What should I Believe - Any help would be appreciated

L

Love

Registered Users (C)
Dear Friends, I need help to analyze this situation and any help from folks with similar experience would be appreciated. I am USC and have filed for my wife's GC who is on H-1B.

Background of Case.
- I-130 and I-485 Receipt dates are April 11, 2007 - Chicago Lockbox
- Received RFI which was also responded in July 2007
- Interview in Los Angeles on Sep 12, 2007 - IO tells that he has everything he needs but cannot approve because name check not cleared.
- USCIS website and recording not updated to reflect that Interview has happened. Only information till RFI shows there.

Status Today
We were concerned because of last point above and also because IO was not very friendly kind either - as he had asked a lot of baseless questions. We therefore called USCIS today to ask for status of case. Here is what we heard from the customer service agent:

- They have no record of Interviews scheduling and that they were even conducted.
- Agent Opened two cases for I-130 and I-485 each and gave us case numbers.
- She said that we can wait for 30-45 days and should hear something.

Requesting Help

- Whom should I believe and is there a specific reason they do not have the website updated or have record of the case?
- Has anyone experience with these case numbers she opened and how effective are they in tracing the case status?
- Can I do anything to expedite the search of case and expedite case processing?
- What are my options? My wife only has 9 months for her H-1B left (6 years limit).
- Can we file for an H-1B extension for her if GC does not come?
- Shall I apply for EAD / AP since. I am however confused if that could create any problem in getting that?
- If we dont get EAD, or H-1B or GC - Will she be out of status?
- What are my options to ensure she can continue to be employed?

Any help and guidence in detail would be appreciated.

Regards

Love
 
Love said:
Whom should I believe and is there a specific reason they do not have the website updated or have record of the case?
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The web site still says that my case was transfered to the local office on October 22nd, 2002. It never reflected the fact that I had an interview or have had a GC now for over 3 years. The customer service reps are just reading off of the web site. Useless.

- Has anyone experience with these case numbers she opened and how effective are they in tracing the case status?
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Once a case goes into a local office, I wouldn't trust the USCIS web site for accurate information.

Can I do anything to expedite the search of case and expedite case processing?
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You can do an infopass.

Can we file for an H-1B extension for her if GC does not come?
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That's a waste of money.

Shall I apply for EAD / AP since. I am however confused if that could create any problem in getting that?
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She has a pending I-485, so there's no problem getting it. I'd file right away, and with them she can work and travel and no longer be tied to her H-1 employer.

If we dont get EAD, or H-1B or GC - Will she be out of status?
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She has a pending I-485; that keeps her in legal status.

What are my options to ensure she can continue to be employed?
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EAD.
 
Answers in blue.

Love said:
Dear Friends, I need help to analyze this situation and any help from folks with similar experience would be appreciated. I am USC and have filed for my wife's GC who is on H-1B.

Background of Case.
- I-130 and I-485 Receipt dates are April 11, 2007 - Chicago Lockbox
- Received RFI which was also responded in July 2007
- Interview in Los Angeles on Sep 12, 2007 - IO tells that he has everything he needs but cannot approve because name check not cleared.
- USCIS website and recording not updated to reflect that Interview has happened. Only information till RFI shows there. That is "normal". Sometimes you can not really trust on the USCIS online tracking system at all. I can not tell you when it will update, but it doesn't really update until your petition is approved, so it makes sense.

Status Today
We were concerned because of last point above and also because IO was not very friendly kind either - as he had asked a lot of baseless questions. We therefore called USCIS today to ask for status of case. Here is what we heard from the customer service agent: Those costumer service agents know nothing about your case and can not really have access to more information than you can with a computer and internet.

- They have no record of Interviews scheduling and that they were even conducted.
- Agent Opened two cases for I-130 and I-485 each and gave us case numbers.
- She said that we can wait for 30-45 days and should hear something.

Requesting Help

- Whom should I believe and is there a specific reason they do not have the website updated or have record of the case? There is a record of your case, the fact that you look it up online means there is a record. But I really think you will not see the status update until the GC is approved, which won't happen until the GC is approved.
- Has anyone experience with these case numbers she opened and how effective are they in tracing the case status? They serve as a general guideline/timetable for your process, but they are not entirely reliable
- Can I do anything to expedite the search of case and expedite case processing? There is nothing to expedite, her case is "stuck in namecheck" read the sticky threads here for that or google "fbi namecheck" and you will find what you can do, it includes writing letters to senators, first lady, etc. But basically you must wait... months or even years.
- What are my options? My wife only has 9 months for her H-1B left (6 years limit). Her legal status does not depend on her H-1B anymore, she is pending AOS.
- Can we file for an H-1B extension for her if GC does not come? Waste of money.
- Shall I apply for EAD / AP since. I am however confused if that could create any problem in getting that? You MUST file for those, she will cease to work on her H1B and work under EAD (which allows her to change employers). Also, she must pay the new fees for these applications since she filed before July 30th (the fee hike).
- If we dont get EAD, or H-1B or GC - Will she be out of status? No. Her status is pending, based on her AOS application and until a decision is made (approved or denied) she is allowed to stay in the country.
- What are my options to ensure she can continue to be employed? Apply for EAD.

Any help and guidence in detail would be appreciated.

Regards

Love
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To clarify, as long as your wife continues to work the same job for the same employer during the next nine months, she maintains her valid H-1B status. Even if she applies for EAD, as long as she doesn't use it, she maintains H-1B status until her status expires. Your wife would need the EAD at the time when her H-1B expires, even to continue to work for the same employer.

I agree with getting the EAD as an "insurance policy" for instance if your wife wants to switch jobs. Maintaining H-1B has a couple of advantages, for instance your wife can travel without AP if she has an H-1B visa stamp, i.e. if she starts working on EAD then she needs AP to travel. Also, if for some unlikely reason the AOS does not get approved, your wife would be out of status if she is on EAD at that time.

If your wife likes her job and there is little probability she'd start to work anywhere else anytime soon, then you can probably still wait with the EAD. 9 months is quite a bit of time left on H-1B, I'd apply in about 5 months if her status doesn't change (expect the EAD within 90 days from application, otherwise she is also eligible for a temporary EAD after 90 days).

Now, someone correct me if I'm wrong, H-1B extension only applies in EB cases.
 
austriacus said:
Your wife would need the EAD at the time when her H-1B expires, even to continue to work for the same employer.
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She would only need an EAD if she wanted to continue working after the H-1 expired. If she doesn't need/want to work after the H-1 expires, she does not need an EAD.

Also, if for some unlikely reason the AOS does not get approved, your wife would be out of status if she is on EAD at that time.
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Especially in an IR case, the value of the "insurance" that the H-1 provides is minimal. In a marriage-based IR case, the I-485 is exceptionally unlikely to be denied. Even if it is, a new I-485 can be filed without worry or penalty. If the employer is willing to swallow the several thousand it will cost I wouldn't say no, but if I was paying the bill I wouldn't consider it necessary.

Now, someone correct me if I'm wrong, H-1B extension only applies in EB cases.
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That's an interesting question; I'm not sure if AC21 7th year H1s apply to H1 holders whose Green Cards are not employment-based. Either way, I wouldn't bother extending the H.
 
Thank You All - Few more questions

Thank You all for the clarifications, I am considering going ahead and applying for her EAD with these circumstances. Few quick clarications based on below discussions:

- Can she get a quick EAD - like from a local immigration office?
- Is it necessary that EAD application goes with AP Application. I am not envisioning her travel in near future and hence the question.
- How much is the cost for EAD application now?
- Since her H-1B expires in Aug'08, does it make sense that I wait to apply for EAD for a few months (may be GC gets approved) or might be a bright idea to go forward now?

Any guidence would be appreciated.

Regards

Love
 
As I said, you probably still have a couple of months before you need to apply for the EAD, if her H-1B is valid for 9 more months. No AP necessary if your wife is certain she doesn't need to travel. In my case, I had applied for EAD and not AP because I wanted to be sure I could continue to work, but didn't think I needed to travel after my H-1B expired (or I'd revisit the situation if I need AP then). However, if she ends up actually using the EAD, if there is any possibility she might have to travel for an emergency etc. it would be good to have AP. In hindsight it was a gamble on my part that I thought I either wouldn't use the EAD anyway and/or didn't have to travel between when my H-1B would have expired and when my GC was issued.

About the timing of the EAD ... the law says the EAD needs to be issued within 90 days from application, however this is not always achieved in practice. I believe Praetorian is correct that temporary EADs are no longer issued, so it would be prudent not to cut it too close to the 90 days period before H-1B expiration. I would think if you apply 5-6 months before you need it, you should be pretty safe.
 
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URGENT : Immediate Response Requested: Infopass Appointment Tomorrow

Hello,

I am USC who filed for his spouse's GC. Everything has been done and IO told us that her application will be approved as soon as FBI Name Check clears. My spouse has a Infopass appointment tomorrow and I wanted to request some questions for a quick response:

1] Spouse is going alone for Infopass and I am not going with her. Is that a problem anywhere?

2] Can she ask if her FBI Name Check is cleared directly to officer?

3] Will the IO during Infopass appointment be same as the IO Officer who interviewed us or will it be different?

4] Any Do's or don'ts?

5] What are the documents she need to carry with her? Does she need to carry the whole case history ?

Any guidence would be appreciated and if I can get a response in next 2 hrs that would be very helpful.

Regards

Love
 
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