Can Anyone Please Advice Me!!

S

Sahil7

Registered Users (C)
Hi Gurus,

Advice for 485 processing!!

I have got approval for my I-140, My Lawyer is
suggesting me to apply for I-485, but my wife is in India right now, Can I apply for my I-485 and later when my wife arrive to US I can apply for her I-485 seperately, OR as she is comming on May 2nd week,I should wait for her and apply I-485 together. Also I heared that I have to be on Job for atleast 180 days after applying I-485, Unfortunately my contract is expiring on Sep 30th so I have <180 days left. Please advice what should I do in this situation..And Also I am in 7th year of my H1-B.
 
if there was no issue with your job situation, i would have said that you could apply for both your wife and yourself together, because she is coming back in about three weeks time anyway. however, given your job situation, time may be of essence.

your job situation needs more attention: first of all, you must understand the 180 day rule, also known as AC-21 rule: it does not say that you have to be in a job for more than 180 days, what it says is: if your i485 has remained unadjudicated for > 180 days, the you can switch jobs without any adverse effect on your i485 as long as the new job matches the old job in title and duties, and for which your Labor Certification was approved.

however, for your i485 to be approved, you must either have a job, or must have a genuine offer of permanent employment which meet the conditions of your labor certification.

for you, the significance of that is: start looking for a job right away that matches your current job title and duties. this job can be anywhere in the US. once you find it, you could switch to it either by filing an H1 transfer application, or, if you have an approved EAD on the basis of your i485.

as for the timing of your switch, that will depend on the situation: if your new employer gives you a joining date around the end date of your current job, that's the best; however, if your new employer wants you on board immediately and will support your i485, then you could switch right away. you don't have to stay with your current employer for over 180 days to switch. why this is so? since it is taking much more than 180 days for i485 cases to be adjudicated, you are covered even if you switched jobs after 1 day. however, if the case comes up for adjudication BEFORE 180 days (highly unlikely), you would be in trouble. it is for this reason why most people remain in the first job for 180 days before switching, and is the recommended course of action. however, if you are going to be laid off, then you have no choice. in this case, AC-21 still gives you a ray of hope.

i hope the above was clear. please feel free to ask more questions about any specific part of the above if you want.

good luck!
 
Advice for 485 processing!!

hi Pork Chop,
Thanks for the reply. Just confused here. So can I go ahead and apply my I-485 and when my wife comes back from india I can file her I-485, right? I hope this will not make her case different from mine.

And one more thing if in case I lose my job <180 days of filling and can be unemployed for say 1 year and got the other job and i get my interview or FRE after that, will I still get my GC. (as the processing time is 1 1/2 years for I-485)

Please reply! Thanks once again.
 
Thanks for the reply. Just confused here. So can I go ahead and apply my I-485 and when my wife comes back from india I can file her I-485, right? I hope this will not make her case different from mine.

ideally, you really should apply together. it lessens the chances of marriage-related RFE's. please understand that i am not advising you to do one thing or the other; my best recommendation is: go with the advice of your lawyer in this regard. if you have not discussed this with him, do so.


And one more thing if in case I lose my job <180 days of filling and can be unemployed for say 1 year and got the other job and i get my interview or FRE after that, will I still get my GC. (as the processing time is 1 1/2 years for I-485)


theoretically, yes. the condition for GC approval is that at the time of adjudication or RFE, you should either have a job, or a firm offer of a job from a u.s. employer, matching the job title and description in your labor certification.

i say "theoretically", because everyone will tell you that BCIS still has not come out with clear indications on how it interprets the AC-21 law. therefore, one should always take the most conservative option available, which are in order: 1) stay with the same job throught while your i485 is pending. if not possible, then 2) switch to new job only after 180 days. only if both the above are not possible, then switch when you have to; in this case, you have no other choice. what the AC-21 now gives you is hope that your i485 will remain alive, whereas pre-AC-21, that meant the end of i485.

you obviously cannot control the length of unemployed time, if any, between jobs. what you could do, and should do, is employ the services of a good and qualified immigration attorney, well-versed in AC-21 and, if possible, with a track record of AC-21 approvals, who will argue your case with the BCIS officer adjudicating your case if that officer's view of AC-21 law is "different".

good luck!
 
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