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Wtng4Ever's Immigration Cases

PD MAy 2004 EB2.
MY GC approved sep 1 2009, card received Sep 11 2009.
Wife's case still pending. No RFE. She is on her own H1B.

First of all congratulations on your approval. I was a bit worried myself when the same thing happened to me. I was a bit concerned about my wife's status at that time. I guess lawyer can tell better. I didn't ask in my case. Since there was no outside US travel in mind we also took "Wait and watch" approach. Five weeks later her approval also came.

Let your lawyer know so that they can help in case any USCIS query comes.

GC100/other veterens of this thread.
Do you think contacting the congressmen/senators before the PD is current and uscis further investigating into the case lets say before sept 1st will result in the standard response of "PD not being current bla bla bla"? Or we can start contacting them before sept 1st.

Thanks

ms665

I didn't approach the congressmen/senators route although I am in democrat ruled state and have read stories in this forum about others contacting them.

Here is my story:
After my second I-140 approval, my lawyer had sent a letter for PD recapture. This was first week of May 2008. In July end USCIS asked us to file I-824 probably because my new EB2 I-140 (PD Apr 2007) and 485 was filed in Nebraska and my old EB3 I-140 (PD Oct 2001) was in Texas. Anyway we did that. We got a reply in Sept that there are cases ahead of my case and processing date has not reached yet. Then we received two RFEs in Dec 08 and Jan 09. On March 5th my 485 and 2 of 3 dependents were approved (EB2 PD became current as per recaptured Oct 2001 date). The last remaining application was also approved a month later in April 2009.

If one of your dependents has turned 14 years of age since their application was filed then FP is needed for such dependents. But you would have received an RFE by now if that was the case, and they would not have approved your case also.

In case you have APs or valid visas you can travel to Canada with no issues. I travelled to India on AP after I received the approval email and before the physical card arrived. I would strongly recommend taking original 485 filing notices and email print outs when you travel out. Take copies of latest W2s, paystubs and EVL from the company.

Don't sweat or stress yourself on this.

It happened with me as well though slightly in a different way. I and my 2 dependent's approval notifications came together as well as the physical cards followed soon. However, there was no info on my spouse's case. 4-5 weeks later that approval also came followed by the physical card soon after.

If you search the forum you'll find other cases as well.

Since you left USA, a new I-94 will be issued to you at the Port of Entry (POE) in case you plan to return to US. The duration of the new I-94 will determine how long can you stay in the US. It is all up to the immigration officer. Meanwhile, the extension application in Canada will lose its validity if you leave Canada.

Your going back and forth between the two countries may invoke questions at POE. So be prepared. Are these travel work related or personal travels?

Just FYI, that eventually you can hold only one country's PR. If you already knew then that's great! From some postings in this forum I learnt that US border post at Canada can be strict sometimes. Especially to those who travel Canada to US via road.

Check my second post from March 7th, 2009 in the link below.

http://www.trackitt.com/usa-discussion-forums/i...

Folks,
Look at my March 7th, 2009 post in the link below.

http://www.trackitt.com/usa-discussion-forums/i...

No one would care to check that, moreover it is not your fault. You should carry both the passports however. I have had two passports for 7 years now and never had anyone bother to look at the old passport. The US immigration cared only about Visa/AP etc.; and may be that the new passport is valid or not. In India (arrival/departure) they always looked at the new passport although I had always presented both passports while coming or going. No one has time in this world for such scrutiny for normal people like us.

I had the same concerns when my GC was pending. Last March before my GC came, I went to India with no visa and came back on AP. My also knew that my H1B extension was going to expire in April (one month later) and I will be questioned. I came back with no issues and luckily wasn't questioned. The AP review by DHS officer takes a bit of time at the airport, other than that I had no problems.

There is no reason to be scared as long as your papers are in order and you answer confidently and honestly.

Please update your profile and add case details. Thanks

Separate 485 apps for the primary applicant as well as for each dependent who is not a US citizen. All adults and children above 14 years of age (who are not US citizens) must also submit G-325 for biometrics at the time of 485 filing.

Hi SGC485,
....
Another interesting thing i noticed was how come a person can have alien # without applying 485? because i never applied 485 with my previous employer except for labor and 140. I am thinking they might have assigned temporary alient # to previously approved 140 to combine all applications together. just a thought. all experts please do comment on this..... appreciated...

THnaks
Collierville

I believe A# is assigned when your first I-140 application's notice is generated.

Hi Colliervillle and All

Does the Infopass IO have information regarding your Priority Date and category (Eb2 or Eb3) that we are being considered. I have an appointment next tuesday. I dont have the Eb3 140 approval copy so not sure if it has the same A#.

Thanks

You can try if the Infopass location is close and no issues taking 1/2 a day off. I tried it but found that the Infopass folks go no better information than the 1-800 number agents.

Thanks. That was the longest gap between the question and reply :)

Hope you haven't forgotten to file AR-11 in time.

Thanks Wtng4Ever. I opended a SR about 6 months back to link I 485 with EB2 date sent a letter while back which was returned from USCIS. I assume it is automatic since it has same A#.

Nope! I had the same A#s and the same misconception. It didn't work. My lawyer had sent to Nebraska Svc Ctr to recapture old PD with EB2 I-140 which was approved after we filed 485. I had posted the letter contents under this topic in July 2008.

Your I-140 details/dates are missing from your profile. Looks like you'll need to link your 485 to the new approved I-140.

Member Profile: Wtng4Ever (755 posts)