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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-18-2007, 07:14 PM
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Question EAD/AP, new fees and more qs

I have couple of questions, couldn't find answers in other threads.

1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?

2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

TIA.

Last edited by GooblyWoobly; 07-18-2007 at 07:30 PM.
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  #2 (permalink)  
Old 07-18-2007, 07:19 PM
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Quote:
Originally Posted by GooblyWoobly
I have couple of questions, couldn't find answers in other threads.

1. My I485 was filed on July 6th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.

Quote:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

TIA.
If you are not planning on using EAD and she won't either then she needs to change status to H4.
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  #3 (permalink)  
Old 07-18-2007, 07:25 PM
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Quote:
Originally Posted by fromnaija
Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.



If you are not planning on using EAD and she won't either then she needs to change status to H4.

Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedoc...dule052907.pdf

So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?

Last edited by GooblyWoobly; 07-18-2007 at 07:50 PM.
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  #4 (permalink)  
Old 07-18-2007, 07:54 PM
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I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

Quote:
Originally Posted by GooblyWoobly
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedoc...dule052907.pdf

So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
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  #5 (permalink)  
Old 07-18-2007, 07:56 PM
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Sep-05
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Quote:
Originally Posted by fromnaija
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
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  #6 (permalink)  
Old 07-18-2007, 07:56 PM
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read the last paragraph of the link you posted

Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.

As for status information, if your wife does not want to work after she gets back it might be in her interest to enter using H4. Because if she stops working she will not be out of status but AOS pending, hence legal, but there will be no safety net in case od denial, and you will save money on AP's

Last edited by waitin_toolong; 07-18-2007 at 07:59 PM.
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  #7 (permalink)  
Old 07-18-2007, 08:00 PM
Member
Priority Date
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Sep-05
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Quote:
Originally Posted by waitin_toolong
read the last paragraph of the link you posted

Adjustment applications and ancillary benefits – The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications.
Thanks. Clear as day!! This sucks.

This meand all the people here filing in July will have to shell out 340$ for EAD and 305$ for AP each year.

Can someone answer Q2?
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  #8 (permalink)  
Old 07-18-2007, 08:17 PM
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Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
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  #9 (permalink)  
Old 07-18-2007, 08:22 PM
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I140 Mailed Date
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1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

2) What all docs are required for filing EAD & AP?
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  #10 (permalink)  
Old 07-18-2007, 08:23 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/20/2006
Chargeability
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India
Processing Stage
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I-485
I485 Mailed Date
:
01/20/2006
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Join Date: Jul 2007
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Quote:
Originally Posted by freetospeak
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
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  #11 (permalink)  
Old 07-18-2007, 08:24 PM
Member
Priority Date
:
Sep-05
Category
:
EB2
I140 Mailed Date
:
01/20/2006
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India
Processing Stage
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I485 Mailed Date
:
01/20/2006
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Join Date: Jul 2007
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Quote:
Originally Posted by pa_arora
1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

2) What all docs are required for filing EAD & AP?
1. My lawyer clearly said you can't, unless you file it together with AOS.
2. I765 and I131 forms. Everything else has already gone in with the AOS.
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  #12 (permalink)  
Old 07-19-2007, 06:09 PM
Member
Priority Date
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Sep-05
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I140 Mailed Date
:
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:
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I485 Mailed Date
:
01/20/2006
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Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
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  #13 (permalink)  
Old 07-19-2007, 06:23 PM
Senior Member
Priority Date
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Apr-03
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I140 Mailed Date
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05/06/2007
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Quote:
Originally Posted by GooblyWoobly
1. My lawyer clearly said you can't, unless you file it together with AOS.
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
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  #14 (permalink)  
Old 07-19-2007, 06:24 PM
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May-06
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I140 Mailed Date
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She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.

Quote:
Originally Posted by GooblyWoobly
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
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