Application Status

[qesehmk]

Like Q pointed out, you can try all the avenues available to you like reaching out to congressman etc. But, it's best not to mention the age out situation as your kid is already protected. You don't want the USCIS/congressman to perceive the request as if you are trying to pull a fast one over them. I am pretty sure USCIS has received these kinds of requests before and they may stop giving folks the benefit of doubt (that you were not knowledgeable about the rules) if they see a pattern.

vsivarama - I am not sure if cancer's kid is protected yet. I will leave that him/her. But as far as congressman goes - please do not feel concerned at all to show your genuine concern. Believe me, they are very courteous and genuinely will try to help you. (In 99% of the cases it is not really the congressman himself but his staff who responds and takes action on your case). These people are trained to be helpful. So do not ever worry about showing your vulnerability or genuine problem.

The only thing I would caution is - be courteous, respectful and mindful - not out of any fear - but that's what American culture is. After all this is still a favor your are going to ask the congressman's office.

[vsivarama]

vsivarama - I am not sure if cancer's kid is protected yet. I will leave that him/her. But as far as congressman goes - please do not feel concerned at all to show your genuine concern. Believe me, they are very courteous and genuinely will try to help you. (In 99% of the cases it is not really the congressman himself but his staff who responds and takes action on your case). These people are trained to be helpful. So do not ever worry about showing your vulnerability or genuine problem.

The only thing I would caution is - be courteous, respectful and mindful - not out of any fear - but that's what American culture is. After all this is still a favor your are going to ask the congressman's office.

As per the rules once FAD is current and i140 is approved the kids age is locked with a pending 485. Law is very clear on that one. The reason, I caution against the above approach is because there are plenty smart people in USCIS who are constantly changing their approach based on our behavior. For e.g. because of all the folks expediting EAD/AP now the bar from USCIS is set so high that it's become almost impossible to expedite EAD processing even for genuine job loss requests. It's now baked into the cake that you will not get your EAD for at least 8 months since applied. 99% of the congressmen are helpful but unfortunately I do not have much luck in that department either. My district is represented by Michael Burguess one of the few select people who voted against HR 1044 and Ted Cruz (do I need to say anything more than that, LOL!!). I have never received any personalized response from them but only automated messages if I am lucky (not sure if I am doing anything wrong). Coming back to the original point it feels like USCIS is no longer the same organization pre Trump. Looks like now they do not take any accountability so hence my consternation. It almost feels like USCIS is taking punitive action against those who try and hold them accountable.

[kisvasa]

Like Q pointed out, you can try all the avenues available to you like reaching out to congressman etc. But, it's best not to mention the age out situation as your kid is already protected. You don't want the USCIS/congressman to perceive the request as if you are trying to pull a fast one over them. I am pretty sure USCIS has received these kinds of requests before and they may stop giving folks the benefit of doubt (that you were not knowledgeable about the rules) if they see a pattern.

Hi vsivarama,

I did explore the avenue of expediting my I485 without success. I used financial impact as the reason and used the same commentary that i had used to expedite EAD and AP. While it worked for EAD/AP, it did not for I1485, the officer who examined the request gave a response that "While my situation does indicate urgency it does not fit the bill of extreme/critical nature warranting an expedite approval". I am current as on June 1st 2021. I am contemplating other avenues (Rep / Senator) as next options in the next few days if i dont see a progress on my application.

[qesehmk]

As per the rules once FAD is current and i140 is approved the kids age is locked with a pending 485. Law is very clear on that one. The reason, I caution against the above approach is because there are plenty smart people in USCIS who are constantly changing their approach based on our behavior. For e.g. because of all the folks expediting EAD/AP now the bar from USCIS is set so high that it's become almost impossible to expedite EAD processing even for genuine job loss requests. It's now baked into the cake that you will not get your EAD for at least 8 months since applied. 99% of the congressmen are helpful but unfortunately I do not have much luck in that department either. My district is represented by Michael Burguess one of the few select people who voted against HR 1044 and Ted Cruz (do I need to say anything more than that, LOL!!). I have never received any personalized response from them but only automated messages if I am lucky (not sure if I am doing anything wrong). Coming back to the original point it feels like USCIS is no longer the same organization pre Trump. Looks like now they do not take any accountability so hence my consternation. It almost feels like USCIS is taking punitive action against those who try and hold them accountable.

USCIS has indeed become more anti immigrant and brazen. The way they strong armed DOS over the VB and they way now USCIS is effectively controlling dates is a tell-tale sign of the balance of power.

Unfortunately what you say is correct. I am very sorry for your situation. I used to live in Arizona where despite being a republican late Sen. McCain's office was incredibly gracious in responding to my request. But I can see how Texas may be an entirely different ballgame.

[mohan_jgd]

Hey Sri,

I-765 is still languishing around Aug 2020 receipt dates for inquiry but I-131 is 'current' so to speak. So I would say just open a Case Outside Normal Processing time request for the I-131 here and they will join it with the I-765: https://egov.uscis.gov/e-request/dis...oPageType=onpt

I did that for my wife on June 17 and they approved AP/EAD today.

Thanks a lot for the tip Turbulent. I did the same for myself and it seems the AP/EAD was approved the next day itself. I only got to know when i received the approval notices in my mailbox today.

Strange thing is the case status was updated this week but i didn't get any text/notification (i have signed for it) from my USCIS account on status updates.

[aGCHopefull]

Question: once the dependents get EAD/AP, how do they get SSN (had selected the option to get SSN on I-765 form)? Do they need to apply for it in SSA office?

[kb2013]

Hey Sri,

I-765 is still languishing around Aug 2020 receipt dates for inquiry but I-131 is 'current' so to speak. So I would say just open a Case Outside Normal Processing time request for the I-131 here and they will join it with the I-765: https://egov.uscis.gov/e-request/dis...oPageType=onpt

I did that for my wife on June 17 and they approved AP/EAD today.

How do you do this? I tried to submit one and I get below response in the uscis site. I applied for AP on March 11 in Texas Service center.

"Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. Further information about recent processing times can be viewed on the uscis.gov webpage.

If you have other questions regarding your application or petition, contact USCIS Customer Service at 1-800-375-5283 or 1-800-767-1833 (TTY).

Return to Main Inquiry Page View all USCIS Self Service Online Tools"

[srimurthy]

How do you do this? I tried to submit one and I get below response in the uscis site. I applied for AP on March 11 in Texas Service center.

"Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. Further information about recent processing times can be viewed on the uscis.gov webpage.

If you have other questions regarding your application or petition, contact USCIS Customer Service at 1-800-375-5283 or 1-800-767-1833 (TTY).

Return to Main Inquiry Page View all USCIS Self Service Online Tools"

People who raised the SR on AP, have actually submitted the applications in Oct. So the dates were beyond the processing times of 6 or 8 months and hence the SRs were accepted. Since you AP application was submitted in Mar, you have to wait till the standard processing times listed on the USCIS website for the service center where your application was submitted. Most probably you can submit after Oct.

[srimurthy]

Question: once the dependents get EAD/AP, how do they get SSN (had selected the option to get SSN on I-765 form)? Do they need to apply for it in SSA office?

Even I am waiting for a response to this Q.
Someone who already got the GC card approved or delivered can answer it.

[idliman]

Question: once the dependents get EAD/AP, how do they get SSN (had selected the option to get SSN on I-765 form)? Do they need to apply for it in SSA office?

Even I am waiting for a response to this Q.
Someone who already got the GC card approved or delivered can answer it.

In the current version of I-765 form there is an option to request SSN directly from SSA. Read this. If you or attorney had selected this option, then SSN will come to you. I believe it is 2 or 3 weeks after EAD is approved. Please google on the processing times.

If you did not request SSN along with the EAD application, then you have to go the local SSA office and apply for a SSN. Most of the offices are still in Pandemic mode. So you need to call them first, book an appointment and then submit the application SS-5 Form in person. Check the actual SS-5 form to make sure that you carry all forms of proof's needed.

Without a GC or Citizenship everyone gets only a restricted SS Card. After getting GC, if you want the additional wording "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" removed, you have to submit a new SS-5 form along with GC as evidance. However, if you have kids going to college, I recommend you to update the SS Card status after GC / Citizenship. The college admissions are set to sort applicants on SSN status. They will automatically assume that the kid does not have eligibility for merit scholarships or financial aid. One of my coworkers from Nigeria had his kid face this issue and he had to go to SSA to change the status and it was automatically reflected in the admissions system.

HTH.

[getsaby]

Hello,

Need advice from members on spouse pending I485, have raised three SR haven’t got any positive response, first one went kaput, second said ,"Our records show that your I-485 application is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay", and third SR still waiting on reply.

Primary filed I485 in 2012, my PD is Oct, 2009 EB2-INDIA, I got my GC in April 2021. We got current in March 2021 Visa Bulletin. Spouse I485 was filed on Oct, 2020 with NBC (without medical), applied EAD/AP on 12/2020, FP done on 02/09/2021, got one year EAD/AP around mid Apr, 2021.

Can you please suggest what can be done, to trigger our file.

Appreciate the read and constructive response

[idliman]

Hello,

Need advice from members on spouse pending I485, have raised three SR haven?t got any positive response, first one went kaput, second said ,"Our records show that your I-485 application is currently pending adjudication. We regret that we are unable to provide you with a completion date at this time. We apologize for the delay", and third SR still waiting on reply.

Primary filed I485 in 2012, my PD is Oct, 2009 EB2-INDIA, I got my GC in April 2021. We got current in March 2021 Visa Bulletin. Spouse I485 was filed on Oct, 2020 with NBC (without medical), applied EAD/AP on 12/2020, FP done on 02/09/2021, got one year EAD/AP around mid Apr, 2021.

Can you please suggest what can be done, to trigger our file.

Appreciate the read and constructive response

As your derivative I-485 was filed only in Oct 2020, it is within the regular processing time. I am surprised that USCIS even accepted these many service requests. You can interfile medical without waiting for a RFE. That might trigger something.

Alternatively you can try congressional / senatorial route. Your case is strange because they normally approve the derivatives along with primary. Maybe it was not linked properly to the primary before primary was adjudicated. I would push the case as USCIS error saying derivative was not approved along with primary. But before going to congressman interfile and get medical sorted out.

Good Luck.

[getsaby]

Thanks @idliman,

How can you say that may case is in regular processing time?

I raised first SR in APRIL 2021, after 30 days when I saw there was no response I raised another in Jun 2021, which they did replied in 5 days, and now I raised another one on 07/04. I looked at INTERFILE too, it looks more like hit or miss.

I filed my I485 in 2012 and have responded to 4 medical RFE, Spouse I485 was filed in Oct, 2020 first time without Medical RFE (Murthy).

I think, I'll wait them to responded to this SR, if not will go with congressional / senatorial route.

Thanks for your response

[getsaby]

As your derivative I-485 was filed only in Oct 2020, it is within the regular processing time. I am surprised that USCIS even accepted these many service requests. You can interfile medical without waiting for a RFE. That might trigger something.

Alternatively you can try congressional / senatorial route. Your case is strange because they normally approve the derivatives along with primary. Maybe it was not linked properly to the primary before primary was adjudicated. I would push the case as USCIS error saying derivative was not approved along with primary. But before going to congressman interfile and get medical sorted out.

Good Luck.

Good news, today we got the Medical RFE mail finally from the ASC local office.

[idliman]

Good news, today we got the Medical RFE mail finally from the ASC local office.

Congratulations. We all will be waiting to hear good news in one month's time.

[FlowerPot]

Is there any pattern or reasoning behind case transfers to other service centers - apart from bland reasoning given in notice as "speeding up processing" and such?

My case moved from MSC to TSC just 1 week before my PD became current. I am training my brain to convince itself that case @ TSC and I might end up being a long hauler.

[newsletter1978]

Thanks for the quick response. I got it from local FO where the case was transfered from MSC recently. So I assume you put both yours and spouse medicals in one envelope though 1 RFR for each is generated. Is their any cover letter needed too?

Hi delguy, what is your receipt date for 485. my receipt date is oct 29 2021, went to msc. i got current in march but have not received ead or rfe for medicals. just want to gauge where i am in their processing.

[delguy]

Hi delguy, what is your receipt date for 485. my receipt date is oct 29 2021, went to msc. i got current in march but have not received ead or rfe for medicals. just want to gauge where i am in their processing.

Mine is 10/29 too but ND is dec 15. My case moved after it got transfered to local FO. From my findings so far, NBC can not approve i-485 cases and they have to be moved to local FO for final decision. That is what they are trying to do now, moving to FO. Once it reaches FO, the FO will pull the file when its turn come and issue RFE or GC depending on the completeness. You should check with Emma where your case is at - whether moved to FO or still at NBC and then gauge the load at your FO to predict movement.

[newsletter1978]

Mine is 10/29 too but ND is dec 15. My case moved after it got transfered to local FO. From my findings so far, NBC can not approve i-485 cases and they have to be moved to local FO for final decision. That is what they are trying to do now, moving to FO. Once it reaches FO, the FO will pull the file when its turn come and issue RFE or GC depending on the completeness. You should check with Emma where your case is at - whether moved to FO or still at NBC and then gauge the load at your FO to predict movement.

Thanks delguy. Emma tells me it is in the Chicago field office, processing time of 8 to 15 months, i guess i just have to wait.

[delguy]

Thanks delguy. Emma tells me it is in the Chicago field office, processing time of 8 to 15 months, i guess i just have to wait.

That is good, you might get some movement on your case soon. Dobt worry about the processing time. Looks like FO are working overtime to speed up the EB cases.

[srimurthy]

Mine is 10/29 too but ND is dec 15. My case moved after it got transfered to local FO. From my findings so far, NBC can not approve i-485 cases and they have to be moved to local FO for final decision. That is what they are trying to do now, moving to FO. Once it reaches FO, the FO will pull the file when its turn come and issue RFE or GC depending on the completeness. You should check with Emma where your case is at - whether moved to FO or still at NBC and then gauge the load at your FO to predict movement.

I reached out to Emma and the agent said the case is looked at and handled by NBC and FO together all the time. And also they shared it is in the queue for Interview. Does that mean Interview is confirmed or they have to decide if the case needs an interview or not and can be approved without an interview?

[delguy]

I actually sent it out in separate envelopes as the RFE letters came from the FO separately. But someone had mentioned that if you were going to send them in the same envelope, then keep 2 smaller envelopes (one for each of you) inside the Fedex envelope and send it out. I did not put any cover letter, just the copy of the RFE and sealed medicals envelope.

Thanks. I am also thinking the same, to send in two different packages as they came in 2 separately.

[delguy]

I reached out to Emma and the agent said the case is looked at and handled by NBC and FO together all the time. And also they shared it is in the queue for Interview. Does that mean Interview is confirmed or they have to decide if the case needs an interview or not and can be approved without an interview?

Most likely yours is still at NBC then. I wont worry too much about the interview part. I think once a case reaches FO, they look at it and decides whether to waive interview or not.

[inspired_p]

secondary's AP application was lost and hence she has received only EAD ( no AP). We recently created a SR for the AP application which is still under review. The experiences of people getting EAD/AP and GC approval within days gives me hope that as soon as the AP application is touched they will also pick our I-485 application to process as PD is current since May 2021

485 of secondary changed status tp RFE .. no changes on primary application

[korlakunta08]

I replied to RFE on July 16th and case status changed to RFE received on July 19th witting for my GC approval.

any suggestion how long I have to wait

TSC Officer XM0293