Summer 07 Filer-EB2 No PORTING Straight forward case

[baysf]

Hello Attorneys,Lawyers and Experts,

I am a Aug 2007 I 485 Filer EB-2 India ,and i am current since November 1st 2011 ,I know my Application(Me and Spouse) are Pre-Adjudicated based on the previous update from them ,mine is a straight forward case (EB2 US Masters Degree) ,but based on the last update from them they said wait for 6 months ,I am confused ,all the checks are completed in my case As far as i know ,i received an RFE during 2009 for Birth certificates for me and my spouse and i replied to that and after that they pre adjudicated my case, .I have escalated to my attorneys in file and they said they will try to get an update.Please Advice on what should i be doing to get my case Adjudicated.

thanks in Advance.

[baysf]

Any Takers? responses appreciated

[Belle]

1. Call 1-800 number and create a service request for long processing. See what they respond.

2. If no satisfactory outcome after 90 days or so, file a case problem report with the CIS Ombudsman.

[baysf]

Thanks Belle,My attorney contacted them again and got the same update,"We need to perform additional review please contact us if you do not hear back in 6 months" also my attorney suggests that " We would not recommend trying to place additional inquiries over the next few months, given this update" is that true ? i am not sure what kind of additional review is required ? Please let me know if i still need to file a request with CIS Ombudsman after 90 days.thanks.

[Belle]

Take an InfoPass and ask.

I also think this is appropriate time to raise a case problem report. If 4.5 years was not enough for them to conduct a review, who says that 6 months will make any difference?

[baysf]

Thanks Belle,My attorney contacted them again and got the same update,"We need to perform additional review please contact us if you do not hear back in 6 months" also my attorney suggests that

We would Not recommend trying to place additional inquiries over the next few months given this update Is that true? I am not sure what kind of additional review is required? Please let me know if i still need to file a request with CIS Ombudsman after 90 days being current thanks..

[tonya]

my case is similar with a priority date of April 2007(EB3 to EB2 though) filed in Aug 07. They told me to wait for six months ( two months back). looks like some kinda of security check. My company is a start up and time may be good for the CEO to sell the company move on. Not sure of waht will happen to employees and if green does not come through in few months, do i have to start all over again ?. or once the security check is over they will process the green card without confirming the employment status.

[Belle]

That's what InfoPass is for - to ask WTF is wrong with the case.

[baysf]

hello ,

Just wondering how to get an Infopass appointment ,since the online appoitment schedule does not allow me to set up one ,since most of the options does not allow me to book one.

[baysf]

Belle/Experts/Attorneys,

Please let me know what appropriate questions should be asked during a meeting with an immigration officer in an infopass appointment thank you in advance

[Belle]

Tell them your petition has been pending for over four years, and the PD is current. It has not been approved. Is there something that is holding up the case? Namecheck? If namecheck is pending, ask if it has ever cleared before - it is possible that a second namecheck has been started because the first one expired. I-140 approval is not showing up?

Remmeber, InfoPass is for information only. The officer will not be able to help you with getting the petition moving. You will have to do it on your own.

[baysf]

Ok ,in the infopass appointment ,i just gave him the I-485 receipts and said it is pending since 2007 and he asked has it been EB-2 all through,i said yes the case was filed as EB-2 ,then he was looking through the computer and then replied back saying it is assigned to an officer "Today" and should get a decision soon,i asked how many days he said within 30 days,

Belle/others,Do you think i should hear a decision within the next few days ,Please clarify

[Belle]

I would wait for 30 days, then start a case problem report with the CIS Ombudsman. Maybe, wait for two weeks.

[tonya]

i went for infopass today. he says my case is pending with FBI since sep 2007 ( my i485 receipt date with EB3). After i ported to EB2 last sep 11, should the USCIS send a new enquiry for name check etc with FBI or not?. If they have not sent anythiing new lately FBI is going to sit on it till EB3 dates are current ?. Is there anyway to followup with FBI. ?

[baysf]

Belle/Experts, Its been 2 weeks now no response should i wait another 2 weeks or call them now to follow up,

Also BTW my ead expires in 2 months from now ,i am thinking of renewing it ,my question is if there is a gap between the current EAD and next EAD and assuming i DoNt work till i get my new EAD ,will this cause any issues if there is a GAP between EAD renewals,this is all assumptions ,i hope i get my GC before that,Please clarify thanks.

[Belle]

i went for infopass today. he says my case is pending with FBI since sep 2007 ( my i485 receipt date with EB3). After i ported to EB2 last sep 11, should the USCIS send a new enquiry for name check etc with FBI or not?. If they have not sent anythiing new lately FBI is going to sit on it till EB3 dates are current ?. Is there anyway to followup with FBI. ?

Oh, gosh... you are not in luck. The only thing that is lucky is that it has been pending for over 5 years, and this is simply an outrageous period of time, which will make your chances of Writ of Mandamus much stronger. No, they should not re-run namecheck if you interfile, which is good news, since you would be waiting even longer.

Basically, do two things right away. File a complaint with the CIS Ombudsman and your Senator for the long pending namecheck. Do it in writing. Read about Writ of Mandamus lawsuit, and start shopping for a lawyer to file one for you. It is possibly to file one yourself (or at least one person claimed here he had done it), but I am not sure you would want to do it.

[Belle]

Belle/Experts, Its been 2 weeks now no response should i wait another 2 weeks or call them now to follow up,

Also BTW my ead expires in 2 months from now ,i am thinking of renewing it ,my question is if there is a gap between the current EAD and next EAD and assuming i DoNt work till i get my new EAD ,will this cause any issues if there is a GAP between EAD renewals,this is all assumptions ,i hope i get my GC before that,Please clarify thanks.

File for the EAD extentioin.

In terms of working unauthorized, you can get away with up to 180 days of unahtorized work, and your I-485 will get approved. There is no impact on future EADs, since the only thing required for an EAD extention is to have a pending I-485 (and by "the only" I mean "absolutely certainly positively nothing else").