I-485 waiting game ...

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EB3_kp

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I've been a long time reader of this forum but never chose to participate since whenever I had a question, someone else had already probably asked it in the past and and answer given. These forums are amazing and a ray of hope for those in that dreadful waiting game. Here's my story ...

I started this whole process back in 2002 and got stuck in the LC process which took forever! I gave up on it really ever since the case went to the BEC's and decided to move on with my life. However, Dec 2006, I got a surprising email from my attorney stating that my LC was approved. We immediately applied for the I-140 with premium processing as my H1-B was about to expire and with an approved I-140 I was eligible for another 3 years (I was already on my 6th year at that point).

After receiving my I-140 approval and consequently my H1-B approval, there was yet another waiting game. With a priority date of 05/01/2003 EB3 I could only wait. However things looks a little brighter as I had been married in 2006 and my wife is from the ROW category which by the country of chargeability law allowed my to now file in the EB3 ROW category since I was adding her onto the application. Our priority date became current as of May 1st and we filed our I-485's, her EAD and AP. The attorney's have sent the paperwork out on May 25th 2007 but we have not received a receipt notice as of yet. I am on H1B so I figured it was better for me to stay on that until the AOS is done.

Here's my question, what should we expect as far as time frames? I see a lot of cases being approved but their I-485's seem to been filed concurrently with the I-140's with RD's back in 2003 and 2004. My RD will probably be sometime in June 2007?

Should we expect FP, biometrics appointments soon and since we are in the ROW category is it safe to assume that visa numbers should not be a problem for us and we would not have to wait until Oct 1st? All so confusing .. can someone please shed some light?


Finally, my wife is here on H4 right now. We sent in an application for her EAD and AP but her future employer also has applied for her H1B. With some luck, I don't know how, she was picked in the lottery and has been approved for H1B. Is it safe for her to travel back home to her country to get the H1B visa stamp at the consulate and come back to the US as H1B with the I485 process still pending? We don't HAVE to use her EAD and AP if and when approved right?

thank you ... good luck to everyone and trust me ... waiting patiently does help and payoff at the end of the day.



PD: 05/01/2003 EB3 India [after marriage EB3 ROW]
LC Approval from Bec: 11/30/2006
I-140: 01/25/2007
I-485: docs sent 05/25/2007 no RD yet.
 
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