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  #1 (permalink)  
Old 06-14-2007, 03:48 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
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India
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I-485
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:
07/02/2007
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Default EAD question

If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
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  #2 (permalink)  
Old 06-14-2007, 03:55 PM
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Mar-03
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I140 Mailed Date
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04/25/2007
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Quote:
Originally Posted by pd_recapturing
If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
I also have the same question can someone comment on this

thanks !!

Bumming up /\ /\ /\
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  #3 (permalink)  
Old 06-14-2007, 04:00 PM
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Priority Date
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Mar-06
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EB3
I140 Mailed Date
:
08/07/2007
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United Kingdom
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:
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after
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  #4 (permalink)  
Old 06-14-2007, 04:05 PM
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Quote:
Originally Posted by ChainReaction
I also have the same question can someone comment on this

thanks !!

Bumming up /\ /\ /\
When I applied I140 and I485 concurrently along with EAD in June 2005, I got EAD approved and mailed in 1 month. But my I140 got approved after an RFE in the last week of Nov 2005. EAD and AP processing dates are different.
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  #5 (permalink)  
Old 06-14-2007, 08:13 PM
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Priority Date
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Jun-02
Category
:
EB3
I140 Mailed Date
:
05/25/2007
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India
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:
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:
05/28/2007
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Quote:
Originally Posted by refugee
Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
It comes to the address specified on the form that you filled for EAD

Last edited by dehradoon; 06-14-2007 at 08:28 PM.
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  #6 (permalink)  
Old 06-15-2007, 12:12 AM
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Quote:
Originally Posted by refugee
Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice
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  #7 (permalink)  
Old 06-15-2007, 12:13 AM
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Think based on G-28 form, receipts for 485 will go to ur atty.
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  #8 (permalink)  
Old 06-15-2007, 12:40 AM
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Default Question on Travel after applying 485,EAD and APO

Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
Any advise

Thanks
Adde
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  #9 (permalink)  
Old 06-15-2007, 12:43 AM
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Quote:
Originally Posted by royus77
Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
Any advise

Thanks
Adde
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
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  #10 (permalink)  
Old 06-15-2007, 01:08 AM
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Dec-05
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I140 Mailed Date
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Hi,

After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

Will we need to file for H4?

Thanks,

Ams
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Last edited by amsgc; 06-15-2007 at 01:14 AM.
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  #11 (permalink)  
Old 06-15-2007, 01:16 AM
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Mar-06
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I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.

Quote:
Originally Posted by janilsal
You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.
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  #12 (permalink)  
Old 06-15-2007, 01:20 AM
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Priority Date
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Jun-03
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I140 Mailed Date
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:
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Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

Quote:
Originally Posted by amsgc
Hi,

After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

Will we need to file for H4?

Thanks,

Ams
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  #13 (permalink)  
Old 06-15-2007, 01:24 AM
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Priority Date
:
Dec-05
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I140 Mailed Date
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Quote:
Originally Posted by nshalady
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

Thanks,

Ams
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Last edited by amsgc; 06-15-2007 at 01:27 AM.
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  #14 (permalink)  
Old 06-16-2007, 06:52 PM
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Priority Date
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Mar-06
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I140 Mailed Date
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:
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Quote:
Originally Posted by Madhuri
I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
you can maintain dual status .
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  #15 (permalink)  
Old 06-16-2007, 07:26 PM
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Quote:
Originally Posted by perm2gc
you can maintain dual status .

Have couple of questions .

1) What is the status of dependents in the above case ?WIll they still be on H4 or Adjustment of status( After applying 485/EAD and before getting the approval of EAD)
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