Approaching a congressman for help on Green Card

[gcpursuit]

I am hoping I will be current this year (PD 06/29/2009, EB2I). I submitted my I-485 Supplement J few weeks back but couldn't submit medicals due to stay at home orders. Is there anything we can do proactively for the medicals or wait for the RFE when the date get current at this point?

[idliman]

I am hoping I will be current this year (PD 06/29/2009, EB2I). I submitted my I-485 Supplement J few weeks back but couldn't submit medicals due to stay at home orders. Is there anything we can do proactively for the medicals or wait for the RFE when the date get current at this point?

Hopefully you can get approved without any RFE. It has happened to a few cases during COVID. Pre COVID when I submitted Supp J, I got a I693+ G-325A RFE for myself and spouse promptly. In my case, the surgeon who did my medicals in 2012 had left this world for a heavenly aboard. However, the clinic had my paper work and asked me to pay the full amount. I just paid them to avoid any hassle or rejections. They have newer tests that you need to take again (for TB & STDs). So proactively, you can enquirer with your clinic and figure out the money part and the time part. Make sure that they are in the latest approved Surgeons list from USCIS.

My advice would be to wait till your PDs are current. I hope that you are current next month.

[gcpursuit]

Hopefully you can get approved without any RFE. It has happened to a few cases during COVID. Pre COVID when I submitted Supp J, I got a I693+ G-325A RFE for myself and spouse promptly. In my case, the surgeon who did my medicals in 2012 had left this world for a heavenly aboard. However, the clinic had my paper work and asked me to pay the full amount. I just paid them to avoid any hassle or rejections. They have newer tests that you need to take again (for TB & STDs). So proactively, you can enquirer with your clinic and figure out the money part and the time part. Make sure that they are in the latest approved Surgeons list from USCIS.

My advice would be to wait till your PDs are current. I hope that you are current next month.

Thanks for your inputs, idliman. i will reach out to the clinic once the PD is current.

[TheLureoftheGreen]

Hopefully you can get approved without any RFE. It has happened to a few cases during COVID. Pre COVID when I submitted Supp J, I got a I693+ G-325A RFE for myself and spouse promptly. In my case, the surgeon who did my medicals in 2012 had left this world for a heavenly aboard. However, the clinic had my paper work and asked me to pay the full amount. I just paid them to avoid any hassle or rejections. They have newer tests that you need to take again (for TB & STDs). So proactively, you can enquirer with your clinic and figure out the money part and the time part. Make sure that they are in the latest approved Surgeons list from USCIS.

My advice would be to wait till your PDs are current. I hope that you are current next month.

A more general question regarding medicals (but specific to my case, I suppose):

My PD is July 7, 2009 EB2-I, and I've never filed I-485. I suppose, I just wait until my PD becomes current to complete the medical examination? I understand that the civil surgeon's report (is this the same as a completed/signed I-693?) needs to be dated no earlier than two months prior to the filing of I-485....so, perhaps, it's best not to try to time this, given the uncertainties around the timing of my PD becoming current. Would this be the right approach?

[idliman]

A more general question regarding medicals (but specific to my case, I suppose):

My PD is July 7, 2009 EB2-I, and I've never filed I-485. I suppose, I just wait until my PD becomes current to complete the medical examination? I understand that the civil surgeon's report (is this the same as a completed/signed I-693?) needs to be dated no earlier than two months prior to the filing of I-485....so, perhaps, it's best not to try to time this, given the uncertainties around the timing of my PD becoming current. Would this be the right approach?

1. If you are going to file I485 for the first time, then start working on the Birth Certificates. That takes a lot of effort. I had to go via the court route in India. There are lawyers who do this for a fee. Its a process that involves an ad in a news paper and eventually the judge orders the issue of a BC for you. To be honest, if you have not sorted out the BC issue for your and dependents by now, you may be in slight trouble if you become current next month.
2. Medicals are not a big issue. It is just time + money in USA. If you are going to file ASAP, then just do it (no timing is involved). However, for most people it is associated with an RFE that gives about 3 months time. So when you are in backlog, you try to do it in the last month or half month or so. For July 2009 EB2I, once you become current, I don't think dates are going to retrogress. So you don't need to worry.
3. Always do EAD+AP together with I485. Just pay the extra 2K that the attorney will ask for. Renewals can be done by yourself. Keep a scanned copy of all the I485+I765+I131 forms that attorney sends you for signature. If you are going for renewal, it will help you a lot.
4. Photos can be taken at Costco or yourself at home (google epassport photo to make a template and then $0.30 cents @ Walgreens / Costco to get 4 PP photos). Never ever use older photos. Photos should be very recent. If you get a photo RFE, it is not worth it.
5. I got a detailed immunization history for myself and spouse from India. That got me through a lot of vaccination issues here. I don't know if this is an issue for most folks.
6. The immediate benefit you are looking for is getting an I485 receipt notice and the start of 180 day AC21 clock. It matters in case, your actual GC issuance and interviews are delayed due to some administrative action. A pending AOS provides a safety net from being out of Status issues.

Good luck. You guys are at the well deserved finish line. I hope you get current within a few months.

[TheLureoftheGreen]

1. If you are going to file I485 for the first time, then start working on the Birth Certificates. That takes a lot of effort. I had to go via the court route in India. There are lawyers who do this for a fee. Its a process that involves an ad in a news paper and eventually the judge orders the issue of a BC for you. To be honest, if you have not sorted out the BC issue for your and dependents by now, you may be in slight trouble if you become current next month.
2. Medicals are not a big issue. It is just time + money in USA. If you are going to file ASAP, then just do it (no timing is involved). However, for most people it is associated with an RFE that gives about 3 months time. So when you are in backlog, you try to do it in the last month or half month or so. For July 2009 EB2I, once you become current, I don't think dates are going to retrogress. So you don't need to worry.
3. Always do EAD+AP together with I485. Just pay the extra 2K that the attorney will ask for. Renewals can be done by yourself. Keep a scanned copy of all the I485+I765+I131 forms that attorney sends you for signature. If you are going for renewal, it will help you a lot.
4. Photos can be taken at Costco or yourself at home (google epassport photo to make a template and then $0.30 cents @ Walgreens / Costco to get 4 PP photos). Never ever use older photos. Photos should be very recent. If you get a photo RFE, it is not worth it.
5. I got a detailed immunization history for myself and spouse from India. That got me through a lot of vaccination issues here. I don't know if this is an issue for most folks.
6. The immediate benefit you are looking for is getting an I485 receipt notice and the start of 180 day AC21 clock. It matters in case, your actual GC issuance and interviews are delayed due to some administrative action. A pending AOS provides a safety net from being out of Status issues.

Good luck. You guys are at the well deserved finish line. I hope you get current within a few months.

Idliman -- Thanks much for this!

With regard to your point on Birth Certificate: We do have our Birth Certificates. It indeed was an ordeal to get it sorted out. Although, I am now concerned based on what you said you had to go through.

What we have are Birth Certificates that were reissued recently by the same birth registrar's office, with a notarized translation to English. One potential issue with my birth certificate is that my last name is abbreviated just to an initial. I did get an affidavit from my folks on a stamp paper to explain this issue. I better email my case attorney to see whether this affidavit will suffice. Oh darn! (But thanks for your recommendations).

Do let me know if you have additional thoughts on this.

[jimmys]

Idliman -- Thanks much for this!

With regard to your point on Birth Certificate: We do have our Birth Certificates. It indeed was an ordeal to get it sorted out. Although, I am now concerned based on what you said you had to go through.

What we have are Birth Certificates that were reissued recently by the same birth registrar's office, with a notarized translation to English. One potential issue with my birth certificate is that my last name is abbreviated just to an initial. I did get an affidavit from my folks on a stamp paper to explain this issue. I better email my case attorney to see whether this affidavit will suffice. Oh darn! (But thanks for your recommendations).

Do let me know if you have additional thoughts on this.

Don't worry about getting abbreviations corrected. If you have BC, just file it. You will get your I-485/EAD/AP processed. The probability of getting an RFE for initial expansion is too low. If you get an RFE then you can try to send it in.

[idliman]

Don't worry about getting abbreviations corrected. If you have BC, just file it. You will get your I-485/EAD/AP processed. The probability of getting an RFE for initial expansion is too low. If you get an RFE then you can try to send it in.

I agree. The BC issue has different standards based on the officer who is adjudicating your case. Send in your best documentation (looks like you already have it) and hope for the best. Even after initial approval, there have been cases where they sent an RFE for BC later on. I don't think USCIS can say all Indian BCs are same. Each state, city or municipality does it in its own way. The BC issue will linger for most until final approval. Peace.

[TheLureoftheGreen]

I agree. The BC issue has different standards based on the officer who is adjudicating your case. Send in your best documentation (looks like you already have it) and hope for the best. Even after initial approval, there have been cases where they sent an RFE for BC later on. I don't think USCIS can say all Indian BCs are same. Each state, city or municipality does it in its own way. The BC issue will linger for most until final approval. Peace.

Mates -- After about a decade of grueling wait, we finally got to file our I-485/EAD/AP applications last week!

Do you guys have a sense for how long it's taking now a days to get a receipt number? My PD is July 7 2009. Any sense for the expected timeline for an interview/approval? Is it about a year?

[jimmys]

Mates -- After about a decade of grueling wait, we finally got to file our I-485/EAD/AP applications last week!

Do you guys have a sense for how long it's taking now a days to get a receipt number? My PD is July 7 2009. Any sense for the expected timeline for an interview/approval? Is it about year?

In normal times, you will receive receipt notices in about 2 weeks' time. Also in pre-covid-19 era, you should get your interview scheduled anywhere between 7-18 months depending on the workload of your local USCIS. You will be approved on the spot if everything goes well and you're current. I'm not sure how the upcoming USCIS furlough is going to affect the timelines. Another 6-12 months is a reasonable expectation given you're already current. Count yourself blessed if you get approved before 6 months.

[TheLureoftheGreen]

In normal times, you will receive receipt notices in about 2 weeks' time. Also in pre-covid-19 era, you should get your interview scheduled anywhere between 7-18 months depending on the workload of your local USCIS. You will be approved on the spot if everything goes well and you're current. I'm not sure how the upcoming USCIS furlough is going to affect the timelines. Another 6-12 months is a reasonable expectation given you're already current. Count yourself blessed if you get approved before 6 months.

Alright. Thanks for that.

Another question: Would a change in office location be allowed after 180 days of filing my AOS application? It would be for the same job. I am just exploring a move to our SF office; currently based in Boston, which is the location of the I-140 job offer. Again, I am just exploring, so this isn't a need/deep desire, especially if it involves risks. Thoughts?

[nbk1976]

Alright. Thanks for that.

Another question: Would a change in office location be allowed after 180 days of filing my AOS application? It would be for the same job. I am just exploring a move to our SF office; currently based in Boston, which is the location of the I-140 job offer. Again, I am just exploring, so this isn't a need/deep desire, especially if it involves risks. Thoughts?

After 180 days of AOS, "you are a free agent", as per my attorney (his words): you are free to work for any employer without filing any PERM or I-140. You could work any job, any salary level, or not choose to work at all. However, when your case is ready to be adjudicated, you would need to show bona fide, full-time (at least 30 hours at least/week), job with your original sponsor or another employer with same or similar job duties.

[idliman]

There is another thread with congressman / senator inquiry process under EAD category. That was written with EAD renewal in mind. The process is the same and can be easily used either for EAD or I-485.

For people looking to get GC approved, please refer to below thread also as it may provide additional insights.
https://www.qesehmk.org/forums/showt...nquiry-Process

[gammaray]

Alright. Thanks for that.

Another question: Would a change in office location be allowed after 180 days of filing my AOS application? It would be for the same job. I am just exploring a move to our SF office; currently based in Boston, which is the location of the I-140 job offer. Again, I am just exploring, so this isn't a need/deep desire, especially if it involves risks. Thoughts?

You would have to officially switch and work on the EAD (once it's approved). Changing locations without amending the h1b would be a violation of the h1 status. With a 2009 PD you will likely get the EAD/GC around the same time so won't make much difference.

[gammaray]

After 180 days of AOS, "you are a free agent", as per my attorney (his words): you are free to work for any employer without filing any PERM or I-140. You could work any job, any salary level, or not choose to work at all. However, when your case is ready to be adjudicated, you would need to show bona fide, full-time (at least 30 hours at least/week), job with your original sponsor or another employer with same or similar job duties.

Just stating the obvious but all this is assuming EAD is approved at the 180-day period. A pending AOS only gives legal stay status and not a legal work status.

[sanjeevchhibber]

Do we need how many weeks it takes to get some response when you request a senator to query your 485 case ?

[AnandK]

Do we need how many weeks it takes to get some response when you request a senator to query your 485 case ?

I think its 4 weeks.

[sanjeevchhibber]

Hi,
My PD is Aug 2011 current in EB3, application was filed at Texas on 30th Oct 2020 with EB3 downgrade, I140 is approved for Eb3 also, In Feb 2022 I tried with local senator to check the status but USICS declined to expedite the requests and neither they did take any action to approve or to transfer the file saying it is within normal time as processing time is up to 19 months so now in April Can I put another request through different local congressman to get I485 expedited may be this time it will work, Or u can only request once to USICS through congressman/senator?

Any Suggestions

Thanks
Sanjeev Chhibber

[sanjeevchhibber]

I have taken Senator help but it did not work with USICS as they said normal processing, now can I try again but this time with Congress man

[sanjeevchhibber]

Just want to add more details so that people in the forum are more comfortable with the idea of contacting congressman/senator. Each congressman / woman / senator has one or more dedicated staff for handling interfaces with federal agencies such as USCIS. Normally, congressman or senator has more than one office location (in my case three offices for my congressional district in NC – Yay Gerrymandering). Most likely only one location will house that staff person. So it may be a good idea to call the office and ask them about assistance regarding a pending application with USCIS. Then find out which office location handles interfaces with USCIS. If the same staff is rotating between offices, then find out the location and time when they are available.

Some congressman offices are advanced in the sense that you can do it online. You need to fill disclosure form along with ID details for them to verify your identity. Then you talk to them over phone. Mostly they will ask you to come to the office.

Once you go there, you wait for your turn and meet the staff person. It is the personal connection that is important. If they realize that you are going through a lot of pain to get a green card, then they are most likely to help you. Don’t act too smart. Listen to them and express your grievances to them. The congressman has a dedicated support line with USCIS and gets much better and accurate responses. There was an online presentation from USCIS explaining how this thing works a few years back. Maybe you can Google it.

A big “No No” is asking for help from Congressman and Senator at the same time. They will eventually find out and figure out that you are wasting their time. Also don’t incline to show your Political preference. They are doing a job that is paid by the taxpayers. Of course they will be happy to hear that you support the congressman. However, there should not be such pressure normally.

Once you get the positive outcome for your case, please call or email the staff and personally thank them. This is just basic courtesy.

As a byproduct of availing this help from congressman, you will be added to their mailing list. I think I got mails for three years and one day it all stopped. It is just a minor inconvenience.

Good Luck everyone.

I have already taken senator help but did not work USICS said it is normal processing, Can i take congress man help now ?