TSC Consolidated 485 Tracker

prince123 said:
And i asked whether i will get 3 year extension since the I-140 is approved.
But attorney said 'NO', since my PD is current.
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I believe your attorney is correct:

-- If you are not eligible to file for i-485 (immigrant visas not available), then they grant you a 3-year extension;

-- If you are eligible to file for i-485; you will only be granted extensions in one-year increments until your i-485 is adjudicated.
 
When someone got an EAD and 485 has not yet approved , what is the necessity of applying for H1B extension ? I saw earlier someone mentioning about risks of not applying H1B extension. If your 485 is rejected, your H1B is not going to be valid anyway , if you have crossed 6 years on H1B .

As I have an EAD, my company is not filing my H1B extension. Any advice on risks invloved with this , if someone already crossed 6 years on H1B.
 
RJ_NJ2002 said:
When someone got an EAD and 485 has not yet approved , what is the necessity of applying for H1B extension ? I saw earlier someone mentioning about risks of not applying H1B extension. If your 485 is rejected, your H1B is not going to be valid anyway , if you have crossed 6 years on H1B .
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That's not correct. H1b will be valid regardless your GC processing status. As for 3-year extension, many people get it even when their PD's are current. It's a gray side of law and looks like USCIS is not willing to check PD's and 485 filing status for H1 petitioners.
 
Thanks a lot for your reply.

I will be thankful to you if you can explain it to me a little bit more

1) What steps I need to take to switch from H1b to EAD (before travelling). Do i need to inform my HRO? Or HRO need to do some paperwork?
2) What will be the hiccups after approval of I485 during my outside stay? Is it really serious matter?

Best regards,

Chan

KeenOnGC said:
Hi Chan,
From my knowledge, you have 2 options. Either the H1-B route or the EAD route.
If you choose to travel on your H1B, you will require an H1-B stamping in your passport. I know people who have been to Canada to get their H1-B extensions stamped (beyond 6 yrs), this is the safest bet. When you re-enter US, you will not have too much trouble with your stamped H1B.
You can also travel on your advance parole, but you will need to check if this means giving up your H1B status, and working on your EAD.
The other risk you might run is if your 485 gets approved while you are away. I think that might cause some hiccups (check with someone who knows immigration well enough).
Your wife can travel on her AP since she has a valid H4( though not stamped).
My advice would be to get some clarifications on it.
BTW, I am sure there are other forums with similar information.
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Case similar to GEOFU54..

GEOFU54 same situation as mine. Wifes 485 pending for almost 10 months. Mine got approved within 6 months. Dont know what the reason.


geofu54 said:
I know... my spouse is saying exactly the same thing. I myself did not expect it to be approved this (relatively) fast; I thought it was going to be at least 8 months to one year and if we got past the latter point that would mean we was seriously in trouble. Now that she has it still pending being "left behind," she sort of feels something may be wrong with her application (i.e., there may be some problem that my application didn't have but hers does) and the question is how serious it may be. Hopefully we will be able to figure it out at infopass. At least, we keep saying to ourselves, she is on status. At some point we may need to consider applying for AP (and perhaps EAD too). But for now, we see if we go beyond the processing time + 30 days or not.
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RJ_NJ2002 said:
When someone got an EAD and 485 has not yet approved , what is the necessity of applying for H1B extension ? I saw earlier someone mentioning about risks of not applying H1B extension. If your 485 is rejected, your H1B is not going to be valid anyway , if you have crossed 6 years on H1B .

As I have an EAD, my company is not filing my H1B extension. Any advice on risks invloved with this , if someone already crossed 6 years on H1B.
Click to expand...

H1 b will be valid regardless of the rejection of 485 , Also once someone get 3years extension now then god forbid there 485 is rejected 2 years later, then they can file for new labor and then 140 premium processeing again , enabling them in time to apply for another 3 year extension based on new 140 petition
 
Update on my Infopass appt today

I had an infopass appt today at Los Angeles.

I was sent to an officer of Chinese Origin. He was very very polite.

I mentioned the reason for my being there which is Texas Service Center is 30 days past my Received Date.

He checked the system and said that my case is under FBI Namecheck.

I then asked him if it had been preadjudicated. He said Yes.

He went on to say that if the Security Check comes back ok, I should receive my GC.

So - My wait continues.
 
How Far!!!!!

Hi Gurus
I called USCIS today and one nice lady picked up and surprised by the receive date of my case and opened an enquiry. She also asked me to call if I do not hear anything in next 30-45 days. Does anyone here think that will result anything?

PD: May 2002
I140 Approval-July 2006
I485: Rd-April 2006
FP: May 2006
 
Why you are hopefull ?

richshi said:
I am still hopeful that this new system will improve their efficiency once into full function. The system was set up in Jan, in trial now, will swing into full function in March.

I don't see anything wrong with hope for the best (but prepare for the worst) as long as you do what you need to do to have your case approved. I guess I am an optimistic person after all, while you may be on the opposite side. But it does not matter, luck plays an important role in one' life, but you can hardly do anything about it. Be happy.
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richshi, Can you please explain why you are so hopeful about this new process ? Give us some logic, what you know this new system will do? May be I don't understand the new systems goal. Please sale us the idea so that we all can share the same optimism as you and feel happy and hopeful.
 
channon said:
Thanks a lot for your reply.

I will be thankful to you if you can explain it to me a little bit more

1) What steps I need to take to switch from H1b to EAD (before travelling). Do i need to inform my HRO? Or HRO need to do some paperwork?
2) What will be the hiccups after approval of I485 during my outside stay? Is it really serious matter?

Best regards,

Chan
Click to expand...

Chan,
I sent you a pm.
I would suggest accessing a forum where they discuss travel issues on AP and working with EAD. You will find that a lot helpful.
-KGC
 
Has anyone heard anything about the new USCIS system for centralized security check info since its announcement last year? None of the large law firms (like Murthy, Shuttersman, or even AILA) mentioned anything useful. In fact I don't even know whether it is in operation by now.

The system is, by all sources available, merely a new database to store security related results in a now centralized location. Will it help to speed up the process? Maybe. Will it solve the name check backlog problem? Not a chance. Because it doesn't touch the true bottleneck which is the FBI spending an enormous amount of time running the process. And to think about it, the USCIS doesn't care, or even worse, actually benefits from a slow moving FBI. For one, they can claim their processing time is within target because of a shady/fuzzy math of counting out everyone stuck in name check. Secondly, they make a lot more money from AP/EAD/H1B renewals. Thirdly, they don't have to bear any responsibilities by not pressuring the FBI at all.

For people like us who are stuck or will be stuck for a while, expose the problem is a key step (maybe the only one) to improve the situation. Write to congress, fax to the whitehouse, email media, call local radio shows, talk to employer, file WOM if qualified, anything. If enough people act you can bet things will get better. There is no need to look for templates or form letters, your own experience in your own words is the evidence and getting the word out is the key. But most importantly, while you act on (rather than worry about) the problem, try to relax and enjoy life :)
 
visa stamping vs. advance parole

hello,
i am just like some of us here, stuck in name check.
this summer i plan to go visit my country.
i do not have visa anymore.
my h1 will expire in 2008.
can i just go and visit US embassy in my country to get visa
based on h1,
or, do i need to apply for advance perole?
if both work, what is the advantages of each?
thanks
wong_cilik
 
Wong,
For many people on this board AP is clearly the winner, simply because we either have to go to Canada or Mexico to apply for H1B visa stamp, or wait sometimes months in certain home countries. In any situation, you may be stuck (yes, again) in security check and have no idea how long you will have to stay there. So depending on how long it takes to process an H1B application, and the rejection rate, in your home country, it should be an easy decision.

Do note that some immigration attorneys worry about using AP and possibly jeopardizing your H1B status, even though most believe it is OK - as long as you don't use EAD, your H1 remains valid. USCIS has delayed issuing regulations in this area for years, so it is totally up to your tolerance level.

BTW, there is a forum dedicated to AP, which may be more suitable for your question. Good luck!

wong_cilik said:
hello,
i am just like some of us here, stuck in name check.
this summer i plan to go visit my country.
i do not have visa anymore.
my h1 will expire in 2008.
can i just go and visit US embassy in my country to get visa
based on h1,
or, do i need to apply for advance perole?
if both work, what is the advantages of each?
thanks
wong_cilik
Click to expand...
 
There seems to be a mass transfer of I-485 applications from VSC to TSC. Visit VSC 485 thread. My case was transferred 4 months back from TSC to VSC. I don't know what is happenning with my case at VSC but lot of people posting that their cases has been transferred from VSC to TSC. Most of them seems to be old cases.

We are all going to wait at either TSC or VSC for long for sure.
 
wong_cilik said:
hello,
i am just like some of us here, stuck in name check.
this summer i plan to go visit my country.
i do not have visa anymore.
my h1 will expire in 2008.
can i just go and visit US embassy in my country to get visa
based on h1,
or, do i need to apply for advance perole?
if both work, what is the advantages of each?
thanks
wong_cilik
Click to expand...

In my case, i just don't want to go the embassy for visa stamp. So planning to use AP. Also, if you don't have AP and rely on the visa stamp, what happens if visa stamp process gets stuck in security check. It might take up
to 6 months to get the security clearance (althought this happens only to
a very small percentage of applicants) and one might loose the job here.
So, for me, AP is a clear winner.
You can continue extending the H1B status although you will have a 'parolee
status' ( and they put a date on then I-94 saying 'paroled until <date> )
each time you enter on AP.
 
Overstay and 485 processing

I have a general question on overstay. What is the effect of 2 months overstay on 485 processing

Thanks
 
Weird thing, biometrics for 4 yrs old kid, please comment

My EB2 based I-485 has been pending with TSC for more than 8 monts. On InfoPass, I was told that I am stuck in name check. Now, all the sudden, I received a letter from USCIS asking my 4 years old daughter to go to local office for biometrics. My wife and I have already done FP a few months ago. I thought they don't do biometrics for 4 years old. It doesn't say finger printing. It just says biometric - which could be just a picture.

ANY CLUES? Weird thing is there are no LUDS online.
 
You are almost there.
Check the thread for child FP in Finger Printing issues.
It is a good sign.

msabir said:
My EB2 based I-485 has been pending with TSC for more than 8 monts. On InfoPass, I was told that I am stuck in name check. Now, all the sudden, I received a letter from USCIS asking my 4 years old daughter to go to local office for biometrics. My wife and I have already done FP a few months ago. I thought they don't do biometrics for 4 years old. It doesn't say finger printing. It just says biometric - which could be just a picture.

ANY CLUES? Weird thing is there are no LUDS online.
Click to expand...
 
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