submitted REF (med exam), how long to approve I485 in VSC?

[ikit]

hi!

just want to ask if anyone has an idea on when my I485 will be approved? Our I485 receipt date is 8/27/04. My husband got his greencard already and I was sent a request for evidence which is my medical exam. i didn't have the shots last yr cause I was breastfeeding. I completed a new medical exam and they received it on 7/8/05. Still haven't got any response!

i'm not working but my ead will expire on oct 25. we're planning to travel on oct-jan. should i wait for my greencard? or should i file for an advance parole n renew my ead?

thanks for your help!

[coldface]

Hard as the wait may be, there is really no way anyone can tell you when your AOS application will be approved. Not only does the process vary from center to center, it also varies from processing officer to processing officer.

You can try to apply to renew your EAD, although USCIS makes it very clear on their website that EAD renewals should be applied for six months before your original card expires. I don't know if they will process your renewal application if you send it in at this point in time. Read here for more information on EAD: https://www.immihelp.com/employment-...-document-ead/

It's also entirely up to you on whether you should apply for Advanced Parole now. Just know that it will take up to 90 days (possibly more if USCIS continues to have a huge backlog) to receive the document.

[ravi919]

Family 485 approval - sharing info

Hi,

Now the current processing dates show as Sep'2004 right? still you havent got your 485 approved, I also psoted similar question..my family filed 485 in Oct 2004 and I'm expecting atleast in next 2months..(????).

actaully I checkd with my lawyer she replied as follows which may help you
-----------------------------------------------------------------------
My Lawyer message to me >>>>>>>>>>>>>

your dependents still use your priority date of 2001. But since at
the time when the visa was still available, the USCIS is not ready to
approve the case because they go by the date of filing of I-485 to
review each case. But now if they are ready to review the I-485
application, there is no more visa for the approval, and they will put
the I-485 application pending until there is visa availability again for
them. Hope this is better for you. Bottom line not to worry. But if they
need to travel, I will suggest to get their advance parole so that they
may leave the country and return while their I-485 application is still
pending.
Advance Parole (AP) is a protection so that they may be able to return back to the US. If during the time that they are outside the US when the green card application is approved, they return with the AP or sometimes the green
card are processed quickly and get the card in 2 weeks. Then, your
family members will return with green card.

I believe your wife went for biometrics, so if she has done that,
no need to return since all is done and captured already in USCIS
database. THese days they do not have to return for stamping unless hers
was processed the old way. We will see. But she should be able to come
back on AP.

-----------------------------------------------------------------------

Please let me know if there is any update on your status or any info you can share with me.

since we are laso planning to visit india in Nov - Dec.... and I'm still confused with her reply and receipt/processign dates..?

Thanks,
Ravi.

[ikit]

thanks for sharing the info ravi!

until now i'm still waiting for my greencard the receipt date of our I485 is 8/24/04 (not 27), in the uscis website they're now processing 9/23/04 (vermont). i called their customer service and told me they cannot make an inquiry not until the processing date is 9/24/04...

i'll keep you posted...

[ravi919]

sure ..good luck...

[ravi919]

Question 1. My I-485 is already pending or will be filed by the end of September 2005. If my case is filed before retrogression / cutoff dates are established in my category, do I need to worry about all of this? Is my case affected?

Yes and yes. In order to file the I-485, there must be a currently available visa number. However, to obtain the I-485 approval there must also be a currently available visa number. Thus, those who have I-485s filed, or who will get them filed while the priority dates are available for their cases, still need to be concerned about retrogression and cutoff dates. The pending I-485 cases cannot be approved until the visa number becomes available sometime in the future. People with these cases will be able to wait this out and obtain employment authorization document extensions and advance parole extensions year after year. Their green cards will await the availability of the visa number in the particular visa category, however.

---

Question 2. My I-485 is pending but, as of October 1, 2005, the priority date will be unavailable. Can the USCIS deny my case on this basis? Can they tell me to re-file it once the visa numbers are available?

No. The pending I-485 case generally will remain pending until the visa number becomes available. The I-485 potentially can always be denied for some reason unrelated to visa numbers and retrogression. The lack of the visa number for a pending case, however, does not create the basis for a denial.

[ravi919]

Hi Ikit,

I noticed that the Receipt date is changed to Dec'1 2004,so did u get your 485 approved?? I'm also waiting for my family 485 approval they filed on Oct 15' 2004 (EB3 Category).


I appreciate if you can share any info u have.

Thanx.

[ikit]

still haven't got any update on my I485 i called the customer service, and they will send me a case inquiry.

you can call the customer service and ask for an inquiry, it's more than 30 days from your receipt date.

[ravi919]

so do I need to call them only 30days after my Receipt date? its really a mess going on with priority dates..

anyway thanx for the info........

[ikit]

yes, you can call the customer service since your receipt date is sept 2004 and they're now processing dec 2004

http://www.immihelp.com/timings/vermont.jsp

"If you filed your case 30 days or more before the date shown under the heading “Processing Cases with Receipt Date of” and you have not received a request for evidence, a decision, or another notice in the last thirty days, please call our National Customer Service Center at 1-800-375-5283."

[ravi919]

485 - New Rules - OCT 1'2004

Hi,

I inquired with my lawyer a dissappointment news to all belong to this category

my lawyer replies:
suggest to get AP since the priority date for you is 2001 for (EB3)3rd preference. Even if the file was submitted prior to the visa retrogression, your wife's I-485 only has a priority date of 2001, and for all Indian nationals, they are only approving I-485 wiht 1998 priority dates at this time. It may proceed faster later on down the road, but right now we do not know how fast it would go, so to play safe for travelling, she should take the AP application.

Hope this helps all.
Godo luck....

[ikit]

hey! just want to share that i just got my advance parole in my mail today. i e-filed last sept 1 and it was approved on oct 18.

my flight is on monday <booked it months ago> and fortunately, i don't have to cancel it!!! saved me $175