Post 485-Filing

[murali83]

Guys,

I recently interviewed with a company which works in the same field that I do and the position I interviewed for is an exact carbon copy of what I am currently doing. They dont sponsor H1-B, so I said I can use my EAD. They said they will make an offer only if I have my GC. I asked them if there are any defence of security related projects where I will be working, they said No. Overall they said they are not comfortable hiring an employee on EAD even if it means no costs to them.

Can anyone throw some light on what could be some of the reasons for their discomfort. I can probably use that for future potential offers.

[Pedro Gonzales]

Only concern I can think of is that they are at the mercy of your I485 application which they have no knowledge of/control over. If there were irregularities in that application, you may get denied at which point you would be out of status and they would have no knowledge of it. At best they would lose an employee without any advance notice, at worst they would be employing someone who was out of status.

[murali83]

Only concern I can think of is that they are at the mercy of your I485 application which they have no knowledge of/control over. If there were irregularities in that application, you may get denied at which point you would be out of status and they would have no knowledge of it. At best they would lose an employee without any advance notice, at worst they would be employing someone who was out of status.

Thanks Pedro. Is their documentation/stats I can provide them to allay their concerns.

[qesehmk]

murali
My 2 cents ....
This could be plain old anti-immigrant sentiment which today is very widespread in corporate america. There are some people at the highest levels of management (and I am talking CxOs) who are anti-immigrants and anti-globalization.
It's good for you to not be working in such a place.

Guys,

I recently interviewed with a company which works in the same field that I do and the position I interviewed for is an exact carbon copy of what I am currently doing. They dont sponsor H1-B, so I said I can use my EAD. They said they will make an offer only if I have my GC. I asked them if there are any defence of security related projects where I will be working, they said No. Overall they said they are not comfortable hiring an employee on EAD even if it means no costs to them.

Can anyone throw some light on what could be some of the reasons for their discomfort. I can probably use that for future potential offers.

[murali83]

murali
My 2 cents ....
This could be plain old anti-immigrant sentiment which today is very widespread in corporate america. There are some people at the highest levels of management (and I am talking CxOs) who are anti-immigrants and anti-globalization.
It's good for you to not be working in such a place.

Q, thanks for that reply. Exactly what my wife says "don't work for an employer who thinks 10 times even to hire someone with a EAD"

Ok, so i guess I'll move on to the next company in my search.

[Eb2_Dec07]

Harapatta,

Based on latest USCIS procedures , from what I understand , they are required to package any or all RFEs on a candidate file at once and request additional information or evidence all together The goal is for them to review the file and case fully and seek missing info or docs at once VS asking information in bits and pieces.

My case is similar to yours aswell , responded to an RFE on a pending 485 . From my consultations with others and attorney , it is anybody's guess what happens once the file is in the status of being reviewed for RFE response. I personally believe based on the information provided in the VB summary and in the AILA calls , the cases will be processed and adjudicated for visa # . So hopefully it is adjudicated .

Guys I have general questions about RFE and sorry if they have been already answered back, but I didnt see any.

I applied I485 (EB2 India) in Jan 2012. I only got EAD/AP and AOS is pending. I got RFE in May2012. I have replied to RFE and its been 45 days and status shows 'Request for Evidence Response Review'


-Since now PD is Unavailable, is there any chance they would work/look on my RFE application until PD becomes current again ?How would I know if RFE was good enough?
-If my application become pre-adjudicated, How wuld I know? What could status change to online once RFE has been approved/cleared and I485 awaits avaialibity of visa number?
-Is there any possibility visa number was assigned to my case early in feb/march or any way to know that? Or is visa number only given when RFE is cleared and case pre-adjudicated.


If I use AC21,is it same now as would have been without RFE?
In RFE, They asked me about Employment verification letter. Wud that mean they wuld unlikely ask another one now in case of AC21 RFE if any?

[longgcque]

harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.

Harapatta,

Based on latest USCIS procedures , from what I understand , they are required to package any or all RFEs on a candidate file at once and request additional information or evidence all together The goal is for them to review the file and case fully and seek missing info or docs at once VS asking information in bits and pieces.

My case is similar to yours aswell , responded to an RFE on a pending 485 . From my consultations with others and attorney , it is anybody's guess what happens once the file is in the status of being reviewed for RFE response. I personally believe based on the information provided in the VB summary and in the AILA calls , the cases will be processed and adjudicated for visa # . So hopefully it is adjudicated .

[harapatta2012]

Thank you longgcque and Eb2_Dec07 for the much needed reply.
Actuallly, that's what I was wondering about, the infopass appt or talking to L2 officeer, beacuse I remeber something somebody metioned.

The reason to know if RFE is cleared and case pre-adjudicated is that, there should be one less issues when switching jobs using Ac21.
Moreover, I was worried that incase I get layoff or company closes, being unemployed and staying in US when one has RFE, is legal or not? But if case is pre-adjudicated, I think one can be unemployed and stay that way without having any problem if PD is not current (Offcourse when PD is current and case is adjudicated, one needs to be employed)

I'll do infopass. Thanks guys.

harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.

[reachme_s]

longgcque - Which one should we select in the following options to book infopass appointment?

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

harapatta, I agree with Eb2_Dec07 comments. This is what happened in my case - Filed 485 in Jan 2012 and had an EVL rfe on 3/21(internal CODs implemented on this date for EB2 IC) ... responded to rfe on 3/27, rfe response state change on 3/28. Had to visit India in May 1st week so took an infopass in end of april .. lady officer was polite and responsive, she picked up each 485 file in her system and confirmed that file has last action on 4/2 and all your cases are pre-adjudicated and awaiting a visa #. She also gave us a print of internal email that came to IO's mentioning internal retrogression of EB2 IC dates. Me and my wife felt happy and walked out.
I would suggest you take an Infopass and try your luck to know the status .. i hope u r pre-adjudicated.

[longgcque]

I would go with 4rth option .. "Case Services follow-up appointment "

longgcque - Which one should we select in the following options to book infopass appointment?

Case Processing Appointment - If you received a notice to go to your local office for further case processing.

EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.

Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

[sugada]

My Eb1b 485 was transferred to NBC-MO, after nearly four months. Does this mean I need to wait for another four months, any idea how long it might take.
Please respond.

[reachme_s]

longgcque - But I only have a service request # that I already got response for. Is it okay if we dont have a pending SR #?

I would go with 4rth option .. "Case Services follow-up appointment "

[longgcque]

reachme_s, In my case there was no SR. I had responded to RFE and wanted to know the status and so I used 4rth option and booked an appointment.

May be other experts can chip with comments.

longgcque - But I only have a service request # that I already got response for. Is it okay if we dont have a pending SR #?

[harapatta2012]

I have also booked appt for aone after next mondayusing 4th option, I read somewhere that you dont need a number.

reachme_s, In my case there was no SR. I had responded to RFE and wanted to know the status and so I used 4rth option and booked an appointment.

May be other experts can chip with comments.

[eb2visa]

Info pass info

http://www.uscis.gov/USCIS/Resources/F1en.pdf

[reachme_s]

Thanks harapatta2012. Yes, I dont have an SR, and I have booked infopass appmt for next Monday as well. lets see how it goes..

I have also booked appt for aone after next mondayusing 4th option, I read somewhere that you dont need a number.

[harapatta2012]

So I went for infopass appt today.
I told officer that I got RFE and replied to that and its mre than 60 days and thats why I come here. She didnt ask me about any SR #.
She told me that she see my case status as "Pre-adjudicated under review".
She told that she does not know what that means. Also she said everything look fine on my case and I just need to wait and be patient.

What does "Pre-adjudicated under review" mean?
Is it same as pre-adjudicated and waiting for visa number?
Or visa number was already assigned to my case when they were avaialble and it is closer to being approved?
Or both scenarios possible?

[Nandivada]

Hello Gurus,
Is it advisable to book an InfoPass appointment even though I didn't receive any RFE(yet)? I basically want to know if my case is pre-adjudicated or not. The reason I ask is that is multifold.
1. I have a good job offer from a big corporate bank and they are willing to wait until I am eligible to switch employer on EAD. (180 days from the receipt of EAD ~ Sometime Nov this year). I don't want to accept this offer if my case is not pre-adjudicated by then.
2. I am still on my H1B (with a desi consulting company) and am planning to visit India in Sep/Oct this year. I need to get stamped when I visit India. I want to know of any potential risks on switching to EAD if for any reason my H1B stamping gets rejected. (I think chances are very slim, but just laying it anyways). I don't want to switch to EAD, if I am not pre-adjudicated.

I am thinking of making an appointment with InfoPass with the premise that I haven't heard anything back after my FP appointment(which was more than 45 days ago) and I haven't seen any updates on USCIS website. Do you guys think this will fly? Also, since I have filed for my 485 on the last date that was technically open for me (before the dates retrogressed), do you guys think the application would have been even looked at for pre-adjudication?

My details -
PD - Nov2009
I485 Filed date - 04/30/2012
EAD/AP received date - 05/17/2012
FP date - 06/13/2012

[reachme_s]

Hello Gurus,
Is it advisable to book an InfoPass appointment even though I didn't receive any RFE(yet)? I basically want to know if my case is pre-adjudicated or not. The reason I ask is that is multifold.
1. I have a good job offer from a big corporate bank and they are willing to wait until I am eligible to switch employer on EAD. (180 days from the receipt of EAD ~ Sometime Nov this year). I don't want to accept this offer if my case is not pre-adjudicated by then.
2. I am still on my H1B (with a desi consulting company) and am planning to visit India in Sep/Oct this year. I need to get stamped when I visit India. I want to know of any potential risks on switching to EAD if for any reason my H1B stamping gets rejected. (I think chances are very slim, but just laying it anyways). I don't want to switch to EAD, if I am not pre-adjudicated.

I am thinking of making an appointment with InfoPass with the premise that I haven't heard anything back after my FP appointment(which was more than 45 days ago) and I haven't seen any updates on USCIS website. Do you guys think this will fly? Also, since I have filed for my 485 on the last date that was technically open for me (before the dates retrogressed), do you guys think the application would have been even looked at for pre-adjudication?

My details -
PD - Nov2009
I485 Filed date - 04/30/2012
EAD/AP received date - 05/17/2012
FP date - 06/13/2012

I'm also in the same situation as you and went for the infopass appointment last week, only to find that the case is still pending. I think you can schedule an infopass appmt and give it a try. But they may not always give you info more than what you already know. But worth a try! Good luck!

[Nandivada]

Thanks reachme_s. I was thinking the answer would be same as what I already know.

Is there any place where we can find out what is the latest application received date that USCIS has pre-adjudicated applications?

[GhostWriter]

USCIS website
https://egov.uscis.gov/cris/processingTimesDisplay.do

As of May 31,2012
TSC shows the last I-485 processed had a filing date of Jan 11,2012
NSC shows processing time of 4 months

The demand data that will be released this week will also give an indication of percentage of 2008 and 2009 cases that have been pre-adjudicated. The numbers with last month's demand data were 74% for 2008 and 46% for 2009 priority dates.

http://www.qesehmk.org/forums/showth...8404#post28404

Thanks reachme_s. I was thinking the answer would be same as what I already know.

Is there any place where we can find out what is the latest application received date that USCIS has pre-adjudicated applications?

[Nandivada]

Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.

USCIS website
https://egov.uscis.gov/cris/processingTimesDisplay.do

As of May 31,2012
TSC shows the last I-485 processed had a filing date of Jan 11,2012
NSC shows processing time of 4 months

The demand data that will be released this week will also give an indication of percentage of 2008 and 2009 cases that have been pre-adjudicated. The numbers with last month's demand data were 74% for 2008 and 46% for 2009 priority dates.

http://www.qesehmk.org/forums/showth...8404#post28404

[gc0907]

1: It says in the Instructions: "The charts are updated on or about the 15th day of each month."

2: They keep processing the cases even if the case-date is not current i.e. they can issue an RFE if needed.

Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.

[GhostWriter]

As gc0907 mentioned, it is supposed to be updated monthly.
The cases will keep getting processed irrespective of the cut-off dates and RFE can be issued anytime.

Thanks Ghostwriter. My case is with TSC. Do you know how often these processing times are "refreshed/updated"? I see that the latest update was on Jul 19, 2012 for May 31, 2012 status. I will keep on checking this processing time page to gauge when to go for InfoPass appointment.

Dumb question - Also, can someone please let me know if USCIS requires additional evidence, do they issue RFE while they process the application (even though Visa numbers aren't available yet) or do they wait till the applicant's date becomes current to issue an RFE.

I am asking all these questions to gauge the risk of switching over to EAD from H1B.

[codesmith]

Hi to all,
I wanted to know from those who got GC last year and this year...
Has any one left the company that filed for GC and started with new one, if so then what was the time frame between GC received and resignation.
I'm interested in knowing what's the trend- how long people continue with the same company.