2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

could someone please give me some advice.....

I'm still in labor certification but I'm starting to look ahead to I140 and I485. I don't think I really understand how it works.

I know you can do concurrent filing and it looks like the I485 is taking over 2 years.

What is consular processing and if I do that do I still have to file an I485? How would it work and what are the risks?

is anyone here taking that path?
 
Hi!

I got EAD's approval on May 3rd for me and for my wife too.
I want to hear the same with I-140 and I-485 too.
thanks.
best of luck who are with me.
 
sree234

sree234,

I do not see your information in our tracker.

What is your Notice Date ?
Which category did you apply in ? (EB1/EB2/EB3)
When were your AP and EAD approved ?
 
Originally posted by nyc1999
could someone please give me some advice.....

I'm still in labor certification but I'm starting to look ahead to I140 and I485. I don't think I really understand how it works.

I know you can do concurrent filing and it looks like the I485 is taking over 2 years.

What is consular processing and if I do that do I still have to file an I485? How would it work and what are the risks?

is anyone here taking that path?
Click to expand...

Hi nyc1999.

Going the CP route and filing an I-485 (for adjustment of status within the US) are mutually exclusive (you can technically switch from one to the other but this generally requires filing a form which can take 8+ months to process).

There's some useful info on this at: http://boards.immigration.com/showthread.php?s=&threadid=98938&perpage=15&pagenumber=36

See also http://www.murthy.com/choose.html (and search that site for other info on CP vs AOS).

In a nutshell, if the job for which you are being sponsored is rock solid, consider CP as it might be slightly faster but be aware that this means going back to your native country for processing and that you are SOL if anything goes wrong at that end. That said, *if* the recently proposed changes to handling concurrently filed I-140 / I-485 really do result in a 6 month turnaround time, then this may become your best bet.

ETA
 
Originally posted by ETA-GC
Hi nyc1999.

Going the CP route and filing an I-485 (for adjustment of status within the US) are mutually exclusive (you can technically switch from one to the other but this generally requires filing a form which can take 8+ months to process).

There's some useful info on this at: http://boards.immigration.com/showthread.php?s=&threadid=98938&perpage=15&pagenumber=36

See also http://www.murthy.com/choose.html (and search that site for other info on CP vs AOS).

In a nutshell, if the job for which you are being sponsored is rock solid, consider CP as it might be slightly faster but be aware that this means going back to your native country for processing and that you are SOL if anything goes wrong at that end. That said, *if* the recently proposed changes to handling concurrently filed I-140 / I-485 really do result in a 6 month turnaround time, then this may become your best bet.

ETA
Click to expand...

Thanks ETA,

this is very useful
 
Address change

All,

I have heard that changing address while greencard is in process is not a good idea, it could delay the processing time. Does anyone has an idea what stage it is safe to change residence? After I-140 ? Neve till you get your card ? FP ?

Thanks,
ST.
 
Re: Address change

Originally posted by SachinTendulkar
All,

I have heard that changing address while greencard is in process is not a good idea, it could delay the processing time. Does anyone has an idea what stage it is safe to change residence? After I-140 ? Neve till you get your card ? FP ?

Thanks,
ST.
Click to expand...

It doesn't matter. If it does anything - then I would say - it triggers approvals.
 
Ok Thanks Jharkhandi, just to be sure .. you are saying that even if you change address, it will not delay greencard processing correct?
 
Originally posted by SachinTendulkar
Ok Thanks Jharkhandi, just to be sure .. you are saying that even if you change address, it will not delay greencard processing correct?
Click to expand...

Correct.
 
This is from immigration-law .com
<b>
Outright Denial for Failure to Submit "Sufficient" Evidence is the scary part in this.<b>

USCIS Move to Reduce RFEs

The AILA has reported that yesterday the USCIS started its move to reduce issuance of RFEs which had burdened the agency with tons of workloads leading to the delays in adjudication and backlogs. This move cuts both ways for the customers. But before we get to this point, let's find out the skeleton of the agency's new guidelines.
Outright Denial for Failure to Meet Basic Statutory/Regulatory "Substantive" Qualification Requirements: From today, the agency will deny petitions or applications if the filing fails to meet the "threshold" eligibility requirements for the petitions or applications. This will help the agency to throw out either frivolous or totally ineligible cases without wasting any time and money.
Outright Denial for Failure to Submit "Sufficient" Evidence to Establish Eligibility: When the petitioners or applicants submit the required basic threshold supporting documentation which meet the "initial" evidence requirement under the statute and regulation, the agency will not give additional opportunity to supplement the evidence by issuing RFE. Accordingly, it will be critically important that the petitioners or applicants go an extra mile to document not just de minimus threshold evidence but sufficient evidence to prove the threshold requirements.
RFE is required When "Initial" Records Are Missing: The statutes and regulations list the record requirements for filing of petitions or applications. If such records or evidence are missing, the agency will continue to issue RFE.
The positive impact of this move is obviously reduction of backlog. This web site has been advocating such move all along.
However, one should not ignore the negative side of this decision. People will see increased number of denials in the mail without RFEs. A couple of things people should be conscious in presenting a case from here on:
Meticulous Documentation for Threshold: One cannot sit on a minimal documentation anymore. The agency cited as an illustration issue of "employer's financial ability to pay the proffered salary" to the alien employees. If the least amount of evidence is submitted to establish this requirement, which the agency believes failed to prove this requirement, the case will be denied outright. From here on, "extra" documentation may be a prudent thing to do.
EAD vs. H-1B Strategy for I-485 Filers: The risk of working on EAD rather than H-1B status will increase substantially under the new policy. Once I-485 is denied, the alien loses the legal status immediately if the alien worked on EAD rather than a nonimmigrant status. The agency will immediately revoke the EAD. The only recourses available will be either an appeal or a motion to reconsider or a motion to reopen. Meanwhile, those who work on H-1B will not be affected by such denial when it comes to their H-1B employment and legal status. Besides, those who work on EAD rather than a nonimmigrant status are subject to removal proceedings as they do not have any specific nonimmigrant status when the I-485 application is denied. Another important point to remember for the 7th-year H-1B extension eligible professionals. Under the current court decision, the denial of agency does not deprive them of eligibility for the 7th-year extension "if" an appeal has been filed timely. The court determined that "final decision" under the AC 21 that stops the eligibility for the 7th extension eligibility would not arrive until a decision is made by an appeal unit. It is thus likely that people will witness an increased number of appeals to seek remedy for the legal issues and to preserve their right to the 7th-year H-1B extension pending appeal.
 
Last edited by a moderator:
Spouse and I got our EAD cards in the mail yesterday.


I was upset (but ofcourse not surprised ) to see that the cards had been sent to my old address (even after repeated address changes on the phone by my attorney's associate and myself) and redirected by the postal service to my current address.

I guess I have to get on the phone with them AGAIN, about the address change. WHAT A PAIN !
 
LC_Virginia said:
Spouse and I got our EAD cards in the mail yesterday.


I was upset (but ofcourse not surprised ) to see that the cards had been sent to my old address (even after repeated address changes on the phone by my attorney's associate and myself) and redirected by the postal service to my current address.

I guess I have to get on the phone with them AGAIN, about the address change. WHAT A PAIN !
Click to expand...

Consider yourself lucky - sometimes post offices return it back and then it is real problem.
 
You must log in or register to reply here.
Top