Concurrent Filling I-130&I-485 while I-140 approved

[raseshshah]

Hi,

I have I-140 approved via Employement and waiting on priority date to be current.

My wife is US Citzen so I am elligible for Family based concurrent filling of I-130 and I-485.

I am on H-1B visa, which does not expire until March 2014.

I have couple of questons:

1. Do I need to file below 3 forms if I am on valid H1B and have no plans of traveling outside US until January 2014..?

• I-864 (Affidavit of Support)
  
• I-765 (Application for Employment Authorization)
  
• I-131 (Application for Travel Document)
  

2. Do I need to withdraw my I-140 approved application..?

Thanks

[pontevecchio]

Has the family based I-130 been filed?

[raseshshah]

Has the family based I-130 been filed?

No I-130 is not filed yet. It will be filled concurretnly with I-485.

[pontevecchio]

First file the I-130 based on family ties along with AOS. Once the receipt is in hand you can wait for the GC.

[raseshshah]

First file the I-130 based on family ties along with AOS. Once the receipt is in hand you can wait for the GC.

Do I also need to file following...?

• I-765 (Application for Employment Authorization)
  
• I-131 (Application for Travel Document)
  

[pontevecchio]

Let us assume the application is on file and you have the receipt. If the H1 employer lays you off you cannot leave the country without AP and cannot work without EAD. If you are not bothered about visiting in the 6-8 months it takes for your GC then do not apply for EAD or AP. Likewise if you think no problems with being in H1 status till 2014 by which time you will have the GC.

[raseshshah]

Thanks for your feedback.

[raseshshah]

Let us assume the application is on file and you have the receipt. If the H1 employer lays you off you cannot leave the country without AP and cannot work without EAD. If you are not bothered about visiting in the 6-8 months it takes for your GC then do not apply for EAD or AP. Likewise if you think no problems with being in H1 status till 2014 by which time you will have the GC.

While on approved EAD and AP, can I also apply for H1-B extension..?

[pontevecchio]

Yes, You can.