Questions About I-485 Approvals

[Attorney_6]

This week, the attorneys from the Murthy Law Firm will answer questions about issues concerning recent and expected I-485 approvals. These questions may involve travel, family members, employment and other I-485 related issues.

 

RULES FOR TOPIC OF THE WEEK THREADS:

1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not include information that would identify any specific company, university, or individual (including yourself).

[mjahire]

My 485 priority date is June 3 2008

I got yesterday status mail update

On June 30 2014 we mailed you notice that we certified our approval of this case and sent it to appropriate appellate body for review. They will notify directly when they make a decision.

Please help what does it mean?

[Attorney_6]

This is not a standard I-485 notification. There must be something going on, as I-485s are generally not subject to appeal. Perhaps this relates to the I-140, not the I-485.

 

We would have to look at the notice issued June 30th and get more information to help sort out this situation. That would require a case specific consultation.

[mjahire]

NSC cases are getitng approved and no approvals from TSC.

Any reason why no approvals from TSC

[viragavarapu]

I have submitted an I-130 petition for my mom for consular processing which was received by the USCIS on May 30, 2014.  Due to some circumstances, she traveled to the US on a valid B1/B2 visa and she can stay in the US till December 20, 2014.  Can I apply for Adjustment of Status in a situation like this.  I have become a US citizen about a year ago. 

[zak74]

EB2I PD: Nov 2008

RD:Mar-2012;

TSC; 
RFE Text/e-Mail RD: 23-Jun-2014 
RFE Physical Copy RD:27-Jun-2014 
Finished medical and sent all documents to attorney and they received morning of 02-Jul-2014. 
Only document pending is EVL which attorney is working with company.

 

RFE notice asked for:

 

1. Letter from employer stating my current job title/duties and future GC position job title and duties (if different from current) and salary.

 

2. H1B and EAD copies from the date my I-485 was filed and latest I-94 copy.

 

3. New I-693 by civil surgeon.

 

But in addition to the above documents, my attorney also wants to send 2 passport photos, last 2 year W-2s and last 3 pay stubs.

 

I don't know why he wants to send documents that were not asked for in the RFE notice.

[Attorney_6]

We received many RFEs asking for medicals, proof of employment authorization and employment offer verification letter, as the USCIS is issuing these routinely.

 

With very limited exception for unusual cases, our responses to these RFEs are limited to providing the requested documents. We would not provide passport photos which had not been requested.

 

The W-2s and paystubs back up the employment letter, if there is any reason that it would be questioned. But, the employment letter is normally sufficient. When providing extra documents, it is important to make sure that they are 100% helpful and do not raise any additional questions in the case.

[Attorney_6]

Viragavarapu,

 

The question that you are asking is best discussed in a consultation. There is a procedure to allow for the filing of an adjustment of status for a parent of a USC who legally entered the U.S. However, filing for an adjustment of status after a visitor's entry is not always advisable, since a visitor represents that they are simply coming to the U.S. to visit and, then, depart.

 

Whether or not there may be a justification for needing to change plans depends upon the facts of the case.

[mjahire]

This is not a standard I-485 notification. There must be something going on, as I-485s are generally not subject to appeal. Perhaps this relates to the I-140, not the I-485.

We would have to look at the notice issued June 30th and get more information to help sort out this situation. That would require a case specific consultation.

Its an RFE asking for 693, evl, and work authorisations

I did file AC21 through murthy

Do i need to file AC21 again?Rfe is also asking. Submit reason for change? Please advise

appreciate your response

[zak74]

What are the chances for Nov 2008 PDs to get GC before retrogression?

[Attorney_6]

Zee,

Since the August Visa Bulletin contains further priority date movement, the chances are good that many of the pending, pre-adjudicated,  I-485 cases will be approved. The cases which are current are not resorted by priority date. We have already gotten some I-485 approvals as of early July and expect this will continue. If everything is in order in a pending I-485 case, the approval can be issued as soon as the visa number becomes available.

[Attorney_6]

Mjahire,

 

When MLF accepts an AC21 case, we take over representation of the I-485. Thus, if a question arises in the middle of the case, the client can get advice directly from the attorney who is responsible for the case.

 

If there is a standard RFE asking for medical, employment authorization and EVL, this must be answered. It is not necessary to explain the reason for the job change. It is necessary to show that there IS a qualifying job, but it is not necessary to justify one's reasons for the job change.

[zak74]

Mjahire,

 

When MLF accepts an AC21 case, we take over representation of the I-485. Thus, if a question arises in the middle of the case, the client can get advice directly from the attorney who is responsible for the case.

 

If there is a standard RFE asking for medical, employment authorization and EVL, this must be answered. It is not necessary to explain the reason for the job change. It is necessary to show that there IS a qualifying job, but it is not necessary to justify one's reasons for the job change.

 

Thanks. My PD Nov 2008. RD Mar 2012. L2 officer said few months ago it was pre-adjudicated. Attorney responding to medical, EVL RFE this week. I hope I will get it this time. Thanks Again.

[Mr.A]

Hi,

 

My I-485 application PD is Aug, 2006, country India and it's under EB2 category - so my case is current effective July 1, 2014 . I still haven't received any RFE for Medical Examination or EVL. My lawer has already sent correspondence to USCIS that my case is current (don't know exact details). I am wondering if I should call USCIS and open a Service Request for Out Side Normal processing time?

 

Last year I had gotten a RFE for EVL and Bio-Graphic information and my case was current for 3 more months after my lawyer sent response to the RFE. But great USCIS didn't make any decision until the dates retrogressed. So I am little confused - what should I do this year - not sure if the dates will retrogress again in Oct, 2014.

 

Please advise, thanks.

 

Mr. A

[ramukar]

Hi,

My PD is 22 Jan 09. I was exhilarated when I opened August bulletin as I thought my date was current. But my joy lasted for 10 mins until I found out that the cut-off date is any date earlier than 22 Jan 09, So basically only till 21 Jan. I have been reading news alerts from some law firms that suggest there will not be any progression in the cut-ff dates for this fiscal year. It really hurts to imagine I missed the cut-off by just one freaking day.  I'm not sure on what basis they give out these news alerts. Do they have special access to state department that we don't have. Do you have any thoughts on this? Could the cut-off dates move further in September bulletin.

[Attorney_6]

Mr. A,

Since the long-pending cases can not be approved without updated medical examinations, a Service Request may be a good idea. The USCIS doesn't always ask for updated EVLs, particularly if one was submitted fairly recently. But, the changes in the medical exam requirements are uniform.

[Attorney_6]

Ramukar,

 

It is correct that the priority date must be PRIOR to the cut off date in the Visa Bulletin in order to be considered "current." So, yes, one day makes all the difference in this situation.

 

The only official information released about the cut off date movement expectations for upcoming months is in the August Visa Bulletin (on page 6, section "D" Visa Availability in the Coming Months). This does not rule out the possibility of additional advancement---it only says that it should not be assumed that the cut off date will continue to advance at the same pace in coming months.

[sonu_jain]

Hi,

 

Received RFE on i-485 :

 

1. EVL / AC21 with my current job title/duties and salary.

 

2. Reason for job change

 

3. New I-693 by civil surgeon.

 

My Question is in regards to Job Title  , below are the same or similar titles or it could raise some questions:-

 

Current Company

 

          Job Title                               : Senior Technology Architect

          SOC Code                            : 15-1799 (mention in document) but 15-1199 ( correct one as per SOC website)

          SOC Occupation title          : COMPUTER OCCUPATIONS, ALL OTHER

          Skill Level                            : ?? ( I do not know)

 

LC ( Green Card) ( Ex-employer)

• Job Title                               : Software Engineer Application IV
• SOC Code                            : 15-1031
• SOC Occupation title          : Computer Software Engineer Applications
• Skill Level                            : Level II

 

Also , if current salary is almost double as compared to LC then would it raise a doubt that both title + Salary could raise some questions.

 

Regards...

[Attorney_6]

Sonu,

The same/similar AC21 issue is governed by the job duties, not the job titles. Generally, we find that the various changes by IT professionals between slightly different positions tend to work under AC21. AC21 cases can't be denied for salary change, alone. Sometimes, there are significant differences in the salaries for positions that still work for AC21. It is not so much an issue of the percentage increase in salary, as it is a question of whether the higher salary is within market rate for a same/similar job. Over time, the salary even in the SAME job can increase quite a bit. When people get promotions and move to companies that pay better or to areas with higher costs of living, there can be big changes in rates of pay even when the job is not so vastly different.

[djoshi]

Hello,

 

My Labor is under EB3 category with PD: 7th Nov 2003. In the recent Aug Bulletin the EB3 advanced to 8th Nov 2003. I had recently received and RFE for EVL, Medical and Previous EADs which has been submitted and received/acknowledged by USCIS.

 

My case is is TSC and my question here is:

1) Can I confirm that my GC will be approved (provided RFE approved)

2) By When do you think I can hearback from USCIS

3) Do I need to follow up now and open a service request

 

Please guide on next steps I need to take.

 

Thanks,

Djoshi

[Attorney_6]

Djoshi,

It is too early for a Service Request, as the case can't be approved until the priority date is current.

 

There is no way to know with 100% certainty that the case will be approved. But, it is a good sign that the RFE was just the standard medical, EVL, EAD request. Generally, that means that the USCIS has not identified any other concerns about the case.

 

Since the RFE response has been submitted, there is nothing more to do right now. 

[naveenchenna]

Hi Officer,

My case is EB3 PD April 2004 on employment based, on June 18th, 2014 I received an email from USCIS regarding my daughter's I-485 stating that

----------------------------------------------------------------------------------------------

The last processing action taken on your case

Receipt Number: SRC0800250518

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

On June 18, 2014 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.

----------------------------------------------------------------------------------------------

But as of today we have not received any letter or card from USCIS in the postal mail, almost 30 days over.

Prior to this on March 21st, 2014 we applied for AP for my daughter and I called on June 18th, 2014 I asked for the status on AP as it was almost 90 days and they took the request for AP and on the same day I got an email for I-485 approval above email for my daughter. We left the USA and came to India on June 25th, 2014 as we were happy that I-485 is approved for my daughter and no need to have AP again and USCIS also said we need a GC only while coming to USA not while leaving USA and as long as somebody posts the card to us to India then that is fine as it was approved before we left USA

I-485 Approval Email on June 18th, 2014

Left USA on June 25th, 2014

Currently in India.

And in the mean time on July 8th, 2014 they also approved AP with validity upto July 9th, 2015.

So, question is shall we just wait till we get the GC card even after passing the 30 days after approval email or contact the USCIS?

Is this normal practice of the USCIS to approve the dependents I-485 before main applicant I-485 even though dates are not current?

Is this safe not to contact the USCIS and simply wait till they say something?

I am thinking if I contact they may revert back the approval as main applicant 485 is not approved.

Let us say if I don't contact now USCIS then if we don't get it at all then we may not be in a position to file for next AP in 2015 as one of the requirement for AP I was doing all these days is on pending 485, but now it is not pending any more as it is approved on June 18th, 2014 and not received any communication from USCIS.

What is my safe zone to play here.

Contact USCIS and explain them not received card or approval notice for my daughter?

Or just keep wait for couple more weeks and months and then contact USCIS, if so, will they question us why we did not contact them right after 30 days itself?

And we cannot take any info pass appointment as currently we are in India?

Or can we goto US consulate in India with the approval email and ask them to send the card to India address only? As any way my daughter is studying in India only?

Or contact the USCIS and tell them that not received the card as of today almost 30 days and currently in India and change the address to India to send the card.

Thank you very much,

Naveen.

[Attorney_6]

Naveen,

We are immigration attorneys, not officers or government officials.

 

Dependants should not be approved before the primary. There is not eligibility for approval of a dependant unless the primary's case is approved. Additionally, I-485s can not be approved unless the priority date is current. EB3 April 2004 is not current for Indian nationals and was not current in June or at any time in the recent past.

 

Thus, it appears that posible and even likely that the email was issued by mistake (and there is no GC approval). Otherwise, if it was approved, that appears to be a mistake. 

 

The situation is complicated further by the decision to travel in reliance on the e-mail and without an AP approval for the daughter. This needs some case-specific advice.

[djoshi]

Djoshi,

It is too early for a Service Request, as the case can't be approved until the priority date is current.

 

There is no way to know with 100% certainty that the case will be approved. But, it is a good sign that the RFE was just the standard medical, EVL, EAD request. Generally, that means that the USCIS has not identified any other concerns about the case.

 

Since the RFE response has been submitted, there is nothing more to do right now. 

Dear Officer,

 

Thanks for your reply. My priority date is current and my PD was Nov 07, 2003 and current EB3 cutoff is Nov 08, 2003. Can I expect any traction soon and how long does it take for visa number availability and approval.

 

Thanks,

Djoshi

[ppp121]

My PD is Feb 2007, was under EB3, I was approved for the I-140 under EB2 on Jul 14, but haven't heard anything from the USCIS for the I-485, (also applied for my spouse, no acknowledgement for that either), is it too early to open a service request? What are my options to ensure that I do not miss this window.

 

Regards

-PPP121