses again to a point/date when its no longer current? Little fuzzy on the timelines/flow.

This used to happen a lot more before the two date system was introduced. There were many EB2 late 2009 people who had to wait till 2020 to get green card, but a few got it in 2012. So missing the boat means you need to wait for the next time the FAD is current. Since the two date system (FAD, and filing date) was introduced, the retrogression of the final action date has reduced. The idea is that USCIS has sufficient applications filed at any time to have sufficient inventory to slowly advance the FAD, and know how many visas need to be given out months in advance.

It likely would have worked better if the Filing date movement had been started sometime in the 2020 FY itself (once it became apparent that there is going to be a big spillover). However, for various reasons this was not done. The result is a sudden 5 year moment, which means many of the EB case may not be ready to be adjudicated in case the FAD is moved rapidly. So this could result in the scenario that you mentioned, where a EB3 2014 case gets greened, but a EB3 2012 case took a few month longer to process and missed the boat before a retrogresson. This is why many people in this forum said they a submitting medicals even though its not required while filing. But as Q said, there is a good chance the spillover is large for FY 2022 also, so we can hope such unfairness does not happen much or can be minimized.

[Viking]

***Posting again as no one provided any response, will appreciate feedback from gurus"

Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140

Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side

[seepz123]

***Posting again as no one provided any response, will appreciate feedback from gurus"

Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140

Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side

Sorry that you have to face this situation at this time. In this situation, it might be best to consult a qualified attorney to get the options you can pursue. In general, based on hearsay, what you heard from other folks seems to be reasonable,

[idliman]

***Posting again as no one provided any response, will appreciate feedback from gurus"

Have been following the forum for a while. Few questions:
1) I am currently employed with a firm where they are filing my I-1485/EAD (June 2011 EB3). I am in a layoff situation as well, while I am trying to buy some time, not sure if I would get complete 6 months
2) What is I am laid off before even I get EAD? If I find another employment on h1B, my EAD can still come and legally valid or I need to file another I-765
3) I understand you need 6 months after I-485 application for AC21 portability. But I heard conflicting view. Some of the folks say, it it good as long as your previous employer does not revoke I-140

Would really appreciate all the insights, unfortunately got into this situation when things turned on brighter side

1. The 180 days for I485 pending starts from the receipt date (FedEx delivery date). Even if it takes one extra week, try to send the complete package. I-485, I-765, I-131, I-944, Supplement J and I-693. Don't give a chance for USCIS to send any RFEs within the 6 months of your application.

2. EAD/AP will automatically get approved as long as I485 is pending. You should not have any problems. "AOS Pending" is a legal status and you will not acrue unlawful presence time. However, if you cannot meet the 180 days AC21 criteria, you have to redo PERM & I-140 again. Your PD will be retained. After joining a new job, this might delay I485 by another 12 to 18 months. This is the worst case situation.

3. Revoking I-140, I don't know. However some employers do not revoke I-140. You need to talk to HR / manager. They can delay revoking I-140 or completely miss it. The reason they revoke I-140 is that USCIS sometime back had a policy that the company should have the ability to pay for all pending I-140s. This is a problem mostly for small consulting companies.

Have you thought about taking a leave of absence (without actually losing your job)? Obviously, you should try to stick in the job for 180 days; Somethings that come to my mind are taking a pay cut or a leave of absence without pay.

Stay positive. Most of the times, we are unprepared (afraid) to face difficult situations. But that's what makes us stronger. You have an advantage that you know the best and worst possible outcomes of this situation, legally. I am sure you will come out stronger out of this situation.

[Viking]

Thanks. I am more inclined on what exact is 180 days requirements for portability if I-485. So I heard that as long as 485 is pending even if you loose job before 180 days, it is still good ?

[idliman]

Thanks. I am more inclined on what exact is 180 days requirements for portability if I-485. So I heard that as long as 485 is pending even if you loose job before 180 days, it is still good ?

The INA section 204(j) states the following:


(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence

A petition under subsection (a)(1)(D) 4 for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
I let you decide on the interpretation. You may get by just based on the words above. However, many attorneys insist on being with the "same employer" who filed for I-140 for 180 days. There should be some memo or guidance on this topic, other than what I could find via search.

[txsguy]

There is a memo from 2005. Not sure if this is still relevant.
https://www.uscis.gov/sites/default/files/document/memos/ac21intrm122705.pdf

"Question 10. Should service centers or district offices deny portability cases on the sole
basis that the alien has left his or her employment with the I-140 petitioner prior to the
I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective
employment. Since there is no requirement that the alien have ever been employed by the petitioner
while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all
cases an offer of employment must have been bona fide. This means that, as of the time the I-140
was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have
had the intent to employ the beneficiary, and the alien must have intended to undertake the
employment, upon adjustment. Adjudicators should not presume absence of such intent and may
take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be appropriate. "

[rocketfast]

I don't know the answer too. But, I do have a friend who got laid off a month after applying for I-485. His employer did not withdraw I-140. He did not get any RFE for 6 months. He did not have any green card interview. He did get a I-485J RFE when he was working with his new employer who provided it. He got his GC.

[Moveon]

1. The 180 days for I485 pending starts from the receipt date (FedEx delivery date). Even if it takes one extra week, try to send the complete package. I-485, I-765, I-131, I-944, Supplement J and I-693. Don't give a chance for USCIS to send any RFEs within the 6 months of your application.

2. EAD/AP will automatically get approved as long as I485 is pending. You should not have any problems. "AOS Pending" is a legal status and you will not acrue unlawful presence time. However, if you cannot meet the 180 days AC21 criteria, you have to redo PERM & I-140 again. Your PD will be retained. After joining a new job, this might delay I485 by another 12 to 18 months. This is the worst case situation.

3. Revoking I-140, I don't know. However some employers do not revoke I-140. You need to talk to HR / manager. They can delay revoking I-140 or completely miss it. The reason they revoke I-140 is that USCIS sometime back had a policy that the company should have the ability to pay for all pending I-140s. This is a problem mostly for small consulting companies.

Have you thought about taking a leave of absence (without actually losing your job)? Obviously, you should try to stick in the job for 180 days; Somethings that come to my mind are taking a pay cut or a leave of absence without pay.

Stay positive. Most of the times, we are unprepared (afraid) to face difficult situations. But that's what makes us stronger. You have an advantage that you know the best and worst possible outcomes of this situation, legally. I am sure you will come out stronger out of this situation.


Here is the USCIS article that states that i-140 cannot be withdrawn after 180 days if that is the concern .
USCIS - https://www.uscis.gov/forms/petition-filing-and-processing-procedures-for-form-i-140-immigrant-petition-for-alien-worker#Withdrawing

Employers very rarely withdraw the i-140 , I have not known anyone over the last 20 years who had their i-140 withdrawn. Its additional expense for the company which no company wants to spend .


Here is an article that states that employers cannot withdraw the I-140 after 180 days unless there was fraud committed . https://www.lexology.com/library/detail.aspx?g=9a21af17-b4db-4e1d-b170-d96825a7e6c5 .

[dus_saal_baad]

Hi everyone,

My EB2 India Priority Date is 08/20/2009 which is current as of the recent visa bulletin but I have not received any communication from USCIS regarding next steps. What should I do?

[incredible]

Hi everyone,

My EB2 India Priority Date is 08/20/2009 which is current as of the recent visa bulletin but I have not received any communication from USCIS regarding next steps. What should I do?

Little bit more details may help. Was 485 filed back in 2012? and any supplement-J and 693 RFE received in the past? If all have been done already and are valid, it makes sense to raise a SR or talk to congressman.

[dus_saal_baad]

Little bit more details may help. Was 485 filed back in 2012? and any supplement-J and 693 RFE received in the past? If all have been done already and are valid, it makes sense to raise a SR or talk to congressman.

Thanks for responding. Yes, 485 was filed back in 2012 and since then, a medical RFE and job change AC21 RFE both were submitted. Last time medical RFE was done was more than 2 years ago. Do you still see the need to raise SR or talk to congressman, and what is the process to talk to congressman? Do I need to hire a lawyer?

[Viking]

Thanks for responding. Yes, 485 was filed back in 2012 and since then, a medical RFE and job change AC21 RFE both were submitted. Last time medical RFE was done was more than 2 years ago. Do you still see the need to raise SR or talk to congressman, and what is the process to talk to congressman? Do I need to hire a lawyer?

Did you maintained both EAD and H1B?

[dus_saal_baad]

Did you maintained both EAD and H1B?

No. I am only on EAD and Advance Parole.

[Viking]

No. I am only on EAD and Advance Parole.

Are you with the same firm since 2012. I keep hearing its better to keep both H1B and EAD/AP

[incredible]

Are you with the same firm since 2012. I keep hearing its better to keep both H1B and EAD/AP

I think it is fine to have both or just EAD/AP. Coming back to the question itself, it is better to talk with congressman (since it is been few weeks) and also raise an SR. Please note that do not raise more than one SR.

[incredible]

I think it is fine to have both or just EAD/AP. Coming back to the question itself, it is better to talk with congressman (since it is been few weeks) and also raise an SR. Please note that do not raise more than one SR.

All congressmen will have email address that you can find (for your local congressman), you can reach out to them and they will send a form for you to fill with details and giving them right to find information about your case. They can then enquire within USCIS. No lawyer is required for this process.

[Turbulent_Dragonfly]

All congressmen will have email address that you can find (for your local congressman), you can reach out to them and they will send a form for you to fill with details and giving them right to find information about your case. They can then enquire within USCIS. No lawyer is required for this process.

They will probably be super busy with a week to go for the election. So expect some delayed responses.

[dus_saal_baad]

Are you with the same firm since 2012. I keep hearing its better to keep both H1B and EAD/AP

No I changed companies, but did submit AC21 when there was an RFE. This was back in 2016.

[letmesee]

Hi Guys,

Can you comment more on the no blank policy ? Should all the blank items in 485 be filled with None or N/A ?
Say you have no middle name, should that be None or N/A ?
https://www.washingtonpost.com/opinions/the-trump-administration-imposes-yet-another-arbitrary-absurd-modification-to-the-immigration-system/2020/08/06/42de75ca-d811-11ea-930e-d88518c57dcc_story.html

[Turbulent_Dragonfly]

Hi Guys,

Can you comment more on the no blank policy ? Should all the blank items in 485 be filled with None or N/A ?
Say you have no middle name, should that be None or N/A ?
https://www.washingtonpost.com/opinions/the-trump-administration-imposes-yet-another-arbitrary-absurd-modification-to-the-immigration-system/2020/08/06/42de75ca-d811-11ea-930e-d88518c57dcc_story.html

Here is the AILA brief on this: https://www.aila.org/advo-media/aila-policy-briefs/uscis-no-blank-space

If I read that right, it's been mostly asylum and U-visa applications who have suffered (which is just morally pathetic but quite understandable from this Admin). I didn't see everything filled out in my I-485 but I trust my attorney who has had other I-485s receipted. Still awaiting my receipts though so will hold back further comments until those are received. :)

[letmesee]

Here is the AILA brief on this: https://www.aila.org/advo-media/aila-policy-briefs/uscis-no-blank-space

If I read that right, it's been mostly asylum and U-visa applications who have suffered (which is just morally pathetic but quiet understandable from this Admin). I didn't see everything filled out in my I-485 but I trust my attorney who has had other I-485s receipted. Still awaiting my receipts though so will hold back further comments until those are received. :)

Thanks, my lawyer came with the same. saying that it's more for asylum/u-visa and they hadn't had rejections based on this for 485.. it's comforting but i feel for those that are impacted

[Viking]

I have seen a lot of folks suggesting keeping H1B status active after getting EAD (pending I-485). The reason I heard is the worst-case scenario if I-485 is denied you go out of status from the day you filed I-485. Can someone provide more perspective, because getting a job with H1B is very very difficult and whats are some other considerations if even after getting EAD you want to keep H1B. Also how it is quite often to get I-485 rejected if you move jobs?

[suninphx]

All,

Can I request that discussions related to filing 485 , porting etc. to be moved to dedicated topics? Only predictions (and calculations) in this topic please.

Thanks!

[srimurthy]

All,

Can I request that discussions related to filing 485 , porting etc. to be moved to dedicated topics? Only predictions (and calculations) in this topic please.

Thanks!

Q - I can pitch in and help maintaining. This site is my source of unwinding during the day.

[qesehmk]

Q - I can pitch in and help maintaining. This site is my source of unwinding during the day.
sri, that is very kind of you. So I have added you as a moderator to all forums. Appreciate your volunteering.

[suninphx]

Sri, Q - thank you so much!

[inspired_p]

·
8h
Replying to
@ReichlinMelnick
Today I received an I-765 rejection for failure to pay appropriate fees....but they kept the rest of the AOS packet including the $1225 fee that covers the I-765. Idiots. Woman shruggingFace with symbols over mouth

[mesan123]

·
8h
Replying to
@ReichlinMelnick
Today I received an I-765 rejection for failure to pay appropriate fees....but they kept the rest of the AOS packet including the $1225 fee that covers the I-765. Idiots. Woman shruggingFace with symbols over mouth

There is no fee for I-765... what fee are they talking about

[harpreetbhatti]

Received my I-485 approval notice yesterday without any RFE's :). Thank you for everyone's support on this forum.

[shivab55]

Great. When did USCIS receive your packet?

[harpreetbhatti]

An initial filing in April 2012, RFE for Employment proof/medicals responded in 2014, RFE for Supp J & Medicals responded in Nov 2018.

[Turbulent_Dragonfly]

Hello!!

Question for all who have filed this month, have you gotten the receipt yet?

Mine was filed on Oct 8, reached on Oct 9th. No checks cashed or receipts yet. Expecting it maybe by the end of the week (~3 weeks is what it took for other applications from my attorney).

[FlowerPot]

Mine was filed on Oct 8, reached on Oct 9th. No checks cashed or receipts yet. Expecting it maybe by the end of the week (~3 weeks is what it took for other applications from my attorney).

So there is almost no effect of including G-1145 to even know the acceptance? I hear its very random. Mine was filed end of last week.

[Zenzone]

·
8h
Replying to
@ReichlinMelnick
Today I received an I-765 rejection for failure to pay appropriate fees....but they kept the rest of the AOS packet including the $1225 fee that covers the I-765. Idiots. Woman shruggingFace with symbols over mouth

Wait. I thought the filing fee per applicant is $1,225 when you file I-485, I-765 and I-131 concurrently. Am I missing anything here?

[montyp80]

Hello!!

Question for all who have filed this month, have you gotten the receipt yet?

My package was received by USCIS on 6th Oct, I received my notices in the mail on 24th Oct.

My case: 2014 Jan, EB3I.

[inspired_p]

Filed concurrently last week, received I-140 receipt # and both checks (485 and I-140 premium processing ) debited from bank today. Now just waiting for I-485 receipt # and ofcourse I-140 approval😊

[Zenzone]

Sorry it was a bad copy paste , I think that is what the lawyer was questioning; USCIS rejected I-765 but accepted everything else as if the no fees are in effect

So $1,225 fee per applicant if you file I-485, I-765 and I-131 is accurate then, right?

[Zenzone]

Mine was filed on Oct 8, reached on Oct 9th. No checks cashed or receipts yet. Expecting it maybe by the end of the week (~3 weeks is what it took for other applications from my attorney).

So you check with your attorney if the checks were cashed is it?

[inspired_p]

So $1,225 fee per applicant if you file I-485, I-765 and I-131 is accurate then, right?

Yes. For now, $1225 fee includes I-485 , I-765 and I-131 filing.

[tomhagen]

My package was received by USCIS on 6th Oct, I received my notices in the mail on 24th Oct.

My case: 2014 Jan, EB3I.

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

[Moveon]

Hi ,
Those of you who had filed for AOS earlier (~2012) and got your GCs recently, did you have to do your medicals again ?. I did my medicals in September 2018 when most folks in Nebraska SC got the RFE for S-J and Meds . My PD is Dec 2009 , so wondering if I will get an RFE soon as the meds are just over 2 years now.

Also for those who got the RFE , did you respond via the Lawyers or were you able to respond directly ?

[Umesh1209]

Hi ,
Those of you who had filed for AOS earlier (~2012) and got your GCs recently, did you have to do your medicals again ?. I did my medicals in September 2018 when most folks in Nebraska SC got the RFE for S-J and Meds . My PD is Dec 2009 , so wondering if I will get an RFE soon as the meds are just over 2 years now.

Also for those who got the RFE , did you respond via the Lawyers or were you able to respond directly ?

I am Dec EB2I. I got my RFE earlier this year and responded. Due to my employer policies, I have to go through their attorney. I also submitted my 485J

[montyp80]

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

Hang in there, I'm sure all centers are flooded with tons of applications so they're slow.

[rabp77]

My package was received by USCIS on 7th October. It is Texas Service Center. Till now nothing.

the receipt notice is normally a formality as longs a basic info/forms and fees has been sent correctly. So i dont think you need to worry about that, as lawyers will not not normally make such basic mistakes that the full package is returned.

[Positive]

Hello!!

Question for all who have filed this month, have you gotten the receipt yet?

Nope. Mailed Oct. 9. EB3 downgrade via new I-140 filing. I think besides the deluge of applications, the USCIS is confused whether they want to reject all downgrades to EB3 that were not filed as I-140 EB2 amendments, which would be a departure from their previous practice. I am thinking we will not get receipts this month. It is tricky in that if they do return these EB3 downgrades that are not amendments to the previously approved EB2 I-140s, and USCIS does not accept filing dates next month, those applicants will probably not get a chance to file AOS (and get EAD/AP) for a long time. At the same time, I think it is risky amending the approved EB2 I-140 and letting USCIS another express opportunity to mess with it,

[Zenzone]

Yes. For now, $1225 fee includes I-485 , I-765 and I-131 filing.

Yes. I also re-confirmed this with my Attorney this afternoon.

[Moveon]

Thanks Umesh, Anyone else in the 2012 filers who have gotten an RFE for the GC recently . Was it just medicals and did the medicals expire more than 2 years ago ?

[kumareb2]

Thanks Umesh, Anyone else in the 2012 filers who have gotten an RFE for the GC recently . Was it just medicals and did the medicals expire more than 2 years ago ?

I am also in the same boat. Got the RFE in July 2018 for medicals and responded back in August'18. Wondering about the RFE again as medicals are expired technically.

[ak7419]

Hello folks - I am in a strange situation and do not know how things will transpire. I am current in Nov bulletin with EB2I PD Sep 2009. My EAD/AP is going to expire on Dec 12, 2020. Will they be issuing me a new EAP/AP combo card? My DL is going to expire on the same day Dec 12, 2020 and I am not sure how I should proceed. I
am worried that I will have to be off payroll if EAD is not issued on time. Any suggestions?

[goracer]

Hello folks - I am in a strange situation and do not know how things will transpire. I am current in Nov bulletin with EB2I PD Sep 2009. My EAD/AP is going to expire on Dec 12, 2020. Will they be issuing me a new EAP/AP combo card? My DL is going to expire on the same day Dec 12, 2020 and I am not sure how I should proceed. I
am worried that I will have to be off payroll if EAD is not issued on time. Any suggestions?

EAD is renewed automatically for 6 months from the date of receipt. Check your old receipts it should also have the same information. DL will not be renewed using the receipt though.

[Moveon]

EAD is renewed automatically for 6 months from the date of receipt. Check your old receipts it should also have the same information. DL will not be renewed using the receipt though.

Hi, the EAD is extended for 180 days after the expiration date and not receipt .
Link : https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances

"The extension begins on the date the EAD expires and continues for up to 180 days, unless USCIS denies the renewal application."

[rabp77]

Hello gurus,

I have been a lurker on this forum since 2012 when my PD became current for the 1st time. PD is 12/10/2009. Great information here and always love to read the analysis. I was hoping the dates would move closer to my PD in Nov bulletin but unfortunately that has not happened. Still hoping to be current in couple of months. I have a question regarding 485 J. I have not received any RFE since I applied for 485 in feb 2012. I have changed jobs in the last 8 years, applied AC21, etc. Recently I was promoted and the immigration lawyer said that new position is not more than 20% change in duties, so he doesn’t see an issue.

In the past when I have asked the lawyers to apply for 485J, they have asked me to wait for RFE. Given that I am so close to being current and if 485J takes a couple of months to approve, do you all suggest that I insist that the lawyers apply for 485J?

Supplement J can be submitted without Rfe. If it's needed USCIS will normally issue a rfe. I faced a similar situation with promotion, and the lawyer advice was exactly same as yours. So I believe it's up to you, but if USCIS issues a rfe for this once they review your file after it's current, it will likely delay the adjudication by a few weeks. However in your case if they raise an rfe for expired medicals also, then the impact on adjudication time may not be much.

[Moveon]

Supplement J can be submitted without Rfe. If it's needed USCIS will normally issue a rfe. I faced a similar situation with promotion, and the lawyer advice was exactly same as yours. So I believe it's up to you, but if USCIS issues a rfe for this once they review your file after it's current, it will likely delay the adjudication by a few weeks. However in your case if they raise an rfe for expired medicals also, then the impact on adjudication time may not be much.

My take would be to not send the Supplement-J as they are already overloaded. Supplement-J is not mandatory to issue the GC, so if your Meds have not expired they might issue the GC w/o any RFE. If Meds have expired they will issue it together or just the Meds.

[greenjpr]

We filled 485 by oct 1st. Today only my wife’s check was cashed by USCIS. Still waiting for receipt number.

[eb2jun2010]

I got to know on Friday that my company will be acquired in 2 weeks by another company. My pd is June, 2010 eb2 and we sent the 485 package on Oct 20th. I am still waiting for the receipts and hope to get them before the acquisition. Is my 485 in pending status even though I did not receive the receipts?

If the job responsibilities and location remains the same, do we need to amend 140?
What if the company name changes?
What if the company name does not change and becomes a subsidiary of the acquiring company?

I will be reaching out to our existing company attorney to understand my next steps.

Thanks in Advance!

[tomhagen]

We filled 485 by oct 1st. Today only my wife’s check was cashed by USCIS. Still waiting for receipt number.

Filed on Oct 6th, Received by USCIS on Oct 7th, USCIS encashed checked on Oct 27th. Seeing the Receipts (485, 765, 131) for both me and my wife in USPS delivery list for today.

[tomhagen]

Question for experienced folks on this forum. Once AOS is filed, for EAD and AP biomatrics needs to be completed or it is not required ? I see mixed cases in Trackitt hence would like to know

[idliman]

Question for experienced folks on this forum. Once AOS is filed, for EAD and AP biomatrics needs to be completed or it is not required ? I see mixed cases in Trackitt hence would like to know
In the beginning of 2020 (Jan/Feb 2020), USCIS came up with an update to biometric collection guidance (https://www.uscis.gov/news/alerts/uscis-issues-updates-to-biometrics-collection-guidance). Since then they have waived biometrics for EAD/AP and EAD/AP renewals have old biometrics reused for printing the cards. I think the waiver is based on the discretion of the adjudicator, however many more applicants have been waived biometrics. There should be some internal memoon this topic, but I have not seen it published anywhere. USCIS already has biometrics for all of us who did the ten-printing while obtaining the visa's or while entering the country.


As it stands, US immigrants need to make an official appointment to have their biometric information gathered at an Applicant Support Center (ASC). However, the agency will make exceptions for those with a disability or another medical issue, and offer mobile services to those who are physically unable to make it to an ASC.

So there is a chance that you will get EAD/AP before even appearing for biometrics at ASC. Your Mileage May Vary (YMMV).

[tomhagen]

In the beginning of 2020 (Jan/Feb 2020), USCIS came up with an update to biometric collection guidance (https://www.uscis.gov/news/alerts/uscis-issues-updates-to-biometrics-collection-guidance). Since then they have waived biometrics for EAD/AP and EAD/AP renewals have old biometrics reused for printing the cards. I think the waiver is based on the discretion of the adjudicator, however many more applicants have been waived biometrics. There should be some internal memoon this topic, but I have not seen it published anywhere. USCIS already has biometrics for all of us who did the ten-printing while obtaining the visa's or while entering the country.



So there is a chance that you will get EAD/AP before even appearing for biometrics at ASC. Your Mileage May Vary (YMMV).

Thank you very much Idliman. So first time filers might get a breathing space (EAD/AP) quickly then :)

[qesehmk]

I am one of those but still processing is needed to issue RFEs, isn't it? Almost all of them have expired medicals and we also need to submit 485J. Staff needs to open all of these cases, identify the ones that need RFEs, issue them, wait for their response, re-process the case and then issue GC. Perhaps that is what CO is referring to?
All of that is bureaucratic nightmare - perhaps not CO's fault - rather USCIS' fault because USCIS prepares the case and asks for a visa. CO simply controls availability. So my original comment should be read relative to USCIS rather than CO/ state dept.

[longwaitgigu]

This might be dumb question and must have been answered before
1. My lawyer just filed I 485 ( fragomen took forever to file eb3 without downgrade) and they said no for medicals at time of filing.
Do we have to wait for guidance from lawyer for our medicals or we can go ahead and finished them?. So whenever uscis sends RFE is speed up process.
2. With biden elected and Pfizer claiming success of covaid vaccine. It also means CP starts in feb and AOS lags behind. Is it predictable for eb3 to reach nov 1 2010 by July?
I do understand ROW usage ( specifically Philippines and south Korea)
Do we have any estimate based on past CP of these countries, how much horizontal spillover will india get?
Please gurus guide us.
Thankyou

[idliman]

This might be dumb question and must have been answered before
1. My lawyer just filed I 485 ( fragomen took forever to file eb3 without downgrade) and they said no for medicals at time of filing.
Do we have to wait for guidance from lawyer for our medicals or we can go ahead and finished them?. So whenever uscis sends RFE is speed up process.
2. With biden elected and Pfizer claiming success of covaid vaccine. It also means CP starts in feb and AOS lags behind. Is it predictable for eb3 to reach nov 1 2010 by July?
I do understand ROW usage ( specifically Philippines and south Korea)
Do we have any estimate based on past CP of these countries, how much horizontal spillover will india get?
Please gurus guide us.
Thankyou
1. You can submit I-693 only during initial filing OR while appearing for interview OR when you respond to an RFE. There is no defined mechanism to send I-693 or I-944 without a request from USCIS. With JB win, I would think that they will keep the medicals valid for more than 2 years. It might take a while for them to reach that point. So no harm in sending the I-693 now even if your PD is far off.
2. CP usage? You have enough GCs to move far into your PDs. Even if CP opens, it is going to be gradual. So no need to worry about that. Also it is beyond our control. If you need to view more accurate numbers, I suggest you subscribe to whereismygc.com;


While Biden has not yet been designated as president-elect by the General Services Administration, the agency that under law facilitates the handoff of one administration to the next, the Trump administration has already authorized the GSA to give guidance to each agency about how to interact with the incoming Biden team, according to a source familiar with the planning.

The DOS career officials are crafty. I would think that they would revolt against any interference from S.Miller from now onwards. That is an easy way to get into the good books of JB admin. I am expecting good positive VB movement this bulletin.

[longwaitgigu]

1. You can submit I-693 only during initial filing OR while appearing for interview OR when you respond to an RFE. There is no defined mechanism to send I-693 or I-944 without a request from USCIS. With JB win, I would think that they will keep the medicals valid for more than 2 years. It might take a while for them to reach that point. So no harm in sending the I-693 now even if your PD is far off.
2. CP usage? You have enough GCs to move far into your PDs. Even if CP opens, it is going to be gradual. So no need to worry about that. Also it is beyond our control. If you need to view more accurate numbers, I suggest you subscribe to whereismygc.com;



The DOS career officials are crafty. I would think that they would revolt against any interference from S.Miller from now onwards. That is an easy way to get into the good books of JB admin. I am expecting good positive VB movement this bulletin.
Thankyou idliman for ur inputs
So even without RFE, can we send medicals ( i693 form), and am I understanding right I do not need lawyer guidance for this, I can finish my medicals on my own?
My PD is oct 2010-eb3

[idliman]

Thankyou idliman for ur inputs
So even without RFE, can we send medicals ( i693 form), and am I understanding right I do not need lawyer guidance for this, I can finish my medicals on my own?
My PD is oct 2010-eb3
Sorry if I was not clear. You can submit medical report only under the above 3 situations. If you send it on your own, then there is no defined process. It may get lost or it may delay your application.

Your PD should easily clear with year 2020 quota in EB3. We just want faster movements so that it gives more time for USCIS to adjudicate. With JB very careful about COVID situation, my expectation is that they will eventually cancel all EB interviews. So I am advising all to include I-693 in the initial application. As you have already submitted your I-485 package, you have to wait for a RFE or interview notice to respond. Hope this Helps.

[longwaitgigu]

Thankyou for your insights
I do hope interview mandate will be cancelled as it was via EO on march 6 2017
As biden said he is cancelling all EOs as soon as he take office via Washington post article
I guess I was not clear with my question- do I need lawyer guidance or I can get medicals done on my own and keep it ready? ( in case only RFE comes and no interview)

[Zenzone]

Thankyou for your insights
I do hope interview mandate will be cancelled as it was via EO on march 6 2017
As biden said he is cancelling all EOs as soon as he take office via Washington post article
I guess I was not clear with my question- do I need lawyer guidance or I can get medicals done on my own and keep it ready? ( in case only RFE comes and no interview)

GC interview mandate for EB AOS is the one that I'm watching too. Pretty likely its gonna get quashed as it was just implemented by a mere EO in 2017 to your point above. That will do wonders to the admin. time and potentially in preventing visa wastage consequently!

[monsieur]

.... I guess I was not clear with my question- do I need lawyer guidance or I can get medicals done on my own and keep it ready? ( in case only RFE comes and no interview)

You don't need lawyer to get medical done. Just make sure, your doc is in USCIS approved list and knows what test to run. Start with USCIS website and you will get your details from source.

[idliman]

I guess I was not clear with my question- do I need lawyer guidance or I can get medicals done on my own and keep it ready? ( in case only RFE comes and no interview)


New Policy Requires Careful I-485 Planning and I-693 Medical Exam Timing (https://cilawgroup.com/news/2018/10/18/new-uscis-policy-extends-i-693-medical-exam-validity-to-two-years-but-must-file-i-693-earlier/)

In conjunction with the two-year I-693 medical exam validity from the date of its submission, USCIS is now requiring I-693 medicals to be filed within 60 days of the date the Civil Surgeon signs the medical exam. This will require very careful planning for initial I-485 filings, I-485 RFE responses where medicals are requested or attending I-485 interviews where updated (or initial) I-693 medical exams must be submitted.

Under the prior policy, many I-485 applicants would go ahead and complete the I-693 medical exam and then keep it in their file for up to one year before they submit to USCIS. This certainly helps with planning for an upcoming current priority date or upcoming I-485 interview when the medical exam is due to be submitted. The new policy will require much closer coordination of the completion of the I-693 medical exam process and the filing of the medical exam with USCIS.

My advice is to prepare for the I-693. Make sure that you are up to date on all vaccinations. Figure out which Civil surgeon you are going to, fees, requirements, turn around time, etc., As I-693 has a time clock, do it after you get a RFE or interview notice.

[vsivarama]

Thankyou for your insights
I do hope interview mandate will be cancelled as it was via EO on march 6 2017
As biden said he is cancelling all EOs as soon as he take office via Washington post article
I guess I was not clear with my question- do I need lawyer guidance or I can get medicals done on my own and keep it ready? ( in case only RFE comes and no interview)

I would recommend to follow the lead of your lawyer. GC will come when it will come and it is beyond our control. Taking actions which may seem to speed things up in the short term may actually end up slowing your case down. My lawyer mentioned about filing an interfile request for the medicals without an RFE, but it can only be filed with 485 receipt notice, and No you should NOT get your medicals done and wait for an RFE. Medicals need to be submitted to USCIS in 60 days from when it is done. I do not see a scenario where USCIS will be sending you an RFE in the next 2 months. So it will just be a waste of your money if you get your medicals done now.

[gcconnect]

Till now receipt not received for OCT filing. In that basis i have a Question regarding the Process. please answer

Receipt confirmation means
the application received acknowledgment or
the application verification/scrutiny completed and sent for subsequent process like EAD or AP

I am asking this because i got message DELIVERED Signed for by: E.EDUARDO for FedEx tracking, so I thought is this Receipt means something further process started?

[nankrish]

I filed my AOS and USCIS received it on Oct 12th. I got the receipt notices today from the Lawyer.

Notice Date in the receipt notices: Nov 3rd

[rabp77]

Till now receipt not received for OCT filing. In that basis i have a Question regarding the Process. please answer

Receipt confirmation means
the application received acknowledgment or
the application verification/scrutiny completed and sent for subsequent process like EAD or AP

I am asking this because i got message DELIVERED Signed for by: E.EDUARDO for FedEx tracking, so I thought is this Receipt means something further process started?

The fedex tracking signature confirmation is not the same as a receipt notice from USCIS. after its delivered by FEdex (or other carriers), USCIS does some checks to ensure that your case is a valid case to be filed (such as checking that the underlying -i140 is current for filing) and accepted, and all basic application forms are correctly filed, and required fees have been included. If all these basic checks pass, then USCIS will send you a receipt notice (i797c), which will have the case tracking number which you can use online to track the status of your application. Normally the receipt notice is sent 2-3 weeks after the fedex delivery. However, these may not be normal times, so my guess is it could take slighly longer.

[longwaitgigu]

Thankyou everyone for ur inputs
I will wait for RFE for medicals or if uscis ask to submit during interview

[Moveon]

I would recommend to follow the lead of your lawyer. GC will come when it will come and it is beyond our control. Taking actions which may seem to speed things up in the short term may actually end up slowing your case down. My lawyer mentioned about filing an interfile request for the medicals without an RFE, but it can only be filed with 485 receipt notice, and No you should NOT get your medicals done and wait for an RFE. Medicals need to be submitted to USCIS in 60 days from when it is done. I do not see a scenario where USCIS will be sending you an RFE in the next 2 months. So it will just be a waste of your money if you get your medicals done now.

The question of getting Medicals done without the RFEs keeps coming up so often. Maybe we need to bookmark this page and just paste the link for nay further questions.
Again , please do not send the medicals or any paper work out of turn . Plz send them only when you get an RFE (and only send what is requested for ) as sending them w/o an RFE will mostly lead to delays in processing and you will waste your money as medicals as mentioned above are only valid for 60 days .
To save time get your immunizations updated , so the only thing remaining will be the TB test that can be done once you get your RFE. Also get your Flu shots as they are mandatory when you file in the winter months .

[gcconnect]

The fedex tracking signature confirmation is not the same as a receipt notice from USCIS. after its delivered by FEdex (or other carriers), USCIS does some checks to ensure that your case is a valid case to be filed (such as checking that the underlying -i140 is current for filing) and accepted, and all basic application forms are correctly filed, and required fees have been included. If all these basic checks pass, then USCIS will send you a receipt notice (i797c), which will have the case tracking number which you can use online to track the status of your application. Normally the receipt notice is sent 2-3 weeks after the fedex delivery. However, these may not be normal times, so my guess is it could take slighly longer.

Thank you. so the I797c received means the file is accepted and time for the subsequent steps depends on the situation.

[rabp77]

Thank you. so the I797c received means the file is accepted and time for the subsequent steps depends on the situation.

yes...once you get the receipt notice, you have a valid adjustment of status application for which additional processing will happen. The receipt notice will also provide a case number, which can be tracked online. Good Luck !!!

[inspired_p]

I filed my AOS and USCIS received it on Oct 12th. I got the receipt notices today from the Lawyer.

Notice Date in the receipt notices: Nov 3rd
For me the receipt notices were received last week for USCIS received on 22nd October, the notice date is 23rd October.
The notice date is only important for the 180 days calculation after which EAD/AP holder can change jobs without filing a new I-140.
Other than that, I don't think it really matters. For the I-485 to be processed and greencard to be priority date has to be current as FAD.

[nankrish]

For me the receipt notices were received last week for USCIS received on 22nd October, the notice date is 23rd October.
The notice date is only important for the 180 days calculation after which EAD/AP holder can change jobs without filing a new I-140.
Other than that, I don't think it really matters. For the I-485 to be processed and greencard to be priority date has to be current as FAD.

Is 180 days based on notice date? I thought it is based on Received Date. In my notice, USCIS Received Date is Oct 12th but the Notice Date is Nov 3rd.

[Turbulent_Dragonfly]

Is 180 days based on notice date? I thought it is based on Received Date. In my notice, USCIS Received Date is Oct 12th but the Notice Date is Nov 3rd.

Notice date is when they mailed the notice. The Received Date is what is relevant for the 180 day countdown.

[inspired_p]

Notice date is when they mailed the notice. The Received Date is what is relevant for the 180 day countdown.

Cool ! Thank you for the clarification. Then Notice date does not matter at all, or does it?

[ak7419]

Even though I was current under final action date, USCIS approved my EAD last week. They have not initiated an RFE for medicals/485j :(

[Turbulent_Dragonfly]

Cool ! Thank you for the clarification. Then Notice date does not matter at all, or does it?

Other than reflecting the inefficiency of USCIS processing, probably not :)

[amarrecherla]

For me the receipt notices were received last week for USCIS received on 22nd October, the notice date is 23rd October.
The notice date is only important for the 180 days calculation after which EAD/AP holder can change jobs without filing a new I-140.
Other than that, I don't think it really matters. For the I-485 to be processed and greencard to be priority date has to be current as FAD.

I thought 485 is processed and keep it ready for a GC number to be available before FAD is current. Is that not the case?

[srisri]

Even though I was current under final action date, USCIS approved my EAD last week. They have not initiated an RFE for medicals/485j :(

Looks like you are not current yet, the rule is any PD prior to the final action date in VB is current. You are on the border and should be current in next bulletin. All the best.

[idliman]

Even though I was current under final action date, USCIS approved my EAD last week. They have not initiated an RFE for medicals/485j :(
Like srisri explained above, you are not current. Your PD should be one day before the published visa bulletin date. By the time USCIS looks at your I-485, your PD will be current.

EAD/AP and I-485 approvals are separate processes. For I-485, USCIS has to clear your fingerprinting and background check. The internal process involves multiple checks before GC is approved. Hence, GC approval takes more time. EAD/AP approval is straight-forward as they need to only make sure that your I-485 was accepted and is pending.

[fishelusa]

It seems like till oct 22nd received receipts. Mine sent on oct 26th and delivered on 27th. Awaiting for receipt notices.

[ak7419]

Like srisri explained above, you are not current. Your PD should be one day before the published visa bulletin date. By the time USCIS looks at your I-485, your PD will be current.

EAD/AP and I-485 approvals are separate processes. For I-485, USCIS has to clear your fingerprinting and background check. The internal process involves multiple checks before GC is approved. Hence, GC approval takes more time. EAD/AP approval is straight-forward as they need to only make sure that your I-485 was accepted and is pending.

Sorry, I had wrong PD in my profile and I have fixed it now. My EB2I PD is Sep 17, 2009. Just curious - shouldn't at least RFE be triggered while approving my EAD? Do you mean to say that the department that approves EAD works off of different system than 485?

[longwaitgigu]

Question on predictions for eb3 and eb2 dates by end of this FY
With biden elected, CP starting in February, how much horizontal spillover india can have as most backlogged country. What can we expect based on past CP usage by phillipines and south korea?
Is there any past CP numbers to correlate the trend.
I do read this forum and have read predictions by zenzone I guess and others saying eb2 and eb3 India meeting somewhere in 2011, but that was before election.

[android09]

It seems like till oct 22nd received receipts. Mine sent on oct 26th and delivered on 27th. Awaiting for receipt notices.

No, that is not a true statement. Mine was submitted on Oct 20th(Arizona). I have not received any receipts yet. My friend submitted his package on the 16th(Texas) and he hasnt received anything yet either.

[vsivarama]

It seems like till oct 22nd received receipts. Mine sent on oct 26th and delivered on 27th. Awaiting for receipt notices.

That is not a True statement. It will take a good 4 weeks to get receipts for the majority of the applicants. AZ service center may be a week or two ahead in providing receipts when compared to Texas which is heavily backlogged (all downgrade petitions go to texas).

[EB2IndSep09]

The question of getting Medicals done without the RFEs keeps coming up so often. Maybe we need to bookmark this page and just paste the link for nay further questions.
Again , please do not send the medicals or any paper work out of turn . Plz send them only when you get an RFE (and only send what is requested for ) as sending them w/o an RFE will mostly lead to delays in processing and you will waste your money as medicals as mentioned above are only valid for 60 days .
To save time get your immunizations updated , so the only thing remaining will be the TB test that can be done once you get your RFE. Also get your Flu shots as they are mandatory when you file in the winter months .

The assumption of medicals only valid for 60 days is not correct. I was having similar assumption and was corrected by my attorney during the filing of AOS last month.
"The medicals don’t need to be submitted within 60 days after completion. So long as the medicals are completed no more than 60 days before the I-485 is filed, they remain valid for 2 years. Once I-485 is filed, one can complete the medicals and they remain valid for submission for next 2 years. The valid Medicals could be used for responding to RFE when asked or can be taken along with other paperwork for an interview. Medicals should not be sent "
Hope this helps answering the lingering question.

I have scheduled my medicals for Jan 21 and below immunizations were given as required by the medical office.
Influenza (Flu) / Tdap / MMR / Varicella.

[rocketfast]

That is not a True statement. It will take a good 4 weeks to get receipts for the majority of the applicants. AZ service center may be a week or two ahead in providing receipts when compared to Texas which is heavily backlogged (all downgrade petitions go to texas).

I did notice that my petition was sent to Arizona (non-downgrade case) and was a little surprised. In trackitt's tracker, I generally only see Texas or Nebraska or NBC. Does anyone know when did Arizona as a service center come into the picture? Is this a new thing?

[longwaitgigu]

Which state u live in, we live in Florida
I dont know which service center is filed my case
It's non downgrade
I will ask lawyer today

[rocketfast]

Which state u live in, we live in Florida
I dont know which service center is filed my case
It's non downgrade
I will ask lawyer today

You can find it here. I live in California
https://www.uscis.gov/i-485-addresses

[EB2IndSep09]

I did notice that my petition was sent to Arizona (non-downgrade case) and was a little surprised. In trackitt's tracker, I generally only see Texas or Nebraska or NBC. Does anyone know when did Arizona as a service center come into the picture? Is this a new thing?

https://www.uscis.gov/i-485-addresses
It is based on the state one resides. All EB based on I140 are filed either in TX or AZ. I am not sure if the workload transfer applies for 485.

[Moveon]

The assumption of medicals only valid for 60 days is not correct. I was having similar assumption and was corrected by my attorney during the filing of AOS last month.
"The medicals don’t need to be submitted within 60 days after completion. So long as the medicals are completed no more than 60 days before the I-485 is filed, they remain valid for 2 years. Once I-485 is filed, one can complete the medicals and they remain valid for submission for next 2 years. The valid Medicals could be used for responding to RFE when asked or can be taken along with other paperwork for an interview. Medicals should not be sent "
Hope this helps answering the lingering question.

I have scheduled my medicals for Jan 21 and below immunizations were given as required by the medical office.
Influenza (Flu) / Tdap / MMR / Varicella.

Sorry for not being clear on this . When I meant "Valid for 60 days" it was in the context of people getting their medicals done before an RFE is requested . Assume that you complete the Medicals (Doctor signs on it) on Nov 10th and the RFE is issued on Jan 12th , you cannot use the Medicals as its more than 60 days since the RFE was issued . Some of the folks who filed for EAD in 2012 were getting their medicals done in anticipation on an RFE. My advice has been to get all immunizations plus flu shot done and get the final TB test and sign off after the RFE is issued. You save both time and lot of money .

Once you submit the medicals with the RFE, its valid for two years since the date of Doctor's signature .

[raradhya]

The assumption of medicals only valid for 60 days is not correct. I was having similar assumption and was corrected by my attorney during the filing of AOS last month.
"The medicals don’t need to be submitted within 60 days after completion. So long as the medicals are completed no more than 60 days before the I-485 is filed, they remain valid for 2 years. Once I-485 is filed, one can complete the medicals and they remain valid for submission for next 2 years. The valid Medicals could be used for responding to RFE when asked or can be taken along with other paperwork for an interview. Medicals should not be sent "
Hope this helps answering the lingering question.

I have scheduled my medicals for Jan 21 and below immunizations were given as required by the medical office.
Influenza (Flu) / Tdap / MMR / Varicella.

You are right the surgeon signature has to be with in 60 days before or after the I-485 submission date (~120 days) to be valid for 2 years.

if one has past immunisation records then the Surgeon will use them to enter in the I-693 application but will still issue a blood and Urine test to validate and attach the results in the package.
one other test is the TB test. some surgeons do it via blood test and some do it via the skin test.

[h1bh1bh1b]

Skin based tb test is not valid anymore

[Moveon]

Skin based tb test is not valid anymore

That is true . When I got the RFE in 2018 , that is what my doctor told me too. Its a blood test now .

[Viking]

My AOS application was received by the TX lockbox on 24th October. What happens if I don't get a receipt notice by 30th Nov with the following scenario. USCIS does not accept filing date and my application is rejected due to any reason. Do I lose the opportunity to refile or is there any recourse?

[GCkaLADDU]

My AOS application was received by the TX lockbox on 24th October. What happens if I don't get a receipt notice by 30th Nov with the following scenario. USCIS does not accept filing date and my application is rejected due to any reason. Do I lose the opportunity to refile or is there any recourse?

This is the scenario which is giving me some jitters as well. I guess its like missing the EAD boat :(

[ak7419]

Skin based tb test is not valid anymore

Can you please give me a link to USCIS page that says skin based test is no longer acceptable?

[Moveon]

Can you please give me a link to USCIS page that says skin based test is no longer acceptable?

https://www.murthy.com/2018/11/01/change-in-type-of-tb-test-for-green-card-applicants/
https://www.quantiferon.com/us/products/quantiferon-tb-gold-plus-us/provider-resources/uscis/
https://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/tuberculosis-civil-technical-instructions.html

[ak7419]

https://www.murthy.com/2018/11/01/change-in-type-of-tb-test-for-green-card-applicants/
https://www.quantiferon.com/us/products/quantiferon-tb-gold-plus-us/provider-resources/uscis/
https://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/tuberculosis-civil-technical-instructions.html

Thank you! This is helpful especially for folks who never had their medicals done!

[EB2IndSep09]

Thank you! This is helpful especially for folks who never had their medicals done!

More info on the medicals...
I-693 Instructions provides the cdc link which narrates how each test should be performed.
www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/technical-instructions-civil-surgeons.html
and lastly the current I-693 form is valid until 07/31/2022, so even if one does the medicals now and wait for RFE, it is VERY IMPORTANT to make sure the forms used are not expired before submitting to USCIS (RFE or Interview).

[Turbulent_Dragonfly]

My AOS application was received by the TX lockbox on 24th October. What happens if I don't get a receipt notice by 30th Nov with the following scenario. USCIS does not accept filing date and my application is rejected due to any reason. Do I lose the opportunity to refile or is there any recourse?

Why would you be worried if your application has already been received? Of course, if it's outright rejected for some reason, there will be an issue but otherwise you will be fine.

Anyways, just for some perspective, my packet reached on Oct 9th and I neither have a receipt number nor checks cashed yet. So it's taking a good bit of time for them to issue receipts. Expect about 4-6 weeks before you hear back from them.

[rabp77]

This is the scenario which is giving me some jitters as well. I guess its like missing the EAD boat :(

as long as USCIS has received the application by the end of the month, you do not need to worry. I was in the same situation 2 years ago (they stopped accepting the filing date from Feb-01-2019), and they had received my application in the last week of Jan. The application gets processed as long as they have received in during the month when they were supposed to receive it.

[1312011_eb2I]

Hi Q ,
I have a question, some how my legal team made a mistake on my residence history dates in my I-485 , which has already been submitted. I reached out to them asking if there is way to correct. They are saying they will respond if USCIS sends a RFE. Do you think there is an issue or a way to correct beforehand.

[Moveon]

Hi Q ,
I have a question, some how my legal team made a mistake on my residence history dates in my I-485 , which has already been submitted. I reached out to them asking if there is way to correct. They are saying they will respond if USCIS sends a RFE. Do you think there is an issue or a way to correct beforehand.

I would wait for an RFE which I doubt will ever come for such an issue unless the dates are terribly misplaced . I guess it should be OK as long as the dates are within the time you have spent in the US. If say you came in 2012 and they claim that you were staying in a US addr since 2011 then that might be a red flag. But again they would issue an RFE and give you a chance to correct it . I will not lose sleep over it .

[qesehmk]

Hi Q ,
I have a question, some how my legal team made a mistake on my residence history dates in my I-485 , which has already been submitted. I reached out to them asking if there is way to correct. They are saying they will respond if USCIS sends a RFE. Do you think there is an issue or a way to correct beforehand.
Your lawyers are right on the money. Don't bother.

[1312011_eb2I]

Your lawyers are right on the money. Don't bother.
Thank you!!

[1312011_eb2I]

I would wait for an RFE which I doubt will ever come for such an issue unless the dates are terribly misplaced . I guess it should be OK as long as the dates are within the time you have spent in the US. If say you came in 2012 and they claim that you were staying in a US addr since 2011 then that might be a red flag. But again they would issue an RFE and give you a chance to correct it . I will not lose sleep over it .
Thank you! Dates were overlapped between two apartments with in Same state and counties (in USA only). It was purely a honest mistake by legal team.

[GCkaLADDU]

as long as USCIS has received the application by the end of the month, you do not need to worry. I was in the same situation 2 years ago (they stopped accepting the filing date from Feb-01-2019), and they had received my application in the last week of Jan. The application gets processed as long as they have received in during the month when they were supposed to receive it.

Apologies for not being clear enough.

What i meant was a scenario wherein my application is received on time but later on its returned/rejected due to something critical missing (lets say signatures, incorrect cheque etc). I get to know of this after it has passed the filing date cutoff (for ex: Nov 30th) when i am no longer eligible to apply it again (assuming Dec VB doesn't accept filing date or Filing Date moves back).

[qesehmk]

Guys ...no guarantees ... but I just want to say - "relax". The dates won't retrogress immediately. You all are bright capable people. Everything will be alright. Just keep a positive attitude.

[idliman]

Apologies for not being clear enough.

What i meant was a scenario wherein my application is received on time but later on its returned/rejected due to something critical missing (lets say signatures, incorrect cheque etc). I get to know of this after it has passed the filing date cutoff (for ex: Nov 30th) when i am no longer eligible to apply it again (assuming Dec VB doesn't accept filing date or Filing Date moves back).
Don't worry about the lightning strike worst case scenario. In that case you will unfortunately miss the boat. This happens to one in 1000+ applications or so. That's why you pay big bucks to your attorney. They have processes that will prevent exactly this kind of a situation. We cannot do anything now. So be positive. Everything will be good. When one door closes another one will open.

[vsivarama]

Apologies for not being clear enough.

What i meant was a scenario wherein my application is received on time but later on its returned/rejected due to something critical missing (lets say signatures, incorrect cheque etc). I get to know of this after it has passed the filing date cutoff (for ex: Nov 30th) when i am no longer eligible to apply it again (assuming Dec VB doesn't accept filing date or Filing Date moves back).

I would recommend to worry about issues in your control. There is enough stress in the immigration process to be thinking about things beyond our control. If it's clerical error on USCIS' part then the lawyer can refile saying it was filed initially in a timely manner and was wrongfully rejected. USCIS will have to accept the case regardless of filing dates. If it's an error on our part, we missed the boat. But one thing I can absolutely say for certain, No amount of worrying about the fringe scenarios (not in our control) is going to change the outcome!!

[Turbulent_Dragonfly]

Finally got notification from the attorney that the checks were cashed! Received by them on Oct 9 and cashed exactly one month later on Nov 9. So those anxiously waiting for receipts, it's taking about 4 weeks or so.

[raradhya]

Finally got notification from the attorney that the checks were cashed! Received by them on Oct 9 and cashed exactly one month later on Nov 9. So those anxiously waiting for receipts, it's taking about 4 weeks or so.

any idea on the service center it was filed? was it a downgrade application?

[Turbulent_Dragonfly]

any idea on the service center it was filed? was it a downgrade application?

It was filed with Dallas lockbox but the notification came from the National Benefits Center (Receipt number starts with MSC). It’s a regular EB2 case, no downgrade.

[Moveon]

Thank you! Dates were overlapped between two apartments with in Same state and counties (in USA only). It was purely a honest mistake by legal team.

I doubt if they will even consider it as an RFE candidate. Its within the US and they can always verify the facts . So relax and enjoy the holidays . You will be fine.

[Viking]

Seems lot of rejections happening:

Sample of some cases:

MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190223467-Case Was Rejected Because It Was Improperly Filed
MSC2190249899-Case Was Rejected Because It Was Improperly Filed
MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190219988-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249898-Case Was Rejected Because It Was Improperly Filed
MSC2190249897-Case Was Rejected Because It Was Improperly Filed
MSC2190249896-Case Was Rejected Because It Was Improperly Filed
MSC2190249900-Case Was Rejected Because It Was Improperly Filed
MSC2190249901-Case Was Rejected Because It Was Improperly Filed
MSC2190249902-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249903-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249904-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249905-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249906-Case Was Rejected Because It Was Improperly Filed
MSC2190249907-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249908-Case Rejected For Incorrect Fee And Incorrect Form Version

[tomhagen]

Finally got notification from the attorney that the checks were cashed! Received by them on Oct 9 and cashed exactly one month later on Nov 9. So those anxiously waiting for receipts, it's taking about 4 weeks or so.

It will be a week by the time you get the receipts. For me checks encashed on 10/23 and got receipt physical copies on 11/02. Never received any text or email.

[Turbulent_Dragonfly]

Seems lot of rejections happening:

Sample of some cases:

MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190223467-Case Was Rejected Because It Was Improperly Filed
MSC2190249899-Case Was Rejected Because It Was Improperly Filed
MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190219988-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249898-Case Was Rejected Because It Was Improperly Filed
MSC2190249897-Case Was Rejected Because It Was Improperly Filed
MSC2190249896-Case Was Rejected Because It Was Improperly Filed
MSC2190249900-Case Was Rejected Because It Was Improperly Filed
MSC2190249901-Case Was Rejected Because It Was Improperly Filed
MSC2190249902-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249903-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249904-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249905-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249906-Case Was Rejected Because It Was Improperly Filed
MSC2190249907-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249908-Case Rejected For Incorrect Fee And Incorrect Form Version

I can only confirm this after I receive the paper notices, but I think the consecutive receipt numbers are in sequence for I-485, I-131 and I-765. At least that's what I can tell when I plug in my case number +1 and +2 from my I-485 case numbers. So they are likely rejecting the I-131 and I-765 if the I-485 is rejected.

[Zenzone]

My AOS application was received by the TX lockbox on 24th October. What happens if I don't get a receipt notice by 30th Nov with the following scenario. USCIS does not accept filing date and my application is rejected due to any reason. Do I lose the opportunity to refile or is there any recourse?

First of all, the series of what ifs and doom scrolling here is a bit rare of a rarity. Also, I'm pretty confident that USCIS will continue honor filing dates in December so even if your gloom n doom scenario materializes somehow, you and your attorney can re-file in December.

[Zenzone]

Seems lot of rejections happening:

Sample of some cases:

MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190223467-Case Was Rejected Because It Was Improperly Filed
MSC2190249899-Case Was Rejected Because It Was Improperly Filed
MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190219988-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249898-Case Was Rejected Because It Was Improperly Filed
MSC2190249897-Case Was Rejected Because It Was Improperly Filed
MSC2190249896-Case Was Rejected Because It Was Improperly Filed
MSC2190249900-Case Was Rejected Because It Was Improperly Filed
MSC2190249901-Case Was Rejected Because It Was Improperly Filed
MSC2190249902-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249903-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249904-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249905-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249906-Case Was Rejected Because It Was Improperly Filed
MSC2190249907-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249908-Case Rejected For Incorrect Fee And Incorrect Form Version

I really think you need to calm down :)

[Zenzone]

Finally got notification from the attorney that the checks were cashed! Received by them on Oct 9 and cashed exactly one month later on Nov 9. So those anxiously waiting for receipts, it's taking about 4 weeks or so.

Thanks for sharing here. Mine was received on 10/22 and my attorney was mentioning that it could take up to 4-6 weeks due to crazy volumes (obviously!).

[vsivarama]

Seems lot of rejections happening:

Sample of some cases:

MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190223467-Case Was Rejected Because It Was Improperly Filed
MSC2190249899-Case Was Rejected Because It Was Improperly Filed
MSC2190239988-Case Was Rejected Because It Was Improperly Filed
MSC2190219988-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249898-Case Was Rejected Because It Was Improperly Filed
MSC2190249897-Case Was Rejected Because It Was Improperly Filed
MSC2190249896-Case Was Rejected Because It Was Improperly Filed
MSC2190249900-Case Was Rejected Because It Was Improperly Filed
MSC2190249901-Case Was Rejected Because It Was Improperly Filed
MSC2190249902-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249903-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249904-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249905-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249906-Case Was Rejected Because It Was Improperly Filed
MSC2190249907-Case Rejected For Incorrect Fee And Incorrect Form Version
MSC2190249908-Case Rejected For Incorrect Fee And Incorrect Form Version

As far as I know it would not matter if they reject your i-765 and i-131. You need to be more concerned about i-485 being rejected. I do not see a reason to panic. I know it's anxious times and while we are waiting any bit of negative news can be blown out of proportion. Do we even know if these case are Employment based or Family based?

[srimurthy]

My take would be to not send the Supplement-J as they are already overloaded. Supplement-J is not mandatory to issue the GC, so if your Meds have not expired they might issue the GC w/o any RFE. If Meds have expired they will issue it together or just the Meds.

Any idea when a response for G-1145 (optional to intimate application received) can be expected?
If this is attached with the 485 Submission, do we expect a email or text in a week or a month... or based on the load they are just ignoring it?

[19YRSNOGC]

Same received by them on October 14th and got email from lawyer that checks cashed on November 13th

[tomhagen]

It will be a week by the time you get the receipts. For me checks encashed on 10/23 and got receipt physical copies on 11/02. Never received any text or email.

Got the biometric appointment for both me and my wife today.

[Kesid23]

Got the biometric appointment for both me and my wife today.

That is wonderful news!! Good to see the biometric appointments starting to happen. Hoping that we will get ours soon!

[tomhagen]

Got the biometric appointment for both me and my wife today.

My attorney included 485J along with my filing and today got a receipt number for that as well.

[Zenzone]

My attorney included 485J along with my filing and today got a receipt number for that as well.

Nice! When did u file and to which service center?

[tomhagen]

Nice! When did u file and to which service center?

Filed on Oct 6th and Texas Service Center

[Kesid23]

Got the biometric appointment for both me and my wife today.

I have a question for anyone who has received a biometric appointment after filing the AOS.

I am the primary applicant and my biometric notice says it is for I-765 and I 485 and is for code 3.

My spouse who is the derivative also got the biometric notice. But his application says that the case type is only I 765 and it is under Code 2.


Is this going to be a problem or lead to delays?

What does the notice say for you and your derivative?

I appreciate any response.

Thank you!

[mknop1]

I received mine and wife’s derivative notice and both have 485 & 765 on them and code is 3 on both. I can’t speak to your question on it’s implications. I am eb3 priority date june 2010.


I have a question for anyone who has received a biometric appointment after filing the AOS.

I am the primary applicant and my biometric notice says it is for I-765 and I 485 and is for code 3.

My spouse who is the derivative also got the biometric notice. But his application says that the case type is only I 765 and it is under Code 2.


Is this going to be a problem or lead to delays?

What does the notice say for you and your derivative?

I appreciate any response.

Thank you!

[rabp77]

I have a question for anyone who has received a biometric appointment after filing the AOS.

I am the primary applicant and my biometric notice says it is for I-765 and I 485 and is for code 3.

My spouse who is the derivative also got the biometric notice. But his application says that the case type is only I 765 and it is under Code 2.


Is this going to be a problem or lead to delays?

What does the notice say for you and your derivative?

I appreciate any response.

Thank you!

my data is around 2 years old, but both said code 3. My guess is that they may have the fingerprints from a recent appointment for one of you, and thats why the code is different. i doubt if this will lead to a delays, but if you are concerned you could try to confirm with USCIS.

[Kesid23]

Thank you both of you for replying.


What I was reading on trackitt with others who had similar experiences is that we may have to wait for another FP notice for 485 for my derivative!


The uncertainty is no fun!!

[tomhagen]

I have a question for anyone who has received a biometric appointment after filing the AOS.

I am the primary applicant and my biometric notice says it is for I-765 and I 485 and is for code 3.

My spouse who is the derivative also got the biometric notice. But his application says that the case type is only I 765 and it is under Code 2.


Is this going to be a problem or lead to delays?

What does the notice say for you and your derivative?

I appreciate any response.

Thank you!

Sorry for the delayed response. Yesterday was my biometrics appointment. For me and my wife code is 3. I don't believe it is going to cause any problem or delay. It is all depends on how recently they have the finger prints of the applicant.

[19YRSNOGC]

Received Biometrics Appointment for Jan5th in Dallas.Me and spouse received same time, do they let kids inside.

[tomhagen]

Sorry for the delayed response. Yesterday was my biometrics appointment. For me and my wife code is 3. I don't believe it is going to cause any problem or delay. It is all depends on how recently they have the finger prints of the applicant.

Happy to inform the forum that received EAD combo card on December 17th for both me and my wife. Here is the timeline.

USCIS Received date : 7th October
Checks Encashed : 23rd October
USCIS Notice Date : 24th October
Receipts received : 2nd November
Biometric appointment notices received : 13th November
Biometrics given : 30th November
Card Ordered email: 10th December
765 & 131 Approved : 11th December
Card Production email : 15th December
Card Delivered : 17th December

EAD validity : 1 Year

Best of luck for the folks who filed for adjustment of status

[longwaitgigu]

Tom Hagen
What is ur priority date
We have applied on November 6 for I 485
Have still not received receipt or biometric either

[tomhagen]

Tom Hagen
What is ur priority date
We have applied on November 6 for I 485
Have still not received receipt or biometric either

PD May 2011. Some how applications from the third week of October is taking way too long. Did you try to chat with Emma and ask for live agent then speak to USCIS Rep ? If not try that. Good Luck

[Kesid23]

Happy to inform the forum that received EAD combo card on December 17th for both me and my wife. Here is the timeline.

USCIS Received date : 7th October
Checks Encashed : 23rd October
USCIS Notice Date : 24th October
Receipts received : 2nd November
Biometric appointment notices received : 13th November
Biometrics given : 30th November
Card Ordered email: 10th December
765 & 131 Approved : 11th December
Card Production email : 15th December
Card Delivered : 17th December

EAD validity : 1 Year

Best of luck for the folks who filed for adjustment of status

Congratulations!!!!
This is a wonderful Christmas gift !!!

Hopefully more of us will start receiving them soon...

[qesehmk]

Happy to inform the forum that received EAD combo card on December 17th for both me and my wife. Here is the timeline.

USCIS Received date : 7th October
Checks Encashed : 23rd October
USCIS Notice Date : 24th October
Receipts received : 2nd November
Biometric appointment notices received : 13th November
Biometrics given : 30th November
Card Ordered email: 10th December
765 & 131 Approved : 11th December
Card Production email : 15th December
Card Delivered : 17th December

EAD validity : 1 Year

Best of luck for the folks who filed for adjustment of status

tomhagen - been a very long time I have seen your posts. Part happy part sad to see old timers like you still waiting. But hang in there ... this should be your year I suppose! What's your PD and category?

[tomhagen]

tomhagen - been a very long time I have seen your posts. Party happy party sad to see old timers like you still waiting. But hang in there ... this should be your year I suppose! What's your PD and category?

Q Thank you very much. I was not posting in the forum but every day at least 10-15 minutes i spend in the forum and keep myself up to date :). This is the only sane place out there with meaningful discussions :))

My PD is May 2011 in EB2 and Yes I have a strong feeling that 2020-21 is my year. Rest all in the hands of almighty :)

[qesehmk]

Q Thank you very much. I was not posting in the forum but every day at least 10-15 minutes i spend in the forum and keep myself up to date :). This is the only sane place out there with meaningful discussions :))

My PD is May 2011 in EB2 and Yes I have a strong feeling that 2020-21 is my year. Rest all in the hands of almighty :)

Let's cross fingers. With EAD you are already half way there !!

[inspired_p]

Happy to inform the forum that received EAD combo card on December 17th for both me and my wife. Here is the timeline.

USCIS Received date : 7th October
Checks Encashed : 23rd October
USCIS Notice Date : 24th October
Receipts received : 2nd November
Biometric appointment notices received : 13th November
Biometrics given : 30th November
Card Ordered email: 10th December
765 & 131 Approved : 11th December
Card Production email : 15th December
Card Delivered : 17th December

EAD validity : 1 Year

Best of luck for the folks who filed for adjustment of status

This was very quick :) . I had the biometric appointment on 1st December 2020 , and then the case got transferred. I hope the EAD comes this soon.

[nankrish]

I filed my AOS and USCIS received it on Oct 12th. I got the receipt notices today from the Lawyer.

Notice Date in the receipt notices: Nov 3rd

Just an update to my case. Completed biometrics appointment on Dec 23rd.

[longwaitgigu]

This is question out of fear and anxiety
We still have not received our receipts.
What is possibility of refilling i485 if uscis rejects the application and dates of filing is closed in Jan.
Does uscis allow to refile in window period of rejection? Or we have to wait whenever it opens back up
PD oct 2010-eb3

[rabp77]

This is question out of fear and anxiety
We still have not received our receipts.
What is possibility of refilling i485 if uscis rejects the application and dates of filing is closed in Jan.
Does uscis allow to refile in window period of rejection? Or we have to wait whenever it opens back up
PD oct 2010-eb3

heres what i have seen regarding refiling based on experience of friends i personally know.

1. If USCIS rejects the application for a valid reason, and they your dates are not current for refiling, you normally need to wait till the dates to be current for filing a new application again.

2. However, there is a an exception to this, when the rejection is because of a mistake in processing. In this case, you are allowed to resend the same application with clarification. The only condition here is that everything mentioned in the original application should be still valid (and no modifications are allowed). Just a few additional documentation can be provided to show why the rejection was incorrect. This happened to a couple of my friends i personally know. They will normally provide you the reason why it was rejected in the rejection notices. If you think this the reason is not valid or incorrect, you can get back to them with the clarification.

I have normally seen approval and rejection notices take the same amount of time to be sent. So i would think your application has just not been processed due to workload, and you just need to wait a bit. They do seem to be overloaded, as last year the receipt notices were sent in 2-3 weeks in close to 100% of the cases. If they received it, and have not sent an approval or rejection notice, the ball is clearly on their court.

[longwaitgigu]

heres what i have seen regarding refiling based on experience of friends i personally know.

1. If USCIS rejects the application for a valid reason, and they your dates are not current for refiling, you normally need to wait till the dates to be current for filing a new application again.

2. However, there is a an exception to this, when the rejection is because of a mistake in processing. In this case, you are allowed to resend the same application with clarification. The only condition here is that everything mentioned in the original application should be still valid (and no modifications are allowed). Just a few additional documentation can be provided to show why the rejection was incorrect. This happened to a couple of my friends i personally know. They will normally provide you the reason why it was rejected in the rejection notices. If you think this the reason is not valid or incorrect, you can get back to them with the clarification.

I have normally seen approval and rejection notices take the same amount of time to be sent. So i would think your application has just not been processed due to workload, and you just need to wait a bit. They do seem to be overloaded, as last year the receipt notices were sent in 2-3 weeks in close to 100% of the cases. If they received it, and have not sent an approval or rejection notice, the ball is clearly on their court.

Thankyou for your insight

[desiman]

Which is your service center, TSC or NSC? A few friends of mine from sept and oct 2009 are yet to receive RFEs, one of whom is current for the past two months. All of their applications are being processed at TSC

so how does this scenario works out... we just have to wait to receive RFE and then take the next steps? I am Oct 09 and not current yet, but on EAD for ages now and not sure what the next steps are after becoming current.

[idliman]

so how does this scenario works out... we just have to wait to receive RFE and then take the next steps? I am Oct 09 and not current yet, but on EAD for ages now and not sure what the next steps are after becoming current.
Once you file I-485, I-131 and I-765, first you get receipt notices. Then you get a Fingerprinting appointment. Don't miss the FP. If you do not show up for fingerprinting, it will mostly lead to denial of I-485. Once USCIS gets your FP, then they send it to FBI and all agencies so that background check can be completed. Usually after FP is done, you will see the EAD/AP approval. With pandemic, I am not sure how this timeline works. Some people have received EAD/AP without FP.

If you are one of the folks who happen to share last or first names with terrorists or other person of interest to USA or somehow show up as related in their system, then the background process will drag on. I have heard stories where some folks from sensitive countries such as Iran are waiting more than 1+ years to clear background check.

If you application is complete (i.e., I-693, I-944 and everything else is included) then you will not hear anything. Otherwise USCIS will send a RFE and ask for missing information. You will be in a black hole and will visit online forums a lot to know what's happening to people with PDs around you. Usually it take 6+ months in DT admin. The JB admin will definitely speed it up.

There are folks who had already filed I-485 a few years back and have completed all the processes that I had mentioned above. When their PD is not current, they will be moved to the category of "Pre Adjudicated". Their paper copy files are sent to off site storage. Then you wait till your PDs is current for USCIS to bring back those files, issue new RFEs for I-694, Supp J etc.

Once everything is complete from your side, you need to watch the "processing times". If you exceed normal processing time, then you can raise a service request.

[19YRSNOGC]

Once you file I-485, I-131 and I-765, first you get receipt notices. Then you get a Fingerprinting appointment. Don't miss the FP. If you do not show up for fingerprinting, it will mostly lead to denial of I-485. Once USCIS gets your FP, then they send it to FBI and all agencies so that background check can be completed. Usually after FP is done, you will see the EAD/AP approval. With pandemic, I am not sure how this timeline works. Some people have received EAD/AP without FP.

If you are one of the folks who happen to share last or first names with terrorists or other person of interest to USA or somehow show up as related in their system, then the background process will drag on. I have heard stories where some folks from sensitive countries such as Iran are waiting more than 1+ years to clear background check.

If you application is complete (i.e., I-693, I-944 and everything else is included) then you will not hear anything. Otherwise USCIS will send a RFE and ask for missing information. You will be in a black hole and will visit online forums a lot to know what's happening to people with PDs around you. Usually it take 6+ months in DT admin. The JB admin will definitely speed it up.

There are folks who had already filed I-485 a few years back and have completed all the processes that I had mentioned above. When their PD is not current, they will be moved to the category of "Pre Adjudicated". Their paper copy files are sent to off site storage. Then you wait till your PDs is current for USCIS to bring back those files, issue new RFEs for I-694, Supp J etc.

Once everything is complete from your side, you need to watch the "processing times". If you exceed normal processing time, then you can raise a service request.
Thanks for the explanation. My PD is 1 month 1 day from your date . Didn't files earlier i485,so if by chance we become current this month ,is there any chance that since they reviewed files recently get priority or they go by priority date.

[desiman]

Thanks Idli-Man from Desi-Man!

I had filed 485 long ago... and did medical few times... hopefully all steps you mentioned are completed... now need to wait for the RFE for the I-694, Supp J, I guess

[bangaloreboy]

As far as I know it would not matter if they reject your i-765 and i-131. You need to be more concerned about i-485 being rejected. I do not see a reason to panic. I know it's anxious times and while we are waiting any bit of negative news can be blown out of proportion. Do we even know if these case are Employment based or Family based?

Dear All,
While my (primary) application (I-485, I-765, I-131) is being processed and checks cashed, the derivative's applications (I-485, I-765, I-131) were rejected with "Case Was Rejected Because It Was Improperly Filed" reason. We are still waiting for receipt of notices (notice date 01/19/2021).
When the rejection package is received and we understand what the reason for rejection was, do you think the application can be re-applied if FA date is being used for filing as opposed to DF date?
Thanks in advance for sharing your experience and advice!

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021 (primary only)

[idliman]

Dear All,
While my (primary) application (I-485, I-765, I-131) is being processed and checks cashed, the derivative's applications (I-485, I-765, I-131) were rejected with "Case Was Rejected Because It Was Improperly Filed" reason. We are still waiting for receipt of notices (notice date 01/19/2021).
Sad to head about this.

Per the Standard Operating Procedure for I485 the following are the rejection reasons:


Incorrect Fee
Lack of Signature
Basis of Eligibility
No Visa Availability and
Improper Jurisdiction.


It also says

If the application is lacking relevant answers or documents (e.g., I-693 or I-944), these must be requested from the applicant through the RFE procedure once the application has been receipted. If such deficiencies can be identified prior to fee acceptance, a "rejection" notice may be used, rather than a request for additional information.

We have to wait and see. My guess is it should be item 1) or 2) for them to reject a derivative application. OR the attorney / paralegal forgot to fill-in some fields of the I485. Did you get time to go through the application in detail and check the sanity of the application?

[AceMan]

Dear All,
While my (primary) application (I-485, I-765, I-131) is being processed and checks cashed, the derivative's applications (I-485, I-765, I-131) were rejected with "Case Was Rejected Because It Was Improperly Filed" reason. We are still waiting for receipt of notices (notice date 01/19/2021).
When the rejection package is received and we understand what the reason for rejection was, do you think the application can be re-applied if FA date is being used for filing as opposed to DF date?
Thanks in advance for sharing your experience and advice!

PD: 30-Jun-2010 EB2-I
AOS/EAD/AP applied : 28-Oct-2020
Service Center: Lewisville Lockbox
Checks cashed: 21-Jan-2021 (primary only)

If you are missing the the columns 3a or 9a on the derivatives application, you might be in luck and might be able to refile. https://millermayer.com/2020/in-response-to-litigation-uscis-pauses-blank-space-rejection-policy/

[bangaloreboy]

Sad to head about this.

Per the Standard Operating Procedure for I485 the following are the rejection reasons:


Incorrect Fee
Lack of Signature
Basis of Eligibility
No Visa Availability and
Improper Jurisdiction.


It also says


We have to wait and see. My guess is it should be item 1) or 2) for them to reject a derivative application. OR the attorney / paralegal forgot to fill-in some fields of the I485. Did you get time to go through the application in detail and check the sanity of the application?

Thanks Idliman! To have this information so readily shows your mastery in this subject!
I really hope its either 1 or 2 even though we know it cant be 1 since we filed same fee for both primary and derivative.
And we cross checked our signatures 3 times...
which makes us hang one's hopes on 'Improperly Filed' wording and not something ominous...

[bangaloreboy]

If you are missing the the columns 3a or 9a on the derivatives application, you might be in luck and might be able to refile. https://millermayer.com/2020/in-response-to-litigation-uscis-pauses-blank-space-rejection-policy/

Aceman, thanks very much for the suggestion!
Although we havent received the rejection packet yet, we looked at derivative I-485 form and we did leave 3.a blank and our lawyer seemed to have agreed.
I have 2 questions, would the community be very kind to provide your thoughts?
1. Should 3.a checkbox be selected in the derivative's I-485? (Primary is EB2-I)
2. Can we file corrected application in February, knowing FA date should be used for filing per Feb VB i.e. does this restriction apply to re-submitting rejected applications too?

Thanks again!

[AceMan]

Aceman, thanks very much for the suggestion!
Although we havent received the rejection packet yet, we looked at derivative I-485 form and we did leave 3.a blank and our lawyer seemed to have agreed.
I have 2 questions, would the community be very kind to provide your thoughts?
1. Should 3.a checkbox be selected in the derivative's I-485? (Primary is EB2-I)
2. Can we file corrected application in February, knowing FA date should be used for filing per Feb VB i.e. does this restriction apply to re-submitting rejected applications too?

Thanks again!

My friend spouse who did not select 3a had her and the kids form rejected. His lawyer corrected and sent it in January first week said USCIS is expected to accept it, even though January had only final date being accepted.

[bangaloreboy]

My friend spouse who did not select 3a had her and the kids form rejected. His lawyer corrected and sent it in January first week said USCIS is expected to accept it, even though January had only final date being accepted.

That's encouraging! thanks...

[kuku82]

I-765 status changed today to card being produced both for spouse and me. We had biometrics appointment on 21st Jan.