Without using any logic and just going by empirical observations from various immigration forums, I think the visa bulletin will be released tomorrow and dates will be moved by at least 9 months.
Without using any logic and just going by empirical observations from various immigration forums, I think the visa bulletin will be released tomorrow and dates will be moved by at least 9 months.
Guys, Need some advice and appreciate if someone can help me out here.
Sequence of facts in my case:
1) Last H1 (4th yr only) was expring 7th Oct 2010, extension request received by USCIS on Aug 29th 2010
2) PD of May 2009 became current in Feb Bulletin. Started working with the attorney to put the 485 application together.
3) Received RFE to H1 day before yesterday - its 4 pages long and its a pretty tough one to answer. I work for a desi consulting and USCIS is questioning pretty much everything (employee employer relationship, future emplyment plans and the whole 9 yards) . Have a good comopany attorney who didn't think it was "that bad" but I have my doubts for now atleast.
4) Attorney was supposed to send out the 485 package yesterday or latest by today.
My questions are:
1) What happens if my H1 is rejected but I get my EAD before that? i.e. can I keep working as I am purely on the basis of EAD issued now - Technically if my H1 is rejected then I would have had no status since Oct 7th 2010.
2) Does my 485 remain valid although the underlying visa has been denied before 485 approval?
Appreciate if someone can answer the above. I do realise that this is not the most appropriate thread and do apologise in advance for the same.
Thanks
Don't mean to be rude, but by predicting "At least 9 months" you are making folks with PDs beyond 10/01/2010 nervous, unnecessarily..Originally Posted by harapatta
Are you sure the H1 extension petition is pending for 1 1/2 years ?
What is your RFE Respond time permitted?
I have absolutely no intentions to make anybody nervous, as a free forum I am sharing my observations/Prediction.
I have also received similar rfe last year.
Don't worry much about long RFE regarding employee-employer relation. That is there (USCIS) standard draft which they send to most of H1B extension applications. Provide whatever documents are available to you and your H1B will be extended. They send this rfe even if you have submitted all document in initial package of H1B extension.
My questions are:
1) What happens if my H1 is rejected but I get my EAD before that? i.e. can I keep working as I am purely on the basis of EAD issued now - Technically if my H1 is rejected then I would have had no status since Oct 7th 2010 - You can start working on EAD as soon as your get it with current employer and after six month with any employer (but don't forget to file AC21 at the time of changing employer).
2) Does my 485 remain valid although the underlying visa has been denied before 485 approval? - I am not sure about this but as per my understanding if you start using EAD than your H1 extension approval/denial doesn't matter as you are not in H1B status any more.
Last edited by username; 02-01-2012 at 11:24 AM.
[I]EB3 PD: Dec/21/2007
EB2 PD: April/01/2009
Center : TSC
485 MD: Nov/30/2011 (with lawyer covering letter requesting to convert/interfile/port with EB3 priority date to EB2 category)
485 RD: Dec/1/2011. 485 ND: Dec/13/2011
FP Walk in Done: Dec/27/2011. (FP App. Date: Jan/18/2011)
EAD/AP: Feb/10/2012
On June/22/2008 USCIS issued new (notice of approval) I140 with EB2 category and PD Dec/21/2007
GC: Aug/19/2013
Kanmani,
Thanks for responding and pointing out; I meant to say 29th Aug 2011. The RFE respond time is till 19th April 2012.
Username,
Thanks for the reassuring words. The thing that is bothering me is that if my H1 gets rejected, eventhough I will receive an EAD based on my AOS application, the underlying visa for the employment based AOS would be rejected which would leave me without status since Oct 7 2011 till the time I get my EAD. In this case does the USCIS take offence and reject my 485 or is this something they wont care about.
Hi,
i think you have couple of options. like you can respond back to the RFE by 15th of April or so...by then, you should be getting your EAD/AP. after that point anyway you are planning to work on EAD.
Incase you dont get EAD by the time you repond to your RFE or incase your H1b gets rejected also. you can stay in USA ( on assumption that you will have i-485 reciept no by then) as you are 485 is in process. only things then,is you cant work till you get your EAD.
first make sure your attorney files your 485 at the earliest and you get EAD/AP soon as everyone are getting.
Good to know that its Aug 2011.
As per our attorney there is no known case of denial of I-485 with respect to H1b denial of the applicant . ( I asked the same question to our attorney some time back)
Try to delay your RFE response by a month so that you can switch to EAD before if there is any potential denial .
NOTE: Dont take it as a legal advice, I am not an attorney.
Last edited by Kanmani; 02-01-2012 at 07:37 PM.
Mesan, Kanmani,
Thanks. I do intend to delay the response to RFE as late as possible and hopefully will have the EAD in a few weeks.... do remember seeing on Trackitt (Texas SC) that they are sending out the aproval emails for EAD in 4-5 weeks. I was able to confirm from my attorney that they sent out the application yesterday so hopefully it would be received today or tomorrow.
A followup question is how long does it take to get a receipt? The paralegal said it takes about 2 months but I do see on trackitt people have receipt numbers that they are using to track for 765 & 131 after having filed earlier this month. I know for H1's you can get the receipt number on the image of the back of the check cashed by USCIS if your bank provides that service. Does it work the same way with 485 too or is there some other way to do this? Does anyone know?
Thanks
Last edited by Kanmani; 02-01-2012 at 07:37 PM.
I have not seen anything that says receipt of a 485/765 or 131 taking 2 months. It may take 2 weeks (if that) but 2 months is just stupid. You will most likely get EAD in 2 months.
You should get receipt notices in two weeks. The checks are cashed using ACH so check image is not captured. It will come as a debit in your account. Lawyers tend to be conservative when they give out any timelines, also they dont want clients bothering them often so they give a conservative time and before that timeline usually you will get the update.
Vizcard, Goforgreen,
Thanks for the response. One of my colleagues confirmed what you guys have stated above. Appreciate the help from all of you.
Hello Gurus,
My I-485 was filed a week ago (PD Aug, 2008). I have job position available within the copmany at a different location which i am kind of interested. If i have to change my job location at this stage, should my employer file amended LCA?
We may not see demand data this time
but it seems March bulletin will push the dates to atleast till July 1, 2010 (may be till Jan1, 2011)
ChampU, no matter what date we predict (other than C), there will be frds at other side of that date
one guy in trackitt posted this....dont know how correct that is ...
"
One of my friend received NVC fee notification and his priority date is feb18th 2011. That means EB2 pd will move to till may 2011 in March bulletin. Guys every one ready with your doc's."
Can you share link please?
how does these fee notifications get sent out? my lawyer put me down as consular processing (which is fine, as i can always do AoS) and my PD is Sep 2010. No fee notifications for me so far...
I agree, that there is bound to be heartbreak for some in any situation.
A prediction is valuable if it is backed by some data, some analysis, some credible source. Pulling numbers and dates out of thin air just based on "gut feelings" is unnecessary, imho.
But then, this is a free forum, where everyone agrees to disagree. Its all good..
here is the link....you can find post from user "aabbccdd"...
http://www.trackitt.com/usa-discussi...page/last_page
i dont know exactly vishu...i just posted what i found in trackitt...i dont how correct this guy is also..but i just hope he is correct( so that i can think i will be current in next few months....i am also feb 2011 filer)
The trackitt user aabbccdd has posted only once! So veryyyy skeptical. Anyway, if it is true, then great for all of us... but lets remain cautious
I would be skeptical of it. Someone said April, then some one talked of exact Jun 30th and now we are hearing Feb 11. We need more confirmation cases to conclude...
this was that guys(aabbccdd) reply....as its not his direct friend....cant take it in count i think....
"
He is from India and he is friend of my colleague. Hopefully this is true. But keeping my fingers cross. Even though they send fee notification some times they don't move priority dates. But seeing recent PD jums in each bulletin i'm predicting that dates will jump to May 2011 in March bulletin.
Hopefully we get March bulletin by next Tuesday."
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