Does INS really go thru your I-485 packet??

H1Blayoff

Registered Users (C)
I have seen several instances wherein the lawyer tries to send each and every document..in order to make the case strong. Say the case is filed today. May be the adjudicating officer looks at the case next year. But do they really look at the entire packet?? Thats my question. To prove it, your attorney gets an RFE saying that tax return(for e.g) are missing. But the truth is that TAX papers have already there in the packet.
  Now RFE means delaying the case for no reason and no fault of ours. Just wanted to know what other people think abt it.

Anyways to update this nice forum, I have filed my 485 three days back and waiting for the receipt.

Thanks everyone
 
I Guess

Some attorneys seem to be so foolish that they will not ask for complete documentation for filing. Even if asked, they will carelessly file the case without proper enclosures.

For eg: My colleague from a different parent company than me, filed his I-485 around Oct 2000, in EB2, in VSC. After 8 months, he got an RFE or something like that to submit all the H1 papers immediately. The reason for query is: INS noticed that he is in US with no proper Visa and is out of status. This is because, his company\'s attorney did not include his H1/H4 copies(including extension of H1 & H4 papers) in the packet while filing his I-485. But attorney has all the documentation. May be he is intended to delay the case and change the company.No one knows. After resending all these copies, he got approved in November 2001.

If there is any merger of your company with other or change of Company\'s name or Chnage of address for the company after one filed I-485, One can 100% expect RFE for employment letter and paystubs.

If no medical documentation, One can expect 100% RFE for medicals.

If the Birth Certificate doesn\'t contain both parents names, RFE comes up. If Birth Certificate doesn\'t contain the candidate\'s name, and is anot accompanied by affidavits from one\'s parents or grandparents, then also RFE is 100%.

There are some instances where some of filers here, who did not enclose the Tax returns while filing I-485 got approved. So don\'t know whether these are 100% needed for INS or not. I read about this in March approvals threads.

Even if the Pictures taken for EAD are not proper, then RFE may be issued for EAD and AP.

Also if there is any discrepancy regd the dates of birth of a family when compared to their respective passports, RFe may be issued. If home addresses of husband and wife are differently updated when compared to the AR-11 form sent by foolish attorney(updating INS about one of the persons in the family), then also RFE for address: Then one may have to send a copy of Driver\'s license or State-Id along with the copies of apt. lease papers. But it is not clear if one is living in friend\'s home, then what should be submitted in place of apt. lease copies.

So if you notice all these, there may be some employees of INS, whose job itself may be is to verify all the basic documentation for AOS and may keep the file ready for adjudication. During this process, file moves from shelf to shelf and room to room and then into the hands of Immigration officer. After assigning, Officer opens it and cross check once again, according to the comments written by other people through whose hands our filed went through. if everything is okay, he may finally check for Out-of-Status, Labour and I-140, if he did not find them he may request them again from those depts which may take some time and finally case will be adjudicated. So checking all the documents is 100% clear. But when they will check before or after assigning the case is not clear. Because file moves through different hands, different shelves and different rooms in INS.

Hope you got a clear picture.
 
Top