2005 Concurrent filers - Discuss here

WhyThisDelay said:
dcmetro.

My gut feeling tells me that since your 485 application is considered pending, they will not revoke your EAD/AP. Think about all the people in EB3 category with PD of 2001-2002 - they filed 485 & got EAD. Now due to retrogression the dates for their category are at 1998 - it does not mean that their EADs got revoked. I have a friend in exactly similar situation.

Having said that - I'm myself not 100% sure on this. You may wanna post your question in this forum which has more traffic and some really knowledgeable people - http://www.immigrationportal.com/showthread.php?p=1281763#post1281763

Of course - do ask your lawyer too.

Best of luck
Click to expand...

But the difference in my case is that the 140 we filed was EB2. And if they do not simply convert the EB2 to EB3, would they not expect us to re-file thereby taking out the benefits of 485? Or can they re-link my new 140 (if it needs to be filed) to the current 485? Can you please provide me more details about your friend's case?
 
dcMetro.

I saw gp111 replied to your question in the other forum.

He's a great resource and his knowledge in these matters is really great (he has a lot of employees reporting to him, that is why he knows all these laws). If he is saying that you can link your EB3 140 application to existing 485 - that probably would be true.

If you want to dig further into this, you should ask him for "official" govt documents/faqs where this rule is explained, or try to find it yourself on uscis site. This is the best you can do, besides asking your lawyer.

dcmetro22042 said:
But the difference in my case is that the 140 we filed was EB2. And if they do not simply convert the EB2 to EB3, would they not expect us to re-file thereby taking out the benefits of 485? Or can they re-link my new 140 (if it needs to be filed) to the current 485? Can you please provide me more details about your friend's case?
Click to expand...
 
ajoo is correct.
Check http://www.aila.org around the 1st and 15th of every month for the latest NSC processing time update. The one posted on the Govt. website (which updates once a month) is typically the update that comes around the 15th.
 
Question on I40 and 485 LUD Change

NSC EB2

140- RD 9/26/05, ND-9/28/05, LUD-10/24/05 (Me) - No Msg chg
485- RD 9/26/05, ND-9/28/05, LUD-10/24/05 (Me & Spouse) - No Msg chg
131- RD 9/26/05, ND-9/28/05, LUD- (Me & Spouse)
765- RD 9/26/05, ND-9/28/05, LUD- (Me & Spouse)

LUD changed on both 140 and 485 but not EAD and AP. Can any of you please explain what it means?

Thank you!
 
Today I got an email that AP was approved as well. Sadly it might be a moot point again for me as I am hearing that 140 RFE expects me to convert EB2 to EB3 which would make both EAD and AP useless for me :(
 
I-140 approved

Hi,

I checked on the USCIS web site and my EB2, I-140 has been approved on 25th. Waiting for my Lawyer to receive the hard copy. My lawyer tells :) me that they will process the EAD/AP soon
And the long wait for the I-485 begins

Cheers
Higcoptimist

I-140/485/AP/EAD sent date Sept 26th
I-140/485/AP/EAD RD Sept 27th
I-140/485/AP/EAD ND Oct 5th
I-140 AD Oct 25th
EAD ??
AP ??
I-485 ??
 
Congratulations. Surprised that NSC which was taking so long just few months back, could be so efficient. Whatever they did, glad its done and we don't need to wait. Hopefully similar changes will be done for I485 and our papers will be approved as soon as the Visa numbers are available.



higcoptimist said:
Hi,

I checked on the USCIS web site and my EB2, I-140 has been approved on 25th. Waiting for my Lawyer to receive the hard copy. My lawyer tells :) me that they will process the EAD/AP soon
And the long wait for the I-485 begins

Cheers
Higcoptimist

I-140/485/AP/EAD sent date Sept 26th
I-140/485/AP/EAD RD Sept 27th
I-140/485/AP/EAD ND Oct 5th
I-140 AD Oct 25th
EAD ??
AP ??
I-485 ??
Click to expand...
 
higcoptimist said:
Hi,

I checked on the USCIS web site and my EB2, I-140 has been approved on 25th. Waiting for my Lawyer to receive the hard copy. My lawyer tells :) me that they will process the EAD/AP soon
And the long wait for the I-485 begins

Cheers
Higcoptimist

I-140/485/AP/EAD sent date Sept 26th
I-140/485/AP/EAD RD Sept 27th
I-140/485/AP/EAD ND Oct 5th
I-140 AD Oct 25th
EAD ??
AP ??
I-485 ??
Click to expand...

I am new to this forum but I have a query. First congrats for your approval in such a short period of time. I also sent my application in EB1-2 which was received by INS on Sept 29th. I have not heard anything except for the LIN number but when I looked at the processing time they are just processing from Sept 1st so are those dates wrong.


I had to apply as my husband's application is still pending with INS after sending in RFE reply more than 2 months back.
thanks
 
The dates are not wrong - it's just that they are about 2 weeks obsolete, and in these 2 weeks, NSC moved about a month.

If you have your LIN#, you should create account with uscis online and check your status online.

olympics2008 said:
I am new to this forum but I have a query. First congrats for your approval in such a short period of time. I also sent my application in EB1-2 which was received by INS on Sept 29th. I have not heard anything except for the LIN number but when I looked at the processing time they are just processing from Sept 1st so are those dates wrong.


I had to apply as my husband's application is still pending with INS after sending in RFE reply more than 2 months back.
thanks
Click to expand...
 
By reading in some of the other forums, when both of them change, it might mean that the 140 got denied. But the key word here is "might".

What does your uscis online account say about the status information on 140/485?

Manmadh said:
NSC EB2

140- RD 9/26/05, ND-9/28/05, LUD-10/24/05 (Me) - No Msg chg
485- RD 9/26/05, ND-9/28/05, LUD-10/24/05 (Me & Spouse) - No Msg chg
131- RD 9/26/05, ND-9/28/05, LUD- (Me & Spouse)
765- RD 9/26/05, ND-9/28/05, LUD- (Me & Spouse)

LUD changed on both 140 and 485 but not EAD and AP. Can any of you please explain what it means?

Thank you!
Click to expand...
 
WhyThisDelay said:
The dates are not wrong - it's just that they are about 2 weeks obsolete, and in these 2 weeks, NSC moved about a month.

If you have your LIN#, you should create account with uscis online and check your status online.
Click to expand...

I have an account at the website and online status shows no change. It is a really early for me to start getting worried but I was just curious since higcoptimist got an answer so fast.
 
Guys: Now I have details about my RFE. Unfortunately my worst fears have come true. USCIS wrote a reply saying that "your Labor mentions BS + 4 or Masters +2 as experience. We are going to assume BS+ 4 which is EB3. If you want to proceed, let us know". So we have no choice but to proceed with EB3.
All I am going to hope & pray for is a mircale now that they do not send back the 485 papers. And not loose the EAD, AP and FP notices that I have already received. Other than that, I shall be waiting for an immigration reform to make EB3 to file for 485! :(
 
dcmetro

It appears that your lawyer screwed up your case. What a moron lawyer, to put BS + 4 years - why didnt he put BS + 5 years in LC job requirements.

Is this your own LC or substitute LC?

dcmetro22042 said:
Guys: Now I have details about my RFE. Unfortunately my worst fears have come true. USCIS wrote a reply saying that "your Labor mentions BS + 4 or Masters +2 as experience. We are going to assume BS+ 4 which is EB3. If you want to proceed, let us know". So we have no choice but to proceed with EB3.
All I am going to hope & pray for is a mircale now that they do not send back the 485 papers. And not loose the EAD, AP and FP notices that I have already received. Other than that, I shall be waiting for an immigration reform to make EB3 to file for 485! :(
Click to expand...
 
h1b2ndterm said:
Congratulations. Surprised that NSC which was taking so long just few months back, could be so efficient. Whatever they did, glad its done and we don't need to wait. Hopefully similar changes will be done for I485 and our papers will be approved as soon as the Visa numbers are available.
Click to expand...

Hi,

Today, I received the Biometric notice and my lawyer received the FP notice for me and my family. That means the Biometric notices for my family is on the way. Looks like the I 485's initial processing has commenced, though it is in regression.
Since they (I-145 adjucating personnel) are not busy adjugating the petitions, they are going ahead and processing the FP, Biometrics and other connected requirements. Once the Visa numbers become available, they could adjugate the application without further delay.

Let us hope new numbers (per the proposed legislation) are added and the
the backlog addressed soon.

Wish you all the very best

Cheers
Higcoptimist
 
Throw some light

My current I-94 is going to expire on 11/14/2005. Infact we already filed my I-485 (EB-2 category) jointly with my housand's application on last month 28th. we heard from lawyer that he received receipt date on 10/24/2005. As per my husband's company HR,there is no need to go for H4 visa extension as we already got receipt date from USCIS. Is it true? Any help would be appreciated.
 
H1 extension, and H1 visa expiry dates (I94 stamp) are two different things. You would still need the H1 extension to be able to work. But you dont need the visa stamp, unless you are planning to go outside US.

In case you are planning to go outside US, you can wait for the Advance parole and use that as travelling document, rather than the visa stamp on your passport. BUT once you use AP, the non-working spouse will get out of status, if for whatever reason the working spouse becomes unemployed. There is a 10-14 day grace period, during which you have to go outside US, to reconvert to H4 status.


johny74 said:
My current I-94 is going to expire on 11/14/2005. Infact we already filed my I-485 (EB-2 category) jointly with my housand's application on last month 28th. we heard from lawyer that he received receipt date on 10/24/2005. As per my husband's company HR,there is no need to go for H4 visa extension as we already got receipt date from USCIS. Is it true? Any help would be appreciated.
Click to expand...
 
You must log in or register to reply here.
Top