Application Status

[aGCHopefull]

Hello all, (especially interfilers)

I am June 2010 EB2, and haven't received RFE for medicals and I am planning to interfile my medicals. The Emma live agent told me the case is transferred to a local F0 on June 19.

Is it better to send the 1-693 sealed envelope to the field office OR should I send it to the MSC ? Any ideas ?

Shaks

If the file is at FO then it would be better to send I693 to FO. (Check with Emma to confirm file is still at FO and has not been sent back to NBC.)

[JoinedToAsk]

I do not have an answer. We received RFE for the derivation application from the FO , we sent the interfile request to the same address as the RFE response.
I have been told that EMMA - live agent can track and let you know where the application currently resides physically but its a hit or miss. You can try that.

I asked similar question to Emma, and they have no clue. My lawyer is saying (through official channel) that they won't be responsible if anything happens to the application because of interfiling.

[namits]

Hello all. Quick question regarding my situation:

I recently moved to a different geographic location, but am still with the same company doing the same job role. My company has filed for an H-1B amendment based on a geographic change. They had filed for my I-485 back in October 2020 for a position at my original location - but it was without medicals. I don't envision going back to the old job location.

My question is - Do I need to file an I-485J because of the location change? And can I do that with my and my dependents medicals? Or do I need to wait for an RFE before doing anything?

Any help would be much appreciated.

[shaisri]

Jan 2010 pd here - we responded to our medicals and i485j rfe last week and today we got update ?new card is produced ? we were expecting a approval notice! Hope this means our green card is approved !!!

[omas2010]

Hi,
My PD is 01/20/2010. I file for AOS/AP/EAD first time on 10/30/2020 as i missed the boat in 2012. I did my finger printing 4/14/21. Got the I485-J notice 06/20/21. And got by AP and EAD approval notice last week only and didn't receive the cards yet. When i tried EMMA live agent to get status of I485, she mentioned it is still within processing times and there is not anything i can do right now. Is that correct as i see others in this forum with PD in late 2010 mentioning they were able to log an SR. May be I am ignorant, can you please guide me if there is any way to get a status and kind of nudge the slacker that is sitting with my I485. Please help. Thank you!!

[asiingh]

On the EAD front they have approved mine and my spouses, while my sons petition was NOT ACTED upon. I opened a service request for that also as it exceeds the normal processing time.

USCIS process time for GC has dramatically increased according to greencardly. So you got to stay patient

On the EAD front - Our EADs were approved 2 weeks ago and my PD (28 Feb' 2014) is not current yet in a straight EB3 case. Like you, my kid's case was NOT ACTED upon. Can you expand on what should be next steps for the kid's case ? Originally AOS was filed on 30th Oct' 2020.
Still not sure, when my PD is going to be current.

[inspired_p]

How are they responsible if anything happens to it without interfiling ?
My lawyers have made one mistake after another filing the forms that we had to proof read and correct ; made mistake while filing ( 131 of the derivative was not accepted due to missing page ) .
At all times, we are responsible for the application anyways.

I asked similar question to Emma, and they have no clue. My lawyer is saying (through official channel) that they won't be responsible if anything happens to the application because of interfiling.

[mr00us]

I have PD of August, 2011. Like many others I also downgraded (new application) to EB-3 in October of 2020, I-140 + I-485 + Medicals. My EB-3 I-140 is still in 'Received' status and I got EAD/AP card in May 2021.

In September 2021 visa bulletin my EB-2 date got current. I was wondering if someone else is in similar situation. Do I need something like a transfer of underlying basis to let USCIS know to now connect my 485 to EB2 140(approved) instead of EB3 140 (pending) or USCIS will automatically work on I-485 now that my EB-2 is current? My lawyer says do nothing but let's say, I am not very confident on my lawyer. I had to go with them because of my institution.

My apologies if this needs to be posted somewhere else, but any insight will be helpful. Thanks.

Avi

[bikenlalan]

You would be better off staying put for now and let CIS approve your card in whichever category they do. Moving between categories again and again will only add to the delay of processing your case.

[monsieur]

USCIS and "process in order" should never go together in the same sentence. If there is one word that characterizes this organization it is "Arbitrariness". This is an organizations that approves a 2012 priority dated EB2-EB3 downgrade application filed late in November 2020 directly without EAD(actual case I personally know) while ignoring hundreds of 2009 priority dated applicants from 2012. They are under no legal obligation to process EAD before I-485.

You are going in different direction or taking my response in different context.

All I am saying is - If form/application is filed with USCIS then they will process it. Whether it takes 6 months or 6 yrs thats different story. Its like in check-out aisle. Some aisle has fast turnout, some aisle have slow just coz folks in front of you has lots of stuff in their cart and/or coupon they are using requires special steps which slows down whole process.

All I meant was If you don't file for EAD, they will not give you one. If you file for one then you will receive it. Happened to one of my friend back in 2014 - PhD guy applied for GC. Got his GC first than a week later he got his EAD. He has story to share for rest of his life

[omas2010]

Jan 2010 pd here - we responded to our medicals and i485j rfe last week and today we got update ?new card is produced ? we were expecting a approval notice! Hope this means our green card is approved !!!

Hi Shaisri,
Mine is also Jan 2010. Still waiting on RFE for Medicals. Can you please provide more details on when you received medical RFE and also were you able to use Emma to move I485. Further which service center was you case. Mine is MSC. Please advise.

[ajay.pdrl]

I am trying to get some help before dates retrogress and Apologies for posting this message here

I have switched employers in 2018 and the new employer?s attorney forgot to request port the priority date. However, a request was made during October 2020 485 filings, and I was issued 485 receipts correct priority date i.e., June 2010. However, Office put my case in the retrogressed state due to visa number availability He might have looked at the current I-140 that has April 2018 priority date. What?s the process to correct the Priority date and get my case moving? Any feedback/guidance is appreciated. Thank you

[ajay1234]

Apologies for posting this message here, I am trying to get help with my situation before dates really gets retrogressed


I have switched employers before filing 485, and the new employer?s attorney
forgot to request port the priority date. However,
a request was made during October 2020 485 filings,
and I was issued 485 receipts correct priority date i.e., June 2010.
However, Office put my case in the retrogressed state due to visa number availability
He might have looked at the current I-140 that has April 2018 priority date.
What?s the process to correct the Priority date and get my case moving?
Any feedback/guidance is appreciated. Thank you

[Turbulent_Dragonfly]

Apologies for posting this message here, I am trying to get help with my situation before dates really gets retrogressed


I have switched employers before filing 485, and the new employer?s attorney
forgot to request port the priority date. However,
a request was made during October 2020 485 filings,
and I was issued 485 receipts correct priority date i.e., June 2010.
However, Office put my case in the retrogressed state due to visa number availability
He might have looked at the current I-140 that has April 2018 priority date.
What?s the process to correct the Priority date and get my case moving?
Any feedback/guidance is appreciated. Thank you

Is the attorney who filed it aware of this? They should be able to reach out to USCIS to get it fixed. You can also check with Emma to see if they can help.

[ajay1234]

Thanks for your response, so you do think I should work with Attorney. I have educated my attorney about it this morning.
Actually, I got this update when I talk to Emma Agent, but the attorney wanted something in writing from USICS to respond. So I have again called USICS this morning and requested an email or paper notice stating the current case status.

Thank you

[Turbulent_Dragonfly]

Thanks for your response, so you do think I should work with Attorney. I have educated my attorney about it this morning.
Actually, I got this update when I talk to Emma Agent, but the attorney wanted something in writing from USICS to respond. So I have again called USICS this morning and requested an email or paper notice stating the current case status.

Thank you

That is just asinine that the attorney won't take your word for that and wants an official communication from USCIS! Yeah your attorney should be taking this fight to USCIS since it's their fault you are in this situation in the first place.

[ajay1234]

That is just asinine that the attorney won't take your word for that and wants an official communication from USCIS! Yeah your attorney should be taking this fight to USCIS since it's their fault you are in this situation in the first place.

I have received a PDF copy of the response from USCIS.

Insane, why would they not look at the complete case history before they put the application pending. It?s frustrating to be in this situation for a decade, and on top of USCIS does not even bother to perform basic checks.

[Turbulent_Dragonfly]

I have received a PDF copy of the response from USCIS.

Insane, why would they not look at the complete case history before they put the application pending. It?s frustrating to be in this situation for a decade, and on top of USCIS does not even bother to perform basic checks.

Not trying to make you feel better, but wrong PD is one of the most common mistakes USCIS does but usually at I-485 adjudication time, they are responsive and will fix it.

[tatikonda]

Hi Q, Spec and Other Gurus.

Pardon my ignorance... Please see if you can clarify these questions for me. this may help other members too.

What does documentary qualified means ? Is it same as pre-adjudicate ?
If a person receives EAD/AP does it mean that he/she is pre-adjudicated ?
Biometrics/Background check are performed before getting EAD/AP ? or Is it more relevant for I-485 application.
Please advice.

Thanks
Tatikonda.

[EB22010Dec]

Any updates from folks who have applied for 485 this year in the last few months.
I am asking because my perm is just about certified after a job change and wondering how long will it take for EAD/GC Approval.

My PD is Dec 2010 as my Handle.

Thank you monsieur, anyone, else?

[qesehmk]

Tatikonda - I will try to answer what I can. But things may have changed significantly since I was in the queue 10 years back!! My answers in blue inline.

Hi Q, Spec and Other Gurus.

Pardon my ignorance... Please see if you can clarify these questions for me. this may help other members too.

What does documentary qualified means ? Is it same as pre-adjudicate ?
- I believe DQ means all documents are in order without any issue. Pre-Adj is the actual step when an officer certifies that the case processing is complete and case is ready to be assigned a visa.
If a person receives EAD/AP does it mean that he/she is pre-adjudicated ?
- Not at all. There is no correlation.
Biometrics/Background check are performed before getting EAD/AP ? or Is it more relevant for I-485 application.
- EAD/AP processing happens independent of 485 processing. Biometrics is part of 485. So no correlation between Biometrics / Background and EAD/AP.
Please advice.

Thanks
Tatikonda.

[mesan123]

Is the attorney who filed it aware of this? They should be able to reach out to USCIS to get it fixed. You can also check with Emma to see if they can help.

One of my friend is in somewhat similar situation. he moved to current employer in 2016 and had EB2 I-140 with ported date (2012). In October he filed for downgrading and filled 485 concurrently, his 485 had correct priority date. He had done premium and got I-140 approved that had wrong priority date( USCIS gave him the current employer perm date 2016, rather than using the priority date from EB2).

His lawyers did raise SR's twice, still no response from USCIS.... this is all insane...he is current from July but dont know what else he can do

[tatikonda]

Thank you Q for your reply.
I found this document which explains processing of I-485, this is in-line with your thoughts.

https://www.uscis.gov/sites/default/...B_Overview.pdf

Tatikonda - I will try to answer what I can. But things may have changed significantly since I was in the queue 10 years back!! My answers in blue inline.

[skpanda]

Friends,
I had applied AOS in Oct 2020 (See my signature for details). I had sent the medical form I693 already with the application. However I have received RFE today from the local office asking me to send the medical form again?

Is this normal?
Why can't they just see the form with the package? I thought it was valid for atleast 1 year?

I will of course respond to RFE but it seems its just a waste of time and delaying tactic by USCIS.

Any thoughts on this will be appreciated!

Thanks!

All,
Update:
My doctor made me do the blood tests etc again. It took a week to get the updated I693s. I have sent them to the Field office to be delivered tomorrow morning. Hope field office does not sit on it, and issues the GC ASAP.

Does anyone know how Field office handles GC cases and how quickly they process the RFE?

Thanks!

[userksp]

I have PD of August, 2011. Like many others I also downgraded (new application) to EB-3 in October of 2020, I-140 + I-485 + Medicals. My EB-3 I-140 is still in 'Received' status and I got EAD/AP card in May 2021.

In September 2021 visa bulletin my EB-2 date got current. I was wondering if someone else is in similar situation. Do I need something like a transfer of underlying basis to let USCIS know to now connect my 485 to EB2 140(approved) instead of EB3 140 (pending) or USCIS will automatically work on I-485 now that my EB-2 is current? My lawyer says do nothing but let's say, I am not very confident on my lawyer. I had to go with them because of my institution.

My apologies if this needs to be posted somewhere else, but any insight will be helpful. Thanks.

Avi

My understanding is that interfiling from EB3 to EB2 requires the underlying EB3 to be approved. Experts, correct me if I am wrong.