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

[gcbee]

Thanks ashheagde for reply.

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.

--------------------------------------
Labour Filed : May 05th 2003
Labour AD : June 2004.
140/485 concurrent filing : Nov 10th 2004.
140 Approved Dec 2004.
485 waiting for any updates
FP Done : March 30 2005.
Update on FP : April 10 2005.

 

[A0001]

HOT - 3 Year Degree successful in I-140

After I-140 denial in NSC and AAU on his education issue.

Any one reapplied I-140 in EB3 in different Service center with using different labor?

Any successful stories from other service center reapply?

Please share the experiences. Thanks in advance.

 

[YRGOPAL]

Hello Jharkhandi, United Nations and all other gurus please help...

Last night(17th Feb'06) my I-485 rejection letters( it is all because of my I-140 denial) . Still waiting for the letter from INS (do not know what it could be). I' m still suspecting whether the ORIGINAL labor is not used in this process.

What are my options at this point of time...

1. To file MTR and get the case reopened after seeing the Original denial letter from INS
2. File another 140 in EB3 category while the MTR is pending..
I do not have any H1, as I've stopped extending it since last year..

Please , please send me any info / thoughts/ suggestions in this matter...

Thanks a lot to all gurus in this matter...

My case details :
Jan 2001 Labor PD (Substitute) EB2 case
Filed 140 and 485 in Feb 2004
Got an RFE on 140 in Feb 2005 (for both ability to pay and for the original Labor copy)
My employer and the attorney (who maintains a great website ) said that they have never used this labor to anybody else...
RFE replied in June 2005
After that tons of updates on my case and my wife's case
Working on 2nd end and ready to go for 3rd EAD soon..(in another 2 months)

 

[EricS]

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

Congratulations Karunkar!
I read your post but it is not clear which 140 approved, the one that you filed on sub LC or the one for your wife that you appealed. From the heading it seems the one for your wife where you filed 290B. If that is true then you have 2 ways, A> you need to call VSC and ask your case to be reopened. B> file MTR for your 485. In the same situation I went with option A>. See my following thread for more details:
http://www.immigrationportal.com/showthread.php?t=167581

Best of luck!

 

[EricS]

Hello Jharkhandi, United Nations and all other gurus please help...

Last night(17th Feb'06) my I-485 rejection letters( it is all because of my I-140 denial) . Still waiting for the letter from INS (do not know what it could be). I' m still suspecting whether the ORIGINAL labor is not used in this process.

What are my options at this point of time...

1. To file MTR and get the case reopened after seeing the Original denial letter from INS
2. File another 140 in EB3 category while the MTR is pending..
I do not have any H1, as I've stopped extending it since last year..

Please , please send me any info / thoughts/ suggestions in this matter...

Thanks a lot to all gurus in this matter...

My case details :
Jan 2001 Labor PD (Substitute) EB2 case
Filed 140 and 485 in Feb 2004
Got an RFE on 140 in Feb 2005 (for both ability to pay and for the original Labor copy)
My employer and the attorney (who maintains a great website ) said that they have never used this labor to anybody else...
RFE replied in June 2005
After that tons of updates on my case and my wife's case
Working on 2nd end and ready to go for 3rd EAD soon..(in another 2 months)

Sorry to hear about your 140/485 denial.
First you need to see what is the reason for 140 denial. If it is for original LC not used, then where did the original go. If they applied 140 for someone and then withdrew it, then they need to show the proof for that.

If it is for the reason that USCIS did not accept their argument about A2P, then you need to do a through analysis of your company finances and appeal based on that. You already know UN, so go thru his famous Ability to pay thread and prepare yourself. Once you come to know if denial reason is A2P, then contact UN and plan what could be done.

I just noticed that you said RFE received FEB and replied June. If it came end of FEB and replied 1st june, then it might be within 90 days, are you sure they replied within 90 days?

One more thought, as your 485 is denied, your EAD is not valid anymore so should stop working otherwise this could be work without authorization. I know it is difficult to stop working but you may not have any other choice.

You have asked about 2 options 1> MTR 2> file new 140. These 2 are not mutually exclusive, you should do both.

Keep us posted when you/employer get the 140 denial notice.
Best of luck!

 

[YRGOPAL]

Thanks for the expeditious reply

Hello Eric

Thanks a lot for the quick reply.

I looked at my I-140 RFE, it came in March and they have replied in time. Sorry for that.

Regarding those 2 options.

Since I've filed my case in EB2 earlier, do I have to file again in EB2 or can I go ahead and file in EB3, in either case we need to refer the previous 140, right?. If my 2nd 140 is approved by gods grace, do i have to file my 485 for me and for my wife again? I'm sure the moment I see the denial letter tomorrow, I will start my paper work for MTR (290B).

I'm planning not to take salary from my employer for next month, hope that would solve my problem of not working till my MTR is filed, if I take off from the work for sure I would loose the job.

I will keep you posted any updates from now onwards. Once again thanks a lot for all of you for all the help you are doing to other fellow citizens. I can never forget it.

Gopal

 

[EricS]

Hello Eric

Thanks a lot for the quick reply.

I looked at my I-140 RFE, it came in March and they have replied in time. Sorry for that.

Regarding those 2 options.

Since I've filed my case in EB2 earlier, do I have to file again in EB2 or can I go ahead and file in EB3, in either case we need to refer the previous 140, right?.

You can file new 140 in EB3. You will need to mention about first 140. Serach for posts by user 'Lohit', I think he also applied for new 140 when his appeal was pending or dismissed. See this thread:
http://www.immigrationportal.com/showthread.php?t=166519

If my 2nd 140 is approved by gods grace, do i have to file my 485 for me and for my wife again?

If you file your new 140 now, you can ask your existing 485s to be attached to your new 140. Not sure about the timing, I think you can do so within 30 days of denial of 140 and 485. You do not need to wait for 2nd 140 to be approved to do this interfiling. If you are also going to appeal the existing 140, then it may be better to wait to do the interfiling, talk to a lawyer to make sure.

I'm sure the moment I see the denial letter tomorrow, I will start my paper work for MTR (290B).

I'm planning not to take salary from my employer for next month, hope that would solve my problem of not working till my MTR is filed, if I take off from the work for sure I would loose the job.

I will keep you posted any updates from now onwards. Once again thanks a lot for all of you for all the help you are doing to other fellow citizens. I can never forget it.

Gopal

 

[karurama]

Thanks Eric.

Yes you are right Eric,MY wife's application got reopened and immediately approved.Both my wife and daughters 485 applications got reopnd .Mine not yet, and when I called VSC , they said it is under officer review,it will take 30 to 60 dasys.

1 .Is it advisible to file 290B for 485.

2.Do we need to wait 180 days after approval to change employer?or can we change after 180 of I485 filing.( We applied on Seo 2004)

Regards,
Karunakar

Congratulations Karunkar!
I read your post but it is not clear which 140 approved, the one that you filed on sub LC or the one for your wife that you appealed. From the heading it seems the one for your wife where you filed 290B. If that is true then you have 2 ways, A> you need to call VSC and ask your case to be reopened. B> file MTR for your 485. In the same situation I went with option A>. See my following thread for more details:
http://www.immigrationportal.com/showthread.php?t=167581

Best of luck!

 

[floyd777]

I know there is a lot of confusion regarding this but my lawyer who is the owner of this portal said very clearly that you can re-enter on AP and still have valid H1B and the only way you can get onto non-H1B status is when you ask your employer to update their records and have them use a new I-9 form. I suggest all of you contact the attorneys running this portal and talk to them personally. I think I am going to go by what I have been advised but will still investigate further.

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.

 

[ashhegde]

I know there is a lot of confusion regarding this but my lawyer who is the owner of this portal said very clearly that you can re-enter on AP and still have valid H1B and the only way you can get onto non-H1B status is when you ask your employer to update their records and have them use a new I-9 form. I suggest all of you contact the attorneys running this portal and talk to them personally. I think I am going to go by what I have been advised but will still investigate further.

There you go floyd, thats probably the catch. If you dont fill an I9 form then you are ok and can consider to be still in the H1B. BUT sometimes your company's HR may want to keep for records the I9 form to avoid any legal issues with USCIS, where you may end up out of status.
I think there is always means of getting around the USCIS unrealistic rules. If only they had just processed the GC's fast enough then we would all be more happier, right

 

[Nkelkar]

I have been quiet on this forum for a while, Since all I am waiting for is the PD to go past Oct 3, 2001.

Reading the earlier posts, I am sure that the once you enter the country on an AP then your H-1 is no longer valid.
This is know as the last action taken rule. The last action taken on your case then is that you excercised your AP, which means the H-1 is no longer valid.

 

[RLNY122004]

Just want to keep forum informed ....

As per the online status our case was transferrd to Boston local office on 10/18/2005 .But last week we received the FP notice & interview notice from NYC office . We have completed our FP in New Rochelle NY ASC on 02/21/2006 and will be attanding the interview in first week of April.

 

[EricS]

Yes you are right Eric,MY wife's application got reopened and immediately approved.Both my wife and daughters 485 applications got reopnd .Mine not yet, and when I called VSC , they said it is under officer review,it will take 30 to 60 dasys.

1 .Is it advisible to file 290B for 485.

It is your personal choice, I just kept bugging them and finally they reopened the dependent case, see the thread that I mentioned. Some people say it is better to apply separate 290B for dependent 485 also, so you decide.

2.Do we need to wait 180 days after approval to change employer?or can we change after 180 of I485 filing.( We applied on Seo 2004)

Regards,
Karunakar

The AC21 rule applies before 485 approval and that says your 485 should be applied > 180 days earlier and then you can change job.... Now as your wife's 485 is approved, it is recommended that after approval you stay with the same employer for 6 months to a year but it is not required. There has been a lot of debate on this, search Life after Green card forum and you will find lots of info on this.

 

[vicky007]

Just want to keep forum informed ....

As per the online status our case was transferrd to Boston local office on 10/18/2005 .But last week we received the FP notice & interview notice from NYC office . We have completed our FP in New Rochelle NY ASC on 02/21/2006 and will be attanding the interview in first week of April.

Congratulations RLNY12004.

But i am confused, With the EB-3 having Retrogressed to May 2001, can the USCIS make a decision on this case(PD of Jan 2003)? I thought they would Process the cases only when the Processing Dates reach the current date which for this case would be Jan 2003.Am i missing something here Eric and other Gurus please reply.

 

[smbasha]

I-485 Approved

Hello Everyone,

I got approved my I-485 today. I am a silent viwer on this forum for long time, I learned lot of things, thanks to everyone on this forum to share their expriences and knowledge.

Let me know if you have any question on my case.
I will pray for everyone's number come soon.

EricS & all experts, I have couple of questions:
1. My wife's I-485 not approved yet, do you know how long it will take?
2. Once I received the approval documents from INS, do I have to stamp my passport? If yes, What are the documents I have to collect for stamping?
3. My DL (driver's license) is from different state, do I need to have the local DL at the time of stamping?

_________________________________________________________________
EB3 - India,
PD: July-1999
140: RD 09/22/04, ND 09/28/04, AD: 05/25/05

Self and Spouse
EAD/AP/485: RD 09/22/05, ND 09/28/04
EAD: AD: 10/22/04
AP: AD: 10/26/04
FP: Scheduled on 05/10/05, Completed on 05/10/05
485: LUD 05/12/05, 10/11/05, 12/25/05, 01/31/06, AD:02/23/06

 

[A0001]

now a days No stamping....Direct card order. It's happend for last week cases.

Hello Everyone,

I got approved my I-485 today. I am a silent viwer on this forum for long time, I learned lot of things, thanks to everyone on this forum to share their expriences and knowledge.

Let me know if you have any question on my case.
I will pray for everyone's number come soon.

EricS & all experts, I have couple of questions:
1. My wife's I-485 not approved yet, do you know how long it will take?
2. Once I received the approval documents from INS, do I have to stamp my passport? If yes, What are the documents I have to collect for stamping?
3. My DL (driver's license) is from different state, do I need to have the local DL at the time of stamping?

_________________________________________________________________
EB3 - India,
PD: July-1999
140: RD 09/22/04, ND 09/28/04, AD: 05/25/05

Self and Spouse
EAD/AP/485: RD 09/22/05, ND 09/28/04
EAD: AD: 10/22/04
AP: AD: 10/26/04
FP: Scheduled on 05/10/05, Completed on 05/10/05
485: LUD 05/12/05, 10/11/05, 12/25/05, 01/31/06, AD:02/23/06

 

[EricS]

Congratulations RLNY12004.

But i am confused, With the EB-3 having Retrogressed to May 2001, can the USCIS make a decision on this case(PD of Jan 2003)? I thought they would Process the cases only when the Processing Dates reach the current date which for this case would be Jan 2003.Am i missing something here Eric and other Gurus please reply.

The approval of the case depends on PD, but not the processing. The local office may keep their case ready in all other respects so that it can be approved once PD is current. The FP/interview can happen, but untill the PD become current, there will be no stamping or GC. However lately I have read in the forum that some odd cases did get approved without PD being current. My guess about those cases is that may be they were not EB3, but EB2 and the applicant did not know.

RLNY122004, best of luck for the interview and keep your fingers crossed, may be you will get the PP stamping also!

 

[EricS]

Hello Everyone,

I got approved my I-485 today. I am a silent viwer on this forum for long time, I learned lot of things, thanks to everyone on this forum to share their expriences and knowledge.

Let me know if you have any question on my case.
I will pray for everyone's number come soon.

EricS & all experts, I have couple of questions:
1. My wife's I-485 not approved yet, do you know how long it will take?
2. Once I received the approval documents from INS, do I have to stamp my passport? If yes, What are the documents I have to collect for stamping?
3. My DL (driver's license) is from different state, do I need to have the local DL at the time of stamping?

_________________________________________________________________
EB3 - India,
PD: July-1999
140: RD 09/22/04, ND 09/28/04, AD: 05/25/05

Self and Spouse
EAD/AP/485: RD 09/22/05, ND 09/28/04
EAD: AD: 10/22/04
AP: AD: 10/26/04
FP: Scheduled on 05/10/05, Completed on 05/10/05
485: LUD 05/12/05, 10/11/05, 12/25/05, 01/31/06, AD:02/23/06

Congratulations on your 485 approval!

As A0001 has mentioned, most probably you will not need to go for stamping. What was your FP code, was it 3 for FP and Biometrics?

As far your wife's case, general trend is that dependent case get approved within couple of weeks (even days) to 3 months, but there have been cases where dependent case was delayed much more than that.

As for the DL, my wife also had a out of state DL and she did not have any problem while PP stamping, but it really depends on the officer who is stamping the PP.

 

[RLNY122004]

EricS, Thanks. I am following this thread since Jan 2005 and will keep the forum informed.

The approval of the case depends on PD, but not the processing. The local office may keep their case ready in all other respects so that it can be approved once PD is current. The FP/interview can happen, but untill the PD become current, there will be no stamping or GC. However lately I have read in the forum that some odd cases did get approved without PD being current. My guess about those cases is that may be they were not EB3, but EB2 and the applicant did not know.

RLNY122004, best of luck for the interview and keep your fingers crossed, may be you will get the PP stamping also!

 

[july022004]

floyd777 is right. You can use AP for travel and still be on H1. I am on the 7th year extension but I have used AP three times for travel. I have verified this from more than one source.

Gcbee, your wife can take up a new job using her EAD. She will have to fill a I-9 form when switching and indicate she is using an EAD. That is the point when her H1B status becomes invalid.

But just using AP does not invalidate H1/H4 status.

I have been quiet on this forum for a while, Since all I am waiting for is the PD to go past Oct 3, 2001.

Reading the earlier posts, I am sure that the once you enter the country on an AP then your H-1 is no longer valid.
This is know as the last action taken rule. The last action taken on your case then is that you excercised your AP, which means the H-1 is no longer valid.