I485 and AP issues

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kclee60

Registered Users (C)
My company lawyer has just filed 485 and AP at the same time. ( both me and my wife) I got my labour certification i think around Sept of last year.

Does anyone know how long it takes to get a receipt upon filing 485 and getting AP? And once AP is received, how long will it take to get the GC?

My company lawyer is not very cooperative and I have a hard time trying to get him provide me details.

My next problem is I am thinking of heading back Asia for a short vacation in May/June. My wife is on F1 and she needs the AP approved before she can travel, right?. Does anyone knows if both me and my wife can leave US for a vacation and is there any chance of us getting our AP in May? If we cannot get our AP approved by May, is there any way we can leave the country and return without a hitch?

Any replies is highly appreciated.

Thanks in advance.
 
Before the concurrent I-140/I-485 filing started, the receipts normally took 2-3 months. It may have changed now.

My guess is that the I-140 approval would take 6-8 months and the I-485 would take 12-18 months now. GC is obtained upon I-485 approval.

She can travel on a valid I-20 and a valid F1 visa but could face problems on re-entry because of GC intent. If she travels on an AP, she must obtain it before she leaves the US. AP takes 2-3 months now. Without an AP, it is not safe to travel in the light of the current security measures.

Good Luck!
 
Help - I485 and AP

Thanks Upstake. But pardon my ignorance. What is I-140? I dont think I receive any forms from my corporate attorney for this form. Only 1485 when he told me my labour certification is approved.

Can I go ahead and apply for AP now that my attorney has turned in my 485 application to BCIS?

I really need to head back China but I am not sure if I can get the AP by that time.

Any info on this will really put my nerves down :-)

Thanks guys.
 
I-140 is the petition for Immigrant Worker. The whole GC rests on the approval of I-140. I-485 is the Petition for Adjustment of Status that is based on the approved I-140. Ask the lawyer to give you copies of all documents filed (Labor Cert Appl, Labor Cart Approval, I-140, I-485 etc).

Either you can or your lawyer can file the AP on your behalf.

If you have a valid H1 Approval Notice and a valid H1 visa, you can certainly travel. NOT for the F1 visa holder though because returning F1 students with immigrant intent will be barred from re-entry. I guess AP is the only option.

Good Luck!
 
I filed I-485 and I-140 concurrent on March 11 2003, and received the receipts from Vermont Center on April 7, 2003. My attorney told me that it takes about 3-4 weeks to get receipt notice, and 3-4 months to get EAD/AP approved.
 
I think once F-1 student used AP to enter, he/she will no longer keep the F-1 status.

Yes, I think your company filed your I-140 and 485 at the same time. I-485 can not be approved without first approve your I-140.

Please check the web-site http://immigration.sina.com/sina-immigration/ before you make your decision. This is a Chinese web-site, sorry for others.
 
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