Question About I-485 Processing When Dates Became Current? Options
Q: I have questions regarding I-485. Recently I got my petition for alien of extraordinary abilities approved. (originally filed in Nebraska Nov. 22, transferred to Texas, request for extra evidence in Feb., I assume they lost the file, filed again in the end of April, got the notice of action on June 4-th) From the notice I understood that the following step is filing I-485. Well my lawyer got the original notice probably and knows what to do but... The problem is he cannot be found (sounds familiar:) ??), and I am very eager to have my questions How long after filing in Texas does it take them to mail you the work permit and stamp your passport for travel? My passport has expired but I was waiting to get this decision before I mail it for renewal. Is that going to be a problem? Is there a way to return to my country to renew my passport without having to renew my H visa in reasonable time (3-4 months)? answered. I would appreciate any input
A: -You need a *good* immigration attorney. You need him desperately! An attorney who can't be found is pretty worthless for you. The situation is worse: if you can't find him, INS probably can't, either. Chances are that the I-140 approval notice was returned to INS as undeliverable and destroyed (call INS to confirm this!) If that is the case, here is what you should do (AFTER consulting with a good professional attorney -It's going to take a year or so, sorry, nothing we can do about it. While you are at it, I would suggest you also request that INS notify a consulate in your home country of your I-140 approval. Make sure you pick a consulate that actually issues immigrant visas. That is going to save you a lot of time later, and since you have to file the necessary form (the same I-824) anyway, you won't lose time (discuss this with a professional since there can be side effects, depending on details of your situation). -Well, it's a bit more complicated than that. Processing the I-485 can take three years, so you would file for employment authorization and a travel permit (Advance Parole) separately (forms I-765 and I-131, respectively) - you would include them in the same envelope. (Note: if your H-1B is still valid, this is not necessary, you can continue to use your H-1B both for working and for travelling). The Advance Parole travel document is not a stamp in your passport, but a couple sheets of paper. Your passport doesn't get stamped until your I-485 is approved. -Yes, you should have a valid passport at all times while in the US. In fact, with the I-485, you will need to file a photocopy of your passport (all pages). -You may be able to renew the passport at a consulate of your home country without leaving the US. Otherwise, you would need either an H-1 visa to return, or advance parole.
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