EB3 PD May2003 Please advice me.

vllrp

Registered Users (C)
Hi,

Here is my situation.
********************************
PD: 05/2003 EB3 INDIA
485 RD:12/30/2004 ND:01/14/2005
VSC-->TSC 03/07/07
FP2: 09/12/2007 (CODE1) .. received FP on 09/14. No LUDs
NC is clear as per TSC IO
10/13/2007 RFE on E V L . LUD 11/01/07, 11/02/07, 11/12/07, 11/13/07
********************************

My wife and I traveling to Inida in Feb08
My current H1 expired already. But New H1 approved for 3 years.( with same employer) But needed stamping in India.

To use, Current EAD/AP expiring in Jan2008. Did not apply for renewal yet. Lawyer is holding me on that because it will be expensive and I just got RFE. She gives me hope that visa might have been assigned already.


Lawyer is suggesting not to go to India at this moment. She says there may be a possibility. If I am out side country I may need to go to consulate to Stamp on GC.

My travel plan to India is there for long time. I have booked tickets already.

I just spoke to TSC IO. She said My case is with officer on additional review.
Not sure what this means.. I know one thing is VISA dates are not current. Is there any possibility?

Please help to choose good option. and what are risks.


Please advice me. Sorry for the long post.

Thanks in advance.
Vllrp
 
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Well, India travel - go ahead....if you want to....

Well, tons of people got their I-485 approved while being in a foreign country (like India)....as long as your AP is valid just come back on AP.....

Your lawyer is bullshitting.....there is really not much.....difference, if you are here or in a foreign country upon GC approval....

In all likelihood, since your PD is not current.....there is no chance of I-485 approval....
If you check the posts of 485 approvals recently....you can see that FY2007 quota is gone....only FY2008 quota is in process....

But, yep, if you are lucky enough and if your file got assigned a visa number in FY2007 ....and paperwork got delayed.....there is a slim possibility that your 485 could get approved....
 
do you know when it has assigned to officer

Mine assigned to officer on 1st Nov, 2007 and approved on 7th, 2007
 
Hi

Well, India travel - go ahead....if you want to....

Well, tons of people got their I-485 approved while being in a foreign country (like India)....as long as your AP is valid just come back on AP.....

Your lawyer is bullshitting.....there is really not much.....difference, if you are here or in a foreign country upon GC approval....

In all likelihood, since your PD is not current.....there is no chance of I-485 approval....
If you check the posts of 485 approvals recently....you can see that FY2007 quota is gone....only FY2008 quota is in process....

But, yep, if you are lucky enough and if your file got assigned a visa number in FY2007 ....and paperwork got delayed.....there is a slim possibility that your 485 could get approved....

Thanks for the advice.

I still have to apply for AP renewal.. it is expiring in Jan08.
I have approved H1B. But I have to go to Stamping in India, at the moment is it advisable?

Which one would be my best bet?
 
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Hi

Mine assigned to officer on 1st Nov, 2007 and approved on 7th, 2007

rdkraju,

Congratulations on your approval. I did not get info on what date it was assigned to officer. But . I am thinking some time 2nd week october. on 13Oct they sent RFE. and 31st Oct they have received evidence. Nov 1st onwards I have seen 5 days LUD changes. recent one is 13th.

Thanks,
vllrp
 
I am in a similar cituation.

Responded back to Intend to Deny,
PD /2002 EB3
RD /09/2003
4 EAD approved and 4 AP approved.
FP -05/06 Code (1) looks like it's expired now.
2 SR opened and we got the Intend to deny letter on Employement verification
Intend to Deny 08/20
Responded back to Intend to deny on 09/14, i have contineously 3 LUD's, after that no LUD's

AD 1-485 ???????? waiting eagerly for Green

I am curious to know about your case, could you plesae let me know what happend to your case.
I did not see any EB3 approvals recently, I also heard that case will be assigned to the officer only when the visa is available, i am not sure how that process will work. But any case i am curios to know about your case, because we both are belongs to EB3.



Tnx
Vasu
 
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EB3 Approved
PD : Dec 2000 (EB3- India)
I140 AD : Feb 2006
I485 ND : April 2006 (only 1 finger print code 3 in April 2006)
NC : Requested April 2006 – completed Oct 16, 2007. Assigned to
officer on Nov 1st, 2007

I485 AD : Nov 7th, 2007 (No LUD since September 2006).
Card RD : Nov 13th, 2007
 
I would say please go ahead with your plans

My freind,

Your priority date is no where near 2002 why would you be worrying about getting approved while you are gone.

Have a happy journey ..

My case is with officer last 1 year
my Priority date is Oct 2002 they will not do anything unless you are priority date is current and hopefully you are not in the well called NC ..

Im not an attorney user your own brains ..

Regards,
GBJ
 
Think Twice

My advice would be think twice before going to india. Because your AP is expring in Jan 2008 and the only chance for your return is H1B stamp. I am not discouraging you but just think abou the situation what if the office in the consulate does not stamp? We can argue on this but think about the worst case scenario.... If you have plans to go to india i would alteast postpone the trip for a month and will immediately apply AP. You may consider it is waste of money if your GC is approved but i would say that would be your safe journey and then you can also try to get H1B stamped and even if it gets rejected no need to worry.

I am not a lawer, it is just my opinion. Analyze the possibilities and make your best decision.
 
Thanks

My advice would be think twice before going to india. Because your AP is expring in Jan 2008 and the only chance for your return is H1B stamp. I am not discouraging you but just think abou the situation what if the office in the consulate does not stamp? We can argue on this but think about the worst case scenario.... If you have plans to go to india i would alteast postpone the trip for a month and will immediately apply AP. You may consider it is waste of money if your GC is approved but i would say that would be your safe journey and then you can also try to get H1B stamped and even if it gets rejected no need to worry.

I am not a lawer, it is just my opinion. Analyze the possibilities and make your best decision.

Thanks Barath.. Yeah thinking start renewing AP and EAD now.
Wife starting to India early. I will stay back until AP approved.
Question is: Once AP approved. Can she travel back on AP (which is approved when she is not in country) ?
 
Must be in US until AP is approved.

Dude!

Please DOUBLE-CHECK! If you apply for AP, you have to be in the country until approval. Leaving before AP approval is considered abandoned(?)

My 2 cents... If I were you I would postpone the trip. Well, all it might cost you is a delay of 1 or 2 months to travel why take chances?

Consider this.... you say your PD is not current, but look your case is "being reviewed by an officer" why would USCIS do that if it is 'not-approveable'??? You should be knowing that there are over a million people waiting for GC and quite a lot of them have PDs current all those cases are not being reviewed and why yours??? In this case a RFE is generated it is indeed a positive sign for you. I'm not supporting your attorney but I kind of want to believe him/her.

NOTE: This is not a legal advice just my thoughts.
 
Thank you all

Talked to TSC IO today. She said. There is not VISA for my case.
That gives me clarity to start renewal process ASAP. Working on it.

Regards,
vllrp
 
Do not leave the country for your wife anyway without having the AP approved, per CaliGC if your wife goes out of the country before the AP is approved it will be considered abandonment for the AP and she will not be able to re-enter the country.
 
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