All I485/EAD/AP questions and discussions here

[485Mbe4001]

Thanks, i will send them and email.
No, It is not for 140 and i wasnt asked for it when i appliedway back in 2002.

Originally Posted by sravani

I didn't experience getting a duplicate certificate, but I think you can try the following service to get such certificate.

http://yourmaninindia.com/cgi-bin/ta...atid=1&subid=4

[victory123]

Thanks a lot fromnjia! I do have the receipt from USCIS.It makes me feel much better now.I'll send all the 485 papers after June 1st.hope 485 clears smoothly for me.

[acruix]

My wife went to India on a vacation my PD is current what can I apply ?

[vinurenu]

My husband is a physical therapist and he received the RFE for I-485
to submit the visa screenning certificate and NPTE exam results by June 13th. He will be able to submit
the visa screenning certificate only by july 2nd week.Can you please tell me is there any way he can get
sometime to submit the visa screening certificate.

Currently he is in L2 visa and the L2 visa is getting expired on June 20th, we applied for I94 extention.
I am in L1 visa and my company is asking me to goto India. So my husband can't stay in US in L2 status (after I leave).
He has to stay in US depends on the I-485 processing.

By any chance, if I-485 is denied, Pls tell me whether he can stay in US after the denial.

Do we have any timeframe to submit a new I-485 ?.

Pls provide your suggestions.

[coolcat]

Originally Posted by coolcat

I don't see an answer to vsoni's question. I don't know the answer either. Can someone answer vsoni's question and also mine, please?
Here is my question:
I'm currently on an H1 visa status. I'd be applying for 485, EAD, AP on June 1 (my PD becomes current then. ). Currently I don't have a H1B visa stamp in my passport. I'm planning to leave for India immediately after applying for 485, EAD and AP and apply for visa in India.
My question is if my H1B visa gets rejected, can I come to the US on AP (someone in the US will mail me the approved AP)?

D. If you travel before the advance parole document isissued, your application will be deemed abandoned if:
1.You depart from the United States; or
2.The person seeking advance parole attempts to enter the United States before a decision is made onthe application.

The answer to my question is in bold, underlined. Hmmm. Doesn't favor me.

[Das73]

doudou
I 485 question
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I am applying for AOS on a EB basis. My wife will apply along with me as a beneficiary. Unfortunately she worked on H1B for another company without notifying USCIS and on a different job capacity. What are the chances for her I485 to be denied? Do we have to mention that in I485 form. She is currently on H4 and is not working. Thanks.
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When her employer applied for H1B means that he notified USCIS & got approved! She will be fine & she will get her GC along with you. No worries.

[shahzaib616]

Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.

Pretty straight-forward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.

Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?

Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)

Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!

Sincerely,
Shahzaib

[axyl]

Does one need to be physically present in US in order to file I-485 application? I had already booked my travel to India on May 25th before I came to know that the my Priority Dates had become current. Will I need to be in US till I get the filing receipt? I was curious on how would UCSIS know that I'm out of country on the day of filing?

Thanks

[asanghi]

Originally Posted by axyl

Does one need to be physically present in US in order to file I-485 application? I had already booked my travel to India on May 25th before I came to know that the my Priority Dates had become current. Will I need to be in US till I get the filing receipt? I was curious on how would UCSIS know that I'm out of country on the day of filing?

Thanks

How will USCIS will know? They have all your immigration related documents including I-94. They can track all of your movements.

[desibob]

Whether USCIS can find out or not depends on their IT systems.

I am 80% sure that you need to be present in US when you are applying for 485. Better safe than sorry. What you can do is - prepare all the documents and file it as soon as step in to this country.

[axyl]

Does it matter if I file in last week of June vs. first week of June?

[desibob]

It should not matter when you file as long as your priority date is available when you file - and of course you need to be in the country when you file it (to be on safest - i would be in the country on receipt date until I get my receipt notice).

Having said that, I am not sure until when June VB will effective. I mean I do not know when July VB dates will take effect. Probably someone else can clarify this.

[gottagc]

Hello Folks

I am planning to take up a EB3 labor substitution case, and I have a few questions.

With the I140 premium processing being eliminated from today, and the current I140 processing time taking 9 months my question to you all is:

a. Suppose I apply for my I140, I485, AP today (say May 18th 2007), will I be eligible to get an EAD in the next 90 days, though my I140 could still be pending.

b. Will the time for AC21 portability start from the day I applied for I485 or from the day the I140 will get approved.

c. Suppose me and spouse get the EAD (despite I140 pending), and spouse converts from H4 to EAD while I stay on H1-B, what happens to the spouse status in case the I140 gets denied.

d. What is the possibility of the EB2 VISA dates moving further.

Appreciate your help in understanding the system correctly.

[imneedy]

Originally Posted by gottagc

Hello Folks
With the I140 premium processing being eliminated from today.

Where did you get this information from?

[gottagc]

From http://www.immigration-law.com/

05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.

http://www.uscis.gov/files/pressrele...Rule051707.pdf