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[helpme2009]

Question about AR11 and N400

Rajiv Sir,

My father got employment based GC through his employer in 2005. All our family (my mom, me and my younger sibling) also got GC along with him at the same time. I am 22year old and is going for higher studies (2 year PG program) in Europe. I have to leave next week for studies. I have completed 4.5 years of time on GC so I am still 3 months away from applying N400. I have mde only one trip for 45 days (to my country of birth) outside US in last 5 years. But in next 20 months, I will be out of US for studies. In all probability, I will be making 3/4 trips back home during this time. I will try to maintain each of my trip outside US to a duration of less than 6 months. Not sure whether it will be possible always. However, as a safe measure, last month I applied for Re-entry permit I-131 with a request to USCIS to expedite the process. In exactly 31 days, I got I-131 approved.

I have few questions. Please help me with the following:

1. Do I need to file AR-11 about change of address. Since I am not going to change my US resident address, is it required to fill AR-11.
2. Would it be possible to apply for N-400 in July 2011 (hoping there are no change in rules by then). At that time, I would be on GC for over 6 years and 5 months but would be out of US for around 18 months.
3. Would I-131 have impact on applying N-400. What if I do not have to use it at all. Would that help.

Thanks for consideration.

 

[suvarnay]

Hi Rajiv,

I have pending I-485 case which was applied in EB3 category. I have been trying to upgrade it to EB2 level from last one year. I-140 approved in EB2 category and trying to update the existing I-485 by sending the letters to TSC.No reply from them yet. Iam not sure if it is upgraded or not. I went to Infopass as well. But all they say is, my case is under review.

From October 1st EB2 dates are current. Can i add my spouse on my case even though iam not sure about the category of my case.

MY spouse has his own case in EB3 (applied in 2002) category and i am a dependant on his case also. But the dates are not moving from long time so i want to add him to my case to check our luck.Do you see any problem?.

Thanks

 

[aug2003]

I-140/EAD issue: Please help Rajiv

Thanks Rajiv for this wonderful community service.

I have approved I-140 in EB3 through company A. (PD Aug 2003 EB3)
My wife also has GC process going on through company B (PD Mar 2005 EB2).
She has two I-140s going on simultaneously. Her 140 in EB2 got denied (currently in appeal) and another 140 in EB3 on same labor (pending).
We filed 485 through her in 2007 fiasco. Currently 140-EB2 and 485 both are at AAO and 140 EB3 is pending.
I was wondering if we could use my priority date and continue with existing 485 process and avoid rejection of 485/ EAD/AP. Is there any way to link my 140 with the existing case?

Another reason I would like to use my priority date is because I am working on EAD through my wife’s 485 that is at AAO currently. If they reject my wife's EB2-140 then underlying 485/AP/EAD will be cancelled as well.
I would be in great trouble. Please let me know what are my options? Thanks you very much.