485 deinied OR Withdrawing 485 petition

P

pachya

Registered Users (C)
If I get EAD through my spouse ( works for a small company so not sure if 140 will get approved or not, but EAD will buy me time for working here beyond 6th year!)

And in meanwhile my company files for my labor.

Now 2 possible scenarios :-

1. My spouse's 140 petition is approved and hence 485 should GENERALLY be approved I guess. Then no problem.

2. But if my spouse's 140 gets rejected, BUT by that time If there is more than 1 year since my labor is filed, I think I can get 7th year extension based on 1 year wait time. ( Assuming my EAD was valid when filed for 7th year extension).

3. My labor is approved, but my spouse's 140 is PENDING. Since mine is a big company so 140 approval won't be a problem. In this case DOES it make sense to WITHDRAW my spouse and mine 485 petition ? And file a fresh one with my company's recently (in future) aproved labor ?

Can someone comment on all 3 of above issues, see what you think of this case ?

Thanks.
 
I am not sure how (let us say) an year in EAD will make you eligible for 1yr H extension- because if the 6year is up and you did not extend it the first time, how the new H1 application you do after a year of LC pending will be an extension. Consult a lawyer though.

I140 approvals are not based on the size of the company - if both applications are pending in the same service center. Different service centers have different processing times.

At I485 stage (once again if they are in the same service centers) whichever I485 is filed first , gets approved first.

Only thing you have to pray for now is that your 140/485 receipt should reach you before your spouse's I140 is rejected.
 
If I get EAD through my spouse ( works for a small company so not sure if 140 will get approved or not, but EAD will buy me time for working here beyond 6th year!)

And in meanwhile my company files for my labor.

Now 2 possible scenarios: -

1. My spouse's 140 petition is approved and hence 485 should GENERALLY be approved I guess. Then no problem.

----- You are correct, if she does not have other issues
2. But if my spouse's 140 gets rejected, BUT by that time If there is more than 1 year since my labor is filed, I think I can get 7th year extension based on 1 year wait time. (Assuming my EAD was valid when filed for 7th year extension).

----- If your LC is filed or received by SESA or SWA and pending more than 365 days AND you are on H1 status with valid I-94 then you can file 7th year H1 extension before your H1 or I-94 expiry date with the evidence that LC is pending more than 365 days and evidence is SESA or SWA receipt that lawyer will receive from SESA or SWA that your LC has been received on XX date and Case# and you name on LC filing receipt will be as beneficiary. If you use EAD based on your derivative I-485 filing based on your wife I-140 you will not be on H1, if H1 holder uses EAD then you loose H1 status
3. My labor is approved, but my spouse's 140 is PENDING. Since mine is a big company so 140 approval won't be a problem. In this case DOES it make sense to WITHDRAW my spouse and mine 485 petitions?
------ if her I-140 is denied then I-485, EAD, AP for both of you will automatically denied and no need to withdraw. If your LC is approved then file I-140 I-485 for you and your spouse with EAD and AP
And file a fresh one with my company's recently (in future) approved labor?
------- File fresh for both of you if her I-140 gets denied
 
h1b, ead, 485

So does this mean that I can file for two 485 petitions for me. One with my company and one through my spouse ?

Thanks.
 
Re: h1b, ead, 485

Originally posted by pachya
So does this mean that I can file for two 485 petitions for me. One with my company and one through my spouse ?
Click to expand...

Stop. There is no reason to spend $600 in filing fees for multiple petitions. If your LC gets approved, file your I-140 and wait.

If your spouse's I-140 gets denied, IMMEDIATELY send USCIS a letter stating that your I-485 should be amended to reflect that you are the beneficiary of a pending I-140 (your own) and your spouse should send a letter reflecting an amendment of her I-485 to reflect that she is a dependent of you.

The point is that you're making changes only if you need to. In the worst case USCIS rejects your first I-485s and you need to refile, but I doubt that'll happen. Even if your wife is at a small company, I-140 denials usually come out of thin air. Based on any RFE returned back you can usually tell which way the wind is blowing.
 
485

Thaks for the responses. So what you are suggesting is that I file my 485 and my spouse files her own. Then we can switch depending on which one gets denied ( through 140 denial )

But, is there any legal harm in filing for 2 485's ? Will INS reject both or something ?
 
No legal trouble. When you apply for the second 485, you have to reuse the alien numbers already given to you. Alternately one can convert one of the process to CP.
 
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