urgent need for help.

[idol83]

Hi everyone,

I am writing this to ask for help on behalf of a friend.
He has been fighting cancer for almost a year and is in urgent need
of advice on his greencard application.
His I485 was filed in 03 with Vermont under EB2 category,
using his EAD, he started employment with a fortune 500 company.
Shortly after his employment, he was diagnosed with cancer
and has taken disability benefit. Unfortunately his I485 case
got transfered from Vermont to the local office where he used to live and transfered again to where he is now (Chicago) and is still pending without any
action on it. To keep his employment eligibility, he filed
a renewal of EAD with Vermont by paper in April 05 (under his attorney's suggestion), that EAD application was again transfered to local office where he used to live. He had to go to Chicago local office for a temp EAD which expires in October. Now he is very concerned about maintaining his status.
If his EAD does not get approved soon, he has to go to Chicago local office
again to get another temp one but he might be too weak to go in person (under 2nd term of chemotherapy).
Or can he file another brandnew renewal using Efile?
I called vermont service center on his behalf and was told that
probably the local office won't act upon his EAD application since
they see there is already action on his EAD case (they told that they see the temp EAD from Chicago in the computer database). Should he Efile to Vermont or Nebraska? He really needs to keep his employment eligibility while I485 is still pending so that he can continue to use long term disability benefit.
Another more important question is, what is chance of getting I485 approved
now that he is physically ill? Not that this is the more important thing
in the world but he does want to have a closure on this since he also
has a family that depends on him.

Any suggestion is highly appreciated. Thank for reading.

 

[Billtoo]

Now he is very concerned about maintaining his status.

I am sorry for Ur friend .. but happy to see that U are helping him out .. A friend in need is friend in deed -- as the saying goes.

Well he need not worry about his status..
EAD just gives him a token to work... He will never be out of status until his 485 is pending..

May I know what type of cancer he has -- at such an early age.
Good luck...

 

[Kshitij]

Sorry to hear about your friend
He may have to get another Interim EAD from local INS
If he is ill, I wonder if his attorney can go to the local INS as his legal representative and requests the EAD with old picture(unless INS requires him in person for the digital picture)

I wish him well...Hope he gets better soon

 

[luckyandcurious]

Sorry to hear about his Cancer..

People who eFiled through USCIS website might notice this ...

"Don't file this again ...blah...blah...". that means we can file AP, EAD only once..

 

[idol83]

thanks for the response.

I am not sure about the Efile requirement but was suggested
by Vermont Service Center rep that it would be better to forget
about his current EAD application that was transfered to the local office where he used to live and efile a new one. He didn't file the current renewal
electronically. I am not sure how other people who
is waiting for EAD approval but went ahead and get a Interim EAD
would go about this situation. I mean does one
go to the local office again only after the current Interim EAD expires
or can one go in a bit in advance if so how advance?
He is going to start 2nd chemo soon so by the time
the interim EAD expires (October), he might be too weak to
go in person and unfortunately his representative lawyer resides
at his previous residence which is far away from Chicago so
having his attorney go in might be out of the question.

Again, what would be his chance of getting his I485 approved?
I personally think that the chance is slim since his case has
already been transfered to Chicago local office. I would assume
once the interview is required, he would probably be
requested for another physical since he does look ill.
On top of this, although he would probably still be able to use
long term disability assuming he can maintain employment
authorization, the company can't hold his position forever.
So if he is requested for an employment letter, that would probably
be the end of it. Like I said, greencard for him is not the top priority
anymore, but he needs to be prepared for the worst for his family's sake.

Again, would appreciate any input on this.

 

[eBhola]

Yes -- E-file.

I think he can eFile again.. it won't mess up..

But the problem is with the E-File he may have to go the local office (ASC) for biometrics..

Now if he files again the old way -- then he may not go to ASC as he can send the pictures etc thru mail..

Good luck