Tracker: Waiting for Derivative's I-485 Approval

sarwarmd said:
I have just checked my and my wife approval notices. In Notice Type section, I see EOA-E37 and EOA-E39.
Does it mean that my approvals are based on Eb-3 category and not in Eb-2!
Can you please let me know!
If my kids applications are lying in Eb-3 means, my attorney did not try to convert from Eb-3 to Eb-2. I remember like he is charging me nearly $2,000/- just for converting the category.
Click to expand...

E11 Aliens with extraordinary ability, visa issued
E16 Aliens with extraordinary ability, status adjusted
E12 Outstanding professors or researchers, visa issued
E17 Outstanding professors or researchers, status adjusted
E13 Multinational executives or managers, visa issued
E18 Multinational executives or managers, status adjusted
E14 Spouses of E11, E12, E13, E16, E17, or E18, visa issued
E19 Spouses of E11, E12, E13, E16, E17, or E18, status adjusted
E15 Children of E11, E12, E13, E16, E17, or E18, visa issued
E10 Children of E11, E12, E13, E16, E17, or E18, status adjusted


E21=EB2, immigrant visas issued.
E26=EB2, status adjusted.
E22=spouses of EB2, imigrant visa issued.
E27, spouses of EB2, status adjusted.
E23=children of EB2, immigrant visas issued.
E28=children of Eb2, status adjusted.


E31= EB3, skilled workers, immigrant visas issued.
E32=EB3, with Bachelors degree, immigrant visas issued.
E36=EB3, skilled workers, status adjusted.
E37=EB3, with Bachelors degree, status adjusted.
E34=spouse of EB3, immigrant visas issued.
E39=spouse of EB3, status adjusted.
E35=children of EB3, immigrant visas issued.
E30=children of EB3, status adjusted.


You are right
 
My derivativve applications struck for good

I appreciate giving the information.

That means my derivative applications are struck for good. I need to forget about the derivative approvals for another couple of years.
What a worst job done by attorney! I have been following this attorney all the times and giving him reminders.


sfmars said:
E11 Aliens with extraordinary ability, visa issued
E16 Aliens with extraordinary ability, status adjusted
E12 Outstanding professors or researchers, visa issued
E17 Outstanding professors or researchers, status adjusted
E13 Multinational executives or managers, visa issued
E18 Multinational executives or managers, status adjusted
E14 Spouses of E11, E12, E13, E16, E17, or E18, visa issued
E19 Spouses of E11, E12, E13, E16, E17, or E18, status adjusted
E15 Children of E11, E12, E13, E16, E17, or E18, visa issued
E10 Children of E11, E12, E13, E16, E17, or E18, status adjusted


E21=EB2, immigrant visas issued.
E26=EB2, status adjusted.
E22=spouses of EB2, imigrant visa issued.
E27, spouses of EB2, status adjusted.
E23=children of EB2, immigrant visas issued.
E28=children of Eb2, status adjusted.


E31= EB3, skilled workers, immigrant visas issued.
E32=EB3, with Bachelors degree, immigrant visas issued.
E36=EB3, skilled workers, status adjusted.
E37=EB3, with Bachelors degree, status adjusted.
E34=spouse of EB3, immigrant visas issued.
E39=spouse of EB3, status adjusted.
E35=children of EB3, immigrant visas issued.
E30=children of EB3, status adjusted.


You are right
Click to expand...
 
I did a self-petition, not sponsored by my employer, concurrently in 2 categories: EB2/NIW and EB-1/EA. Both my applications were approved within 4 months of filing, one month apart, in Jan and Feb). Unfortunately for me, NIW approval came first, and so my derivative got tagged there. At that time I was too naive to understand all of this category business. I contacted my lawyer a few months later when the EB2 retrogressed, but before he could anything, my I485 was approved in the NIW category (EB-26).
So you can see, my spouse just stuck for the last 4 yrs for no logical reason whatsoever.



[How come you are applications are able to spread around 2 categories of EB2 and EB1![/QUOTE][/COLOR]
 
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I would advise one thing out of my experience.

Try to get fingerprint notice for your kid (13+Y) by calling TSC or by help of Congress Man.
USCIS will not touch case of your kids until PD become current. By chance, at that time, if your kid cross 14Y, USCIS will hold case and will send biometric and initiate all name check and background check. This may take at least three months. If window of opportunity is small (PD retrogress again), your kid have to wait again. I would advise to initiate finger print for your kid in advance.

sarwarmd said:
I appreciate giving the information.

That means my derivative applications are struck for good. I need to forget about the derivative approvals for another couple of years.
What a worst job done by attorney! I have been following this attorney all the times and giving him reminders.
Click to expand...
 
Third LUD change and attorney is asking for G28

I really appreciate all of your responses. I value every feedback.
Probably I need to have FP done for 13+ old derivative, daughter.

In the mean time, there is some change:
Today one of my derivative who is 10+, daughter had a third LUD change. Please look at my signature.

My attorney has asked me to get the signatures on G28 for my derivative. Does that mean can attorney do any thing now! He is saying that he wants to write a letter to USCIS.

khodalmd said:
I would advise one thing out of my experience.

Try to get fingerprint notice for your kid (13+Y) by calling TSC or by help of Congress Man.
USCIS will not touch case of your kids until PD become current. By chance, at that time, if your kid cross 14Y, USCIS will hold case and will send biometric and initiate all name check and background check. This may take at least three months. If window of opportunity is small (PD retrogress again), your kid have to wait again. I would advise to initiate finger print for your kid in advance.
Click to expand...
 
Reviving this thread as EB2 India and China moved to June 06 for August VB. I think still some people like me waiting for derivative's approval.
My younger son is left and now current in Aug 08.
 
My LUDs are matching with you's

StillAlive said:
Me 2 crossing fingers
Click to expand...

StillAlive,
I see that your LUD (for pending cases) trend is matching my kids LUD trends (for my pending cases). Probably now onwards, I should keep a close vigil on this. My attorney has asked me to call USCIS. My applications are under EB2.
 
Sarwarmd,

Your two kids are pending. I am just wondering; Their biometric (digital picture and signature) done? It is mandatory even for kids below 14Y.

I have unique situation. My son, who is only pending and 15Y now had finger print last year in August 2007. USCIS did mistake again for sending notice. They send Code 1 (10 finger prints only). Actually 14Y above need code 3 (finger prints plus digital photo and signature). Now every time I call TSC, they say Biometric (digital photo and signature) is missing.

I notice in past that USCIS approve kids case without biometric and send notice of biometric along with approval. Once biometric uploaded, they order for production of GC.

I am confusing what TSC is doing? neither sending biometric notice nor approving case !! I am not sure; am I going to miss flight again??

Please share your experience.

sarwarmd said:
I see that your LUD (for pending cases) trend is matching my kids LUD trends (for my pending cases). Probably now onwards, I should keep a close vigil on this. My attorney has asked me to call USCIS. My applications are under EB2.
Click to expand...
 
will update

khodalmd said:
Sarwarmd,

Your two kids are pending. I am just wondering; Their biometric (digital picture and signature) done? It is mandatory even for kids below 14Y.

I have unique situation. My son, who is only pending and 15Y now had finger print last year in August 2007. USCIS did mistake again for sending notice. They send Code 1 (10 finger prints only). Actually 14Y above need code 3 (finger prints plus digital photo and signature). Now every time I call TSC, they say Biometric (digital photo and signature) is missing.

I notice in past that USCIS approve kids case without biometric and send notice of biometric along with approval. Once biometric uploaded, they order for production of GC.

I am confusing what TSC is doing? neither sending biometric notice nor approving case !! I am not sure; am I going to miss flight again??

Please share your experience.
Click to expand...

Sure I will do that! probably I will be calling today.
 
Update on Telephone discussions

Today I called USCIS for my daughters cases and here is the update.

Calling USCIS.

Date: 08-08-08
Time: 9.45 am

Total no. of Applications: 3

1-800-375-5283

1-2-2-6-1
(Receipt #) -1
3-4

Caller: Self, Sarwar
Responded by: Officer, Ms. Officer


---------------------------------------------------------------------------------
Benificiary Application Type Alien No. Receipt No.
---------------------------------------------------------------------------------

1) nnn I-485 xxx EAC-yyy

2) nnn I-485 xxx EAC-yyy

3) nnn I-131 xxx SRC-yyy

4)nnn I-485 xxx EAC-yyy

---------------------------------------------------------------------------------

Reasons are given application no. wise:

1) 485's: Digital picture and signature are pending and Ms. Officer will be sending appointment notice.

2) 485's: Digital picture and signature are pending and Ms. Officer will be sending appointment notice.

3) 131's: The case has been approved and Ms. Officer will be talking to approving officer. It is advised to wait for another 10 days.
 
I spoke with TSC several times (I don't remember how many times) in last 13 months and requested to send us notice for digital picture and signature (Biometric code 2). Still today, neither I got notice for biometrics nor approval.
As such without digital picture and signature, USCIS can approve case, if all other things are current. They order GC production once digital picture uploaded to the system.

Some time I encounter very crappy Immigration officers (simply don't know the basic things). We know much better about their system !!! They made mistakes and complicate the case. It need simple luck to cross vicious circle.


sarwarmd said:
Today I called USCIS for my daughters cases and here is the update.

Calling USCIS.

Date: 08-08-08
Time: 9.45 am

Total no. of Applications: 3

1-800-375-5283

1-2-2-6-1
(Receipt #) -1
3-4

Caller: Self, Sarwar
Responded by: Officer, Ms. Officer


---------------------------------------------------------------------------------
Benificiary Application Type Alien No. Receipt No.
---------------------------------------------------------------------------------

1) nnn I-485 xxx EAC-yyy

2) nnn I-485 xxx EAC-yyy

3) nnn I-131 xxx SRC-yyy

4)nnn I-485 xxx EAC-yyy

---------------------------------------------------------------------------------

Reasons are given application no. wise:

1) 485's: Digital picture and signature are pending and Ms. Officer will be sending appointment notice.

2) 485's: Digital picture and signature are pending and Ms. Officer will be sending appointment notice.

3) 131's: The case has been approved and Ms. Officer will be talking to approving officer. It is advised to wait for another 10 days.
Click to expand...
 
any similar path approval cases

khodalmd said:
I spoke with TSC several times (I don't remember how many times) in last 13 months and requested to send us notice for digital picture and signature (Biometric code 2). Still today, neither I got notice for biometrics nor approval.
As such without digital picture and signature, USCIS can approve case, if all other things are current. They order GC production once digital picture uploaded to the system.

Some time I encounter very crappy Immigration officers (simply don't know the basic things). We know much better about their system !!! They made mistakes and complicate the case. It need simple luck to cross vicious circle.
Click to expand...
Khodalmd,
Have you or any body seen approval cases which will follow issuing Digital FP notices(like my case now)!
I wish that some thing will start working soon in your pending cases!
 
Friends,

Today we called TSC to enquire about my spouse case, IO kept on telling call the customer service number, we kept requesting her saying Mam it not status enquiry please tell us why spouse case is seperated. She repeatedly took EAC and A# for both of us, then finally she said this case has been separated so far, I will request my superviser to review for approval. She also said everything is clear for this case.

Now we just pray and hope she will touch our case.
 
I was lucky to get little good TSC IO on Friday the August 8. She informed me that you will get Biometric notice (digital picture and signature) for your son along with 485 approval letter. I told her when it will going to approve? she replied I don't know but every thing is OK !!

I found interesting info from Attorney Ron Gotcher as follow. Does it mean all old derivative cases are stored at Virginia Central storage facility and still not reached to TSC and NSC?? They are now approving July 07 filers. May be we have to wait few more days or we are going to miss flight again???

I checked up the approval trends for EB2/India at Trakkit and it support this theory. All the approval so far is of July 2007(I am not talking about Priority dates) I 485 filers whose files are are still at TSC/NSC. The people who filed I 485 in 2006, 2005 and before are not approved so far!!!!


Quote:
Originally Posted by Ron Gotcher View Post
Generally speaking, due to storage space limitations at the service centers, if a file is not going to go to adjudication within 90 days, it is sent to the CIS national storage facility in Virginia. As the time for adjudication approaches, service center personnel will request that the file be sent back to the service center. Once returned, it will go back into the queue of files awaiting adjudication.

Right now, there are a substantial number of combined processing cases that have been sent to Virginia for indefinite storage. These are all of the Indian and Chinese EB second and third preference cases, as well as all worldwide third preference cases that were filed while visa numbers were available, but can’t be closed out because the cut-off dates retrogressed. These files will remain in Virginia until the Visa Bulletin cut-off dates advance beyond the individual priority dates for the files..
Holy smokes. I had no idea about this wrinkle. So now when dates move forward for only a month or so before retrogressing again it is possible that you miss the out simply because your file didn't make it back from Virginia??

When TSC IOs tell you that you that "your file is in the file room" - is this what they mean - the Virginia storage facility?

sarwarmd said:
Khodalmd,
Have you or any body seen approval cases which will follow issuing Digital FP notices(like my case now)!
I wish that some thing will start working soon in your pending cases!
Click to expand...
 
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Still waiting for FP notices

khodalmd said:
I was lucky to get little good TSC IO on Friday the August 8. She informed me that you will get Biometric notice (digital picture and signature) for your son along with 485 approval letter. I told her when it will going to approve? she replied I don't know but every thing is OK !!

I found interesting info from Attorney Ron Gotcher as follow. Does it mean all old derivative cases are stored at Virginia Central storage facility and still not reached to TSC and NSC?? They are now approving July 07 filers. May be we have to wait few more days or we are going to miss flight again???

I checked up the approval trends for EB2/India at Trakkit and it support this theory. All the approval so far is of July 2007(I am not talking about Priority dates) I 485 filers whose files are are still at TSC/NSC. The people who filed I 485 in 2006, 2005 and before are not approved so far!!!!


Quote:
Originally Posted by Ron Gotcher View Post
Generally speaking, due to storage space limitations at the service centers, if a file is not going to go to adjudication within 90 days, it is sent to the CIS national storage facility in Virginia. As the time for adjudication approaches, service center personnel will request that the file be sent back to the service center. Once returned, it will go back into the queue of files awaiting adjudication.

Right now, there are a substantial number of combined processing cases that have been sent to Virginia for indefinite storage. These are all of the Indian and Chinese EB second and third preference cases, as well as all worldwide third preference cases that were filed while visa numbers were available, but can’t be closed out because the cut-off dates retrogressed. These files will remain in Virginia until the Visa Bulletin cut-off dates advance beyond the individual priority dates for the files..
Holy smokes. I had no idea about this wrinkle. So now when dates move forward for only a month or so before retrogressing again it is possible that you miss the out simply because your file didn't make it back from Virginia??

When TSC IOs tell you that you that "your file is in the file room" - is this what they mean - the Virginia storage facility?
Click to expand...

Khodalmd,
TSC Officer told me on 08-05-08 that she is sending FP notices for my kids and I am still waiting for the notices. I am not sure that how long it is going to take if she is really sending notices!
 
Thinking of calling after 3 weeks from previous call

Hi All,
I have called USCIS on 08-05-08 for my 3 applications (two 485s and one 131). As per IO on that day, I should have got response of FP notices for 485 and approval notice for 131. I have not seen any response so far. In the event of not receiving any response, I am thinking of calling USCIS again after 3 weeks from 08-05-2008. What do you think!
Thanks in advance,
 
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