Retrogression and I-485 application

N

NIWboy

Registered Users (C)
I have just sent in my application for I-140 under National Ineterst Waiver and the retrogression kicked in. I will be sending in my I-485 in a couple of weeks. My question is
Will i be able to apply for an EAD and AP when i send in my I-485? Will the EAD be processed ?

Thanks
 
NIWboy said:
I have just sent in my application for I-140 under National Ineterst Waiver and the retrogression kicked in. I will be sending in my I-485 in a couple of weeks. My question is
Will i be able to apply for an EAD and AP when i send in my I-485? Will the EAD be processed ?

Thanks
Click to expand...

If your prioroty date is not current, the I-485 will not be accepted and the EAD will not be issued.

Brian
 
NIWboy,

As I understand, you may still have a chance to submit your I485 before the end of this month. Consulate your lawyer.

Good luck,
bobby
 
NIWboy said:
I have just sent in my application for I-140 under National Ineterst Waiver and the retrogression kicked in. I will be sending in my I-485 in a couple of weeks. My question is
Will i be able to apply for an EAD and AP when i send in my I-485? Will the EAD be processed ?

Thanks
Click to expand...
I have exactly the same situation. My lawyer said I will need a reciept of I140 with case # in to apply my I485. What did your lawyer say to you?
 
luckylucky said:
I have exactly the same situation. My lawyer said I will need a reciept of I140 with case # in to apply my I485. What did your lawyer say to you?
Click to expand...
I filed my NIW on Spet. 09. It takes about 2 to 3 week to get the receipt from USCIS. So if I didn't get my case # before the end of Sept., should I file I485? Do you have a lawyer filing for you? Can you ask him this question? Because my lawyer said if I140 is not in the same envelop of I485, means if we file I140 first and I485 two weeks later(but before the approvel of I140, it is still concurrent filing). He said if USCIS said the I485 form without the case # on, they will just discard it.
 
As I understand, if you file I-485 between now and Oct 1, it will be accepted but not processed until your PD becomes current. (i.e., it won't be rejected, but that's about it.)

So I guess it makes sense to file I-485 only if it helps with EAD.
- If you file I-485 before Oct 1, and request an EAD, will the EAD be granted? Or will the EAD have to wait until the PD becomes current?
 
I-140 reciept number

I-140 receipt number could be got from USCIS cashed check for your I-140 filing fee. Call the Bank (yourself or lawyer assistant) to get this ASAP so that you could catch the cutoff date for I-485. Please keep in mind that USCIS does not take post mark date, it must be the USCIS stamped date. My case, Fedex out 7/28, arrived TSC 7/29 10:05AM, my receipt date is 8/1/2005. And you certainly don't want to have 10/1/2005 as your I-485 reciept date! So play it safe and good luck :)
 
Last edited by a moderator:
austinjoe said:
I-140 receipt number could be got from USCIS cashed check for your I-140 filing fee. Call the Bank (yourself or lawyer assistant) to get this ASAP so that you could catch the cutoff date for I-485. Please keep in mind that USCIS does not take post mark date, it must be the USCIS stamped date. My case, Fedex out 7/28, arrived TSC 7/29 10:05AM, my receipt date is 8/1/2005. And you certainly don't want to have 10/1/2005 as your I-485 reciept date! So play it safe and good luck :)
Click to expand...
Thanks a lot!
But what I did is a money order from post office.
 
Call the USCIS at National customer service center at 1800 3755283 , they can find out WAC number from your last name and first name.
luckylucky said:
Thanks a lot!
But what I did is a money order from post office.
Click to expand...
 
I called the USCIS and requested for the A#, i had not luck they asked me to wait till i receive it in the mail which will take few more weeks, I want to send my I-485 package before the end of this month, what do i do ? Should i send my 485 without the number ? I am planning to write a covering letter explaining this will this work ?
Thanks for all the responses.
 
Miilion $ tip for only few hundred $

Oops not to me, but to USCIS. if you don't get it in time, file another 140 again(your loss is only few hundred $) with 485, but don't wait till the last day ;)
NIWboy said:
I called the USCIS and requested for the A#, i had not luck they asked me to wait till i receive it in the mail which will take few more weeks, I want to send my I-485 package before the end of this month, what do i do ? Should i send my 485 without the number ? I am planning to write a covering letter explaining this will this work ?
Thanks for all the responses.
Click to expand...
 
luckylucky said:
Thank you very much!
Click to expand...
I called, they refuse to tell. The tracing of money order or cerfied check is the best possible way to go.
ALso, I heard that filing after annoucement on Sept. 13 of retrogression for I140/I485 are so many, the rejection rate may be high. Thank God I prepared two monthes for my I140. Good luck to everybody.
 
rj289 said:
As I understand, if you file I-485 between now and Oct 1, it will be accepted but not processed until your PD becomes current. (i.e., it won't be rejected, but that's about it.)

So I guess it makes sense to file I-485 only if it helps with EAD.
- If you file I-485 before Oct 1, and request an EAD, will the EAD be granted? Or will the EAD have to wait until the PD becomes current?
Click to expand...

Yes, as long as your 485 has been accepted for processing (you have a petition number), you can get unlimited extensions of EAD and AP.
 
Not true in a scenraio if 140 is denied

jllag1 said:
Yes, as long as your 485 has been accepted for processing (you have a petition number), you can get unlimited extensions of EAD and AP.
Click to expand...
 
Sure, if your 140 is denied, your 485 along with EAD/AP have no legs to stand on, that goes without saying.
 
What if you appealed for I-140. Will EAD/AP still be valid while I-140 is appealed/pending decision?
 
Do I need to explicitely request for EAD ?

We are filing for 140 and 485 this week. Do I have to tell
my atty explicitely, to request for EADs for me and my wife
or should they do it automatically ?

I cannot reach my atty at the moment to clarify it.
 
Dude,

You need to fill out I-765 form along with I-485 and I-140. If you did not sign I-765 form then your attorney cannot file EAD authomatically, unless he is going to file I-765 online.

Good luck.
 
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