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Below is the reply from the paralegal of my immigration lawyer (working for our company)
1. Yes, Advance Paroles and EADs for XXX and his spouse should still be
extended for the both of them. Please note that XXX 's recent travel shows
that he was admitted and paroled for one year (that is the standard for
traveling and entering on Advance Parole travel documents.) However, his
current ADVP travel document still expires on MM/DD/YYYY . This means that
after MM/DD/YYYY , he will no longer be able to travel on Advance Parole
since it is an expired travel document. Therefore, if we do not extend,
then he would have to rely on his H-1B for any international travel after
MM/DD/YYYY. This would mean that if he needs to travel internationally, he
may have to go apply for an H-1B visa at a U.S. consulate abroad in order to
enter the U.S. if he does not currently possess a valid H-1B visa in his
passport. This is also true for his spouse's Advance Parole travel document
and her H-4 visa.
2. Status of I-485 Applications - Please note that the receipt date of
their applications is 08/10/2004. Currently the USCIS CSC office is
processing I- 485 applications received on or before 04/01/2005. Therefore,
their I-485 applications are within processing. There is no basis to say
that the cases are in a blackhole unless the cases are grossly beyond
processing time for some reason due to USCIS' or government processing hang-
ups (e.g., security checks/clearances). Please note that the USCIS online
status reporting system does not always update every single
action/status/inquiry. Therefore, XXX should not be alarmed if a recent
inquiry was not updated. Frankly, XXX should not be inquiring on the status
of their I-485 applications when they are within normal processing time, as
that could only adversely affect their cases should it be pulled out of the
processing queue that it's in. In order for us to work effectively with
USCIS, we must abide by their processing standards and allow them to do
their work if/when the cases are within processing time. To submit
unwarranted inquiries would only misuse USCIS resources and therefore affect
their efficiency in processing cases. If/ when the cases are beyond
reported processing times, we will assist with the necessary inquiry
process. We highly advise XXX not to pursue any further inquires.
3. The original I-140 approval is received in our office, and a courtesy
copy of the approval should have been received by ABC Inc. I am
confirming that the original I-140 approval is in XXX's file. Please note
that XXX would not receive the I-140 approval from USCIS as the I-140
petition/approval belongs to the company (the sponsorer/petitioner), not the
beneficiary.
LC started August 2001
RIR route
I140/I485/I131/I765 RD 08/10/2004
I140 AD 3/31/05
I485 no update after finger print in 9/13/2004