Consolidated NSC I-485 Tracker

shivab said:
Gurus

Appreciate your inputs/help in our dilemma.

Background for question:

My PD is Dec-2003 in EB2 category, which is now retrogressed to Jan 2000. Applied for I-485 for myself, daughter and wife in June 2007. RD is July 13 2007. Got AP and EAD approved for entire family in October/November 2007. FP done in Aug 2007.

I am in TX and all my applications are processed at Nebraska as my employer is in state of IL.

My daughter is applying for colleges in TX for fall 2008.

My question:
My question is pending my daughter's AOS or approval of I-485 would she be considered as international student? or In-State student?

Is there a any directive that lets pending I-485 applicants' to be considered as In-state student to get the benefit of reduced fee in university/colleges?

Appreciate your response and Thanks in advance.

My Regards to all
Shiva
:confused::confused::confused:
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I'm not sure about TX, but in CA, if your daughter included in your AOS then she is considerd "In-State" student. (She was under 21 when you apply for I-140 & I-485).
 
Thanks igor_ch.

igor_ch said:
I was talking to a lawyer at some big tech company here in Silicon Valley, and they told me that nothing needs to be filed for AC21. They claimed that AC21 documents will cause more confusion to USCIS, than they will help. What you may want to do is H1 Transfer, so that you don't have to use EAD and can remain in H1 status.

On the other hand, on some lawyer's Web pages I read that if your previous employer will decide to withdraw I-140 (they do it very rarely, when angry), then you will receive a NOID (Notice Of Intent to Deny) for I-485. Your lawyer will have to promptly reply and provide some documentation related to AC21, employment verification letter, pay stubs and your new Job Description.

Here comes the beauty of US law system - Given that Job Description relates to a *future* position (the one you will have to take at the time of GC approval), lawyers feel free to take liberties with the actual Job Description, to make it very close to what you had at the previous company.
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Having said that... I heard that other people got opposite recommendations. Even lawyers at that company told me they would file AC21 if I really wanted it, they just recommended against it. Now, if there is a significant likelyhood that your previous employer would withdraw I-140, AC21 filing may make total sense.

igor_ch said:
I was talking to a lawyer at some big tech company here in Silicon Valley, and they told me that nothing needs to be filed for AC21. They claimed that AC21 documents will cause more confusion to USCIS, than they will help. What you may want to do is H1 Transfer, so that you don't have to use EAD and can remain in H1 status.

On the other hand, on some lawyer's Web pages I read that if your previous employer will decide to withdraw I-140 (they do it very rarely, when angry), then you will receive a NOID (Notice Of Intent to Deny) for I-485. Your lawyer will have to promptly reply and provide some documentation related to AC21, employment verification letter, pay stubs and your new Job Description.

Here comes the beauty of US law system - Given that Job Description relates to a *future* position (the one you will have to take at the time of GC approval), lawyers feel free to take liberties with the actual Job Description, to make it very close to what you had at the previous company.
Click to expand...
 
igor_ch said:
Having said that... I heard that other people got opposite recommendations. Even lawyers at that company told me they would file AC21 if I really wanted it, they just recommended against it. Now, if there is a significant likelyhood that your previous employer would withdraw I-140, AC21 filing may make total sense.
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Six of one, I guess. "Filing AC21" in reality is merely a letter stating that Firm B has taken over sponsorship of the Alien Petition. There will be at leat one other opportunity to do so, either at the RFE stage, or at the NOID stage. I would guess that waiting for the NOID stage increases the stress level.

What one would want to be careful of is being left out of the notification loop for the RFE or NOID, which could happen quite easily if your petition was filked by a Company Lawyer.
 
I-131: Case Status Retrieval Failed ...

User name: tripask
Priority Date: Dec 2001
Retrogressed (Y/N): Y
EB-1 / EB-2 / EB-3: EB-3
I-140 Receipt Date: 8/15/07
I-140 Approval Date: -
I-485 Receipt Date: 8/15/07
LIN number (LIN-YYDDD-XXXXX): LIN08002
Finger Print Notice Date: 10/2/07
Finger Print Appointment Date: 11/14/07
I-485 Approval Date: -
I-131 Receipt Date: 8/15/07
I-131: Case Status Retrieval Failed ...
 
shivab said:
Gurus

Appreciate your inputs/help in our dilemma.

Background for question:

My PD is Dec-2003 in EB2 category, which is now retrogressed to Jan 2000. Applied for I-485 for myself, daughter and wife in June 2007. RD is July 13 2007. Got AP and EAD approved for entire family in October/November 2007. FP done in Aug 2007.

I am in TX and all my applications are processed at Nebraska as my employer is in state of IL.

My daughter is applying for colleges in TX for fall 2008.

My question:
My question is pending my daughter's AOS or approval of I-485 would she be considered as international student? or In-State student?

Is there a any directive that lets pending I-485 applicants' to be considered as In-state student to get the benefit of reduced fee in university/colleges?

Appreciate your response and Thanks in advance.

My Regards to all
Shiva
:confused::confused::confused:
Click to expand...


HA-1 said:
I'm not sure about TX, but in CA, if your daughter included in your AOS then she is considerd "In-State" student. (She was under 21 when you apply for I-140 & I-485).
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Actually, being included in the AOS triggers off a different (very important) benefit - CSPA. Subject to certain other conditions, your daughter will probably remain eligible for the GC as your dependant even after she turns 21 (though I really hope you get it well before then!) under the Child Status Protection Act. You might already have received a letter from USCIS about that.

But for in-state tuition benefits, it is the duration of your residency in the state that counts (regardless of whether you're a US citizen, or an H1B visa holder) - not the AOS filing. Colleges typically want you to have been a resident of the state for 1 to 2 years, to avail of the lower in-state tuition. The college websites will have full details on this topic, and you could email the residency advisor of each college.
 
Last time I checked with the lawyers from the firm who filed my GC, they said there is no paperwork or forms or petitions that needs to be filed for AC21. AC21 is a salutation or some term like that she used and you can use that to switch jobs at your free will as long as you qualify.

And I do not have any risk of them withdrawing the I-140.

Nelsona, is there a format for this letter that you can share? Does this letter need to come from the new employer? What information would the new employer need to issue such a letter?

Thanks a ton for all the help you guys.


igor_ch said:
Having said that... I heard that other people got opposite recommendations. Even lawyers at that company told me they would file AC21 if I really wanted it, they just recommended against it. Now, if there is a significant likelyhood that your previous employer would withdraw I-140, AC21 filing may make total sense.
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Last edited by a moderator:
I noticed people have LUD change in I-140 even after approval while LUD change in their I-485 application. In I-485 case, Does LUD change has any significance or not?
 
dono77in said:
Last time I checked with the lawyers from the firm who filed my GC, they said there is no paperwork or forms or petitions that needs to be filed for AC21.... can use that to switch jobs at your free will as long as you qualify.

And I do not have any risk of them withdrawing the I-140.

Nelsona, is there a format for this letter that you can share? Does this letter need to come from the new employer? What information would the new employer need to issue such a letter?

Thanks a ton for all the help you guys.
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There is no such thing as an AC21 form, as you say; no one has ever suggested that there was. But, at some point, you have to show USCIS that you have a viable sponsor, and that the new sponsor is going to employ you at the job similar to the originally certified request (on your PERM).

So, whether it is done via an unsolicited letter at the time of hiring, or it is done in response to an RFE, or to defend against a NOID, the submission will have to include proof of the ultimate sponsor's viability and the viability of their job offer to you.

When your lawyer says you can "switch jobs at your free will as long as you qualify", well, some other than you, the firm, and the lawyer have to make the determination whether you and your job qualify. That is where USCIS comes in.
 
nelsona said:
As you say each category has a quota, but the per coutry limit overrides this. And each category does 'rob' from the others, by law. Unused Eb1 goes to Eb2, Unused Eb2 goes to Eb3 -- this is by law.

But the percountry limit is not category-based. There can be anything from 0 to 10,000 Indain Eb2's and/or 0 to 10,000 Indian Eb3's. Any combination that adds to 10,000.

Yours is a popular misconception. Sorry.
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Reusing visas that would've gone waste is not robbing. Robbing would be if you take away EB-3 and give them to EB-2, even though there are EB-3s waiting. That does not happen.

And if what you say about EB-1 India going to general EB-2 is true, then the reverse must also be true - EB-1 RoW unused will go to EB-2 general, (which can be used by EB-2 India). I believe that does not happen either.
 
rollingstone said:
Reusing visas that would've gone waste is not robbing. Robbing would be if you take away EB-3 and give them to EB-2, even though there are EB-3s waiting. That does not happen.

And if what you say about EB-1 India going to general EB-2 is true, then the reverse must also be true - EB-1 RoW unused will go to EB-2 general, (which can be used by EB-2 India). I believe that does not happen either.
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of course unusable Eb1 goes to Eb2. That is stated in every Visa bulletin. If Eb-1 India is unavailale but Eb-1 quota is not full, this can only mean that India has reached the per country limit, so will not be getting anymore Eb1 eB2 OR eB3 -- unless the provisions of AC21 kick in, has they have done in 2 of the last 3 years.
 
kcg said:
Actually, being included in the AOS triggers off a different (very important) benefit - CSPA. Subject to certain other conditions, your daughter will probably remain eligible for the GC as your dependant even after she turns 21 (though I really hope you get it well before then!) under the Child Status Protection Act. You might already have received a letter from USCIS about that.

But for in-state tuition benefits, it is the duration of your residency in the state that counts (regardless of whether you're a US citizen, or an H1B visa holder) - not the AOS filing. Colleges typically want you to have been a resident of the state for 1 to 2 years, to avail of the lower in-state tuition. The college websites will have full details on this topic, and you could email the residency advisor of each college.
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Yes, you are right. I assume his daughter with him already as H-4 until he applied for AOS, which is more than few years I guess!
But in other hand, if the child is over 21 at I-140 application date, he is out of age and can not be included in AOS. I have this problem already with one of my sons, he switched from H-4 status to F-1 once he reached 21 and I can not apply for I-140 since LC not approved yet by then. The funny issue here is I got my LC approved just one month after he reached 21! and that was after more than 4 years waiting in the black hole of DOL. I have to pay international student fee for him 2 years now and still problem not solved. Another problem will come soon once he graduated! Wish me - and my son- good luck!

------------------
PD: 5/2002 EB3
LC: 6/2006
I-140: PP AD: 12/16/2006
AP, EAD: 2/1/2007
I-485: RD : 12/8/2006 LUD: 2/3/2007, 12/6/2007, 12/10/2007, 12/14/2007, 12/17/2007, 12/19/2007, 12/20/2007 (!!) Not approved yet?:confused:
 
Pending I-485 for dependent student & in-state university fee

Thanks HA-1

My daughter is 17, she will be 18 when she completes her high school. I have already applied for AOS (I-485) and the RD is July 13th. There is still time for her to attain 21 and age out.

I hope I will get GC by that time, but you never know with this kind of retrogression. This is my second attempt at GC. I was laid off by previous company that started my GC process in 2002. My PD is 2003 Dec end.

Just keeping my fingers crossed.

Thanks for the input.

I can be reached at google mail using my full name bshivanand google dot com.

Wish you good luck

My Regards
Shiva




HA-1 said:
Yes, you are right. I assume his daughter with him already as H-4 until he applied for AOS, which is more than few years I guess!
But in other hand, if the child is over 21 at I-140 application date, he is out of age and can not be included in AOS. I have this problem already with one of my sons, he switched from H-4 status to F-1 once he reached 21 and I can not apply for I-140 since LC not approved yet by then. The funny issue here is I got my LC approved just one month after he reached 21! and that was after more than 4 years waiting in the black hole of DOL. I have to pay international student fee for him 2 years now and still problem not solved. Another problem will come soon once he graduated! Wish me - and my son- good luck!

------------------
PD: 5/2002 EB3
LC: 6/2006
I-140: PP AD: 12/16/2006
AP, EAD: 2/1/2007
I-485: RD : 12/8/2006 LUD: 2/3/2007, 12/6/2007, 12/10/2007, 12/14/2007, 12/17/2007, 12/19/2007, 12/20/2007 (!!) Not approved yet?:confused:
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My daughter is 17, she will be 18 when she completes her high school. I have already applied for AOS (I-485) and the RD is July 13th. There is still time for her to attain 21 and age out.
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Sinc eyou have applied for AOS, she cannot age out regardless of how long it takes to get AOS approved.
 
Card Production Ordered

I just received an email this morning stating the "card production ordered" on my wife's application.

Both mine and my wife got LUD this morning but only the status of my wife got updated.

Since I am the primary applicant so I am hoping that my applicatin is approved as well.

Anyone noticed similar activity?

Thank you.
 
dono77in said:
I just received an email this morning stating the "card production ordered" on my wife's application.

Both mine and my wife got LUD this morning but only the status of my wife got updated.

Since I am the primary applicant so I am hoping that my applicatin is approved as well.

Anyone noticed similar activity?

Thank you.
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Congratulations, dino. Since spouse was depandant, your approval surely must be there already. Proabably a short gap that will be fixed by the end of the day.

What a way to celabrate the new year.:D
 
dono77in said:
I just received an email this morning stating the "card production ordered" on my wife's application.

Both mine and my wife got LUD this morning but only the status of my wife got updated.

Since I am the primary applicant so I am hoping that my applicatin is approved as well.

Anyone noticed similar activity?

Thank you.
Click to expand...

Congratulations. enjoy your Freedom and Happy New Year.
 
Received my welcome email same day evening. The card should come in a few days now. Finally....the wait is over.


One quick question though. Would anyone know if I can travel out of the country before I receive my card. I know once the 485 is approved, all other statuses are invalidated. So can I travel out of country, or do I need to wait to receive the card.


Thank you very much.
 
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