Gurus, Any thoughts on filing date movement after USCIS's recent reports?
Gurus, Any thoughts on filing date movement after USCIS's recent reports?
Frankly, there the time varies widely in these two years. You should have sent your medical with 485, which could have made it faster, without need for a RFE.
I would have recommended interfiling medical voluntarily like many did last fiscal , but USCIS has stated that it may cause slow down this year as docs are moving fast between offices. So only thing you can do now is wait for few weeks, and may be try chit chating with Emma.
Originally Posted by san_archer
@Sebiswaiting The attorney was adamant about not wanting to send the Medicals along with 485J. I`ll wait for 8 weeks and then try contacting Emma. Thanks for your response.
485J Question 9
Basic Information About Your Form I-485 and the
Underlying Form I-140
7.Form I-485 Receipt Number (if already filed with U.S.
Citizenship and Immigration Services (USCIS))
8.Form I-485 Filing Date (mm/dd/yyyy) (if already filed
with USCIS)
9. Form I-140 Receipt Number
Experts ,
I realized that in the 485j for the transfer of underlying basis request , attorney put in the EB3 I-140. I wonder if it should be EB2 I-140 instead?
I was told by the attorney that it has to be the current underlying 140 and the request for transfer to EB2 is in the TUB letter. I am not sure if that is correct.
Shouldn't the 485j be the evidence that the EB2 job is still available ?
Does others who interfiled remember which I140 was used on 485j ?
Appreciate your inputs.
From what I have seen most people do is to put EB2I140 number in the 485j. Not sure why your attorney put EB3I140 because that defeats the purpose of requesting for transfer of the underlying basis. Is there any reference to previously approved EB2I140 in your request letter?
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Interfile request letter has a reference of previously approved EB2I140. 485j was approved about 20 days ago and 485 changed to 'visa number regressed' and was sent back to NBC from the FO.
Some say that it's a normal procedure and it will still be reviewed /adjudicated this fiscal.
I am wondering if I should instead submit a new 485j with eb2 I-140.
There are a lot of people stuck in 'Case remains pending' status, which also means 'visa regressed'. I would say you should be fine. They might issue RFE for 485j. Its very likely you will be adjudicated this FY.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
If you sent the 485j and TUB request to CA address then your attorney did right by not sending medicals along with. If your case is still at Nebraska, you can send in your medicals there and it will have a higher possibility of getting attached to 485. But beware, it may also impact the transfer of your case out of Nebraska to NBC. It's a tough call but if I were you, I would still take the chance with interfiling medicals considering we are in the end game now!
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
You are right. Many are stuck in CRP/Visa regressed state. However it's not clear if most of the them have the 485j approved.
Lawyer agreed to send another 485j with EB2 140.Let's see if that helps.
Hi All,
I have been a long time reader of this forum and first time poster. Happy to share after almost a decade from starting the process my 485 status moved to "New Card is being Produced" today. I learnt a ton about US immigration over the years from this forum. My special thanks to Q, Spectator, Aceman and YTEleven for sharing your thoughts, data and predictions over the years.
My timeline -
PD: Aug 8th 2013
485 filing Date: Oct 29th 2020
EB3 140 approval: 16th Aug 2021 (downgrade)
Interfiled Medicals to Nebraska: September 2021
485 J Filing Date: 8th June 2022 (back to eb2)
Case transferred to NBC: 14th July 2022
Move to FO: Was in transit to Sacremento FO around July 19th 2022 but landed in Fresno FO on August 1st 2022
485 approval for primary: 4th Aug 2022
485 dependents remains in ?Case Transferred Status?
Feel lighter in thoughts after seeing the status update .. one less thing to worry
Does anybody have any insight wrt speaking with USCIS to get my case transferred from Nebraska to NBC? Can I get Emma to connect me to an agent or is there any other way?
You can't request case transfer. Its an internal thing and we don't have any say in it.
I might have to check again but as far as I know, there is no fixed trend that 485j are approved way before 485. Most cases that I have seen, 485j was approved within 1 or 2 days of 485 getting approved.
If your lawyer agrees to send another 485j then that's great. Good luck.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Update:
It has been ~6 weeks since WKD request was opened and the SLA is to respond within 14 days, but the ticket is still lying in the Qs and has NOT even been assigned to an agent. Meanwhile an inquiry from local congresswoman received this response:
?Thank you for your inquiry regarding this constituent?s immigration matter. Our review indicates that this I-485J application is pending at the National Benefits Center. Due to the nature of these types of applications, we are unable to provide an approximate timeframe of the review and these cases do not have a posted processing time listed on our USCIS website. However, we assure you that this case will be adjudicated as quickly as available resources allow.
USCIS systems indicate this constituent?s I-485 is currently pending at the Nebraska Service. The National Benefits Center (NBC) serves as a central facility for the pre-processing of Forms that require an interview, such as I-485s and N-400s. Your constituent's Form I-485 is awaiting transfer to the NBC from the Service Center for regular adjustment of status pre-processing. Once further action is taken, a notice will be sent to the address of record.?
Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues....
Question for experts:
As my original employer got acquired in 2021, a Job Portability request 485J was filed in April 2022 and Transfer or Underlying basis filed in May 2022. Folks who filed TUB after I did had movement in their cases but somehow mine did not see any activity. That made me wonder if the reason could be because of the Job Portability filing which done prior to the TUB. I have asked my attorney if that maybe the reason and the response I received was that is hard to tell, job portability is either processed at the same time as 485 or before.
1) Could Job Portability filing have completely halted by TUB request?
2) There are potentially 1000s of TUB still waiting to processed, wondering how GC allocations will done during next fiscal year, would be based on pending TUB or USCIS will conveniently ignore TUB filing and leave all the applications from 2011/12 out in the dark for years?
My date is right after yours.. and this line of yours sums up a lot of people
"Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues...."
1. I don't think so. But I see from your earlier message that you only sent TUB request at CA address and if that's the case then very likely your TUB request has not been processed because USCIS specifically asked to send both 485j and TUB at the CA address. I would recommend sending both TUB + 485j right away to CA address and also only TUB request to the center where your 485 is pending.
2. Yes there are still many to be processed but I see a lot of approvals for downgraders from 2011/12/13. So definitely USCIS processing quite a few interfilers already
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
Gurus,
Any idea, If NBC can adjudicate the case without sending to FO? My application is at NBC from Apr-4 and yet to move to any FO.
Thanks
EB3(2)-Dec-2013 (RD-Oct/29/2020, ND-Jan/30/2021)
APP No-SRC2190090XXX
Approved- I140 (Aug-11-2021)
Completed- BM (Aug-25-2021)
I693-Interfiled (Sep-28-2021)
I765/131-Case approved (Jan-18-2022)
Pending- 485
Guys - Just to close the loop on this topic. Finally it all went well ( my BIL and sister got their GCs in time) but perhaps dropping few details here that may help others who are stranded with similar delays.
Brother In Law EB2 Priority : 11th May,2011.
I485 application date : 20th Aug,2021.
I485 approval notice date : 11th June , 2022.
After this a physical green card did not arrive until 11th July, 2022. This caused curiosity, as we have been seeing delays in card printing and in some cases it is taking months. So my BIL was a bit anxious to get his card in hand before this urgent travel. So we reached out to Senator offices and we got a standard response that we will have to wait for 4 weeks to raise any requests. Similar response was meted from USCIS offices as well. He had his EAD/AP combo which was valid till end of 2023 and the USCIS officer mentioned he could go on the trip using his EAD/AP but could not point us to a document where this clause ( sweet-pot per Q, ie I485 approved but no GC in hand) is specifically mentioned. We spoke with one of the legal firms and there was no concrete response from them either. One advice was to call CBP and check there wont be any issues if the card wont arrive by the time of his return date. CBPs response was sort of assuring that EAD/AP can be used and that I485 document of approval and employment letter should be readily available should the officer require them. So he was ready on his trip but I somewhere felt perhaps a service ticket may do the trick and it did indeed. Though the general asking time to wait for 4 weeks before we can raise a request on latest LUD, I took a different route and basically raised a request asking for I485 status expedite/update. We got the standard response after 4 days that I485 is approved and we have to wait for the card. Immediately later that evening we got a email that card is being produced. Bingo!! So basically there appears some hold up of sort ( may be bad system programming?) that some ma need that extra push to complete the process. There was a mass travel exodus this July to India , so one of his neighbors took the cards with him and handed them over in India. So should anyone be stuck in similar situation, just go ahead and raise a service request and it should click. It worked for my BIL, sister and nephew and I485 is generally treated individually for each applicant. It took couple more weeks for my sister and nephew as we did not raise their service requests same time as my BIL.
Hope this helps!
Congratulations to all those we got their green cards recently!
P
Last edited by Prabhas; 08-20-2022 at 09:52 PM.
Guys - Just to close the loop on this topic. Finally it all went well ( my BIL and sister got their GCs in time) but perhaps dropping few details here that may help others who are stranded with similar delays.
Brother In Law EB2 Priority : 11th May,2011.
I485 application date : 20th Aug,2021.
I485 approval notice date : 11th June , 2022.
After this a physical green card did not arrive until 11th July, 2022. This caused curiosity, as we have been seeing delays in card printing and in some cases it is taking months. So my BIL was a bit anxious to get his card in hand before this urgent travel. So we reached out to Senator offices and we got a standard response that we will have to wait for 4 weeks to raise any requests. Similar response was meted from USCIS offices as well. He had his EAD/AP combo which was valid till end of 2023 and the USCIS officer mentioned he could go on the trip using his EAD/AP but could not point us to a document where this clause ( sweet-pot per Q, ie I485 approved but no GC in hand) is specifically mentioned. We spoke with one of the legal firms and there was no concrete response from them either. One advice was to call CBP and check there wont be any issues if the card wont arrive by the time of his return date. CBPs response was sort of assuring that EAD/AP can be used and that I485 document of approval and employment letter should be readily available should the officer require them. So he was ready on his trip but I somewhere felt perhaps a service ticket may do the trick and it did indeed. Though the general asking time to wait for 4 weeks before we can raise a request on latest LUD, I took a different route and basically raised a request asking for I485 status expedite/update. We got the standard response after 4 days that I485 is approved and we have to wait for the card. Immediately later that evening we got a email that card is being produced. Bingo!! So basically there appears some hold up of sort ( may be bad system programming?) that some ma need that extra push to complete the process. There was a mass travel exodus this July to India , so one of his neighbors took the cards with him and handed them over in India. So should anyone be stuck in similar situation, just go ahead and raise a service request and it should click. It worked for my BIL, sister and nephew and I485 is generally treated individually for each applicant. It took couple more weeks for my sister and nephew as we did not raise their service requests same time as my BIL.
Hope this helps!
Congratulations to all those we got their green cards recently!
P
Yes, they do approve cases without sending them to FO. But those numbers are pretty low.
PD: 01/17/2014 || EB3I || 485/131/765 RD: 10/6/20 || BM: 2/18/21 || ER Submitted: 5/21/21 || ER Approved: 06/01/21 || EAD/AP Card Received: 6/12/21 || RFE (Medical) Received: 8/30/21 || RRFE: 9/9/21 || 485 Approval: Pending
I was reviewing the 2 485j (job portability in Apr 2022 and transfer of underlying basis 485J in May 2022) and they both appear to be very similar in my case.
Question for those who filed TUB from EB3 to EB2: Along with the 485J , did you attorney enclose a letter or something to clearly indicate to USCIS that this is a TUB request? The reason I ask is because my attorney had a letter of support from my employer for the Job Portability application but not for TUB filing.
yes, besides the 485j (which cited EB2 I-140 as the underlying basis for the I-485) they prepared a letter for my signatures that clearly requested TUB. if your 485j is already acknowledged but there was no TUB letter, I suggest that you send one with copy of the 485j receipt to the original service center. that is what the uscis faq says to do.
@Positive Can you please share the uscis weblink for the FAQs ? My attorney's said that they followed the process only sent the TUB to Mont Claire CA address and I should send a copy to NSC if I like to.
The question is whether the Employer's attorney (they pretend and are legally your attorneys but they usually don't behave like it) sent a clear Transfer of underlying basis request on your behalf? If they didn't, then there is a problem. Check the USCIS FAQ for EB.
How does the new transfer of underlying basis request process work, particularly as individuals consider the large forward movement of the India EB-2 Final Action Date in the June 2022 Visa Bulletin?
We have created a new centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. You may submit your written request and completed Supplement J to:
Attn: I-485 Supp J
U.S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350
You should only send transfer requests accompanied by a Supplement J to this address, and you should not send other forms, documents, or evidence to this address.
Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application.https://www.uscis.gov/green-card/gre...of-status-faqs
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