Help - I-140, I-485, EAD, travel issues HELP!

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veryfrustrated

Registered Users (C)
I think I may have posted this in the wrong place initially ...
I'm so glad I found this forum. I am so sick of the waiting and confusion - I need help!

My L-1 visa (executive transfer) expired in Jan this year. Previous to that our lawyer filed for an L1-renewal for which we recently recieved an RFE (finally!). At the same time, he filed for and EAD for my husband based on his L2 status. We've also just received the RFE for that but it's asking for stuff we don't have because the underlying L-visa renewal is still in process and the previous L-visa has expired.

Last November the lawyer also filed an I-140. We got an RFE for that also and responded mid June.

My questions are:

Should our lawyer have concurrently filed the I-485 with the I-140?
Are there any drawbacks to filing concurrenlty?
The lawyer said he did not do it because he heard that in concurrent filing cases, if the I-140 is not approved, you don't get the chance to appeal and the BCIS starts deportation right away(?). I am sick of all the delays, especially when I see on this site that I-485 cases could take years (he said the whole green card process should only take about a year even with sequential filings). Can I still send in our I-485?

Also, due to a major screw-up, my husband's original EAD petition from 1.5 years ago was deemed as abandoned. As I mentioned we did re-apply for his EAD with the L-1 renewal in Jan of this year (see above) but we need to get him and EAD ASAP - not having that doc (him not being able to work) has created big problems for us.
I've heard that we can get a temp 90-day EAD - under what circumstances? Does our situation fit them? Would it be based on the L-visa petition or the I-140? Or should we be filing the I-485 for this to be more easily available?

Also, while I'm at it - how can I travel? My business out of the US has really suffered (Canada) as my lawyer has advised not to travel until visas approved and I get a different answer every time I call the BCIS cust service line?

BTW. Given we've sent out I-140 RFE response in mid June, how much longer can I expect to wait for a response?

I am so very frustrated by this process - I appreciate any answers all of you more experienced folks can provide.
 
Take it calm and things will work out. First of all, there are some confusing points in your queries...

You have not applied your I-485, (then how did you apply for EAD)...My understanding is that you are entitled for a EAD only when your 485 is pending....

If you file your I-485 and the petition is pending for over 90 days, you could go to a local INS office and get an i-EAD (interim EAD) which is valid for 240 days. You might have to check with your local INS office on this (as this is different in different offices...some of them give it rightaway with the receipt of 485 and some of them ask you to come after 90 days of 485 filing).

Regarding response to the 140 RFE and its outcome, it is different in different service centers. Its just luck...you just have to wait and hope for the best.

Good Luck.

Hope things work out for you. But I am still confused as to how you could apply for a EAD without filing your I-485. Am I missing something here???

Any other thoughts...???
 
an_anonymous:

“Hope things work out for you. But I am still confused as to how you could apply for a EAD without filing your I-485. Am I missing something here???”
---- I hope she applied EAD because L2 can get EAD without filing I-485, H4 can’t get EAD, for L2 the law was passed last year that they can work and get EAD
 
Thanks for your response.
You are correct - my husband's EAD is based on his L2. But, our lawyer *NEVER* told us that he could get a temp EAD. We repeated asked about this and waited ALL of last year to INS to process without success. Then started again this year when we applied for L1 renewal/ L2 in Jan. It took 4.5 months for them to RFE us and still no one told us we could have gotten one 3 months after the receipt notice. Is this negligence on the partof our lawyer? Now he's been RFE'd he still can't get one because the clock starts ticking again for another 90 days after they get the evidence from us? :(

I am frustrated because it's been 1.5 months since the RFE request and I see from the BCIS status they have not rec'd a response. Our lawyer insists he sent one a month ago and the BCIS is just inefficient at updating their status. I am very suspicious of his assertion but am not sure what to do. Any suggestions? Could he be correct? I have a growing uneasiness about our lawyer but don't know what to do as he insisted we pay ALL his fees up front.

Also, you say that if he had filed the I-485 we could also have gotten an EAD based on that? Is there any disadvantage to filing the I-485 concurrent with the I-140? Why would he not have done this?

Thanks so much for your feedback!
 
ginnu,

thanks for enlightening me on the fact that one can obtain a EAD via L2. I wasn't aware of this.

veryfrustrated,

Regarding filing I-140 & I-485 concurrently, there is absolutely no problems. Some attorney's have their reservations on this. There are lot of people who have successfully done concurrent filing and got their 140s approved. By virtue of concurrent filing, you become eligible for EAD. BCIS does a preliminary check on concurrent filing to avoid any frivolous filings. The only fear that many have about concurrent filing is that if your I-140 is denied for any reason, the other applications (485, EAD, AP) will be denied too.

I guess, you could still file your 485 and file for EAD. Since you have already responded to the RFE for I-140, you might be getting an decision soon on it (there are lot many instances wherein people have got approvals on replying for RFEs).

The bottomline is you can file your I-485 and EAD now. EAD processing times are based on the Service Centers. I am not sure, why center you are....Vermont is processing EAD applications receipted in May 03. So check out. California is slow but they provide i-EAD after 90 days of filing.

Good Luck.
 
an_anonymous:

Thanks for your response.

We are in AZ so would have to file through CA office. What is an i-EAD?
Also, I got the impression we could file EAD paperwork through local districk office as well? Is this true and would you know the pros/cons?

Thanks!
 
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