Need Info Regarding TimeLines for GC filed through Marraige to US Citizen

S

shahpr787

Registered Users (C)
Hi,

I was looking at a few threads in this forum regarding timelines when a GC is filed through marraige.

Below is my situation.

I am currently on H1B visa and got married to a US citizen last month in India. I just filed all the forms through my lawyer:
• I-130, Petition for Alien Relative
• Data sheet for Form I-485
• G-325A, Biographic Information
• Form I-864 : Affidavit of Support Under Section 213A of the Act

Now my lawyer initially had said before (a month before) that within 30 days I would get my EAD after filing the forms.

Now after I submitted all the documentation etc, he is saying it takes about 90 days to get the EAD (official Date is 90-120 days - but what is the normal wait time?).

I reside in NJ and below is my confusion/questions

1. I saw timelines in some sticky thread but cant understand what exactly they mean?
2. Does getting EAD timeline differ from state to state ? What would it be for NJ?
3. Can anybody give me a more precise time frame as to when normally the EAD comes when filing a GC through marriage to a US citizen
4. Once I get an EAD - am I off the H1B visa - meaning can i change jobs without any transfer of visa required?

Any help in clearing the above matter would be greatly appreciated
 
shahpr787 said:
Hi,

I was looking at a few threads in this forum regarding timelines when a GC is filed through marraige.

Below is my situation.

I am currently on H1B visa and got married to a US citizen last month in India. I just filed all the forms through my lawyer:
• I-130, Petition for Alien Relative
• Data sheet for Form I-485
• G-325A, Biographic Information
• Form I-864 : Affidavit of Support Under Section 213A of the Act

Did you submit I-693? If not, you can expect an RFE.

Now my lawyer initially had said before (a month before) that within 30 days I would get my EAD after filing the forms.

Now after I submitted all the documentation etc, he is saying it takes about 90 days to get the EAD (official Date is 90-120 days - but what is the normal wait time?).

30-90 days

I reside in NJ and below is my confusion/questions

1. I saw timelines in some sticky thread but cant understand what exactly they mean?
The tables denote the time it takes from the day application is received by USCIS to the day the application is approved.

2. Does getting EAD timeline differ from state to state ? What would it be for NJ?
No. You have to follow NBC timeline. However, an RFE might delay your case.

3. Can anybody give me a more precise time frame as to when normally the EAD comes when filing a GC through marriage to a US citizen
http://www.immigrationportal.com/showthread.php?t=187359

4. Once I get an EAD - am I off the H1B visa - meaning can i change jobs without any transfer of visa required?
Having EAD and using it are two different things. You can continue to work on H1-B and have an EAD at the same time. But the moment you decide to work using your EAD, your H1 is no longer valid. EAD gives you the freedom to work as if you are working using your green card, but it comes with a 1 year expiration and you need to renew it yearly (as long as your I-485 is pending)

Any help in clearing the above matter would be greatly appreciated
Click to expand...
 
ari4u said:
Hi ari4u
Thank you so very much for the specific replies to my questions

You have answered most my questions - just have 1 or 2 clarifications required

Your Quote - Did you submit I-693? If not, you can expect an RFE.
I forget to mention that to the list of forms I mentioned. Yes - I did submit that too with the application. I just knew it as medical report not realising that it was a form name I-693. After your mention, I checked and yes it was the same thing as you have written

You mentioned this link for EAD processing forms -
http://www.immigrationportal.com/sh...ad.php?t=187359
I see you have been maintaining/updating it as and when people are posting it - which is very useful (can understand it now much better after ur explanination - and will also post u my dates as and when they happen, so that it is helpful to other ppl too)

1. Is this the official site from the USCIS for the NBC processing times?
https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp

2. In the above page - I am looking for this row for my kind of case. Am i right?
I-765
Application for Employment Authorization
Based on a pending I-485 adjustment application [(c)(9)]
October 03, 2005

3. Lastly - as you have cleared a lot of my confusion of having and using EAD. Just needed one more clarification in that regards. As you mentioned that I need to renew it every year till my I-485 goes through. Seeing most of the timelines posted in this forum - it seems that this normally happens within a yr. In any case, if it is pending, is the renewal of the EAD always positive or they might sometimes not renew it?


Once again - I would like to thank you for all your help
Click to expand...
 
shahpr787 said:
Hi ari4u
Thank you so very much for the specific replies to my questions

You have answered most my questions - just have 1 or 2 clarifications required

Your Quote - Did you submit I-693? If not, you can expect an RFE.
I forget to mention that to the list of forms I mentioned. Yes - I did submit that too with the application. I just knew it as medical report not realising that it was a form name I-693. After your mention, I checked and yes it was the same thing as you have written

You mentioned this link for EAD processing forms -
http://www.immigrationportal.com/sh...ad.php?t=187359
I see you have been maintaining/updating it as and when people are posting it - which is very useful (can understand it now much better after ur explanination - and will also post u my dates as and when they happen, so that it is helpful to other ppl too)

1. Is this the official site from the USCIS for the NBC processing times?
https://egov.immigration.gov/cris/j...rocesstimes.jsp
Yes, This is the NBC timeline and you need to look at c(9) category

2. In the above page - I am looking for this row for my kind of case. Am i right?
I-765
Application for Employment Authorization
Based on a pending I-485 adjustment application [(c)(9)]
October 03, 2005
Correct.

3. Lastly - as you have cleared a lot of my confusion of having and using EAD. Just needed one more clarification in that regards. As you mentioned that I need to renew it every year till my I-485 goes through. Seeing most of the timelines posted in this forum - it seems that this normally happens within a yr. In any case, if it is pending, is the renewal of the EAD always positive or they might sometimes not renew it?
Your EAD would be renewed as long as your GC is pending. USCIS needs your money :p
Click to expand...
 
Hi SWaiting & ari4u

Thank you both for all the information you have been sharing. Sincerely appreciate it. If I come across also any piece of infomation which might be helpful to others - will definitely post it.

Thank you once again
 
ari4u said:
Hi i just happened to speak to a colleague of mine and he said alongwith all the forms which i have listed above - I also need to file I-131 : Application for Travel document. He said just put in some date of April - to indicate that I plan to travel around that time.

I filled it up but am not sure if I should be sending it. Also as of now I dont have any travel plans for April.

Ari4u : If you have some comments / knowledge plese let me know

Thank you once again
Click to expand...
 
If you plan to stick with your H1-B till you get your green-card, you dont need to file I-131. You can use your H1-B for travel.

If you decide to switch over to work using an EAD, you would lose your H1-B and the freedom to travel. So in order to travel, you need to file I-131. It is always advisable to have an approved AP as you never know if a need arises for emergency travel and you are stuck without an I-131.

Its your call.
 
More doubts

Hi ari4u

After our intial discussion a few days ago, when i was filing my application. I finally got the receipt notice today (3 of them - I797 C, notice of Action).

I will be posting it too on the EAD timeline thread so that it would be helpful to others.

What I cannot understand is that how do i track my staus online now (since I have got my 3 reciepts)

1. First Reciept for I-130 : Petition for alien Relative (check amount $190)
2. Second Reciept I-765 : Application for Employt. Authorization Doc ($180)
3. Third Reciept I-485: app to Register Permanent Residence ($395)

Now all of these have a unique reciept number.

(This might be a litle dumb - but i really dont know this). So my question is
1. Which website do i go to track my application
2. Which reciept number do i use (as all of them are different)

Also 2 of the 3 reciepts mention that the next step would be to get a appointemen letter for biometrics. Do u generally how long that will take considereing I got my reciept notice yesterday. Just an approximate idea.

Thanks
 
shahpr787 said:
Hi ari4u

After our intial discussion a few days ago, when i was filing my application. I finally got the receipt notice today (3 of them - I797 C, notice of Action).

I will be posting it too on the EAD timeline thread so that it would be helpful to others.

What I cannot understand is that how do i track my staus online now (since I have got my 3 reciepts)

1. First Reciept for I-130 : Petition for alien Relative (check amount $190)
2. Second Reciept I-765 : Application for Employt. Authorization Doc ($180)
3. Third Reciept I-485: app to Register Permanent Residence ($395)

Now all of these have a unique reciept number.

(This might be a litle dumb - but i really dont know this). So my question is
1. Which website do i go to track my application
You can enter your receipt number here to check status.
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=bI7gBMjYQT07
Additionally, you could register with this website and create a portfolie with all your receipt numbers. You will be sent an email everytime your case status changes
2. Which reciept number do i use (as all of them are different)
Each application you submitted has a receipt number. You may want to check the status of all applications

Also 2 of the 3 reciepts mention that the next step would be to get a appointemen letter for biometrics. Do u generally how long that will take considereing I got my reciept notice yesterday. Just an approximate idea.
No idea. USCIS is constantly changing its procedures

Thanks
Click to expand...
 
Hi ari4u,

Thank you once again for coming in and replying to my message. There have been a few developments since I had posted that note a few days ago.

I actually have got the notices for all 4 applications (as mentioned in my signature)

Also just 2-3 days back I got the finger printing appointment letter scheduled after approx 20 days from now.

Till now everything looks fine.

One question I wanted to ask you was that for my fingerprinting appointment - these are the documents I plan to carry:

1. All the notice Letters ( I-797 C) for I-765, I-485

For Photo Identification
1. Pasport
2. US Driver's Liscence

I know that these are mentioned in the notices too. but just wanted to confirm is there anything else I ame xpected to carry when I go for my finger printing.

Thanks really once again for all you help !!!!
 
shahpr787 said:
Hi ari4u,

Thank you once again for coming in and replying to my message. There have been a few developments since I had posted that note a few days ago.

I actually have got the notices for all 4 applications (as mentioned in my signature)

Also just 2-3 days back I got the finger printing appointment letter scheduled after approx 20 days from now.

Till now everything looks fine.

One question I wanted to ask you was that for my fingerprinting appointment - these are the documents I plan to carry:

1. All the notice Letters ( I-797 C) for I-765, I-485

For Photo Identification
1. Pasport
2. US Driver's Liscence

I know that these are mentioned in the notices too. but just wanted to confirm is there anything else I ame xpected to carry when I go for my finger printing.

Thanks really once again for all you help !!!!
Click to expand...

You are right...All you need for your FP appt is...
1. NOA for I-765 and I-485 (Carry other NOA as well)
2. ID (DL or passport, carry both just in case)
 
ari4u said:
You are right...All you need for your FP appt is...
1. NOA for I-765 and I-485 (Carry other NOA as well)
2. ID (DL or passport, carry both just in case)
Click to expand...

Thank you once again for your prompt reply.
 
Hi,

Needed your help again. Just had my finger print today morning (both for I-765, I-485) and everything went well meaning they took finger prints for all my 10 fingers and also the pic.

The question I had was that my case status online since I got my notices has never changed (since the start) meaning they are the standard message saying that:

"We have recieved your application on so-an-so-date and it takes xxx amount of time to process it."

Now - I have seen a few threads saying a lot of time INs is slow in updating their tracking website but my question was i have also seen people saying tha their I-485 status was changed saying "Waiting for fingerprinting results to continue"

So just wanted to check if is it that they are plain slow or should i expect any other problems.

Thanks
 
shahpr787 said:
Hi,

Needed your help again. Just had my finger print today morning (both for I-765, I-485) and everything went well meaning they took finger prints for all my 10 fingers and also the pic.

The question I had was that my case status online since I got my notices has never changed (since the start) meaning they are the standard message saying that:

"We have recieved your application on so-an-so-date and it takes xxx amount of time to process it."

Now - I have seen a few threads saying a lot of time INs is slow in updating their tracking website but my question was i have also seen people saying tha their I-485 status was changed saying "Waiting for fingerprinting results to continue"

So just wanted to check if is it that they are plain slow or should i expect any other problems.

Thanks
Click to expand...


Just be patient. They are slow.
 
Hi ari4u,

I actually have some updates (good news) and also some more related questions in regards to my case.

If you see my signature below - Good news is that my EAD is approved online (just today) and am hoping to get that in mail soon.

1. As I had discussed with you before - but just need to re-iterate on this point because now it is action time. And this is in regards to my switching over from H1 to EAD (basically switching my jobs - the new one on EAD). I already have 3-4 offers ready and they all are waiting for my EAD to come. And I know ari4u mentioned that they keep renewing EAD as long as I get my GC but does anybody know if switching jobs from H1 to EAD have any potential dangers. Please anybody let me know your thoughts on this ari4u too.

2. I-130 : What exactly does that do meaning I-485 basically when it gets approved - that is basically AOS and that is done through the interview. Likewise I-765 - when it got approved - meant that I got my EAD. So what does I-130 translate to. Also online they say - it takes between 30 - 90 days for them to process this application. Is it advisable that I should wait for this too to get approved (not that it has any bearing on changing jobs - but just for safety).

3. A Very hypothetical question - can somebody working on an EAD later down the line get back to H1B (Let's say the case got stuck in FBI name check for a long time and when switching jobs again in the future I can get over to H1B again). Just a curious question.

The reason I am asking these questions in detail is because I do have a stable job as of now but taking this next opportunity (which is being offered to me because of EAD) would be a big career jump for me in terms of profile and money. Hence I want to make a wise decision based on the advantages of me having an EAD but not risking my complete GC process or even my career in terms of jumping too quickly.

PLZ PLZ HELP with as much descriptive answer you can...

Thank you so much

PS: Also I am going to post my timeline in the EAD thread once I get it in mail so that it is useful to other ppl
 
shahpr787 said:
Hi ari4u,

I actually have some updates (good news) and also some more related questions in regards to my case.

If you see my signature below - Good news is that my EAD is approved online (just today) and am hoping to get that in mail soon.

1. As I had discussed with you before - but just need to re-iterate on this point because now it is action time. And this is in regards to my switching over from H1 to EAD (basically switching my jobs - the new one on EAD). I already have 3-4 offers ready and they all are waiting for my EAD to come. And I know ari4u mentioned that they keep renewing EAD as long as I get my GC but does anybody know if switching jobs from H1 to EAD have any potential dangers. Please anybody let me know your thoughts on this ari4u too.
There will not be any issue. EAD gives you more freedom than the H1B in terms of who you work for.


2. I-130 : What exactly does that do meaning I-485 basically when it gets approved - that is basically AOS and that is done through the interview. Likewise I-765 - when it got approved - meant that I got my EAD. So what does I-130 translate to. Also online they say - it takes between 30 - 90 days for them to process this application. Is it advisable that I should wait for this too to get approved (not that it has any bearing on changing jobs - but just for safety).
I-130 has nothing to do with using your EAD. I-130 establishes a relationship between the applicant and sponsor and issues an immigrant visa number for processing the I-485. You dont have to wait for it to be approved

3. A Very hypothetical question - can somebody working on an EAD later down the line get back to H1B (Let's say the case got stuck in FBI name check for a long time and when switching jobs again in the future I can get over to H1B again). Just a curious question.
You can still use your EAD to change jobs. You wouldnt need your H1-B. You have to also remember that your H1B is void once you use your EAD and if you need to switch over to H1B again, your employer needs to apply for a new one.

The reason I am asking these questions in detail is because I do have a stable job as of now but taking this next opportunity (which is being offered to me because of EAD) would be a big career jump for me in terms of profile and money. Hence I want to make a wise decision based on the advantages of me having an EAD but not risking my complete GC process or even my career in terms of jumping too quickly.
You have to remember that if your GC is denied, you will lose your EAD as well.

PLZ PLZ HELP with as much descriptive answer you can...

Thank you so much

PS: Also I am going to post my timeline in the EAD thread once I get it in mail so that it is useful to other ppl
Click to expand...
 
Hi ari4u,

The reply you made in respect to last point scared me. Isnt getting GC through marraige very safe (ofcouse considereing alll the basic stuff, where it is a valid marriage, you have enought proof of both living together, all documents in place etc).

That rejection you have mentioned actually has scared me....

Plz comment.
 
shahpr787 said:
Hi ari4u,

The reply you made in respect to last point scared me. Isnt getting GC through marraige very safe (ofcouse considereing alll the basic stuff, where it is a valid marriage, you have enought proof of both living together, all documents in place etc).

That rejection you have mentioned actually has scared me....

Plz comment.
Click to expand...

With USCIS, nothing is ever safe. It pays to be paranoid and well prepared when dealing with USCIS. As long as you can prove your marriage is bonafide, you have nothing to worry about. Stop worrying :)
 
Hi,

Two more questions :( .

Would anybody know of a website where we can track what is being processed (as of dates) for I - 130 and also for I- 485.

I know I am still some time away for my AOS interview (you could see it from my signature) but seeing the dates being processed is always helpful.

For eg: https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp

A lot of people complained that this is not kept updated but I actually observed one thing.

The dates in this website (whenever they update) are acually very precise meaning when they updated saying EAD issued for people whose applications were in by Jan 25 2006 - it was true. Because immediately my online status of EAD changed to approved.

The only problem is (according to me) they dont update this website very regularly and rather do it in a batch way once in a while and hence some people feel that they got a EAD and the website was still showing old date.

Anyways, not to digress - can ari4u plz help me one more time :)

Thanks a lot

PS: I also posted on the EAD timeline with my dates. Please update on top of your thread - so it will be helpful to other ppl too :)
 
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