EB2 Predictions (Rather Calculations) - 2012

[ChampU]

Champu bhai

This was discussed sometime ago in the Post 485 thread. Your information is right that in the I-94 one gets labelled as Parolee for travel purpose only. Using your AP will not cancel your H1.

You can continue to work for your employer using your H1. Untill and unless you specifically ask for the switch to EAD and use that for working on EAD, you will continue to be on H1.

Google specifically for the Cronin memo.If you come back to work for the same employer you will not lose your H1.If you switch employers after using AP to enter you will have to use EAD and then having done the switch to EAD you will lose H1....

Nice..... What about dependents?

My wife is on H1 (fulltime position, different employer) and she is the dependent on my GC application.
She came the the US on a H4 after our wedding. Her H1 petition from a desi consulting firm was approved in Oct. 2009. In March 2011, she transferred to her H1B current employer. She hasn't been out of the US since 2009 and the last visa stamped on her passport is H4.

1. Does the same logic apply to her as well? ( you do not lose your H1 status if you continue to work for the same employer, even if her employer has nothing to do with my AOS application?)
2. My case is pretty straightforward.. US Masters -> Seven+ years with same employer.. Her case is a bit twisted, she was here with an Indian IT Corp. on H1 in 2006.. then went back.. came back on H4.. and then has 2 different H1s.. Would that affect the processing time for our applications?

[indiasunil]

Hi All, Just my case Status Update

P.Date - 01/15/08
R.Date - 12/16/11
N.Date - 12/21/11
N.R.Dt - 01/04/12
EAD/AP Shipped - 02/06/12
FP Appnt - 01/25/12 (As per FP Date-Not Walk-in)

Thanks,
Sunil.

[ChampU]

What happens on the 485 dependent case?
Say my dependent has had H1 from a different employer before she got EAD/AP. Just the apporoval. No stamping on passport.
Now if the dependent enters using the AP (easy way back in), does it mean the h1 is not valid from that point? Or can he/she continue to be on the H1?

Our brains are operating on the same frequency..

[qesehmk]

Alright guys .... too much confusion over AP. Here is what I understand.

Yes leaving country while on 485 pending is dangerous since it can be seen as abandonment of 485. However this is a risk as opposed to a certainty of 485 cancellation. That is why one should have AP.
Having said that, I personally have used H1 to travel and come back. When entering us they will stamp you H1/AOS pending. You will carry dual status H1/AOS pending regardless what the IO stamped you. Ok?

Now as per the central question of whether one can go on H1/H4 and come back. The answer is absolute yes. However there is a risk there that USCIS may see this as abandonment of GC. With all the anti-immigrant sentiment and raw economy ...... YOU DO NOT WANT TO TAKE THAT RISK.

Hope this settles the discussion.

[gcseeker]

Nice..... What about dependents?

My wife is on H1 (fulltime position, different employer) and she is the dependent on my GC application.
She came the the US on a H4 after our wedding. Her H1 petition from a desi consulting firm was approved in Oct. 2009. In March 2011, she transferred to her H1B current employer. She hasn't been out of the US since 2009 and the last visa stamped on her passport is H4.

1. Does the same logic apply to her as well? ( you do not lose your H1 status if you continue to work for the same employer, even if her employer has nothing to do with my AOS application?)
2. My case is pretty straightforward.. US Masters -> Seven+ years with same employer.. Her case is a bit twisted, she was here with an Indian IT Corp. on H1 in 2006.. then went back.. came back on H4.. and then has 2 different H1s.. Would that affect the processing time for our applications?

Champu bhai

Again please take the below advice with a pinch of salt. Senior members could correct the below if anything has been wrongly intrepreted by me.

1.AP is purely for travel purposes. In fact according to the requirements.You do not need anything more than AP/Passport for travel. Your spouse using AP will only mark her as parolee as far as entry to the country is concerned.It will not cancel her H1.
She can go back to work for the employer that sponsored her H1.

2.I beleive it would have an impact on the processing time of the application ..though the silver lining would be ,since your case is straightforward and she being the benefactor of your application might not take too long as well.

[Spectator]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article and in this USCIS document (Question 26 and Addendum V).

[ChampU]

Champu bhai

Again please take the below advice with a pinch of salt. Senior members could correct the below if anything has been wrongly intrepreted by me.

1.AP is purely for travel purposes. In fact according to the requirements.You do not need anything more than AP/Passport for travel. Your spouse using AP will only mark her as parolee as far as entry to the country is concerned.It will not cancel her H1.
She can go back to work for the employer that sponsored her H1.

2.I beleive it would have an impact on the processing time of the application ..though the silver lining would be ,since your case is straightforward and she being the benefactor of your application might not take too long as well.

Thank you, Vijay Dinanath Chauhan.. !!!

[ChampU]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive.

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article and in this USCIS document (Question 26 and Addendum V).

Spec.. you are a man of multiple hats.. Your data analysis makes me think of you as a star "Wall Street Analyst".. but your posts are so legally sound (e.g. covered in this Murthy article and in this USCIS document (Question 26 and Addendum V) that it makes me feel you are a partner in some law firm..

You rock, Dude!

[ChampU]

Alright guys .... too much confusion over AP. Here is what I understand.

YOU DO NOT WANT TO TAKE THAT RISK.

Hope this settles the discussion.

Point taken, Q!!

[funnysummer2005]

Brilliant!!

Thanks!

the ap is not abandoned if you leave while it is pending, but were maintaining h or l status at the time you depart and then return using a valid h or l visa. Once the ap is approved and you are in the usa after approval, it can then be used for subsequent travel.

If you return using a valid ap, you will be a parolee, evidenced by the i-94 you receive. You cannot hold "dual status".

You will not be in h1b status, but under a legacy uscis memo (the cronin memo), you may continue to use the employment authorization element of your valid h1b petition as long as you return and continue to work for the h1b employer. It does not alter the fact that you are a parolee, but does mean you do not have to use a separate ead.

A subsequent extension or amendment of the h1b petition will return you to h1b status, or you have the option to leave the usa and return using a valid h1b visa.

The points above are covered in this murthy article and in this uscis document (question 26 and addendum v).

[Spectator]

When I checked on Trackitt it shows 126 caes for Feb VB. (against 98 you have mentioned here). So there are many duplicates I assume?

suninphx,

Possibly we are using slightly different criteria to query Trackitt. I don't think I have removed any duplicates for February, but I haven't checked for them since February began.

When I last looked, February VB cases had increased to 117, so it is also very dynamic.

Hopefully, in the big scheme of things, the difference is not significant.

[Spectator]

Spec.. you are a man of multiple hats.. Your data analysis makes me think of you as a star "Wall Street Analyst".. but your posts are so legally sound (e.g. covered in this Murthy article and in this USCIS document (Question 26 and Addendum V) that it makes me feel you are a partner in some law firm..

You rock, Dude!

ChampU,

Thanks for the compliment.

I am just a "man of mystery". I'd love the salary of a Wall St Analyst, star or not. , or a lawyer for that matter.

[fedupwithgc]

Here is a link to Ron's comments on AP and H1B Travel.
http://www.immigration-information.c...ad.php?t=16185

[mrdeeds]

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article and in this USCIS document (Question 26 and Addendum V).

Spec, I second Champu's compliments. You write with great clarity!

So a followup, if one travels after AP has been applied but not approved, is it considered abandoned? If not, can one enter US once it's approved? This all pertains to the hypothetical scenario that one's H1 is denied or gets 221. I see that in the link posted above, Ron addresses this and it seems that his view is that AP is not abandoned. I have heard conflicting views on it though.

[akzach]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

[gcseeker]

Spec, I second Champu's compliments. You write with great clarity!

So a followup, if one travels after AP has been applied but not approved, is it considered abandoned? If not, can one enter US once it's approved? This all pertains to the hypothetical scenario that one's H1 is denied or gets 221. I see that in the link posted above, Ron addresses this and it seems that his view is that AP is not abandoned. I have heard conflicting views on it though.

Mrdeeds

I can comment on this since am faced with an similar situation .One cannot use the AP if one does not have it one's possession while leaving the country.Even if you get the approval email and leave the country ,was told by my Lawer that you cannot use it untill and unless you receive the physical card before leaving the country.

AP is not considered abandoned.There is a risk though USCIS might view it that way.Of course on Trackitt you will see many cases of people who did not have the AP in posession while leaving but re-entered using the AP .Those are extremely lucky cases.

In general one needs to have the Physical Card in hand before leaving the country. There is an provision for Emergency AP if there is an medical emergency in the family.

[ChampU]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

WOWWWWW.. Big Congrats brother..... March 2008.. Great News...... TSC is on steroids today........

[ChampU]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

AkZach.. Do you mind providing some more details about your case like:

1. Employment Type (Full Time/ Consulting)
2. Education: US Masters/PhD Y/N
3. Duration of employment with current employer etc etc..


Hearty Congrats.. I feel so nervous, I've run out of fingernails.. My state of mind is exactly as in this video

http://www.youtube.com/watch?v=zRBl0GPBm4o

(Red: from Shawshank Redemption) I find I'm so excited I can barely sit still or hold a thought in my head.I think its an excitement only a free man can feel.A free man at the start of a long journey, whose conclusion is uncertain..

[fedupwithgc]

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
RD: 12/02/2011
ND: 12/06/2011
FP(Notice Date): 12/15/2011
FP: 01/12/2012
EAD Approval: 01/27/2012
AP Approval: 01/28/2012
EAD (Combo Card,Physical) for myself: 02/02/2012
EAD (Combo Card,Physical) for wife: 02/07/2012
EAD (Approval Notice in mail): 02/05/2012
I485 Approval: 02/09/2012

May everybody get greened soon.

Very Sweet News... Congrats.... Thanks for Sharing.

[akzach]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.

AkZach.. Do you mind providing some more details about your case like:

1. Employment Type (Full Time/ Consulting)
2. Education: US Masters/PhD Y/N
3. Duration of employment with current employer etc etc..


Hearty Congrats.. I feel so nervous, I've run out of fingernails.. My state of mind is exactly as in this video

http://www.youtube.com/watch?v=zRBl0GPBm4o

(Red: from Shawshank Redemption) I find I'm so excited I can barely sit still or hold a thought in my head.I think its an excitement only a free man can feel.A free man at the start of a long journey, whose conclusion is uncertain..

[ChampU]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.

Thanks for sharing, AkZach.. Enjoy the freedom!!!

[qesehmk]

Spec Thanks. Useful as always.

Just to make it clear AP is not the status. The status is AOS pending. H1 is another status. AP is only a means to maintain continuity in your last status. Ok?

An H1 person when files 485 is by default having 2 different legal status. H1 is continued until its validity and a new status AOS pending is added.

Now when a person returns with AP, the law allows the person to resume his last status(es).

If a person who has H1/H4 AND AOS pending status leaves US, that person can always come back on H1/H4 as long as they have H1/H4 visas to come back and of course the underlying H1 petition is valid. For those with expired visas but an approved H1 can still travel and come back with a new H1 in their passport. In all these cases AP is not required at all.

What is most dangerous is when a person has H1 (or non-immigrant in general) status expired i.e. underlying H1 petition is past its validity date regardless what your H1 stamp is in your passport. So such person if travels to India without AP, then his 485 can potentially be considered abandoned.

So the bottomline is - One can travel to India as long as your non-immigrant status is valid. You can travel with existing valid visa or have the visa stamped. However if the non-immigrant status itself is expired then DO NOT TRAVEL to INDIA or OUTSIDE US WITHOUT AP.

The AP is not abandoned if you leave while it is pending, but were maintaining H or L status at the time you depart and then return using a valid H or L visa. Once the AP is approved and you are in the USA after approval, it can then be used for subsequent travel.

If you return using a valid AP, you will be a Parolee, evidenced by the I-94 you receive. You cannot hold "dual status".

You will NOT be in H1B STATUS, but under a legacy USCIS Memo (the Cronin Memo), you may continue to use the EMPLOYMENT AUTHORIZATION element of your valid H1B petition as long as you return and continue to work for the H1B employer. It does not alter the fact that you are a Parolee, but does mean you do not have to use a separate EAD.

A subsequent extension or amendment of the H1B petition will return you to H1B status, or you have the option to leave the USA and return using a valid H1B visa.

The points above are covered in this Murthy article and in this USCIS document (Question 26 and Addendum V).

Hi all,

I am a silent reader of the forum for now almost an year. I want to thank Q, Spec, Veni, Teddy, Nishanth, Soggadu and all others. I just got email for my wife and myself that USCIS ordered our card production for I485. Following are the details of my Green Card journey.

Service Center: TSC
PD: 03/03/2008
I485 Approval: 02/09/2012

akzach congrats and thanks for sharing. This pretty much confirms that retrogression if and when happens, the dates for EB2IC will NOT go into 2007. In fact they shouldn't go beyond Mar 2008.

[mysati]

Thanks, Champu. The details you asked are below.

1. Employment Consulting
2. Education Masters from India
3. About four and a half years with my current employer.

Yes, you are right. TSC seems to be on steroids, today.
I was also, surprised seeing the USCIS email as I wasn't expecting it since my PD is March, 3rd 2008.
I can understand your nervousness, hope you get greened soon.

Congrats Akzach! Enjoy your freedom!

[krishnav]

I was looking at the approvals from TSC in trackitt for the past 3-4 weeks and it seems like they are more active (More i485 approvals) on Thursday, Friday and Saturday of every week.
I am wondering if they ask more employees to deal with I140s and other cases on Monday, Tuesday, Wednesday and ask them to jump back to I485 cases by the second half of the week.
Just a wild guess from the numbers in trackkitt.

Assuming its true, hopefully we will see more approvals tomorrow and day after also.
Good luck!!

[harapatta]

guys need help...anybody used any Marathi to English translation services, if yes please give me the link or name of the service..thanks in advance ...will remove the thread as soon as i get any response.