I140 RFE, EAD & AP still on hold....

Re: IEAD

Thanks to both apollo 13 and UN for replies.

UN, We were going to apply for interim EAD last week (we had just crossed 90 days) when we received this 'signature' RFE. We responded rightaway and decided not to go for interim EAD for 2 reasons - one, we were not sure if they will issue iEAD pending RFE (however minor the RFE is) two, we were hoping (still hoping) that they will issue the 'regular' EAD upon receipt of the response to the RFE. I don't know if the validity period of an IEAD is any different than the regular EAD.

As for my H1 RFE, we have until mid-Oct to respond and we have put together almost all of the information requested (it is an awfully detailed RFE). It seems like it is still a good idea to respond to this RFE even if I get my EAD between now and then. What I'm not clear about is the status - I have heard that H1 and EAD are mutually exclusive statuses - so, if I get an EAD, I don't know what that will do the pending H1 extension. Also, if, after responding to my H1 RFE , for any reason the extension gets denied, will my EAD still be valid? My lawyer is good but doesn't quite address all these 'what if' scenarios (her view is we comply with every INS request on a case by case basis and wait for them to make a decision.)- that's where I have found your input very valuable. thanks.


unitednations said:
It should be easy to overcome. They should be approving the EAD.

Popsy, do you have an IEAD. If not you may want to go get one now, especially if you are having problems with the h-1 extension.
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140/485 on PT; for all seniors, unitednations, and others

Hi Unitednations,
Thanks a lot for actively responding to queries and giving moral support to many in this forum. We would really appreciate your inputs on our situation. Here's our situation:

My wife has been working part-time, H1B for over a year now. Her last W2 shows her part-time income - much lower than the LC wage. She has maintained her valid H1B status with all pay stubs based on the amended H1B. Earlier, she worked full -time with this company for one and a half year. Her company, I believe, is doing fine, financially. It's a small company with 20 people. The reason she is part-time now is that she is finishing her Master's here and she needs to attend classes etc.

Her company filed labor for her in 2002 and it is finally going to be adjudicated in the next couple of months and her lawyer is confident that her labor will be finally certified. I think her labor would be certified (?) in Dec-Jan. she would then file for 140/485.

Now the question is - what is the likelihood that her 140/485/EAD/AP would be cleared with this company? OR is she wasting her time with this company? Is there any chance her 140 etc. would be approved with this company, vis-a-vis 'payment ability' of the company? What documents she or her company should provide? She has stayed with this company for over 3 years now and invested a lot of her time with the labor application.

We would really appreciate if you could give us some feedback. Thanks a lot.
 
Ok, UN, it is time to get in touch with you, again!

unitednations said:
I can tell you that I haven't contacted uscis about my fingerprints. However, you can contact FBi to see if they have sent the results of your fingerprints back to uscis (EVERY post I've seen on this issue has shown that the FBi has sent results of fingerprints back to uscis on the same day, without exception). Name check from FBi takes a little longer. I would give this a few more weeks before I would inquire.

Keep in mind that there are two name checks. One is the FBi that everyone is aware of (done in conjunction with fingerprints and they check for any outstanding warrants, terrorism, etc.). The other name check is done by uscis which is called IBIS checks. These are immigrant related name checks, ie., customs violations. These checks only have 90 day validity and are done on EVERY immigration application. This has already been approved for you since your AP and EAD got approved so there is no need for you to worry about this check.

With regards to if your case can be approved by the end of the year. This is anyone's guess. You don't fall under the concurrent program of EB-2 filed in California after May 1/04. If you had filed concurrently their target date was approval in 90 days. However, you may fall under the "ohata" concurrent approval program. For this program the 140 date on the uscis processing reports is the date to watch as it dictates concurrent approval.

Currently, they are processing july/03 cases for 140 approval. I'd say it could take at least one year for approval.
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Hi!

In our last conversation, you had predicted (of course, based on Processing Times at that time!) that approval could take 12 months, or thereabout (from then). The news is that I just heard of my I-140 approval, Oct. 25, '04!
I know that you are very active on this Board, and so wanted to pick your brains. Can I now expect early approval of my I-485, too? (My question is in light of the FO Memo on 'semi-concurrent' applications to begin with, and also considering the current trend of processing/approvals at CSC). My details are listed:
CSC/EB-2
I-140 RD: Jan. 20, '04
I-485/I-131/I-765 RD: June 15, '04
I-131/I-765 AD: July 15, '04
FP: July 22, '04
I-485 LUD (Results of FP rec'd., and processing resumed): July 27, '04
I-140 AD: Oct. 25, '04
 
Ead

Hi UN, My EAD was finally approved last week. Interestingly, I had just filed my response to the H1 Extn RFE.. I guess the outcome of that doesn't matter that much.

Since the EAD approval is for the application that was part of the concurrently re-filed 140/485/EAD on June 10, 2004 (and with current proc times), can I expect movement on 140/485 ? that would be a miracle though considering I have an appeal pending..

as always, I appreciate your input.

Popsy

unitednations said:
It should be easy to overcome. They should be approving the EAD.

Popsy, do you have an IEAD. If not you may want to go get one now, especially if you are having problems with the h-1 extension.
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Thank you, UN

unitednations said:
semi,

vermont and texas are approving concurrently or 485 is getting approved a few days after 140 approval. I've definitely seen a pattern in those two service centers (note this is in cases for people who also didn't file 140/485 together such as your's).

Problem is California and Nebraska people haven't been very active in posting so it has been difficult to see a pattern.

Hold on you may be getting approval of 485 in the next week or so.

btw, congratulations on the 140 approval.
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I truly appreciate your insights, and your thoughtfulness, helping people.

Ok, I should have rephrased my question to enquire if it appears that I have cleared all checks - including the 'dreaded' Name Check (which I understand is the cause of delay for most I-485s) As mentioned, the online status msg. reads "On July 27, 2004, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made".

Thanks again!
 
I had the same message as yours. I did a name check with FBI and recently got response back (after one month) saying that my name check was cleared. The date DBI mentioned is about the date the online message shows. Thus I think your name check is clear.
 
EAD question

I'm going to file 140/485 concurrently for myself and my husband. My husband is now on F1 with his OPT pending at CSC. My lawyer told me that after we file 485 for my husband he will no longer be eligible for OPT EAD, and he can not use it even if he already have it. Is this true? Is it possible that CSC put a hold on his OPT after receiving our 485 application?
 
Thank you, Whorl1quote!

whorl1quote said:
I had the same message as yours. I did a name check with FBI and recently got response back (after one month) saying that my name check was cleared. The date DBI mentioned is about the date the online message shows. Thus I think your name check is clear.
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I appreciate your input. Good luck to you too, for speedy approval(s)!
 
Tonight, I got my I140/485 approval email!! Thank you so much for everyone for your help during these times! Special thanks to UN, you've been a great help to me. And CuriousGeorge too...
UN, hope yours will come soon! Have you make up your mind on where you'll go?
 
Congratulations Chongyip

Congratulations Chongyip,

It really good news. I 'll join you thank to UnitedNations on all his advice. In my case I dropped the case afte my I-140 denied. I am looking for new employer to get the process all over again.

Dear UnitedNations

I have a questions for you. As you know from my previous posting my I-140 denied. That because I applied from future employer and it was ability to pay issue. My current working company they don't have history of sponsoring green card. Even they said no to my case. they don't want to go through All these lagal matters. My H-1 visa stamped in Nove 2000. I came to USA in Feb 5, 2001. My Current H-1 approval is valid till March 16, 2006. My question is Is H-1 visa permitted for 6 years is it from date of first entry into USA or date of First VISA stamp on the passport?. If it is effect from Date of first visa stamping I have two years to get my green card process done. Will that be enough time?
Thanks
 
chongyip, congrats. can you brief us your case? Did you get the approval after sending in AC21 from the new employer?
 
I haven't started my new job yet, I'll start in about 2 weeks time. The new employer was about to file another I140 for me then I got approval!

Case detail:
I140/485/EAD/AP RD 1/23/2004
I140 RFE sometime in March 2004, EAD/AP on hold
RFE replied 5/3/2004
Unable to get iEAD due to I140 on hold
Lawyer sent enquiry through AILA sometime in June 2004
EAD/AP approved 7/13/2004
LUD for I485 10/27/04 (mass update)
Email approved for I140/485 11/3/2004 at around 11:00 pm
Recived mail notice 11/8/2004
Passport stamping 11/15/2004
 
UN, I have struggled to find this post to reply to you!

unitednations said:
semi,

vermont and texas are approving concurrently or 485 is getting approved a few days after 140 approval. I've definitely seen a pattern in those two service centers (note this is in cases for people who also didn't file 140/485 together such as your's).

Problem is California and Nebraska people haven't been very active in posting so it has been difficult to see a pattern.

Hold on you may be getting approval of 485 in the next week or so.

btw, congratulations on the 140 approval.
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I wanted to inform you of my I-485 approval; they were God's words from your mouth! :)
(I received approval, Nov. 12th)

I wish you a speedy approval; I can only think philosophically about your pending case: you are probably being 'held' here - given your (positive) attitude towards helping people. (When I saw that post from "xyz", I felt like slamming him, but it was a few days since - besides that I noticed that you chose to ignore him)

Thank you, again!
 
UN,
Dunno if you still remember me, but you had helped me quite a few times in this thread. Just want to let you know that my EAD was approved last Friday and I received the card yesterday. Let me just post details of my case so that everyone can see it:

I765/I140/I485 Concurrent Filing
(Texas Processing Center)
ND: 5/5/04
LUD: 5/6/04
iEAD: 8/4/04 (Granted 8 months)
USCIS inquiry date on EAD: 9/22/04
EAD Approval date: 11/11/04
I140/I485 on hold w/ LUD: 5/6/04

Based on your experience, is this good news or bad news (considering the fact that it took USCIS 6 months to approve my case instead of 13 days that some people get)? Also, at what stage can one change job safely? Thanks UN, and hopefully those out there with same situation as me will see this too!
 
UN,
Wow, that's a fast reply. Wish USCIS can be that speedy! Thanks again for your helpful input. Yes, i'm from Malaysia (Muslim country) and i suspect that was the reason why my EAD approval took 6+ months. Not positive though, but have a strong feeling about it! About this retrogression that you mentioned, is there any link that i can read more about it. That sounded like something totally new to me and i just want to find out more about it. Also, what is the latest on your case? Anything that me as an individual can help?
 
unitednations said:
There's a few threads going on right now.

Here is a good one.

http://boards.immigrationportal.com/showthread.php?t=149322

My case is just wait and see. I'm at the Nebraska service center and they are the slowest one.
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Dear UnitedNations,

I have a question:

1) Approximately how much time do you get to reply to RFEs regarding

a) Birth Certificates
b) Educational Certificates/Experience certificates.

I heard it is a standard 90 days. Is it true?

I am awaiting your reply eagerly
Regards
 
unitednations said:
That's correct. This is going to change in the next couple of months as uscis is going to do away with the standard 90 days to respond to RFE's.

If you get a Notice of intention to deny then it is 30 days. I believe you also get another three days if uscis mailed the NOID to you (to account for mailing time)

If you file a motion to reopen or appeal then it is also 30 days. Also, an additional three days if uscis mails denial to you.
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Thanks UnitedNations...

So as of now it is 90 days but after a couple of months it will most probably be reduced to 30 days..Is that what you think?

Thanks again boss...
 
UN,
I heard something interesting today from a friend. He told me one can switch job 6 months after application of 485. Just wondering if you have heard anything like that and if you know more about this. Also, just to update you, my wife's EAD got a RFE a day before thanksgiving! Still waiting for the RFE letter to get to us! Will tell you more once i know what it is about!
 
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