TSC Consolidated 485 Tracker

schehrazi said:
Please look for AC-21 in this thread.

As far as I know, you can change your employer or become a consultant if your I-140 has been approved and your I-485 has been pending for six month.
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I am in the same boat (I485 pending for over 6 months), starting with my new employer hopfully in August. However, my attoreny advised I maintain my H1B status. He said once you switch to EAD you lose your non-immigrant status and you are at risk in case your I485 get denied. He really confused me and am not sure what to do next.
 
GCSyndrome said:
I am in the same boat (I485 pending for over 6 months), starting with my new employer hopfully in August. However, my attoreny advised I maintain my H1B status. He said once you switch to EAD you lose your non-immigrant status and you are at risk in case your I485 get denied. He really confused me and am not sure what to do next.
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Your attorney is definitely right. If you can, you should keep your H-1B status. You can always transfer your H-1B to a new employer and that's straight forward. Your attorney should be able to do that for you.

As far as greencard goes, your I-485 will remain valid if you change your I-140 is approved and you change your employer 6 month after filing date of I-485.
 
Congratulations!

9 years is a long, long time... you are finally free. Congrats and enjoy! :)

GYC said:
Both my and my wife's case been approved today, no LUDs in between since Nov 21, 2006.

I had been sitting and waiting my Labor for over 8 years without doing anything, trusted my lawyer, he had told me Traditional labor would be treated same in DOL, he had told me no use to contact to Senators, public officers....
When I received RFE about my labor last year, I had found out that several errors in my filling paper due to lawyer'e inexpereince, then I started to look solutions by myself, and this lead me to this website, basically I prepared the RFE myself and had my lawyer sent it back to DOL...and get LC certified in September last year...

Filed I-485 in Nov. 2006, In May, 2007, I had my employer send letters two senators for expediate my case, and I write to First Lady for help on name check. I had not receive any feed back from senators and First Lady, I don't know if any of those inquiries helped solve my case.
I would suggest all of you write to senators and public officers if your case is pending over 4 months.
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Senator's office reply

This is what his office got from CIS officials.

A visa number was not requested for her application before the cut-off date on July the 2nd, 2007. Her application cannot be processed at this time. It's expected that more visa numbers will become available on October the 1st, 2007.
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So, as far as this visa-allotted-or-not thingy goes, sounds like infopass was wrong and TSC IO (via POJ) was right. But infopass was wrong is well understandable; we went to see them right after the July Bulletin fiasco.

So, there is nothing we can do about this at least till October (if the October VB becomes current for EB2 ROW). We are not really holding our breath about mid September, though.
 
geofu54 said:
This is what his office got from CIS officials.



So, as far as this visa-allotted-or-not thingy goes, sounds like infopass was wrong and TSC IO (via POJ) was right. But infopass was wrong is well understandable; we went to see them right after the July Bulletin fiasco.

So, there is nothing we can do about this at least till October (if the October VB becomes current for EB2 ROW). We are not really holding our breath about mid September, though.
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Don't loose hopes.. My friend received same response from Senators office by regular mail and one day before he got email from CRIS saying that his case have been approved. Who ever completed recent FP's and done with Name check and Background check's can except approvals any time soon.. Just my 2 cents
 
I am in your boat guys....name check pending....1 yr anniversary. I was lucky in that the name check allowed delay of 485 approval and got married in June. Sent wifes app in on july 2.

I met congressman, wrote letters to senator, zoe, fl, ombudsman this past 2-3 weeks. TSC IO says case assigned to officer on june 12, but also in NC.

No Luds for 10 months. I think its VSC->TSC cases for now. We need to wait for our time.
 
After months and months of inactivity on my case, I got an RFE on my I-140. At the same time, I've had multiple LUDs on my I-485. I know one should not read much into LUDs and I'm probably still in a security check, but it is nice to see that someone is opening my files.
 
Thanks jkss12. The letter is disappointing but we won't let this get to us.

herenthere, do I remember correctly you initiated SR when that "March some some" processing date was published? Did you hear from them? I'm guessing those REFs have something to do with that. I-140 REF is a good thing -- once it is replied and received they should approve it right away.
 
geofu54 said:
Thanks jkss12. The letter is disappointing but we won't let this get to us.

herenthere, do I remember correctly you initiated SR when that "March some some" processing date was published? Did you hear from them? I'm guessing those REFs have something to do with that. I-140 REF is a good thing -- once it is replied and received they should approve it right away.
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geofu54 - you are correct, I initiated an SR on both my I-485 and I-140. They responded to the I-140 by issuing an RFE (and sent me a letter to confirm) but no response on the I-485 SR, which was done a couple of weeks before the I-140 one. Either way, I'm glad things are moving and I'm looking forward to the approval of my I-140, which hopefully will clear one obstacle from the I-485.
 
forrest_gump said:
It seems my case has been approved. I received an email at 10 pm that they have ordered production of my card. Did not receive any LUDs in the past 9 months till just now.

Who knew USCIS works and approves cases at 10 pm in the night :)

I was struck in name check before, and I have to thank President Bush, the FL, and my Congressmen for helping me clear all this mess.

Good luck to all of you still waiting. Let me know if I can be of any help in answering any questions.

EB1, India
I-485: Oct 2006.
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Forrest
Were you on EB1-C?
I am also waiting in EB1-C same RD as yours.
 
rollingstone said:
How so? Your sig. says 485 filed Jul 2006. BTW I passed my anniversary too sometime this month.
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My PD is from a previous employer in the US. My wait during that period included 21 months for labor certification and 5 months for I140 before we filed I485 in July 99. In 2000 I left my employer and had to return to my home country for 1 year. This meant I my first I485 was withdrawn. At the time there was no AC21 portability so when I returned in late 2001 on a new H1B and filed for my labor with my new employer we were behind a lot of others in CA.

After a wait of 4 years in which my labor never made it past CA SWA and DOL BEC in Dallas my employer filed for PERM. That was approved quickly and enabled us to file I140 and I485 concurrently.

All told so far I have endured government inefficiencies as follows:

Labor - 6 years
I140 - 5 months
I485 - 2 years

At least I should be near the head of the line in October... (if my name check clears by then)
 
From other threads, looks like instead of approval, those of you who did not do TB skin test can now expect a NOID (without even an RFE). I think this is something we need to talk to Ombudsman about - they need to atleast send an RFE before the NOID.
 
That's what I noticed too last coupla days. Some still getting a REF, but the increasing number of guys getting a NOID. No consistency whatsoever. Anyway, do we need coordination for this action, such as an email-template or media (e.g., letter rather than email)? Otherwise I can go ahead and email.

rollingstone said:
From other threads, looks like instead of approval, those of you who did not do TB skin test can now expect a NOID (without even an RFE). I think this is something we need to talk to Ombudsman about - they need to atleast send an RFE before the NOID.
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Oh boy, this is scary. I'm pretty much expecting an RFE for the skin test as my doctor said it wasn't necessary and I could go straight to the x-rays...now I have to expect an NOID??? Maybe that is what the LUDs on my case are about.

Is there much difference between an NOID and a RFE? It seems like if you don't respond to either, your case may be denied, except maybe an RFE gives you one more chance in the form of an NOID before it is denied. Either way, responding to an NOID for a skin test should be relatively straightforward, right? Or are you given less time to respond to an NOID?
 
I wouldn't worry too much about NOID because of missing TB test. First of all, there is no consistency with USCIS whatsoever; it is just not in their blood. So a few examples barely qualify as an ongoing trend. Secondly, it will be an out cry for lawsuits if USCIS denies cases for missing documents without even sending out RFE's. Lastly, don't we already have enough to worry about, like FBI name check, visa availability, processing dates moving backward every month? So I'd say we give it a few more weeks and see where it goes.
 
Yup, you are right, the issues you listed are certainly more serious and most of them need legislative action. This one, in contrast, can be addressed by simply writing to Ombudsman. No hassle... we can do that while worrying about those serious issues at the same time.

As long as they designate some physicians to conduct the medicals and require us to go see nobody but them (no choice about it), it's their responsibility to have a clear guideline about TB test AND make sure that all the surgeons follow that. It's not applicants' fault, and yet they issue a REF/NOID and people end up paying extra $ to reply to it. At least they should issue REF before NOID (not to give attorneys any reason to charge extra... there are a bunch of greedy guys out there, you know?).


Zgreen said:
I wouldn't worry too much about NOID because of missing TB test. First of all, there is no consistency with USCIS whatsoever; it is just not in their blood. So a few examples barely qualify as an ongoing trend. Secondly, it will be an out cry for lawsuits if USCIS denies cases for missing documents without even sending out RFE's. Lastly, don't we already have enough to worry about, like FBI name check, visa availability, processing dates moving backward every month? So I'd say we give it a few more weeks and see where it goes.
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