Blizzard Situation - Please Help

M

madgu-gc2005

Registered Users (C)
Hi All,

Here is my situation and I am paralyzed (not literally) after hearing about the scenario of my I-485 file. Sorry for the lengthy posting.

We filed I-140 and 485 concurrently under EB-2 NIW before retrogression hit in sep. 2005 at VSC. I am the primary and so for my spouse we filed only I-485.

-Got the approval of I-140 (EB-2NIW) on Feb. 28, 2006.

- Our I-485 files were transferred VSC--->NSC on July 13, 2006 (with a message saying that VSC transferred for the standard interview…)

- Got my EB-1a I-140 approved on Feb. 26, 2007

My spouse 485 case started getting LUDs for about 4 days (see below my signature) BUT nothing was happening to my case

On March 13, 2007 my spouse 485 got transferred NSC-->VSC BUT not mine

I sent an interlink request to NSC (assuming that my 485 is at NSC – that is what online status says) by FAX and express mail yesterday.

In the mean time I asked my attorney to figure out by calling NSC my spouse file got separated from mine. He came to understand from NSC (not from customer service personnel) that “MY FILE IS AT VERMONT SERVICE CENTER”. I did some ground work with NSC over phone regarding this matter and I asked the officer about “Where my FILE is”. She said we have transferred your 485 file on Sep. 22, 2006 to Vermont Service Center (I did not get any mail/transfer notice from NSC). My attorney contacted VSC and came to understand that VSC does not have my 485 file.

So BOTH Nebraska and Vermont service centers are kind of washing their CLEAN hands. Ultimately I think my file 485 is in SPACE……….

For further reading what I have been going through please go through this thread too.
http://immigrationportal.com/showthread.php?t=242429
http://immigrationportal.com/showthread.php?t=244632
http://immigrationportal.com/showthread.php?t=243542

Now I need help/suggestions from the forum members. What should I do? I should write to VSC and offering them that we will send again the 485 application and supporting documents (pile of documents including medical etc). Another painful task I know.

Your input is highly appreciated.
 
Last edited by a moderator:
HI madgu,
I can understand the frustration you have with all these. see even if they trace your 485, it will be next task of interlink, which some times takes time and I am still skeptical about their decision of interlinking. (mycase also no news after th e LUDs, so i will wait for another two weeks and then thinking of filing the second one).
If you think, and can afford, I suggest going for another 485. your case is getting complicated day by day, and it is hard to believe this reps, some day they say something, yhou call next time, a different rep will give a different version. Frankly speaking I am just fed-up with the GC issues!!!!!!!!!!!!!!!!!!
 
sorry Madgu, your case is getting to complicated, I think teh best bet is to REFILE, i know is more money, but your so close to gettign your 485 approved..

what does ur attoreny says? what his suggestion?

sorry about this USCIS confusion! i am so amazed that they lost it!
 
tipotodo said:
sorry Madgu, your case is getting to complicated, I think teh best bet is to REFILE, i know is more money, but your so close to gettign your 485 approved..

what does ur attoreny says? what his suggestion?

sorry about this USCIS confusion! i am so amazed that they lost it!
Click to expand...

Hi tipotodo and good y,

I don't mind refiling BUT now my NC is done. I am not sure how many years it will take if I refile 485 again. As you know several members are the victims of NC hell. that is the only worry for me.

next monday i need to contact my attorney again.. I will keep updating what is going on?
 
The main problem is that, he has two I-140s already approved; one EB2-NIW which he do not want because of retrogression. Unfourtunately, his I-485 linked to that bad I-140. The other good I-140 (EB1) is without I-485. He want to transfer the I485s (him and his wife) to be related to the good I-140 (to save priority date, not to start name check from the 0 again, save money, effort, medical exams......etc). How easy for him to transfer the already filed I-485 from one application to another, I do not know.

I suggest, since there is movement in your wife's I-485 with many new updates, to wait and see for few weeks and do not push so much. Just check your case and your wife's case online. Why you want yours and your wife's application to be in the same center? you need the approvals from anywhere. Immigration needs patience to great extent.
 
My dear mmed

mmed said:
The main problem is that, he has two I-140s already approved; one EB2-NIW which he do not want because of retrogression. Unfourtunately, his I-485 linked to that bad I-140. The other good I-140 (EB1) is without I-485. He want to transfer the I485s (him and his wife) to be related to the good I-140 (to save priority date, not to start name check from the 0 again, save money, effort, medical exams......etc). How easy for him to transfer the already filed I-485 from one application to another, I do not know.

to whom you are refering to "he has two I-140s...."

I suggest, since there is movement in your wife's I-485 with many new updates, to wait and see for few weeks and do not push so much. Just check your case and your wife's case online. Why you want yours and your wife's application to be in the same center? you need the approvals from anywhere. Immigration needs patience to great extent.

NSC did not even bother to inform that my case has been transferred to VSC (it happened in Sep. 2006 which is more than 6 months before) and VSC is saying that the FILE is in "transit". Can you believe that? without the primary approval i do not think the spouse case will be adjudicated. I know immigration needs patience to GREAT EXTENT. Thanks for your feedback
Click to expand...
 
Transfer problems ..

madgu-gc2005 said:
My dear mmed
Click to expand...

madgu-gc2005,

Transfers are always a problem with USCIS. From personal experience I can tell you that the Service Centers do not always inform you of transfers and a lot of times they do not even update their systems. In my case, our 485s (mine and my wifes) were transferred to the Miami local office by mistake. I got notices of the TRX from TSC to Miami and our online update also stated that our cases have been TRX to Miami. From then on I spent 6-7 months trying to get my case back to TSC. I wrote letters to the director of TSC, to the director of the Miami local office, pushed my lawyer to go through AILA and get an update. Finally after about a year, my wife and I got FP notices from TSC. This was surprising because I was under the impression that the cases were still in Miami. I had not heard anything on my case since the TRX to Miami. There were no notices, no change in the online updated. So bascially, something worked and our cases made it back to TSC. Now comes the fun part. After having completed the FP, the LUD on my wifes 485 finally changed and they issued a RFE on her case. Her online update changed to reflect the fact there her case was in TSC. My case however (I am the priamry) kept saying that the case was in Miami. Whenever I tried to call TSC or write to them, they kept reading the online update that said that my case was in Miami. I tried to explain that I got FPs from TSC so how can my case be in Miami but they did not listen.

Finally I wrote a letter and an email to the Ombudsmans office in DC (at the time it was an Indian guy) and explained the whole situation in those letters. Magically within a week of sending the email and the letter my online status finally changed stating that my case has been received back in TSC. Then after 3 months I got my Biometrics. My wifes Biometric had been done long before mine. Unfortunately all this happened after retro had hit and now I am stuck in this mess :) :)

I have written all this for your benefit. Please understand that just because they say that your case is in one place or another does not mean anything. Until you have a written notice or an online update that states where your case is, it is best to not believe their phone updates.

If I were you, I would talk to my lawyer and see if they have any contacts within AILA (American Immigration Lawyers Association). AILA has a rep in each service center that can help in problem cases. Atleast thats how it was in 05. The next step is to write letters to the director of VSC and finally you can try to contact the Ombudsman. I have his contact info but it is from '05. Not sure if he had changed or not.

good luck,

saras
 
madgu-gc2005 said:
Hi tipotodo and good y,

I don't mind refiling BUT now my NC is done. I am not sure how many years it will take if I refile 485 again. As you know several members are the victims of NC hell. that is the only worry for me.

next monday i need to contact my attorney again.. I will keep updating what is going on?
Click to expand...

Magdu
I am sorry to hear this mess. As you know I was always in favor of refiling. I know you have to get NC again. But I think refiling will be faster then relocating your old file and then getting the A# rectified and then relinking.
I will again suggest you that you go and refile.
Believe me the govt. service in this country is same as babus of Our Mahan India.
 
Madgu,

I agree with Ajasha, good_y and tipotodo. As your NC was cleared that means there was no issue with your name. I would also suggest that don't waste time anymore and refile your I-485 with your approved I-140 asap to TSC. You still have your H1b. I think, you will get your GC within a few months.
 
eb1a-query said:
Madgu,

I agree with Ajasha, good_y and tipotodo. As your NC was cleared that means there was no issue with your name. I would also suggest that don't waste time anymore and refile your I-485 with your approved I-140 asap to TSC. You still have your H1b. I think, you will get your GC within a few months.
Click to expand...

Hi eb-1query,

meaning I should start the entire rituals again :) (making new 485, medical and other supporting documents....). Took about more than a year to get my NC cleared I think. Last year When I asked VSC did not tell me anything about my NC clearance.
Yes I am still on H-1B. I am totally exhausted thinking about this GC process..... Thanks for your suggestion.
 
See at this time you are knee-deep in mess created by USCIS. Think of that they cant do simple tasks of approving the case in time then with your 2 I-140s they are bound to get confused. And trust me it is very easy for them to get confused. I also had same case somwhat liek you with 2 I-140s but instead of waiting for interlinking and confusing them further I filed my 2nd I-485.

Secondly I dont know why u r so scared of filing another 485, other than it costs another $1000 only if you do it yourself. Go to same doctors, ask him to pull your records, do TB test one more time, some blood, thats all. Also try to negotiate a better charges for the medical since you will be getting done second time. Tell him about your perspective freinds which can bring business to him if he discounts your 2nd medical etc. It worked for me, I think, I was charged 1/2 for my 2nd medical.

And what is the deal with 485 it is sooooooooooooooo simple, takes less than hr to complete and assimilate if you have few docs with you. What I did in my case is that I keep a high resolution scanned copies of all my immigration docs (passport pages, viass, H-1, I-94, IAP-66s etc etc) in my memory stick and whenever I need anything I just print them form a color laser. Thats all. The only limitation is medical ceti I693 which can be done in less than 2 days. SO go file another I-485 and if you want further simplification of your case and no trouble sin future, withdraw your NIW I-140, you life will be simmpler that way. ANyway what is the fun in keeping that one, unless you ahve hope of interlinking. Like I had same hope worked out 4 letters and mjore than 5 phone calls, but nothing worked, even 2 case status enquiries, so in the end filed 2nd 485 and considered waste fo time pursuing interlinking. Tell me the name of simgle person (okay I see one guy saying it worke dfor him) who got it done successfully...... SO why wait, it is waste of your time towards getting your CITIZENSHIP since you are watsing time in GC so your CITIZENSHIP would be further dealyed. You understand what i mean? Also I dont trust NC replies from infopass etc, do they provide you with formal letter saying your name check is cleared, if not dont believe them.


madgu-gc2005 said:
Hi eb-1query,

meaning I should start the entire rituals again :) (making new 485, medical and other supporting documents....). Took about more than a year to get my NC cleared I think. Last year When I asked VSC did not tell me anything about my NC clearance.
Yes I am still on H-1B. I am totally exhausted thinking about this GC process..... Thanks for your suggestion.
Click to expand...
 
Last edited by a moderator:
madgu,

I think patience and persistence is the key !!! Dont give up so soon. Give USCIS some more time to correct the records. Remember you are not the only one who is waiting for GC.

I think USCIS is now working on your case. I can understand what are you going through in the interim.

Best,
 
Last edited by a moderator:
madgu-gc2005 said:
Hi eb-1query,

meaning I should start the entire rituals again :) (making new 485, medical and other supporting documents....). Took about more than a year to get my NC cleared I think. Last year When I asked VSC did not tell me anything about my NC clearance.
Yes I am still on H-1B. I am totally exhausted thinking about this GC process..... Thanks for your suggestion.
Click to expand...

hi madgu-gc2005,
i am so sorry to hear about careless works of USCIS people. after going through your thread, i can friendly advice you to keep patience and never give-up. now you have two options from our forum members (1) keep patience and wait/call till to get success in the interlinking process (2)refile new I485 based on your approved EB1-I140. In my opinion if you feel process-1 is very tough and you have to wait more, then jump for process-2. It will cost you one more week and some more dollars. sometimes you need to make your decision based on your experience without depnding on others. i know it is kind of lots of stress but this is our life here after we leave our own birth place. we have to work hard and wait for their careless reults. do your best based on our forum members suggestions. good luck buddy. take it easy.
 
Hi

I am sorry to hear this. I think it is a good idea to go for new filing of I485, and you know it would go to TSC and has higher chances of your approval soon. Never give up, cheer up. I perfectly understand you situation.

EB1today.
 
You must log in or register to reply here.
Top