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that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

It is very unfortunate that your lives can be tied to this dates circus. :(

Hello Gurus,

I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

From the info in some posts, I understood that this extension puts me back into H1B Status.

Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ?

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?

I appreciate your detailed answers.

Thanks

Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..

cheers
kris

Given the demographics of the greater Seattle area in general, and Redmond in particular - I'm surprised "softies" haven't taken over the WA chapter completely... :)

Hope to see all of you in DC..

cheers!
jazz

My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.

Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.

This is my GC application history

1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.

Current status for i-140 : Recieved and pending at Nebraska service center.

Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

Any assistance would be highly appreciated.

A1: Receipt date is assigned by USCIS when they re-enter or mark your case as PP. This is different from when FedEx delivered the PP request. In my friend's case, the difference in these two dates was 10 business days. This was in early June and his I-140 was approved in 3 business days.

A2: Most probably, that is what has happened.

A3: In Rajiv Khanna's conference call (you can download them from his Web site), he suggested the concurrent filing option when someone asked him a similar question.

Good luck!

Thanks,
Jayant

we really have to be morons to take anynonymous comments at face-value.

or did you post the comments yourself and like the attention?

Then every one has to be moron to participate in this forum. Most ,if not all, are anonymous here too. You take them what for what they are worth...

in EB3, EB2 and EB1
--
140K visas in total,.8 and there is a 7% country ceiling (7 or 10% I am not sure), so apporx 9.8K visas per year max for a country.
And divide those numbers equally in Eb1, 2 and 3, and this includes spouse and children.
So, approx 4K primiary applicants (assuming that there are 1.5 dependents per primary applicant).
If the number of visas remain available (let's say Eb1 was not used up it tricles down to Eb2 then to Eb3) or rest of the world visas remain avialalble they can be given to retrogressed countries.
Also, previous year's unused visas were captured and used in 2005, that's why the actual number of visas given to Indians can vary every year.
But if all the coutries are retrogressed as now, then Indians would not gain any extra visas, restricting to 14K annual limit.
Please correct me if I am mistaken.
Regards,
dgb.

Durbin likes to have it both ways - be perceived as being pro-immigration (for his work on behalf of Hispanic illegal immigrants) but also being the champion of unions. I think he might respond if he starts to get labeled as anti-immigrant. He will not want to start to get the label of being someone who opposes immigrants. But I'd probably stick to the flowers and make it IV's signature. When the media hears about another flower campaign, they'll know something big is up and that the person getting the flowers is being targeted for an important reason.

For some reason this thread caught my attention. Looks like this was discussed sometime back.

Sending flowers once again ???? Is this a good idea :D:D:D

Hello estrela,

Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.

This forum is dedicated to the plight of high-skilled employment based immigrants.

Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.

Best of luck

how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..

My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..

Congratulations. !!!

my pd is close to yours. see my signature. good luck

In very rare ocassions people get to know that their 485 is preadjudicated.

Check out this case
http://immigrationvoice.org/forum/344724-post54.html

Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)

The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.

Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India

Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:

I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?

I am from ATL

eduction evaluation done by a prof from GA sate university
and my transcripts.


Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.

Didn't you know for sure that you were going to stay with employer before asking them to apply GC.

It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?

Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.

If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.

Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.

Calm down buddy, no need to get excited!

FYI. I have been with the employer for ever. It's just that they are now revisiting/revising their GC policy, and I am trying to make sure that the policy makes sense for both the employer and any future employees. And who knows I may have to agree to this policy in future if I decide to redo my GC application :)

I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.

signed up for $100 pm last week..

and no Jeff, it wasn't directed at you

Phew! :lol:

is any one interested for Coor pool / Charter Bus for DC rally ?
May be we should work on that way ..

If any one ..pls PM me

Just a gentle reminder to post us an update if you've got some by now.


Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.

It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

What are my options here? Does anyone has faced such a situation?

Wow... You have a great over-enthusiast lawyer. People try to push their lawyer to file their application but looks like your lawyer pushed you to file your application. :)
You can always file new application on July 1st.