Concurrent filing 140/485 Tracker-CSC

[WaitingInHell]

This is how it works...

If you plan to travel outside the country while your I-140/485 is still pending, you should travel with your Advance Parole document. Apply for Advance Parole if you haven't already, it takes almost 60 days to get it. Once it is approved and you received it, then only you can travel outside the US. It is not that the INS won't let you back into the country without AP. But if you travel without AP, your I-140/485 will be invalidated and you have to apply your I-140/485 application all over again. But if you travel with AP and you SHOWED it to the INS officer at the time of entering the country then you are safe even if your I-485 is approved while you were outside the country. Do NOT travel outside the country without AP. Hope the info helps you.

(This IS the right forum as long as the question is not about Home Theater Sytems )

Best of luck!

I am not sure if this is the most correct forum to ask this question in --

I wish to travel outside the country on my H1, while 140/485 are pending. What would be the procedure to re-enter the country if 485 is approved while outside the country.

Thanks

 

[I140helppls]

re:

wth.
to add to the question .. if the person is working on an H1B while his I140 is approved and I485 is pending and also has an EAD, will he by travelling on AP come automatically on EAD status and in the process invalidate his H1B.

 

[globus]

This is how it works...

If you plan to travel outside the country while your I-140/485 is still pending, you should travel with your Advance Parole document. Apply for Advance Parole if you haven't already, it takes almost 60 days to get it. Once it is approved and you received it, then only you can travel outside the US. It is not that the INS won't let you back into the country without AP. But if you travel without AP, your I-140/485 will be invalidated and you have to apply your I-140/485 application all over again. But if you travel with AP and you SHOWED it to the INS officer at the time of entering the country then you are safe even if your I-485 is approved while you were outside the country. Do NOT travel outside the country without AP. Hope the info helps you.

(This IS the right forum as long as the question is not about Home Theater Sytems )

Best of luck!

Thanks a lot for the clear reply.

 

[csc_pawn]

JIT? LUD? what does it mean?

Hello,

I am new there and I was wondering what JIT stands for.
I think that LUD is "Last Updated Date" but I am not sure either.

Would you please let me know?

 

[WaitingInHell]

I think you posed this question to me, if it is, then I am not sure if I understood it properly. But let me try to answer your question, the way I understood it.

Applying and getting EAD does NOT automatically invalidate your H1-B visa. But your H1-B will be invalidated once you use your EAD for employment purposes; it can be the same (current) job or a second/another part time job. Once you used your EAD (and AP), your H1-B is gone for a toss and stick with your EAD. But in any case, if your I-485 is still pending, you should use AP to travel outside of the country. Hope the info helps you.

Best of luck!

wth.
to add to the question .. if the person is working on an H1B while his I140 is approved and I485 is pending and also has an EAD, will he by travelling on AP come automatically on EAD status and in the process invalidate his H1B.

 

[iamyoohoo]

Pl. keep us updated

Hello Everyone ,

My company got merged with another company as of today.


My attorney is recommending to do one of the following ...

Hey 911, please keep us updated on what you choose, i will probably be in the same situation and want to be prepared ....

 

[fivemiletom]

I think you posed this question to me, if it is, then I am not sure if I understood it properly. But let me try to answer your question, the way I understood it.

Applying and getting EAD does NOT automatically invalidate your H1-B visa. But your H1-B will be invalidated once you use your EAD for employment purposes; it can be the same (current) job or a second/another part time job. Once you used your EAD (and AP), your H1-B is gone for a toss and stick with your EAD. But in any case, if your I-485 is still pending, you should use AP to travel outside of the country. Hope the info helps you.

Best of luck!

Hi WaitingInHell, this contradicts somewhat what my lawyer said:
- If you continue working only for the employer sponsoring both GC and H1B AND H1B is going to be valid during the whole process, you will need neither an AP nor an EAD,
- If you want to work for someone else (in addition or alternatively) you need the EAD for that.
- You need the AP if you travel and you can not use the H1B anymore (because it expired or you are not working with the employer anymore)

 

[WaitingInHell]

Hi fivemiletom,

I think that's exactly what I meant, but let me clarify it again...if you already have and going to have a valid H1B visa for the entire period of GC processing and want to continue then you don't need an EAD. But if you choose to or have to use your EAD for ANY employment purposes, then you have to stick with your EAD and you basically gave up your H1B at that point. You cannot switch your status back forth based on your need or wish, no matter who sponsored your GC/H1B. We are dealing with INS here, so! No attorney would suggest you to do that either.

Come back to AP, irrespective of your H1B status or validity, if you want to travel outside US while your I-485 is still pending, then you NEED to have AP and SHOULD USE it at the time of entering the country. And AP has nothing to do with your EAD or your H1B visa.

I did enough research on this matter and acted accordingly, but you don't need to take my word for it, talk to your attorney before you do anything.

Best of luck!

Hi WaitingInHell, this contradicts somewhat what my lawyer said:
- If you continue working only for the employer sponsoring both GC and H1B AND H1B is going to be valid during the whole process, you will need neither an AP nor an EAD,
- If you want to work for someone else (in addition or alternatively) you need the EAD for that.
- You need the AP if you travel and you can not use the H1B anymore (because it expired or you are not working with the employer anymore)

 

[honeybee]

WaitingInHell,

Just a correction to your advice.

Hi fivemiletom,

Come back to AP, irrespective of your H1B status or validity, if you want to travel outside US while your I-485 is still pending, then you NEED to have AP and SHOULD USE it at the time of entering the country. And AP has nothing to do with your EAD or your H1B visa.

-- You can come back on H1B visa if H1B visa is still valid and you are not using EAD to work. Just make sure that at Port of Entry, show them your I-485 receipt so that the officer can make an entry in computer.

-- Honeybee

 

[fivemiletom]

Hi fivemiletom,

I think that's exactly what I meant, but let me clarify it again...if you already have and going to have a valid H1B visa for the entire period of GC processing and want to continue then you don't need an EAD.

Right, no question there.

But if you choose to or have to use your EAD for ANY employment purposes, then you have to stick with your EAD and you basically gave up your H1B at that point. You cannot switch your status back forth based on your need or wish, no matter who sponsored your GC/H1B. We are dealing with INS here, so! No attorney would suggest you to do that either.

Have no other information on this point and will take your word for it.

Come back to AP, irrespective of your H1B status or validity, if you want to travel outside US while your I-485 is still pending, then you NEED to have AP and SHOULD USE it at the time of entering the country. And AP has nothing to do with your EAD or your H1B visa.
I did enough research on this matter and acted accordingly, but you don't need to take my word for it, talk to your attorney before you do anything.
Best of luck!

I agree with AP (and also EAD) having nothing to do with the H1B. And for exactly this reason, my lawyer said it was not necessary to get an AP if you already can travel legally with your current H1B visa. Just as it was not necessary to get an EAD if any of your employement is covered already with your current valid H1B.

But, not very interesting topic to discuss further; any recent approvals for I140/I485?

Best of luck to you, too.

 

[hate140delay]

Hello Folks!

We have filed (me & my Spouse) our EAD/AP/140/485 together and the receipt date reads it as 09/03/04 in CSC. We have got our EAD/AP approved on 10/28/04. Meanwhile, Our Finger Printing also done and USCIS received FP results on 10/19/04. Please do remember this is a labor substitute case (EB3). If that was a case and as I'm expecting my status to change, all of a sudden I get the status updated on the USCIS website as given below for all the petitions (EAD, AP, 140 & 485) and that is only for me. My spouse’s nothing has changed.
On November 4, 2004, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283.
Has any one experienced this kind of situation and if so, could you kindly post the information on this forum?
My lawyer has submitted all the documents including medical records, photos, birth certificates, marriage certificate, etc.

Any help would be greatly appreciated!!!

vasu_ak,
Today the 485 and 131 (AD) message for my wife changed to what you have - "On November 10, 2004, we responded to your request for more information concerning your case. If you have not received our response within 30 days from this date, please call customer service at 1-800-375-5283." I suspect this is because of the Inquiry my wife did a week back.

However your case is pretty recent, and you would not have done an inquiry yet, check with your lawyer, and keep this forum posted with whatever you get from USCIS.

 

[WaitingInHell]

Please let the information flow smoothly...

Honeybee & Fivemiletom,

You are right, you don't need an AP if you still have a valid H1B and haven't used your EAD...my fault, thanks for the correction!

And again, I don’t intent to advice anyone here as I am not an attorney...I posted the information that I think I know is valid. People like you can always correct me if I am wrong and I take it gracefully. I still believe this is an informational forum and don't expect anyone to make any decisions based on what I (or anyone) say here. Let’s not get personal here and please let the information flow smoothly.

Once again, thanks for the clarification!!

Right, no question there.

Have no other information on this point and will take your word for it.

I agree with AP (and also EAD) having nothing to do with the H1B. And for exactly this reason, my lawyer said it was not necessary to get an AP if you already can travel legally with your current H1B visa. Just as it was not necessary to get an EAD if any of your employement is covered already with your current valid H1B.

But, not very interesting topic to discuss further; any recent approvals for I140/I485?

Best of luck to you, too.

 

[I140helppls]

re:

waitinginhell
this is what i meant to ask.
i have a H1B approval that is valid for another 2 years and i am working on that h1 approval. however i dont have a h1b visa in my passport. now i am not using my ead .my question is that if i use AP to travel does it autmoatically force me to EAD and i have to start using EAD and give up my H1B.
OR I can use my AP to travel come back and still work on H1B since its valid(just i do not have the visa in passport)

 

[fivemiletom]

Sure WaitingInHell,

wasn't taking anything personal. Please keep up the good discussions!

The only thing I am taking somewhat personal is the delay for the I140 .
Well, that is unless you happen to be EB2 and picked up by the CSC pilot program. This is all very unfair I would say. Have you guys all signed this petition to speed up I140 processing?

Thanks
Fivemile

 

[onondaga]

i-140 wait

Hi All
Any idea how long the Vermont center is taking for I-140 approval for cases filed recently? Thanks for any info you can provde.

 

[gcforall2003]

Hi All
Any idea how long the Vermont center is taking for I-140 approval for cases filed recently? Thanks for any info you can provde.

Go to: https://egov.immigration.gov/cris/jsps/ptimes.jsp

and pick Vermont Service Center and you will get the latest processing times for all applications (including I-140).

Hope this helps.

 

[globus]

Retrogression

Hi,
Are there any speculations about EB2 retrogressing also?

Thanks

 

[Participant]

waitinginhell
this is what i meant to ask.
i have a H1B approval that is valid for another 2 years and i am working on that h1 approval. however i dont have a h1b visa in my passport. now i am not using my ead .my question is that if i use AP to travel does it autmoatically force me to EAD and i have to start using EAD and give up my H1B.
OR I can use my AP to travel come back and still work on H1B since its valid(just i do not have the visa in passport)

Earlier,it was the understanding that One can travel on AP,come back and be on H1(if one has not used EAD earlier and used only H1B) for employment .
But in recent chat Murthy gave this.
http://www.murthy.com/chatlogs/chat1018.html.
'Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo.'
Don't know whether this is a recent developement of applying H1 extension after AP entry.
better to Ask a lawyer as this contradicts some lawyer's opinion given earlier.

 

[hanuman_chalisa]

Please share experiences regarding Labor Substitution and I-485

I work for Biggest DB company in Bay Area, CA.
Labor filed for MS + 2 years of experience. At that time I had MS + 3 years!
Filed Original Labor in July 2001 in RIR-EB2 category
Got REJECTED in Dec 2003. According to lawyer this is mistake on DOL's part.

Pushed my HR and Lawyer for Substitution. They finally agreed, BUT
Said that "You cannot file CONCURRENTLY (I-140 and I-485) as, there is a risk. If for any reason my Labor-Substitution/I-140 got rejected, my I-485 would be void and i will have great difficulty getting I-485/GC in future."

So, i ended up filing I-140 with Labor Substitution.
I-140 filed with Substitution on July 14, 2004.

Now company policy has changed and is less conservative, they say i can file for I-485, BUT if for any reason I-140 gets rejected, I will have to bear the cost for subsequent I-485?

Some factors to consider:
1) EB3 category cases will have potential cut-off date in January. Meaning no more current.
Can this happen to EB2?
2) My wife is pregnant and due in February 2005. Some of Medical tests might not be possible.

What are your opinions? Should i wait for my I-140 to get approved or file I-485 right away?

Thanks/Dhanyavad!

 

[gcforall2003]

Filing a 485 alongwith 140 (making it true concurrent) is pretty common. There shouldn't be any problems as long as the requirements of LC being substituted are met.

Now coming to your questions:

1. Retrogression is expected only for EB-3 applicants. EB-2 should be fine (none of the immigration sites talk about EB-2 retrogression).
2. Filing of 485: I would say, go ahead and file your 485s (for you and your wife) so that you are atleast in the queue and can get the interim benefits (like EAD and AP). Also, you could invoke AC21 (after your 140 is approved and 485 has crossed 180 days of filing) if required.

The physician will advise what immunizations to administer for your wife (as she is pregnant). These days as you might have observed, there are lot of concurrent approvals of 140 and 485s. What might happen in your case is: they might issue a RFE on your wife's medicals (if any immunization was exempted as a result of her pregnancy)...you could then get it at that time and respond and you should get a approval.

Filing it earlier is always better than filing late.

Good Luck. Let us know how you decide.