TSC Consolidated 485 Tracker

question about to H1 or EAD

Hi all

I have been waiting the 485 for 1.5 yrs. Now my H1 need another extension. But I do not know which is better, to extend my H-1 or apply EAD to work.

Any suggestion is highly appreciated.

Thanks.
 
Does anyone know why the new processing dates sheet on TSC processing time say 6 months instead of a fixed date? What changed?
 
pswami said:
Wow. You are EB1 and pending namecheck for so many years. Have you contacted Immigrationvoice to help you. They are working on this kind of problem
http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
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Well, I think I tried everything and after so many years of trying and communicating (typically one way) with USCIS, FBI, FL, Omb, etc. I came to a conclusion that NC is only a tool that serves CIS not to allow some nationalities into US. If you are put "on hold" there's no one who could help you. Here is one recent example of that: I know another EB1 (same nationality), his RD dates back to early 2003. His NC was cleared (!!!) early this year and he received an approval letter (!!!) in June 2007, which was perhaps issued 'by mistake', but still no GC and no meaningful explanation of the new delay. I guess there is an internal CIS/FBI memo that says certain nationalities have to be put on hold and nothing can change that. Some time
ago an IO at TSC told me after a lengthy conversation: " Your case will not be processed unless you find words that would convince CIS director this is a life or death situation". Apparently I didn't find the right words so far.
 
Hello All,

I finally received my GC after a wait of 6.5 yrs. I just wanted to thank everyone on the forum who have been a tremendous support to each other. I used to turn to the forum for solace whenever I was depressed about the delay.

My processing went through so many difficult stages. My Labor application was lost by SESA, CA atleast 2 times before they finally got the application on Dec 2001. After 9/11 my case went into an abyss and was in BEC for almost 4.5 yrs before it finally got approved. My lawyers didn't receive the original LC when it finally got approved. They waited for 4 months before applying for I-140 alone due to the new USCIS regulations for lost LC. And then after 6 months my 485 was finally applied last year and took almost 15 months to finish the NC before finally getting approved. I have wrote many letters to my Senator, FBI and also FL to get my processing completed.

Finally, I have seen the light at the end of the tunnel. I wish everyone in the forum to have their GCs approved at the earliest. Best of luck!
 
Leo_1003 said:
Well, I think I tried everything and after so many years of trying and communicating (typically one way) with USCIS, FBI, FL, Omb, etc. I came to a conclusion that NC is only a tool that serves CIS not to allow some nationalities into US. If you are put "on hold" there's no one who could help you. Here is one recent example of that: I know another EB1 (same nationality), his RD dates back to early 2003. His NC was cleared (!!!) early this year and he received an approval letter (!!!) in June 2007, which was perhaps issued 'by mistake', but still no GC and no meaningful explanation of the new delay. I guess there is an internal CIS/FBI memo that says certain nationalities have to be put on hold and nothing can change that. Some time
ago an IO at TSC told me after a lengthy conversation: " Your case will not be processed unless you find words that would convince CIS director this is a life or death situation". Apparently I didn't find the right words so far.
Click to expand...

Then why they approve I140 in the first place?
 
I called to check the status of my EAD renewal, which I applied for four month ago. The customer service representative opened a service request.

Amazingly, it is approved now! I don't know if my call has had anything to do with this approval though.
 
schehrazi said:
I called to check the status of my EAD renewal, which I applied for four month ago. The customer service representative opened a service request.

Amazingly, it is approved now! I don't know if my call has had anything to do with this approval though.
Click to expand...

Good, mine took excatly 93 days to get approved
 
EAD or H1-B

GCSyndrome said:
Does anyone know why the new processing dates sheet on TSC processing time say 6 months instead of a fixed date? What changed?
Click to expand...


This is a difficult question. I think the best is for you to consult with some imm lawyer (just consult for like an hour or 30 minutes) based on your individual needs. I did exactly this and here are few quick pointers on what to ask yourself and therefore ask the lawyer.

EAD route - cheaper to apply for. Benefit is that you can work whenever you want. Question is weather you need to travel outside of US or not. If you do then you need to get AP as well (since you are not in H1-B status anymore). Once you come into US on AP you are not admitted into US. You are in some weird "waiting status" waiting for your 485 to be approved when you will get the actual status. This technically has impact if you have trouble with the law or some other problems (ask lawyer about this). Practically it should not make a difference if you are in this status. One thing to keep in mind though is that infamous "work for the same employer who filed your employment based GC for some period of time after GC is approved" rule. In case you do start working on EAD for someone else you are no longer considered to be working for same employer. Weather that makes a difference or not I am not really sure.

H1-B route - more expensive (not completely sure with these fee increases). Benefit of this is that you are actually admitted into the US (you have a valid status and you have a visa in your passport). You still work for the same employer.

So these are just a few pointers but as I said, what you will decide depends on your needs and plans.

Cheers,
D
 
Richard_sjsv said:
Hi all

I have been waiting the 485 for 1.5 yrs. Now my H1 need another extension. But I do not know which is better, to extend my H-1 or apply EAD to work.

Any suggestion is highly appreciated.

Thanks.
Click to expand...



Sorry, the post above that I described was really related to this question.

BTW, I also applied for EAD got it approved however I decided that at this time it is still better for me to use my H1-B (I am on the extension too) for the time being. So I basically filed for EAD and paid for it for nothing.
 
Vahid2 said:
Then so as 485 if one pass the FBI hurdel.
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That's the point. There are no people accountable for the fbi hurdle because there is no mechanism to know why you can't pass this hurdle for many years. Maybe the officer who looked at my case didn't like my face and put my case aside. I will never know. If CIS doesn't want to issue GCs to certain nationalities they can't deny these GCs solely because of that. This would be unconstitutional, but by not processing the cases, using the fbi hurdle as an excuse, they achieve their objective and avoid any legal problems at the same time.
 
Leo_1003 said:
That's the point. There are no people accountable for the fbi hurdle because there is no mechanism to know why you can't pass this hurdle for many years. Maybe the officer who looked at my case didn't like my face and put my case aside. I will never know. If CIS doesn't want to issue GCs to certain nationalities they can't deny these GCs solely because of that. This would be unconstitutional, but by not processing the cases, using the fbi hurdle as an excuse, they achieve their objective and avoid any legal problems at the same time.
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well in this case you have to wait, I do believe that finally FBI would send the results. I am from a country that they have every reason to say no but same time when I follow the trend of approvals from USCIS or their FBI clearance of my fellow country people I see it takes more than many other nationalities but at the end they have got it.

Lets stay positive, I am waiting for a day we both congrate each other for approvals. It comes. I can see it.
 
Something funny,

Yesterday, one of my relatives called the field officer where his Citizenship application has been pending since 2003. The officer who talked to him said: "Sir, don't waste your time and don't call us any more. We can't do anything for you because FBI does not respond to us. The only way that you can resolve this is by filing a lawsuit agains the FBI"

I believe I have to do the same thing since my name check has been pending since 2003 as well. Something has happened to the name check of some nationalities who filed in 2003-2004. Four years for resolving a name check is just too much!
 
schehrazi said:
Something funny,

Yesterday, one of my relatives called the field officer where his Citizenship application has been pending since 2003. The officer who talked to him said: "Sir, don't waste your time and don't call us any more. We can't do anything for you because FBI does not respond to us. The only way that you can resolve this is by filing a lawsuit agains the FBI"

I believe I have to do the same thing since my name check has been pending since 2003 as well. Something has happened to the name check of some nationalities who filed in 2003-2004. Four years for resolving a name check is just too much!
Click to expand...

yes and I know similar case for citizenship who finally got it after filing against them due to delay of 4 years.
 
Vahid2 said:
yes and I know similar case for citizenship who finally got it after filing against them due to delay of 4 years.
Click to expand...

Yeah, he has won the case in the court but the judge gave four month to FBI and USCIS to resolve his case. Many of my friends in southern california, filed similar cases and got their citizenship or greencards.

I am seriously thinking about it. As soon as I have a back up plan (like H-1B or Canadian immigration) I will do it. I am very tired of this unstable situation that I am at.
 
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