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

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  #1 (permalink)  
Old 06-26-2007, 10:07 AM
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Jan-06
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vroapp is on a distinguished road
Default Anyone with spouse on J1 with HRR?

Is there anyone here who is appying for I-485 and spouse is on J1 with HRR? how are you going with the application?

Thank you,

V
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  #2 (permalink)  
Old 06-26-2007, 11:04 AM
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Last edited by amsgc; 06-26-2007 at 11:15 AM.
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  #3 (permalink)  
Old 06-26-2007, 12:04 PM
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teky can only hope to improve
Default include name now and file 485 after waiver

Hello,

We are in the same boat (my wife is on a J1) and have applied for our 485 last month.

Include your spouse name in your application and be sure to send in your marriage certificate.

After you finish your waiver, you are automatically entitled to the green card and can file for your 485 application.

Let me know if you have any questions.

Teky.
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  #4 (permalink)  
Old 06-26-2007, 12:43 PM
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Priority Date
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Jan-06
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vroapp is on a distinguished road
Default

Thanks for the information, Teky! I am on H1B and am about to apply for 485 and she is still on J1 with HRR.

what should I check for the question; "applying with you"? Do I have to check: 'No'?

if so; we do not have to apply for 485 for her at this point of time(until she satisfies her waiver requirement), right?

Thanks again,

V

Last edited by vroapp; 06-26-2007 at 12:45 PM.
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  #5 (permalink)  
Old 06-26-2007, 02:15 PM
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garika is on a distinguished road
Default Same boat

When you say include name - are you referring to I-140 at this time since you cannot file 485 for spouse at this time?
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  #6 (permalink)  
Old 06-26-2007, 03:24 PM
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vroapp is on a distinguished road
Default

Quote:
Originally Posted by garika
When you say include name - are you referring to I-140 at this time since you cannot file 485 for spouse at this time?
I-140 has already been approved. I was talking about I-485. I cannot file I-485 for her but include her name in my application and check 'No' for the question 'applying with you'. I guess it would allow her to file 485 once she completes her waiver requirements.

V
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  #7 (permalink)  
Old 06-26-2007, 03:27 PM
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teky can only hope to improve
Default correct

Yes you are not applying for her I-485 right now but would be adding her later.

So just say "No" for that part.
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  #8 (permalink)  
Old 06-26-2007, 03:41 PM
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Hey, thanks Teky!

V
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  #9 (permalink)  
Old 06-26-2007, 11:04 PM
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Priority Date
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Dec-05
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I140 Mailed Date
:
06/01/2006
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India
Processing Stage
:
I-485
I485 Mailed Date
:
08/08/2007
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Join Date: Dec 2006
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Default Questions that posters on this thread may have dealt with

Some questions regarding applying for spouse on J1, Adjustment of status - Assuming there is no 2Yr. HRR.

Q. Can one apply for adjustment of status on J1?

A. I spoke to a lawyer informally who said yes.
But: I did not mention the exact category: J1 Researcher (the one that can be extended for up to 5 years).

Q. Since J1 is not a dual intent visa, in what status is the person after applying for Adjustment of status?

A. The lawyer said that the person is no longer on J1 after applying for AOS.
The person's status is now "Adjustment of Status Applicant".

Q. Why does the person lose their J1 status on applying for AOS?

Q. Exactly what is the date on which the person loses their status?
- Is it the Receipt date on the receipt notice
- Is it the Notice date on the receipt notice


Q. What is the status of the person if the USCIS rejects the AOS application:
- Before the expiration of the date on the DS2019. Can the applicant continue their J1 status
- After the expiration of the date on the DS2019. I understand that the person will fall out of status immediately, unless the applicant is on H4. Can we apply to adjust to H4 immediately if that happens?

Q. While the AOS is pending, can the applicant apply to adjust to H4?

Q. What happens if a pending H1 approval notice comes:
- Before applying for AOS to the USCIS?
- After applying for AOS but before the USCIS sends their receipt notice for the AOS?
- After the USCIS sends their receipt notice for the AOS
Under which of the above conditions will the applicant need to leave and re-enter the country to validate their H1?

I will appreciate any response. Will call USCIS for more information tomorrow and post here.

Thanks,

Ams
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  #10 (permalink)  
Old 06-26-2007, 11:09 PM
Senior Member
Priority Date
:
Dec-05
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EB2
I140 Mailed Date
:
06/01/2006
Chargeability
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India
Processing Stage
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I-485
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:
08/08/2007
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Join Date: Dec 2006
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Default

If anybody can recommend an attorney who specializes in J1, request to recommend.

Thanks.
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  #11 (permalink)  
Old 12-02-2016, 11:32 AM
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helloharsha is on a distinguished road
Default j1 with hrr

after the home rule is fulfilled when applying for a 485

do i have to file a i-130 for a priority date

or does the spouse retain priority date from the husband when he included her name on his i-140 and 485 before his green card got approved
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