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  #1 (permalink)  
Old 03-25-2009, 12:00 PM
Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
05/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Nov 2008
Posts: 44
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Default can you join derivatives on EAD?

Hi,

My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

Thanks
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  #2 (permalink)  
Old 03-25-2009, 12:10 PM
Senior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
09/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/28/2007
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Join Date: Dec 2006
Posts: 184
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Default

Quote:
Originally Posted by newtoh1 View Post
Hi,

My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

Thanks
Please update your profile.

Last edited by buehler; 03-25-2009 at 12:18 PM.
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  #3 (permalink)  
Old 03-25-2009, 12:49 PM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
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Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by newtoh1 View Post
Hi,

My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

Thanks
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
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I am not a lawyer. Use at your own risk any information given by me.
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  #4 (permalink)  
Old 03-25-2009, 12:56 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
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Join Date: Mar 2007
Posts: 1,569
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Default

Quote:
Originally Posted by raysaikat View Post
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.

Incorrect!


Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.


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  #5 (permalink)  
Old 03-25-2009, 01:24 PM
Senior Member
Priority Date
:
Sep-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
Compare
Join Date: Mar 2006
Posts: 168
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Default

While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)

Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.

I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
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