Out of the blue and into the black?

D

dl1cd

Registered Users (C)
Folks,

As a long time lurker on these threads, this would be my first posting.

I feel the pain for most of us stuck in the timeless quagmire of waiting.
After 5 years in this Q, the EB2 retrogression made my 485 eligible to
be adjusted .. as of Feb 1, 2006. Except that it has not happened yet
and the lawyer says that while we can take BCIS / USCIS to court for
not adjucating, this would be expensive and the company will not pay
for the expenses. Yes, we have sent a reminder on Feb 2, 2006. Judging
by the inaction so far, what are my options? Twiddle the left thumb or
the right? Or just leave it "Ram Bharose"?

Thanks for any suggestions.

PD - Feb 2001, RIR, EB2
LC - Jan 2003
I140, I485 concurrent filing Apr 2003
I140 - Jul 2003
FP1 - Sep 2003
FP2 - Apr 2005
Biometrics - Jun 2005

Sent the paperwork for the 4th EAD / AP last week.
 
dl1cd said:
Folks,

As a long time lurker on these threads, this would be my first posting.

I feel the pain for most of us stuck in the timeless quagmire of waiting.
After 5 years in this Q, the EB2 retrogression made my 485 eligible to
be adjusted .. as of Feb 1, 2006. Except that it has not happened yet
and the lawyer says that while we can take BCIS / USCIS to court for
not adjucating, this would be expensive and the company will not pay
for the expenses. Yes, we have sent a reminder on Feb 2, 2006. Judging
by the inaction so far, what are my options? Twiddle the left thumb or
the right? Or just leave it "Ram Bharose"?

Thanks for any suggestions.

PD - Feb 2001, RIR, EB2
LC - Jan 2003
I140, I485 concurrent filing Apr 2003
I140 - Jul 2003
FP1 - Sep 2003
FP2 - Apr 2005
Biometrics - Jun 2005

Sent the paperwork for the 4th EAD / AP last week.
Click to expand...


Without leaving it to Ram Bharose, I think you should contact Senators and other influential people, ratherr than spending for lawyer. Senator approach has worked for may problems for many immigrants.
 
"Been there, done that?" Not quite ..

Thanks for the responses, I do believe this is the rush to wrap up.

Lawyer says "No documented proof that talking to Congressmen or
Senators will help - their office will send another inquiry to BCIS, which
may delay it further".

Current strategy is to
(a) wait 45 days
(b) file a reminder "Dude, where is my approval?"
(c) back to (a)

I do not see yet a break condition on this loop.

Retrogression meant "The answer is No, we can't approve your AOS".
Out of retrogression means "The answer is not No, but we did not yet say Yes, did we?"

That explains the thread title.

I had hoped that coming out of retrogression would be a new dawn, but
seems like I had hoped for too much, too soon.

Patience is a virtue, I guess. Does this remind any one of standing in the Q at the ration shop, even if just to keep your ration card alive, just so that a Passport renewal can be facilitated?

We, the technical elite, professionals and competent folks on our fields owe so much to that Ration Shop Owner .. he was the first Guru of teaching patience.

Coming down from my soapbox now ..
 
dl1cd said:
I feel the pain for most of us stuck in the timeless quagmire of waiting.
After 5 years in this Q, the EB2 retrogression made my 485 eligible to
be adjusted .. as of Feb 1, 2006. Except that it has not happened yet
and the lawyer says that while we can take BCIS / USCIS to court for
not adjucating, this would be expensive and the company will not pay
for the expenses. Yes, we have sent a reminder on Feb 2, 2006. Judging
by the inaction so far, what are my options? Twiddle the left thumb or
the right? Or just leave it "Ram Bharose"?
Click to expand...

Your PD became current only 13 days ago. Give it some time, you will be approved within the next 3 months. USCIS cannot be expected to pick up your file and approve it in less than 2 weeks after your PD became current.

If you have still not recieved approval by end of April, then I would suggest asking Senator to inquire about the progress of your case. But I think you will be approved by then.

Lawsuit should be your absolute last act, say if you have still not got approval by this time next year...
 
Sample letter to Senators

Can any one who approched the Senetors to enquire USCIS for status enquiry publish that over here? This will be very helpful for lot of people like me.

Thanks in advance
nlssubbu
 
Thanks - yes, I understand that the PD became current just 2 weeks back and BCIS / USCIS will not pick up my file and fire away an approval. What I have seen from this particular instance is a few crucial facts:

- When you apply for LC is critical; even under RIR in EB2, my case took 2 years for approval, folks who filed about 2 weeks earlier than I had, got their approvals in 4 months flat

- Everything else remaining the same, just a difference in the officer processing your file could mean a lot of difference; my colleague from work applied a week ahead of me, his LC came around the same time as mine, and his 485 approval happened about 15 months back; he has the plastic card with him now.

- Factor X - a.k.a. luck. Believe it or not.

This is in no way belittling your response - I agree fully with what you say.

The lawyer is less optimistic ("Oh, you could be stuck somewhere else too, though
we do not have a reason to believe this to be the case .." you know how they talk,
total CYA).

Sometimes I laugh at the situation - pure, unadulterated gallows humor!

This community thrives .. and that gives me hope!

Cheers!
 
dl1cd,

By no means I will attempt to give you false hopes on how soon you will be adjusted and receive your card etc, in fact, I would if I had the slightest idea of how USCIS operates.

Believe it or not, you are in a very good, comfortable position today than hundreds of thousands of other candidates like you. Your PD has become current and there's a very high likelihood you will hear from USCIS in a few weeks or so.

Besides, you have already exhibited incredibe patience through this waiting period (of course, some credit goes to the ration-shop owner : ), so why not wait for a few more weeks. The more you stress about it, the longer it will seem in coming and more miserable you will be.

I'd say relax, take a day-off, chill out with family/friends and let things take their own course....of course, what you eventually do, is your own decision...
 
Yessir!

GC_TRAP,

Nice advice on chilling out! :)
That is what I have been doing so far - "put on ice"

I would take a day off in a New York minute when my
stars would align in the USCIS astrologer's vision. :p

In fact the ration shop owners used to be impolite and
gruff ("Don't park there", "What do you want?", "Don't
have change", closing for lunch ..) and this is not as
cumbersome.

Yes, I know, it is a matter of time .. and so we are too.
50 years from now, this would be a distant memory -
if that. I hope by then people would start clamoring for
Hara Patta and stage rallies in Hyderabad and Bangalore
for expediting theirs. I will raise to that .. cheers!

dl1cd
 
Using Your Post in Lawmaker Meeting?

Dl1cd,

Saw your post the other day and thought you are perfect example of someone who filed before retrogression and was stuck in the security check quicksand and then was wiped out by retrogression.

Immigration Voice is going to meet Dianne Feinstein's immigration specialist tomorrow (Feb 15, 2006) -- we have only 30 min, but if we get a chance we would like to show them your post and explain what it means.

Is this OK with you?

best,
Berkeleybee
 
Sure, by all means! Hope something good comes of this plight of mine and helps others in the process too. Would appreciate an update on how the meeting went, go, Berkeleybee,go ..
 
Show your appreciation by joining Immigration Voice

Thanks.

How about showing your appreciation by joining Immigration Voice, contributing and asking your friends to join!

Then you too can go dlcd1 go in which ever state you are!
 
berkeleybee said:
Thanks.

How about showing your appreciation by joining Immigration Voice, contributing and asking your friends to join!

Then you too can go dlcd1 go in which ever state you are!
Click to expand...
Hmm .. what does that entail?
 
Joining IV

Man! Dude, you really need a manual, huh? Talk about taking the horse to water..:) .Have you checked out the website?

1. Go to the website register, so you become a member.

2. Contribute to IV using one of the links or send a check. We promise every penny will count and make difference.

3. Read the post in the CA lawmakers thread on IV -- see how to set up a lawmaker meeting, join the group in your state, and meet some lawmakers.

If you do all that, I'll tell you what Feinstein's staffers said about your post and situation. ;-)
 
I hope you have a better experience with Feinstein's staff than I did. I reached out to her immigration contact in the Post Street office in SFO to inquire on my case stuck in NNCP at the FBI after providing her all the required authorization and details. The lady was indifferent and unresponsive and finally I withdrew my request to follow through on my own by making a FOIA request.

Anyway, there is strength in numbers and I hope as a group you get her ear and attention. I applaud the organized initiative you guys have undertaken through the immigrationvoice.org forum and have evangelized the forum to other friends in similar situation successfully. May the Robert Bruce Spider force be with you.

By the way, since you are a very informed member in this portal, I was wondering if you can confirm how many agencies are involved in the security checks during I-485 processing?.. apart from the FBI I do not know of any other.
 
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Still Waiting ....

dl1cd .... I'm in the same boat as you...

- EB2 RIR Labor PD Nov'2001
- I-140 & I-485 FD July'2003.
- I-140 approval in May'2004
- 3 EAD's
- Did finger printing in Sep'2004
- 485 LUD still says "The results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made."

As per March bulletin my date has become current. I have no clue where my case is right now and my lawyers have no balls to ask USCIS. I gues time is the only reliable answer.
 
IV and lawmakers

abhathakur said:
I hope you have a better experience with Feinstein's staff than I did. I reached out to her immigration contact in the Post Street office in SFO to inquire on my case stuck in NNCP at the FBI after providing her all the required authorization and details. The lady was indifferent and unresponsive and finally I withdrew my request to follow through on my own by making a FOIA request.

Anyway, there is strength in numbers and I hope as a group you get her ear and attention. I applaud the organized initiative you guys have undertaken through the immigrationvoice.org forum and have evangelized the forum to other friends in similar situation successfully. May the Robert Bruce Spider force be with you.

By the way, since you are a very informed member in this portal, I was wondering if you can confirm how many agencies are involved in the security checks during I-485 processing?.. apart from the FBI I do not know of any other.
Click to expand...

Abha,

Did you become an IV member? Did you put your money where your life is? ;-)

Feinstein staffers were FAR from indifferent -- they listened to us for 1.5 hours, even though the rest of the office cleared out at 5pm, they stayed behind listening in rapt attention.

About security checks: check this report -- it has everything you need to know about security checks (several useful diagrams of the process, what checks happen for what forms etc.)

http://www.gao.gov/new.items/d0620.pdf
 
Last edited by a moderator:
berkeleybee said:
Man! Dude, you really need a manual, huh? Talk about taking the horse to water..:) .Have you checked out the website?

1. Go to the website register, so you become a member.

2. Contribute to IV using one of the links or send a check. We promise every penny will count and make difference.

3. Read the post in the CA lawmakers thread on IV -- see how to set up a lawmaker meeting, join the group in your state, and meet some lawmakers.

If you do all that, I'll tell you what Feinstein's staffers said about your post and situation. ;-)
Click to expand...
No, I do not need a manual - I just need the conviction that doing so is the right thing. By joining an interest group, of which I have very little (or none) understanding, I am not sure I would be dong the right thing. I have heard that "A fool and his money are soon parted" - I am NOT saying that this would be the case here, but I like to look before I leap instead of taking leaps of faith :)

No offense meant - I will take a look at the web site.
 
coowboy said:
dl1cd .... I'm in the same boat as you...

- EB2 RIR Labor PD Nov'2001
- I-140 & I-485 FD July'2003.
- I-140 approval in May'2004
- 3 EAD's
- Did finger printing in Sep'2004
- 485 LUD still says "The results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made."

As per March bulletin my date has become current. I have no clue where my case is right now and my lawyers have no balls to ask USCIS. I gues time is the only reliable answer.
Click to expand...
Coowboy,

My LUD never changed! Ever! It has been proclaiming ever since my I485 was filed in Apr 03 that "such cases are taking 570 - 600 days" - no word about retrogression or resumption. I guess in your case, you could be lucky that some one woke up to update your status. I think I will buy 2003, 2004, 2005 and 2006 calendars and a calculator and show them that in my case, it is closer to (570 AND 600) days rather than (570 OR 600) days.

Yes, it is all a matter of time - aren't we all? Just like our great-grand parents are nothing but a name, if that, wo would we be in a few years from now. Let us raise to today and let yesterdays and tomorrows bury their own. Deal?
 
berkeleybee said:
Abha,

Did you become an IV member? Did you put your money where your life is? ;-)

Feinstein staffers were FAR from indifferent -- they listened to us for 1.5 hours, even though the rest of the office cleared out at 5pm, they stayed behind listening in rapt attention.

About security checks: check this report -- it has everything you need to know about security checks (several useful diagrams of the process, what checks happen for what forms etc.)

http://www.gao.gov/new.items/d0620.pdf
Click to expand...

Thanks for the URL to the report, did find it helpful. I have a question though wrt the report, the flowchart made no mention of the CIA check as part of the I-485 processing but the I-485 QA checklist does. I am inclined to believe that the flowchart is missing the step. So it seems like CBP, FBI and CIA are the agencies that perform security checks on adjustment applicants.

I did become a member of IV and make my contribution, which I hope to supplement on a bimonthly basis until the mission is accomplished.
 
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