Can I submit another I485?

N

naixin

Registered Users (C)
Hi all,

This post might be a little bit long, please spend time to finish it, I really want to hear your advise. Thanks in advance.

As I see more and more people posting their exciting approval news, I\'m still waiting for my FP.

RD March 5
ND March 27
EB3 RIR
China
PD March 2000

My lawyer sent out my I485 in March when there was no quota avaliable for China EB3. He said that I can use my wife\'s country\'s quota (Malaysia). My lawyer sent out fax enquiries on Sep. 20 and Oct. 11 for FP. I waited another two weeks with no response from INS. He started to send out the second round fax on Nov.1, Nov. 16, Nov. 28.

I went to his office last Friday and found out that the first round fax enquiries\' form was wrong. The second round faxes, he put the Explanation/Emergency Request: "We\'ve filed Mr.Naixin\'s application on March 2000. Please advice status of the case."
  
Please NOTE that the case was filed March 2001 and he didn\'t mention that I never receive FP. This is very miss leading.

I was wondering why my case was being ignored for such a long time. After I questioned my lawyer how did INS know that my case was using Malaysia\'s quota instead of China. He told me that INS processed case by county of birth. Since there was no file to specify country of chargeability, INS must put my case aside when they saw there was no quota for China EB3 in March. It looks like INS has tons of files coming in everyday and I\'m not sure when my case will be back in the loop and being rexamined.

That\'s why I\'m thinking to resubmit I485, it might be faster than just waiting with no hope.

Thanks for any comments.
 
No Title

had they not been using your wife\'s country as basis for quota, your application would have been
 returned long back in March end or April itself, saying that the PD is not current. so i think they are
 considering your 485 under wife\'s country as basis for visa quota which was always current for Malasia.
 it is just that you are stuck like a lot other march NDs. i think sending another application would create a lot
of confusion. whne did you do FP?
 
Thanks Jony, No FP notice yet,

I\'m still waiting for the FP notice, and my lawyer had sent two rounds of fax enquiries. I\'m considering call Duty officer 949.389.3007 by myself sometime next week.
 
I\'am waiting for my FP notice too, my RD.April,4,2001, ND.April20,2001.

where you got this duty officer phone number? could you update info here after you call the duty officer?
my lawyer sent three fax to INS, nothing returned from them.
thank you.
 
No Title

Dudes,

we worked out that FP were issued by location.

San Jose was the slowest,
Oakland the fastest
and San Fran in the middle.

If you are NOT in San Jose, I think a FAX saying
you did not get FP should work.

I know a few people with RD as late as April not
getting their FP notice as yet.

The INS screws you one way or the other!
 
CSC Guidelines/User2000_scu

I got the number from CSC Guidelines, I called but the officer didn\'t tell me anything, just asked me to wait or send more faxes. If you need the CSC guidelines, give me your email address, I can send it to you.

Good luck.
 
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