Many I-485 Approvals
Posted Nov 19, 2004
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As an apparent result of the USCIS's efforts to hasten I-485 processing, I-485 approvals have been flowing into The Law Office of Sheela Murthy. MurthyDotCom and MurthyBulletin readers with I-485 cases pending may have noticed jumps in some of the Service Center I-485 processing dates. [These are available through MurthyDotCom's Processing Times page.] As explained in earlier articles, the patterns of approval times are erratic. There is no predictability. Thus, as explained here, people should expect the unexpected.
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How Does Marriage Impact the I-485 Process?
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Many clients of The Law Office of Sheela Murthy P.C., as well as other MurthyDotCom and MurthyBulletin readers, have fiancé/es in their home countries. Many of these marriages are planned to coordinate with the immigration process. Those who have researched the matter know they need to get married prior to their I-485 approvals. In so doing, the spouse becomes eligible for derivative immigration benefits as part of the pending primary case. Those who are unfamiliar with this issue and the need to time their marriages properly should review our October 15, 2003 MurthyDotCom article, Sponsoring Family Members to Come to the U.S..
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Our Office has been receiving many panicked inquiries from people who unexpectedly received their I-485 approvals prior to their planned weddings. This creates an enormous problem. The couple's wedding plans are made. The families are ready. The soon-to-be spouse is preparing for the move. Now, with the receipt of the I-485 approval, it may be several years before it is possible to bring the new spouse to the United States as a derivative beneficiary.
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In light of this, persons who intend to get married before their I-485s are approved should consider marrying either before the I-485 is filed or, at the very least, before they are fingerprinted. Cases generally cannot be approved without fingerprinting.
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What if there is a Job Change?
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As regular readers of MurthyDotCom and the MurthyBulletin know, under AC21 it is possible in certain circumstances to obtain approval of the employment-based I-485 through a job offer other than the one stated in the labor certification. This ability is based on the I-140 having been approved and the I-485 pending for at least 180 days. Many people coordinated departures from their jobs with the length of time they thought it would take to process their I-485 cases. That is, the intent was to leave but they might have waited, leisurely searching for a new job based on an expectation of lengthy processing times. This is no longer prudent since the I-485 approval times have become so unpredictable.
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If one is eligible to obtain approval via a new job offer and wishes to make a change, it is important to act quickly. At The Law Office of Sheela Murthy, we are getting inquiries from people who have been considering changing jobs, even interviewing, who then are surprised to receive an I-485 approval in the mail. This could cause problems and be perceived as fraud if the USCIS approves the I-485 based on an existing job offer and the person soon leaves the sponsoring employer to join a new employer. The I-485 approval is based upon the underlying initial job offer that was made in the labor certification and I-140 petition. It is a future job offer to take effect upon approval of the green card. One is expected to work for the company offering the job for a reasonable period of time after the green card is approved. Thus, changing jobs and trying to assert AC21 after case approval is a risky venture, fraught with uncertainties.
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If a job change is desired, it is far better to make the change after becoming eligible to do so under AC21 but in advance of the case approval. With shorter processing times and the USCIS's position that a person is not eligible to use AC21 until the I-140 petition is approved, it should not be assumed that AC21 is going to be a valid option.
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Can I Travel While I-485 is Pending?
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Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport.
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Overview of Recent I-485 Approvals
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To apprise MurthyDotCom and MurthyBulletin readers of patterns observed within our Office, we have compiled a sampling of recent and fastest cases. These results are not based on the reported service center processing times. [Processing Times for I-485, EADs, and APs, as experienced by The Law Office of Sheela Murthy, P.C. for our clients are available on MurthyDotCom.]
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CSC : I-485 Approvals in Record Time
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The California Service Center (CSC) moved on one of our recent cases in record time. The total processing time, including issuance of an RFE and filing the RFE response, took less than three months. The case was filed in mid-August 2004 and approved in the first week of November. We assume that this case was part of the CSC pilot program, designed to permit case approvals within 90 days of filing. For details on the pilot program, see our April 9, 2004 MurthyBulletin article, CSC Pilot Program on Concurrent Adjudication, available on MurthyDotCom. So far, processing under 90 days seems to be rare. We have other examples of fast CSC processing, however, including a case processed in under eight months. This particular case was filed in late January 2004 and approved just less than eight months later, in very early September.
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Many of our recent approvals have come through months ahead of the published processing times. For example, at the end of October 2004, we received approvals for cases filed in June 2003. This is five months earlier than the current, posted processing time. Lest one feel that all cases are moving faster than his or her own, there are still many old cases that need to be processed. Another example is an I-485 filed in early January 2002 that was only approved in early September 2004. Thus, this particular case took two years and eight months. California is a perfect example, therefore, of the erratic patterns of approval. Some cases take two years and eight months, while other cases take eight months, and some take only a few months!
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VSC : I-485 Approvals
To date, the faster approvals at the Vermont Service Center (VSC) take only about six months. An example is a case that was filed in late April 2004 and approved in mid-October. Many of the other cases are in keeping with the posted processing dates. VSC also apparently is trying to clear out old cases. The oldest case for which we received a fairly recent approval was filed in late December 2001 and approved in September 2004; taking nearly three years to process!
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TSC : I-485 Approvals
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The Texas Service Center (TSC), which was historically quite backlogged, is also exhibiting improvement. The fastest time that we have seen is around eleven months for a case filed in late November 2003. The TSC is also continuing to process cases that are more in keeping with the published processing date of May 2002, as well as some that were filed several months after this date.
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NSC : I-485 Approvals
The Nebraska Service Center (NSC) continues the same trend as the other Service Centers. The approved case with the most recent filing date was filed in late November 2003. This case was processed to approval in nine months. We are also seeing cases that are within the posted processing date of May 2002, and even some that are slightly older.
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Conclusion
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The trend toward faster processing continues; particularly for recently filed cases. Everyone needs to be aware of this development and plan family and employment decisions with this in mind. We at The Law Office of Sheela Murthy provide this information to our MurthyDotCom and MurthyBulletin readers to help them plan important life events like marriages and travel, keeping in mind the USCIS processing times.
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