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

looks like dates are moving without approvels. maybe they will release bunch of approvels anytime

tsr1974 said:
I see PD moved from Jan 1st 2001 to Aug 1st 2001 in Feb bulletin. Were there any approvals in Jan whose PD is before Jan 1st 2001 & waiting for Name Check?.

Can we keep hope? Or dates are moving with out any approvals?

Thanks
Click to expand...
 
Hi,
I got my Second EAD/AP and i am planning to Travel by using my AP
Could some please let me know, what are the documents that i need to Carry to come back here.
Is it fine to travel on AP( I am still with the same Employer who filed my GC)
I have H1 but Stamp is not present on Passport for this New H1.
I am going for a week trip.

Please provide me your feed back


Thanks,
Nivasch
 
Last edited by a moderator:
HI all

I have an important question.

I received my 2nd EAD and AP. and it is valid untill dec 06

my question is i am planning to go to INDIA and coz of some reasons i have to stay there for at least 3-4 months. will there be any problem if i stay there for so many months and i have heard that aperson on AP will not be able to stay no longer than 6 months .if so please reply me

My PD=2003
EAD ,AP, and I-140 and fingerprinting all are over
thanks a lot
 
tsr1974 said:
I see PD moved from Jan 1st 2001 to Aug 1st 2001 in Feb bulletin. Were there any approvals in Jan whose PD is before Jan 1st 2001 & waiting for Name Check?.

Can we keep hope? Or dates are moving with out any approvals?

Thanks
Click to expand...


There is one approval .
http://boards.immigrationportal.com/showthread.php?t=154772&page=176&pp=15

Originally Posted by Lucky0ne
I have been silent reader of this forum. Thanks to all for providing useful info

I finnnnnnnnnnnnnnnaaaaaaaaaaaaallllllllllllllllllll yyyyyyyyyyyyyy got approved and now out of tunnel.

Approved on 2/6/2006

Good luck to all of you waiting and I hope everyone gets it very soon, I know the pain..
 
tsr1974 said:
I see PD moved from Jan 1st 2001 to Aug 1st 2001 in Feb bulletin. Were there any approvals in Jan whose PD is before Jan 1st 2001 & waiting for Name Check?.

Can we keep hope? Or dates are moving with out any approvals?

Thanks
Click to expand...
There is one

http://boards.immigrationportal.com/showthread.php?t=154772&page=176&pp=15
Originally Posted by Lucky0ne
I have been silent reader of this forum. Thanks to all for providing useful info

I finnnnnnnnnnnnnnnaaaaaaaaaaaaallllllllllllllllllll yyyyyyyyyyyyyy got approved and now out of tunnel.

Approved on 2/6/2006

Good luck to all of you waiting and I hope everyone gets it very soon, I know the pain
 
Experts please comment on this.

********* Message to my Attorney From Me (Begin)*******************
My EAD is getting expired on March 3rd 2006. And I applied for Renewal on Jan 10th 2006.
My H1B is getting expired on Feb' 19th 2006. And, applying for the renewal.
My Advance Payroll is getting expired on March 31st 2006.

Now I am want know, Is it safe to take vacation to go India in March 2006 for two weeks (If I don't have valid h1/ead both will be pending for renewal). I talked with couple of people, some said yes, no, might be ok. Please let me know your comments on this.
********* Message to my Attorney From Me (END)*******************

**********Attorney Replied to Me as belwo (Begin) *****************
If you travel while the H-1B is pending then you will have to re-enter on the AP. Once you enter on the AP you will no longer be on H-1B status. I always recommend that you maintain H-1B and avoid AP unless absolutely necessary till you get the GC. Once you enter on AP you no longer have the H-1B to fall back on should there be an issue with the GC.

EAD is required only to work...again working on EAD means you are no longer on H-1B. EAD renewal has no impact on travel. It only affects ability to work.

I recommend waiting for the H-1B approval and then travel so that you can get the H-1B stamped as well. If you are traveling for a family emergency then keep in mind that you will need to enter BEFORE the AP expires and thereafter you are on AP status and the risk is yours to bear.
**********Attorney Replied to Me as belwo (End) *****************

What I understood was if I go to India and come back on AP after I reach here I may not work on H1B. I have to work on EAD. By the time I reach US both my H1B and EAD will be on pending for renewal. Is it possible to work on EAD when it was pending for renewal.

Will the above will be same for my Wife also?

Please let me know your comments.

Thanks

<GCBee />
 
looks like they are movng the priority dates, but no approvels yet. EB2 moved to Jan 2002. but somany people with 2001 PDs waiting. I have few friends with June, July 2001 PDs. still they are waiting.. not sure whats going on with uscis.




gcbee said:
Good to hear that.

This gives me some hope.
Click to expand...
 
Last edited by a moderator:
My Priority date is March 2001, EB2 and am still waiting. Yesterday I called VSC Customer Service and spoke to a lady enquiring about my status.

Per her the case is currently in the 485 department waiting to be processed, apparently they have a huge backlog of 485 cases filed from June 2004 and I should give it another 30-60 days before I hear a decision.



NYdeal said:
looks like they are movng the priority dates, but no approvels yet. EB2 moved to Jan 2002. but somany people with 2001 PDs waiting. I have few friends with June, July 2001 PDs. still they are waiting.. not sure whats going on with uscis.
Click to expand...
 
gcbee said:
********* Message to my Attorney From Me (Begin)*******************
My EAD is getting expired on March 3rd 2006. And I applied for Renewal on Jan 10th 2006.
My H1B is getting expired on Feb' 19th 2006. And, applying for the renewal.
My Advance Payroll is getting expired on March 31st 2006.

Now I am want know, Is it safe to take vacation to go India in March 2006 for two weeks (If I don't have valid h1/ead both will be pending for renewal). I talked with couple of people, some said yes, no, might be ok. Please let me know your comments on this.

Thanks

<GCBee />
Click to expand...

gcbee,

My Attorney suggested the same and we had to get a special appointment for the visa interview at the consulate in India to get my H1 stamp. The problem here is if you use AP, then your H1 is not valid anymore. To work you will need EAD,, which means your stay in US is now valid only until your 485 processing is open. Once the decision on your 485 is made, you stay then is based on that decision. If approved you have a GC if not you are out of status from that very moment. This is the reason Attroney's suggest you to use H1 so that god forbid, anything goes wrong, you can still stay in US and they can still look for any legal options to get it approved.

As long as the day you are reentering back into US and your AP is still valid, they will let you back in. There is no issue with that. I know many who have had this same situation and are back in US.

If your H1 renewal is for the 7 th or 8 th etc year then it doesnt matter. But if it is still in the original 6 year time frame, I would wait to travel and get a H1 stamp in a consulate.

Just my view.
 
Thanks ashhegde,

I am postponing my trip to India. I will wait until, I get the H1B for 8th year. Thanks for your view, which will be a great input for me.

You are almost near to the current date. I wish you best of luck.

GCBee

ashhegde said:
gcbee,

My Attorney suggested the same and we had to get a special appointment for the visa interview at the consulate in India to get my H1 stamp. The problem here is if you use AP, then your H1 is not valid anymore. To work you will need EAD,, which means your stay in US is now valid only until your 485 processing is open. Once the decision on your 485 is made, you stay then is based on that decision. If approved you have a GC if not you are out of status from that very moment. This is the reason Attroney's suggest you to use H1 so that god forbid, anything goes wrong, you can still stay in US and they can still look for any legal options to get it approved.

As long as the day you are reentering back into US and your AP is still valid, they will let you back in. There is no issue with that. I know many who have had this same situation and are back in US.

If your H1 renewal is for the 7 th or 8 th etc year then it doesnt matter. But if it is still in the original 6 year time frame, I would wait to travel and get a H1 stamp in a consulate.

Just my view.
Click to expand...
 
gcbee said:
Thanks ashhegde,

I am postponing my trip to India. I will wait until, I get the H1B for 8th year. Thanks for your view, which will be a great input for me.

You are almost near to the current date. I wish you best of luck.

GCBee
Click to expand...
Thanks gcbee, I guess everyone in here need some luck.
Hopefully all the dates they put in the bulletin and the Vermont Centers processing dates are somewhat true. So that considering the speed at which they are moving the past 3 months, most of us here should be having a result in another 6 months or so. Well hope is all I have, been waiting 4 years now, another month or two will not kill me :).
 
Finally I-140 got approved after 290B filed

Hi All,

First I have to say heartfelt thanks and regards to our gurus like JK, EricS etc.

Let me tell the whole story once again since it is long back.

I am about to finsh sixth year H1 and applied for 7th year extension and got lay off ( asked to go six months leave or go back to India and work)

Mean time My wife's labor got approved and I applied 7th year h1 with some other company based on my Labor pending with old company.
We all family applied I140 and I-485 together on Sep 1st 2004.But unfortunately my wife's I-140 got denied without any RFE saying that in Education evaluation they used the word "Substantially" equivalent to BS in Computer science.

I got Education evaluation from Truste forte and submitted on May 3rd of 2005.

We received the receipt and says that 30 to 180 days will take to process such cases.But no update even after 180 days.

Finally I got preapproved labor and applied one more set on Aug 1st 2005 both I140 and I485 together. I called VSC directly, they said all these days that officer will take decision any time.

But fortunately on Dec 1st one gentle women told that physical file was not found, requested for file. And also asked to call after 30days if nothing hear from them
Then again I called on Feb 2nd, the agent told me that file was found and week back placed in officers folder.And again he asked call after 30days if nothing hear.

Finally it got approved by God grace and my wife's and daughter's I-485 were opened to process.But mine was not yet opned.Don't know the reason.I asked my attorney to call and initiate.But when they do God only knows...

Eric any suggestions ?

Thanks all of you and now waiting for I-485 approval.

Regards
Karunkar
 
That is not true. You can re-enter the US on AP and still maintain H1B. EAD switch happens only if you fill out an I-9 form. Please make sure you are checking with lawyers. I have double checked with one of the most reputed lawyers (sponsors of this forum) and they said no problem. Only thing is that the I-94 they issue with re entry on AP will not matter, the date on the I-94 of your H1B is your validity date. Please check so you don't have to go through the hassle of visa appointments.

ashhegde said:
gcbee,

My Attorney suggested the same and we had to get a special appointment for the visa interview at the consulate in India to get my H1 stamp. The problem here is if you use AP, then your H1 is not valid anymore. To work you will need EAD,, which means your stay in US is now valid only until your 485 processing is open. Once the decision on your 485 is made, you stay then is based on that decision. If approved you have a GC if not you are out of status from that very moment. This is the reason Attroney's suggest you to use H1 so that god forbid, anything goes wrong, you can still stay in US and they can still look for any legal options to get it approved.

As long as the day you are reentering back into US and your AP is still valid, they will let you back in. There is no issue with that. I know many who have had this same situation and are back in US.

If your H1 renewal is for the 7 th or 8 th etc year then it doesnt matter. But if it is still in the original 6 year time frame, I would wait to travel and get a H1 stamp in a consulate.

Just my view.
Click to expand...
 
Floyd777 - why to fill I-9 form :confused: . More over I saw in some sites that need to be filled by employer not by us. And when I talked with my lawer they said if travel on A.P, I cannot fall back on H1B (See my previous posting for details).

I want to know one more thing from gurus. My 485 was filed on my name (primary benificiary) and my wife as dependent. Me and my wife still working on H1B. Is it ok if my wife switch to EAD and take permanent position. Can I still work on the H1B and maintain that status for me on H1B.

And also, while my wife is working on EAD, do I need to apply the EAD extention for both or if I just apply for her EAD extention is it ok. Or do I need to apply for me also as well.

Any input would be great.

floyd777 said:
That is not true. You can re-enter the US on AP and still maintain H1B. EAD switch happens only if you fill out an I-9 form. Please make sure you are checking with lawyers. I have double checked with one of the most reputed lawyers (sponsors of this forum) and they said no problem. Only thing is that the I-94 they issue with re entry on AP will not matter, the date on the I-94 of your H1B is your validity date. Please check so you don't have to go through the hassle of visa appointments.
Click to expand...
 
floyd777 said:
That is not true. You can re-enter the US on AP and still maintain H1B. EAD switch happens only if you fill out an I-9 form. Please make sure you are checking with lawyers. I have double checked with one of the most reputed lawyers (sponsors of this forum) and they said no problem. Only thing is that the I-94 they issue with re entry on AP will not matter, the date on the I-94 of your H1B is your validity date. Please check so you don't have to go through the hassle of visa appointments.
Click to expand...

If at any time a new I-94 is issued, all the other I-94's are invalid, the whole point of giving a new I-94 is that you can stay in US until the date specified. I still doubt that on using AP, H1B is still valid. BUT I could be wrong too, my attorney says H1B becomes invalid.
 
gcbee said:
Floyd777 - why to fill I-9 form :confused: . More over I saw in some sites that need to be filled by employer not by us. And when I talked with my lawer they said if travel on A.P, I cannot fall back on H1B (See my previous posting for details).

I want to know one more thing from gurus. My 485 was filed on my name (primary benificiary) and my wife as dependent. Me and my wife still working on H1B. Is it ok if my wife switch to EAD and take permanent position. Can I still work on the H1B and maintain that status for me on H1B.

And also, while my wife is working on EAD, do I need to apply the EAD extention for both or if I just apply for her EAD extention is it ok. Or do I need to apply for me also as well.

Any input would be great.
Click to expand...

I am exactly in the same position as you are, my wife had H1B, now is working on EAD, got her EAD renewed. BUT I did not renew mine as I had H1B stamp, didnt think it was neccessary and neither did my attorney object to it.
Point is both of us need to be working with some or the other legal way and we are. Its faster to get a EAD renewed.
 
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