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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1 (permalink)  
Old 09-24-2007, 11:40 PM
Junior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Sep 2007
Posts: 12
rakeshverma72 is on a distinguished road
Default Filing 485 and EAD for a wife on H4

Hello Gurus.. I need uregent help from you guys...

I have following scenario

H1-B On 7th year with 3 more years of approval till May 2010.
PD :- 02 July 2006
Category : EB2
I-140 : Approved in Feb 2007
1 485, EAD and AP applied on 3rd July 2007.
1-485: Got Receipt on 11 Sep 2007
EAD and AP :- Still in process
Finger Printing: Scheduled on 11th October 2007

I have a Gal friend in India. And we are planning to get married in Dec 2007. So I am planning to bring her to US on H4 as I still have my H1 alive.

I was wondering.. is it possible for me to file for her I-485 and EAD after she comes to US on H4 as by that time I am already gone out with my Finger printing and might have got my EAD too...

Pls help and I couldn't find the same scenaio on the portal. as some one told me that you could file your spouses amemded 485 with EAD until you haven't gona for Finger printing ... Pls help...
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  #2 (permalink)  
Old 09-25-2007, 12:40 AM
Junior Member
Priority Date
:
Oct-06
Category
:
EB3
I140 Mailed Date
:
10/26/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Jul 2007
Posts: 10
yorstruly is on a distinguished road
Default

My understanding is that you can file I-485 for your wife (as your derivative) only when your Priority date becomes current again.
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  #3 (permalink)  
Old 09-25-2007, 01:08 AM
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
:
Nigeria
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jun 2006
Posts: 703
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If your 485 is not approved by December 2007 when you get married, you could submit 485 for your wife when your priority date becomes current again.
You could also file 485 for her within 180 days of getting your GC provided that the relationship was established prior to approval of your 485.
__________________
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #4 (permalink)  
Old 09-25-2007, 07:44 AM
Banned
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
08/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
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Join Date: Aug 2007
Posts: 193
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Quote:
Originally Posted by rakeshverma72 View Post
Pls help and I couldn't find the same scenaio on the portal. as some one told me that you could file your spouses amemded 485 with EAD until you haven't gona for Finger printing ... Pls help...
U need to wait till dates become current.I dont think it is related to fp
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  #5 (permalink)  
Old 09-25-2007, 09:44 AM
Junior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
01/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Sep 2007
Posts: 12
rakeshverma72 is on a distinguished road
Default

Thanks a lot Gurus for such a valuable information.

I see the PD current for Eb2 is 01 APR 2004. Is there any means by which I could apply for her EAD so that she could start working... as She has done MBA in Finance and been working for Bank in India.

Also I doubt that could happen that before PD date reaching current to July 2006 which is my PD... I might get my GC.... so as mentioned by you.. in that scenario I won't be able to apply for her 485 and EAD and hence what should happen in that scenario for me to apply for her 485 and EAD. will she be able to get GC..

Pls Help!!
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