Strange RFE please help

K

koinahi

Registered Users (C)
Hi Gurus,
I am submitting this on behalf of my friend. He applied 485 in June 01 for his family (wife and daughter). His wife also applied for 485 in march 2002 for total family. He had EAD on his 485 and she got her EAD based on her 485. (In both the cases the "A" numbers are same for the family , three of them). Now he got an RFE to choose only one of the 485's to go further. He is in a fix to choose. He has a question for the experts/Senior members. If he cancels his 485, is he going to loose his EAD? Similarly if his wife cancels her 485, is she going to loose her EAD. and advanced parole ? Both are on EAD's. Could any of you help him out with your inputs? Any kind of advice or input is highly appreciated.
Thanks
:confused:
 
Not so strange...

At the 485 process stage you are advised to have only one application with the INS. If they already had their application filed in June 01 I fail to see the point in filing another application in March 02 - 9 months later when the average processing time is between 8-12 months for VSC.
Anyway I am sure they have their reasons, commen sense would dictate you withdraw the application filed in March 02 which would not invalidate their EAD.
Check this with a lawyer though..
 
I guess, INS may want to identify the primary as all three in family got the same "A" number which should not be. I guess everyone should have different "Alien registration numbers("A").

Hence in such confusing situations, attorney is the only person who can give good advice to process the case further without any problem.

It is strange that all three got the same "A" number. May be iNS mistake.
 
I really apologize for the confusion. All of the three have different "A" numbers but those numbers are same in both the 485 receipts.
What he wants to know clearly is if his wife withdraws her application filed in March 02, what will become for her EAD. Because if EAD gets cancelled, she can not work any more. Since 485 and EAD's are different applications with different case numbers are they considered different ? or EAD is dependant on 485.
What do you think withdrawl of 485 cancela the approved EAD or not?
:confused:
 
koinahi

I think this will not be big issue. Better to talk to his lawyer. Other wise he can call immigration officer directly. Service center number given in Notice.He need to explain his situation clearly. Mostly he needs to keep first application and proceed and then interim EAD may be option for his wife. This is my Guess. Best choice is to talk to immigration officer.

Good luck
Sai55
 
my two cents

tell your friend to apply for an EAD for his wife using his I-485. Usually takes 2 to 3 months. Once he gets the EAD he can then send the response to INS saying that he wants to withdraw his wife's I-485. As some one already pointed out there is no point in keeping a 485 of an application that is 9 months later than the first one.


In my opinion his case would have been approved long time ago but for the confusion INS had because of two applications. Any way thats my two cents. But please consult a lawyer before taking a decision ( I am guessing he is got two at least).


Disclaimer:
Its just my opinion and I am not a immigration expert or a lawyer.

Cheers
Kalyan
 
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