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

I-140 blues

I am still waiting for my I-140 that was filed in february 2005/ My lawyer put in an equiry more than 30 days ago...and we have no response. He is putting in another enquiry... what else can i do because this is frustrating! :(
 
Those affected by retrogression

For all of us who are affected by retrogression we have heard about the Yahoo group : http://groups.yahoo.com/group/techworkers and their efforts to raise awareness about the problem at various levels. Its amazing to see what they have done in a short time frame. Kindly go to their website http://www.isnamerica.org and you will find more information about it. Please support it any way you can.

Congrats and best wishes to their efforts and wishing the best in their fight.

GCVaruma.
 
aj_jadeja said:
So 5/21 should be Receipt Date ? Notice date ? filing date ?
It is Receipt Date .In my case I have passed this date because my receipt date is 5/06.I wrote a mail to my company's lazy lawyer.let us see what happens next? I will post the detail.Any body else in same boat?
 
NJ03MAY2002 said:
It is Receipt Date .In my case I have passed this date because my receipt date is 5/06.I wrote a mail to my company's lazy lawyer.let us see what happens next? I will post the detail.Any body else in same boat?

Hi NJ03MAY2002:

Wishing you all the best! I hope your lawyer puts an inquiry into it. Wish you all the best! Keep us all posted.

Regards
 
Hi guys. I have a question. I am assuming that most of us are currently under H1B visa. This status allows to work and also to travel freely until the I485 is approved. So why apply for EAD and AP? For a spouse under H4, it's different, I understand that the EAD allows him/her to work. But why EAD and AP for an H1B ?
 
Subtle advantages of EAD over H1 really. If they are not important to you, more than anything else it means you're already happy and lucky.

Having an EAD is almost like having that green card as far as work authorization goes, no more filing of H1 transfers (180 days after 485 application AND approved 140) - you can now move around just like you would after the GC. Of course it's not all like it bcause technically you still have to be employed in same Labor Category as your Labor Certification.
Other than that, if you are done 6 yrs on H1 - no NEED to extend, although lawyers will sometimes recommend you do extend (but thats another thread)

Similar advantages of the AP. In fact, once on AP you can now walk thro immigration using the Permanent Residents line (I think)
 
spidey said:
Similar advantages of the AP. In fact, once on AP you can now walk thro immigration using the Permanent Residents line (I think)

For example my case, H1B VISA stamp has expired in my passport. So its easy for me to use AP instead of getting appointment schedule in US consulate(it is taking 2 to 3 months to get appointment in Chennai).
 
LaborBadhi said:
For example my case, H1B VISA stamp has expired in my passport. So its easy for me to use AP instead of getting appointment schedule in US consulate(it is taking 2 to 3 months to get appointment in Chennai).


So if u have valid AP u can leave and enter US without any hassles ? no need of stamp in passport ? any detailed info on this will be appreciated.

thx

aj
 
guys check the oh law immigration website.. www.immigration-law.com
this guy is much better than many attorneys(murthy..etc) in updating and giving quick replies....follow this site always ......they have put an stuning report on the EB retro issues...read it and voice ur opinions here .......I am happy that EAD/AP is atleast available.....GC hmm...foggedabatit!!!
Ajaks
 
Received two mails from USCIS-CRIS for me and my husband stating that
...mail has been sent requesting for additional information ...on both of our 485

what does this mean...any guesses

EB2
labor Jul 2004
140/EAD/485 RD Mar15
EAD AD Apr 14
140 AD Sep 7
AP RD Sep 29
485 LUD Sep 7,Oct 1,Oct 2,Oct 3,Oct 7
 
aj_jadeja said:
So if u have valid AP u can leave and enter US without any hassles ? no need of stamp in passport ? any detailed info on this will be appreciated.

thx

aj

Hi
Here is my experience, Advance parole, is good enough to enter into US. But not enter into any Europe countires.

If you fly through Eroupe It woudn't be a problem to go to india, But when comming back the Airline people stops you.
The Question is : Do yo have a US VISA? Say yes or no ,
Yes - ok for boarding,
No - then just getout.
They woun't let to onboard into flight. It is that simple.

But some airline staffs were flexible, they let you go but the transit country will stop your travel.

It is not a problem if you go via Pacific.

1000 % safe go via PASIFIC.

When comming back , In port of entry go to the officer on duty (making lines)
Tell him that you have a advance parole, He will take you to a seperate counter, there he will make a copy of your AP, stamp it and issue your I94.
 
H-1B vs EAD/AP

Sorry folks to extend this discussion, appreciate if someone can answer the following:

I am currently on H-1B and my 7th year is valid till May 2006. If I travel to India in couple of months (assuming AP is aproved by that time) then have two options:

1. Get Visa stamped based on the current H1 as my prev visa is already expired.
2. Use AP to re-enter US avoiding hassle of going to US consulate in India.

My question is if I use option 2 then would that means my status goes to on EAD (and H1 is voided?) or I am still on H-1B.

Defintely I see some advantage in staying on H1 status till we pass the 6 months barrier on 485.

Thanks
MD2001
 
MD2001 said:
Sorry folks to extend this discussion, appreciate if someone can answer the following:

I am currently on H-1B and my 7th year is valid till May 2006. If I travel to India in couple of months (assuming AP is aproved by that time) then have two options:

1. Get Visa stamped based on the current H1 as my prev visa is already expired.
2. Use AP to re-enter US avoiding hassle of going to US consulate in India.

My question is if I use option 2 then would that means my status goes to on EAD (and H1 is voided?) or I am still on H-1B.

Defintely I see some advantage in staying on H1 status till we pass the 6 months barrier on 485.

Thanks
MD2001

HELP HELP HELP!!!!!!!!!!!

I am making a emergency travel in 2 days and my passport is not stamped with the new H1b approval .
My AP is pending ... Can I leave the country and then come back on AP.
My lawyers can mail me the Ap when that is approved .
Please help
URGENCY

Please advise !!!!!!!!!
 
dont do that

jaisingh said:
HELP HELP HELP!!!!!!!!!!!

I am making a emergency travel in 2 days and my passport is not stamped with the new H1b approval .
My AP is pending ... Can I leave the country and then come back on AP.
My lawyers can mail me the Ap when that is approved .
Please help
URGENCY

Please advise !!!!!!!!!

Jai

read this

http://uscis.gov/graphics/services/Emergency/

u better use h1b stamp to get back in . as i read it u have ot be in US when AP is approved .

better call us consulte in mumbai.chennai and ask for ememrgency appoitnment for stamping h1 .
 
rrdrai said:
Hi
Here is my experience, Advance parole, is good enough to enter into US. But not enter into any Europe countires.

If you fly through Eroupe It woudn't be a problem to go to india, But when comming back the Airline people stops you.
The Question is : Do yo have a US VISA? Say yes or no ,
Yes - ok for boarding,
No - then just getout.
They woun't let to onboard into flight. It is that simple.

But some airline staffs were flexible, they let you go but the transit country will stop your travel.

It is not a problem if you go via Pacific.

1000 % safe go via PASIFIC.

When comming back , In port of entry go to the officer on duty (making lines)
Tell him that you have a advance parole, He will take you to a seperate counter, there he will make a copy of your AP, stamp it and issue your I94.


RRDrai

Thx a lot for this info. I m travelling through Pacific .
 
MD2001 said:
Sorry folks to extend this discussion, appreciate if someone can answer the following:

I am currently on H-1B and my 7th year is valid till May 2006. If I travel to India in couple of months (assuming AP is aproved by that time) then have two options:

1. Get Visa stamped based on the current H1 as my prev visa is already expired.
2. Use AP to re-enter US avoiding hassle of going to US consulate in India.

My question is if I use option 2 then would that means my status goes to on EAD (and H1 is voided?) or I am still on H-1B.

Defintely I see some advantage in staying on H1 status till we pass the 6 months barrier on 485.

Thanks
MD2001

My understanding (and the advice of my lawyer) is that it is always better to keep the H1B as long as possible. You can keep your AP papers in reserve incase the immigration officer asks, but try first to get to the US by using your valid H1B. As you said, once you use AP, your H1B is revoked and you work under EAD. If you plan to stay in the same company untill I485 approval, it is better to remain under the H1B.

This is what we did with my wife the last time we returned to the US: she had her AP papers but used her valid H4 to get in (the officer never asked for the AP)

Of course, this is just an opinion, not a legal advice.

Good luck !
 
As you said, once you use AP, your H1B is revoked and you work under EAD.

As far as I know, you are incorrect. If you have a valid H1B (even if you don't have an H1B visa), you can still come back on AP and NOT void your H1.
 
spidey said:
Subtle advantages of EAD over H1 really. If they are not important to you, more than anything else it means you're already happy and lucky.

Having an EAD is almost like having that green card as far as work authorization goes, no more filing of H1 transfers (180 days after 485 application AND approved 140) - you can now move around just like you would after the GC. Of course it's not all like it bcause technically you still have to be employed in same Labor Category as your Labor Certification.
Other than that, if you are done 6 yrs on H1 - no NEED to extend, although lawyers will sometimes recommend you do extend (but thats another thread)

Similar advantages of the AP. In fact, once on AP you can now walk thro immigration using the Permanent Residents line (I think)

Thanks for the answer Spidey. I guess my case is different since both my H1B status and my H1B-stamped visa are valid until May 2006. I hope to get I485 approval before that !!! :)
 
Jaisingh,

check this out:

http://www.vfs-usa.co.in/

http://www.vfs-usa.co.in/ApplnForms/Procedure.aspx

http://chennai.usconsulate.gov/appointments2.html

I remember H1 renewal also considered ememrgency and it seems u have a valid emergency case, so they will give you the appointment immediately. This new service is effective from october 1st 2005.

as aj_jadeja said don't depend AP while u are out of USA.

Take care,
MD2001



jaisingh said:
HELP HELP HELP!!!!!!!!!!!

I am making a emergency travel in 2 days and my passport is not stamped with the new H1b approval .
My AP is pending ... Can I leave the country and then come back on AP.
My lawyers can mail me the Ap when that is approved .
Please help
URGENCY

Please advise !!!!!!!!!
 
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