I-130/I-485/I-765 case received - H1-B Amendment RFE

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Hello Folks,

I have applied for AOS based on Marriage to USC. Concurrently filed I-130, I-485, I-765, I-131 in November first week. And all of these status show "Case received" and I have alrady given biometric for I-485 at local USCIS Application center.

I'm currently on H1-B  and my employer had to file H1-B amendment as I moved to a different location and different team but same client. And couple of days H1-B showed RFE and it's regarding Level 1 wages, which my employer is preparing to respond.


What is the current processing timeline for I-765 to be issued?

I know after filing I-485/I-130 I can stay within U.S - no matter what my current status is, is that correct?

What if my H1-B is denied for any reason and I do not get I-765 issued by then? What would be my situation?

Any information provided is greatly appreciated.



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  • 2 months later...
On 2/5/2018 at 5:01 PM, pontevecchio said:

Based on the receipt, you are good to stay. If not once you get the EAD you can work on that basis. Transgressions by the spouses of US Citizens are usually ignored. Worst case stop working if the H1 extension is denied and restart once you get the EAD. You will most likely get the GC before the EAD.

Pontevecchio - I still see no progress in my concurrent filings (I-130, I-485, I-765, I-131 in November 2017). But when I check for other petitions that are filed at a later date than mine, I see few cases approved and called for Interview. Is this not first come first serve basis? And if they need additional info, they will send in RFE correct? can they just skip some petitions for whatever reason? 

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