Attorney avoids filling I-131 along with I-485 for me

[FreeWoRLD 15]

Good afternoon to all,

 

Immigration attorney of the company that I work for recently filed I-485 package for us as a family.

Category is EB2 and I have been out of status for more than a month since my work visa is already expired AND visa extension is also denied. Thankfully, I became current in October 2020 Bulletin and we applied for AOS. 

 

However, he (attorney) avoided and told me it is not recommended at all for my case to apply for I-131 (advance parole) even though I asked for it but only applied for EAD. So, package that was fully prepared by him (the attorney)  is sent without I-131 already. 

 

So, I have a few questions based on this situation and I'd be glad if you could share your valuable opinions;

 

• Any idea why I would not be eligible or not be recommended to apply to I-131? What could be the reason or law behind this?
• Can I apply to I-131 after receiving application notification (for I-485) for myself and keep it to myself as in, not informing the attorney? I honestly don't feel comfortable with the idea of being stuck until GC finally is approved and we all know how long I-485 step takes overall.

 

Many thanks to all who take the time to reply to those in need in this forum. 

 

 

 

 

 

Edited October 11, 2020 by FreeWoRLD

[Lucky2Lucky 2,526]

I can only speculate why your attorney told you it is not recommended to apply for I131. Possibly because attorneys feel this is more so if you plan to leave the country (with specific dates/places/specific reasons) rather than a "just in case" I need it. Maybe you paid an all inclusive fee and this wasn't included in it. If company is paying for attorney and you are not- having the I-131 has no impact on your job (it's not needed for you to work there-not a condition of employment) therefore they did not deem this necessary for them- or you. 

 

I don't see why you can't apply for the I131 on your own - it is your choice if you want to keep this from the attorney. 

[Boiler 45,525]

So the Employers lawyer filed for you to adjust status when you were not in status?

[FreeWoRLD 15]

17 minutes ago, Boiler said:

So the Employers lawyer filed for you to adjust status when you were not in status?

Being under 180 days of out of status, yes they did.
Per INA 245k, as long as it’s less than 180 days and Employment Based , you are allowed to apply AOS

Edited October 11, 2020 by FreeWoRLD

[igoyougoduke 1,656]

you do not qualify for adjustment of status due to out of status.  Your AOS will most likely be denied due to lack of status while applying.

 

Dont know why your attornet recommended not to apply AP but that makes no sense.

 

 

[FreeWoRLD 15]

24 minutes ago, James120383 said:

you do not qualify for adjustment of status due to out of status.  Your AOS will most likely be denied due to lack of status while applying.

 

Dont know why your attornet recommended not to apply AP but that makes no sense.

 

 

Sorry, that’s not correct. As I mentioned in previous post, per INA245k, you are allowed AOS being out of status for less then 180 days in EB related application. 
 

just wanted to note for future reference.

 

 

Link for the policy;

INA245

Edited October 11, 2020 by FreeWoRLD

[igoyougoduke 1,656]

1 hour ago, FreeWoRLD said:

Sorry, that’s not correct. As I mentioned in previous post, per INA245k, you are allowed AOS being out of status for less then 180 days in EB related application. 
 

just wanted to note for future reference.

 

 

Link for the policy;

INA245

you never specified you filed under 245

[FreeWoRLD 15]

37 minutes ago, James120383 said:

you never specified you filed under 245

There is no such thing as “filing under 245k”. It’s USCIS’ responsibility to determine which policy applies in the case of 245k. Also, you do not file anything additional along with I-485 package to be eligible for 245k.
 

Once more... noting for future reference so correct information stays in the post. This information is literally in the link I sent you on the post that you quoted. Additionally, I noted about 245k on the last post before  you posted.
 

I am not here to start an argument or anything like that as that’s the last thing we need here but please stop commenting on things you have no idea of for the sake of quality of the information in the forum. I just asked a question that’s completely unrelated to your discussion and I’d rather talk about the original question from this point on. Thanks.

 

No additional filing required for 245k.

Same link I posted before;

Bullet Point 5

 

—————————————
5. Evidence to Consider

An alien seeking the INA 245(k) exemption must properly file an adjustment application as specified in the form instructions, but he or she is not required to submit any additional forms or fees. If an officer determines that an INA 245(c)(2), INA 245(c)(7), or INA 245(c)(8) bar applies in a particular case, the officer should use the following evidence submitted in support of the adjustment application to analyze the alien’s eligibility for the exemption: 

 

Edited October 11, 2020 by FreeWoRLD

[HRQX 4,145]

7 hours ago, FreeWoRLD said:

Can I apply to I-131 after receiving application notification (for I-485) for myself and keep it to myself

Yes. It'll be free to file: "NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the Form I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending" "Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007." https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with MSC (example: MSC1234567890 or Does not have three letters at the beginning (example: 1234567890)	USCIS Chicago Lockbox For U.S. Postal Service : USCIS P.O. Box 805887 Chicago, IL 60680-4120 For FedEx, UPS, and DHL deliveries: USCIS Attn: FBAS 131 S. Dearborn, 3rd Floor Chicago, IL 60603-5517
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with: EAC (example: EAC123054956)       or SRC (v: SRC0595784321)	USCIS Dallas Lockbox For U.S. Postal Service: USCIS PO Box 660867 Dallas, TX 75266 For FedEx, UPS, and DHL deliveries: USCIS Attn: NFB AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with: LIN (example: LIN1230549568) or WAC (example: WAC0596784321)	USCIS Phoenix Lockbox For U.S. Postal Service: USCIS P.O. Box 21281 Phoenix, AZ 85036 For FedEx, UPS, and DHL deliveries: USCIS Attn: NFB AOS 1820 E. Skyharbor Circle S Ste. 100 Phoenix, AZ 85034

Edited October 11, 2020 by HRQX

[xyz12345 260]

You can AOS as long as your I-140 was approved before the work visa expires. If it was approved after visa expiration, then you have to do consular processing. 

Edited October 11, 2020 by xyz12345

[FreeWoRLD 15]

 

1 hour ago, HRQX said:

Yes. It'll be free to file: "NOTE: If you filed Form I-485 on or after July 30, 2007, and you paid the Form I-485 application fee required, then no fee is required to file a request for an Advance Parole Document or Refugee Travel Document on Form I-131 if your Form I-485 is still pending" "Under these circumstances, you may file Form I-131 together with your Form I-485, or you may submit Form I-131 at a later date. If you file Form I-131 separately, you must also submit a copy of your Form I-797, Notice of Action, receipt as evidence that you filed and paid the fee for Form I-485 required on or after July 30, 2007." https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf

 

Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) Begins with MSC (example: MSC1234567890 or Does not have three letters at the beginning (example: 1234567890)	USCIS Chicago Lockbox For U.S. Postal Service : USCIS P.O. Box 805887 Chicago, IL 60680-4120 For FedEx, UPS, and DHL deliveries: USCIS Attn: FBAS 131 S. Dearborn, 3rd Floor Chicago, IL 60603-5517
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with: EAC (example: EAC123054956)       or SRC (v: SRC0595784321)	USCIS Dallas Lockbox For U.S. Postal Service: USCIS PO Box 660867 Dallas, TX 75266 For FedEx, UPS, and DHL deliveries: USCIS Attn: NFB AOS 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067
Filing your Form I-131 alone, and your Form I-485 receipt notice (Form I-797C, Notice of Action) begins with: LIN (example: LIN1230549568) or WAC (example: WAC0596784321)	USCIS Phoenix Lockbox For U.S. Postal Service: USCIS P.O. Box 21281 Phoenix, AZ 85036 For FedEx, UPS, and DHL deliveries: USCIS Attn: NFB AOS 1820 E. Skyharbor Circle S Ste. 100 Phoenix, AZ 85034

Thank you, very informative. 

Edited October 11, 2020 by FreeWoRLD

[FreeWoRLD 15]

33 minutes ago, xyz12345 said:

You can AOS as long as your I-140 was approved before the work visa expires. If it was approved after visa expiration, then you have to do consular processing. 

Would you mind sharing the official source for this information? 

Edited October 11, 2020 by FreeWoRLD

[xyz12345 260]

20 minutes ago, FreeWoRLD said:

Would you mind sharing the source for this information? 

Sorry, maybe I am a bit wrong. It's been a while. Thank you for the follow-up.  

 

I think if you filed for the I-140 before the work visa expires, you can still apply for AOS even if it was only  approved after the visa expired. If you only apply for I-140 after the visa expires (e.g., self petition), then you have to do consular processing.

 

Source : personal consultation with lawyer. I didn't google for additional verification. 

Edited October 11, 2020 by xyz12345