Guestbook Entry for Sunil, United States
Name
Sunil
Country
United States
State
VA
Search
Questions regarding I-485
Question details
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.
Can EB-2 Approved File For EB-3
Question details
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Watch the Video for this FAQ: Can EB-2 approved file for EB-3?
Video Transcript:
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
June 21, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Substantial transcription for video
Discussion Topics, Thursday 21 June 2018:
FAQ: Changing jobs after I 140 approval || Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A? || Can an employee withdraw an H-1B petition? || How to add forgotten information on to a naturalization application/N-400? Other: Changing jobs when an appeal to the Department of Labor (BALCA) is pending || Trading stocks while on H-1B or H4 status || Changing from H-1B to F1 status and back to H-1B again || How to extend my I 94 within the USA? || Obtaining EB2 with a three year degree || Procedure after a denied PERM is approved || Validity of I 140 after I 485 denial || Minimizing the future impact of an L-1A denial || Exemption from H-1B quota where visa is stamped but never joined the employer || WHD complaint against employer || Green card processing times || Receiving pension after surrender or loss of green card || Challenging wage levels determined by an employer || India EB-1 priority dates || Traffic violations in N400 || Checking status of PERM, etc.
I-485 FAQ
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.