Urgent:I485 Status

[aniatmurthy]

I enquired the status on my I485 2 weeks ago by calling to customer service. Today I received a letter from Miami office (I am in WA state) saying "Your case is actively being processed at the Trial Attorney's office" Anybody knows what does that mean or been in similar situation? What do I need to do?

[Belle]

1. Why is that urgent?

2. Why were you checking your status? Anything special about your case? If not, are you inviting your own trouble?

2. Do you really think the officer who checks your case is located close to you, and even if they do, do you really think you get a special letter than was designed for you and not a stock letter that is centrally sent by a mailhouse?

[aniatmurthy]

Thanks Belle, really appreciate your response.

1) Urgent, since as I read on internet, trial proceedings are generally meant for removal proceedings. What impact does it has on I485.

2) I was checking status to know interfiling status if applications are linked to recently approved EB2.

3) Belle, honestly I did't quite understand much on your point here. Did you mean errorneous letter or similar.

Nothing special seems special in my case. Just that EB3 employer went out of business after >1 year I filed my I485s (may or may not be special case).

[pontevecchio]

There are times when money needs to be saved. This is not one of them. Get your Lawyer involved. How are you concerned with any trial?

[Belle]

I could not tell if the letter was erroneous because there was not enough information. It may be. It is very unlikely that the USCIS would put you in removal procedings while I-485 is pending (and not denied) and without notifying you of of removal procedings. If you want to get an answer quick, just take an InfoPass. Calling the USCIS only makes sense when you want them to take a very specific action."I read on the internet" is generally not a good reason to worry.

[aniatmurthy]

pontevecchio - Agree and have already started communicating to the attorney. They will investigate further as to what is going on.

Belle - Thanks, I went to Infopass and the person at the window said he was not able to track down my applications as to where they were located at. He took copies of I485s and told I will get information in 30days.

Thanks again to you both.

[Belle]

Did they tell you if the application is denied or still pending. That is what's important.

[aniatmurthy]

I didn't specifically ask if it is pending. He just said that he can't track it down.

Would you recommend to go once again and ask specifically if is pending?

[aniatmurthy]

Hi Belle, I checked both mine/spouse I485 status online also by phone (automated). It shows they are pending, being processed at USCIS office.

[Belle]

Well, then I don't see any reason to be concerned.

[aniatmurthy]

Thanks Belle. On another note, I just received fingerprinting notice (last one was done in 2007) for later next week. Haven't received FP notice for spouse though. My I485 attorney recommended that wife should also accompany with me and try if she can give her fingerprinting too with me.

[aniatmurthy]

Some updates:

My EB2-140 was approved in May 2012 and its priority dates are current from 1st Oct. USCIS L2 customer service confirmed it is still being processed under EB3 despite sending Interfiling email/letters to USCIS. Further USCIS customer service always responded back saying applications are at Miami local office which has jurisdiction now and they can't help further. Finally few days ago, I initiated Congressional enquiry after becoming current for a while. They got the response 2 days ago that I485 application are with ICE-Chief Counsel Miami. Online/Phone status of I485 status still shows pending. Both of our EAD/AP renewals were approved just 4 weeks ago.

I'll get in touch with my attorney representation (non-local) but wondering if Belle/Murthy attorneys would recommend anything specific on this update. Do you also recommend start discussing other immigration attorneys as well?

Appreciate your advice, thanks very much.