AOS filed July 2014

[aos14]

Hello,

I filed my AOS under EB2 in July 2014. Got my EAD/AP card in October-2014. Dates have moved back to Feb-2005. My priority date is Aug-2008. So far so good.

 

My question is, when dates start moving in summer of 2015, and if we can assume that dates will be back to some time in 2009 or late 2008, would my 485 get automatically approved on the first day of that month when the visa bulletin date is greater than my priority date. Please help me understand how this works.

 

When can I start using my EAD? My I-485 application was received on July 1st, 2014 by USCIS. So , can I move to another job (with the same description) on Jan 1st since I read that I can use my EAD since 6 months after my i-485 is pending.

 

If I change my employer, and if USCIS calls me for an interview before I-485 approval, would that be a problem?

 

Am I required to work for the employed that filed my GC after I get my GC. Is there a minimum time that I'm supposed to work for that employer.

 

Would greatly appreciate your thoughts.

 

aos14.

[ksribhas]

1. You can start using EAD after it is received

2. You probably were intending to ask about AC-21 when you said new job on Jan1. That has nothing to do with EAD. You can use AC-21 , 180 days from the pending time of I-485 . It is not necessary that you should only move via EAD. You can move to new employer on the current non immigrant classification as well.

3. A pre I -485 interview will not be a problem as long as you are able to establish that you moved on through to the new employer based on AC-21 provisions.

4. There is no law mandated period. The intention is you will work with the employer for an indefinite period. What that period is case by case basis. Generally 1 year is the norm.

[aos14]

When the dates start moving again (in June/July 2015), when will my I-485 be approved? I'm assuming that USCIS is not looking for any further information from my side.

 

Let's say in June 2015, the dates move to sometime in 2009. Would my I-485 be approved in the month of July-15? What is the usual time period between I-485 approval and getting the actual card?

 

Thanks again for clarification.

[Attorney_6]

AOS14,

Once the visa numbers become available for the particular priority date, it is possible that the case could be approved early in the month. I-485s are all reviewed and processed, even if the dates aren't current. They are "pre-adjudicated" and just waiting for the Department of State to release a visa number for the particular case.

 

There is not necessarily any more decision making required from the USCIS at that point, as the case was previously reviewed.

 

However, all of this depends on how long there is between the filing of the I-485 and the time the PD becomes current. If enough time elapses, the medical will expire and the USCIS will have to send an RFE. That will request the medical, as well as updated employment information etc.  

[ashuneel]

Attorney_6,

What other considerations are there in such case (like AOS14) if I-140 concurrent filing is done.

[aos14]

Attorney_6,

My case status shows "Fingerprint Fee Was Received". Could you please tell me when they usually start changing? Iknow that veery case could be different but I'm curious what is the general trend.

 

Thanks again for your taking time to answer my questions.