Post 485-Filing

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01-03-2012, 05:34 PM
Gclongwait

PD on the derivative receipt

Hey

The PD on my wifes I485 receipt is the RD 12/21/2011. Is this the same for everyone or is this some error.
01-03-2012, 06:05 PM
nishant2200

Getting EAD does not mean you are pre-adjudicated, your 485 is being processed or all needed documents have been given. I am pretty sure it's a totally different department, and separate immigration officers. An EAD processing does not need the level of experience or expertise needed for a 485 adjudication. Even FP is not needed to be completed for EAD/AP.

I believe 485 file processing can begin anytime after you the receipt has been generated, but it can be marked as pre-adjudicated only when, apart from all other usual requirements to prove eligibility, background check:
- FP is done, FBI has been sent request, and your background check is cleared
- FP is done, FBI has been sent request, but your name check has been pending since 180 days with FBI

http://www.uscis.gov/portal/site/usc...004718190aRCRD

There are cases I know of personally, both involving India and ROW, EB2, which got approved for GC within a week after FP done. So I would say that once FP done, anytime GC can be expected if date is current.

There is no way to know if your file is pre-adjudicated, unless you are out of your processing time bound advertised by service center, and you attempt to make an service request or congressional inquiry.

A pre-adjudicated app will only be sitting around if the dates are not current. In such case, such applications are sent to pending visa number to DOS and also contribute to demand data report.

Also see:
http://www.uscis.gov/ilink/docView/A...html#0-0-0-292
for Order of Processing. Very important stuff to see here:
"Generally, applications and petitions should be processed in the order in which they are received." - send in your applications as soon as possible.
"If USCIS receives a response, or the time to submit a response elapses, the case shall be returned to its original processing place. Returning the file to the original processing place will normally make the case ready for immediate adjudication." - means respond to a RFE fast, as soon as they get it, they will adjudicate if response is adequate

Quote:

Originally Posted by RMS_V13

So when does this adjudication or pre-adjudication (sic) happen?

This is what I understand

1. 2 weeks after ND, receive FP notice
2. 4 weeks later u go for FP
3. Within 90 days from ND, you "may" receive AP and EAD

What happens next when
1. dates are current
2. dates retrogress

Does Pre-adjudication begin as soon as FP is done and the final approval only when Visas are avble?

Does it mean if I get my EAD, I am pre-adjudicated?
01-03-2012, 06:33 PM
gc0907

I am kind of thinking the same. I don't have any urgency but am thinking if I get GC by Feb and if my company let me work-from home I want to go for 2 months. Don't want to go during hot summer in India.

Quote:

Originally Posted by imechanix

Teddy & Guru's,

I was planning to travel India by end of January 2012 using Advance Parole but I'm not sure if I should. I'm concerned that if there is an RFE (as my dates are current) then it would be helpful to reply back if I'm still in US. Do you have any suggestions?

I want to have some peace of mind while I'm in India. Do you expect Oct filers getting GC this month?

I'm totally confused. Need help.

Thanks in advance.
01-03-2012, 06:53 PM
RMS_V13

Nice explanation..Thanks!

Quote:

Originally Posted by nishant2200

Getting EAD does not mean you are pre-adjudicated, your 485 is being processed or all needed documents have been given. I am pretty sure it's a totally different department, and separate immigration officers. An EAD processing does not need the level of experience or expertise needed for a 485 adjudication. Even FP is not needed to be completed for EAD/AP.

I believe 485 file processing can begin anytime after you the receipt has been generated, but it can be marked as pre-adjudicated only when, apart from all other usual requirements to prove eligibility, background check:
- FP is done, FBI has been sent request, and your background check is cleared
- FP is done, FBI has been sent request, but your name check has been pending since 180 days with FBI

http://www.uscis.gov/portal/site/usc...004718190aRCRD

There are cases I know of personally, both involving India and ROW, EB2, which got approved for GC within a week after FP done. So I would say that once FP done, anytime GC can be expected if date is current.

There is no way to know if your file is pre-adjudicated, unless you are out of your processing time bound advertised by service center, and you attempt to make an service request or congressional inquiry.

A pre-adjudicated app will only be sitting around if the dates are not current. In such case, such applications are sent to pending visa number to DOS and also contribute to demand data report.

Also see:
http://www.uscis.gov/ilink/docView/A...html#0-0-0-292
for Order of Processing. Very important stuff to see here:
"Generally, applications and petitions should be processed in the order in which they are received." - send in your applications as soon as possible.
"If USCIS receives a response, or the time to submit a response elapses, the case shall be returned to its original processing place. Returning the file to the original processing place will normally make the case ready for immediate adjudication." - means respond to a RFE fast, as soon as they get it, they will adjudicate if response is adequate
01-03-2012, 08:26 PM
imechanix

Quote:

Originally Posted by TeddyKoochu

Thus far except for 1 case all approvals have been from NSC, TSC processing time is 6 months while NSC is 4. However irrespective of the processing time I think you should get greened in the next 2 months as most cases get resolved well within the timeline. Your date should also stay current even if there is retrogression. I remember your case since the trip is really long cherished its fine; EAD / AP there are normally no issues. If you have not booked your tickets then if you go after 2 months there is high likelihood that you will go with your GC itself. If there is a RFE your attorney can take care of it and you can correspond via email, you can check the online status hopefully.

Thanks Teddy for your quick and useful information. It's been almost 10 years now and want to take a nice long leave. I have not booked my tickets yet. I also talked with my attorney and she also replied along similar lines.

She also said if I go using EAD/AP then I can continue on H1B after my arrival back to US without stamping according to current USCIS policy. This was confusing to me as I thought I cannot reinstate H1B without H1 stamping.

Thanks again for sharing your knowledge.
01-04-2012, 09:45 AM
indiaeb2

Friends - I saw in Trackitt that many folks who have RD 10 days more than me have got EAD/AP approval. Nothing for me Yet. please advice me what should i do?
01-04-2012, 12:35 PM
gchopeful123

I would suggest to wait for another week (since ppl would be back from vacation this week). If you still don't get it, I would suggest to call the USCIS case support to get a feeler.

Quote:

Originally Posted by indiaeb2

Friends - I saw in Trackitt that many folks who have RD 10 days more than me have got EAD/AP approval. Nothing for me Yet. please advice me what should i do?
01-04-2012, 12:57 PM
indiaeb2

Quote:

Originally Posted by gchopeful123

I would suggest to wait for another week (since ppl would be back from vacation this week). If you still don't get it, I would suggest to call the USCIS case support to get a feeler.

Thanks GCHopeful123. Can we call them to find status even before 90 days. I thought we can get status only after 90 days. please confirm
01-04-2012, 01:20 PM
gchopeful123

Yes - they generally go by the processing time listed. But I have found the support reps to be very helpful and courteous. Maybe they will be able to provide you some details which could put your mind to rest. No harm in trying.

Quote:

Originally Posted by indiaeb2

Thanks GCHopeful123. Can we call them to find status even before 90 days. I thought we can get status only after 90 days. please confirm
01-04-2012, 01:41 PM
nishant2200

Quote:

Originally Posted by indiaeb2

Thanks GCHopeful123. Can we call them to find status even before 90 days. I thought we can get status only after 90 days. please confirm

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

● If more than 75 days have passed since you filed Form I-765, Application for Employment Authorization, and there are no public advisories from USCIS (published on the USCIS website)
that affect your case type;

Also I agree with gchopeful's point above. But just to point out you can go by SLA of 75 days instead of processing time of 90 days.
01-04-2012, 01:48 PM
indiaeb2

Quote:

Originally Posted by gchopeful123

Yes - they generally go by the processing time listed. But I have found the support reps to be very helpful and courteous. Maybe they will be able to provide you some details which could put your mind to rest. No harm in trying.

Thanks GChopeful123 for your kind advice. As Nishant adviced me i will wait till 75 days (ie) Jan 16 and call them afterwards

Quote:

Originally Posted by nishant2200

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

● If more than 75 days have passed since you filed Form I-765, Application for Employment Authorization, and there are no public advisories from USCIS (published on the USCIS website)
that affect your case type;

Also I agree with gchopeful's point above. But just to point out you can go by SLA of 75 days instead of processing time of 90 days.

Thank you Nishant. I will wait for 75 days ( Jan 16) and call them for status.
01-04-2012, 04:51 PM
rockybaba

Case Status still showing "not found" for cases > SRC1290067724

Hi everybody!

My case status is still showing "not found". I checked all the case number ranges and noticed that, for cases >= SRC1290067724 (TSC) , the status is up to date. However, from case SRC1290067725 and above, the online database has not been updated. For NSC, the LIN numbers are getting updated and cases show up after a week.

Anyone else with a case > SRC1290067724 able to view their case online?

Cheers

-Rocky

PS: Sorry posted this earlier in the wrong thread!!
01-04-2012, 06:02 PM
gc_usa

Quote:

Originally Posted by rockybaba

Hi everybody!

My case status is still showing "not found". I checked all the case number ranges and noticed that, for cases >= SRC1290067724 (TSC) , the status is up to date. However, from case SRC1290067725 and above, the online database has not been updated. For NSC, the LIN numbers are getting updated and cases show up after a week.

Anyone else with a case > SRC1290067724 able to view their case online?

Cheers

-Rocky

PS: Sorry posted this earlier in the wrong thread!!

Same with me , I search few near by random case nos and few hundreds or thousands like us have issue. rest looks fine. Their nightly batch job must have failed and no body took care to resolve issue... seems like as people call , they may manually update later. Thinking to call USCIS next week to see if it gets updated based on that call....
01-04-2012, 11:01 PM
rahul2011

i have filed my i 485 in Dec and MY EAD and Travel Document got approved.

Noticed Date: 12/02/2011
Approved Date: 01/04/2012
TSC
01-05-2012, 12:31 AM
mygctracker

Congrats Rahul2011. Today you are the second Dec filer getting EAD/AP approval from TSC.

Enjoy! I really hope to see many more approvals this week, including mine :-)

Quote:

Originally Posted by rahul2011

i have filed my i 485 in Dec and MY EAD and Travel Document got approved.

Noticed Date: 12/02/2011
Approved Date: 01/04/2012
TSC
01-05-2012, 01:09 AM
Pdmar08

Quote:

Originally Posted by Pdmar08

Thanks. Anyways there isn't much we can do.
I was jus thinking if more applications meant longer time to get receipts.
Also because of delays due to holidays. But ur info is helpful.

Got my receipts today (AOS only) but there is an issue. trying to see if someone is in the same boat.

There is a potential problem
My priority date is listed correctly.
But on my wife’s receipt her PD is listed as her own PD from her own perm from her company(which is not yet current).
I have seen posts where spouses PD was mentioned as the RD but not sure if i have seen something similar to my case.
I dont know how big or small the problem is all i care is we both get all approvals etc in tandem.
Thanks!!
01-05-2012, 10:05 AM
dec2007

Quote:

Originally Posted by mygctracker

Congrats Rahul2011. Today you are the second Dec filer getting EAD/AP approval from TSC.

Enjoy! I really hope to see many more approvals this week, including mine :-)

Looks like you went for early FP, Was there any issues, do we have to notify the office before you go or just walk in?

is there an advantage to go to early FP, speeding up our process?

thanks
01-05-2012, 10:09 AM
visagcinfo

Is this correct? Continuing on H1b after return without H1 stamping, using EAD/AP.

I thought Immigration officer at the port of entry would not write H1-B in the I-94 when we come back using AP. I have read in other places in the forum that we would have to leave the country if 485 is denied while we are in the country using EAD/AP (because we are not using H1B even if H1b expiry date is in the future)

Quote:

Originally Posted by imechanix

She also said if I go using EAD/AP then I can continue on H1B after my arrival back to US without stamping according to current USCIS policy. This was confusing to me as I thought I cannot reinstate H1B without H1 stamping.
01-05-2012, 10:38 AM
tackle

Quote:

Originally Posted by rahul2011

i have filed my i 485 in Dec and MY EAD and Travel Document got approved.

Noticed Date: 12/02/2011
Approved Date: 01/04/2012
TSC

That was super fast considering that you got it from TSC. Congratulations!
01-05-2012, 11:10 AM
vipulgupta470

I am on the same boat. I called up USCIS 30 mins back and they told me there is some cleanup activity going on in the online system and the cases should start appearing in 45 days from the date they were filed. My case was filed on Dec 7th, so I am hoping that I would be able to check the status online in the second half of January.

My details
SC: TSC, PD:27Feb2008/EB2I, I140-15May2008, I485 mailed:05Dec2011, ND: 07DEC2011, FP Notice: 04Jan2012, FP Complete:04Jan2012? EAD/AP: pending GC: pending

Quote:

Originally Posted by gc_usa

Same with me , I search few near by random case nos and few hundreds or thousands like us have issue. rest looks fine. Their nightly batch job must have failed and no body took care to resolve issue... seems like as people call , they may manually update later. Thinking to call USCIS next week to see if it gets updated based on that call....
01-05-2012, 11:55 AM
clickuser

This is my first post here, been on this site from Dec 2010 (little over year) constantly watching the updates from Q, Teddy, Veni, Nishanth,soggadu (how can i leave him) and others. I will say this has been helpfull not only to me but every one who has been visiting this forum from the time it started, thank again to Q, Teddy, Veni, Nishanth,soggadu and others.

Updated my details here..
01-05-2012, 11:58 AM
clickuser

From what I have seen here, it looks like the people who applied in Dec 2010, started getting FP notices. For some reason, I havent recieved one. Just wanted to know what is average time by which one will recieve FP notice ?? and if I dont recieve FP notice by then, what should I do ??
Appreciate if someone can reply on this..thanks you !!!!
01-05-2012, 01:03 PM
username

Quote:

Originally Posted by clickuser

From what I have seen here, it looks like the people who applied in Dec 2010, started getting FP notices. For some reason, I havent recieved one. Just wanted to know what is average time by which one will recieve FP notice ?? and if I dont recieve FP notice by then, what should I do ??
Appreciate if someone can reply on this..thanks you !!!!

It is now 1 month your AOS package received by (TSC) USCIS. Usually TSC send finger printing within month. I would suggest to you call USCIS customer service center to find out about your FP notice.
01-05-2012, 01:55 PM
gc0907

That just means that you can work for the current H1B employer with valid approved petition (EAD is not needed) but you do lose the H1B status.
Yes, you will have to leave if 485 get's denied since you entered as Parolee and not H1 holder.
Check the links here: Travelling on AP v/s H1/L1

From my understanding one enters using AP and not EAD as they both are separate entities though on same card.

Quote:

Originally Posted by visagcinfo

Is this correct? Continuing on H1b after return without H1 stamping, using EAD/AP.

I thought Immigration officer at the port of entry would not write H1-B in the I-94 when we come back using AP. I have read in other places in the forum that we would have to leave the country if 485 is denied while we are in the country using EAD/AP (because we are not using H1B even if H1b expiry date is in the future)
01-05-2012, 02:52 PM
soggadu

Quote:

Originally Posted by clickuser

This is my first post here, been on this site from Dec 2010 (little over year) constantly watching the updates from Q, Teddy, Veni, Nishanth,soggadu (how can i leave him) and others. I will say this has been helpfull not only to me but every one who has been visiting this forum from the time it started, thank again to Q, Teddy, Veni, Nishanth,soggadu and others.

Updated my details here..

welcome to the group dude... usually in 30 days after mailed date ( more in this case as this is holiday season ) you will get all the notices for TSC and with in 90 days EAD/AP will be approved

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