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

LaborBadhi

Registered Users (C)
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

Yes. Without any problems.
 

LaborBadhi

Registered Users (C)
want_gc_now said:
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

RFE
 

LaborBadhi

Registered Users (C)
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

No. You will be fine. Your H1B will not be voided.

Yes stay on H1B until you pass the 180 days on 485 RD and I-140 approved.
 

LaborBadhi

Registered Users (C)
gb04 said:
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.
I agree with you.
 

LaborBadhi

Registered Users (C)
karatekid said:
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 !!! :)

Are you kidding :p , We have to travel a lot to get 485 approval.


Did you get a chance to read this:

the following message is from www.immigration-law.com. Let's do something about this immigration reform!!!

10/07/2005: Shocking EB Visa Numbers Prediction for FY 2006 and FY 2007

It looks like 18 years retrogression

--------------------------------------------------------------------------------

Out of 350,000, half of them are Indians. So 10,000 EB visa per year means it will take 18 years to clear current backlog? Are we waiting for GC or Citizenship? It is accepted by most of the countries in world if someone lives for more than 10 years in a country without criminal record, can apply for citizenship.
 

mvnm00

Registered Users (C)
More saddening for all EB's

Though I am not sure what it really means

From this site:
http://www.immigration-law.com/Canada.html

10/07/2005: Shocking EB Visa Numbers Prediction for FY 2006 and FY 2007

* The AILA has reported the FY 2006 and FY 2007 Employment-Based Visa Number predication based on the information from the State Department and the Labor Department. It is literally shocking.
o The recapture number from prior employment-based visa numbers, which we reported in our Visa Retrogression Q&A, approximately 101,000 have been almost completely exhausted, and fewer unused family-based immigrant visas out of about 89,000 are available for employment-based cases. Accordingly, recapturable numbers are practically almost gone.
o The visa numbers for FY 2006 and FY 2007 which have been provided by the State Department to the AILA are so stunning that one feels completely lost. See the following figures:
+ FY 2005--249,000 (attributable recapture from the EB unused numbers and spillovers from the family-based categories)
+ FY 2006--156,000 (actual number is estimated to be about 6,000 fewer than this figure!)
+ FY 2007--148,000
o For the Worldwide EB-2 numbers, it predicts that it may remain current at least through December 31, 2005, and then may retrogress during the 2nd quarter of FY-2006 (January - March 2006). What's more, a cut-off date may be established during the 3rd (April - June 2006) or 4th quarter (July - September 2006).
o India used 45,000 EB immigrant visas in all of the employment-based visa categories in FY 2005, but in FY 2006, the per-country limit in all EB categories will only be 10,700, and of that 10,700, the number available per-country in the EB-1, EB-2 and EB-3 categories is projected to be only 9,180 or less.
o The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
* Again, as we emphasized in our Visa Retrogression Q&A, the only solution is to push the Congress to pass the Immigration Reform legislation as soon as possible. You all should join in this force to lobby the Congress and refute the anti-immigration forces!
* Are You Ready!?!?!? All of You, Please say "Yes, SIR!" IMGs, you are no exceptions in this fight and struggle. Medical doctors, dentists, chiropractors, Schedule A nurses, physical therapists, exceptional artist and athlet performers, college professors, high school and elementary school teachers, or beauticians and stylists, and lawyers, if you have patients or clients or professional ties with the people who represent you in the Hill, please talk to them within the boundary of your professional ethical rules. This reporter knows that most of you are reading this message from the e-mail inquiries we have been receiving from you.
 

mugur

Registered Users (C)
Received I140 approval document

Today,i received a letter from my lawyer containing the I140 approval.
Actually it says I 797,Notice of action.
PD April 2001
I140 RD August 2005
I140 ND September 2005
Now,on the same paper is something that concerns me a little.
This is NOT a concurrent filing,so i guess next step is to apply for I485,right?
Well,on the aproval notice it states that"...he or she is not eligible to apply for adjustement of status."
What does this mean?????
I called my lawyer in Washington DC immediately, and was told that there are no visas available as of right now,that is why we cannot apply for I485
She also said that they are working on 485's for March 1 2001.
My PD is April 2001.Is there a place where wqe can track when they are making more visas available?
Also,something interesant on the same approval notice:"This completes all INS action on this petition.We have sent the approved petition to the Departamnet of State National Visa Center(NVC),32 Rochester Avenue,Portsmouth,NH (603)334-0700"
That means that i don't have to deal with INS no more,but with NVC?? :confused:
 

LaborBadhi

Registered Users (C)
mugur said:
Today,i received a letter from my lawyer containing the I140 approval.
Actually it says I 797,Notice of action.
PD April 2001
I140 RD August 2005
I140 ND September 2005
Now,on the same paper is something that concerns me a little.
This is NOT a concurrent filing,so i guess next step is to apply for I485,right?
Well,on the aproval notice it states that"...he or she is not eligible to apply for adjustement of status."
What does this mean?????
I called my lawyer in Washington DC immediately, and was told that there are no visas available as of right now,that is why we cannot apply for I485
She also said that they are working on 485's for March 1 2001.
My PD is April 2001.Is there a place where wqe can track when they are making more visas available?
Also,something interesant on the same approval notice:"This completes all INS action on this petition.We have sent the approved petition to the Departamnet of State National Visa Center(NVC),32 Rochester Avenue,Portsmouth,NH (603)334-0700"
That means that i don't have to deal with INS no more,but with NVC?? :confused:

Just stay tune for the visa bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
 

aj_jadeja

Registered Users (C)
140 for eb3

Why is 140 for eb3 stuck @ march 26 for VSC ?

looks like last 2 weeks of may filers stuck big time :) kya natak hain yaar VSC ka bhi :)

Aj
 

want_gc_now

Registered Users (C)
LaborBadhi said:

What kind of RFE do you think it is?

As far as i know...in 140 the two major RFEs are regarding education evaluation and the the other is Ability to pay
So what kind of RFEs can we expect for 485 in general..
I have no idea about that

Appreciate ur help
Thanks in advance
 

njrirlabor

Registered Users (C)
want_gc_now said:
What kind of RFE do you think it is?

As far as i know...in 140 the two major RFEs are regarding education evaluation and the the other is Ability to pay
So what kind of RFEs can we expect for 485 in general..
I have no idea about that

Appreciate ur help
Thanks in advance

Could be related to medicals or birth certificates??
 

WhereIsMyLabour

Registered Users (C)
Hi Want_gc_now,
There are different RFE's on 485.
1. Sometime they ask IRS TAx Transcript or Tax Returns for last year or two year.
2. Birth Certificate ( If Registered later Affidavit required)
3. Marriage Certificate for Spouse ( If Registered later Affidavit required as secondary evidence)
4. Medical

Out of this I got first three. Don't worry too much. If you think you may any one out of first three try to keep it ready so that you can reply promptly.
Eventhough they ask for Tax Returns better to send IRS Transcript
( can get from IRS by Ordering by Phone) also.
Hope this clear your doubt.

want_gc_now said:
What kind of RFE do you think it is?

As far as i know...in 140 the two major RFEs are regarding education evaluation and the the other is Ability to pay
So what kind of RFEs can we expect for 485 in general..
I have no idea about that

Appreciate ur help
Thanks in advance
 

Path2GC

Registered Users (C)
Friends,

Got a RFE on my I-140....following are the details of the RFE.

The evaluation of the beneficiary's education submitted by you is insufficient because it did not state the qualifications and experience of the evaluator. An accepted evaluation should:

1. consider formal eduction only, not practical experience;
2. state if the collegiate training was post-secondary education, ie.,whether the applicant completed the united states equivalent of high school before entering college;
3. Provide detailed explanation of the material evaluated;
4. Briefly state the qualifications and experience of the evaluator providing the opinion.

Mine is a EB2/Sub Labour.
EAD, AP approved for both myself , wife.
Education/Experience requirement in labour was:
Masters of science and two years experience will be accepted in lieu of bachelor of science and five years.
** Degree or foreign equivalent will be accepted in Engineering , such as Electronic and Communication Engineering, or a related subspeciality field,such as math, or computer science , or Physics.

My Education:
BSC(Computer Science) 3 year india degree + 1 Year PGDCA (deploma in computer application)
Master In Personnel Management (MPM)
** Got 5 years experience by the time labour was filed.

Education Evaluation was done was educated choices and it was evaluated that the person has Achieved the equivalent of a bachelor's degree with a double major in personnel management and mathematics & Computer Science as awarded by a reginally accredited U.S. College or University.

As part of the evaluation it was also mentioned that evaluating companies brochure and evaluators resume has been attached but looking at my documentation it was not...may be clerical mistake or someone messed
it up.


Did anyone get this kind of RFE before.?
Do you think my education matches with the requirement?
Any suggestion how this RFE should be replied?

Thanks a ton.
Path2GC
 

GCVARUMA

Registered Users (C)
Path2GC said:
Friends,

Got a RFE on my I-140....following are the details of the RFE.

The evaluation of the beneficiary's education submitted by you is insufficient because it did not state the qualifications and experience of the evaluator. An accepted evaluation should:

1. consider formal eduction only, not practical experience;
2. state if the collegiate training was post-secondary education, ie.,whether the applicant completed the united states equivalent of high school before entering college;
3. Provide detailed explanation of the material evaluated;
4. Briefly state the qualifications and experience of the evaluator providing the opinion.

Mine is a EB2/Sub Labour.
EAD, AP approved for both myself , wife.
Education/Experience requirement in labour was:
Masters of science and two years experience will be accepted in lieu of bachelor of science and five years.
** Degree or foreign equivalent will be accepted in Engineering , such as Electronic and Communication Engineering, or a related subspeciality field,such as math, or computer science , or Physics.

My Education:
BSC(Computer Science) 3 year india degree + 1 Year PGDCA (deploma in computer application)
Master In Personnel Management (MPM)
** Got 5 years experience by the time labour was filed.

Education Evaluation was done was educated choices and it was evaluated that the person has Achieved the equivalent of a bachelor's degree with a double major in personnel management and mathematics & Computer Science as awarded by a reginally accredited U.S. College or University.

As part of the evaluation it was also mentioned that evaluating companies brochure and evaluators resume has been attached but looking at my documentation it was not...may be clerical mistake or someone messed
it up.


Did anyone get this kind of RFE before.?
Do you think my education matches with the requirement?
Any suggestion how this RFE should be replied?

Thanks a ton.
Path2GC

Hey Path2GC,

You can check this link for more information on it :
1. http://www.immigrationportal.com/showthread.php?t=177734
2. http://www.immigrationportal.com/showthread.php?t=185335
3. http://www.immigrationportal.com/showthread.php?t=133912

They will give you some more information about it.

GCVaruma.
 

njrirlabor

Registered Users (C)
UK Transit Visa

Hi Guys:

I am currently on 7th year H-1B , with my AP & EAd approved ( see signature). My 7th year H-1B has not been stamped on my passport and I will be entering the US using my AP. Now, I am going to India in december and will be changing planes in the UK. I do believe I am an candidate for the UK Transit Visa.

My question is related to the application process for the UK Transit visa. It appears that I need to send our original EAD/AP in the mail to the UK Embassy in New York. Is it safe to fedex these documents in original? Please advise, if any one knows answers to these questions.

Thank You


Regards
 

GCVARUMA

Registered Users (C)
foret1 said:
Got email from USCIS indicating that I-140 is approved.
Congrats foret1.. Your approval was fast as it just took only 12 working days for its approval.. thats good for you Buddy..

Hope all others get their 140 approved fast too.

GCVaruma.
 
Last edited by a moderator:

spidey

Registered Users (C)
njrirlabor said:
Hi Guys:

I am currently on 7th year H-1B , with my AP & EAd approved ( see signature). My 7th year H-1B has not been stamped on my passport and I will be entering the US using my AP. Now, I am going to India in december and will be changing planes in the UK. I do believe I am an candidate for the UK Transit Visa.

My question is related to the application process for the UK Transit visa. It appears that I need to send our original EAD/AP in the mail to the UK Embassy in New York. Is it safe to fedex these documents in original? Please advise, if any one knows answers to these questions.

Thank You
Regards

njrir

It's strange that they require you to send originals.
Here's what I would do:

1. Call them and ask them if they will accept notarized copy.
2. Either way, get notarized copies prepared. You can find a notary at your nearest bank.

If they agree to accept notarized copy send them the notarized copy, if not send them the original and file the notarized copy for your reference should you need to.

Finally if you do send them your originals, put a letter in the FedEx envelope (make sure you ask for a receivers signature on the Fedex) - on this letter clearly list everything you are sending and note the ORIGINALS you have included as per their request. Then, make sure you include a prepaid FedEx envelope and on this letter write " PLEASE RETURN THE ORIGINALS IN THE ENCLOSED FEDEX ENVELOPE "

Remember you are sending your passport to them, nothing is more important than that passport, so they have to have procedures in place to accomodate your EAD / AP originals, one of them has to be this prepaid fedex envelope so they can send you the stamped passport back.

As long as you have someone to point to as the last one in the link (fedex tracking #, the signatory from their embassy etc.. along with your notarized copies you can get unlucky but not screwed. )

good luck, we all will face this problem sooner or later. Hope this helps.
 
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