EkAurAaya
05-14 05:20 PM
Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?
Also what are the wait times for CP in Mumbai India?
Thanks!
May we all get outa this mess :cool: and move on with life!
=======================
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.
I. TIME
Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.
II. CONSULATE NOTIFICATION
The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.
From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.
There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.
III. 180 DAY PORTABILITY RULE
Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.
IV. LOCAL ISSUES
Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.
In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.
In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.
In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.
V. COSTS
Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.
Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.
VI. RISKS
The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.
Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.
Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.
Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.
Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.
VII. EMPLOYMENT FOR SPOUSES
Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.
VIII. CONCLUSION
In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.
wallpaper sunrise view, party time,
chanduv23
02-23 01:20 PM
Scenario1:
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
If you are on H1 in your 6th year with EAD (not used) then after 6th year will be applicant be on EAD or does he has to fill I-9 with employer
Based on how HR departments handle i9 forms, in most companies, they may not know when your h1b or EAD is expiring - some HRs may have calender triggers and request for updated EADs or h1b extensions. Usually you need to show the EAD or H1b extension with updated i 94 and they take a copy and place it in your file so that if there is an audit, they will produce the documents.
So it is your duty to inform your HR department that you wish to work using EAD after 6th year so that they update the i 9 form
Scenario2:
If you are on H1 in your at the end of 6th year with EAD (not used) then before the end of 6th year an applicant loosed job. then from that point will he be automatically be on EAD or does he has to do some thing to file till he gets a job (because once he find a job and he might apply for new h1 or join with EAD and he can file I-9)
Basically, if your 485 is pending for more than 180 days and you lose job, then technically you can start using EAD and move on using AC21. You can even get a h1b transfer as your 140 is pending or approved.
EAD is not a status and one does not fall int EAD status - if you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work.
amitjoey
06-30 01:13 PM
I am not sure about this but one thng can certainly happen with Admin Fix.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
Porting of applicant who have stayed long enough in (EB3 to EB2). EB3 15 years experience and still counting and stuck and uncertain porting rules and AC21 doesn't make sense at all.
Or
AC21 rules or some other fix giving relief to people stuck in GC unnecessarily.
USCIs can make these fixes but they dont want to do it. Its simple
I wish it was so easy. USCIS cannot just do fixes on their own. Getting the administration to support us and get some fixes is what IV is working on.
I wish more people had come to the advocacy event. They would have seen first hand what amount of hard work has been put in. The kind of commitment and personal sacrifices members have put in to not only get the ball rolling on the admin fixes but also building relationships on the hill.
2011 Party Time!
abhijitp
08-22 02:27 PM
If there is an answer, it is closer to Franklin's estimate of 7 years than to 3 years!
Well said Franklin, it is getting harder & harder not to attend the rally:)
Aadimanav, please attend the rally if you aren't already planning to.
As someone has said...
Attending the DC rally... even a caveman (Aadimanav) can do it... no offense... just kidding buddy:)
Go here and submit your vote
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
Well said Franklin, it is getting harder & harder not to attend the rally:)
Aadimanav, please attend the rally if you aren't already planning to.
As someone has said...
Attending the DC rally... even a caveman (Aadimanav) can do it... no offense... just kidding buddy:)
Go here and submit your vote
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
more...
lost_in_migration
05-15 08:30 AM
/\/\/\
johnggberg
07-18 04:00 PM
dude you dont get this kind of oppertunities again and again, do a register marriage and get her on h4 and apply for 3rd stage
dont miss this oppertunity
dont miss this oppertunity
more...
yawl
07-09 11:56 AM
Just send mine. Nice to know it is getting some attentions
2010 teenage part time,
siravi
10-13 10:12 AM
I was glad I made it even if I was late. The local chapter is no more nebulous entity in my mind. Good to see you all.
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
Helllooooo!
Jokes aside, I agree, it was a good meet.
As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D
PS: My only gripe: laborchic turned out to far from a "chic". What a letdown ;-)
Well - now I understand why you were there :)
Helllooooo!
Jokes aside, I agree, it was a good meet.
As I said earlier, it was encouraging to see interested, motivated folks join the party. I enjoyed meeting with all, and was good to have some honest exchange about IV related questions, clarification of its goals, etc. Nice!
Glad you joined the fun, frankie. Hey, labochic! that was some speech--do you have a copy? :D
more...
OLDMONK
06-21 07:21 PM
[QUOTE=zico123]H4 is a dependent visa and there is legal employment allowed on H4 status.
I dont agree with the above statement.
I dont agree with the above statement.
hair It#39;s party time~LOL!
H1b Guy
11-15 11:01 AM
Guys,
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
Thats what my Question is......how i am gonna prove it i paid 3k for my H1. They are deducting 500 (for my H1) everymonth from my paycheck in the name of CASH ADVANCE DEDUCTION.
I really want to teach them a lesson....so that they stop messing many vulenerable people like me who go to them every year. Could somebody tell me how i am gonna complain DOL in new jersey about this company and does DOL really takes any action.
Greencard is not i am much looking for......i am planning to go back to india after 2-3 years.
Thnx
more...
stuckinmuck
05-14 12:26 PM
chandrajp, many times it's not because of rules. It is common courtesy to go to a cafeteria if one is available. Smell of Indian food in general (it's a fact not criticism) may have a distracting effect in a work location so it should be eaten in a cafeteria (if available). Also, we need not emulate other people's lack of courtesy and do the same thing (like some people quoted Americans eating burgers in their cube). If we have the option, we should eat in the appropriate location.
In addition, with respect to discrimination, I do not condone it at all but we need to do a reality check for ourselves as well. I have never worked in India since I left the country 10 years ago but my friends working in India have told me how their managers have humiliated them by speaking in a regional language in meetings that they didn't know. So wherever there is a difference of culture, language etc., unfortunately human beings tend to behave the same i.e. discriminate against others who are different from them. For example, how do we explain the 'Fair & Lovely' ads? It's blatant discrimination based on skin colour.
Discrimination should be done away from every aspect of life.
In addition, with respect to discrimination, I do not condone it at all but we need to do a reality check for ourselves as well. I have never worked in India since I left the country 10 years ago but my friends working in India have told me how their managers have humiliated them by speaking in a regional language in meetings that they didn't know. So wherever there is a difference of culture, language etc., unfortunately human beings tend to behave the same i.e. discriminate against others who are different from them. For example, how do we explain the 'Fair & Lovely' ads? It's blatant discrimination based on skin colour.
Discrimination should be done away from every aspect of life.
hot Note: not an actual quote in
indian111
06-30 11:35 AM
AP apporved in 25 days from TSc
E-filed on May 22nd and got approval on June 27.
E-filed on May 22nd and got approval on June 27.
more...
house It#39;s Tea Party Time!
ivgclive
10-19 06:21 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
You can do that, if you are applying in Indian Consulates and not in Embassy in Washington DC.
1. Washington DC still requires ORIGINAL US PASSPORT (At least, they make it clear)
2. New York : Existing (valid) passport in original, along with a photocopy (Skeptical)
3. San Francisco : Existing valid passport in original, along with a photocopy (In the application form, it says for minors, send Photocopy of US Passport) (Still skeptical)
4. Chicago : The copies of first two and last two pages of foreign passport should be enclosed. (Nothing skeptical as in New York)
5. Houston : A notarised copy each of his/her birth certificate , his/her parent's latest Indian passports (either expired or not yet expired ) and his/her current US/Foreign passport and a copy of the parent's valid passport. (Guess nothing is skeptical)
Bottom line, for a US born minor, with the birth certificate + copy of US passport (notarized) are enough to give a PIO card. But the above offices of same agency follow different rules.
tattoo Oh yea, party time!
whiteStallion
05-27 04:20 PM
Lets hope for the best on this bill !
more...
pictures Part Time Jobs Teenagers
insbaby
03-10 03:42 PM
Or watching cricket matches during exam time. :)
:mad:
Why would we have an exam after dropped out of school?
:mad:
Why would we have an exam after dropped out of school?
dresses in the party-time district
chanduv23
10-03 01:27 PM
^^^^^^^^^^^^
more...
makeup Back to Top; Quote
Sideliner
04-09 12:07 PM
Intresting someone brought up Gandhi's name here, we just'nt could manage more than few hundred to get togather to raise one voice, I just wonder if I think how this person was able to inspire millions to march on street and follow him without any questions asked.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
Gandhi was a great man no questions, he had the all the intellectual, personal and spiritual qualities required to lead the nation. With those qualities alone, he could not have convenced more than half a dozen people. The nation at that time was in need of a leader like him. When they found the right man, the followed without questions.
girlfriend Quotes middot; Party time
eb3retro
10-04 05:11 PM
Any AP renewal approvals from Nebraska recently?
E-Filed Date: 8/17/2010
Service Center: TSC
Supporting Documents Received by TSC: 8/25/2010
Soft LUDs: 8/25, 8/26, 9/22, 9/27, 9/28
Approval Date: 9/27/2010
AP Received Date: 10/1/2010
Date of approval on the AP is in the future...it is the same date as the expiration of the current AP.
E-Filed Date: 8/17/2010
Service Center: TSC
Supporting Documents Received by TSC: 8/25/2010
Soft LUDs: 8/25, 8/26, 9/22, 9/27, 9/28
Approval Date: 9/27/2010
AP Received Date: 10/1/2010
Date of approval on the AP is in the future...it is the same date as the expiration of the current AP.
hairstyles Time for Round 2 tonight
vinodmp
02-11 12:26 PM
" i think you should post it on the attorney forum and talk to a attorney "
Yes. My attorney has this paper now. Hopefully I should here from in a day or so .
Thanks
-vinod
Yes. My attorney has this paper now. Hopefully I should here from in a day or so .
Thanks
-vinod
lazycis
10-01 05:22 PM
Lazycis
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
Check lawsuit steps here:
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
If you have any questions, Pm me or post them here
http://boards.immigration.com/showthread.php?t=194681&page=600
I will prepare a lawsuit template and post it on immigration.com
As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
Check lawsuit steps here:
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
If you have any questions, Pm me or post them here
http://boards.immigration.com/showthread.php?t=194681&page=600
I will prepare a lawsuit template and post it on immigration.com
As you have an urgent matter, you will need to expedite the process. The rules give government 60 days to respond under normal circumstances. To expedite, you will need to file a motion for preliminary injunction right after you file initial complaint. This way, you will get EAD in two weeks.
mmanurker
02-07 01:39 PM
Sorry to hear that your 485 is denied....
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
My question to all the gurus here...I wonder what happens to EAD and AP after you appeal 485 denial?
I know that if your 485 gets denied then EAD and AP are void but lets say OP files 485 MTR(motion to reopen), does he have to reapply for EAD and AP or does that get reinstated based on the reciept he gets on 485 MTR?
Should the person stop working till he gets 485 MTR receipt or till he reapplies for new EAD and gets the approval?
Just curoius to know as these days denials seems to be the trend at USCIS and it would be helpful for all those who rely on EAD only and not sure what to do when there is a 485 denials for what ever reason.
FYI...I am still maintaining my H1 and also have a EAD but plan to switch to EAD only and not renew my H1 this year.
