Can dependent (EB3) from India still file 485?

[aaifor]

I am from India EB3. Filed I-140/I-485 in Oct 2004. I-140 approved.

IF i get married and bring my spouse can i at least file for her I-485 and then get her EAD?

Or do i have to wait until the EB3 priority date (June 2002?) moves forward?

If I cant file her 485 then I cannot use AC21 to switch....

I know they do not accept primary 485 applications in EB3 for countries (India, Philipines, China) but where does it say clearly that dependents for even already filed 485 applications can no longer file 485 petitions?

Thanks.

 

[tammy2]

I am from India EB3. Filed I-140/I-485 in Oct 2004. I-140 approved.

IF i get married and bring my spouse can i at least file for her I-485 and then get her EAD?

Or do i have to wait until the EB3 priority date (June 2002?) moves forward?

If I cant file her 485 then I cannot use AC21 to switch....

I know they do not accept primary 485 applications in EB3 for countries (India, Philipines, China) but where does it say clearly that dependents for even already filed 485 applications can no longer file 485 petitions?

Thanks.

No you cannot apply for the spouse unless your priority date becomes current.
AC-21 has no relation with this. You can change your job once you meet the conditions set by AC-21. If you want to change your job go for H1 transfer.
To apply for I-1485 she needs to be here at the time applying I-485. To bring her here you need to maintain your H1 status. Otherwise she has go through the CP. Marriage should happen before your GC approval.

 

[aaifor]

Here is the quandry. If i use AC21, i am no longer on H1-B. That implies she is no longer on H4. And of course since priority date is not current, her 485 cant be filed. Can one still file for her EAD so that she is in legal status, even though 485 cannot be filed?

 

[pralay]

Here is the quandry. If i use AC21, i am no longer on H1-B.

If you transfer your H1 to new employer you will be on H1.

Can one still file for her EAD so that she is in legal status, even though 485 cannot be filed?

No, she cannot file for EAD unless she files for I-485. But, having an EAD does not provide any legal status. It's just a work permit.

On the other hand, if she is able to come on H4, but you invoke AC-21 using EAD, she will be out of status. But out of status upto 180 days can be covered using 245(k) provision.

 

[tammy2]

Here is the quandry. If i use AC21, i am no longer on H1-B. That implies she is no longer on H4. And of course since priority date is not current, her 485 cant be filed. Can one still file for her EAD so that she is in legal status, even though 485 cannot be filed?

Can't your new company sponcer H1?

 

[aaifor]

New company can file H1B but that means another 2 years that i lose in my priority date...

 

[ginnu]

New company can file H1B but that means another 2 years that i lose in my priority date...

--who told you that if you trasfer H1 with new employer your PD will be lost?????? PD is the date your LC was filed and the base of that LC approval your I-140 and I-485 is filed. I think you are confused about LCA and LC. LC is for green Card or for future permanent job. LCA is filed with H1 petition. filing H1 trasfer through new employer has nothing to do with your LC PD

 

[aaifor]

For ginnu (and others)

My I-140 is approved and Labor was approved Aug 2004.

If i transfer H1B to new company and start a new GC process, I would of course have to get a new Labor clearance and new I-140.

In that case would i retain my PD from my previous GC application?

 

[eb3_485]

If I send the Application even though my PD is not current. Will the USCIS keep the Fees and return the application or return the fee with the application.

 

[tammy2]

My I-140 is approved and Labor was approved Aug 2004.

If i transfer H1B to new company and start a new GC process, I would of course have to get a new Labor clearance and new I-140.

In that case would i retain my PD from my previous GC application?

You need not restart allover again.
Since your I-140 is approved and you past 180 of I-485 you can use AC-21 and join the new company. You can do H1 transfer. H1 transfer is nothing to do with GC. GC will process will continue.