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I485 - Preadjudication
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abc100
8/22/2013 10:56:46 PM
Total Posts: 3
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The following information was posted by you in forum. Actually I went through many of your posts and your thoughts are very good. Q. What about applicants who submitted I-485 in 2007? A. If you have submitted your I-485 more than a year back, then most likely your case would have been preadjudicated. This means that you do not have to do anything else when the PD becomes current. USCIS will either (a) issue RFE (b) reject application or (c) approve application. If you are impatient, you can always open a service request by calling USCIS national phone number (link on right side). This is the information you posted in your forum. My actual question is, if one year is gone after filing I485, can we assume the case is preadjudicated? If one application has to be rejected, why they have to wait till 6 months or 1 year? If one application has to be rejected, why they have to renew AP/EAD? So, if EAD/AP is renewed successfully, then can we assume the base ( I485 application ) is in good standing? The one line question is if I485 application is not eligible or not in good standing they will straight away reject or deny that application, as they have to process and finalize(preadjudicate) any application in 4 to 6 months maximum? After preadjudication of one application, chances of denial is very very remote(like after applying, if the concerned candidate did some crime, etc.). Am I correct?
Amazon
8/24/2013 9:51:24 PM
Total Posts: 591
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[quote=abc100;3749] My actual question is, if one year is gone after filing I485, can we assume the case is preadjudicated?[/quote] Typically yes. USCIS first priority is to work on cases which are current. If they have time, they would work on cases whose PD is not current. [quote]If one application has to be rejected, why they have to wait till 6 months or 1 year? If one application has to be rejected, why they have to renew AP/EAD? [/quote] USCIS only makes a decision when PD is current. If case is preadjudicated, but it has been a long time, they can issue RFE for updated documents (employment letter, etc). As you probably know, few thousand applicants from EB2 India received RFE in June 2013. http://blog.mygcvisa.com/2013/08/uscis-eb-i-485-i-140-processing.html [quote]So, if EAD/AP is renewed successfully, then can we assume the base ( I485 application ) is in good standing? [/quote] USCIS will renew EAD/AP applications as long as I485 is pending. [quote]The one line question is if I485 application is not eligible or not in good standing they will straight away reject or deny that application, as they have to process and finalize(preadjudicate) any application in 4 to 6 months maximum?[/quote] On USCIS website, 4-6 months is average processing time. It could be shorter or longer. [quote] After preadjudication of one application, chances of denial is very very remote(like after applying, if the concerned candidate did some crime, etc.). Am I correct?[/quote] It depends if USCIS issues RFE and how applicant responds to it. It may also depend on results of more checks performed by USCIS.
abc100
8/26/2013 1:57:34 PM
Total Posts: 3
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Amazing reply, Amazon. Mine is EB2 and PD is 2009 August. I applied I485 in April 2012. Received first EAD/DP and renewed EAD/AP successfully this month. I did not receive any RFE so far. Can I assume my case is preadjudicated and my application is in good standing?
Amazon
8/26/2013 8:20:24 PM
Total Posts: 591
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Yeah. It depends on USCIS officer who process the case. One officer may not issue RFE for, say, older document (employment letter, etc). Another officer may decide to issue RFE later. So it completely depends on the officer who process the case.


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