Texas Consolidated I140 Tracker

[GCLANDS]

You can't apply for your daughter's AP while she is in India.
She has to be here when you apply and she should be here when it is approved to use the AP in reenter the country.

So your daughter should enter the country before her H4 expires, otherwise the only option you have is change her GC to Consular process.

That's my understanding of the AP.
You better ask your attorney about this..

Hi All,

I know this may not be the right forum to ask this question but since it is one of the most active forums so I decided to ask anyway with the hope that some one will throw light on this.

I have a unique situation. I am currently on H1B which is expiring in December, 2005 and will be applying for EAD/AP for my self in about a month.

My daughter is currently on H4 which is also expiring alongwith my H1B and is currently in India.

My question is:

- Whether I can apply for Advance Parole for her while she is in India?
- Whether she can come here on H4 before it expires and leave again with the
Advance Parole (assuming it will be approved by the time she plans her
trip)?

Is anyone in this situation before?

Any inputs would be appreciated.

Thanks

 

[gc_us_02]

Hi GCLANDS,

Can I just change her I-485 to be consular process while keeping me and my wife to be here?

Also if we decide to let my daughter's I-485 be abandoned (If she does not get advance parole and her H4 expires before I-485 is approved or USCIS drops her case), can we send her a visitor visa after we get our GC?

Why I am asking all this is looks like she would be just visiting us or we will be visiting her since she decided to go to school in India and all that we want for her is to get her citizenship when we are eligible for it in future.

I appreciate your input.

Thanks

You can't apply for your daughter's AP while she is in India.
She has to be here when you apply and she should be here when it is approved to use the AP in reenter the country.

So your daughter should enter the country before her H4 expires, otherwise the only option you have is change her GC to Consular process.

That's my understanding of the AP.
You better ask your attorney about this..

 

[BobbySingh]

future planning

I see people from lc processing slowly trickling over as lc's get approved.
Question: I saw my LC screen shot and my labor is approved but of-course it takes two months or so before one gets the hard copy. I already know that my labor is approved so can i ask my lawyer to file for 140/485 so that I can save two months time?
Any suggestion fellows?

 

[skapa]

Hi GCLANDS,

Can I just change her I-485 to be consular process while keeping me and my wife to be here?

Also if we decide to let my daughter's I-485 be abandoned (If she does not get advance parole and her H4 expires before I-485 is approved or USCIS drops her case), can we send her a visitor visa after we get our GC?

Why I am asking all this is looks like she would be just visiting us or we will be visiting her since she decided to go to school in India and all that we want for her is to get her citizenship when we are eligible for it in future.

I appreciate your input.

Thanks

gc_us_02,

I would suggest you to talk to some good lawer before you take any decision. Once you abandonded her GC, it would be very tough for her to get her GC soon. One more thing, I have been told that USCIS is tracking I-94. If lshe eave US with H4 status, she has to return with same status. Or if you able to get her AP, then she can come back using AP.

If you decideds to send your daugher to school in India, then maintaing her GC is also tough. There are certain restriction to stay in India for longer time.

 

[BobbySingh]

I am sure if you pay to lawyer, he can do this for you.
but if your company is big and hired your lawyer, it may not easy.
I know one guy paid his lawyer 2 months earlier when he knew his LC approved. his lawyer didn't believe him at the beginning. But for the money sake,the lawyer filled out all the forms. After one day of LC hard copy arrived, the boss signed the paper and form for I140 and filed it. otherwise, it takes a little bit time for company's financial statement and medical examination.
if you are EB2, do it right now. one day can make you ahead of thousands of other applicants...

thanks man, i just called my manager and he told me to stay put. he said in trying save two months i might screw something else up.
I am reltively new to eb2,3,4 stuff. I know i am eb2/rir. is that good? secondly, will 140/485 processes take under eb2/rir/lc pd 1/31/2003?

 

[mahap001]

thanks man, i just called my manager and he told me to stay put. he said in trying save two months i might screw something else up.
I am reltively new to eb2,3,4 stuff. I know i am eb2/rir. is that good? secondly, will 140/485 processes take under eb2/rir/lc pd 1/31/2003?

You need to submit a copy of the approved labor certification along with your other USCIS forms/documents.

Hope you get this certified copy before 12/31/05 so that you can apply I-485 before the PDs retro.

 

[BobbySingh]

You need to submit a copy of the approved labor certification along with your other USCIS forms/documents.

Hope you get this certified copy before 12/31/05 so that you can apply I-485 before the PDs retro.

I sure hope so..and I definitely do not want to be in another queue for the next decade. Hypothetically, if I were to file 140/485 in sept, how long before i become a citizen. okay I was joking but seriously, how long is it taking now to get ead and then 485 approval? I get confusing info on uscis website and what i have read in forums before. thanks

 

[kalpanalulay]

I-485 Fees

Can anyone tell me where i could find the visa fees included for the I-485 stage. I have just applied for the I-140 and want to get ready for the next stage.

thank you

 

[mahap001]

I sure hope so..and I definitely do not want to be in another queue for the next decade. Hypothetically, if I were to file 140/485 in sept, how long before i become a citizen. okay I was joking but seriously, how long is it taking now to get ead and then 485 approval? I get confusing info on uscis website and what i have read in forums before. thanks

Citizenship: 5 or 6 years from date of being PR. I think it is 6
I-765: 4-6 weeks ( if I485 is filed)
I-131: 5-7 weeks (if I-485 is filed)
I-140: 5-7 weeks
I-485: 8-26 weeks
The above dates are estimates and assuming no RFE's and bad luck.
Check the TSC procesing dates

 

[mahap001]

Can anyone tell me where i could find the visa fees included for the I-485 stage. I have just applied for the I-140 and want to get ready for the next stage.

thank you

http://uscis.gov/graphics/formsfee/forms/i-485.htm

 

[mahap001]

Where did you find that I-485 is 8-26 weeks? I thought it was more than one year (more than 52 weeks) in Texas according to www.uscis.gov. Are you sure 26 weeks is maximum?

A month back, TSC reported 154 weeks. I think TSC will report iaround 26 weeks in their next update (after 8/18). CSC has already reported 04/2005. The targets set for all the centers is 6 months or less in their backlog elimination efforts.

My attorney says 12-16 weeks from the date of FP (3) and provided there are no RFE's.

 

[gc_us_02]

She is currently on H4 which is valid till December 10, 2005 and is planning to come back on H4 sometime in October.

Just that I want to go ahead and apply for AP now and keep it ready by the time she comes in October so she can travel back on H4 in October and use AP after her H4 expires. She may not be able to spend two months here waiting for AP as she would loose attending school.

This way her travel date in October will be after the date AP is approved.

Thanks

gc_us_02,

I would suggest you to talk to some good lawer before you take any decision. Once you abandonded her GC, it would be very tough for her to get her GC soon. One more thing, I have been told that USCIS is tracking I-94. If lshe eave US with H4 status, she has to return with same status. Or if you able to get her AP, then she can come back using AP.

If you decideds to send your daugher to school in India, then maintaing her GC is also tough. There are certain restriction to stay in India for longer time.

 

[BobbySingh]

thanks for the info

thanks for the info Mahapat001.

 

[siva73]

Hi

I am new to this Forum, i just recently got my labor (EB2, RIR) approved.Planning to apply for I 140 and 485 concurrently.For filing I 140 and 485 my lawer asked last 2 years of W2s.i have only previous year W2,but before that year i have w2 for very less amount (not even 20k).Is it possible to apply for I 140 and 485 with previous year W2 only.Will there be any problem if i put the W2 having very less pay.Please advice.

 

[GC_Baawraa]

How long for EAD,AP?

My company filed my app in mid July.

How long does it take for EAD and AP approvals?

My company is small and paying for this so they are asking the lawyers not to give me any information except only approvals. Manager says co. policy. I dont have any receipts.

I am the only one in the co. in this status at this time so i dnt have any reference.

Thanks for your response - Baawraa.

 

[mahap001]

You do not have to provide W2 at all. W2 is just an extra. The green card position is the one you will fill after 485 is approved. It is not the one you are currently working for. So the salary you are earning now is not the same as the one on you application and it is not important.

W-2s and past tax returns are important. Yes, the salary amounts are not relevant because of what VA001 has mentioned. But, USCIS wants to verify the following:

a. That you did not violate your current status even if I-94's are valid.
b. Your tax status: NR or resident

If you do not submit W2s and tax returns, you may get a RFE and that will delay processing of application. During these times (retrogression), it is important that your application is complete in all respects.

 

[siva73]

W-2s and past tax returns are important. Yes, the salary amounts are not relevant because of what VA001 has mentioned. But, USCIS wants to verify the following:

a. That you did not violate your current status even if I-94's are valid.
b. Your tax status: NR or resident

If you do not submit W2s and tax returns, you may get a RFE and that will delay processing of application. During these times (retrogression), it is important that your application is complete in all respects.

Yes, i have applied tax returns regularly, only concern is about less pay on W2

 

[siva73]

You do not have to provide W2 at all. W2 is just an extra. The green card position is the one you will fill after 485 is approved. It is not the one you are currently working for. So the salary you are earning now is not the same as the one on you application and it is not important.

Thanks VA001

 

[rayman6]

new to TSC forum

folks,

am new to the TSC forum. all this while i was in the NSc forum. Can u pls tell me whats the estimate time for 140 to be approved under EB2? I checked the process times and TSc is currently processing June 2005. Are these times accurate or close to it. I hv a year left and am trying to file labor/140 at TSc. Hopefully, if eb2 does not retrogress then will file 485 too.

Pls advise folks. also i hv another thread regd edu rfe. if u could respond to that and give ur insights, would be very much appreciated.

regds

 

[g2p2]

to austinjoe: I-140 approved yet

Hello austinjoe:

Is your I-140 approved yet? Please let us know. I am curious as I am trying to guess/estimate how much time it will possibly take for my case.

Thank you very much for sharing valuable and helpful info.


<Re: your message posted 20th August 2005, 05:15 PM >

Thanks a lot for your valuable sharing on your cases -- ACS-78 / Skapa / Lorven999 / mahap001

My I-140 has RD:8/1/2005, ND:8/3/2005 (I-797C reciept notice sent out), then I saw LUD 8/18/2005, but no email and nor web on-line status change. Wish I would see snail mail from USCIS next week as you lucky guys .