Questions About I-485 Approvals

[Attorney_6]

PPP,

 

As your attorney if interfiling as been requested. Otherwise, the USCIS has no way to know that the EB2 I-140 should be connected to the pending I-485 case.

[sekharkari]

My family is India on AOS for more than year and now we received RFEs for medicals. If they can't travel to USA at this time, can they get their medicals done in India? I am the principle applicant and I am on the same job working from offshore but I am traveling back and forth. I am scheduled to travel next week to respond to my RFE and planning to do medicals in USA. But I need advise on how to handle my Wife and dauther's medicals. Do they must travel to USA or any other options. Thanks

[ppp121]

Thank you Attorney_6,

       My EB2, I-140 has the original PD, does this confirm the interfiling, do I have any other means to check on the same. My attorney said they have interfiled, and asked for an update, but no responses yet, been a week since the request.

 

Regards

 

-PPP-121

PPP,

 

As your attorney if interfiling as been requested. Otherwise, the USCIS has no way to know that the EB2 I-140 should be connected to the pending I-485 case.

[zak74]

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.

 

Hi Attorney_6,

 

My PD Nov 2008. RD: Mar 2012:

RFE Received by mail: 23-Jun-2014.

RFE Response Received by TSC: 14-Jul-2014 (attorney sent through FedEx Standard Overnight with signature delivery).

I received RFE for medicals, evl and copies of EAD/H1B since 2012.

 

It's been 4 weeks since my RFE response was delivered to TSC. But my online status has not even changed to RFE Response Review. Also, my PD is current from August 1. In the mean time, TSC approvals are very slow and seems to be no pattern. However, NSC is approving fast and even Dec 2008 PDs got approval in the last 2 days.

 

Should I follow-up with an SR, Infopass or Congressman inquiry? I'm worried that visa numbers will run out if I just sit and wait. If I wait till the 60 day mark, I'm afraid it might be too late in terms visa numbers and possibility of retrogression.

 

Does NSC and TSC have quotas allocated for visa numbers or is it a general pool? The pace at which TSC is approving, NSC might use up most of the visa numbers.

[Attorney_6]

Zee,

The online status information is not always updated/accurate. We are receiving approvals from both service centers---visa numbers are not allocated by service center. They are issued by the Department of State based upon the pending requests from the USCIS.

 

If the PD just became current on August 1st, it has really only been a few days during which the USCIS could issue an approval. It takes a few days for the approval notices to arrive by regular mail--and, again, the online system is far from 100% reliable. The approval notices we received yesterday (August 4th) were issued July 29-30th.

 

I would wait a few more days to see if anything changes.

[zak74]

Zee,

The online status information is not always updated/accurate. We are receiving approvals from both service centers---visa numbers are not allocated by service center. They are issued by the Department of State based upon the pending requests from the USCIS.

 

If the PD just became current on August 1st, it has really only been a few days during which the USCIS could issue an approval. It takes a few days for the approval notices to arrive by regular mail--and, again, the online system is far from 100% reliable. The approval notices we received yesterday (August 4th) were issued July 29-30th.

 

I would wait a few more days to see if anything changes.

 

Thank your for your helpful reply as always. I appreciate it.

[zak74]

Hello Attorney_6,

 

How long after I-485 approval is it safe to change the employer? Any impact on citizenship application?

[zak74]

Zee,

The online status information is not always updated/accurate. We are receiving approvals from both service centers---visa numbers are not allocated by service center. They are issued by the Department of State based upon the pending requests from the USCIS.

 

If the PD just became current on August 1st, it has really only been a few days during which the USCIS could issue an approval. It takes a few days for the approval notices to arrive by regular mail--and, again, the online system is far from 100% reliable. The approval notices we received yesterday (August 4th) were issued July 29-30th.

 

I would wait a few more days to see if anything changes.

 

Attorney_6,

 

I understand the status message is not always accurate. But for many others it changed to RFERR.

So I called USCIS Customer Service 2 days ago just to check why my status has not been updated and if my RFE reply was received. The Customer Service representative looking at my case decided to raise an SR since it is beyond normal processing time. Again, I guess another 30 days waiting to hear about SR. I didn't ask for it. I guess another time buying strategy. NSC is approving late 2008 and Jan 2008 cases everyday while TSC is far behind.

[Attorney_6]

Keep in mind that cases are not resorted by priority date. If the date is current, it is current--whether 2008 or 2005. If they are all preadjudicated or responded to the standard RFE at the same time, they are all treated the same.

 

Hopefully, the RFE response was properly tracked to the file and this will sort itself out before the 30 days for a SR.

 

We are definitely getting approvals from TSC for I-485 cases---we received a number of them today.

[zak74]

Hello Attorney_6,

 

How long after I-485 approval is it safe to change the employer? Any impact on citizenship application?

 

Just a reminder about this question. 

[Attorney_23]

Hello Attorney_6,

 

How long after I-485 approval is it safe to change the employer? Any impact on citizenship application?

 

There is no specific period of time after the approval where it is "safe". The issue is what was the person's intent up through the approval of the I-485. To determine intent, the USCIS can look at how long the individual remained with the employer following the approval.

[zak74]

There is no specific period of time after the approval where it is "safe". The issue is what was the person's intent up through the approval of the I-485. To determine intent, the USCIS can look at how long the individual remained with the employer following the approval.

 

Thank you. In the case of backlogged categories like mine (EB2I), we work so long with them on H1B waiting for GC, that we spend a significant part of our career (7 years in my case) with them that at the end we even have to skip promotional opportunities. It's like we have worked for them as permanent employee long enough while waiting for GC (whereas the purpose of GC is to enable us to work for them full time permanently). And in careers like IT, where technology changes rapidly, there is not much growth if we stay with the same company for 30 years etc. We outgrow the position for which we are sponsored originally at some point of time. So can we show that I worked for them 7 years as justification and due to career growth I had to change?

[xin_2008]

Hello Sir

I filed my EB2-I AOS for me and my wife on Nov 22 2013. PD is Nov 2007. Got EAD/AP in Dec 2013.

My dates became current on July 1st 2014. My online case status is still showing as Acceptance till today.

I opened a SR on July 9th. Got an email from USCIS that my case has been assigned to an office on July 23rd.

 

It has been more than 2 weeks since I got that email still no approval. What is your suggestion. Should I wait or call USCIS again. The worry thing is LUD is still showing Nov 22 2013 and status is still in Acceptance

[Attorney_23]

Thank you. In the case of backlogged categories like mine (EB2I), we work so long with them on H1B waiting for GC, that we spend a significant part of our career (7 years in my case) with them that at the end we even have to skip promotional opportunities. It's like we have worked for them as permanent employee long enough while waiting for GC (whereas the purpose of GC is to enable us to work for them full time permanently). And in careers like IT, where technology changes rapidly, there is not much growth if we stay with the same company for 30 years etc. We outgrow the position for which we are sponsored originally at some point of time. So can we show that I worked for them 7 years as justification and due to career growth I had to change?

 

No, that would not generally be a valid reason. The individual must have the intention of accepting this permanent position through the point that the GC is issued.