Very confused with our situation on 485 ...

R

rk_108_us

New Member
Hello All,

Unable to decide if what we should root for ... any help will clear this hazy state...

1. My labor priority is 2003(140 is applied and is in pending) and my wife's 2006(140 cleared).

2. Mostly this is not possible but will ask.... is it possible that both of us can apply 485 and declare either of us as dependants?

3. Does Labor priority date play any role once 485 is filed?

4. If I choose to opt for a dependant EAD thro' my wife, will it affect my legal status since I am in the 9 th year of h1? What complications should we be ready for?

5. As a dependant how soon can one start working on a EAD after the 485 is filed?

6. If we were to leave for India, assuming I pick to be on dependant EAD, what is the process? (My h1 - extension is upto first quarter of 2008 but current visa expired).

7. Is the GC process, once 485 is filed,is solely dependant on the 485 date of application?

Above all, what do you suggest as a safe bet?

Any direction would be a great help given the situation.

Regards.
 
rk_108_us said:
Hello All,

Unable to decide if what we should root for ... any help will clear this hazy state...

1. My labor priority is 2003(140 is applied and is in pending) and my wife's 2006(140 cleared).

2. Mostly this is not possible but will ask....

is it possible that both of us can apply 485 and declare either of us as dependants?
-----------------------YES
3. Does Labor priority date play any role once 485 is filed?
----------------------YES
4. If I choose to opt for a dependant EAD thro' my wife, will it affect my legal status since I am in the 9 th year of h1?
-----------------Not a problem, if you use EAD then you will not be on H1 status
What complications should we be ready for?

5. As a dependant how soon can one start working on a EAD after the 485 is filed?
-----------------you need EAD in hand
6. If we were to leave for India, assuming I pick to be on dependant EAD, what is the process?
-----------------file the AP while you are IN US and depart US with AP in hand
(My h1 - extension is upto first quarter of 2008 but current visa expired).
--------------- you can get H1 stamp and enter on H1 status(no need of AP, but if fear of Visa rejection then keep valid AP with you and use AP to enter US
7. Is the GC process, once 485 is filed,is solely dependant on the 485 date of application?
------------------- depends on FBI or name check and your PD
Above all, what do you suggest as a safe bet?
--------------- you can file your I-485 as Primary and can also file second I-485 as derviative (same for your wife) if you dont care about filing fees
Any direction would be a great help given the situation.

Regards.
Click to expand...

--------------------------
 
ginnu

it should be possible to keep h1 status even if you are dependent on spouse's I485 app. right?

that way you dont have to be in ead/ap mess and u can save some money too.
 
Both husband and wife's dates are current

Hi,

Looking for advise on our situation

My husband's pd is Nov 06 and mine is Aug 03. His I-140 is pending and mine is approved. Can both of us file two I-485 applications and claim each other as benficiaries in our applications.

Anxious spouse.
 
perm_eb2_wanted said:
ginnu

it should be possible to keep h1 status even if you are dependent on spouse's I485 app. right?
----YES, H1 has nothing to do with your primary or derviative I-485 pending. it is better to be on H1 status and no need to file EAD every 6 month, many keep the valid AP if the visa stamp is expired and they are going out of US for Visa stamp ( so that they can enter US with valid AP if H1 stamp gets rejected due to any reason)
that way you dont have to be in ead/ap mess and u can save some money too.
-----------------------------that is correctand for H1 extensions Employer payes not you (but if you tell them you have EAD many employers dont file H1 extensions)
Click to expand...
---------------
 
Re_filing Of I-485

Hi! Ginnu and all Gurus- Please advise!!! Here is my situation...My EB3 I-140 was approved with PD of Oct/2003. Due to retrogassion I refiled Labor under EB2 and on approval concurrently filed I-140 and I-485 in Jan/07.
Now my EB3 PD is current but EB2 I-140/485 is still pending.
Do you all suggest me to re-file 485 under EB3 based on my approved I-140 or wait to see the results of pending EB2 I-140/485?

In case my pending I-140 is not approved/denied then I have to file 485 with approved I-140 but after 07/31 the fees will be doubled and we are total 5 family members.
Else I should not wait for pending I-140 result and re-apply I-485 with approved I-140 before 07/31. This way I will just pay around $2000 instead of $4000.
What do you suggest???
 
Have two approved labors, confused and in great dilemma. Friends please advice

Hello guys,

I am in a similar situation. I have filed two GC applications. One is EB2, I 140 approved, future employment based with priority date 2004 April and the other is EB3, I 140 applied, current employer with priority date April 2004 (actually, application was filed and approved in December 2006 but ported priority date to 2004 April from the other application while applying I 140).

I am in dilemma on making a choice? I am confused and have to make a decision very soon? What I should do now friends? As both the application dates are current and eligible for 485.

Friends please advice?

1) Can I apply both?

2) Should I go for Eb2, future employment based with priority date 2004 April or Eb3, current employer with priority date 2004 April?

I know that every one is busy preparing their application. I would really appreciate if someone can guide in a direction.

Thanks in advance and I wish everyone good luck with their GC!
 
What I would do is file one I-485 application now and include the approval notice of both I-140 petitions as evidence of eligibility. That's how lawyers I know do it.
 
useruser9999 said:
Hello guys,
Should I go for Eb2, future employment based with priority date 2004 April or Eb3, current employer with priority date 2004 April?
!
Click to expand...

If I were you, I will go for EB2 140. Just because of the chance of retrogression, if EB3 moved too far back, you may lose your chance get 485 adjudicated. EB2 stands more chance of being current with 4/2004 PD.

If you can go with both, the only worry is which one will USCIS chose to use. If they use EB2 that's great, but if they pick EB3, you may run into this retrogression again in future.

2 cents.
 
Backup 485

Hi Ginnu and Gurus,

I am thinking to file two 485s. Details are below.

Future employer: EB2, RIR, priority date April 2004 and 140 approved.

Current employer: EB3, priority date Dec 2006, 140 pending, requested USCIS to port priority date to April 2004.


1) If I file both the 485s and USICS process my future employer 485 first, what happens to my pending 140 filed with current employer?

2) If USCIS rejects my second 485 or I withdraw it, can I invoke that 485 in future if I ever ran into any problem with my future employer during GC processing or after GC is approved?

3) If I work for 180 days with my current employer from the date of 140 approval, can I invoke that 485 in future if I ever ran into any problem with my future employer GC?

4) I want to use my current employer GC as a back if possible. How I can make sure that my backup 485 (current employer) is useful in future? E.g. Wait until 140 is approved and work for at least 180 days before I move to future employer.
 
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