Finally received 485 approval notice (had filed Writ of Mandamus)

santosh_30

Registered Users (C)
Hi All:

I am writing after a long time. Today I received my 485 appoval notice after being in this country for 12 years and ~4.5 years after filing labor certification.

A short message for now is:

FILE WRIT OF MANDAMUS IF YOU ARE STUCK IN NAME CHECK IF ALL THE FOLLOWING CONDITIONS ARE MET
-Stuck in name check for more than one year
-past processing date for 485
-priority date is current
-you can show that you have taken necessary steps to expedite name check but to no avail (e-mails/faxes/letters to FBI, to Senators, to Congressman, to respective service center, to Ombudsman, results form FOIPA request show no records, taking infopass appointment).

It cost me ~ $2850 ($2500 lawyer fees, $350 filing fees). I am sure this is a great bargain when one factors in the cost of worry, headache, helplessness, exploitation. This can easily be recovered by the increased ability to bargain at your current job or a new job, ability to get education and change jobs freely, etc. etc. And of course there is the boost in confidnce which is priceless.

I will be glad to provide contact info (by private message) for my Writ of Mandamus attorney who was of tremendous help. I will also try to answer questions. I suggest you post questions in main thread so everyone can learn from the Q&A.

Here is my case history

EB2 RIR CSC Center Concurrent Filling, Own Labor

Priority date: May 2002

I140/I485/EAD/AP RD: 04/14/2005
I140/I485/EAD/AP ND: 04/19/2005

I-485
LUD 04/25/05, 6/20/05*,6/22/05*,6/24/05# ,7/6/05?, 7/14/05*,7/22/05**,8/22/05*,8/23/05*,8/27/05****,9/8/05^,9/21/05^^^,12/28/05^^^^
1/6/06(??), 10/31/06*, 1/9/07", 1/12/07""

I-140
LUD 04/25/05 , 6/22/05*, 8/17/05***,9/19/05^^,Approval e-mail on 9/20/05

I-131 LUD 05/31/05, Received on 6/6/05

I-765 LUD 05/19/05, Received on 5/27/05

FP ND: 6/23/05, Received: 6/30/05, Scheduled date: 7/8/05
Early FP: 7/5/05 (Code ??)

Applied for and received new Advance Parole and EAD for year 2006.

Filed Writ of Mandamus on Wednesday, Oct 11th 2006
Name check cleared around November end 2006

Second FP ND: 12/24/05, Received: 12/29/05, Scheduled date: 1/5/07
Early FP: 1/2/2007 (Code 1)

485 approval notice mailed on 1/9/07
485 approval notice received on 1/12/07

Green card mailed on 1/12/07
Waiting for green card

__________________________________________________
* LUDs due to inquiry
# FP notice sent out?
**RFE
***???
****Received documents for RFE mailed on 8/26/05
^LUD for RFE receipt
^^Most likely acted upon inquiry on reasons given for not processing I-140
^^^When I told 485 dept abt 140 dept telling me that name chk came back with hit
^^^^Replied to my request for information made through their CS dept
"485 approval notice mailed
""Green card mailed
 
Congratulation santosh_30!

Congratulation santosh_30!

Enjoy freedom! Your dramatic story and information will be very helpful to me and many other folks.

EB2 TSC
I-140 RD 10-11 AD 10-20(premium processing)
I-485 RD 10-11 AD ?
FP done 10-31
Infopass 1-12 Background check pending
 
santosh_30 said:
Hi All:

I am writing after a long time. Today I received my 485 appoval notice after being in this country for 12 years and ~4.5 years after filing labor certification.

A short message for now is:

FILE WRIT OF MANDAMUS IF YOU ARE STUCK IN NAME CHECK IF ALL THE FOLLOWING CONDITIONS ARE MET
-Stuck in name check for more than one year
-past processing date for 485
-priority date is current
-you can show that you have taken necessary steps to expedite name check but to no avail (e-mails/faxes/letters to FBI, to Senators, to Congressman, to respective service center, to Ombudsman, results form FOIPA request show no records, taking infopass appointment).

It cost me ~ $2850 ($2500 lawyer fees, $350 filing fees). I am sure this is a great bargain when one factors in the cost of worry, headache, helplessness, exploitation. This can easily be recovered by the increased ability to bargain at your current job or a new job, ability to get education and change jobs freely, etc. etc. And of course there is the boost in confidnce which is priceless.

I will be glad to provide contact info (by private message) for my Writ of Mandamus attorney who was of tremendous help. I will also try to answer questions. I suggest you post questions in main thread so everyone can learn from the Q&A.

Here is my case history

EB2 RIR CSC Center Concurrent Filling, Own Labor

Priority date: May 2002

I140/I485/EAD/AP RD: 04/14/2005
I140/I485/EAD/AP ND: 04/19/2005

I-485
LUD 04/25/05, 6/20/05*,6/22/05*,6/24/05# ,7/6/05?, 7/14/05*,7/22/05**,8/22/05*,8/23/05*,8/27/05****,9/8/05^,9/21/05^^^,12/28/05^^^^
1/6/06(??), 10/31/06*, 1/9/07", 1/12/07""

I-140
LUD 04/25/05 , 6/22/05*, 8/17/05***,9/19/05^^,Approval e-mail on 9/20/05

I-131 LUD 05/31/05, Received on 6/6/05

I-765 LUD 05/19/05, Received on 5/27/05

FP ND: 6/23/05, Received: 6/30/05, Scheduled date: 7/8/05
Early FP: 7/5/05 (Code ??)

Applied for and received new Advance Parole and EAD for year 2006.

Filed Writ of Mandamus on Wednesday, Oct 11th 2006
Name check cleared around November end 2006

Second FP ND: 12/24/05, Received: 12/29/05, Scheduled date: 1/5/07
Early FP: 1/2/2007 (Code 1)

485 approval notice mailed on 1/9/07
485 approval notice received on 1/12/07

Green card mailed on 1/12/07
Waiting for green card

__________________________________________________
* LUDs due to inquiry
# FP notice sent out?
**RFE
***???
****Received documents for RFE mailed on 8/26/05
^LUD for RFE receipt
^^Most likely acted upon inquiry on reasons given for not processing I-140
^^^When I told 485 dept abt 140 dept telling me that name chk came back with hit
^^^^Replied to my request for information made through their CS dept
"485 approval notice mailed
""Green card mailed

you are saying that we shouldn't file a WOM before 1 yr elapsed on the i485. why 1 yr not directly after ur RD get passsed due the official time. for example, nowadays TSC is supposed to process the I485 in 6 months, what if ur case was pending for 8 months, can u file a WOM at that time?

I just wana know from where u got the 1 yr thing?
 
Why should we wait till one year? Because that is what was the general period that was "considered" to be normal almost an year ago. Some people ask why to wait for one year if 485 processing period is ~ 6 months. But USCIS typically takes the stand that namecheck process is indpendent of 485 process and doe not take resposnsibility for FBI dealys.

You can always try to ask the WOM lawyer if 6 months is enough of a wait. And if he says yes, you can go ahead and file.

I will send the lawyer contact to those who have PMed me by Wednesday.

Santosh
 
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