Concurrent Filing I140 & I485 Nebraska Service Center

Km-MP..

I am planning to go to Local INS for EAD..and give it a shot...One of my friends got his AP from Local INS last week(Newark,NJ)..so hoping they mit do the EAD also.
WIfe's EAD RD is 09/03. So want to till 12/03 and then go....
 
485 status changed after FP

I did my FP about two weeks back. The new message on the status website is as follows.

the results of your fingerprint review for your I485 APPLICATION TO ADJUST TO PERMANENT RESIDENT STATUS were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.


AMN
 
parshu,

Please let us know after your visit to local INS. I am also waiting for an EAD to change a job. My I-140 was approved on Oct. 29, but my I-765 was received on Oct. 29.

KM-MP,

Are you sure there is no more on spot EAD even your application has been filed for three months without a response?

Lao-Yi
 
EAD local INS

Do u guys think that still you would be able to get EAD from local INS while your case is pending in Service Center. Did not they freeze it since 20th. NOV. Or this is the case for only my Local INS.
Let us know if you guys obtain EAD from LOCAL INS from now on.
 
My AP was approved and my lawyer received the original copies of it. Why does it take time for EAD??????????????


Parshu
Do let us know what your local INS said. I will be waiting for your answer.

Advance wishes to you.................

Lao-Yi

I don't no the answer for your question. It been less than three months since I filed my I-485 (ND 09/13/2002 RD 08/30/2002).

Online status is not updated and my I-140 was approved on Nov 12th.

Only one of my friend visited the local INS office three months back because his wife did not get her EAD for about 7 months from ND of I-485.

If I havn't answered your question then I understood your question wrong.......... repeat your question.
 
Hi M2002. I wont be too concerned about it as long as it isnt 7/2001. Because this should not affect our 485 processing time as long as I-140 will be approved before 485.

Obvioulsy I would prefer it approved sooner than later. Also I think the processing time may not apply to us concurrent filers since I have seen quite a few 140's being approved later than 7/2002.
Maybe INS has just gone to sleep due to holiday season.

So good luck to all of us !!!
 
I 140

Same boat waiting for I 140 . sent reply to rfe , it reached ins on nov8th. hopefully
they start working on it. Do you guys know if ins is open today.
 
Re: I 140

I think INS is closed today.....Not to sure.

Regards

Originally posted by sirisha76
Same boat waiting for I 140 . sent reply to rfe , it reached ins on nov8th. hopefully
they start working on it. Do you guys know if ins is open today.
 
Travelling on Advance Payroll is Risky???

Hello Guys,

INS released a advisory what mentioned that travelling on AP may have serious consequence when AOS is pending? What does that mean? Even though if someone maintained valid status all the time, he might have problem coming on AP?

Do you guys have any idea? Please read the article and throw some thoughts. Also if anyone of you already know the lawers analysis on this, please post here:


http://www.ins.gov/graphics/publicaffairs/advisories/02.11INSISSU.htm
------------------------------------------------------------------------------------




November 14, 2002

INS Issues Foreign Travel Advisory for Aliens
With Pending Immigration Applications

The Immigration and Naturalization Service (INS) reminds aliens who have applied to adjust status to that of permanent resident that they must obtain Advance Parole (Form I-131-- Application for Travel Document) from the INS before traveling abroad (see INS Travel Advisory Questions and Answers). Travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status. Such aliens may be unable to return to the United States, their applications may be denied, or both.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.

INS urges all aliens with pending applications for adjustment of status to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the INS National Customer Service Center at 1-800-375-5283, or the INS web site: www.ins.gov before making any foreign travel plans.

-INS-

------------------------------------------------------------------------------------

Also, on FAQ I got.


Q6. Can travel abroad still have severe consequences for certain aliens, even if they have obtained Advance Parole?

A6. Yes, due to changes to U.S. immigration law, travel outside of the United States may have severe consequences for certain aliens who are in the process of adjusting their status or changing their nonimmigrant status. Such aliens may be found inadmissible to the United States upon return and/or their applications for adjustment or change of status may be denied.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after accruing certain periods of unlawful presence in the United States can be barred from admission, even if they have obtained Advance Parole. Those aliens who are unlawfully present in the United States for 180 days but less than one year become inadmissible for three years; those who are unlawfully present for more than one year become inadmissible for 10 years.

Aliens who have concerns about their admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
____________________________________________________

Therefore, they are mentioning clearly that anyone can have serious consequences even he/she travel on AP.
 
Has anyone of you travel on AP lately??

Hello Folks,
Has anyone of you travel on AP lately after Nov. 2002? How did it go? I posted another message regarding INS advisory about travelling on AP. They mentioned about the serious consequences can take place for ppl travelling on AP.


Please post here, if you know something about it.

http://www.ins.gov/graphics/publica...2.11INSISSU.htm
 
I-140 Question

Hi,

Can any one tell me what is the difference between different I-140s, like A, B, C, ..... I see lot of categories there.

Mine is EB2/RIR and having M.S. in computer science from USA. Which category I am going to be??

For your information, I-140D's processing date was 7/26/2002 one week back. But now it is saying 4/18/2002.

Does the processing date will go back???

Thanks in advance.
 
I am confused with this AP

Hello folks,

My friend is getting married in Feb but his H1 is valid only till Jan 2003.

He has got his AP, EAD and FP done. It has been 3 months since he applied his 485.

Can he now travel outside the US and come back with no problems?

Please post ..

Thanks
 
Travelling on AP


The msg is indeed quite clear: Only People who have accumuilated days of UNLAWFUL PRESENCE are at risk. As most of the users of the forum may know, unlawful presence starts when a person stays in the US beyond the date authorized in I 94. It is different from Out of status. So, if I 94 specifies a date , then any stay beyond that date wityhout applying to INS for extension constitutes unlawful presence. Accumulation of unlawful presence is not cumulative. Also note that only unlawful presence in excess of 6 months is penalozed.
 
Hi wxm8, JBM, Sahin and gurus

I am planning to go to India on 7th of this month.
I have not applied for AP since I have a valid H1 visa(till october 2003).

I am going to India along with my wife she has valid H4 till october
2003.

Is it ok if i dont have AP can wegoto India and reenter on H1 and H4?

please give me some feed back!

Nanaji
 
Nanaji999

You certainly can. In fact this is the best idea to travel on H1/H4 visa instead AP. Dont even flash AP. Just use your H1/H4. You would be fine. If you read FAQ about AP in INS website, they says if you have valid H1/H4, you can use that even though you have applied for AOS.


So just obtaining AP does not mean that you have to use this.


SO, cheer up. Have a good trip.
 
raja1965

hello Raja,
I understand what you have said. The only thing I did not understand, why INS released that in recent days again. This is true from 1996. In fact they mentioned that at the later part of the advisory. Did they mean something new about travelling on AP? I was just confused.
 
Hi Sahin

Thank you verymuch man!

I am planning to change my company after coming back from India
some time in April 2003, so I am applying for AP tomorrow!( my friends will post the approval notice if it is approved when I was in India)
But while entering into USA in January 2003 I will use H1B.
I can do that right?
Nanaji
 
Re: 485 status changed after FP

I did my FP on 11/15, but my I485 status checked online and AVM is still the same as before:

Your I485 APPLICATION TO ADJUST TO PERMANENT RESIDENT STATUS was received on October 08, 2002. We mailed you a receipt with information about processing. It is taking between 420 and 450 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

Does any one know usually how long it takes for INS to update the status after FP was taken? Thanks.


Originally posted by AMN
I did my FP about two weeks back. The new message on the status website is as follows.

the results of your fingerprint review for your I485 APPLICATION TO ADJUST TO PERMANENT RESIDENT STATUS were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.


AMN
 
cgf2002

My FP was done on 10/18/02 and the status message is still the old one. I called FBI and was told the result was sent to INS the day after. I do not know why the status has not been updated. Probably I should call INS to ask.
 
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