Unique situation, Please help

M

mona1234

Registered Users (C)
Hello,

I need an immigration advise. I can not afford hire attorney as I have been laid off. If you can answer my question. I will be grateful to you.



I have an approved I-140(EB1A) and pending I-140(EB1B)



I filed I-485 based on (EB1B) in Feb. 2009. Unfortunately, I didn't send my medical at the time of I-485 (due to pregancy reasons).



My question is can they deny my I-485 becuase of Medical ? Can they delay the processing because of non submission of medical ?? I have not heard anything for EAD and AP as well.



Also, should I wait till they send RFE or send my medical now without waiting RFE?



I really need to change my employer and hence need my EAD.



If anybody can comment on above issues, it will help me to decide whether I should pack up my luggage.



Thank you very much.
 
Last edited by a moderator:
mona1234 said:
Hello,
I need an immigration advise. I can not afford hire attorney as I have been laid off. If you can answer my question. I will be grateful to you.
I have an approved I-140(EB1A) and pending I-140(EB1B)
I filed I-485 based on (EB1B) in Feb. 2009. Unfortunately, I didn't send my medical at the time of I-485 (due to pregancy reasons).
My question is can they deny my I-485 becuase of Medical ? Can they delay the processing because of non submission of medical ?? I have not heard anything for EAD and AP as well.
Also, should I wait till they send RFE or send my medical now without waiting RFE?
I really need to change my employer and hence need my EAD.
If anybody can comment on above issues, it will help me to decide whether I should pack up my luggage.
Thank you very much.
Click to expand...
Medicals are required basic piece of information which should be included along with the I485 form and fees. I think this is a genuine reason for denial and you may loose the application fee as well. Now, to salvage your application send the medicals as soon as you can (along with I485 receipt, if any)
 
mona1234 said:
Hello,

I need an immigration advise. I can not afford hire attorney as I have been laid off. If you can answer my question. I will be grateful to you.



I have an approved I-140(EB1A) and pending I-140(EB1B)

-----------------what is your fied for EB1A? if that I-140 was approved why did you file I-485 with EB1B?

I filed I-485 based on (EB1B) in Feb. 2009. Unfortunately, I didn't send my medical at the time of I-485 (due to pregancy reasons).
---------------------- you should have attached letter from your doctor. USCIS may send RFE for medicals.


My question is can they deny my I-485 becuase of Medical ?
-----USCIS will send RFE or can send NOID.
Can they delay the processing because of non submission of medical ??
-------------------------I-485 can not be approved if Medicals are missing in file.

I have not heard anything for EAD and AP as well.
----------------- you filed I-485 in Feb 2009, I dont know the date you filed I-485 and form I-765 and Form I-131.


Also, should I wait till they send RFE or send my medical now without waiting RFE?
---------------------- you can send now or once get RFE.


I really need to change my employer and hence need my EAD.



If anybody can comment on above issues, it will help me to decide whether I should pack up my luggage.



Thank you very much.
Click to expand...
------------------ it takes about 2-3 months to get EAD or AP. once I-485 is filed and you have got I-485 filing reciept you can stay in US as your I-485 is not denied.
** do you have valid H1 status or O-1 status?
 
mona1234 said:
I have an approved I-140(EB1A) and pending I-140(EB1B)

I filed I-485 based on (EB1B) in Feb. 2009. Unfortunately, I didn't send my medical at the time of I-485 (due to pregancy reasons).
Click to expand...
Did you file I-485 for the EB1A? If not, why? If yes, why did you file for EB1B, given that your EB1A I-140 was approved and you don't need employer sponsorship for EB1A?
 
Jackolantern said:
Did you file I-485 for the EB1A? If not, why? If yes, why did you file for EB1B, given that your EB1A I-140 was approved and you don't need employer sponsorship for EB1A?
Click to expand...
Thank you very much for your questions,
I filed I-140(EB1A) and I-140(EB1B) concurrently in 12th Dec. 2009. My attorney said you have both case very sound but I had doubt on my EB1A case and hence to be on safe side, later(1st Feb2009), I filed I-485 along with AP and EAD under EB1B petition. I am currently holding O-1 visa
 
ginnu said:
------------------ it takes about 2-3 months to get EAD or AP. once I-485 is filed and you have got I-485 filing reciept you can stay in US as your I-485 is not denied.
** do you have valid H1 status or O-1 status?
Click to expand...
I am currently holding O-1 visa
 
mona1234 said:
I filed I-140(EB1A) and I-140(EB1B) concurrently in 12th Dec. 2009. My attorney said you have both case very sound but I had doubt on my EB1A case and hence to be on safe side, later(1st Feb2009), I filed I-485 along with AP and EAD under EB1B petition. I am currently holding O-1 visa
Click to expand...
With the EB1A I-140 being approved, file an I-485 for it and you won't have to worry about having an employer.
 
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