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Immigration
Adjustment of Status - I-485
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I-485 Approved without EAD/AP
This forum has been very helpful for any of my immigration related questions and so I would like to share my experience of AOS.
Background: H1-B holder with visa expiring in early Sep, 2016.
Applied for marriage based GC. I filed my AOS by submitting I-485, I-130, I-765 and I-131 together.
4/3/2016 – Application sent to USCIS
4/5/2016 – PD received for April 5th, 2016
4/18/2016 – Received NOA for all four applications.
4/29/2016 – Biometric Appointment Received
5/11/2016 – Biometric Completed.
5/24/2016 – Initial interview notice received for July 26, 2016(Surprised to see it so quick and confused at the same time as none of the case status was ever updated online for any of the applications other than “My case was received’)
Started waiting for EAD/AP. After more than 90 days passed, on July 8th I created online SR to know the status for EAD. I got the response back on 7/18 saying its still under review (no help?). Lawyer said the interview came fairly early so I might not receive the EAD or receive later.
We were already approaching the interview date so started gathering all necessary documents.
6/27/2016 – Interview done.
The IO was very polite and nice. We were asked for our IDs/Passports. She asked us all general questions from the filed application forms. She asked me to show her the all visas that I had before my H1 to make sure I was maintaining my status all these years and had no gaps. (Validated F1, I-20’s, OPT and H1 approval).
She looked at my ID and asked reason for not having current address on my ID (I moved from different state). She asked if I didn’t have time to go to DMV in these few months. I explained her that I went twice but since my H1 was expiring in early September I was told that they could not issue me license beyond that period and I can drive with my out of state ID as long as its valid. She asked if I had received my EAD which I could use to get the address updated. I said I never received it and do not see any status change since I had applied. IO mentioned that yes she heard about the backlog but not sure how much.
Asked few more questions to my husband (all supporting documents) while still looking at my passport. IO asked if I had B1-B2 visa earlier and I said yes I had. I forgot to mention about that when she asked earlier to show the copy of all visas that I ever had. Though I did submit the copy of the same while filing the application so was nothing to hide. IO asked if I ever overstayed when I visited on tourist visa and answer was No.
At the end IO told us that she will review the file and have the decision in 2 weeks if its approved or not and then if approved it will take upto 8 weeks to get the card in mail. This raised concerns in my head and I asked for advice since my H1 was going to expire soon and didn’t receive my EAD (which was expected much earlier) I may face issues for maintaining my job. She understood the concern and told us that she will review the file same day and if everything looks fine we should have the decision updated by next day. I was happy with the response. Interview done we walked out. I received text message in 2 hrs that the status for my application was updated. I checked online and saw the status ‘New card is being produced’ (So relieved and happy?)
7/27/2016 – Status updated to ‘Case was approved’
7/28/2016 – Status updated to ‘We have mailed your new card to the address you gave us’
7/29/2016 – Received Welcome Letter in a mail and now waiting for card? hopefully I receive it soon!
The entire process took 4 months for me with the fact that I didn’t receive EAD/AP. The status online for 1-131 and I-765 still shows as ‘We received your case’.
Wish you all good luck and keep sharing your experiences for others.
Background: H1-B holder with visa expiring in early Sep, 2016.
Applied for marriage based GC. I filed my AOS by submitting I-485, I-130, I-765 and I-131 together.
4/3/2016 – Application sent to USCIS
4/5/2016 – PD received for April 5th, 2016
4/18/2016 – Received NOA for all four applications.
4/29/2016 – Biometric Appointment Received
5/11/2016 – Biometric Completed.
5/24/2016 – Initial interview notice received for July 26, 2016(Surprised to see it so quick and confused at the same time as none of the case status was ever updated online for any of the applications other than “My case was received’)
Started waiting for EAD/AP. After more than 90 days passed, on July 8th I created online SR to know the status for EAD. I got the response back on 7/18 saying its still under review (no help?). Lawyer said the interview came fairly early so I might not receive the EAD or receive later.
We were already approaching the interview date so started gathering all necessary documents.
6/27/2016 – Interview done.
The IO was very polite and nice. We were asked for our IDs/Passports. She asked us all general questions from the filed application forms. She asked me to show her the all visas that I had before my H1 to make sure I was maintaining my status all these years and had no gaps. (Validated F1, I-20’s, OPT and H1 approval).
She looked at my ID and asked reason for not having current address on my ID (I moved from different state). She asked if I didn’t have time to go to DMV in these few months. I explained her that I went twice but since my H1 was expiring in early September I was told that they could not issue me license beyond that period and I can drive with my out of state ID as long as its valid. She asked if I had received my EAD which I could use to get the address updated. I said I never received it and do not see any status change since I had applied. IO mentioned that yes she heard about the backlog but not sure how much.
Asked few more questions to my husband (all supporting documents) while still looking at my passport. IO asked if I had B1-B2 visa earlier and I said yes I had. I forgot to mention about that when she asked earlier to show the copy of all visas that I ever had. Though I did submit the copy of the same while filing the application so was nothing to hide. IO asked if I ever overstayed when I visited on tourist visa and answer was No.
At the end IO told us that she will review the file and have the decision in 2 weeks if its approved or not and then if approved it will take upto 8 weeks to get the card in mail. This raised concerns in my head and I asked for advice since my H1 was going to expire soon and didn’t receive my EAD (which was expected much earlier) I may face issues for maintaining my job. She understood the concern and told us that she will review the file same day and if everything looks fine we should have the decision updated by next day. I was happy with the response. Interview done we walked out. I received text message in 2 hrs that the status for my application was updated. I checked online and saw the status ‘New card is being produced’ (So relieved and happy?)
7/27/2016 – Status updated to ‘Case was approved’
7/28/2016 – Status updated to ‘We have mailed your new card to the address you gave us’
7/29/2016 – Received Welcome Letter in a mail and now waiting for card? hopefully I receive it soon!
The entire process took 4 months for me with the fact that I didn’t receive EAD/AP. The status online for 1-131 and I-765 still shows as ‘We received your case’.
Wish you all good luck and keep sharing your experiences for others.
All Replies (4)
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