Nilla Posted August 21, 2013 Report Posted August 21, 2013 My husband received the approval for his perm this morning and I know the next step is the I140 but i think they are going to do I140 &I485 at the same time. Does that speed things up?1.If he applies for concurrent I140 & I485 , shall i apply at the same time.2.If 1-485 is filled ,can i leave the country [ I am planning to go on 8 weeks FMLA]3.My husband also planning to travel in January , is there a chance for RFE if he is out of country for 3 1/2 weeks.Any input is appreciated.
pontevecchio Posted August 21, 2013 Report Posted August 21, 2013 What is his country of birth? And Your's?
Nilla Posted August 21, 2013 Author Report Posted August 21, 2013 India .. Porting EB3 to EB2 ... EB3 PD June 2005 .
pontevecchio Posted August 21, 2013 Report Posted August 21, 2013 1. Yes 2. Once you have the AP. 3. He also needs the AP or a valid H1
Belle Posted August 22, 2013 Report Posted August 22, 2013 You can and should file your own I-485 when your husband files his. Generally, Advance Parole application is submitted with I-485. If you need to travel before the AP is approved, you (or your husband) can use a valid H1/H4 or L visa. RFEs are given a response timeframe which is generally at least 30 days, and can be as long as 90 days. Initial RFEs usually come ~2 months after filing. Assuming you have a lawyer, you don't really need to worry about RFEs.
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