Gurus!!! When can i expect RD/ND notice!! Urgently needed for tourist visas

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psvgc

Registered Users (C)
Gurus,

My lawyer says he mailed our 485 apps on May 8th. When can i expect the reciept of our 485 applications.

It\'s because, the first three years on my H1 is expiring on sept 30th 2001
my parents are planning to visit us(from India) in June 2001. Looks like the American Consulate in India can create problems(denial) in their tourist visas as my H1 visa is expiring. My lawyer has filed for my H1 extension on May 15th and sent me a letter(for my parents) saying that Iam a employee blah-blah and they filed for my H1 extension on May 15th. I was just hopinng that my I-485 recieved notice from TSC, will also add as supporting evidence of my stay in USA, so i can send a copy of that to my parents and they can present the copy along with my compnay\'s letter regarding my H1 extension. I have a copy of my recent I140 approval(EB2)
should i send that also to India????

Any inputs/advices/suggestions in this regard are greatly appreciated.

Thanks in advance

psvgc
 
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Hi,

Do not wait for I485 Receipt Notice, because in my view, let them apply for the visa, on the basis of H1 alone.

If they will show I485 receipt notice, which means that you have an intention of becoming a resident, Amer. Cons. may deny the visa to your parents, asuming that they will not come back. (In some cases, they give visa to only 1 person, father or mother)

With H1, there is 100% surity, that they cannot stay here and will go back to India.

And the letter from your employer and Affidavit of support from you (notorized) along with your bank statement is enough. I also did the same.

Enjoy, when they are here.

Its just an advice, so please consult your attorney, before you take any decision.
 
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Thanks a lot fundoo,

for the reply... I will do the same..

Any Idea when I can expect my RD/ND generally(mailed to TSC on May 8th 2001)...

Thanks in anticipation

regards

psvgc
 
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Hi, psvgc

Nice to see your post here and glad to finally join you in this stage:). As for the RD/ND, I know a friend of mine sent his application on 4/2/01 and got his RD 4/15, ND 4/23. So I suppose that your case is already in TSC system now and you should be expecting the receipt soon.
 
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freemind!!!

glad to see your post... thanks for the info..
did you file your 485 yet?? let\'s stick around here..
hope all the guys from the good-old TSC I140 will be here soon
unless they chose the milky-way(CP) :)))

regards

psvgc
 
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Psvgc,

My lawyer just got my approval notice today, hopefully we can file it by June. Haven\'t seen many approvals for EB2 waiters lately. My case was approved on 4/30 but AVM didn\'t get updated until my lawyer sent the inquiry to INS a week ago. Our TSC people just had bad luck, I guess.

I hope you will get your receipt very soon!

Thanks.
 
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PSVGC & Freemind,

Good to see you guys here. This is the first time I am checking 485 board and was glad to see your names.

PSVGC, mine was sent on May 8th too. My lawyer said he has not heard from TSC yet. I have another question. How long will it take to get our EAD? My wife needs it by July 1st. Do you think its possible?

Good to see you guys here. I saw a post indicating that there are 80,000+ cases pending with TSC!!!! man, this saga never ends!
Later
GChopes
 
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Hi Everybody,

I am very new to this discussion board. I need information regarding filing my I485. My status is F-1 and am on Optional Practical Training (graduated in Dec 2000). My husband\'s I140 got approved (EB1 OR, TSC) on May1, 2001. We are filing I485 together. Q1: In part 1. A # Should I write what I got on my EAD or leave blank, as I am apllying as a spouse of the applicant?
Q2: In part 2. Application type, where I should tick - b or other as basis of elligibility and in explaination write spouse of adjustment applicant.
If anybody can help me in this regard that will be great!

Thanks a lot!

Regards,
ASHK
 
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GCHopes,

Glad to see your post..
EAD as far as i\'ve heard/seen takes around 3 mos with TSC.

keep in touch

regards

psvgc
 
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PSVGC, Freemind, GChopes !!!!!!!!!!!

Glad to see familiar names on this board. My 140 got approved may 29th after a long 7.5 month wait.

Guys, do you think you could point to anything I should ask my attorney in the process of filing my 485 ?. Since mine sounds and talks like a dumb one any suggestions will greatly help me. we will be filing AOS. I do have about 2 years of my H1 validity left. In this case, do you suggest my applying for EAD/AP ?. Een if I apply for a EAD, I heard I can stil maintain my H1B status until I use the EAD for employemnt. Is this true ?

PSVGC. How about we do a seperate discussion thread for the folks from our old thread on the 140 list ?. We are in this for a long time (1.5 years wait), so it would be nice to do similar tracking to see how things are moving with TSC. let me know.
 
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Budlight,
I am not sure about maintaining both H1 and EAD card. Is there a reason why you are not considering CP? If I had time like you so on H1, I would go by CP. Thats faster than AOS.

Yea, lets start a thread. PSVGC, have you got RD & ND from INS?
GCHopes
 
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My wife has the same situation as you have. My I-140 AD is on 4/30/01. We filed our AOS last month (EB2 @TSC).

Q1: We didn\'t provide her A# on EAD, we attached a copy of her EAD anyway. I don\'t think it really matters \'cause she\'s the dependant.

Q2: I don\'t remember those options, I think my lawyer took care of it I think somewhere it wrote as "Apply with spouse" or something like that.

Hope this helps.
 
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Hi, folks!!!

Nice to see old friends gethered here again! We applied for EAD/AP. I was told that until you fill out an I-9 form with your employer stating that you will switch to EAD, you are still on your H1 status. In another case, when you go abroad and use your AP, you are automatically on EAD.

But why wouldn\'t you want to switch to EAD? Is there any hurt to switch to EAD? I thought we could save our H1 by using EAD and if we get laid off, our EAD would still be valid and we would have longer grace period to find another job. Please share your thoughts.

It would be great that we could have a seperate thread for the old folks here.
 
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Thanks a lot Freemind! We sent I 485 on 6th of June. I did write my A# as per my EAD, since it says if any. Anyway, we will know the status, once our application will be in the system.

Thanks!
Regards,
ASHK
 
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psvgc,
Good to see you here on this forum. My I-485 application along with AP (I-131) application were mailed to TSC, supposedly, on May 22, 2001. I am still waiting for a receipt.

Freemind,
You mentioned "When you go abroad and use your AP, you are automatically on EAD." As far as I know, you can travel using AP and still be on H1 status according to this website: http://www.fragomen.com/newnews/newnews.html
(scroll down to 5/18/2000 newsheadline)

If I am mistaken, or if there is a change since 5/18/2000 please let me know.

Thanks

mastaan
 
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INS Permits Use of Advance Parole, Continuation of Work in H, L Status
 
 May 18, 2000 -- INS on May 16, 2000 issued a field memorandum that reversed course from an earlier memorandum, and states that until a final rule is published, individuals who enter on advance parole and continue working on the basis of their H-1 or L-1 status will not be considered engaging in unauthorized employment. The memo states that this policy will be in force until a final rule on advance parole is published and takes effect, intimating that the policy stated in the March 14 memorandum could be reinstated as a part of the final rule. An interim rule was published on June 1, 1999 that permitted H-1 and L-1 nonimmigrants to travel without obtaining advance parole.

Typically, when individuals have adjustment of status applications on file to obtain permanent residence, they are not permitted to travel without parole. In 1997, INS stated that adjustment applicants in H-1 and L-1 status need not obtain separate employment authorization in addition to that which they already had pursuant to their nonimmigrant statuses. Individuals could thereby depart the United States, return on advance parole, and resume work pursuant to nonimmigrant status, assuming it is still valid. The June 1999 interim rule permitted individuals in H-1 and L-1 status to travel without advance parole, though many individuals have continued to use it. The March 14 memo marked a reversal of the 1997 policy, and would have required adjustment applicants to obtain separate employment authorization documents in order to work. The May 16 memo, however, reverses this, at least until a final rule is published, which is expected later this year.

Until the final rule is issued, assuming that an individual\'s H-1 or L-1 status has not expired, a nonimmigrant may travel and return using advance parole and continue to work pursuant to H-1 or L-1 classification. The memo states that "the Service will not consider a paroled adjustment applicant\'s failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule." The implication is that the final rule will, at some point, require that an employment authorization document be obtained if an individual re-entering on advance parole plans to work.
 
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