Very Interesting Update on 485..Gurus..pls take a look at it.

[StukAtBEC]

Background:
My 2004-November EB2 (India) labor got approved on Aug 9th from PBEC and my attorny received the hard copy on Aug 13th. I was lucky enough to file my I140 and I485 concurrently at TSC on August 17th. I have also filed I485 for my spouse along with I765 and I131.

My attorney received all the receipts for both of us on October 23rd and they have a notice date of October 17th.

Our attorney actually maintains a website where each of us can check the status of all the applications filed so far. It also has all the updates that they receieve on each case.

On October 26th when I logged into my account, I have noticed that my attorney has received RFE for both the AOS applications and it also shows that my attorney filed the response on the very same day.

Since I received all the receipts for my applications, I'am assuming that there could be nothing wrong with our files as such.

Question:
Why did they open my file within a week of receipting it? I read that RFE's are usually issued at the time of adjudicating the application. I also heard that 485's are processed based on RD and not on PD? Am..I missing something here? Any ideas..thoughts...??

I do not want to ask my attorney about the details of the RFE as they already filed the response and since I did not here anything from them regarding the RFE, I do not want bombard them with these questions.

If any one else received RFE's within a week of receipting..please let me know the details of the RFE (if your attorney gave it to you).

Best Regards.

[paskal]

processing is done by PD

by RD ONLY if the dates are current, which is not true for now...

[StukAtBEC]

Originally Posted by paskal

processing is done by PD

by RD ONLY if the dates are current, which is not true for now...

Paskal,

Thanks a lot for the response. So PD does matter during the processing of AOS applications and not just during the allocation of visa numbers.

I got that completely wrong. I was under the impression that our AOS applications would not be touched until USCIS is done with processing all the other AOS applications that they received during July-August period.

Another quick question..what happens if they are done with processing my AOS application and my I-140 is still pending? Are I140's also processed by PD or RD? I did file both of them together on August 17th.

I hope that I will not get stuck in name check process.

Thanks a lot for your time. I really appreciate your responses.

Regards.

[paskal]

your I-140 will be processed in the order received
so you have to wait for that to happen
they will pre adjudicate your 485 (which is good) and if it's all clear when the 140 gets approved and your date is current- you will get a GC!

all the best

[mrane1]

Originally Posted by StukAtBEC

Background:
My 2004-November EB2 (India) labor got approved on Aug 9th from PBEC and my attorny received the hard copy on Aug 13th. I was lucky enough to file my I140 and I485 concurrently at TSC on August 17th. I have also filed I485 for my spouse along with I765 and I131.

My attorney received all the receipts for both of us on October 23rd and they have a notice date of October 17th.

Our attorney actually maintains a website where each of us can check the status of all the applications filed so far. It also has all the updates that they receieve on each case.

On October 26th when I logged into my account, I have noticed that my attorney has received RFE for both the AOS applications and it also shows that my attorney filed the response on the very same day.

Since I received all the receipts for my applications, I'am assuming that there could be nothing wrong with our files as such.

Question:
Why did they open my file within a week of receipting it? I read that RFE's are usually issued at the time of adjudicating the application. I also heard that 485's are processed based on RD and not on PD? Am..I missing something here? Any ideas..thoughts...??

I do not want to ask my attorney about the details of the RFE as they already filed the response and since I did not here anything from them regarding the RFE, I do not want bombard them with these questions.

If any one else received RFE's within a week of receipting..please let me know the details of the RFE (if your attorney gave it to you).

Best Regards.

Your are in a good position... You should become current by Aug 2008... just hope to clear NC!

[venky08]

Originally Posted by StukAtBEC

I do not want to ask my attorney about the details of the RFE as they already filed the response and since I did not here anything from them regarding the RFE, I do not want bombard them with these questions.

why are you afraid to ask your attorney about what was in the RFE? He is *serving* you. You (your company) pay him his fees so that he can represent you and help you with your case.

[StukAtBEC]

Originally Posted by venky08

why are you afraid to ask your attorney about what was in the RFE? He is *serving* you. You (your company) pay him his fees so that he can represent you and help you with your case.

It's not that I'am afraid of them. They are a very big law firm and I have literally been on their back when my application was stuck at PBEC. They were really good in responding back to me. It was important to me that they contacted PBEC on a regular basis and have them work on it, which they did.

Since they already responded back to the RFE on the same day without reaching out to me, I' am assuming that it might not be a critical one.

I did not reach out to our attorney as I really don't care about the details of the RFE as along as they were in a position to respond back to the agency.

If some one is working on a case (or any job for that matter)..it is definetly not a good idea to ask them the details of that case/job on a constant basis. They know what they are doing and they would reach out to us if they need any additional information.

My question was not primarily regarding the RFE itself but regarding the order in which USCIS would process the AOS applications.

I read somewhere that RFE's are only issued if they are working on that particular case and I was under the impression that USCIS processed AOS applications based on RD and not on PD.

Paskal's reply answers all my questions.

Regards.

[StukAtBEC]

Originally Posted by paskal

your I-140 will be processed in the order received
so you have to wait for that to happen
they will pre adjudicate your 485 (which is good) and if it's all clear when the 140 gets approved and your date is current- you will get a GC!

all the best

Thanks a lot! Your responses answer all the questions I had in my mind. Aprreciate your help.

Best Regards.

[StukAtBEC]

Originally Posted by mrane1

Your are in a good position... You should become current by Aug 2008... just hope to clear NC!

Thanks for sharing your views. As far as NC is concerend..I will keep my fingers crossed and hope for the best.

After getting stuck in BEC's, I hope that I will not be subjected to another long wait.....I believe that lightining cannot strike the same place twice

[StuckInTheMuck]

Originally Posted by StukAtBEC

I believe that lightining cannot strike the same place twice

Technically it can, but does not However, looking at the recent performance record of USCIS, anything is possible these days.

[485Question]

you are going to make it.

[venky08]

here is a link i have included from Rajiv Khanna's website. this will give you a good idea about how I-485 gets processed.

http://www.immigration.com/newslette...issopprocd.pdf

i didnt mean to upset you by making that comment. my intent was to make you aware of a shift in attitude we all need to make when it comes to processing our applications through an attorney.

No matter how big or small your attorney is, he is supposed to turn over any updates on your case to you, especially when you have asked for it. You have a right to know what went on with your applications and what information was requested in the RFE. and you need to be "in the know" as to what was responded back. it may be that it was a quickfix answer and that you dont know what it was but will later on haunt you for some reason.

Please stop defending yourself and take the procative approach as to be the first person to know what is in the RFE-review facts- take attorney's opinion- make the decision - instruct the attorney to respond back. Establish this type of work relation with your attorney otherwise, you are paving a road for going to be taken for a ride by whatever the attorney and paralegals think is best for you.

my $0.02. take it or leave it...i had the intention to help someone out. thats all i have to say! Cheers!!!

Originally Posted by StukAtBEC

It's not that I'am afraid of them. They are a very big law firm and I have literally been on their back when my application was stuck at PBEC. They were really good in responding back to me. It was important to me that they contacted PBEC on a regular basis and have them work on it, which they did.

Since they already responded back to the RFE on the same day without reaching out to me, I' am assuming that it might not be a critical one.

I did not reach out to our attorney as I really don't care about the details of the RFE as along as they were in a position to respond back to the agency.

If some one is working on a case (or any job for that matter)..it is definetly not a good idea to ask them the details of that case/job on a constant basis. They know what they are doing and they would reach out to us if they need any additional information.

My question was not primarily regarding the RFE itself but regarding the order in which USCIS would process the AOS applications.

I read somewhere that RFE's are only issued if they are working on that particular case and I was under the impression that USCIS processed AOS applications based on RD and not on PD.

Paskal's reply answers all my questions.

Regards.

[StukAtBEC]

Originally Posted by venky08

here is a link i have included from Rajiv Khanna's website. this will give you a good idea about how I-485 gets processed.

http://www.immigration.com/newslette...issopprocd.pdf

i didnt mean to upset you by making that comment. my intent was to make you aware of a shift in attitude we all need to make when it comes to processing our applications through an attorney.

No matter how big or small your attorney is, he is supposed to turn over any updates on your case to you, especially when you have asked for it. You have a right to know what went on with your applications and what information was requested in the RFE. and you need to be "in the know" as to what was responded back. it may be that it was a quickfix answer and that you dont know what it was but will later on haunt you for some reason.

Please stop defending yourself and take the procative approach as to be the first person to know what is in the RFE-review facts- take attorney's opinion- make the decision - instruct the attorney to respond back. Establish this type of work relation with your attorney otherwise, you are paving a road for going to be taken for a ride by whatever the attorney and paralegals think is best for you.

my $0.02. take it or leave it...i had the intention to help someone out. thats all i have to say! Cheers!!!

Venky: Thanks a lot for you advise. I was not offended by your comment and I would like to apologise if my reply in anyway offended you.

It is just that I had been to pushy with my attorney until recently with my pending labor cert. and they were really helpful in that matter.

Also, I came to know about the website through some of my colleagues and my attorney never mentioned about that website. Now, if I ask them about the RFE, which I came to know from their website...it might be like getting on to their nerve...

I was thinking of reaching out to my attorney/paralegal and get the clarification on the RFE but thought it might not add any value to my case at this point...Anyways, if I change my mind and indeed get the clarification on the RFE then I will let you know the details of the RFE.

Again, thanks a lot for your advise and thank you for the link.

Regards.

[ram_ram]

485 applications are NOT processed by PD. They are processed based on RD. At the time of approval, if the PD is current, they will approve it otherwise shelf it and wait for the visa number. There are some cases that got approved recently against this theory..but random..

Originally Posted by StukAtBEC

Thanks for sharing your views. As far as NC is concerend..I will keep my fingers crossed and hope for the best.

After getting stuck in BEC's, I hope that I will not be subjected to another long wait.....I believe that lightining cannot strike the same place twice

[venky08]

no problem!!! i might recommend the way i get the information from my attorney. Make friends with the paralegal- write them an email-ask them with pretty please and sugar on top- and cc the HR guy from your company so that he/she would be in the loop. never write an email more than two line. and generally dont call them, try emailing again....it has worked like a charm for me.

Originally Posted by StukAtBEC

Venky: Thanks a lot for you advise. I was not offended by your comment and I would like to apologise if my reply in anyway offended you.

It is just that I had been to pushy with my attorney until recently with my pending labor cert. and they were really helpful in that matter.

Also, I came to know about the website through some of my colleagues and my attorney never mentioned about that website. Now, if I ask them about the RFE, which I came to know from their website...it might be like getting on to their nerve...

I was thinking of reaching out to my attorney/paralegal and get the clarification on the RFE but thought it might not add any value to my case at this point...Anyways, if I change my mind and indeed get the clarification on the RFE then I will let you know the details of the RFE.

Again, thanks a lot for your advise and thank you for the link.

Regards.