Forum Home > Employment Based US Visa Immigration Discussion > I-485 / EAD / AP Forum
File ASAP for I-485?
...
There are 13 posts in this topic. Total Reaction: 1
Watch This Topic
Start New Topic
Add Reply
<<PREV12NEXT>>Page 1 of 2
zorkaxo
12/12/2013 4:11:05 PM
Total Posts: 20
...
Yes! It is my turn to file for I-485 (Jan 2012 PD in EB3ROW)!!! Quick question: should I hurry to send my application (via the laywer firm of my company) or should I take my time? Basically if I send it in 1 week or January 5th, does that matter? Also I am going out of the country for the holidays, so is it better to send the application once I am back? Thank you!
catx
12/12/2013 6:39:59 PM
Total Posts: 12
...
The cutoff dates in the January 2014 Visa Bulletin are valid between January 1, 2014 and January 31, 2014. You should try to have your I-485 adjustment of status application and all the required and supporting documentation submitted to the USCIS (Service Center) by your lawyer by the middle of January to make sure it is received before the end of the month.
Des
12/12/2013 8:31:58 PM
Total Posts: 4
...
Hi Amazon or catx! Just needed some clarifications for filing of I-485. Like in the posting above, if it is already your turn for your PD and then you filed or some of your dependents filed their respective I-485 in a later date, say your PD is Jan 2012, and you filed in the later month of February or 6 months of a year later, will your filing expire? Will PD have expiration dates? This question is raised mainly based on financial issues if your dependents cannot file I-485 along with you, granting if you have 9 dependents. Thank you so much for your anticipated reply.
catx
12/13/2013 4:11:46 AM
Total Posts: 12
...
Your priority date (PD) does not expire, and you are not required to file an adjustment of status application the first month your priority date becomes current. An adjustment of status application can be filed at any time if the associated priority date is earlier than the current cut off date. In other words, as long as the cut off date published in the monthly Visa Bulletin remains the same or advances you can file an adjustment of status application. An issue arises if the cut off date regresses. In which case you could find that your priority date is no longer current, and thus you cannot file an adjustment of status application.
zorkaxo
12/14/2013 8:03:17 PM
Total Posts: 20
...
A last question: my PD is now current so i understand i can file as soon as Jan 1st. I will be out of the country until the 8th so I would need to file after that date. I have a family event beginning for 4 days beginning of feb and I was planning on leaving the USA for those 4 days: - can i do that? - i think i have to file the parole thingy. does it need to be approved or as long as it is sent by my lawyers I am good to go abroad for a few days? Thanks!
catx
12/15/2013 3:22:51 AM
Total Posts: 12
...
Once you have filed your I-485, Application to Register Permanent Residence or Adjust Status (AoS), and an accompanying I-765, Application for Employment Authorization (EAD), and I-131, Application for Travel Document (advance parole, AP) -- and the I-485 AoS application has been received by the USCIS (given a receipt date) -- you cannot travel outside the U.S. [u]until[/u] the I-131 AP application has been approved and you have received the I-512 Advance Parole. If you travel outside the U.S. while your I-485 AoS application is pending (has a receipt date, but not approved) without an approved I-512 Advanced Parole, then your AoS application will be abandoned and void. With respect to dates and processing times ... The I-485 AoS applications, and the other applications, will be given a receipt date within 24 to 48 hours of the package arriving at the USCIS Service Center. In other words, if you file your applications with all the required and supporting documentation in January, you can expect that the applications will have receipt dates before your family event in the beginning of February. The I-131 AP application will take anywhere from 45 days up to 120 days for approval and receipt of the I-512 Advance Parole. This means that if you file your I-485 AoS and other applications in January you will not be able to travel outside the U.S. in the beginning of February for your family event without abandoning your AoS application. (You will not be able to travel outside the U.S. for ~6 weeks up to 4 months.) Your options are to delay filing your I-485 AoS and other applications until after you return from your family event and hope that your priority date remains current in the February 2014 Visa Bulletin (probably will for EB3-ROW), or file your I-485 AoS and other applications in January and forgo your family event in the beginning of February.
zorkaxo
12/16/2013 5:08:51 PM
Total Posts: 20
...
Thanks Catx, I could not have expected a better and clearer answer. That really helped. And that also means bad news for me :-/ Any idea what is the likelihood of regression for EB3ROW in Feb VB?
BrunoITA
12/16/2013 6:17:30 PM
Total Posts: 4
...
[quote=zorkaxo;7546]Yes! It is my turn to file for I-485 (Jan 2012 PD in EB3ROW)!!! Quick question: should I hurry to send my application (via the laywer firm of my company) or should I take my time? Basically if I send it in 1 week or January 5th, does that matter? Also I am going out of the country for the holidays, so is it better to send the application once I am back? Thank you![/quote] The sooner you send it in, the better. Do not waste any time. One week can make a BIG difference
Amazon
12/17/2013 7:03:25 AM
Total Posts: 591
...
Thanks catx [biggrin] Two quick notes: 1. EB3ROW is not expected to retrogress in February VB. 2. The primary applicant can file the application and dependent can later on file the application. Make sure the dependents file the application before the primary application is approved. Else they would have to refile in the family based category and this would increase the cost. According to GC tracker and comments in blog post, some EB3ROW application is been approved in 60 days. So you would have to file for all nine dependents as early as you can. You should ask USCIS for a group discount. [biggrin]
Amethyst
1/30/2014 1:49:43 AM
Total Posts: 3
...
My pd of Jan 12 (EB3 Row) became current in Jan 14 but haven't been able to file 485 yet. Reasons were confusions regarding my husband's H4 that's being processed outside USA. Finally my lawyers are now preparing the files (485 for me and 824 for my husband for his consular processing) and hopefully will send the forms to USCIS by jan 31st. Does it matter when in Jan one files? Does an application sent in Mid Jan vs End of Jan get processed sooner? What will the impact be if for some reason my lawyers can't send it by the 31st and send it in early Feb? Also, does the application have to be sent by Jan 31st or received by USCIS by the 31st for it to get processed with Jan filings? Any advice will be much appreciated.
Amethyst
1/30/2014 2:09:39 AM
Total Posts: 3
...
In relation to post #6 regarding abandonment of AOS if travel before advance parole is approved, is this true even if one travels on H1 or H4?
Amazon
2/6/2014 2:23:42 AM
Total Posts: 591
...
It does not really matter on which date the application is filed. If you look at the GC tracker, there are many application with PD over 2 years which are pending. There are many steps in the I-485 process. For some people, the steps takes longer.
<<PREV12NEXT>>Page 1 of 2


Rate My Professor Celebrity Net Worth