Celebration Time – RD 02/05/2002 Approved
- Thread starter mavishka
- Start date
My grueling tale, a little long but interesting...
I came here in August 1994 as a graduate student, got a job in July 1997, applied for Labor in September 1998. Labor was approved in May 2001. I-140 with CP was approved in September 2001. CP Interview scheduled at Mumbai in January 2002. I was laid off just 9 days before the CP interview and 4 days before leaving for India. Felt totally helpless, immediately sought advice from Sheela Murthy's office. The attorney with whom I was in touch with was very knowledgeable and gave me good advice.
Luckily, on the side, my wife had also applied for Labor, and her 140 was approved the same time as mine, but we had decided to proceed with my case. I tried pleading with my employer to let me take leave of absence or something and wrap up the CP Interview, and that when I return they could hand me the termination letter. I pleaded with them for two consecutive days but they just wouldn’t budge, they had hearts of stone. Finally, we decided that it was no use wasting time and we immediately did our medicals and filed for 485 in February 2002.
My wife was laid off in June 2002, less than 180 days after filing 485. That got us worried since we didn’t know how exactly CIS would interpret that. I kept checking reputed web sites like Shusterman.com, murthy.com, etc. to make sure that it was not a problem. Those sites explicitly said that 'when you were laid off' or 'when you changed jobs' did not matter as long as your 485 remained unadjudicated for 180 days or more. That gave me some sense of relief.
Luckily, my wife found another job in July 2002, but that too ended in May 2003. Again we were worried as to what would happen if an RFE was issued. In September 2003, she found a job in my company, which was in the same or similar category as the original LC job.
In April 2004 we got an RFE for Employment Letter and 2 months pay stubs. Our attorney, from my wife’s LC filing company, who used to always be very nice and courteous to us, suddenly started acting funny. He kept saying that he’s very concerned about the lay-off < 180 days. That really threw us off balance and we really believed initially that we were heading up for a 485 denial.
Also, I had received a Notice of Intent to Deny Notice saying that I was out of status for a certain time period, when in fact I was very much on an H-1B issued by CIS. The attorney told me on the 29th day that I had received an NoID. That really got me angry. Luckily, the response was sent by FedEx overnight the same evening to reach them on the 30th day, remember NoID’s need to be responded to within 30 days.
Our attorney responded to the RFE spilling all the beans about my wife’s lay-off < 180 days, etc. That got us really scared and worried. We kept hoping and praying that our cases be approved, didn’t matter even if it took some time as long as it wasn’t a denial. I also kept looking up info on AC21, and reading the Aug 2003 memo from William Yates about a 100 times made me feel that murthy.com, shusterman.com were right in that as long as the 485 remained unadjudicated for 180+ days it didn’t matter when you were laid off or changed jobs as long as the job was in the same or similar category. That gave me some confidence.
Then this nice home which we had seen in Nov 2003 had come back on the market. We decided to take the chance and made an offer on June 15; our offer was accepted the next day. We were still anxious since we were gambling with our life savings that would go as down payment. Then this morning when I saw the approval, all the pent up stress, steam and all that negative energy that had built up over these years suddenly started dissipating. My wife hasn’t been to India for the past 5 years. She was extremely excited, rather relieved with the news. Now we’re looking forward to moving into the new home and making an India trip soon. I'll be around to answer any questions, old habits die hard. Best wishes to all of you.
I came here in August 1994 as a graduate student, got a job in July 1997, applied for Labor in September 1998. Labor was approved in May 2001. I-140 with CP was approved in September 2001. CP Interview scheduled at Mumbai in January 2002. I was laid off just 9 days before the CP interview and 4 days before leaving for India. Felt totally helpless, immediately sought advice from Sheela Murthy's office. The attorney with whom I was in touch with was very knowledgeable and gave me good advice.
Luckily, on the side, my wife had also applied for Labor, and her 140 was approved the same time as mine, but we had decided to proceed with my case. I tried pleading with my employer to let me take leave of absence or something and wrap up the CP Interview, and that when I return they could hand me the termination letter. I pleaded with them for two consecutive days but they just wouldn’t budge, they had hearts of stone. Finally, we decided that it was no use wasting time and we immediately did our medicals and filed for 485 in February 2002.
My wife was laid off in June 2002, less than 180 days after filing 485. That got us worried since we didn’t know how exactly CIS would interpret that. I kept checking reputed web sites like Shusterman.com, murthy.com, etc. to make sure that it was not a problem. Those sites explicitly said that 'when you were laid off' or 'when you changed jobs' did not matter as long as your 485 remained unadjudicated for 180 days or more. That gave me some sense of relief.
Luckily, my wife found another job in July 2002, but that too ended in May 2003. Again we were worried as to what would happen if an RFE was issued. In September 2003, she found a job in my company, which was in the same or similar category as the original LC job.
In April 2004 we got an RFE for Employment Letter and 2 months pay stubs. Our attorney, from my wife’s LC filing company, who used to always be very nice and courteous to us, suddenly started acting funny. He kept saying that he’s very concerned about the lay-off < 180 days. That really threw us off balance and we really believed initially that we were heading up for a 485 denial.
Also, I had received a Notice of Intent to Deny Notice saying that I was out of status for a certain time period, when in fact I was very much on an H-1B issued by CIS. The attorney told me on the 29th day that I had received an NoID. That really got me angry. Luckily, the response was sent by FedEx overnight the same evening to reach them on the 30th day, remember NoID’s need to be responded to within 30 days.
Our attorney responded to the RFE spilling all the beans about my wife’s lay-off < 180 days, etc. That got us really scared and worried. We kept hoping and praying that our cases be approved, didn’t matter even if it took some time as long as it wasn’t a denial. I also kept looking up info on AC21, and reading the Aug 2003 memo from William Yates about a 100 times made me feel that murthy.com, shusterman.com were right in that as long as the 485 remained unadjudicated for 180+ days it didn’t matter when you were laid off or changed jobs as long as the job was in the same or similar category. That gave me some confidence.
Then this nice home which we had seen in Nov 2003 had come back on the market. We decided to take the chance and made an offer on June 15; our offer was accepted the next day. We were still anxious since we were gambling with our life savings that would go as down payment. Then this morning when I saw the approval, all the pent up stress, steam and all that negative energy that had built up over these years suddenly started dissipating. My wife hasn’t been to India for the past 5 years. She was extremely excited, rather relieved with the news. Now we’re looking forward to moving into the new home and making an India trip soon. I'll be around to answer any questions, old habits die hard. Best wishes to all of you.
bunchofquestion
Registered Users (C)
Congrats
Congrats and enjoy your freedom. Did you apply for EAD/AP #3? I got my EAD #3. But still contemplating to apply for AP #3. I am not sure if that would help trigger my 485 approval as we have done our FP2 on May 13th. RFE received on March 3rd.
Thanks
Congrats and enjoy your freedom. Did you apply for EAD/AP #3? I got my EAD #3. But still contemplating to apply for AP #3. I am not sure if that would help trigger my 485 approval as we have done our FP2 on May 13th. RFE received on March 3rd.
Thanks
nagpurichokra
Registered Users (C)
Mavishka
Congratulations. Great news and great story!! Hope to see you around to guide new entrants.
Congratulations. Great news and great story!! Hope to see you around to guide new entrants.
GC_candiadate
Registered Users (C)
Congrats! One more senior guy off the list.
Looks like a long wait for my case as on FP yet for ND 03/31/03. All others hurdles are clear like 140, EAD & AP. LUPDATE on my case is 04/02/2003
Looks like a long wait for my case as on FP yet for ND 03/31/03. All others hurdles are clear like 140, EAD & AP. LUPDATE on my case is 04/02/2003
I140-June2003
Registered Users (C)
Congrats!!!!!!!!!!!!!!!!!!
pingpong02
Registered Users (C)
Congrats on your approval.
Hey Mavishka...
Congratulations on your approval, I guess i missed your news on Friday due to a very busy schedule @ work.
I wish you all the best for the future. Seems like my turn may come any day now... again a new life I got after seeing your approval.
Enjoy your freedom!
Congratulations on your approval, I guess i missed your news on Friday due to a very busy schedule @ work.
I wish you all the best for the future. Seems like my turn may come any day now... again a new life I got after seeing your approval.
Enjoy your freedom!
tshar:
Thanks for your best wishes. Yes, I was happy to see your approval, and thought mine would happen soon after yours since our dates match up pretty well. Though it happened almost a month after yours I'm happy and relieved. Let me know how your passport experience was, or point me to it. Thanks.
Thanks for your best wishes. Yes, I was happy to see your approval, and thought mine would happen soon after yours since our dates match up pretty well. Though it happened almost a month after yours I'm happy and relieved. Let me know how your passport experience was, or point me to it. Thanks.
Mavishka -- cannot find my own link that I posted in the board! How sad!
Anyway -- stamping experience was good. Went in around 10. Took the token number. Got the FP done and was given the I-551 form ( we were told to be very careful not to write anything on it!). We were called around 12 pm. The officer took the EADs/APs. Asked us to put the address where we want the card to be sent (the original copy had the lawyer's address on it). I had the H-1 receipt attached to the passport, he took that as well (I don't know why he bothered because it was a OLD one), the I-94s. That was it. Done in 5 minutes.
On the sidenote -- the stamp looks rather ordinary!! Don't ask what I was expecting -- but I certainly was expecting something better then what the stamp is now!!
Good luck and hope the stamping process goes well for you!
Anyway -- stamping experience was good. Went in around 10. Took the token number. Got the FP done and was given the I-551 form ( we were told to be very careful not to write anything on it!). We were called around 12 pm. The officer took the EADs/APs. Asked us to put the address where we want the card to be sent (the original copy had the lawyer's address on it). I had the H-1 receipt attached to the passport, he took that as well (I don't know why he bothered because it was a OLD one), the I-94s. That was it. Done in 5 minutes.
On the sidenote -- the stamp looks rather ordinary!! Don't ask what I was expecting -- but I certainly was expecting something better then what the stamp is now!!
Good luck and hope the stamping process goes well for you!