I485 file or defer?

[tusharvk]

Debating whether to file 485 or postpone it.
PD becomes current come Jul 1, 11. I140 is already approved. Would be an exciting piece of news, right. A few issues.

1) need to travel overseas late august. AP can't be obtained in time for that.
2) may miss FP appointment due to the overseas travel.
3) medical situation might entail a dependent to be abroad till December.

What is recommendation? file 485 now or defer until december when the whole family is in the US? or should the dependent who is overseas opt for CP?
(I do understand all the benefits of filing now)

 

[ginnu]

Debating whether to file 485 or postpone it.
PD becomes current come Jul 1, 11. I140 is already approved. Would be an exciting piece of news, right. A few issues.

1) need to travel overseas late august. AP can't be obtained in time for that.
----- don't you have valid H1 Visa stamp to enter US?
2) may miss FP appointment due to the overseas travel.
------------ Don't know the length of your trip. one can request to reschedule the FP
3) medical situation might entail a dependent to be abroad till December.
------ why that dependent cant go out After filing I-485 and once gets AP in hand?

What is recommendation? file 485 now or defer until December when the whole family is in the US?
------nobody knows that your PD will remain current in December
or

should the dependent who is overseas opt for CP?
---Cant the dependent come to US now to file I-485 and then leave US after gets AP?
(I do understand all the benefits of filing now)

-----------------------------

 

[Jackolantern]

If you're planning to travel before filing the I-485, and then to file I-485 after reentering the US, presumably that means you have an H1B or L1 visa. If that is the case, there is no need to delay your own I-485 filing; you can file the I-485, and leave the US right after USCIS receives the I-485, without caring about AP. Apply for AP after you return to the US.

If you have H1B or L1, your dependent (spouse? child?) can get H4 or L2, enter the US to get the medical done and file the I-485, and then leave the US again without AP because they have H4 or L2.

 

[tusharvk]

Thank you folks for your replies.
It seems the recommendation is to not defer.
Valid h1b yes for me and h4 for dependent.
I can secure AP for self and dependent will have h4.

The point of concern is that if I & dependent file now (140 is approved and medicals can be done before filing 485 also), dependent has to postpone the FP appointment due to extended overseas stay. (can't re-visit to do FP).
1)can we repeatedly defer the FP appointment until december?
2)I can get FP done here; but can the dependent do this overseas?
3) if I get approved before december, haven't a clue what happens to dependent if they don't have AP?

Let me also check about the CP for dependent and AOS for self. Is there such a thing?

 

[BigJoe5]

Thank you folks for your replies.
It seems the recommendation is to not defer.
Valid h1b yes for me and h4 for dependent.
I can secure AP for self and dependent will have h4.

The point of concern is that if I & dependent file now (140 is approved and medicals can be done before filing 485 also), dependent has to postpone the FP appointment due to extended overseas stay. (can't re-visit to do FP).
1)can we repeatedly defer the FP appointment until december?
2)I can get FP done here; but can the dependent do this overseas?
3) if I get approved before december, haven't a clue what happens to dependent if they don't have AP?

Let me also check about the CP for dependent and AOS for self. Is there such a thing?

You can proceed and your dependent can use "follow-to-join" benefits.

 

[tusharvk]

You can proceed and your dependent can use "follow-to-join" benefits.

ok. so, assuming the GC is approved by December (long shot), the dependent who is abroad can't make it back to US.

If GC is not approved, then the dependent can be added to 485 when back in the US?
is this f-t-j benefit you are talking abt? Only catch will be that h1b will have to be renewed so that the dependent can come back here. If the dependent is added ftj like this, will we get the benefit of my earlier "receipt date"?

In either case, I am not sure what the benefit will be for me to get the 485 in at this time; spend more money and get ead\ap for me; but have to get h1b stamp for my dependent to make it here in december. sorry for the weird question.

 

[Jackolantern]

ok. so, assuming the GC is approved by December (long shot), the dependent who is abroad can't make it back to US.

Once your GC is approved your dependent won't be able to return with an H4. They can return via CP follow-to-join, but that would take a number of extra months, during which if there is retrogression it could turn into a much longer wait.

If GC is not approved, then the dependent can be added to 485 when back in the US?

If your GC remains unapproved, and your dependent's H4 is unexpired, they can use the H4 to enter the US at a later date and then file I-485. But that's only if your priority date remains current.

In either case, I am not sure what the benefit will be for me to get the 485 in at this time; spend more money and get ead\ap for me; but have to get h1b stamp for my dependent to make it here in december. sorry for the weird question.

If you don't file the I-485 in July, you run the risk of retrogression. What is your PD and country or category? If you're in EB3 ROW, the risk of retrogression would appear to be low (although anything can happen). But if you're in EB3/EB2 India or China, the dates are more volatile and you should do what you can get both I-485's filed in July.

The FP notice is usually issued within a month after filing the I-485. Is it impossible for them to stay in the US just for the 3-4 weeks needed for FP?

 

[tusharvk]

Thank you for your reply again.

Yes EB2IN.

I am also converging towards the option of filing now (approval likelihood is relatively low at this time due to many having prior RD).
The only concern is that the dependent may not be here if in the very unlikely scenario that the GC were to reach approval stage by December. What then?

 

[Jackolantern]

With an already-approved I-140, approval is not unlikely before December if you file your I-485 in July and there is no retrogression. If that happens, you'd file I-824 to initiate the follow-to-join proceedings, and then she can immigrate in another 3-6 months ... unless there is retrogression that extends the wait much longer.

 

[tusharvk]

If that happens, you'd file I-824 to initiate the follow-to-join proceedings, and then she can immigrate in another 3-6 months ... unless there is retrogression that extends the wait much longer.

that will be a problem and hence the ambivalence.
may be I should look at CP for myself and my dependents.

Thank you for all the inputs.

 

[ginnu]

that will be a problem and hence the ambivalence.
may be I should look at CP for myself and my dependents.
---------------- If you Primary are thinking of CP then you should know that with CP no AC21, No EAD, no AP and if denied then no appeal and Consulate or Embassy will also need latest Notarized job offer letter from Employer. If possible go for I-485 for you and all the dependents. USCIS can reschedule FP one or second time if you have valid Reason . your dependents should be in US to file I-485 and to do the FP. If they have valid H4 visa or Valid AP (that was approved while they were in US) and GC gets approved they can use H4 or AP for Entry to US or if the GC is sent to your address you can send them Green Card and they can use the GC for entry to US.
Thank you for all the inputs.

-------------------

 

[ginnu]

Thank you folks for your replies.
It seems the recommendation is to not defer.
Valid h1b yes for me and h4 for dependent.
--------------That is OK
I can secure AP for self and dependent will have h4.

The point of concern is that if I & dependent file now (140 is approved and medicals can be done before filing 485 also), dependent has to postpone the FP appointment due to extended overseas stay. (can't re-visit to do FP).
1)can we repeatedly defer the FP appointment until December?
------- They send FP normally after 30-40 days after the I-485 filing receipt and one can request for second FP notice.
2)I can get FP done here; but can the dependent do this overseas?
---------------------- FP is done in US
3) if I get approved before December, haven't a clue what happens to dependent if they don't have AP?
-------- If your GC is approved and dependents I-485 was filed at same time then USCIS normally approve the GC for all the family. Suppose your GC is approved and dependent GC is approved while they are out of US then they can enter with H4 valid Visa or valid AP or send them GC and can enter with GC

Let me also check about the CP for dependent and AOS for self. Is there such a thing?

---------------------------

 

[Jackolantern]

that will be a problem and hence the ambivalence.
may be I should look at CP for myself and my dependents.

Bad idea. You need to file I-485 at least for yourself, to get some protection from retrogression and to be able to use AC21 if you want to or need to change jobs.

What is preventing your dependent(s) from staying in the US for 1 month to get the I-485 filing and FP done?

 

[tusharvk]

Bad idea. You need to file I-485 at least for yourself, to get some protection from retrogression and to be able to use AC21 if you want to or need to change jobs.

What is preventing your dependent(s) from staying in the US for 1 month to get the I-485 filing and FP done?

ok. The issue is not that they can't stay for one month; the question is whether one month is enough for FP.
Medical situation is a valid enough reason to not be able to do FP for dependent.
Let us assume that the 485 gets filed; but we can't get one of the dependents' FP done due to their departure overseas. What then?
Will the cis approve gc for me and thereby rendering the dependent whose fp could not be done to be stuck outside the US waiting to do f-t-j?

 

[ginnu]

ok.
The issue is not that they can't stay for one month; the question is whether one month is enough for FP.

******* USCIS is NOT going to give you a date now that FP date for XYZ is on date......
------ The FP notice is sent 20-25 days advance of FP date. once you get the FP notice for dependent then he/she should come to US for FP. if already in US then go after completing FP.

Medical situation is a valid enough reason to not be able to do FP for dependent.
---Yes, Hospital or Doctor letter needed to reschedule FP. GC cannot be approved without going for FP.
Let us assume that the 485 gets filed;
but we can't get one of the dependents' FP done due to their departure overseas. What then?
--- the person who did not go for FP his/her I-485 or GC will not be approved. One has to do the fingerprints for I-485 approval.
Will the cis approve gc for me and thereby rendering the dependent whose fp could not be done to be stuck outside the US waiting to do f-t-j?
----- if eligible USCIS will approve the GC for all who provided all the documents, paid fees, done FP. for the other person who cant come to US for FP you can do F-T-J
------- FYI the person who is going through FTJ or through Consulate Interview will also have to complete the Medicals and have to get Police clearance from Nearest Passport office and from nearest Police station. you have not posted what is the medical reason of that person and why the person cant come to US for FP. If the Person cant come to US to file I-485 and to do FP then how the person will be able to come to US once gets GC??

-----

 

[Jackolantern]

ok. The issue is not that they can't stay for one month; the question is whether one month is enough for FP.

It usually is enough. The FP appointment date might be one to three weeks after the FP notice is delivered, but usually the FP notice is delivered within a month after the I-485 filing, and once you have the FP notice you can do a walk-in before the appointment date.

Medical situation is a valid enough reason to not be able to do FP for dependent.

It's a valid reason to get the FP rescheduled, but not exempted. Sooner or later the FP must be done.

Let us assume that the 485 gets filed; but we can't get one of the dependents' FP done due to their departure overseas. What then?
Will the cis approve gc for me and thereby rendering the dependent whose fp could not be done to be stuck outside the US waiting to do f-t-j?

Yes, they'll be stuck overseas and be forced to wait for FTJ processing through the consulate.

 

[tusharvk]

Thank you for the response. Gives me info from all angles. dependent need to be overseas until december; after than can return to US.
The current I485 proc time avg 4.1 months (assuming PD stays current and no RFE gets issued); not enough time for all dependents to return to US.
Will the USCIS issue GC only to those who are presently in the US? so the overseas dependent will not have any avenue to come to US even after FP is done, correct?

It usually is enough. The FP appointment date might be one to three weeks after the FP notice is delivered, but usually the FP notice is delivered within a month after the I-485 filing, and once you have the FP notice you can do a walk-in before the appointment date.


It's a valid reason to get the FP rescheduled, but not exempted. Sooner or later the FP must be done.


Yes, they'll be stuck overseas and be forced to wait for FTJ processing through the consulate.

 

[Jackolantern]

Will the USCIS issue GC only to those who are presently in the US? so the overseas dependent will not have any avenue to come to US even after FP is done, correct?

They must be in the US when the I-485 is filed, and for fingerprints, but with H4 or AP in hand they can leave the US and wait for GC approval (provided they don't stay so long that the H4 or AP expires).

If the GC is approved when they're abroad, you can send the GC to them or they can return with the H4 or AP. If returning with H4 or AP, the POE officer will realize their GC is approved and will stamp their passports accordingly.

 

[Jackolantern]

If you're going to bring them to the US in July for the I-485 filing and fingerprinting, make sure to have their I-485 filed together with yours. Because if you first file yours alone, you'll need to wait for the I-485 receipt before you can file theirs.

 

[tusharvk]

If you're going to bring them to the US in July for the I-485 filing and fingerprinting, make sure to have their I-485 filed together with yours. Because if you first file yours alone, you'll need to wait for the I-485 receipt before you can file theirs.

Thank you. Dependents can file 485 and may be able to do FP if it happens in time.
The only problem is that they will not be able wait till approval. 485 can be filed together.
Afterwards, they depart and will not be able to return till december. If GC is approved, will the cis not require proof of physical presence in the US for them? (They will not have enough time to have AP in hand). Then how will they be able to come back to US? Because as I understand, their h4 is tied to my h1b and therefore, no h1b= no h4. So, whether they have done FP or not, they have to do FTJ?