What's going on?

K

Krendel'

Registered Users (C)
A month ago I send a letter to my Senator where I showed a concern about more than 16 month of waiting for my I-140 (OR, NSC, 11/03).
Recently I got a reply from his office with an attached note (an e-mail) from the INS, dated April,5 (it took them 3(!) weeks to reply to the Senator's office). E-mail is saying that "CIS records indicate the petition is currently with an adjusticating officer for review and consideration".
Well, it looks like a good news, right? But why then I see no change for my LUD? If the INS staff is working on a file (put it on the closer side of the table:)), why they didn't update an online info? May be they are lying to the Senator and my file is still on the lower drawer in the INS bunker? :))

Any thoughts?

PS. I applied through the University so all the information from the INS will be send to our Intl. Office (not to me directly), and people there didn't get any news as well.
 
Hi Krendel,

Actually i am also waiting for I -140 from last 17 months. Do you think contacting senator helps? Did you send an email to the senator or you went personally to his office?

Thanks
Bobby.
 
Krendel' said:
"CIS records indicate the petition is currently with an adjusticating officer for review and consideration"
Click to expand...

That means your application has been given to an officer so you should expect a decision on it anyday from today to a month or so.

Don't go by LUD changes, some people get approved without a single LUD until approval.
 
Well, thank you, Cfiler! I am checking the online status every 15 min :)

Bobby Rad 1!
I sent an e-mail and later they faxed me a consent form, which I filled and send them back together with a statement where I described my problem.

I don't know did it help or not. Honestly, I was ready to get a reply (from the INS to the Senator, and from him to me) smth like " It's not your time yet. We are working on June, 03' cases", etc.
So may be it's just a coinsidence that my file was with an officer at the time of inqury, or may be a letter from the Senator really triggered the process. I have no idea.
 
Krendel' said:
Well, thank you, Cfiler! I am checking the online status every 15 min :)

Bobby Rad 1!
I sent an e-mail and later they faxed me a consent form, which I filled and send them back together with a statement where I described my problem.

I don't know did it help or not. Honestly, I was ready to get a reply (from the INS to the Senator, and from him to me) smth like " It's not your time yet. We are working on June, 03' cases", etc.
So may be it's just a coinsidence that my file was with an officer at the time of inqury, or may be a letter from the Senator really triggered the process. I have no idea.
Click to expand...
Listen to my story.
We called NSC ( from HR dept.) and then my LUD changed which says that on Feb 28, 2005 we have responed to your inquiry and we r working on it. If you don't hear any thing in 30 days call us. I got same reply from senator office ( 2 times) 30 days over nothing happened yet.
Mine is EB2 concurrent - Sept. 2003.
I hope my dates will give some hopes to you guys - someone waiting more than you guys. Another thing no use in checkking status 15 mins. its more depressing.
 
msg to tjshah

tjshah,

Did you call national customer service no. (or) NSC ?....because the NSC no. is not listed anywhere. Could you give me that no. please ??
 
wAY TO CONTACT NSC !!

1-800-375-5283
option

1-2-6-1
enter your LIN# and press 1 for correct

Then enter option 3 then 4 it will take you to NSC office/officer
 
bmt 74: We had called customer service people and they told that they will let adjusting officer know about the pending status. Next day LUD changed with the message --we have responded to --Feb. 28, 2005. Again first week of april we called again this customer service and they said call again tomorrow we will do conference call with adjusting officer. So next when when we(my HRD) calls they say that NSC have lot of back logs and now I have to wait for another 30 days. This is what customer service lady told us. So we thought that again LUD will change and now new message will tell that we responded to your inquiry datedApril 5, 2005 and now wait for 30 days. But nothing happen to my status. It still shows same one with Feb. 2005 and 30 days...............
Sept03NIW: You can call and tell your are the employer himself or your lawyer can call. This customer service people they want either lawyer to call or employer. They don't talk with poor people!!!!!!!!!!.
simple man you are lawyer yourself and employer yourself. today call as lawyer and tomorrow as employer

But what about my question: Can I travel on AP while I am on EAD.
 
thanks for the info tjshah.

To answer your question, yes, you can definitely travel using AP while you are on EAD. Actually, you can use AP even when you are on H1B. So don't worry.
 
msg to kiran

Kiran,

I was under the impression that the option you mentioned will connect you to an immigration officer, don't know whether it is an officer at NSC. Are you sure ? because I have selected the same option and did not receive much help.
 
bmt74 said:
thanks for the info tjshah.

To answer your question, yes, you can definitely travel using AP while you are on EAD. Actually, you can use AP even when you are on H1B. So don't worry.
Click to expand...

I dont think you can use AP when you are with EAD. That will definitely cancel your H1B status.
 
tjshah said:
Sept03NIW: You can call and tell your are the employer himself or your lawyer can call. This customer service people they want either lawyer to call or employer. They don't talk with poor people!!!!!!!!!!.
simple man you are lawyer yourself and employer yourself. today call as lawyer and tomorrow as employer

But what about my question: Can I travel on AP while I am on EAD.
Click to expand...

Good one, tjshah. I have to go for a conference tomorrow, but when I get back, I will definitely try calling up as employer/ lawyer----whatever mood I am with at that time!

You can travel with AP if you are using your EAD. However, if you come in to US using AP, your H1 gets cancelled---as far as I know.
 
Sept03NIW - NOOOOOOOOOOO...

Hi Sept03NIW,

Whoa..whoa...here goes the misconception again..I know many people think their H1 will be cancelled once they use AP. It is NOT the case. I checked with my attorney. She said H1 and EAD are dual-intend.

I confirmed with a friend of mine. He was working here on H1B, but it expired, he had applied for renewal. At the same time, he had valid EAD and AP, but he never used EAD. He had to go to India(but didn't get his H1b renewal approval), showed his AP at the port of entry, no problem at all...
 
bmt74 said:
Hi Sept03NIW,
She said H1 and EAD are dual-intend.
Click to expand...

I have EAD plus H1b. After I got EAD I did nothing. Will my H1b period be conserved.

What I mean... For Example
H1b(enters US) on 1/1/2000
H1b expires on 1/1/2007 (After 6years)
EAD on 1/1/2005

if I have both EAD and H1b since 1/1/2005 does it mean that my H1b will be tecnically extended to 1/1/2009 ( 2 years added from EAD time).

Pl help
Thanks
 
bmt74 said:
Hi Sept03NIW,

Whoa..whoa...here goes the misconception again..I know many people think their H1 will be cancelled once they use AP. It is NOT the case. I checked with my attorney. She said H1 and EAD are dual-intend.

I confirmed with a friend of mine. He was working here on H1B, but it expired, he had applied for renewal. At the same time, he had valid EAD and AP, but he never used EAD. He had to go to India(but didn't get his H1b renewal approval), showed his AP at the port of entry, no problem at all...
Click to expand...

I agree there will be no problem to enter. I also agree to the fact that H1B is a dual intent visa. So basically your friend does have have a I-94, now. Think of it this way---since your AP is connected to your I-485 application, I think you will by default become in the so called "i-485 pending" category. I work at an University and had to travel out of US last year. I had my valid AP. Also, I had valid H1b status, which I did not have stamped in the passpport (as I had changed status at US). Both the International Scholar Services at the U and my lawyer strongly advice me to get back in with H1.

This is my personal experience. However, the immigration law with all its loopholes might still come up with reasons why you can still be legally H1 in spite of entering with parole. Better safe than sorry---tjshah. Be very sure about this before you enter with AP.
 
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