Consolidated NSC I-485 Tracker

Finally approved

After such a long wait USCIS finally approved my case and the message got updated on 1/5/07. It, indeed, was a long wait but am really glad that it's all over for m.

It was becoming such an arduous process that I stopped feeding any immigration related information in my mind from the last 12 months or so. And didnt really log on any of the forum out there.

I just wanted to thanks all the people who put in their input on this site and had given me some hope.
All I can say to others is to keep the hope alive and just get busy with your life.. instead of worrying for this stuff.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On January 5, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
 
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Congrats curryus, was there an LUD on your case before your 485 got approved?

Thanks,
GMR


curryus said:
After such a long wait USCIS finally approved my case and the message got updated on 1/5/07. It, indeed, was a long wait but am really glad that it's all over for m.

It was becoming such an arduous process that I stopped feeding any immigration related information in my mind from the last 12 months or so. And didnt really log on any of the forum out there.

I just wanted to thanks all the people who put in their input on this site and had given me some hope.
All I can say to others is to keep the hope alive and just get busy with your life.. instead of worrying for this stuff.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card production ordered.

On January 5, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Click to expand...
 
question about my approved I765

As I have to remain with my company (i haven't been in I485 process for 6 months) what are my benefits of it (as I'm not married, so my wife can't benefit from it?)?

Is it true that I can get a second job legally (if I want to, for example), in addition to the one I have? Or maybe start my own company on the side?

Thanks, gurus
 
zgubi said:
As I have to remain with my company (i haven't been in I485 process for 6 months) what are my benefits of it (as I'm not married, so my wife can't benefit from it?)?

Is it true that I can get a second job legally (if I want to, for example), in addition to the one I have? Or maybe start my own company on the side?

Thanks, gurus
Click to expand...

Assuming you are still on an H-1B and that your six years (or your extension) will not expire before approval. that alone would be a good reason to have one.

You may be able to get a second job, sometimes you are contractually obligated with your employer to not have other jobs - independent of h1 or green card issues. If that is not the case then yes you could work or start a business but then in theory you should begin using your ead for your current employer as well. Problem is there really is no way of invoking your ead if you have a valid h1. At least as far as i can tell.
 
Thanks. I don't think I'm required NOT to work on the side by my employer.
I'm actually on my 7th year - my employer has been extending my h1-b status just in case (and they will be until my I485 is approved). But once I get I131, I'm assuming I won't need to use the h1-b extension to apply for a visa if I want to travel - I'll just use the I131
So I131 is of greater importance to me.

ALso, if I decide to leave my employer after 6 months, do I then activate my I765? or I have to transfer the h1-b first (provided I haven't received my green card by the time)


JustWatching said:
Assuming you are still on an H-1B and that your six years (or your extension) will not expire before approval. that alone would be a good reason to have one.

You may be able to get a second job, sometimes you are contractually obligated with your employer to not have other jobs - independent of h1 or green card issues. If that is not the case then yes you could work or start a business but then in theory you should begin using your ead for your current employer as well. Problem is there really is no way of invoking your ead if you have a valid h1. At least as far as i can tell.
Click to expand...
 
zgubi said:
Thanks. I don't think I'm required NOT to work on the side by my employer.
I'm actually on my 7th year - my employer has been extending my h1-b status just in case (and they will be until my I485 is approved). But once I get I131, I'm assuming I won't need to use the h1-b extension to apply for a visa if I want to travel - I'll just use the I131
So I131 is of greater importance to me.

ALso, if I decide to leave my employer after 6 months, do I then activate my I765? or I have to transfer the h1-b first (provided I haven't received my green card by the time)
Click to expand...

Here is my thought on changing jobs...

If you can, get an H1B with your new employer but you don't have to.

It is always best to try to stay on an H1B. That way if your I-485 gets denied you will still be in status.

If and when you switch - if the new job is VERY similar you should be fine. If not, recommendation is to immediately file PERM followed by premium I-140 and I-485 as a backup plan.

There has been a lot of discussion about whether if you start working on EAD or use AP do you automatically stop being H1B. Comments go both ways. The one I buy is that if you use AP then you are no longer H1B. I have no opinion on the EAD.
 
Congrats!

Congratulations! That was a very long wait for I-485. Was it because of retrogression or were you stuck in the background checks etc?

curryus said:
After such a long wait USCIS finally approved my case and the message got updated on 1/5/07. It, indeed, was a long wait but am really glad that it's all over for m.

.
Click to expand...
 
I saw multiple notes that once you start using EAD, your H1B status is gone. This is why you cannot use H1B for your original employer at the same time as using EAD for some other work. It's either all H1B or all EAD, not a mix. On the other hand, loosing H1B status adds a significant risk if one's I-485 gets denied by itself or through I-140 denial (and EAD is revoked automatically). In such a case, if you don't have H1B status, you'd have to leave country almost right away to avoid accumulating out-of-status time (the timeframes for lawful presense *may* depend on I-94, but I'm not sure). Your return depends on the ability to obtain new status at the port of entry (e.g. if you still have a valid H1B), but I would consult a lawyer before switching to EAD, especially if your 6 years on H1B time is over.

JustWatching said:
Here is my thought on changing jobs...

If you can, get an H1B with your new employer but you don't have to.

It is always best to try to stay on an H1B. That way if your I-485 gets denied you will still be in status.

If and when you switch - if the new job is VERY similar you should be fine. If not, recommendation is to immediately file PERM followed by premium I-140 and I-485 as a backup plan.

There has been a lot of discussion about whether if you start working on EAD or use AP do you automatically stop being H1B. Comments go both ways. The one I buy is that if you use AP then you are no longer H1B. I have no opinion on the EAD.
Click to expand...
 
justwatching, may i know, how did you come to know that if we use the AP then we are no longer in H1B. I had an impression thru the forums that we could use AP and still be in the H1B status.
based on that i am planning to use the AP in a shorwhile to go to india and comback then stay in H1b staus. could you please write your thoughts on this... After all this long waits i don't like to go to an US Counsulate in india and answer their irrelevant questions before I get stamped on h1b..

thank you
 
I can neither confirm or deny it.

LC_HOPE said:
justwatching, may i know, how did you come to know that if we use the AP then we are no longer in H1B. I had an impression thru the forums that we could use AP and still be in the H1B status.
based on that i am planning to use the AP in a shorwhile to go to india and comback then stay in H1b staus. could you please write your thoughts on this... After all this long waits i don't like to go to an US Counsulate in india and answer their irrelevant questions before I get stamped on h1b..

thank you
Click to expand...

Ok, keep in mind this is my understanding so take it with a grain of salt.

Yes, if you are on H1 STATUS you can apply for Advance Parole and continue to be on H1B regardless of the validity of your H1B STAMP.

If you travel outside the country and re-enter using valid H1B STAMP then you continue to be in H1B STATUS. If you reenter using Advance Parole then you are in PAROLE STATUS. (even if you had still time remaining on your H1B STATUS).

You can apply to return to H1B status again, but that is probably more work than just getting a new H1B STAMP

Now read this. This is from an INS memo. Very old and part of the problem. No regulations just memos.

"A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and un-expired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- 1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule."

This almost reads: but if you do use AP and had H1B status valid we'll let you get away with it.
 
I also heard the same

JustWatching said:
Ok, keep in mind this is my understanding so take it with a grain of salt.

Yes, if you are on H1 STATUS you can apply for Advance Parole and continue to be on H1B regardless of the validity of your H1B STAMP.

If you travel outside the country and re-enter using valid H1B STAMP then you continue to be in H1B STATUS. If you reenter using Advance Parole then you are in PAROLE STATUS. (even if you had still time remaining on your H1B STATUS).

You can apply to return to H1B status again, but that is probably more work than just getting a new H1B STAMP

Now read this. This is from an INS memo. Very old and part of the problem. No regulations just memos.

"A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and un-expired nonimmigrant employment authorization... is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H- 1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule."

This almost reads: but if you do use AP and had H1B status valid we'll let you get away with it.
Click to expand...
-----------

one of my friends had applied for 485 2 years back, he got his EAD also but he didn't want to be on 485 (marriage issue), he went to Indian and on his way back used H1 for reentry not AP. Had he used AP for return he would have been on 485/EAD and not on H1 anymore. This is what his lawyer also told him. So, what decides ur status is which document u use for reentry. He continues to be on H1 as he is retrogressed.
 
FBI Name Check Aging Report

Both my attorney and I requested a copy of the "USCIS FBI Name Check Aging Report" from USCIS Ombudsman. Both received similar responses, telling that the report is an internal document, which is not publicly available.

In my request I was telling that detailed information is critical - for many, it's easier to know that name check for their region takes 1.5 years, rather than wait for it every day of these 1.5 years, checking online case status and scheduling INFOPASS every month.

Please, send more emails to Ombudsman ( Cisombudsman@dhs.gov ) asking to provide specific information about how long does it take to process FBI name checks by region. Express your understanding that report is not publicly available, and tell them how much we would appreciate it if they made the report public as well as providing other relevant *detailed* information.


Here is a copy of the email I received from them:

Dear Mr. _________,

Thank you for contacting the Citizenship and Immigration Services Ombudsman (CIS Ombudsman)’s office, and your interest in our Annual Report 2006 to the US Congress.

The office of the CIS Ombudsman is charged with assisting individuals who experience specific problems during the immigration benefits seeking process with the United States Citizenship and Immigration Services (USCIS). Additionally, the CIS Ombudsman is dedicated to identifying systemic problems in the immigration benefits seeking process, and to recommending solutions to USCIS.

The report you cite in your e-mail is not publicly available as it is an internal USCIS document.

If you have any further questions regarding FBI name checks or other security checks conducted by USCIS, we refer you to the Ombudsman's 2006 Annual Report on our website at www.dhs.gov/cisombudsman . We hope to provide further information regarding this issue in the 2007 Annual Report. Additionally USCIS provides information on security background checks on its website at www.uscis.gov. Among the information available is a memorandum that may be of assistance to you. We attach it for your convenience.

We trust that this information is helpful. Please do not hesitate to contact our office if you have any questions or concerns.

Sincerely,
CIS Ombudsman’s office
 
That internal report can be subpoenaed if you sue USCIS

In a lawsuit of WOM, you sue USCIS director and Homeland Security secretary, your lawyer can subpoena it.


igor_ch said:
Both my attorney and I requested a copy of the "USCIS FBI Name Check Aging Report" from USCIS Ombudsman. Both received similar responses, telling that the report is an internal document, which is not publicly available.

In my request I was telling that detailed information is critical - for many, it's easier to know that name check for their region takes 1.5 years, rather than wait for it every day of these 1.5 years, checking online case status and scheduling INFOPASS every month.

Please, send more emails to Ombudsman ( Cisombudsman@dhs.gov ) asking to provide specific information about how long does it take to process FBI name checks by region. Express your understanding that report is not publicly available, and tell them how much we would appreciate it if they made the report public as well as providing other relevant *detailed* information.


Here is a copy of the email I received from them:

Dear Mr. _________,

Thank you for contacting the Citizenship and Immigration Services Ombudsman (CIS Ombudsman)’s office, and your interest in our Annual Report 2006 to the US Congress.

The office of the CIS Ombudsman is charged with assisting individuals who experience specific problems during the immigration benefits seeking process with the United States Citizenship and Immigration Services (USCIS). Additionally, the CIS Ombudsman is dedicated to identifying systemic problems in the immigration benefits seeking process, and to recommending solutions to USCIS.

The report you cite in your e-mail is not publicly available as it is an internal USCIS document.

If you have any further questions regarding FBI name checks or other security checks conducted by USCIS, we refer you to the Ombudsman's 2006 Annual Report on our website at www.dhs.gov/cisombudsman . We hope to provide further information regarding this issue in the 2007 Annual Report. Additionally USCIS provides information on security background checks on its website at www.uscis.gov. Among the information available is a memorandum that may be of assistance to you. We attach it for your convenience.

We trust that this information is helpful. Please do not hesitate to contact our office if you have any questions or concerns.

Sincerely,
CIS Ombudsman’s office
Click to expand...
 
igor_ch said:
Both my attorney and I requested a copy of the "USCIS FBI Name Check Aging Report" from USCIS Ombudsman. Both received similar responses, telling that the report is an internal document, which is not publicly available.

In my request I was telling that detailed information is critical - for many, it's easier to know that name check for their region takes 1.5 years, rather than wait for it every day of these 1.5 years, checking online case status and scheduling INFOPASS every month.

Please, send more emails to Ombudsman ( Cisombudsman@dhs.gov ) asking to provide specific information about how long does it take to process FBI name checks by region. Express your understanding that report is not publicly available, and tell them how much we would appreciate it if they made the report public as well as providing other relevant *detailed* information.


Here is a copy of the email I received from them:

Dear Mr. _________,

Thank you for contacting the Citizenship and Immigration Services Ombudsman (CIS Ombudsman)’s office, and your interest in our Annual Report 2006 to the US Congress.

The office of the CIS Ombudsman is charged with assisting individuals who experience specific problems during the immigration benefits seeking process with the United States Citizenship and Immigration Services (USCIS). Additionally, the CIS Ombudsman is dedicated to identifying systemic problems in the immigration benefits seeking process, and to recommending solutions to USCIS.

The report you cite in your e-mail is not publicly available as it is an internal USCIS document.

If you have any further questions regarding FBI name checks or other security checks conducted by USCIS, we refer you to the Ombudsman's 2006 Annual Report on our website at www.dhs.gov/cisombudsman . We hope to provide further information regarding this issue in the 2007 Annual Report. Additionally USCIS provides information on security background checks on its website at www.uscis.gov. Among the information available is a memorandum that may be of assistance to you. We attach it for your convenience.

We trust that this information is helpful. Please do not hesitate to contact our office if you have any questions or concerns.

Sincerely,
CIS Ombudsman’s office
Click to expand...

igor,

do u have proof that FBi namecheck is conducted by fbi agents that are dedicated for one region in the world? I believe it is not the case. they go by order of the application received.

what aboyut the info from your firned who has contacts with fbi namecheck office? if he has those contacts, why his case didn't get cleared yet?
 
richshi said:
In a lawsuit of WOM, you sue USCIS director and Homeland Security secretary, your lawyer can subpoena it.
Click to expand...

you were so hopeful before about the new background check system by USCIS. are you still hopeful?

january 3 passed and there was no official saying if the BCS started operating.

second, this system is just for uscis internal uses and not FBI. so what do you think?
 
ctrack said:
hi Justwatching and others I was wondering if you would comment on the following queries:

1) I herd that since the last half year of 2006 - I-140 and I-485 applications would be processed within 6 months. Is this true?

Check this website on tracking the results: https://egov.immigration.gov/cris/jsps/ptimes.jsp
In general, Texas has a processing time of around 2-3 months for I-140 and 6 months for I-485 (unless your name check is pending and you have to pray God so that the FBI officer takes a break from scraching his ... hairs... and spends a couple of minutes to work on your case). Nebraska takes on average 6 months for the I-140 and 8-9 months for the I-485 (always, if your name check is completed promptly).

2) If I-140 and I-485 are filed concurrently - what happens when I-485 is being worked on and they find I-140 is not approved, will the discontinue to work on your I-485? If so what triggers them to work on your I-485 case again?

If your I-140 is denied, your I-485 is not even considered (EAD and the rest are revoced, too) and your I-485 fees are not refunded (I believe you can still use the Approved Labor Certification). This is the only risk of concurrent filing. A new I-140 petition (accompanied by a new I-485 petition) will trigger a new process for your I-485.

Would appreciate any thoughts. thanks.
You are welcome. Also, spend some time in this forum and you will find the relevant info for many questions. :)
Click to expand...
 
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I don't have any proof that it's done by region, as well I did not hear anything contrary from any other sources. My friend was telling me that FBI name check is done by region (based on his sources) and I could understand the logic behind it. After all, we all write our names in native alphabet on the biography forms, which may neccesitate a special processing. I do trust my friend, but don't know if I can trust his "sources". Anyway, this is not official, but could an interesting direction to investigate.

As of end of December, my friend's sources in FBI were claiming that his namecheck was complete, but USCIS INFOPASS officer was telling him otherwise. So, there could be an additional point of delay. Will call him soon to find out how it goes.

antonioa77 said:
igor,

do u have proof that FBi namecheck is conducted by fbi agents that are dedicated for one region in the world? I believe it is not the case. they go by order of the application received.

what aboyut the info from your firned who has contacts with fbi namecheck office? if he has those contacts, why his case didn't get cleared yet?
Click to expand...
 
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Interesting thing happened !

My I131 got an LUD today. I have no clue why. But nothing changed in the text. Just the LUD change..

Any sparklers on this?

----------------------------------
FingerPrinting Date - 12/20/06
485- FD - 10/24/06 - LUD 01/02/2007
485- RD - 10/27/06
EAD- FD - 10/24/06 - Approved - 01/04/2007
EAD- RD - 10/27/06
131- AP- FD - 10/24/06 - LUD 01/10/2007
131- AP- RD - 10/27/06
Receipt # - LIN-070215****
----------------------------------
LC PD - 4/2002 EB2 India
140- FD - 04/25/06
140- RD - 04/28/06
140 AD - 08/08/06
Labour Priority Date: 4/22/2002
----------------------------------
 
How can I check whether there is a LUD on my pending I485?

sathya10 said:
My I131 got an LUD today. I have no clue why. But nothing changed in the text. Just the LUD change..

Any sparklers on this?

----------------------------------
FingerPrinting Date - 12/20/06
485- FD - 10/24/06 - LUD 01/02/2007
485- RD - 10/27/06
EAD- FD - 10/24/06 - Approved - 01/04/2007
EAD- RD - 10/27/06
131- AP- FD - 10/24/06 - LUD 01/10/2007
131- AP- RD - 10/27/06
Receipt # - LIN-070215****
----------------------------------
LC PD - 4/2002 EB2 India
140- FD - 04/25/06
140- RD - 04/28/06
140 AD - 08/08/06
Labour Priority Date: 4/22/2002
----------------------------------
Click to expand...
 
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