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  • jack_suv
    07-19 12:21 PM
    Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    Pro:
    The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

    Conditions:
    1.Maintain H1 till you bring spouse to USA on H4
    2.your spouse changes to f1 or h1 later after coming to usa
    3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

    Cons:
    1. Your GC is approved before you get married - very bad situation.
    2. You are married but cant bring spouse on valid H4 if you dont have valid h1
    3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
    4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

    The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

    1. get married before GC is approved.
    2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
    3. Move spouse out of H4 into other visa.
    4. You Use EAD to get a different job.
    5. When PD becomes current, spouse applies for 485.


    Potential hiccups in this solution:
    1. USCIS does not like that you used EAD and shifted employer.
    2. Practical problems on getting a company to hire you on EAD.
    3. Doing a status change for spouse.

    If unmarried does not file 485 now::

    1. Be in H1 for a long time with same employer based on your PD.


    ==========

    As I see there are 4 categories of unmarried people

    1. Satisfied with current employer ; PD is in 2004 or 2005.
    2. Satisfied with current employer ; PD is in 2006 or 2007.
    3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
    4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

    What are the recommendations for these 4 groups of people?

    Finally one has to consider layoffs or firings!!

    Experts please review the scenario and give your opinion on the above way.

    Thanks a lot. Welcome to the land of dreams and opportunities.





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  • sac-r-ten
    01-30 10:30 AM
    Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
    Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.

    BTW, TwinkleM, gr8 job in helping the fellow IVian.





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  • Lisap
    09-06 02:23 PM
    Congratulations and all the best to you!





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  • Leo
    07-16 09:48 AM
    sounds great to me :)



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  • burnt
    04-08 12:10 PM
    Friends - Thanks for your help on this one. After getting suggestions from you guys, I did call my lawyer too. He asked me to go back to the airport and Submit my I-94 and related docs to the CBP department there.

    After that I called the CBP Customer care for NJ at (703) 526-4200 and the rep asked me to go to CBP website and asked me to mail the I-94 to the address written there. Here is the link for your reference. Alo in this website, it says clearly, DO NOT submit to any other CBP office other than the address mentioned.

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1

    I don't understand why the lawyer suggested me to physically go to the Airport to submit my I-94.





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  • NolaIndian32
    04-28 06:13 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)

    If entering the country on AP, it is advisable to carry all other documents including the approval notice of the H1b, but do not show the H1b approval notice unless asked for. That is when the IO gets confused and asks for explanations. If entering on AP your status is parolee upon entry to the US.



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  • Robert Kumar
    01-03 08:51 AM
    SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

    All,
    Thank you.

    So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
    And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
    My EB3 will take some more time.





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  • sad_angel
    05-17 11:51 PM
    i filed i-130 for my husband ( he is not in the u.s ) and it has been pending for 20 months . 2 months ago they sent the file to the local office in L.A and 20 days ago they transferred the file to the NBC . is this normal plz :( ????



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  • h1techSlave
    04-28 09:53 AM
    60% of Americans support getting tough on illegals. Currently the US is the only country in the world, which puts the priorities of illegals above those of Citizens and legal people within its borders. Both Mexico and India (just to pick to countries) have very tough laws against visa over-stay, presence with out visa etc.

    Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status - Rasmussen Reports� (http://www.rasmussenreports.com/public_content/politics/current_events/immigration/nationally_60_favor_letting_local_police_stop_and_ verify_immigration_status)





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  • ram_ram
    09-11 02:59 PM
    The PDF says

    FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200

    So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)


    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.



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  • perm2gc
    08-14 03:34 PM
    Mr.Bush when you will think of US other than cubans and mexicans..:confused: :confused: :confused: :confused: :confused: :confused: :confused:





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  • Prashanthi
    09-04 01:34 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.

    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.



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  • godbless
    07-18 07:55 PM
    My I 140 alone was applied on July12th as we did not know anything about the revision that time.

    I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.

    Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.

    Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?

    Thanks a lot for the reply,
    Sam

    You don't need to wait till the approval of your I 140 or the reciept notice. You are eligible to file I 485 right away. The attornys know how to do it. So don't waste time and send your I 485 in ASAP.





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  • nethawk119
    10-10 02:11 AM
    TSC sent back my appplication asking for revised fees last month. I am still waiting for the receipt. My lawyer sent back the application requesting them to accept the application since it was filed on July 2nd and is under the old fees.



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  • gc28262
    03-11 09:28 AM
    I had the same issue. Still awaiting my AP which was applied in Nov 2008.
    When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

    I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

    Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

    Keep calling the service center till you get an instruction similar to the following.

    This is the instruction provided
    ----------------------------------------------------------
    Fill out I-131 Application or use the copy of your original application
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    ADDRESS ( This is a special address, This not the standard USCIS address)

    On Lower Left corner of the envelope mention:
    do Not open in the mail room, No fees are attached

    ------------------------------------------------------------------

    I am still awaiting my AP after doing this. :confused:





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  • ita
    01-23 08:30 PM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.



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  • Alabama04
    12-12 11:43 AM
    I am in Birmingham. Count me in.



    PD: Jan 04 EB3/RIR/PBEC/AL
    Labor: March 07
    I-140: April 19, 07 (Regular)
    I-485: June 27,07
    Finger Printing: Aug 3,07
    AP: Sept 07
    RFE: Oct 10,07
    GC: Still waiting:(





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  • sanju
    10-09 05:07 PM
    Hi! there,

    Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

    And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

    Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!





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  • singhsa3
    04-30 05:35 PM
    Point well taken, mades some changes
    You are ignoring dependents (1.2/applicant) and name-check cases in your calculation.





    immm
    08-01 11:18 PM
    i disagree, they usually put the date of receipt in there and not the encoded date.
    Not true. They usually put the notice date in the online case status and not the receipt date.





    WeShallOvercome
    07-23 06:03 PM
    Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?

    I think that is their strategy,

    don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?