F1 visa and AP - Urgent

1) Do I need to submit a formal letter for each application (485, AP, EAD)? If so, can anyone provide me with sample letters? I am the primary applicant for my wife and my case is pending in NSC.

No, you don't need any letter. Just fill-out the forms in complete manner.

2) Do I need to submit a copy of I-140 approval notice. I have conflicting information on this issue. Do I need to provide a copy of I-797.

No, you don't need to attach your I-140 for your wife's case. But, as you are applying your wife's case separately, attach your I-485 receipt.

3) Has anyone applied by himself for his spouse’s 485, EAD and AP without hiring a lawyer. Is it OK.

Many people did and got approved. Dependent applications are generally simple. If you know what you are doing, go ahead.
 
What if someone who has a valid AP, applied for renewal, leaves for abroad before the current AP expires and gets the renewed AP while being abroad and the current AP expires, tries to enter US on the new AP (assuming that new AP is mailed to the person)?
 
SKumarD said:
What if someone who has a valid AP, applied for renewal, leaves for abroad before the current AP expires and gets the renewed AP while being abroad and the current AP expires, tries to enter US on the new AP (assuming that new AP is mailed to the person)?
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I read somewhere that sending an AP in the mail is illegal. Also one is not supposed
to leave the country without AP when AOS is pending[except H/L visa holders]
 
SKumarD said:
What if someone who has a valid AP, applied for renewal, leaves for abroad before the current AP expires and gets the renewed AP while being abroad and the current AP expires, tries to enter US on the new AP (assuming that new AP is mailed to the person)?
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By law, before leaving USA you must obtain the AP that you intend to use it for re-entry. If you leave USA with old AP, you must enter USA before it expires.

This article in murthy.com explains all

Favorable Interpretation on Advance Parole
 
pralay said:
1) Do I need to submit a formal letter for each application (485, AP, EAD)? If so, can anyone provide me with sample letters? I am the primary applicant for my wife and my case is pending in NSC.

No, you don't need any letter. Just fill-out the forms in complete manner.

2) Do I need to submit a copy of I-140 approval notice. I have conflicting information on this issue. Do I need to provide a copy of I-797.

No, you don't need to attach your I-140 for your wife's case. But, as you are applying your wife's case separately, attach your I-485 receipt.

3) Has anyone applied by himself for his spouse’s 485, EAD and AP without hiring a lawyer. Is it OK.

Many people did and got approved. Dependent applications are generally simple. If you know what you are doing, go ahead.
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thank you very much guys.....all of you are very helpful indeed.... i have couple of other questions. i feel so embarassed asking so many questions.

1) where should i send my wife's 485, EAD and AP applications?

(i read some where that it should be filed with local USCIS office. My 485 case is pending in NSC but i am living in phoenix now. i orginally applied for my green card (employment based) when i was working in chicago and moved to phoenix few months ago.However my file is still in nebraska and just few weeks ago i was issued a RFE by NSC. Should i send my wife
's 485, ead and AP apllications to local Phoenix office or to Nebraska lincoln? i think i shud send it to nebraska but i am little confused. do u guys know exact addres where i shud send it?)

2) when applying for my wife's green card as my dependent, my old laweyer told me that i do not need to submit affidavit of support .all i need to provide is a letter of employment with some pay stubs? please guide

3) am i supposed to submit I-797 forms when i will apply for my wife's 485 who is dependent on me? my ex-lawyer told me that all i only need to submit is my receipt notice of 1-485. But one member at this forum is talking about submission of 797 forms.

please guide. you guys are so helpful. thank u so much. bhagwan app sub ko kush rakhay.
 
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desi74 said:
1) where should i send my wife's 485, EAD and AP applications?

you should send to the very same service center where your I-485 is pending.


2) when applying for my wife's green card as my dependent, my old laweyer told me that i do not need to submit affidavit of support .all i need to provide is a letter of employment with some pay stubs? please guide

I think opinions differ regarding this issue. Just like your attorney, my attorney also did not submit any affidafit of support for my wife. Just latest tax return + couple of recent paystubs were enough. But I have seen couple of members in this forum who submitted affidavit of support for their spouses (and they got approved too). So I guess both work.

3) am i supposed to submit I-797 forms when i will apply for my wife's 485 who is dependent on me? my ex-lawyer told me that all i only need to submit is my receipt notice of 1-485. But one member at this forum is talking about submission of 797 forms.

Yes, you need only I-485 receipt, not any other receipt or approval letters. Your I-485 receipt is I-797. I am not sure if you are referring to the same thing.
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Appreciate your responses, pralay and fast_gc_seeker
Anyone has any idea how long it is taking for AP renewal these days at TSC?
I applied for AP whose RD is Sep 29, 2004. Haven't gotten it yet.
 
It does seem like AP is required for an F1 holder (with AOS pending) before travelling out, altough some say its a grey area. Better to be on the safe side.

Will update forum if I hear otherwise\anything more on this one.

Thank you all very much for the prompt responses.
 
SKumarD said:
Appreciate your responses, pralay and fast_gc_seeker
Anyone has any idea how long it is taking for AP renewal these days at TSC?
I applied for AP whose RD is Sep 29, 2004. Haven't gotten it yet.
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Check the online processing dates for TSC. I can tell u its around 10-30 days in VSC.
 
As an update, I spoke with a prominent lawyer and he said F1 with AOS pending needs an approved advance parole. The risk is very high to travel without it.
 
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