Concurrent filing 140/485 Tracker-CSC

sumesh

Registered Users (C)
October 2005 Visa Bulletin

I am amazed on the way they handle things . Retrogressed EB2 to Nov 99 and EB3 to 98??? What is going on here? I thought Bush made a commitment on 180 day or so expedited approvals on all cases and this is why they came up with Perm thing. Now we are talking about many many years of wait. Its good for people who have not seen any approvals and have been waiting for several years while others more recently got approvals out of line. You would hope they better not go out of line on first in first out policy. God help the immigrant community. My PD date being Jan 2002, I am thinking about how many times will I have to renew my EAD and AP and how much money will I have to spend until the approval! Its not good. EAD is issued only for one year increment basis and it will end up taking about 6-9 months in the future. That means to remain in status one will have to apply for renewal as soon as USCIS allows.

I am skeptical on the whole thing, there might be something else in the pressure cooker for the immigrants in the future.
 
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piyushb

Registered Users (C)
Retrogression does not affect filed applications

People please correct me if I am wrong. My understanding is that if I-485 has already been filed, retrogression would have no impact!! New applications with PD later than the cut off dates will not be accepted.
 

earthquake

Registered Users (C)
EAD Extension

My EAD is valid till May 06. There is no sign of I-485 approval as my I-140 is still not approved. I-140 and I-485 were filed concurrently on 03/31/05 from CSC. Fingerprinting is also done since and I also have received APs.
With the I-485 retrograted dates as per Oct. visa bulletin as Nov. 1999, my EAD would need to repeated extensions till I fall within the cut off date !!!
Can anyone tell me when I need to apply for EAD extension. What is the USCIS requirement for EAD extensions - when/how many days before the current EAD expires?? I believe EAD extension (I-765) can be e-filed.
An answer would be appreciated.
 

earthquake

Registered Users (C)
piyushb said:
People please correct me if I am wrong. My understanding is that if I-485 has already been filed, retrogression would have no impact!! New applications with PD later than the cut off dates will not be accepted.


I DON'T THINK SO !!! READ THIS EXTRACT FROM www.immigrationlawgroup.net

"Additionally, if you filed your I-485 or consular processing application while your priority date was current, but your priority date is no longer current due to a further roll-back in priority cut-off date, your application will remain pending but it will not be adjudicated until your priority date is once again current. However, since pending I-485 applications will continue to be considered pending for the purpose of applying for employment authorization documents (EAD) and advance parole documents, it is still beneficial to at least have filed for I-485."
 

cavenkat

Registered Users (C)
Can you please help me answer this?

I got labor approved just 20days back. I gave all the papers for I-140 & I-485 to Attorney and he will be applying any time. Can he apply both and if the application reaches before this month end, will I am covered atleast getting EAD,AP? To Adjust the status (I-485), Priority date should be current. But can I get EAD and AP? Pls. let me know.
 

HopeAlive

Registered Users (C)
On a positive note, my I-140 got approved yesterday. Same with my friend who works in the same company.
 
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LCA - 01

Registered Users (C)
cavenkat said:
I got labor approved just 20days back. I gave all the papers for I-140 & I-485 to Attorney and he will be applying any time. Can he apply both and if the application reaches before this month end, will I am covered atleast getting EAD,AP? To Adjust the status (I-485), Priority date should be current. But can I get EAD and AP? Pls. let me know.

You can apply I-140/I485 before end of this month if you are applying in EB-2. You'll be eligible for EAD, AP and AC21 ( Change job after 180 days of I-485 filing) once you apply I-485. I would suggest to keep pressure on lawyer and make sure that you apply I-485 before end of this month.

Good luck.
 

roro13

Registered Users (C)
Congradulations HopeAlive!

Thanks for your update!

- Is there anyone who have got approval on I-140 from VSC recently?
(I'm trying to figure it out how long it would take by average?)
 
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piyushb

Registered Users (C)
Hi earthquake,

Thanks for the information.

Cheers
Piyush.

earthquake said:
I DON'T THINK SO !!! READ THIS EXTRACT FROM www.immigrationlawgroup.net

"Additionally, if you filed your I-485 or consular processing application while your priority date was current, but your priority date is no longer current due to a further roll-back in priority cut-off date, your application will remain pending but it will not be adjudicated until your priority date is once again current. However, since pending I-485 applications will continue to be considered pending for the purpose of applying for employment authorization documents (EAD) and advance parole documents, it is still beneficial to at least have filed for I-485."
 

satyen_2003

Registered Users (C)
wifes 485 pending

Guys,

My 140 and 485 has been approved, i got my card also. But my wife's 485 is still pending. She already got her EAD card, finger printing done.

Since she is not a primary applicant is she affected by retrogation?
 

cavenkat

Registered Users (C)
Thankyou very much

LCA - 01 said:
You can apply I-140/I485 before end of this month if you are applying in EB-2. You'll be eligible for EAD, AP and AC21 ( Change job after 180 days of I-485 filing) once you apply I-485. I would suggest to keep pressure on lawyer and make sure that you apply I-485 before end of this month.

Good luck.
 

piyushb

Registered Users (C)
She would be impacted by the retrogression :(

satyen_2003 said:
Guys,

My 140 and 485 has been approved, i got my card also. But my wife's 485 is still pending. She already got her EAD card, finger printing done.

Since she is not a primary applicant is she affected by retrogation?
 

mnhrdc

Registered Users (C)
satyen_2003 said:
Guys,

My 140 and 485 has been approved, i got my card also. But my wife's 485 is still pending. She already got her EAD card, finger printing done.

Since she is not a primary applicant is she affected by retrogation?

She is affected Check this
http://www.immigration-law.com/

Q: The employment-based I-485 application has been approved for me but my wife's and children's applications are still pending because of documentation or other issues. What will happen to them on October 1, 2005?
A: The priority date for family members (spouse and children) is determined by and same with the principal alien's. If the October Visa Bulletin shows their priority date is later than the cut-off, the USCIS or the American Consular officers cannot approve their pending I-485 until the first date of the month when their priority date is available in the monthly visa bulletin.
 

nother1inline

Registered Users (C)
mnhrdc said:
She is affected Check this
http://www.immigration-law.com/

Q: The employment-based I-485 application has been approved for me but my wife's and children's applications are still pending because of documentation or other issues. What will happen to them on October 1, 2005?
A: The priority date for family members (spouse and children) is determined by and same with the principal alien's. If the October Visa Bulletin shows their priority date is later than the cut-off, the USCIS or the American Consular officers cannot approve their pending I-485 until the first date of the month when their priority date is available in the monthly visa bulletin.

What are you filing dates man?I am still waiting to hear on my EAD!!
 

mnhrdc

Registered Users (C)
nother1inline said:
What are you filing dates man?I am still waiting to hear on my EAD!!

The story "Penny wise Pound Foolish"
Company Policy is to be Frugal

Morons didnt know about emails are free and immediately delivered to there desktops. They used to corrosponded between HR and Attorney by regular US snail mails and it took almost 3 weeks to get to the right one set of documents at attorneys place. The distance betwen these places is only 10min drive.

They were trying to make me believe that they cant use Fedex to send it to PO box . (Actually they wanted to save few $ in mail cost)

When i raised my concern in writing to HR what if snail mail doesnt reach the centre by 30th Sept and also sent them the link where Fedex addressed PO box is accepted. They finally sent it on 23rd by Fedex saying that they did a special favour and not to devulge to other fellow collegues (I-140 cases) whose were sent by snail mail.

Now i have crossed my fingers that there are not any Earth Quakes in California so that mail reaches well in time before 30th Sept.

You guessed right who was this HR immigrant woman from India
 
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