Dear Friends,
Please read this interesting experince and it might help you.
I filled an employment based 485 (EB2) in Dec 2001 at Vermont Service Center. My GC was finally approved in Dec 2009.
During these years, every query to USCIS for status would result in answers like "pending due to security check", "not enough resources to complete security check", "still working on the case"... etc. etc.
I did not changed my address and continued to work for the same employer all these years. There was no complication in the case.
I continued to receive EADs and APs every year. By mid 2005, I had gone through 3 finger printing episodes due to 18 months expiration rule. The events took a turn in 2005.
- June 2005, I received a letter that my case was transferred to the Baltimore Service Center.
- Sep 2005, Asked USCIS Ombudsman office to check the status of case.
- Nov 2005, Travelled on AP to my home country.
- Dec 2005, Re-entered US on AP
- Jan 1st, 2006, received response from USCIS Ombudsman office that my case was "Administratively Closed" in Aug 2005. It was strange as that would have prevented me from re-entering the country. I immediately went to the Baltimore Service Center and was assured that the Ombudsman office made a mistake and my case is open and is with them. I again checked through the elected officials and received similar responses that my case is open and is pending security checks.
- 2006, 2007: I continued to renew my APs and EADs.
- In Jan 2008, Texas Service Center issued an RFE on my EAD renewal application. It stated that my case was "Administratively Closed" in Aug 2005 and asked for my eligibility.
- In response, I submitted all the letters from the Baltimore Service Center, Senators, congressmen,and copies of all my EADs and APs approved during 2006, and 2007. My EAD was promptly approved. Needless to say, I again checked with the Baltimore Service Center, they reassured me that my case is open; and Texas Service Center had made a mistake.
- In Jan 2009, I received a Notice of Denial with no option to appeal on my EAD renewal application from Texas Service Center. It again stated that my case was "Administratively Closed" in Aug 2005.
- I again went to the Baltimore Service Center, this time they said "Yes, you are not eligible for EAD becuase your case was closed in 2005, it is currently in the Archives at Washington DC". Finally, Baltimore was also seeing what Texas Service Center and Ombudsman office was noticing for the past 4 years. The customer service lady refused to talk further and asked me to "Repply" for I 485.
- This seemed to be the end of the road.
- The next day, I asked for the supervisor. She took about an hour to investigate the case. She told me that my case is indeed in the DC archives but she would do every thing in her power to get it back. She said that apparently my case was in one of the 26 old "IT systems" in USCIS and was not transferred to the new system. It was Administratively closed in the old system. My EAD and AP transactions did not fit the screen...
- We contacted the Senator office illustrating the obvious mess up at the USCIS office. My EAD was immediately approved.
- At this time, I myself (Pro Se) filled Mandamus case against the USCIS officials.
- I received an interview call within days of Baltimore receiving the court notice. The interviewer told me that "you are the one who threatened us". However, he was very nice, just checked all the papers.
- I did not submitted case mail receipts in the court. The case was subsequently dismissed.
- However, my green card was approved.
In summary: If your case is pending since 2005 or earlier, check to see if it is in the "new" system. Never give up.
Thanks and good luck...
Please read this interesting experince and it might help you.
I filled an employment based 485 (EB2) in Dec 2001 at Vermont Service Center. My GC was finally approved in Dec 2009.
During these years, every query to USCIS for status would result in answers like "pending due to security check", "not enough resources to complete security check", "still working on the case"... etc. etc.
I did not changed my address and continued to work for the same employer all these years. There was no complication in the case.
I continued to receive EADs and APs every year. By mid 2005, I had gone through 3 finger printing episodes due to 18 months expiration rule. The events took a turn in 2005.
- June 2005, I received a letter that my case was transferred to the Baltimore Service Center.
- Sep 2005, Asked USCIS Ombudsman office to check the status of case.
- Nov 2005, Travelled on AP to my home country.
- Dec 2005, Re-entered US on AP
- Jan 1st, 2006, received response from USCIS Ombudsman office that my case was "Administratively Closed" in Aug 2005. It was strange as that would have prevented me from re-entering the country. I immediately went to the Baltimore Service Center and was assured that the Ombudsman office made a mistake and my case is open and is with them. I again checked through the elected officials and received similar responses that my case is open and is pending security checks.
- 2006, 2007: I continued to renew my APs and EADs.
- In Jan 2008, Texas Service Center issued an RFE on my EAD renewal application. It stated that my case was "Administratively Closed" in Aug 2005 and asked for my eligibility.
- In response, I submitted all the letters from the Baltimore Service Center, Senators, congressmen,and copies of all my EADs and APs approved during 2006, and 2007. My EAD was promptly approved. Needless to say, I again checked with the Baltimore Service Center, they reassured me that my case is open; and Texas Service Center had made a mistake.
- In Jan 2009, I received a Notice of Denial with no option to appeal on my EAD renewal application from Texas Service Center. It again stated that my case was "Administratively Closed" in Aug 2005.
- I again went to the Baltimore Service Center, this time they said "Yes, you are not eligible for EAD becuase your case was closed in 2005, it is currently in the Archives at Washington DC". Finally, Baltimore was also seeing what Texas Service Center and Ombudsman office was noticing for the past 4 years. The customer service lady refused to talk further and asked me to "Repply" for I 485.
- This seemed to be the end of the road.
- The next day, I asked for the supervisor. She took about an hour to investigate the case. She told me that my case is indeed in the DC archives but she would do every thing in her power to get it back. She said that apparently my case was in one of the 26 old "IT systems" in USCIS and was not transferred to the new system. It was Administratively closed in the old system. My EAD and AP transactions did not fit the screen...
- We contacted the Senator office illustrating the obvious mess up at the USCIS office. My EAD was immediately approved.
- At this time, I myself (Pro Se) filled Mandamus case against the USCIS officials.
- I received an interview call within days of Baltimore receiving the court notice. The interviewer told me that "you are the one who threatened us". However, he was very nice, just checked all the papers.
- I did not submitted case mail receipts in the court. The case was subsequently dismissed.
- However, my green card was approved.
In summary: If your case is pending since 2005 or earlier, check to see if it is in the "new" system. Never give up.
Thanks and good luck...