USCIS cashed only one check!

[TKD]

Hello everyone, I wish I had found this forum prior to filling my marriage based petition last month, things would have been a lot clearer and easier. Anyway better late than ever. I hope someone cah shed some light on some of my issues.

I came to the US on F1 visa in 2002, then got on H1b till 2009, in January 2007, my then employer filed a labor cert for me to begin the green card process and that was approved within 2 weeks, but it was under EB3 (they totally screwed up because it should have been EB2 since I had a masters and more than 4 years work experience prior to joining them). In anycase the wait began, and in August 2007, I got a brief window to file my 140 and 485 concurrently, and I have been on EAD since then. I left my employer in December 2008 and now work for a different one with my same petition (AC21 portability).

However, I got married to a US citizen in May 2009, and was reluctant to file all over again, do the whole medicals and pay $1010, but it seemed I had no other choice because EB3 was just not moving. On Feb 25th 2010, my husband and I sent off form I130, I864 and a new I485 (I was not aware that I could link my I130 to the pending EB3 one). We sent three checks for each of the forms. I also included my Alien number on all forms and wrote my status as pending EB3 in all applicable places, I sent copies of my approved 140 and my EB3 485 receipt notice.

Now, the USCIS has cashed the I130 check, and through my bank, I was able to see a receipt number on the check, however the new 485 check has not been cashed yet. Do you think the USCIS will link my petition to the pending EB3 I485 and send me back my check? I am not sure what to expect anymore, I hope I have not confused them.

Any insight will be greatly appreciated.

Thanks

 

[Triple Citizen]

No. Your employment based I-485 and your family based I-485 have no connection to each other.

Do you think the USCIS will link my petition to the pending EB3 I485 and send me back my check? I am not sure what to expect anymore, I hope I have not confused them.

 

[TKD]

uh! I wonder why they have not cashed the I130 check or sent me receipt notices for anyone of my applications. They have had my stuff for 10 days now, and judging by what I see here, people seem to get emails or texts from them qithin a week.

 

[Jackolantern]

I came to the US on F1 visa in 2002, then got on H1b till 2009, in January 2007, my then employer filed a labor cert for me to begin the green card process and that was approved within 2 weeks, but it was under EB3 (they totally screwed up because it should have been EB2 since I had a masters and more than 4 years work experience prior to joining them).

To qualify for EB2, it is not sufficient for the employee to have a Masters degree; the job must also require a Masters degree (or Bachelors + 5 years experience). If the job didn't have that requirement, it's not a screwup for them to file it as EB3.

On Feb 25th 2010, my husband and I sent off form I130, I864 and a new I485 (I was not aware that I could link my I130 to the pending EB3 one).

Interfiling of an existing I-485 from employment-based to family-based is an unusual thing and USCIS doesn't seem to have a clear and consistent policy on it. Some have attempted it, only to be told they have to file a new I-485, while at least one person on this forum managed to get them to accept the EB->FB interfiling request but the I-485 has not been approved yet. Filing a new I-485 is a safer more straightforward option (albeit more expensive).

 

[dhlunar]

uh! I wonder why they have not cashed the I130 check or sent me receipt notices for anyone of my applications. They have had my stuff for 10 days now, and judging by what I see here, people seem to get emails or texts from them within a week.

Did you include a G-1145 with your application packet? That is the only way for the lockbox to send you an email and/or text that you application has been accepted by the lockbox. The emails I got had the receipt numbers but didn't say which receipt is for which form.

 

[TKD]

I got a rejection notice for the 485 today! They said I did not include the correct fee, because I included 2 checks: one for $1010 for the 485 and biometrics, and the other for $70 for the 864, I was apparently not supposed to pay for the I864. I however got a receipt notice for my I130. I will resend the 485 tonight...