I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.
Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?
Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?
Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?
Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?
Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?
Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?
Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?
Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?
Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks
Answer 2: A visa stamp is NOT required. Proper status only is needed.
I would like to say a great thank you to Mr. Rajiv's team--Rita, Ursula, Sushila, Pramita, Roopa, and Suman, Mathew. I-140 has approved and waiting for I-485.
I am very greatful and obliged to Prerna, Mathew, Rajiv and his wonderful staff from bottom of my heart for being with us through this entire procedure.
Thanks is a very very small word to show our gratitude to you.
I got my I-140 approval in 1 day and I-485 approval in 6 months with no RFE's.
I proudly say that one of the best decisions we made was to choose Mr.Rajiv's firm for our immigration matters.
At the end of the day, that we were in safe hands and it worked out absolutely well.
It only happenned because of the excellent paperwork and guidance done by Prerna and Mathew.
Mathew and Prerna has always dealt us with patience and almost immediate prompt emails answering our indefinite questions
and provided comforting words, that they will take care. It was overwhelmingly good.
Several times,I was really AMAZED at how Mathew can respond to emails and phone calls in spite of his busy schedule in this busy month July.
I thank again Prerna from bottom of my heart for being my saviour through this entire process and making the experience very friendly.
I would recommend any one going through immigration process, to choose Mr.Rajiv and his team, for they are excellent in handling the cases, as well as very prompt and caring as they take up cases very personally and work through it, to set everything right. This would help the case to not reflect back with RFE's.
May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE.
Rajiv ji , you and your staff are the best of the best.
The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.
Thank you very much for providing legal advising regarding filing of I-485 for my wife. I appreciate the value of the advice you provided and your promptess regarding the same. I have alwayas been impressed by the quality of work put in by your staff at all stages.