Discuss pshv57's I-140 USCIS Case

hey ps,

I am in NYC, yes. My lawyer filed 140 online on tuesday. same day we prepared 2 packets.

1. copy of 140 filed online, attached the DOL-LC print out of 9089 (signed by emplr) and other other 140 dox. ready for dispatch.
2. 485/131/765 forms and the supporting dox. ready for dispatch.

She waited till Wed to see if she gets hard copy of LC in mail, she dint get it so mailedthe 2 packets wed evening for thu delivery. apparently USCIS, TX's mailroom is full and there is no place to keep mail. So they asked USPS to hold the packets and picked picked up Thu delivered packets today mrng, shows 5:48 AM delivery for mine.
So I dint panic yesterday. But you confirm your delivery coz today is the last day.

Regardsing TX or NE: My lawyer says it is TX, your says NE, either way we are fine. Remember from one of the USCIS FAQs , even if someone filed at the wrong center, they wont reject it, so its ok. dont worry.

Also, she said ( also posted on Murthy and USCIS) there are huge delays in issuing the notice of receipts. She expects around 2-3 months. WOW!

I told my brother and he is like, IITs/IIMs process 150000 applications in 1 month every year at the time of admissions. Why cant USCIS enter 70-80,000 apps in their systems and issue receipts? Couldnt answer him. Anyway, are you gone to India yet? Leme know if you need anything before or while you are gone.

JAI MATA DI!

Do you know if it is OK to travel out of country a month after filing AOS/140? I did some research online. Some people think you can fly, but some say it is risky.

valid/stamped H1B? cool.

Logic: you have a lavid NIV (non-Immigrant visa) stamped on your PP. You are waiting for another NIV or IV, dsnt matter as lond as you are good on your current NIV status.

Good luck!

Thanks dsikka. Yes I have valid stamp H1b and lawyer has reassured me again and again i can travel..but still worried. I don't know if my package was received by uScis as i have no fedex tracking. Can't get in touch with lawyer's office today. it was to be sent out yesterday, so am hoping it's ok.

Now it's up to god...jai maata ki!

checked and my packet received by uscis at 10 a.m. today.

cool!. Have a good trip.

Jai Mata Di!

I got my visa renewed for another year, but it is not stamped yet. I have approve I797, and I need to go out of the country to get it stamped. This is considered same as having valid visa, isn't it? so that means I can travel while I am waiting for "official" receipt notice

I think there is always a risk involved when it comes to getting H1B stamp...this is true in best case scenario..i believe. I would be more nervous when I have filed the AOS application, don't have receipt notice...because whenever getting an H1B stamp, you are sort of interviewed. Difference with already having stamp is you don't have to go thorugh that except at entry point with Imm. officer. I don't know what the answer is. What does your lawyer think? i am still nervous traveling.

My lawyers work for a big law firm and they always give canned answers going by the word of the law(I will check with him after I do my research) But my understanding is that you should be in the country while filing I485. Any other kind of visa you have is still valid whether it is stamped or not. Worst case is your I485 application becomes invalid. They cannot deny visa stamping at the consulate just b/c you traveled while your AOS is pending

ps, u r right, theres always a risk. the point is when u go for the stamping, fill up the ds156, it has a ques saying "have u or anyone on ur behalf ever filed an immigration petition?" so not just ur resume/h1b credentials are evaluated at the interview, that u hv applied for an imm visa becomes a eyebrow raise. w/o the notice of receipt, it becomes more nervous face and they see that on ur expressions.

shirtanswer, when u say, is it valid? its a valid/legal status, but NOT A VISA, till it is in ur PP. so no, thats not what i meant when i was asking ps about it. ps has a valid VISA ( not just 797), so he is cool.

my best bet would be, if all else (ur job/pay stubs, resume matching the job desc, emp letter etc etc) are fine, then wait till u actually get ur notice of receipt n then travel. it gives ur face a little more confidence while u r standin before the counsler. otherwise, legally speaking, u r fine even today, coz h1b, unlike f1 or b1/b2, is a dual intent visa. and they can not give u a 214. however, when in doubt, they give a 221g, which , my friend, is much worse, coz that means, suspended decision on visa app and awaiting backgroung check. i amsure we know how painful it may get if u are stuck outside with 221.

anyway, these are subjective viewpoints on objective facts, decision is yours.##good luck.

jai mata di!

ps and dsik - thanks for your thoughts on this. My travel date is in early Nov. I should get the receipt by then (mailed on aug 15th)
I may take the risk of traveling and getting visa stamped in Chennai if I don't get the receipt by then. This is an important event (brother's wedding) I don't want to miss

Hope so! good luck

Jai Mata Di!

Just to let you know I returned from India today. Had traveled without I485 receipt but valid H1b (till dec 10 so they made sure to put that in bold on my I 94). Imm officer asked basics "job title", nothing more was said/done. So God knows....will wait and see how my travel affects my AOS application, if at all. Jai Maata Ki

Hey, ps 57002,
you are so lucky..you too filed concurrently in August 2007..God's really helped you... I read your whole profile...

sorry I did not see your message to me before.
I did not file PERM. I filed the old style labor which took almost 4 years to clear and messed up my case.

2/26/08. CRIS email for "Request for Additional Evidence Sent". Thank God they didn't deny simply because I filed without my original labor cert. I still have a chance. Will update when I know details of RFE.

Only for original ETA. All the best to you too.

RFE is for original ETA, transcript of master's degree (god knows why since it's Eb3 with requirment of bachelor's), and A2P.

RFE response sent...Hope to god it goes well and get approval soon

All the very best ps57002!

Thanks cygent
Case processing resumed 3/30/09 and SLUD 3/31/09. Seems they are working on the case....nervous. Wish me luck....