Lets start with Feb Filers

Saddie - Why did they want you to send in an I-864 instead of the I-864w? Were you eligible for the I-864w or did you just fill it out by mistake?

Well, we thought we were eligible for I-864W since my SSN credits and my spouse SSN credits (after marriage) was more than 40. Also my spouse did not earn any means-tested public benefits during our marriage. As per the I-864W, the following are eligible for I-864W.

(1)You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40 qualifying quarters in the following ways:
By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act with quarters worked by your spouse during the marriage or a parent during the time you were under 18 years of age; or
Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or
A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.


Looking at the above we thought we were eligible but still USCIS didn't seem to accept it and sent an RFE instructing us to file I-864. I still don't understand why I don't fall in the eligible category. Anyways, without causing any delay, we sent them the I-864.
 
Well, we thought we were eligible for I-864W since my SSN credits and my spouse SSN credits (after marriage) was more than 40. Also my spouse did not earn any means-tested public benefits during our marriage. As per the I-864W, the following are eligible for I-864W.

(1)You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40 qualifying quarters in the following ways:
By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act with quarters worked by your spouse during the marriage or a parent during the time you were under 18 years of age; or
Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or
A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.


Looking at the above we thought we were eligible but still USCIS didn't seem to accept it and sent an RFE instructing us to file I-864. I still don't understand why I don't fall in the eligible category. Anyways, without causing any delay, we sent them the I-864.

Okay - I was wondering because I also filed using the I-864w, but in my case I personally have credit over 40 quarters of work. I went back a read some of your previous posts and it looks like you should have been okay - but I guess the quickest thing to do was to file what they wanted and not argue with them. Good Luck.
 
ah i am so down.... a lot of school work (i am doing great at school)

our work was going to send my wife, myself, and a few other people to cancun mexico... but i am afraid to go with AP... so...

this IL is taking so long.... since the USCIS website is blocked here at my work can anybody check the processing times for orlando FL and see if they updated it??????
 
ah i am so down.... a lot of school work (i am doing great at school)

our work was going to send my wife, myself, and a few other people to cancun mexico... but i am afraid to go with AP... so...

this IL is taking so long.... since the USCIS website is blocked here at my work can anybody check the processing times for orlando FL and see if they updated it??????

Last update still shows April 15th for Orlando.

I-131 - Jan 16, 2008
I-485 - July 21, 2007
I-765 - Jan 29, 2008

For the MSC updated for April 15th.

I-131 - Jan 26, 2008
I-765 - Feb 5, 2008

These dates make no sense - if your file arrived on Feb 4 and you got your EAD on April 7th, that doesn't seem to follow at all. And when you look at other people's dates - they just don't seem to follow any pattern at all, so I wonder if it even really matters what the dates show for the offices.

Anyway... Good luck!
 
Here is a post from someone else from the Orlando DO posted on March 31st.

I have been following this page and forum since November, but never posted my case. Since I recieved my wife's IL I was so excited I wanted to post my timeline for others to see

DO: Orlando, FL


RD : 11/29/07
ND : 12/03/07
FP : 12/20/07
EAD Rec'd : 2/1/07
IL Rec'd : 3/25/07
Interview : 5/15/07

Not a single online update to the case since the fingerprint date.

If Orlando is only doing July 2007's I-485, then why did they get their IL in March and an interview for yesterday if their RD was in Nov 2007? The dates they (USCIS) post don't seem to make any sense to me.

But - based on their timing, your RD is about 9 wks later, so maybe you'll get your IL in early June for an interview in mid July. Other than that, it's just a guessing game!
 
Here is a post from someone else from the Orlando DO posted on March 31st.



If Orlando is only doing July 2007's I-485, then why did they get their IL in March and an interview for yesterday if their RD was in Nov 2007? The dates they (USCIS) post don't seem to make any sense to me.

But - based on their timing, your RD is about 9 wks later, so maybe you'll get your IL in early June for an interview in mid July. Other than that, it's just a guessing game!


thank you!!!!!!!
 
Married to USC
Timeline of my case -

02/18/08 - Mailed I-385, I-765, I-864W, I-131, G325, copy of Approved I-130
02/26/08 USCIS Recieved Date
03/03/08 Notice Date for I-131, I-485 and I-765
03/19/08 - RFE for Birth certificate and I-864 instead of I-864W
03/21/08 - Biometrics Completed
04/21/08 - Mailed RFE response
04/27/08 - I-485 case processing resumed in NBC
05/13/08 - I-131 (Advanced Parole) approved - Online update
05/16/08 - EAD Production card ordered - Online update
 
I remember posting something similar

Here is a post from someone else from the Orlando DO posted on March 31st.



If Orlando is only doing July 2007's I-485, then why did they get their IL in March and an interview for yesterday if their RD was in Nov 2007? The dates they (USCIS) post don't seem to make any sense to me.

But - based on their timing, your RD is about 9 wks later, so maybe you'll get your IL in early June for an interview in mid July. Other than that, it's just a guessing game!

No the timelines do not match at all. As you said it is a guessing game. We are waiting patiently.
 
Guess what....I got LUD on AP....Go figure...I have gotten AP like a month back and I get LUD on it?.....God Save from USCIS
 
for 5 weeks now no LUD or nothing after EAD received no IL, nothing... i feel like in the midle of the mud!
 
i hope all you guys/gals get IL's soon.
i have my interview next wednesday at noon. just scheduled a pre interview conference with my lawyer for friday to go over things. will keep you guys posted.
 
good luck klik4it.....yea this thread majorly cooled down. i guess thats a good thing. waiting for IL is not so stressful. my wife is working now, and my son is gonna start daycare next week. seems as if our life is finally gettin in order. plus they can visit canada now too so we go everynow and then.
 
Does getting EAD mean losing H1B status. My EAD is approved. Does that mean I am not in H1B status? Would appreciate your reply. Thanks!
 
Does getting EAD mean losing H1B status. My EAD is approved. Does that mean I am not in H1B status? Would appreciate your reply. Thanks!

No saddie- but if you USE your EAD you invalidate your H1B.......similarly, if you use your HIB you kinda of cancel your AP.
 
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Bmore Hopeful & Saddie

No saddie- but if you USE your EAD you invalidate your H1B.......similarly, if you use your HIB you kinda of cancel your AP.

This is my understanding, I could be wrong. I thought it was teh other way around if you use your AP you cancel your H1B, but you can still keep working on H1B, if you travel using your AP.
 
I agree SSK1974

This is my understanding, I could be wrong. I thought it was teh other way around if you use your AP you cancel your H1B, but you can still keep working on H1B, if you travel using your AP.

Thats the same thing i was trying to say- using your EAD or AP invalidates your H1B.
 
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