140 & 485 while spouse in India

J

jayraj7

Registered Users (C)
Dear Friends,
My Wife has got a H4 visa interview date for September end.

My labour has been approved for EB2.

Is it advisable to apply for 140 & 485 Right away before EB2 category retrogesses?

OR

Should I wait for my wife to come to US and then both of us could apply together?

Any suggestion would be very helpful to take a decision.

Regards,
JRK
 
Apply rightaway without any delay

I gather you are in EB-2 category. You should apply for your own 485 before Sep 30 so as not to miss a chance to apply due to retrogression.

But you should continue to extend your H1 status inspite of applying for 485 so that your wife cam join you as non-immigrant. That might mean extending H1 from year to year after the 6 years are over.

As long as your PD does not become current, both you and your wife should continue as non-immigrant status (H1 & H4). Therefore until such time, there is not much point in you applying for EAD or AP. Because even tho EAD gives you employment flexibility, once you use EAD then your H1 is considered abandoned, and your wife's H4 becomes out of status too. YOU SHOULD NOT TRAVEL ON H1 (should only use Advance Parole) AFTER EAD is UTILIZED even though H1 may have validity, as this will lead to you denial of your GC petition. Best is, don't even apply for EAD and AP right now for yourself and continue on H1 only.

When your PD becomes current, your 485 will be taken up for processing and new 485s of same PD (like your wife's) will be accepted for submission. You should immediately apply for her 485 when this happens, preferably before your own 485 will be approved (there may be several months of processing between taking up for review and completing the processing, but you never know -- when exactly you don't wish it, they may get very efficient and process your case the same day).

Even if your 485 gets approved by any chance before your wife could apply for her own, (like say because she is in India at that time), she can still apply under EB-2 485 as long as her PD (same as yours) is current. No need to fear that her application will go as a family based petition or something -- if marriage happened before your 485 approval then her case qualifies for EB petition, no matter what her application date for 485 is. This was my misunderstanding that in such a case wife should go into family based category and wait for several years before getting GC but it was corrected by an attorney opinion in the other portal forums recently.

Hope this helps.

-Ram
 
in the same boat

Guys...

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 retroggettion 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. if i receive finger printing notice.... does that mean my status has been changed from H1 to GC.
2. Is their any way of delaying it?
3. I have submitted my I-485 without the mdeical report. For lack of Time and to get in before retrogettion i had submit it with out the medical report. Is it going to have any effect on my I-485? Accept or Denial...

Thanks
Aniruddha
 
Made a mistake

paradkaram said:
Guys...

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 retroggettion 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. if i receive finger printing notice.... does that mean my status has been changed from H1 to GC.
-------------- FP is just part of a process in I485. Doesn't mean that you will get GC just by doing FP. Need to get I485 approved to get GC.. Anyway, dates are retrogressed & you will not get approved until dates are current.

2. Is their any way of delaying it?
---------------- Yes you can reshedule but will not help in your situation.. See below

3. I have submitted my I-485 without the mdeical report. For lack of Time and to get in before retrogettion i had submit it with out the medical report. Is it going to have any effect on my I-485? Accept or Denial...
--------------- No. You will just get a RFE to submit the medicals.. Will not get denied.. just get a little delayed..

Thanks
Aniruddha
Click to expand...

Being married is different from being engaged!! You cannot include your fiancee in GC even after marriage.. Your marriage datte should be eariler than recipt date of I485. Check with your lawyer...

Holding off FP is not going to help you. You should have just hold off filing for I485. In order to include spouse, you should include spouse when applying for I485. Now I guess you need to wait for your GC & apply family based GC for wife.. Just my understanding, check with lawyer again.. For answers for your Q check the above..

GCCO
 
Last edited by a moderator:
pvr726 said:
As long as your PD does not become current, both you and your wife should continue as non-immigrant status (H1 & H4). Therefore until such time, there is not much point in you applying for EAD or AP. Because even tho EAD gives you employment flexibility, once you use EAD then your H1 is considered abandoned, and your wife's H4 becomes out of status too. YOU SHOULD NOT TRAVEL ON H1 (should only use Advance Parole) AFTER EAD is UTILIZED even though H1 may have validity, as this will lead to you denial of your GC petition. Best is, don't even apply for EAD and AP right now for yourself and continue on H1 only.
-Ram
Click to expand...

You cannot use AP and still be in H1.. Once you use AP, you should convert to EAD..

People are in a rush to apply for I485 before the dates are retrogressed becos they want to take advantage of AP & EAD (to change employers). Your GC will only be approved if dates are current..

If you cannot use AP & EAD, don't bother applying for I485. Just apply when spouse is in US..

Check with lawyer about whether wife can mantain H4 when you have EAD... you'll never know.. there might be a provision somewhere..

GCCO
 
Complex situatuion...

Guys...

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
 
Spouse in India question

Gurus,
My wife is in India waiting for her H4 interview. I applied for 140+485 (without EAD and AP) on sept 30. But I had my marriage certificate with me and attorney checked the box on 485 form which asks about the spouse applying with you? in the spouse information section. Does it mean that her 485 is applied too ? so can we both apply for EAD and AP once she arrives here ?
My company doesn't provide much information from attorney :( so I really need some advice...

Thanks in advance
 
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