Both on H1 - Need to file I-485(GreatGuru/Ginnu-Please advise)!

[shenoma]

Hi Great Guru/Ginnu,

Need your advice again this time.

Both my husband and I are on H1 and it is expiring by Jan 2010 and May 2010 respectively.
My husband's PERM got approved and his company is going to file for his I-140 and I-485 concurrently before the Aug 17,2007(priority date current).

My employer will start my GC only later in Oct as it was told when I was hired. My husband's company attorney said they can file for my I-485 along with my husband. Is this ok? wouldn;t they need my Perm and I-140? Also, how can I be on H1 status after 6 years of H1 status and I-485 not approved for my husband's application along with me?

can I apply i-485 along with my husband before Aug 17,2007 and separately file PERM and the rest of the applications including I-485 with my employer starting Oct 2007. Is it possible to apply both ways ? I don't want to miss the Priority date that is current now..

Please advise as I cannot contact my company attorney at this time and my husband's attorney is not willing to help us on my case.

Thank you for your help!

 

[gc_chahiye123]

file through your husband

you dont need your own LC/140, you can (& should) file through your husband as a dependent.

In the meantime continue your own LC+140 as a backup in case something goes wrong in the petition filed through your husband (or you want to maintain your own H1s and want extensions etc)

 

[ginnu]

Hi Great Guru/Ginnu,

Need your advice again this time.

Both my husband and I are on H1 and it is expiring by Jan 2010 and May 2010 respectively.
My husband's PERM got approved and his company is going to file for his I-140 and I-485 concurrently before the Aug 17,2007(priority date current).
------------------file your derivative I-485 with your husband I-485


My employer will start my GC only later in Oct as it was told when I was hired.
My husband's company attorney said they can file for my I-485 along with my husband. Is this ok?
----------------that is OK
wouldn;t they need my Perm and I-140?
-----------No your I-485 with your husband I-485 will be filed as Derivative I-485 ( if you wish you can also file EAD, many file EAD and dont use it)
Also, how can I be on H1 status after 6 years of H1 status and I-485 not approved for my husband's application along with me?
-------------------based on pending I-485 you can get H1 extension or you can use EAD Or after your PERM approval your employer can file I-140 and you can get H1 extensions
can I apply i-485 along with my husband before Aug 17,2007
------------------------YES, YES, File so that it reach USCIS BEFORE Aug 17,2007
and separately file PERM and the rest of the applications including I-485 with my employer starting Oct 2007.
-your employer can file your PERM and after PERM approval the I-140 I dont expect that PD for you will be current in 1-2 years if you belong to India China

Is it possible to apply both ways ? I don't want to miss the Priority date that is current now..
-----------YES, file your derivative I-485 NOW
Please advise as I cannot contact my company attorney at this time and my husband's attorney is not willing to help us on my case.

Thank you for your help!

Go for medicals ASAP, take photographs, fill up forms G325A, I-485, Marriage certificate copy, Birth certificate copy, Copy of your passport pages, Copy of your I-94 (front and back),Form I-134 ( affidavit of support) signed by your Husband before Notary and FEE check for your I-485. give it to lawyer so that he can check the forms. YOU need to sign all your Forms with date and also the G28 that lawyer will give it to you for signature. do it fast