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Hopefully your prediction of NSC having a rocking second minor half of feb. comes true. Just 7 working days remain in this month and hopefully we will see a bunch of approvals for Nov filers starting Tuesday. If not, NSC will see a lot of SRs ,come March 1st.Quote:
Originally Posted by nishant2200
This is ridiculous - do lawyers even read the instructions! It clearly asks for EVL and not pay-stubs. I hope this does not delay you by much. In any case, we are all rooting for you to quickly respond to the RFE and then greened. Best of luck.
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Originally Posted by TeddyKoochu
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Originally Posted by soggadu
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Originally Posted by imdeng
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Originally Posted by imdeng
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Originally Posted by rockybaba
Friends my sincerest thanks to all of you for your solidarity and support. I hope that the RFE response gets sent out this week. Lawyer’s way is clearly not correct he was adamant that the old EVL submitted 4 yrs back for 140 + tax returns + recent pay stubs + I134 would work; I and my HR manager did suggest submitting EVL. I just hope nobody else goes through the same thing due to the attorney’s mistakes or plainly ego issues. Also I feel Ron’s theory of BC RFE’s seems to be correct his idea of submitting 3 copies sounds perfect and that may well be the issue of the BC RFE for me and my wife, not sure if my attorney did some mess up here as well. Hopefully this will be my last dealing with this law firm.Quote:
Originally Posted by vizcard
Thanks Harsha for replying to my post. Please keep me posted if anything changes. I will too from my end. Which service center is her application being processed at. Mine is TSC. What date she went for Fingerprints.
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Originally Posted by harsha131
Originally Posted by gc5000
Received email/text yesterday:
POST DECISION ACTIVITY: On February 17, 2012, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.
What happened to my EAD Card? Anybody had similar experience?
PD: 05/01/2008
RD: 01/17/12
ND: 01/22/12
FP: 02/02/12 (Early Walk-in, Actual Biometrics date 02/17)
EAD: ???
AP: Approved (02/17)
I485: ???
SC: TSC
EB2I
Congratuations to to gcoracle and others for getting there GC.....Have Fun..
i looked through the first 25 pages or so of this thread but didn't get a clear answer. So I'll post it.
What happens if you are overseas when you 485 gets approved ? I plan on going on vacation during mid-Sept to mid-Oct. Based on how things are going and my PD (Aug 2008), I may be in that zone where my 485 gets approved. Any insight would be appreciated.
Kanmani replied in the EB2 Predictions thread recently
to summarize, If you get ur 485 approved while overseas, u wud need to go for Immigrant visa stamping at the consulate and then enter US.....some have got the GC posted to their native address thru their friends and it has worked at POE but they may have the right to refuse ur entry without immigrant visa.
If you are from India, then u wud need to go to Delhi or Mumbai consulate only.
I am planning to go in May and in a confused state right now :(
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Originally Posted by vizcard
Do we need to go for stamping even with an approved I-131? I have planned to use the AP to re-enter and my PD is Jan 2008, which I am expecting sometime in Apr, May to get the 485 approval at which time I am on vacation in India. Anyway I will check with my lawyer.
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Originally Posted by cbpds1
Dear Friends, My AP was approved on 02/17 but no LUD or change of status for EAD. I was trying to find out if anybody had similar experience. EAD is still showing initial review. What could be the possible reason? I thought EAD/AP is issued on a combo card these days.
Application is at TSC. Any advice?
I went to India on vacation, got an RFE and came back to US with out any problem.Quote:
Originally Posted by harsha131
One of my colleague went to India on vacation, got an approval and came back with out any problem.
Sorry for bugging you guys so much with my RFE details. 2nd request below is still annoying me.
1. Evidence that I tried to find the birth certificate and was unable.
2. Copy of I-94 that was issued in May 2005, if you have it.
3. Any employment authorization documents that were issued for her benefit.
For the first one, I applied for Non Availability Certificate in India and will be getting it in a week or so.
For the second one, I don't have I-94 card and I am planning to send them the passport copies containing the port of entry and date for May 2005. Do you guys think, that would be sufficient?
For the third one, I am providing all copies of H1's and OPT Card. Is it enough?
Nayekal, the 2nd point clearly says provide copy of I-94 "IF YOU HAVE IT". If not, then just tell them you don't have the copy. If you still want to give them something for your peace of mind then just give any evidence you deem fit.
By any chance do you have I797 (H1B or H4) approval notice issued with same I-94 # from May 2005?
For 3rd point. Just OPT copies are enough.
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Originally Posted by nayekal
gc5000, Yes, I have all the copies of I797's that were issued after May 2005 and I believe, they have the same I-94 # as I never traveled outside the country.Quote:
Originally Posted by gc5000
For the 3rd point, I thought OPT card is fine, but some of my friends are telling me to submit all H1's along with OPT card and I-20's. In fact, I have submitted all of them to my attorney, not sure why they are asking me once again.
May be this is triggered by the fact that I didn't submit the I-94 for May 2005, which is the last and the most recent one for the port of entry.
Kanmani, Yes. I am from Chicago and been here from last 12 years.Quote:
Originally Posted by Kanmani
Do you think, they will allow me to get into CBP? If so, then I will go right now.
rocky baby - any updates on your I485 status? are you able to check the status online now?
Did you call USCIS and check the status? I am still unable to check the status of my I485 online :(
SC: TSC, PD:27Feb2008/EB2I, I140-15May2008, I485 mailed:05Dec2011, ND: 07DEC2011, FP Notice: 22DEC2011, FP Complete:04Jan2012? EAD/AP Approval Notification: 02/06/2012, EAD (Physical Card): 02/10/2011 485: pending
I am in the same situation. Initially received approved emails for Both EAD and AP and after 2 days I 765 Receipt moved back to Initial review. My 131 is still in approved status and I haven’t received any AP copy so far. I am Dec filer and opened SR for Both AP non delivery and EAD pending status, Got response saying we are still reviewing EAD case and please contact USCIS after 4 Months, they haven’t made any decision regarding I131 Non delivery.Quote:
Originally Posted by gc5000
I am primary applicant and Derivative received combo card.
I have applied for AOS and for me and my wife. Prior to applying AOS our H1/H4 were about expire, we go it extended till 2014 for me and H4 for my wife. On Nov 2011 she got her h1b approved with a consulting company, but she was not getting paid till we applied for AOS. Due to the same reason our lawyer put her current status as H4, even though she have an approved H1B. We were told her valid status would be H4 as she is not able to produce pay stubs. Now I'm thinking is it going to be ok? if we take the last action, it's H1B approval. Will this create any issues at the time adjudicating our AOS. Please share if anyone have a similar experience.
Another issue, From this link http://imminfo.com/News/Newsletter/2...AD_vs_H1B.html "by insisting on remaining in H status while waiting for his AOS to be adjudicated, the applicant guaranteed that he would not be able to remain in H status if the AOS was denied"
If that is the case why do one need to maintain his/her H status ? as it leads to a potential threat rather than a safe harbor.
Looks like it better to make use of EAD and AC21 than maintaining the H status.
We are in same boat. I called last week and was told case under review, so far no rfe. Case is with in processing time. L2 could not check detail status like name check etc...Quote:
Originally Posted by vipulgupta470
Not sure if it is same as online status like initial review or they can detail steps , l2 was not friendly so did not ask much.
Alternate solution from my Lawyer. Unlike AP...GC can be hand carried to India by either the spouse or somebody else. Also when one travels using the AP,one is understood to not have abandoned the gc process.The very purpose of an AP is to allow you to travel without risk to the gc application ( the I-765 approval document says as much ) .Quote:
Originally Posted by cbpds1
You can still use AP to enter after the I-485 has been approved.At the port of entry CBP can check the system and they will find your approval and they will mark it so in the passport. If you get somebody to hand carry your GC back to you in India,you can enter using the same as well.
Of course one can be extra careful and can go for the immigrant visa stamp at the consulate as well.It is not necessary though.
They are TSC too....FP on 2/11; so its clear TSC does it for many...nothing to worry. Will keep you posted.
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Originally Posted by gc5000
Same situation as you for derivative EAD. A P was approved on 2/18, two days after primary EAD/AP approval. No update so far on the EAD, but hoping its not an issue since its a combo cardQuote:
Originally Posted by gc5000
As per Kanmani , you will be in trouble if your spouse "opens" your green card packet!!!!!!!!!
I completely agree with your lawyer on this, once your green card is approved, highly improbable that you will be denied entry either with or without card,,,,,
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Originally Posted by gcseeker
The truth is, Immigration Officer has the right to deny entry into the U.S. for various reasons unless otherwise you are the citizen of USA.
Another interesting truth is the next counter immigration officer can overthrow the earlier denial at his own discretion, but usually that doesn't happen.
Issuance of a visa from the U.S. Department of State or visa waiver nationality/ even permanenet residentship is not a guarantee that the immigration will permit the entry.
KanmaniQuote:
Originally Posted by Kanmani
I am aware the CBP has a lot of power.However it can also deny the Immigrant visa citing the same reasons ( abandonement etc...) . Also there is an huge amount of documentation required for an immigrant visa which can be applied only in Delhi or Mumbai.One will also have to obtain detailed police records.
http://www.travel.state.gov/visa/imm...l#requireddocs
http://www.travel.state.gov/visa/imm...info_3195.html
Trackitt has many successfull cases of people entering with AP after I-485 has been approved or spouse hand carrying the GC back to them.
http://www.trackitt.com/uk-discussio...ile-outside-us
Murthy explains this.
http://www.murthy.com/news/n_intrvl.html
"If a person has an advance parole (AP) approved prior to departure, this document can be used when boarding a flight back to the United States. Upon arrival at the POE, the AP can be presented, but if the I-485 applicant is aware that his/her approval was issued during the travel abroad, the CBP officer should be informed of this change. "
The CBP officer will then look in the system and update the same in the passport.
gcseeker
I am not emphasising that immigrant visa is the only option to enter after I-485 approval. But with immigrant visa is stamped, we can travel with comfort. You dont need police clearance/ medical clearance in this case. Just the approval notice of I-485 should be worth.
I know many of us are not aware of the fact that there is an option like Immigrant visa . Immigrant visa is official thats all is wanted to tell.
I am not a lawyer , so I may be wrong in my views . I am just summarizing whatever i learn from the internet.
As per my knowledge from trackitt, I remember some people came back on AP after approval of GC ( Not sure if they were lucky), what happens if one's green card is approved after they boarded flight?? will they be denied because of that travel?? Purpose of AP is to travel safely, if they have all these bs rules, CBP/USCIS should consider above mentioned scenario.
Any one who is travelling should consult very good attorney before making travel plan (or) before boarding return plane.
As suggested by kanmani getting stamping should not be a problem as GC is already approved and probably better way.
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Originally Posted by gcseeker
Kanmani , you are correct in your representation of the process. The immigrant visa concept is similar to Canadian Permanent residency which will require you to first have the immigrant visa in the passport to enter the country . However, while the process does get thrown off when there is 485 approval on transit in to the USA. Here there is a clear collision of the immigration procedures. Either way if one does get 485 approval while being away on an approved EAD with AP , it should be good enough to enter POE with out a hassle. Coming to the point of not being allowed entry at POE , the US constitution grants the IO discretionary powers to deny/delay the case based on credible circumstantial evidence/or potential violation concerning national security. Typically good keeping professionals with GC do not have any issues. Infact one time when I was travelling in to country , the IO literally grilled me over my extended vacation for 2 months questioning the credibility of my employment for such extended periods of absence from employer, however toward the end he was nice enough to tell me that they on a daily basis track lot of fraud with immigration docs and lot of people even mis-representing their identity which is why based on certain circumstantial situation they are forced to take certain stances. Just thought I wd broaden this talking point with all due respect my friend.Quote:
Originally Posted by Kanmani
Q, Teddy, Spec, Nishant or others please give your feed back.
Me and wife got our EAD/AP approval emails on 02/04, we both got our approval letters( physical approval mails) on 02/11. While wife got her physical EAD on 02/09, I still did not received my physical card, status shows post decision activity but not moving to card production( even though I got couple of emails on 02/04 that they ordered for my card production). Is it normal? did any one of you experienced this kind of scenario?
Previously Soggadu said that it might happen, but when I see some trackitt scenarios, many of them did not get their physical approval notices but mine is the case were I received approval notice.
Grnwtg,Quote:
Originally Posted by grnwtg
It is not uncommon for the status changes to move back and forth, after the approvals. I think there is some bug in their system. As long as you got an approval email once, you should get your approval notice and card soon and you are good. In your case, it has been a while since you got your approval email. You can now probably call and talk to their representative.
http://www.murthy.com/news/n_intrvl.html
Infact , the above link has all information required.
After I-485 is approved,
->non-immigrant status is invalid.
->AP is not required to be admitted as PR
->AP is required atleast to board the plane
Below is from Murthy
CBP Procedures for Permanent Residents
If one is a permanent resident (green card holder), but does not have proper proof of that status, the CBP officer has several options. The CBP officer could waive the documentary requirements and allow the individual to enter as a permanent resident. Alternatively, the CBP could allow entry into the U.S. physically on a grant of parole, for purposes of a deferred inspection. This does not require possession of an AP,as it is a parole that is granted at the discretion of the CBP at the POE.
This deferred inspection means that one must return to the CBP at a later time to complete the green card processing. This procedure is appropriate for an individual who will be able to show the CBP the green card soon after reentering the United States, because it simply needs to be retrieved from home or another location. This might also be appropriate for one whose I-485 was approved during travel, as the physical green card generally is issued within a couple of weeks after approval.
We at the Murthy Law Firm have seen instances in which CBP officers simply allow such entry on AP or in H or L status for individuals who obtain the I-485 approval while traveling abroad. This does not alter the fact that the foreign national has been approved as a permanent resident. S/he should receive the green card in the mail following the I-485 approval, and should use that document for future work and return travel into the United States, otherwise complying with all requirements applicable to U.S. permanent residents.
KanmaniQuote:
Originally Posted by Kanmani
I just did not want others to think travelling on AP will be a huge problem after I-485 approval.I was told the same by my lawyer and just wanted to share it.Thanks for also digging into the murthy link.It does show the CBP officer has multiple options with or without AP. With AP one should not have much hassle in being admitted back into the US.
The immigrant visa might be an better option for one who desires that additional mental peace.Also on that related note ,if you could post the link for required documentation for an Immigrant visa might be helpful to others. Since all the links I have seen require detailed documentation ( All the links seem to have common documentation for CP cases and Immigrant visa ) .
gcseeker, I am not against your point. I agree with you that CBP allows entry with AP. But as per Murthy , CBP is allowing us not with the AP document in our hand instead they are allowing us with their own decision seeing the GC approval in their computer.
Friends please take your own decision in this regard.
:) Kanmani I do understand you want people to be cautious and I do not differ much as well.However from the same murthy linkQuote:
Originally Posted by Kanmani
Below is from Murthy
CBP Procedures for Permanent Residents
If one is a permanent resident (green card holder), but does not have proper proof of that status, the CBP officer has several options.
Which is why the Lawyer had suggested hand carrying the GC by the spouse which will constitute proper proof of status and there will be zero hassle at the POE.
With AP too it should be fine...Without AP discretion of CBP if they can pull it up on the computer.
Can things go wrong ? As with anything there will be some risk ,be it immigrant visa/AP in hand travel/Gc hand carried to India travel.
Anywaz like you said,let each one decide on his own the amount of risk one is willing to take.
Thanks mysati, status changing back and forth is fine but mine is stuck at post decision and never got email that usps has picked my card. Probably I need to give a call, but on approval email and approval letter they asked to wait for 30 days to receive card.
BTW, mysati did you received your EAD/485? yet
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Originally Posted by mysati
Hi gc5000,Quote:
Originally Posted by gc5000
Sorry for the delay with long weekend I was out. Anyways I am from virginia and I got my biometrics done on the scheduled day (no walk-ins). Immediately after FP, I guess they approved my I765 and I131. I am yet to receive the actual notice/card but as soon as I do I will update everyone. All the info I have is from the USCIS website. Hopefully the website isn't wrong because the lawyer also did not hear anything yet(Do not know if they do).
Feb filers, anybody able to check their status online yet?
Anybody received the FP related notice?
pdfeb09 - Yes, the system recognized all my receipt notices - they are all in either "Acceptance" or "Initial Review" state. I have not received the FP notices yet.
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Originally Posted by pdfeb09
Even my receipts (filed in 2nd week of Feb) are active on USCIS dashboard now.
485 is in Acceptance
AP and EAD are in Initial review
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Originally Posted by pdfeb09
Received my FP notice last saturday but cannot check my status online yet!!
PD EB2I: April-2008
Packet Sent to TSC: 1/31/2011
RD 2/1/2012
ND 2/3/2012
NRD 2/10/2012
FP Notice 2/14/2012
FPNRD 2/18/2012
FP date 3/13/2012
Wow .. the system does not recognize any of my receipts .. we are pretty close on the RD and ND. Don't know what it depends upon .. may be some officers did not bother to update the online systems in some cases.Quote:
Originally Posted by enigma
Just realized, you are with NSC .. that probably makes some difference ..
That's great .. your RD and ND is about a week after mine.. Keep posting the updates .. that will give me and Makmohan an idea about when to expect movement ..your PD is before mine.. so you will probably get updates sooner..Quote:
Originally Posted by ThatIsAll
Just realized, you are with NSC .. that probably makes some difference ..
makmohan, your case gives me hope .. :) I called them up today ...and after a wait of approx 30 min. the L2 officer told me that I was in the system, but the status check could take about 4-6 weeks to show up online. Will watch out for FP notice this week.. hopefully it comes along..Quote:
Originally Posted by makmohan
mak, we are both TSC filers .. that may have something to do with it..
Good luck All ..