485 application for wife and switching job - PLEASE HELP

D

dhi_img

Registered Users (C)
Hi,
Please help me with the following situation:

1. I have applied 140, 485 concurrently in Oct 2003 with Vermont Service Center( living in California for my entire period of stay in US )
2. In June 2004 my 140 got approved – crossed 180 days after 485 application3. Got my first FP notice and scheduled on Oct 21st, 2004.
4. I’m holding EAD card.
5. I’m maintaining the H1 status and my wife is in H4.

Qn is can I use my EAD card and switch my job using AC21? If ‘yes’ then is it possible to apply 485 for my wife after switching the job? Is there any experience with anybody like this before, please share.

Thanks in advance and really appreciate you help.
 
dhi_img said:
Hi,
Please help me with the following situation:

1. I have applied 140, 485 concurrently in Oct 2003 with Vermont Service Center( living in California for my entire period of stay in US )
2. In June 2004 my 140 got approved – crossed 180 days after 485 application3. Got my first FP notice and scheduled on Oct 21st, 2004.
4. I’m holding EAD card.
5. I’m maintaining the H1 status and my wife is in H4.

Qn is can I use my EAD card and switch my job using AC21? If ‘yes’ then is it possible to apply 485 for my wife after switching the job? Is there any experience with anybody like this before, please share.

Thanks in advance and really appreciate you help.
Click to expand...


So, you still havent applied 485 for your wife? I dont think it should be a problem in filing your wife's 485 since you already crossed 180 days after filing your application and you can use AC21 and start working on your EAD.

Can I know the date in October, I mean the filing date?

When did you get your FP notice?
 
The RD is 15 Oct 2003 for both 485 and 140 for me.

I know that I can apply 485 for my wife before switching the job, my qn is whether I can apply after switching the job?

Thanks.
 
dhi_img said:
The RD is 15 Oct 2003 for both 485 and 140 for me.

I know that I can apply 485 for my wife before switching the job, my qn is whether I can apply after switching the job?

Thanks.
Click to expand...

Yes you can

-dyno
 
dhi_img said:
The RD is 15 Oct 2003 for both 485 and 140 for me.

I know that I can apply 485 for my wife before switching the job, my qn is whether I can apply after switching the job?

Thanks.
Click to expand...


When did you get your FP notice by mail?
 
Hi dynobuoy,
So when I'll apply for her 485, what would be her status, I heard that one uses EAD, he looses his H1 status, that intern invalidates the H4 for my wife and she will be "out of status" ????

I got my FP notice on 15th September.
 
You are right. Use of EAD will invalidate H1 and all subsequent H4.

Check I-485 forum, answer is already posted there.
 
dhi_img said:
Hi dynobuoy,
So when I'll apply for her 485, what would be her status, I heard that one uses EAD, he looses his H1 status, that intern invalidates the H4 for my wife and she will be "out of status" ????

I got my FP notice on 15th September.
Click to expand...

She won't be 'out of status'. Her status will be 'pending AOS'. Since your 140 is already approved the chances of denial of your 485 depends entirely/solely on your records (meaning you are not depending on your employer on any documentation). Provided you have all your documents the chances of 485 denial is very minimal. Even if your wife doesn't apply for EAD she would still be in 'Pending AOS'. But she requires EAD if she decides to work.

hth
dyno
 
Last edited by a moderator:
She WILL be out of status. If you don't have a pending AOS for her, she is definitely out of status if you cancel your H1. The way I see it, you have two options:

1. Transfer your H1 to your new employer. Use AC21 to port your 485
You remain on H1 and your wife remains on H4

2. Apply for a 485 for her BEFORE you quit your current employer. As long as the application has been recevied, she's pending AOS

I'm surprised you're not yet added your wife to your GC. Sooner the better.

~T
 
Also it might help if you could say after how long you plan to apply for your wife's 485 after switching jobs. USCIS usually allows a grace period (usually 30 days) between change of status. So if you do it within that time, you would be safe.

hth
dyno
 
dhi_img

If I were in your situation, I would take the offer with future start date (possibly after 10-15 days).

Also, start preparing I-485 for spouse and mail it to USCIS using certified mail (with return receipt request) before joining second employer.
 
Also, use personal checks for paying USCIS fees, that will give you date when they cashed your checks and confirms the petition.
 
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