I-140 (NIW) self petition for me
I-485 (Me, my wife, and my child) was applied concurrently on 09/29/2005. USCIS Nebraska receipt date was 09/30/2005 before retrogression kicked in.
So far:
1) I-140 approved on 11/16/2005
Nice less than 2 months. I hope my recent concurrent I140 (I got all 4 applications I140/I485/EAD/AP submitted yesterday for the whole family) could get approved soon.
2) I-485 notice date for me and my wife 10/18/2005.
3) My child I -485 was returned first time (notice date on10/18/2005) saying that application not properly signed and asked me to sign and send it back leaving the notice on top. In fact, I prepared the document for my child and signed in the place “signature of person preparing the form”. However, the USCIS officer who reviewed my child’s application put a yellow sticker in the place I should sign. I did that and send it back to the USCIS as per the officer advice with new application fees. But this time my child application was returned back again saying that “An immigrant visa number is not readily available”.
They did the right thing, but sadly and will cause a lot of mess in the future.
4) In the meantime, I fixed an appointment and had (USCIS have not sent an appointment) Finger print/photo/signature with local immigration center on 11/10/2005 for me and my wife. But there is no LUD change after that.
------------------------
1) Based on my above situation, if I resubmit the application (saying that the case improperly rejected) for my child (say this week), do you think that will help?
If you signed the correct location and that is USCIS mistake, you can appeal for this. If it is actually need another signature, the same decision will be made. However, it does not hurt to do so
2) What is the advantage of my current I-140 approved? Do you think that will have any significance? (I don’t need EAD anyway as my H1 is valid for another 4 years)
In what term?
For your child : only if the PD is current
For you and your wife: Nothing since you already applied I485. Just wait wait and wait.
3) Assuming that if I signed in the correct place in my child’s application, do you think make a big difference mpared to current situation I face?
Of course much better and you will not see the following mess below.
4) What will be the visa date for my child (Indian National)in this case?
What do you talk about ? It is the same as your PD date. If your PD date become current, your can apply I485 for your child right before your I485 approved(DO IT IMMEDIATELY AT THAT TIME OR YOU WILL REGRET WHEN YOU I485 APPROVED). If you miss that, then your child need to go back HOME and wait for family petition.
4) Someone said that me and my child should not travel or I should not use EAD. But my wife can do all these. Is that true?
- Yes. You must keep H1B extersion forever (I am not sure if you can extern your H1B over 6 years or not).
Your child can travel with H4 visa anytime he wants.
5) what bad and good things going on with my application so far?
GOOD : your wife can work
BAD: if you lose H1B status, your child becomes ILLEGAL immigration.
If you have I485 approved before adding your child, your child becomes ILLEGAL immigration since GC holder sponsor for the child less than 21 years old will have around 4 years wait time before the PD current.
If I was you, I already hired a good lawyer to prepare the family case to avoid any mistakes at the first place (few K is not big compared to the mess of any mistake). However, things had been done. What I would suggest you to do next is to prepare the application to add your child to your I485 ahead and prepare to apply anytime (review that application with a good lawyer a head).
-----------------------------
Thanks in advance for your reply
