Q&A’s published on Lawyers.com and the Epoch Times – 02/17/2017 1. Will My EAD on H-4 Visa Get Approved If My Husband’s Employer Has Withdrawn His H-1B Petition? 2. Can Illegal Alien Register for the Selective Service and Get Citizenship? 3. Criteria for English Test Exemption

1. Will My EAD on H-4 Visa Get Approved If My Husband’s Employer Has Withdrawn His H-1B Petition?

My husband lost job on 15th July and got the I-140 approval on the 18th September filed through the same employer who had got his H-1B approved. However, they had withdrawn his H-1B petition and it had got revoked on the 23rd of September. Can I still file my EAD card since we have his I140 approval?

Mr. Lee answers:
The H-4 EAD is dependent upon your husband maintaining his H-1B status. As a dependent, you cannot exercise more rights than your husband. The energies of both you and your husband should be more on his finding another H-1B position as soon as possible and having that employer petition for a new H-1B.

 2. Can Illegal Alien Register for the Selective Service and Get Citizenship?

Undocumented immigrant or illegal alien entering without inspection (EWI) register for the selective service, can he get his citizenship?

Mr. Lee answers:
At this time, the Armed Forces of the US screen applicants and generally will not allow undocumented immigrants to join the branches. Those should do manage to slip in many times have difficult times in citizenship applications because of the prevarications used in entering the Service branch. The case law is divided on the naturalization eligibility of people who served honorably in violation of the enlistment provisions, and suggests that citizenship may be granted where the wrongful enlistment was innocent as opposed to fraudulent. However, please note that everyone who is not a nonimmigrant including undocumented immigrants is obligated to register for selective service. It seems strange having to register for service that a person will never get a chance to perform, but that is the law of the country. It may be that the US will be less selective if there is a serious war and will require the services of undocumented immigrants at that time.

 3. Criteria for English Test Exemption

My mom has been permanent resident for 12 years, and she is 76 year old. If she applies for Citizenship, can she be waived for English test?

Mr. Lee answers:
Your mother unfortunately cannot be waived for the English test as that is only available for persons who have held the green card for 15 years and are 55 years of age or 50 years and held the green card for 20 years.

Q&A’s published on the World Journal Weekly – 2/12/2017 1. F4 Category

1. F4 Category

I am a U.S. citizen and filed F4 immigrant cases for my two older brothers in 2011.  I got the receipts in 11/2011.  After that, I have not received anything from Immigration.  In 9/2015 and 11/2015 I mailed two certified letters to Immigration inquiring the cases.  F4 category will take about 12 years, but I want to know my waiting in-line’s number.  The receipts I got did not have the waiting number.  I am a law-abiding citizen, filed taxes and no criminal record.  Please tell me what I should do and when my cases will be approved?

Mr. Lee answers:
In cases like yours under the F4 category, U.S.C.I.S. has not given much priority to adjudicating the petitions because it knows that the entire case takes about (as you note) 12 years. The priority date is awarded at the time that the case is filed. Generally speaking, people in your situation just receive the receipt and have to wait years for an adjudication. If you filed a petition in the half of the country controlled by the Vermont service center, or if your case was transferred recently to any other service center than California, the adjudication should be coming shortly. Vermont is currently processing F4 petitions that were filed by 11/7/11. Cases that are transferred to service centers in Nebraska and Washington DC are taking approximately 5 months to adjudicate. The California service center is the laggard, adjudicating F4 petitions that were filed by May 17, 2011. 

Please note that it is sometimes a blessing to have a late adjudication in this category where children of the beneficiary are concerned since the time spent in the adjudication is time credited to the age of the children under the Child Status Protection Act (CSPA).


Q&A’s published on Lawyers.com and the Epoch Times – 02/10/2017 1. How Do I Add My Relative’s New-born Child in The I-130 Petition? 2. Applying for Naturalization Almost 3 Years After I-601 Approval and Green Card. 3. ETA Form 9089 – Question

1. How Do I Add My Relative’s New-born Child in The I-130 Petition?

I am a USA citizen and filled an I-130, Petition for Alien Relative, to petition my brother to the USA in 2006. My brother had a new-born daughter in 2007 after submitting the I-130. How to add the new-born child to the I-130 petition.

Mr. Lee answers:
Since U.S.C.I.S. generally does not take nine years to adjudicate an I-130 relative petition, I will assume that the petition is already approved and the file is at the National Visa Center, which can be described as the halfway house between U.S.C.I.S. and the consulate. I will further assume that you have already received some information from the National Visa Center giving you the case number at the agency. You can use that case number and the address on the paper to notify it that your brother has a daughter.  You should also enclose a copy of her birth paper. 

2. Applying for Naturalization Almost 3 Years After I-601 Approval and Green Card.

My husband was convicted of a CIMT (Crime Involving Moral Turpitude) 12 years ago. We already went through the I-601 process… he was approved, and has had a green card for almost 3 years now (by marriage to USC). He was not able to complete probation for that old crime until he entered with a Green Card and has had that probation completed for almost a year now. We want to start the naturalization process but I know about the 5 years of good moral character. Does that count from the time of his actual conviction or from the time he completed the probation for it? 

Mr. Lee answers:
Neither of your dates are correct. Good moral character starts not from the time of actual conviction nor the time that he completes probation, but from the time of the commission of the crime. As the CIMT was committed 12 years ago, he has satisfied the period of good moral character for the crime if you wait the full 3 years before making the application. I do note that depending upon the seriousness of the CIMT, a naturalization examiner can still consider it for purposes of good moral character. 

 3. ETA Form 9089 – Question

I entered the date in dd/mm/yyyy format in Date Signed section of approved FORM 9089. Can i correct it by striking and and writing new date with my initials?

Mr. Lee answers:
While the Department of Labor does not wish anyone to make any changes on the 9089 form while it is being processed, that prohibition against making changes does not apply once the form has been approved. If you made a mistake on putting in the date of signature on the approved form, you can strike it and write in a new date with your initials as you suggest.

Article “Is The Wreckage Fast Approaching For The Nation Under Trump?” as published in the Immigration Daily on February 6, 2017.

As published in the Immigration Daily on February 6, 2017

As we sit at the beginning of the third week of a Donald Trump Twitter presidency, the signs are already here of a failing presidency – an embattled president, political capital fading in the outrage over early incautious policy decisions, an economic scheme promising wrack and ruin, expected mind-boggling future deficits, anticipated brain drain, loss of business, tourism, and post secondary education dollars from foreign-born due to restrictive or harsh appearing immigration policies, expected departure of large numbers of the undocumented, and a predictably future plunging stock market. The makeover of America has begun to the detriment of the country.

America as a beacon of liberty and moral referee disappeared with the January 27, 2017, Trump Executive Order, “Protecting the Nation from Foreign Terrorists Entry into the United States,” freezing refugee admissions for 120 days, barring for at least 90 days entries, visas (nonimmigrant and immigrant) along with all other immigration benefits to nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen, with a further call for adding other countries onto the list that do not comply in giving information to the U. S. on their nationals. Ex-New York City mayor and Trump confidant Rudy Giuliani admitted on Fox news that the Executive Order was a backdoor Muslim ban. Most analysts have agreed that the ban is superfluous as the U. S. has not been attacked by refugees from any of the 7 listed countries and counterproductive as dangerous for American armed forces, especially in Iraq, as it fits the ISIS narrative that the U. S. cannot be trusted and discourages assistance and cooperation from Iraqis and others.

The stock market is set to plunge drastically as soon as investors begin to feel the consequences of Mr. Trump’s present and anticipated actions. The market has been up since the election with investors banking on less regulation on companies releasing growth, repatriation of large profits that U. S. companies such as GE, Microsoft and Pfizer have kept abroad to escape taxes, the unlocking of huge infrastructure projects and deals, and reduction of waste in Washington. Unfortunately a large decline in the market is coming as the Trump administration has shown its hand in a spending wish list on defense, restrictive immigration measures, infrastructure, etc. while preparing to propose reductions in taxes to the wealthy, corporations and estates, and ignite trade wars around the globe. The Republicans are also hard-pressed to replace Obamacare and fulfill Mr. Trump’s recent pledge that his substitute for the Affordable Care Act would insure more people at lower cost. His recent actions in approving a botched SEAL team raid in Yemen, threatening Iran over its recent missile test, and reportedly giving Syrian rebels heavier weaponry foreshadow more use of military might and the nation’s money than in the Obama years. In the same way that all other administrations have learned that the people of the nation cannot have huge spending and large tax cuts at the same time, the Trump administration will soon realize along with the rest of the country that the promises on spending and cutting taxes cannot be fulfilled without ruinously running the Treasury printing presses and releasing the twin specters of rampant inflation and gargantuan budget deficits.

Multiple studies have shown that the undocumented bring a net benefit to the country and yet Mr. Trump believes that it would be a triumph to drive them all out. If large numbers left or were driven from the U. S., the economy would tank as there would be no Americans willing to take on many of their jobs even at higher wages, the U. S. population would grow older immediately, large swaths of U. S. cities would begin to look like Detroit with abandoned houses pock-marking the landscape, municipalities would experience declining revenues and shrinking tax bases, and there would be many less people to stimulate the economy in all areas as the young and middle-aged and not the elderly are the population groups that drive spending. That is the reason why an audience between ages 18-49 is the most sought after for TV networks and the Nielsens. Statistically as of 2012, 95.5% of the 11,000,000+ undocumented immigrants living in the U. S. were under 55 years of age with the vast majority (85.9%) between 18-54 years, prime ages for establishing families and purchasing cars, homes, and all the other accouterments of living. Besides them, in 2014 there were 6.6 million U. S. citizens living in households with undocumented immigrants, of which 5.7 million were under age 18 and 865,000 were age 18 and over. Deporting or terrifying millions of this population to leave the country would leave a huge vacuum for goods and services nationwide. A 2016 study on the economic impacts of removing unauthorized immigrant workers found that a policy of mass deportation would immediately reduce the nation’s GDP by 1.4 percent and ultimately by 2.6 percent, and reduce cumulative GDP over 10 years by $4.7 trillion (Ryan Edwards and Francesc Ortega, “The Economic Impacts of Removing Unauthorized Immigrant Workers,” Center for American Progress, 9/21/16, https://www.americanprogress.org/iss…grant-workers/.)

Mr. Trump has already started down this road by prioritizing enforcement against most undocumented immigrants in his January 25, 2017, Executive Order “Enhancing Public Safety in the Interior of the United States” since illegal entry is a crime under INA §275(a) and the order targets anyone who has been convicted of “any” criminal offense, been charged with “any” criminal offense where the charge is not been resolved, or committed acts that constitute a chargeable criminal offense. In terminating the Obama administration’s Priority Enforcement Program (PEP) and reinstating the Secure Communities Program, it appears that we are back to a time in which the original intent of Secure Communities to protect communities from violent criminals had been statistically shown to be secondary to the detention and deportation of aliens, many of whom were caught for minor misdemeanors or civil offenses. The Executive Order’s use of the word “any” is unambiguous, and the targeting will mean immigration holds and detainers by ICE. Whether coincidentally or not, the chief immigration judge of the Executive Office for Immigration Review on January 31, 2017, changed the order of priorities for rushing cases through the system and placed “all detained individuals” as the topmost priority of the immigration courts.

This is indeed the beginning of a sad time for America. Undoubtedly the involved local law and immigration enforcement agencies and immigration courts will struggle initially to make sense of Mr. Trump’s actions which will certainly test the humanitarian instincts of many, but once the dust settles, we will unfortunately be looking at a much meaner America, and for most, a much poorer one.

Q&A’s published on Lawyers.com and the Epoch Times – 02/03/2017 1. RFE Change of Status H-4 to F-1 2. Possible Fake Visa 3. How Can I Become a Legal Resident?

1. RFE Change of Status H-4 to F-1

I have received an RFE (Request for Further Evidence) which contains two parts: 1. Finances – Proof that I immediately have funds to pay for my expenses. I plan to attach bank statements of my husband for past 3 months along with his pay slips. Statements show amount more than specified on I-20. 2. Residence Abroad to which you intend to return- Submit documentation to establish that you have foreign residence where you intend to reside at the expiration of your stay. Such documentary evidence can include but is not limited to: current telephone bills/utility bills/mortgage statements/rental agreements/rent receipts etc. I do not own any property in India and am in US for past year and half so I don’t have any rent receipts or rental agreement. My husband (sponsor) owns an apartment and we have electricity bills (which has my husband’s name) for it. My husband has written a plain text letter that I am equal owner of that home and we plan to stay there after completion of my studies. Would that be enough?

Mr. Lee answers:
It appears that you will be able to have enough evidence to satisfy the finance portion of the RFE. You might also add your husband’s current job letter and his last federal tax filing if he filed such. As to the portion of the RFE dealing with establishing that you still have a residence abroad to which you intend to return, you can also show items such as bank accounts in India, personal property, memberships and associations or clubs, list of all your relatives in India, etc.

 2. Possible Fake Visa

Possible fake visa Issued in Belgrade on sep 3 2015 valid for 2 years multiple entries visitor to a Serbian passport holder who visited US a number of times before but overstayed visa more than a year and left prior to deportation a month before new visa was issued Control number first 4 digits are 2004 Personal details are printed in bold font upper case letters but control number and passport number are in normal letters and different font photo is black.
Mr. Lee answers:
It sounds like a fake visa, especially if you did not interview for it at the US consulate or embassy. 

3. How Can I Become a Legal Resident?

I’m a visitor and I’m pregnant and I do not want to return to my country.

Mr. Lee answers:
Generally speaking, most immigration to the States comes through family petition, employment petition, immigrant investment, or asylum. Being pregnant and later having a US citizen child will not allow you to become a permanent resident. The law was changed in 1976 to prevent a US-born child from petitioning for the parent until the child is 21 years of age. If you wish to stay, you should consult with an immigration lawyer to go over all your options.

Q&A’s published on Lawyers.com and the Epoch Times – 01/27/2017 1. My Conditional Green Card Had Expired and My Husband Has Refused to File for Me, and I Don’t Want to File for Divorce Because of my Baby. 2. Green Card Holder Has Medical Issue Preventing His Return to States Within 1 Year. 3. Voluntary Departure

1. My Conditional Green Card Had Expired and My Husband Has Refused to File for Me, and I Don’t Want to File for Divorce Because of my Baby.

I am currently pregnant.

Mr. Lee answers:
In your case, the best advice is for you to file for divorce and also file for removal of the conditional basis of your residence status by checking the box for having had a bona fide marriage which is ended. Following the expiration of conditional residence status, the Department of Homeland Security will typically send you a notice to appear in the immigration court. You should begin your action as soon as possible. You can file a late application to the U.S.C.I.S. regional service center by adding an explanation as to why your application is late. If your divorce is not complete by the time U.S.C.I.S. reaches the case, the agency will typically give you a period of time to complete the divorce.

2. Green Card Holder Has Medical Issue Preventing His Return to States Within 1 Year.

I am a citizen of USA. My father has been a green card holder for 6 years. Soon after he got his green card, he had to tend to his sick 90 years old mother in Poland. He has been reentering US every year with no problems to maintain his status. However, this year he injured his back while caring for his mother and is unable to return to the States within the 365 days of his last departure. Is there anything he can do (file extension for medical reasons/caring for his mother) that would allow him to keep his Permanent Resident status? Doctors estimate he would be able to attempt the trip to US about 2 months after his 365 day deadline. 

Mr. Lee answers:
Your father would appear to have two choices. He can go to the American Embassy or Consulate and apply for special immigrant visa or return to the US and take his chances with Customs and Border Protection at the port of entry. Whichever choice he makes, he should bring complete medical records to show that he injured his back and was medically unable to return to the States on time.

 3. Voluntary Departure

Is voluntary departure considered, removal, exclusion or deportation or is it a relief?

Mr. Lee answers:
Voluntary departure is considered a relief. It is something that can be given in lieu of removal, exclusion or deportation. However, failure to leave the US during the time of voluntary departure means that in lieu of such, the individual will receive that order of removal, exclusion, or deportation. Failure to leave during the period of voluntary departure incurs other penalties, of which one is inability to adjust status for 10 years even if otherwise eligible to do it. 

Article “DACA To Go – But An Acceptable Trump Solution?” as published in the Immigration Daily on January 23, 2017.

As published in the Immigration Daily on January 23, 2017.

In the wake of signing some executive orders on the day of his inauguration, January 20, 2017, to show that he means business, President Trump is preparing mass signings of executive orders (some say over 200) during the next weeks expected to impact the work of many agencies, including in the field of immigration. From comments that he and his nominee for Attorney General, Jeff Sessions, had made, it was expected that Deferred Action for Childhood Arrivals (DACA) would be one of the first to go. The fate of the 700,000+ who have received the benefits of the program was then muddled after the expected abolishment, with Mr. Trump saying in his December Time Magazine man of the year interview, “We’re going to work something out that’s going to make people happy and proud… They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some of them were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen”, and Mr. Sessions, “Fundamentally, we need to fix this immigration system… We’ve been placed in a bad situation. I really would urge us all to work together. I would try to be supportive, to end the illegality and put us in a position where we can wrestle with how to handle these difficult, compassionate decisions.”

Reince Priebus, White House Chief of Staff, exposed the thinking of Mr. Trump and his team in an interview on Fox News with Chris Wallace on Sunday, January 22, when directly asked whether among the executive actions that Trump plan to sign today and this week, “Specifically, is he going to undo DACA, the Obama executive action to defer deportation for the 700,000 so-called DREAMers who were brought into this country illegally…, and dodging that by saying, “I think we’re going to work with House and Senate leadership as well to get a long-term solution on that issue,” but after being asked the follow-up question, “So, you won’t undo DACA until –“ saying that “I’m not going to make any commitments to you, but I’ve, you know I’m obviously foreshadowed there a little bit.” So if the idea takes hold and legislative relief is passed, will it be a bill that has not yet been written or will Mr. Trump support the already written bipartisan bill, the BRIDGE (Bar Removal of Individuals Who Dream and Grow Our Economy) Act which would give DACA-like protection and employment for 3 years. The other piece of written legislation by Republican Sen. Jeff Flake would give similar protections under the SAFE (Securing Active and Fair Enforcement) Act for 2 years, but has the unfair anti-immigrant feature that any alien arrested on charges for an excludable offense would be detained throughout the entire period of removal proceedings even if cleared of the charges. In other words, someone’s spiteful false complaint would be enough to get an innocent alien detained and deported.

In the end, some palatable solution must be worked out for the Dreamers and all others in similar position who did not apply for the benefits of DACA. Besides the economic benefits of having bright people that the U. S. has educated work to raise this country during the 30-50 years of productive work life that they have left, the threat of having such a populace lose all hope and some listen to the siren song of others and be persuaded to channel their aggressions in acts of violence must be a consideration to the Trump administration.

Although there will undoubtedly be many immigration changes for the worse in the near future, there now appears to be hope for the DACA beneficiaries and their ilk to gain relief under a Trump administration.

Q&A’s published on Lawyers.com and the Epoch Times – 01/20/2017 1. What If My Immigration Visa Applicant Is Denied but Children’s Approved? 2. Am I Eligible to File My Adjustment Status Form (I-485) Thru My U.S. Citizen Spouse, After My Recent Student Visa Expired? 3. Dual Citizenship

1. What If My Immigration Visa Applicant Is Denied but Children’s Approved?

I applied for me the Applicant and my children but the case status appears Administrative Processing on mine but ready for my children in the NVC. Can they receive their visa without me?

Mr. Lee answers:
The answer depends upon whether the visa applications are separate standalone applications or whether the child is filing under a dependent status. If the first, he or she may be able to receive the visa without you; if the second, he or she must await your result.

2. Am I Eligible to File My Adjustment Status Form (I-485) Thru My U.S. Citizen Spouse, After My Recent Student Visa Expired?

I have recently become the spouse of the U.S. citizen and wanted to file I-485 form to adjust my status.  Previously, I was on F-1 student visa that has recently expired. Would my student visa expiration cause any difficulties when approving my I-485 form? Do I need to submit any additional forms in addition to I-864 and I-130?

Mr. Lee answers:
Marriage to a U. S. citizen excuses an overstay in the United States. I do not see it causing any difficulties in your immigration case unless you did not ever attend the F-1 schooling. In addition to the I-130, I-485 and I-864 forms, you will both have to submit G-325A biographic data sheets. If you wish employment authorization or advance parole privileges during the time that the case is pending, you would file forms I-765 and I-131. 

 3.Dual Citizenship

I am naturalized U.S. citizen. I am planning to get divorce in U.S. and want to marry a Canadian Citizen.  My question is if I marry to Canadian citizen; do my U.S. citizenship can be terminated? I was born in India.

Mr. Lee answers:
The U. S. and Canada both have the same policy that citizenship in one country does not cause termination of citizenship in the other. In other words, both countries respect the concept of dual citizenship with each other.  

Q&A’s published on Lawyers.com and the Epoch Times – 01/13/2017 1. Green Card Sponsorship 2. Do We Need to Complete Form I-864? 3. How Long Will It Take For Green Card Holder to be a Citizen After Submitting Application?

1. Green Card Sponsorship

I need some information in regards to my brother. He is 27 years old and currently lives in Pakistan. When he was about 12 years old he was deported back to Pakistan with my father while entering the US on a visitor visa. The immigration officer had found documents which basically showed that he and my father were living in the US on visit visa albeit renewing the visa every 6 months and never overstaying. He is now engaged to a US citizen and hoping to get married by the end of the year. We will need to start his sponsorship process then. Can you please tell me if the above mentioned issue will cause him any problems? Secondly, if there are no issues how long do you think the entire sponsorship process will take?

Mr. Lee answers:
The Department of State’s guidance is that a child under the age of 15 cannot act willfully and therefore cannot be found ineligible for fraud or misrepresentation in the circumstances that you describe. Also the period of time in which a person is barred from the country for being declared inadmissible at a port of entry is 5 years. The entire sponsorship process in a marriage case will typically take a year. 

 2. Do We Need to Complete Form I-864?

Daughter is US Citizen, lives in Argentina. She is married to an Argentine. Neither have jobs yet. Want to live in USA.

Mr. Lee answers:
Unless there are exceptional circumstances, your daughter would typically file an I-130 petition for alien relative to the U.S.C.I.S. Chicago lockbox at
(For U.S. Postal Service deliveries)
P. O. Box 804625
Chicago, IL 60680-4107
 (For express mail and commercial courier deliveries)
Attn: I-130
131 South Dearborn – 3rd Floor
Chicago, IL  60603-5517

At the time of consular processing after the approval of the I-130 petition, she would have to submit form I-864, and she would typically need someone in the United States such as you to file a joint I-864 in light of the circumstances that you describe. 

3. How Long Will It Take For Green Card Holder to be a Citizen After Submitting Application?

Can I put in for my daughters resident papers at the same time?

Mr. Lee answers:
Typical processing for citizenship cases across the country is from 6-10 months. Looking at the processing time chart for the Dallas field office, it says that the time for processing a naturalization case up to the date of interview is 6 months. If your daughter is 18 and over, she can file at the same time as you as long as she has fulfilled the required period of residence. If not yet 18, you would have to get your citizenship first and she would typically attain her U. S. citizenship upon your obtaining such if she is a permanent resident and living in your custody. She can ask U.S.C.I.S. for recognition of her U. S. citizenship status through the N-600 application for certificate of citizenship.


Q&A’s published on Lawyers.com and the Epoch Times – 01/06/2017 1. Applying For A Green Card 9 Months After Being Granted Asylum 2. H-4 EAD Question 3. Add My Son to My Case

1. Applying For A Green Card 9 Months After Being Granted Asylum

I know that an asylee can apply for a green card one year after being granted asylum if he/she was physically present in the USA during that period of time. But I heard from different people and lawyers that an asylee can already send the I-485 form 9 month after being granted asylum. Is that true or not? I already know some people who applied after 9 month and were granted a green card. Is it depended on the immigration officer reviewing your I-485 form or something else? If the one year period is mandatory how could some people apply after 9 month and get their green cards?

Mr. Lee answers:
It is mandatory under US law that an individual be in the US for one year physically before he or she is allowed to apply for an I-485 adjustment of status under the asylum category. I do not know how individuals would be able to successfully apply after only nine months. 

 2. H-4 EAD Question

I am on H-1B(with approved I-140) and my wife is on H4, she got the H4-EAD three weeks ago per the latest H4 EAD rule. My priority date is now current so I can file the I-485 for me and my wife. How do I go about making sure that my wife gets the I-485 based EAD and does not stay on the H4-EAD. I understand that she cannot have two EADs but I prefer that she be on the I-485 based EAD rather than the H4-EAD.

Mr. Lee answers:
You are correct that your wife cannot have two EAD’s at the same time. To us, an EAD is only for working and one EAD is as good as another in many cases. I do not see the advantage of an EAD acquired through having applied for adjustment of status as opposed to your wife’s present EAD under the H-4 category. It may just as be as well for your wife to continue under her present EAD, and then to apply for another EAD under the I 485 filing when the present one is four months from expiring. 

3. Add My Son to My Case

Base on visa bulletin my case has been reached. Now I have a one year old child and I would like to add him to my case but I do not know to which address of NVC should I send his information. I mean I do not know to send his birth certificate to NVC attn WC or to NVC attn DC. What is difference between this two?

Mr. Lee answers:
Whether you put an inquiry to the NVC to the attention of the WC or DC, it will undoubtedly be routed to the right section and person. Just make sure that you get the address correct.