Hi all,
I have a unique situation - If priority date (Jan 2011) is before Final action date as per latest visa bulletin and the person is filing concurrent i140 (Premium) and i485, what kind of timeframe should he/she be looking at for receiving GC in hand ?
Does one really need to file for AP and EAD in this scenario if expecting GC to be issued in a few months ? Am I missing anything ?
TIA.
If you don’t plan on travelling using AP (have non-immigrant visa or can go for stamping if needed) and maintain your non-immigrant status for employment purpose, you may not apply for AP/EAD if your date is current.
Hi Kalpesh,
Thank you for your reply.
I know most probably I am in a minority to think whether AP & EAD are truly necessary.
Do people usually file for those two because PD is before filing date but not before Final action date?
In such a scenario there is a potential large gap of time that may exist between filing date of AOS and the date of receving the actual green card. So they apply for AP and EAD to gain flexibility for travel and employment during that gap. Is my understanding correct ?
In my scenario, PD is Jan 2011 so AOS is eligible by filing date and final action date both, the latter one being more important.
Lets say if I apply for AP & EAD, realistically speaking AP EAD will take 6 months on an average to come and in a couple of months more the green card itself can be expected to get issued. So basically the potential use for AP EAD is for those few months in between.
Am I missing anything ?
And like you said if travel is absolutely required h1b backup can be used. Also if one wants to apply for AP I can always file it later while i485 is pending without filing fee.
Yes.
Correct.
EAD comes in handy if in case your GC gets delayed for whatever reason and if you fall out of H1B status, say a job loss etc. In such scenario you can use EAD for employment without going back to non-immigrant status.
If you plan on maintaining H1B and if your extension is coming up soon, talk to your attorney to check your eligibility for 1 year H1B extension as your PD is already current.
Access your situation and take decision based on that if you need AP/EAD or not.
Thanks again Kalpesh.
Just so that I am clear on the h1b extension point, is that some special clause you are referring to for people whose PD is current or just the post-6th year of H1b extension (based on i140 approval) ?
This is 106(a) of AC21, where by extension of status may be granted in 1 year increment for beneficiary who have their PD current but not able to adjust status.
Thank you again Kalpesh
Hi Kalpesh
Do you know if there is any fee required by USCIS if candidate files I765 (for EAD) on the basis of an already submitted I485 which is pending ?
Is there any thread outlining the steps for self filing of I765 application on am22 ?
Thank you so much
No fees.
Thanks Kalpesh. The No fee under c(9) category hold true even if I765 is not filed together with I485 filing correct ?
Thanks so much for tool This is awesome.
Hi Kalpesh
Sorry I have a small confusion again!
Am I reading it right that the no filing fee under c(9) when I485 is pending is for renewals?
What if someone is applying for I485 EAD & AP first time? If its for both cases can’t they just make it clear.
Why does USCIS have to make this so confusing!