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srd_617
05-12-2011, 03:23 PM
All,
I have a PD of Jan 25 2007 in EB2 (I didnot apply for 485 during 2007 and 2008 time) and based on movement of dates in June VB it looks like my date might be current in next couple of months.. I have my current H1 valid until Oct- 2011 with a visa stamped on it..My family is planning to travel to India at the end of this month and planning to return back in 2nd week of July.. As my family is returning back in the second week of July, we won't be able to apply for I-485 until the 3rd week of July even though our dates become current in July VB (I am just optimistic that my date will be current in next VB)..I heard/read somewhere that USCIS processes the 485 cases based on FIFO when the dates are current. Is applying late in the 3rd week of July (I assume most of the people whose dates will be current in July VB apply by 1st week of July) has any impact on I-485 processing times like we getting pushed behind in the 485 que?? The reason that my family wants to travel now is they don't need to go for visa stamping if they travel now (has visa stamping until Oct 1st) and we want avoid stamping at all circumstances as I am working for a consulting company .. Please advice me what's the best for me and my family..
1) Travelling now and coming back by July 15th??
2) Travelling after getting my family EAD and AP?? If so, when do we get the AP and EAD after applying 485?? I want them to make a visit to India atleast by the end of October without going through the hassle of stamping again..
3) Any risks involve using EAD/AP for my family after thet get it? I am planning to continue on H1 (I will apply for extension next month)until I get the 485 approval but my family will be using the EAD once they get it..

I really appreciate your input .......Thank you!!

Thanks,
SKar

dxldad
05-12-2011, 03:57 PM
All,
I have a PD of Jan 25 2007 in EB2 (I didnot apply for 485 during 2007 and 2008 time) and based on movement of dates in June VB it looks like my date might be current in next couple of months.. I have my current H1 valid until Oct- 2011 with a visa stamped on it..My family is planning to travel to India at the end of this month and planning to return back in 2nd week of July.. As my family is returning back in the second week of July, we won't be able to apply for I-485 until the 3rd week of July even though our dates become current in July VB (I am just optimistic that my date will be current in next VB)..I heard/read somewhere that USCIS processes the 485 cases based on FIFO when the dates are current. Is applying late in the 3rd week of July (I assume most of the people whose dates will be current in July VB apply by 1st week of July) has any impact on I-485 processing times like we getting pushed behind in the 485 que?? The reason that my family wants to travel now is they don't need to go for visa stamping if they travel now (has visa stamping until Oct 1st) and we want avoid stamping at all circumstances as I am working for a consulting company .. Please advice me what's the best for me and my family..
1) Travelling now and coming back by July 15th??
2) Travelling after getting my family EAD and AP?? If so, when do we get the AP and EAD after applying 485?? I want them to make a visit to India atleast by the end of October without going through the hassle of stamping again..
3) Any risks involve using EAD/AP for my family after thet get it? I am planning to continue on H1 (I will apply for extension next month)until I get the 485 approval but my family will be using the EAD once they get it..

I really appreciate your input .......Thank you!!

Thanks,
SKar

1. I would apply on July 1st if possible, just my personal opinion.
2. You should get the docs in four months.
3. We are all using it ...

mach1343
05-12-2011, 06:10 PM
All,

Similar situation but I am not travelling but my wife travelling and she has to get visa stamped as well for H1 (working for company (not consulting)).

Now my question for applying 485 and then EAD do my wife need to be here or can I apply for her without her presence here in US. She will be returning in August.

Please let me know.

Regards

guchi472000
05-12-2011, 06:15 PM
In order to apply for her 485, She has to be here in US when your dates are current.

mach1343
05-12-2011, 08:22 PM
In order to apply for her 485, She has to be here in US when your dates are current.

Thank you