'Approval' and 'Resident Since' Dates are Different

[poongunranar]

Rejoinder to krocker

poongunranar,
u've been a great support in true spirit of a forum participant. Thank you for actively solving the riddle. now, i keep seeing in other forums that Chennai doesnt require an I-824. All they need is a letter to the consulate w/ a requisite list of docs, requesting to open a file and assign a case number for my wife and initate the packet 3 & packet 4 processes.
A good 8 months have passed since i've been a permanent resident, if we go by 6/30/05 date. let us not even dwell on the fact that Chennai issued my wife a H4 in October as they, probably, were in the same dark room with me.
somewhere somebody mentioned that there is only a 1yr grace period to apply for FTJs after the LPR is granted. That would put me 3/4ths closer to the 1 yr limit. Having mentioned that, here are my questions that became logical extensions to the issue at hand.

Thanks. A couple of clarifications is needed before going to your posers.

1. While Madras Consulate doesn't need an I-825 approval to initiate a FTJ case, it definitely needs at least the Receipt Notice of I-824.
2. There isn't anything in the Immigration Law (INA) or in jurisprudence that would have this fancy number of 1 year maximum to get FTJ benefits. The person who would have made such a surmise may have done it as an obiter. I certainly do not have anything in INA or jurisprudence (as far as I know) to vouchsafe for such a supposition. So, eliminate this presumption to tackle your case. Also, ask the person who made this claim to corroborate his premise.

Now, moving on to your posers.

1. Since, my PD, 4/30/01, is not current, would the consulate have an issue with processing my wife's FTJ even the interview date is beyod the 1yr limit.

The '1-year limit' issue is moot because of my clarification # 2. They will not go with the normal processing until your PD is current. INA only stipulates clearly what FTJ is and it never gives any artificial date within which this benefit needs to be obtained.

2. Does the PD beed to be current for the consulate to create her file and have the packet 3 reviewed? i'm hoping to gain some time, since Chennai consulate doesnt require I-824 anyways.

I think so. They usually do not initiate cases (that might have changed now) unless the priority date is current. They can always get the background information processed and schedule the interview only if the PD is current. But, I don't think they do that. Rather, they touch the files only if the PD is current. I will stand corrected, if things are different now at Madras.

3. If my PD becomes current on 05/01/06. Just assume. How long would it take for the interview to be scheduled?

Madras Consulate indicates that the entire process will take between 4-5 months.

 

[krocker]

Read this and share your opinions. pls.
http://murthy.com/bulletin.html
4. When is an Approved I-485 Not a Good Thing?

online USCIS shows that my I-485 is approved on 03/06/2006.
Plastic Card shows 'CARD EXPIRES' 03/06/16 & 'Resident Since' 06/30/05

which date is my actual GC date?
the reason i ask is cuz, my PD is 04/30/01 which is still retrogressed and some people think that the approval is in error and needs to be cancelled.
Pls. share your thoughts.

 

[mjraj123]

I-485 Approval Not Always an Error

Please read this also from murthy bulletin. It can be either way.

We have seen another case at the Murthy Law Firm involving an I-485 approval after the priority date was no longer current. We were not certain whether that case was approved in error, or was just a delay in notifying the parties of the I-485 approval. In that situation, we were able to confirm with the USCIS that the actual approval had occurred several months earlier, when the priority date was still current, so that this I-485 approval was not erroneous, after all. For some reason, in this instance, it had taken the SC approximately four months to issue the approval notice.

In the more recent case, however, we knew that this could not be the explanation because the applicant had responded to a Request for Evidence (RFE) after the priority date was no longer current. It was impossible, therefore, that the case could really have been approved at a time when the priority date was current. We believe it is best to clarify and resolve such matters in the long term interest of the client/s.

 

[krocker]

mjraj123,
What process did u follow to validate/verify with USCIS that its was indeed a bonafide approval??
do u have to hire an attorney to follow the process?
how long did it take u from start to finish?
Thanks

Please read this also from murthy bulletin. It can be either way.

We have seen another case at the Murthy Law Firm involving an I-485 approval after the priority date was no longer current. We were not certain whether that case was approved in error, or was just a delay in notifying the parties of the I-485 approval. In that situation, we were able to confirm with the USCIS that the actual approval had occurred several months earlier, when the priority date was still current, so that this I-485 approval was not erroneous, after all. For some reason, in this instance, it had taken the SC approximately four months to issue the approval notice.

In the more recent case, however, we knew that this could not be the explanation because the applicant had responded to a Request for Evidence (RFE) after the priority date was no longer current. It was impossible, therefore, that the case could really have been approved at a time when the priority date was current. We believe it is best to clarify and resolve such matters in the long term interest of the client/s.

 

[poongunranar]

Krocker

mjraj123,
What process did u follow to validate/verify with USCIS that its was indeed a bonafide approval??
do u have to hire an attorney to follow the process?
how long did it take u from start to finish?
Thanks

Only a review by USCIS would show to them and to the whole world if your approval was bonafide.

If you are too keen to see if other agencies are able to see your LPR status without any problems, you can do that pretty easily. Pursuant to your LPR status, you must change your Social Security Card to remove "valid for work with INS authorization only." In order to do that you need to apply for a SSN card without that verbiage by visiting your local SSN office. There, they will do the necessary checks and will let you know when you will get the new card by mail. If they have problems in verifying your LPR status they will let you know in about 30 days. If they don't then it means they are able to verify your LPR bonafide status. However, nobody can say whether the approval was bonafide per se. That is something only USCIS can do by reviewing or auditing its earlier decision to award a beneficiary the LPR status.

 

[mjraj123]

Krocker,
I just pasted what is there from www.murthy.com.

If your case is approved before retrogression. In that case there wont be any issue.

I am just a lay person.

 

[gcaaa111]

Dont think too much

krocker,

Dont think too much...... enjoy your freedom. Approval notice is not the one, Card is the one important.
This is time to enjoy, not to worry.

 

[hz1997]

Same here. glad to know I am not the only one.
EB-2, PD 06/2002. got approved on 03/06/2006.
on the plastic care, card expired 03/06/2016, resident since 07/12/2005 which is also my I-140 approved day.
called uscis. waitted and waitted, talked to three immigration officers, the first one transftered me to the second one who said it should be the same date, then transfered me to the thired one who told me to fill a formal verification request.

 

[krocker]

hz1997,
Pls. share your findings, between all of us we might be able to solve this puzzle, conclusively.
Thanks

Same here. glad to know I am not the only one.
EB-2, PD 06/2002. got approved on 03/06/2006.
on the plastic care, card expired 03/06/2016, resident since 07/12/2005 which is also my I-140 approved day.
called uscis. waitted and waitted, talked to three immigration officers, the first one transftered me to the second one who said it should be the same date, then transfered me to the thired one who told me to fill a formal verification request.

 

[hz1997]

this is what I got from my lawyer yesterday, "Generally the residence date is the date the adjustment was approved. However, it isn't something that you should make a big deal out of. For one thing, it should speed up the process of becoming a US citizen if that is what you wants to do since you must be a permanent resident for 5 years before you can apply for citizenship. " He won't fill the request for me.
talked to several friends all them thought is not a big deal.
maybe you could try local SSN office.

If you are too keen to see if other agencies are able to see your LPR status without any problems, you can do that pretty easily. In order to do that you need to apply for a SSN card without that verbiage by visiting your local SSN office. There, they will do the necessary checks and will let you know when you will get the new card by mail. If they have problems in verifying your LPR status they will let you know in about 30 days. If they don't then it means they are able to verify your LPR bonafide status. However, nobody can say whether the approval was bonafide per se. That is something only USCIS can do by reviewing or auditing its earlier decision to award a beneficiary the LPR status.

Wiife didn't have SSN for a long time, so after she got the EAD card which began in july, she went to the local SSN office in june. They checked their system, couldn't find her, they told her come back after two weeks. she did that and got the card.