Concurrent filing 140/485 Tracker-CSC

H1 Visa extension after getting EAD and Parole?

Hi GC Gurus,

I have entered US on JUN 06 '98 on H1B. For the past 6 years I'm working for the same Consulting company. I have applied for Labor on Nov 2002 in California and I got my Labor cleared on Apr 2005 and applied I140 and I485 ( EB3 ) together on May 27 '05 ( also for my wife).

We got the EAD and advance parole within two weeks - Jun 15 2005
EAD VALID FROM 06/15/05 Expires 06/14/2006
Advance Parole Expires 06/14/2006

Still I140 and 485 is in pending. The visa status says that " It will take 270 days to 300 days for processing".

My 7th year extension H1B Expires 09/30/2005. My attorney suggested to go for 8th year H1B Visa extension.

My questions are

- Since I had valid EAD upto June 2006 .Do I really need to go for Visa
extension?
- If I go for H1b extension,Can I switch the company using my EAD?
- Is it possible for my wife to use her EAD to work independently?

Thanks in Advance

VAnand :confused:
 
vanand said:
Hi GC Gurus,

I have entered US on JUN 06 '98 on H1B. For the past 6 years I'm working for the same Consulting company. I have applied for Labor on Nov 2002 in California and I got my Labor cleared on Apr 2005 and applied I140 and I485 ( EB3 ) together on May 27 '05 ( also for my wife).

We got the EAD and advance parole within two weeks - Jun 15 2005
EAD VALID FROM 06/15/05 Expires 06/14/2006
Advance Parole Expires 06/14/2006

Still I140 and 485 is in pending. The visa status says that " It will take 270 days to 300 days for processing".

My 7th year extension H1B Expires 09/30/2005. My attorney suggested to go for 8th year H1B Visa extension.

My questions are

- Since I had valid EAD upto June 2006 .Do I really need to go for Visa
extension?
- If I go for H1b extension,Can I switch the company using my EAD?
- Is it possible for my wife to use her EAD to work independently?

Thanks in Advance

VAnand :confused:
Click to expand...
You don't *need* to go for visa extension. When you have an I-485 Adjustment application pending, you have been authorized by the Attorney General to remain in the U.S. lawfully while your application is pending. Therefore, technically, you and your
wife do not need a nonimmigrant status (H-1B/H-4) in order to remain legal and work in the U.S.

However, its advisable to maintain your nonimmigrant H* status while the AOS is pending in the event there were problems or delays with the AOS application. Moreover, individuals in H status have the option of traveling EITHER on a valid AP document OR a valid H-1B/H-4 visa stamp, therefore having both tracks simultaneously provides additional flexibility.

You can switch companies even if you get H1B extension. You will accept the new job based on your EAD though if you utilize job portability.

Your wife can use her EAD independently. However, I think she will have to return on the AP when she travels internationally and returns though.
 
PD or FIFO?

I am new to this forum and my application will go to Texas. I have a general question so am posting it here.

Are the i485 applics processed according to their LC PD or in FIFO according to ND?

Thanks for your replies.

Baawraa!
 
GC_Baawraa said:
I am new to this forum and my application will go to Texas. I have a general question so am posting it here.

Are the i485 applics processed according to their LC PD or in FIFO according to ND?

Thanks for your replies.

Baawraa!
Click to expand...

I_485 Processing is based on RD/ND as long as Visa Number is available.

I_140 processing is based on RD/ND only.
 
GP to the rescue

gp111 said:
I_485 Processing is based on RD/ND as long as Visa Number is available.

I_140 processing is based on RD/ND only.
Click to expand...

Thanks GP!

It would have been nice if there was a GP that had applied to the TSC. :) The TSC 140 tracker is quiet. :eek: Maybe because their apps are processed quickly and so there's no need to track status. ;)

Do you have any estimate on how quickly CSC and TSC are approving 140/EAD/AP/485 for "desis"?

Thx - Baawraa!
 
HopeAlive said:
You don't *need* to go for visa extension. When you have an I-485 Adjustment application pending, you have been authorized by the Attorney General to remain in the U.S. lawfully while your application is pending. Therefore, technically, you and your
wife do not need a nonimmigrant status (H-1B/H-4) in order to remain legal and work in the U.S.

However, its advisable to maintain your nonimmigrant H* status while the AOS is pending in the event there were problems or delays with the AOS application. Moreover, individuals in H status have the option of traveling EITHER on a valid AP document OR a valid H-1B/H-4 visa stamp, therefore having both tracks simultaneously provides additional flexibility.

You can switch companies even if you get H1B extension. You will accept the new job based on your EAD though if you utilize job portability.

Your wife can use her EAD independently. However, I think she will have to return on the AP when she travels internationally and returns though.
Click to expand...
Thanks a lot HopeAlive.
Decided to go for 8th year H1B extension.
 
Hi Gp:

My I-140/1-485/AP/EAD applications were sent to USCIS on JUL-15-2005, so far haven't received the receipts. How long does it take to get a receipt. Please let me know. Our Attorney told us, it will take three to five weeks. But I checked with others and they told me that usally it will take a week or two get a receipt.

Thanks
 
sr1234 said:
Hi Gp:

My I-140/1-485/AP/EAD applications were sent to USCIS on JUL-15-2005, so far haven't received the receipts. How long does it take to get a receipt. Please let me know. Our Attorney told us, it will take three to five weeks. But I checked with others and they told me that usally it will take a week or two get a receipt.

Thanks
Click to expand...
We received the receipts just after 2 weeks. Don't worry, yours must be in the mail.
 
Using pre_approved LC (Virginia)

Hi All,
I'm about to use a RIR, EB3 pre-approved LC, my 6 yrs H-1B visa will be expired on Sep. 2006. In addition, I have my own RIR, EB3 pending case with more than 365 days. My lawyer is trying to apply concurrent I-140/I-485.
My question is, can I apply for my 7 yrs extension with I-140/I-485 pending since I'm using substitution?
Or, can I use my own RIR, EB3 LC pending in order to apply for 7 yrs extension since I have already applied for I-140/I-485?
How long does it take to get approval for I-140 and I-485?
Has anyone used pre_approved LC before? Is it possible to get denied?


I really appreciate your response,
roro13
 
sr1234 said:
Hi Gp:

My I-140/1-485/AP/EAD applications were sent to USCIS on JUL-15-2005, so far haven't received the receipts. How long does it take to get a receipt. Please let me know. Our Attorney told us, it will take three to five weeks. But I checked with others and they told me that usally it will take a week or two get a receipt.

Thanks
Click to expand...

Most cases it take 2 to 3 weeks.. Have you checked if your checks have been encashed ? If your bank show cleared checks online you can see your receipt numbers on back of the check.
 
roro13 said:
Hi All,
I'm about to use a RIR, EB3 pre-approved LC, my 6 yrs H-1B visa will be expired on Sep. 2006. In addition, I have my own RIR, EB3 pending case with more than 365 days. My lawyer is trying to apply concurrent I-140/I-485.
My question is, can I apply for my 7 yrs extension with I-140/I-485 pending since I'm using substitution?
Or, can I use my own RIR, EB3 LC pending in order to apply for 7 yrs extension since I have already applied for I-140/I-485?
How long does it take to get approval for I-140 and I-485?
Has anyone used pre_approved LC before? Is it possible to get denied?
I really appreciate your response,
roro13
Click to expand...

First thing, You cannot apply Concurrently (I-140 & I-485) using EB-3 labor before Oct 01 2005 as EB-3 visa numbers are unavailable right now.

When you reach your extension application time ( before 3 to 4 months of your H1 expiry date) you will have choice of applying based on pending LC (if still pending at that time), Pending I-140 (if still pending at that time), Approved I-140 & could not file I-485 (Retorgression) OR pending I-485..

You will get extension based on any of the about as applicable that time.
 
How about after Oct. 01?

Thanks for your reply gp111!

- Does Retrogression apply to Iranian (Since I'm an Iranian)?
- Can I apply concurrently after Oct 01?
- Since I'm using the Subs LC, would it be possible to using I-140 pending for 7 yrs extension H-1B (because the LC is not on my name yet)?
- Is there any chance of getting denied?

Much appreciated!
roro13
 
roro13 said:
Thanks for your reply gp111!

- Does Retrogression apply to Iranian (Since I'm an Iranian)?

Most Likely (99%) Retrogression will not affect any other countries but India & China.

- Can I apply concurrently after Oct 01?

Yes You can

- Since I'm using the Subs LC, would it be possible to using I-140 pending for 7 yrs extension H-1B (because the LC is not on my name yet)?

Yes You can as I-140 is in your name

- Is there any chance of getting denied?

If Qualifications / Experience in Sub LC & your own does not matches your I-140 can be denied.

If you have LC in hand & papers ready for I-140 do not wait to file concurrently, file I-140 now & I-485 on 1st Oct.. (Semi Concurrent)

Much appreciated!
roro13
Click to expand...
 
gp111 said:
Most cases it take 2 to 3 weeks.. Have you checked if your checks have been encashed ? If your bank show cleared checks online you can see your receipt numbers on back of the check.
Click to expand...

Thanks Gp and HopeAlive.

My attorney gave the check. I will wait for another week before I go back to Attorney for status check.

Regards
 
Last edited by a moderator:
Thanks for your response gp111!!!

The qualification matches, but the salary in LC is $55000 while i'm getting $50000.
- Would it be an issue?
- What is the difference between applying concurrent or semi cuncurrent?



Much appreciated,
roro13
 
roro13 said:
The qualification matches, but the salary in LC is $55000
while i'm getting $50000.

Current salary is not issue as long as the Employer is offering & able to give you the LC mentioned salary once you get GC

- What is the difference between applying concurrent or semi cuncurrent?

Difference will be in terms of saving some time. If you apply I-140 now, it will be 2 months ahead in queue for processing compare to Oct 05. There will be load of people filing I-140/485 in Oct because of new years quota & that might slow down the processing speed a bit.. Its in your advantage to file I-140 now, you never know your I-140 might get approved before Oct !



Much appreciated,
roro13
Click to expand...
 
Thank you so much gp111!!!

- Do you know how long does it take to get approval for I-140 and I-485 from Philadelphia? (Imagine Visa would be available in Oct01)
- Can i get EAD and AP after applying for I-140?
- Or do i need to apply for I-485 untill to get the EAD and AP?


I really appreciate your help,
roro13
 
Last edited by a moderator:
I-485 date not moved

USCIS CSC published the new processing dates today. I-485 date has not moved in last 2 updates (still April 1). Does anyone have any insight? I-140 has moved only 1 week; now May 2.

When is the September visa bulletin due?
 
This is the exact same thing that happened with Labor Certifications. Months would pass without a single days progress. And now that those labor certifications have been issued, its 140 and 485s turn to come to a stop. After another 2 years, USCIS will start a couple of Backlog Reduction Centers to clear the 140/485 backlogs - or even better - just retrain the staff at the existing DBEC/PBEC to adjust status. Its beautiful, and perfect. By that time DBEC/PBEC will be done processing labour certifications and the staff wont be have to be laid off . And when that happens, we'll all bounce back to the Dallas Backlog Processing thread that many of us just quit or are hoping to quit. Nice going USCIS ...

I-485 date not moved
USCIS CSC published the new processing dates today. I-485 date has not moved in last 2 updates (still April 1). Does anyone have any insight? I-140 has moved only 1 week; now May 2.

When is the September visa bulletin due?
__________________
DOT: 999.151-032
LC PD: 05/30/2002, RD: 04/14/2003, Approved: 06/06/2005
I-131 ND: 07/02/2005, Approved: 07/23/2005
I-765 ND: 07/02/2005, Approved: 08/02/2005
I-140/I-485 ND: 07/02/2005
Reply With Quote
 
Does anybody have the same situation??

So far I can not check my application status online or through phone system although I already got the notice of action letter for several weeks.

According to current process time, I should receive my EAD card soon. But there is no way to check it out. I am very worry about that. I called USCIS and USCIS services were very rude. I got nothing with holding a phone for 30 minutes. So upset I read in this forum before. Somebody can send an email to USCIS when they had problem to follow their case status. May I know the email address. I am very appreciate with your help if you can share some info. or exprience.

Here is my info below.

EB2/RIR
I-140 --- RD July 7, ND July 22
I-485 --- RD July 7, ND July 22
I-765 --- RD July 7, ND July 22
 
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