Consolidated NSC I-485 Tracker

No reciept date for my 485

No update on reciept number for my 485 app.filed on dec11th and it is already
5 weeks now.

please let me know if any body is in the same boat
 
raidohri said:
No update on reciept number for my 485 app.filed on dec11th and it is already
5 weeks now.

please let me know if any body is in the same boat


from murthy .com, it tells u everything:

. NSC : Delays in Issuance of Receipt Notices:

At the end of December 2006, the Nebraska Service Center (NSC) acknowledged delays in the issuance and transmission of receipt notices. NSC has assigned additional officers to this process in an effort to address the problem. They expect to bring things up to date by mid January 2007.

The NSC established an eMail address for inquiries on cases that have been filed with NSC for more than 15 days, but for which receipts have not been issued. In order to use the eMail service, one must be able to confirm the date of delivery with a tracking number from the delivery service. This eMail address is available to attorneys through the American Immigration Lawyers Association (AILA).

Use of this method of contact should be limited to urgent matters, since the NSC says that they will resolve the problem in two weeks. Thus, for most people it appears that a bit more patience is all that is needed. We at the Murthy Law Firm appreciate efforts on the parts of the NSC and USCIS towards a speedy resolution to this problem.
 
AC21 Questions? need your help.

Just Watching and Al-

My 180 days clock is going to hit on 6 weeks and I need your help please.
I did the research on many forums and very confused about this subject, too many different answers and I am hoping that you can help me to clear that:

1. Leaving the job with out I-485 approved ( AC21)
a. When the 180 days period does starts? Receive day of I-485 or Approval Day of I-140
b. Can the previous employer cancel an approved I-140?
c. Can the previous employer cancel I-485 ( giving that I will change the lawyer and notify CIS with that)
d. Do I have to notify CIS with changing job (is it mandatory?)
e. What impact it would have on the case if I notify them (RFE, Delays…)
f. Does the new job title/ job description have to be exactly the same? Given that 6 years are passed by all of us and we are doing much senior stuff then we used to do.[/INDENT]


2. Leaving the job after the approval.
a. Do I have to wait 180 days before giving my notice?
b. If yes, when the 180 days period started?
i. Receive day of I-485
ii. Approval Day of I-485
iii. Receive day of I-140
iv. Approval Day of I-140
c. Is there any restriction on the job and the field?
 
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Congratulations

That was really fast. Time to celebrate..

eb1_nsc said:
Just received this mail from USCIS for both me and my spouse. No LUDs before approval, It was a short but anxious journey. Good luck to everyone.

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

Current Status: Card production ordered.

.
 
My 2 cents on this. I am not an expert. This is my understanding based on reading the forums and USCIS site.

Answers for 1 is

a) It starts from the receipt date of I-485. But to be safe most people advise to count from the begining of I-140 approval.

b). The previous employer can revoke the I-140 technically. In most cases they do this to use the underlying Labor certification for another employee. But given you worked there for so long, you can get something from them in writing that they won't do this. Also once the I-485 has been pending for more than 180 days, I don't think revoking I-140 has any impact on it. But you really need a good attorney in case they do revoke.

c). Previous employer does not have any control over I-485. Its just your personal application to adjust status to permanent resident.

d). I don't know if its mandatory. But I think its safe and highly recommended to notify if your I-485 is past 180 days.

e). Don't know

f). My lawyer told me that it does not have to be same exact job title and duties. I personally met him in his office and discussed about this. He said the key in the law is "SIMILAR" job. By that he said it could be any IT job in computer industry as long as salary is >= wage shown on labor certification.

Answers for 2.

I am not very sure about this topic. But I think once you get the approval, you probably don't have much restrictions.

I hope the above helps. Lets see what others say.
GreenCard2010 said:
Just Watching and Al-

My 180 days clock is going to hit on 6 weeks and I need your help please.
I did the research on many forums and very confused about this subject, too many different answers and I am hoping that you can help me to clear that:

1. Leaving the job with out I-485 approved ( AC21)
a. When the 180 days period does starts? Receive day of I-485 or Approval Day of I-140
b. Can the previous employer cancel an approved I-140?
c. Can the previous employer cancel I-485 ( giving that I will change the lawyer and notify CIS with that)
d. Do I have to notify CIS with changing job (is it mandatory?)
e. What impact it would have on the case if I notify them (RFE, Delays…)
f. Does the new job title/ job description have to be exactly the same? Given that 6 years are passed by all of us and we are doing much senior stuff then we used to do.[/INDENT]


2. Leaving the job after the approval.
a. Do I have to wait 180 days before giving my notice?
b. If yes, when the 180 days period started?
i. Receive day of I-485
ii. Approval Day of I-485
iii. Receive day of I-140
iv. Approval Day of I-140
c. Is there any restriction on the job and the field?
 
GreenCard2010 said:
Just Watching and Al-

My 180 days clock is going to hit on 6 weeks and I need your help please.
I did the research on many forums and very confused about this subject, too many different answers and I am hoping that you can help me to clear that:

1. Leaving the job with out I-485 approved ( AC21)
a. When the 180 days period does starts? Receive day of I-485 or Approval Day of I-140
b. Can the previous employer cancel an approved I-140?
c. Can the previous employer cancel I-485 ( giving that I will change the lawyer and notify CIS with that)
d. Do I have to notify CIS with changing job (is it mandatory?)
e. What impact it would have on the case if I notify them (RFE, Delays…)
f. Does the new job title/ job description have to be exactly the same? Given that 6 years are passed by all of us and we are doing much senior stuff then we used to do.[/INDENT]


2. Leaving the job after the approval.
a. Do I have to wait 180 days before giving my notice?
b. If yes, when the 180 days period started?
i. Receive day of I-485
ii. Approval Day of I-485
iii. Receive day of I-140
iv. Approval Day of I-140
c. Is there any restriction on the job and the field?


Mostly Agree with mdgc

1.
a)Receipt date of I-485. This has been clarified by USCIS
b)Yes they can but after 180 days of I-485 RD it has no negative impact .
c)No.
d)Not mandatory but recommended. New employer sends letter informing of similar job and new comp.
e)Either way, USCIS may issue RFE in both situations. Not a really a win win situation.
f) No. A similar job IS acceptable. USCIS uses ONet codes (among other things) to determine similar occupations. USCIS has been pretty liberal with this.

2.
a) This has been cause for much debate, three answers:
- You can leave whenever you want to. General Argument is law is vague. My argument: You don't want to be the first case that is used to clarify the law.
- You should wait 6-12 months. Most attorneys go with this. There is a post from Rajiv Khanna regarding this. I will post in a separate message.
- After 90 days you are good to go. See link: http://www.usvisahelp.com/art_intent.html

b) See above
c) Once you get over the "hurdle" described in (2a) you are a free.
 
Rajiv's Khanna opinion on changing employer after GC

--------------------------------------------------------------------------
Q. How soon can I leave my petitioning employer once I get my green card approval?

A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?

A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.


--------------------------------------------------------------------------
 
Thank you Just Watching and mdgc2001, this is great information speically I was worried about Revoking my I-140 If I move from here. But with the 180 days passing by for both ( I140 approval and I485 receiving dates ) , it should be fine.

So in case that petitioner wants to move to different employer ASAP , its better for him to have pending I-485 for more then 6 months then approved I-485 in less then 6 months!
 
here is the 90 days rule that Just watching mentioned on his detailed reply:

In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment.
 
GreenCard2010 said:
Thank you Just Watching and mdgc2001, this is great information speically I was worried about Revoking my I-140 If I move from here. But with the 180 days passing by for both ( I140 approval and I485 receiving dates ) , it should be fine.

So in case that petitioner wants to move to different employer ASAP , its better for him to have pending I-485 for more then 6 months then approved I-485 in less then 6 months!


not really, i knew many people who left their employers directly after they got their GC. the logic here if 6 months passed on i485 while it is pending, u can move to another employer. using this same logic u can leave ur employer if ur GC got approved after 6 months of being pending.

the law is not clear in this regard, it is simply a vague law. what it says that u have to work permanently with ur employer after u get ur GC. it doesn't give any time limit, permanently means any number from 1 day till you die. it is simply vague.
 
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A vague law is still __enforceable__. What it would lack is just clarity, in which case the law would be interpreted by an immigration officer, internal agency memo or a court decision. But in any case, your understanding of what makes sense will not be used in making a decision (although it may _happen_ to be the same as officer's). What's worst, you may not know the final interpretation until your naturalization interview. This is why we look for USCIS memos and lawyer's advise.

Yes, that totally lacks any sense in a human's understanding, but not in agency's or lawyer's. Look at it from a different perspective - they have to apply a uniform test to everyone. So, as defined by an earlier court decision, they analyze a rapid course of events following an immigration status change. By definition, a rapid course of events has to happen only _after_ GC has been obtained, which means it does not allpy to your job changes before GC approval. Sounds plain stupid, because you get more constrains after GC approval, even though you worked for that employer during the last 7 years and you could freely change jobs just a month ago...

That works the same way everywhere. For example, it's very easy to bring a spouse into US while you're on H1, and it becomes very difficult while you're on GC. It's still somewhat difficult once you're a US citizen. Does it make any sense to humans - no. But it starts making sense if you look from other perspectives...

antonioa77 said:
not really, i knew many people who left their employers directly after they got their GC. the logic here if 6 months passed on i485 while it is pending, u can move to another employer. using this same logic u can leave ur employer if ur GC got approved after 6 months of being pending.

the law is not clear in this regard, it is simply a vague law. what it says that u have to work permanently with ur employer after u get ur GC. it doesn't give any time limit, permanently means any number from 1 day till you die. it is simply vague.
 
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igor_ch said:
A vague law is still __enforceable__. What it would lack is just clarity, in which case the law would be interpreted by an immigration officer, internal agency memo or a court decision. But in any case, your understanding of what makes sense will not be used in making a decision (although it may _happen_ to be the same as officer's). What's worst, you may not know the final interpretation until your naturalization interview. This is why we look for USCIS memos and lawyer's advise.

Yes, that totally lacks any sense in a human's understanding, but not in agency's or lawyer's. Look at it from a different perspective - they have to apply a uniform test to everyone. So, as defined by an earlier court decision, they analyze a rapid course of events following an immigration status change. By definition, a rapid course of events has to happen only _after_ GC has been obtained, which means it does not allpy to your job changes before GC approval. Sounds plain stupid, because you get more constrains after GC approval, even though you worked for that employer during the last 7 years and you could freely change jobs just a month ago...

That works the same way everywhere. For example, it's very easy to bring a spouse into US while you're on H1, and it becomes very difficult while you're on GC. It's still somewhat difficult once you're a US citizen. Does it make any sense to humans - no. But it starts making sense if you look from other perspectives...

don't forget that those laws are pretty old. this year there may be a new immigration law, so i would expect changes to many things.
 
Did u get your AP?

Hi Antonioa77,

I see your signature shows 3 LUDs for AP in the first week of Jan. Did you get the approval or not? Also what about EAD?


antonioa77 said:
not really, i knew many people who left their employers directly after they got their GC. the logic here if 6 months passed on i485 while it is pending, u can move to another employer. using this same logic u can leave ur employer if ur GC got approved after 6 months of being pending.

the law is not clear in this regard, it is simply a vague law. what it says that u have to work permanently with ur employer after u get ur GC. it doesn't give any time limit, permanently means any number from 1 day till you die. it is simply vague.
 
mdgc2001 said:
Hi Antonioa77,

I see your signature shows 3 LUDs for AP in the first week of Jan. Did you get the approval or not? Also what about EAD?

i didn't get anything yet neither Ap nor EAD. I don't know what is goin on with those bureaucrats.
 
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More Info?

Guys,
Is there any link on the topic? I'd like to read some more on this.
Is this valid for the AOS, too, or Consular Processing alone? The reason I am asking is that the link (See link: http://www.usvisahelp.com/art_intent.html) mainly discusses the Consular Processing case.

Thank you

GreenCard2010 said:
here is the 90 days rule that Just watching mentioned on his detailed reply:

In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment.
 
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The law is vague.

Even the link I posted is an interpretation of law.


Can you leave day 1 after getting GC and get away with it? Maybe.
Can you leave 1 year after getting GC and be ok? Yes.

So bottom line:

Risk is reduced as time progresses.

I am not argue or debate about this topic because if you search immigrationportal you will find many have done it before....

GreenCard2010 - Your comment about better to leave after 6 months of filing before approval being BETTER than leaving employer less than 6 months after approval is true in the sense that the law explicitly allows for that and therefore is less subject to interpretation. BETTER being a relative term.
 
Antonioa, you will get EAD approved pretty soon, It is in the time frame.

antonioa77 said:
i didn't get anything yet neither Ap nor EAD. I don't know what is goin on with those bureaucrats.
 
Update on FP notice

After reading EB1NSC comment, I spent a couple of hours on phone and managed to reach a curt but helpful agent. She was surprised that FP notice is not sent to me even after close to six month of filing 485. With her help I received FP notice today.

Not that it matters as I am stuck in namecheck either way. It disproves the statement which infopass person gave me in December '06 that NSC is not sending FP till name check is cleared.

My data:
PD 11/1/02 CA EB-2 RIR India
I-140 RD 06/30/06 AD 10/12/06 (upgraded to PP)
I-485 RD 07/31/06
name check initiated 8/21/06 Pending
I-765 AD 10/21/06
FP received 01/16/07
FP scheduled 01/24/07
 
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My 485 case was submitted to NSC on 5/19. I received RFE on 11/25 and replied on 1/5. Is receiving RFE a good news? Does it mean that I have passed name check and will be getting approval soon? Thanks!
 
EAD approval and CARD

Hi Just Watching and everyone else

Me and my wife's EAD got approved on DEC 18,2006. we received EAD card for my wife but I never received mine.

Is this a problem? Is there anyway to find out that why I did not receive my card?

Thanks
 
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