Using AP will cause delay in 485? Experienced please share your thoughts

C

Cole

Registered Users (C)
Several colleagues of mine, who did not use AP (or not applied AP), were approved. However, another ones, who, used AP to travel abroad, have not approved yet. All these cases were filed around the same time.

So, does using AP cause delay in 485 approvals? Any of your guys has such experience?
 
Cole

I do not know how that works. Probably INS may think that, since you have AP, you can freely travel in and out - so probably you can wait.

About FP also I am afraid to get the 2nd FP and not getting it too. INS may think as follows:

If your FP expired, then you should wait until you get the 2nd FP. If you got 2nd FP, then you can wait because, there is lot of time to decide.

So, either way, the F is for us only. I am really getting frustrated.
 
dsathish

We can just introduce ourselves with our name and probably refer to "NJ - Team". From there we can take forward as we will all have identities.
 
My lawyer asked me not apply for AP until it is absolutely necessary. I really don't remebmer now what was his explaination but he asked not to apply for sure. But, I applied for it anyway, because I don't want take the risk of not be able go out of the country when I want/need to go.

WIN
 
Originally posted by Cole
Several colleagues of mine, who did not use AP (or not applied AP), were approved. However, another ones, who, used AP to travel abroad, have not approved yet. All these cases were filed around the same time.

So, does using AP cause delay in 485 approvals? Any of your guys has such experience?
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I heard that applying for AP will delay your process,and I think it is true.I had a experience with a friends,the wife got a AP and her husband did not,her husband got approved about 7 months before her.I also heard that people who applied on the 245i are not allowed to reentry in the USA with AP.It is something to think about...
Click to expand...
 
I have travelled to India May this year , used AP to come back. I don't know if that is what casuing the delay. I have been issued 2nd FP in sep(scheduled ) but got it done in Aug. Now that after waiting for nearly two months plus , i was hoping to see approval , but got an RFE, asked for the following
1. Employer letter, duties,hire date, renumeration
2. Earnings statement for 2 months.
3. Tax returns and W2 for 2002.

Which i have sent to attorney and which they mailed it to BCIS yesterday.

I don't know how the wait is going to be from here.
 
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whats_in_name

Lawyers mostly tell not to apply for AP if you have a valid visa stamped for a little bit longer time.

But you did it right by applying AP because a backup plan never hurts. Like I had my visa expired and applied for revalidation to DC. Now I have immediate plans to go to India but I was not very nervous since I have the option of using the AP.
 
PremChopra,

You are partly right. I have a valid visa till 06/04. My lawyer is ok with applying for EAD after having the valid visa but he insists on not to apply for AP. We need AP if we use EAD, I think you have to apply both at the same time. AP goes with EAD.

WIN
 
Luck pure luck, I have applied for 3rd AP, never used any, never travelled outside since applied 485, but I am suffering the most, 23 months since applied for 485, 20 months from 1st FP, nothing nothing
 
Applying for and/or using AP should not delay the processing of the I-485. This was mentioned on one of Murthy's chats earlier. Delays are common, and there is no clear pattern for processing. Each officer has his/her own pace. I have seen people here in this forum with I-485 approved in few months and others with three years wait. Just a couple of days ago a member of the forum posted that his I-140 was amazingly approved in one week.

Bottom line do not try to draw links or conclusions about processing time.
 
I agree with dukhiman,
I never travelled outside USA since applied labor (old fashion) back in 1998.
Luck pure luck........................
 
Well, I am not going to argue wether the AP delays the I-485 or not since I do not work for the US-CIS. More details about AP and traveling can be found on the US-CIS website.

Mere coincednces (even if more than one) between using AP and delays can not be generalized. I personally know a friend who applied in January 2002, used AP and was approved last week. Actually I was talking to him over the phone yesterday.

Murthy may not be the best thing ever happened since sliced bread, but she sure knows more than I do in immigration matters. As for the six-months adjudication (while I am not going to speak for her) I remember she was refering to the intent of the law when the congress passed the AC21.

Agian, I am not a lawyer, I just share my readings and experiences.
 
Wella,

--As for the six-months adjudication (while I am not going to speak for her) I remember she was refering to the intent of the law when the congress passed the AC21.

What did Murthy say about it? Could you please give some more details or post the link?

Thanks

WIN
 
WIN,

Oh, that was a little bit long ago. As far as I remember she was explaining the 180 days (six months) rule for applicants to be able to change employers if the the I-140 is approved and the I-485 has been pending for mpore than 180 days.

She explained that the congress intended for the INS to be able to adjudicate the I-485 cases within the 180 days. And in fact the target of the US-CIS is to adjudicate in that time frame (of course once they get rid of the current huge backlog). But when this will actually be implemented, only God knows.

I don't think she implied that the INS will adjudicate the I-485 cases in six months right away (she knows better than that).

From what I see, there are improvements (though very slow) taking place in the US-CIS even with local ofiices. I predict in few years they will be able to live up to their promises of shorter processing times. But the funny thing, is that most of the people in forum now will be approved by then and they will not feel the pleasure of six-months I-485. At least now we see 15-day H-1B.
 
Thanks Wella

I think President Bush also mentioned in one of his speeches that he likes to see the immigration decisions to reduce to less than six months by 2005. I hope you right in saying that we don't have to wait till 2005 to get our approvals.

WIN
 
I don't think AP will cause delay

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Using AP will cause delay in 485? Experienced please share your thoughts
Several colleagues of mine, who did not use AP (or not applied AP), were approved. However, another ones, who, used AP to travel abroad, have not approved yet. All these cases were filed around the same time.

So, does using AP cause delay in 485 approvals? Any of your guys has such experience?

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I don't think so, cause even i used AP to enter US this year in May (my H1 expired in March) but i got my approval on Dec 2nd.
No RFE and no Company change.

RD 03/28/02
ND 04/17/02
FP1 05/17/02
early Fp2 10/17/03( Sd 10/28/03)
AD 12/02/03
 
That's also one of my suspicions. I applied for AP and used it and until now no decision. RD is Jan 2002. I got RFE and USCIS received requested documents on Aug 11, 2003. No approval still.

Those who got approved probably could provide more insight by giving information on their occupation. I am just thinking that maybe USCIS is kind to non-IT people? It is just my opinion.
 
Paranoid, if you have your 2nd FP done, then USCIS will directly approve ur 485 application, probably thats why they have not approved your AP yet.
 
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