2005 Consolidated Tracker (140/EAD/AP/FP/485)
- Thread starter joyd
- Start date
Need guidance on the following :
1) I have got an approved I140. By APR-2006 my application for 485 will complete 180 days of filing. Should I file for H1B extension under AC21 for the next 3 years ?
[spidey] I DIDN'T. MY 180 DAYS ARE UP IN MARCH. I HAVE EAD.
2) Since I have got EAD , does it make sense to file for H1B extension ? If Yes , then under what circumstance ?
[spidey] NOT FROM WHAT I UNDERSTAND. IT WOULD ONLY MAKE SENSE IF YOUR 140 WAS NOT YET APPROVED. OR IF YOU WERE AFRAID OF LOSING YOUR JOB BEFORE APRIL.
3) Does the H1B extended visa become invalid if my 485 gets denied ?
[spidey] YES IF 485 IS DENIED, THERE IS NO FORMAL APPEALS PROCESS AND YOUR H1-B WHICH IS ON THE BASIS ON A PENDING 485 BECOMES IMMEDIATELY INVALID.
My questions may seem elementary , but any help is greatly appreciated.
MY RESPONSES ARE AMATEURISH AT BEST.
1) I have got an approved I140. By APR-2006 my application for 485 will complete 180 days of filing. Should I file for H1B extension under AC21 for the next 3 years ?
[spidey] I DIDN'T. MY 180 DAYS ARE UP IN MARCH. I HAVE EAD.
2) Since I have got EAD , does it make sense to file for H1B extension ? If Yes , then under what circumstance ?
[spidey] NOT FROM WHAT I UNDERSTAND. IT WOULD ONLY MAKE SENSE IF YOUR 140 WAS NOT YET APPROVED. OR IF YOU WERE AFRAID OF LOSING YOUR JOB BEFORE APRIL.
3) Does the H1B extended visa become invalid if my 485 gets denied ?
[spidey] YES IF 485 IS DENIED, THERE IS NO FORMAL APPEALS PROCESS AND YOUR H1-B WHICH IS ON THE BASIS ON A PENDING 485 BECOMES IMMEDIATELY INVALID.
My questions may seem elementary , but any help is greatly appreciated.
MY RESPONSES ARE AMATEURISH AT BEST.
HK_HR said:
HK_HR.
1. If you want to / need to change jobs in future (after 180 days) then your best bet is always NOT to be dependent on that H1-B. The H1-B buys you nothing after the 140 is approved BUT it puts you in a weaker position as far as negotiating job terms are concerned. We all know this.
2. If your 485 gets rejected the extended H1B is immediately invalid. Also, with approved 140 you wont get 3 yr extension, it'll be 1 yr extension.
I am an amateur. Pls do your own digging, this is how I interpret what I've read...
did anyone here file with a Sub Labor and also with a copy?
A 140/485 petition was filed before and VSC asked for an RFE.The RFE was right as the candidate did not have qualified education at the time of labor Submission.
So the company sent a letter to withdraw the petition completely.VSC did not get the original labor back.Now they have sent mine with reference to an already submitted petition and quoting the letter reference.
I know it will take ages to get my 140 approval (even without any RFEs) bcos they have to dig up the old labor and then see the case status.
anyone atleast close enough to my case.?? did anyone get approved in this situation? please share ur experiences........................
I have my 6 yrs H1 vaid till sometime 2008.
Ajaks
A 140/485 petition was filed before and VSC asked for an RFE.The RFE was right as the candidate did not have qualified education at the time of labor Submission.
So the company sent a letter to withdraw the petition completely.VSC did not get the original labor back.Now they have sent mine with reference to an already submitted petition and quoting the letter reference.
I know it will take ages to get my 140 approval (even without any RFEs) bcos they have to dig up the old labor and then see the case status.
anyone atleast close enough to my case.?? did anyone get approved in this situation? please share ur experiences........................
I have my 6 yrs H1 vaid till sometime 2008.
Ajaks
Yes Mine was a subs labor with a copy .. after intial filing they issued me a RFE for original copy , my laywer send them saying that the file was with them ...... So they took 2 months to trace that and then issued another RFE for A2P and after that was answered they approved that .. total time it took was 6 month s.... Hope this helps you
ajakster said:
Hi Ajakster,ajakster said:
Mine is a substitute labor too and a copy. The 140 they applied using that labor originally was withdrawn . The attorney told me that he gave the WAC# of the old withdrawn I140. My case has not even been touched until now- look at my signature. Keep in touch with me please so that I get some idea too
Thanks
chicchu
I-485 approved, EB1-OR, VSC
I posted this yesterday on teh EB1 thread, but here it goes again:
###################################################
Dear All,
Just received multiple emails for the approvals of all family AOS.
Overall history:
(1) Working in big Pharma, New Jersey. Scientist from non-retrogressed country. All processing done by big Lawyers firm hired by employer.
(2) Labor Cert. (Reduction in Recuitment) filed in March 2002. Pending as of May 2005.
(3) I-140 as Outstanding Researcher filed April 4th, 2005, together with AOS and AP/EAD.
(4) AP/EAD approved in three weeks - April, 27th 2005.
(5) FP/Biometrics taken for me and spouse in Newark - May 18th, 2005.
(6) No LUDs after May 19th, 2005.
(7) I-140 approved - October 16th, 2005.
(8) RFE on AOS, asking about the waiver for the two-year foreign residence - which I was not required to (shouldn't they know that already, since I have been an H1-B for more than 5 years??). RFE received November 22nd, 2005.
(9) Response to RFE recieved by USCIS on Dec 18th, 2005.
(10) AP/EAD renewal received by USCIS on January 13th, 2006.
(11) AOS approval e-mails received today - January 20th, 2006.
What a relief...
Awaiting the upcoming notices to change to ...cards ordered...cards mailed...
For those that believe in the conspiracy theories, (10) may have triggered (11) - after they cashed the $$ for (10) they do not have to actually do anything since AOS is done... I personally believe more on the second Law of Thermodynamics.
God bless all of you and may you all soon share the joy I am feeling now!
I posted this yesterday on teh EB1 thread, but here it goes again:
###################################################
Dear All,
Just received multiple emails for the approvals of all family AOS.
Overall history:
(1) Working in big Pharma, New Jersey. Scientist from non-retrogressed country. All processing done by big Lawyers firm hired by employer.
(2) Labor Cert. (Reduction in Recuitment) filed in March 2002. Pending as of May 2005.
(3) I-140 as Outstanding Researcher filed April 4th, 2005, together with AOS and AP/EAD.
(4) AP/EAD approved in three weeks - April, 27th 2005.
(5) FP/Biometrics taken for me and spouse in Newark - May 18th, 2005.
(6) No LUDs after May 19th, 2005.
(7) I-140 approved - October 16th, 2005.
(8) RFE on AOS, asking about the waiver for the two-year foreign residence - which I was not required to (shouldn't they know that already, since I have been an H1-B for more than 5 years??). RFE received November 22nd, 2005.
(9) Response to RFE recieved by USCIS on Dec 18th, 2005.
(10) AP/EAD renewal received by USCIS on January 13th, 2006.
(11) AOS approval e-mails received today - January 20th, 2006.
What a relief...
Awaiting the upcoming notices to change to ...cards ordered...cards mailed...
For those that believe in the conspiracy theories, (10) may have triggered (11) - after they cashed the $$ for (10) they do not have to actually do anything since AOS is done... I personally believe more on the second Law of Thermodynamics.
God bless all of you and may you all soon share the joy I am feeling now!
cfedu said:
I didn't realize that EB1 also required a Labor Certification.
I certainly agree with your theory that 10 may have triggered 11. all that talk about monthly sweeps to check if there are any pending cases that are valid and up for approval for AOS is just another "feature" that they sell but dont necessarily follow through... besides I believe that they LOVE the extra $$ generated by your EAD / AP renewal application fees. 6 months to approve AOS cases maybe the Bush administrations promise but the USCIS agenda is clearly dictated by the Conflict of Interest created by the fact that if the AOS is not approved in less than a year, then the candidate has no choice but to poney up for the renewal fees associated with EAD / AP.
Happy for you, goodluck for your future and may my skepticism, as reflected above be proven wrong.
spidey
Sorry about the confusion.
The first application was for an EB2 (advanced degree) Labor Cert.
The second (more recent one) was for EB1 (outstanding researcher), and it does not require a Labor Cert.
Got more emails earlier today with the message changing to "Card Ordered".
Two more (small) steps to go - Card Mailed and Card Received.
I have my fingers crossed for all of you still waiting...
Sorry about the confusion.
The first application was for an EB2 (advanced degree) Labor Cert.
The second (more recent one) was for EB1 (outstanding researcher), and it does not require a Labor Cert.
Got more emails earlier today with the message changing to "Card Ordered".
Two more (small) steps to go - Card Mailed and Card Received.
I have my fingers crossed for all of you still waiting...
Tracker spreadsheet
I've not seen any Excel spread sheet being passed on this forum lately.
* Is it possible to revive any existing tracking sheet?
* Create a new one?
For 140, EAD, AP and 485 time lines. It would be great to gather the data and see the latest trends on one sheet for VSC.
Any ideas...
I've not seen any Excel spread sheet being passed on this forum lately.
* Is it possible to revive any existing tracking sheet?
* Create a new one?
For 140, EAD, AP and 485 time lines. It would be great to gather the data and see the latest trends on one sheet for VSC.
Any ideas...