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pdakwala
08-15-2007, 06:57 PM
Hi all,

IV is in touch with USCIS and they have told us that if you have any questions, USCIS will try to answer those questions in their FAQ's.

We request IV members to post their questions on this thread. We request you all to please read all the questions before you post your questions. If you have same question(s) that somebody else have posted please say that I would like to ask the question posted by (IV handle). This would help us how many people have same question.

We also request you not to post the receipt notice questions. We were told that USCIS is working and will try everything possible so that you all get your receipt notice. Also please do not ask questions that your lawyers can answer.

ps57002
08-15-2007, 07:06 PM
Can one travel after filing I485 but without having receipt if they have valid H1B stamp in passport?

odsnk
08-15-2007, 07:08 PM
Hello,

Thanks for the initiative.

I only have one question: Will they still process EAD in 90 days? My application reached on July 3rd.

Thanks,
ODSNK

icecreamy
08-15-2007, 07:09 PM
I'd like to ask the question posted by ps57002

Is it OK to travel outside US without securing 485 receipt? Does this travel indicate abandoning the application? (For H or J visa holder)?

thank you!

ImmiQ
08-15-2007, 07:10 PM
1)can we anticipate the same time lines (on average) regarding EAD/AP approvals???

2)per USCIS note on new fee structure press release, USICS stated they will expedite GC process in future (if I remember correctly starting from Oct 07')
are they going to honor that statement in spite of recent bulletin fiasco??

3)Is there a possibility of issuing EAD/AP for 3 years instead of 1 year?? (keeping in view the increased fee structure)

techskill
08-15-2007, 07:12 PM
Please clarify about the validity of the Checks (say Treasurer's check,Personal Check etc). How long it is valid?
I dont remember the IV Handle who asked this question earlier couple days back.

glus
08-15-2007, 07:14 PM
Hi:

Question: Will USCIS accept re-filed applications after August 17, if it is shown that the original I485 application applied before that date was rejected because of USCIS error or lost by USCIS?

I think at this point many people whose checks have not cleared would like to ask this important question.

Sincerely,
Glus

forever
08-15-2007, 07:15 PM
Is it OK to travel outside US without securing 485 receipt? Does this travel indicate abandoning the application? (For H or J visa holder)?

I've the same question.

satishku_2000
08-15-2007, 07:21 PM
My question is about increasing the validity of EAD and TD from one year to three years.

Is there a possibility of introducing premium processing for EAD and TD.

user2005
08-15-2007, 07:26 PM
This is not a case specific question, although good to understand how they process I485 cases.

Q: Why many PERM cases (PD in late 2005) have been approved recently, while lot of old system cases have been pending with PD 2001 to 2004?


Their common answer is, you cannot compare two cases.
But, we are not talking about just one or two cases; it's like a trend. Ref: http://spreadsheets.google.com/pub?key=p8fUVDUVG393sFvkLXgEndA
Does it mean that PERM process completes some background check that they don't have to do again in I485?

Karthikthiru
08-15-2007, 07:32 PM
I have the same question

Karthik


Hi:

Question: Will USCIS accept re-filed applications after August 17, if it is shown that the original I485 application applied before that date was rejected because of USCIS error or lost by USCIS?

I think at this point many people whose checks have not cleared would like to ask this important question.

Sincerely,
Glus

GCNaseeb
08-15-2007, 07:37 PM
Great question. Let us put it nicely:
Would USCIS allow us to re-file after August 17, for any rejected I-485 application due to errors either from applicant/his attorney or from USCIS staff? If yes, can we expect at least 4 weeks window for re-filing?


Hi:

Question: Will USCIS accept re-filed applications after August 17, if it is shown that the original I485 application applied before that date was rejected because of USCIS error or lost by USCIS?

I think at this point many people whose checks have not cleared would like to ask this important question.

Sincerely,
Glus

FrankZulu
08-15-2007, 07:41 PM
Please clarify about the validity of the Checks (say Treasurer's check,Personal Check etc). How long it is valid?
I dont remember the IV Handle who asked this question earlier couple days back.

Same Question:
Will they accept/deposit such checks(Treasurer's check, Personal Check) after the validity period has passed.

bach007
08-15-2007, 07:41 PM
Can H1B be extended beyond 6 years while 485 was applied but is still pending.

(others have already asked abt Travel w/o receipt)

maddipati1
08-15-2007, 07:45 PM
IV Core, Thanks for your efforts.

Question: Is there any proposal within USCIS about providing Interim EADs, considering the current fron-log and obvious back-log in near future due to recent volume of AOS applications filed?

jonty_11
08-15-2007, 07:48 PM
Can a person have 2 AOS applications - one as Primary and another as dependent?

There has been a lot of discussion around this on the forums, would be good to hear from the hourses mouth?

vasired
08-15-2007, 07:52 PM
Can you check with USCIS when 180 day count starts for AC21?..Is it received date or Notice date?
Thank you

abracadabra102
08-15-2007, 07:55 PM
Great question. Let us put it nicely:
Would USCIS allow us to re-file after August 17, for any rejected I-485 application due to errors either from applicant/his attorney or from USCIS staff? If yes, can we expect at least 4 weeks window for re-filing?

Please allow me to re-phrase this question :D

In the light of enormous workload and short time frame available to all the parties involved (attorneys/applicants/USCIS), would USCIS re-consider denying applications for lack of completeness and issue an RFE instead.

USA2007
08-15-2007, 07:59 PM
HI!

I have approved EB-2/I-140(PD October'2005) & also approved labor(EB-3)(PD October'2003). I have filed for I-485 last month. According to my lawyer, he has asked USCIS to port EB-3 priority date to EB-2 (by giving required documents+ letters +forms etc). Will USCIS approve this porting?

Regards,

USA2007

GCNaseeb
08-15-2007, 08:00 PM
I think "Denying" happens at the final stage of processing. "Rejection" may come before receipting.
Feel free to fine-tune :)

Please allow me to re-phrase this question :D

In the light of enormous workload and short time frame available to all the parties involved (attorneys/applicants/USCIS), would USCIS re-consider denying applications for lack of completeness and issue an RFE instead.

guest1978
08-15-2007, 08:01 PM
Typically USCIS seems to be using RD of 485 once the PD is current for a given set of petitions. My 485(pd July 2003) got approved on July 28, 2007 and my wife's application was received on July 2nd(ND Aug 4, 2007).

In such a case would my wife's petitions retain my PD? If so what would be the order it would be processed in as compared to say someone who has a PD 2006, RD 2007.

Thanks.

eb3_nepa
08-15-2007, 08:03 PM
Here are my questions.

1) What is happening for people whose I-140 is approved in TSC and I-485 is applied in NSC, is the application going to be transferred to TSC?
2) What is the timeline for receipts? People from July 2 are waiting and people from July 3 have started receiving receipt notices.

nfinity
08-15-2007, 08:05 PM
I am sure there are quite a few other people. My H1 was extended. I dont have US. Get a stamp at the local consulate and come back on H1 stamp.

Secondly, does travel on AP invalidate H1 status?

fromnaija
08-15-2007, 08:05 PM
Will a child whose I485 has been submitted age out on reaching the age of 21? How does Child Status Protection Act (CSPA) protect such a child from aging out? Will USCIS expedite such applications?

abracadabra102
08-15-2007, 08:06 PM
I think "Denying" happens at the final stage of processing. "Rejection" may come before receipting.
Feel free to fine-tune :)

I agree :)

In the light of enormous workload and short time frame available to all the parties involved (attorneys/applicants/USCIS), would USCIS re-consider rejecting applications for lack of completeness and issue an RFE instead.

cs.0
08-15-2007, 08:07 PM
My company is located in X state. I stayed in Y state for 7 months.During this stay, I applied for I485 showing Y state address. I am paying tax as per X state.


My labor and I140 got approved in my old residence (X state) address.

Now I applied I485 for me and my wife by showing Y state address through my same employer.


Could you Pls clarify, wheather this new address will make any impact on my I485 filing.

jetguy777
08-15-2007, 08:10 PM
I am interested in the answer to the question posted by PS57002

morchu
08-15-2007, 08:14 PM
Please ask USCIS to mention how they are going to handle issue of multiple 485 filings in a broader sense.

Means
1. One 485 as primary and another as derivative(dependent).
2. Two 485's based on two separate employments, and two separate I-140.
3. Two 485's based on same I-140 (a duplicate filing).

It is obvious that USCIS can approve only one 485. But how they are going to handle these situations/ what is their policy (say ... reject both... approve one... etc...).


Also how they are going to handle the possible long delays in issuance of EAD. Any possibility of re-introducing the interim EAD's. What about increasing the validity of EAD's from 1 year to 2 year/ 3 years (because USCIS is going to receive approx the same amount of renewal applications every year, and according to current situations the GC process is going to take definitely more than 3 years. Also the incresed fee.)

The same question is applicable to AP as well. What about increasing the validity of AP period from one year to 2 or 3 years (because of the same reasons mentioned for EAD).


Also I would like USCIS to address the defined policy on how the status changes from H1 to adjustee. (Consider the below conditions) and adjustee to H1.

1. Person enters US using AP, but have a valid I-797 approval for H1 for next 2 or 3 years.
2. Person starts using EAD, goes outside of country, comes back using a valid H1 visa.


What is the USCIS policy for a 485 applicant taking long vacations outside of USA/ taking temporary jobs outside of USA and remain outside of USA for a long period. (Say 6 months / 1 year / 2 years).




Can a person have 2 AOS applications - one as Primary and another as dependent?

There has been a lot of discussion around this on the forums, would be good to hear from the hourses mouth?

yyu2005
08-15-2007, 08:14 PM
I'd like to ask the question posted by ps57002 and icecreamy.
Will traveling with valid H1b/L1 visa without receipt notice be taken as abandon the AOS? Lots of ppl needs to go out of US for business trip or travel. Due to the front log, it might take 90 days-30 days to get the receipt notice. It really create problem for us. Can CIS address this to help us?

gc_chahiye
08-15-2007, 08:16 PM
Can H1B be extended beyond 6 years while 485 was applied but is still pending.

(others have already asked abt Travel w/o receipt)

has already been answered in FAQ #1, question #17. Answer is yes and you'll get an extension of 3 years if your I-140 is approved.

f_b_2007
08-15-2007, 08:20 PM
Hello,

Thanks for the initiative.

I only have one question: Will they still process EAD in 90 days? My application reached on July 3rd.

Thanks,
ODSNK

Thanks to IV.

I have same question as 'odsnk'... will they reinstate the interim EAD after 90 days?

nutakksa
08-15-2007, 08:21 PM
With increased load of 485 applications, how they are planning to co-ordinate and speed up namecheck / FP check etc..

harish
08-15-2007, 08:22 PM
Question

Can a person who is either a primary or derivative AOS applicant, leave the country (for e.g., visit Canada) to renew their H1B Visa stamping, after receiving their AOS receipt notice - I-797 Notice of Action? If so, what is the process to be followed without abandoning their 485 AOS application?

Thank You!

satishbsk
08-15-2007, 08:23 PM
IV Core, Thanks for your efforts.

Question: Is there any proposal within USCIS about providing Interim EADs, considering the current fron-log and obvious back-log in near future due to recent volume of AOS applications filed?

Mine is the Same question as asked above. or Can we get EAD after 90 days for sure ?

Thank you,
bsk

chanduv23
08-15-2007, 08:24 PM
Can one travel after filing I485 but without having receipt if they have valid H1B stamp in passport?

I am travelling without a reciept notice as it is my brother's marriage and I cannot avoid.

vxb2004
08-15-2007, 08:29 PM
Thanks for the initiative. My questions are similar to eb3_nepa

coloniel60
08-15-2007, 08:32 PM
USCIS issued an update saying that they have processed all application received before July 1st but how come many people who mailed their applications in second and third week of June are still waiting for their checks to be cashed?

abracadabra102
08-15-2007, 08:34 PM
My company is located in X state. I stayed in Y state for 7 months.During this stay, I applied for I485 showing Y state address. I am paying tax as per X state.


My labor and I140 got approved in my old residence (X state) address.

Now I applied I485 for me and my wife by showing Y state address through my same employer.


Could you Pls clarify, wheather this new address will make any impact on my I485 filing.

My two cents. GC is for future employment and has no bearing on where you live currently. If you are applying for adjustment of status, you have to be in status and in US.

Why did you pay tax to state X while living in state Y? If you lived in state Y for 7 months and in state X for 5 months , then you pay taxes to both X and Y pro-rata.

ramus
08-15-2007, 08:39 PM
I have same question too. Also what happens if your application get rejected for some small mistake.. Can you re-file it even after August 17th or do you have to wait till your date become current.

Thanks.


Hi:

Question: Will USCIS accept re-filed applications after August 17, if it is shown that the original I485 application applied before that date was rejected because of USCIS error or lost by USCIS?

I think at this point many people whose checks have not cleared would like to ask this important question.

Sincerely,
Glus

nlssubbu
08-15-2007, 08:40 PM
1. Is there any timeline that an employee need to stick to the company sponsored his/her GC after approval of GC? :confused:

2. When the Visa number is allocated only during adjudication of I-485, why people have to wait for Visa numbers to be current to file I-485? :D

3. Can they clarify how the flow of Visa numbers happens among EB? (i.e.
1. Horizontally - EB1 Row to EB1 Retrogressed and then to EB2 Row, EB2 Retrogressed, etc
2. Vertically - EB1 Row to EB2 Row then to EB3 Row and then to EB3 Row, then to EB1 Retrogressed, EB2 Retrogressed to EB3 Retrogressed) :confused:

4. Can they determine the Birth Place / Origin of the applicant from the Labor / PERM process onwards to predict the demand of Visa on various categories in a better way?

5. Can they provide some kind of status update during I-485 status to know clearly more about the checks and the pending information?

Thanks

ps57002
08-15-2007, 08:49 PM
Related to my original question...traveling after filing I485, without receipt notice, with valid H1B.

What if while you are traveling, there is an RFE for something? I'm told by lawyer you have 60 days?? to submitt. Would being out of country (valid H1b stamp, no I485 receipt if that is deemed ok by USCIS) when getting RFE affect the I485 application or you can submit docs for RFE when back?

nikh
08-15-2007, 09:15 PM
i m interested in guest1978 question

GCD567
08-15-2007, 09:48 PM
Can we get a status on I-485 applications received in June 2007 and haven't got receipt notices. USCIS press release indicates both NSC and TSC completed data entry and receipt notice work for dates 7/1/2007 & 6/28/2007.

The press statement is quite contradictory to actual facts. How come this possible ?

Customer service response:Wait for 90 days and call back. What happens if USCIS unable to provide receipt numbers after 90 days ?

Thanks
GCD567.

gc_chahiye
08-15-2007, 09:56 PM
2. When the Visa number is allocated only during adjudication of I-485, why people have to wait for Visa numbers to be current to file I-485? :D


the law requires a visa number to be available for you to be able to file for AOS. This was discussed a lot when July VB fiasco happened. This was also probably the 'permanent fix' that IV was trying for, but did not work out perhaps because of the legislative change needed. THis is not in USCIS control.

WeShallOvercome
08-15-2007, 10:12 PM
Can we travel without receipt notice(If receipt notice has been/ has not been issued yet)
What if I-485 is approved while I'm out of the country without advance parole(on valid H1B etc.)

diptam
08-15-2007, 10:46 PM
Hi ,

USCIS works with software and Human - Both are Prone to natural errors.The first error is called 'Bug' and 2nd one is called 'Mistake'.

Shall we get JUSTICE for 'Bug' we haven't created or 'Mistakes' that we didn't Commit ??

Thanks,
Diptam

I have same question too. Also what happens if your application get rejected for some small mistake.. Can you re-file it even after August 17th or do you have to wait till your date become current.

Thanks.

GKBest
08-15-2007, 11:16 PM
If the USCIS made an error in rejecting the filed application, will we be given the chance to re-file even if the PD is no longer current?

vaishalikumar
08-15-2007, 11:25 PM
Same question ?


Great question. Let us put it nicely:
Would USCIS allow us to re-file after August 17, for any rejected I-485 application due to errors either from applicant/his attorney or from USCIS staff? If yes, can we expect at least 4 weeks window for re-filing?

arnet
08-15-2007, 11:32 PM
Consolidating the questions posted in other threads:

1. Whether interim EAD is possible to get since the processing dates are 5 months now for NSC? what is the exact guidelines that USCIS will follow?
2. Since the processing dates are 5 months now for NSC, how to get urgent or emergency AP (approval) if we are travelling aboard using the already filed AP?
3. What if last fingerprinting results were rejected because it is not readable, how long USCIS will take to resend one? contacting infopass didnt help. Is there any proper guidelines for this problem? whom to contact, how to contact to get the fingerprinting schedule and how long to wait for another one.
4. How to verify that our address change is reflected in your system and also reflected in all pending application? rightnow it gives only confirmation number.
5. How to know namecheck and fingerprinting were cleared?
6. Can people travel after filing I-485 but before getting EAD or AP approvals?

RobAllan
08-15-2007, 11:34 PM
Can one travel after filing I485 but without having receipt if they have valid H1B stamp in passport?

I have the same question.

tabletpc
08-15-2007, 11:34 PM
My questions..

1. Any chance of premium process for i-140 getting started soon. ..??It is not surprising for many applicants to have a pending i-140 application while the time frame 180 days has passed for using AC21. But using AC21 with a pending i-140 is a big risk.

2. Does moving to different job using H1b transfer after 180 days of filing also require one to take up new job which is similar to the one for which labor got approved. Here the applicant is not using EAD..he/she is using the H1b .In other words not using the benefits of GC.

Thanks for all u r efforts IV

InTheMoment
08-15-2007, 11:41 PM
Questions

Pre-adjudication of applications:

Does the USCIS take an application for adjudication only after the Name Check is done and/or the FP is processed ?
Is there any specific criteria apart from the order of the RD to pick applications from the staging area to the adjudicators desk.

Service Center Processing Times published for I-485:

While we understand that the processing times reflect "the filing date of cases that are being completed" when the service level goal (6 months for I-485) is not met.

In actual terms does that date reflect the earliest case that the service center is processing? This question arises from the observation that many who have filed their application several months after this date have got their applications adjudicated. As such, a clarity on how that would happen would better serve your customers to understand where their applications stands.

pvub
08-15-2007, 11:41 PM
I would like to ask the same question as ps57002.

It is very important for all those who filed their I-485 and had to travel, before receiving their receipt notice.

pvub
08-15-2007, 11:54 PM
Consolidating the questions posted in other threads:

1. Whether interim EAD is possible to get since the processing dates are 5 months now for NSC? what is the exact guidelines that USCIS will follow?
2. Since the processing dates are 5 months now for NSC, how to get urgent or emergency AP (approval) if we are travelling aboard using the already filed AP?
3. What if last fingerprinting results were rejected because it is not readable, how long USCIS will take to resend one? contacting infopass didnt help. Is there any proper guidelines for this problem? whom to contact, how to contact to get the fingerprinting schedule and how long to wait for another one.
4. How to verify that our address change is reflected in your system and also reflected in all pending application? rightnow it gives only confirmation number.
5. How to know namecheck and fingerprinting were cleared?
6. Can people travel after filing I-485 but before getting EAD or AP approvals?
Please include the following as well:

"Can one travel after filing I485 but without having receipt if they have valid H1B stamp in passport?"

FromBayArea
08-15-2007, 11:58 PM
Question:
Can the visa bulletin be updated to reflect the correct dates of processing. Ex July VB dated June 12 to say applications accepted for employment based category for applications received from July 2 - Aug 17.
This is because when I pulls the VB to check if the application falls under that VB , if they pull VB of Aug for application reached after Aug 1 but of priority date less than June 2007 , USCIS might reject sayiing Aug VB is "U".
This is what happened when I met Immi Officer at SFO.

Question:
When USCIS returns application which are because of mailroom error or their other error, when we resubmit would be treated with receipt date of original submit date?

sam0407
08-16-2007, 12:02 AM
Basically, The foremost question in everybody’s mind would be: Due to delay in receipt processing at USCIS, the applicant may not have sufficient time to re-file incase the application rejected due to (Initial evidence/ wrong check /signature missing or attorney error) after August 17th. Will USCIS accept the re-filing if we provide proper evidence that we have filed before August 17th and rejected due the xyz reason?

Please allow me to re-phrase this question :D

In the light of enormous workload and short time frame available to all the parties involved (attorneys/applicants/USCIS), would USCIS re-consider denying applications for lack of completeness and issue an RFE instead.

WaitingYaar
08-16-2007, 12:03 AM
Question: If one has to file for EAD renewal, how soon he/ she should apply considering the current front backlog of EAD/ AP and 485 filings.

icecreamy
08-16-2007, 12:03 AM
This question may also be re-phrased as:

Does travel after filing 485 but without having receipt affect 485 application?

Please include the following as well:

"Can one travel after filing I485 but without having receipt if they have valid H1B stamp in passport?"

nikh
08-16-2007, 12:25 AM
Typically USCIS seems to be using RD of 485 once the PD is current for a given set of petitions. My 485(pd July 2003) got approved on July 28, 2007 and my wife's application was received on July 2nd(ND Aug 4, 2007).

In such a case would my wife's petitions retain my PD? If so what would be the order it would be processed in as compared to say someone who has a PD 2006, RD 2007.

Thanks.

I have same question for USCIS

iv.issues
08-16-2007, 12:28 AM
I have the following questions. Thank you for the efforts! Contacting the USCIS does not mean we are not going to the protest, right?

1) Why do some cases need "extended review" or "internal review" or "internal check"? Is that because the USCIS lost some of our files?

2) How does the USCIS access our name check results? against our names and dates of birth? or against our A numbers or against our I485 receipts number? How long does it take for the name check results get to the USCIS after the FBI completes them?

3) If the USCIS make mistakes on our cases and cause our cases further delay, could we request to expedite our cases based on the instruction on the USCIS website? If yes, how do we do that?

Thank you!

inspectorfox
08-16-2007, 12:32 AM
How long would it take for USCIS to make a decision on I-140 cases delayed by Background Check/Security Check/Domestic Investigation?
Is it an internal USCIS review of the case or is FBI also involved?

ushkand
08-16-2007, 12:48 AM
If an applicant sends in form G-325 instead of the required G-325A with AOS application, is that grounds for rejection or an RFE?

venky08
08-16-2007, 01:10 AM
looking at the flood of applications which is going to make it difficult to people getting green card sooner than 3 years why not approve EAD and AP for 3 years validity?

i read it somewhere that the people seeking asylum are given 5 year EAD since their processing takes much longer than that.

i am still for increasing the visa numbers and pressing the USCIS to expedite this slow process, however, this measure would save thousands of applicants who will have to suffer delays in case of no significant increase which will go in effect immediately.

anu01
08-16-2007, 01:16 AM
1. Can we travel outside US without receipt notice of AOS?
2. Can we re enter US without receipt notice of AOS on valid non immigrant visa
3. Do we need to have AOS receipt notice at the time of interview for stamping of extended non immigrant visa
4. what are the other risks if we travel outside US with pending AOS and without receipt notice

INSpector
08-16-2007, 07:14 AM
When the I140 premium processing will be available again?

Thanks
INSpector

farhad
08-16-2007, 08:27 AM
How long would it take for USCIS to make a decision on I-140 cases delayed by Background Check/Security Check/Domestic Investigation?
Is it an internal USCIS review of the case or is FBI also involved?

I have the same quest

Almond
08-16-2007, 08:41 AM
I have the same quest

Actually, that's been answered on here many times and it seems the decision on EAD is independent of all those factors. In fact, your security check could be going on at the same time your EAD gets approved and could continue to be pending for a lifetime after you get your card. EDIT** I just realized the question was on I140 but the answer still applies. Those security checks are for I485 and naturalization.

It would be nice if they could provide some kind of step by step description of how they process these applications-like a "General Facts of I-485 processing" type of thing- so people don't constantly have to wonder and ask when do they do this, how do they do that, etc.

Would it be too rude to ask them to train their Customer Service better? It's so daunting to call and ask a simple question twice and get different answers from the two people.

ssnd03
08-16-2007, 09:09 AM
On August 10, DHS secretary Michael Chertoff made a statement that USCIS & FBI are working to reduce the background check backlog.

When will I485 applicants waiting 1+, 2+, 3+, 4+.... years for background check see any relief, if at all?

rajeshalex
08-16-2007, 10:03 AM
a) USCIS can allow premium processing for I-140 and 485 if the alien priority date is current or going to become current in the 3 months

b) EAD card issued once has to have min 5 years lifetime. Its difficult renew the EAD cards

makemygc
08-16-2007, 10:11 AM
Hi all,

IV is in touch with USCIS and they have told us that if you have any questions, USCIS will try to answer those questions in their FAQ's.

We request IV members to post their questions on this thread. We request you all to please read all the questions before you post your questions. If you have same question(s) that somebody else have posted please say that I would like to ask the question posted by (IV handle). This would help us how many people have same question.

We also request you not to post the receipt notice questions. We were told that USCIS is working and will try everything possible so that you all get your receipt notice.

pdakwala...hats off to you guys...Although you guys must be really swamped with the rally work but still able to accommodate the basic needs of the IV members...thank...Here is my million dollar question--

What's going on with the cases that were applied at NSC but the I140 was approved at TSC? Is NSC going to transfer these cases to TSC? If yes, then when they are going to start doing this. We haven't seen a single receipt of those kind of cases for the application filed on July 2nd.
If you can get some clarity on this issue, that would be great.

johnamit
08-16-2007, 10:20 AM
I have same question as Ramus.
what happens if your application get rejected for some small mistake.. Can you re-file it even after August 17th or do you have to wait till your date become current.

Thanks.

yabadaba
08-16-2007, 10:30 AM
same questions as make my gc!!!

johnamit
08-16-2007, 10:30 AM
Wow, this is great opportunity for IV members. Thanks a ton to IV Core for making it possible.

Question:
With the flood of applications for EAD/485, it may take another X years to get GC. There have been already Y years since labor was filed.
Does USCIS still want that the person needs to be in same/similar job for X+Y years?
In most cases X+Y could be more than 7 years.

svis
08-16-2007, 10:30 AM
Scenario:
Primary Applicant’s I-485 was filed few years back when the date was current. Primary Applicant got married at a later date and could not file I-485 for his spouse (who was on H4 visa) as date retrograded. In June 2007 when dates became current, before primary applicant could file for dependent spouse’s I-485, Primary Applicant’s GC got approved. As there was no other option, Primary Applicant filed for dependent spouse’s I-485, AP and EAD anyways in July 2007.

Irony:
Before June 2007, Primary Applicant could not have filed for dependent spouse’s I-485 as the date was not current. After July 2007 Primary Applicant cannot file dependent spouse’s I-485 because his GC got approved. Dependent spouse went out-of-status due to none of their fault.

Questions for USCIS:
1. Is the Dependent spouse (who was on H4) out of status? (Because Primary Applicant who was on H1 now has an approved Greencard, hence his H1 is not valid anymore which in turn means that his dependent spouse’s H4 is also not valid).

2. Will USCIS accept dependent’s I-485 application even though they received it after primary applicant’s GC approval? Will USCIS also approve the dependent applicant AP and EAD?

3. Assuming that USCIS will approve the Greencard, will it be approved based on Primary Applicant’s priority date/ EB category?
Thanks

nb_des
08-16-2007, 10:34 AM
Due to frontlog situation will they provide interim EAD after 90 days wait since due to the delay in EAD processing spouse will not to work after 90 days?

sanan
08-16-2007, 10:34 AM
Can we take an infopass appointment if USCIS makes a typo in the EAD?
What proof is required to prove that its USCIS's fault and not the applicant's?

vaishnavilakshmi
08-16-2007, 10:37 AM
Hi,

Iam a july 2nd concurrent filer of i-485 with i-140 reciept.When can i expect reciept and i-140 approval?How about EAD since we lost 15days of time in July bulletin from 2nd july to 17th july?

Vaishu

sgupta33
08-16-2007, 10:42 AM
Hello,

Thanks for the initiative.

I only have one question: Will they still process EAD in 90 days? My application reached on July 3rd.

Thanks,
ODSNK

I have the same question. Thank you for your help with these issues.

sgupta33
08-16-2007, 10:49 AM
With increased load of 485 applications, how they are planning to co-ordinate and speed up namecheck / FP check etc..

Hello,

I have a similar question as nutakksa's. I'm interested in knowing whether USCIS has plans to deal with the increased load of applications so that the process is not delayed indefinately to obtain EAD, AP, and GC.

Thank you.

n2b
08-16-2007, 10:50 AM
I have few questions regarding the use of Advance Parole and EAD, here it goes -

1) If a person has not completed 6 years of H1B time and uses Advance Parole to re-enter the country OR starts using EAD can either of this stop the H1B's 6 year clock? If yes, in case of I485 rejection can the person apply for H1B and re-capture the remaining time of H1B and be in this country on Legal Status?

2) If a person enters on Advance Parole and keeps working for the H1B and GC sponsoring company, what is the status of the person's H1B?

3) If a person keeps working for the H1B sponsor on a valid I797, if the person starts using EAD for some part time job or opens his own business while working for H1B sponsor, what is the status of the person's H1B?

4) For AC21 portability what is important Receipt Date or Notice Date?

leo_loco
08-16-2007, 10:51 AM
As all we know that there will be a backlog for EAD at USCIS. EAD is for one year work permit. Can we request USCIS to increase EAD time period from 1 year to 2-3 years like H1-B ?

Otherwise everyyear there will be a backlog for EAD as looking at the current work load it will be atleast 6 months waiting period for one to get EAD to continue work.:(

jai_immigration
08-16-2007, 10:54 AM
My Question:
1. Can you travel outside of us and use AP to return back and continue to work on H1 with the sponsor employer.
2. Given that there is going to be a huge back log for Green Card, can USCIS change to grant EAD & AP for 3 years period instead of 1 year.

sam0407
08-16-2007, 11:06 AM
This is a great idea!
Because of the delay in AOS processing. One year validity of EAD will increase the workload for USCIS still more. Because people going to keeping extending their EAD.
We understand USCIS will benefited by one year extension, because of the fee they collect.. But there should an option, people can pay higher fee for three year extension something like that.



As all we know that there will be a backlog for EAD at USCIS. EAD is for one year work permit. Can we request USCIS to increase EAD time period from 1 year to 2-3 years like H1-B ?

Otherwise everyyear there will be a backlog for EAD as looking at the current work load it will be atleast 6 months waiting period for one to get EAD to continue work.:(

mpadapa
08-16-2007, 11:08 AM
I have the same question as n2b

I have few questions regarding the use of Advance Parole and EAD, here it goes -

1) If a person has not completed 6 years of H1B time and uses Advance Parole to re-enter the country OR starts using EAD can either of this stop the H1B's 6 year clock? If yes, in case of I485 rejection can the person apply for H1B and re-capture the remaining time of H1B and be in this country on Legal Status?

2) If a person enters on Advance Parole and keeps working for the H1B and GC sponsoring company, what is the status of the person's H1B?

3) If a person keeps working for the H1B sponsor on a valid I797, if the person starts using EAD, what is the status of the person's H1B?

4) For AC21 portability what is important Receipt Date or Notice Date?

Springflower
08-16-2007, 11:20 AM
Hi

Thank you for the great service.

I have same questions as

glus
ps57002

who had asked earlier.

Thank you

texanmom
08-16-2007, 11:38 AM
Can a person have 2 AOS applications - one as Primary and another as dependent?

There has been a lot of discussion around this on the forums, would be good to hear from the hourses mouth?


I would like to hear the answer to this one too. Both my husband and I have GC processes in place...I have a EB2 and he has a EB3. But we went with my husbands since it has a earlier priority date. Can I also file? We might have a better chance with mine.

rcauvery
08-16-2007, 11:51 AM
My question is very similar to Guest1978 and Nikh.

Also if there are any problems with the derivative's application can it be re-filed if visa number are available and the PD is not current.

Thank You ...



Typically USCIS seems to be using RD of 485 once the PD is current for a given set of petitions. My 485(pd July 2003) got approved on July 28, 2007 and my wife's application was received on July 2nd(ND Aug 4, 2007).

In such a case would my wife's petitions retain my PD? If so what would be the order it would be processed in as compared to say someone who has a PD 2006, RD 2007.

Thanks.

VSS2007
08-16-2007, 11:53 AM
Q1) Why some/few AOS cases filed on 2nd July transferred from NSC to TSC?
Q2) When will these cases get receipt notices? (Looks like BIIIIIIGGGGGGG MMMEEEESSSSS!!!!!!!!!!)

glen
08-16-2007, 11:56 AM
I have the same question as
http://immigrationvoice.org/forum/showpost.php?p=147897&postcount=13


Great question. Let us put it nicely:
Would USCIS allow us to re-file after August 17, for any rejected I-485 application due to errors either from applicant/his attorney or from USCIS staff? If yes, can we expect at least 4 weeks window for re-filing?

batakachata
08-16-2007, 12:04 PM
Pardon me if this has already been asked.

"What happens if an application filed during June/July 07 is rejected/returned dur to insufficient supporting documents. Can the person refile the application with the original receipt date or the process starts all over again".

Second aspect is "what if an application is rejected by mistake (for no fault of the applicant. Will USCIS entertain the application with theoriginal sent date (assuming the attorney si able to explain the circurmstances to USCIS that prove that the applicant is not at fault"

BEC_fog
08-16-2007, 12:05 PM
If a person did CPT and OPT and then H1 with the same company sponsoring the green card, is the CPT and OPT experience(on F1 visa) valid as work experience requirement for I-140?

bijualex29
08-16-2007, 12:12 PM
I paid 100$ consultation fee to ask this question
:"what if an application is rejected by mistake (for no fault of the applicant. Will USCIS entertain the application with theoriginal sent date (assuming the attorney si able to explain the circurmstances to USCIS that prove that the applicant is not at fault"

I asked my lawyer too the same question:-

The answer from both the lawyer I got is, they retain all the documentation i.e Photocopies of the application, and if it get rejection for any reason " Mailroom error", we should be able to refile stating that it is rejected based on " MAIL ROOM ERROR" and send all the supporting doucmentation like photocopies of Cheques dated 2nd July,2007 or photocopies of Photo's or other supporting documention.


This gives some peace of mind.


Chill out and think of bigger picture.


Biju

newuser
08-16-2007, 12:18 PM
I am on H1 and my wife is a F1 full time student. I did apply for 485 and EAD and included her as a dependent. My wife is planning to graduate by this December.

My questions are.

1. Does she need to intimate the International Student Co-ordinator about her I-485 filing and her EAD appliaction.
2. Can she accept graudate assistantship from the college for the rest of her studies.
3. Can she apply for OPT ( EAD) pertaining to her Master's degree once she graduates though a EAD application is pending related to her I-485.
4.Any other legal complications or info, a F1 student needs to know in this type of situation.

Thanks IV for all the help

cs.0
08-16-2007, 12:34 PM
I stayed in X state for more then 1.5 years and, for training i came to y state so i was paying tax for X state. Now, i updated to x state address in AR11 form when I returned back to X state . It is fine ?:o......

pdakwala
08-16-2007, 01:04 PM
We have enough questions for now and are closing this thread. We will go through each questions and will sent only those questions that only USCIS can answer.

Thanks.