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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 08-24-2007, 08:13 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/31/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Jul 2007
Posts: 125
kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about kpchal2 has a spectacular aura about
Default EAD for H4 - Can she work

I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.
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  #2 (permalink)  
Old 08-24-2007, 08:42 PM
Member
Priority Date
:
Aug-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Romania
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Mar 2006
Posts: 99
mariusp will become famous soon enough mariusp will become famous soon enough
Default

She probably needs to apply for a SSN first. Other than that, she is allowed to work... I mean, why else would they issue an EAD in the first place?
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  #3 (permalink)  
Old 08-24-2007, 08:48 PM
Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 53
GCchakravyuh is on a distinguished road
Default

Quote:
Originally Posted by kpchal2 View Post
I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.
sounds not completely correct. Though on H4, the very EAD for the spouse is meant to give the relief of Work Authorization. Please call USCIS again, to verify.
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  #4 (permalink)  
Old 08-24-2007, 10:05 PM
Member
Priority Date
:
Feb-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2006
Posts: 42
green_card is on a distinguished road
Default H1 or EAD...not both

once she starts using the EAD, i.e. presents it as proof to the employer, she can start work on it. but remember that using EAD, by her or by you invalidates the H1 visa. you can either use EAD or H1, not both. Talk to your lawyer and make sure about that. her using the EAD will might invalidate your H1 as well..... make sure you ask your lawyer.


Quote:
Originally Posted by GCchakravyuh View Post
sounds not completely correct. Though on H4, the very EAD for the spouse is meant to give the relief of Work Authorization. Please call USCIS again, to verify.
__________________
EB3
PD Feb '04
140 + 485 applied: August '04
new 140: March '05, approved May '05
EAD + AP: renewed thrice through August '08
AC21 job change in June 07. Letter sent to CIS
waiting for 485 approval
donation: $100 + $100
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  #5 (permalink)  
Old 08-25-2007, 01:53 AM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
04/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/21/2007
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Join Date: Jul 2007
Posts: 24
shakunbansal is on a distinguished road
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What happens if spouse on H4 starts working on EAD ( after filing for SSN ) and then primary applicant divorces. Does the spouse still able to use EAD ??
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  #6 (permalink)  
Old 08-25-2007, 02:09 AM
Senior Member
Priority Date
:
Mar-07
Category
:
EB2
I140 Mailed Date
:
07/26/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/26/2007
Compare
Join Date: May 2007
Posts: 714
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Default

Quote:
Originally Posted by kpchal2 View Post
I have applied for my 485 and with my wife as a derivative. Up until now she is on H4. With this EAD that she received can she work or does she have to do something special to make her eligible to work. I was under the impression that with this magic card they just have to show up at their work place and start working. But just got off a call from Customer Service rep at USCIS and she says that an EAD does not change her status and that she will not be able to work even with an EAD. Is this correct. Please advise.
What a cartload of crap! Those people who answer phones at USCIS ought to be packed off home.

Your wife has to get a SSN, find a job and just start working on the EAD. Her H-4 will go to rest and if she wishes to move back to H-4, she can do it.

Have fun and do not believe everything the USCIS support tells you. They are a bunch of jokers.
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  #7 (permalink)  
Old 08-25-2007, 05:57 AM
Senior Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
05/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
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Join Date: Jul 2007
Posts: 361
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Default Yes She Can

Apply for SSN and start working
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  #8 (permalink)  
Old 08-25-2007, 10:31 AM
Senior Member
Priority Date
:
Nov-05
Category
:
EB3
I140 Mailed Date
:
08/01/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Dec 2006
Posts: 354
ameryki is a jewel in the rough ameryki is a jewel in the rough ameryki is a jewel in the rough
Default

yep apply for ssn and move forward. Once your spouse that is on H4 starts working on ead it does not at any point affect your status. you can still continue to maintain your h1 status and even renew it moving forward while your spouse will have to use AP to enter the country if they go out.
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  #9 (permalink)  
Old 08-25-2007, 11:19 AM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
04/04/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/21/2007
Compare
Join Date: Jul 2007
Posts: 24
shakunbansal is on a distinguished road
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So this means EAD to spouse is a different enitiy altogether and is not tied to husband...llke h4 to h1
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  #10 (permalink)  
Old 08-25-2007, 01:20 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: May 2007
Posts: 328
waitin_toolong will become famous soon enough waitin_toolong will become famous soon enough
Default

She is still tied to the husband till they get approval, she derives the benefit as the spouse. If the divorce occurs before actual GC then bye-bye GC.
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  #11 (permalink)  
Old 08-27-2007, 09:34 PM
Senior Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
06/30/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Mar 2006
Posts: 606
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Quote:
Originally Posted by waitin_toolong View Post
She is still tied to the husband till they get approval, she derives the benefit as the spouse. If the divorce occurs before actual GC then bye-bye GC.
Not so fast! As long as the marriage was entered in good faith, the secondary applicant of I-485 is ok even in case of divorce.

This rule is there lest the secondary applicant should silently suffer any abuse from the primary applicant for sake of saving GC.
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