I-485 after Fingerprint

[tods]

Hi all,

I have a few questions about our petition and I would be great if someone could answer it for us. I’m really not that familiar with the Abbreviations but I’ll try to research what it means.

I’m currently employed with an L1 visa and my wife is my dependent (L2). A few years back, our company decided that they wanted to petition us for Green Card then they worked on it right away. Unfortunately, our corporate immigration lawyers made a mistake of applying us in EB3 Category instead of EB2 (Philippines). The only time we found out that we were applied in EB3 is when we received the approved I-140 but it says EB3. We then informed our lawyers about this so they reapplied us under EB2. On the reapplication process, the USCIS asked for an RFE which we responded promptly. Thankfully it only took 2 months when we got our new and updated I-140 on EB2 Category. Our Priority Date is February 2009.

Having the I-140 approved, we were instructed by our lawyers to have our medical exam which we did. We gave our lawyers our sealed medical exam results and I believe they sent it to USCIS along with our I-485 application. After a few weeks, we received 6 mails (3 for me and 3 for my wife) that indicates I-485, I-131, I-765 (my wife has the same too). The received date is “June 23, 2010” and the Notice date is “July 8, 2010” which is written on all of them. These mails also include a receipt number that when I check online, it gives me the status of my application. I-765, I-131 says “Initial Review”. I-485 says “Acceptance”.

Today, I received two new mails from USCIS. It states “ASC Appointment Notice” then it is “Code 3”. According to the mail, we are scheduled for an appointment (I’m guessing Fingerprint) on September 14, 2010.

These are my questions:

1) After having a Fingerprint (code 3), what is the next step?

2) After this Fingerprint appointment, are we going to have other Fingerprint sessions? Maybe code 1 or 2?

3) Before and/or After the Fingerprint, just in case I get laid-off are all of our efforts over?

4) Since we already had an RFE on our I-140 application, can the USCIS ask for another one for our I-485?

5) After the Fingerprint, how long are we going to receive our Green Card?


Thank you so much for your help.

Tom

[txh1b]

1. Once FP is complete, FBI does a nbackground and name chaeck. Once that is clear and if all else is well, USCIS will process the case and approve the GC is the Priority date is current.
2. Code 3 is all inclusive (Code 1 + code 2) - All fingers, photo.
3. Sure is over unless it is 180 days since filing of the I485 which is when you can use AC21 in a same/similar job with another company.
4. Sure can. Each application is different and they can ask as many RFEs as they want to.
5. No guesses. It is USCIS.

[tods]

Excellent! Thank you for a very informative reply.

[tods]

Just an update. Today, I received an email/text message from the automated USCIS system saying that my Status has been updated. So I checked my status using our receipt number and my EAD (I-765) has been approved (Aug 25). The email also indicated that we will receive the card within 30 days via mail.

What does this mean? I know that our I-485, I-131, I-765 are applied concurrently. Is it normal that my I-765 got approved first?

This looks good news to me but do you guys think that we are close to our GC?

Thank you!

PS:

So far I-140 and I-765 are approved.

I-131, I-485 not yet.

[tods]

Just another update:

I received an email notice today from USCIS indicating:

Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

Your Case Status: Post Decision Activity

On August 27, 2010, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

What does Post Decision Activity mean?

Thank you.

[txh1b]

Post decision for 131 would mean a printed AP was mailed to you. For EAD, it means the EAD card was ordered to be mailed to you and was done.

You have to wait for I485 as it involves back ground checks etc and the visa number being available.

[tods]

Post decision for 131 would mean a printed AP was mailed to you. For EAD, it means the EAD card was ordered to be mailed to you and was done.

You have to wait for I485 as it involves back ground checks etc and the visa number being available.

Thanks! I guess the longest wait is yet to come. I hope that it will be as fast as our 140, 131, 765.

[txh1b]

If you are current, you can expect to have your 485 approved in 2 more months.

[tods]

If you are current, you can expect to have your 485 approved in 2 more months.

Hey thanks for the reply. Probably this will be my last question but I was wondering what is an "I-485 Inventory"?

I went to a site

I chose Philippines then EB2, then my priority date which is Feb 2009.

The result was, I have 205 people waiting in front of me to get their Green Card.

According to the official USCIS website my EB2 application is CURRENT or "C". I don't know if there is a difference between being current with this "I-485 Inventory".

Is 205 people many? Do you think they could process all of them in 2 months?

I hope you can enlighten me about this.

Thanks!

[txh1b]

205 people is insignificant. Look at India/China and see the numbers if you want to be amazed

[tods]

205 people is insignificant. Look at India/China and see the numbers if you want to be amazed

Just saw it. Oh my!

[tods]

We just had our fingerprints yesterday. Mine went well, all my fingers were scanned nicely. However, my wife had some problems. Her two pinky fingers did not scan well. The officer told us that the FBI will decide whether they like the prints or not. So she had red/bad remarks on her fingerprints.

What are the chances that the FBI will just let this pass? We are hoping not to get a 2nd FP notification because of this because I know it will delay our process.

Based from peoples experience, if they get bad finger scans, what are the chances for having a fingerprint redo?

Let's just say that we are going to have one (hopefully not), how long are we going to wait for the redo notice? I heard that after the fingerprint, usually it takes 2 weeks for the FBI to send to USCIS that we had bad scans and needs to do it again. Is that true?

I know we are going to have delays if we had a fingerprint redo but anybody knows for how long? (overall delay)

Thanks.

** We are in EB2 (current)
** I-765/I-131/I-140 already approved