All Aug 2013 485 APPROVALS & DISCUSSION - report here with details

[Vkkpnm]

Hello Guys,

I filed my I485 along with EAD & AP first time in Aug'13 and today I got text message, showing I765 for myself and wife are approved. Status shows Card/ Document Production.

But status of AP for all of us still shows 'Initial Review'. I thought now a days they are sending only one card for both EAD/AP...

Any idea?

[gclabor07]

Guru's:

My I-485 was approved on 8/14. On the same day, USCIS issued RFE for my wife. We received it today.

According to the RFE, USCIS is asking for a birth certificate. I had received similar BC RFE in December even though we both provided BC during the initial submission. Anyway, here are my questions.

There is a slight mismatch in the "middle name" displayed on passport vs. BC. Her last didn't change as our families have the same last names. After our marriage, my wife took my first name as her middle name. She applied her passport after our marriage using the new name.

During the initial I-485 application, to be pro-active, I submitted her birth certificate, affidavit from her mom stating name change after marriage, and documents showing before and after marriage name.

For this RFE, I have two choices:

(1) Submit only what is asked, i.e. BC. RFE also says if you cannot produce BC, then submit secondary evidence. But, there is a danger that if they see discrepancy, they may issue another RFE for secondary evidence.

(2) Submit BC + secondary evidence like we have submitted originally.

Wanted to talk this out to folks who might have experience.

NOTE: I read in one of the older archived posts on this forum where Teddy had given an explanation why you would receive RFE to submit BC when you had already submitted it. This could because BC may have been taken out from I-485 application package and must been put together with EAD or AP application package by the officer when they first adjudicated EAD/AP. Sounds logical explanation because I too received BC RFE in December.

[MATT2012]

Hello Guys,

I filed my I485 along with EAD & AP first time in Aug'13 and today I got text message, showing I765 for myself and wife are approved. Status shows Card/ Document Production.

But status of AP for all of us still shows 'Initial Review'. I thought now a days they are sending only one card for both EAD/AP...

Any idea?

The approvals of AP and EAD could be separate also. if it is separate, they will mail you AP as a document.

[Niksammy]

The approvals of AP and EAD could be separate also. if it is separate, they will mail you AP as a document.

I received a combo card for my wife (she filed i-485 for first time on 1st Aug 2013) earlier today even though her EAD application was approved on 20th Aug and her Advance parole was approved on 21st Aug 2013. Even now, the online status for EAD states that card was mailed on 20th Aug 2013 and status for Advance Parole states that card was mailed on 21st Aug 2013.

Based on my experience, I think that Vkkpnm will receive a combo card even though online status shows 2 separate cards were mailed.

[Niksammy]

Gurus,

Do we know for sure if I-765, I-131 cases are adjudicated by the same set of officers who adjudicate I-485 cases? USCIS has already started issuing EADs/Advance Parole to people who became current for first time in Aug 2013. Shouldn't USCIS redirect those resources for approving pending EB2I cases so that most of pre-adjudicated cases are approved before end of FY? Any thoughts.

[MATT2012]

I received a combo card for my wife (she filed i-485 for first time on 1st Aug 2013) earlier today even though her EAD application was approved on 20th Aug and her Advance parole was approved on 21st Aug 2013. Even now, the online status for EAD states that card was mailed on 20th Aug 2013 and status for Advance Parole states that card was mailed on 21st Aug 2013.

Based on my experience, I think that Vkkpnm will receive a combo card even though online status shows 2 separate cards were mailed.

Majority are combo cards, occasionally they come separate. For me the first time EAD and AP was separate and the second time was the combo card.

[indiani]

25 (primary) + 15 (dependent) approvals = 40 trackitt approvals= 400 ( approx.)

so far 7.5K might have been approved.

5.5K pending , 7 ( including Saturdays) left

hopefully another 2K will be cleared.

[Vkkpnm]

Thank you guys. I was wondering is there a chance that I get RFE on AP and it gets delayed. I have to visit India after a month and in a fix should I book ticket or not?

[MATT2012]

Thank you guys. I was wondering is there a chance that I get RFE on AP and it gets delayed. I have to visit India after a month and in a fix should I book ticket or not?

I don't think you will get a RFE on AP. Normally AP approvals are very close to EAD approvals, so should be very soon. Sometimes the online status will not change, and you will see the document in the mail box.

[Spectator]

Gurus,

Do we know for sure if I-765, I-131 cases are adjudicated by the same set of officers who adjudicate I-485 cases? USCIS has already started issuing EADs/Advance Parole to people who became current for first time in Aug 2013. Shouldn't USCIS redirect those resources for approving pending EB2I cases so that most of pre-adjudicated cases are approved before end of FY? Any thoughts.

Niksammy,

I'm pretty sure I've heard the EAD and AP applications are not adjudicated at NSC or TSC anymore, or it is an entirely different department.

I'm sure I've read that they are separated from the I-485 after checking for validity at the Lockbox facility has been completed and routed to wherever the adjudication is carried out. In any case, I am positive the same IO does not handle both the I-485 and the I-131/I-765 applications.

[Oranguttan]

Just letting you know that our application too, my husband's (primary applicant) I 485 got approved on 22nd August, however I got an RFE. We are yet to know the details.

TSC/ August 2007/ I485 submitted on Nov 17 2011,/ RFE for both on June 2013 regarding employment verification/ response submitted/ I485 approval card production/ RFE for spouse on August 23

Guru's:

My I-485 was approved on 8/14. On the same day, USCIS issued RFE for my wife. We received it today.

According to the RFE, USCIS is asking for a birth certificate. I had received similar BC RFE in December even though we both provided BC during the initial submission. Anyway, here are my questions.

There is a slight mismatch in the "middle name" displayed on passport vs. BC. Her last didn't change as our families have the same last names. After our marriage, my wife took my first name as her middle name. She applied her passport after our marriage using the new name.

During the initial I-485 application, to be pro-active, I submitted her birth certificate, affidavit from her mom stating name change after marriage, and documents showing before and after marriage name.

For this RFE, I have two choices:

(1) Submit only what is asked, i.e. BC. RFE also says if you cannot produce BC, then submit secondary evidence. But, there is a danger that if they see discrepancy, they may issue another RFE for secondary evidence.

(2) Submit BC + secondary evidence like we have submitted originally.

Wanted to talk this out to folks who might have experience.

NOTE: I read in one of the older archived posts on this forum where Teddy had given an explanation why you would receive RFE to submit BC when you had already submitted it. This could because BC may have been taken out from I-485 application package and must been put together with EAD or AP application package by the officer when they first adjudicated EAD/AP. Sounds logical explanation because I too received BC RFE in December.

[indiani]

spec/ ( anyone interested to chime in),

Beginning September 1st week, do you anticipate to see September current approvals picking up pace after almost all august current ( earlier than 2008 Jan 1st) or somehow the cases which will still be pending from august getting occasional approvals with mostly 2008 approvals.,

even though September 1st week will give an answer to above question, just wanted to see other's opinion.

the reason for the question is how much will the chances of GC decline after the end of this month for pending cases ?

[TeddyKoochu]

spec/ ( anyone interested to chime in),

Beginning September 1st week, do you anticipate to see September current approvals picking up pace after almost all august current ( earlier than 2008 Jan 1st) or somehow the cases which will still be pending from august getting occasional approvals with mostly 2008 approvals.,

even though September 1st week will give an answer to above question, just wanted to see other's opinion.

the reason for the question is how much will the chances of GC decline after the end of this month for pending cases ?

USCIS approval process is not a single thread batch process however a multi thread user intensive process. From what it appears that even though a case maybe in the so called preadjudicated state still the officers give it one final look before approval. Like any other place looks like statistics is if not in totality but partially a measure of productivity so yes low hanging fruits, simpler cases or cases where certain checks are complete normally likely to get completed or say rubber stamped faster. A case which is properly filed with all supporting documentation is also likely to be appeared in one shot. Last year when cases were pretty much being appeared left and right individuals whose dates were as late as Dec 2008 got approved whereas people with earlier dates either received RFE's that could not be responded in time or they had background checks that took longer or porting was not integrated in time.

I have also been following your postings and empathize with you because like you I had to put up with a terrible client at a project for the sake of having stability to be done with GC. Since your case is a porting case even though its EB2 to EB2 it seems that USCIS was not able to automatically link the 2 I140's, did you quote the A# on the fits I140 on the second normally this is how they should link automatically.

Coming to your question unfortunately come Sep you will be competing with more people for approval, in the ideal world if there are enough numbers yes everyone will get it but in reality the odds go slightly against you. I think most porting cases from the past will definitely get approved a lot of them were current even last time in Feb - Mar 2012 but could not get approved so even in the worst case if you do not get approved in September then it is fairly likely that the dates would not retrogress before your date in Oct. Sep will be a fairly interesting month of random approvals most likely as the date movement seems to be targeted towards finishing off the cap and every year the cap gets finished in early September.

All the best I wish you get approved in August itself.

[indiani]

USCIS approval process is not a single thread batch process however a multi thread user intensive process. From what it appears that even though a case maybe in the so called preadjudicated state still the officers give it one final look before approval. Like any other place looks like statistics is if not in totality but partially a measure of productivity so yes low hanging fruits, simpler cases or cases where certain checks are complete normally likely to get completed or say rubber stamped faster. A case which is properly filed with all supporting documentation is also likely to be appeared in one shot. Last year when cases were pretty much being appeared left and right individuals whose dates were as late as Dec 2008 got approved whereas people with earlier dates either received RFE's that could not be responded in time or they had background checks that took longer or porting was not integrated in time.

I have also been following your postings and empathize with you because like you I had to put up with a terrible client at a project for the sake of having stability to be done with GC. Since your case is a porting case even though its EB2 to EB2 it seems that USCIS was not able to automatically link the 2 I140's, did you quote the A# on the fits I140 on the second normally this is how they should link automatically.

Coming to your question unfortunately come Sep you will be competing with more people for approval, in the ideal world if there are enough numbers yes everyone will get it but in reality the odds go slightly against you. I think most porting cases from the past will definitely get approved a lot of them were current even last time in Feb - Mar 2012 but could not get approved so even in the worst case if you do not get approved in September then it is fairly likely that the dates would not retrogress before your date in Oct. Sep will be a fairly interesting month of random approvals most likely as the date movement seems to be targeted towards finishing off the cap and every year the cap gets finished in early September.

All the best I wish you get approved in August itself.

Thanks for detailed reply Teddy,
this is the reply from uscis to attorney few days ago

"Service records indicate that your recently approved I-140 petition has been connected with your I-485 application. Further, your I-485 application is currently assigned to an officer. Although assigned, we cannot predict the date the case may actually receive review.
If you have not received a decision or other notice of action on this case within 90 days, please contact us for updates."

Like many on trackitt have mentioned at TSC the "porting cases" are bit delayed in general, even though some use the word porting for Eb3-EB2 only ( but the concept is the same)

since the case is assigned , I was hoping that the officer at least would get to the case before picking up cases assigned on September 3rd. ( considering the same officer who has my case will be given additional work load before finishing the ones the officer already has)

But as there are many officers and more than one processing center and most of the actual process is not as transparent as we want them to be, I do understand that we should see all kinds of approvals but my last glimmer of hope was that the cases which are assigned hopefully might receive approval/ review in September.

Planning of AC21 is kind of long drawn process for me as it takes a while to switch jobs in the field I am in ( not necessarily finding one), I will wait till end of September or until visas run out before making that decision.

[indiani]

"it is fairly likely that the dates would not retrogress before your date in Oct." ( PD Nov 2007)

while Q , you and others anticipate dates not to retrogress in oct.,

I think they most likely have to retrogress ( as the demand far exceeds allowable monthly quota). Obviously I hope that you are right and the dates stay the same at least for October.

[Vkkpnm]

Thanks Matt.

[RogerFederer]

"it is fairly likely that the dates would not retrogress before your date in Oct." ( PD Nov 2007)

while Q , you and others anticipate dates not to retrogress in oct.,

I think they most likely have to retrogress ( as the demand far exceeds allowable monthly quota). Obviously I hope that you are right and the dates stay the same at least for October.

October bulletin will release in Sept 2nd week. I dont think they will have all the numbers yet, so it has to wait atleast until Nov bulletin for retrogression. I can bet on dates not going back in October bulletin. cant bet on Nov though.

[vizcard]

October bulletin will release in Sept 2nd week. I dont think they will have all the numbers yet, so it has to wait atleast until Nov bulletin for retrogression. I can bet on dates not going back in October bulletin. cant bet on Nov though.

look at historic VBs.. you will see that dates retrogress in Oct itself. You are forgetting (I think) that the clock gets reset in Oct i.e. visas available are back to around 220 per month and there are legislative requirements that prevent CO from allocating more than that per month (until quarter end). As you know, there are way more than 220 applications per month.

[Spectator]

look at historic VBs.. you will see that dates retrogress in Oct itself. You are forgetting (I think) that the clock gets reset in Oct i.e. visas available are back to around 220 per month and there are legislative requirements that prevent CO from allocating more than that per month (until quarter end). As you know, there are way more than 220 applications per month.

I would be a little looser than that.

CO has 9% of the EB total for the year available in October for all Categories. He does not have to prorate that to Categories/Countries.

The problem I see, is that if the EB2-I COD is left at 15JUN2008 in October, the level of Demand from EB2-I will be far in excess of any number that could be available.

That would demand retrogression of some sort (no pun intended).

One strategy might be to pull the COD back to ensure no further 2008 PD are approved and mop up the earlier cases left approvable in October.

Since even that might use up the full quarter allocation for EB2-I, that might also necessitate quite extreme retrogression for a period following that.

Such a strategy is not without risks, depending on exactly how many pre 2008 PD cases remain at the end of September. That is something he will have to guess at when he sets the October COD.

He also has the option of retrogressing in one go in October to a date that will consume the monthly allocation. That would allow Co to assess the demand carried forward in to FY2014.

If he leaves the COD at 15JUN08 in October, I'm 99.9% sure actual Demand through the month will far exceed the visas that could be made available to EB2-I. He'd then either have to internally retrogress the date at some point in October, or face a mini repeat of FY2011, which could include EB2-I being made Unavailable for several months afterwards, depending on the level of over consumption.

The only way that could be avoided is if virtually all cases made Current in August/September VBs were approved by the end of September. History tells us that is extremely unlikely to happen.

[Vkkpnm]

Hey guys, has anyone travelled to India via London recently. My H1b & Visa is expired but H1B extension applied. I also got EAD and will be travelling on AP. Wondering is EAD/AP sufficient to travel via London? Do I need to get transit visa?

[Spectator]

Hey guys, has anyone travelled to India via London recently. My H1b & Visa is expired but H1B extension applied. I also got EAD and will be travelling on AP. Wondering is EAD/AP sufficient to travel via London? I heard they get some weird requirements sometimes.

You need an UK Airside Transit Visa. The UK does not recognize AP as an acceptable document.

There was a discussion about this a few days ago - Here

PS I am deleting your duplicate post.

[Vkkpnm]

Thanks Spec for quick reply. Appreciated a lot. Quick question: Do we need transit visa for both side travel i.e. USA-London-India & India-London-USA.

[vizcard]

Thanks Spec for quick reply. Appreciated a lot. Quick question: Do we need transit visa for both side travel i.e. USA-London-India & India-London-USA.

Yes. Any transit via the UK needs a transit visa. That's why I avoid flying Virgin or American/British Airways.

[GhostWriter]

Vkkpnm, yes you will need a transit visa for both the sides of travel. You will have to get it before leaving US. The requirements stay the same irrespective of the direction of the journey (which does not make a lot of sense but that is the way it is). Even with Indian passport and going from US to India via UK, you need a UK transit visa (or a valid stamped US visa). The airline will not let you board from US if you don't have one of these two.

Do we need transit visa for both side travel USA-London-India and India-London-USA? I have expired VISA with EAD/AP.

[qesehmk]

A valid US visa is required only for return journey. Generally speaking to travel through London - you need visa for your destination - whatever that destination is.

Yes. Any transit via the UK needs a transit visa. That's why I avoid flying Virgin or American/British Airways.