need help in filing I-485..

swamybale

Registered Users (C)
My wife has filed her I_485 thru employment with RD Feb 02. Still no 2nd FP so far. Lawyer has sent 2 enquiries, a letter from Senator Boxer, but no action has been taken other than " we responded to your query message". I am a citizen and seriously thinking of sponsoring her thru family filing. I could have done this before, but waited to see if this would get approved. Can anybody help me estimate how much more time USCIS needs in approving if we continue with this employer petition? Is it ok if I file GC for her in parallel? what happens to employement petition?

Another thing, is there any link between delayed approvals and size of the company? She works for one of the biggest companies(15000+) in the bay area. I don't see any data on that.

thanks
Swamy
 
Re:

Looks like nobody knows the answer... Can any immigration gurus shed light on this case?

thanks
Swamy
 
swamybale said:
My wife has filed her I_485 thru employment with RD Feb 02. Still no 2nd FP so far. Lawyer has sent 2 enquiries, a letter from Senator Boxer, but no action has been taken other than " we responded to your query message". I am a citizen and seriously thinking of sponsoring her thru family filing. I could have done this before, but waited to see if this would get approved. Can anybody help me estimate how much more time USCIS needs in approving if we continue with this employer petition? Is it ok if I file GC for her in parallel? what happens to employement petition?

As you understand even your attorney does not have any clue. We are just dummies here. It's very difficult to tell what's going on your wife's case. Only your wife or your attorney can enquire and get to know about the status. Did you try to enquire by faxing your own? Lots of Feb 02 cases are approved, but lots of are pending too.

Secondly, this is election year and Barbara Boxer is running for re-election. It's unlikely you will get any good and effective response from her before November. Try some other congressman - Diane Finestein or house of representative from your local district.

Yes, it's OK to file another FB I-485 and her EB I-485 does not get affected by new one. Just provide the same A# in new I-485. But as you (or she) already waited more than 2 years, I would recommand you to wait few more months and pursue her current case more aggrasively - by enquiry, sedning letters to congressman, pushing your attorney to take some steps. If that does not work in next few months, then decide about new I-485. It would make sense filing FB I-485 two years back or just after getting married. But as the FB I-485 backlog is not better than EB backlog, it does not make sense to file a new one - unless there are some technical issue involving her current EB I-485 case.
 
thanks pralay..

Most recent information about FB 485 is, they are approving cases in 6 months from the filing date. This is for both San Jose and San Francisco local INS office. We don't have to
apply thru CSC, just the local office.

I am aggressively pursuing from all sources to speed up the process, but all we get is vague answers from CSC. They have the nerve of saying wait for another 90 days just to send 2nd FP.

I was also contemplating on filing a law suit against CSC, based on the JIT. But it's not worth the time and money.

I am thinking of applying family based petition in parallel, and just wait to see which petition will get approved faster.


thanks
Swamy
 
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