I-485 Cases Transferred from CSC to TSC Tracker

wexu79 said:
Hello members,

I have been following this forum for past few months and I have 2 questions which I hope someone can enlighten me if you:

Situation:
My husband is having a pending concurrent 140/485 from CST recently transfered to TSC. I am his dependent and have an expired L2 but a notice action with an extension of my L2. My husband is on L1A / EB1 category. I have 2 misdeamnor charges: one from shoplifting many years ago when I was in high school in US. My professor engaged a lawyer on my behalf in court and paid the fine. 2 years ago I got into a fight with my husband and we were both taken to county jail for FP and stayed in jail for a day. On both these two occassions, I obtained a discharge letter from DA office that I have no criminal history and my cases was discharged. I had said "yes" when we both file for 485. I have an approved AP and EAD (renewed twice already).

My questions:
1) Can my husband and I engage another lawyer to file for 140/485 again with the current one pending which is being done by my husband's company attorney? The reason why we contemplate this is we think my husband's attorney is not good enough and have been charing his company for his incomptent work. My friend is recommending her lawyer who has helped her and her many friends obtained GC. If the answer is "yes", what is the estimated timeline given my husband is under EB1 L1A visa holder?

You don't need to file new I-140/485, You can change the attorney on current application if you do not like the current one. Just submit a letter and form G-28.

2) My L2 on my passport expired Nov 2005 but I received an approved Notice of Action that stated my L2 is valid till Nov 2007. I have an approved AP. THe reason I dare not venture to Canada (Vancouver) for a visa interview and visa stamping is the fear factor the consular officer could opt not to stamp my visa even though I have an approved notice. My fear is because of the two incidents I mentioned earlier. Since I have an approved AP, am I correct to say I can travel out and back to US with only an approved AP even though my L2 visa on my passport has expired? I need to go home to attend some urgent personnel business and now I am worried sick over this.

If you are planning to use AP you don't need Visa stamp

Sorry for the long post. I appreciate if anyone can advise me on my predicament or point me to someone who can have the right answer for me.

THanks in advance.
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Hi GP111:

THanks so much for your prompt response. To your ans (Q1); what kind of letter? Do you know of any sample or if we intend to change lawyer our new lawyer will draft the letter? That means we cannot submit another fresh 140/485 as back-up? Has anyone changed lawyers from company paid to self paid lawyer? Is there a heavy cost to this?

I am sure glad to know I only need AP to travel. Now I can plan my trip home :)
 
wexu79 said:
Hi GP111:

THanks so much for your prompt response. To your ans (Q1); what kind of letter? Do you know of any sample or if we intend to change lawyer our new lawyer will draft the letter? That means we cannot submit another fresh 140/485 as back-up? Has anyone changed lawyers from company paid to self paid lawyer? Is there a heavy cost to this?

I am sure glad to know I only need AP to travel. Now I can plan my trip home :)
Click to expand...

There is no standard format for this letter. Its just a letter written by your new attorney to USCIS stating the he is taking over the applications as per attached two G-28s. Changing lawyers does not cost you much. Most lawyers will take over the applications with minimal cost.

You cannot file the same application for the same position till one is pending, you can file application for different position or different category if you want to.

Why file 2nd set ? Its an expensive option. Just change the lawyers & wait for interview call ( which you guys will get most likely because of two cases as you mentioned). go with proof of your discharge from both & you will get your green cards.
 
card received today

LC, CA, RIR EB2: 3/2003, PD 3/18/2003, Approval letter received 9/21/2005
140/485: RD 9/27/2005, ND 10/5/2005
FP: 11/2005
CSC--> TSC: 3/22/2006(140), 3/29/2006(485)
140 approval email: 5/16/2006
140 approval letter received 5/22/2006
485 900-days email: 5/23/2006 (self & wife)
485 approval email: 5/25/2006 (self), 6/1/2006 (wife)
485 approval notice received: 6/1/2006 (self)
email of new card order completed: 6/1/2006 (self)
card received: 6/3/2006 (self)
 
Green Card Received

Hi All,

My wife and I received the actual Green Cards today. Wow ! A long wait indeed for these two mails. We have been stressed out a lot during the GC process and I know thats the case with lots of folks here. Frankly, all I have is a sense of relief - no more status checking, paper filing, etc etc....dont even have the enthusiasm to celebrate.....

Interestingly, we still have not received the 485 approval notices (although got a mail saying that it was approved May 31st- the same day the actual cards were mailed ;-)

good luck to each of you,

I somehow think this grp got lucky with TSC. In my opinion, TSC is way faster than CSC.

buckleup1

PD - August 2002
LC approval - June 9 (but stuck in DBEC mailbox center till Sep 14th)
140, 485, ead, ap -RD 9/28/2005
EAD, AP - 12/2005 approvals
140 - May 12th approved (after CSC to TSC transfer in March)
485- May 22nd letter saying 850 days....May 26th email saying approved/cards etc....May 31st email saying 485 was approved.....
GC - actual cards received June 3rd
 
Last edited by a moderator:
Got a LUD.

I noticed a LUD change in our 485 cases today.
No message change (just the date got updated to 06/05).
 
I got emails which state "..On June 5, 2006, we mailed a notice requesting additional evidence or information in this case. ..", LUD changed to 6/5/2006
 
srignram said:
As a matter of fact one can change job with AC21,provided 140 approved and 485 is pending for 180 days.So one is free to change job immediately after 485 approved.Imagine a situation your green card just got approved or 140 approved but 485 is pending for more than 180 days and you got laid off what would you do?
Click to expand...

Wrong...USCIS interprets GC process as one for future PERMANENT employment with the employer who either "petitions for" or "inherits" your GC. The two may/may not be the same. Using AC21, you are essentially allowing another U.S. company to "inherit" your GC process. You can use AC21 multiple times, no issues, but once you get your GC, USCIS intends you to stay "permanently", or at least long enough to not raise a suspicion that your intent all along was fraudulent. Basically, the time you were employed with anyone before you got your GC doesn't count. The clock starts ticking from the moment your GC is approved.

If I were you, I'd wait for at least 8-12 months before moving, or at least ensure that I don't leave my previous employer very angry...so that he may petition USCIS to have my GC revoked because my intentions were fraudulent....
 
Waiting_LC_GC said:
Keep faith and fingure crossed.. I recd. 900 days msg on 05/22 and my PD was current for last 5 months. So, You will get good news very soon.
Click to expand...

My message also changed from 850-900 days to the "received" message with no LUD/e-mail. Funny, no activity for a while now...any new 485 approvals?
 
dabuk said:
Wrong...USCIS interprets GC process as one for future PERMANENT employment with the employer who either "petitions for" or "inherits" your GC. The two may/may not be the same. Using AC21, you are essentially allowing another U.S. company to "inherit" your GC process. You can use AC21 multiple times, no issues, but once you get your GC, USCIS intends you to stay "permanently", or at least long enough to not raise a suspicion that your intent all along was fraudulent. Basically, the time you were employed with anyone before you got your GC doesn't count. The clock starts ticking from the moment your GC is approved.

If I were you, I'd wait for at least 8-12 months before moving, or at least ensure that I don't leave my previous employer very angry...so that he may petition USCIS to have my GC revoked because my intentions were fraudulent....
Click to expand...


Basically, the whole GC process is to benefit employers...AC21 wasn't supposed to benefit you, but other employers who might be willing to hire someone, but are unwilling to hire a non-immigrant....
A layoff is a different issue, again it's company directed, so USCIS takes a lenient view....
Basically, if you keep in mind that an employment based GC is for the benefit of the employer and that benefit starts accruing only from the day the GC is approved, the whole thing begins to make sense....
 
CSC Xfer Cases - anyone got FP notice?

I485 3/23/2006
Xfer to TSC on 3/30/2006
LUD 5/22/2006.

We have not received Finger Print notice? Has anyone in a similar case got FP appointment? I see FP gets done within a month. Should I ask my attorneys?

Thanks
sure2get
 
485 Scanner

Does any one know how to run the I485 Scanner ?

Is perm_faq there ?
Thanks
 
485 Approved!!!!

Got an LUD on June 5 2006

This case has been approved. On June 6, 2006, an approval notice was
mailed. If 30 days have passed and you have not received this notice,
you may wish to verify or update your address. To update your address,
please speak to an Immigration Information Officer during business hours.
 
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