Are EB1s and EB3s subject to the same processing dates?

E

educatedcat

Registered Users (C)
I have noticed that a lot of people on this site are EB3s. I am an EB1. I am curious to know if EB1s processing dates are different from those with EB3?

Also, I applied for an EAD in December because a lawyer told me that I needed it to leave the country on AP because I don't have a HIB visa stamped in my passport. The problem is that USCIS-Nebraska has never responded to my EAD application--and according to their page, they are processing March's EAD aps. I made a request through customer service and got a letter saying that my application will take an indefinite period of time. Why? If I am not eligible for EAD (I am on H1B) then why isn't USCIS just rejecting my application outright?

Also, does my applying for an EAD invalidate my H1B? Did I make a mistake in applying for an EAD? I can't get any information on this.

I really need to go home to see my ill father. I have a AP, but I am worried that without an EAD, I will be stopped at customs.
 
USCIS EB1 and EB2 the same as far as 485 is concerned.

EB3 has some delays due to quota.

There is no such problem for EB1 or EB2.

when you apply for EAD, you don't invalid your h-1b. Only if you use it, you become
AOS (adjustment of status).

You can go home and come back with AP. No need to EAD. You just can't work until you receive your EAD.

If you have waited more than 3 months for the EAD, you can apply for a temporary one in local office.


educatedcat said:
I have noticed that a lot of people on this site are EB3s. I am an EB1. I am curious to know if EB1s processing dates are different from those with EB3?

Also, I applied for an EAD in December because a lawyer told me that I needed it to leave the country on AP because I don't have a HIB visa stamped in my passport. The problem is that USCIS-Nebraska has never responded to my EAD application--and according to their page, they are processing March's EAD aps. I made a request through customer service and got a letter saying that my application will take an indefinite period of time. Why? If I am not eligible for EAD (I am on H1B) then why isn't USCIS just rejecting my application outright?

Also, does my applying for an EAD invalidate my H1B? Did I make a mistake in applying for an EAD? I can't get any information on this.

I really need to go home to see my ill father. I have a AP, but I am worried that without an EAD, I will be stopped at customs.
Click to expand...
 
educatedcat said:
I have noticed that a lot of people on this site are EB3s. I am an EB1. I am curious to know if EB1s processing dates are different from those with EB3?

Also, I applied for an EAD in December because a lawyer told me that I needed it to leave the country on AP because I don't have a HIB visa stamped in my passport. The problem is that USCIS-Nebraska has never responded to my EAD application--and according to their page, they are processing March's EAD aps. I made a request through customer service and got a letter saying that my application will take an indefinite period of time. Why? If I am not eligible for EAD (I am on H1B) then why isn't USCIS just rejecting my application outright?

Also, does my applying for an EAD invalidate my H1B? Did I make a mistake in applying for an EAD? I can't get any information on this.

I really need to go home to see my ill father. I have a AP, but I am worried that without an EAD, I will be stopped at customs.
Click to expand...
EB1/2/3 processing is only effected by PD backlog.

It doesn't have a special processing priority other than that == once your 140 is approved and 485 is filed, all EBs are the same (except for PD cutoffs)
 
quick question

Hi Guys,

I am reading messages posted in this forum. I am little bit excited about my case. I am in EB2 category. I want to know when my case will be approved.

140/485 RD October 28, 2004. No change after that. Also why my FP status not been updated in INS website. I done my FP on November 22, 2004. I did check with FBI, that they had processed my FP and sent back the result back to INS. Why my status has not been updated??

Thanks for your prompt reply..

Rgds,
VJ
 
vjanand72 said:
Hi Guys,

I am reading messages posted in this forum. I am little bit excited about my case. I am in EB2 category. I want to know when my case will be approved.

140/485 RD October 28, 2004. No change after that. Also why my FP status not been updated in INS website. I done my FP on November 22, 2004. I did check with FBI, that they had processed my FP and sent back the result back to INS. Why my status has not been updated??

Thanks for your prompt reply..

Rgds,
VJ
Click to expand...
Sorry to burst your bubble -- you have a long wait ahead.
NSC is officially processing cases received in Jan 2003 now -- you are late 2004 ....
Not sure if the concurrent adjudication is still happening -- but I think its not happening in NSC anymore.

Its all your luck -- there is really no basis on which NSC picks up and completes its cases -- that's really pathetic.

Hopefully you should get it done by end of this calendar year !
 
Don't worry educatedcat

Even there is no need for AP. (But to have it, is safer side)

You have approved H1B. But don't have stamped on your passport ...right???

You need AP or valid stamped Visa while entering US. not while leaving US.
You can go to your home country and there showing your approved notice 797 you can get H1B stamped on your passport.

Having AP is safer side and gives you peace of mind.
because you don't know what might happend in consulate (they may ask additional docs etc.) and also it may consume time.

Now you already have AP so there isno nee to worry.

Good Luck
 
just need some clarification

wildthing said:
EB3 has some delays due to quota.

There is no such problem for EB1 or EB2.

when you apply for EAD, you don't invalid your h-1b. Only if you use it, you become
AOS (adjustment of status).

You can go home and come back with AP. No need to EAD. You just can't work until you receive your EAD.

If you have waited more than 3 months for the EAD, you can apply for a temporary one in local office.
Click to expand...

So what you are saying is that IF I USE THE AP TO ENTER THE U.S. (WITHOUT AN HI-B STAMPED IN MY PASSPORT, I CANNOT WORK ON MY H1-B UNTIL I GET AN EAD? THAT'S WHAT I THOUGHT--WHICH IS WHY I APPLIED FOR AN EAD--BUT THAT WAS IN DECEMBER OF 2003, BUT NEBRASKA WON'T GIVE ME ANY APPROVAL OR REJECTION. I AM IN LIMBO--BECAUSE I CANNOT USE MY AP TO GO HOME TO SEE MY FATHER BECAUSE WITHOUT AN EAD, I CANNOT WORK WHEN I GET BACK INTO THE COUNTRY. AHHHH!
 
educatedcat....check with others...but I think its if you use the EAD, its then that you invalidate your H1b...but if you use just your AP (whether or not you have your EAD yet)...you can come back and still work on your H1B. You do not need to have OR work on EAD, just because you used your AP. (CHeck with others please...there is a possibility I might be wrong....and yes, I do not have a legal background)
Best Wishes
Also, if you really want your EAD, and its been more than 90 days at Nebraska, you can always go to your local ins office and get interim EAD (iEAD) .
 
educatedcat said:
So what you are saying is that IF I USE THE AP TO ENTER THE U.S. (WITHOUT AN HI-B STAMPED IN MY PASSPORT, I CANNOT WORK ON MY H1-B UNTIL I GET AN EAD? THAT'S WHAT I THOUGHT--WHICH IS WHY I APPLIED FOR AN EAD--BUT THAT WAS IN DECEMBER OF 2003, BUT NEBRASKA WON'T GIVE ME ANY APPROVAL OR REJECTION. I AM IN LIMBO--BECAUSE I CANNOT USE MY AP TO GO HOME TO SEE MY FATHER BECAUSE WITHOUT AN EAD, I CANNOT WORK WHEN I GET BACK INTO THE COUNTRY. AHHHH!
Click to expand...
What rdip says is correct.

You can re-enter using your AP and continue to work on H-1B for the same employer.

Using your AP does not impact your H status. You lose your H status only when you work on your EAD.

See the Cronin Memo for details.
 
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