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

Please add me to the tracker

EB3 Original LC from MA PD:9/6/2002
I140 ND 4/23/2004 AD 9/21/2004
I485 ND 8/3/2004

Thanks
 
Please update the tracker.

EAD approval date: 12/07/04 (First I got the message saying after the approval they have ordered for a card. Today, on 12/10/04 there is a LUD on EAD saying the approval notice was mailed on 12/10/04).
AP LUD : 12/10/04
 
Advance Parole regd

Need answer if anyone know in this forum:

The question is as follows:

A person who already applied I-140& I-485, but not yet approved and wants to go to India with approved Advance Parole in hand, leaving his family here and stays in India doing a project and wants to come back after six months to USA with Valid AP in hand.

Does he gets involved in any problem?. He is going to India as he got a project in India with a better pay than here in USA.

Appreciate your feedback if any one in the forum faced a situation like this and wants to advise.
 
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Is it true that I-140 applications are not processed until the priority date is met for all pending EB3 applications. Please confirm.

I saw this in Vermont 485 issue by "cbeking" and am totally confused.......I thought I-140s would be processed.....huh........no one exactly know whats going to happen. Lets see
 
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Question: Double 485

I filed in EB3. 140, EAD, AP are approved,but 485 pending. My Priority Date was June 2003. My wife filed EB2/NIW in May 2004 with 140 only and nothing else. Given the retrogression situation with cut-off date of Jan 1, 2002, I am thinking to give up my 485 waiting and go to be a dependent on my wife's case because I am not positive that the priority date will move to anywhere near mine, June 2003, at any time soon.

1. Do you think this is a good idea?
2. Do we need to file brandnew 485 with my wife's case? Or we can transfer mine to hers.
3. Can we file double 485, meaning keeping my 485 and file another 485 with her case?

From my wife's lawyer, one person can only file one 485 with one A# even though he/she can file two or more 140s.

Any input would be appreciated.
 
Received I140 automated email approval notice after Layoff

Folks
I got my I140 appoval by automated email. Am I eligible for AC21 now ?
Pls. update tracker too.

******************
"This case has been approved. On December 10, 2004, an approval notice
was mailed. If 14 days have passed and you have not received this
notice, you may wish to verify or update your address. To update your
address, please call the National Customer Service Center at (800) 375-5283"

**********************
Labor PD: 18-May-2001 (from NY), approved: 11/2003
I140/485 concurrent applied: ND: 20 Jan 2004
EAD approved: 13 Apr 2004
Laid off from Job in Oct 2004
FP done: 30 Oct 2004
Wife's EAD approved: Nov 2004 (as I applied late)
Started New Job: Nov, 2004 (with 8% less salary)
I485 - LUD changed few times remained at 11/11/2004
I140 approved: 10 Dec 2004 :D
*****************
Pls. post your suggestions.

Thanks
 
priority date in light of retrogation..

Gurus !
I m new to the thread and about to be born in 140-485 world.
My labor was filed in august 2001 and hence the priority date is august 2001.
If retrogation rule is in effect stating the retrogation date of 01/01/2002. how would I be affected?
I havent filed 140-485 concurrent yet but will be filing soon.
Also How important is the experience letter for previous employer for which I worked 5 years ago?


Thanks in advance for you advice
 
jani2711 said:
Gurus !
I m new to the thread and about to be born in 140-485 world.
My labor was filed in august 2001 and hence the priority date is august 2001.
If retrogation rule is in effect stating the retrogation date of 01/01/2002. how would I be affected?
I havent filed 140-485 concurrent yet but will be filing soon.
Also How important is the experience letter for previous employer for which I worked 5 years ago?


Thanks in advance for you advice
Click to expand...


I believe you are safe and you can apply for I-140/I-485 now. Your PD is Aug 2001. You need experience letters from the day you filed your labor and also those many years of experience that are in the labor application
 
Congratulations!

Hidden_man said:
LCV,
Please activate my record with the following info

140 approved Dec 9th, 2004
FP done Nov 20th
Click to expand...

Congratulations Hidden_Man.... Good to see your approval after MTR.
 
SedhaNo1

First Congratulations on your 140 approval. I believe you are eligible. Currently you have 140 approval and 485 is pending since 180 days, that is all needed for AC-21.

Below is an excerpt from the memo that came out in Aug 03. Hence I think you may need a good lawyer to work out the AC-21 formalities. The "intent" clause mentioned below should be taken care of if the INS knows about the lay off during I-485 processing. Also I do not think there is any need to inform INS about the layoff in your AC-21 letter (if you intend to send one).

" In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act."

Good Luck.

SedhaNo1 said:
Folks
I got my I140 appoval by automated email. Am I eligible for AC21 now ?
Pls. update tracker too.

******************
"This case has been approved. On December 10, 2004, an approval notice
was mailed. If 14 days have passed and you have not received this
notice, you may wish to verify or update your address. To update your
address, please call the National Customer Service Center at (800) 375-5283"

**********************
Labor PD: 18-May-2001 (from NY), approved: 11/2003
I140/485 concurrent applied: ND: 20 Jan 2004
EAD approved: 13 Apr 2004
Laid off from Job in Oct 2004
FP done: 30 Oct 2004
Wife's EAD approved: Nov 2004 (as I applied late)
Started New Job: Nov, 2004 (with 8% less salary)
I485 - LUD changed few times remained at 11/11/2004
I140 approved: 10 Dec 2004 :D
*****************
Pls. post your suggestions.

Thanks
Click to expand...
 
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bearshub

Good that you have a fall back option... Please see below.
bearshub said:
I filed in EB3. 140, EAD, AP are approved,but 485 pending. My Priority Date was June 2003. My wife filed EB2/NIW in May 2004 with 140 only and nothing else. Given the retrogression situation with cut-off date of Jan 1, 2002, I am thinking to give up my 485 waiting and go to be a dependent on my wife's case because I am not positive that the priority date will move to anywhere near mine, June 2003, at any time soon.

1. Do you think this is a good idea?
A lot depends on your cicumstances. ... With NIW you may not be able to use AC-21 until 140 is approved ( I assume she has also filed in VT).
2. Do we need to file brandnew 485 with my wife's case? Or we can transfer mine to hers.
Sorry I do not know... Search recent postings from "Ginnu" or "United Nations". I "think" I saw a posting recently (last week) where he mentioned about transferring 485 where a person had two approved 140s one in EB2 and another in EB3. You may want to send a PM for more info.

3. Can we file double 485, meaning keeping my 485 and file another 485 with her case?
No Definitely not.

From my wife's lawyer, one person can only file one 485 with one A# even though he/she can file two or more 140s.

Any input would be appreciated.
Click to expand...
 
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Roze Are you sure?

roze said:
My Labor Priority date is May 2004.
It is a substitute laboe.
Click to expand...

Roze are you sure Labor PD is May 2004? Your substituted labor is from NJ. Labor priority date is the date when the labor was applied for the original candidate.

Your case appears to be unique in EB3 category because there does not appear to be any trigger for the FP notice (like 140 Approval etc). Did you file any AR-11 (Change of address) recently before you got your FP notice?

Thanks a bunch.
 
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july022004 said:
" In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act."

Good Luck.
Click to expand...

july022004, you brought in a valid point here and I thank you for enlitening me.

I am processing my GC as a future employe, i.e I am not working with the sponsoring company right now. My i-140 is approved in OCt 04.

From the above statement, looks like I can excercise AC-21 rule.

The questions I have are:
1,Did anyone use AC-21 rule , who are getting their GC processed from a prospective employer.
2,Can I transfer the case to the present company I am working in.
3,Are there any risks involved, in accepting employment from California based companies, (Since my GC is being processed from VA).





  1. 1
 
Tricky situation...

Hi Folks !
I am in a tricky situation. My labor was approved with the experience of current employer (4yrs)+previous employer(1Yr)+indian employer (8 yrs). Attorny made a mistake for the previous employer and put the client's name(not same as employer as usual) in and not the employer's name as previous employer. I have experience letter from the client also and thats what my lawyer is asking me to submit since client's name is in the labor certification. I m filing I140 and 485 concurrently
Do you think there could be a problem with this? and if so what precautions should I take to answer a query if any.

Thanks in advance for your advice..
 
FP done

I completed my FP on 11/24/04 at Alexandria, VA. Could someone please update the tracker?

I have not seen the update message on USCIS yet. Is that a problem?

Thanks.
 
Gurus,

I filed my I-140/485 in nov'04 at VSC(EB3). Does my 140/485 gets approved at the same time (according to new rule from Apr'04) or 140 first, then 485.

Please respond asap as the EB3 dates retrogation gives little room for AC21 portability if both 140/485 are going to be approved simultaneously :confused:

Thnx,
gc_76
 
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