Transfer after expedite request

udacha6

Registered Users (C)
My spouse's case was transferred to the local office four days after an expedite request was filed (Feb'02) case. Surprisingly the transfer notice doesn't say anything about scheduling an interview.
It just says that "the local office will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office"....
My (primary) case is still in "We received your FP" status in Vermont

What do you think:

1) Was the transfer a result of the expedite request
2) Will my spouse have to go to an interview
3) What will happen to my case
 
udacha6 said:
My spouse's case was transferred to the local office four days after an expedite request was filed (Feb'02) case. Surprisingly the transfer notice doesn't say anything about scheduling an interview.
It just says that "the local office will send you a written decision as soon as processing is complete. You should receive a notice informing you that your case has been transferred to a local office"....
My (primary) case is still in "We received your FP" status in Vermont

What do you think:

1) Was the transfer a result of the expedite request
2) Will my spouse have to go to an interview
3) What will happen to my case

1) Very possible, but also see below for other possible transfer reasons.
2) No. They will process it without an interview. The transfer notice would have been different if an interview was coming.
3) Its seems your case was already approved according to your other post.

Your spouse won't get an interview. That's the good news.

The bad news is that although each local office posts a processing date for I-485, this is not for EB cases, and its not specified clearly either in the processing times bulletin, buts its just for FB cases. I found this out when I visited the local office and showed them that the ND for my case was 18 months past the processing date for my local office. Thier excuse is that EB cases are not the jurisdiction of the local offices, but rather they are in the jursdiction of the service centers, so they don't need to report a processing date. So since your spouse's case is a derivative EB case, it could sit in a black hole with no way for you to ask them to speed it up, since they will always tell you to wait indefinitely.

Case transfers can happen for any number of reasons, and quite frankly they can even happen just at the discretion of the adjudicating officer, as a random check. read this:

{excerpt from the "I-485 Standard Operating Procedure", page 7-3.24}

Employment based Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.

Employment-based:

• The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.

• The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.

• The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.

• The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.

• Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.


Deviation From Interview Waiver Criteria

The above interview waiver criteria may be modified by individual officers in
response to developing local circumstances and regional concerns, which
would dictate the need for further restrictions.

On a case by-case basis, an officer may choose to relocate an I-485 for
interview if he/she deems it necessary. Applications require a relocation if
the officer determines:
• a need for validation of identity
• a need for validation of legal status
• questionable admissibility and/or qualifications
• apparent fraud
• a second filing
• an applicant with fingerprint rejected twice
• an applicant with medical condition class A or B
• the A-file cannot be located at the time of adjudication.
 
Thanks curiousGeorge.
Yes, my case was approved minutes after I posted this message. I was expecting a transfer notice together with my spouse.
As for the interview waiver I think what you posted is from the I-485 application manual, right? What is a medical condition class A or B? My spouse did have some issues at the medical exam, but I need some clarification on that.
 
http://www.hias.org/Immigration/glossary.html

Class A Medical Condition
A medical condition that renders a person inadmissible to the United States unless the applicant is eligible for a waiver. These conditions are:

A communicable disease of public health significance. This currently includes any of the following diseases: (1) Chancroid, (2) Gonorrhea (3) Granuloma inguinale, (4) Human immunodeficiency virus (HIV) infection, (5) Leprosy, infectious, (6) Lymphogranuloma venereum, (7) Syphilis, infectious stage, and (8) Tuberculosis, active.

A physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others;

A history of a physical or mental disorder and behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or lead to other harmful behavior;

Drug abuse or addiction.



Class B Medical condition
For purposes of admission to the United States, are defined at 42 CFR § 34.2(e) as a medical condition consisting of a physical or mental abnormality, disease, or disability serious in degree or permanent in nature amounting to a substantial departure from normal well-being. Inactive tuberculosis is a Class B medical condition. medical treatment or institutionalization in the future."
however, they do not render the applicant inadmissible on medical grounds. Waivers are discussed in Chapter 41.3.
 
Top