EAD/GC for J2 dependents

M

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Registered Users (C)
Hello,

Please comment on the following scenarios:

J1 gets waiver and start working on H1 and applies for Perm and then I-140. I-140 is approved. Does not apply for COS.

1) Will J2 get EAD after I-140 is approved?
2) If yes, is it wise for J2 to use EAD before 3 years are up? Or J2 will be slapped by 2 year HRR if J2 uses EAD??

What other possibilty for J2 to get EAD other than getting H1 on its own?

Can J2 dependent get GC on its own before 3 years are up?

Thanks,
 
> 1) Will J2 get EAD after I-140 is approved?

Once J1-->H1 J2-->H4 (be sure to file that. if you don't, you spouse is in deep s#(*&)

H4 can get EAD after I140 is filed through concurrent filing of I485. I140 doesn't have to be approved yet, pending is enough. Only catch: If I140 is denied, the EAD and the H4s status become invalidated without warning. Now, I140s rarely get denied without a prior 'request for additional evidence' (giving you a 3 month warning), but it can happen (usually by accident).

> 2) If yes, is it wise for J2 to use EAD before 3 years are up?
> Or J2 will be slapped by 2 year HRR if J2 uses EAD??

J2s HRR is tied to J1 fulfilling his waiver. There is no separate HRR.

> What other possibilty for J2 to get EAD other than
> getting H1 on its own?

If the primary H1 files an I140 NIW, the dependent H4 can get an EAD through I485 filing.

> Can J2 dependent get GC on its own before 3 years are up?

I believe so. It seemed odd to me when I heard it, but apparently the prohibition on getting a GC before the 3 years does not apply.
 
--> Please see my added q's

H4 can get EAD after I140 is filed through concurrent filing of I485. I140 doesn't have to be approved yet, pending is enough. Only catch: If I140 is denied, the EAD and the H4s status become invalidated without warning. Now, I140s rarely get denied without a prior 'request for additional evidence' (giving you a 3 month warning), but it can happen (usually by accident).

--> That is the catch. I don't want apply for I485 as might get processed before three years are up and then this will cause problems.
--> If I plan for CP, how would EAD work then?

> 2) If yes, is it wise for J2 to use EAD before 3 years are up?
> Or J2 will be slapped by 2 year HRR if J2 uses EAD??

J2s HRR is tied to J1 fulfilling his waiver. There is no separate HRR.

--> I thought J2 is also slapped with 2 year HRR once entered on J2.

> Can J2 dependent get GC on its own before 3 years are up?

I believe so. It seemed odd to me when I heard it, but apparently the prohibition on getting a GC before the 3 years does not apply.

--> How would this technically work? J2->H4->Maybe H1 or straight PERM->I140->CP->GC..... what happens to J1 now H1? Or can J2s get GC and J1 now H1 stays on H1 for three years or remainder of waiver time left?

Thanks,
 
> That is the catch. I don't want apply for I485 as might get
> processed before three years are up and then this will cause
> problems.

The primary (J1) indeed CANNOT apply for AOS before the 3 years are up. The dependent however can file AOS/EAD once the I140 is filed. And apparently, this AOS can be processed even before the 3 years are up (don't know if they approve it before 3 years are up)

> If I plan for CP, how would EAD work then?

If you plan on CP, you can't get an EAD as this is tied to the AOS application. I don't know whether the primary could do CP and a dependent AOS.

> I thought J2 is also slapped with 2 year HRR once entered on J2.

Sort of. The J2 has the HRR, but the HRR disappears as long as the primary J1 is serving his sentence. If the primary jumps his waiver jail, the J2/H4 dependent gets her HRR back.
Doesn't make ANY sense, but from reading many comments by attorneys and some people who did this here on the BB this seems to be how it goes.

> How would this technically work? J2->H4->Maybe H1

Possible. If the dependent finds his/her own H1 sponsor.

> or straight PERM->I140->CP->GC

If the dependent does CP, there is no EAD involved. You wait until the I140 is approved and then you go through the national visa center and the home consulate.

> ..... what happens to J1 now H1?

Has to serve out his sentence. 3 year 1 day, J1 can file AOS. Or, 3 years minus 3 months applies for visa# and immigrant interview at home consulate. 3 year 1 day goes to visa interview, gets visa, becomes permanent resident once foot touches the hallowed US soil.

> Or can J2s get GC and J1 now H1 stays on H1 for three years or
> remainder of waiver time left?

I am not sure whether the dependents can actually get the card before the 3 years are up. They can apply and get the processing done. ( CIS might hold the application until the primary has fulfilled his sentence, but I don't know that for a fact).

The main advantage the dependent has over the primary is that they can take whatever job they want. Either through H1b or through EAD if there is a pending I140. I don't believe that the dependents get their GC earlier.

Remember: Everything I tell you here about this part of the process is hearsay, partly from people who posted similar stories here. Check out the posts by 'hashitoxicosis'. I believe he is in that process right now.
 
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Thanks hadron,

1) So, only I-140 has to be pending or approved for J2 to get EAD. So, J1 will not apply for I-485 until getting closer to 3 years or do CP after 3 years.

2) If J2 gets I-140 approved, I guess J2 has to mention J1 on his application.

3) Is GC issued to whole family at the same time. Or J2 can go ahead and get CP done and J1 can go after three years are up?

Thank you very much,


hadron said:
> That is the catch. I don't want apply for I485 as might get
> processed before three years are up and then this will cause
> problems.

The primary (J1) indeed CANNOT apply for AOS before the 3 years are up. The dependent however can file AOS/EAD once the I140 is filed. And apparently, this AOS can be processed even before the 3 years are up (don't know if they approve it before 3 years are up)

> If I plan for CP, how would EAD work then?

If you plan on CP, you can't get an EAD as this is tied to the AOS application. I don't know whether the primary could do CP and a dependent AOS.

> I thought J2 is also slapped with 2 year HRR once entered on J2.

Sort of. The J2 has the HRR, but the HRR disappears as long as the primary J1 is serving his sentence. If the primary jumps his waiver jail, the J2/H4 dependent gets her HRR back.
Doesn't make ANY sense, but from reading many comments by attorneys and some people who did this here on the BB this seems to be how it goes.

> How would this technically work? J2->H4->Maybe H1

Possible. If the dependent finds his/her own H1 sponsor.

> or straight PERM->I140->CP->GC

If the dependent does CP, there is no EAD involved. You wait until the I140 is approved and then you go through the national visa center and the home consulate.

> ..... what happens to J1 now H1?

Has to serve out his sentence. 3 year 1 day, J1 can file AOS. Or, 3 years minus 3 months applies for visa# and immigrant interview at home consulate. 3 year 1 day goes to visa interview, gets visa, becomes permanent resident once foot touches the hallowed US soil.

> Or can J2s get GC and J1 now H1 stays on H1 for three years or
> remainder of waiver time left?

I am not sure whether the dependents can actually get the card before the 3 years are up. They can apply and get the processing done. ( CIS might hold the application until the primary has fulfilled his sentence, but I don't know that for a fact).

The main advantage the dependent has over the primary is that they can take whatever job they want. Either through H1b or through EAD if there is a pending I140. I don't believe that the dependents get their GC earlier.

Remember: Everything I tell you here about this part of the process is hearsay, partly from people who posted similar stories here. Check out the posts by 'hashitoxicosis'. I believe he is in that process right now.
Click to expand...
 
> 1) So, only I-140 has to be pending or approved for J2 to get
> EAD.

Yes, and J2/H4 has to file I485 concurrently.

> So, J1 will not apply for I-485 until getting closer to 3
> years or do CP after 3 years.

J1/H1bwaiver can only file I485 3 year + 1 day after starting waiver. Otherwise waiver gets revoked and J1 has to start another 3 year period. Apparently you can file for CP earlier but have to time your interview 3 year + 1 day after start of waiver.

> 2) If J2 gets I-140 approved, I guess J2 has to mention J1 on
> his application.

You mean an I140 separate from the J1, through his/her own employment ? Yes.

> 3) Is GC issued to whole family at the same time. Or J2
> can go ahead and get CP done and J1 can go after
> three years are up?

Normal scenario in theory (non waiver normal employee)
beneficiary
dependent1
dependent2
file I140 and 3 I485s at the same time. The file stays together. Once the I140 comes up, the adjudicating officer approves the I140. Then he checks whether everybodys fingerprints and security checks have panned out. If everything is set, I140 and 3 I485s get approved in one batch.
In reality, often the I485s get approved a bit staggered. Sometimes the dependents before the beneficiary and vice versa.

As for the waiver scenario: I believe that this is possible in the way you describe it, but I am not sure whether that can be done in reality. Please, don't take my word for it. It would seem so bizarre.
 
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EAD/GC through timeline thought PERM (non NIW)

Thanks so much hadron.

I'll summarize the whole process for everyone so that they donot have go through the whole thread. If you find something missing or incorrect, please copy and paste whole post and edit correction/clarifications there and I'll remove this note later...


Here it goes:

Scenario 1 (J1 as primary):

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or soon after: Start PERM (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 beniciaries(Not for J1)
3a) 6 months after I-140/I-485 is filed, J2 beneficiaries can apply for EAD? Probably I-485 will not appoved because J1's I-485 is not submitted. (Form I don't know; I don't know how long it takes to get EAD?)
4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.
5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.


Scenario 2 (through J2 as primary)

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or later: Start PERM for J2 (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 beniciaries(Not for J1)
3a) 6 months after I-140/I-485 if filed, J2 beneficiaries can apply for EAD? (Form I don't know; I don't know how long it takes to get EAD?)

OR instead of 3 and 3a, Apply for I-140 and schedule CP for all the J2s not J1.

4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.

5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.


Scenario 3 (J1 and J2 primaries)

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or later: Start PERM for J1 and J2 saparately (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 primary and J2 beniciaries(Not for J1)
3a) 6 months after I-140/I-485 if filed, J2 beneficiaries can apply for EAD? (Form I don't know; I don't know how long it takes to get EAD?)

OR instead of 3 and 3a, Apply for I-140 and schedule CP for all the J2 primary and J2 beneficiaries (Not j1 beneficiary)

4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.
This could be for as J1 primary if J1's I-140 if approved. Or as primary J2's benficiary.
5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.
 
J1 waiver to GC procedure

m_img said:
.... I'll summarize the whole process for everyone so that they donot have go through the whole thread. ...
Click to expand...

Scenario 1 (J1 as primary):

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or soon after: Start PERM (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 beniciaries (Not for J1
>>>> Wrong. To apply for dependent I-485 (aka derivative I-485) you need to have applied I-485 for the primary also.

3a) 6 months after I-140/I-485 is filed, J2 beneficiaries can apply for EAD?
>>>> Why wait 6 months? you may apply anytime. infact you should apply with I-485.

Probably I-485 will not appoved because J1's I-485 is not submitted. (Form I don't know; I don't know how long it takes to get EAD?)
>>>> you may not apply for dependent I-485, unless the primary has filed I-485. dependent I-485 is based upon primary's I-485. once filed, since the derivative I-485 is based upon primary's work in an underserved area, so it will not be approved before end of 3 years.
(however if J1 obtains a waiver and J2 also gets the approval, and J2 (now H4) submits an I-485 independent of J1 (now H1)'s work in underserved area, then this I-485 of H4 can be approved before expiry of 3 years of waiver job by the principal J1 - nowH1)
Form for EAD is I-765 and it takes about 2 months for approval

4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.
>>>> wrong. you do not schedule for CP. you have to do the paperwork that takes about 5 months AFTER approval of I-140. All this process can be completed before end of 3 years of waiver job. OR

--- submit I-485 on 3 years + 1st day of H1B waiver job, if
* I-485 is based on employment based (EB2) category OR
* I-485 is based upon family sponsored category
* I-485 is based upon EB2 NIW (not the EB2 NIW Physician work in underserved area)
OR
--- submit I-485 before end of 3 years of H1B waiver job, if
* I-485 is based upon EB2 NIW Physician work in underserved area

for all these 4 categories, you need to have an approved I-140.

5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.
>>>>Why wait 6 months to apply for EAD. you may apply for it on day 1. But u should not use it. and Do not change jobs before end of waiver job 3 years.


Scenario 2 (through J2 as primary)

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or later: Start PERM for J2 (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 beniciaries(Not for J1)
3a) 6 months after I-140/I-485 if filed, J2 beneficiaries can apply for EAD? (Form I don't know; I don't know how long it takes to get EAD?)

>>>> again. why 6 months? u seem to like the number 6 :D
you may do it on day 1 when u apply for I-485. EAD takes about 2 months. I-765 is the form.

OR instead of 3 and 3a, Apply for I-140 and schedule CP for all the J2s not J1.

4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.

>>>> all this process is assuming that J2 (now H4) is being sponsored by an independent employer who will employ the H4 after getting the GC.

5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.
>>>>again, no need of 6 months :D

Scenario 3 (J1 and J2 primaries)

1) Day 1 - Start J1 waiver job on H1B
2) Day 2 or later: Start PERM for J1 and J2 saparately (Follow PERM rules)
3) After PERM approval: Apply for I-140 and I-485 for all J2 primary and J2 beniciaries(Not for J1)
3a) 6 months after I-140/I-485 if filed, J2 beneficiaries can apply for EAD? (Form I don't know; I don't know how long it takes to get EAD?)

OR instead of 3 and 3a, Apply for I-140 and schedule CP for all the J2 primary and J2 beneficiaries (Not j1 beneficiary)

4) Before 3 years of H1B are up schedule for CP for J1 just after the three year anniversary of h1b.... OR
Submit I-485 on 3 year+1st day of H1B.
This could be for as J1 primary if J1's I-140 if approved. Or as primary J2's benficiary.
5) After 6 months of application of I-485 for J1, J1 can apply for EAD. And I understand after receiving EAD, you can change jobs.
>>>> I am already lost in your permutations and combinations :D
summary is in the first reply. :cool: .
 
GC through PERM not NIW

Thanks J1victim for comments and patience with the lengthy note. Your comments are taken with great appreciation :)

J1victim said:
>>>> Why wait 6 months? you may apply anytime. infact you should apply with I-485.
Click to expand...

-> I read it in the forums here that you can only apply for I-765 only after I-485 is pending for 6 months. I guess you can apply I-140+I-485+I-765 together.

J1victim said:
>>>> you may apply for it on day 1. But u should not use it. and Do not change jobs before end of waiver job 3 years.
Click to expand...

-> Clarification please.... if you're applying for I-485 after 3years + 1st day... it is already past 3 years.... Can you then use EAD? And when can you change jobs after filing for I-485 in this scenario.

What I gather from your comments is that J2(H4) can get GC before 3 years are up if somone is sponsoring J2(H4) for future Job? And the J1/H1 can get GC after 3 years on H1 either as
a) derivative of sponsorship of J2(H4) or
b) though J1/H1's own sponsorship?

Having said that, do you see any complications in a) or b) above. Which one is preferable, if there is a choice?
 
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