A Thank You Note

M

macjoubert

Registered Users (C)
I have received my Green Card and I am thankful to many on this forum who basically guided me through this process with a helping hand and very courteously, especially during those dull and dreary years 2003 - 2007 when the date was stuck on April 2001 for almost eternity!

I am now hoping to get a receipt notice for my wife and be done with this, after the hundreds of $S spent on calling and confirming regulations and procedures with multitudes of lawyers, it has made me quite confident that there is light at the end of the tunnel.Patience and fortitude are essential.

Wish you guys all the best.
See my signature for my timeline....
 
question about family I485

Hi Macjoubert,
I can add my family I485 anytime after i file mine? Here is my question in detail.

I applied for my I485 on June 28th which reached them on June 29th. My family was with me all the time for last 8 years hoping to file with me. They went on a vacation and after 15 days they left US, my pd became current on June. I couldn't bring them as visa appointment was not available to get H4 stamped ( I was also cool because at that time July was also current ). Now everything is upside down, is it still possible to file for my family once they come back from their vacation next month? Or is it true that i will never be able to file until my GC got approved? I am really scared now. My attorney says i can file them once they come back. Even when my PD becomes current on October or sometime, i won't be able to file? The main reason is my attorney is asking an email from me saying that i will take care of their legal status. I really appreciate your replies.

PD: Nov 2002
India EB3
140 Approved Dec 2006
Applied 485 for myself on June 29th
Hoping to file for my family.
 
gc_nohope said:
Hi Macjoubert,
I can add my family I485 anytime after i file mine? Here is my question in detail.

I applied for my I485 on June 28th which reached them on June 29th. My family was with me all the time for last 8 years hoping to file with me. They went on a vacation and after 15 days they left US, my pd became current on June. I couldn't bring them as visa appointment was not available to get H4 stamped ( I was also cool because at that time July was also current ). Now everything is upside down, is it still possible to file for my family once they come back from their vacation next month? Or is it true that i will never be able to file until my GC got approved? I am really scared now. My attorney says i can file them once they come back. Even when my PD becomes current on October or sometime, i won't be able to file? The main reason is my attorney is asking an email from me saying that i will take care of their legal status. I really appreciate your replies.

PD: Nov 2002
India EB3
140 Approved Dec 2006
Applied 485 for myself on June 29th
Hoping to file for my family.
Click to expand...

My understanding is you cannot unless the dates are current i.e. a visa number is available for them even though you might have applied for yourself.
Though I applied for my 485 in 2003 i couldn't apply for my wife's 485 because the dates were never current till now.I had to maintain H1B status even though I had EAD and AP.
I've been hearing that even petitions filed during the last week of June may also be returned. I filed for her on June 25, so I'm keeping my fingers crossed.
 
Thanks for your reply. As long as i can apply for them after pd current, i will be ok i guess. Because getting my application approved in an year is too much to belive and i am hoping that my pd will current again within one year.

Thanks again for your reply.
 
Congrats, Macjoubert! Can you please post your FP details? Did you file in VSC or TSC? Did you have any LUDs recently? My case dates are similar to yours but I have not received my 2nd FP notice. My first FP was done in Nov 2004.
Thank you for any information.
 
GV_GC said:
Congrats, Macjoubert! Can you please post your FP details? Did you file in VSC or TSC? Did you have any LUDs recently? My case dates are similar to yours but I have not received my 2nd FP notice. My first FP was done in Nov 2004.
Thank you for any information.
Click to expand...

I filed at the NSC.
About the LUDs, yes I had a flurry of them early this year, even on my 140 which got me worried because I've left that company without AC21 and assumed he might have rescinded the 140, hence the LUD, but that wasnt the case.
I remember I had one LUD on June 2006 for 140 and for the 485 June 2006,Jan 2007, March 2007 May 2007 and then the final set of updates prior to final approval.
I didn't keep a track of the exact FP dates but the last was in February 2007.
My first FP was done in Jan 2004.
 
gc_nohope,
Historically, you can get approved only when your PD is current. At that time you can file for your wife, because she will also be current. If you file your wifes 485 she will have legal status based on pending AOS for ur wife.

This is the first time things are screwed up. Now people like you (and me) can get approved until Oct 1 (all used up visas are not necessarily allocated and hence we are continuing to see approvals even now, though since you just filed you wont get approved) So, I think unless this sort of mess repeats, you can file your wife when your PD gets current, since you wont be approved until then. Makes sense?

To be on the safer side, you get your wife L1/H1/F1 or somthing and make your kids dependent on your wife, so that you dont get caught offguard if this sort of mess repeats itself.

See my signature for details. My wife is on L1. We got married on Jun 6 and her 485 reached only on July 2. So not sure whats going on. We can probably refile only on Oct (PD is EB2 2001). Since she has L1 status now, we are OK even if my 485 gets approved.

Hope this helps. Check a good lawyer to be sure.
 
Thanks a lot for that reply

I understand that. Thanks for your reply. I am hoping that my PD will be current again in Oct.
 
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