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

Thanks Hegde for quick update.

We(me and my wife) have applied for EAD and AP in Dec'05 and our RD is 12th Dec. I was wondering because, no movement in the dates in INS bulletin.

Is anybody else got their EAD and AP renewed recently.

Thanks
 
EAD & AP Renewal

kskrajendra said:
Thanks Hegde for quick update.

We(me and my wife) have applied for EAD and AP in Dec'05 and our RD is 12th Dec. I was wondering because, no movement in the dates in INS bulletin.

Is anybody else got their EAD and AP renewed recently.

Thanks
Click to expand...

Hi,
EAD and AP applied on 11/11/2005. Renewal approved last week.
I got cards today. Waiting for AP mails.
Took almost 2 months to approve.

vllrp
-----------------------
LC PD: 5/2003 AD: 12/14/2004
EB3, EAD/AP/140/485 RD:12/30/2004 ND:01/14/2005
EAD AD 02/04/2005
AP AD 02/08/2005
I-140 AD 03/15/2005
FP ND 02/18/2005 / FP Done 04/09/2005
I-485 ??? 1st LUD 04/11/05, 2nd LUD 04/12/05 3rd LUD 04/13/05
4th LUD 04/20/05 (FP Received , for spouse only)
2nd EAD/ AP Renual RD 11/16/05 AD 01/11/06
 
jd_mass,

Thanks for your response.

Appreciate it...
MD2001

jd_mass said:
Hi MD2001,

1. Yes, every case goes through Security Check. Although I am not sure, I believe Security Check process for I-485 application begins around the time of application. Most cases are completed in a few days, some take over 60 days and a few cases takes up to 2-yrs or more. I was one of the unluck ones!

2. You can call VSC customer service to enquire if Security Check has been completed for your case. They typically just answer YES or NO but do not give any further details.

3. In this forum, I have seen posts from a few applicants that they had received notice from VSC that their case is stuck for Security Check. I had not received such a notice.

Hopefully, your case does not get stuck in Security Check process, it is pretty painful since you can't do much about it and you do not have many details.

Good luck!
Click to expand...
 
April 2001

Hi Folks,

I keep hear that, EB3 cases will get stuck in April 2001 due to 245(i) (If I am right). One thing I can't understand is that, 245(i) is for illegally stayed people. How that will impact EB2/3 cases?
 
The 245(i) was an amnesty and gave an opportunity for people in the country illegaly but with no felony charges against them to apply for Green Cards.

Now, if you look at the definition on EB3 in USCIS website, it says that persons with Bachelor's degree or 2-yrs training or experience in a field can apply in EB3 category. The definition for EB2 is more stringent, needing an advanced degree or exceptional ability in the given field. So, I would assume that most applicants taking advantage of 245(i) applied in the EB3 category.

If you look at latest Visa Bulletin, EB2 dates for all countries have passed the April'01 date but for EB3 this has not happened. I would guess that this is due to 245(i) but cannot be sure.

Good luck!


kskrajendra said:
Hi Folks,

I keep hear that, EB3 cases will get stuck in April 2001 due to 245(i) (If I am right). One thing I can't understand is that, 245(i) is for illegally stayed people. How that will impact EB2/3 cases?
Click to expand...
 
jd_mass,

Thanks for clearing the air.

jd_mass said:
The 245(i) was an amnesty and gave an opportunity for people in the country illegaly but with no felony charges against them to apply for Green Cards.

Now, if you look at the definition on EB3 in USCIS website, it says that persons with Bachelor's degree or 2-yrs training or experience in a field can apply in EB3 category. The definition for EB2 is more stringent, needing an advanced degree or exceptional ability in the given field. So, I would assume that most applicants taking advantage of 245(i) applied in the EB3 category.

If you look at latest Visa Bulletin, EB2 dates for all countries have passed the April'01 date but for EB3 this has not happened. I would guess that this is due to 245(i) but cannot be sure.

Good luck!
Click to expand...
 
It appears that there is a lot of speculation going on regarding this amesty and EB3. I understand you are only posting your opinion but please! dont post incorrect info or speculate heavily.

A number of factors affect this: Depending on who is applying /sponsoring the amnesty application, it could go in as Employment based or Family based. Depends on the country of origin. I can't find any references so far that all EB based amnesty goes under EB3 only. And the interesting thing is they can apply/transfer between categories depending on which ever process is faster.

There are other EB categories outside of 1, 2 and 3 that could get affected also especially the "Other Workers" which was stuck in Oct 2000 now at apr 2001. May be just a coincidence.

Good luck all.

Here are some readings on this amnesty of April 2001.

http://uscis.gov/graphics/howdoi/hdi245i.htm
Apr 30, 2001 deadline
http://uscis.gov/graphics/publicaffairs/advisories/245irem.htm

More info:
http://www.numbersusa.com/text?ID=1049
"The alien must have a qualifying sponsor. Sponsors may include (1) an adult relative (spouse, sibling, parent, child) who is a U.S. citizen, (2) a legal permanent resident of the U.S. who is a spouse of the alien, or who is the parent of an alien who is the unmarried adult child, or (3) an employer."
"Applicants being sponsored by relatives must be able to show that the qualifying family relationship existed by August 15, 2001. Applicants being sponsored by employers must be able to show that the employer filed a Labor Certification Application on their behalf by August 15, 2001."

http://immigration.about.com/library/weekly/aa010701b.htm

http://immigration.about.com/gi/dynamic/offsite.htm?site=http://shusterman.com/245i-faq.html
 
Waiting for AP approvals

Hi,
I have applied AP for my wife(RD - 12/19/05) and waiting for the approval. Friends please update your status, so we can have some track on the approval dates.

Thanks,
ajnobi


kskrajendra said:
Thanks Hegde for quick update.

We(me and my wife) have applied for EAD and AP in Dec'05 and our RD is 12th Dec. I was wondering because, no movement in the dates in INS bulletin.

Is anybody else got their EAD and AP renewed recently.

Thanks
Click to expand...
 
oajnabi said:
Hi,
I have applied AP for my wife(RD - 12/19/05) and waiting for the approval. Friends please update your status, so we can have some track on the approval dates.

Thanks,
ajnobi
Click to expand...
I received approvals for my EAD and AP on Jan 06. It took me about 2 months once my lawyer applied for those.
 
plaing trip on Advance Payroll

Gurus,

Right now I am working on H1B only. And had EAD, but not using. And my H1 is getting expired on Feb 2006. And my EAD is getting Expired by 5th March 2006. I applied extention for both of them.

Is it possible and safe if I go to my country for Vacation in March 10th 2006 on my Advance Payroll for two weeks, when both EAD and H1(8th year) are pending for renewal.

Note:Advance payroll of mine is valid upto March 31st 2005.

Any suggestion is appreciated.

Thanks!
GCBee
 
gcbee said:
Gurus,

Right now I am working on H1B only. And had EAD, but not using. And my H1 is getting expired on Feb 2006. And my EAD is getting Expired by 5th March 2006. I applied extention for both of them.

Is it possible and safe if I go to my country for Vacation in March 10th 2006 on my Advance Payroll for two weeks, when both EAD and H1(8th year) are pending for renewal.

Note:Advance payroll of mine is valid upto March 31st 2005.

Any suggestion is appreciated.

Thanks!
GCBee
Click to expand...

I guess 'Note:Advance payroll of mine is valid upto March 31st 2005.' must be a typo right ? If its then as long as u r coming back before ur Advance Parole expires you should be good. I just came back from India and re enterd on my AP.

FYI there r quite a few issues with not having valid visa stamp in passport if u travelling through europe.


cheers .
 
Update - AP Renewal application approved

Hi,
My wife's AP got approved(e-mail received from USCIS) on 01/25/06. RD was 12/19/05.

Thanks,
oajnabi
 
Travelling on AP without valid H1/EAD (applied for renewal)

Yes, you are right, its a type error. It is March 31st 2006.

GCBee

aj_jadeja said:
I guess 'Note:Advance payroll of mine is valid upto March 31st 2005.' must be a typo right ? If its then as long as u r coming back before ur Advance Parole expires you should be good. I just came back from India and re enterd on my AP.

FYI there r quite a few issues with not having valid visa stamp in passport if u travelling through europe.


cheers .
Click to expand...
 
I noticed an LUD today on mine and my wife's I-485s. We recently filed our second APs, not sure if that's triggered it.

EB2 India PD:March 2001
140/485 ND: 06/17/2004
140 AD: 2/11/2005
FP Done: 04/30/2005
485 LUD: 05/3/2005,5/4/2005,5/10,2005(FP received),5/14/2005(FP received for wife),10/26/2005(Enquiry),1/27/2006
 
01/26/2006: Good News for Visa Movement

01/26/2006: Good News for Visa Movement

AILA has reported the DOS advised AILA that "thanks? to" the decrease in demand for EB visa numbers from USCIS I-485 cases and 245(i) labor cases still being held in the Department of Labor, the visa number would progress forward as follows:
Worldwide EB-1 and EB-2: There will be no cut-off date for the these categories.
Worldwide EB-3: Unlike the DOS previous prediction that the large number of 245(i) filings would be filed during March and April 2001 and it would result in a surge of EB-3 number demand and would limit movement of the cut-off date, 245(i) cases still remain at the DOL and therefore there will be movement in EB-3 visa numbers.
India EB-1 and EB-2: It will continue a rapid movement for the next several months.
India EB-3: It will move ahead but may become limited down the road.
China EB-1 and EB-2: It will continue a rapid movement for the next several months.
China EB-3: It will stay at the Worldwide date.
What a good news!

http://www.immigration-law.com/
 
Hello All:
I would like to thanks in advance for your suggestions on solving my difficulties.

I filed Labor under Perm and got approval in Sept 05. Filed I140 and got RFE back. They are questioning on employer's ability to pay me.

My employer is a small employer (funded by VCs) started in 97. It has little less than 30 employee. It has never missed a single payrole. Since, it was never profitable, it never filed any federal taxes. Also, there is no documents for 'financial auditing'.

I have my W2s and pay stubs proving that i am getting decent salary, certainly more than the prevailing wage.

Can someone suggest me what can I use as an alternate to prove the company's ability to pay me?
 
GoodLuck_Angel said:
Hello All:
I would like to thanks in advance for your suggestions on solving my difficulties.

I filed Labor under Perm and got approval in Sept 05. Filed I140 and got RFE back. They are questioning on employer's ability to pay me.

My employer is a small employer (funded by VCs) started in 97. It has little less than 30 employee. It has never missed a single payrole. Since, it was never profitable, it never filed any federal taxes.
Click to expand...
But it should have definitely filed the Federal tax returns, did it?
Also, there is no documents for 'financial auditing'.

I have my W2s and pay stubs proving that i am getting decent salary, certainly more than the prevailing wage.
Click to expand...
What matters is that is it more than what is mentioned on the LC as offered wage?
Can someone suggest me what can I use as an alternate to prove the company's ability to pay me?
Click to expand...
Respond to the above questions and also read this following thread to educate yourself about A2P:
http://www.immigrationportal.com/showthread.php?t=137088
 
Hello EricS

Thanks a lot for your response.

This company has never filed Federal tax return :mad:

My pay rate is definitely higher than what's there in prevailing wage. As a matter of fact, they have even given me raise at the beginning of this year. This certainly puts me way over the wage limit.

What should be my approach to show the evidence of the 'ability to pay'?

Thanks again
 
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