Consolidated NSC I-485 Tracker

dstu, In regards to your changing the Job

dstu said:
Yeah, I know. When I said "informative" in my original posting, I meant that it's clear now, that I'm stuck in namecheck. Especially considering that my wife's namecheck is complete. In other words, no need to check USCIS processing dates, this conference, trackitt.com etc. I'm going to relax and wait. I already have changed job using AC21. Not a big deal as soon as the new company is ready to take care of all this paperwork.
Click to expand...


Did you use AC21? Or, just transfering your visa to the New Comapny?
I'm planning to change my job using H-1B transfer (in order to be in a safe side) although I can use AC21.
Now I would like to know should I wait until my visa get transfered then join the New Co. or with the USCIS Reciept I'm safe too?



Any insight would be really appreciated!
Can'twaitanymore
I-485 filed July18, 06
Second EAD & AP applied 05/11/07
 
Last edited by a moderator:
can'twaitany said:
Did you use AC21? Or, just transfering your visa to the New Comapny?
I'm planning to change my job using H-1B transfer (in order to be in a safe side) although I can use AC21.
Now I would like to know should I wait until my visa get transfered then join the New Co. or with the USCIS Reciept I'm safe too?



Any insight would be really appreciated!
Can'twaitanymore
I-485 filed July18, 06
Second EAD & AP applied 05/11/07
Click to expand...

I think it's a sort of mixing things up: I had transferred visa to a new company, and then new company lawyers have sent a AC21 letter to USCIS saying that I had I-140 approved, I-485 was pending more than 180 days and therefore they would be replacing the original sponsor with no need to restart the process. No RFE so far.
 
dstu, Thanks for the quick response!

Just wondering whether you waited until your H-1B get transfered then you joined the New Co. or once you recieved the USCIS reciept you joined them? Because, some people say we can join the New Co. with the EAC #.

How long H-1B transfer did take?

I guess you have done a right thing.
 
Last edited by a moderator:
Because, some people say we can join the New Co. with the EAC #.
Click to expand...

By AC21 you can begin at a new H1 sponsor the moment the I-129 is submitted.

There really is no such thing as an H1 transfer. You are simply getting a new H1 sponsor. Period. And Ac21 allows you to start with that sponsor immediately.

Now, there is such a thing as GC sponsorship transfer, that is the portability provision of AC21 with regards to I-140/I-485. There is no 'official' method to notify CIS that you are changing GC sponsor. Some wait for RFE, some send letter. In either case, you may begin working immedietley, since you likely have a valid EAD at that point, and were already using it.

So when moving from one firm to another using AC21, you are either doing
H1 -> H1 (only wait for receipt),
H1 -> EAD (wait for EAD if you dony have one), or
EAD ->EAD (immediate start)
 
Thanks! In fact, I don't want to use my EAD

in order to join the New Co. I just want to use my H-1B visa which is valid until Sep.09 and after I joined them I'll send a Verification Letter to USCIS for changing my sponsorship.

I don't want to use my EAD in case if something happen to my I-485 approval.


Please correct me if I'm wrong.
 
Is it mandatory to submit a letter related with AC-21 to USCIS? How big is the chance to get RFE if one does not submit AC-21 letter when the employer is changed during I-485?
can'twaitany said:
in order to join the New Co. I just want to use my H-1B visa which is valid until Sep.09 and after I joined them I'll send a Verification Letter to USCIS for changing my sponsorship.

I don't want to use my EAD in case if something happen to my I-485 approval.


Please correct me if I'm wrong.
Click to expand...
 
Bases on my knowledge, it's not mandatory

but It's better to send it.
Don't know about RFE chance, I have recieved my RFE back in Oct 06 in regards to Employement Letter and responded at that time.
 
can'twaitany said:
in order to join the New Co. I just want to use my H-1B visa which is valid until Sep.09 and after I joined them I'll send a Verification Letter to USCIS for changing my sponsorship.

I don't want to use my EAD in case if something happen to my I-485 approval.


Please correct me if I'm wrong.
Click to expand...

You are fine using H1 -> H1.


As to the sponsor verification letter, it is not mandatory, but is good practice.

Not sending it requires one to be SUPER vigilant in answering any RFE, since that will likely be sent to a lawyer for the firm you are no longer with. It is quite possible to miss this letter, and then have old firm reply that they aren't sponsoring you anymore.
 
More info on FBI backlog

There were several recent approvals for 2 to 2.5 years-old cases. It is so my guess that FBI is currently processing backlogged namechecks from the beginning of 2005. Yes, I know some people wait longer, but we do see some approvals from that time both here and on trackitt.

To add more info, I recently found a copy of testimony by MICHAEL J. MAXWELL, former Director of the Office of Security and Investigations at USCIS before U.S. HOUSE OF REPRESENTATIVES - http://judiciary.house.gov/media/pdfs/maxwell072706.pdf . It is extremely educational document, from a high manager at USCIS who is no longer afraid to tell the truth about his former employer. It appears that USCIS is full of chaos and their managements prohibits some internal investigations. For example, according to the testimony, USCIS has internal application that allows entry of nearly any approved application without going through filing or signing of the application, data entry, paying fees, adjudication, background checks or audit... Go figure if some people enter approved application for... should we call it a "fee"?... especially with a Deputy District Director arrested for falsifying naturalization documents.

Besides other interesting details, the author discloses additional info on FBI name check backlog:

--- When I briefed the Subcommittee last September (2005), the FBI’s name check backlog stood at about 170,000. As of May 2006, the backlog had grown to almost 236,000. USCIS reported that about 65 percent of these had been pending for more than 90 days, while the other 35 percent had been pending for more than one year.

For all stuck in USCIS, I highly recommend this reading. An excellect example of how bureaucracy works in USA...
 
Last edited by a moderator:
Thanks nelsona! How similar the Job Tilte and

Job Description should be in changing the Job? What about Salary?
My Job Title is not exactly the same but it's in the same field with 75% similar to LC and my Salary would be jumping from 55K to 85K.
Is it going to create an issue?
 
can'twaitany said:
Job Description should be in changing the Job? What about Salary?
My Job Title is not exactly the same but it's in the same field with 75% similar to LC and my Salary would be jumping from 55K to 85K.
Is it going to create an issue?
Click to expand...

A lawyer would need to evaluate. The job is the key, not salary
 
and it continues....

I called congressman's office and was surprised to hear that my name check has been completed as of June 1, 2007. The case was not assigned to any rep. yet. To all the gurus, any estimates/guesstimates on how long would it take to go through the final stretch?

I hope the congressman's office gave me the correct information.
 
Good news for you! It's hard to say how long

but since your NC is cleared you should be hearing from USCIS anytime from now.
BTW...Which congressman did you call? Are in NY?
 
dreamer_ny said:
Thanks for the quick reply.

I called Steve Israel's office
Click to expand...

Why would you bother a congressman for a case that was filed only 7 months ago?? No wonder they get nothing done in Congress. he didn't tell you anything that you could not have found out from USCIS.

Your case is progressing at a normal pace. As long as visa numbers don't run out before October, you should have your GC by the end of summer.
 
went to local office with info pass . THe lady is nice and told security check are clear , said it all looks good , ready and in Queue. Told there are huge number of cases in queue that are ready , could not find out where exactly this perticular one stands. Asked us to wait 15 min to call Lincon office to get information. After talking with Lincon office , she told same information about huge number of cases in line and it will be processed first in first out. could take 0 to 6 months to assign to an officer. then 0 to 90 days for the officer to review the case, it all not that quick.
 
go2roomshare

hi there, congrats on the clerance of name check. i just can't believe that your lady was so nice. she was even willing to call lincoln for you. the one i got chucked me out without giving anything other than "it is pending at lincoln". may i ask which local office you went to? thanks!

go2roomshare said:
went to local office with info pass . THe lady is nice and told security check are clear , said it all looks good , ready and in Queue. Told there are huge number of cases in queue that are ready , could not find out where exactly this perticular one stands. Asked us to wait 15 min to call Lincon office to get information. After talking with Lincon office , she told same information about huge number of cases in line and it will be processed first in first out. could take 0 to 6 months to assign to an officer. then 0 to 90 days for the officer to review the case, it all not that quick.
Click to expand...
 
can'twaitany said:
in order to join the New Co. I just want to use my H-1B visa which is valid until Sep.09 and after I joined them I'll send a Verification Letter to USCIS for changing my sponsorship.

I don't want to use my EAD in case if something happen to my I-485 approval.


Please correct me if I'm wrong.
Click to expand...


1. If you have left some years on your H1 visa then it is better to use H1 for joining new company. ie less than 6yrs count on H1

2. If you are beyond 6 yrs limit and only have extensions then it does not matter since if 485 is denied you loose your EAD/H1 on same day.

Hope this helps
 
mnhrdc said:
1. If you have left some years on your H1 visa then it is better to use H1 for joining new company. ie less than 6yrs count on H1

2. If you are beyond 6 yrs limit and only have extensions then it does not matter since if 485 is denied you loose your EAD/H1 on same day.

Hope this helps
Click to expand...
:confused:
Actually, your second point makes your first point incorrect. If your I-485 is denied and you have by then used up any remaining H1 time, you are finished, as you said. So, it would probably be better, if you still have H1 clock left, to go an EAD and save up your H1 clock for such an eventuality, which is counter to your first point.

Good try, though.:D
 
You must log in or register to reply here.
Top