I485 (WAC-01-010-5XXXXX) Pending

I

inssucksforever

Registered Users (C)
It's a long story. Let me cut short and get to the point.

* LC filed (02/1998) in Vermont, approved 07/1998
* I-140 Filed (06/1999) in CSC under EB2, approved 09/2000
* I-485 Filed (11/2000) in CSC, still pending
* Got 3 EAD's and AP's so far
* Case was transferred to Retirement Center in 08/2001, thinking I left US and did not return. The reason for this confusion is I used H1B to reenter US, while having an active AP!!
* Case recalled to CSC from Retirement Center around 03/2002...
* 2nd FP completed 11/2002
* My lawyer keeps sending FAX Inquiries (LEVEL1,2,3)!!

WHAT DO U GUYS SUGGEST I DO??
 
I had to read your details twice to be sure of what I was reading.

Tell me something,
Have you called the NCSC number? What did they tell you?
 
Many times, Lawyer did speak to the officers, the last thing they told him, is they have sent an agency inquiry to VERMONT to recall the LABOR approval papers.
 
AP vs H1b while coming back

So if I have a valid H1B visa and also AP, and if i travel ouside US, then when i come back to US, should i come back on H1 or AP.
What are the pros and cons ?

It seems that if i come back on H1 then my case will be sent to retirement center ??
 
You are the big dady,

I can understand your pain, but unfortunately I can't help.
The only thing I can suggest go to CSC in person and ask them, talk to their supervisor. That's the only way you can expect something on your case.
 
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Originally posted by inssucksforever
Many times, Lawyer did speak to the officers, the last thing they told him, is they have sent an agency inquiry to VERMONT to recall the LABOR approval papers.
Click to expand...

I know this is gonna be no help, but you are already doing the best you can. Check into suiing the INS if you are over 999 days. In your case, litigation almost makes sense.

Try another thing, call NCSC everyday, and ask them for a status update. Even if they give you the same damn answer, try calling every single day.

Also, write letters, to senators, one a day. I know you've probably already done this, but dude .. keep at it, thats the only way out.
 
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inssucksforever

My story is a little bit longer ... LC filed in 01/1998 from FL.

when did you get the Vermont Labor Recall status ? I am not
sure if they tried to recall my Labor from Texas...but my file
was sent to NRC(National Records Center). I had never applied
for AP and I entered on a H1 in April 2002. I found around july/
august 2002 that my case was sent to NRC. It took me 3 phone
calls and several faxes before my case was back in queue.

Did Travelling on a H1 when AOS is pending forced them to send
the file to NRC ??????? :confused:

My case is 01-296....RFE on June 17th...
 
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inssucksforever, I think you were just unlucky. I know many people who have done what you did and got their cases approved without any hassle. I'm sure things like that happen to all the time. With BCIS is a matter of luck.
Just keep sending fax inquiries and calling them. wish you good luck
 
You just beat even vipsha's wife .. MY GOD !!

BTW about fax enquiries, the dude at NCSC told me yesterday that, they are not accepting fax enquiries even.
 
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canttakemore,

I suggest you use AP, when u get back to US (if u have one). On the other hand, if you intend to use H1B to get back, donot apply for an AP.
 
garu1gsr,

That's surprising even on H1 they sent to NRC!!!

The system is screwed up anything is possible in CSC..

BTW, INS themselves called my lawyer around Mar'03 asking "There are no papers for LABOR approval, in your clients case". My lawyer replied saying the same was filed in VERMONT. The INS officer then told my layer that they are gonna send an internal inquiry to agency that does LC for Vermont..

We can make a movie out of this, I am sure...

:)
 
I am little bit worried

I have two more cases to followup...my wifes and my sisters
and my sisters case is similar to yours. Labor vermont, 140 CSC
and travelled on H1B even though she had an AP. They are
way behind in the queue...so I wont be able to find more
info on their case until JIT passes their date 02-171.

My wife travelled on H4 with an approved AP. She never got
her FP notice in the regular schedule. I had to send a fax
inquiry to get her the FP notice. Last I called CSC they told
me that the file is with CSC and the status is FP results
recevied. The online stills says that 485 app received....

All we can do is just wait and see how bad INS can screw us....
With INS it...just the luck factor...
 
Re: I am little bit worried

Originally posted by garu1gsr
I have two more cases to followup...my wifes and my sisters
and my sisters case is similar to yours. Labor vermont, 140 CSC
and travelled on H1B even though she had an AP. They are
way behind in the queue...so I wont be able to find more
info on their case until JIT passes their date 02-171.
Click to expand...

It is not a problem to travel on H1 as long as you carry the original 485 receipt, and show it to the immigration officer, if you sister did that, then there should be absolutely no problem. Even if she did not show her original 485, there is only a 30-70 chance of her case being marked for abandonment! Just that in the current environment, the INS is taking these vague rules very seriously!

Good luck to you!

inssucksforever, hard luck! I do hope your case gets approved soon. I guess transfer of processing centers compounded your problem. Good luck to you!
 
please give more details

Garu1gsr and Inssucksforever

Previously INS rules says Adjustee can not leave the country while AOS pending.
Later the rule changed that They can leave the country with valid AP.
Do you think these travels happended during this plociy change period.
So Ins officers don't know what to do and so sent the case to NRC ?
Another Question
Who did the travel the Primary applicant or the dependent applicant (Just Curious)?

PrasadS
 
prasads

there were no doubts during the travel .. what to use when
entering back...as lot of people were doing that. In my
case all of us travelled out.

And, I do not think the travel prompted them to send the
file to NRC...if this were to be true...we should have seen
a lot of cases in a similar situation...as most of the cases
would still have valid h1B and would use it to enter over
the AP...as far as my memory goes...there were a few
unlucky guys like me whose file was sent to NRC during
mid 2002...I guess it was just illluck...
 
inssucksforever and garu1gsr,

How did you find out when your cases were sent to Retirement Center (what is this anyway?) or National Records Center? Also, did you travel after you did your FP or before? This does raise some conerns for people who travel using H-1 instead of AP (like me).
 
Hi, inssucksforever,
I scanned WAC-01-010.
Code: 
WAC-01-010 status as of 06/20/2003
Approved ............. 106 (87%)
RFE ..................   5 ( 4%)
  Received ...................   2 ... 5/24/2001, 7/3/2001
  Sent .......................   3 ... 5/8/2003, 4/30/2003, 6/6/2002
Received .............   9 ( 7%)
Others ...............   2 ( 2%)
Total ................ 122
Your status seems not to be updated.
The good news is that the CSC is still working on WAC-01-010 cases,
because the CSC sent two RFEs recently, one in May and another in April, 2003.

If I were you, I will use the constituent service of a congressman in my area (not Senate but House).
-kashmir
 
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