Folks,
My case was approved on 01/13/2006. For those of you who are interested, here are my details:
I'm not from a retrogressed country. I live in CA but my case was filed in VT because my employer is headquartered in MA.
PD = 12/19/2000 (subst.)
I140 RD = 10/01/2002
I140 AD = 08/13/2003
I140 AD = 12/21/2005
(USCIS re-approved I140 after correcting my PD on it. On the first approval they had put my PD as 12/19/2001).
FP1 01/20/2003
FP2 06/22/2004
FP3 01/06/2006
I485 RD = 11/15/2002
I485 ND = 12/05/2002
I485 AD = 01/13/2006
Received approval email on 01/13/2006.
Received approval and biometrics appt. notice on 01/21/2006.
9th year H1 extension RD on 12/18/2006.
FBI Name check email sent in Oct. 2004. I received response from Mr. Hardy in Mar. ‘05 stating that my name check had been pending since Mar. 2003.
FBI FOIPA request sent in Mar. 2005 and received response around Mar. or Apr. 2005.
4 EADs and APs
I tell you, unless one goes through this process, one doesn't realize how tortorous it can be.
I’ve been coming to this site since 2003. I used to visit frequently to see what’s going on. At some point in Mar. 2004 I became a registered user. Around that time I also started visiting this forum daily; often multiple times a day.
Every day I would type a bunch of congratulations to people who posted their approvals here. It was really hard to see approvals for people who had applied way after me. I was happy for them, but I always wondered when my time would come.
At the time I was working for a client where I was extremely unhappy. I was thinking of making my move after getting approved. As unhappy as I was in the client environment, I also knew I could be on that assignment for years and not face unemployment prospects while still going through my I485 process. I was planning on asking my employer to give me to a different assignment or else look for another job once I got my approval. By the end of 2004 the wait had become too painful and I got sick of holding my breath. So I decided to try and put this out of my mind and move on with my life. I didn't frequent this site as much after that. (I felt I'd learnt a lot from this site and I owed posting my approval here. Hence, this long posting.)
There were a few screw-ups and set back in my case: My attorney should have filed me in EB2 but filed in EB3 instead. (I didn’t figure this out until Aug. ‘05. My attorney’s paralegal had convinced me to go with EB3 and I figured she should know what she’s talking about.) Filing in EB3 lowered my adjudication precedence. Also, my I485 was initially received by USCIS on 10/15/2002 but they returned the application to me because my attorney's paralegal had forgotten to enclose the check for processing fee along with my application. At the time it seemed like I lost a month because my adjudication would be delayed by month. Later on things changed so much that it didn't matter.
Towards the end of 2004, Rajiv filed the class action lawsuit against USCIS. I learnt about it after the initial set of names had already been sent with the petition. I really hoped a positive outcome of that case would change things for most of us but unfortunately the judge ruled against us. After that, occasionally I started hearing about people individually filing writs of Mandamus. I often thought about it but feared the repercussions of filing such a writ against a government agency. By the time, I’d already invested over 7 years of my professional life in this country. It was hard to let go of all that time and effort. So I decided to wait and hope for the best. It didn’t happen. Perhaps, I was too naïve.
In May ’05 I asked my employer to reassign me on the grounds that the conditions in my assignment were fast becoming an HR situation. I 485 approved or not, I couldn't take it any longer. In July I was pulled out of that assignment and reassigned to another project in Aug (no bench time).
I had started putting pressure on my attorney through my employer’s immigration dept. I was thinking since they paid the attorney’s fees, they stood a better chance of being heeded. The attorney tried to get things moving through the AILA liaison. Unfortunately, the first time my attorney contacted the AILA liaison, it was around the middle of Jun. ‘05 and within two weeks USCIS was out of VISA numbers and dates retrogressed for everyone. So I had to wait until Oct. My attorney advised me to wait for a few weeks in Oct. to see if anything happens. Nada. Nothing. Zilch. Towards the end of Oct. ’05, under pressure from me, my attorney contacted the AILA liaison again. The AILA liaison got back to us in a few weeks saying that my name was still stuck in FBI name check and that nothing could be done.
I was sick of being in a limbo. I had started feeling like a prisoner. Things got to the point where I didn't care anymore about repercussions. One way or another, I just wanted to move on with my life. I had already been talking to attorney about the possibilities of filing Mandamus since Aug. ‘05. After a negative response from AILA liaison, my attorney was also convinced that it was our only option to get things moving along.
In Dec. 2005 my attorney sent USCIS a notice of intent for filing Mandamus. After which they fixed my I140, sent me another FP notice (though I thought they'd changed their system so finger prints didn't expire any longer and that my FP2 from Jun. 2004 should still have been valid). Within a week of my FP3 they approved my case. I believe USCIS still wouldn't have approved my case had it not been for the notice of intent to file a writ of Mandamus. I'm glad things worked out without actually having to go to court.
Over the last year or so I'd started thinking they probably would never approve my case and I'd started thinking about alternate immigration plans to other countries. I also thought, even if I do get approved, given everything that I’ve gone through, it probably wouldn’t make me too happy. Well, to my surprise, I was wrong on that one. It still made me happy and the relief is immeasurable.
Good luck to all of those who are still waiting. My sincerest support goes to all of you. Hang in there and do not give in and do not give up.
My case was approved on 01/13/2006. For those of you who are interested, here are my details:
I'm not from a retrogressed country. I live in CA but my case was filed in VT because my employer is headquartered in MA.
PD = 12/19/2000 (subst.)
I140 RD = 10/01/2002
I140 AD = 08/13/2003
I140 AD = 12/21/2005
(USCIS re-approved I140 after correcting my PD on it. On the first approval they had put my PD as 12/19/2001).
FP1 01/20/2003
FP2 06/22/2004
FP3 01/06/2006
I485 RD = 11/15/2002
I485 ND = 12/05/2002
I485 AD = 01/13/2006
Received approval email on 01/13/2006.
Received approval and biometrics appt. notice on 01/21/2006.
9th year H1 extension RD on 12/18/2006.
FBI Name check email sent in Oct. 2004. I received response from Mr. Hardy in Mar. ‘05 stating that my name check had been pending since Mar. 2003.
FBI FOIPA request sent in Mar. 2005 and received response around Mar. or Apr. 2005.
4 EADs and APs
I tell you, unless one goes through this process, one doesn't realize how tortorous it can be.
I’ve been coming to this site since 2003. I used to visit frequently to see what’s going on. At some point in Mar. 2004 I became a registered user. Around that time I also started visiting this forum daily; often multiple times a day.
Every day I would type a bunch of congratulations to people who posted their approvals here. It was really hard to see approvals for people who had applied way after me. I was happy for them, but I always wondered when my time would come.
At the time I was working for a client where I was extremely unhappy. I was thinking of making my move after getting approved. As unhappy as I was in the client environment, I also knew I could be on that assignment for years and not face unemployment prospects while still going through my I485 process. I was planning on asking my employer to give me to a different assignment or else look for another job once I got my approval. By the end of 2004 the wait had become too painful and I got sick of holding my breath. So I decided to try and put this out of my mind and move on with my life. I didn't frequent this site as much after that. (I felt I'd learnt a lot from this site and I owed posting my approval here. Hence, this long posting.)
There were a few screw-ups and set back in my case: My attorney should have filed me in EB2 but filed in EB3 instead. (I didn’t figure this out until Aug. ‘05. My attorney’s paralegal had convinced me to go with EB3 and I figured she should know what she’s talking about.) Filing in EB3 lowered my adjudication precedence. Also, my I485 was initially received by USCIS on 10/15/2002 but they returned the application to me because my attorney's paralegal had forgotten to enclose the check for processing fee along with my application. At the time it seemed like I lost a month because my adjudication would be delayed by month. Later on things changed so much that it didn't matter.
Towards the end of 2004, Rajiv filed the class action lawsuit against USCIS. I learnt about it after the initial set of names had already been sent with the petition. I really hoped a positive outcome of that case would change things for most of us but unfortunately the judge ruled against us. After that, occasionally I started hearing about people individually filing writs of Mandamus. I often thought about it but feared the repercussions of filing such a writ against a government agency. By the time, I’d already invested over 7 years of my professional life in this country. It was hard to let go of all that time and effort. So I decided to wait and hope for the best. It didn’t happen. Perhaps, I was too naïve.
In May ’05 I asked my employer to reassign me on the grounds that the conditions in my assignment were fast becoming an HR situation. I 485 approved or not, I couldn't take it any longer. In July I was pulled out of that assignment and reassigned to another project in Aug (no bench time).
I had started putting pressure on my attorney through my employer’s immigration dept. I was thinking since they paid the attorney’s fees, they stood a better chance of being heeded. The attorney tried to get things moving through the AILA liaison. Unfortunately, the first time my attorney contacted the AILA liaison, it was around the middle of Jun. ‘05 and within two weeks USCIS was out of VISA numbers and dates retrogressed for everyone. So I had to wait until Oct. My attorney advised me to wait for a few weeks in Oct. to see if anything happens. Nada. Nothing. Zilch. Towards the end of Oct. ’05, under pressure from me, my attorney contacted the AILA liaison again. The AILA liaison got back to us in a few weeks saying that my name was still stuck in FBI name check and that nothing could be done.
I was sick of being in a limbo. I had started feeling like a prisoner. Things got to the point where I didn't care anymore about repercussions. One way or another, I just wanted to move on with my life. I had already been talking to attorney about the possibilities of filing Mandamus since Aug. ‘05. After a negative response from AILA liaison, my attorney was also convinced that it was our only option to get things moving along.
In Dec. 2005 my attorney sent USCIS a notice of intent for filing Mandamus. After which they fixed my I140, sent me another FP notice (though I thought they'd changed their system so finger prints didn't expire any longer and that my FP2 from Jun. 2004 should still have been valid). Within a week of my FP3 they approved my case. I believe USCIS still wouldn't have approved my case had it not been for the notice of intent to file a writ of Mandamus. I'm glad things worked out without actually having to go to court.
Over the last year or so I'd started thinking they probably would never approve my case and I'd started thinking about alternate immigration plans to other countries. I also thought, even if I do get approved, given everything that I’ve gone through, it probably wouldn’t make me too happy. Well, to my surprise, I was wrong on that one. It still made me happy and the relief is immeasurable.
Good luck to all of those who are still waiting. My sincerest support goes to all of you. Hang in there and do not give in and do not give up.
Last edited by a moderator:
(For some more info. on Mandamus strategy please see me response to h1empl in the same thread).