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  #331 (permalink)  
Old 09-10-2015, 07:36 PM
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Originally Posted by dallas_cowboys View Post
thanks IV for making all these things a reality. I have been lurking around here but did not join the group.

My wife and I are on H1. Her priority date is late 2011 and mine is 2010.
I am planning to apply for 485 and move to EAD. Also I want to move her to EAD with my 485.
God forbid, if something happens to my GC processs, can my wife go back to her H1?
Both of us are on H1 extensions due to our approved 140s.

When we asked this question, her company's paralegal said that we could go back to the H1 since she has been on H1 for the past six years. But we doubt it.

Appreciate any inputs.
My understanding is so long as they don't revoke her I-140, she can always go back on H1.
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  #332 (permalink)  
Old 09-10-2015, 07:52 PM
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Originally Posted by hil3182 View Post
My understanding is so long as they don't revoke her I-140, she can always go back on H1.
any employer who can sponsor H1?
because they are laying off in big numbers in her company. their policy is to not to revoke 140 even if they layoff H1 candidates.
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  #333 (permalink)  
Old 09-10-2015, 09:01 PM
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Originally Posted by dallas_cowboys View Post
any employer who can sponsor H1?
because they are laying off in big numbers in her company. their policy is to not to revoke 140 even if they layoff H1 candidates.
Your question is kinda in the weeds of policy and I am no expert by any means, but since no one smart has weighed in - I'll jump in.

The ability to renew H1 beyond 6 years based in approved I-140 is because they want you to be able to file AoS when your date becomes current. Under the current rules (which we are trying to change), the AoS has to be filed with the employer who did your I-140.

Now the problem you describe is what will happen if the job for which I-140 has been filed does not exist.

To me the answer is your wife will be fine provided - her PD is not current (ironically), in which case they probably will not issue a new H1 without proof that AoS has been filed based on the job for which she has the I-140.

I am not sure about my answer, so I am open to corrections - obviously you should double check with a lawyer.
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  #334 (permalink)  
Old 09-10-2015, 09:27 PM
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Originally Posted by dallas_cowboys View Post
any employer who can sponsor H1?
because they are laying off in big numbers in her company. their policy is to not to revoke 140 even if they layoff H1 candidates.
I would also like to point out a lot hinges on if they allow AoS on I-140 from previous employer - when you leave the previous employer prior to the EO going into effect. And no lawyer knows this, or can advice you about this.

My best and honest advice to you will be to file AoS and take your chances. The opportunity to file might prove to be fleeting and to not file based on a fear that something could happen is silly.

My advice would be to file - but spend the money to talk to a lawyer to consider all angles.
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  #335 (permalink)  
Old 09-10-2015, 09:36 PM
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Default AILA Amicus Curiae response

Quote:
Originally Posted by DMX17 View Post
The AILA response to this one I thought was clever. If I recall, they had all arguments but the main one "who owns the I-140".
I am still learning the different aspects the Legal Immigration reforms. Became curious about this and tried to find AILA's response. Did you mean this?
www.aila.org/File/DownloadEmbeddedFile/64582

Which specific arguments are you referring to?
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  #336 (permalink)  
Old 09-10-2015, 10:21 PM
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Originally Posted by magnetic View Post
I am still learning the different aspects the Legal Immigration reforms. Became curious about this and tried to find AILA's response. Did you mean this?
www.aila.org/File/DownloadEmbeddedFile/64582

Which specific arguments are you referring to?
Ya that's it.

Look at how careful they are to say that ownership of I-140 changes only AFTER AoS is filed. After AoS is filed and you have an EAD, who gives a flying f**k about who owns the I-140? Only AILA apparently.

Our submission obviously made the point that I-140 should belong to beneficiary from the get-go. We haven't released it because it isn't the best written document we have submitted and when it comes to these things we like putting our best foot forward - but rest assured, our "imperfect" submission got the point across.
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Last edited by hil3182; 09-10-2015 at 10:25 PM.
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  #337 (permalink)  
Old 09-10-2015, 10:31 PM
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Quote:
Originally Posted by hil3182 View Post
I would also like to point out a lot hinges on if they allow AoS on I-140 from previous employer - when you leave the previous employer prior to the EO going into effect. And no lawyer knows this, or can advice you about this.

My best and honest advice to you will be to file AoS and take your chances. The opportunity to file might prove to be fleeting and to not file based on a fear that something could happen is silly.

My advice would be to file - but spend the money to talk to a lawyer to consider all angles.
thanks. I have lot of questions which I eventually will take up with a lawyer.
Meanwhile I just want to get a consensus:
1. Can I include my wife who is on H1 (and in extensions) in my 485?
2. After getting EAD, she wants to change jobs using it because her company is laying off people. If for any reason, if she wants to go back to her old H1 with any employer, can she do that?

thanks
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  #338 (permalink)  
Old 09-10-2015, 10:37 PM
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Quote:
Originally Posted by dallas_cowboys View Post
thanks. I have lot of questions which I eventually will take up with a lawyer.
Meanwhile I just want to get a consensus:
1. Can I include my wife who is on H1 (and in extensions) in my 485?
2. After getting EAD, she wants to change jobs using it because her company is laying off people. If for any reason, if she wants to go back to her old H1 with any employer, can she do that?

thanks
#1. Yes and she can maintain H1 status with her current employer until you both get GC's
#2. Yes if her I-140 PD is NOT current. If her PD is current USCIS expects her to file AoS and might not grant H1 extensions in such a scenario. You will have to ask a lawyer to know for sure because it's complicated.
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  #339 (permalink)  
Old 09-10-2015, 10:50 PM
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Default Derivative Spouse filing Address

My employment I-485 is pending at Nebraska service center. With the current Acceptance date category I am able to file I-485 for my spouse. On USCIS website (Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status | USCIS) for Direct Filing of I-485, the address they given is Pheonix Lockbox according to my state of residency.

I am confused where to send my wife's I-485 is it Lincoln, NE where my app is pending or Pheonix which comes under California Service Center?

Here are the address for both Lincon and Pheonix.

USCIS,
PO Box 82521
Lincoln, NE 68501-2521

USCIS
PO Box 21281
Phoenix, AZ 85036

Can someone pls advise the address for filing derivative Spouse 485 separately when the primary application is pending.
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  #340 (permalink)  
Old 09-11-2015, 12:31 AM
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Thanks IV for this step in the right direction!Hope everyone gets to file for EAD/AOS soon.

Had a few personal questions-

1) Have an I-140 approved from Previous employer. Current employer has not started PERM. My PD (May 2010) is 'current' based on the acceptance date. Is my only option to use previous employer I-140? If so do i have to work with them immediately after getting EAD or is it ok to wait to work with them after i get GC?

2)I'm getting married in 2-3 months and plan to bring my wife on H4 from India? I assume i have to still maintain my H1B status until then right?So i keep an H1B and EAD?

Appreciate your response
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  #341 (permalink)  
Old 09-11-2015, 12:31 AM
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Originally Posted by pappu View Post
We had a meeting at the White House today. Posted on IV facebook page


Proud to be here today on behalf of high skilled immigrants across the country. Looking forward to a productive...

Posted by Immigration Voice on Thursday, September 10, 2015

Thanks for your efforts!
Please share updates for the meeting, if possible.
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  #342 (permalink)  
Old 09-11-2015, 10:29 AM
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Quote:
Originally Posted by hil3182 View Post
#1. Yes and she can maintain H1 status with her current employer until you both get GC's
#2. Yes if her I-140 PD is NOT current. If her PD is current USCIS expects her to file AoS and might not grant H1 extensions in such a scenario. You will have to ask a lawyer to know for sure because it's complicated.
there is a catch i forgot to mention. Her employer after laying off, sends a note to USCIS that she is not with them anymore, within a month of termination. So, her H1 will be irrelevant.
Anyway, we have scheduled another appointment with their lawyers. So, we will take it up with them.
Any idea if these dates would move further from Jul 11 for EB2 in the coming months?
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  #343 (permalink)  
Old 09-11-2015, 10:49 AM
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Originally Posted by dallas_cowboys View Post
Any idea if these dates would move further from Jul 11 for EB2 in the coming months?
Nope.
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  #344 (permalink)  
Old 09-11-2015, 10:51 AM
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Originally Posted by rohitrr View Post
My employment I-485 is pending at Nebraska service center. With the current Acceptance date category I am able to file I-485 for my spouse. On USCIS website (Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status | USCIS) for Direct Filing of I-485, the address they given is Pheonix Lockbox according to my state of residency.

I am confused where to send my wife's I-485 is it Lincoln, NE where my app is pending or Pheonix which comes under California Service Center?

Here are the address for both Lincon and Pheonix.

USCIS,
PO Box 82521
Lincoln, NE 68501-2521

USCIS
PO Box 21281
Phoenix, AZ 85036

Can someone pls advise the address for filing derivative Spouse 485 separately when the primary application is pending.
If people are waiting for me to answer, I have no idea. I think the USCIS has a customer service line, they should be able to answer that question.

My guess would be you would send your wives to the same place you sent yours - but that is just a guess.
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  #345 (permalink)  
Old 09-11-2015, 11:00 AM
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Originally Posted by Jsad View Post
1) Have an I-140 approved from Previous employer. Current employer has not started PERM. My PD (May 2010) is 'current' based on the acceptance date. Is my only option to use previous employer I-140? If so do i have to work with them immediately after getting EAD or is it ok to wait to work with them after i get GC?
I don't know. You will have to ask an attorney, these situations are tricky.

Quote:
2)I'm getting married in 2-3 months and plan to bring my wife on H4 from India? I assume i have to still maintain my H1B status until then right?So i keep an H1B and EAD?

Appreciate your response
Yes. You have to maintain H1 to bring her in on an H4. Yes. you can have H1 & EAD.
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