EB2 Priority date current - Possible RFEs

[GCKELIYE]

Hi,

Please review my case and all the replies will be greatly appreciated.

My GC was filed under EB2 and my priority date is Oct 2007 which is soon to become current.

I am on my EAD since Oct 2008 and for personal reasons have not been working for the past 2 years.

I am no longer living at the address that is on file with USCIS and do not know of anyone living at that address now. I am in a different state now.

1. Please respond how my non-working status would affect my GC.

2. Also, am planning to update the address with USCIS to a different one in the same state as my GC filing address. Is there a possibility for an interview call because of this.

3. What could be the possible queries for my situation and how should I prepare myself ?

4. I took finger prints and sent to USCIS when applying for I-485. From the posts that I read so far, is it true that the biometrics need to be taken even after the application is approved OR is it only for those who did not appear at the time of I-485 application

PS: My employer who filed my GC is in a different state than my address on I-485.

Many Thanks

[Belle]

For your I-485 to be approved correctly, you need to have at least a job offer in a similar profession that you intend to take after approval. You should also update your address if you ever want to see that green card (assuming your petition is still pending), so your choice is not between an interview and no interview, it is between getting the card or not. If you get a job offer in your profession, you should be fine. If not... well, you applied for employment based green card, guess what happens if you no longer plan to work in your profession?

[GCKELIYE]

Thanks for your prompt response Belle. I am working towards getting a job in a similar field and will soon update the address.

[GCKELIYE]

Belle and Others,

If I get any RFE on my case, would it be to sent to me or to the attorney who filed my I-485 ?

Also, will the online case status be updated that an RFE was issued ?

Thank you !

[GCKELIYE]

Belle and others,

If I get a RFE on my case, would it be sent to me directly or to the attorney who filed my I-485 ?

Also, will the case status online be updated that an RFE has been sent ?

Thank you

[Belle]

The RFE usually goes to the attorney, and the online status is usually updated.

[GCKELIYE]

Thanks Belle,

Since I am no more working with the company whose attorney filed my I-485, will he still respond to the RFEs ? OR

would I have to hire a different attorney to respond to them ?

Please let me know how my RFEs should be handled ?

Thanks!

[Belle]

Call the attorney and ask. If they would like to respond, you can negotiate the terms. If not, you may either respond yourself or hire a different attorney.

[GCKELIYE]

For your I-485 to be approved correctly, you need to have at least a job offer in a similar profession that you intend to take after approval. You should also update your address if you ever want to see that green card (assuming your petition is still pending), so your choice is not between an interview and no interview, it is between getting the card or not. If you get a job offer in your profession, you should be fine. If not... well, you applied for employment based green card, guess what happens if you no longer plan to work in your profession?

Belle,

Does it make any difference if I change the address to something in the same state that is on file on I-485 OR to any other state address?

Thanks

[Belle]

I don't think it makes a difference. If you change your address to a different metro area, the USCIS may ask you about your employment, i.e. may ask you whether you have arrangement with the old employer or have a new one. It is, however, quite rare.

[GCKELIYE]

Thanks Belle, here is another question:

Below are my details and any input is greatly appreciated.

Priority dt: 7/30/2007, EB2, Indian

I applied for I-485 in Aug 2007. After reading the posts here about online case status not updating even after RFEs being issued, I called USCIS customer service today and asked if any RFEs were sent out on my case as I heard about online case status not being updated for some cases.

He transfered me to another CSR (Level 2, I guess) saying that they will be able to answer. I asked the Level 2 lady if there is any update on my case as my PD is current. She verified some of the details and said she will go ahead and open a SR to approve my case.

I asked her if that is needed, she said 'no' but if I want she will open it asking them to adjudicate my case. I was a little surprised as I didn't know that we can just open a SR and have them approve the case. I said it's OK not to open the SR and ended the call.

Is this normal that they open SRs to approve the cases. If so, do they just approve the case without any RFEs. I heard that all 2007 I-485's are pre-adjudicated ??

Thanks!

[GCKELIYE]

Thanks Belle, here is another question.

Below are my details and any input is greatly appreciated.

Priority dt: 7/30/2007, EB2, Indian

I applied for I-485 in Aug 2007. After reading the posts here about online case status not updating even after RFEs being issued, I called USCIS customer service today and asked if any RFEs were sent out on my case as I heard about online case status not being updated for some cases.

He transfered me to another CSR (Level 2, I guess) saying that they will be able to answer. I asked the Level 2 lady if there is any update on my case as my PD is current. She verified some of the details and said she will go ahead and open a SR to approve my case.

I asked her if that is needed, she said 'no' but if I want she will open it asking them to adjudicate my case. I was a little surprised as I didn't know that we can just open a SR and have them approve the case. I said it's OK not to open the SR and ended the call.

Is this normal that they open SRs to approve the cases. If so, do they just approve the case without any RFEs. I heard that all 2007 I-485's are pre-adjudicated ??

Thanks!

[Belle]

it's not a SR to approve the case. It's a SR for the case pending too long, so the decision is made. Obviously, if your case was deniable, it would probably be denied by now. The adjudicating officer will be making a decision, and may issue an RFE.

[GCKELIYE]

Thanks Belle, as you indicated I got an RFE.

It asks me to provide a letter from my GC sponsored employer that I still reside in the same state or geographical location and indicate whether my terms and conditions of employment are still the same.

Or if I changed my employer, to provide the same letter from the new employer. As indicated before I am without a job from sometime now and have a new employer who can provide me the required letter.

Unfortunately, I had to come to India for some urgent reason and do not have AP to go back to US.

Is it OK if my new employer provides the letter to USCIS while I am in India and I can get my approved GC OR will they send me an appointment to go for biometrics before approving my GC after receiving the letter from my new employer ?

The last time I took biometrics was in late 2007.

Appreciate your input.

Thanks.

[GCKELIYE]

Also, what are my other options to get my GC approved while I am in India ?

Many Thanks

[GCKELIYE]

Belle and others, please respond as I have limited time to answer the RFE.

Appreciate your responses.

[Belle]

Your employer cannot send the response - you or your attorney will have to do it. It is fine to travel while your I-485 is pending or approved (i.e. not denied). If you get a FP appointment (which is a big if) scheduled for while you are out of the country, you should follow the instructions on the letter - call and reschedule.