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Extended I-485 processing times and EAD/advanced parole

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Extended I-485 processing times and EAD/advanced parole

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Old Sep 25th 2012, 11:17 am
  #1  
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Default Extended I-485 processing times and EAD/advanced parole

Ok hi everyone its FOREVER since i posted.

Everything has been going swimmingly till now and really its just a few queries.
As the title of my post states i filed my i-485 back in sept 2011 and they still havent processed it yet although they are catching up to my date now.

My questions are:
my work visa (i-765) is coming up to end and i need a new one. Possibly as well as advanced parole? (i-131)

Do I need a new advanced parole form to put in with my i-765. Does i-131 need renewing? if so what fees do i pay?

Also what fees do I pay as currently as i filed under C-9 catagory from coming from a K-1 and its STILL in process I technically dont have to pay any fees?
I spoke to a clerk at USCIS who told me i didnt have to but i know they are unreliable.

Hoping some other expats have gone through what im going through and are willing to share the knowledge
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Old Sep 25th 2012, 11:50 am
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Default Re: Extended I-485 processing times and work visas/advanced parole

Originally Posted by nmoon83
As the title of my post states i filed my i-485 back in sept 2011 and they still havent processed it yet although they are catching up to my date now.
You filed an AOS package after arriving in the USA on a K-1 visa, way back i Sept 2011, and it's still not adjudicated?? I find that highly unusual. For quite some time now, AOS from K-1 has been adjudicated within 6 months. Do you know why yours is taking so long?

my work visa (i-765) is coming up to end and i need a new one. Possibly as well as advanced parole? (i-131)
If you applied for AOS based on marriage to a USC after entering on a K-1 visa, you do not have a work visa. You have an Employment Authorization Document (EAD).

Do I need a new advanced parole form to put in with my i-765.
If your AP is expiring and you want to travel overseas, you will need a new AP. It is not dependent on your I-765, it's a separate application. Likewise, your EAD does not need an I-131 to be filed with it. It's a separate application.

Does i-131 need renewing?
Only if yours is expiring and you want to travel outside the USA while your AOS is still in progress.

if so what fees do i pay?
Fees for the I-131 (AP) and I-765 (EAD) are listed at www.uscis.gov.

Also what fees do I pay as currently as i filed under C-9 catagory from coming from a K-1 and its STILL in process I technically dont have to pay any fees?
The only time you didn't have to pay a fee is when the initial I-765 and I-131 were filed with the AOS package. I believe the renewals have a fee. But double check at www.uscis.gov.

I spoke to a clerk at USCIS who told me i didnt have to but i know they are unreliable.
You are right, they are unreliable. Double check at www.uscis.gov.

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Old Sep 25th 2012, 12:01 pm
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Default Re: Extended I-485 processing times and work visas/advanced parole

ok firstly after my application got through to memphis it was then transfered to usc california for "speedy" processing. As of this https://egov.uscis.gov/cris/processTimesDisplayInit.do the times state 8th March 2011 so im just gonna have to stick with it.

Yes you were correct i meant ead. The reason i was asking is that my ead card has combined advanced parole on it and it DOESNT state when it ends im ASSUMING it ends on the same date as my ead but even on the forms it really doesnt cover renewals i have no idea when my AP ends.

I do not NEED my AP at all its only if an emergency situation happens and it looks like i may have to wait 6 months or so. So if i have to pay for it i might not bother.

Thanks for the reply noorah can always count on you

Last edited by nmoon83; Sep 25th 2012 at 12:04 pm. Reason: sorry just realised the link doesnt work
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Old Sep 25th 2012, 12:06 pm
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Default Re: Extended I-485 processing times and work visas/advanced parole

Sorry, I don't know much about the new-fangled EAD/AP combo cards. They are quite new, so I'm not sure if anyone around here has had to renew one.

There is no special application form for the "combo" card...they are still separate applications, as you say. I-765 for the EAD and I-131 for the AP. It's just that when USCIS issues both, they do it in one card.

Back when we were doing AOS (2004), we had to pay fees for the renewal EAD and AP. I would assume it's the same still.

Hopefully someone can clarify.

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Old Sep 25th 2012, 1:39 pm
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Default Re: Extended I-485 processing times and work visas/advanced parole

What does "catching up to my date" mean?
Originally Posted by nmoon83
Everything has been going swimmingly till now and really its just a few queries.
As the title of my post states i filed my i-485 back in sept 2011 and they still havent processed it yet although they are catching up to my date now.
I-765 is not a work visa, it's an application form - an application for employment authorization. The employment authorization document (EAD) is I-766.

Likewise, advance(no 'd') parole is I-551. I-131 is the application for advance parole, as well as the application for other travel documents.
Originally Posted by nmoon83
My questions are:
my work visa (i-765) is coming up to end and i need a new one. Possibly as well as advanced parole? (i-131)
Only if you want or need to renew you advance parole. As for the fee, you can read the instructions as well as I.
Originally Posted by nmoon83
Do I need a new advanced parole form to put in with my i-765. Does i-131 need renewing? if so what fees do i pay?
The I-485 is still in process, the I-131 is not. The I-131 you originally filed has been processed. You are now contemplating the filing of a new, second I-131.
Originally Posted by nmoon83
Also what fees do I pay as currently as i filed under C-9 catagory from coming from a K-1 and its STILL in process I technically dont have to pay any fees?
Yes, it does. See that line that starts "Card expires: ..."? That card is not only your EAD (I-766), it's also your APD (I-551).
Originally Posted by nmoon83
... my ead card has combined advanced parole on it and it DOESNT state when it ends im ASSUMING it ends on the same date as my ead but even on the forms it really doesnt cover renewals i have no idea when my AP ends.
So you do need advance parole - as insurance of sorts if an emergency should arise.
Originally Posted by nmoon83
I do not NEED my AP at all its only if an emergency situation happens and it looks like i may have to wait 6 months or so. So if i have to pay for it i might not bother.
It seems that you may now be eligible to apply for US citizenship? Doing so will force action on your application to adjust status.

Regards, JEff

Last edited by jeffreyhy; Sep 25th 2012 at 1:42 pm.
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Old Sep 25th 2012, 2:12 pm
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Default Re: Extended I-485 processing times and EAD/advanced parole

ok i did actually correct myself in my second post about the EAD. It doesnt state anywhere when I applied when the expiry date of the i-551 as u state ends i only have the card date expiry but thank you for your input that you say it IS the expiry for my I-551 too.

As for the fees it isnt actually straight forward at all. for the EAD i have the "option" of paying a renewal cost or do i not pay anything at all as im still under the catagory of a C-9. so i dont know what fees to pay.

When i said about the date playing catch up i was attempting to add some light humour to the fact that that i have been waiting for over a year and im still having to wait for a further 6 months or so as they are currently on 8th march 2011 and are "catching up" to the date i filed!

Apologies that i didnt provide an entirely accurate first post and tried to make it lighthearted even if you can get the general idea of what im saying.

Oh and jeff even you should know you cant apply for citizenship on a k1 after 1 year without a greencard. n-400 clearly states i have to be a perminant resident for 3 years (as im married to a us citizen)
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Old Sep 25th 2012, 3:44 pm
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Default Re: Extended I-485 processing times and work visas/advanced parole

Originally Posted by jeffreyhy
It seems that you may now be eligible to apply for US citizenship? Doing so will force action on your application to adjust status.

Regards, JEff
On what basis could she apply for USCship? She's not even a PR yet.

Also, I-551 is the document number for both the AP *and* the green card? Seems odd they'd have the same number when they are completely different things.

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Old Sep 25th 2012, 3:54 pm
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Default Re: Extended I-485 processing times and work visas/advanced parole

nmoon83,

Did you read the I-765 instructions? http://www.uscis.gov/files/form/i-765instr.pdf

Page 8, left column, about halfway down, "Renewal EAD" - there is your answer.

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Old Sep 25th 2012, 3:58 pm
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Default Re: Extended I-485 processing times and EAD/advanced parole

Right. I was asleep on that one, I was thinking of removing conditions - way ahead of your situation. My apologies for that error.

Regards, JEff


Originally Posted by nmoon83
Oh and jeff even you should know you cant apply for citizenship on a k1 after 1 year without a greencard. n-400 clearly states i have to be a perminant resident for 3 years (as im married to a us citizen)
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