What is the approximate time for processing an I-485 for applicants from India? Can I get an EAD card as soon as I file an I-485 application?
The current processing time is currents for Indian nationals, there is no undue waiting period. However, based on experience if an application may take about seven to 15 months before the USCIS finishes its processing. This range of time may keep fluctuating from time to time and as the number of applications keep rising. You can request for an EAD card upon filing an I-485 application but, generally it takes about 90 to 120 days before a card is issued.
I-485 processing times for India-born nationals are the same as everybody else. Assuming you are otherwise eligible, it's approximately seven to 10 months, but, of course, it's subject to change.
All processing times are published on USCIS.gov. The period of time fluctuates according to the workload at USCIS. You will be able to receive a work permit if you file that I-765 application with your I-485. It can take from three to five months to get.
Refer to the USCIS website to obtain average processing times based on your local field office. You can apply for EAD by filing form I-765 along with your I-485. You can also file I-131 for advance parole document to travel while I-485 is pending. It takes USCIS on average 90 days to have EAD/travel document combo card processed.
It is the same as everyone else. On the site, click on tools and case processing times to see.
Currently, there is no visa backlog for Indian nationals for EB-5 category, so you would be able to file I-485 as soon as I-526 is approved. I-485 processing time would vary depending on what jurisdiction you file. And yes, you should file the EAD at the same time as I-485 and that should be issued in three to four months.
I-485 petitions for employment-based processes (like EB-5) can take several years. You can file for an EAD with the I-485, but that takes about three to five months to process (it is not immediate). Depending on your circumstances, it may be faster to go through the National Visa Center and consulate.
There is currently no backlog for Indian-born nationals, although one is anticipated. The process for adjudicating applications for adjustment of status is taking more than a year. It is somewhat likely there will be retrogression and there will be a cutoff date for Indian nationals based upon their priority date, which would be the date your I-526 petition is approved. Should that happen, it would not be possible for the USCIS to approve your application for adjustment of status until a visa number becomes available. However, the wait should not be significant in any event and you would be eligible for an EAD and advance parole.
In order to file an adjustment, your final action date must be current. It is current now, but there are predictions that it will backlog by June or July next year. One it backlogs, your case cannot be approved until your priority date is current under Chart A. It also take about four to five months to get an EAD after filing an adjustment.
At this time, there is no wait for an Indian national to file the I-485. If you are in a valid status and your I-526 is approved, you may file the I-485 immediately. You will be given an EAD/travel combo card within 90 days of filing the I-485 packet because the packet includes I-485, I-765 (work authorization) and I-131 (travel permit) applications all together. The processing time for I-485 could be a year or more because the Trump administration requires every employment-based I-485 applicant to be interviewed. Depending on the caseload of the field office where you are located, the wait could be even two years or more. The Baltimore field office of USCIS for those people living in Maryland, for example, is showing up to 24.5 months as normal processing times, currently processing cases filed Nov. 1, 2016, or earlier.
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