Post 485-Filing

[soggadu]

gcoracle and others who got their gc emails.... Congratulations.... Have fun....
teddy looks like easy rfe.... Good good... Wonder why they didn't send evl for you when they did for me.... Inka bhi na.... Koi bharosa nahi hota.....

[nishant2200]

Congratulations to all who are Greened!!!!!

Looks like TSC is on a rock n roll for the December Filers.....Not a word from NSC.......Whats heppening with NSC...

Sandeep, as per trackitt advanced filter search by me, on the whole, still December filers approvals are an exception rather than norm. Very few percentage of folks have got approvals, a vast number of people are waiting.

I think TSC is out on a hunt now to meet a particular target of visa usage, and is picking low hanging fruits (meaning file all ready to go, they have an advantage that they did FP earlier than NSC for many applicants). NSC seems to be focussing on EAD/AP in first major half of this month - I saw a lot of NSC approvals for EAD/AP coming in steadily for Dec filers - this is the third month for Dec filers and they need to give them EAD/AP this month, but just like January, I fully expect them to pick up steam in approvals in second minor half of the month. And for December filers, the main months will be March and April.

NSC has been advertising processing time of 4 months since a couple of years, and they will be getting lot of calls and SR after elapse of that period. Note that however, only now has the situation come wherein many applicants have applied recently as well as will be current, in the past they had no pressure from EB2IC. I hope they dont renegade on their promise of 4 months upon seeing customer service calls and do the TSC way of dismal processing time advertisement.

If nothing till April 1st week, I will call USCIS to make SR. If nothing till end of April, I will ask lawyer to contact ( he told me beyond 5 months, he will be more than happy to contact appropriate parties), as well as go to the senator/congressman.

It ain't over until it's over, we deserve our due share!

[sandeep11]

Thanks Nishant.

You might be right that TSC is trying to meet a target. I saw a bunch of Dec filers from TSC getting approved Friday and Saturady and was wondering whats going on with NSC. Just hoping that we get into the Feb (remaining 11%) quota....

Relaistically March/April might be the best bet for us....

Sandeep, as per trackitt advanced filter search by me, on the whole, still December filers approvals are an exception rather than norm. Very few percentage of folks have got approvals, a vast number of people are waiting.

I think TSC is out on a hunt now to meet a particular target of visa usage, and is picking low hanging fruits (meaning file all ready to go, they have an advantage that they did FP earlier than NSC for many applicants). NSC seems to be focussing on EAD/AP in first major half of this month - I saw a lot of NSC approvals for EAD/AP coming in steadily for Dec filers - this is the third month for Dec filers and they need to give them EAD/AP this month, but just like January, I fully expect them to pick up steam in approvals in second minor half of the month. And for December filers, the main months will be March and April.

NSC has been advertising processing time of 4 months since a couple of years, and they will be getting lot of calls and SR after elapse of that period. Note that however, only now has the situation come wherein many applicants have applied recently as well as will be current, in the past they had no pressure from EB2IC. I hope they dont renegade on their promise of 4 months upon seeing customer service calls and do the TSC way of dismal processing time advertisement.

If nothing till April 1st week, I will call USCIS to make SR. If nothing till end of April, I will ask lawyer to contact ( he told me beyond 5 months, he will be more than happy to contact appropriate parties), as well as go to the senator/congressman.

It ain't over until it's over, we deserve our due share!

[harsha131]

My sister has the same exp' received 131approval on sat 2/18, online case status for Ead is still initial review.

Received email/text yesterday:
POST DECISION ACTIVITY: On February 17, 2012, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.

What happened to my EAD Card? Anybody had similar experience?

PD: 05/01/2008
RD: 01/17/12
ND: 01/22/12
FP: 02/02/12 (Early Walk-in, Actual Biometrics date 02/17)
EAD: ???
AP: Approved (02/17)
I485: ???
SC: TSC
EB2I

[enigma]

Thanks leo07. Yes - the ball is in USCIS' court now...

Cool. Good Luck. Now the ultimate wait starts

[billu77]

Sandeep, as per trackitt advanced filter search by me, on the whole, still December filers approvals are an exception rather than norm. Very few percentage of folks have got approvals, a vast number of people are waiting.

I think TSC is out on a hunt now to meet a particular target of visa usage, and is picking low hanging fruits (meaning file all ready to go, they have an advantage that they did FP earlier than NSC for many applicants). NSC seems to be focussing on EAD/AP in first major half of this month - I saw a lot of NSC approvals for EAD/AP coming in steadily for Dec filers - this is the third month for Dec filers and they need to give them EAD/AP this month, but just like January, I fully expect them to pick up steam in approvals in second minor half of the month. And for December filers, the main months will be March and April.

NSC has been advertising processing time of 4 months since a couple of years, and they will be getting lot of calls and SR after elapse of that period. Note that however, only now has the situation come wherein many applicants have applied recently as well as will be current, in the past they had no pressure from EB2IC. I hope they dont renegade on their promise of 4 months upon seeing customer service calls and do the TSC way of dismal processing time advertisement.

If nothing till April 1st week, I will call USCIS to make SR. If nothing till end of April, I will ask lawyer to contact ( he told me beyond 5 months, he will be more than happy to contact appropriate parties), as well as go to the senator/congressman.

It ain't over until it's over, we deserve our due share!

Hopefully your prediction of NSC having a rocking second minor half of feb. comes true. Just 7 working days remain in this month and hopefully we will see a bunch of approvals for Nov filers starting Tuesday. If not, NSC will see a lot of SRs ,come March 1st.

[imdeng]

This is ridiculous - do lawyers even read the instructions! It clearly asks for EVL and not pay-stubs. I hope this does not delay you by much. In any case, we are all rooting for you to quickly respond to the RFE and then greened. Best of luck.

Thanks, unfortunately no EVL in my original submission based on the lawyers advise he said that recent paystubs are sufficient. Now definitely EVL has to be submitted. Hopefully the response will go out by next week.

[TeddyKoochu]

gcoracle and others who got their gc emails.... Congratulations.... Have fun....
teddy looks like easy rfe.... Good good... Wonder why they didn't send evl for you when they did for me.... Inka bhi na.... Koi bharosa nahi hota.....

That seems manageable Teddy - hope you get this sorted soon and get through before any retrogression. Did you not have an EVL in your original submission?

This is ridiculous - do lawyers even read the instructions! It clearly asks for EVL and not pay-stubs. I hope this does not delay you by much. In any case, we are all rooting for you to quickly respond to the RFE and then greened. Best of luck.

Hi Teddy..

Wish you best of luck! I hope you get greened soon.

Btw..what was ur RFE about?

This is a case of lawyers not following simple instructions. The 485 instructions from the USCIS specifically asks for an EVL. Its not an optional item. Hopefully, this doesn't delay your process too long.

Friends my sincerest thanks to all of you for your solidarity and support. I hope that the RFE response gets sent out this week. Lawyer’s way is clearly not correct he was adamant that the old EVL submitted 4 yrs back for 140 + tax returns + recent pay stubs + I134 would work; I and my HR manager did suggest submitting EVL. I just hope nobody else goes through the same thing due to the attorney’s mistakes or plainly ego issues. Also I feel Ron’s theory of BC RFE’s seems to be correct his idea of submitting 3 copies sounds perfect and that may well be the issue of the BC RFE for me and my wife, not sure if my attorney did some mess up here as well. Hopefully this will be my last dealing with this law firm.

[gc5000]

Thanks Harsha for replying to my post. Please keep me posted if anything changes. I will too from my end. Which service center is her application being processed at. Mine is TSC. What date she went for Fingerprints.

My sister has the same exp' received 131approval on sat 2/18, online case status for Ead is still initial review.

Originally Posted by gc5000
Received email/text yesterday:
POST DECISION ACTIVITY: On February 17, 2012, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.

What happened to my EAD Card? Anybody had similar experience?

PD: 05/01/2008
RD: 01/17/12
ND: 01/22/12
FP: 02/02/12 (Early Walk-in, Actual Biometrics date 02/17)
EAD: ???
AP: Approved (02/17)
I485: ???
SC: TSC
EB2I

[RRRRRR]

Congratuations to to gcoracle and others for getting there GC.....Have Fun..

[vizcard]

i looked through the first 25 pages or so of this thread but didn't get a clear answer. So I'll post it.

What happens if you are overseas when you 485 gets approved ? I plan on going on vacation during mid-Sept to mid-Oct. Based on how things are going and my PD (Aug 2008), I may be in that zone where my 485 gets approved. Any insight would be appreciated.

[cbpds1]

Kanmani replied in the EB2 Predictions thread recently

to summarize, If you get ur 485 approved while overseas, u wud need to go for Immigrant visa stamping at the consulate and then enter US.....some have got the GC posted to their native address thru their friends and it has worked at POE but they may have the right to refuse ur entry without immigrant visa.

If you are from India, then u wud need to go to Delhi or Mumbai consulate only.

I am planning to go in May and in a confused state right now

i looked through the first 25 pages or so of this thread but didn't get a clear answer. So I'll post it.

What happens if you are overseas when you 485 gets approved ? I plan on going on vacation during mid-Sept to mid-Oct. Based on how things are going and my PD (Aug 2008), I may be in that zone where my 485 gets approved. Any insight would be appreciated.

[harsha131]

Do we need to go for stamping even with an approved I-131? I have planned to use the AP to re-enter and my PD is Jan 2008, which I am expecting sometime in Apr, May to get the 485 approval at which time I am on vacation in India. Anyway I will check with my lawyer.

Kanmani replied in the EB2 Predictions thread recently

to summarize, If you get ur 485 approved while overseas, u wud need to go for Immigrant visa stamping at the consulate and then enter US.....some have got the GC posted to their native address thru their friends and it has worked at POE but they may have the right to refuse ur entry without immigrant visa.

If you are from India, then u wud need to go to Delhi or Mumbai consulate only.

I am planning to go in May and in a confused state right now

[gc5000]

Dear Friends, My AP was approved on 02/17 but no LUD or change of status for EAD. I was trying to find out if anybody had similar experience. EAD is still showing initial review. What could be the possible reason? I thought EAD/AP is issued on a combo card these days.

Application is at TSC. Any advice?

[nayekal]

Do we need to go for stamping even with an approved I-131? I have planned to use the AP to re-enter and my PD is Jan 2008, which I am expecting sometime in Apr, May to get the 485 approval at which time I am on vacation in India. Anyway I will check with my lawyer.

I went to India on vacation, got an RFE and came back to US with out any problem.
One of my colleague went to India on vacation, got an approval and came back with out any problem.

[nayekal]

Sorry for bugging you guys so much with my RFE details. 2nd request below is still annoying me.

1. Evidence that I tried to find the birth certificate and was unable.
2. Copy of I-94 that was issued in May 2005, if you have it.
3. Any employment authorization documents that were issued for her benefit.

For the first one, I applied for Non Availability Certificate in India and will be getting it in a week or so.
For the second one, I don't have I-94 card and I am planning to send them the passport copies containing the port of entry and date for May 2005. Do you guys think, that would be sufficient?
For the third one, I am providing all copies of H1's and OPT Card. Is it enough?

[gc5000]

Nayekal, the 2nd point clearly says provide copy of I-94 "IF YOU HAVE IT". If not, then just tell them you don't have the copy. If you still want to give them something for your peace of mind then just give any evidence you deem fit.

By any chance do you have I797 (H1B or H4) approval notice issued with same I-94 # from May 2005?

For 3rd point. Just OPT copies are enough.

Sorry for bugging you guys so much with my RFE details. 2nd request below is still annoying me.

1. Evidence that I tried to find the birth certificate and was unable.
2. Copy of I-94 that was issued in May 2005, if you have it.
3. Any employment authorization documents that were issued for her benefit.

For the first one, I applied for Non Availability Certificate in India and will be getting it in a week or so.
For the second one, I don't have I-94 card and I am planning to send them the passport copies containing the port of entry and date for May 2005. Do you guys think, that would be sufficient?
For the third one, I am providing all copies of H1's and OPT Card. Is it enough?

[nayekal]

Nayekal, the 2nd point clearly says provide copy of I-94 "IF YOU HAVE IT". If not, then just tell them you don't have the copy. If you still want to give them something for your peace of mind then just give any evidence you deem fit.

By any chance do you have I797 (H1B or H4) approval notice issued with same I-94 # from May 2005?

For 3rd point. Just OPT copies are enough.

gc5000, Yes, I have all the copies of I797's that were issued after May 2005 and I believe, they have the same I-94 # as I never traveled outside the country.
For the 3rd point, I thought OPT card is fine, but some of my friends are telling me to submit all H1's along with OPT card and I-20's. In fact, I have submitted all of them to my attorney, not sure why they are asking me once again.
May be this is triggered by the fact that I didn't submit the I-94 for May 2005, which is the last and the most recent one for the port of entry.

[nayekal]

nayekal did you try this ? find my post here .. http://www.qesehmk.org/forums/showth...2120#post22120

Kanmani, Yes. I am from Chicago and been here from last 12 years.
Do you think, they will allow me to get into CBP? If so, then I will go right now.

[vipulgupta470]

rocky baby - any updates on your I485 status? are you able to check the status online now?
Did you call USCIS and check the status? I am still unable to check the status of my I485 online

SC: TSC, PD:27Feb2008/EB2I, I140-15May2008, I485 mailed:05Dec2011, ND: 07DEC2011, FP Notice: 22DEC2011, FP Complete:04Jan2012? EAD/AP Approval Notification: 02/06/2012, EAD (Physical Card): 02/10/2011 485: pending

[rahul2011]

Dear Friends, My AP was approved on 02/17 but no LUD or change of status for EAD. I was trying to find out if anybody had similar experience. EAD is still showing initial review. What could be the possible reason? I thought EAD/AP is issued on a combo card these days.

Application is at TSC. Any advice?

I am in the same situation. Initially received approved emails for Both EAD and AP and after 2 days I 765 Receipt moved back to Initial review. My 131 is still in approved status and I haven’t received any AP copy so far. I am Dec filer and opened SR for Both AP non delivery and EAD pending status, Got response saying we are still reviewing EAD case and please contact USCIS after 4 Months, they haven’t made any decision regarding I131 Non delivery.
I am primary applicant and Derivative received combo card.

[JJcalifornian]

I have applied for AOS and for me and my wife. Prior to applying AOS our H1/H4 were about expire, we go it extended till 2014 for me and H4 for my wife. On Nov 2011 she got her h1b approved with a consulting company, but she was not getting paid till we applied for AOS. Due to the same reason our lawyer put her current status as H4, even though she have an approved H1B. We were told her valid status would be H4 as she is not able to produce pay stubs. Now I'm thinking is it going to be ok? if we take the last action, it's H1B approval. Will this create any issues at the time adjudicating our AOS. Please share if anyone have a similar experience.

Another issue, From this link http://imminfo.com/News/Newsletter/2...AD_vs_H1B.html "by insisting on remaining in H status while waiting for his AOS to be adjudicated, the applicant guaranteed that he would not be able to remain in H status if the AOS was denied"

If that is the case why do one need to maintain his/her H status ? as it leads to a potential threat rather than a safe harbor.

Looks like it better to make use of EAD and AC21 than maintaining the H status.

[gc_usa]

rocky baby - any updates on your I485 status? are you able to check the status online now?
Did you call USCIS and check the status? I am still unable to check the status of my I485 online

SC: TSC, PD:27Feb2008/EB2I, I140-15May2008, I485 mailed:05Dec2011, ND: 07DEC2011, FP Notice: 22DEC2011, FP Complete:04Jan2012? EAD/AP Approval Notification: 02/06/2012, EAD (Physical Card): 02/10/2011 485: pending

We are in same boat. I called last week and was told case under review, so far no rfe. Case is with in processing time. L2 could not check detail status like name check etc...

Not sure if it is same as online status like initial review or they can detail steps , l2 was not friendly so did not ask much.

[gcseeker]

Kanmani replied in the EB2 Predictions thread recently

to summarize, If you get ur 485 approved while overseas, u wud need to go for Immigrant visa stamping at the consulate and then enter US.....some have got the GC posted to their native address thru their friends and it has worked at POE but they may have the right to refuse ur entry without immigrant visa.

If you are from India, then u wud need to go to Delhi or Mumbai consulate only.

I am planning to go in May and in a confused state right now

Alternate solution from my Lawyer. Unlike AP...GC can be hand carried to India by either the spouse or somebody else. Also when one travels using the AP,one is understood to not have abandoned the gc process.The very purpose of an AP is to allow you to travel without risk to the gc application ( the I-765 approval document says as much ) .

You can still use AP to enter after the I-485 has been approved.At the port of entry CBP can check the system and they will find your approval and they will mark it so in the passport. If you get somebody to hand carry your GC back to you in India,you can enter using the same as well.

Of course one can be extra careful and can go for the immigrant visa stamp at the consulate as well.It is not necessary though.

[harsha131]

They are TSC too....FP on 2/11; so its clear TSC does it for many...nothing to worry. Will keep you posted.

Thanks Harsha for replying to my post. Please keep me posted if anything changes. I will too from my end. Which service center is her application being processed at. Mine is TSC. What date she went for Fingerprints.





Originally Posted by gc5000
Received email/text yesterday:
POST DECISION ACTIVITY: On February 17, 2012, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.

What happened to my EAD Card? Anybody had similar experience?

PD: 05/01/2008
RD: 01/17/12
ND: 01/22/12
FP: 02/02/12 (Early Walk-in, Actual Biometrics date 02/17)
EAD: ???
AP: Approved (02/17)
I485: ???
SC: TSC
EB2I