I-485 process, EAD, REF, FP, PD - questions.

E

egalu

Registered Users (C)
New to this forum have some pressing questions. Thanks in advance.

(1) Does my priority date (PD) have to be current to apply for I-485?
(2) What is REF, EAD, FP?
(3) Do I apply for employment auth while I apply for I-485?
(4) Does I-485 approval mean Emp Auth or is that something prior to this?
(5) How long (approx) for I-485 approvals in VSC?
(6) I am filing for LC RIR-EB2 in 10/2000 and my 6 yr H1 expires 5/2002 (1yr,7mnths) - How are my chances to make it through to a I-485 approval
(7) Not related to this forum, but does my I-140 filing and processing have anything to do with my PD or is it only the RD for that I-140?

Thanks much.
 
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Answers
1) Yes
2) RFE : Request for/Require further Evidence
   EAD : Employment Authorization Document
   FP : Finger-Printing
   AP : Advance Parole
3) You may. Or You can apply later on.
4) I-485 Approval means you have been alloted an Immigrant visa.
   This is an employment Authorization by itself. Normally people
   talk about Emplyment Authorization after applying for I-485, but
   before it is approved
5) Depends, but 15 months (right now) may be a reasonable average.
6) You may not get your I-485 approved in 1 1/2 years, but you MAY be
   able to apply for the same, which will ensure that you do not have
   to leave the country.
7) No, filing & processing for I-140 has nothing to do with your PD.

Hope this helps....
 
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Thank much Govinda for the reply, that helps a lot. Some more though ..

(4) Yes, I-485 is an Emp Auth in itself. Your second sentence gives me the impression that Emy Auth can also be gotten before I-485 is approved. True? If so how?
(5) Is that 15 months from the PD or from the RD for I-485? (Reading this forum gave me the impression about 4 months from RD for I-485).
(6) So once I apply for I-485 and get a RD for it and if my H1B expires, I am allowed to stay in the country till I get the Emp Approval and go back to work again?

Thanks much again. You\'ve been a big help already.
 
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Hi,
    I-485 is you application/petition for your Green Card. Once that is approved, as you know, you do not require any further employment autorization.
    The Emp. Auth. that people are talking about is generally what is know as the EAD. This can be obtained by one of 2 ways. One is to apply for the same (form I-765) while you are applying for your I-485. The other way is to use the same for to apply for it at your Nearby INS (District) office, but this can be done only after you get your acknowledgement for the I-485 that you filed from the INS Service Center whaere you filed. Different INS district offices may have (slightly) varying formalities for issuing the same.
    The 15 months is generally from when you apply for your actual Green Card, i.e., I-485, and not from your PD.
    Yes, once you apply for your I-485 (the INS receives the same), you can LEGALLY stay in the U.S. until that is adjudicated. You do not have to worry about another status like H-1B. And you can work legally as long as you get an EAD, even your other status (like H-1B) expires....
    I hope I am clear enough....
 
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Crystal Clear Govind.

One last one - How long does a I-765 take to be approved (ie. EAD) if applied with I-485?
You sure do have a thorough knowledge in these matters.
Thanks Again for your response!
Grateful ..
 
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It is supposed to take about 60-90 days, if applied at the Service Centers. Different District offices take different times. You can look up http://www.shusterman.com/ and click on "Processing times" on the left, to get a better idea about your particular Service Center and/or District Office. It may also be a better idea to find out from the district office about their procedures/formalities before making a decision to apply for the same at one of the 2 places. But you should remember one IMPORTANT point. Once you apply to a Service Center, and for some reason decide that you need and an EAD before it gets approved from the Center, and go to the District office, they will refuse to accept your application, as they (the INS in general) does not entertain DUPLICATE applications. The scenario may seem strange to you, but I have landed in such a situation.....
 
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