EB1 Outstanding Research Tracker

barney_hi said:
I knew for long that FP2 will not get an updated status content, maybe just the LUD. But today, I received email notification, saying that my wife's 3rd FP review has been received, and processing of application has been resumed. Previously the content is always "... pending for review". Her second FP failed again(took on June), so got the 3rd one on AUG 10. It only took 3 days to get the result back to USCIS, is that amazing? I did my FP2 on the same day (although scheduled on early Sept, but I did it earlier), no updated at all.

What I am expecting you guys think?
Click to expand...


There seems to be no rhyme or reason for the LUD change after FP2. Some people see a change after a few days, others don't ever see a change until they get 485 approval. I had my FP2 done on 7/9/04, and there's still no change to my LUD. So.... I wouldn't depend on seeing an LUD change, and nor would I get worried if there's no change. I suspect it depends on whether the officer decides to enter the latest data. Isn't it nice to be at the mercy of someone's whim?! :rolleyes:

SlipJ
 
Thanks Mendita. I was out of job for only two months. However my H1-B status was still valid since the previous employer did not revoke H1-B until I got the new one from my current company. USCIS would not know if I was not working for two months. I am not sure if I agree with the statement that one falls out of status if they are out of job. Once you file 485, you automatically have a status (at least that is what my attorney told me).

Best of luck for your approval.


mendieta said:
Humm ... how much time did you spend inbetween jobs ? If little time, you should be fine IMHO. You didn't have time to file AC21, you are fine (I would think) in this sense. However, if you spent too much time with no jobs, technically you lost legal immigration status, and if you are interested on pursuing citizenship it could be an issue. I never remember exactly how much time you have to get a new job without losing legal status.

Best luck !
Click to expand...
 
616athem said:
I have an approved 485. I applied concurrently in the EB1(outstanding researcher) category and everyone in my company was shutdown before the I-140 approval. By that time the I-485 was pending for about 8 months. Now I am working for a different company and did not get a chance to send AC21 letter before the 485 approval, since the approvals(140/485) were concurrent. I am wondering if there would be any problem during the citizenship? I would be thankful for any sggestions.

616athem
Click to expand...

Hi 616athem,

I'm not sure I completely understand your situation. I can't imagine how you could have 485 approval before 140 approval! At best they would be approved concurrently. I think I'm just misunderstanding your e-mail.
If your company shut down before you got 140/485 approval, but it still came through, then you're fine, and you shouldn't have any problems applying for citizenship.
My situation was as follows: my company went under at the end of July, a couple of months after my final RFE, and about a month after I had my FP2. My 140 was approved back in 10/03. My lawyer, however, said that I should be fine, even if I'm out of work for a while. In other words, since I've already submitted my last RFE so as far as the USCIS is concerned I'm still employed. And they won't know any different unless they issue another RFE, asking for proof of employment (which they shouldn't).
Hope this helps!

SlipJ
 
I am sorry if I did not make myself clear. 140/485 applied concurrently and 140 approved 3 days before 485. I think that I should be fine. Thanks for the reply.

BTW, what was your rfe? Do you have a job now and R U planning to use AC21? Don't worry, you are close to an approval....


slipj said:
Hi 616athem,

I'm not sure I completely understand your situation. I can't imagine how you could have 485 approval before 140 approval! At best they would be approved concurrently. I think I'm just misunderstanding your e-mail.
If your company shut down before you got 140/485 approval, but it still came through, then you're fine, and you shouldn't have any problems applying for citizenship.
My situation was as follows: my company went under at the end of July, a couple of months after my final RFE, and about a month after I had my FP2. My 140 was approved back in 10/03. My lawyer, however, said that I should be fine, even if I'm out of work for a while. In other words, since I've already submitted my last RFE so as far as the USCIS is concerned I'm still employed. And they won't know any different unless they issue another RFE, asking for proof of employment (which they shouldn't).
Hope this helps!

SlipJ
Click to expand...
 
616athem said:
Thanks Mendita. I was out of job for only two months. However my H1-B status was still valid since the previous employer did not revoke H1-B until I got the new one from my current company. USCIS would not know if I was not working for two months. I am not sure if I agree with the statement that one falls out of status if they are out of job. Once you file 485, you automatically have a status (at least that is what my attorney told me).
Click to expand...

Hope you are right :)
In any case, what Slipj is saying above is interesting: it looks like once you get green card you are fine and that is that. In other words, if you have a green card and apply for citizenship, they assume your status was ok until your GC was granted. If this is so, so be it. I really hope so for the bunch of people in grey situations like yours, which naturally happen not because of our fault, but because of USCIS' never ending processing times.

But let me summarize the previous point: in employment based categories (like EB1 OR), I understand that the 485 becomes invalid as soon as you loose I140 status. They are NOT independent. And I also understand that, if your original employer lays you off or goes out of business, in principle your I140 becomes void, unless you find a new job and use the portability thing (AC21). And I think the time frame to find a new job is known (a month ? a couple ? not sure) Of course I could be wrong, though I think I got this from more than a reliable source.

Same thing with H1. Whether or not your employer revokes an H1, your status after employment termination only remains valid for a certain period of time.

Of course, if USCIS never finds out ... you know, you are mostly fine. But then if you have an interview or you fill any paper work with USCIS you have to be a little carefull with these things.

My point is, whenever you go for citizenship, do a little research on AC21 and such, in case they ask you something in the interview. Or talk ot a lawyer. At least that's what I would do.
 
I-140 and 485 approved

Gooooooooooooooood news,

My I-140 (EB1-OR) and 485 both approved today

I-140 ND 10/18/2002
AD- 08/12/2004

I-485 ND 06/17/2003
FP done 05/01/2004
AD 08/12/2004

Anybody know whats next? How long will it take to get the green card.
My wife and kid filed 485 in jan 2004, no news and fp notice for them, is there any chance for them to get approval soon.

thanks in advance for any suggestions
 
I AM REPLYING BELOW, BASED ON WHAT I HAVE LEARNT FROM THIS FORUM AND MY ATTORNEY. I HOPE THAT THIS IS CORRECT.


But let me summarize the previous point: in employment based categories (like EB1 OR), I understand that the 485 becomes invalid as soon as you loose I140 status. They are NOT independent. And I also understand that, if your original employer lays you off or goes out of business, in principle your I140 becomes void, unless you find a new job and use the portability thing (AC21). (THE I-140 IS FOR A FUTURE JOB AND AS LONG AS THE EMPLOYER DOES NOT REVOKE THE PETITION IT IS NOT VOID.)

Same thing with H1. Whether or not your employer revokes an H1, your status after employment termination only remains valid for a certain period of time. (EMPLOYER DOES NOT HAVE TO REVOKE i-140 BUT IT IS MANDATORY BY THE EMPLOYER TO REVOKE H1. SO IF THEY DO NOT REVOKE H1, INS DOES NOT KNOW IF YOU ARE OUT OF STATUS UNLESS THEY ASK YOU FOR YOUR PAYSTUBS DURING AN RFE IN THAT PERIOD)

Of course, if USCIS never finds out ... you know, you are mostly fine. But then if you have an interview or you fill any paper work with USCIS you have to be a little carefull with these things.

My point is, whenever you go for citizenship, do a little research on AC21 and such, in case they ask you something in the interview. Or talk ot a lawyer. At least that's what I would do.[/QUOTE]
(THANKS FOR THE SUGGESTIONS. I HAVE MADE AN APPOINTMENT WITH SHEILA MURTHY'S OFFICE, WHO FILED MY PETITION)
 
616athem said:
I am sorry if I did not make myself clear. 140/485 applied concurrently and 140 approved 3 days before 485. I think that I should be fine. Thanks for the reply.
Click to expand...
Thanks for the clarification - that makes more sense!


BTW, what was your rfe? Do you have a job now and R U planning to use AC21? Don't worry, you are close to an approval....
Click to expand...
My RFE was a letter of employment plus W-2's for the last 2 years.

I don't currently have a job, but I'm hoping to get an offer next week. Cross your fingers for me! :)

Yes, I will use AC21. I have a valid EAD and my I-485 has been pending for >180 days, so I should be fine.

SlipJ
 
Last edited by a moderator:
616athem said:
But let me summarize the previous point: in employment based categories (like EB1 OR), I understand that the 485 becomes invalid as soon as you loose I140 status. They are NOT independent. And I also understand that, if your original employer lays you off or goes out of business, in principle your I140 becomes void, unless you find a new job and use the portability thing (AC21). (THE I-140 IS FOR A FUTURE JOB AND AS LONG AS THE EMPLOYER DOES NOT REVOKE THE PETITION IT IS NOT VOID.)
Click to expand...

I would also add to this: if you use AC21 portability, you new just has to be in the same field, doing approximately the same thing. In other words, if you're a chemical engineer, you can't go flip burgers! ;)

SlipJ
 
Moved, I-485 approved

Hi All,
My I-485 got approved recenty.In the approval notice we have been asked to the Newark,NJ office to get stamping. We moved to California recenty. Does anybody know if I can go to San fransisco ofiice with the approval notice and get it stamped there?
 
Need HELP or Advices !!!

Got email notification today that my wife and my daughter's cases have been transferred to local office. I am thinking that I will get the same transfer notice tommorrow or so, Am I right? Then, is there anyone who knew what will be the time frame for them to schedule such a interview? What will happen during the interview? I could figure out that the reason for the interview could be because my wife's finger print still could not pass the check, so they have to meet her face to face.

Any experience or information will be greatly appreciated !!
 
barney_hi said:
Got email notification today that my wife and my daughter's cases have been transferred to local office. I am thinking that I will get the same transfer notice tommorrow or so, Am I right? Then, is there anyone who knew what will be the time frame for them to schedule such a interview? What will happen during the interview? I could figure out that the reason for the interview could be because my wife's finger print still could not pass the check, so they have to meet her face to face.

Any experience or information will be greatly appreciated !!
Click to expand...

Hi Barney

I have no experience with interviews. But last time I met my lawyer he left me with the feeling that interviews are just like RFEs. In other words, I don't think it could be a problem. I also understood from him that transfers to local offices are made to have an interview. No idea of the time frame.

Bottomline, please don't worry too much, it's gonna be ok. It's just a matter of getting some more info from other people/sources to know what are the typical questions, things like that

Best!
 
processing date update on tracking table

updated new processing date (as of 08/18/04).

====================================================================
  • SEE ALSO: I-140 EB1-OR TRACKER
  • To edit the list, please reply QUOTED and remove the "quote" (and other additional) tags, to preserve formatting
  • Approvals in boldface
  • CONC means Concurrent Petition [Yes/No/Semi]. Semi means: I-485 filed after I140 filing, but before I140 approval.
  • FP means Finger Print (just say waiting if not done)
  • FP2 means Second Finger Print
  • I140 means I-140 approval date. (just say waiting if not approved)
  • This is for I-485 EB-1 Outstanding Researchers @ Vermont
=====================================================================
RECEIPT------CONC------FP---------I140--------FP2--------APPROVAL---------------NAME
=====================================================================



08/26/02---semi------10/09/02-----12/04/02----06/16/04-----07/21/04----kxw:)

***** 08/26/2002 ***** USCIS CURRENT PROCESSING TIME ***********

09/11/02----yes------11/06/02------10/26/02----07/09/04----waiting-----slipj
09/23/02----yes------11/18/02------06/02/04-----waiting-----waiting-----mendieta
09/??/02----semi------10/29/02-----7/27/04---7/24/04-----waiting-----July02EB12
09/27/02--semi----11/18/03----01/20/04-----??/??/??-----03/14/04---ksekar :)
10/10/02--yes-----06/??/03----06/11/03------??/??/??-----06/03/04---d-ster :)
10/15/02----yes------12/15/02------03/15/03------06/16/04----waiting----CosmicDream
10/21/02---Semi----03/30/04-----07/20/04------NO----08/02/04---username123456 :p
10/23/02----semi-----11/29/02------04/09/04-----waiting-----waiting-----Hueymeei1
11/02/02----semi-----12/10/02------04/16/04-----waiting-----waiting-----open_sesame
11/19/02----semi-----02/12/03------06/09/04-----07/06/04-----waiting-----mzgh
11/22/02----semi-----02/10/03------03/26/04-----07/02/04-----waiting-----ea_ead
11/25/02----semi-----02/13/03------07/08/04-----08/10/04-----waiting-----barney
12/10/02----yes------01/13/03------09/10/03-----07/17/04-----waiting-----gc-despo
12/10/02----semi-----03/19/03------05/17/02-----waiting-----waiting-----skusa
12/11/02----semi-----02/05/03------06/28/04-----waiting-----waiting-----Rajan123
12/13/02--semi----03/23/03----12/17/02-----??/??/??-----06/17/04---amine :)
12/20/02----yes------03/20/03------waiting------waiting-----waiting-----samamit
12/26/02----semi-----02/18/03------07/29/04-----waiting-----waiting----the_pandas
12/27/02-----no------03/07/03-----approved------08/06/04----waiting----katvar
02/20/03----semi----05/20/03-----05/15/04---------NO----07/14/04-----Reverse_Man:)
02/??/03----semi----05/??/03----07/28/04------NO-------07/28/04-----or_waiting:cool:
03/11/03----semi----04/24/03----07/26/04------waiting-----waiting------agroy
03/22/03---yes-----??/??/??-----08/03/04-------??/??/??--08/05/04-----616athem :)
04/02/03----yes------05/13/03------waiting------waiting-----waiting------gegemon
04/10/03----semi-----05/?/03-------06/28/04----waiting-----waiting-----immigrationcom
04/13/03--semi----??/??/??------06/09/04-----??/??/??-----06/09/04---fatlady :)
05/27/03----semi----04/?/03-----08/06/04-------No -----08/11/04-----xluo1971:)
09/27/03----semi----waiting-----06/04/04-----waiting-----waiting-----arjundc
02/27/04----semi----waiting------??/??/??--------waiting------waiting---eb1_or
03/25/04----semi----waiting-----waiting-------waiting-----waiting-----IceTea
=======================================================
 
please help.

dear friends,
i did tried to update my details but i am not atall good about these so i wanted to mess it up can any one put my dddeatils in this thread
i 140 5/??/2003
approved 8/12/2003
i485:
nd 9/21/2003
fp ??
ad ??
can any body put this into the thread.
thanks. any comments? mine is eb1 catagory..
 
I-485 RFE info ...

Hi everyone. I just got an email saying a RFE is sent out for my I 485. My I 140-OR was approved two weeks ago. I dont remember anyone on OR got RFE on I 485 ... anyone knows what might be the question they are asking?

I140 OR/I 485 ND: 5/03
I 140 AD: 8/04
 
Hi Bostonhere.
Please add yourself to the list. When was your FP1? Please let us know what the RFE is about when you get it.

bostonhere said:
Hi everyone. I just got an email saying a RFE is sent out for my I 485. My I 140-OR was approved two weeks ago. I dont remember anyone on OR got RFE on I 485 ... anyone knows what might be the question they are asking?

I140 OR/I 485 ND: 5/03
I 140 AD: 8/04
Click to expand...
 
bostonhere said:
Hi everyone. I just got an email saying a RFE is sent out for my I 485. My I 140-OR was approved two weeks ago. I dont remember anyone on OR got RFE on I 485 ... anyone knows what might be the question they are asking?

I140 OR/I 485 ND: 5/03
I 140 AD: 8/04
Click to expand...

Hi Bostonhere

my attorney told me (when chatting about the futre steps a few weeks ago) that it is very common for USCIS to send an RFE asking to see a few recent paystubs

hope this helps !
 
rbv said:
dear friends,
i did tried to update my details but i am not atall good about these so i wanted to mess it up can any one put my dddeatils in this thread
i 140 5/??/2003
approved 8/12/2003
i485:
nd 9/21/2003
fp ??
ad ??
can any body put this into the thread.
thanks. any comments? mine is eb1 catagory..
Click to expand...

sure, but could you please put your info in a form I can cut and paste ?
something like:

09/11/02----yes------11/06/02------10/26/02----07/09/04----waiting-----slipj
 
July02EB12 said:
updated new processing date (as of 08/18/04).
Click to expand...

Thanks for the update !

USCIS keeps moving forward fast. Terrific !

My (and my wife's) AP and EAD got approved in a week or two since receipt day. I dunno, but I wanna hope that this means that they are examining my 485 case for approval, and I'll get FP2 notification soon. Cross fingers my friends !
 
You must log in or register to reply here.
Top