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GooblyWoobly
07-23-2007, 03:54 PM
Hi Folks,
I see that almost every thread has confusion about application mailed date vs receipt date vs notice date. So, here is a writeup based on the USCIS Standard Operating Procedure (SOP). http://www.imminfo.com/resources/cis-sop-aos/0-1-0.html

On the "Setting up Mail" Section: http://www.imminfo.com/resources/cis-sop-aos/1-3.html

It clearly says: "Date stamp the application(s)/petition vertically in the right hand margin of the first page of the form(s) using the received date". The mailroom does this setup on the day mail is received. They do it even before the review for eligibility (which means, this is done even before deciding an application is to be rejected or not).

Now look at the Data Entry section (http://www.imminfo.com/resources/cis-sop-aos/4-1.html) that is responsible for the receipting:
Line 2: "Data Entry is responsible for receipting all applications and petitions received at the Service centerto include the I485, I765 and I131."

Now, let's see what Data Entry has to say about Receipt Data:
On Section 4.3:
http://www.imminfo.com/resources/cis-sop-aos/4-3.html

"Type the received date (mm/dd/yyyy). Take this date off the date stamp on the face of I-485". This is the same stamp that was done at the time of Mailroom setup.

So, receipt date IS the date the application was received at the mailroom. NOT the date the application was mailed, NOT the date the receipt was issued (also known as notice date).

If you think any part is not clear, PM me and I'll update that section. Hope this clears up some questions.

forever
07-23-2007, 04:30 PM
Thanks for 'googling' job to avoid the confusion among us. But, the question is how strictly clerks are adhering to the process.

fullerene
07-23-2007, 04:37 PM
I guess most people here have a question - what happen right now?

As a guide in a normal day, USCIS shall reach a decision within 90 days for an issurance of EAD/AP from the received date. But right now TSC won't take an action on a 485 application until Oct. 26. So does the "90 day" still stand? If so, an decision shall be reached with 20 days or so which is impossible. If not, then the received date becomes meaningless because it is not a starting point anymore.

For me, I would like to take "Notice Day" as an indicator for my application process. Usually, it is one or two days after "received day". But right not, it might be 2 months or longer after the application is delivered.

redindian
07-23-2007, 04:50 PM
when does the actual 180 day clock start?
Eg: If the 485 application was sent on July 17 - received on July 18 at Nebraska.

Does that mean on Jan 15 2008 (181 days) - one can switch jobs using portablity?

Thanks!

delhikadesi
07-24-2007, 02:43 AM
same question...hope to see an answer

when does the actual 180 day clock start?
Eg: If the 485 application was sent on July 17 - received on July 18 at Nebraska.

Does that mean on Jan 15 2008 (181 days) - one can switch jobs using portablity?

Thanks!

GooblyWoobly
07-24-2007, 03:11 AM
when does the actual 180 day clock start?
Eg: If the 485 application was sent on July 17 - received on July 18 at Nebraska.

Does that mean on Jan 15 2008 (181 days) - one can switch jobs using portablity?

Thanks!

Yes

locombiano
07-25-2007, 12:13 PM
I have been trying to find information about this topic also, specially because I have to travel outside of US in about two weeks. My application was sent via private currier on Jun-28th/07 and received by USCIS at TX on Jun-29th/2007 so I'm expecting my "Received date" to be Jun-29th/2007 regardless of the "Notice date". I then should be safe to travel not having my receipt notice yet but using my H1-B current visa without risking my AOS process.. Am I rigth?

I mean.. USCIS cannot just expect everybody changing long planned trips just because they decided to rush the dates and get flooded with applications rigth? ;-)

Any comments very appreciated,

Carlos.

andy garcia
07-25-2007, 12:19 PM
I have been trying to find information about this topic also, specially because I have to travel outside of US in about two weeks. My application was sent via private currier on Jun-28th/07 and received by USCIS at TX on Jun-29th/2007 so I'm expecting my "Received date" to be Jun-29th/2007 regardless of the "Notice date". I then should be safe to travel not having my receipt notice yet but using my H1-B current visa without risking my AOS process.. Am I rigth?

I mean.. USCIS cannot just expect everybody changing long planned trips just because they decided to rush the dates and get flooded with applications rigth? ;-)

Any comments very appreciated,

Carlos.

You are correct. No problem, as long as the Visa stamp is valid you can come back on H1 status.

locombiano
07-25-2007, 12:38 PM
Hi Andy,

Thanks a lot for your quick super fast response :-).

Actually yes, my H1-B stamped visa is still valid so I have no issue with that. However, here is where things get a little complicated :-).

My wife is also in H1-B working for same company as me (we have been with this company for about 7 years now, always on H1-B), she is doing her own GC process up to the point where she got her own I-140 completed and a 3 year H1-B extension based on that. Company decided not to apply for her own AOS because she applied with me (my PD was older so it was better that way, she got her LC thru PERM, I was stuck in backlog for 2 1/2+ years). I have a kid also on H-4 (H-4 based on mother's H-1B, just becase the consul liked her more than me and becase she had to attach H-4 to only one H1-B :-)). Now, H1-B/H4 stamped visas for wife and kid are expired, so they are planning to get new stamped using the 3 year extension while visiting mother land, they will have to put something like "AOS pending" in the visas application I guess. Do you know if consulate will ask for receipt notice of 485 to verify the received date when requesting the visa? or is I-129 alone enough knowing that is valid to pursuit GC while in H1-B.

Thanks again,
Carlos.

locombiano
07-27-2007, 05:45 PM
It seems much clear now specially for people like my self which are expecting to travel outside of USA that we will be safe even whitout receipt notice on hand?

From http://www.uscis.gov/files/pressrelease/FAQ2.pdf


Q22: What will be the receipt date for employment-based adjustment applications filed between July 2, 2007 – July 17, 2007? A22: In accordance with standard procedure, USCIS will generate receipt notices for all properly filed employment-based adjustment applications based on the date the applications were physically received by USCIS.

AND

Q25: Does a receipt notice from a courier service or overnight mailing service constitute a “post-mark”? A25. Yes, the date the item is entered into the courier’s service system will be the postmark date for fee determination purposes.


From Murphy.com


Date of Receipt
===============

The USCIS is considering the physical delivery date as the receipt date and will generate receipt notices reflecting this date. This is in answer to questions regarding the date when cases will be considered as received. It is important for proper filing that the applicant be in the United States on the date of filing the I-485 and on the date of its receipt at the USCIS.


I'd like the ones with receipt notice on hand to confirm that they are really following this procedure and your "receive date" in I-797 matches your fedex/dhl/ups/usps delivery date.

Thansk!
Me.

andy garcia
07-27-2007, 06:08 PM
Hi Andy,

Thanks a lot for your quick super fast response :-).

Actually yes, my H1-B stamped visa is still valid so I have no issue with that. However, here is where things get a little complicated :-).

Now, H1-B/H4 stamped visas for wife and kid are expired, so they are planning to get new stamped using the 3 year extension while visiting mother land, they will have to put something like "AOS pending" in the visas application I guess. Do you know if consulate will ask for receipt notice of 485 to verify the received date when requesting the visa? or is I-129 alone enough knowing that is valid to pursuit GC while in H1-B.

Thanks again,
Carlos.

To get H1B/H4 stamp all she need is to show the approved I-140 at the consulate. Remember H1B is dual-intent.

chanduv23
07-31-2007, 03:14 PM
My 485 petition reached USCIS on July 18th and I am travelling to India on August 17th, I have my h1b visa stamping at Chennai on August 21st. My employer and his attorney strongly recommend not to travel until we get the reciept notice.

Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.

Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.

Any takes on this? Has anyone called USCIS?

Thanks

CADude
07-31-2007, 11:14 PM
Don't worry.

My friend filed on June 10 and travelled to india on 12th June. He apperared in US consulate in mid June and got 3 year visa extn. He was back on country on July 7th. He completed his FP on July 13rd. I was looking his mailbox in his absense and informed him for FP notice. So please make similar arrangement.

Hope this helps.

My 485 petition reached USCIS on July 18th and I am travelling to India on August 17th, I have my h1b visa stamping at Chennai on August 21st. My employer and his attorney strongly recommend not to travel until we get the reciept notice.

Murthy's FAQ is confusing, does not say one must not travel, but says it will be better if one can avoid travel.

Is anyone else in the same boat? My travel is essential. It is my brother's marriage and I have to be there.

Any takes on this? Has anyone called USCIS?

Thanks

chanduv23
07-31-2007, 11:25 PM
Don't worry.

My friend filed on June 10 and travelled to india on 12th June. He apperared in US consulate in mid June and got 3 year visa extn. He was back on country on July 7th. He completed his FP on July 13rd. I was looking his mailbox in his absense and informed him for FP notice. So please make similar arrangement.

Hope this helps.
Thanks a ton