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Thread: Application Status

  1. #276
    Quote Originally Posted by eb2jun2010 View Post
    Have been a silent reader on this forum and I would like to say a big thank you to Q, Spec, Idliman and other gurus who have been helping so many of us.

    I have a unique situation and not sure what to do next.

    I was employed by Company A since 2011, filed 485 on 10/21/2020 in EB2 with PD June, 2010. Submitted medicals, I944 and 485J along with my 485 application. On 11/3/2020, our company announced that it will be acquired by company B from 1/1/2021. Company B updated the public access record and established successor in interest for H1-B through a notary paperwork, they did not do H1-B amendment nor transferred my H1-B. I am on company B?s paystubs from Jan 1st 2021.

    For GC, company B?s lawyer said we can file 485J after completing 180 days as Company A?s federal tax ID is still active. Tried to convince her to file I-140 to establish successor in interest but could not succeed. Gave my fingerprints on 3/22/21.

    Fast forward, I completed 180 days on 4/19/2021 and company B prepared new 485J and mailed it on 4/30/2021. I was hoping that it might trigger something as my pd was current in May. Irony is I got receipt for old 485J on 5/1/2021.

    My 485 application got approved on 5/11 and today I see that old 485J got approved as well. Reached out to the lawyer and she mentioned that worst case, my 485 case could be reopened to process the new 485J. Since we have proof that a new 485J was submitted prior to the approval in case any question may arise.
    Approval has not sunk it yet as it all happened in such small span of time.

    Don?t want to sound negative but being in backlog for the last 11 years makes me think of all possible scenarios.
    1) Dependent?s H1-B is up for renewal in Sept, 2021. If we do not proceed with his H1-B renewal and 485 case is reopened, can he continue to work given our EAD and AP cases are in pending status?
    2) Can this have any impact down the line when I apply for Citizenship?


    Thanks in advance!
    Wow. Never heard of this before. The good thing is successor in interest, so you are working for the same employer for 180 days after filing I-485. Your I-140 was already approved with Company A. You filed I-485 with Company A. You have been working with Company A then on Company B wilth Successor in Interest. So I think you are good. I am not formally educated in law, so don't know if I am missing any fineprints.

    The good thing about GC is that the day GC is approved you are a permanent resident. Whether you like it or not, you are already a permanant resident. Also you cannot move to nonimmigrant visa status after GC is issued. You may have to do USCIS form I-407 to abandon GC (LPR) status. You need to provide a reason for it. Whatever you have stated above is not a proper reason that will be accepted by USCIS. Also you should not think about giving up GC or not using GC. You did everything by book including I-485 J. Even if someone losees their job in the 4th month and sends their I-485 J after 180 days, they are still good to meet AC21 requirements. The only way one will get in trouble is if USCIS sends a RFE before 180 days and they are required to respond before 180 days. So you are golden in my book. I think you are unnecessarily worrying my friend. An attorney firm filed I-485 J for you right. They should know the inner points. Maybe you can ask them if there are any issues.

    When USCIS looks at I-485 Supp J, they will find out that the GC is approved. At that time because 180 days has crossed, they can look for only "same or similar" justification. As you are in same job across company A or B, you don't have an issue with I-485 Supp J. The only other thing USCIS can do is revoke your I-140 for cause after 180 days. That happens only if there is fraud, background, or other scenarios that involve cheating.

    For Citizenship, you are required to work with the company for a "reasonable time". Reasonable is usually 6 months after GC. There will not be any issues in your case. You will fill company A d.b.a. Company B as employer. You can also save a copy of successor in interest for future reference.

    I would also advise you to pay for a 30 minute discussion with Murthy or other reputable law firms for an independent consultation. That way you will have a peace of mind and any fineprints sorted out.

    Good Luck Friend.
    LPR Since 07MAY2021

  2. #277
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    Quote Originally Posted by rsnake View Post
    Congrats! Just keep all the documentation of the company acquisition, and records of sending I-485J (package tracking history, since it goes away), a copy of I-485J, your correspondence with the lawyer regarding filing it etc. in a safe place. At the time of naturalization they look whether you actually intended to work for the employer who filed for I-485 or not. With all this documentation it'll be a cakewalk in the worst case. Even in case there are issues, you can file a lawsuit and almost any judge will laugh the USCIS out of the court. I would stop worrying and enjoy the GC.

    For our benefit, can you share your I-485 Received date and the USCIS service center that processed your I-485 so fast?
    Thank rsnake for your suggestion! I will save all paperwork, emails, etc to be on safe side

    Here are my details -
    PD-6/24/2010
    RD-10/21/20 filed 485 with medicals and Supp J
    ND-12/7/20
    BM-3/22/21 ASC Philly
    old Supp J ND-5/1/21
    New Supp J sent on 4/30/21
    485 and dependent "New Card being produced"-5/11/21
    485 and dependent "Case Approved"--5/12/21
    Old Supp J approval-5/12/21

  3. #278
    Quote Originally Posted by eb2jun2010 View Post

    Don?t want to sound negative but being in backlog for the last 11 years makes me think of all possible scenarios.
    1) Dependent?s H1-B is up for renewal in Sept, 2021. If we do not proceed with his H1-B renewal and 485 case is reopened, can he continue to work given our EAD and AP cases are in pending status?
    2) Can this have any impact down the line when I apply for Citizenship?


    Thanks in advance!
    Long story short, you are in a good shape. No need to worry! Don't apply for H1-B, etc. for your dependent. Enjoy your green life. As others have suggested, keep documentation of everything that happened just in case there are any questions in future (you should always keep documentation of everything anyways). Most likely, USCIS will approve your new 485J when they eventually get to it, OR you will never hear back from them again.

  4. #279
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    Thank you idliman for the well articulated response! Congratulations on your GC.

    My I-140 was approved with company A in 2013 and they never applied for withdrawal as company A is still active.
    New Supp J has the exact same responsibilities and same office location as old Supp J.
    Currently working with both company A lawyer and company B lawyer, both are clueless and have suggested to wait it out and see if USCIS decides to re-open 485 to process the new Supp J.
    I will save all the emails, paperwork tied to the new Supp J. Planning to reach out to my husband's company lawyer or another lawyer.

  5. #280
    Quote Originally Posted by eb2jun2010 View Post
    Thank you idliman for the well articulated response! Congratulations on your GC.

    My I-140 was approved with company A in 2013 and they never applied for withdrawal as company A is still active.
    New Supp J has the exact same responsibilities and same office location as old Supp J.
    Currently working with both company A lawyer and company B lawyer, both are clueless and have suggested to wait it out and see if USCIS decides to re-open 485 to process the new Supp J.
    I will save all the emails, paperwork tied to the new Supp J. Planning to reach out to my husband's company lawyer or another lawyer.
    Your Supp J was submitted after 180 days and the job description (portability) is exactly the same. They might just ignore the I-485 J or they might process it and approve it internally. Either way you are not going to hear from USCIS again.

    For N-400, work in the GC job for a "reasonable" time or 6 months. They look at the history for the last 5 years before N-400. In the worst case, you can delay submitting N-400 by another 6 months. But in your case you need not worry.

    If you have any male kids in the age group of 18 to 26 they need to register for selective service. Otherwise they might have issues with N-400 and have to wait till they are 30 to apply for Citizenship.
    LPR Since 07MAY2021

  6. #281
    Hi Gurus:

    If this question doesn't belong here then please let me know so that I can move it to appropriate thread.

    Asking this for a friend:
    Friend works for a local construction company as a direct hire since 2009 here in Michigan. GC filed in 11/2012, EB2. I140 approved in 2013.
    Employer did not support him to downgrade to EB3 when the opportunity came along in Oct 2020.
    Recently my friend was asked to sign a non-compete/NDA (which states that he cannot join a competitor or start his own business within 60 miles radius if he voluntarily leaves the company). Which my friend is reluctant to sign because he does have plan to start his own operations once he gets his GC.
    He was told that if he doesn't sign then he will most likely lose his job.
    Considering construction field is a tight market (also he already has bought a house locally), finding a new job with H1 sponsor in 60 days (before he has to leave the country) might be an uphill task. In which case he's willing to move back to India.

    Questions:
    1. If he decides to leave for India then what happens to his underlying GC application? Is it null and void or remains unaffected?
    2. Assuming his current PD and I140 remains unaffected, if he leaves for India and few months down the line he finds a new employer here, instead of coming through H1, can this new employer directly start a GC process for him and use his current I140 to port the PD after the new PERM is approved (assuming by this time his 2012 date will be current) and once GC is approved (through CP?) he can enter the country using that?

    Thanks in advance

  7. #282
    Quote Originally Posted by eb2jun2010 View Post
    Thank rsnake for your suggestion! I will save all paperwork, emails, etc to be on safe side

    Here are my details -
    PD-6/24/2010
    RD-10/21/20 filed 485 with medicals and Supp J
    ND-12/7/20
    BM-3/22/21 ASC Philly
    old Supp J ND-5/1/21
    New Supp J sent on 4/30/21
    485 and dependent "New Card being produced"-5/11/21
    485 and dependent "Case Approved"--5/12/21
    Old Supp J approval-5/12/21
    Thanks for the info, hoping everyone gets fast approvals like this. What was your service center? I'm guessing NBC or NSC because TSC is so slow.

  8. #283
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    Congratulations Rsnake!!
    Does Rsnake case imply USCIS is not doing interviews before adjudicating GCs?
    PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21

  9. #284
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    One more question to Guru's here.

    After 180 days have passed since receipt date,an employee accepts new employment on EAD using AC21 protections. After that If the previous employer withdraws I-140 and H1B , will that affect his AOS , 485 application in any way ?
    PD: 03/2011 (EB2-I) RD: 10/19/20 ND: 11/ 11 /20 BM: 01/12/21 EAD/AP :02/16/21

  10. #285
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    Quote Originally Posted by Mgajsk View Post
    One more question to Guru's here.

    After 180 days have passed since receipt date,an employee accepts new employment on EAD using AC21 protections. After that If the previous employer withdraws I-140 and H1B , will that affect his AOS , 485 application in any way ?
    No, that's what means to be protected by AC21. You can safely cut any ties with the old employer. Just file the 485J supplement and you are good.

  11. #286
    Quote Originally Posted by Mgajsk View Post
    One more question to Guru's here.

    After 180 days have passed since receipt date,an employee accepts new employment on EAD using AC21 protections. After that If the previous employer withdraws I-140 and H1B , will that affect his AOS , 485 application in any way ?
    In addition to the other reply, it's 180 days from received date, not receipt date. Also, the risk is higher for people that concurrently file with new or amended I-140 and it hasn't been 180 days from I-140 approval.

  12. #287
    Quote Originally Posted by idliman View Post
    I had sent I-485 Supp J (job portability) proactively in April 2019; By the time USCIS processed it and sent RFEs, it was Oct 2019. So My medicals, G-325A, Supp J are all up-to-date and current. I am working in H1B with the same employer in I-485 J. So it was approved without any RFEs.

    I had used congressman query on the sidelines. Either that made it happen or case approved in normal processing. Some people with PDs around my date are either getting approvals or RFEs in TSC. Still not 100% sure how it happened. I may be one of the top 20% earlier approvals in TSC.
    Congratulation @Idliman!! so happy for you!

  13. #288
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    Quote Originally Posted by rsnake View Post
    Thanks for the info, hoping everyone gets fast approvals like this. What was your service center? I'm guessing NBC or NSC because TSC is so slow.
    Its NBC with MSC series 45

  14. #289
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    Our interview was waived. I posted my details in #277 above.

  15. #290
    Quote Originally Posted by eb2jun2010 View Post
    Thank rsnake for your suggestion! I will save all paperwork, emails, etc to be on safe side

    Here are my details -
    PD-6/24/2010
    RD-10/21/20 filed 485 with medicals and Supp J
    ND-12/7/20
    BM-3/22/21 ASC Philly
    old Supp J ND-5/1/21
    New Supp J sent on 4/30/21
    485 and dependent "New Card being produced"-5/11/21
    485 and dependent "Case Approved"--5/12/21
    Old Supp J approval-5/12/21
    Hello eb2jun2010,
    Congratulations on getting greened!
    I just wanted to point out similarities between your and my case. PDs seem to be quite similar (mine 06/30/2010), same service center (MSC) and ASC (Philly) and similar BM date (mine 04/01). I am perfectly fine waiting 6-8 month after getting current (having waited 11 years already) but I am so glad someone in the same bucket getting greened! Must have been a pleasant surprise to you!
    PD: 30-Jun-2010 EB2-I
    AOS/EAD/AP Application RD: 28-Oct-2020
    Biometrics Completed: 01-Apr-2021
    Service Center: NBC; ASC: Philly
    I-765: New card being produced: 07-23-2021, card received: 8/16/2021
    I-485J Receipt Notice ND: 08/20/2021, RD: 9/9/2021
    LPR: 09/09/2021

  16. #291
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    Quote Originally Posted by bangaloreboy View Post
    Hello eb2jun2010,
    Congratulations on getting greened!
    I just wanted to point out similarities between your and my case. PDs seem to be quite similar (mine 06/30/2010), same service center (MSC) and ASC (Philly) and similar BM date (mine 04/01). I am perfectly fine waiting 6-8 month after getting current (having waited 11 years already) but I am so glad someone in the same bucket getting greened! Must have been a pleasant surprise to you!
    It indeed was a surprise, couldn't believe it for couple of hours and thought USCIS changed the status of my case instead of some other case. Good luck with your journey and I really hope you get your approval soon.

  17. #292
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    Quote Originally Posted by eb2jun2010 View Post
    Its NBC with MSC series 45
    Congratulations, eb2jun2010!

    What does "series 45" signify? Does it signify some form of case processing order? How does one figure out this "series"? My case number is MSC209150xxxx.
    PD: 7/7/09 (EB2I); RD: 8/3/20 (NBC); FP: 1/21/21

  18. #293
    Quote Originally Posted by TheLureoftheGreen View Post
    Congratulations, eb2jun2010!

    What does "series 45" signify? Does it signify some form of case processing order? How does one figure out this "series"? My case number is MSC209150xxxx.
    I'm guessing Series 45 is MSC219045* on the I-485 receipt. By that count, you are Series 50.

  19. #294
    Hi Guys,
    How long does it take for USCIS 485 case status to change from New Card is being Produced to card mailed or picked up by uscis? My case status updated to new card is being produced on 14th May 2021, but no updates after that. Is this normal?

    Thanks
    Wiz

  20. #295
    My case was updated to "New Card is being Produced" yesterday and today it changed to "Case Was Approved". Not sure what is the next step.

  21. #296
    Quote Originally Posted by Wizoz2 View Post
    Hi Guys,
    How long does it take for USCIS 485 case status to change from New Card is being Produced to card mailed or picked up by uscis? My case status updated to new card is being produced on 14th May 2021, but no updates after that. Is this normal?

    Thanks
    Wiz
    Can anyone please help answer this question?

  22. #297
    Quote Originally Posted by Wizoz2 View Post
    Hi Guys,
    How long does it take for USCIS 485 case status to change from New Card is being Produced to card mailed or picked up by uscis? My case status updated to new card is being produced on 14th May 2021, but no updates after that. Is this normal?

    Thanks
    Wiz
    I wouldn't check case status once I had my card in my hand. I guess you should receive it literally any day now.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  23. #298
    Quote Originally Posted by waiting-forever View Post
    My case was updated to "New Card is being Produced" yesterday and today it changed to "Case Was Approved". Not sure what is the next step.
    Nothing .... just wait to receive the card which should arrive any day. Congratulations!
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  24. #299
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    Quote Originally Posted by Wizoz2 View Post
    Can anyone please help answer this question?
    Hope this helps

    5/11 - New Card is Being Produced
    5/12 - Case was Approved
    5/13 - Card Was Mailed To Me
    5/14 - Card Was Picked Up By The USPS (with tracking #)
    5/18 - Card Was Delivered To Me By The Post Office

  25. #300
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    Quote Originally Posted by Kesid23 View Post
    Same thing happened for my derivative.

    We applied in October, 2020.
    Both of us had our biometrics done in December 2020 and our dates are current since March, 2021.

    I got code 3 biometrics for both 765 and 485.

    But my spouse got only code 2 for 765.

    He has not yet received another code 3 biometrics notice for code 3.

    But, I had read many posts of Trackitt, with many saying that they got another code 3 biometrics notice later.

    Don't know when that will happen for us!
    Update on Biometrics for us:

    I (primary) did code 3 biometrics for 485 and 765.

    My spouse (derivative) received only code 2 for 765 for December 2, 2020.

    He got a second biometrics notice , this time code 3 for both 485 and 765 and completed it on May 17, 2021.

    So essentially his first bio was waste of time!

    We also received a medical RFE and responded to it in April. We had not submitted the medical RFE when we filed in October, 2020.

    We have been current since March, 2021.

    So the wait continues!!
    Priority Date: 11/9/2009
    Filed for AOS/ 765/ 131 (RD): 10/20/2020
    Biometrics: 12/2/2020 code 3 for Primary, code 2 for Derivative
    5/17/2021 code 3 for Derivative
    Medical RFER: 4/16/2021
    Service Center: MSC

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