F.A.Q on AC21 portability and Similar Job Classification

Introduction

Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA is provided below for convenience:

A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

This section of law allows certain aliens to change or port the offer of employment on which their adjustment of status application is based from one job to another job as long as both jobs are in the same or similar occupational classification. Within these questions and answers, the term “port” or “porting” means to change the offer of employment from one job to another job in a way that allows an applicant to remain eligible to adjust status without having to file a new I-140 immigrant petition. For an alien to change the offer of employment, his or her adjustment of status application, Form I-485, must have been pending with USCIS for 180 days or more.

Questions and Answers

Q1. What is an “occupational classification”?
A1. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The purpose of the SOC system is to classify workers into occupational categories to organize occupational data. The SOC system covers all occupations where work is performed for pay or for profit. Occupations are categorized based on the type of work performed. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job.

The SOC system is organized using codes, which generally consist of six numerical digits. For example, the SOC code for a stonemason is 47-2022.

• [47]-2022: The first two digits, “47” represent the major group, which includes all construction and extraction occupations.
• 47-[2]022: The third digit, “2” represents the minor group, which includes all construction trade workers.
• 47-2[02]2: The forth and fifth digits, “02” represent the broad occupation, which includes brickmasons, blockmasons, and stonemasons.
• 47-202[2]: The sixth digit, “2” represents the detailed occupation, which only includes stonemasons.

47-0000 Construction and Extraction Occupations
47-2000 Construction Trades Workers
47-2020 Brickmasons, Blockmasons, and Stonemasons
47-2022 Stonemasons

No occupation will be assigned to more than one category at the lowest level of the classification (sixth digit). A USCIS memo titled, Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (December 27, 2005 AC21 Memo) instructed USCIS officers to consider the Dictionary of Occupational Titles (DOT) code as part of the same or similar occupational classification analysis. The DOT has been replaced by the Occupational Information Network (O*NET) under the sponsorship of DOL’s Employment and Training Administration (ETA). The O*NET system relies upon the SOC codes.

Q2. How does USCIS determine what qualifies as a same or similar occupational classification?
A2. USCIS generally makes a determination as to whether one job is in the “same or similar” occupational classification as another by referring to the DOL’s SOC system. USCIS officers also consider multiple factors to conclude if two jobs are considered to be in similar occupational classifications for porting purposes (see above question for definition of “porting”). USCIS officers may compare factors including, but not limited to:

• The job duties of both positions
• The SOC code from the Immigrant Petition for Alien Worker (Form I-140) and the appropriate SOC code for the new position
• The wages associated with each position

USCIS officers will view the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes.

Q3. Does USCIS only use the first two or the first three numbers of the SOC code to determine if two occupational classifications are same or similar?
A3. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer.

When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, there is no hard and fast rule for matching any particular order of digits in two SOC codes.

In the example in Q.1, the “47” encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar.

For example, the SOC code for a stonemason is 47-2022. The job description for a stonemason is:

Build stone structures, such as piers, walls, and abutments. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors.

The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemason’s SOC code (47-20). However, the job description for a boilermaker is significantly different from that of stonemason:

Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Assist in testing assembled vessels. Direct cleaning of boilers and boiler furnaces. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines.

Q4. The December 27, 2005 AC21 Memo states that a discrepancy between the wages of two jobs may be used to decide if the two positions are the same or similar, but the memo also states that a difference in the wages of the two jobs cannot be used as the sole basis for denial in adjustment of status portability cases. Can USCIS provide further explanation on how wages are used to determine whether two jobs are in the same or similar occupational classification?
A4. Section I, Question 3 from the December 27, 2005 AC21 Memo provides USCIS officers with the flexibility to consider a “substantial discrepancy” in the wages offered in two positions to assist them in deciding if the two jobs are in the same or a similar occupational classification. A “substantial discrepancy” in the wages of the two jobs may be a contributing factor in a denial when the evidence is considered in its totality. However, a USCIS officer should not deny a case solely because a second position pays more or less than the original.

Section 1, Question 5 from the December 27, 2005 AC21 Memo references a “difference” in the wages to inform both USCIS officers and the public that a difference in wages should not be used as the sole basis for a denial. This means there can be an allowance for normal raises that occur through the passage of time to account for inflation and other factors such as higher rates of pay in different metropolitan locations.

Q5. Can I accept a different position or receive a promotion from my employer and remain eligible to adjust my status to permanent residence?
A5. USCIS will evaluate these situations on a case-by-case basis. The job duties for each position, the SOC codes for each position, and any differences in the wages will be the determining factors as to whether you remain eligible. Regardless of whether the new job is considered a demotion, a lateral move or a promotion within the company for which the beneficiary is employed, the job duties must be sufficiently similar. USCIS officers will view the totality of the circumstances in light of the congressional intent, expressed in INA section 204(j), as enacted by 106(c) of AC21, to facilitate job mobility within the same or similar occupational classification for qualifying aliens with long-pending adjustment applications.

Last updated:04/07/2011

Source - USCIS

FAQ on OPT and F1 Status for Students under H1B Cap-Gap

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.

Questions & Answers

Q1. What is “Cap-Gap”?
A1. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

Q2. How does “Cap-Gap” Occur?
A2. An employer may not file, and USCIS may not accept, an H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1. Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Q3. Which petitions and beneficiaries qualify for a cap-gap extension?
A3. H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension.

Note: Although the first business day of October 2011 is Monday, October 3, eligible F-1 students must make sure to request Saturday, October 1, as their start date in order to qualify for cap-gap extension.
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Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period which begins April 1, while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30 unless the petition is denied, withdrawn, or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.

Q5. Is a student who becomes eligible for an automatic cap-gap extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?
A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation. The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period. Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

Q6. May students travel outside the United States during a cap-gap extension period and return in F-1 status?
A6. No. A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf? It appears that F-1 status would be extended, but would OPT also be extended?
A7. That is correct. F-1 students who have entered the 60-day grace period are not employment-authorized. Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).

Q8. Do the limits on unemployment time apply to students with a cap-gap extension?
A8: Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.

Q9. What is a STEM OPT extension?
A9. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization. F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at www.ice.gov/sevis.

Q10. May a student eligible for a cap-gap extension of post-completion OPT employment authorization and F-1 status apply for a STEM OPT extension while he or she is in the cap-gap extension period?
A10. Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., if the H-1 petition is rejected, denied, or revoked), and the student has entered the 60-day departure preparation period.

Q11. In recent years, employers have been able to file H-1B cap-subject petitions after April 1, and have not always requested an October 1 start date. However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B employment would not begin until a later date. What should the student do to correct this?
A11. The student should contact their DSO. The DSO may request a data fix in SEVIS by contacting the SEVIS helpdesk.

Q12. If the student finds a new H-1B job, can he or she continue working with his/her approved EAD while the data fix in SEVIS is pending?
A12. Yes, if the (former) H-1B employer timely withdrew the H-1B petition and the following conditions are true:

• The student finds employment appropriate to his or her OPT
• The period of OPT is unexpired; and
• The DSO has requested a data fix in SEVIS

Note: If the student had to file Form I-539 to request reinstatement to F-1 student status, the student may not work or attend classes until the reinstatement is approved.

Q13. If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT?
A13. Yes, but only if USCIS receives the withdrawal request from the petitioner before the H-1B change of status effective date. Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to file a Form I-539 to request reinstatement and wait until the reinstatement request is approved, before resuming employment.

Q14. Can the student work past October 1 on their OPT (their EAD card will still show the original end date) if the request to change the end date back is pending?
A14. If the H-1B revocation occurs before October 1, the student may continue working while the data fix remains pending, because the student will still be in valid F-1 status.

If the H-1B revocation occurs on or after October 1, the student will need to apply for reinstatement and wait until the reinstatement request is approved before resuming employment.

Q15. Are students in valid F-1 status while the request to change the OPT end date is pending?
A15. If the H-1B revocation occurs before the H-1B change of status effective date, the student is still deemed to be in F-1 status while the data fix is pending.

If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.

Last updated:04/01/2011

Source - USCIS

Possible EB2 Movement in May Visa Bulletin - Updated Information

Here is the update on Possible EB-2 Priority Date Movement in the May Visa Bulletin. AILA has updated this after following-up on earlier observation of at least 12,000 unused visa numbers from EB1 to EB2. Mr. Oppenheim suggested that these unused visa numbers will be used entirely for May 2011 Visa Bulletin.

Cite as "AILA InfoNet Doc. No. 11040563 (posted Apr. 5, 2011)"

"Following-up on his earlier observations on EB-1 demand and "spill-down" to EB-2 reported on InfoNet on March 29, 2011 (InfoNet Doc. No. 11032960), Charlie Oppenheim discussed scenarios for EB-2 movement in the coming months. In preparation of the May 2011 Visa Bulletin, DOS will consider the approximately 12,000 unused EB-1 numbers that will "spill-down" to EB-2, EB-2 demand and possible unused numbers, and will consult with USCIS on its processing potential. A quick look by DOS at this point indicates that there is the possibility for greater advancement of the India EB-2 category than had earlier been thought. Doing so will give DOS better visibility into EB-3 upgrade demand in the pipeline, and will better ensure that all visas allowed annually are used. However, a rapid advance could spur a surge in demand that could impact the cut-off dates later in the year. The May Visa Bulletin, generally issued mid-April, will contain a discussion of visa availability projections for the remainder of the year."

It is interesting to see that DOL would progress dates as much as possible and then will move them back if they will see high surge in demand. Dates are predicted to move in light of 12,000 unused visa numbers, current EB2-ROW demand and some unused numbers from EB4 and EB5. Lets hope for maximum movement for EB2-IC in coming months. We will revise our May 2011 visa bulletin prediction for EB2-IC based on above statement.

What to do once Priority Date (PD) becomes current?

Anonymous said...
Good Day, great work you are doing here. When a PD becomes current take me through the process that follows please.

A very commonly asked question by fellow petitioners is the step by step process that they should follow after an individual’s Priority date will become current. There are two scenarios to it. 
 

a) If your I-140 is approved, you can file for I-485 for Adjustment of Status (AOS). Once I-485 application is approved, the applicant becomes a lawful permanent resident for US and receives green card.

b) If your I-140 is not filed or approved, you can concurrently file for I-140 and I-485. Your application for I-140 would be handled by your employer and attorney. Only thing that is expected from you is the experience letters showcasing your qualification to the advertised PERM position. Your case will not be approved unless until your I-140 is approved.

In each case, I-485 is an individuals or primary applicant’s petition and employer is not involved in this at all. Only role of the employer is to provide you with the Employment letter (see below). During the filing of I-485, primary applicants are allowed to add in their dependents (wife and children) to their petition. 

I-485 Process / AOS

Adjustment of Status is the final stage of Green Card. After the completion of this process, the applicant becomes a lawful permanent resident of the US.

A applicant can opt either for I485 or Consular Processing (CP).

1. File form I-485 - In this case, the applicant can file for adjustment of status using form I485 for him/herself and family members while remain in US.

2. Consular Processing - In this case, applicant can apply for adjustment of status at the US Consular office in their home country. (We will only cover details related to I-485 in this article. CP will be explained later in other article)

Preparation before filing I-485

 

What documents required to file for I-485 AOS?

The following is a generic list of documents may required for applying for 485/AoS application. It is expected that you have these documents ready to file I-485 application. It is advisable to start looking into it as soon as you think your PD would become current in coming months. The generic list is as shown below:

• Form I-485 - Application to Register Permanent Residence or to Adjust Status.
• Birth Certificate - If you do not have Birth Certificate, you may need a non-availability birth certificate letter from your birth city’s government office AND affidavit or oath under public notary from your parents and one relative or family friends vouching for your birth-date.
• Copy of Passport page with nonimmigrant visa
• Color photographs as per new guidelines
• Fingerprints ( USCIS will notify when and where to provide finger Print)
• Fee
• Form G-325A, Biographic Information (for those between the ages of 14 and 79 years)
• Employment Letter - on employer's letterhead. This letter should confirm that the job on which the visa petition is based is available to you and it should mention your salary.
• Copy of your I-797 Notice of Action, showing that your I-140, Immigrant Petition for Alien Worker, has been received or approved by USCIS .
• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
• Form G-28 Notice of Entry of Appearance as Attorney or Representative. This will enable your lawyer to represent you.
• Form I-765, Application for Employment Authorization or EAD ( Optional, if you want Employment Authorization while the case is pending)
• Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
• You might be required to submit copies of marriage or divorce certificate, death certificate (of spouse), birth certificates for children and certified copies of any arrests or criminal records, depends on your case. In case of non-availability of marriage certificate you may need to furnish affidavit on your marriage and some other proof that you are currently married and stay together (joint bank accounts, joint lease and so on). See country specific requirements on primary and secondary evidence for birth  and marriage certificate in case you DO NOT have originals.

Medical Examination

All applicants must pass a medical examination conducted by a civil surgeon approved by the USCIS and submit copy of I-693 with their application. Medical Examination as old as one year is allowed. If you think that your dates will be current in coming months, please get this done as soon as possible. This way you can beat the traffic especially if your dates will become current during last quarter of fiscal year.

You can find the USCIS approved civil surgeon in your area - online. You can also contact USCIS' National Customer Service Center at 1-800-375-5283 to find an approved civil surgeon in your area. The civil surgeon will record the results of the examination on the Form I-693 and in sealed in an envelope which should be submitted to USCIS along with I-485 applications. You are responsible for paying all doctor and laboratory fees for the exam. You must carry your passport (or other form of photo identification) and your medical and vaccination history. If a condition is diagnosed which makes you inadmissible, you may still be eligible for immigration after completing treatment for the condition.

Employment Authorization Document (EAD), USCIS Form I-765

You and your eligible family member like spouse can apply for an EAD.
An approved EAD allows to work or business to the secondary applicant (spouse).
The primary applicant may take up a part-time job or start a business as long continue working for the employer who filed for the Green Card.

Application for EAD (Form I-765) can be filed concurrently along with I-485 or any time after that as long as I-485 application is pending. The following documents must accompany the form:

• Fee payable by check or money
• 2 passport photographs taken within 30 days of filing the application and as per the new guidelines.
• Copies of both sides of your I-94 card
• Copies of both sides of your EAD if you already had one.

Depends on the service center, EAD approval may take few weeks to few months to get approval. For those who are secondary applicant and does not have a Social Security Number or not allowed to work can apply for Social Security Number , after receiving the EAD Card.

Advance Parole (Travel Document)

The Advance Parole or Travel Document is used to apply for admission to the United States upon return from abroad without having to obtain a visa from a US Embassy or consulate. You must fill Form I-131 for Advance Parole. There is a non refundable Filling fee to be paid by check or money order. This document is usually issued for the time it takes for the AOS application to be processed and is valid for multiple entries. Starting March 2011, both EAD and AP documents are issued on single card. Please ensure that you renew your EAD and AP in timely manner whenever you will travel outside US. If your AP would expire during your stay abroad or you traveled with expired AP, you will lose your AOS status and your I-485 will be denied. (This is not required if you are still in H1-B status. Please see below)

Maintaining your H-1B visa status during this time

It is not required but advisable to maintain your H1-B status even if you have file for I-485 application. Remember that H1-B is dual intent visa and you can file for AOS and still allowed to maintain your H1-B status. This is particularly important incase your AOS is denied and you would not lose your H1-B.

Including your spouse and children for AOS

You can include your spouse and children aged less than 21 at the time of filing I-485 for Adjustment of Status. You must submit all the documents required for AOS for each dependent (except form G-28). In addition, you may need to file Form I-134 (Affidavit of Support) for each dependent. Other documents may include:

• Copy of passport with I-94
• Copy of I-797 and H-4 visa
• Copy of Birth certificate
• Copy of Marriage certificate
• Original Bank statements
• Passport photos as per new regulations

After Submitting I-485 application

Once you would submit your I-485 form, following things would happen.

a) Fingerprinting/Biometrics

b) FBI Name Check

c) Interview (Waived for most applicants)

 

Fingerprinting/ Biometrics

When applying for I-485, you will be fingerprinted so the USCIS can check for FBI and criminal records. The USCIS accepts fingerprint cards prepared only by authorized sites such as Application Support Centers (ASCs), and US Consular offices and military installations abroad. Once you file for I-485, the USCIS will send you a letter with an appointment for fingerprinting and Biometrics for green card at the nearest ASC location. You must have the letter with you when you go in for biometrics. There is a charge per person. Once your biometrics is taken, you will be issued a card FD-258.
Remember: You should not submit the FD-258 card with your application. If you do so, the card will be rejected and you will have to go for fingerprinting again.

FBI Name Check

FBI name check is conducted by the National Name Check Program (NNCP) located in Washington DC. Its main mission is to look up an individual's name in a giant database (Central Records System - CRS) and find any matching records. It may sound simple but is actually a multi-step process that can get quite complicated. This is a typical work flow:

· Receiving requests: USCIS submit thousands of names weekly to NNCP on magnetic tapes;

· Electronic search: Batch names are searched against the CRS' General Indices;

· Easy clearance: If no record was found in either main files or reference files of the Universal Index (UNI) for a particular name, the name check is considered cleared;

· Manual search: Names returned with potential matching records ("hits") are searched again manually. Additional names are cleared after this step;

· Manual review: Names still remaining will be reviewed manually, and matching records located across the country must be forwarded to the agent for analysis.

· Completion: Results are returned to the USCIS who will make a decision as to what effects the information may have on the case.

As per June 2009 – FBI Process 98 percent of all name checks within 30 days and process the remaining two percent within 90 days. You do not have to do anything here. Your FP/Biometrics will take care of this. But your case cannot be approved until FBI Name Check is cleared.

Appear for an interview

Usually the interview is waived for most applicants. If you are called for an interview, it will be a formality. It is advisable to have your lawyer accompany you. The reason for the interview is to clarify any changes or corrections and to verify that all documents are correct. You may be asked to carry any documents that were missing or incorrect. You may be asked for tax records and pay stubs.

If your interview is waived (or if it is completed and you meet all requirements) you will receive an approval letter from the USCIS. You must go to the local USCIS service center with your passport and all I-94 and EAD cards. A temporary green card stamp (I-551) will be placed on your passport. This is an interim green card in case you need to travel out of the US. Within a few months, your green card will arrive in the mail - it is not green in color and looks more like a driver's license or a credit card.

What to do if you case is beyond normal processing time for I-485 application for your National Service Center?

You can do following things (though not advisable for cases which are not already pre-adjudicated) once your case is beyond normal processing time.

a) Open Service Request with USCIS

b) Contact your local Congressmen

c) Get Infopass