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1) Comments: I applied for concurrent filing on 10th Feb with substitutuin labor of EB2 category. And to my surprise 140 and 485 were approved on same day ie on 10th June.No quries.Thank God
Name: Ram Kumar
Location: NY, United States
Posted on: Feb 27, 2006  Email this link to friend(s)

2) Comments: I-485 Interview

First of all, thank you very much Rajiv for all your advise during this greencard journey, especially during this last 2 weeks. Every time we have relied on your advice blindly.

Now to tell you the story, I had received my greencard stamping last month without RFE or anything else. My wife received interview notice due to minor misdemeanor on her record for price alteration. As per your advice, we went to interview without attorney but felt very nervous and tensed during last 2-3 days as we were going on our own and thinking in our heart that the decision to go without an attorney should not turn out to be mistake for few hundred dollars.

But, again your advice prevailed. Interview went well as you had suggested. Couple of question about minor misdemeanor was asked such as where it happened, when it happened or any other charges. Other questions were asked to my wife too, such as was she always legal, did she work, what status she is in, etc.. At the end of 45 minute interview process, interviewer said that we have decided to grant you the permanent residence status today and stamped her passport. it would be difficult to measure our happiness in words, but in short we were extremely happy.

So, this is how almost 5 year long journey ended happily. Once again thanking you for your advice. I have been trying to help others, who are in the similar situation. I have already answered couple of people through an e-mail. I have been communicating with couple of people through private message on your website.

Let me know if I can be of any more help to others by any other means.

Name: rani4001
Location: United States
Posted on: May 17, 2005  Email this link to friend(s)

3) Comments: If U like to know what is going on with ur 485 - You all must read
When an I-485 is accepted at the Service Center, requests for FD-258 FBI fingerprint checks, fingerprint fees, and G-325A consular background checks are made by INS. Responses to these requests come back to INS and must be matched up with the appropriate files held in staging. File Maintenance "file connects" these responses to the corresponding files.

Fingerprints are a requirement for all applicants 14 through 79 years old to determine if they have criminal histories. After a case is data entered, the applicant is scheduled for fingerprints. Fingerprints are collected at the Application Support Centers (ASC), and sent to the FBI for criminal checks. Using the fingerprints, the FBI will verify whether the applicant has a criminal history. Once verified, the FBI will send a response indicating the results of the fingerprint check.

There are 4 types of responses that can be sent from the FBI:
• IDENT--The applicant was identified in the FBI database,
• Non-IDENT--The applicant was not identified in the FBI
Database,
• Reject--The applicant’s prints were rejected, because the
Fingerprints were unreadable by the FBI, and
• Pending--The FBI is conducting a more thorough search on the
Fingerprints.
While the INS is waiting for a response from the FBI for a particular
applicant, File Maintenance stages the file by date of data entry.

If a response is not received, leave the file on the I-485 hold shelf until the purge date.
**Family packs should be staged until responses are received for all family members.


FD-258 Fingerprint Response Purge: The INS has established a 120-day waiting period from the date of fingerprint scheduling to allow applicants to submit fingerprints. When an applicant fails to appear for fingerprinting or a response is not received within that 120-day period, and the applicant has otherwise not advised the INS of a change of address or requested that he be rescheduled, the case must be denied for abandonment. Accordingly, after 120 days, File Maintenance must check any remaining files for receipt of a processed FD-258 or evidence of a change of address or request for rescheduling. Perform the task "FD-258 Fingerprint Response Purge" for purging of all files awaiting a FBI response.

If the FBI Response Description is...
NON-IDENT
Or
IDENT
Route the file to Workload
Distribution.


IDENT
Route the file to the INS
POC for FBI contact
regarding the rap sheet.


After the case is consolidated, connected and purged by File Maintenance, it is routed to Workload Distribution (WD). WD is in charge of staging, routing and distributing files. There are five different types of staging areas that Workload Distribution handles:
• Work ready for adjudication;
• Work awaiting a response from a request for evidence;
• Work awaiting a response from an Intent to Deny;
• Work awaiting submission of an I-89 card;
• Work awaiting a visa number.


Workload Distribution may stage files awaiting evidence for a Request for Evidence. These files are shelved under a separate RAFACS code. An applicant has 87 days to respond to a Request for Evidence. After the applicant sends in the requested evidence, Workload Distribution file connects these pieces of evidence with the appropriate case and then returns them to the adjudicator who originated the Request for Evidence. If the
applicant does not respond within 87 days, the application is considered "abandoned" and is sent for local abandonment processing.

The response is updated in CLAIMS, matched to the file and routed to the appropriate
adjudicator.

Workload Distribution may stage files awaiting evidence for an Intent to Deny. These files are shelved under a separate RAFACS code. An applicant has 30 days to respond to an Intent to Deny. After the applicant sends in the requested evidence, Workload Distribution file connects the evidence with the appropriate case and returns it to the adjudicator who originated the Intent to Deny (if no fee is involved). If an additional fee is involved, Data Entry will request the file from Workload Distribution when the fee is submitted with the Intent to Deny notice. Data Entry will route the file to the adjudicator
who originated the Intent to Deny. If the applicant does not respond within 33 days, the application is considered "abandoned" and is sent for abandonment processing.

Section 245(a) of the act is the section of law which permits an alien, who is the beneficiary of an immigrant visa, to adjust status to that of a lawful permanent resident, provided that the following requirements are met:
• The applicant was inspected, admitted or paroled into the U.S.;
• The alien has made an application for adjustment;
• The applicant is eligible to receive an immigrant visa;
• An immigrant visa is immediately available to the applicant at the time his
application was filed;
• The applicant is admissible to the U.S. under section 212 of the Act.

Section 245(k) is for those employment-based applicants who are ineligible to adjust status under section 245(a).
If it is determined that an applicant is ineligible to adjust status under section 245(a), the officer should first consider eligibility under section 245(k). If section 245(k) is inapplicable, section 245(i) should then be considered.
Section 245(k) provides that certain aliens who:
• were lawfully admitted to the United States; and
• are eligible to receive an employment based immigrant visa under section
203(b) paragraphs (1), (2), or (3), or section 203(b)(4), in the case of a
section 101(a)(27)(C) religious worker,

Section 245(i) is available to an alien physically present in the U.S. who:
• entered without inspection; or
• violated status (ineligible under 245(c))


There are several record checks that must be performed before an applicant for adjustment of status can be granted a benefit. These record checks are performed by other government agencies in cooperation with INS. The Central Intelligence Agency (CIA), the Department of State (DOS) and the Federal Bureau of Investigations (FBI) all perform specific background checks.

Name: ***
Location: United States
Posted on: Feb 28, 2005  Email this link to friend(s)

4) Comments: Update - Newark Stamping experience


My wife and I had our passports stamped after a 6 hour ordeal that started at 8:30 a.m. and ended at 2:30 p.m. Here are some tips based on what we experienced,

1. For an 8:40 appointment, get there before 8 if at all possible. They were not checking appointment timings, so people with 9/10 a.m. appointments were ahead of us in the line. All they care is that you have an appointment for that day.

2. The clerk at the end of the first line (150 min) took our I-797c, Infopass appointment notice, EAD cards and 2 pp snaps (mark your A# and name on the back of each photo with a pencil) and also our index fingerprints on a form which was handed to us alongwith a token number. (My wifes case and mine were combined so we didn't have to wait for two seperate calls)

3. Line 2 was a laborious 180 min wait as the numbers counted up ... out of 25 available counters only 3 were functioning at any given time ... who the heck coaches these people on queue management !!! When we were called, the guy at the counter (listening to rap music at his desk) took our I-94's and also painstakingly handwrote our names on a new form. We were then told to wait until a background check (new policy he mentioned) was performed.

4. 35 minutes later; call that line 3 (interspersed by a lunch break for them), our token numbers were called again at which point, the same guy stamped our passports and explained that they were as good as green cards for travelling, employment etc. He said the cards arrive in 3-6 months. Woo Hoo !!!

AP docs, I-140 approval docs and original I-797 from lawyer were not required, nobody asked for a drivers license or any such identification. Though all the above must be carried to be on the safe side.

5. We took the courage to step up to the 10th floor on the same building to join a queue in that other malfunctioning dept called the Social Security admin. Once again 65 people in the room and 1 counter open. After 50 min of waiting we had re-applied for our new SS cards without the DHS qualification.

Makes sense to get both processes out of the way at one shot. 7 hours later we were on the streets of Newark a free couple !!!

And oh yes, the Federal Bldg checks yours baggage by x-ray machines and complained about a pen knife I carried in my office bag. So kosher bags would be ideal!!!

For more information on this topic click here

Name: B747400
Location: United States
Posted on: Feb 23, 2005  Email this link to friend(s)

5) Comments: Chennai Medical Experience: Lister, Sanjan John


I got my medicals done in Chennai in early November, thought I would post my experience while it is still fresh in my memory.Note that I am not a Chennai resident - I reached Chennai at 6AM on the test day, and had booked my return the same night. I wanted to finish both the lab and the checkup the same day.

A)Procedure at Lister
1) 8.00AM: Entered reception room. Stated purpose of visit to Prasad, who seems to be an all-purpose guy. Prasad handed me a Lister consent form, in which I filled in name, date, passport number and signed. Handed over the filled Lister consent form, consulate medical form and passport. After checking passport details, passport was returned to me. Handed over Rs. 600, and was asked to wait outside to be called.

2) 8.20AM: Was called to give blood sample for AIDS and syphillis test. Was asked to wait outside again.

3) 8.30AM: Was called to the Xray room to take the chest shot. (Note that shirt must be removed, but no need to leave shoes outside the room). Was asked to wait outside.

4) 8.35AM: The Xray technician called me, gave me a receipt for Rs. 600, told me I was done, and asked me to come after 5PM for the results.

5) 4.30PM: Returned to Lister for the results. Sat in the (A/C) reception room. Two other consulate cases were already sitting there. I noticed the Xrays were already prepared and ready on Prasad's table.

6) 5.00PM: A Lister menial rushed in with the blood test results.

7) 5.10PM: Prasad started stuffing the blood test results into the Xray envelope. After stuffing all the results (about 25 or so), he sealed each envelope. (Everyone at Lister appears to be a big champion of batch processing).

5.20PM: The stuffing/sealing of envelopes was finally complete. By this time about 15 or so consulate cases had turned up. Names were called at random, and the envelopes distributed.

9) 5.25PM: Finally got my result. Took it and rushed over to Sanjan John.

B) Procedure at Sanjan John (same day)
1) 8.40AM: Called Sanjan John (SJ) on his cell phone for an appointment (Note that all the 4 doctors maintain hours that are different from the hours listed in the consulate website. Every doctor is not available every day. Rajkumar is available in the evenings also. SJ is only too happy to stay beyond 6PM. Vijaylakshmy is not available every evening. In any case, I had called V and Mathai Thomas earlier. Both of them refused to give me an appointment on the same evening as the test day). SJ wrote down my name, gave me directions to his clinic, and asked me come over as soon as I got the resport from Lister.

2) 5.40PM: Reached SJ's clinic. I was the first consulate case to reach there. A receptionist immediately took my photograph (she does not care about what kind of photograph it is), handed me a form and asked me to fill it. This is a detailed form and asks for all kinds of biographical/passport/health info. Asks for height/weight/power of corrective lenses. (Note that SJ is not very keen on actually measuring your height/weight etc. He will try to persuade you to "guess" or "estimate" your weight. If you balk, he will ask you to weigh yourself on the weighing machine).

3) 5.45PM: While I was filling the form in the reception area, SJ called me inside. Told me to continue filling the form while he did his paperwork. He examined the reports from Lister (no problem areas), letter from consulate, and started filling up several forms.

4) 5.50PM: Asked me about my vaccination history. Based on my responses, said I had to take 3 different shots (chicken pox, MMR and one more which I have forgotten).

5) 6.00PM: SJ finished filling all forms. Administered the shots.

6) 6.05PM: Collected the fees (600 for consultation, approx 2000 for shots, total Rs 2600). Handed the filled in report to me. Told me to go to a nearby xerox shop and make a copy for him.

7) 6.25PM: Returned to SJ's clinic with the photocopy. Knocked on his door (he was attending to the next consulate case). SJ came to the door and took the copy.

6.26PM: Left for Chennai Central.

C) Getting to Lister

(I took an auto from Chennai Central - bargained for Rs 50 )

1) Tell the auto to take you to Ganapathy Hotel, Nungambakkam.
2) Opposite the hotel, there is a small lane (flanked by Happy Home hotel on one side, and a shop called Signora on the other). Go into this lane.
3) About 50 meters in, on the left, you will see an unremarkable building with the Lister signboard, with 13/6 on the gate. This is your destination. Enter this building.
4) Proceed to the reception room.


D) Getting to Sanjan John (SJ)

(In the evening, there is a gaggle of autos hanging outside Lister, somewhat like vultures. These autos are very familiar with the names/locations of all the panel docs. After getting my report, I got into one such auto, which charged me Rs. 50. Normally, the fare should have been Rs 20, but I needed to rush as I did not want to take a chance on missing my train)

1) Tell the auto to take you to Shree Mithai, Chetpet (apparently, this sweet-shop is a famous Chennai landmark).
2) SJ's clinic is right next door to Shree Mithai

E) Comments on Lister

1) Employees here are friendly, professional, courteous.

2) Sanjan John (SJ) appears to have an "in" with Prasad. When I fixed an appointment with SJ, he said he would call up Prasad to make sure that my reports would be ready by 5PM. In the evening, I noticed that Prasad called up their lab a few times telling them to make sure that my report (and that of other SJ patients) was sent to him.

3) I also felt that Prasad went out of his way to "sell" SJ to me.

4) As mentioned above, Lister is a big champion of batch processing. Otherwise they could distribute the results well before 4PM.

F) Comments on Sanjan John (SJ)

1) As soon as I went in, SJ started making small talk with me in various Indian languages. Told me that he felt this whole medical test business was a big waste of time and money for everyone. Little did I realize then that he was merely softening me up for the big whammy he was planning to lay on me a bit later.

2) The fun started when he got to the innoculations (vaccinations) page. Incidentally, the various shots that must be "discussed" with the panel doc are Measles, Mumps, Rubella (individually) or MMR (collectively - single shot), Hepatitis B, Varicella (chicken pox). There are other shots, but those (like flu for example) are not relevant for most adults (ages 19-49).

3) SJ asked me if I had taken a chicken pox vaccine. I told him that I had had the pox as a child, so my understanding was that I could not get it again. He asked me how long ago I had it: told him 20 years. Immediately SJ told me that after 10 years, it could not be verified, so I had to take a booster shot for Rs 1300, and wrote on the sheet that I needed the shot.

4) Next SJ asked me if I had taken MMR shots. I told him that I had 2 years ago while in an US university. Immediately he told me that I needed a booster shot for Rs 350, since the earlier shot was more than 1 year ago. And wrote that down.

5) Later on, I did some research on the subject. As far as I can make out, there was absolutely no need for me to have been given either the chicken pox or the MMR shot.

6) In any case, I advise you to be careful when "discussing" your immunization history with SJ or any panel doc. Unlike me, do your homework prior to going in. If you feel shots are necessary, take them elsewhere, then carry the records with you to the doc. The panel docs will overcharge you. (I admit I feel bitter because I am not earning in $$, your mileage may vary).

7) As SJ was about to give me the shots, I asked if there would be any side effects (I did not want to end up sick on a train in the middle of the night). SJ assured me that there would be no side effects, and proceeded to give me the shots.

Later on, some things struck me as being strange:
-SJ filled the injection syringes in another room
-I don't recall SJ swabbing my arm with alcohol prior to giving the shot
-how SJ could be so cocksure that the shots would have absolutely no adverse reaction
I now suspect (this is just conjecture on my part, I have absolutely no proof) that SJ might not actually have given me the vaccines, he might just have injected saline or glucose or water.

9) The photocopying business was also annoying. It added about 20 minutes to my "experience". SJ will tell you that the xerox shop is 2 mins walk away: it is actually more like 5 mins. You will need to spend a few mins locating the shop as it is very small and in a small, dingy street. (Ladies: be careful, especially if going alone at night). The xerox machine itself appears to only cater to SJ, because it is normally kept switched off. The shopkeeper (a small urchin) will switch on the machine after you plead with him, it will take a few minutes for it to warm up). Also, the chap charges Rs 1 per sheet, when almost universally, shops charge only 50p per sheet.

10) In fact, if you are in a hurry, you can tell SJ that you will mail him the copy later, or even that you don't have the time/inclination to make a copy for him. Or just walk out quietly with the report and push off (note that SJ is careful enough to collect the loot, i.e his fees, before packing you off to the photocopier).

11) Again, the panel doc will figure out what shots you need only by talking to you. Be prepared with the "right" answers unless you want to pay several thousand rupees for (basically useless) shots. My advice again is: discuss your innoculation history with your family doc (in India/US), follow their advice, get them to give you a history/certificate of whatever shots they decide to administer to you. This cost might be borne by insurance: in any case it would be cheaper/more reliable than the advice/shots given by the panel docs.

Good luck.
RR


For more information click here

Name: RR
Location: United States
Posted on: Dec 6, 2004  Email this link to friend(s)

6) Comments: 485 approved on NIW at CSC, some guidelines.


Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.

Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
NIW was based on the "homeland security" with 18 letters of recommendation from U.S. government agencies, university, defense and legislative branch. Extensive documentation (resumes, Ph.D. diplomas, bibliography and sample publications) were submitted with an application.

RFE for I-140 for "statement of the qualification of alien" and copies of "all scientific communications in last 5 years" as well as "cross-referenced bibliogrpahy search listing applicant as a 1st or 2nd author." USCIS is insitutionally biased against NIWs, so it seems.

I-140 approved on 03/10/03.

Filed for I-485 on 4/11/03, RD: 04/23/03, 1st FP: 02/29/04
RFE on 07/11/04 for: Empl. Verification Document, 3 Years of W-2s and 1040s, Affidavit that J-1 was not subject to section 212e (two year home rule), Original IAP-66 from 1991 (keep all your documents!), Copy of university transcript and diploma, letter from the government agency stating that NIW scope of work is still applicable and copy of every page from any passport used since 1991 (copy your passport!!).

RFE docs received by USCIS on 08/10/04

Response that I-140 was re-adjudicated (?!!) and re-approved (?!!) on 09/01/04

Finally, E-mail and status change on 09/24/04 that the case was approved on 09/23/04. Still waiting for the paper notice.

Apparently stamping in the local office is a quasi-interview, where they take a last parting shot at you, until you file for the citizenship. Some folks have been asked to provide documentation establishing their legal status upon stamping of the documents.

According to a legal expert here in town, a great majority of I-140s are re-adjudicated before the final decision on I-485 was to be made, even if they were previously approved.

Hope this helps!


For more information click here

Name: sarayovasi
Location: United States
Posted on: Sep 30, 2004  Email this link to friend(s)

7) Comments: As I promised to all of you whose case been transferred to Arlington office


today I had my interview conducted, and passport stamped as the final result. I finally can draw a closure for this 27-month-long journey. Honestly and surprisingly, I was extremely calm when I arrived INS office 4 am today. I was reading one of my favorite authors' (Ann Quindlen) bestseller " One True Thing" while I was waiting in the waiting room so concentratedly that when my name was called, I realized that my eyes were full of tears (yeah, the story's very touching and real. ) Anyway, here's my detail report to all of you who are still waiting:

I arrived Arlington office way too early (around 4am) for someone who's been scheduled for interview. As we all already knew, that if you don't have interview scheduled, then go get your infopass and show up at the designated time. No need to stand outside of the building overnight anymore. Well, I wasn't so sure and didn't really want to take ANY unnecessary risk.
I was the first one went in at 7:30 3rd floor, while my scheduled interview time was 8:45. Until almost 9:30, I was called in by Officer B, whom I learned by reading this forum is supposed to be a very picky and can-be-difficult officer. Either there are two officer B, or she changed (? ) the one I had was not like that at all. She's very professional (firm but polite) the whole time, my overall interview last only about 10-15 minutes, and half of the time was: I was looking at her flip through my file, look into computer (their system doesn't work very well this morning, so she had to try and re-try couple times), with no talking. The questions she asked me were very standardized: have you ever had any criminal record, ever attempted to apply permanent residency besides this time, what's the name of your current employer (after I answered, she looked up my file and realized that I've never changed my employer since day one), asked for PP and driver license, and is the address on my driver license is the current one.

Among all the document they requested (were listed on the interview letter), she only asked for employment letter, nothing else. I offered at the end just want to make sure that she's not missing anything , she said firmly " I don't need them". I was very surprised about this.

When her hand tried to reach one of her desk drawers and when I saw a rather worn-out plastic bag was being pulled out off the drawer, my gut told me "this is where the stamp is kept". Yup, I was right. She stamped the "ugly" stamp , and said it serves for one year period, meanwhile within next 6 months I should be expecting to receive the actual card.

and that was it.

Fore more information click here

Name: StayPositive
Location: United States
Posted on: Sep 30, 2004  Email this link to friend(s)

8) Comments: Based on the advice of some of the members at immigrationportal and being an eternal optimist, I went to Vermont Service center on Aug 23rd taking a dayoff. The lady in the counter told me that my file is in queue for FP scheduling. I told her that I got the same reply even two months back when I made senatorial enquiry.
I asked her that my FP has not lapsed and so rather than putting in the queue, INS should have adjudicated my case. She said that they will not process the cases if FP was lapsing so close. I asked her is more than two months close enough ? She said that even two months should be considered close enough. I don't know how to argue. I realised that she does not want to accept and so she was giving all kind of excuses.She suggested about finding the status in the internet ,also suggested me to register for a email notification service and also InfoPass.
I got the appointment on Sept 3rd for the new service called nfoPass. I think it was started recently in Newark. I went to the office at the appointment time taking 1/2 day leave. When I asked for status, the first question she asked where it was filed and I said Vermont. She said that she cannot give detailed status as it is filed in the Service center
and not at that local office. She looked at her computer and started
reading whatever I can see in the internet. I said that I knew this info.
She said that there is no point coming to that office for enquiry. To console me she said that "Be patient", a word I hear verywhere. I said in a laughing tone(not sarcastic) that don't you think that I am patient enough. I also said that there is no point asking patience from a helpless person. Only those persons who has options can show patience. At this point, she asked me to wait and went inside. Finally she brought a
printout from the computer and when I start smiling she said in a
apologetic tone that she cannot get more information even from the other system. I said thank you as at least she tried.
This is my experience.
Name: Punnam
Location: United States
Posted on: Sep 9, 2004  Email this link to friend(s)

9) Comments: Yesterday we received our GC.
It tooks around 827 days.
Filed in TX and later moved to Ohio.
letter for interview was issued to me and my wife, but duing interview they asked kids to be present, So please make sure kids are with you. Asked for six fmily photos with kids and some school reports( Grades and mark or award) for the file - Please consider this to be with you, during interview.
Thanks...
Name: JJ
Location: Ohio, United States
Posted on: Aug 26, 2004  Email this link to friend(s)

10) Comments: I was Married in the Phillippines last March 2004 I filed my I-130 April 6th then on April 15 Ifiled my I-129f spouse visa. My I-130 was approved on August 6th 2004. I was very surprised since I was informed this process take about year.
Name: Garry Barnes
Location: California, United States
Posted on: Aug 16, 2004  Email this link to friend(s)

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