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How far in advance to apply?
- Thread starter TinaTK
- Start date
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I am married to USC, and my H1B ends Sep 2010. How far in advance should I apply for GC before my status ends?
I am breasfeeding our son, and I don't want to do 2 vaccinations that are required. I already got my med exam done, my doc marked "vaccinations not complete" because I don't feel comf. taking these 2 vax, as I said... I could send all docs now, but I am wondering if I should wait 'till I'm done BFing him.
Thanks...
(Sorry for spelling)
Thanks...
(Sorry for spelling)
Jackolantern
Registered Users (C)
Processing time for I-485 based on marriage to a USC is normally 3-6 months. If what you're worried about is maintaining continuous eligibility to work, you would want to get at least the EAD before your H1B expires. They have a mandate to produce the EAD within 90 days of applying, so add a buffer of an extra month and apply 4 months before the expiration of your H1B. That way you're 99% assured of having an EAD or GC before your H1B expires.I am married to USC, and my H1B ends Sep 2010. How far in advance should I apply for GC before my status ends?
Jackolantern
Registered Users (C)
That would introduce a glitch into the process and risk excessive delays and hassles, like if the RFE doesn't arrive in the mail (or arrives after the deadline) and USCIS denies the case for failing to respond to it. Better to just file I-130 alone now, and postpone the I-485 until the medical can be completed, so the medical form can be sent together with the I-485. There is no need to rush to file the I-485, as she has legal status for the next 10 months and will not be subject to retrogression.Send all the papers without medical. USCIS may issue RFE for medical or ask for medical during interview.
Yes risk is there with RFE. And, also with H1. If one is laid off on H1, then it's a big trouble.
I suggested based on assumption that OP likes to delay medical, not the GC itself. And, when time comes, GC will take priority given uncertainty about job market.
I suggested based on assumption that OP likes to delay medical, not the GC itself. And, when time comes, GC will take priority given uncertainty about job market.
That would introduce a glitch into the process and risk excessive delays and hassles, like if the RFE doesn't arrive in the mail (or arrives after the deadline) and USCIS denies the case for failing to respond to it. Better to just file I-130 alone now, and postpone the I-485 until the medical can be completed, so the medical form can be sent together with the I-485. There is no need to rush to file the I-485, as she has legal status for the next 10 months and will not be subject to retrogression.
Jackolantern
Registered Users (C)
Yes, there are risks either way ... if she postpones the I-485 and is laid off she'd have to wait 2-3 months for an EAD before she can work again. Although that might not be a big deal, because if she starts the job hunt immediately after getting laid off it probably will be at least 2-3 months anyway before she has her first day of new employment and has to show the EAD.Yes risk is there with RFE. And, also with H1. If one is laid off on H1, then it's a big trouble.
Ultimately, it's up to her to weigh the pros and cons and decide whether to (1) postpone the I-485, or (2) take the vaccinations now and file the I-485 soon with the medical, or (3) file the I-485 now without the medical and deal with the RFE issues later.
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Processing time for I-485 based on marriage to a USC is normally 3-6 months. If what you're worried about is maintaining continuous eligibility to work, you would want to get at least the EAD before your H1B expires. They have a mandate to produce the EAD within 90 days of applying, so add a buffer of an extra month and apply 4 months before the expiration of your H1B. That way you're 99% assured of having an EAD or GC before your H1B expires.
My concerns are: 1. baby's health (hence no vax), 2. being able to continue working without interruptions & and not letting my status expire.
For I-485 I should know in 3-6mo if it's approved?
Could I send my app. for employment author. now? And then later send papers for GC (I-485+medical, etc.)? Or, are you're saying send them all at once 4 mo. before my H-1B expires?
Better to just file I-130 alone now, and postpone the I-485 until the medical can be completed, so the medical form can be sent together with the I-485.
Got you, so you're saying file them separately.
But, if I have an author. to work and no status, woudn't that mean I am here illegally *with an authorization to work*? Or, does having author to work mean I am here legally?
Without I-485 you cannot apply for EAD.
Got you, so you're saying file them separately.
But, if I have an author. to work and no status, woudn't that mean I am here illegally *with an authorization to work*? Or, does having author to work mean I am here legally?
Without I-485 you cannot apply for EAD.
... and without medical I cannot send I-485. So, if I wanted to apply *just* for EAD (and later I-485), I couldn't?
thomas_psu
Registered Users (C)
So, if I wanted to apply *just* for EAD (and later I-485), I couldn't?
Nope. You need a concurrently filed 485. RFE's for medical is not bad and there are others on this site who have filed 693 separately. But, as Jack pointed out you might risk the chances of your case being delayed (or worse mails getting lost or undelivered leading to abandonment of your case).
Jackolantern
Registered Users (C)
I-130 by itself does not give you any legal status or work authorization. I'm only suggesting to file it early to get that processing out of the way ahead of time, so it would probably be already approved by the time you file the I-485 some months later.Got you, so you're saying file them separately.
But, if I have an author. to work and no status, woudn't that mean I am here illegally *with an authorization to work*? Or, does having author to work mean I am here legally?
Yes. Within that time frame there will be an interview, and usually you will know at the end of the interview if it's going to be approved. But after a successful interview it may be another month or two after the interview before they complete the necessary paperwork and give the final stamp of approval and issue the card, thus pushing the total time frame to 5-6 months. Of course, some people get lucky and it's all completed end-to-end in 2 months, and others are unlucky and theirs lags for more than a year. But 3-6 months is a reasonable estimate if you're neither lucky nor unlucky.For I-485 I should know in 3-6mo if it's approved?
However, the EAD is supposed to be issued within 90 days *by regulation*, and you have the right to get it expedited if it's more than 90 days.
You can, but you'd run into RFE issues.... and without medical I cannot send I-485.
Correct. The EAD will be denied outright if there is no I-485. The I-485 must be filed together with, or before the EAD application.So, if I wanted to apply *just* for EAD (and later I-485), I couldn't?
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thomas_psu
Registered Users (C)
Could I send medical papers without waiting for RFE? Why wait for them to remind you?
Yes you can after you get the NOAs which will have a case receipt number. If you decide to do it that way make sure you use USPS with return receipt (for evidence that it has been sent) and write a cover letter describing your case. The downside is if they dont receive it you might have to resend it again when the send the RFE.
In any case file I-130 immediately.
thomas_psu
Registered Users (C)
I am thinking I will send all docs, including my "vaccinations incomplete" medical envelope... - at least something, right
I am not sure of this. But, this I think will lead to an RFE immediately. If you decide not to send the I-693, then I would say send everything when it is complete. I still think filing I-130 immediately is best (probably get approved in 3-4 months) and you will still have enough time before your H1 expires. Things are much faster now AOS takes about 3 months in most DOs
Jackolantern
Registered Users (C)
Yes, but when would you plan to send it? The RFE may be less than 1 month after you file the I-485, and it likely will have a tight deadline like 30 days (of which 5-10 days may have already been used up in transit). If you expect to complete the medical in the next 1 or 2 months anyway, better to just wait 1 or 2 months and file the I-485 together with the medical.Could I send medical papers without waiting for RFE?
And sometimes when you send the medical after the I-485, you still get the RFE anyway because they didn't promptly process the medical to add it to your file (i.e. it sat idle on somebody's desk for 1-2 months, so they send the RFE without realizing they already have the medical).
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