2 Issues: I-485 stuck in Background Check + need to go on international rotation

S

silee77

Registered Users (C)
Hello all,

Here are the key facts: I-485s have been filed through my employer for myself, my wife and dependent daughter. They have been filed way back in June 2006 (well over 180 days by now). I have been calling both the lawyers and the USCIS for status updates and all I am getting from them is that the background check is still pending and every case is different. My wife and I both have EADs and all three of us also have APs that have been annually renewed.

I need to go on a 2-3 year international rotation in May2008 with the same employer so here are my questions:

1) about the pending I-485s, should we just keep waiting or should we make an infopass appointment?

2) about the rotation, can we move, work, and wait overseas while the I-485 are pending? If so, what are the risks and what documents need to be obtained and renewed while out of the US? Can these documents be renewed while overseas or do we need to physically be in the US? is there a time limit of being overseas on such rotation?

3) I was told that I would not need EAD while on rotation but would be advisable to return to the US every few months in order to minimize risking our case abandoned. Does this apply to my wife and child as well? Also, can I make these visits to the US with only the AP or do I need H-1B and/or something else?

Any help with the above will be greatly appreciated.
Thank you much!
 
silee77 said:
Hello all,

Here are the key facts: I-485s have been filed through my employer for myself, my wife and dependent daughter. They have been filed way back in June 2006 (well over 180 days by now). I have been calling both the lawyers and the USCIS for status updates and all I am getting from them is that the background check is still pending and every case is different. My wife and I both have EADs and all three of us also have APs that have been annually renewed.

I need to go on a 2-3 year international rotation in May2008 with the same employer so here are my questions:

1) about the pending I-485s, should we just keep waiting or should we make an infopass appointment? Keep waiting

2) about the rotation, can we move, work, and wait overseas while the I-485 are pending? If so, what are the risks and what documents need to be obtained and renewed while out of the US? Can these documents be renewed while overseas or do we need to physically be in the US? is there a time limit of being overseas on such rotation? You have to have advance parolee (while you are in US) which issued on yearly basis and return back before its expiration to US to renew it (while in US) and wait till you receive the new one in your hand and travel again and so on.

3) I was told that I would not need EAD while on rotation but would be advisable to return to the US every few months in order to minimize risking our case abandoned. Does this apply to my wife and child as well? Also, can I make these visits to the US with only the AP or do I need H-1B and/or something else? AP is the required piece of document to travel and come back since your GC sponsor is the one you are doing the overseas rotation with, all roles apply to the principal and the dependents

Any help with the above will be greatly appreciated.
Thank you much!
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mmed said:
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MMED,
Thank you very much for your input, I really appreciate your time. A couple of follow on questions if I may:

1) does the AP renewal require all of us (myself, wife, child) to be physically present in the US or can I take care of those by myself on their behalf? Can the renewal application be submitted and processed while we are overseas and then just be here on time to receive it?

2) is it necessary to inform USCIS of my overseas rotation assignment or can I simply provide a friend's or my US office address in order to continue with the I-485 process and receive all related correspondence?

By the way, I just set up an infopass appointment this morning to inquire why our I-485 is taking so long. Would you advise against it? why?

Thank you in advance for your help.
Happy New Year!
 
silee77 said:
MMED,
Thank you very much for your input, I really appreciate your time. A couple of follow on questions if I may:

1) does the AP renewal require all of us (myself, wife, child) to be physically present in the US or can I take care of those by myself on their behalf? Can the renewal application be submitted and processed while we are overseas and then just be here on time to receive it? every person; dependent or principal should be physically here when applying for AP and should have AP in hand before travel again even if he has valid AP overseas.

2) is it necessary to inform USCIS of my overseas rotation assignment or can I simply provide a friend's or my US office address in order to continue with the I-485 process and receive all related correspondence? It is not allowed to provide USCIS with PO box number, should be physical address. Freind address may be a resonable option and you should not inform the uscis with your travel because you will already travel and already have valid AP at that time and you will have exit stamp in your passport from the port of exit, so do not worry about that. I heared a story that one person traveled and wrote his freind address and a police officer came to check with his friend his physical presence.

By the way, I just set up an infopass appointment this morning to inquire why our I-485 is taking so long. Would you advise against it? why? You will spend some dollars, gas, more milleage in your car and that is it no benifit or more harm than that.

Thank you in advance for your help.
Happy New Year!
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mmed said:
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MMED,
Thank you again for the information. I seem to continually come up with more questions.

1) if we all need to physically be in the US in order to both apply for annual AP renewal and to receive it, then it seems that 3-6 months out of the year should really be spent here in the US. Am I thinking this right?

2) Would you advise to switch to consular processing in connection with my rotation? and would that cause any delay or jeopardize in any way the GC process?

In addition to the infopass apointment in a couple of weeks, I also have a conference call with the lawyers next week, so I should get some much needed updates on our cases. I would really appreciate your help again later if I do have some unanswered questions.

Best regards,
 
silee77 said:
MMED,
Thank you again for the information. I seem to continually come up with more questions.

1) if we all need to physically be in the US in order to both apply for annual AP renewal and to receive it, then it seems that 3-6 months out of the year should really be spent here in the US. Am I thinking this right? Absolutely true and this is the idea behind which the I-485 being pending to test how important the applicant and how much he can offer for this country according to his GC category and if not no point to give him GC

2) Would you advise to switch to consular processing in connection with my rotation? and would that cause any delay or jeopardize in any way the GC process? CP will cancel your pending I-485 and you know that. The point is what if CP approved very fast (most probaly) (ifyou hve current PD) you have to land in US sooner than later and at that time you will jeoperdize your rotation

In addition to the infopass apointment in a couple of weeks, I also have a conference call with the lawyers next week, so I should get some much needed updates on our cases. I would really appreciate your help again later if I do have some unanswered questions.

Best regards,
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mmed,

I just had an infopass appointment today. You were absolutely correct that it was a useless thing; I wasted my time, parking fee and mileage because they did not offer any more information than what the phone representative told me.

I think someone on this forum had mentioned that this was simply how they operate: you call over the phone and they refer you to make an infopass appointment giving you a false sense that this will yield any additional value-added information, then you go waste your time there while they again repeat the same story and then blame the others for making you come there. No one is taking any accountability for their work. It's frustrating! I can only imagine if I tried to get away with something like that in my profession.

By the way, I had a talk with my lawyers and they indicated that in order to apply for AP renewal, we needed to be in the US, but we could wait outside once they were being processed and then they could be mailed to our US address or to the lawyers and they could then be sent to us overseas...it did not make a whole lot of sense to me since I doubt that USCIS would know whether we are in the US or not while the application is being sent to them (or while they are being processed for that matter)...how would they know? is this an honor system?
 
I think you're going about this all wrong. You really have two choices - either take the international rotation and abandon your I-485, or find other employment within the US. Pursuing the I-485 while remaining outside the US for several years runs the risk of either losing the I-485, or worse - having it approved and then be deemed to have abandoned permanent residency.

If you intend on taking the foreign rotation, withdraw the I-485 once you leave the US and restart the process via CP when you are about to return.
 
Case has not been assigned to an officer yet

Question for "RealCanadian" and "mmed":


I called TSC and found the following information last week:

1. Name Check was cleared in October, 2007
2. FP was cleared in August, 2007
3. I-140 was appoved and I-485 is pending since June 2007 (RD: 6/14/07)
4. Case has not been assigned to an officer yet
5. Waiting for NSEERs verification

My attorney has already sent the proof of NSEER along with my I-485 application.

So, my question is why the case is still waiting to be assigned for an I/O whereas my visa number is current (EB-2 ROW).

I know USCIS does not follow any logic, however, I would like to read your comments (or thoughts) on this matter?

Thanks.
 
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Real Canadian,

I sense that you are either trying to have applicants drop out of the GC process or perhaps just having a hard time with novices like myself trying to get some information about how to best proceed with our particular cases with what our objectives are. What is wrong with trying hard to have the cake and eat it too if it doesn't harm anyone else? Isn't that the reason for having a great forum like this?

Thank you for your "opinion" about this issue, but if you really don't have an advice that will help my case with "what I am looking for" (not what you think I should be looking for), then I think you are wasting your time and mine.

Regards,:confused:
 
TheRealCanadian said:
I think you're going about this all wrong. You really have two choices - either take the international rotation and abandon your I-485, or find other employment within the US. Pursuing the I-485 while remaining outside the US for several years runs the risk of either losing the I-485, or worse - having it approved and then be deemed to have abandoned permanent residency.

If you intend on taking the foreign rotation, withdraw the I-485 once you leave the US and restart the process via CP when you are about to return.
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You are assuming this person has an option - which may or may not be the case. As large number of people wait for visa numbers to become available, this kind of scenario may become more and more common.

To original poster: please let us know how you managed to resolve your problem.
 
silee77 said:
I sense that you are either trying to have applicants drop out of the GC process or perhaps just having a hard time with novices like myself trying to get some information about how to best proceed with our particular cases with what our objectives are.
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No. I'm asking you to clarify what your objectives are.

If you are interested in residing permanently in the United States, then you should act as such and decline the rotation. If you are not interested in residing in the US permanently, then you should defer your permanent residency pursuit until you are. You can do so.

You should not try and divine too much into my motives. I am merely trying to caution you that if you try to be too smart for your own good, your I-485 will be approved and then two years later when you attempt to return you will be sent back for abandonment and need to start over.

What is wrong with trying hard to have the cake and eat it too if it doesn't harm anyone else? Isn't that the reason for having a great forum like this?
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The purpose of this forum is not for you to "have you cake and eat it too". It is to assist legitimate immigrants who genuinely want to live here.

Thank you for your "opinion" about this issue, but if you really don't have an advice that will help my case with "what I am looking for" (not what you think I should be looking for), then I think you are wasting your time and mine.
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I think that's your problem right there, you are interested in people giving you advice that is what you want to hear, how to get a Green Card without actually wanting to live in the United States. We are not here to help with that. Sorry.
 
I agree with The Real Canadian , from all posts he makes here ( and continue to volunteer and offer help to everybody with their concerns , even if he could stop doing this once he was allready aproved long time ago = that's respect and support for all of us here ) , everything it is true and i think he has a lot of knowledge about a lot of things about immigration process !!! Everybody it is welcomed to take his advise , or not , we all have options we can follow !!! We do not have to feel offended in anyway and i think that all of us , we should make some research in all of our problems , by listening to people like him , or contact a professional lawyer if we have any doubts !!! ;)


PS : Thanks Real Canadian , Curious George , POJ ....etc. , for continuing to stay with us here !!!
 
I agree with GHEBAUER

GHEBAUER,

I agree with you. I have received good advice from RealCanadian and he has not shown his bad intention to offend anyone so far.

RealCanadian, thanks for the wonderful job that you have been doing for this forum.

Thanks.
 
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