诚心请教各位兄弟姐妹几个问题.
We filed I-485 and EAD (Our NIW based I-140 was approved. I am on J-2). The problem is we haven’t yet got our J-1/J-2 waived (We got a waiver case number from DOS, and are already in the waiver process). We understand I-485 approval requires J-1 to be waived first. So we were a bit surprised that we received the Receipt Notice from USCIS one week after 485 submission. Besides, USCIS website indicates our case will need 1 to 1 and half years to process.
Now my 1st question is “Will USCIS deny our I-485 if our J-1/J-2 are not waived in time? Or they will be kind enough to send us RFE?”
Question 2: Having I-485 Receipt Notice, I am going to file application for AP. Will they issue me an AP regardless of the fact that my J-2 hasn’t been waived?
Question 3, which is my most concern: If I leave the US without having an AP, would I lose my I-485 when I return with a new J-2? And if I return the US by using an AP, would my current J-2 be revoked? Am I stuck in a dilemma?
Thank you very much in advance.