So I just finished with my infopass appointment last week and though I wasnt told anything pathbreaking besides what I already knew the guy at the counter was pretty patient (the center was all empty too) and talked at length telling me its still early for me to be panicking and I should be getting my positive results soon. On further pressing he told me my security check was pending but my I-485 has been pre-adjudicated??? On further inquiry he mentioned that means that the 485 has been preapproved pending a security check. Now I dont know if that is even possible but I wanted to double check if any of you guys have any info regarding this?>>>>
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Pre-adjudication of 485? Infopass
- Thread starter kulbikr
- Start date
as far as i know....security check, legal status check and health check are the only things that matters during 485.
for some people security check took less than a week....they got their GC in a month after applying for 485....
biggest hurdle after 485 is Security/Name check....
for some people security check took less than a week....they got their GC in a month after applying for 485....
biggest hurdle after 485 is Security/Name check....
techy2468 said:as far as i know....security check, legal status check and health check are the only things that matters during 485.
for some people security check took less than a week....they got their GC in a month after applying for 485....
biggest hurdle after 485 is Security/Name check....
I agree.....and I know it doesnt matter squat unless the security check comes thorugh. What I am concerned with is transferring to the EAD and relinquishing my H1B....if I am sure that my 485 is approved and its only a matter of time before the security check gets cleared, then going on an EAD seems no problem. Otherwise there is that off chance that going on EAD might negate my legal stay if (I know chances are low but nuthing is guaranteed in life) 485 gets bounced back to me. This is the reason I wanted to know if this can be possible (the preapproval) to allay my fears a lil bit. I hope that I am cleared soon.......or else I might be the luck one with the 5 years wait....I dont wanna do that whole congressman sh*T that people have gone through.
desi_boy_usa
Registered Users (C)
Same here
Mien is also stuck in the Name/Security check hole. When I called NSC, Rep told me the same thing(485 pre-adjudicated waiting NC).
When I asked what are the next steps, she told me once they get the NC cleared the file will go back to the officer for final review and approval.
I think Pre-adjudicaton means you are almost done but not done.
Thanks
DBU.
Mien is also stuck in the Name/Security check hole. When I called NSC, Rep told me the same thing(485 pre-adjudicated waiting NC).
When I asked what are the next steps, she told me once they get the NC cleared the file will go back to the officer for final review and approval.
I think Pre-adjudicaton means you are almost done but not done.
Thanks
DBU.
I am exactly in the same boat as all of you, when I called NSC I was told that everything looked ok with my 485, that the biometrics had been scanned and sent to NSC on 11/14, that fingerprints were already cleared on 06/12, that my case had been pre-adjudicated to an officer and just waiting on NC to clear! So go figure! I would say there is nothing we can do but wait, or go through the senator/congressman channels to see if that helps. My RD is 05/01/06 and my category is EB2 ROW. Let's be patient, it can happen any moment!
green ocean
Registered Users (C)
NSC Phone Number?
Is there a phone number for Nebraska Center? I called the USCIS 800 number but all they give you is the automatic machine
bubble23 said:I am exactly in the same boat as all of you, when I called NSC I was told that everything looked ok with my 485, that the biometrics had been scanned and sent to NSC on 11/14, that fingerprints were already cleared on 06/12, that my case had been pre-adjudicated to an officer and just waiting on NC to clear! So go figure! I would say there is nothing we can do but wait, or go through the senator/congressman channels to see if that helps. My RD is 05/01/06 and my category is EB2 ROW. Let's be patient, it can happen any moment!
Is there a phone number for Nebraska Center? I called the USCIS 800 number but all they give you is the automatic machine
me too trying very hard to stay on H1b.......even though the possibility of 485 denial is 1%.........i do not want to get a shock when 485 gets denied because of some mistake by uscis...and they drag to reopen the case.....
but its a small possiblity....any more hardship and i am jumping to EAD.....
but its a small possiblity....any more hardship and i am jumping to EAD.....
I don't believe in such a thing called "pre-adjudication". You guys pushed too hard and what could you expect them to say? It's why torture is not an effective way to get information, because the one being tortured will say anything to make it stop.
If you can maintain your H-1B, please do so by all means. Don't be fooled by thinking that if you did nothing wrong then they would simply approve your case. For example, you never know whether or not your case will be transferred to local for interview. If you miss their interview notice due to address change (USCIS is notorious in keeping this straight), your 485 can be easily denied. Of course such a case can be easily appealed, but still you do have the risk of being denied for not doing anything wrong.
Another better example: My wife had been interviewed at USCIS local offce almost one year ago but wasn't approved ONLY due to name check. The interview officer promised that my wife was all set and "pre-approved", which was further substantiated by an official letter sent later by the Sub-District Office Director. We should have considered us safe, shouldn't we? Guess what? After the name check was cleared (CLEARED, not COMPLETED), USCIS did another review before approval and found out a voter registration number on my wife. She was called for a 2nd interview to explain the issue and then her case was denied and she was asked to leave the country within 30 days, even though my wife has never filed any voter registration form. In the end, it turned out that the number USCIS digged out was actually from a vehicle registration and the case was reopened and approved.
--So, you think you're safe? Well, given the stupidity of USCIS, you'd better think again!!!
If you can maintain your H-1B, please do so by all means. Don't be fooled by thinking that if you did nothing wrong then they would simply approve your case. For example, you never know whether or not your case will be transferred to local for interview. If you miss their interview notice due to address change (USCIS is notorious in keeping this straight), your 485 can be easily denied. Of course such a case can be easily appealed, but still you do have the risk of being denied for not doing anything wrong.
Another better example: My wife had been interviewed at USCIS local offce almost one year ago but wasn't approved ONLY due to name check. The interview officer promised that my wife was all set and "pre-approved", which was further substantiated by an official letter sent later by the Sub-District Office Director. We should have considered us safe, shouldn't we? Guess what? After the name check was cleared (CLEARED, not COMPLETED), USCIS did another review before approval and found out a voter registration number on my wife. She was called for a 2nd interview to explain the issue and then her case was denied and she was asked to leave the country within 30 days, even though my wife has never filed any voter registration form. In the end, it turned out that the number USCIS digged out was actually from a vehicle registration and the case was reopened and approved.
--So, you think you're safe? Well, given the stupidity of USCIS, you'd better think again!!!
Last edited by a moderator:
green ocean
Registered Users (C)
Wise Madison
Absolutely Madison; guys, it's worth waiting some more months than starting everything from scratch. After all, there is nothing we can loose now, and taking the risk would be unthinkable. Also, I am not a lawyer but it is my understanding that once the name check lasts more than 12 months people can file Mandamus (or whatever the thing is called).
Madison04 said:I don't believe in such a thing called "pre-adjudication". You guys pushed too hard and what could you expect them to say? It's why torture is not an effective way to get information, because the one being tortured will say anything to make it stop.
If you can maintain your H-1B, please do so by all means. Don't be fooled by thinking that if you did nothing wrong then they would simply approve your case. For example, you never know whether or not your case will be transferred to local for interview. If you miss their interview notice due to address change (USCIS is notorious in keeping this straight), your 485 can be easily denied. Of course such a case can be easily appealed, but still you do have the risk of being denied for not doing anything wrong.
Another better example: My wife had been interviewed at USCIS local offce almost one year ago but wasn't approved ONLY due to name check. The interview officer promised that my wife was all set and "pre-approved", which was further substantiated by an official letter sent later by the Sub-District Office Director. We should have considered us safe, shouldn't we? Guess what? After the name check was cleared (CLEARED, not COMPLETED), USCIS did another review before approval and found out a voter registration number on my wife. She was called for a 2nd interview to explain the issue and then her case was denied and she was asked to leave the country within 30 days, even though my wife has never filed any voter registration form. In the end, it turned out that the number USCIS digged out was actually from a vehicle registration and the case was reopened and approved.
--So, you think you're safe? Well, given the stupidity of USCIS, you'd better think again!!!
Absolutely Madison; guys, it's worth waiting some more months than starting everything from scratch. After all, there is nothing we can loose now, and taking the risk would be unthinkable. Also, I am not a lawyer but it is my understanding that once the name check lasts more than 12 months people can file Mandamus (or whatever the thing is called).
Speaking of lawsuit, it is usually believed that 1.5 year is the minimum with >2 years better. I did see a few people filing Writ of Mandamus after 1 year, but the number is low and I do not know the success rate. The following is a good write-up posted by wenlock yesterday or today about this:
******************************************************
Originally Posted by wenlock:
OK i contacted many lawyers about what is the resonable time before attempting WOM here is info I received from different lawyers.
Resonable time is some times more then two years.
Resonable time can be three times the current processing time.
Resonable time is that is double the processing time of DO you live in and you have some thing in your personal life that kind of makes you eligible for expedited processing but USCIS does not consider it emergency but you think that you have enough argument to convince Judge that it is very critical.
"Resonable Time" is all dependent on how you put together complaint. How you gather all facts. How you present them to Judge and make your case important. REMEBER WRIT OF MANDAMUS is some thing that Judges DO NOT like to deal with until it is very clear that:
Indivitual have clear right to relief asked.
Duty owed to indivitual is non-descretionary.
No administrative remedy available.
Exchaust all available avenues to solve matter out of court.
Delay is UNRESONABLE or Intentional DELAY ( Must present some sort of proof in case of intentional delay in immigration matter it is almost imposible to convince that delay is intentional).
These are all my facts findings. Lawyers in California said that anything more then one year is unreasonable. I know some lawyers in east coast who say 1.5 year is border line for unreasonable others say 2 year. NO HARD AND FAST RULE for what is unresonable.
My personable advice is wait for one year send all letters and inquiries to congressman and District directors KEEP PROOF of every piece of mail.
GET CALL reference number when you inquire via USCIS Help line WRITE IT note DATE AND TIME get agent NUMBER or NAME.
GET FOIPA from FBI.
Send letters to white house
First lady
Senate Joint commitee for immigration
Write letters to local US attorney.
Make Infopass and keep records of Officer you talked to and info collected
Document whole process.
Draft complaint with all information and sent it to local DO director and US attorney give them 30 days to respond.
If no response from US attorney or USCIS DO Director add this information your complaint.
After one year file complaint. Now you have enough information to convince Judge that you tried every thing possible short of filling complaint. You will have more sympathey from Judge.
I hope this helps in making your decision for WOM.
******************************************************
******************************************************
Originally Posted by wenlock:
OK i contacted many lawyers about what is the resonable time before attempting WOM here is info I received from different lawyers.
Resonable time is some times more then two years.
Resonable time can be three times the current processing time.
Resonable time is that is double the processing time of DO you live in and you have some thing in your personal life that kind of makes you eligible for expedited processing but USCIS does not consider it emergency but you think that you have enough argument to convince Judge that it is very critical.
"Resonable Time" is all dependent on how you put together complaint. How you gather all facts. How you present them to Judge and make your case important. REMEBER WRIT OF MANDAMUS is some thing that Judges DO NOT like to deal with until it is very clear that:
Indivitual have clear right to relief asked.
Duty owed to indivitual is non-descretionary.
No administrative remedy available.
Exchaust all available avenues to solve matter out of court.
Delay is UNRESONABLE or Intentional DELAY ( Must present some sort of proof in case of intentional delay in immigration matter it is almost imposible to convince that delay is intentional).
These are all my facts findings. Lawyers in California said that anything more then one year is unreasonable. I know some lawyers in east coast who say 1.5 year is border line for unreasonable others say 2 year. NO HARD AND FAST RULE for what is unresonable.
My personable advice is wait for one year send all letters and inquiries to congressman and District directors KEEP PROOF of every piece of mail.
GET CALL reference number when you inquire via USCIS Help line WRITE IT note DATE AND TIME get agent NUMBER or NAME.
GET FOIPA from FBI.
Send letters to white house
First lady
Senate Joint commitee for immigration
Write letters to local US attorney.
Make Infopass and keep records of Officer you talked to and info collected
Document whole process.
Draft complaint with all information and sent it to local DO director and US attorney give them 30 days to respond.
If no response from US attorney or USCIS DO Director add this information your complaint.
After one year file complaint. Now you have enough information to convince Judge that you tried every thing possible short of filling complaint. You will have more sympathey from Judge.
I hope this helps in making your decision for WOM.
******************************************************
Last edited by a moderator: