see this:
http://immigrationvoice.org/forum/showpost.php?p=194135&postcount=49
"I self filed a 2nd set of AOS, after filing the first set on July2 thru attorney.I had requested to disregard the August 19th filing of my July 2 were filings were all being processed.I also did stop payment of...
L2 folks are not authorized to work, they are authorized to apply for work authorization. Meaning you still need to apply for an EAD, and have to have it in hand before you can start working.
I asked my lawyer and he said teh two can co-exist (H1 and EAD). Just as you can work for two employers on 2 differnent H1s, you can work forone on H1 and the other on another H1. You only need to make sure you satisfy all requirements for the first H1 (#hours worked, salary in LCA, location...
then that 485 (& associated EAD and AP) are also automatically denied. He needs to restart GC from scratch now.
If he was working on EAD, then he is out of status and must leave the US as soon as possible, if he is still on H1, he can stay till his current H1 expires.
can you post a link that says you CAN file 485 as a dependent if your spouse's PD is not current?
See question #3 here:
http://www.murthy.com/news/n_derspo.html
you can process your own GC independently. You cant join your spouse's GC until her PD becomes current. If you are from India...
- you cant file your 485 until ur spouse's PD is current again.
- your spouse should not use EAD (needs to stay on H1) assuming you are coming to the US on H4. If you are coming here on own H1 or on F1, he is free to use his EAD (and give up his H1)
- you should get married before his 485...
that makes no sense. what if the primary is now denied the AOS? Will USCIS come back and revoke the GC of the dependent?
RealCanadian is right: derivative getting approved first has happened a few times, but its a pretty rare occurrence.
See this in Murthys chatlog...
asked my lawyer the same thing a month ago, and he said exactly what WashingtonDC said.
3 years extension if PD not current, irrespective of whether 485 has been filed.
can go to EAD and come back on H1. Can come back using an H1 petition and old visa stamp. not subject to cap. I am on 7...
its not mandatory to use EAD if his H1 is still valid. he can (& in this case MUST) maintain his H1 to allow him to bring you here on an H4. He should not use his EAD until your I-485 is also filed (which can only happen when his priority date becomes current again). Depending on his priority...
may not be that big an issue; but if no one else on this forum responds, do check with a lawyer whether this matters when you go for naturalization (citizenship)
withdraw the marriage based one since your status is already adjusted now.
work for the company that filed the GC for a few months (3?) if you can. Not realy mandatory, but this might come up when you file for citizenship
A1: They can. Whether I-140 has been filed or not is not relevant in this case. Just the fact that your LC was filed >365 days ago is enough to get that extension.
A2. you will be ok status-wise since your 485 is filed and pending.
A3: h1 extension needs either copy of LC or copy of I-140...
actually even if you have used EAD to work for some other employer, at the port-of-entry you can still enter on H1. your status now becomes H1, and you need to fill out a new I-9 with your employer/H1-sponsor (you cant work for anyone else now). My lawyer suggested this as a way to come back...
Your H1 remains even if your I-140 gets denied. No future extensions, but has been granted will remain in place. FIling an I-140 shows immigration intent, so it might come up if you want to file for a non-immigrant visa like F1 or B2, but no impact at all on future H1/L1 or even another GC...
you are also ok. Any out of status is wiped clean from the 485 point of view once you leave and re-enter the US. Anything less than 180 days (which was your case) is not subject to re-entry bar etc also, so you should be safe.
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