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  #1 (permalink)  
Old 04-15-2009, 12:24 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/25/2007
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Join Date: Oct 2008
Posts: 14
billbuff123 is on a distinguished road
Default After GC wifes status

Hi,

Please advice me for my situation.

I brought my wife from India on H4 after coming to US I came to Know that I got the GC as per my lawyer he said she can stay in US until her I-94 expires. And I am waiting for the dates to be current May 2006 EB2.

I am working with the same employer since my OPT and H1 now I got an offer from a good company for the Full time.

Here are my questions:

Can I take this offer? Will this effect my wifes status?

Can My employer revoke my H1?

I know that I need to give I-9 to the new employer so will that effect me?

Please any body reply for this?

Thanks,
Bill
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  #2 (permalink)  
Old 04-15-2009, 12:35 PM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
05/15/2006
Chargeability
:
United Kingdom
Processing Stage
:
I-485
I485 Mailed Date
:
05/01/2007
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Join Date: Feb 2006
Posts: 363
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Default

Your question about can your employer withdraw the H1. Since you have your green card approved this is not an issue, the approval of your green card has taken care of that. Once your I485 is approved your visa status is null and void which effectively means your wife's H4 status is also gone. You can only be an H4 dependent if you have an H1 holder on which to depend.
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  #3 (permalink)  
Old 04-15-2009, 12:43 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
09/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/24/2007
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Join Date: Mar 2006
Posts: 190
like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts like_watching_paint_dry is infamous around these parts
Default

Your post is unclear about whether you got your green card or whether you are waiting for priority date to go current. If your GC is approved and you were married before approval of your green card, Google "Follow to join" and talk to another lawyer who is more educated about this.
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  #4 (permalink)  
Old 04-15-2009, 12:52 PM
Member
Priority Date
:
Aug-06
Category
:
EB2
I140 Mailed Date
:
08/15/2007
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:
India
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:
I-485
I485 Mailed Date
:
08/15/2007
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Posts: 30
ubetman is infamous around these parts
Default

I heard you can apply I-485 for her if the marriage date is before your greencard approved date. Even for this if they say the dates have to be current, then I don't know. Consult a good lawyer/wait for others to reply.

I guess again this year in last quarter, the dates for EB2 are going to move forward like last year, if you are lucky enough you can apply for her based on the argument that you are married before you got your GC instead of going through family based which will take 5 or more years. Meanwhile she has to maintain her status.

Good luck...
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  #5 (permalink)  
Old 04-15-2009, 01:05 PM
Junior Member
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:
N/A
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:
N/A
I140 Mailed Date
:
10/12/2005
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:
India
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:
I-485
I485 Mailed Date
:
09/25/2007
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Join Date: Oct 2008
Posts: 14
billbuff123 is on a distinguished road
Default

Thank you for your replies.

Yes, Thats what I am waiting for once the dates are current I will apply 485 for my wife. Because I married before my GC is approved.

Is there any one in this situation????

Thanks,

Last edited by billbuff123; 04-15-2009 at 01:14 PM.
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  #6 (permalink)  
Old 04-15-2009, 06:28 PM
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
11/11/2007
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:
India
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:
I-485
I485 Mailed Date
:
11/11/2007
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Join Date: Mar 2006
Posts: 110
485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute 485_spouse has a reputation beyond repute
Default

Quote:
Originally Posted by billbuff123 View Post
Thank you for your replies.

Yes, Thats what I am waiting for once the dates are current I will apply 485 for my wife. Because I married before my GC is approved.

Is there any one in this situation????

Thanks,

I was in the same situation in 2007 when my GC was approved. I consulted with an attorney with Murthy law firm. He told me about 485-k and 180 days. Please google 485-K for more information.

Immigration law 485-k allows a employment based primary or dependent to file for adjustment of status upto 180 days after start of unlawfull status. If the applicant entered US with Visa(i.e. applicant entered legally) and is prest in US. Please consult with the lawyer about validity of I-94 after your GC approval. As per my understaing As i-94 is based on H4 and H4 is not valid she is in unlawful status but I'm not a lawyer.
Please be careful about the begin date of unlawful status. ONce 180 days are past your wife may not be eligible for 10 years!!.

I got one PDF file from lawyer but unable to upload PDF or txt file so will paste the text recived from the lawyer. Hope this will be helpful.
Quote:
Adjustment of Status and the
§ 245(k) Exemptions for Certain
Employment-Based Adjustment
Applicants


BCIS: Office of Adjudications



Section 245(k) of the Act


• Created in 1997– the same legislation that
gave us the first section 245(i) sunset.
• Effective upon enactment.
• The Service has not published regulations
regarding section 245(k).
• HQ issued a brief 3/20/98 memorandum.
• Proposed rule now in clearance.
BCIS: Office of Adjudications



The Law:
Section 245(k) of the Act


Aliens described in § 245(k) can file for
adjustment of status under § 245(a) and are
exempt the bars to adjustment found at
§§ 245(c)(2), (c)(7), and (c)(8).


BCIS: Office of Adjudications



Who is Described in
Section 245(k)? (Part 1)

• EB-1: Priority workers;
• EB-2: Professionals w/advanced degrees or
aliens of exceptional ability;
• EB-3:Skilled workers, professionals, or
others;
• EB-4: Religious Workers (only); and
• The spouse and children of eligible aliens.
BCIS: Office of Adjudications



Who is Described in
Section 245(k)? (Part 2)



Additionally, the alien must be:

1. Present in the U.S. on the date of
filing the application for adjustment
of status, pursuant to a lawful
admission (not parole), and
2. Have not, subsequent to that
admission, violated status in the
following manners for an aggregate
period of 180 days…

BCIS: Office of Adjudications



Who is Described in
Section 245(k)? (Part 3)

1.
Failed to maintain, continuously, a lawful
status;
2. Engaged in unlawful employment; and/or
3.
Otherwise violated the terms and conditions
of his or her admission.
BCIS: Office of Adjudications



More Status Violations
Excused by § 245(k)


•
Note that violations of INA §§ 245(c)(2), (c)(7), or (c)(8)
that occurred before a qualifying alien’s last lawful
admission do not render the alien ineligible to adjust or
count toward the 180-day total. (But there may be 222(g)
or 212(a)(9)(B) issues.)
•
However, any violation of other paragraphs of INA §
245(c)—(c)(1), (c)(3), (c)(4), (c)(5), and (c)(6)—do render
the alien ineligible.
BCIS: Office of Adjudications



Who is NOT Eligible?


• Aliens with more than 180 days of status
violations;
• EB-4: Special immigrants other than
Religious Workers;
• EB-5: Employment creation immigrants;
• Family-preference immigrants;
• Diversity visa immigrants; and,
• Asylum/Refugee adjustment applicants.
BCIS: Office of Adjudications



Counting Time Out of Status



The 180-day clock:

• Begins on the first day the alien
falls out of status.
• Ends on the date the alien files for
adjustment of status.
BCIS: Office of Adjudications



Counting Unauthorized
Employment



The 180-day clock:
Begins with the first day the alien
works without authorization, and
Ends on the last day the alien works
without authorization.

*The filing of the adjustment application does
not stop the clock;
*It is the aggregate time the alien works, so if
he or she stops and starts, each day counts
towards the total.

BCIS: Office of Adjudications


Final Notes

• There are no extra filing procedures or
additional forms required for aliens using
§ 245(k) of the Act.
• Likewise, there is no $1,000 penalty fee or
other surcharge.

• Questions?
BCIS: Office of Adjudications


__________________
485_spouse
PD:Nov 2002
EB3 (India)
I-485(Self) : 8th June 2004 Aproved : 23 June 07
I-485(Wife): RD 5th June 2007, ND 14th June 07
FP (Wife) FP Date : 20th July 2007
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  #7 (permalink)  
Old 04-15-2009, 07:23 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
04/06/2006
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Default Change to H1

Quote:
Originally Posted by 485_spouse View Post
I was in the same situation in 2007 when my GC was approved. I consulted with an attorney with Murthy law firm. He told me about 485-k and 180 days. Please google 485-K for more information.

Immigration law 485-k allows a employment based primary or dependent to file for adjustment of status upto 180 days after start of unlawfull status. If the applicant entered US with Visa(i.e. applicant entered legally) and is prest in US. Please consult with the lawyer about validity of I-94 after your GC approval. As per my understaing As i-94 is based on H4 and H4 is not valid she is in unlawful status but I'm not a lawyer.
Please be careful about the begin date of unlawful status. ONce 180 days are past your wife may not be eligible for 10 years!!.

I got one PDF file from lawyer but unable to upload PDF or txt file so will paste the text recived from the lawyer. Hope this will be helpful.

Apply for a H1B/F1 visa immediately, the only other option is to send her back to India and visit every 3 months till she is back here after 5 yrs.
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  #8 (permalink)  
Old 04-16-2009, 01:07 PM
Junior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
10/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/25/2007
Compare
Join Date: Oct 2008
Posts: 14
billbuff123 is on a distinguished road
Default

HI,

Thank you for your reply. I talked to my lawyer he is a big lawyer in detroit with the immigration he only told that since my marriage is before my GC approved date and she came on H4 and and have valid I-94 and she won't be illigal status.

Once the dates are current I can apply for her 485. again I will contact them .

Thanks,
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  #9 (permalink)  
Old 04-16-2009, 01:12 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 353
Blog Entries: 1
number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future
Default

Quote:
Originally Posted by billbuff123 View Post
HI,

Thank you for your reply. I talked to my lawyer he is a big lawyer in detroit with the immigration he only told that since my marriage is before my GC approved date and she came on H4 and and have valid I-94 and she won't be illigal status.

Once the dates are current I can apply for her 485. again I will contact them .

Thanks,
I will say he is wrong. Confirm this with some other source. 245(K) covers six months only. She does not have any status.
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  #10 (permalink)  
Old 04-16-2009, 01:33 PM
Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2008
Posts: 68
krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts krithi is infamous around these parts
Default crap

Quote:
Originally Posted by billbuff123 View Post
HI,

Thank you for your reply. I talked to my lawyer he is a big lawyer in detroit with the immigration he only told that since my marriage is before my GC approved date and she came on H4 and and have valid I-94 and she won't be illigal status.

Once the dates are current I can apply for her 485. again I will contact them .

Thanks,
ur lawyer says bs, u can assume the status is valid till the I-94 expires but who is she dependent to now? its a no brainer better change the status to F1/H1.
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  #11 (permalink)  
Old 04-21-2009, 11:16 AM
Senior Member
Priority Date
:
Oct-03
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:
EB3
I140 Mailed Date
:
04/16/2004
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:
India
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:
I-485
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:
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krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default I suggest you speak with immigration specialist

Quote:
Originally Posted by billbuff123 View Post
HI,

Thank you for your reply. I talked to my lawyer he is a big lawyer in detroit with the immigration he only told that since my marriage is before my GC approved date and she came on H4 and and have valid I-94 and she won't be illigal status.

Once the dates are current I can apply for her 485. again I will contact them .

Thanks,
I am not aware of your attorney's credentials but spending 250$ and getting a consultation with a good immigration attorney is worth the money. Go to any of the well known immigration attorney's and they will be able to guide you better. I think your wife
s case is a 'follow to join' as somebody already pointed out. I am also in agreement with another poster that her status is void as H4 since the underlying H1 is invalid now that you have got a GC. Do not delay in approaching a good legal counsel. Unfortunately I feel the advise given by your attorney is not the right one in this case

- cheers
kris
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
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  #12 (permalink)  
Old 04-23-2009, 03:54 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
01/01/2000
Chargeability
:
Brazil
Processing Stage
:
I-485
I485 Mailed Date
:
01/01/2000
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Posts: 580
Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future Ramba has a brilliant future
Default

Quote:
Originally Posted by krishnam70 View Post
I am not aware of your attorney's credentials but spending 250$ and getting a consultation with a good immigration attorney is worth the money. Go to any of the well known immigration attorney's and they will be able to guide you better. I think your wife
s case is a 'follow to join' as somebody already pointed out. I am also in agreement with another poster that her status is void as H4 since the underlying H1 is invalid now that you have got a GC. Do not delay in approaching a good legal counsel. Unfortunately I feel the advise given by your attorney is not the right one in this case

- cheers
kris
Though the primary applicant already recived the GC, unless USCIS explicitly revokes the I-94 and cancel H4 visa of her; his wife is in legal status in US till the expiry of I-94. However, she cannot enjoy H4 visa previalge. That means, if she leave the country and can not enter back in H4 visa. If she stays after I-94 expiry, she will be accruing illegal presence. If the date become current for her to apply 485 with in 180 days after I-94 expiry, she can adjust the status to PR by 245K rule.
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  #13 (permalink)  
Old 04-24-2009, 02:07 PM
Junior Member
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:
N/A
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:
N/A
I140 Mailed Date
:
10/12/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/25/2007
Compare
Join Date: Oct 2008
Posts: 14
billbuff123 is on a distinguished road
Default

Hi,

Thank you very much for your reply. My only thing is can I join another company now? because I got the full time offer.

Thanks,
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