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Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.

I-140 is approved.

I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.

Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?

Thanks

xxx

Everything depends on your PD and how much time it will take to become current:


Scenario A: You are from EB3 India or China and PD later than Jun-05

In this case you can safely mark CP on your case at the time of filing I140. Always remember that it is going to take 4-6 months for a case to reach consulate, after I140 approval, when you mark CP on your I140. So if your PD will not become current in next 12-15 months, you are safe to choose this option. Because as soon as your PD is current you will get an appointment in consulate without additional fees of I824.

However, if there is a wild swing in visa bulletin like July 2007 fiasco, before your I140 is approved, then you can safely file I485.

Scenario B: You are EB2 China, PD of Jun-05.

At this time you do not have the option of filing I485, but it makes sense to mark I485 on the option & assuming your PD will be current soon. If the I140 gets approved and the PD still does not become current, like India was stuck in Jan-03 for long time, then you can take AC-I140 to the consulate the time PD gets current. If your I485 is stuck in admin processing for long time, despite a current PD, you can take AC-I140 to the consulate.

To Jun's questions: Police certificates & medical exams need to be done in home country. Personally I think, police certificates in India can be obtained pretty quickly. I personally have family ties in India, so they can get the process started when PD becomes current. I do not know about the delays in other countries.

Again choosing AOS or CP is a very tricky situation and depends on personal situation such as:

1) whether you need EAD/AP benefits for spouse or uourself.
2) your job prospects. Future and current. Vs job stability.
3) Your country and support from respective govt agencies.

On the face of it CP is not an attractive option but files must consider ACI140 and should try and get as many appointments as possible. Most EB based filers are financially secured and can afford additional expense of ACI140 & CP.

Congrats :)
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

no updates online just received postal mail from USCIS today .

I guess end of long wait , been in country from 2001 .

I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

FYI - I dont know if my back ground check is clear or not , I guess it is .

what if the company revokes the I140 ??? Do i still hold the original priority date . I have checked out various forums and it seems there seems to be some confusion regarding the I140 revocation aspect.

Any pointers would be highly appreciated-

thnx
-A

We need a few catchy words to put in a community newsletter. This is for people who don't know about IV. It has to be something that will make people click on the text and come to IV website.

Here are a few suggestions I have got so far:

"Do H1Bs have the right to free speech? Check out ImmigrationVoice.org letter campaign working for you."

"Please join Immigration Voice and participate actively in the Administrative Fix campaign"

"If you are in this country legally, prepare for getting whacked"

"Is GREEN CARD holding up your future and career? - Liberate yourself by participating in the Administrative Fix campaign done by Immigration Voice.

Come on guys.. let your creative juices flow.. but keep it very short.

Our files assinged to Adjudicating officer on Nov 30th. (PD is current ) Nothing happend sofar.
Is it time to worry ? I seen in this forum cases processed within two weeks after assinging. Any input will be appriciated.

HAPPY NEW YEAR TO ALL :)

Hey Chris,
If your PD is current (for your EB category) then someone is looking at your case - as against it gathering dust on some shelf.

Else, it may not mean anything...

Good luck anyhow!

Friends

Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process

If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!

The omni-bus has come and gone! The MILLION dollar drive is a long term strategy. It aims to give IV enough funds to steamroll ahead. It will help IV become pro-active. Every time there is a ray of hope, IV has to come to us for money. A MILLION dollars will ensure that IV does not have to do that. We are nearly 30,000 members and not enough are contributing. The MILLION dollar drive was about one-time contributions of $250 (mind you all contributions are valuable) to reach the magic figure of a million dollars. IV needs the money to become more powerful.

What is that "Million $$$ drive". I did contrubute to omini bus 30K drive. But I havent heard of this drive?

EAD Renewal RD: 6/24/08 at TSC

Still Waiting for EAD Renewal Approval

This poll results is from his viewers who are already biased against any sought of immigration. And to add this is not a scientific poll. Plus no one cares about his polls

Karthik

Guys,
Post a link to the recorded radio interview. I want to listen tonight.
--sri

Unfortunately it means the 485 will also be denied.....
unless you can appeal the 1-140 which is a lengthy process.....
Hopefully luck is on your side....

again please ask your lawyer as to what the best way to go is....

Friends

This is my situation

My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.

Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.

But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.

We are all waiting for next breaking news from you ramnadhan.

Visit another immigration site tomorrow and come back with another breaking news.


January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

I hope this info useful for our fellow members.

Thanks,
Ram

This guy has no clue on anything...

He says he gets back after talking to the 'subject experts'....

A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....

So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.

Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.

Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.

The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...

Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.

No, they will not. In fact, if I get married to him, they will deport me immediately.
Well guys thanks for your help...

And you're not the only one to tell me to stay here to get my gc. I was also advised to marry a woman just for the gc. The point is that I don't want to do anything illegal.

But I considered all those options. All I want to do right now is to stay with my partner just a little bit longer, I can't imagine putting an ocean between us again. I understand that I'm already in a difficult situation, and I will have a lot of explaining to do in the future when applying for a visa (since as I understand my current one is no longer valid), but I just want to get a ban. That's the only thing I'm afraid of.

I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.

My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)

thank you for giving me confidence...did u do e-file?

I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...

It sounds like they are processing fast..dont panic keep hope!! Give it some time..

------------------------
EAD/AP renewal--TSC

I got name check information atlast today. Its cleared
Still waiting for GC Approval. God knows when it will get approved.

Labor Priority Date: May 24, 2006
I -140 Approved: Oct 2006
I-485 RD July 2, 2007
I-485 ND Aug 27, 2007 with SRCXXXXXXX


babu123,

How did you get this information? Did you call TSC today using POJ method?

Finally some sanity on FBI Namecheck from the DHS head honcho Michael Chertoff. He is now saying things which everybody has been screaming for the last three four years. I have highlighted those. But it does take that long for wheels to turn even in the most liberal democracy.



Question: Mr. Secretary, you had, at the very beginning, laid out some great progress that's been made in terms of preventing bad people from getting in. And part of the Homeland Security mission, which is a challenging one, is that while you are responsible for protecting against bad things, you're also responsible for facilitating good things. And be that the flow of people, in this case, USCIS is responsible for that for the department. They've begun a $3.5 billion transformation. And I'm hoping you could speak to that in two ways. What's your concept of success in that, in terms of the national security part of it, the operational excellence part of it, and customer service part of it?



Secretary Chertoff: Three -- two main things. One is, we have to move from a paper-based system to a totally electronically-based system. We still have too much paper, and it's hard to track, it's hard to manage, and it takes a lot of time.



The second piece is, I want to rebuild -- re-engineer the system in a couple of ways. One is, and the most urgent, is to deal with the background check problem. It just takes way too long for the Bureau to complete background checks for a small but a significant number of people. The majority of people -- you know, if the name doesn't pop up on anything in the -- it's pretty quick. But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.



Looking forward as we go electronically, and as the Bureau goes electronically, that problem will diminish. But looking backwards we have to re-engineer the system to be a little tougher. And one of the things we did, for example, with the green cards was we said, for background checks that took longer than six months, we would give you a green card, and then if it turned out the background check later revealed a problem, we would take the green card away.



Now why did we do that -- because I got criticized, �Oh, you're sacrificing national security.� Here's why. First of all, if you haven't been -- if it's going to take longer than six months, it's clear that you're not on a Terrorist Watch List, you haven't been convicted of a crime, you haven't been indicted for a crime. In other words, most of the major things you would worry about -- it's a very easy thing to determine whether you've had a problem or not. What you're not going to get in that six months is the guy whose name came up in a file somewhere. And the vast majority of those are benign mentions.



Secondly, you're here. If you're going to do something bad, you're still here legally. The green card -- it's not like we're bringing you in from overseas. So if you think about it logically, the risk of giving you the green card with the understanding that it can be pulled away if something turns up, it's a minimal risk. It's a minimal, marginal risk. Whereas the customer service value of giving someone the green card is high. That's an example of trying to be more cost-benefit in the system.

See
http://www.aila.org/content/default.aspx?docid=24818