Post 485-Filing

[SilverLight]

The same thing happened to me. I was 100 % sure i had the original 485 receipt notices and when i searched for them i could not find it. The only thing i can think of is when i traveled back to USA on AP and i had submitted all documents including 485 RN during secondary inspection and they might have kept the 485 RN with themselves. Could be a mistake or could be on purpose because on that trip i had a tough time at secondary inspection.

Your lawyer is supposed to have original 485 receipt notices copies. They use this copy when filing EAD/AP if you get it done through them. If you are still working for the petitioning employer which the lawyer represents them he might have reservations giving you his original 485 receipt notices.

If not then Yes it is a good idea to apply to USCIS for a duplicate original 485 receipt notices. You never know when you might need them, like how i did when applying for DL in Virginia

[Kanmani]

I didn't do it but learnt things from others who have experienced changing employers. They informed the uscis via new company's attorney.

AC 21 change of employer notification along with change of counsel ( attorneys' have a format )

Job offer letter similar to job duties described in the perm.( pay can be higher )

I-485 receipt notice.

[Sirisha]

Hi friends,

I've an issue.
I am on H1 from 2007 and I applied for my 1st renewal in Aug 2010 with my approved 140, for which I got an RFE and later got approved on march 2011.

My priotity date is july 2008 and my 140 got approved in 2010

the question is, now i got one more RFE saying that if I dont answer it , they will revoke my h1.

I am now worried... If they revoke my H1, what will be my green card status?

I am just stressed out, I dont know what effect it'll have.. and my attorney is on vacation.....I really appreciate your suggestions..


Please move it to the appropriate thread. I am posting it here as I'll get a response immediately.

Thanks in advance..

[Kanmani]

Sirisha,

What is the additional evidence needed to be submitted as per your RFE? Don't worry you will have enough time to respond the RFE.

Your Status is protected by the pending I-485(waiting to adjust status) even if your H1b is revoked in the worst case scenario.

All the best!

[Sirisha]

Sirisha,

Your Status is protected by the pending I-485(waiting to adjust status) even if your H1b is revoked in the worst case scenario.

All the best!

Thank you for your immediate response.
I am worried about my GC, whether H1 revoke'll have effect on it.

[Kanmani]

Thank you for your immediate response.
I am worried about my GC, whether H1 revoke'll have effect on it.

You need not worry about your GC until and unless the H1 is revoked under fraud committed by the employer/employee. In that specific situation the irregularities identified would affect the GC .

[gc0907]

You already have a valid H1 correct approved in 2011. So you got RFE for what?
Did you apply for H1 renewal?

Hi friends,


I've an issue.
I am on H1 from 2007 and I applied for my 1st renewal in Aug 2010 with my approved 140, for which I got an RFE and later got approved on march 2011.

My priotity date is july 2008 and my 140 got approved in 2010

the question is, now i got one more RFE saying that if I dont answer it , they will revoke my h1.

I am now worried... If they revoke my H1, what will be my green card status?

I am just stressed out, I dont know what effect it'll have.. and my attorney is on vacation.....I really appreciate your suggestions..


Please move it to the appropriate thread. I am posting it here as I'll get a response immediately.

Thanks in advance..

[Pedro Gonzales]

Guys,

I think i may have just become the victim of a vengeful INS officer.

I returned from a visit to India to attend a wedding 2 days ago and the INS officer insisted that my wife use her AP to enter although she has a valid H1B stamp. When she tried to explain the situation, he stopped us with a curt 'Don't argue with me'. We went down to secondary and explained the situation to the officer there who agreed that the first officer was wrong but since he had already entered my wife into the country on the AP there was nothing he could do. When we tried to get more information, this guy got defensive and angry (raised voices, used a cuss word and threw someone else's passport on the ground). We got the names of the officers involved just in case my wife's immigration counsel required it. They didn't need the officer's names and didn't think it was a big deal. They just asked my wife to use her H1B the next time she returned from a foreign trip (next month) and all would be fine. So far so good (except that my wife was pissed off that someone swore at her).

Then yesterday, less than 24 hours after we returned, I received an email that my case was being transferred to a local office. I have no doubt that it is related to the pissed off INS officer, but I don't know what this means. I've attached the content of the email below. Has anyone else received this? If so, what comes next?

"On February 13, 2013, we transferred your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed. If you move, please use our Change of Address online tool to update your case with your new address.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition."

[qesehmk]

Pedro - very sorry to hear this. If it is a coincidence - it indeed is very strange coincidence. Your cases should've been pre-adjudicated long back given your PD. Sending it to a local office and then talking about fingerprinting background checks etc. - can't help think that this is unnecessarily making you run through hoops again. You may want to talk to AILA and see if this is something they could help with just in case in future her case is denied on some ground.

p.s. - An IO has the complete and FINAL authority to allow or deny entry. However an IO can't dictate what authorization document you use to enter.

Guys,

I think i may have just become the victim of a vengeful INS officer.

I returned from a visit to India to attend a wedding 2 days ago and the INS officer insisted that my wife use her AP to enter although she has a valid H1B stamp. When she tried to explain the situation, he stopped us with a curt 'Don't argue with me'. We went down to secondary and explained the situation to the officer there who agreed that the first officer was wrong but since he had already entered my wife into the country on the AP there was nothing he could do. When we tried to get more information, this guy got defensive and angry (raised voices, used a cuss word and threw someone else's passport on the ground). We got the names of the officers involved just in case my wife's immigration counsel required it. They didn't need the officer's names and didn't think it was a big deal. They just asked my wife to use her H1B the next time she returned from a foreign trip (next month) and all would be fine. So far so good (except that my wife was pissed off that someone swore at her).

Then yesterday, less than 24 hours after we returned, I received an email that my case was being transferred to a local office. I have no doubt that it is related to the pissed off INS officer, but I don't know what this means. I've attached the content of the email below. Has anyone else received this? If so, what comes next?

"On February 13, 2013, we transferred your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed. If you move, please use our Change of Address online tool to update your case with your new address.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition."

[PD2008AUG25]

Guys,

I think i may have just become the victim of a vengeful INS officer.

I returned from a visit to India to attend a wedding 2 days ago and the INS officer insisted that my wife use her AP to enter although she has a valid H1B stamp.

I wonder how officer learned your wife had AP. I entered last week under same circumstances but never mentioned AP/EAD.

[Pedro Gonzales]

I wonder how officer learned your wife had AP. I entered last week under same circumstances but never mentioned AP/EAD.

Simple, he asked us. I used my AP to enter, so he asked my wife why she wasn't using hers. In hindsight, we ought to have gone through customs separately. In any event, her lawyers say that it isn't a big deal. She's going to enter on her H1B the next time she enters the country next month. My bigger concern is what the transfer to the local office entails. How long of a process is it likely to be? Does it involve an interview? Will it hold up my GC if dates advance before the case is returned to SRC?

[Pedro Gonzales]

So, the 'local' office that the email referred to was NSC, and the notice says that its been sent there to accelerate the processing of my application. So it appears that I wasn't the victim of the vengeful officer after all, perhaps he wanted to help my application move along? But since I should have been pre-adjudicated all along, what processing are they looking at accelerating? And in any case until the dates move along can they do anything at all?

[gs1968]

To Pedro
We will all pray that there will be a happy ending to all of this

Good Luck!

[GhostWriter]

Pedro, most probably a colleague or supervisor of the angry officer would have stepped in after you left and tried to improve the situation. We all have had bad experiences at the airport or immigration checkpoints but the officials are not supposed to get rude. Your case should be already pre-adjudicated but as Spec explains here (post) if they initiate your expired IBIS check you might save a month or so of time when the dates move into 2008 later this year.
Sincerely hope as gs1968 says that there is a happy ending to your ordeal.

So, the 'local' office that the email referred to was NSC, and the notice says that its been sent there to accelerate the processing of my application. So it appears that I wasn't the victim of the vengeful officer after all, perhaps he wanted to help my application move along? But since I should have been pre-adjudicated all along, what processing are they looking at accelerating? And in any case until the dates move along can they do anything at all?

[Pedro Gonzales]

Your case should be already pre-adjudicated but as Spec explains here (post) if they initiate your expired IBIS check you might save a month or so of time when the dates move into 2008 later this year.

Yeah, I saw Spec's post, and thought the same thing as you. The only thing that doesn't gel with Spec's comment is that the EB3 folks usually seem to receive their GCs in the first 10 days of the month that their applications become current. I have an EB3I cousin who received his GC on the 3rd of Dec when his application became current on Dec 1st. That makes me feel that they either a) start the IBIS check before the start of the month (maybe as soon as the VB is published), b) proactively keep everybody's IBIS checks current every 180 days, or c) just ignore the IBIS check for most applications.

Anyhow, I don't see any issue with them sending my application to NSC. I just hope they don't send me an RFE when they re-adjudicate my application. I would hate to be in limbo for the 1 or 2 months that my PD might be current.

[Spectator]

Yeah, I saw Spec's post, and thought the same thing as you. The only thing that doesn't gel with Spec's comment is that the EB3 folks usually seem to receive their GCs in the first 10 days of the month that their applications become current. I have an EB3I cousin who received his GC on the 3rd of Dec when his application became current on Dec 1st. That makes me feel that they either a) start the IBIS check before the start of the month (maybe as soon as the VB is published), b) proactively keep everybody's IBIS checks current every 180 days, or c) just ignore the IBIS check for most applications.

Anyhow, I don't see any issue with them sending my application to NSC. I just hope they don't send me an RFE when they re-adjudicate my application. I would hate to be in limbo for the 1 or 2 months that my PD might be current.

Pedro,

An unexpired IBIS check is a pre-requisite to approve the I-1485 so (c) is not the case.

I would bet on (a), since (b) implies some efficiency from USCIS. When the VB is published, it may trigger cases being requested from storage.

Besides, what's the point of keeping the background check current for cases that might be years away from final adjudication.

[Pedro Gonzales]

Pedro,

An unexpired IBIS check is a pre-requisite to approve the I-1485 so (c) is not the case.

I would bet on (a), since (b) implies some efficiency from USCIS. When the VB is published, it may trigger cases being requested from storage.

Besides, what's the point of keeping the background check current for cases that might be years away from final adjudication.

Makes sense.

Also, as I think a little bit more about it, with EB3I, only 300 odd applications are cleared each month so it probably takes a lot less time to process than for the 10,000 or so EB2I applications that will become current simultaneously when the dates move. It would be interesting to see how long it is taking EB3ROW folk to get their GCs once their dates become current. Their numbers are in the 3,000 or so range each month.

[sp2008]

Hello Spec, Q and Team,

Thank you for great work. you have definitely lifted our mood and spirits.
quick question: my PD is 03 July 2008 EB2I and filed 485. I got below mail to day. does it mean any thing or routine stuff?
I posted here to check if it is anything to do with additional visas and if they started pre- processing.
Please move to appropriate forum if it is not significant.

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Initial Review

On February 20, 2013, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to another office for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.

If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.



Thanks
SP

[Spectator]

sp,

A similar thing happened to Pedro.

It seems as if USCIS are doing some load balancing between the Service Centers.

The text is just standard template stuff.

[Pedro Gonzales]

sp,

A similar thing happened to Pedro.

It seems as if USCIS are doing some load balancing between the Service Centers.

The text is just standard template stuff.

Sp, was yours a TSC application? Mine was transferred to NSC. After much thought I have decided that it's a good thing, because this will likely trigger a new IBIS check, so when the dates finally move, we'll be in front of the line for our GCs.

[sp2008]

Sp, was yours an SRC application? Mine was transferred from SRC to NRC. After much thought I have decided that it's a good thing, because this will likely trigger a new IBIS check, so when the dates finally move, we'll be in front of the line for our GCs.

Pedro,
correct mine is SRC service center. How do you know that yours moved to NSC? Did you receive any letter to that effect?
after reading thru USCIS email I feel that they are going to send a paper copy. (I got email today - 02/20/2013)

sp

[Pedro Gonzales]

Pedro,
correct mine is SRC service center. How do you know that yours moved to NSC? Did you receive any letter to that effect?
after reading thru USCIS email I feel that they are going to send a paper copy. (I got email today - 02/20/2013)

sp

I got a notice in the mail. Also got an SMS a week after the first SMS that the application is now being processed.

[indiani]

I have applied for 485 last april 2012, replied to RFE (which was for EVL) and uscis received it in oct 2012. when I opened SR in feb 2013 I got reply which read as "application is pending and will not be processed as the dates are not current." I have seen some replies from uscis saying that they are pre-adjudicated, is there anything I need to do at this point as I am surprised as to why they pre-adjudicate some even when dates are not current but refuse to do any further processing in my case when dates are not current. or is it just the choice of the officer who is dealing with the case

[greencard485]

Hi, Petro and sp2008:

Did you guys receive mails scheduling an interview?

[Pedro Gonzales]

I have applied for 485 last april 2012, replied to RFE (which was for EVL) and uscis received it in oct 2012. when I opened SR in feb 2013 I got reply which read as "application is pending and will not be processed as the dates are not current." I have seen some replies from uscis saying that they are pre-adjudicated, is there anything I need to do at this point as I am surprised as to why they pre-adjudicate some even when dates are not current but refuse to do any further processing in my case when dates are not current. or is it just the choice of the officer who is dealing with the case

I don't think we can know what they mean by 'processing' in this context. It could be the FBI check which I understand needs to be within 6 months when they issue your GC. That could be all that is left.

Hi, Petro and sp2008:

Did you guys receive mails scheduling an interview?

Nope, none yet.