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All other Green Card Issues I-140/I-485, Family Based Green Card

View Poll Results: Pls Help:Considering my particular situation, Should I apply for I-485 or not?
Apply for I-485 30 76.92%
DON'T Apply for I-485 (wait till my PD is current again) 7 17.95%
You have no idea of what I am talking about. 2 5.13%
Voters: 39. You may not vote on this poll

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  #16 (permalink)  
Old 07-18-2007, 04:53 PM
Senior Member
Priority Date
:
May-06
Category
:
EB3
I140 Mailed Date
:
10/11/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 298
eager_immi is on a distinguished road
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It is better to make two trips and do a civil wedding i know it is expensive imagine if she has a work permit u can make up for the cost in no time else she will not be able to work for many many years.

Quote:
Originally Posted by rbutler
I am in a similar situation getting married in Sep07 and returning with my wife at end of Sep'07. It is little scary, as some say it might be risky not to apply along with the spouse.

Should I go ahead and apply for I485, EAD and AP all three at the same time now, or to apply just for I485?

I am not sure what advantage would be applying now, as I have to wait until the dates become current again, and I will not be able to use my EAD to maintain my wife's H-4 status.

PD: Sep2006
I-140: Approved 06/2007

Thanks
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  #17 (permalink)  
Old 07-18-2007, 05:00 PM
Member
Priority Date
:
Apr-04
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:
EB3
I140 Mailed Date
:
06/01/2007
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:
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:
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:
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Posts: 44
johnggberg is on a distinguished road
Default get her here asap

dude you dont get this kind of oppertunities again and again, do a register marriage and get her on h4 and apply for 3rd stage

dont miss this oppertunity
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  #18 (permalink)  
Old 07-18-2007, 05:13 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
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:
Algeria
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:
I-140
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:
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Join Date: Jul 2007
Posts: 11
gunsnkars is on a distinguished road
Question Point 2 ponder!!

Guys who r going 2 get married after August 17th and have their PD after Dec 2006 and have atleast 2 years of H1-B period left!!Y apply 485 now and wait for atleast 3 to 4 years to apply your spouses. The way I see it you can only apply your spouse's 485 when the PD becomes current again!!Instead y not wait 3 to 4 years and apply simultaneously!!Atleast give the guys who have older PD's a break!!

Last edited by gunsnkars; 07-18-2007 at 05:27 PM.
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  #19 (permalink)  
Old 07-18-2007, 05:19 PM
Senior Member
Priority Date
:
May-06
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:
EB3
I140 Mailed Date
:
10/11/2006
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:
India
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:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: May 2006
Posts: 298
eager_immi is on a distinguished road
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what kind of attitude is this. If he/she is eligible to apply they should apply.

Quote:
Originally Posted by gunsnkars
Guys who r going 2 get married and have their PD after Dec 2006 and have atleast 2 years of H1-B period left!!Y apply 485 now and wait for atleast 3 to 4 years to apply your spouses. The way I see it you can only apply your spouse's 485 when the PD becomes current again!!Instead y not wait 3 to 4 years and apply simultaneously!!Atleast give the guys who have older PD's a break!!
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  #20 (permalink)  
Old 07-18-2007, 05:25 PM
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Dec-06
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gunsnkars is on a distinguished road
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Quote:
Originally Posted by eager_immi
what kind of attitude is this. If he/she is eligible to apply they should apply.

Sorry!If it was rude!!No offence meant...Me thinks it is more of a pain than gain!!Like what if your 485 gets approved b4 u file for your spouse's...There are still solutions as much as problems!!It would only benefit guys who are desperate for EAD but then again if you have your I-140 cleard and with serious retrogressions expected you could still get 3 year H1B extensions!!!

Last edited by gunsnkars; 07-18-2007 at 05:38 PM.
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  #21 (permalink)  
Old 07-18-2007, 08:08 PM
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Mar-05
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:
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gc101 is on a distinguished road
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But, will there be a scenario where my AOS gets approved before my PD is current AGAIN? That is what I am afraid of.


Quote:
Originally Posted by eager_immi
Send her application in the day ur PD becomes current (it may take many years unless congress passes some law) it is highly unlikely that they will approve ur application in one day.
__________________
--
Nationality - India.
PD - Mar 05
EB3
I-485 sent on August 3rd, 2007.
Finger prints Done.
EAD Card received on Nov 19, 2007.
I-140 approval sent Nov 20, 2007.
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  #22 (permalink)  
Old 07-18-2007, 08:41 PM
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Nov-03
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:
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kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of kumhyd2 has much to be proud of
Unhappy This appears to be a bigger problem for many

The growing no of posts on this thread seems to indicate this as a bigger problem than was thought of. I guess many people just get in here before the marriage with the plans of settling in career and then get married

But they finally end up to take a decision on choosing one

Green Card ?

or

Spouse ?
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  #23 (permalink)  
Old 07-19-2007, 12:54 PM
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Dec-06
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gunsnkars is on a distinguished road
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If you are single and are in a position not to get married b4 August 17th please think b4 applying for 485. It is of no use to you unless you want to switch jobs on EAD which is a HUGE RISK!!My guess is you are going to get married at some point of time(Barring guys who are already in their midlife crisis b4 marriage) and would apply for your wife's Adjustment of Status. Please apply 485 togather when the PD bcomes current again. Bear in mind that even if you apply now b4 marriage you have to maintain your H1-B status. It will only make it worse when one had already applied for I-485 coz you could only get 1 year extensions as opposed to 3 years when you have an approved I-140 and have not filed for 485. Don't get overzealous and apply now and regret later!!

Last edited by gunsnkars; 07-19-2007 at 02:38 PM.
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  #24 (permalink)  
Old 07-19-2007, 01:33 PM
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Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
03/01/2007
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India
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:
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I485 Mailed Date
:
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land_of_opportunity is on a distinguished road
Default Still get 3 year extensions

gunsnkars,

You will still get 3 year H1 extensions after applying 485 as long as your priority date is not current. Anyone with a late PD will be fine.
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  #25 (permalink)  
Old 07-19-2007, 02:00 PM
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:
Dec-05
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:
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:
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:
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:
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Posts: 22
vulcanfly is on a distinguished road
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Can somebody pls confirm that we can get 3 yr H1 extensions if we file our 485 applications and also any source if you can.

Do not mind but I think this would be a critical ice breaker for lot us to make a decision of to file or not to file
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  #26 (permalink)  
Old 07-19-2007, 02:07 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
12/22/2005
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:
India
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:
I-485
I485 Mailed Date
:
12/22/2005
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PDOCT05 is on a distinguished road
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Quote:
Originally Posted by vulcanfly
Can somebody pls confirm that we can get 3 yr H1 extensions if we file our 485 applications and also any source if you can.

Do not mind but I think this would be a critical ice breaker for lot us to make a decision of to file or not to file
I think as per my discussion with lawyer to get 3 year extension you need I-140 approval.
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  #27 (permalink)  
Old 07-19-2007, 02:09 PM
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:
N/A
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:
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:
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:
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:
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:
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Posts: 14
swaroopmukka is on a distinguished road
Default Response

As somebody said above, if we r getting married after Aug 17, and if we decide not to file my 485 now. My PD is May 2007 and my 140 would be approved before my H1B is expired for the second term, and if I didn't file my 485 by then, what kind of H1B extensions would I get ?? 1 year or 3 years.

To be simple : PD May 2007
140 approved by May 2010
H1B expires Nov 2010.
485 not filed.

From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??


Thanks
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  #28 (permalink)  
Old 07-19-2007, 02:26 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Algeria
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 11
gunsnkars is on a distinguished road
Default

Quote:
Originally Posted by swaroopmukka
As somebody said above, if we r getting married after Aug 17, and if we decide not to file my 485 now. My PD is May 2007 and my 140 would be approved before my H1B is expired for the second term, and if I didn't file my 485 by then, what kind of H1B extensions would I get ?? 1 year or 3 years.

To be simple : PD May 2007
140 approved by May 2010
H1B expires Nov 2010.
485 not filed.

From Nov 2010, what kind of H1B extension I'd get (1 year or 3 years) ??


Thanks
As far as I know if the USCIS issues a receipt of your I-485 they are under the impression that your GC is around the corner irrespective of PD's...Could someone please throw some light on this issue??Would really be helpful for some people to file/not file their 485's....

Last edited by gunsnkars; 07-19-2007 at 02:28 PM.
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  #29 (permalink)  
Old 07-19-2007, 02:39 PM
Senior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
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:
India
Processing Stage
:
N/A
I485 Mailed Date
:
07/16/2007
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Join Date: May 2007
Posts: 330
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Question ?

I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.
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  #30 (permalink)  
Old 07-19-2007, 02:42 PM
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vulcanfly is on a distinguished road
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I have my I140 approved long back but I wanted to make sure that we can get 3 yr extensions if we file 485 extensions.
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