Impact of AP application on I485 petition

[afarnti]

Dear All,

I hired an attorney to file I485 and EAD. Then I decide to file AP myself just in case of emergency. This morning I called the attorney to inform her this. She very strongly object it, saying that this might have "complicated consequences" on I485 petition. I tried for five minutes to find out why. She only repeated the objection and said that she could not explain it to me over the phone due to the complexity (!? ). I am suspecting that she is upset because I want to do it myself. but she objected so strongly, which make me wonder if there is indeed some nontrivial consequences. Any comments??

Afarnti

 

[max2k1]

Dear All,

I hired an attorney to file I485 and EAD. Then I decide to file AP myself just in case of emergency. This morning I called the attorney to inform her this. She very strongly object it, saying that this might have "complicated consequences" on I485 petition. I tried for five minutes to find out why. She only repeated the objection and said that she could not explain it to me over the phone due to the complexity (!? ). I am suspecting that she is upset because I want to do it myself. but she objected so strongly, which make me wonder if there is indeed some nontrivial consequences. Any comments??

Afarnti

Its pure BS ... she is only upset that she lost the chance to bill you for big $$ for something very simple.
All you need to ensure was that you enclosed copies of your 485 receipt notice, wrote the A# as in the 485 receipt -- this would ensure that your file would be linked correctly - that's all.

Literally everyone here that has a 485 applies for EAD and AP !!
There is absolutely no "complicated consequences" to doing it -- relax.

On a related note, you may want to think about switching attorneys ... I hate to deal with someone that's so slimy and dishonest for something simple as this.

 

[afarnti]

On a related note, you may want to think about switching attorneys ... I hate to deal with someone that's so slimy and dishonest for something simple as this.

thanks for the comment

I thought about that before filing I485 and EAD. Now it is too late ...
another impression of this attorney is that she only wants (or feels comfortable) of doing things in a particular way. beyond that, she is not very knowledged and often makes a very big deal against any variation....

 

[ginnu]

thanks for the comment

I thought about that before filing I485 and EAD. Now it is too late ...
another impression of this attorney is that she only wants (or feels comfortable) of doing things in a particular way. beyond that, she is not very knowledged and often makes a very big deal against any variation....

------ is she based in MI????

 

[rob8]

That's balony.
I did all my EADs and APs w/o issues.
I once asked an immig. lawyer for AP application and he charged me $400
Did you get a copy of your I 485 apps?
Just make sure the dates are consistent on your EADs and APs apps.

 

[fenglpku]

I have read in the checklist of EAD and AP that I-140 approval notice or receive notice are included. You know, we normally do not have them because it is employer-owned petition.

So can we apply AP by ourselves without I-140 notice?

Thanks

 

[DaG]

thanks for the comment

I thought about that before filing I485 and EAD. Now it is too late ...
another impression of this attorney is that she only wants (or feels comfortable) of doing things in a particular way. beyond that, she is not very knowledged and often makes a very big deal against any variation....

Afarnti,

As Max2k1 said, your lawyer is BS'ing. AP (as well as EAD) is one of the advantages of AOS vs CP that person is not locked up here and has a freedom to go visit family or friends, or simply go on vacation abroad. There is no complexity whatsoever unless you have some history of unlawful presence in the US in the past. It is a common practice to file EAD and AP petitions together with I-485 or it can be filed separately and later.

I understand your reluctance to change a lawyer now since you probably have paid for her services. But my suggestion would be to monitor the situation yourself - it looks like your lawyer is or very greedy or not very professional. So keep reading the law and this forum - don't follow all your lawyer's ideas blindly. AOS is a long process and you definitely want that your case would be presented and to be taken care of professionally.

 

[DaG]

I have read in the checklist of EAD and AP that I-140 approval notice or receive notice are included. You know, we normally do not have them because it is employer-owned petition.

So can we apply AP by ourselves without I-140 notice?

Thanks

AP is based not on I-140 but on pending I-485. So a copy of I-485 receipt notice but not a I-140 is required respectively.

 

[afarnti]

That's balony.
IJust make sure the dates are consistent on your EADs and APs apps.

What are the "dates" that you are referring to?

Thank you all for the suggestions and comments. My attorney is based in LA. I have copies of notices for all applications.

 

[rob8]

Dates like "Date of last entry" on the I765 and "Date visa was issued" on I 485
In my case I haven't left the country when I applied for my 1st EAD so both had the same dates. Little things like that. I'm not really sure if they do cross examination between apps but I wouldn't give them a reason to be doubtful. EAD and AP are a breeze. You just need to check and double-check everything before submitting. If you don't know or have second thoughts of the answer, you acan lways ask anybody in this forum.
Hope this helps