2005 Consolidated Tracker (140/EAD/AP/FP/485)

EAD vs H1B!

Hi,

Since this subject has come up, could somebody give links to pros and cons of EAD status Vs H1B. I am planning to visit India in a couple of months and return to the US on AP as i cannnot get my H1B stamping done in the short time that i have. Will this be an issue? Please advise.

- Sappana
EB3 : PD:03/2001
I-140 : RD:05/26/05 ND:06/02 LUD: 11/30, RFE 12/9
 
sappana said:
Hi,

Since this subject has come up, could somebody give links to pros and cons of EAD status Vs H1B. I am planning to visit India in a couple of months and return to the US on AP as i cannnot get my H1B stamping done in the short time that i have. Will this be an issue? Please advise.

- Sappana
EB3 : PD:03/2001
I-140 : RD:05/26/05 ND:06/02 LUD: 11/30, RFE 12/9


Sappana

I am sure you can read up more but the only benefit of staying on H1-B while you have the EAD / AP is that iff your 140 is not approved you can stay on H1-b even if your 6 years are done and not lose legal status.

However, if your 485 is rejected, then you lose grounds for the 6+ yrs H1-B extensions immediately. Also there is no appeals process to a denied 485.

In your case, since you plan to reenter on AP, you are by default giving up your H1-B status.

Goodluck and have a safe and pleasant trip.
 
Kuddos !!!!!

Yes you are right ..... if nothing comes up in the next few years .... we surely want to head east .............Tried of this retrogression .... We have wasted so much money and time in this dream .......
 
Congratulations DavidChen

DavidChen said:
140 Approved. Just came back from China and got the email. :)

Congratulations! I am waiting for my turn.

EB2 RIR

Self:
140 : RD 8/18/05, ND (8/23/05), LUD (8/26/05)
1485: RD (8/18/05), ND (8/23/05), LUD (8/26/05), FP (9/14/05), LUD(11/10/2005)

Spouse:
1485: RD (8/18/05), ND (8/23/05), LUD (8/26/05), FP (9/14/05), LUD(11/10/2005)
 
Congratulations DavidChen and w8in4gc

Congratulations guys. Looks 2006 starts with good news for you.

w8in4gc said:
Received Approval email today :D Yesterday there was change in LUD. :)
 
Why don't they use email for RFE ??

I don't understand ..why does the USCIS not send an email for the whole RFE to the concerned parties. They never use any technology ever !!!
I have spent six years out here and am totally frustrated that most of my friends have made a few millions by now back home and some even better and out here we toil for the pockets of the middle men while people make mockery of the laws of this country and get a GC working in a freakin grocery store !!!
 
Congrats to DavidChen and w8in4gc on your approval of your 140. Wishing you the best in your 485. Hope 2006 will be a better year for us.

A0001 said:
One of my friend’s employer sent 140 file to VSC in this week. Any one have idea how long it will take to get her receipt and approval time frame this type of case.

Thanks,
Anita
A0001.. it all depends on luck as spidey had mentioned a few posts back. Some 140's have been approved in 2 weeks and some have been waiting for 6+ months for their approval. So no one can say exactly how long it takes.


mrr said:
what updates after FP (biometrics) done ?
Normally you will get LUD's on your 485.

Thanks.
GCVaruma.
 
Thanks

GCVARUMA said:
Congrats to DavidChen and w8in4gc on your approval of your 140. Wishing you the best in your 485. Hope 2006 will be a better year for us.


A0001.. it all depends on luck as spidey had mentioned a few posts back. Some 140's have been approved in 2 weeks and some have been waiting for 6+ months for their approval. So no one can say exactly how long it takes.



Normally you will get LUD's on your 485.

Thanks.
GCVaruma.

Thanks MD2001, GCVARUMA.

I had reservations about number of application received by VSC in the last week of Sep 2005. Since Oct 01 was start of rethrogation and there were many applicants filing their paperwork before Oc t1st deadline. In fact typically it takes only couple of days from I140 receipt date to notice date. In my case it took over two weeks that indicate tail-end load at VSC.

Seeing my approval for ND of Oct 19th is proof of VSC working and working hard to flush out application.

Good luck to you all, Keep hope.
 
w8in4gc,

I also have same ND as you i.e 10/19/05. Lets see how long it takes for my 140 approval. Your approval gives me some confidence but 140 approval track record from VSC is not consistent though.

Thx
MD2001

w8in4gc said:
Thanks MD2001, GCVARUMA.

I had reservations about number of application received by VSC in the last week of Sep 2005. Since Oct 01 was start of rethrogation and there were many applicants filing their paperwork before Oc t1st deadline. In fact typically it takes only couple of days from I140 receipt date to notice date. In my case it took over two weeks that indicate tail-end load at VSC.

Seeing my approval for ND of Oct 19th is proof of VSC working and working hard to flush out application.

Good luck to you all, Keep hope.
 
congrats to all 140 -clearers !!!!

Yup VSC is not consistent.. they probably clear off the straight-clear cut cases first and then step down to the cmplx ones.....But i see that even for sub-labor they clear fast sometimes with not even 1 RFE's.

My filing is 9/19 and LUD is 9/22 eversince its sleeping somewhere...I am not that concerned as much as we got EAD and wife started 2 work...so even if it takes a year doesnt make any big difference for me except to keep renewing ead/ap.lets c ....patience & testing times.....



MD2001 said:
w8in4gc,

I also have same ND as you i.e 10/19/05. Lets see how long it takes for my 140 approval. Your approval gives me some confidence but 140 approval track record from VSC is not consistent though.

Thx
MD2001
 
Recently got PERM approved. Havent received the certified copy in mail. Can I still file 140/485 concurrently and then send the hard copy to INS once received?
 
ajakaster Question for U

I am also waiting on my I-140 Rd 15th Sept. Couple of LUDs 12/2 12/4 that's it.
My question for U is???...

My wife also has an EAD but she is not using ..waiting for the I-140 approval. Do u know what happens to wife's status if I-140 gets denied when ead used . How complicated is the procedure to get her back on H4 or other VISA.

Thanks
 
any one applied 140 in jan 2006 in VSC?
to verify receipt RD/ND?

how long it will take get receipt?

Thanks in advance
 
RFE PAttern

We can't predict the RFE pattern of VSC.
Some days back one member of the forum put forward a pattern depending on PD.
In my comapny 10 140 filed in Sept. some with sub LC, some with PERM.
half of them got RFE ability to pay.
So we don't know the reason why June people 140 is untouched.

FYI: There is a new pattern now. INS is looking at all the 140s filed by a company to send RFE on ability to pay

For those who got RFE, I have one question. Please take time and reply.
How do we come know about the RFE. Will there be a message in the USCIS web site. or do we come to know through our employer or attorney?
 
A0001 said:
any one applied 140 in jan 2006 in VSC?
to verify receipt RD/ND?

how long it will take get receipt?

Thanks in advance

In general it takes 1 or 2 weeks to get the receipt.
But since itz 140, we don't receive anything.
Receipt will be sent to attorney and employer.
If they want to infor u they will. otherwise u don't know anything.
 
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