Messed up case !! Need advice

[saras76]

Guys,

I am in a pretty messed up situation right now and would like some input from people who may have been unfortunate enough to experience the same.

To give you a little background my case is a concurrent 140-485 case with RD at TSC of 03/25/2004. My PD is in 2001. I should also add that I am a resident of Atlanta Ga and have been here the entire time I have been in the US. Now onto the messed up case ...

The first EADs and APs for myself and my wife were approved in May 2004. So far so good. In July 2004 the TSC transferred my unapproved 140 and mine and my wife 485 apps to a local office in Miami. I got written notices of the transfers. The notice stated "to speed up process" as the reason of transfer. Now I am from Atlanta and was not sure why the case was sent to Miami. Also the 140 was not approved. I brought these issues up with my lawyer and she started an AILA inquiry. After almost 4 months since the transfer and severeal AILA inquiries my lawyer got an email from AILA stating that TSC is recalling my case. I did not get an official notice of recall and the online status for 140 and 485 stayed the same (transferred to Miami). In DEC 04 the LUD on my approved AP changed and on the 28th of Decemeber I got FP notices from TSC. The FPs are scheduled for the 15th of FEB 05. The FP notices coming from TSC gave me the impression that the cases were back in TSC. I was told by my lawyer that TSC sent the apps to Miami to artificially reduce the backlog because they were getting audited. Anyway, I was waiting on giving my FPs when the case got more complicated ...

In JAN 05 my lawyer applied to renew mine and my wifes EADs and APs that are going to expire in May 05. A few days ago I got emails from TSC that they have transferred mine and my wifes EAD apps to Miami for an interview. What the hell is going on here?

The problem is that my wife works on her EAD and with all this back and forth business between TSC and Miami I am afraid that her EAD will not get renewed on time. Some people have said that the the local office can approve EADs on the spot if 90 days have passed since filing but who is to know where the EADs will be in the next 90 days. Miami might send them back because they were never supposed to be there in the first place.

I am in Atlanta and it is not possible for me to just go to the Miami office to check. I can make the effort of going there but what if the case is not there or has been sent back? Am I expected to make multiple trips to Miami just to get an update???

I know its a complicated situation but any input will be appreciated ...

saras

 

[andrews]

local office will issue EAD at te moment if 90 days have passed, regardless of where the application is pending. I suggest call 800 number. I am in similar situation.I received letter last May 2004 case was transferred to Miami "in order to speed processing". Case never arrived at Miami. I was fingerprinted at Miami ASC after showing them transfer letter,but after several inquiries I spoke with an Immigration Officer on 800 number who states transfer may take from weeks to months. I dont know where my case is at this moment. Texas sent me a letter that reads case is in Miami but after visiting local office they say actual file is still in Texas. .stay calm and be positive. sooner or later GC will be approved.

 

[db02]

EAD interview

Boy do have a story to tell you, here it goes:

My I-140 (EB-1) was approved in Sept. 04. This did not come easy, to begin with my I-140 application (originally submitted in August of 02) was transferred to California in Dec/03 , even though I live in Dallas, TX. After many inquires and heart ache, TSC transferred back my I-140 to TX, but in doing so, TSC lost my supporting application documents, and I was told to reconstruct the application again in August of 04. Finally my I-140 was approved in Spet 04. Soon after, my I-1485 was transferred to the local office in Dallas for interview and I am still waiting for interview date.

Because my EAD was expiring, I applied for renewal (after the transfer of I-485 to local office), and as luck would have it, my EAD application was transferred to the local office for INTERVIEW, which made no sense to me because never heard of EAD interview. I am still OK to work because my H1-B does not expire until March of 06. Anyway I talked to my lawyer, and she said "do not worry about EAD interview; it is simply a procedural thing because your I-485 is pending at the local office for interview, and EAD follows the same process". My lawyer also said that I can go to the local office and get temporary EAD.

I hope this helps

 

[spartakus]

No worries

Saras,

Do not worry about getting an interim EAD. I got my EAD from loacl office without any issue after my case was transferred to local office. It takes time to get the file to the local office so the keyword is patience.

Thanks,
Spartakus