TSC Consolidated 485 Tracker
- Thread starter atl01
- Start date
gciscoming
Registered Users (C)
my husband (primary applicant) and kids' 485 were approved on Mar. 22 and card mailed yesterday. But my case is still pending due to name check.
(see my provious post for our case details).
My question are:
1. If my husband changes job now, is there any impact for my 485?
2. If he can not change job now, when he can change the job? 6 months later or until my 485 approve?
Thanks for any advice and information.
(see my provious post for our case details).
My question are:
1. If my husband changes job now, is there any impact for my 485?
2. If he can not change job now, when he can change the job? 6 months later or until my 485 approve?
Thanks for any advice and information.
american_in_usa
Registered Users (C)
ybnyk, according to my lawyer, one can travel as long as they have a valid H1B (or H4) visa. I had similar concerns a few weeks ago, when I wanted to travel on my H1B visa, and was apprehensive of the situation in case my AP or 485 got approved while I was out of the country. He told me it would be fine to travel. (Btw, I did not get any approvals while I was traveling - so I do not have any first hand experience - just advice from my lawyer).
american_in_usa
Registered Users (C)
Congratulations!!!!!! I am confident that you'll get yours too very soon.
Could you please post the details of your case (country of origin, date of filing 485, etc.)? Also, did you take any steps to clear name check, etc.?
Thanks.
gciscoming
Registered Users (C)
Thank you for you nice words. I hope so.
here is the case detail
case details
PD: June 2002, CA, China
LC:
RIR EB2 state approve May 2003
Received case close letter Feb 2005 (Never got 45days letter)
case reopen on July 2005
approved on May 2006
140/485
RD: 20 June 2006
140 AD: 1 Aug 2006
485 AD: 22 March 2007 (for primary applicatant and kids, but not spouse)
FP:
1 July 2006 (for elder kid and parent)(not the day which FP letter assigned)
31 Aug 2006 (for young kid less than 10 years) (not the day and place which the FP letter assigned)
LUD:
last LUD is 12 Oct. 2006, no LUD before approval
NIW_Engineer
Registered Users (C)
gciscoming... if he changes jobs it will not affect you because your 485 is based on your marriage, not his job. Having said that, if he leaves his employer right after getting his GC this might be interpreted as immigration fraud. There are plenty of discussions about this on the "Life After Green Card" forum, go there for better advice, especially this "sticky" thread:
http://www.immigrationportal.com/showthread.php?t=154533
gciscoming
Registered Users (C)
Thanks NIW_Engineer,
american_in_usa, I am aware that you can travel on valid H1/H4 while AP is pending. But my question is if it is approved while abroad, is it valid or not valid? She can return back again on H4 as long as my 485 is not approved. But if my 485 is approved, can she use this AP for re-entry to US? The I131 says your AP request is considered abandoned if you travel abroad while AP request is pending.
Thanks
ybnyk
Last edited by a moderator:
ybnyk,
What you are describing is a complicated situation with several possible scenarios which few people on this board ever experienced. Even if someone offers advice based on personal experience, they may not match yours exactly. Considering the significance of this matter, I strongly recommend talking to your attorney and not relying on public forums. You probably already contacted them and just wanted to get second opinions here, so just my 2 cents. Also your attorney's advice is legally binding and they have to defend you in court if anything happens (God forbidden), so make sure you get a firm answer from them.
Hopefully everything works out Ok.
What you are describing is a complicated situation with several possible scenarios which few people on this board ever experienced. Even if someone offers advice based on personal experience, they may not match yours exactly. Considering the significance of this matter, I strongly recommend talking to your attorney and not relying on public forums. You probably already contacted them and just wanted to get second opinions here, so just my 2 cents. Also your attorney's advice is legally binding and they have to defend you in court if anything happens (God forbidden), so make sure you get a firm answer from them.
Hopefully everything works out Ok.
Thanks Zgreen. Yes, I am asking for a second openion from the forum. I talked to lawyer today ans she said that the AP is valid even if she is not US during the approval. Whatever is there on I131 is old rule. I am still worried a little. Because the lawyers may not be right sometimes and the language on I131 is very explicit.
Anyway, thanks for the reply.
A few months back, my attorney said that before someone can leave US, they should have AP approved to use it while returning. I loss $500 from my pocket for booking a flight thinking that I can mail AP later to my spouse to the country where she is going and later cancelling the ticket .
This immigration system is a mess .Each lawyers have their own versions.
This immigration system is a mess .Each lawyers have their own versions.
relax
Some people's cases update, some don't. Nobody nows why, and you can do nothing about it.
Some people's cases update, some don't. Nobody nows why, and you can do nothing about it.
Yes, it's normal. Don't worry. You may double check if they received biometrics info by calling the service center.
NIW_Engineer
Registered Users (C)
Alright, here's what I suggest: Usually, when you do biometrics the FBI gets the prints the same day or maybe the next and then they return the results to USCIS the same day or maybe the next. Call the FBI fingerprint unit (be prepared and have your receipt notice and your A#) to check if they processed your prints... you might be able to ask about your wife's, I'm not sure.
Anyway, if the FBI says they sent the result to USCIS then try to contact them (try the POJ technique to get to TSC not the worthless national customer service center) and ask if they received it. If you're lucky you might get a nice officer who will tell you.
The number for the FBI fingerprint unit is in the bottom of this page:
http://www.fbi.gov/hq/cjisd/iafis.htm
The POJ technique to get to TSC is detailed in this post:
http://www.immigrationportal.com/showthread.php?p=1623626#post1623626
Let us know what happened. Good luck.
nobody2006
Registered Users (C)
just got a LUD to share with you. see signature pls
the joy is on
As far as I know and after talking with the staffs at a local congresswoman's office, namecheck is not the only check USCIS does. When they take the finger prints, they send the prints to fbi, then fbi usually returns the result of the finding very quick. Once finger print is done, they check for detail background information. No one knows the detail of what exactly that is, it could be police report, criminal report or whatever. USCIS would only term it as something "administrative background check" or something similar. Congressman or woman cannot do a thing once USCIS says that's what they are doing.
What I also learned if they have to stop and think if they should approve the case, they will simply deny the case. So everything with the applicants have to be as clear as the water from river nile or whatever you hold dear.
Having said all that, I have actually seen people who were out of status for long time, in some case they had deportation letters from judges and did all kinds of funny stuffs and still got the green card and roaming around like some hotshots or something.
So if you have diginity and you want to live in peace, you just have to go thru this pain of waiting. There is no escape. Take it as a test of your strength, faith or whatever you want to call it. If it's too tough for you, I would recommend start talking with counselor and talk to your doctor about 10 mlg of Lexapro a day. Everything will be cool after that.
Good luck
As far as I know and after talking with the staffs at a local congresswoman's office, namecheck is not the only check USCIS does. When they take the finger prints, they send the prints to fbi, then fbi usually returns the result of the finding very quick. Once finger print is done, they check for detail background information. No one knows the detail of what exactly that is, it could be police report, criminal report or whatever. USCIS would only term it as something "administrative background check" or something similar. Congressman or woman cannot do a thing once USCIS says that's what they are doing.
What I also learned if they have to stop and think if they should approve the case, they will simply deny the case. So everything with the applicants have to be as clear as the water from river nile or whatever you hold dear.
Having said all that, I have actually seen people who were out of status for long time, in some case they had deportation letters from judges and did all kinds of funny stuffs and still got the green card and roaming around like some hotshots or something.
So if you have diginity and you want to live in peace, you just have to go thru this pain of waiting. There is no escape. Take it as a test of your strength, faith or whatever you want to call it. If it's too tough for you, I would recommend start talking with counselor and talk to your doctor about 10 mlg of Lexapro a day. Everything will be cool after that.
Good luck
Received card
aycy
NJ EB2 RIR
MALAYSIA
PD June 25'02
I-140(regular)/1-485/I-765/I-131 RD October 16'06
I-757 AD Nov 3’06
I-131 LUD Nov 21’06 AD Nov 27’06
FP November 8'06
I-140 LUD Nov 7’06, RFE Nov 9’06, LUD Nov 13’06 LUD Dec 16’06 (RFE not received)
RFE resend Jan 30’07, Jan 31’07 LUD, Feb 1’07 LUD.
RFE received Feb 5’07
RFE rebutted Feb 7’07
Texas Service Center acknowledged the RFE on February 9’07
I-140 AD Feb 21’07
I-485 LUD 3/20/07 Approval notice sent 3/21/07
Card mailed March 23’07
Received Card March 28’07
aycy
NJ EB2 RIR
MALAYSIA
PD June 25'02
I-140(regular)/1-485/I-765/I-131 RD October 16'06
I-757 AD Nov 3’06
I-131 LUD Nov 21’06 AD Nov 27’06
FP November 8'06
I-140 LUD Nov 7’06, RFE Nov 9’06, LUD Nov 13’06 LUD Dec 16’06 (RFE not received)
RFE resend Jan 30’07, Jan 31’07 LUD, Feb 1’07 LUD.
RFE received Feb 5’07
RFE rebutted Feb 7’07
Texas Service Center acknowledged the RFE on February 9’07
I-140 AD Feb 21’07
I-485 LUD 3/20/07 Approval notice sent 3/21/07
Card mailed March 23’07
Received Card March 28’07
rollingstone
Registered Users (C)
I was wondering - if uscis does not use up all visas by end of Sep, can it grant the leftover ones in OCt or later? I mean if they progress the availibility dates now, and allow more people to file now, they won't be approve all of them by end of Sep because namecheck takes so much time. Correct?
Cards received
I've received cards for me and my spouse yesterday. Kid's GC should be in mailbox today. End of my 7 yo journey. Guess, I'll see many of you here in 5 years in N-400 thread.
Happiness has not arrived with green plastic. But I definitely feel releived and confident in the future now.
Thanks everyone for the help and good luck to you all!
I've received cards for me and my spouse yesterday. Kid's GC should be in mailbox today. End of my 7 yo journey. Guess, I'll see many of you here in 5 years in N-400 thread.
Happiness has not arrived with green plastic. But I definitely feel releived and confident in the future now.
Thanks everyone for the help and good luck to you all!