Case history so far:
1. I-485 was filed in July 2007 (along with the rest of the family) as a derivative of parent's approved EB I-140 - AOS is still pending for all;
2. Getting married to a US Citizen now, and the PD for the original EB application won't become current by then;
3. Starting a new I-130 based application, immediately after the wedding date;
4. Last name will change after marriage.
A few questions of a general nature:
a. Is a medical exam needed again, and is the biometrics fee to be submitted again?
b. Does the original I-485 (EB-based) have to be explicitly "withdrawn", or does it implicitly get canceled upon receipt of the new one?
c. Does a new EAD have to be applied for along with the new 485, or will the old one remain ok (particularly if the original 485 is withdrawn/canceled, and also because of the lastname change)?
And some questions specific to the various forms:
i. On I-130, in section C, Qn.14, state the authorised stay expiration date as the I-94 expiration date (in 2008), or something like "Pending AOS"?
ii. On I-864, Q.21: a=1, b=1, c=1, but h should be 2 and not 3. How to achieve this?
iii. On I-485, in Part 1, should "Current USCIS Status" be "Pending AOS"? And, what should "Expires on (mm/dd/yyyy)" then be?
iv. Also on I-485, in Part 3A, what should be stated as 'final disposition' of the original EB AOS application?
v. For I-765 (if a new one actually needs to be filed), is a filing fee required? (The note in the instructions, "If you filed Form I-485... as of July 30, 2007, no fee is required to also file a request for employment authorization on Form I-765", somehow doesn't make it clear that no fee is required if I-485 was filed AFTER 07/30/07).
Also, any other points or potential complication etc to look out for - please do include in the replies!
Thanks in advance for the help and advice!
1. I-485 was filed in July 2007 (along with the rest of the family) as a derivative of parent's approved EB I-140 - AOS is still pending for all;
2. Getting married to a US Citizen now, and the PD for the original EB application won't become current by then;
3. Starting a new I-130 based application, immediately after the wedding date;
4. Last name will change after marriage.
A few questions of a general nature:
a. Is a medical exam needed again, and is the biometrics fee to be submitted again?
b. Does the original I-485 (EB-based) have to be explicitly "withdrawn", or does it implicitly get canceled upon receipt of the new one?
c. Does a new EAD have to be applied for along with the new 485, or will the old one remain ok (particularly if the original 485 is withdrawn/canceled, and also because of the lastname change)?
And some questions specific to the various forms:
i. On I-130, in section C, Qn.14, state the authorised stay expiration date as the I-94 expiration date (in 2008), or something like "Pending AOS"?
ii. On I-864, Q.21: a=1, b=1, c=1, but h should be 2 and not 3. How to achieve this?
iii. On I-485, in Part 1, should "Current USCIS Status" be "Pending AOS"? And, what should "Expires on (mm/dd/yyyy)" then be?
iv. Also on I-485, in Part 3A, what should be stated as 'final disposition' of the original EB AOS application?
v. For I-765 (if a new one actually needs to be filed), is a filing fee required? (The note in the instructions, "If you filed Form I-485... as of July 30, 2007, no fee is required to also file a request for employment authorization on Form I-765", somehow doesn't make it clear that no fee is required if I-485 was filed AFTER 07/30/07).
Also, any other points or potential complication etc to look out for - please do include in the replies!
Thanks in advance for the help and advice!
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