EB2 485: Pls post here

Most of you might have the same situation!!!

Hi Guys,
Please guide me.
I am in the 8th year H1b Extension will expire on 15th Dec 06....by keeping this in mind I have following issues.

LC data is 5th July 2002, LC cleared on 23rd March 2006 :)
June 02, 2006 Filed I-140/I485 concurrenly, (I am from India and Data was avilable for 485)
got EAD/FP/AP in 25 June 06 .
I-140 cleared on 12th Oct (PP processing)
Spouse started using EAD after I-140 cleared.

Now the issue is Can I file 9th Year H1B extension ? if YES then is it required ?
Can I file extension for my spouse as now she started working on EAD.

Hope most you might have this problem and I am hopeful to get some information from you.

Thanks in advance....
 
You can file for extension if you haven't started using your EAD for working. It is not required: you will have to switch to EAD for work authorization.
You wife is now cannot extend H4, so there is no point filing for it.

Advise: if your job is secure and since working wife is backup financially you can extend your H1 for another three years and don't file for EAD. Save yourself some money.
 
Hi bartolo5,

Congrats!! Thats great news...Enjoy!!
NSC seems to be following some sort of pattern then....

Good luck

bartolo5 said:
Gentlemen, this is the end of the road for me.

At 3.21pm PST today I received 5 emails, 2 from USCIS-CSSO, 3 from CRIS all with the same content:


"On October 24, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours."

It has been an arduous road to here for me. Definitely more tumultuous than I originally expected when I arrived in the states back in 2000. I feel the pain for those involved in the USCIS nailbitting waits but we are apparently in a period of greencard bonanza, so if you are reading this chances are you are the right track to get to this same point.

I don't feel as emotional as I thought I would be, but I assume after so many years of waiting for this day one becomes numb in the desperation. It will take time to realize that I'm finally here, and that this place starts feeling more home than it has always felt. No more customs interrogation and fingerprinting, no more asking when I'm leaving. No more need to put long term plans on hold fearing to be booted the moment you lose your job.

For those in RFE messes just know that I've found that I-140/I-485 denials are very uncommon. For the rest its just a little bit more waiting. For everybody your approval is around the corner.

I wish you the best.
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bartolo5 said:
Gentlemen, this is the end of the road for me.
Click to expand...

Congrats bartolo5!
I hope to hear from NSC soon as well. My I485 RD is 3 days before yours. Keeping fingers crossed!
 
enqueued said:
Congrats bartolo5!
I hope to hear from NSC soon as well. My I485 RD is 3 days before yours. Keeping fingers crossed!
Click to expand...

You'll hear from them soon.

Today I got a different message on the online status. In order this is what i've got so far:

10/24/06: "On October 24, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours."

10/25/06: "On October 24, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready"

Apparently this changes in quite a random pattern for most people. Let's see when I get something in the mail.
 
Last edited by a moderator:
Congrats!!!

Hi Bartolo5,
Do you think mine will be adjucted soon ?
I have the same date as your with one week on difference,
But so far I have not received any LUD, my Latest LUD on 485 is 07/08/06
Thanks
bartolo5 said:
You'll hear from them soon.

Today I got a different message on the online status. In order this is what i've got so far:

10/24/06: "On October 24, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours."

10/25/06: "On October 24, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready"

Apparently this changes in quite a random pattern for most people. Let's see when I get something in the mail.
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Thanks for reply !!!

I Like your advice and will fallow it!!!
rir_or said:
You can file for extension if you haven't started using your EAD for working. It is not required: you will have to switch to EAD for work authorization.
You wife is now cannot extend H4, so there is no point filing for it.

Advise: if your job is secure and since working wife is backup financially you can extend your H1 for another three years and don't file for EAD. Save yourself some money.
Click to expand...
 
ho_jayega said:
Hi Bartolo5,
Do you think mine will be adjucted soon ?
I have the same date as your with one week on difference,
But so far I have not received any LUD, my Latest LUD on 485 is 07/08/06
Thanks
Click to expand...

Yeah, I think you should hear from them soon. People don't seem to get LUDs in their 485s before approval. It's directly approved.
 
lab_notez said:
Hi United Nations, The real canadian and other Knowledgeable gurus please help,

While compiling my RFE about all the employment authorizations we realized that I have 3 days gap in my H-1bs in 2003. Can you please tell me if I can have 3 days gap in my H-1B validity times. I have been with the same Employer thru out. My attorney says it doesnt matter if it is with the same employer. I also left the country and got back with a new H-1B stamped after this gap.

Please respond with any insights

Thanks in advance
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Check out Question 15 in this page http://www.murthy.com/485faq.html#14
Specifically, look at the second paragraph and find reference to 245(k). My interpretation is that this pardons up to 180 days of working without proper
authorization so I believe you should be covered.
 
For Bartolo5 - Question 13 of I-485 FAQ

bartolo5 said:
¡Muchas Gracias Daniel! A ti solo te quedan unos dias más. Nos vemos por San Francisco :)
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I just read on the I-485 FAQ from the link tulok sent us and I found interesting Question 13. Please check as I know you wanted to switch employers. It states that it's safer to switch employers after at least 6 months after getting GC.
 
dc_May2006 said:
I just read on the I-485 FAQ from the link tulok sent us and I found interesting Question 13. Please check as I know you wanted to switch employers. It states that it's safer to switch employers after at least 6 months after getting GC.
Click to expand...

This 6 month thing is a fallacy. Obviously your new permanent resident status is for permanent employment with your sponsoring company but its not written anywhere how 'permanent' this employment has to be, and how long you should be employed by your employer. I assume no one expects you to work for this employer the rest of your life so I wonder where do you cut the line. I've seen more than one lawyer say 6 months its good, but the fact of the matter is that I have been unable to find a single case where this has been an issue. Lots of lawyers say this 'may' be a problem, but 'may' in lawyer terms could be 1 in 1000000, or simply never happened and just the law is vague about it. Seems like lots of lawyer fodder to me, please, if you see any case of someone who really had problems with this let me know. Not hypothetical 'couldbes', real cases of people confronted by the USCIS because of leaving too early.

It's doesn't seem to be much an issue to keep your PR status, and it being an issue for naturalization sounds far fetched to me, when the most important thing there is 30 months of continuous residence bore applying for citizenship after becoming eligible. I was looking at form N-400 and there are multiple ways to prove your continues residence, bills, tax returns... I havent even seen them making any distinction on form N-400 on how you got your permancent resicence status, family based, employment, asylum... its all blended in.

I don't know, sounds really stupid that you could claim AC-21 before adjustment and change employers, but you could not change employers after.
 
I-485 APPROVED!!!
Here is my signature:
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/2006
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: 10/25/2006 :D
 
bobeanu11 said:
I-485 APPROVED!!!
Here is my signature:
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/2006
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: 10/25/2006 :D
Click to expand...

13 days! not that bad. Seems like NSC its pretty damn fast for concurrent filers once you get through the I-140 hump.
 
bobeanu11 said:
I-485 APPROVED!!!
Here is my signature:
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/2006
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: 10/25/2006 :D
Click to expand...

Congratulations! My I-485 filing was done after yours and although my I-140 was approved a few days earlier I am assuming that I-485 FD is a factor too. Hopefully my case will be approved soon.
 
bobeanu11 said:
I-485 APPROVED!!!
Here is my signature:
CONCURRENT FILING. NON-RETROGRESSED COUNTRY
LC State: UT
LC Category (EB1/EB2/EB3): EB2
I-140 FD: 05/12/2006
I-140 RD: 05/15/2006
I-140 LUD: 07/22/2006
I-140 AD:10/11/2006
I-485 FD: 05/12/2006
I-485 RD: 05/15/2006
I-485 AD: 10/25/2006 :D
Click to expand...

Congratulations bobeanu11!!!!
Could you please share with us from which country you are from?
Thanks.
 
Does Anyone Have this problem !!!

Hi ,
todat I went to INS office with infopass appointment, to check my FBI name clearence. The officer told me that my wife name is cleared but not mine and he said he don't know how much time it may take for me to clear.. :confused:

Could you guys tell me...
I am the primary applicant, this means my wife will not get GC unless I am cleard by FBI ?
Is this situation usual ?
How much time should I expect for me to clear ?
Now I am thinking to file my H1 extension as it will expire on Dec15th.

Thanks
 
Just a quick update about my approval. I got more emails yesterday. So far I've got a total of 3 different notifications. Below is the actual text showed in the emails/ online case status.

10/24/06: "On October 24, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours."

10/25/06: "On October 24, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready"

10/28/06: "This case has been approved. On October 27, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address"

It's a little bit confusing of what these emails are all about but I guess it's all good at this point :eek: Haven't got anything in the mail yet, hopefully it will happen next week.
 
bartolo5 said:
It's a little bit confusing of what these emails are all about but I guess it's all good at this point :eek: Haven't got anything in the mail yet, hopefully it will happen next week.
Click to expand...

A friend of mine got the 'welcome notice' email on 10/20. He got his cards in mail on 10/27. I dont know if he got any subsequent emails like you but cards seem to be a week out of the initial welcome notice.

I am hoping mine arrive sometime this week, as I am planning to travel internationally on 11/12. I would love to NOT use my AP to come back! :)
 
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