Local case transfers

G

gcard2002

Registered Users (C)
I have seen cases where the file was transferred to local INS offices. Checked with my lawyer and this is what he got to say. If someone got married just before filing I-485 or if the format/details on the birth certificate are not clear, it triggers a case transfer to local INS office even after satisfactory reply to RFE. Coming to job change, if the INS opens your petition after a 'long time', they are enquiring (RFE) about your job status. If you respond back showing that you are still with the sponsoring employer, the case is cleared with no further questions but if you indicate even a little bit that you have deviated from the path, they are automatically transferring it to local INS office. Even if you do not wait for RFE to notify INS of employer change (to show good faith), they are transferring cases to local office, even if the case is eligible under AC21, 180 day rule. This is the general position of the INS though there might be few exceptions where the service center approves the case after RFE.

For Chicago people, the worst part is that the waiting time is definitely more than an year (local INS office), though the time posted is 6 to 18 months. During this one year period, you will witness the most strange things in life, like EAD going to old address, advance parole going to another, correspondence letters for you and wife going to different address even after you update them with new address, wife (dependant) getting interview call before you, sending the couple back home after realising the error when you go for the interview etc.... They take 12 - 18 months to sort out all these things before finally managing to combine both the files (husband & wife) which are basically sitting in the same building. So processing and approving I-485 is not the actual processing of info. on the forms but trying to locate files in the store room. Good luck to everyone with local transfers.
 
How sure are you about the connection between AC21 job change and local transfer?

You seemed to suggest that it was almost a certainty for case transfer if one used AC21?

I would like to aks for the source of your information. People are sacred like hell here and definitely don't want to get one more year or 6 months of probation because of job changes.

Please do some good. Pleaes clarify.
 
I agree with GCHopeless.

You seem to be making outrageous statements regarding AC21 cases. Are you in the INS? You have some inside knowledge perhaps?
 
GCHopeless, greenpeace

I have personally seen four cases where the files was transferred to local INS office in Chicago. In two of them, the beneficiaries got married just before filing I-485 and the other two pertain to job changes after 180 days under AC21 law. One of the beneficiaries lives with me and I know his case right from the time he filed his LC in 1998. Just because I gave the input based on the information available to me personally or over the internet but you didn't like hearing it, it doesn't mean that I am wrong or that I have to show some proof. This is a forum where we share information and it's upto you guys to take my word or not. No one is forcing you to accept what other people in this forum had to say. I am also in the same situation and it is no fun to post such things, just to scare everyone here. Infact all the four cases were eventually approved. If it brings comfort to everyone, the fact is on I-485, unless you have some criminal record, it is very rare that I-485 gets denied as long as it is a genuine LC, I-140 case, no matter when you change the job after filing I-485. I even know a friend of mine who's company was closed for over an year, yet his I-485 was approved without any questions asked. So, should we take this case as an example and take for granted that all our cases will be approved. That is exactly why we have this forum so that everyone shares his experience and take steps to follow the rules until the GC is approved.

greenpeace,
Coming to your queston as to whether I worked in the INS, my question is, did you work in the INS to question my inputs. For that matter, there were thousands of postings in these forums providing personal experiences. You think they all worked in the INS? So, why don't you cool a little bit and understand that no one is asking to accept my input.
 
dates for these approvals

gc2002.

Its god to post your observations in these forums but the way things were worded made us all go crazy.. and some of them expressed it.

Anyway its good to hear that these cases of job changes were approved.

Could you share the RD/TD/AD of these cases.
It will relieve us all of some stress that we have all undergone.

Thx
 
godlove

I have full details on one case including dates. He married 3 months before filing I-485.

I-485 filed in Sep 1999
EAD approved Dec 1999.

Beneficiary changed jobs on EAD in Feb 2000.

FP received in Nov 2000.

RFE (employment status, birth certificates) on May 2001.
Responded to RFE in Jun 2001.

Case transferred to Chicago on Jul 2001.

Dependant gets I-485 interview notice in Mar 2002.

Couple returns from interview because the main beneficiary's file is still under processing.

Main beneficiary receives FP notice again in Jun 2002.
Gives FP in Jul 2002.

Both receive interview notices in Sep2002.

Interview conducted succesfully in Oct 2002.

(during this period from I-485 filing, he changes three employers)

Takes letter from his current employer, as the sponsoring employer refuses to provide letter, having waited so long for him to join them.

Officer takes the employer letter (did not even look into it) and checks the marriage certificate. After stamping done for both, the dependant gives FP again on the same day, on the way back home.

In three weeks (Nov 2002) they receive the plastic cards too.
 
Hi gcard2002,
Thanks for sharing these information. This is very useful to this community. hope you get your approvals soon.

Regards
-Mog
 
gcard2002:

Thank you for your posting. We didn't mean to be offensive, just wanted more information. We also believe you have the right to freedom of speech.

I think you are partially right. Although your applications do not have to be transferred to local offices for interviews, after some research I did find that you are more likely to be interviewed if you change jobs. INS says they dertermine if interviews are necessary "on a case by case basis".


:eek: Enjoy the furum
 
thanks

GC2002 :

Thanks for input.

One case to be shared :

I had a one guy in my previous company (RD Sept 07th 2001).
Attorney screwed up his mothers name in 485 form.

He got RFE for two Birth affidavits to set it right. RFE dt Dec 02nd
No empl. verification RFE.
 
Received Intvw letter

Case details -Chicago
RD Jan 01
Xfer date - 5/02

Does anybody who has gone for intvw reply to following Q's

1) Is it a good idea to have a lawyer accompany for the interview?
2) Is the passport is stamped on the same day or we have to go again to get the stamping. This is because I am going outside country after 2-3 days of the intvw. Is it safe?
3) Any experience for the chicago intvw?
 
godlove

I am expecting RFE too in my case. When I filled the I-485 form, by mistake I entered my mother maiden name instead of mother first name. So, I guess I will also receive it sometime. Anyway, I notified my lawyer already and she told me not to worry. If at all an RFE is issued, she said that we can correct it.
 
localins

If you changed your employer under AC21 law or if your fingerprints expired (1 yr. validity) or the officer feels the need for security clearance from FBI, then they most 'likely' ask you to leave a copy of all your documents with him/her. They say that all the time but they would mail the approvals the very next day or sometimes in ten days. Then you take that approval for stamping. This time, no questions asked when stmaping.

If your is a straight case with no employer change or FP given recently, then they would simply check what they want, like marriage certificate or some employer letter and stamp it on the same day. Good luck.
 
localins - question

what is your exact receipt date? (Jan xx, 2001?)
my spouse also transferred to chicago ins. her RD jan 2001.
no interview notice yet.
 
gcard2002

Thanks for the info..

I am the secondary applicant and my spouse who is the primary applicant got approval 8 months back whereas my case was transfered.

So I never changed my job as I am the secondary applicant but my spouse did change the job after 8 months of GC approval. I hope that should be no problem

I think FP are valid till 15 months and my FP are still valid.

Whose employer letter do we have to take. I am assumming it is the primary applicant's??

Personally I think it is a straight forward case except that my spouse is no longer working for original employer..

Do you know when they post the final approval after the interview they ask you to come on a specific date to come for stamping or we can go anytime.

GCCard2002 did you also went to local INS in chicago or do you know anybody's experiece in chicago.

Is it better to take a lawyer or it should be ok if we have all the documents.

appreciate in advance for any response
 
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