GC for wife on LIA by USC husband

M

mkvish

Registered Users (C)
Dear Rajiv,

NOTE: I have also posted this on your weekly conference call page. Also posting here, just in case it expedites your response...hope you dont mind.


I am a USC and I have filed a GC for my wife who is currently on an L1A (concurrent 130/485) at the Chicago lock box. We have received the biometrics notice for 10/22. My questions:

1) Is it okay to try to go for a walk-in biometrics appnt ? Does that make it more possible to get an RFE ?I know it sounds like a stupid question, but we would like to be safe, although we would like to do a walk-in and speed up the process (possibly), if it is safe. What is your opinion ?

2) We did not file for the EAD along with the appln. Is it okay to file it now ? Is e-file okay ?

3) My wife's L1A will expire on Nov 23rd. Her company (TCS - TATA Consultancy Services) may file for her extension (it is doubtful at this point), in which case I think she can continue to work on her L1A pending processing of her L1 extension appln, CORRECT ? But if her employer does not apply or her extension does not go thru AND her EAD does not come thru till that point, CAN SHE STAY IN THE COUNTRY based on her pending GC appln ? Also, WHAT HAPPENS TO HER ELIGIBILITY TO WORK ?

Many Thanks,
Mahesh
 
A1: An attempted walk-in for biometrics will not increase your chances of an RFE. There is absolutely no connection between the two.
A2: You can apply for EAD now, however this time you will be required to pay a fee for it.
A3: She can stay in the country based on her pending I-485. It is independent of her EAD application.

mkvish said:
1) Is it okay to try to go for a walk-in biometrics appnt ? Does that make it more possible to get an RFE ?I know it sounds like a stupid question, but we would like to be safe, although we would like to do a walk-in and speed up the process (possibly), if it is safe. What is your opinion ?

2) We did not file for the EAD along with the appln. Is it okay to file it now ? Is e-file okay ?

3) My wife's L1A will expire on Nov 23rd. Her company (TCS - TATA Consultancy Services) may file for her extension (it is doubtful at this point), in which case I think she can continue to work on her L1A pending processing of her L1 extension appln, CORRECT ? But if her employer does not apply or her extension does not go thru AND her EAD does not come thru till that point, CAN SHE STAY IN THE COUNTRY based on her pending GC appln ? Also, WHAT HAPPENS TO HER ELIGIBILITY TO WORK ?
Click to expand...
 
If you apply for the EAD based on a pending I-485, include a copy of the I-485 receipt with the I-765.

Also, the staff at ASC do not have any access to your case or can provide you with any case assistance. If you are accepted as a walk-in at the ASC is usually considered on a case-by-case basis. Plus there is seems to be no connection between doing ASC before the appointment date and speeding up the processing of your file.
 
GC-for-wife-on-LIA-by-USC-husband

Hey guys,
Thank you all so much for your replies.

I should be okay to e-file for the EAD right based on the pending 485 right ?

Just want to make sure there is no payment for EAD for my scenario.

Also, forgot to mention I would end to apply for AP also for her. Any pointers on that for the fee etc. ?

Thanks everyone again.

Mahesh
 
mkvish said:
Hey guys,
Thank you all so much for your replies.

I should be okay to e-file for the EAD right based on the pending 485 right ?

Just want to make sure there is no payment for EAD for my scenario.

Also, forgot to mention I would end to apply for AP also for her. Any pointers on that for the fee etc. ?

Thanks everyone again.

Mahesh
Click to expand...

You cannot e-file since it's free. You have to paper file. And yes, there is no payment. You must attach a copy of your I-485 receipt.
 
You must log in or register to reply here.
Top