derivate/spouse GC

G

grg2005

Registered Users (C)
gurus need help and suggestion based on your experience...
I got my employment based GC in Oct'04(ND May'03). My wife's I485 was filed in June'04 and is still pending (no FP yet)...
I want to quit my job as my company sucks..but before I do that I want to make sure I don't have any dependencies in any way on my current company and I don't end up harming my wife's I485 case...I have already hanged to my company for 5 years..so I am getting a little impatient..
I never got a copy of I-140 approval from my emp.. I don't even know my I-140#..so my doubt is that..can INS at any stage till my wife GC's approval ask for I-140's copy or I-140#...
secondly how can I make sure that in future INS sends all original letters like approval notices, RFEs etc to me instead of my employer's lawyer who represented my case so far....
thirdly when I quit, can my company do something to jeopardise my wife's case..I can expect anything from them..
so in nut shell are there any risks involved at all in quitting my company in the current circumstances..
 
grg2005 said:
gcan INS at any stage till my wife GC's approval ask for I-140's copy or I-140#...
Click to expand...

All that matters for your wife is that a) you are a PR, b) you were married before you became a PR, and c) the marriage is genuine.

thirdly when I quit, can my company do something to jeopardise my wife's case..I can expect anything from them..
Click to expand...

No, but if you quit 90 days after getting your GC your company might complain to USCIS about you. "How soon to leave your employer after I-485 approval" is a subject much argued here. ;)
 
grg2005,

I agree with what the RealCanadian is saying in your case. In general, in rading these forums, I have gathered there is a 30-60-90 day rule depending how aggressive or conservative your position in deciding how many days do u stick around after your gc approval. if u get laid off (severance package)...thats a whole different situation.

you mentioned that your wife's 485 was applied in 6/04....can u tell me with which service center? also, based on ur research, is there a pattern/trend to know after how long they might approve a derivative case once primary has been approved?

I just got my 485 approved on 1/20/05 and my ND is 11/03. I had added my spouse to my 485 application on 9/04.

thanks.
 
grg2005 said:
gurus need help and suggestion based on your experience...
I got my employment based GC in Oct'04(ND May'03). My wife's I485 was filed in June'04 and is still pending (no FP yet)...
I want to quit my job as my company sucks..but before I do that I want to make sure I don't have any dependencies in any way on my current company and I don't end up harming my wife's I485 case...I have already hanged to my company for 5 years..so I am getting a little impatient..
I never got a copy of I-140 approval from my emp.. I don't even know my I-140#..so my doubt is that..can INS at any stage till my wife GC's approval ask for I-140's copy or I-140#...
secondly how can I make sure that in future INS sends all original letters like approval notices, RFEs etc to me instead of my employer's lawyer who represented my case so far....

------ your wife need to write a letter to USCIS where her I-485 is pending with copy of I-485 filing reciept, her name, A# DOB, address and she need to inform that Lawyer XYZ ino more represents her I-485 and form G28 singed by her should be revoked and all the future communication from USCIS should be sent directly to her on address..... (letter should be sent by certifed return reciept and out side the envelope write in big bold letter : Please revoke the form G28 filed with pending I-485 OR hire new lawyer she should fill up new G28 form and let the lawyer inform USCIS that he represent her for her all immigration matters.thirdly when I quit, can my company do something to jeopardise my wife's case..I can expect anything from them..
so in nut shell are there any risks involved at all in quitting my company in the current circumstances..
Click to expand...
 
thanks everyone for the your replies..

parytx,
My case is from VSC.. based on my research the dependents 485 takes as much time as the primary applicant case. If they are filed together they are approved more or less at the same time..otherwise if spouse's case is filed after say x months delay then most likely it will be approved x months after the primary's 485 approval.

ginnu,
do you know from anyone else's experiences if revoking G-28 triggers RFE....does it put any doubts in the minds USCIS folks...
 
grg2005 & all.. same here..

My 485 was filed in 7/02 and approved in 9/04. I got married in 5/04 and my wife's case was filed only in 8/04 and so far there is no FP1 yet. Here EAD and AP were approved in 10/04.

Now I am contemplating a job change..I have been with my employer for > 6 years and they suck big time. I am seeing people getting raises (and greater % share) but my pay has not changed much..infact fell back from 2000 level.

We need to track all issues faced by people in this situation.
If anybody changed employer in this situation please post here.

Thanks

SKumar
 
skumar2003,
strange coincidence that most of our dates are identical. anyways..I am getting the impression from reading the forums that we should be pretty safe in leaving the employer now...some people say that we should not leave before 6 months after getting GC but I don't think that is that big a deal..
What I really want to find out for sure is if I-140 copy of primary applicant is required when filing I-485 of spouse. If not then USCIS should never ask for that from us..I don't have I-140 approval copy or even the #..so I was wondering if USCIS can issue RFE asking for things like I-140 for which I am still dependent on my current company...
 
u dont need the 140 of the primary when u apply for 485 of derivatives. dont take my word for it and check with a lawyer since USCIS is erratic and no one knows what RFE they may issue even though it doesnt make sense.

good luck
 
grg2005,

I don't think CIS would ask for I-140 to approve the dependent's case. Based on the I-140 they approved your I-485. As long as the CIS knows you are primary and your Emp based GC is already approved they would focus on legality of marriage. i.e the marriage is genuine (no fraud), living together,etc.

I've scanned murthy, khanna, immihelp sites and there is no unanimity on when primary is allowed to switch jobs after GC. However I have not heard of someone getting into trouble because of this..but that could be because the CIS never came to know about job change.

Regarding I-140..the employer will die rather than give out I-140 to us.
My first RFE was for H1 approvals (not 100% sure..but my company lawyer took it from me to answer the RFE).

Why the hell would ann organization that issued the approvals want to see it again. They should be having it in their own systems.
This explains the inefficiency of CIS.

SKumar.
 
NSC sucks!

My friend & family received their plastic cards within 4 weeks of stamping.
Also their cases took about 1 year 3 months to be approved by VSC.

grg2005 et al.

Have any of you changed job ? Also in '02 I got FP 2 months after I filed 485 ..but my wife hasn't received FP notice yet. Any idea what may be going on.

Thanks

SKumar
 
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