2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
- Thread starter inferno
- Start date
gcivvu said:
Depend on what is your situation and where you are.
If you have changed the employer using the AC21 rule then you are fine. The rule clearly says that you will be safe even if the employer revokes the I-140. Subjected to the fact the 6 months have passed from the date of the 485 filing and I-140 is approved.
If you are still with the same employer and the employer revokes the I-140 then I guess your GC is screwed, your 485 will also be rejected automatically.
I may be wrong but the portability rule only applies if you have ported to another employer.
I will let others pass the judgement on the second case.
neocor
140
Hi,
MY I140 is still pending. My wife is using EAD now. If my I140 is declined what happens to her status. How she has to come back to the H4 or dependent. I am still on my H1 visa. Could any one tell me the what are steps we need to do if 140 declines.
Thanks!
Raj
Hi,
MY I140 is still pending. My wife is using EAD now. If my I140 is declined what happens to her status. How she has to come back to the H4 or dependent. I am still on my H1 visa. Could any one tell me the what are steps we need to do if 140 declines.
Thanks!
Raj
aniraj said:
If your I-140 is declined then your wife's EAD becomes invalid automatically.
Now if she has her H4 stamping current then she can remain in US on H4, but offcourse she has to leave the job.
If She does not already have a valid H4 stamped or a valid H4 approval notice, then she has to immediately leave the US and get an H4 stamped in the native country using your H1 nad return.
Please check with a lawyer about the sitaution where your wife also has a valid H4. In the second situation she is clearly out of status and has to leave.
neocor
StillAlive
Registered Users (C)
Updated VISA Bulletin
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILTIY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
http://travel.state.gov/visa/frvi/b...letin_2712.html
D. EMPLOYMENT PREFERENCE VISA AVAILABILTIY
The backlog reduction efforts of both Citizenship and Immigration Services and the Department of Labor continue to result in very heavy demand for Employment-based numbers. The amount of cases currently being processed is sufficient to use all available numbers in many categories. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut-off date movements are likely to be slow.
http://www.immigration-law.com (looks like good news)
10/21/2005: AILA Confirms Following Details of Senate Judiciary Approvals Yesterday
According to the AILA, AILA has passed the following immigration proposals yesterday:
Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
We agree with the AILA that these are not final bills and we have a long way to go to make these proposals into a reality. Businesses, academic institutions, and other stakeholders should keep working with their Congressional representatives to support the Senate Judiciary bill.
10/21/2005: AILA Confirms Following Details of Senate Judiciary Approvals Yesterday
According to the AILA, AILA has passed the following immigration proposals yesterday:
Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
We agree with the AILA that these are not final bills and we have a long way to go to make these proposals into a reality. Businesses, academic institutions, and other stakeholders should keep working with their Congressional representatives to support the Senate Judiciary bill.
I-90 Replace Permanent Resident Card (HELP please..)
Jharkhandi, United Nations and all the seniors and gurus please help ....
This evening I got a letter from INS stating that they have tried to deliver to the address they had on their file at that time. They asked me to file I-90 for the replacement of permanent card.
Here are my details.
------------------
Mine is a substitute EB2 labor from May 2002, filed I-140 and I-485 last last year Feb and May(2004) and got an RFE on I-140 in this year Feb for ability to pay and the reply was sent to INS on June 20th and had seen 4 LUDs June 20th, 21st, 22nd and 23rd. After that no info. Again on Sep 19th another LUD on I-140 and no LUDs on 485 since the RFE in Feb'05. My attorney after constant bugging last month after the LUD on I-140 sent in a request to INS for my I-140 and the status was the same. I've moved to a new address in the last week of August and submitted AR-11 and informed INS on Oct 1st. I have seen LUDs on my wife's case on Oct 19th and 20th.
Surprisingly, today I got this letter stating that the card has been mailed on 23rd June to my previous address and asking me to file I-90 form. If either my I-140 or I-485 are approved and the approved copies are sent to both attorney and myself, let us assume I've not recieved the copies, my attorney should have recieved it by this time(one of the famous attorney, who maintains a nice website..) , I've met my attorney in person too recently if they have recieved the copy why would they hide the information. ?
I do not see any approval statement on the INS website, when I call the INS they say that without approval they do not send the cards and sometimes they do not update the case status on the net too..
Does this mean my card is approved?? Please let me know gurus??
EB2 Sub - May 2002
I-140 RFE Feb'05 - reply Jun'05
I-140 RD Feb'04 last LUD Sep'05
I-485 RD Apr'04 LUD Mar'05
Still in a confused state whether my card is approved or not?? Please let me know if anybody is sailing in the same boat???
Jharkhandi, United Nations and all the seniors and gurus please help ....
This evening I got a letter from INS stating that they have tried to deliver to the address they had on their file at that time. They asked me to file I-90 for the replacement of permanent card.
Here are my details.
------------------
Mine is a substitute EB2 labor from May 2002, filed I-140 and I-485 last last year Feb and May(2004) and got an RFE on I-140 in this year Feb for ability to pay and the reply was sent to INS on June 20th and had seen 4 LUDs June 20th, 21st, 22nd and 23rd. After that no info. Again on Sep 19th another LUD on I-140 and no LUDs on 485 since the RFE in Feb'05. My attorney after constant bugging last month after the LUD on I-140 sent in a request to INS for my I-140 and the status was the same. I've moved to a new address in the last week of August and submitted AR-11 and informed INS on Oct 1st. I have seen LUDs on my wife's case on Oct 19th and 20th.
Surprisingly, today I got this letter stating that the card has been mailed on 23rd June to my previous address and asking me to file I-90 form. If either my I-140 or I-485 are approved and the approved copies are sent to both attorney and myself, let us assume I've not recieved the copies, my attorney should have recieved it by this time(one of the famous attorney, who maintains a nice website..) , I've met my attorney in person too recently if they have recieved the copy why would they hide the information. ?
I do not see any approval statement on the INS website, when I call the INS they say that without approval they do not send the cards and sometimes they do not update the case status on the net too..
Does this mean my card is approved?? Please let me know gurus??
EB2 Sub - May 2002
I-140 RFE Feb'05 - reply Jun'05
I-140 RD Feb'04 last LUD Sep'05
I-485 RD Apr'04 LUD Mar'05
Still in a confused state whether my card is approved or not?? Please let me know if anybody is sailing in the same boat???
Last edited by a moderator:
Jharkhandi
Registered Users (C)
YRGOPAL said:
Very likely it is approved! Did you send I-90 already? If not - send it soon.
Also get infopass appointment - go with your passport and request stamping - show the letter from USCIS which states that card was not delivered due to address change.
Thanks a lot Jharkhandi for the expedituous reply. I've mailed the I-90 by fed-ex this evening and planning to see what happens. Checked for the Infopass this evening, but unfortunately the infopass online appointment scheduler is out of service.
I will keep you guys posted of the updates.
Thanks again for the quick reply.
I will keep you guys posted of the updates.
Thanks again for the quick reply.
AC21 questions
I just moved to a different company and filed AC21..
Question : If there is any RFE on my 1-485 the who shall receive it lawyer or myself ?
If lawyer then how can I tell UCIS to not to contact any lawyer but send all the queries directly to me. ?
I just moved to a different company and filed AC21..
Question : If there is any RFE on my 1-485 the who shall receive it lawyer or myself ?
If lawyer then how can I tell UCIS to not to contact any lawyer but send all the queries directly to me. ?
Jharkhandi
Registered Users (C)
philava said:
Call VSC and explain them that you(and your family, if you want) are no longer being represented by lawyer ABC. Then verify it after a week or two that records have been updated by VSC.
If you have used AC-21 sensibly then there is no reason to worry. But you should hire a lawyer, who can take care of issues, in case you get NOID or RFE and you are not in USA/out on vacation. No need to hire expensive lawyers - all you need is a prompt lawyer.
philava said:
Did you file AC21 yourself or the new company lawyer did it for you?
If the lawyer did it then he probably send a request to change the lawyer from the previous to current.
And if you have not hired a lawyer or the current company dint provide then get some cheap lawyer who can answer the querries that comes.
thank you guys...
my company lawyer filed AC21 but they did not a request to change the lawyer from the previous to current, as they say that they are not resposible for all such matters and I will have to get a lawyer by my self.
I tried calling VSC but I could not find any option to talk to representative. Automatic recording gives no option to talk to any one.
I think , as you said that I should hire a cheap lawyer and let him represent my case...
thanks for the advice
my company lawyer filed AC21 but they did not a request to change the lawyer from the previous to current, as they say that they are not resposible for all such matters and I will have to get a lawyer by my self.
I tried calling VSC but I could not find any option to talk to representative. Automatic recording gives no option to talk to any one.
I think , as you said that I should hire a cheap lawyer and let him represent my case...
thanks for the advice
any comments on this
http://www.immigration-law.com (looks like good news)
--------------------------------------------------------------------------------
10/21/2005: AILA Confirms Following Details of Senate Judiciary Approvals Yesterday
According to the AILA, AILA has passed the following immigration proposals yesterday:
Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
We agree with the AILA that these are not final bills and we have a long way to go to make these proposals into a reality. Businesses, academic institutions, and other stakeholders should keep working with their Congressional representatives to support the Senate Judiciary bill.
http://www.immigration-law.com (looks like good news)
--------------------------------------------------------------------------------
10/21/2005: AILA Confirms Following Details of Senate Judiciary Approvals Yesterday
According to the AILA, AILA has passed the following immigration proposals yesterday:
Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
We agree with the AILA that these are not final bills and we have a long way to go to make these proposals into a reality. Businesses, academic institutions, and other stakeholders should keep working with their Congressional representatives to support the Senate Judiciary bill.
I am seeing an LUD today for both me and wife's 485 after 5 months.
The message states - 'On May 16, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.'
EB2 Sub Labor
PD: March 2001
485/140 RD: 06/17/2004
140 AD: 2/11/2005
FP Done: 04/30/2005 - Alexandria, VA
485 LUD: 05/02/05, 05/03/05, 05/10/2005(FP Received), 05/13/2005(FP received for wife), 10/26/2005
The message states - 'On May 16, 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.'
EB2 Sub Labor
PD: March 2001
485/140 RD: 06/17/2004
140 AD: 2/11/2005
FP Done: 04/30/2005 - Alexandria, VA
485 LUD: 05/02/05, 05/03/05, 05/10/2005(FP Received), 05/13/2005(FP received for wife), 10/26/2005
ny-quant said:
Photo Guidelines for EAD and AP
Hi Gurus,
Could you pelase let me know the photo requirements for EAD and AP. I have seen people getting RFE for photo. I need to extend EAD and AP. Can i take pictures using digital camera in the studio or it's not allowed.
Please help me .
Hi Gurus,
Could you pelase let me know the photo requirements for EAD and AP. I have seen people getting RFE for photo. I need to extend EAD and AP. Can i take pictures using digital camera in the studio or it's not allowed.
Please help me .