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AOS Interview Discussion Forum
Reason for transferring the case (I485) to NBC |
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My I485 has been transferred to NBC as of June 23 rd 2009. I had filed in July /aug 2007 when all nos were current & i had filed I140 under substitution of labor, which is approved ( i140 ) in Jan 2008.
What must be the reason of transferring to NBC ? My case was in Nebraska center. Will i get the RFE for documents or i will get the interview letter ?
My problem is this I 485 is for my family ( wife , 2 kids ) & myself & they are in India . They were here for filing I485 when it was concurrent & now in India . I have to call them - if i get interview , also interview dates should be same - as they cannot come at different times, kids cannot travel alone.
I received letter that your case is transferred to NBC because it has a Juridection .? What does it mean ? Now what is next ? Wait & watch ?
Can anyone please advice , anyone has similar experience?
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to Prasad5:
I'd check with a GOOD lawyer, since technically leaving the US after filing I-485 is abandonning an application. One needs an advance parolle to enter back, but advance parolle is for short-temporarily absenses.
Technically, i guess you can refile THEIR petitions if it's denied, since they are dependents.
Case transfered to NBC is 99% that you'd be called for an interview. There were (very few) exceptions that case was approved without an interview. But usually, transfer to NBC is a pre-step for being called for an interview (it is USUALLY scheduled at the location covering the address INS has on your file, or there were case that it was moved to the location of the petitioning company).
For the reasons - it's been discussed THOUSAND times here - RANDOM 10%, marriage during AOS, arrests, labor substitutions, and mere luck.
PS: answering your other post about rescheduling - highly not recommended to reschedule. It not only delays your case, but opens it to processing errors (case may be stuck somewhere, like happenned to me (even without rescheduling), changes in quota, etc....
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to NYCHappy:
Thank you so much for your comprehensive reply. You got all the facts right. My company substitued my labor in the summer of 2007 when all categories were current.
If IO askes about that , its Ok , may be easy to reply,there is nothing wrong there , i guess.... BUT my biggest WORRY here is will they say - your 2 kids & wife are staying in India & they come & go on H4 ( as i have valid H1 ) THEN this case is NOT AOS but CP ?
What you feel ? Please reply.
Thanks!
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to Prasad5:
I am not a lawyer, and not that familiar with CP. TALK to a GOOD lawyer (and i'd take one to the interview, as i did)
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to NYCHappy:
Prasad,
My case is similar to yours the only difference is my wife is here on AP.What is CP mean?
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to 17lincoln:
CP- consular processing - indian consulate of your home jurisdiction .
Is your wife here on AP means she stays here OR India ? She just comes on APto visit US or she stays here permanently ?
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to Prasad5:
Thank you the answer.She entered on AP and she stays here permenently.Have you moved your H1 to the sponsar company?
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to 17lincoln:
No , my employer is same , who sponored me for GC & who is holding my current H1. I never changed the employer.
Your case & mine is different here,,,, as your family is here & mine is in India, while their I485 is pending. I dont know wheteher this becomes abandonment of I-485?
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to Prasad5:
Prasad - Make them enter on H4 as you are still H1 and get AP issued if they want to stay out of country for a while(max 6 months) when AOS is pending . When your PD becomes current they can come back again with the AP and will be admitted as LPR .Don't forget to discuss this with lawyer as this could get complicated if they are out .may be he could suggest some way
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to rajkarora:
Thank you for your advice . I might do that as they are coming to the US next month for AOS interview . thanks.
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