EB2-3 Predictions (Rather Calculations) 2015-2020

[nbk1976]

EAD approved but AP denied:
I was checking the status of the EAD/AP for my wife and I online. If says that the EAD card is being produced but AP had been denied on Friday. It may take a week to get the notice my mail. Any idea on why this could have happened. Our EAD/AP cards expire in September 2018 and we applied back in March. We were Visiting India for 3 weeks the first part of July , back in US by the end of 3rd week .

Has anyone been through this and any pointers and what we need do next. I will reach out to my lawyers too
Thanks.

It's likely you have applied too early. You can apply no earlier than 120 days from the expiry. They were lenient with the EAD since it is important for you to work, but AP was denied.

Or it could just be that you made a mistake on the AP form and needs correction. Do you keep copies of your filled application before mailing them? You should do that. If you do, please check them--or just wait for the letter from the CIS.

[imdeng]

EAD approved but AP denied:
I was checking the status of the EAD/AP for my wife and I online. If says that the EAD card is being produced but AP had been denied on Friday. It may take a week to get the notice my mail. Any idea on why this could have happened. Our EAD/AP cards expire in September 2018 and we applied back in March. We were Visiting India for 3 weeks the first part of July , back in US by the end of 3rd week .

Has anyone been through this and any pointers and what we need do next. I will reach out to my lawyers too
Thanks.

This is straightforward - if you travel out of country when AP renewal is pending, then the AP application is denied. Its a stupid but well documented rule. Simple Googling will give you many examples, lawyer posts etc. Its a non-issue though - you can reapply just for AP and make sure to not travel outside the country while the renewal is pending.

[nbk1976]

This is straightforward - if you travel out of country when AP renewal is pending, then the AP application is denied. Its a stupid but well documented rule. Simple Googling will give you many examples, lawyer posts etc. Its a non-issue though - you can reapply just for AP and make sure to not travel outside the country while the renewal is pending.

But they were presumably traveling on an approved AP that hadn't expired. They are allowed to renew before the expiration---but it looks as if they have applied way too early.

[altek001]

Visa Bulletin of Sept'18 looks cooked up and very fishy. Look at the horizantal sequence.

EB2 for all countries, except india is 01-JAN-13
EB3 for all countries, except india and china is 01-NOV-16

[nbk1976]

Visa Bulletin of Sept'18 looks cooked up and very fishy. Look at the horizantal sequence.

EB2 for all countries, except india is 01-JAN-13
EB3 for all countries, except india and china is 01-NOV-16

Did India EB-2 retrogress to Jan 2007?!! Does that mean, India EB-2 hasn't fully cleared 2007 and 2008? This makes no sense to me.

Or do they expect many EB3s in 2007 and 2008 will port to EB2?

[imdeng]

But they were presumably traveling on an approved AP that hadn't expired. They are allowed to renew before the expiration---but it looks as if they have applied way too early.

No - this is well documented - if you travel while the AP renewal is pending, then the renewal application is considered abandoned and hence rejected. The validity of current AP is not consequential.

https://www.cilawgroup.com/news/2017...tional-travel/

[incredible]

No - this is well documented - if you travel while the AP renewal is pending, then the renewal application is considered abandoned and hence rejected. The validity of current AP is not consequential.

https://www.cilawgroup.com/news/2017...tional-travel/

This is correct statement. I have been on EAD/AP for close to 5 years now. Every time we file EAD/AP, our attorney strongly suggests us not to travel till we get the AP approval (even if the existing AP is valid). Also every time we apply 6 months in advance, except for this time. We applied in March (September was the expiry date), and while EAD application was accepted, the AP application was not accepted and Attorney has to file it independently in May. We got AP first in June and EAD later in end of July.

[idliman]

We applied in March (September was the expiry date), and while EAD application was accepted, the AP application was not accepted and Attorney has to file it independently in May. We got AP first in June and EAD later in end of July.

For the benefit of all people, could you elaborate on why AP was not accepted (i.e., receipt notice not issued for I-131)?

Item 3d of I-131 instruction says

If you depart from the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned.

So they will reject all pending I-131 if you travel outside while your application is pending approval.

[arc1202]

You will have 90 days from the date of RFE issue. Get your documents together, do medicals when your wife is back and send then. No need to rush back.

Thanks a lot imdeng. Appreciate your response.

[incredible]

For the benefit of all people, could you elaborate on why AP was not accepted (i.e., receipt notice not issued for I-131)?

Item 3d of I-131 instruction says
So they will reject all pending I-131 if you travel outside while your application is pending approval.

AP was not accepted because it was 6 months prior to the expiry of the existing AP. AP can only be extended when it is 4 months due before expiration. This was always the case, but was not strictly followed in the past. Earlier (prior to this year), we used to file EAD/AP together 6 months prior to the expiry and always was approved. But nowadays USCIS is very strict on following the 6 months prior for EAD and 4 months prior for AP (prior to expiration dates).

Not accepted in the sense, no receipt notice is issued and the application was returned back. Here is the note from our Attorney on this

"Unfortunately, USCIS has returned the I-131 travel applications. I cannot resubmit those until within 120 days of expiration date of current travel document.
USCIS will normally accept the work and travel together, keeping them together, even though the difference of 180 days out filing I-765; 120 days out filing I-131. No issues, better to keep them as a set.
However, not for yours this time. USCIS is sticking to their timeline, without allowing the early filing to keep it connected with the work application".

The only dis-advantage I see with this is, while EAD was approved for 2 years (till 2020), the AP was only approved for one year and we need to file it again next year.

[tenyearsgone]

The only dis-advantage I see with this is, while EAD was approved for 2 years (till 2020), the AP was only approved for one year and we need to file it again next year.

Unfortunately, that also means that every year there's a window where you cannot travel out of the country. Every "inconvenience" is just piling on the misery.

BTW, I filed my EAD and AP without considering the differing timeline and as of now the applications have been accepted 180-days prior. Hoping they will both be approved.

[vyruss]

This is probably true but largely depends on the whims of the person handling your case. My wife and I applied for EAD/AP extension at the same time. She got the combo card valid for two years, but I got the EAD for two years and a separate AP approval for one year on paper. More and more people are just getting one year extensions on AP.

AP was not accepted because it was 6 months prior to the expiry of the existing AP. AP can only be extended when it is 4 months due before expiration. This was always the case, but was not strictly followed in the past. Earlier (prior to this year), we used to file EAD/AP together 6 months prior to the expiry and always was approved. But nowadays USCIS is very strict on following the 6 months prior for EAD and 4 months prior for AP (prior to expiration dates).

Not accepted in the sense, no receipt notice is issued and the application was returned back. Here is the note from our Attorney on this

"Unfortunately, USCIS has returned the I-131 travel applications. I cannot resubmit those until within 120 days of expiration date of current travel document.
USCIS will normally accept the work and travel together, keeping them together, even though the difference of 180 days out filing I-765; 120 days out filing I-131. No issues, better to keep them as a set.
However, not for yours this time. USCIS is sticking to their timeline, without allowing the early filing to keep it connected with the work application".

The only dis-advantage I see with this is, while EAD was approved for 2 years (till 2020), the AP was only approved for one year and we need to file it again next year.

[incredible]

This is probably true but largely depends on the whims of the person handling your case. My wife and I applied for EAD/AP extension at the same time. She got the combo card valid for two years, but I got the EAD for two years and a separate AP approval for one year on paper. More and more people are just getting one year extensions on AP.

I absolutely agree, it all depends on the person who reviews the documents. Now I need to file again in Feb of 2019 a new AP.

[altek001]

HR392 finally gets some Media Attention.

http://dailycaller.com/2018/08/13/ir...rican-twitter/

https://nypost.com/2018/08/14/irania...trolls-online/

[idliman]

incredible: Thanks for your detailed Response.

Use the "Ask Emma" tool in USCIS website.
Q: How early can I apply for renewal of EAD Combo card ?
Emma: To renew a work authorization and advance parole combo card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, concurrently, and at least 180 days before the combo card is due to expire. For additional information on how to renew your combo EAD/AP card please access the links provided. View Page

Emma Sends you to the following page:
https://www.uscis.gov/forms/filing-d...cation-pending

The verbiage in that page is

If Form I-485 has already been filed and Forms I-765 and I-131 are being filed together, use Form I-765 filing location instructions.

I-765 already states 180 days. However the wording is "use I-765 filing location instructions". Again ambiguous. Why can't they just say "use Form I-765 filing location and instructions."

[bluelabel]

This morning we received 2 emails from DHS case status website stating that "We have taken an action your case". when i logged in to check the website for my cases, it's RFE on mine and wife's I-485. Our priority date is 03/02/2010 and it's surprising that we received an RFE when dates are retrogressed in Sep VB. This is our first RFE after filing I-485s in 2012 at NSC, Never changed jobs after filing I-485. Not sure if it's for medical report and supplement J.

No updates on regular USCIS case status website, it still says "Fingerprint Fee Was Received".

[idliman]

bluelabel: I am in the last week of Nov 2009 and have not received RFE (yet?). Some people after 15MAR2009 have received a RFE. I am trying to figure out if there is any real reason behind these RFE's. In my opinion at the most EB2I will probably reach Sep 2009 in one year (by OCT2019). I don't understand late 2009 and early 2010 EB2I's getting RFE's.

[Moveon]

We got the letter for the AP denial . Says that it was denied due to travel during the renewal period. If APs need to be renewed every year , then you cannot travel for 4-5 months a year. Very unfortunate especially if you have a family emergency.

[newyorker123]

We got the letter for the AP denial . Says that it was denied due to travel during the renewal period. If APs need to be renewed every year , then you cannot travel for 4-5 months a year. Very unfortunate especially if you have a family emergency.

I am trying to understand this better. IMO you still can travel in an emergency, only thing is that you need to file for AP again after you come back (if AP is denied). Now if there is a "second" emergency, your prior AP might have expired, and you cannot travel until second AP is approved. Is my understanding correct ?

[srimurthy]

I am trying to understand this better. IMO you still can travel in an emergency, only thing is that you need to file for AP again after you come back (if AP is denied). Now if there is a "second" emergency, your prior AP might have expired, and you cannot travel until second AP is approved. Is my understanding correct ?

Just out of curiosity, what happens if a 485 is filed and if we travel without a valid AP (expired or not having an approved one)?

[newyorker123]

@srimurthy, I am guessing if you are using your EAD status to work, and you don't have a valid AP, you might not be allowed to enter US. Its a pure guess. Am I correct, anyone?

[tenyearsgone]

Just out of curiosity, what happens if a 485 is filed and if we travel without a valid AP (expired or not having an approved one)?

I believe USCIS considers the I485 to be abandoned and without a valid AP you cannot re-enter the US. You can travel without issues if you have another valid visa status though (H1/H4 etc) and the I485 will not be abandoned.

[As always, please check with an attorney. The above is only my opinion.]

[incredible]

I believe USCIS considers the I485 to be abandoned and without a valid AP you cannot re-enter the US. You can travel without issues if you have another valid visa status though (H1/H4 etc) and the I485 will not be abandoned.

[As always, please check with an attorney. The above is only my opinion.]

This is correct. This will create issue in I485 itself as it would be deemed abandoned.

[newyorker123]

Oppenheimer on October 2018 VB : https://www.murthy.com/2018/08/15/se...ions-for-fy19/

[srimurthy]

This is correct. This will create issue in I485 itself as it would be deemed abandoned.

Thanks for the info, so correct me if my understanding is right that we have to keep renewing AP even if we don't travel until the GC is approved.