Questions regarding I-485
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.
This is to share my experience with all of you who are anxious about various issues with immigration processes. We recently contacted Rajiv's firm for guidance in our case. I consider myself very forthright when it comes to my opinions and valuesystem. My small step of seeking their assistance led to great strides in terms of my confidence and optimism. I mean it. I personally feel the consultation with Rajiv has tremendously helped get clarity and direction. Normally we are vary of approaching attorneys with our ignorance regarding the legal issues. Interacting with different levels of knowledge and on diffrent planes of understanding is normally not very comfortable. All such discomfort was dispelled in my very first consultation with Mr Khanna. I felt he is a professional with a sensitivity towards naive clients. I felt he showed a very authentic and a genuine concern to understand where a person is coming from. That human touch sometimes has a huge bearing on our sense of hope and life in general. Expertise, knowledge in just hands, with a nice human being. With a competent and an understanding individual at the helm one would be in stronger starting place to pursue one's objectives. I vouch for that. His team members Suman Bhasin, Leslie, Chengappa also are competent, courteous, and prompt. I am happy to associate with them.