Post 485-Filing

Have a question, we filed for 485 for self and wife in Jan 2012. My H1 expires in Oct 2012. We are planning to go to India in Aug for a long overdue vacation. I want to avoid stamping and want to use AP for coming back. I know if I use AP H1 becomes invalid. I want to know if I can file for H1 extension after coming back to US from India, is this possible if I use AP to come back. I want to file H1 extension since I'll not be leaving my employer any time soon and it will be a back up status besides 485.

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Originally Posted by haripathhi

Vizcard,

Of course your wife can use her EAD without any issues to the application but again being on EAD means that you both are solely relying on the I485 app to maintain status (unlike being on H1-B to which you could fall back on if something happens to the 485 app). But the answer to your question would be Yes.

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Originally Posted by imdeng

Wife going on EAD does not change the status of the primary applicant who can continue being on H1B. If 485 gets denied then wife will have to switch to H4 assuming that primary has maintained H1 till then.

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thanks guys. thats what i thought..just wanted a 2nd opinion.

on a side note
imdeng - how do you feel about losing to Ohio and OSU being in the Final Four?

It looks like NSC is showing some movement for Feb filers. I and my wife both got FP appointment. Even in the document posted by imdeng shows lot of FP and EAD activity
https://docs.google.com/spreadsheet/...Xc&pli=1#gid=5

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Originally Posted by goforgreen

Have a question, we filed for 485 for self and wife in Jan 2012. My H1 expires in Oct 2012. We are planning to go to India in Aug for a long overdue vacation. I want to avoid stamping and want to use AP for coming back. I know if I use AP H1 becomes invalid. I want to know if I can file for H1 extension after coming back to US from India, is this possible if I use AP to come back. I want to file H1 extension since I'll not be leaving my employer any time soon and it will be a back up status besides 485.

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I asked the same question on this thread few days ago. Did not received many responses but further search led me to this page: http://****************.org/forum/fo...-h1b-visa.html

IMO we can visit India and come back on AP without stamping. This will not invalidate our H1 status. There were some doubts on i-94 and its validity (date on I-94), which does not impact anything in the overall picture.
Hope this helps.

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Originally Posted by bloke0002

I asked the same question on this thread few days ago. Did not received many responses but further search led me to this page: http://****************.org/forum/fo...-h1b-visa.html

IMO we can visit India and come back on AP without stamping. This will not invalidate our H1 status. There were some doubts on i-94 and its validity (date on I-94), which does not impact anything in the overall picture.
Hope this helps.

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Ok link not active: may be this will work ####http://****************.org/forum/fo...-visa.html####
IM me I will paste it there

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Originally Posted by bloke0002

Ok link not active: may be this will work ####http://****************.org/forum/fo...-visa.html####
IM me I will paste it there

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Thanks Bloke, the link that you mentioned is for the other site, it gets asterixed here, but I got it. Also got some useful info from murthy site. You can come back on AP and work for H1 employer but your status wil be parolee. You can still file for H1 extension and after the extension approval you are back on H1 status. Hope this helps.

FPs have now gone out until Feb-15 RD. EADs are out until Feb-07 RD but mostly until Feb-02-03 RD. I was hoping to get my EAD today but no luck. It is infuriating how slow NSC is compared to TSC.

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Originally Posted by ThatIsAll

It looks like NSC is showing some movement for Feb filers. I and my wife both got FP appointment. Even in the document posted by imdeng shows lot of FP and EAD activity
https://docs.google.com/spreadsheet/...Xc&pli=1#gid=5

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:-) Good question - considering that this year was our first Big Ten Championship after some 16 years, I am happy regardless of the postseason results. Losing to Ohio sucked, but I don't mind OSU in FF - I like Sully especially - although I think your coach had no business losing to MSU at home and losing to us in Ann Arbor - you should have won B1G outright without much trouble with all that talent.

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Originally Posted by vizcard

on a side note
imdeng - how do you feel about losing to Ohio and OSU being in the Final Four?

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I was wondering : What's the usefulness of EAD and AP after receiving GC.
Does one need to surrender ead and ap ?

NewsFlash! DOS Confirms Lack of Enough EB2 India / China Visa Numbers Posted 29.Mar.2012

The Department of State (DOS) provided the Murthy Law Firm with confirmation today that, effective March 23, 2012, the EB2 cutoff date has been retrogressed internally to August 15, 2007. This means that the USCIS will not be able to approve further EB2 I-485 cases with priority dates that fall on or after August 15, 2007 at this time. Theses cases can be processed, but not approved, without visa numbers available.

Have been a silent reader since past 1 year. Want to thank Q , Nishant & rest of the folks for your posts/suggestions which have immensely helped me to understand quite a lot of immigration issues. Also updating my signature , got my EAD/AP approval emails yesterday.

AFAIK - they don't mean anything once you have your GC. Your status changes to Permanent Resident and both EAD and AP become redundant/not-necessary. You don't need to specifically surrender it - just file it as a reminder of all the pain and waiting I guess.

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Originally Posted by codesmith

I was wondering : What's the usefulness of EAD and AP after receiving GC.
Does one need to surrender ead and ap ?

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Originally Posted by imdeng

FPs have now gone out until Feb-15 RD. EADs are out until Feb-07 RD but mostly until Feb-02-03 RD. I was hoping to get my EAD today but no luck. It is infuriating how slow NSC is compared to TSC.

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Hi Imdeng,

We (My self & Wife) are not recived FP notice/EAD/AP as of today from NSC.

PD: 02/26/2009 RD : 02/03/2012, ND: 02/08/2012: NRD: 02/14/2012.
I already open SR asked to wait 15 more days from 03/19.

Same with my neighbour except his RD:02/08/2012 PD: 02/25/2009

We live in Bay Area (CA).

I think it is just a matter of couple days for you guys. They are issuing EAD to Feb 1/2/3 RD for last 2-3 days as per trackitt. Just today couple applicants with 02/01 RD got EADs issued.

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Originally Posted by bhala5

Hi Imdeng,

We (My self & Wife) are not recived FP notice/EAD/AP as of today from NSC.

PD: 02/26/2009 RD : 02/03/2012, ND: 02/08/2012: NRD: 02/14/2012.
I already open SR asked to wait 15 more days from 03/19.

Same with my neighbour except his RD:02/08/2012 PD: 02/25/2009

We live in Bay Area (CA).

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What is the source of this information? My PD is 9/19/07 :-(

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Originally Posted by JJGCJML

NewsFlash! DOS Confirms Lack of Enough EB2 India / China Visa Numbers Posted 29.Mar.2012

The Department of State (DOS) provided the Murthy Law Firm with confirmation today that, effective March 23, 2012, the EB2 cutoff date has been retrogressed internally to August 15, 2007. This means that the USCIS will not be able to approve further EB2 I-485 cases with priority dates that fall on or after August 15, 2007 at this time. Theses cases can be processed, but not approved, without visa numbers available.

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Never mind, i saw this on murhtydotcom as well. Any idea on when more visa numbers will be available?

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Originally Posted by Sandeep2011

What is the source of this information? My PD is 9/19/07 :-(

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Guys ,

Dec 07 PD EB2 Ind . Utterly disappointed . Hoping to get GC in april and I missed it .

Dont know when .

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Originally Posted by Sandeep2011

Never mind, i saw this on murhtydotcom as well. Any idea on when more visa numbers will be available?

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Most likely in October . But they need to move dates slowly I guess .

I applied for 485 for both me and my wife on DEC 1st ( Priority date Jan 10 2008). My GC is approved on Feb 28th and my wife's 485 is still pending. Since the dates are retrogressed to Aug 15 2007 what will happen to her 485 application ?

if i need to change jobs Do i need to wait until her 485 is approved ?

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Originally Posted by Sandeep2011

Never mind, i saw this on murhtydotcom as well. Any idea on when more visa numbers will be available?

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Originally Posted by Eb2_Dec07

Most likely in October . But they need to move dates slowly I guess .

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Likely July / August

Question to all Jan Filers:

I had received my EAD/AP combo card in the 1st week of March but haven't received my EAD & AP paper approval copies yet.

Is there anyone who hasn't received it yet?

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Originally Posted by ravisekhar

I applied for 485 for both me and my wife on DEC 1st ( Priority date Jan 10 2008). My GC is approved on Feb 28th and my wife's 485 is still pending. Since the dates are retrogressed to Aug 15 2007 what will happen to her 485 application ?

if i need to change jobs Do i need to wait until her 485 is approved ?

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This is an ODD situation. When your 485 get approved Your H1 is Over and her H4 also. Unless her 485 is approved or RFE issues she si out of status. COnsult your attorney. MOstly her 485 is approved, but not showing the status...

VizCard,

Why do you think it will be July august. As far as i know there wont be any spill over this year and they have exhausted this years quota. It would be good to know if there is any other reason.

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Originally Posted by JJGCJML

VizCard,

Why do you think it will be July august. As far as i know there wont be any spill over this year and they have exhausted this years quota. It would be good to know if there is any other reason.

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Theres no way they know how much SOFAD will happen this year at this point in time and I mean REAL numbers as opposed to forecasts. So they will wait until Q4 to really get a sense of SOFAD. The calculations by the gurus indicate that we will land in Q1 2008. Since we are not there yet, I assume there is still SOFAD left.

The status thing comes into play only till an application is filed with USCIS and as long as the case is pending, there wont be any out of status issue.
Also mostly dependents cases were approved along or with in few days. There is no reason to reject a dependent (unless fraudulent marriage etc) when primary is approved.

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Originally Posted by ravisekhar

I applied for 485 for both me and my wife on DEC 1st ( Priority date Jan 10 2008). My GC is approved on Feb 28th and my wife's 485 is still pending. Since the dates are retrogressed to Aug 15 2007 what will happen to her 485 application ?

if i need to change jobs Do i need to wait until her 485 is approved ?

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Just got 2 SMSs & status updated online as well that EAD card production has been ordered for spouse(primary) and me :) Happy as can be for now :P ..
Best of luck all espc Imdeng and Pandit Arjun ...

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Originally Posted by ss2009

Just got 2 SMSs & status updated online as well that EAD card production has been ordered for spouse(primary) and me :) Happy as can be for now :P ..
Best of luck all espc Imdeng and Pandit Arjun ...

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Congrats Buddy, Thats the best Thing you can get as of NOW!!! I am still waiting...

Congratulations Man. I have the same RD and I have been waiting for EAD every day. I guess today is done. Hope it happens soon.

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Originally Posted by ss2009

Just got 2 SMSs & status updated online as well that EAD card production has been ordered for spouse(primary) and me :) Happy as can be for now :P ..
Best of luck all espc Imdeng and Pandit Arjun ...

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Hello Vizcard, Kanmani and others,

Can you please respond to my below query?

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Originally Posted by venkat

Question to all Jan Filers:

I had received my EAD/AP combo card in the 1st week of March but haven't received my EAD & AP paper approval copies yet.

Is there anyone who hasn't received it yet?

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Thanks Imdeng & JJGCJML....
I feel sure that you would also get the same news by next week...

However, given that its only the EAD CPO message and not AP I am slightly worried..Is it normal for the 2 (EAD & AP) to be approved on 2 separate days???

Thanks Kanmani. The information was helpful - i was able to get through to speak to a rep in about 25 seconds. But the news I got was not good.

According to the Rep the EAD paper approval copy was sent along with the EAD card (but as a separate mail - regular mail). Similarly AP paper approval copy was sent thru Regular mail on 3/3.

The thing is i received the card but not sure how all 4 approval copies (2 for my EAD and AP, 2 for my wife) got lost.

I'd received receipt notices, fp appointment notice without any issues...Really surprising....I've not changed addresses too

Can anyone think of something else?

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Originally Posted by Kanmani

Venkat
We received the approval notice 10 days later. I recommend you to call the customer service. If this is the first time you can follow this short cut otherwise ignore.

Call 1-800-375-5283;
Press 1 to continue in English;
Press 1 for immigration services;
Press 1 to check the status of an application;
Press 2 if you don't know your receipt number;
Press 2 to connect to a USCIS representative;

In my opinion speaking with L1 is a waste, they speak like worn out cassette tape.

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Originally Posted by venkat

Thanks Kanmani. The information was helpful - i was able to get through to speak to a rep in about 25 seconds. But the news I got was not good.

According to the Rep the EAD paper approval copy was sent along with the EAD card (but as a separate mail - regular mail). Similarly AP paper approval copy was sent thru Regular mail on 3/3.

The thing is i received the card but not sure how all 4 approval copies (2 for my EAD and AP, 2 for my wife) got lost.

I'd received receipt notices, fp appointment notice without any issues...Really surprising....I've not changed addresses too

Can anyone think of something else?

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The most obvious reason could be, it was put in someone elses mailbox. I would try to get a duplicate. I know you can but don't know the process. Perhaps the customer service chaps can help with that.

Ps: just noticed I'm a "yoda" :). So ... "faith in the system, you must have"

EAD/AP card received

Just wanted to update that I have physically received my EAD/AP card in hand today :).

This puts an end to nearly a year of uncertainty and anxiety. Last year, around this time, my most-recent employer announced they will be shuttering local offices by March 31st 2012. I was in a peculiar situation where most-recent employer had gotten 1 year extension to the H1B based off previous employer's PERM filing (I had not waited at previous employer till I-140 was approved). The most-current employer did not file PERM on time because of which futher extension of H1B was not possible. I was facing the prospects of having to leave my family and US and work in India for a year before coming back on fresh H1B. I was getting ready to leave in February to join an employer in India and resigned from my most-current employer, but Jan bulletin was a relief where wife got current and we were able to file I-485. For us, getting EAD/AP was more important than the Green card itself. I want to express my heart-felt thanks to all the members in the excellent community. While not a contributor by any measure, I have been an avid reader since the last 4 months and information gleaned from here has helped us make the right decisions. Again, thanks to all members of the community. I shall go back to lurk mode now.

Ramchand

PS: I was also offered a position in another company today where I start in 2 weeks. Bhagwaan deta hai to Chhappar faad ke deta hai :)

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Originally Posted by ramchand

EAD/AP card received

Just wanted to update that I have physically received my EAD/AP card in hand today :).

This puts an end to nearly a year of uncertainty and anxiety. Last year, around this time, my most-recent employer announced they will be shuttering local offices by March 31st 2012. I was in a peculiar situation where most-recent employer had gotten 1 year extension to the H1B based off previous employer's PERM filing (I had not waited at previous employer till I-140 was approved). The most-current employer did not file PERM on time because of which futher extension of H1B was not possible. I was facing the prospects of having to leave my family and US and work in India for a year before coming back on fresh H1B. I was getting ready to leave in February to join an employer in India and resigned from my most-current employer, but Jan bulletin was a relief where wife got current and we were able to file I-485. For us, getting EAD/AP was more important than the Green card itself. I want to express my heart-felt thanks to all the members in the excellent community. While not a contributor by any measure, I have been an avid reader since the last 4 months and information gleaned from here has helped us make the right decisions. Again, thanks to all members of the community. I shall go back to lurk mode now.

Ramchand

PS: I was also offered a position in another company today where I start in 2 weeks. Bhagwaan deta hai to Chhappar faad ke deta hai :)

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Congrats! Just one thing...check with your lawyers at your new company. You may need to refile parts of your 485 IF you are the primary. Good luck in your new job.

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Originally Posted by vizcard

Congrats! Just one thing...check with your lawyers at your new company. You may need to refile parts of your 485 IF you are the primary. Good luck in your new job.

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Thanks Vizcard, Wife is the primary. I am on H4. I believe I wouldnt need to amend /refile parts of my 485?

Congrats, Ramchand! I bet you must be thrilled....kinda last ball of the match and you need a four runs to win...aur ye laga mauke pe chauka.. enjoy!
Since you're secondary I don't think you need any amendments

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Originally Posted by ramchand

EAD/AP card received

Just wanted to update that I have physically received my EAD/AP card in hand today :).

Ramchand

PS: I was also offered a position in another company today where I start in 2 weeks. Bhagwaan deta hai to Chhappar faad ke deta hai :)

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I received my physical EAD card and I got an email that my wife's EAD is approved as well. When I verified my EAD card found that the card has my details but it has my wife's photograph and her signature.

It looks like I need to return the card and file the EAD/AP form without fees. Can some one confirm it?

Also if I file this does any one know how long it will take to get an EAD.

I appreciate your help. Looks like our friends in USCIS are quite busy :)

Guys, My PERM application indicated that my job title since June 2008 was Software Engineer, but the I-140 application indicated that the job title has continuously been Product Manager.

I got EAD card this week. If I want to switch jobs after 6 months and invoke AC 21, will I have to go back to the PERM title or can the title be the one mentioned on i-140?

I hope I can take the latter title because I have not touched software development since Dec 2008 and am kind of out of place in that.

self coach,

I am 90% confident that once you have an approved I-140, that's your bible. You don't refer to PERM again.

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Originally Posted by self.coach

Guys, My PERM application indicated that my job title since June 2008 was Software Engineer, but the I-140 application indicated that the job title has continuously been Product Manager.

I got EAD card this week. If I want to switch jobs after 6 months and invoke AC 21, will I have to go back to the PERM title or can the title be the one mentioned on i-140?

I hope I can take the latter title because I have not touched software development since Dec 2008 and am kind of out of place in that.

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Hi Teddy and other experts:

As per the below law, they cannot use more than 27% of the visa numbers in ONE quarter of the FY:

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Immigration and Nationality Act Section 201(a)(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year

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So, can we safely conclude that they have not used MORE than 54% of the visa numbers for EB2I/C for the FY? Does that mean we can see some approvals for EB2I/C in April?