Consolidated NSC I-485 Tracker

I'm beyond 6 yrs on 3 yrs extension based on

my I-140 approval, but i thought H-1B would be valid even though if I-485 gets denied.

The reason I'm saying is the H-1B is based on I-140 approval not I-485 pending.


Guys, please shed some lights on this matter.
 
You only get one kick at the can. You will have 'used up' the I-140 in a failed I-485. You can't use it again, so the EAD would die (due to failed I-485) and H1 extension would die (due to 'used' I-140). Your I-140 is only good up until the decision on your I-485.

Otherwise, there would never be failed I-485, as you would keep submitting it over and over based on the same I-140.

To be technically correct, you are allowed to be in H1 extendedd past 6 years because you have an 'ongoing' GC process. Only the length of each extension is determined by I-140 approval (3 yrs instead of 1). Your failed GC would end the entire H1 extension provision.
 
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So, In this case the only benefit of using H-1B would be

, not bothering of renewing EAD on time! Although we always need to renew it.
 
Do you have any pointers where lawyers discuss this on the Net? I spoke to my lawyer recently and understood that extended H1 would remain valid even after I485 denial...

nelsona said:
You only get one kick at the can. You will have 'used up' the I-140 in a failed I-485. You can't use it again, so the EAD would die (due to failed I-485) and H1 extension would die (due to 'used' I-140). Your I-140 is only good up until the decision on your I-485.

Otherwise, there would never be failed I-485, as you would keep submitting it over and over based on the same I-140.

To be technically correct, you are allowed to be in H1 extendedd past 6 years because you have an 'ongoing' GC process. Only the length of each extension is determined by I-140 approval (3 yrs instead of 1). Your failed GC would end the entire H1 extension provision.
Click to expand...
 
As far as I know based on what my Lawyer told me you are H1 is valid till the date of expiration, irrespective of your 485 status, that is the whole reason
for being on H1 status and not using EAD(in which case you are abandoning
your H status)


igor_ch said:
Do you have any pointers where lawyers discuss this on the Net? I spoke to my lawyer recently and understood that extended H1 would remain valid even after I485 denial...
Click to expand...
 
nelsona said:
Why would you bother a congressman for a case that was filed only 7 months ago?? No wonder they get nothing done in Congress. he didn't tell you anything that you could not have found out from USCIS.

Your case is progressing at a normal pace. As long as visa numbers don't run out before October, you should have your GC by the end of summer.
Click to expand...

I think it is better to any everybody and anybody after 3-6 months, to find out if name check is cleared, if not try to expedite it. Expecially people who spent 4-5 years to get labor cleared, we don't want to get stuck in name check for say couple of years??

and now with the fee increase it will be even pain to get EAD/AP for the family renewed every year. looks like commonsense to approve EAD/AP for 3 years instead of 1 yr. This way can't USCIS reduce lot of work on their side. my 2 cents...
 
csrini1 said:
...... now with the fee increase it will be even pain to get EAD/AP for the family renewed every year. looks like commonsense to approve EAD/AP for 3 years instead of 1 yr. This way can't USCIS reduce lot of work on their side. my 2 cents...
Click to expand...

What do you dream ? The EAD/AP application fee is cash cow for USCIS. I think they might be thinking to make EAD/AP 6 month renewals.
 
prince123 said:
What do you dream ? The EAD/AP application fee is cash cow for USCIS. I think they might be thinking to make EAD/AP 6 month renewals.
Click to expand...

For new I-485s, mailed after the rate hike, EAD andAP will be 'free'. ie included in the price of I-485.
 
nelsona said:
For new I-485s, mailed after the rate hike, EAD andAP will be 'free'. ie included in the price of I-485.
Click to expand...

Yes... And that will have a nice side effect - it will be a good incentive for USCIS to adjudicate most of I485 within 9 months of filing.
 
igor_ch said:
Yes... And that will have a nice side effect - it will be a good incentive for USCIS to adjudicate most of I485 within 9 months of filing.
Click to expand...

Unfortunately, for us, that will be a disincentive for clearing ols I-485s as our EAD/AP renewals will still net them a HUGE fee every year.

We are screwed, aren't we!
 
nelsona said:
Unfortunately, for us, that will be a disincentive for clearing ols I-485s as our EAD/AP renewals will still net them a HUGE fee every year.

We are screwed, aren't we!
Click to expand...

Isn't the fee hike and no fee EAD/AP scheme from July 1, 2007 onwards.
USCIS still has the chance to make much from those going to get stuck in the process ( more than the amount that would get if the folks applied in new fee scheme )
 
485 stuck

prince123 said:
Looks similar to my case. My labor rotted in Phily BEC and now started rotting
at TSC with namecheck blackhole. I applied I-485 in July 2006. I had LUD in Aug.206 after FP. After that nothing. A service request recently ( as latest as last month ) got me a letter from TSC that i am stuck in namecheck. Somthing tells me that i am in for a long wait. Personally ( friends circle ) i don't know anybody from India who cleared in 6 months. Both me and my wife are stuck. What all scre--ed up ways they search to make sure we are not bad fellas.
Click to expand...

So prince123, Do we have any hope or just be in the same status ?
 
prince123 said:
Isn't the fee hike and no fee EAD/AP scheme from July 1, 2007 onwards.
USCIS still has the chance to make much from those going to get stuck in the process (more than the amount that would get if the folks applied in new fee scheme )
Click to expand...

That is what I just said, our cases will still cost $700/yr to renew EAD/AP, plus what we've already spent.

New case will now get preferential treatment, as there will be a tendency to get these cleared in one year. Ours will continue to rot at $700/yr.

I'm renewing my EAD/AP in June.
 
New NSC Approval Theory

Dear NSC folks who are watching the screen on the computer without even blinking:
I want to cheer you all up with a theory of mine.

Presumption: Cases that have PD current are preadjucated.

Well here it goes. NSC is trying to prevent the retrogression because if they process a lot of caes then the next visa bulleting of July will have to be further adjusted by yet another dreadful retrogression. So they are waiting for the July bulletin to be realsed and then they can run their batch program to approve all the cases that are preajucated and have LUD of 8/19/2006.

Here are the reasons to believe this theory. How come so many cases at NSC have the same LUD of 8/19/2006. So they must have a way to filter those cases.

So my friends I thought I will give you cheerful positive message to keep us going for a week this Monday morning.
 
Where did you get this theory?

Where did you get this theory?
The reason why so many cases has LUD of 8/19/2006 could be NSC might backloged those cases, could be created a some form of Queue and not to worry about them till PD becomes available




Sheikhchilli said:
Dear NSC folks who are watching the screen on the computer without even blinking:
I want to cheer you all up with a theory of mine.

Presumption: Cases that have PD current are preadjucated.

Well here it goes. NSC is trying to prevent the retrogression because if they process a lot of caes then the next visa bulleting of July will have to be further adjusted by yet another dreadful retrogression. So they are waiting for the July bulletin to be realsed and then they can run their batch program to approve all the cases that are preajucated and have LUD of 8/19/2006.

Here are the reasons to believe this theory. How come so many cases at NSC have the same LUD of 8/19/2006. So they must have a way to filter those cases.

So my friends I thought I will give you cheerful positive message to keep us going for a week this Monday morning.
Click to expand...
 
nelsona said:
:confused:
Actually, your second point makes your first point incorrect. If your I-485 is denied and you have by then used up any remaining H1 time, you are finished, as you said. So, it would probably be better, if you still have H1 clock left, to go an EAD and save up your H1 clock for such an eventuality, which is counter to your first point.

Good try, though.:D
Click to expand...

The point here is

1) If you are on H1 deniel of 485 will not effect.

2) if you transferr on EAD if you need to go back to H1, requires stamping to go out of country and some uncertainities or break during your job.

Of course Your answer also holds good.
 
I-485 Approved

Just wanted to share info of my colleague whose I-485 case was pending at NSC and got approved today.

Here are his case details:

PD June/2002
I-485 RD at NSC= NOV. 27th, 2006
NO RFE
Got his & his family's I-485 approved today i.e. June 11th, 2007

===================================
 
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