Consolidated NSC I-485 Tracker

My name check got stuck, I just passed 180 days of I-485 RD and have to change my job

to a different Co. in the same field.
My LC is "RF Engineer" but the position I've been offered is "Project Manager of RF Engineering" and both are in the same field (Telecom.).
- New position is with 30K more Salary than LC and just wondering if this would be an issue or not?
- What is going to be happen if I transfer my H-1B to new Co.? My I-485 still would be valid? Or, do i need to start from scratch?

Any insight would be really appreciated!
 
Getting a higher salary in your new position should not be an issue. But I believe your new job description would be different than the one that your LC is filed for. So this would disqualify you from using the old LC in the new position. So, you would need to start from scratch. If you have at least 1 year of H1B available from the first six year period, then you may want to give it a try and join the new position and do the GC processing from Perm LCA. But if you have crossed 5 years in the first 6 year of H1B period, then my suggestion would be to wait until you get GC from your current job. You may want to explain this to your new employer and ask him if the new position would be able to wait for you until you get the GC.

can'twaitany said:
to a different Co. in the same field.
My LC is "RF Engineer" but the position I've been offered is "Project Manager of RF Engineering" and both are in the same field (Telecom.).
- New position is with 30K more Salary than LC and just wondering if this would be an issue or not?
- What is going to be happen if I transfer my H-1B to new Co.? My I-485 still would be valid? Or, do i need to start from scratch?

Any insight would be really appreciated!
Click to expand...
 
can'twaitany said:
to a different Co. in the same field.
My LC is "RF Engineer" but the position I've been offered is "Project Manager of RF Engineering" and both are in the same field (Telecom.).
- New position is with 30K more Salary than LC and just wondering if this would be an issue or not?
- What is going to be happen if I transfer my H-1B to new Co.? My I-485 still would be valid? Or, do i need to start from scratch?

Any insight would be really appreciated!
Click to expand...


guys - I know we are all trying to help. But we should qualify our answers.

venram - what you are saying is not accurate. And yes, we all make mistakes, I am sure I have made some myself, but we can't post and at least qualify as opinion or our understanding.

AC21 allows you to change jobs after your i-485 has been pending for more than 180 days. USCIS states that the new job should be the "same or similar". The title itself is not that important. You need to look at a couple things:

- Is the job description in your LC "same or similar" to your new position
- look at the ONET code in your LC and look at that description and see if the new position still fits this ONET code.

If both of these things are true, then you can leverage AC21 to switch jobs.

USCIS has also stated that salary alone should not be used to determine job similarities so as long as you prove the above the salary descrepancy should not be a problem.

The following link should help you with your question:

http://www.immigration.com/newsletter1/newac21guidance.pdf
 
Job Title in your particular case is going to be an issue.
If you are really up for a change, take the job but request a different title like Principal or Senior RF engineer. You can justfy same job responsibility with the tag of engineer than manager.



venram said:
Getting a higher salary in your new position should not be an issue. But I believe your new job description would be different than the one that your LC is filed for. So this would disqualify you from using the old LC in the new position. So, you would need to start from scratch. If you have at least 1 year of H1B available from the first six year period, then you may want to give it a try and join the new position and do the GC processing from Perm LCA. But if you have crossed 5 years in the first 6 year of H1B period, then my suggestion would be to wait until you get GC from your current job. You may want to explain this to your new employer and ask him if the new position would be able to wait for you until you get the GC.
Click to expand...
 
Updated Tracker

I-485 NEBRASKA SERVICE CENTER TRACKER

Not the most exciting week....

nylc4yr - updated
ejad - added (APPROVED!)
dstu - updated



This will be a consolidated NEBRASKA SERVICE CENTER TRACKER. Post if you have filed I-485 in Nebraska regardless of date.

I will update the tracker every few days. Please do not update the tracker as this causes version control issues.

Please post the following information:

User name
Priority Date
Retrogressed (Y/N)
Country
EB-1 / EB-2 / EB-3
I-140 Receipt Date
I-140 Approval Date
I-485 Receipt Date
LIN number (LIN-YYDDD-XXXXX)
Finger Print Notice Date
Finger Print Appointment Date
I-485 Approval Date


Please note that this is NOT meant to be a I-140 tracker. Visit the I-140 Nebraska section for a comprehensive I-140 tracker. I am however capturing this information here since it is likely there is some relationship between I-140 approval and I-485.

For those of you that came from BEC and got to use that tracker, I think it was useful for all of us. Now please help build this tracker.

I will add reports once we collect enough records to make them useful.

Yes, I know trackitt.com exists and its great, etc., etc. I invite you to post there as well. Keeping a tracker here allows us to track and discuss as well.

Thank you everyone.

JustWatching
 
Since the update on Jan 17 NSC has gone back to their lazy and slow ways.
By looking at trackitt it seems like they are keeping up fairly OK with EB1s but for the rest that number they threw out (July 13) is complete nonsense.
JustWatching said:
I-485 NEBRASKA SERVICE CENTER TRACKER

Not the most exciting week....

JustWatching
Click to expand...
 
I received a written response to my service request. It took them 10 days to reply (from the day I called them to the day I received a letter). Of course, the delay is due to the pending background check... now pending for 8 months. They advise to check back again in 6 months.........
 
Did you get a LUD and/or email? Or it was just a snail mail?
igor_ch said:
I received a written response to my service request. It took them 10 days to reply (from the day I called them to the day I received a letter). Of course, the delay is due to the pending background check... now pending for 8 months. They advise to check back again in 6 months.........
Click to expand...
 
I received the response via USPS mail at my home address. There was no email. LUD last changed after the fingerprinting in mid-August. That LUD looks really pathetic, just like their whole system :rolleyes:

bcktcnd said:
Did you get a LUD and/or email? Or it was just a snail mail?
Click to expand...
 
can'twaitany said:
to a different Co. in the same field.
My LC is "RF Engineer" but the position I've been offered is "Project Manager of RF Engineering" and both are in the same field (Telecom.).
- New position is with 30K more Salary than LC and just wondering if this would be an issue or not?
- What is going to be happen if I transfer my H-1B to new Co.? My I-485 still would be valid? Or, do i need to start from scratch?

Any insight would be really appreciated!
Click to expand...
May be having both the titles, the "Project Manager of RF Engineering" as well as "[Senior] RF Engineer" would help. What JustWatching said earlier and having both the titles should help. Consult your Attorney as it is very important.

Best of luck.
 
igor_ch said:
I received a written response to my service request. It took them 10 days to reply (from the day I called them to the day I received a letter). Of course, the delay is due to the pending background check... now pending for 8 months. They advise to check back again in 6 months.........
Click to expand...

igor,

can you please post the content of the letter? is the background check mentioned specifically in it? the response to my service request did not mention any background check (I will post it later, don't have it on me now).
 
Service Request Status - Comments Welcome

I received the written letter (snail mail) to my service request. The letter was dated as Jan. 19 (a day after my request) but arrived only on Feb. 5.

The status of your service request is:
Service records show that your case is still pending due to backlog of cases in our system. Because of this, your case has not been assigned to an officer and a decision has not been made yet. Your case is still active and you will be notified when a decision is made.

I have never seen this kind of response in the postings here. Granted, they will tell you anything to get rid of you, but no background check is mentioned. That seems to be consistent with what the officer told me during my infopass, that my background check is completed.

What do you guys think? What do they mean by "the case is still active"?
 
Last edited by a moderator:
Guys,

How do you request a written letter from NSC? My case got RFE and I replied on Dec 7th, I called the 1-800 today and spoke to decent officer who told me that the internet status message which states the 60 days rule after the RFE is not correct and the only way to know about status of pending case is through InfoPath or requesting a written letter from the Service center. He told me to call the same 1-800 number but with different option, do you guys know what option should i used? Or how to obtain the letter?

thanks for your help.



green ocean said:
I received the written letter (snail mail) to my service request. The letter was dated as Jan. 19 (a day after my request) but arrived only on Feb. 5.

The status of your service request is:
Service records show that your case is still pending due to backlog of cases in our system. Because of this, your case has not been assigned to an officer and a decision has not been made yet. Your case is still active and you will be notified when a decision is made.

I have never seen this kind of response in the postings here. Granted, they will tell you anything to get rid of you, but no background check is mentioned. That seems to be consistent with what the officer told me during my infopass, that my background check is completed.

What do you guys think? What do they mean by "the case is still active"?
Click to expand...
 
GreenCard2010 said:
Guys,

How do you request a written letter from NSC? My case got RFE and I replied on Dec 7th, I called the 1-800 today and spoke to decent officer who told me that the internet status message which states the 60 days rule after the RFE is not correct and the only way to know about status of pending case is through InfoPath or requesting a written letter from the Service center. He told me to call the same 1-800 number but with different option, do you guys know what option should i used? Or how to obtain the letter?

thanks for your help.
Click to expand...

Call 1-800-375-5283, press 1-2-2-6-1 then enter your LIN number, press 1-3-3-1 and you'll be able to talk to a representative. Ask to initiate a service request.

hope this helps...
 
Background Check

we received a written reply for each of the two service requests - for me and my wife. My wife's status is - awaiting to be assigned to an officer. My status is - background check is incomplete. God help me.
 
Thanks guys for your insight! BTW...I have recieved a written response to

my inquiry and it's says: Your case has been pending due to background check and do not request again. (At least for 6 months)
- Regarding to the new position, it's not really easy to change the Title or having 2 Title since it's a big organization. I know this is the rule, but logically it doesn't make any sense that after 7 years of applying for LC, we have to have the same position? Besides that, I've been working in this position (Project Manager) as a contractor for 2.5 years now and the client has offered me this job. It's Project Manager of RF Engineering, I might be able to include some of the LC job description into this new position but not sure if the classification for "RF Engineers" is different from "Project Manager of RF Engineering" in ONET!! I looked at the ONET but still is not clear for me how do they classify the Job Titles?
- I have renewed my H-1B for more 3 years after 6 six years and I good to go for another 2.5 years now with my H-1B.
I'm wondering if I use AC-21, am I going to have a problem in regards to renewing my EAD in case if I get RFE for my I-485?
What about if I transfer my H-1B and start from scratch and getting PERM LC approved and apply for I-140 with new Co., is there any issue of having 2 I-140? (In case of pending my current I-485)

Sorry guys for this long reply, please bare me since it's really hard to make a decision.
Thanks again
 
You are fine with the title as long as you have similar job description as mentioned in LC. My job title is Advisory IT Specialist, if you search it in the ONET you will not find but when DOL receives LC they assign the a classification code (OES/SOC Code)and that is based on your job description in my case DOL assigned OES/SOC Code: 15-1011, which is for a research scientist and that is also mentioned on the cover letter from DOL instead of my title of Advisory IT Specialist, my title at my company still Advisory IT Specialist, I don't think that is an issue as long as you have similar job Description.


can'twaitany said:
my inquiry and it's says: Your case has been pending due to background check and do not request again. (At least for 6 months)
- Regarding to the new position, it's not really easy to change the Title or having 2 Title since it's a big organization. I know this is the rule, but logically it doesn't make any sense that after 7 years of applying for LC, we have to have the same position? Besides that, I've been working in this position (Project Manager) as a contractor for 2.5 years now and the client has offered me this job. It's Project Manager of RF Engineering, I might be able to include some of the LC job description into this new position but not sure if the classification for "RF Engineers" is different from "Project Manager of RF Engineering" in ONET!! I looked at the ONET but still is not clear for me how do they classify the Job Titles?
- I have renewed my H-1B for more 3 years after 6 six years and I good to go for another 2.5 years now with my H-1B.
I'm wondering if I use AC-21, am I going to have a problem in regards to renewing my EAD in case if I get RFE for my I-485?
What about if I transfer my H-1B and start from scratch and getting PERM LC approved and apply for I-140 with new Co., is there any issue of having 2 I-140? (In case of pending my current I-485)

Sorry guys for this long reply, please bare me since it's really hard to make a decision.
Thanks again
Click to expand...
 
Have you guys notices that they have removed instructions on how to enquire about your case if it is outside of the processing times. no more number, not mentioning 30 days ... They have a link to some broshure that is totaly useles (doesn't cover 485 at all).

But they could be even more inefficient. They could deliver these status updates personaly instead of using snail mail. Just imagine those incompetent, slow moving and self important clerks, you see at fingerprinting and Infopasses, showing at your door and delivering the "top secret" news. :D The "security" sharade taken to a whole new level ...

Bottom line is that people at USCIS like backlogs. It is job security for them. They can even justify hiring more people so the 'tenured' slows can get seniority etc ...
 
A couple of days ago, I spoke to my friend, who works for FBI (not in the namecheck program). Well, there is no good news. Basically:
- they all know than namecheck program is really inefficient
- namecheck program is understaffed
- namecheck program employs very incompetent people
- anyone inside FBI trying to influence a namecheck (even if all they want is to speed it up) for a particular person, will get investigated and eventually will get fired...
- why don't they take money to expedite? because they're idiots...
 
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