my PD became current April 1st 2021 and received RFE on June 25th replied to RFE on July16th waiting for decision (officer XM0293). I heard he is very slow after 3 months also not approving cases.
PD is 2010 Feb
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Is there any pattern, USCIS following to approve 485 other than PD? There are people waiting in 2009 and 2010 and seen 485 approval cases for 2011,2012..
Hello Gurus/Experts,
My PD is Sep-2010. I-485 receipt date: Oct-26-2020.
I received EAD-AP card on July-26th. Today I received Medical RFE for me and my dependents.
Now, the problem is, I have already resigned from my current (GC sponsoring) employer and Aug-08th will be my last day with them.
I am joining the new employer on Aug-09 and I have already started working with the new employer's attorney to file I-485J.
Question:
Should I wait for I-485J to be filed by my new employer's attorney before responding to Medical RFE? Because I am a bit skeptical that
if I respond to Medical RFE and leave my current GC sponsoring employer, it might create some issues while processing I-485. Because, in case
if I get called for interview and asked about my current GC employer, I will not be able show Employment Verification Letter or current pay stubs. Of course, I would be having
I-485J from my new employer.
Please let me know if you see any challenges for this scenario.
I am of the opinion that one needs to have a clean I-485 Supp J path for getting a GC. One should not get a GC based on a job that he/she does not intend to work in (or go back to). On the other hand if you are going to the previous job specified in I-485 after GC, then you don't need another I-485J. If USCIS AO, does his/her job correctly they will send you another RFE for I-485 Supp J (if they check your current employment).
I am going to repeat my usual line: A GC is given on the basis of a future job. It is a contract between you and the employer. You agree to work in that job after GC. The employer agrees to give you a genuine FT offer of employment. If you don't work for the company stated in I-485 contract, you are breaking the terms of GC. That's why employer A can file for GC when you are working for employer B (as some here are doing). But by law one has to work for the company specified in GC application after getting GC. USCIS does not have the manpower to enforce this.
You should work with the attorney of the new company and reply to I-693 RFE at the same time file I-485 Supp J (job portability or option b in the form). This will reduce processing time and lead to a faster GC. But make sure that you meet the deadline for I-693 in any case. If you miss the RFE deadline then I-485 will be automatically denied.
Hello, My AP was approved on 07/20 even though i had traveled in December. The law firm (one of the big ones) says that i can use the AP for the approved duration since it has been approved despite travel. I have seen a few posts here on this topic suggesting re-filing of I-131.
Also, i have received medical RFE and am working to get I-693 done. If all goes well; GC might be approved sooner than later.
Since the law firm is not going to re-file I-131, should i do it on my own to be on the safe side if any unforeseen travel comes up before getting the GC.
PS: I will need H1 visa stamping if i travel.
It's better to refile your I-131 again. The attorney's are divided on this issue as to if it's fine to travel or not. Some say, USCIS approved it so you need not worry. Some say USCIS approved by mistake and technically it should have been denied as per law. When in such a situation it is always better to play it safe. Yes, I can see the other side of the argument that you do not need to worry when USCIS approved it. But if you get stopped by immigration at the airport good luck trying to cite the laws to them. Whenever you enter a grey area the law is applied how the person in charge interprets it and not how you want them to interpret it. Sorry that you are in this situation but it's best to reapply and you can do so on your own. You do not need your lawyer. Hope you get your GC sooner and thus making travel on AP moot.
The last update of emergency travel from USCIS was on 11/30/2020. Here are the wordings:
If this is the first AP and you had used H1-B to reenter, then I-131 should not be valid. However, USCIS approved I-131 longtime after you came back to USA. Is it a 1 year or 2 year combo card? I have no opinion on this topic. Could not say whether I will take a chance or not. If you decide to get a new I-131, you can apply for AP renewal yourself by following our template. And there is no fee for AP renewal.Quote:
If you file Form I-131, Application for Travel Document, to request an advance parole document and depart the United States without possession of an advance parole document that is valid for the entire time you are abroad, your Form I-131 will be considered abandoned. At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.
I can share my experience. Coz of job change and delayed perm, I was able to file my I-140 (prem) and I-485 in May. If it helps I got receipt in 6 weeks and still waiting for Biometric appointment. Lawyer sent paper work so don't know where it went but got my receipt with LINxxxxxxxxx number.
Question for grp - My new colleague is getting ready to file for both I-140 in prem and I-485 and asked me for an advice. Based on my own experience I feel getting I-140 approved first and then filing for 485 might be beneficial as his case can be directly sent for Bio-metric. What you guys have seen?
Just my opinion:
You would most likely get GC in next 1 to 2 months (post your RFE response). DO you foresee a need to travel before that? Other point to consider would be, even if you reapply I-131, what would be chances of getting I-131 approved before your GC?
Thanks for responding vsivarama, idliman and aGC.
This is my first AP and i came back on H1 back in December. The EAD/AP cards are with law firm and i will receive them shortly but i think they maybe valid for 2 years.
My last year travel was due to a family emergency and currently there is no plan to travel. The circumstances during my last travel were horrible and i don't wish it on anyone. My passport did not have 6 months of validity, my previously stamped H1 visa had one week of validity left when i came back, consulates were partially closed etc. Just because of this experience; i was thinking about refiling the I-131 and keeping it handy if GC approval is delayed for any reason. In case something untoward happens; if i refile there is an option to request emergency AP at FO if GC is not yet approved.
Since USCIS has approved the AP; should i return the card and ask for a new one due to travel. If it's a combo card; i don't know if I have to request another EAD card as well.
PD JAN 2010 for EB2. After 5 months of being current, received RFE for I485j and Medicals today
I'll be current next month (EB3I - PD April 2013 Straight). With same employer and submitted medicals with i-485 back in Nov 2020.
Got Supp J receipt today. Emma agent mentioned that file is with NBC but might move to FO soon. Not sure how reliable is this info and am not reading much into it given its 'Emma'. Fingers crossed!
today Mine and dependent 485 Status updated to RFE . also Primary 765 status to New Card is being produced.
Category: EB2I Straight
PD: JAN 2011
RD: Oct 29, 2020 (medical not submitted with application)
Receipt number: MSC2190686xxx
ND (I-485, I765, I131): Jan 15th, 2021
FP: Mar 15th, 2021
ND (I485J): June 24, 2021 Fees Waived notice
I485: RFE
EAD(I765): Jul 29, 2021: New Card Is Being Produced
AP(I-131): case is received
Dependent: Pending all forms (I-485 - RFE , I765 - pending, I131 - case received)
We are ready with medicals package, I was thinking to interfile today ,since we got RFE status today, once we receive Physical RFE notice will reply to RFE.
today mine and dependent 485 Status updated to RFE . also Primary 765 status to New Card is being produced.
Category: EB2I Straight
PD: JAN 2011
RD: Oct 29, 2020 (medical not submitted with application)
Receipt number: MSC2190686xxx
ND (I-485, I765, I131): Jan 15th, 2021
FP: Mar 15th, 2021
ND (I485J): June 24, 2021 Fees Waived notice
I485: RFE
EAD(I765): Jul 29, 2021: New Card Is Being Produced
AP(I-131): case is received
Dependent: Pending all forms (I-485 - RFE , I765 - pending, I131 - case received)
We are ready with medicals package, I was thinking to interfile today ,since we got RFE status today, once we receive Physical RFE notice will reply to RFE.
I was thinking it has more to do with PD, but maybe the ND has some relevancy as well. Hard to evaluate patterns and draw conclusions. At least the good part is your application is documentarily complete and with the decision being eminent the likelihood of waking up one day and seeing the approval online without any prior notice is high.
Congrats on getting the EAD/AP approved! Just FYI I got my GC approved today. I opened an SR online on 7/7 and I got an automated notification email saying that they will review the request and process it by 7/29 and today I got CPO notifications. So you could also try opening an SR online just like you did for EAD/AP and give it a shot.
Experts - can at-least one of you chime in your responses for the "Question for grp" mentioned in the QUOTE please? It would be really helpful for the applicants who already have a PD from one of their previous employers and are currently in the process of applying I-140 with a new PERM from their current employer. Thank you!
All,
My EAD got approved today. PD: Nov 2010 EB2I. Does anyone know how much time it takes between EAD and 485 approval? We had sent medicals with the application in Oct. I am not sure why USCIS is approving EADs when they could have just approved 485.
Thanks GCGCGC! Is this based on your observation, or just to make me feel somewhat better? :D Seeing how USCIS has processed cases here and trackitti, I really don't have any hope. It will be great if you could share some insights.
Also, does anyone know whether MSC approves EAD and AP, or field office does it?
Where did you get that number from?! That's not true at all. The timeline goes from 1 day(Cases where some got their GC the very next day after EAD approval) to several months or possibly a year(many people who got their EADs in January are still waiting for their GC).
EB2-EB3 downgrade application
PD: 5/18/2011
RD: 10/28/2020
Biometric: 3/19
140 approved in PP on 7/7
EAD/AP pending (spouse ead/app approved thru expedite processing)
485 transferred to NBC on 7/23
485 transferred back to Nebraska on 7/28
Anyone has clue what this means? Any reason to transfer back and forth between centers?
Hi,
Does anyone in this group attended an interview for I-485? If so what are the expected questions during the interview? I have an interview scheduled for Aug 9th
Based on reading others? experiences, it usually is to confirm the job offer and confirming duties and responsibilities if AC21 was used. They can also verify your birth/marriage bonafides so take the birth/marriage certificates that was submitted. Of course if there has been any criminal or other legal issues, hopefully those are sorted out before then. You can also take the medicals to the interview if you did not submit one and did not get an RFE. You could also be asked for proof of continual status so make sure you take a copy of all I-94s, I20s and I797s. Don?t put too much pressure on yourself or spouse and go in cool and confident as it should be just a formality.