Baltimore transfer at 8/6 (RD 1/16/2002)

3 years after interview!!!!! NO GC !!!!

Hello everybody,
Please, if someone went through this nightmare, share your experience.
History:
1) February 2002- I-140 petition approval (U.S. Department of Justice)
2) May 2002 - i-485 petition went to Vermont.
3) October 2002- Letter from Vermont- "...preliminary processing completed..., your
I-485 case transferred to Local USCIS office for interview.."
4) February 2003- fingerprinting
5) March 6, 2003- interview successfully passed.
...........................................................................
6) April, July, August, October 2003- background check
7) February, March, July, September, December 2004- background check
8) October-2005-I sent certify letter to FBI- no answers
9) May 2006- I sent certify letter to local, Baltimore USCIS office- no answers

Today is July 10, 2006- I'm looking for HELP, attorney and some experience sharing from you (?)
 
Dmitri,
Contact your local senator and congressman, attach docs showing that NC is pending since..., I-485 receipt showing I-485 filed on..., processing dates currently are... so your case is XX years behind..., also attach docs showing INS response that NC is pending (Balt office used to give me such letters when I asked about status of my case).
Then maybe congressnam/senator will contact local Balt office and FBI, this may help.
If not - file 'mandamus' lawsuit, you then should be approved in approximately 2 months.
 
Thank you Compass,

.... Already Contacted my 2 local senators and 2 congressmans.......
...'mandamus' lawsuit- it's all what I can do...
Do you know any good attorney who can do it?
 
Dmitri said:
Thank you Compass,

.... Already Contacted my 2 local senators and 2 congressmans.......
...'mandamus' lawsuit- it's all what I can do...
Do you know any good attorney who can do it?
Click to expand...

Dmitri,
I was going to do it myself because of $$
There is a procedure description somwhere in this forum, basically you get a package of docs from your local court and fill and mail them to various places.
I think if you do yourself it will be around $ 350 in fees, with attorney you will add few thousands. Of course, you can use one, but I do not know such attorney.
 
interview

Hi Compass,

Thanks for all the valuable suggestions, as the interview date (July 20th) is nearing kind of getting tensed.

I have arranged the paper work.

1 Employer letter and Company tax returns.
2 MY Tax returns of last 3 years and w2's with a copy.
3 All Previous H1B's (one H1B orginal is missing having a Copy of it)
4 All Previous EAD's and Advance Paroles.
5 Birth certificate with a Affidavit from parents.
6 All Educational documents.
7 Apartment leasing papers, bank statements showing me and spouse names on them.
8 Proof of marriage.
9 Experience Letters ( out of 3 employer having only one employer experience letter )


one H1B orginal is missing having a Copy of it, out of 3 employers for whom i worked, having only one employer experience letter , I don't know what officer feel about it .....this is my major concern.

Does these things give any negative impact in interview.. Please guys let me know.



compass said:
Hi vikramab,
I was approved in end of March, long time after interview, because of my pending name check (see my signature).
My priority date was ALWAYS current...
In end of Feb I got 2nd FP notice because my 1st FP expired - so sure ask about this on interview, maybe they even let you do FP same day.
Click to expand...
 
Hello vikramab,
Do not worry too much, you should be fine!
Make copies of all docs if you are not ready to give them originals. Also, if you have kids, make several copies (3) of birth certificates because they go to each file (each spouse and kid's files). If you submitted side view photographs, it is good idea to make new passport style.
I do not think they will ask for letters from previous employers, for me they asked for fresh letter from current employer (however I did not change employers while I-485 was pending).
In any case, if they will need something and you do not have it - they give you some time to submit, like 60 days, they give you special form (green) and you have to mail this form together with additional docs to them.
Please update after your interview!
Good luck!
 
MY Interview at Baltimore INS

Thanks a lot compass, your suggestion were really helpful for me today in Interview.

Today I went to Baltimore INS like 8.00 AM they called me and my wife at 10.15 and interviewed us like 45 min.

First officer asked both of us to take oath
Then she started questions like

my name,
date of birth
when did last entered to USA.
country of birth
Where do I work
What kind of job, asked me explain the kind of work i do.
Took my 2004, 2005 tax returns copies and my latest paychecks copies.
Wife's name date of birth and marriage date.

Company letter head is shown as New Jersey what are you doing here in Baltimore. I told that my wife work is here. Actually i do work here in baltimore but i didn't mentioned that. As I am working a contracting jobs thru couple of layers. I thought she may ask me to shown the letters from present client for whom i work here in baltimore.

She saw my finger prints got expired, asked us to take one more FP. she printed out a form ,,,and scheduled July 27th.

Officer told me that your file is clear you will be approved then again she asked me which country are u from. I told India then she told me for your country visa numbers are not available. so need to wait.

She even took I-94 of both of us and pinned it in the file.
I have given the latest photos.
I am concerned now, Officer took our I-94s, what should we show while going out of country. Any body can you please help in this.

This is some info regarding my interview !!!

compass said:
Hello vikramab,
Do not worry too much, you should be fine!
Make copies of all docs if you are not ready to give them originals. Also, if you have kids, make several copies (3) of birth certificates because they go to each file (each spouse and kid's files). If you submitted side view photographs, it is good idea to make new passport style.
I do not think they will ask for letters from previous employers, for me they asked for fresh letter from current employer (however I did not change employers while I-485 was pending).
In any case, if they will need something and you do not have it - they give you some time to submit, like 60 days, they give you special form (green) and you have to mail this form together with additional docs to them.
Please update after your interview!
Good luck!
Click to expand...
 
Last edited by a moderator:
Congratulations vikramab!
I think, taking away I-94 is a good sign. They probably plan to approve you soon. However I would avoid travelling before approval and getting cards or stamp in passport...
After FP, results come normally very fast, then it may take them a week or so... so you may get approval notice sometime mid august (not sure what about available visa numbers though) and then , if planning to travel, just go and get a stamp....
 
Finger Printing

Thanks compass for all your support.

As I mentioned in my earlier message today I been to Local INS to give 2nd finger printing, as my first finger prints got expired.

Came back to work and opened my email, there was a mail from Local INS that I need to send more info for my EAD renewal.

"we mailed a notice requesting additional evidence or information in this case. The notice explains in detail what additional material is needed. If you have questions about the notice, what is required, or if 30 days have passed and you have not received the notice. Please contact the service center where you submitted your application during business hours".

I don't know what they are looking for,,,,,, I will update the forum once i receive the postalmail.

How many RFEs,,, i will be receiving, looks like for every step i need to provide them more more more info.



compass said:
Hello vikramab,
Do not worry too much, you should be fine!
Make copies of all docs if you are not ready to give them originals. Also, if you have kids, make several copies (3) of birth certificates because they go to each file (each spouse and kid's files). If you submitted side view photographs, it is good idea to make new passport style.
I do not think they will ask for letters from previous employers, for me they asked for fresh letter from current employer (however I did not change employers while I-485 was pending).
In any case, if they will need something and you do not have it - they give you some time to submit, like 60 days, they give you special form (green) and you have to mail this form together with additional docs to them.
Please update after your interview!
Good luck!
Click to expand...
 
EAD query

As I mentioned in my previous message that I have received an Email from INS(RFE) on EAD application.

Saturday I have received the notice in physical mail...!!! that I need to send the proof of pending I-485 notice. I feel so disgusted about these guys, this is my 4th EAD, now they need a proof of pending I-485 notice.

In the list of documents along with EAD application there was pending I-485 notice and previou EAD copy too.
Looks like they have missed that document. Normally i keep copy of documents when I apply to INS. In that list there is a copy of pending I-485 notice.
But still they need a copy of pending I-485 notice, these guys realy disgusting..
 
vikramab said:
As I mentioned in my previous message that I have received an Email from INS(RFE) on EAD application.

Saturday I have received the notice in physical mail...!!! that I need to send the proof of pending I-485 notice. I feel so disgusted about these guys, this is my 4th EAD, now they need a proof of pending I-485 notice.

In the list of documents along with EAD application there was pending I-485 notice and previou EAD copy too.
Looks like they have missed that document. Normally i keep copy of documents when I apply to INS. In that list there is a copy of pending I-485 notice.
But still they need a copy of pending I-485 notice, these guys realy disgusting..
Click to expand...

first of all congratulations on your successful interview.Sorry about not getting the approval right away.
You mentioned you got an email from the baltimore office. I am surprised that they can communicate via email.

One question after the transfer of case to the local office an interview is imminent or can one still get an RFE from the baltimore office??
 
vikramab said:
As I mentioned in my previous message that I have received an Email from INS(RFE) on EAD application.

Saturday I have received the notice in physical mail...!!! that I need to send the proof of pending I-485 notice. I feel so disgusted about these guys, this is my 4th EAD, now they need a proof of pending I-485 notice.

In the list of documents along with EAD application there was pending I-485 notice and previou EAD copy too.
Looks like they have missed that document. Normally i keep copy of documents when I apply to INS. In that list there is a copy of pending I-485 notice.
But still they need a copy of pending I-485 notice, these guys realy disgusting..
Click to expand...

vikramab,
Do not worry, this happens all the time, just accept this and maile them the copy again.
Similar happened with my friends, they went for interview and everything went well, then they received RFE for wife - employment verification (they presented a letter on interview), and for husband - RFE for a copy of wife's pending I-485 - of course when they went for interview there was a copy... however, they just mailed the docs again.
Just keep going on!
 
EAD and Advance Parole

Thanks Compass,

I sent out the copy of I-485, and saw LUD which displayed that they have received paperwork.

Couple of more questions can gurus please help me

My inlaws are not feeling well.. my wife is going to india.. a couple of months back I have applied for her EAD extension. I was wondering if she is india and her EAD get approves does it make any difference. As she is out of country and EAD is getting approved.

I am on 7 year H1B extension (H1B is valid till 2008) as I got 3 year H1B extension because my I-140 is approved.
I don't have H1B Visa stamped..if I go to india and come back on Advance parole. Will my H1B still valid or will my status get changed to EAD I am kind of confused on this .

I am keep applying EAD's every year.. for safe side even though I am on H1B. If I am out off country and my EAD gets approved will it will be valid..

Please let me know !!!

compass said:
vikramab,
Do not worry, this happens all the time, just accept this and maile them the copy again.
Similar happened with my friends, they went for interview and everything went well, then they received RFE for wife - employment verification (they presented a letter on interview), and for husband - RFE for a copy of wife's pending I-485 - of course when they went for interview there was a copy... however, they just mailed the docs again.
Just keep going on!
Click to expand...
 
Last edited by a moderator:
Hi vikramab,
I think, approval EAD while out of US is ok, not like AP which you have to get approved while still in US.
Using AP does not invalidate your H-1.
Other problem I see: you are very close to approval, and when approved while outside USA, your AP becomes invalid. Normally people have no problem with it, just pretend they did not know that they are approved when crossing the border back to USA. Even worse, if you are approved while still in USA, but no card and no stamp yet, then leave, come back with AP... so people try not to travel when close to approval...of course you can prenend that you did not know... but if approved just before leaving, try to get a stamp in the passport before leaving USA.
 
Compass thanks for all the help...!!!

Hi as i mentioned in my previous post, I am on 8th year Extension and my H1B it is valid till 2008, I don't have h1b stamped in the passport. But due to family emergency I went to India. 2 weeks back I came back on Advance Parole, I am having a concern that is my H1B still valid or not!!

My EAD got expired last week, I have applied for EAD renewal on May 11th still i didn't got my EAD renewed. In August they have sent me a RFE I submitted the required paper work. On Aug 11 LUD message changed that they have received the additional info. I called INS they told me to wait 30 more days and given some reference number.

I went to local INS taking Infopass, the officer was good but she did had much info too. I asked for Interim EAD she told me that from Sept 1st 2006 they stopped issuing any Interim EADs. Same time she mentioned that,, as my H1B is still 2008 you are ok to work. Immeditately again she told take an advice from attorney as she is not sure.

Today I took appointment with attorney(Murthy), according to her she is telling me its a kind of gray area for safe side go and apply for Ammendment H1B(which should be a safe bet if I would have done before EAD got expired) as I am with the same employer who has applied Green card.

I am kind of really confused about all this process, even today I called USCIS they told me to wait 45 more days to get a EAD as it is still in process.

I am in still in status??????? or not.

I don't know when the hell this processes get over...!!!
 
vikramab,
Just my opinion, but this is also opinion of many on this forum (you can search): using AP does not invalidate your H-1! So you should be fine if your H-1 is valid, just wait for EAD and when it comes, have it in your pocket (then you are still on H-1) or go to your empoyer and fill I-9 form and switch to EAD - then be aware that you must renew EAD in advance...every year...
but again, I think you are close to approval!!
I had a colleague in Baltimore, he is from Bangladesh, he went there to marry (he was on H-1 and I-485 was pending), he married and applied for himself H-1 stamp and his wife H-4 stamp, he waited 2 or 3 months, no stamp, then he came back on AP in order not to loose his job, and he consulted to a lawyer on his H-1 status since he was worrying about it and also how to bring his wife. lawyer also told it is a grey area... but then he (collegue) lost his job and left to another job (I am not sure how, probably with H-1 transfer) and I learned from another colleague later that he was able to bring his wife on H-4, she finally got the stamp, and after she came he got approved his GC!
Good luck to you!
 
Have you guys had any luck with namecheck in contacting Senators/Congressman in the baltimore area....I tried but nothing seems to help

-----------
EB2/India PD: Aug 02
485 ND : Sep 05
 
Priority Dates

Hi Compass,

I totally lost faith in this GC Processing all these days, looking at yesterday's priority dates started giving.. hopes..! I was wondering can we go to Local INS to ask them the status of my case. Last year when I been for interview they told my case will be approved if priority dates hits. As my priority date is in may 2003. Can I request them for approval.

Please give some advice on this


compass said:
Hi vikramab,
I think, approval EAD while out of US is ok, not like AP which you have to get approved while still in US.
Using AP does not invalidate your H-1.
Other problem I see: you are very close to approval, and when approved while outside USA, your AP becomes invalid. Normally people have no problem with it, just pretend they did not know that they are approved when crossing the border back to USA. Even worse, if you are approved while still in USA, but no card and no stamp yet, then leave, come back with AP... so people try not to travel when close to approval...of course you can prenend that you did not know... but if approved just before leaving, try to get a stamp in the passport before leaving USA.
Click to expand...
 
vikramb: I am also in the same boat and am wondering if we should just go the local office on June 1st and ask for passport stamping. Keep me posted on what you decide.
 
I-485 case Transferred from VSC to Baltimore

Hi Folks,

I am awaiting my I-485 approval, my priority date is current (Dec 2003-EB2). Last year, I have got a notice that my case was trasferred from VSC to Baltimore as of March 2006. I spoke to National Customer Service center to check the status, they informed that my case is transferred to Baltiomre office and they donot have any further info. I went to Baltimore office by taking a infoPass appointment; They informed they donot have my case, it is still with VSC. Anyone had any similar experience, any thoughts on how to proceed next?
My finger printing was done on May 2005, I should have got a notice to get another FP done by now. I have filed two AR-11's (Change of address), nothing seem to have got updated with USCIS (One I sent through Post, 2nd I did online).

Thank you all and Good Luck!
newDay
 
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