Interesting I-485 related documents

LiveAndLetLive said:
Can someone explain this in "English"?
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USCIS has updated few criterias for transfeting our 485 cases to local district offices. e.g. if your FPs are rejected two times by FBI, your case is likely be transfered to locla office., where as if you still work for same employer who filed your Labor and everything is fine with you case then USICS will not transfer your case.
It is very well outlined and explained in plain english.

Second link realy would n't apply to many. This doc kind of extends the 24k(i) benefit to alines who were applied in other category like 130 and later got 140 approved in the process of getting GC, provided applicant has had to be present in US on or before april 2001
 
The document states that alien with approved visa of exceptional ability should get a waiver....Does that mean Eb2 applicats should get waiver ???? :confused: :confused: :confused:


ALSO NOTE THAT THIS DOCUMENT HAS BEEN SENT TO ALL SERVICE CENTERS IN LIEU OF USCIS INCREASINGLY TRANSFERING A LOT OF CASES TO local DISTRICT OFFICES WITHOUT AN OBVIOUS REASON, THEREBY INCREASING WORKLOAD OF LOCAL SERVICE CENTERS
 
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orangetreats said:
The document states that alien with approved visa of exceptional ability should get a waiver....Does that mean Eb2 applicats should get waiver ???? :confused: :confused: :confused:


ALSO NOTE THAT THIS DOCUMENT HAS BEEN SENT TO ALL SERVICE CENTERS IN LIEU OF USCIS INCREASINGLY TRANSFERING A LOT OF CASES TO local DISTRICT OFFICES WITHOUT AN OBVIOUS REASON, THEREBY INCREASING WORKLOAD OF LOCAL SERVICE CENTERS
Click to expand...


I think Interview Waiver means his/her case will not be transfered to local distrtct office for interview.

As per documemt following cases were to be transfered to local district office automatically (blindly without RFE!!!) . Applicants were in limbo not knowing what caused their case transfered to local office.

Previous Criterias ( where no RFEs were sent) :

-A need for validation of identity;
-A need for validation of legal status;
-Questionable admissibility and/or qualifications;
-Apparent fraud;
-A second filing;
-An applicant with fingerprint rejected twice;
-An applicant with medical condition class A or B;
-The A-file cannot be located at the time of adjudication

Revised/New:

- Validation of identity : Only if if there is no evidence that the alien was inspected, paroled or interviewed by an Immigration office

-For Validation of legal status : RFE will be sent first before the decision of transfering the case.

- Questionable adrnissibiliw and/or qualifications: RFE will be sent first

- Apparent fraud : suspected Service Centers must first go through
established liaison and referral procedures with local Fraud Detection Units before transferring cases to the District Office.

- Multiple filings : RFE will be sent first

-fingerprint rejected twice : Service Centers shou have the applicant submit a five year certification of good conduct from local law enforcement.

-Class A or B medical conditions: No tranfer if waiver can be obtained. I think RFE will be sent first.

- A file not located at time of adiudication ( your file was lost ) : Service Centers must follow existing procedures for creation of temporary files and for adjudication on a temporary file.


Best thing is CHANGE OF ADDRESS is not a criteria for case transfer
 
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It says for cases not to be transferred to local offices, "The principal applicant is employed by the same petitioner who submitted the approved underlying employment-based visa petition."
So if you have used AC-21 your case can be transferred to local office!
 
Eb1

My I-140 was approved under EB1. My I-485 was transferred to the wrong local office 5 days before this memo! My case should not have been transferred at all. Mine is self-petition. Changing employers should not have affected my case. :mad:
 
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