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

sappana said:
Hi Ajit,

Have you used AC21 already? there is a chance of your H1B becoming void when used with AC21 if your I485 is rejected. You may check with lawyer or others in the forum.

All the best,

-Sappana
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Hi Sappana,

I haven't used AC21 so far. My 485 is pending for the last 6 months. I have an EAD.

I want to apply for Advance Parole & if required , H1B extension for 3 years ( under AC21 ). I have got different opinions on extending the H1B for 3 years under AC21. Some say that it is not required since I have EAD. Some say it is better to do so, since in an event where my 485 is rejected , I will remain in legal status and can file an appeal. If I am just on EAD , then I will have to leave US immediately. i am still not sure.

-Ajit
 
HK_HR said:
Hi Sappana,

I haven't used AC21 so far. My 485 is pending for the last 6 months. I have an EAD.

I want to apply for Advance Parole & if required , H1B extension for 3 years ( under AC21 ). I have got different opinions on extending the H1B for 3 years under AC21. Some say that it is not required since I have EAD. Some say it is better to do so, since in an event where my 485 is rejected , I will remain in legal status and can file an appeal. If I am just on EAD , then I will have to leave US immediately. i am still not sure.

-Ajit
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Ajit

No opinion but here's how that works.
You can get the EAD and AP and H1B but the minute you use either your EAD or your AP your H1B becomes invalid. So if you intend to stay on H1B dont waste your time and money on the EAD / AP and vice versa.
 
H-1 / L-1, EAD and Advance Parole

spidey said:
Ajit

No opinion but here's how that works.
You can get the EAD and AP and H1B but the minute you use either your EAD or your AP your H1B becomes invalid. So if you intend to stay on H1B dont waste your time and money on the EAD / AP and vice versa.
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EAD - Only you and your employer knows that you are on H1 / EAD, you need to fill a form and send it to your employer he just keep it in his file that is it. No one else know. If you don't work for another company your H1 wouldn't be any problem. You will get 3 year H1.

AP - you can use it for travel, that will never stop you extending your H1.
I used my AP twice and after 5 months applied for H1 and got approved for 3 years.


One most importtant thing when you are on a adjustment status, Even you have H1 valid stamping- you should travel out side country with AP only" you know what is parole meant for.It was not appicable for H1 in olden days. but

nowadays some officers asking for that. for more detail refer.

http://www.murthy.com/news/UDnewins.html

I am a software engineer - not a lawyer.
I take no responsibility for accuracy of information provided. Please use at your own risk.
 
Hello everyone. I have been quietly following the forum and waiting for my 485. I have a question for you: my ND is 4/6/05 and the last processing date posted today by VSC is April 30th, 2005. Yet my LUD has been stuck at 1/10/06. What should I do since the VSC date is about 3 weeks past my ND? Can I call for an inquiry? Where?

Your help and advice would be very much appreciated. More info on my case in my signature...

Thanks !!!
 
karatekid said:
Hello everyone. I have been quietly following the forum and waiting for my 485. I have a question for you: my ND is 4/6/05 and the last processing date posted today by VSC is April 30th, 2005. Yet my LUD has been stuck at 1/10/06. What should I do since the VSC date is about 3 weeks past my ND? Can I call for an inquiry? Where?

Your help and advice would be very much appreciated. More info on my case in my signature...

Thanks !!!
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Your 485 will not be approved until the current cutoff dates reaches your PD. The current cutoff date for EB2 is March 2003 for Indian nationals.
I am guessing you are an Indian.
If not your 485 will be get approved soon.
 
LaborBadhi.

Thank you for your response. I am sorry I forgot to mention that as I know that retrogression is a major issue: I am not Indian, I am French. And yes my LC was EB2.

Thanks again!
 
My interview in the local service center(Hartford)

I had a interview in the local center in 2nd week of april. The officer looked at my 485, asked few questions and took my recent paystub & 2005 tax filing & my daughter's birth certificate and told that everything looks good for my I-485 app except for the pending name check (which he checked again on the spot). I went with my lawyer who filed the case.
He had all the papers(originals, the entire case) that i submitted to VSC (I-140 &I-485). he was surprised that my I-140 is not approved and he was not sure whether to approve the I-140 on the spot or ask his supervisor or to send the case back to VSC. I think my case got transferred to local center since i answered to a question (whether arrested...), he asked me the court papers (i had a traffic misdemeaner and my case is closed with a fine of $110). My case is a future emplyer case. Since my interview on 12th april i haven't seen any LUDs. My I-140 is still not touched.
I would appreciate any comments based on your experience regarding my I-140 approvals
My details:
PERM Labor approved in 4th Week of Aug
I-140/485/EAD/AP applied on 8th Sep 2005
EAD/AP approved on 29Sep 2005.
I-140 Luds 9/27/2005
I-485 Lud 3/1/2006
 
My interview in the local service center(Hartford)

In addition to my above posting..
the immigration officer in the Local service center asked me to take my picture and finger prints which they require for further cards processings and he took our (me & my spouse) original H1-B approval(I-797 approval notice) and I-94 form.

I am yet to see any luds in my case
 
Finally

Ok friends after 8 months of waiting, I got an email last friday about my I-140 Approval. Before this I got RFE (Ability to Pay) on 22nd december and replied on 22nd March. I had five LUD's after RFE recieved and it was quite for a month, then the approval.

Thanks for your suggestion and words during the waiting period.

Good luck to all of you.
 
Please see my signature below.My PD became current in Feb 2006 and my ND for I-485 is now past 30 days as per latest VSC Processing dates. Should I ask my lawyer to open the enquiry? Should I call VSC directly? What are the best options?
 
Thanks RRDRAI & Spidey.

I guess I will ask my employer to file for both H1 extension & AP.

I will travel using my AP.

Do you know how much does it cost to process AP & H1B extension ?
 
spinus said:
Please see my signature below.My PD became current in Feb 2006 and my ND for I-485 is now past 30 days as per latest VSC Processing dates. Should I ask my lawyer to open the enquiry? Should I call VSC directly? What are the best options?
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I am also in the same level- See my signature. Shall I contact USCIS? what is the best options?
 
rrdrai said:
I am also in the same level- See my signature. Shall I contact USCIS? what is the best options?
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rrdrai, spinus

I was wondering what to do as well, then I noticed somewhere (I think it was an article on murthy.com) where USCIS requests that applicants NOT contact them until 90 days after their dates become current in regard to 485 adjuducation.
 
2006gc said:
Don't worry. It is due to the bi-specialization program. Many I-140 cases have been transferred to NSC yesterday. So looks like all categories of I-140 (EB1, EB2 and EB3) have been transferred. Perhaps this is the reason we are facing login problems as well for the past two days (since the information is being updated on their site). Thus far, concurrent I-140/I-485 cases have not been transferred yet from VSC.
New TSC processing dates have been posted yesterday. However, the dates did not move forward significantly. The current processing date for all categories is 01/19/2006 (i.e., moved only 2 days in two weeks!). So I am skeptical if the bi-iliaspeczation is a good move in the short run.
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Is this also the reason that the VSC 140 processing date is NOT moving at all? Can I assume that VSC has stopped processing ANY 140 cases?
 
I-485 processing

With the advancement of visa bulletin dates in the past months, there should be many whose PDs become current now. How come that we did not see many I-485 approvals?
 
My 140 is pending for a long.

I might be one of the unfortunate one whose 140 is pending for almost 208 days. No Message from the date the applicationw as received. I am not sure what to do. Due to processing date calendar of VSC (Which shows Oct 1st), My lawyer can't raise a query. So wait and watch game. In the due course, my H1 is also expired and now I am on EAD.
 
485

WhereIsMyGCUSA said:
With the advancement of visa bulletin dates in the past months, there should be many whose PDs become current now. How come that we did not see many I-485 approvals?
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My lawyer says this:
The 485 depends on the Priority Date as well as the date of application of I-485. Currently Vermont is processing march 2005. It might take a while for them to look at cases applied in september. So the journey is not over when we are out of retrogression.
 
SVD said:
My lawyer says this:
The 485 depends on the Priority Date as well as the date of application of I-485. Currently Vermont is processing march 2005. It might take a while for them to look at cases applied in september. So the journey is not over when we are out of retrogression.
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SVD

Your lawyer is right but as with all lawyers he/she is only giving you what is convenient and legal and therefore half truths.... The whole truth is, that Vermont processing date of March 2005 (actually April 2005 if I remember correctly) is to be interpreted like as such:...

USCIS guarantees that all I-485 applications received prior to April 2005 have been processed (may not have been adjudicated to the end) -

What it doesnt say but should be read into is this...

Applications received after April 2005 may have been processed/adjudicated but as USCIS we do not guarantee this.
 
RFE response past 30 days

Guys and Gals

I have received a RFE on my I-140 and the same was replied on March 22, 2006 and received by USCIS on March 24, 2006. More than 30 days have passed but I haven't seen any LUD changes except for the one which indicated they received the response.

How long does USCIS take for adjudicated of the I-140 after receiving response from RFE?

Regards
GCStrat :)
 
gcstrat said:
Guys and Gals

I have received a RFE on my I-140 and the same was replied on March 22, 2006 and received by USCIS on March 24, 2006. More than 30 days have passed but I haven't seen any LUD changes except for the one which indicated they received the response.

How long does USCIS take for adjudicated of the I-140 after receiving response from RFE?

Regards
GCStrat :)
Click to expand...

Normally it's very quick. What is your 140 ND?
 
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