FP notice received

N

nrsesh

Registered Users (C)
We are confused. Our 2nd 485 based on LC filing dt is Aug 30 2004. Just received FP for 4/1/2005. Is it by mistake or they handling 2004 485 cases? I understand nowadays if USCIS is ready to process the case then they will send for FP. Is it true? If yes is anyone out there got 485 approvals filed during/after Jul/Aug 2004. Would appreciate thoughts on this.

2 485s and 2 different lawyers hired by company and really confused. Now what happens becasue of 2 pending 485s. Do they go by the latest or do they decide what ever they think is right or do they call for an interview. Only one employer involved in this whole process...Thanks for every ones patience to read this confusion.

Thanks
NR
PD May 2003 - EB2 India, Labor AD Apr 2003
I140 approved Jul 2004
485 ND 8/30/2004
FP due on 4/1/2005

NIWI140 & 485 based on J1 ND Jan 2003
NIW 140 AD Feb 2004
1st FP done May 2003
485 further docs submitted Nov 2004. Completing 5 yr obligation Dec 2005.
 
Anything can happen in TSC. Hope you will get approval soon. But per my understanding, your FP for 4/1/2005 is most likely for your I-485 filed in 2003, namely 2nd FP. If so, you are on your way to get your GC. If not, it may take a while to get your GC. Good luck!
 
Thanks NCR for your reply.
Actually the FP is based on the 2nd set of 485. FP notice has the 485 src number reference. May be as you said anything can happen with TSC.
Thanks
NR
 
I feel you might get into trouble by having te\wo 485 pending.
Usually you can have multiple 140s and they are fine. But for 485, you can
only have one at a time. But you can argue that you don't know which 140 will be approved when you concurrently filed your 485. But you might need to withdrw one 485.
If TSC found out this situation, it might furthur delay your case by sending them to local or by sending refs... Or if you are lucky, you might get two GCs.

Just my personal opinion, you should talk with your lawyer....
 
I understand you can have 2 485 at same time if one of the 485 is self petitioned and the second based on LC. TSC is aware of this and also have my A # linked properly. As a physician one can file self petition for NIW etc... that is how I landed with 2 485s which is based on the lawyers advise. I hope this wont get me trouble.
Only I have to wait and see what next.
thanks
NR
 
You can not have two 485s pending!!!

I had two I-140s approved and then came to know that you can file only one I-485. If you file both it is illegal and there is chance that both get disapproved.
 
Early FP is good for nothing.

Getting early FP is hasle. I too got early FP two years back (immediately after I filed for I-485) and that one now got expired. After two years, now I have second FP notice.
 
Well I did checked with lawyers that by law one can have 2 485s at any time and there is nothing preventing. Let us see what it means to 2 485s from USCIS point of view. I may be wrong or not.

I do know another physician was in similar situation with 2 485s when the FP was done based on the LC 485 his approval came in 10 days and no interview etc, etc.. so I am keeping my fingers crossed.

Really interesting for a debate now!!!!!
Thanks
NR
 
the problem of 2 485's is with many physicians. I know of many friends in the same situation. i have one 485 thru NIW (RD 1/03, nofp) and the seccond 485 thru LC (RD 1/04, FP 3/26/05). Ihave gone thru an attorney.

Since I needed a EAD for my wife we had to go for the NIW 485. On top of it LC based 485 waiting perioid has been so long, my lawyer recomended we can go thru both process and go with the one which gets approved first. Though we have to wait for 5 yrs for NIW 485 to be processed.

From what infer from the jan 05 INS Memo( says 2 485's is one of the criteria for tranfer), we may risk of the case being tranfered to local offices.
 
cody
yes we both are in same boat. Niw filing date is also same but LC 485 mine is Aug 04. What do you think of us getting FP now for Aug 2004 is it a mistake or real.
And also if USCIS is really wants to adjudicate mine as well yours , will they make us wait till the end of 5 years or if they are ready to process based on LC will they adjudicate ? Just a thought.
thanks
NR
 
i have one more friend who recieved FP this month(RD 8/03). since our LC is EB2 ( to be optimistic) they may be looking at our cases.
 
I also feel the same way. May be before eb2 goes into retrogression(lot of rumors) USCIS may be catching up with PD.

Also the latest report on immigration addressed to congress says USCIS is handling "all types of cases wherever the immigration benefits are available and who ever is eligible",looks to me they are processing irrespective of date of filing. If I remember lots of people have got approvals filing dates ranging from Jan 04 - May 04. Understand from the report USCIS wants to acheive the 6 months processing for immigration benefits. Let us hope for the best and be optimistic.
thanks
NR
 
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