I had a LUD on Dec 16 for both my spouse and my I-485. My I-140 was approved on Nov 28. So, I am not sure whether these 2 LUDs corresponds to the pre-adjudicated of my case. Since then, there is no more LUDs...
TSC Consolidated 485 Tracker
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I had a LUD on Dec 16 for both my spouse and my I-485. My I-140 was approved on Nov 28. So, I am not sure whether these 2 LUDs corresponds to the pre-adjudicated of my case. Since then, there is no more LUDs...
AP question
Hi
I am planing to apply afresh for my wife's AP as the current AP is approved after she left US, while she was in India. As per the law (which is not very clear) the AP is invalid if the applicant departs US before the approval. When I apply again, it is not going to be a renewal of AP, but a fresh application. Do I need to submit back my current AP? I am planing to apply myself, because the lawyer still says the current AP is valid. But I am not so sure about it. Your reply is highly appreciated.
Thanks
ybnyk
Hi
I am planing to apply afresh for my wife's AP as the current AP is approved after she left US, while she was in India. As per the law (which is not very clear) the AP is invalid if the applicant departs US before the approval. When I apply again, it is not going to be a renewal of AP, but a fresh application. Do I need to submit back my current AP? I am planing to apply myself, because the lawyer still says the current AP is valid. But I am not so sure about it. Your reply is highly appreciated.
Thanks
ybnyk
I was initiated directed to the National Service Center as well. My initial intention to call was to check whether my change of address request has been taken care of. It has been over 45 days since I filed AR-11 but received no notice. Then, the receptionist at the National Service Center said he has no access to the system to check whether my address has been changed. Right before he transfered me, he asked "Which Center my case was pending?". Then, I was transferred to the immigration officer.
I think I was just lucky that this officer is so nice. He even told me that, 70% of applicants got their NC cleared within 6 months and 25% within 1 years and 5% longer than a year. So, I hope I am in the 2nd category...
Hope it helps..
Well, actually my case is pretty similar like yours. My wife AP was approved when she was not in US. My lawyer also said that the AP is valid for traveling.
Hi likuliku,
Is it her first AP or renewal AP? I think there is slightly different approach for both. Also has she used it later for entry to US? Are you planing to file again or you are OK with it? I just had a registered marriage and she won't come to US till our traditional marriage. So, I need to have a good valid AP for her to re-enter during later part of this year.
Thanks
ybnyk
Yes, this is her first AP and we plan to file renewal soon (since the expiry is Sept 07). I personally don't see any problem of using the approved AP. However, I might be wrong...
In my opinion, at least 1/3 cases still pending of NC after 6 months.
rollingstone
Registered Users (C)
H-1B renewal after expiry
Not sure which forum to post this question, but I'll start here. Here's my situation.
My H-1B expired this Jan. It was 8th year extension. My employer did not renew it because I have EAD. I anticipate huge EB2 retrogression soon. I am a bit scared of having to renew EAD/AP for many years to come. I think I will be able to persuade my employer to renew my H-1B, but the question is - can I do it now, or is it too late? Will I be subject to H-1B cap?
Not sure which forum to post this question, but I'll start here. Here's my situation.
My H-1B expired this Jan. It was 8th year extension. My employer did not renew it because I have EAD. I anticipate huge EB2 retrogression soon. I am a bit scared of having to renew EAD/AP for many years to come. I think I will be able to persuade my employer to renew my H-1B, but the question is - can I do it now, or is it too late? Will I be subject to H-1B cap?
Source:
http://www.ala.org/ala/washoff/WOissues/civilliberties/theusapatriotact/Muellerresponses050206.pdf
more than one third world-wide 485 cases will have to wait more than one-year for FBI NC.
0-30 16665
30-60 17427
60-90 14413
90-120 5467
120-365 31063
>1 year 52073
The percentage of the aplications who were stuck in NC for Chinese and India will much higher than that for world-wide.
herenthere
Registered Users (C)
Also, these statistics are for name checks that are pending for the days mentioned. What is glaringly missing in the report is a record of name checks that were completed in the ranges of days mentioned. Which means, many more applications will join the "more than 1 year pending" bucket at the rate at which they are receiving applications.
I hope they hurry up !!
I hope they ( FBI ) have a better method of finding out good and bad.
The whole system is kind enough to keep presumably bad guys
in US soil for many years . I salute the smartness of the agencies.
I hope they ( FBI ) have a better method of finding out good and bad.
The whole system is kind enough to keep presumably bad guys
in US soil for many years . I salute the smartness of the agencies.
Comment on the numbers
I agree that there is a larger percent of names are being stuck but I disagree with the conclusion that 1/3 of I485 cases will have to wait >1 yr. If you look at the numbers, those who are waiting >1 yr (for NC) are one third of all whose applications are waiting NC. The denominator should be all those who apply (the total number is estimated to be 1.2-1.4 million/year including both I485 and N400). That indicates that those who wait >1yr are ~ 3-5%. That is still higher than what the official quote is (1%). This will also likely rise in the next year, unless they do something about it. Hope everyone gets cleared soon.
I agree that there is a larger percent of names are being stuck but I disagree with the conclusion that 1/3 of I485 cases will have to wait >1 yr. If you look at the numbers, those who are waiting >1 yr (for NC) are one third of all whose applications are waiting NC. The denominator should be all those who apply (the total number is estimated to be 1.2-1.4 million/year including both I485 and N400). That indicates that those who wait >1yr are ~ 3-5%. That is still higher than what the official quote is (1%). This will also likely rise in the next year, unless they do something about it. Hope everyone gets cleared soon.
herenthere
Registered Users (C)
Actually, the % is much higher. The numbers that 2getgc quoted were only for NCs associated with adjustment of status applicaitons. If you are going to include naturalization and asylum NCs, then the real numbers in the document are:
0-30: 36888
31-60: 45026
61-90: 31746
91-120: 13934
Over 120: 68411
Over 1 year: 106011
So if the denominator is 1.4 million, to be conservative, the % "pending" for more than a year is 7.5%, far more than the 1% that has been mentioned before and I believe is also mentioned in this report!
antonioa77
Registered Users (C)
well the total number of green card a yr is around 1 millions and the one for citizenship is around 600000. so we should divide the whole thing by around 1,6 millions and not 1.4 so this will bring down the percentage of NC pending for more than 1 yr to around 5.5 %. still a big number of people stuck.
If one can find data in terms of nationality, category ( employment/family ) , it might give better picture for a specific category. For eg. i believe the number of native Europians getting stuck is less.
Please note the report gave a statistical data. The total number of sample is not all applicants including I485 . The denominator shall be the total number of sample rather than the total number pf the applicants. If the data from the report was representative, the statement that more than one-third applicants have to wait more than 1 year for NC will be true.
Another report about long NC according to:
http://www.murthy.com/news/n_bmoreo.html
Nationwide, there are more than 25,000 cases for which name checks have been pending for more than four years
I knew several people who stuck in NC for more than 4 yrs.
I agree with mas... the denominator should be all the applicants, the exact number of which is not provided in the report (I think). What is reported there is not "the total number of sample" but a subset of the universe with a specific characteristics, i.e., NC pending at the point of reporting. And its break-down according to the durations.
This is a very simple statistics problem. You can get the total number of sample by simple summation since all categories are covered
0-30 16665
30-60 17427
60-90 14413
90-120 5467
120-365 31063
>1 year 52073