Turtle Tattoo Designs

You will get couple of July 2nd tracker under "Receipt tracker of 485, EAD and AP applications" category. USCIS forgot about few July 2nd filer or abandoned.

Hi, My application for I485 was received by Texas service centre. I have not received my RN and neither is my check has been cashed yet. I am confused looking at the online dates at www.USCIS.gov. Is there anyone who filled on 2nd of july and have not heard back from USCIS.
Thanks!

Could not attend the coffee appt. Hopefully will be able to attend the lunch.

you can make it..

Oh shut up, you have a *beep* load of posts. :crazy:

You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.


Thanks for the advice. I appreciate your insight.

I amm zn. ! going all in now.

1. I will call the Customer Service Line tomorrow.

2. I already got the InfoPass for 10/6

3. The letter for my senator is drafted. It will be sent tomorrow.

4. Finally, an email to the Ombudsman has been sent.

Hopefully, there is be some movement.

Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?

Your H-1B should not be revoked just because the 485 is denied. You should be able to continue in H-1B status until it expires. However, you would not be eligible for extensions since you would be over the 6 year maximum.

Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .

Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?

Thanks a lot!!!!!!!!

Londontown

sorry to hear about your denial.

Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.

I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...

Thank you for your reply.
If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?

I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

Thanks for the input.

If I renew my H1B can I avoid visa stamping by using the AP travel document.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


Thanks to all for the responses.
If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.

If you want to make decisions do it based on career progress not on GC.

I seriously doubt if you can get your GC IMHO, reason being with 7 % of 90000 being a small number for any country. Particularly India / China, DO you know something - there are thousands in line from 2002 onwards waiting to file 485.

Even after 10 years of wait the number will still not be enough to fill the 485 backlog. I do not want to sound as someone not wishing you well. I am touching on ground realities.

For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).

I know ... :)

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congratulations!

When i called last time when my wife EAD got approved, they told me the address on the application. So they should know.

Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.

I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.

Thanks a lot Raj.

One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

Thanks again for answering so promptly.

CAH

Below are the documents that you need to get from your previous attorney/Employer.

1. Legible copy of your approved labor that you and your HR had signed.

2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"

3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.

That is all you need.

Make sure to transfer your H1-B to your new employer.

Good luck.

Raj:)

Two thing here. I was wondering whether you understand the connotation of "paki". Do remember that "posts to denigrate anyone are not welcome " as can be seen on top of the page.
Also there have been discussions of a variety of things and the issue of making a DWI a criminal offense has been discussed previously. As long as the moderators are okay with the issue I guess the discussion can continue.

my two cents

hey, my paki friend,
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.

Annual Report of the Visa Office for 2010 has been released here...

Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

Table V Part 2

India Received

EB1 6741
EB2 19961
EB3 3036

Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.

Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.

I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

As far as your labor qualifies for EB2, you are OK.

USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"

EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.

What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

Senior pl give advice.

O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

Now real question should be "Should I use EAD or Should I be on H1/H4?"

If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
Thnaks!
Please fax/email if any of you get the responses.

Thanks kaisersose.

Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

Thanks.

H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.

H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .

I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.