I-485

[nonoxph]

I just received email from USCIS. My NIW has been approved yesterday. What a relief.

I have now had several questions need your help.
1) I filled I140 (OR)/I-485/AP two weeks ago. since I filed I-485 with my OR not NIW, is it safe for me to work in the different company with EAD?
2) My husband plan to work for one year in China from this May. Is that safe for him to leave USA before he get his AP? Is there any trouble for him to reenter USA with his AP without approval of our I-485.
2) My husband has H1-B but his job in US will end at this month. If he want to stay in US for one more month without applying for H4, will his status legal?


Thank you very much for your advice.

Nono

 

[outletvolt1]

Congratulations. Can you please tell us your dates please ? RD/ND/Approval Date/RFEs if any/LUDs ?

 

[ps19]

i am in the same position. MY NIW was recently approved . However , i filed I 485 with OR just a week before NIW was approved. I am wondering is it is safe to change 485 from OR to NIW. I have been told that i should file for a new 485 for NIW just to be safe. What are your thoughts

 

[rdip]

i am in the same position. MY NIW was recently approved . However , i filed I 485 with OR just a week before NIW was approved. I am wondering is it is safe to change 485 from OR to NIW. I have been told that i should file for a new 485 for NIW just to be safe. What are your thoughts

I would rather be SAFE than SORRY ...whats the hesitation in filing a new one anyways??? its just the filing fee (and I am sure any reasonable attorney is not going to charge you legal fee again as all paperwork from the previous filing is already ready to go). If filing fee is the factor...do yourself a favor AND OVERLOOK IT. (BTW, make sure its alrite to file TWO 485's though...if your attorney suggests filing TWO is OK... you should file another one with NIW)
BTW, you understand that its because of the NIW category that you do not want to take any chances ... I do not want to rain on your parade... but I have heard of atleast one case where an appoved NIW case was
re-opened on BCIS motion... (I hope the decision was not reversed). So in other words it will make sense not to switch your 485 from another category to your NIW.
Best Wishes