Finally our I-485 has been approved (involved recapture of PD, multiple I-485 filing and 485 transfers)… Here are the details
Jan 2002: Applied LC from my previous employer based out of OHIO in EB3 Category using RIR. This LC got transferred to Backlog Center and finally approved from Philadelphia Backlog Center
June 2005: Applied for I-140 and I-485 based on the above mentioned LC. This was through my previous employer: This was applied at Nebraska
July 2005: Moved to my current employer, the PERM LC got approved in July itself and filed for I-140 and I-485 at VSC based on the PERM LC. This I-140 was under EB-2, this was filed in Vermont Service Center
So at this time we have 2 pairs of 485 pending one each in VSC and NSC.
October 2005: I-140 from the previous employer was approved. It was under EB-3 with a PD of Jan 2002.
November 2005: I-140 from my current employer got approved, in EB2 with a PD of July 2005
November 2005: June 2006:
Send numerous mails to USCIS asking them to recapture the old PD for the EB-2 I-140 (theI-140 from my current employer). Absolutely no response
July 1st week 2006:
Called VSC using POJ method, got a very good officer and he asked me for all the details like the receipt number for both I-140, 485 etc and asked me to call him back in 2 weeks (I forgot his name)
July 20 2006
I-140 from my current employer the EB-2 was amended to update the PD from July 2005 to Jan 2002 and transferred the pending 485’s from VSC to NSC
So now we had both the sets of 485 pending in NSC itself.
August 2006
Received RFE for the I-485’s which was originally filed in NSC, the ones which were linked to my previous employer’s I-140 the EB-3.
We responded to the RFE giving all the details (the RFE was for medical test for both of us) and ALSO asked NSC to withdraw the I-485 that was pending originally in NSC and pursue the I-485 which was transferred from VSC.
September 2006:
NSC messed up with the withdrawal. They withdrew the 485 which was transferred from VSC for my wife and for me the one which was originally filed in NSC.
October 2006
Contacted Senator Clinton’s office for help with the petitions and got a response that both our 485’s were pending in NSC due to NAME CHECK.
November 2006: April 2007
Tried all the methods to get the Name Check Cleared including
1. Writing to
a. President
b. Vice President
c. All senior executives in FBI
d. First Lady
e. Both Senator ‘s from NY
f. Our Congressman
2. FOIA report from FBI
Got response from VP/Senator and Congressman’s office saying they cannot help, it will take time.
April 3rd week 2007
Got the response from FBI Name Check Unit Chief that Name check for my wife has been completed.
April last week 2007
Faxed a copy of the letter from FBI to our Congressman’s office and asked for help with USCIS, his office called me back the same day saying no VISA available. It seems NSC was considering my 140 under EB3 and not EB2. Gave all the details to the Congressman, his office contacted NSC again. Congressman’s office got a reply from NSC saying that an action would be taken in 30 days.
May 3rd 2007: The 485 for my spouse which was transferred from VSC, which had a message saying “this petition was withdrawn on this date …..” was changed to “This petition is now pending at NSC”
May 4th 2007: Received magic emails that both 485’s has been approved, it was the 485’s which were transferred from VSC to NSC (Not sure when my Name Check was cleared)
May 11th 2007: Received the plastic cards.
I took the time to write the above to help anyone else who might be on the same page. Also for all those who was stuck, keep on trying your day will come, never never give up.
Jan 2002: Applied LC from my previous employer based out of OHIO in EB3 Category using RIR. This LC got transferred to Backlog Center and finally approved from Philadelphia Backlog Center
June 2005: Applied for I-140 and I-485 based on the above mentioned LC. This was through my previous employer: This was applied at Nebraska
July 2005: Moved to my current employer, the PERM LC got approved in July itself and filed for I-140 and I-485 at VSC based on the PERM LC. This I-140 was under EB-2, this was filed in Vermont Service Center
So at this time we have 2 pairs of 485 pending one each in VSC and NSC.
October 2005: I-140 from the previous employer was approved. It was under EB-3 with a PD of Jan 2002.
November 2005: I-140 from my current employer got approved, in EB2 with a PD of July 2005
November 2005: June 2006:
Send numerous mails to USCIS asking them to recapture the old PD for the EB-2 I-140 (theI-140 from my current employer). Absolutely no response
July 1st week 2006:
Called VSC using POJ method, got a very good officer and he asked me for all the details like the receipt number for both I-140, 485 etc and asked me to call him back in 2 weeks (I forgot his name)
July 20 2006
I-140 from my current employer the EB-2 was amended to update the PD from July 2005 to Jan 2002 and transferred the pending 485’s from VSC to NSC
So now we had both the sets of 485 pending in NSC itself.
August 2006
Received RFE for the I-485’s which was originally filed in NSC, the ones which were linked to my previous employer’s I-140 the EB-3.
We responded to the RFE giving all the details (the RFE was for medical test for both of us) and ALSO asked NSC to withdraw the I-485 that was pending originally in NSC and pursue the I-485 which was transferred from VSC.
September 2006:
NSC messed up with the withdrawal. They withdrew the 485 which was transferred from VSC for my wife and for me the one which was originally filed in NSC.
October 2006
Contacted Senator Clinton’s office for help with the petitions and got a response that both our 485’s were pending in NSC due to NAME CHECK.
November 2006: April 2007
Tried all the methods to get the Name Check Cleared including
1. Writing to
a. President
b. Vice President
c. All senior executives in FBI
d. First Lady
e. Both Senator ‘s from NY
f. Our Congressman
2. FOIA report from FBI
Got response from VP/Senator and Congressman’s office saying they cannot help, it will take time.
April 3rd week 2007
Got the response from FBI Name Check Unit Chief that Name check for my wife has been completed.
April last week 2007
Faxed a copy of the letter from FBI to our Congressman’s office and asked for help with USCIS, his office called me back the same day saying no VISA available. It seems NSC was considering my 140 under EB3 and not EB2. Gave all the details to the Congressman, his office contacted NSC again. Congressman’s office got a reply from NSC saying that an action would be taken in 30 days.
May 3rd 2007: The 485 for my spouse which was transferred from VSC, which had a message saying “this petition was withdrawn on this date …..” was changed to “This petition is now pending at NSC”
May 4th 2007: Received magic emails that both 485’s has been approved, it was the 485’s which were transferred from VSC to NSC (Not sure when my Name Check was cleared)
May 11th 2007: Received the plastic cards.
I took the time to write the above to help anyone else who might be on the same page. Also for all those who was stuck, keep on trying your day will come, never never give up.
