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

IND77 said:
Thank you. I understand it is safer to go for extension but what are risk factors involved if I donot extend H1B ? :confused:
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I chose not to extend H1-B - Mine expired in Feb 2006. I too have EAD, AP and approved 140.

Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. So the H1-B doesnt really buy you anything except lack of negotiating power with your employer.

Thats how I understand it. I am no expert.
 
You are wrong.......Immigarnt Visa(485) and NON Immigrant Visa(h1b) are both different entities.
H1b is valid even 485 is denied.
if you get immigant status (485 approved) then Non-Immigrant status (h1b) will be nullified.
spidey said:
I chose not to extend H1-B - Mine expired in Feb 2006. I too have EAD, AP and approved 140.

Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. So the H1-B doesnt really buy you anything except lack of negotiating power with your employer.

Thats how I understand it. I am no expert.
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spidey said:
I chose not to extend H1-B - Mine expired in Feb 2006. I too have EAD, AP and approved 140.

Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. So the H1-B doesnt really buy you anything except lack of negotiating power with your employer.

Thats how I understand it. I am no expert.
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I agree with Spidey. My H1-B is expiring in 4 days and I also have approved I140, pending 485 for more than 6 months, approved EAD and AP and I have chosen not to extend the H1-B based on pending 485.
 
Don't worry -on my approved AP, It is still saying pending, I used AP two times to travel. It is nothing to worry.
 
A0001 said:
You are wrong.......Immigarnt Visa(485) and NON Immigrant Visa(h1b) are both different entities.
H1b is valid even 485 is denied.
if you get immigant status (485 approved) then Non-Immigrant status (h1b) will be nullified.
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I Do agree with A0001. It is just $190.00 fee worth having it. also use your AP to go out Mexico and get stamped. So even if there is any issue, you are on a safer side.
 
true!!!, it is useless to extend H1 based on myth that it keeps you in status

spidey said:
I chose not to extend H1-B - Mine expired in Feb 2006. I too have EAD, AP and approved 140.

Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. So the H1-B doesnt really buy you anything except lack of negotiating power with your employer.

Thats how I understand it. I am no expert.
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After I submitted I140 RFE, the online status date has been changed several times without any status changed. Can any experienced people told me whether this indicates they are denying it? thanks.
 
IND77 said:
Gurus, is this necessary to extend H1B (7yrs +) when 485 pending?
I am confused. Unable to take decision. Could not find a positive answer. Please guide me. My 7th year H1B expires on April 2006, 485 pending from last one year and 140 approved. Have a valid EAD until Feb 2007 but not working using EAD.

What are risk factors involved if I donot extend H1B ?
I appreciate your time.
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To my knowledge, if your 485 is denied then you will be out of status immediately. But you can open MTR and until a decision is made on the MTR, you status will be current.

But of you have a H1, even if 485 is denied, you are on a safer side and still can work using the H1.

Secong positive is, no body knows how long this retrogreesion is going to be. So, every year u should go on extending AP to travel. If you have 3 year H1B and get it stamped once, you can travel any time without any problem.

The other problem with AP is, some of the european nations does not recognise AP becoz that is not a visa, I read in this forum that they will keep u waiting and allow to proceed to US onlyafter a interview.

Third thing is in case of AP, you have renew every year. If it is 3 year H1B only one time $185 fee.
 
Nirvan said:
To my knowledge, if your 485 is denied then you will be out of status immediately. But you can open MTR and until a decision is made on the MTR, you status will be current.

But of you have a H1, even if 485 is denied, you are on a safer side and still can work using the H1.

Secong positive is, no body knows how long this retrogreesion is going to be. So, every year u should go on extending AP to travel. If you have 3 year H1B and get it stamped once, you can travel any time without any problem.

The other problem with AP is, some of the european nations does not recognise AP becoz that is not a visa, I read in this forum that they will keep u waiting and allow to proceed to US onlyafter a interview.

Third thing is in case of AP, you have renew every year. If it is 3 year H1B only one time $185 fee.
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Thank you guys for your valuable response. Is there a way we can confirm spidey's statement show below ?
"Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. "
If this is TRUE then we do not have to go for H1B extension. FYI I found that fee for I-129 is Base Fee: $190 + an additional fee of either $1500 or $750. It is NOT $190 only. I got below statement about fees:
"A U.S. employer filing an H-1B petition must submit the $190 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $1500 or $750. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee. "

Can some one please confirm ?
 
Meghraj said:
Congratulations! Enjoy your freedom!

I have called USCIS and opened a Referral through a Customer Service Rep.

Is it also possible to talk directly to someone at VSC who potentially can provide clarity? Gurus, please help. Thanks.


Meghraj

---------------------
EB3 Subst Labor
PD: Mar, 1999
I-140 AD: 11/30/2004
I-485 ND:11/12/2004; AD: ????
FP (Code 3): 04/08/2005 (myself & wife)
I-485 LUDs: .... 04/22/2005 (myself & wife)
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Megraj,

You can talk face to face with an immigration officer by taking an Infopass Appointment. Since you are out of retrogression, he/she will be able to tell you the status of your case.



Labsub
EB3 PD July 2000
I-140 - approved
I-485 ND June 2005.
 
IND77 said:
Thank you guys for your valuable response. Is there a way we can confirm spidey's statement show below ?
"Basically if your 485 is denied your H1-B becomes immediately invalid as well bcause the basis for the H1-B was your pending 485. "
If this is TRUE then we do not have to go for H1B extension. FYI I found that fee for I-129 is Base Fee: $190 + an additional fee of either $1500 or $750. It is NOT $190 only. I got below statement about fees:
"A U.S. employer filing an H-1B petition must submit the $190 petition filing fee and, unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this form, an additional fee of either $1500 or $750. A U.S. employer with a total of 25 or less full-time equivalent employees in the United States (including any affiliate or subsidiary of the employer) is only obligated to pay the $750 fee. "

Can some one please confirm ?
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I am sorry about the fees. You are right. It is not 190 for first and second extensions from the same employer. But from thrid extension from the same employer it is 190 only.
 
labsub said:
Megraj,

You can talk face to face with an immigration officer by taking an Infopass Appointment. Since you are out of retrogression, he/she will be able to tell you the status of your case.



Labsub
EB3 PD July 2000
I-140 - approved
I-485 ND June 2005.
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When I called 3 weeks back, they opened enquiry on my case also. May be I will try Infopass after waiting for another week to hear back from them.
BTW seems your PD also current, did you try infopass? If yes what was the result?

Thanks
 
tsr, what option you chose to open an inquiry

tsr1974 said:
When I called 3 weeks back, they opened enquiry on my case also. May be I will try Infopass after waiting for another week to hear back from them.
BTW seems your PD also current, did you try infopass? If yes what was the result?

Thanks
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meghraj, I was told the same thing by someone to open referral, what does it mean,

was it easy to open or any special requirements, to me thet refused to talk saying that though PD current RD still 4 months away, this way I will keep waiting whereas the new cases filed with current PD getting approved
Meghraj said:
Congratulations! Enjoy your freedom!

I have called USCIS and opened a Referral through a Customer Service Rep.

Is it also possible to talk directly to someone at VSC who potentially can provide clarity? Gurus, please help. Thanks.


Meghraj

---------------------
EB3 Subst Labor
PD: Mar, 1999
I-140 AD: 11/30/2004
I-485 ND:11/12/2004; AD: ????
FP (Code 3): 04/08/2005 (myself & wife)
I-485 LUDs: .... 04/22/2005 (myself & wife)
Click to expand...
 
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tsr1974 said:
When I called 3 weeks back, they opened enquiry on my case also. May be I will try Infopass after waiting for another week to hear back from them.
BTW seems your PD also current, did you try infopass? If yes what was the result?

Thanks
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tsr1974,

My PD became current a couple of days back (March). I am planning to give USCIS a couple of months, before i try infopass. Another thing against which may work against my 485 getting approved is that the current VSC processing time for I485 is Feb 2005, whereas my ND is June 2005.

Labsub

EB3 PD July 2000
485 ND June 2005
 
labsub said:
tsr1974,

My PD became current a couple of days back (March). I am planning to give USCIS a couple of months, before i try infopass. Another thing against which may work against my 485 getting approved is that the current VSC processing time for I485 is Feb 2005, whereas my ND is June 2005.

Labsub

EB3 PD July 2000
485 ND June 2005
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You will get useful information if your priority and processing dates are current. Otherwise they will keep telling you that we are processing so and so date and your's filed after that.
 
labsub, I am in similar situation worried, would encourage you to get infopass soon

here is what can happen. VSC takes say 6 months to get to June(think it took 4-5 months to move from Dec to Feb) i.e. and by that time i.e. around sept the PD has moved forward to say 2003, then all others with PD beyond you will keep getting approved because their RD is older and you never know they may retrogress again or surely visas can become unavailable in last quarter like it happened last year when we filed in June. My case was all celared in Sept but due to unavailabitiy and then retro still stuck( though very doubtful that it will go to 2000) but your wait is so long..and unpredictable

I unfortunately cannot try info pass as I live in another region and my case if field in VSC, recently my spouse went for interim EAD and was refused being diffrent region. If I were in the same region, I would have taken the info pass right away...
smuthu said:
You will get useful information if your priority and processing dates are current. Otherwise they will keep telling you that we are processing so and so date and your's filed after that.
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Here is info. to call

1800-375-5283
Press 1 (for english),
press 2 (for existing case),
press 6 (for case statues etc),
then press 1( for knowing your receipt no.),
enter the receipt # to get the automated response saying blah blah blah and also at the end saying this is the most upto date information on your case and our customer the same info national customer service agents have (i totally agree with this).
Then choose to continue to the next step "press 3" . choose 3
Listen to the options-
Option 4 "if you feel if you submitted together and one of the applications is left out and not processed (don't remmember the exact message text ..but something about companion case "
 
This thread is sleepy no momentum after weekend. NO postings today. Expecting some 140 approvals.

Even last week also there was two approvals.

HOOOOOOOOOOP this week will be great one with number of approvals.
 
I-140 approved

Have been a silent reader so far. My I-140 was approved today, and the notice was mailed on Sunday (??).
 
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