Post 485-Filing

[longgcque]

RFE:
RFE was asking for an EVL. Recd on 3/26, responded on 3/27, status changed to RFE Response review by EOD 3/28.

Mine is NSC. I am expecting to receive/see the letter on Saturday 3/17 .. as alert came on 3/21 .. so 3 business days from there should be good enough for me to receive a letter .. I hope it is not a tricky RFE for me and I will respond back asap.
I have 3 dependents on my case .. they had no updates as of now .. what does that mean? Are there cases OK? Have there files been touched and are OK ? I had not so perfect NABC submitted for my wife alongwith affdavits/school docs etc .. so just want some opinions on that ... I understand no one knows for sure when they can open a rfe for any case but just looking at the pattern so far.. is it ok to guesstimate that dependent files are ok if only primary gets rfe ...

comment please

[haripathhi]

So my wife is the dependent on my 485. She's on H1 right now expiring in May. We got our EAD already. Other details are in signature.

Question - can she change jobs and use her EAD without any issues to the application.

I think she can but wanted some input.

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.

[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.

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.

[self.coach]

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.

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.

[usernameisnotvalid]

I asked two question to my attorney;

Q. My wife is on H4, If she moves to EAD will it change her H4 status. Answer: No
Q. If I enter using AP, will it change my H1b status. Answer: No

I didn't say why? I didn't want to go into any non-immi vs immi vs some dual intent thingies I had some ideas about. I just wanted confirmations.

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.

[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.

[vizcard]

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.

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.

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?

[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

[bloke0002]

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.

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.

[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.

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

[goforgreen]

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

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.

[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.

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

[imdeng]

:-) 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.

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

[codesmith]

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

[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.

[crux123]

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.

[imdeng]

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.

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

[bhala5]

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.

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).

[imdeng]

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.

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).

[Sandeep2011]

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

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.

[Sandeep2011]

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

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

[Eb2_Dec07]

Guys ,

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

Dont know when .

[Eb2_Dec07]

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

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

[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 ?

[vizcard]

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

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

Likely July / August