Questions on 485 Processing..

N

ndantu

Registered Users (C)
Hi Guys:

I have some questions on 485 processing. Really appriciate if someone answers these Questions.

My employer is Chicago based and I'm working in FL state. I'm about to get my 140 in this week or so. I'm planning to file 485 in Feb 3rd week. Here I'm getting some doubts.

1. If I file my 485 in Feb and If I plan to go to India in APR, Do I need to have AP or can I go and comeback on H1? (I have valid H1 in hand)

2. As of now I'm single and planning for marriage in Apr. Can I bring her(my wife) here on h4, if I file my 485 in Feb?

3. How diffcult process is to add my wife name to my 485 application?

4. Last and most importent is, If I put my Florida address in 485, where is that application going to be processed? In Nebraska (As my employers place) or in Florida (As I'm staying in FL)

Thanks a lot gurus for your answers.
 
ndantu,
1. You can go back to India as long as you have valid H1b. You don't need AP.
2. You can bring you wife to US as H4. However, if you file 485 for your wife, you will have a lot of chance that your case will be transferred to local INS since your marriage most likely will be less than 2 yrs when IIO process your case. (according to my lawyer).
3. It should not be that difficult. Consult your attorney.
4. As I know, Fl doesn't have Immigration Processing Center, in your case, probably Vermont.... 485 should be based on where you work, not based on where your company is located.
 
1.No problem, If you have valid H1 (that is good to get H4)

2. Yes, you can get H4, but no need to mention about your 485(or you can file after Apr according to your situation).

3. Not that difficult, but there is a chance of local transfer (you have to take it. no other way).

4. There are two options when filling 485, 1. You can file in the region where you live. Or 2.where your 140 is processed and approved.( you or your lawyer has to decide).

Hope this will be help full and check with your lawyer before making any decision.
;)
 
Thanks

Thanks a lot man.


Another Question. Vtri, you mentioned that

There are two options when filling 485, 1. You can file in the region where you live. Or 2.where your 140 is processed and approved.( you or your lawyer has to decide).

is the 2nd option is possible..? Bcoz 485 in Texas is taking 3 yrs where as in Nebraska it is taking 1.5 yr only. So I want to go with NSC. Is there any source/documentation on the point you mentioned..?

Thanks
 
Vetri

Thanks a lot man. I'm scared by thinking that it may go to Texas, which is taking more than 2 yrs, and I became ready for the CP instead of AOS. Now I'm cool...


See, I cannot price your valueble suggestion, that too with $. If it is $$$$, may be I can think of it.

Anyway..Thanks a lot for the info. I went thru the Murthy Chat.
 
ndantu. Do not use EAD.

ndantu,

If you are planning to come back on H1 then do not use EAD
(Which I don't think you will get by April).
Based on what I read from different threads, if you use your EAD
then you will lose your H1 status and you MUST use AP to enter
into US. But as long as you don't use it you will be able to travel
on H1 and bring your spouse on H4.
Ask your lawyer while filing 485 and they will give more details.

Good Luck with your trip & marriage.
Sept13
 
Sept13

Thanks sept13.

I heard of this from many folks. Anyway, thanks for making me aware of this
 
vetri

Vetri:

I spoke with my lawyer. As per him, if you file 140 & 485 together, then only this(filing 485at 140 approved service center rather than at beneficiary living address) is possible. If you haven't filed cocurrent, this doesn't helps.

BTW what is concurrent..? If I file my 485 before approval of 140, is that treated as concurrent..?

Reply ASAP.

~Naresh
 
Concurrent means filling 140 and 485 together.

Chat User : Hello, Ms. Murthy. Where are the I-140 and I-485 filed if the place of residence is in a different state from the company? Thanks.

Attorney Murthy : Previously, it had to be filed where the person lived. Now the INS prefers it to be filed in the jurisdiction where the I-140 petition was filed and approved, since that INS service center will have the file with them on the case and the sponsoring employer.

This is not telling anything about Concurrent. Concurrent came recently. Some lawyers do not like to change their way of submitting what they were doing for long time. Sorry man, I have no other words than this.

Good luck
 
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