TSC Consolidated 485 Tracker

joy continues

just got a reply from the local congressman's office. my status is I am stuck in the name check. finger print was cleared fine. Due to this situation, there is nothing the congressman's office can do at this point. So basically I have to wait and joy continues...
 
LUD since 9/13/2006

I initiated an inquiry of my case on 3/5. For the first time since 9/13/2006, there is no LUD but today 4/3/2007. I am crossing my fingers. :rolleyes:
The message still stated the same: ON 7/12... we received....xxx.
If my suspection is true: I-485 will be approved by the end of this week: Anyone know I should get my passport stamped before travelling? I have no time to do that. Does anyone know that I can travel via my AP or H1B visa to reenter even if my I-485 is approved before I leave but haven't received the card?
Thanks a million!!!!
 
HI Joelly,
Thanks a lot!! I wish that is a good news. But I am also afraid that it might be their sending out the letter for my inquiry on 3/5. If that is the case, I have a long way to go. Hope it is not that case!!! Hope I can share good news with everyone soon.
 
phc said:
I initiated an inquiry of my case on 3/5. For the first time since 9/13/2006, there is no LUD but today 4/3/2007. I am crossing my fingers. :rolleyes:
The message still stated the same: ON 7/12... we received....xxx.
If my suspection is true: I-485 will be approved by the end of this week: Anyone know I should get my passport stamped before travelling? I have no time to do that. Does anyone know that I can travel via my AP or H1B visa to reenter even if my I-485 is approved before I leave but haven't received the card?
Thanks a million!!!!
Click to expand...

Hi phc,

I hope this is a sign of good news to come!! I am going through the same experience as you. I received an LUD yesterday on my i-485 and another LUD today (without message change). This happened after months of silence (last LUD was in December 2006 when I changed my address). I don't know if this LUD is caused by the inquiries I iniatiated over the last 6 weeks, or if this is a sign of processing (??) Also interestingly, my wife's i-485 didn't get any LUDs. hmmm... Let's see what happens. Please keep us posted and I will do the same.
 
My 140 is approved and 485 is pending for more than 180 days. Myself and my spouse both have EAD and AP

My H1B expires in the 3rd week of May 2007 and hence my I-94.

Do I need to reenter US based on my EAD/AP , if I am not going to extend my H1B ? I mean, will I be in legal status based on valid EAD , even if I-94 is expired ?

I would appreciate your help.
 
I am in the same situation as yours, my H1b will not be extended and I asked my company lawyer about this.

As long as AOS is filed the status moves from Non Immigrant to Immigrant ( though we are all waiting in purgatory)

Having I-140 approved reduces the risk of not having H1b cover and only 485 being filed. At the same time if 485 is denied then things can have a nasty turn as the without H1b there is no legal grounds of stay in U.S.

If there is any way to get H1b extended please do so. This is the supposedly safer route. If not then do not sweat. Denials at 485 stage would come but are rare.

You need to use AP for any entry in to U.S and MUST enter before expiry of AP as otherwise 485 is considered abandoned.



RJ_NJ2002 said:
My 140 is approved and 485 is pending for more than 180 days. Myself and my spouse both have EAD and AP

My H1B expires in the 3rd week of May 2007 and hence my I-94.

Do I need to reenter US based on my EAD/AP , if I am not going to extend my H1B ? I mean, will I be in legal status based on valid EAD , even if I-94 is expired ?

I would appreciate your help.
Click to expand...
 
Last edited by a moderator:
my h1b expired on 4/1/2007
I applied for renewal on 3/30/2007 since my ead wasnt approved
but i got my ead approved on 3/31/07 :)


RJ_NJ2002 said:
My 140 is approved and 485 is pending for more than 180 days. Myself and my spouse both have EAD and AP

My H1B expires in the 3rd week of May 2007 and hence my I-94.

Do I need to reenter US based on my EAD/AP , if I am not going to extend my H1B ? I mean, will I be in legal status based on valid EAD , even if I-94 is expired ?

I would appreciate your help.
Click to expand...
 
NIW_Engineer said:
Alright, here's what I suggest: Usually, when you do biometrics the FBI gets the prints the same day or maybe the next and then they return the results to USCIS the same day or maybe the next. Call the FBI fingerprint unit (be prepared and have your receipt notice and your A#) to check if they processed your prints... you might be able to ask about your wife's, I'm not sure.

Anyway, if the FBI says they sent the result to USCIS then try to contact them (try the POJ technique to get to TSC not the worthless national customer service center) and ask if they received it. If you're lucky you might get a nice officer who will tell you.

The number for the FBI fingerprint unit is in the bottom of this page:
http://www.fbi.gov/hq/cjisd/iafis.htm

The POJ technique to get to TSC is detailed in this post:
http://www.immigrationportal.com/showthread.php?p=1623626#post1623626

Let us know what happened. Good luck.
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Hi,

I tried to call both the numbers however I was told that they cannot provide me with any information. My wife got the same response. However I did get approval for EAD and AP for myself. My wife got EAD approval but her AP is still pending. What is going on? Any help would be appreciated.
 
I think I confused above. Simple question.

Can anybody tell me whether I will on a legal status based on my valid EAD, if my I-94 is expired ? How will this be recorded in the system, when one leave country for a vacation ?
 
Here's what I understand

As long as your AOS is pending, your stay is authorized (= legal) even after your non-immigrant status expires and you are technically out of status. However, in that case, you cannot work without work permission (in your case you can because your EAD is approved) and you cannot go out of the country without approved advanced parole. When you re-enter on AP, your "status" is the one as a parolee and as I understand it (but I'm not 100% positive) you get I-94 as a parolee on re-entry, which expires one year.

The general rule though, is never get off your H1-b status. It's your fallback plan should anything wrong happen to your I-485 (then in that case you won't be out of status instantly).

RJ_NJ2002 said:
I think I confused above. Simple question.

Can anybody tell me whether I will on a legal status based on my valid EAD, if my I-94 is expired ? How will this be recorded in the system, when one leave country for a vacation ?
Click to expand...
 
geofu54,

Thanks for the clarification. Since I have EAD now, my company is not willing to spend on H1 .By the way, I am in the 8th year and if my 485 is rejected ,I will be out of status anyway from that day onwards, even if I have H1B . Why do I need H1B ?


geofu54 said:
As long as your AOS is pending, your stay is authorized (= legal) even after your non-immigrant status expires and you are technically out of status. However, in that case, you cannot work without work permission (in your case you can because your EAD is approved) and you cannot go out of the country without approved advanced parole. When you re-enter on AP, your "status" is the one as a parolee and as I understand it (but I'm not 100% positive) you get I-94 as a parolee on re-entry, which expires one year.

The general rule though, is never get off your H1-b status. It's your fallback plan should anything wrong happen to your I-485 (then in that case you won't be out of status instantly).
Click to expand...
 
If you are working on H1-b and NOT on EAD while I-485 is pending, and you get I-485 denied, then you are still on H1-b, meaning you are on status and your presence in this country is still legal. This gives you time to think what to do next. The point is your I-94 expiration date... you being in the 8th year does not matter I believe.

On the other hand, if you start working on EAD (using EAD for work invalidates your H1-b even before the I-94 expiration date) or if you don't extend your H1-b upon its expiration and start using EAD, then technically you are not "on status" but your presence in this country is "authorized" based on your pending I-485 adjudication. Thus if you get your I-485 denied in that situation, there is no legal ground for your presence in this country anymore (I-485 is not pending anymore, it's rejected).

That is why many people keep H1-b even if they apply for EAD and get it approved. It's just for your security and insurance. Meanwhile though, I see not a few working on EAD (in the forums here)... if your case is a routine, straightforward case, I'd guess perhaps you may not have to worry too much about insurance.

RJ_NJ2002 said:
geofu54,

Thanks for the clarification. Since I have EAD now, my company is not willing to spend on H1 .By the way, I am in the 8th year and if my 485 is rejected ,I will be out of status anyway from that day onwards, even if I have H1B . Why do I need H1B ?
Click to expand...
 
as the joy goes on...

my question is what can be done once I know I am stuck in namecheck? what are the options besides waiting and talking crap about it? After reading a lot, I see the WOM option is basically out. I cannot call fbi and ask, cause they say it in their nice faq, we are not supporse to call and they only respond to the original requestor of the check which is USCIS. Calling USCIS waste of time and effort. There has to be ways out of this hell. What are your thoughts?
 
ejon said:
my question is what can be done once I know I am stuck in namecheck? what are the options besides waiting and talking crap about it? After reading a lot, I see the WOM option is basically out. I cannot call fbi and ask, cause they say it in their nice faq, we are not supporse to call and they only respond to the original requestor of the check which is USCIS. Calling USCIS waste of time and effort. There has to be ways out of this hell. What are your thoughts?
Click to expand...
There is something you can do.
Look at this document

http://www.ala.org/ala/washoff/WOissues/civilliberties/theusapatriotact/Muellerresponses050206.pdf


The FBI is making enhancements to its Dissemination Database that will
promote a paperless process within the next two or three months and
provide a platform for commercial off-the-shelf products to greatly
enhance search capability, improving tracking and workflow management.



You can ask your congressman/Arlen Specter to inquire whether these measures are in place. Since this was a congressional testimony, it's a valid question.
 
EB2 India to retrogress..

Have you seen the immigrationvoice website? Some guy was able to convert his I140 from EB3 to EB2 and is posting detailed instructions for everyone. It's the hottest topic today (even hotter than H1B quota)

Here's what I think will happen next:

1. There'll be a tsunami of conversions from EB3 to EB2.
2. EB2 India will retrogress, probably to late 2001.
3. EB3 ROW will follow suit, although it won't retrogress that much.
4. EB2 India will get to Dec 2002 in next 10 to 15 years. EB2 ROW and other retrogressed countries will also be affected.

When will EB2 India retrogress? Hard to say. I think by Sep this year it'll start retrogressing. By this time next year it'll be definitely be retrogressed - permanently.

If your PD is in 2002 or 2003 pray hard. If it's later - forget about GC, start looking at Canada/Australia or your home country...
 
'great' !!

I hope, by Sep.'07 my GC comes through ;-)

rollingstone said:
Have you seen the immigrationvoice website? Some guy was able to convert his I140 from EB3 to EB2 and is posting detailed instructions for everyone. It's the hottest topic today (even hotter than H1B quota)

Here's what I think will happen next:

1. There'll be a tsunami of conversions from EB3 to EB2.
2. EB2 India will retrogress, probably to late 2001.
3. EB3 ROW will follow suit, although it won't retrogress that much.
4. EB2 India will get to Dec 2002 in next 10 to 15 years. EB2 ROW and other retrogressed countries will also be affected.

When will EB2 India retrogress? Hard to say. I think by Sep this year it'll start retrogressing. By this time next year it'll be definitely be retrogressed - permanently.

If your PD is in 2002 or 2003 pray hard. If it's later - forget about GC, start looking at Canada/Australia or your home country...
Click to expand...
 
arrow007 said:
Hi,

I tried to call both the numbers however I was told that they cannot provide me with any information. My wife got the same response. However I did get approval for EAD and AP for myself. My wife got EAD approval but her AP is still pending. What is going on? Any help would be appreciated.
Click to expand...

Hey arrow,

The person at the FBI number should tell you if they sent "the result" back to USCIS. That's all; they will not get into detail if there was a "hit" or anything during your fingerprint check. When I called them, they only told me: "Yes... we received your print on June 14th, 2006 and that same day we sent the result back to them." What exactly did they say? perhaps this is some new policy of not even giving this basic information.

With respect to calling TSC, follow the steps to POJ strictly, otherwise you're gonna get the worthless National Customer Service Center. This is not TSC and is staffed not by CIS employees but private contractors that have no access to any useful information (in fact they only read the same crap we can see online) and know nothing about immigration law and procedures. If you do get to TSC they'll say: "Texas Service Center" when answering the phone. If in doubt ask if they are with TSC. Sometimes you get somebody nice and helpful, sometimes you don't. Try several times and let us know what happens.
 
Me too

RJ_NJ2002, I just have almost exact situation as yours. I am from NJ as well as my 8th yr H-1B just expired. My I-485 RD was in June, 2006 and so far I have not seen any LUD since last Oct. Currently my wife and I are both working based on our EADs. We have valid APs as well. Just like your situation, my company would not pay for the 9th yr H-1B extension simply due to that I have EAD already. I decided to abandon my H-1B and just rely on my EAD fron now on. (Anyway, I guess that my wife automatically invalid her H-4 when she started using her EAD last year.) p.s. I am tired of extending my H-1B each year already. I'd to extend EAD annually instead.

RJ_NJ2002 said:
geofu54,

Thanks for the clarification. Since I have EAD now, my company is not willing to spend on H1 .By the way, I am in the 8th year and if my 485 is rejected ,I will be out of status anyway from that day onwards, even if I have H1B . Why do I need H1B ?
Click to expand...
 
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