Case transfer to local office question - please help

O

osm

Registered Users (C)
Hi Guys

I got an email yesterday that my case has been transferred to the local office in Phoenix. This is very frustrating. I was hoping to get an approval since my i-485 notice date is 6/20/02. My wife’s i-485 case was filed as dependent. She has not been transferred yet.

Can any body answer these questions.

1) Is Phoenix going to process according to my original i-485 notice date or the transferred date? My notice date is 6/20/2002. Case was transferred yesterday 10/4/2004.
2) Do I need to take a lawyer to this interview.

Thanks for your response.

osm
Wac02-214
 
1. As a new application received at Phoenix. I see local times vary from 1-2 up to 6-8 months. You should be able to check this somewhere...
2. Do you know of any reason why a lawyer would be advisable? Short answer: If you know a reason, then take one.
 
Hi Nildari30 - Thanks for your post.

You wrote that "As a new application received at Phoenix. I see local times
vary from 1-2 up to 6-8 months. You should be able to check this somewhere..."
Where do you see these times. Can you point me to a web site where i can track these times.


I went to 'District office processing times website" and that says Phoenix office is processing i-485 cases from June 15, 2002. My ND is June 20, 2002. Just don't know if Phoenix is going to go
with the ND or with the Transfered date. Do you know??

Let me know if you know this or if you a know of another link or resource for transfered cases

Thanks,

osm
 
You are looking in the right places. According to that, the processing time is 2 years. So, obviously I am making some kind of mistake here, because I have never heard anyone's interview schedule take so long. Thanks for pointing that out, but then, maybe they try and allot slots in between as available... I just don't know! Anything one might try and figure out is going to be speculation. Maybe you could try calling the local office. Sorry, that wasnt very helpful :(
 
osm,
my case was transferred to Miami. I've visited the Miami office a few times to inquire about my case, so I'll share my story, since it may be the same situation in Phoenix.

They use the original RD that you got from CSC.
It takes about 4-6 weeks for them to actually receive your file at the local office from the date that CSC tells you that it was transferred.
The processing times posted on the USCIS site for the local offices are not relevant to employment based cases. The local offices get so few employment based transfers that they do not even know what the processing time for these types of I-485 is. The times posted are mostly for family based I-485 cases.
You can visit the Phoenix office, but if your experience is even remotely close to mine, you won't get any concrete answers.
there is no need to bring a lawyer, unless you feel that your case may have some kind of a strange twist that you feel you may need help defending.
You can see a summary of my experience here:
http://www.immigrationportal.com/showthread.php?t=144814
 
Phoenix district will go by your date of filing. I would guess that you will get a letter in 3 months or so.

You don't need a lawyer unless your case is complicated (AC-21 or convictions etc.)
 
Why did CSC transfer I-485s to local offices(in this case Phoenix)?

Is it that we request to do so or they transfer it based on some factors? Can someone tell me why and when they transfer I-485s?
 
CuriousGeorge, Pappu_Pager thanks for your responses. This is helpful. At least, I know what to expect. I will post the progress of this case in this thread. Please post the progress on your case in this thread too if you can.

thanks,

osm
 
{excerpt from the "I-485 Standard Operating Procedure", page 7-3.24}

Employment based Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.

Employment-based:

• The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.

• The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.

• The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.

• The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.

• Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.


Deviation From Interview Waiver Criteria

The above interview waiver criteria may be modified by individual officers in
response to developing local circumstances and regional concerns, which
would dictate the need for further restrictions.

On a case by-case basis, an officer may choose to relocate an I-485 for
interview if he/she deems it necessary. Applications require a relocation if
the officer determines:
• a need for validation of identity
• a need for validation of legal status
• questionable admissibility and/or qualifications
• apparent fraud
• a second filing
• an applicant with fingerprint rejected twice
• an applicant with medical condition class A or B
• the A-file cannot be located at the time of adjudication.
 
Thanks CuriousGeorge,

I was worried that my application would be transferred to MD (VSC) just because I live there. My employer is in CA. This case will not require such transfer, Right?
 
Apollo_13,
Although I listed the official reasons that the officers should use as a guideline, they can still override these reasons at their discretion. Lately more and more cases are being transferred to the local offices to reduce the backlog at the service centers. Since there is no processing time to report on employment based I-485 cases at local offices, nobody can say that they are behind schedule. The processing date shown for each local office is for family based I-485, and they don't report on employment based I-485 cases. Its a mean trick played on those of us who get transferred. Either way, it seems about 20%-25% of cases are being transferred these days. It used to be around 10%. So you're not guaranteed that you will or will not get a transfer.

In your case you are specifically worried about getting transferred to a service center closer to you. This is a completely different situation than getting it transferred to a local office, and although it has happened, it rarely occurs, even if the applicant does not reside in the service center's jurisdiction where the case is currently held.
 
CuriousGeorge - what information do you have to enable you to say that the listed district processing times are for family-based applications?
 
To OSM in Phx

osm said:
Hi Guys

I got an email yesterday that my case has been transferred to the local office in Phoenix. This is very frustrating. I was hoping to get an approval since my i-485 notice date is 6/20/02. My wife’s i-485 case was filed as dependent. She has not been transferred yet.

Can any body answer these questions.

1) Is Phoenix going to process according to my original i-485 notice date or the transferred date? My notice date is 6/20/2002. Case was transferred yesterday 10/4/2004.
2) Do I need to take a lawyer to this interview.

Thanks for your response.

osm
Wac02-214
Click to expand...



OSM,

Did you see the post by CuriousGeorge? ...does your case qualify (from among the list) - for a transfer?
I am concerned; I too am based in Phoenix, and had filed with CSC.
 
Last edited by a moderator:
feel_so_low said:
CuriousGeorge - what information do you have to enable you to say that the listed district processing times are for family-based applications?
Click to expand...


I went in person to the Miami office where my case has been transferred to and that is what they told me, 3 times from 3 different people, including 1 supervisor.
 
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