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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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  #31 (permalink)  
Old 07-19-2007, 02:45 PM
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Quote:
Originally Posted by acecupid
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.
you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!!
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  #32 (permalink)  
Old 07-19-2007, 02:48 PM
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Default response

// you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

What say ???
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  #33 (permalink)  
Old 07-19-2007, 02:57 PM
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Quote:
Originally Posted by raj3078
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
Quote:
Originally Posted by gunsnkars
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!!
gunsnkars/raj2078 or anybody,

Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

Please remember that my fiancee is already on H1-B currently in India. I am from India too.

Thank you,
gc101
__________________
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I-485 sent on August 3rd, 2007.
Finger prints Done.
EAD Card received on Nov 19, 2007.
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  #34 (permalink)  
Old 07-19-2007, 03:05 PM
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Quote:
Originally Posted by swaroopmukka
// you are right on the money!!But i don't see any use for guys with PD>2006 coz anyway they would have to wait for more than 3 years to file their spouses bcoz of retrogression. y not wait for PD's to bcum current at a later date and apply together..GET IT!!! //

Only use applying for 485 now single is to be eligible to apply for EAD anytime. And if your spouse decides to study (F1) or work (H1), you can apply and get your EAD and use it. Once the PDs become Current, you can add her case (AOS) and her EAD too at that time.

If you think that your spouse would remain on H4 no matter what, then you are correct, there is no use filing 485 alone now.

What say ???
"you can apply and get your EAD and use it" what does that mean???your wife can still change her status after coming here on H-4 irrespective of whether you have applied/not applied your 485. EAD is of no use to you coz u r already working...It is only of good use if your wife can work!!!

Last edited by gunsnkars; 07-19-2007 at 03:24 PM.
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  #35 (permalink)  
Old 07-19-2007, 03:34 PM
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Quote:
Originally Posted by raj3078
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
Quote:
Originally Posted by gunsnkars
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!!
gunsnkars/raj2078 or anybody,

Can you please read Raj3078's response earlier in the thread and then your suggestion? As I understood them they are mutually exclusive things. One is apply for 485 and one is wait. I want to know one thing among other things.

Is the ONLY benefit for applying 485 , for me, is to get EAD? I mean, if I don't apply for AOS now, I am assured that me and my spouse can file together when PD becomes current and they will approve ONLY if my PD is current. Isn't that right? That could be five years away, but, my spouse will be able to piggyback on my GC processing.

Please remember that my fiancee is already on H1-B currently in India. I am from India too.

Thank you,
gc101
__________________
--
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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  #36 (permalink)  
Old 07-19-2007, 03:56 PM
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What Raj is saying is get your GC first and process your wife's through family based which would take a very loong time...10 years!!!

Now to my views..Your wife will be able to piggyback on your 485 application irrespective of her status H1-B or H-4 or F-1..She's your wife PERIOD...no problems there!!what i don't understand is this bangwagon "lets apply ours first and include our wife's petition later when PD becomes current"...Instead y not apply both petitions together when PD becomes current again!!Atleast you wouldn't have to worry what if my petition gets approved b4 my PD becomes current!!!And god knows how many years of H1-B extensions they would give you once you have your applied 485 receipt!!!At the end of the day it is your choice!!!

Last edited by gunsnkars; 07-19-2007 at 04:05 PM.
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  #37 (permalink)  
Old 07-19-2007, 04:32 PM
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Default very bad

Once you invoke your EAD ,your H1 goes void. H4 is dependent on H1 and it should also be void. Assuming it does not go void, then you will enter into another problem when the H4 expired. You will not have any avenue to renew her H4 without you being on H1. I would recommend you to stay on h1 if your wife is on H4.

Quote:
Originally Posted by swaroopmukka
Hello,

I have a similar situation, but different factors. My labor has been approved May 2007 and I can apply for my 140 and 485 together and I'll do it now well before Aug 16. I'm getting married and my wife would be here by September or October. She'll be on H4. I won't be applying for my EAD if she decides to be on H4. If the dates go back to say 2005, I will need to wait for my priority date of May 2007 to come CURRENT again and then only do her AOS (I'm assuming until then even my 485 won't be touched by USCIS). Once my date becomes current and my application starts processing, I'll add her immediately.

Now the only thing I'd be missing in such a case would be applying for my EAD anytime soon. If she decides to apply for H1B next year or even go on
F1, then I can apply my EAD and start using it. I'll be on my EAD and she'll be on H1/F1. When my priority date becomes current (in a few years assuming), then I can add her AOS.

Please suggest what should I do now ??

Thanks
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  #38 (permalink)  
Old 07-19-2007, 04:54 PM
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Default Oh Law answers

http://www.immigration-law.com/Temporary%20File.html

File for 485 and maintain your H1 is his take. Dont use EAD and be on h1.
__________________
PD march 2004
1st 140 approved.
2nd 140 approved on Sep 5,2007.
(me and my spouse below)
485 - Filed on July 2,2007
485 - ND - Aug 08,2007
FP - Sep 06.
EAD - Oct 1st

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  #39 (permalink)  
Old 07-19-2007, 04:59 PM
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Question what if I485 approved before PD is current for spouse?

My question is

what are the ramifications if

1. I apply for i-485 now.
2. get married and bring spouse on h4 and she remains on h4

and my I485 is approved before the PD is current so spouse is out of status for a short while before she can apply for AOS?

my case is EB2; PD is july 2006.
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  #40 (permalink)  
Old 07-19-2007, 05:16 PM
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I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

Hope, USCIS would allow filing for dependents at a later stage even your PD is not current.
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  #41 (permalink)  
Old 07-19-2007, 06:04 PM
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Nope ur PD has to be current for them to process your AOS and Aug is already unavialable so there is no way they will process ur paperwork. Also I think within 60 days of AOS you can add spouse. You should talk to a lawyer and not use other people's judgement to decide to file or not to file.
Quote:
Originally Posted by gc101
But, will there be a scenario where my AOS gets approved before my PD is current AGAIN? That is what I am afraid of.
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  #42 (permalink)  
Old 07-19-2007, 06:28 PM
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Quote:
Hope, USCIS would allow filing for dependents at a later stage even your PD is not current.
This is what I am hoping IV could work on too.

http://immigrationvoice.org/forum/sh...ad.php?t=10695 (folks who are single and what IV can do to help them)
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  #43 (permalink)  
Old 08-01-2007, 07:44 PM
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Quote:
Originally Posted by Jitamitra
I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

Hope, USCIS would allow filing for dependents at a later stage even your PD is not current.
a) That is what I am hoping. If not, I am screwed. I planned to go ahead apply for I-485.

b) ???

c) If USCIS doesn't go by PD, everybody is screwed....

d) as long as possible --- What does this mean? I have to keep on extending my H1B , that's all , right. Or while coming back from India, will the Immigration officer force you to start using EAD?

Comments would be appreciated.

Thankyou,
gc101.
__________________
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Finger prints Done.
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  #44 (permalink)  
Old 08-01-2007, 08:36 PM
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raj3078,

Order of processing has nothing to do with PD being current. Now this is not an opinion it is a crystal clear CIS pronounced fact. (http://www.murthy.com/news/n_nsccpr.html)

Pre-adjudication where work continues irrespective of visa # availability (where everything else is done except visa # allocation) happens as per the RD of the I-485.

Now even if gc101's I-485 get's pre-adjudicated sometime next year w/o PD being current his I-485 is not "approved" unless visa # is allocated. Now suppose his PD becomes current after his app. is pre-adj., he has very little time to add the spouse name as there is chance like in June that they may quickly assign the visa # and "approve" the file in days.

So gc101 would be safe if his PD becomes current before his file is pre-adj or get's stuck (!) in something like FBI namecheck after pre-adj. which might allow him time to add his wife's name.

Quote:
Originally Posted by raj3078
My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance
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  #45 (permalink)  
Old 08-02-2007, 01:40 PM
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Quote:
Originally Posted by InTheMoment
So gc101 would be safe if his PD becomes current before his file is pre-adj or get's stuck (!) in something like FBI namecheck after pre-adj. which might allow him time to add his wife's name.
So, what you mean is, I would be better off to hope that my name gets stuck somewhere in the namecheck or RFE or something for me to have enough time to get my spouse added in time BEFORE my I-485 gets approved. Did I understand it right?

gc101.
__________________
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Finger prints Done.
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