When to expect RD/ND? 485 Filed - Need to travel.

[atlantabhopali]

Hi All,

We filed (fedex'ed) our 485/EAD/AP Application on Feb 1 and now need to travel out of country urgently (valid H visas). Our question is:

1. When can we expect the receipt from INS?
2. Would the Receipt Date be Feb 1st or some later date?
3. What is the timeline for next steps for which we need to be in USA? What is Notice Date and Finger printing? What are the timelines for the same?
4. Lastly, would the INS mail these to our address or the lawyers?

Appreciate your help!

-ab

 

[GCApplcnt]

1. Any time from 1 week to 3 months - depending on your service center, backlog in mailrooms etc etc. About a month on average, but could be more.
2. No, the receipt date would definetely later than Feb1 - probably on the range of Feb 7-15. Again, depends on backlog in mailrooms.
3. ND is something that you have no effect on - it's the date when your case is entered into INS system. Receipt in normally issued right after ND - again, depends on backlog in mailrooms. Basically ity goes like this : the envelope is received->envelope opened->RD is stamped->documents preliminarily reviewed->data entered into INS system->ND stamped->receipt issued and mailed.
FP date - again, depends on circumstances - is normally 3-4 months away from filing. Can be earlier, can be later.
4. If the documents have been filed by your laywer on your behalf then :
1. I-485 goes to lawyer's address
2. AP approval notice ( which actually is AP ) goes to lawyer's address. That's different form what it was a year ago
3. EAD approval notice goes to lawyer's address, but the actual card is mailed to you.

I understand the predicament you are in but I hope you realize that leaving the country before receiving the receipt and re-entering without it constitutes AOS abandonment. Some argue that it's almost impossible to verify and that INS officers at POEs don't always know what a I-485 receipt is... but techincally it is still an abandonment. Do discuss this situation with your lawyer before leaving the country.
Hope this helps
Good luck