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  • Questions on I130, I485, I767 & I131

    Hello, I have recently married to a US Citizen & i'm a H1B worker with PERM/I140 approved through my work in EB3 category. But my wife is sponsoring the GC via Family based greencard. While filling out the forms I had following questions, can you please help me to move forward? I don't have a lawyer & thought to file on our own as my case is straight forward (Didn't over stay, have legal entries/admission for the past 6+ years, still on H1b and it's valid until July 2019). Any suggestions also welcome.

    1) In USCIS the form I130, I130a says it expires in June 2018, but do you know where can i get the latest forms? OR It will be ok if i still same form & submit to USCIS?

    2) Currently i'm on H1B with PERM/I140 approved in EB3. So in my I485 Adjustment of Status form should i mention that my Employment based I140 is approved & provide the approval information? In actual these 2 are separate categories that one i'm applying is via Family based & the one it's in progress is thru my Employment. So not sure what to do.

    3) Since i have my current H1B valid for next 6 months, should i still apply for I765? Because i'm not planning to switch jobs until i get my EAD via I485.

    4) Should i apply I131 along with I130, I130a & I485 even though i'm not planning to travel anywhere/anytime outside US within the next 6 to 8 months?

  • #2
    1. Always download form directly from uscis.gov. Whatever form is there, will be the most recent. Don’t gamble on this.

    2. Not sure how to answer this as I have no experience with it.

    3. How will you work in 6 months when you H1B visa expires? The green card will likely take more than 6 months. I’d apply for the EAD right away because it can take 4-6+ months to receive and then gives you an unrestricted right to work.

    4. AP also takes 4-6+ months to receive. I’d apply just in case something comes up and you aren’t stuck here. (Family emergencies, last minute cruise plans, etc.)
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

    Comment


    • #3
      Originally posted by miiki View Post
      1. Always download form directly from uscis.gov. Whatever form is there, will be the most recent. Don’t gamble on this.

      2. Not sure how to answer this as I have no experience with it.

      3. How will you work in 6 months when you H1B visa expires? The green card will likely take more than 6 months. I’d apply for the EAD right away because it can take 4-6+ months to receive and then gives you an unrestricted right to work.

      4. AP also takes 4-6+ months to receive. I’d apply just in case something comes up and you aren’t stuck here. (Family emergencies, last minute cruise plans, etc.)
      Thanks for your advise.

      On Point 1, The current forms that i have downloaded are from Uscis, so hopefully that is the latest one even though it says form expires on June 2018.
      On Point 3, So is there a separate form that i have to fill in to apply for EAD? Or Once i file I130 & I485 that is all required to get EAD? Can you please clarify?
      Reg H1B Question on Point 3, Since i have 6 months for now + anyway my work will apply for extension again in another 3 to 4 months, so even if i didn't get my EAD within 6 months, i will have my H1B extenstion file submitted thru my work.
      On Point 4, Is there any validity that Form I131 will expire if i apply and get it approved & didn't travel outside US before i get my GC? Also When should i apply I131? Along with the I130 & I485?

      Comment


      • #4
        Originally posted by Shan624 View Post
        Thanks for your advise.

        On Point 1, The current forms that i have downloaded are from Uscis, so hopefully that is the latest one even though it says form expires on June 2018.
        On Point 3, So is there a separate form that i have to fill in to apply for EAD? Or Once i file I130 & I485 that is all required to get EAD? Can you please clarify?
        Reg H1B Question on Point 3, Since i have 6 months for now + anyway my work will apply for extension again in another 3 to 4 months, so even if i didn't get my EAD within 6 months, i will have my H1B extenstion file submitted thru my work.
        On Point 4, Is there any validity that Form I131 will expire if i apply and get it approved & didn't travel outside US before i get my GC? Also When should i apply I131? Along with the I130 & I485?
        Hello - I answered this on a different thread as well but noticed you had new questions

        1. The latest forms are fine given they are the latest edition.
        3. Yes, the I-765 is the application for EAD. You can file everything together.
        4. I believe all of these "cards" expire a year out, but you can get them renewed. Similar to the I-765, you can apply concurrently (so you submit all four forms).
        Concurrent filing of I-130 & I-485 + I-765 & I-131

        11/16/18 - Sent package via Fedex
        11/20/18 - Priority Date
        11/28/18 - Checks cashed
        12/3/18 - I-797 notices in mail
        12/07/18 - Biometrics notice in mail
        12/19/18 - Biometrics appointment
        12/26/18 - Case is Ready to Be Scheduled for an Interview

        Comment


        • #5
          Originally posted by quirkywombat View Post
          Hello - I answered this on a different thread as well but noticed you had new questions

          1. The latest forms are fine given they are the latest edition.
          3. Yes, the I-765 is the application for EAD. You can file everything together.
          4. I believe all of these "cards" expire a year out, but you can get them renewed. Similar to the I-765, you can apply concurrently (so you submit all four forms).
          Ooops my bad, probably i didn't notice your comment. Thanks for your response. I'll work on it accordingly

          Comment


          • #6
            Originally posted by quirkywombat View Post
            Hello - I answered this on a different thread as well but noticed you had new questions

            1. The latest forms are fine given they are the latest edition.
            3. Yes, the I-765 is the application for EAD. You can file everything together.
            4. I believe all of these "cards" expire a year out, but you can get them renewed. Similar to the I-765, you can apply concurrently (so you submit all four forms).
            Hello,

            Thanks for your response. Quick question regarding the Concurrent filing. Can we send I130, I864, I485, I765 & I693 in the same mail package to USCIS? (OR) My wife should send her I130, I864 in a seperate mail & I should send I485, I765 & I693 in a seperate mail?

            Thanks,
            Shan

            Comment

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