NEBRASKA CENTER I-485 questions

educatedcat

Registered Users (C)
1. My RD for I-485 is March 2003, from the Nebraska center I live in Idaho). On the USCIS website, there has been no change in the processing date (May 31, 2002 has been listed for ever now for cases being processed). I would like to know if anyone has gotten their I-485 approved and what the lastest date is. Is it really pre-May31, 2002?

2. Also, what is a "name check"? I had my second FP request last month. I have noticed from the forum info that people are individually sending name check request to the FBI. How do I know who to contact about name check?

3. Also, I have not been home in over five years. I do not have an H1-B stamped in my passport. I need to go home. I have applied for a AP, but do I need a EAD, as well? I am from Bangladesh.

4. If I EVER get my I-485 approved and I get my passport stamped, can I travel freely even if I do not have the plastic card? Can people change jobs WITHOUT the plastic card?

Thank you!
 
The processing date (May 31, 2002) is just a guildeline. From this and other forums, you'd gather that folks with Receipt Date prior to this are still waiting to hear back. Likewise, there've been approvals for Receipt Dates in 2003 and 2004 from Nebraska service center. Note that starting Jan 05, Priority Date's will also determine when your 485 will be processed. Read about it in this and other forums like rupnet.com/immigration.
 
educatedcat said:
1. My RD for I-485 is March 2003, from the Nebraska center I live in Idaho). On the USCIS website, there has been no change in the processing date (May 31, 2002 has been listed for ever now for cases being processed). I would like to know if anyone has gotten their I-485 approved and what the lastest date is. Is it really pre-May31, 2002?
---other poster has replied
2. Also, what is a "name check"? I had my second FP request last month. I have noticed from the forum info that people are individually sending name check request to the FBI. How do I know who to contact about name check?
--------USCIS checks FBI Data beforeI-485 approval, if they have any concern then let you know, nothing to worry if you have no arrest record or you belong to country that sponsor terrorism
3. Also, I have not been home in over five years. I do not have an H1-B stamped in my passport. I need to go home. I have applied for a AP, but do I need a EAD, as well? I am from Bangladesh.
---------- once you get AP approved in hand you can go out and be back before AP expires, EAD is Only for work nothing to do with travel. if you have EAD keep it with you
4. If I EVER get my I-485 approved and I get my passport stamped, can I travel freely even if I do not have the plastic card?
------ YES and stamp in passport will be valid for 1 year from the date you get PP stamp
Can people change jobs WITHOUT the plastic card?
----- They can but for keeping your record clean better work with employer who sponsored your GC for 6 months to be safe after GC or I-485 approval.
Thank you!
 
Thank you, and one more question

Thank you for both of your responses.

I am going ahead and applying for an EAD as well, simply because someone told me that if I go home on an AP and come back WITHOUT an H1-B visa stamped in my passport (I don't have an H1-B visa), then I won't be able to work at the job I have because the H1-B approval is a non-immigrant visa, and I would be entering the country on immigrant-I-485 status. I applied for the EAD on my own last night, via the internet.My father is deathly ill and I may have to leave for Dhaka before my EAD is processed. How bad is my situation? Can I not leave the country and come back and work? I don't want to risk going to the US consulate in Dhaka to get an H1-B stamped.

By the way, I want to thank you (moderators, responders, the lawyers of this site) all for providing this forum. THis is the best support system. I can't tell you how much I appreciate this site.

Thanks!
 
educatedcat said:
Thank you for both of your responses.

I am going ahead and applying for an EAD as well, simply because someone told me that if I go home on an AP and come back WITHOUT an H1-B visa stamped in my passport (I don't have an H1-B visa), then I won't be able to work at the job I have because the H1-B approval is a non-immigrant visa, and I would be entering the country on immigrant-I-485 status. I applied for the EAD on my own last night, via the internet.My father is deathly ill and I may have to leave for Dhaka before my EAD is processed. How bad is my situation? Can I not leave the country and come back and work? I don't want to risk going to the US consulate in Dhaka to get an H1-B stamped.

By the way, I want to thank you (moderators, responders, the lawyers of this site) all for providing this forum. THis is the best support system. I can't tell you how much I appreciate this site.

Thanks!

You can leave anytime after your AP is approved. You do not need to file EAD or wait for its approval if you file it. You should be able to get back into US on AP with no problems and continue to work on H1 or on EAD, if you prefer the EAD. Note that I am assuming that you are still working for the sponsoring employer.

Checkout the following FAQ from Sheela Murthy:

"Question : Can a person who enters on AP work on H1B and not use his EAD?
Answer : Yes, a person may enter on AP and still work on H1B with that sponsoring employer without using the EAD. There are only two INS Guidance Memos, one from March 2000 and another from May 2000, superceding some clauses in the March 2000 Memo which address many of these issues pertaining to H1B, AP and EAD.
Date : 2003-06-02"

Goodluck!

- ab
 
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