140/485 concurrent filing... spouse in india

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paradkaram

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I have almost the same problem. Any advice is appreciated

I got LC approved on Sept 29, 2005 under PERM. EB-2. I filed my I-140, I-485, next day with VSC before retrogression takes place. I am looking for time frames for I-140, I-485...

the 2 questions i have are... the most important issue is i am engaged and planning to get married Jan, Feb 2006.

1. Can I add my spouse name to my existing 485 application in future
2. If I can get a marriage certificate dated before 30 Sept would that change the situation?
3. Now as far as her application for green card is concerned, can she apply under EB-2 485 or would her application will go as a family based petition or something
4. Is it possible to rollback a 485? What impact would it have on my 140 or future 485 filings...?

I filed for my 485 / 140 concurrently.... EB-2 category...

What are the options I have in my situations
Thanks
Aniruddha
 
paradkaram said:
What are the options I have in my situations
Click to expand...
WAaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaiiiiiiiiiiiiiiiiiit for a looooooooong time since
you PD is fairly recent.

Your spouse can file 485 only if all of the following is true at the time of filing:
She is in US
You are legally married to her
Your PD is current.
 
but the important point is ... which sort of filing is she going to go through

1... family based GC petition.....
2... or EB-2 petiton like mine....

Also what would her PD be in that case.....
 
paradkaram said:
but the important point is ... which sort of filing is she going to go through

1... family based GC petition.....
2... or EB-2 petiton like mine....
*************** Derivative spouse based on your Employment based I-140
Also what would her PD be in that case.....
-YOUR PD, they day your LC was recieved by DOL
Click to expand...
 
friends

the is wrt to u r reply...

1. so it means that i would be able to legally amend my existing I-485......
2. And i owuld be able to add her name in my depedency column although currently my column says i dont have any dependents / derivatives

correct me if i a m wrong....

Thanks
Aniruddha
 
paradkaram said:
so it means that i would be able to legally amend my existing I-485......
Click to expand...

For your wife to get a GC, you do not amend your I-485. She needs to file her own.

And i owuld be able to add her name in my depedency column although currently my column says i dont have any dependents / derivatives
Click to expand...

You will NOT be amending your I-485. She needs to enter the US on a valid non-immigrant visa and then file her own I-485 if your priority date is current.
 
You say your application is PERM based so I assume your PD is sometime in May/June 2005. In that case, for EB-2 to get to these PD it might take some time. Look for my answers below, point by point

1) Yes when her PD becomes current she can file her 485. Her PD is same as yours but you got lucky by filing before retrogression while she is subject to retrogression. You may be looking at atleast one year for the six years of old PD to come to current but then who knows?

2) It might but it is not necessary to cook up records like that. Any marriage certificate dated before your 485 approval date (not application date) should get her into your EB-petition

3) She will qualify to join your EB GC petition if marriage occurred before your 485 is approved -- Even if we're very optimistic, 485 takes about 6 months to one year to process after taking up for review.. First of all, to take up for review PD needs to be current which might take several months (if not years) for Indians.

But there are always some freak cases where approvals happen overnight.. In general, though, if you're getting married in early 2006 there should be plenty of time for her to join your 485 application

4) Yes it is possible to revoke any petition but why would you do that? You've just managed to apply before retrogression started, which is a great thing to do to get an EAD and portability etc on your 485.

>> YOUR OPTIONS:

As it might take several years in the worst case scenario for your wife to get her ability to apply for an immigrant visa (consular) or 485 (only if she was already in US by then), you should look at the possibilities to live together with your wife before that eligibility comes.

For that to happen she needs a non-immigrant status in US. I guess you might have applied for EAD and Advance parole together with your 485? If you use your EAD to work, or advance parole to re-enter US from any international journey, it would amount to abandoning your H1. Therefore your dependent also loses any possibility to get a H4 in that case.

Take care not to use your EAD/AP. You can remain on H1 and continue to extend it even beyond the 6 year limit when a 140/485 is pending. You should only utilize that option. If you've not already applied for EAD/AP it might be an unnecessary expense as it has a validity of 1 year and you may not at all use it anytime.

On the other hand, if you need to use EAD for some reason (to do a second job, non-H1 job etc) then you can apply for EAD anytime and get it within a month or so. I got mine within 10 days of applying recently. But remember if you want your wife to be with you in US -- at that time she needs to have her own non-immigrant status like a H1 of her own etc.

All my comments are knowledge gathered from heresay and forums etc. and not any legal opinion. But I believe these are true observations, however you need to check your own case with a qualified immigration attorney.

-Ram[/FONT][/COLOR]
 
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pvr726 said:
4) Yes it is possible to revoke any petition but why would you do that? You've just managed to apply before retrogression started, which is a great thing to do to get an EAD and portability etc on your 485.
Click to expand...
If the primary uses EAD, the spouse will go out of status unless she has her own H1/L1/F1 status.
 
Thank you guys.

My lawyer also said the same thing....as the other in this forum said.

Well put pvr.....

I appreciate your help and others in this forum

Aniruddha
 
Ead / H1-b / I-485

Guru's please help

I have a question to all the gurus about the H status and EAD.

I currently have a valid H1B visa (upto Aug 06) and have been working with the same employer since comning to the US. My labour got approved under perm and my lawyer filed 140/ 485 before rettrogession took place.

I also came to know my lawyer filed for my 'EAD'

I needed some clarification on EAD and H status.

1. if my EAD is apporved what would be my status?

2. I am getting married next month, and hence sometime early next year my wife would join me on H4. How does my EAD affect her?

3. Even if i get an EAD apporved... is thier any way i can continue to work on my H1 wihtout really using my EAD?

4. How does it affect my travel to india?

Their are a lot off grey areas in these situations... please help me guru's

My Pd is Aug 2005
My 140 /485 date is 30 Sept 2005

Thanks
Aniruddha
 
There are no grey areas in your case; for you, EAD is useless till your PD becomes current since your wife has not applied for AOS yet.
Do not use your EAD or else your wife can't apply/retain H4.
Approval of EAD will not change your status.
Thanks to retrogression, EAD is nothing more than an expensive photo id for some of us - a 'benefit' Murthiji conveniently forgot to mention.
 
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Getting an EAD and using it are two very different things. Getting EAD by itself does not change your status. Your status would continue to be simltaneous H1 and AOS pending. Your spouse is eligible for an H4.

If you use the EAD, then your status is AOS pending only, and your souse is not eligible for an H4. (You may however get back into H1B status if your employer or another employer files an H1B).

If you have an H1B stamp valid in your passport, then you can use it to enter the US if you have not used the EAD.

So, the moral is to keep the EAD in a safe location and hold onto the H1B as long as possible.
 
So basically.. evn though my EAD may be approved i will continue to use my H1-B. and to maintian my wife status i CANNOT use my EAD.

Would i be able to renew or extend my H1-B incase it expires...

Thanks. your answers are appreciated

aniruudha
 
Raj1994 said:
So, the moral is to keep the EAD in a safe location and hold onto the H1B as long as possible.
Click to expand...
Correction: hold on to H1 as long a you want to hold on to your wife here in US.
You can stop applying for EAD and making your lawyer/USCIS richer till the PD becomes close to current.
 
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