I-485 assistance pls...

R

ramsaiin

Registered Users (C)
Hello Senior(s), Other Experts,

Can you please clarify my questions:

Based on Oct 2009 Visa bulletin: My priority date shall become current. Though I understand that not all applicant's whose priority date falls before the cut-off date per Oct'09 bulletin get cleared!. But just assuming my case get's cleared. Please answer my queries below based on the assumption that my case get's cleared.

My current status: Background info as below:
  • Priority date - Jan 18, 2005
  • I-140 cleared; I-485 pending since Aug 2007.
  • Per NSC center timeline: As of June 30, 2009 processing I-485 dated Sep 15, 2007;
  • I read in some forum that NSC center pre-adjudicated few to many I-485 cases; This I could observe in my USCIS case-status; My file was last opened on Mar 31, 2009: No RFE so far, so something was updated in my file.
  • My AP expired on Aug/Sep 2009.
  • My H1B valid until Jan 2011.
  • I relocated to India in Jan 2009. Working for the same company (MNC) in their India location. Due to personal reasons, I had made this arrangement on my own.
  • My company/boss would support my case, as and when my GC get's approved.
  • My dependents - Spouse holds H4 valid until 01/2011; Kids are US citizen.

My queries:
1) Who will receive the GC approval doc (my attorney office or my address in record with USCIS)?
2) As my AP expired, can I travel using my H1B (valid until Jan 2011) and enter US?
3) Can my attorney's office, mail me the approved GC petition to my Indian address & I can carry them with me & show as a proof at POE?
4) Will my immigrant process gets completed @ POE (or) I need to visit a local immigration office to finish the immigration formalities?
5) Will I face any issue by any means @ POE for the scenario mentioned above?
6) How soon, should i plan to travel US from India after knowing the fact that my immigrant petition is approved? Any timeline?

Thanks for your kind assistance.
Best Regards.
Ram
 
Any assistance plz for the queries...

Hello Forum Members.

Any assistance for my questions posted earlier is appreciated.

Thanks for your time.
Best Regards.
Ram.
 
ramsaiin said:
Hello Senior(s), Other Experts,

Can you please clarify my questions:

Based on Oct 2009 Visa bulletin: My priority date shall become current. Though I understand that not all applicant's whose priority date falls before the cut-off date per Oct'09 bulletin get cleared!. But just assuming my case get's cleared. Please answer my queries below based on the assumption that my case get's cleared.

My current status: Background info as below:
  • Priority date - Jan 18, 2005
  • I-140 cleared; I-485 pending since Aug 2007.
  • Per NSC center timeline: As of June 30, 2009 processing I-485 dated Sep 15, 2007;
  • I read in some forum that NSC center pre-adjudicated few to many I-485 cases; This I could observe in my USCIS case-status; My file was last opened on Mar 31, 2009: No RFE so far, so something was updated in my file.
  • My AP expired on Aug/Sep 2009.
  • My H1B valid until Jan 2011.
  • I relocated to India in Jan 2009. Working for the same company (MNC) in their India location. Due to personal reasons, I had made this arrangement on my own.
  • My company/boss would support my case, as and when my GC get's approved.
  • My dependents - Spouse holds H4 valid until 01/2011; Kids are US citizen.

My queries:
1) Who will receive the GC approval doc (my attorney office or my address in record with USCIS)?

--------------------Card will be sent to your address in US.2)
As my AP expired, can I travel using my H1B (valid until Jan 2011) and enter US?
----------------------Yes if you have valid H1 stamp of same employer who filed latest H1 for you and has job for you in US(keep employer letter with you and show if asked at POE).
3) Can my attorney's office, mail me the approved GC petition to my Indian address & I can carry them with me & show as a proof at POE?
----------------------Lawyer may get I-485 approval notice and he can mail it to you in India. Card will not be sent to lawyer office.
4) Will my immigrant process gets completed @ POE (or) I need to visit a local immigration office to finish the immigration formalities?
-----------------If your GC is sent to your US address then your friend or relative can collect your Card and can give it to you in India and at POE show your Card. if I-485 gets approved and no Card is made and you enter US then at POE they will admit you and will inform you what to do. if Card is not sent then you can visit local USCIS office with I-485 approval reciept and Local USCIS will stamp the passport.
5) Will I face any issue by any means @ POE for the scenario mentioned above?
------------------ If one has valid AP or valid H1 then they admit the person to US and they know from the system that your I-485 is approved .
6) How soon, should i plan to travel US from India after knowing the fact that my immigrant petition is approved? Any timeline?
----------------Check the online status of your I-485. once you note that your I-485 is approved enter US so that you get your Card on your US address.
Thanks for your kind assistance.
Best Regards.
Ram
Click to expand...
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Re:

Hello Ginnu,

Thanks for your detailed response.

I was under the impression that once I-485 is approved, USCIS sends only the I-485 Approved petition and I need to visit a local USCIS office (or) @ POE need to complete the immigrant formalities to have the Green card issued & get my Passport stamped.

So does USCIS approve the petition (i-485) and also issue card simultaneously (meaning green card goes to production after I-485 petition approval without completing any immigrant formalities- much similar to EAD approval)??
If so, the only pending activity from my end would be get my PP stamped? Is that right understanding.

Please clarify.
Regards.
Ram.
 
ramsaiin said:
Hello Ginnu,

Thanks for your detailed response.

I was under the impression that once I-485 is approved, USCIS sends only the I-485 Approved petition and I need to visit a local USCIS office (or) @ POE need to complete the immigrant formalities to have the Green card issued & get my Passport stamped.
-----------------------At this time if USCIS approve the I-485 then they send the card in 10-20 days and no need to visit local USCIS office.
So does USCIS approve the petition (i-485) and also issue card simultaneously (meaning green card goes to production after I-485 petition approval without completing any immigrant formalities- much similar to EAD approval)??
If so, the only pending activity from my end would be get my PP stamped? Is that right understanding.
-------------------- when you get card no need to get PP stamped.
Please clarify.
Regards.
Ram.
Click to expand...

----------------------------------
 
Re:

Thanks Ginnu for clarying the process.

Good to know that GC shall be forwarded in 10-20 days after I-485 clearance and that I do not need to visit any local USCIS office for completing the immigration process.

Is this a changed process from USCIS end (or) this been the process before: (no stamp needed in PP, no visit to local USCIS office to complete immg formalities, no immg process @ POE-for my specific case)?? If you could share the details, if any.

Thanks for all your valuable guidance.
Regards.
Ram.
 
ramsaiin said:
Thanks Ginnu for clarying the process.

Good to know that GC shall be forwarded in 10-20 days after I-485 clearance and that I do not need to visit any local USCIS office for completing the immigration process.

Is this a changed process from USCIS end (or) this been the process before: (no stamp needed in PP, no visit to local USCIS office to complete immg formalities, no immg process @ POE-for my specific case)?? If you could share the details, if any.
--------------------------Once I-485 gets approved then USCIS card production unit makes the card and sends the card. This is happening for the last 4-5 years.
Thanks for all your valuable guidance.
Regards.
Ram.
Click to expand...

---------------
 
Hi Ginnu, Jack and other good contributers to the forum,
I need assistance to a dilemma which may be related to my pending I485 which IO is saying -- waiting further review (no specific details given).

Brief info about I485:
My (and my spouse)PD is current now (EB2) until October 30 for now,
I485 RD: 07/02/2007, ND: 08/31/2007, FP: Oct/2007, LUD: Oct/2008.

My mother came to US for visit and left on last March/2009, however, here
I94 was not collected at airport when she left US.

So, I am wondering that may be the reason USCIS want to make sure that the visitor who was staying at same address which is with my I485, left at right time and didn't stay here illegally.

I want to actually clear all the doubts.

So, pl help me here --
How to make sure that USCIS has that info, where do I have to call. I have all the flight details of my mother when she left, and she probably saved the counter part of boarding pass.
I am concerned about that and thinking may be that is the reason they are waiting to get my I485 approval, until they are not sure about this case.

Thanks a lot and appreciated for your advices/comments/suggestions.

seeklabor.
 
seeklabor said:
Hi Ginnu, Jack and other good contributers to the forum,
I need assistance to a dilemma which may be related to my pending I485 which IO is saying -- waiting further review (no specific details given).

Brief info about I485:
My (and my spouse)PD is current now (EB2) until October 30 for now,
I485 RD: 07/02/2007, ND: 08/31/2007, FP: Oct/2007, LUD: Oct/2008.

My mother came to US for visit and left on last March/2009, however, here
I94 was not collected at airport when she left US.

So, I am wondering that may be the reason USCIS want to make sure that the visitor who was staying at same address which is with my I485, left at right time and didn't stay here illegally.

I want to actually clear all the doubts.

So, pl help me here --
How to make sure that USCIS has that info, where do I have to call. I have all the flight details of my mother when she left, and she probably saved the counter part of boarding pass.
I am concerned about that and thinking may be that is the reason they are waiting to get my I485 approval, until they are not sure about this case.

Thanks a lot and appreciated for your advices/comments/suggestions.

seeklabor.
Click to expand...

Can anybody tell from the above description, does(visiotor's I94 not collected when she left US) it impact our GC process...?

Thanks for your taking time and really appreciated!
 
seeklabor said:
Hi Ginnu, Jack and other good contributers to the forum,
I need assistance to a dilemma which may be related to my pending I485 which IO is saying -- waiting further review (no specific details given).

Brief info about I485:
My (and my spouse)PD is current now (EB2) until October 30 for now,
I485 RD: 07/02/2007, ND: 08/31/2007, FP: Oct/2007, LUD: Oct/2008.

My mother came to US for visit and left on last March/2009, however, here
I94 was not collected at airport when she left US.
------------------She was supposed to surrender her I-94 before departure from US. If she has that I-94 with her then she should explain on letter that she departed US on Month. Date…. She can send her I-94 to:
DHS-CBP SBU
1084 South Laurel Road
London, KY 40744
USA
Read the link:
https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752


So, I am wondering that may be the reason USCIS want to make sure that the visitor who was staying at same address which is with my I485, left at right time and didn't stay here illegally.
----------------------Her I-94 is not the delay for your I-485.

I want to actually clear all the doubts.

So, pl help me here --
How to make sure that USCIS has that info, where do I have to call. I have all the flight details of my mother when she left, and she probably saved the counter part of boarding pass.
-----------------------read the above link and explain on cover letter that she forget to give her I-94 when she departed US on month and date or her Flight info and send copy of her boarding pass, her I-94 to the address in US.
I am concerned about that and thinking may be that is the reason they are waiting to get my I485 approval, until they are not sure about this case.
-----------------------That is not the reason for delay.
Thanks a lot and appreciated for your advices/comments/suggestions.

seeklabor.
Click to expand...

--------------------------
 
ginnu said:
--------------------------
Click to expand...

Thanks a lot Ginnu,
Yes, I found those info in their website. I am working on it.

My possible delaying for I485 approval, my lawyer said that since mine was filed to NSC as per instruction at that time, and but they transferred to TSC and got receipt date July 2nd, 2007 and notice date 08/31/07, but online status says received on 08/30/07, to TSC its receipt date is 08-31-07.

Is that possible...?,
and lawyer said that since its transferred to TSC, its put behind the line than those who filed july 2nd directly to TSC, so its delaying and going to get within a month...?
I have nothing coming as any good explanation for such delay, many people of my priority date (12/2004) are getting approvals (congratulations to them!).
Thanks again for your response Ginnu.
 
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