Missed the July 2007 I-485 filing opportunity. Could I expect a remedy?

[abe1]

Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

Could someone please advice?

Thank you.

[ndbhatt]

Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

Could someone please advice?

Thank you.

There are several hundreds of people who missed July 2007 fiasco, including me. Unfortunately, nothing can be done on humanitarian grounds. Only thing is wait in never-ending queue until you turn comes or wait for favorable immigration policy changes.

[abe1]

ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..

[srgadi]

ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..

Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.

[slowwin]

If your labor was filed in 2004, you can apply for I-485 if your approved I-140 is ofr EB2.

Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

Could someone please advice?

Thank you.
--------------------------------------------------------
Immigration saga :

USA GC:

PD: FEB 2007,
I-140 APPROVED, EB2 NIW,
I-485 STATUS PENDING

Canadian PR:

Enquiry on AINP Jan 2008
Formal initial docs sent March 2008
Invitation to apply for Nomination August 2008
Applied for Alberta Provincial Nomination Dec 2008
Provincial nomination received July 2009
Applied for PR at CIC, Buffalo , NY OCT. 2009
Medicals done March 2010
PR visas established, passports sent for stamping June 2010
Landing --- In future

[uma001]

Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

Could someone please advice?

Thank you.

I feel sorry for you. I came to US on H1 in 1998.Did not file green card and left US in 2004 came back again in 2006 on H1. Still have not filed green card.