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TooMuchWorried

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Gurus! Please help me.

My I-140 is pending and visa dates are current, but my wife and daughter are in India unable to come before 31st July. What should I do?

Can I file for me now and later on for them when they arrive (what happens if visa dates are not current at that time)? Would they face any re-entry problem with their H4 visa? Is it wise to convert to premium for I-240 now?

Thank you in advance,
 
I am exactly in the same situation.

Option #1: You can file for yourself and upon your family's return they can interfile with your application. This is possible only if your I-485 receipt notice is received and PD remains current. It is possible that PD for India will retrogress very soon. Please wait for the August Visa bulletin (published around July 12 to 15).
Option #2: Bring your family back in the U.S. by mid July. Get a medical test appointment etc in advance. Apply I-485 together, before July 31.
 
Hey guys - I do not know the answer to your questions but have a questions myself . My PD is March 2006 and as you know can apply for 485 . I am confused as I do not know many rules about immigration .when you wrote above that:

You can file for yourself and upon your family's return they can interfile with your application. This is possible only if your I-485 receipt notice is received and PD remains current. It is possible that PD for India will retrogress very soon. Please wait for the August Visa bulletin (published around July 12 to 15).


What does that mean? Do you mean if PD for India will retrogress soon then , people like me who have PD March 2006 should apply for 485 before the next bulletin comes out so that I can get my AP and EAD . OR it does not matter – In case I apply for 485 in beginning of July and if the PD for India will retrogress ( say march 2004) in August 2007 ,then no matter when I applied my 485 – I will not be eligible for EAD ? –

Please answer. I will appreciate your reply.
 
PD is current for July, means you can apply for I-485, EAD, AP etc from July 1 to July 31. Even is the priority dates retrogress in August, you can still work on EAD etc.
 
I need some more clarification. Can it happen that if I do not apply for 485 in July and the dates retrogress to say (March 2005 )in the visa bulletin in august 2007, then I will not be able to apply for EAD and AP?

All I am trying to figure out is if I should push my Company’s attorneys so apply for 485 ASAP or I can let him work at a slow pace. Can it happen that if the dates retrogress in August then I wont be able to apply for AP and EAD .
 
If you do not apply for I-485 in July and PD retrogress in August, you wont be able to apply for EAD, AP etc. If I were you, I would ask my employer's legal department to file I-485 (along with EAD, AP) in July itself.
 
Need Very Urgent Info

I am in the same situation,

I have few questions too,

1) If I file my I-485 on July 1 2007 and plan to file my wife's I-485 say by end of July, is it a must to have I-485 receipt notice or number in order for my wife to file I-485, because I feel it will take a lot of time to get receipt number considering the number of cases.

2) If I file I-485 and if PD goes to retrogression when my family is back and they cannot file I-485, what happens to their H4 status.


Please advise

manwithnoname said:
I am exactly in the same situation.

Option #1: You can file for yourself and upon your family's return they can interfile with your application. This is possible only if your I-485 receipt notice is received and PD remains current. It is possible that PD for India will retrogress very soon. Please wait for the August Visa bulletin (published around July 12 to 15).
Option #2: Bring your family back in the U.S. by mid July. Get a medical test appointment etc in advance. Apply I-485 together, before July 31.
Click to expand...
 
Family In India

I am in the same situation. My family is in India and I am also trying to find out the best way to apply for I-485. I got medical done for my family when they are here. Can I apply for them eventhough they are not here?

Any suggestions?
 
different opinions

I asked my lawyer and she confused me even further.

Basically she advised me to file for my I-485 and then file for my wife and daughter later on when they arrive. They can apply even in case of retrogression since priority date matters only for the principal applicant.

She did not mention about waiting to get any receipt number or anything. When I asked further, she simply re-iterated the same thing: apply for me now and later on for the family when they arrive.

When I checked discussion boards/forums, every where it is said that family can not apply later on if visa dates retrogress.

So this is a big confusion. Does anyone know any further? If so, please share it here as it will be a great help to countless people whose families are on summer vacation overseas.

Thanks in advance..
 
TooMuchWorried said:
I asked my lawyer and she confused me even further.

Basically she advised me to file for my I-485 and then file for my wife and daughter later on when they arrive. They can apply even in case of retrogression since priority date matters only for the principal applicant.
Click to expand...
Fire your lawyer immediately. If you don't want to here from this board - find another lawyer.
Manwithnoname answer is exactly correct.
 
TooMuchWorried said:
I asked my lawyer and she confused me even further.

Basically she advised me to file for my I-485 and then file for my wife and daughter later on when they arrive. They can apply even in case of retrogression since priority date matters only for the principal applicant.

She did not mention about waiting to get any receipt number or anything. When I asked further, she simply re-iterated the same thing: apply for me now and later on for the family when they arrive.

When I checked discussion boards/forums, every where it is said that family can not apply later on if visa dates retrogress.

So this is a big confusion. Does anyone know any further? If so, please share it here as it will be a great help to countless people whose families are on summer vacation overseas.

Thanks in advance..
Click to expand...

This is my confusion too!!-although it is well known that one cannot file derivative I-485 till PD of primary is current,I still have seen many people doing it-in fact one of my friends said he did it.
What is this-does that mean that this is a grey area and attorneys interpret differently?
 
everonh1 said:
This is my confusion too!!-although it is well known that one cannot file derivative I-485 till PD of primary is current,I still have seen many people doing it-in fact one of my friends said he did it.
What is this-does that mean that this is a grey area and attorneys interpret differently?
Click to expand...
It's not grey area. There is still a chance that USCIS approves such case in an error. I would say it's about 1%. 99% is that case will be denied later.
 
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