Some Confusing 485 questions

T

Tera

Registered Users (C)
Dear Members,
I had some confusing (to me) 485 questions which I did not find the answers in my search in the forum and elseqhere. This is my first post, so please bear with me
1. My PD is Dec 2006 EB2. If I file 485 according to the new July bulletin and the USCIS accepts it, does this mean that I should receive EAD/AP no matter what happens (august U all categories till october)? In other words, does EAD/AP depend on PD also-- if USCIS does not process application til Aug 17 and retrogression goes into effect, is EAD/AP also affected?
2. This also means though my application is accepted it will not be processed until the date is current again (anytime after oct 2007)?
3. If I get married later this year, I cannot file for my wifes AOS until the date is current to my PD right?
4.Lets say Oct comes and date retrogressed to April 2004 or earlier that means that all the applications that were filed this month for the July 2007 bulletin USCIS will only process those whose dates are on or before April 2004 or earlier?
Thank you for time and patience
Amar
 
Tera said:
Dear Members,
I had some confusing (to me) 485 questions which I did not find the answers in my search in the forum and elseqhere. This is my first post, so please bear with me
1. My PD is Dec 2006 EB2. If I file 485 according to the new July bulletin and the USCIS accepts it, does this mean that I should receive EAD/AP no matter what happens (august U all categories till october)? In other words, does EAD/AP depend on PD also-- if USCIS does not process application til Aug 17 and retrogression goes into effect, is EAD/AP also affected?
2. This also means though my application is accepted it will not be processed until the date is current again (anytime after oct 2007)?
3. If I get married later this year, I cannot file for my wifes AOS until the date is current to my PD right?
4.Lets say Oct comes and date retrogressed to April 2004 or earlier that means that all the applications that were filed this month for the July 2007 bulletin USCIS will only process those whose dates are on or before April 2004 or earlier?
Thank you for time and patience
Amar
Click to expand...

Amar,
I am not an expert. Will give you my views, do confirm with others more competent.

1. Dunno abt EAD/AP
2. Yes, your case will be processed only when PD is current.
3. Yes, you can file AOS for ur wife only when PD is current.
4. If in Oct it retrogresses, then only those whose PD is on or before will get processed.
 
Ead / Ap

Once your 485 is accepted, you can apply for EAD / AP. If I remember correctly, my lawyer filed 140, 485 EAD and AP all together way back in 2004

CrossHairs said:
Amar,
I am not an expert. Will give you my views, do confirm with others more competent.

1. Dunno abt EAD/AP
2. Yes, your case will be processed only when PD is current.
3. Yes, you can file AOS for ur wife only when PD is current.
4. If in Oct it retrogresses, then only those whose PD is on or before will get processed.
Click to expand...
 
Tera,

1. You can apply for EAD and AP along with your 485. Or after you receive a receipt notice of 485. EAD and AP will be issued and are renewed irrespective of status of PDs in Visa Bulletins. Apply 485 now and reap benefits.

2. Processed and Approved are 2 different stages and very complicated and beyond my understanding. Your case may processed and will wait for the Visa number availabilty for the approval.

3. Any AOS can be filed only when the dates are with in cut-off limits. Means, you can't file your wife's AOS when the dates are not available/current at that time.

4. Process and Approval are diffrent! If a case already processed and its PD is current, then most likely that case will be approved.

Hope this helps.
 
Thank you all for your replies. Everyone please feel free to comment on the queries. FunLover2000, you are right, processed and approval are two different stages. I guess this also means that even if PD retrogresses any 485 filed may continue with the processing (such as FP, Namecheck etc) and everything may be done but only a current PD would be needed for its approval.
It is a little confusing. Thank you again for the replies and please everyone feel free to share knowledge on this processing/approval etc stages.
Amar
 
Tera said:
Thank you all for your replies. Everyone please feel free to comment on the queries. FunLover2000, you are right, processed and approval are two different stages. I guess this also means that even if PD retrogresses any 485 filed may continue with the processing (such as FP, Namecheck etc) and everything may be done but only a current PD would be needed for its approval.
It is a little confusing. Thank you again for the replies and please everyone feel free to share knowledge on this processing/approval etc stages.
Amar
Click to expand...
so minimum everyone who has applied for 485 will get EAD ..what if there is rfe ..do we still get the EAD ? also how long does it take to get EAD after the receipt number ..please answer ..Thanks !!!
 
some answers.

rambharose,
It is typically taking about 3-4 months to get the EAD approval.
In most cases, 4 months. However, you may make an INFOPASS appt once you are 90 days into the EAD application and ask for some kind of expediting.

This 3-4 month timeline may be more now due to the thousands of applications filed in June, and now in July.
 
TERA if your PD is current why not marry now and file your wife. dont take the chance to wait and file for wife after AUG 17. consult a lawyer for advise on your options.
 
Tera said:
Dear Members,
I had some confusing (to me) 485 questions which I did not find the answers in my search in the forum and elseqhere. This is my first post, so please bear with me
1. My PD is Dec 2006 EB2. If I file 485 according to the new July bulletin and the USCIS accepts it, does this mean that I should receive EAD/AP no matter what happens (august U all categories till october)? In other words, does EAD/AP depend on PD also-- if USCIS does not process application til Aug 17 and retrogression goes into effect, is EAD/AP also affected?
====== EAD/AP does NOT depend on PD.
2. This also means though my application is accepted it will not be processed until the date is current again (anytime after oct 2007)?
====== They will process anytime but will not adjudicate (meaning, will not approve/reject) when your PD is not current at that time.
3. If I get married later this year, I cannot file for my wifes AOS until the date is current to my PD right?
====== Yes
4.Lets say Oct comes and date retrogressed to April 2004 or earlier that means that all the applications that were filed this month for the July 2007 bulletin USCIS will only process those whose dates are on or before April 2004 or earlier?
====== Yes.
Thank you for time and patience
Amar
Click to expand...

======
 
There could be massive retrogression in October, forcing you to wait years before filing for your wife. Get married NOW, even if you have to do it in a courthouse with two witnesses. Then at some later date you can have a full-fledged ceremony.

And note that although they are continuing to accept applications until August 17, they are only accepting applications that would be eligible in July according to the original bulletin. So that means getting married before July end.
 
Do they really stop the processing or just the approval? I was in an impression that they do everything except approval. Please confirm.
 
They still continue processing during retrogression, they just can't actually approve the case. Many people got fingerprinting (including myself) and some even got interviewed during the last couple years of retrogression. During retrogression they will also send RFEs if they see something amiss.
 
Yes, you will get EAD even if there is a RFE, as RFE is just part of process. If 485 rejected (or not approved), then we are in soup.

rambharose90 said:
so minimum everyone who has applied for 485 will get EAD ..what if there is rfe ..do we still get the EAD ? also how long does it take to get EAD after the receipt number ..please answer ..Thanks !!!
Click to expand...
 
Just to summarize what I understood so far:

1) All those who have applied for EAD/AP along with I-485, when their PD was current, should get them. (Assuming there no other issues).

2) There may not be adjudication on I-485 for a very, sweeeeet long time but shouldn't affect getting receipt notices & EAD/AP.

3) If there is a huge delay in getting EAD/AP then one can try InfoPass after 90 days.

4) People who file just I-485 now can file for EAD/AP later on even when visa numbers are unavailable or PD isn't current anymore.

Please correct me if I got any of it wrong.

Two things :

a) I thought I read somewhere that they stopped InfoPass sometime earlier this year. Is that true ?.

b) 90 days for InfoPass begins from when ?. The date on which one's application was received by USCIS (ie., receipt notice date), right ?. My application was delivered on July 10th. So would that be my receipt notice date ?

Thanx all !
 
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