jaxen- I-485 and AC21 question

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Adarsh

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I-485 and AC21 question

Just need some info from Immigration experts:
I filed I-485 based on Approved I-140 (I-140 was filed for CP and approved 5 months back by Vsc) to VSC in the first week of August 2002
Received Receipts for I-485, AP, EAD
Checked the AVM and my EAD has been approved, AP approved (not received in hands)

I received Finger Printing Notice today and my FP is scheduled on September 25th. I did not expected FP notice in short time

I have to take the benefit of AC21 and I want to change my employer.
Service Center is VSC and I am in Baltimore MD

I have a fear that once FP and VSC recieves FBI clearence then my case may be immidiatly transferred to Baltimore local INS office and they may schedule my Interview date before 180 days.

I was reading in some threads that once FBI clears the Finger printing then service center sends the file to local INS and they may conduct final interview in one month, that will be bad for me as I want my I-485 not to be approved before 180 days from filing.

I have few questions:
1. Is I-485 approved by service center and then file will be sent to local office or after Finger Print is received by VSC from FBI they will send file to local office to approve1-485

if the local INS will approve the I-485, can I send the Employer Switching letter after 180 days?
or VSC is going to approve I-485 and then sends the file only after approval to local INS?

I hope VSC informs that file has been transfered from VSC to Local INS office

2. I hope one can take advantage of AC21 only if the case is pending with INS more than 180 days.

3. Should I postpone the finger Prints or I do not have to worry?
I have filed my I-485 in first week of August 2002, AP, EAD approved according to AVM but not recieved, Finger printing notice recived and FP is scheduled on September 25th.

4. my I-140 was approved 5 months back for CP, they might have sent my I-40 file to NVC and do they want it from NVC, the reason for asking is that it may delay my case for 2-3 moyhs if they want to transfer to Baltimore MD or no chance of delay.

Please guide because I have to take the benefit of AC21.

Thanks in advance
 
Answers

1. Per priority date an officer is assigned to your case and the oficer makes a determination whether this requires a local INS transfer or not. Not all cases are transferred to local INS. If your file is transferred to the local office, then you will have an interview and the local office will give the approval. At the time of the interview you might be asked to produce evidence of employment.

2. Although it is not the safest and surest assumption, it definitely is the popular one. You also need a lawyer who believes in this intrepretation in the eventuality of local interview.

3. You can postpone FP. However, remember FP is done by an independent National scheduler. Better yet, call your service center and find out if an officer has been assigned to your case or not. If it is assigned, then you could employ some delaying tactics. I am not sure how far anything you do will help to delay the case by 3-4 months.

4. Maybe the FP scheduling was due to the fact that you changed from CP to 485. Once again call service center and find out.

U can also send an fax enquiry to find about the status. Please keep us informed of the developments.
 
Dear Jaxen,
Thank you very much for your help and guidance/information
Will speak to my lawyer and let you know what he feels, but I hope I will postpone FP because the trend in transferring files to MD, Baltimore seems to be changed, files are being immediately transferred to Baltimore MD after the FP and after transfer immediately local INS office seems to be sending Interview date letter
Please see Baltimore Transfer update on this thread 2 cases have been immediately transferred to Baltimore after Fingerprinting and Interview date has been assigned for Baltimore INS both the cases are of 2002 and one got the transfer in 3 months time after FP and interview letter immediately from local INS, I don't know the reliability of posts but why someone will post wrong:
Attachment: id.xls
http://boards.immigrationportal.com/attachment.php?postid=343721

http://boards.immigrationportal.com/showthread.php?s=&postid=343420#post343420

I was informed by a friend that one could also postpone Local INS Interview date, is this correct?
If YES, how many days one can prolong?
What are the other DELAY tactics?
I need your help.
Regards
 
See FP notice

It should tell how to postpone FP. You should be able to do 1 postponement without raising any flag. Some have done 2 reschedules, but third will be definitely risky.
I am not aware of any other delay tactics.

Only about 5-10% of the cases are sent to local INS. However Baltimore is special as you point out.
 
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