British Expats

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-   -   I-485 Processing Time (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/i-485-processing-time-939036/)

VenturaBlvd Jun 11th 2021 3:14 pm

I-485 Processing Time
 
Hi everyone, I am currently living in the US and came here originally on a H1B which is in status through February 2022.
I am now married to my spouse who is a USC.

1/28/21 We filed our I-485
5/1/21 Received RFE (They just wanted a copy of our 2020 taxes)
5/20/21 Receipt for our RFE response

Just wondering how quickly we can expect this to move forward. I thought it was a good sign that they had begun to process our application but hoping the RFE doesn't add to much of a delay.
I'd love to be able to travel back to the UK at some point to see family but obviously can't until I receive my advanced parole.

Anyone have any similar experience?

TexanScot Jun 11th 2021 4:16 pm

Re: I-485 Processing Time
 

Originally Posted by VenturaBlvd (Post 13016657)
I'd love to be able to travel back to the UK at some point to see family but obviously can't until I receive my advanced parole.

H-1B is dual intent.

If you're still in H-1B status and your visa is valid, you can travel to the UK and re-enter the US without terminating your application for Adjustment of Status, current travel restrictions notwithstanding.

VenturaBlvd Jul 12th 2021 9:09 pm

Re: I-485 Processing Time
 
Thanks. Just got notification for my biometrics appointment next week which is a productive next step. Do you or anyone here know the current timing between completing biometrics and getting their work permit and advanced parole issued?

destone Jul 13th 2021 12:40 am

Re: I-485 Processing Time
 
I can talk about my experience (L-1A) during Covid-19:
  • I-140 submitted 13 May, 2020
    • RFE issued 2 Oct, 2020
    • RFE response submitted 20 Oct, 2020
    • I-140 approved 5 Nov, 2020
  • I-485 submitted 22 June, 2020
    • Biometrics appointment 15 Sep, 2020
    • RFI issued (medical, even though we submitted with the original application) 1 Mar, 2021
    • RFI response submitted 25 Mar, 2021
    • I-485 approved 28 Jun, 2021
    • Green cards delivered 6 Jul, 2021

circusplaza Jul 18th 2021 8:28 pm

Re: I-485 Processing Time
 
Came to USA on L1A visa:

- i-140 submited 15Dec2020
- not even RN received… I am freaking out and the lawyers said it is notmal.
- i-485 still not submitted as per the late advice from the lawyers - they already have all my pepers and med exams… I think I will have to re-do them as I took them in Jan 2021 and they have a 6 month validity :(

I am actually desperate with the situation…

destone Jul 18th 2021 8:54 pm

Re: I-485 Processing Time
 

Originally Posted by circusplaza (Post 13030726)
Came to USA on L1A visa:

- i-140 submited 15Dec2020
- not even RN received… I am freaking out and the lawyers said it is notmal.
- i-485 still not submitted as per the late advice from the lawyers - they already have all my pepers and med exams… I think I will have to re-do them as I took them in Jan 2021 and they have a 6 month validity :(

I am actually desperate with the situation…

It is incredibly frustrating that you still haven’t received the RN. Is there a reason why you didn’t file concurrently?

circusplaza Jul 18th 2021 10:10 pm

Re: I-485 Processing Time
 

Originally Posted by destone (Post 13030732)
It is incredibly frustrating that you still haven’t received the RN. Is there a reason why you didn’t file concurrently?

yes, the law firm says better to wait at least for a sign of the i-140.
I insisted many time if we can do something else like filing again or so, but they keep pushing back confirming it will be worse and I will get an RFE right away, which I think based on the likelihood of RFEs these… it is worth to go for it, as many of us get anyways an RFE.

TexanScot Jul 19th 2021 3:00 pm

Re: I-485 Processing Time
 

Originally Posted by circusplaza (Post 13030748)
yes, the law firm says better to wait at least for a sign of the i-140.

Better in what way?

Filing your I-485 concurrently means that you would at least gain the benefits of a pending I-485 whilst waiting for adjudication.

tht Jul 19th 2021 4:01 pm

Re: I-485 Processing Time
 

Originally Posted by circusplaza (Post 13030726)
Came to USA on L1A visa:

- i-140 submited 15Dec2020
- not even RN received… I am freaking out and the lawyers said it is notmal.
- i-485 still not submitted as per the late advice from the lawyers - they already have all my pepers and med exams… I think I will have to re-do them as I took them in Jan 2021 and they have a 6 month validity :(

I am actually desperate with the situation…

Why are you desperate? When does your L1a expire? Is there another reason you need the GC vs the L1a status (like you want to study or get a second job)?

I find it hard to believe the lawyers don’t have a receipt number. I thought this was issued when the check was cashed. And any law firm worth anything would send it tracked / monitor the payment being cashed.

I have heard of firms that will only update employees on a need to know based (not the same as you want to know). I believe the idea is to hold the approved I-140 as long as they can, a GC means an employee can leave that employer (in theory the day they get it, although there is debate about possible impact on future USC application when this is done).

While it could be unopened on a pile due to CV19, I had a letter from the IRS that was printed and then left in the out tray for 3 months as they happened to close that office the day it was printed and no one thought to mail everything before walking out… I would also consider that it’s related to the employers choice not USCIS. Are there other employees who have GC’s was their experience different to yours?



S Folinsky Jul 19th 2021 4:45 pm

Re: I-485 Processing Time
 

Originally Posted by TexanScot (Post 13030920)
Better in what way?

Filing your I-485 concurrently means that you would at least gain the benefits of a pending I-485 whilst waiting for adjudication.

I can envision situations where it might be a good idea holding off filing of the I-485. Do note my use of "might." There are judgment calls where competent lawyers reasonably disagree.

Without knowing the entire case, I would not form an opinion.

circusplaza Jul 19th 2021 7:36 pm

Re: I-485 Processing Time
 

Originally Posted by TexanScot (Post 13030920)
Better in what way?

Filing your I-485 concurrently means that you would at least gain the benefits of a pending I-485 whilst waiting for adjudication.

I fully understand this, hence my push for them to carry on with the originally designed journey a few months back.


Originally Posted by tht (Post 13030939)
Why are you desperate? When does your L1a expire? Is there another reason you need the GC vs the L1a status (like you want to study or get a second job)?

I find it hard to believe the lawyers don’t have a receipt number. I thought this was issued when the check was cashed. And any law firm worth anything would send it tracked / monitor the payment being cashed.

I have heard of firms that will only update employees on a need to know based (not the same as you want to know). I believe the idea is to hold the approved I-140 as long as they can, a GC means an employee can leave that employer (in theory the day they get it, although there is debate about possible impact on future USC application when this is done).

While it could be unopened on a pile due to CV19, I had a letter from the IRS that was printed and then left in the out tray for 3 months as they happened to close that office the day it was printed and no one thought to mail everything before walking out… I would also consider that it’s related to the employers choice not USCIS. Are there other employees who have GC’s was their experience different to yours?

my L1 is due in Feb and we filed already the extension.
my rush is about having here security, being able to settle here with less hussle and think about buying a house with more security than the one I have now…
Hopefully my company is not holding anything, I will be surprised if someone in HR is making this decision.

I have no time nor energy (neither I need the income so far) for a second job.

TexanScot Jul 19th 2021 8:17 pm

Re: I-485 Processing Time
 

Originally Posted by S Folinsky (Post 13030951)
I can envision situations where it might be a good idea holding off filing of the I-485. Do note my use of "might." There are judgment calls where competent lawyers reasonably disagree.

Without knowing the entire case, I would not form an opinion.

For the benefit of the curious - appreciating of course that you don't know the details of any particular case - can you generalize as to when it might be useful to hold off on filing an I-485?

destone Jul 20th 2021 4:49 am

Re: I-485 Processing Time
 

Originally Posted by TexanScot (Post 13031027)
For the benefit of the curious - appreciating of course that you don't know the details of any particular case - can you generalize as to when it might be useful to hold off on filing an I-485?

+1


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