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vchip
07-21-2010, 01:25 PM
I am wondering what is the reason behind, where USCIS is not allowing spouse to file for I-485, EAD & AP, where the primary applicant filed for I-485 before marriage.

I wish USCIS taken out this clause today. So that, I could file for I-485, EAD and AP for my spouse.

In my view this is not acceptable and creates more uncomfortableness in families.

Even I have EAD & AP for the past 2-years, I had to look for jobs whose employer are willing to transfer my H1-VISA. This becomes a big stalemate in our life.

Yes, my spouse is trying for jobs on H1-B no one is willing to sponsor in this time. She is a college rank holder and having 4+ years experience in MNC.

Any help would be appreciated.

eastindia
07-21-2010, 01:41 PM
Yes, my spouse is trying for jobs on H1-B no one is willing to sponsor in this time. She is a college rank holder and having 4+ years experience in MNC.

Any help would be appreciated.

It does not matter here about college ranks from India. If her skills are in demand in USA and no American is available for the job position she applies, she will get the job. Just like we want Americans to compete with us in the open market, we should be willing to compete with them and try to get the H1b visa by showing our skills are rare and in demand.

jsb
07-21-2010, 03:44 PM
I am wondering what is the reason behind, where USCIS is not allowing spouse to file for I-485, EAD & AP, where the primary applicant filed for I-485 before marriage.

I wish USCIS taken out this clause today. So that, I could file for I-485, EAD and AP for my spouse.

In my view this is not acceptable and creates more uncomfortableness in families.

Even I have EAD & AP for the past 2-years, I had to look for jobs whose employer are willing to transfer my H1-VISA. This becomes a big stalemate in our life.

Yes, my spouse is trying for jobs on H1-B no one is willing to sponsor in this time. She is a college rank holder and having 4+ years experience in MNC.

Any help would be appreciated.

If you are still on H1B (eventhough you have applied for I-485), you may get your wife in on H4. As H1B, you are a guest worker, so you can bring your spouse as your dependant (H4). If you are a GC holder(or almost there), then you can sponsor your spouse, but she/he can enter the US only when her/his turn comes (that means wait of several years).

Bottomline, it is good to get married and bring your spouse while still on H1B.

mayhemt
07-21-2010, 05:00 PM
The law has been vague in the matter of filing for I-485 in the case of dependents. So USCIS goes by safest measure i.e. wait till a visa number is available (Priority date needs to be current) - all thanks to some antiquated laws when country limits were not oversubscribed.
I am also stuck in same boat. I know another friend of mine who's in same condition too. My lawyer advised me to get married during the July 07 s**t storm. When I finished the wedding rituals & came back, the dates retrogressed. In a way, my wife thanks USCIS - If not for USCIS we wouldn't have gotten married during that time...


I wish USCIS taken out this clause today. So that, I could file for I-485, EAD and AP for my spouse.

In my view this is not acceptable and creates more uncomfortableness in families.

Even I have EAD & AP for the past 2-years, I had to look for jobs whose employer are willing to transfer my H1-VISA. This becomes a big stalemate in our life.

Yes, my spouse is trying for jobs on H1-B no one is willing to sponsor in this time. She is a college rank holder and having 4+ years experience in MNC.

Any help would be appreciated.

Good wishful-thinking, but my friend, nothing's going to happen by our wishes and for our inconveniences unless you are in a high position. Well life's a bitch.
I heard in olden days, if one meditated for long time with utmost concentration, Gods used to appear & granted wishes. You may want to try that and ask for a chance to apply I485, EAD, AP for your wife, than waiting for USCIS/Congress showering us with blissful cards.

On the positive side, my wife got good amount of free time during which she learnt lot of home skills - cooking, stitching and also researched a good amount on how to start businesses.
My friend & his wife planned for kids during this time & later when he becomes current, kids would be at a manageable age ( 4-22 yrs) & she would be able to work without home hassles.

YMMV, Take it easy...