GC approved, wife's not, Change job?

D

DPJM

Registered Users (C)
Folks, Pl advise!

I am the primary applicant and my GC was approved last month. I have received my card. My wife's I140 and I485 were filed with me currently. Her I140 has been approved and she has also received EAD and AP. Have not seen any changes on-line for her I485 status. Not sure how long it is going to take. Filed at TX center.

Question: Can I change my job? What happens to my wife's application? Does it continue to get processed or my current employer (where I will quit) will withdraw her application? Do they have right to do so? Is it safe for me to change job without jeopardizing my wife's I485? Please advise…


Thanks!
 
DPJM said:
Folks, Pl advise!

I am the primary applicant and my GC was approved last month. I have received my card. My wife's I140 and I485 were filed with me currently. Her I140 has been approved and she has also received EAD and AP. Have not seen any changes on-line for her I485 status. Not sure how long it is going to take. Filed at TX center.

Question: Can I change my job? What happens to my wife's application? Does it continue to get processed or my current employer (where I will quit) will withdraw her application? Do they have right to do so? Is it safe for me to change job without jeopardizing my wife's I485? Please advise…


Thanks!
Click to expand...

Your current employer cannot "withdraw" your wife's AOS, nor yours, for that matter if it was pending. You own your 485, not your employer, even if they pay for it.
 
got 485 approval, now called for fingerprinting, how to marry indian citizen now?

Hi All,
My company gave me an H1-B visa and had filed I140 and 485 together sometime back. I got 140 appoved in March 2005 and I got approval on 485 (i.e approval for GC). Now they have called me for fingerprinting which I have to get done in 84 days.

Now my questions are:
1. What visa status am I now on H1-B or GC?
1 Can I marry my g/f in India b4 i go for fingerpriting?
2. or get her here on F1 visa and marry her in US, then include her on my GC (which paper work/documents have to be filed ?)

3. Can the date of fingerprinting be extended by filing some form?

After this I can go get the finger printing done - is that possible?

someone reply ASAP.
thanks in advance
 
takeiteasy100 said:
Hi All,
Now my questions are:
1. What visa status am I now on H1-B or GC?
1 Can I marry my g/f in India b4 i go for fingerpriting?
2. or get her here on F1 visa and marry her in US, then include her on my GC (which paper work/documents have to be filed ?)

3. Can the date of fingerprinting be extended by filing some form?

After this I can go get the finger printing done - is that possible?

someone reply ASAP.
thanks in advance
Click to expand...

Boy, thats a tough one. You are a permanent resident now. Fingerprinting has nothing to do with your status. As soon as your 485 is approved, you are officially a "GC Holder". Is your GF in US or in India? If she is in India, she is going to have a hard time getting F1 AFTER marriage. You need to explore getting H1 for her. Or, she can come here on F1 and than marry you here "after a respectable time", though this advice is fraught with peril(USCIS can accuse you of immigration fraud).
 
takeiteasy100 said:
Hi All,
My company gave me an H1-B visa and had filed I140 and 485 together sometime back. I got 140 appoved in March 2005 and I got approval on 485 (i.e approval for GC). Now they have called me for fingerprinting which I have to get done in 84 days.

Now my questions are:
1. What visa status am I now on H1-B or GC?
1 Can I marry my g/f in India b4 i go for fingerpriting?
2. or get her here on F1 visa and marry her in US, then include her on my GC (which paper work/documents have to be filed ?)

3. Can the date of fingerprinting be extended by filing some form?

After this I can go get the finger printing done - is that possible?

someone reply ASAP.
thanks in advance
Click to expand...

1. Status: GC
2. U can bring her on F1/H1 then file for GC. Marriage at this time could complicate things - do consult a lawyer.
3. Yes. not sure how that would help u. Again talk 2 a lawyer.
 
jllag1 said:
Your current employer cannot "withdraw" your wife's AOS, nor yours, for that matter if it was pending. You own your 485, not your employer, even if they pay for it.
Click to expand...

jllag1, A few more questions, see if you can help.

1. When my wife's current EAD/AP expires in a year and if 485 is till pending then how I can file for new EAD for her? Do I need to get external lawyer or I can fine on my won? How?

2. I know GC card gets sent to my home from INS so that is not a issue, but 485 approval notice gets sent to the laywer (which in this case my current company laywer). Anything I can do?
 
In the same boat, please advise

My GC (primary) EB2 just got approved recently and my wife's is still pending and will probably be affected by retrogression and wait in line for another couple of years.

Say I change to another job during this time, what happens to her pending I485. Will the case get adjudicated once the priority date gets current. And how to file for EAD and AP etc.

Greatly appreciated.
 
expio said:
My GC (primary) EB2 just got approved recently and my wife's is still pending and will probably be affected by retrogression and wait in line for another couple of years.

Say I change to another job during this time, what happens to her pending I485. Will the case get adjudicated once the priority date gets current. And how to file for EAD and AP etc.

Greatly appreciated.
Click to expand...

You and I are in exact same situation. Are u sure retrogression would affect dependent's application when primary is approved? Where can we confirm this?
 
DPJM,

I am pretty sure about this:
1. the I-485 procedure online (big pdf file available from this forum) says that the visa number must be immediately available in order to adjudicate a case, it does not mention whether it's primary or dependent.
2. FAQ in the retrogression (also from this forum) says it for sure will affect dependent case since very case needs an visa number.

Let's pray and hope we can still move and apply for EAD during the potential very very long waiting time.

Best,


DPJM said:
You and I are in exact same situation. Are u sure retrogression would affect dependent's application when primary is approved? Where can we confirm this?
Click to expand...
 
expio said:
DPJM,

I am pretty sure about this:
1. the I-485 procedure online (big pdf file available from this forum) says that the visa number must be immediately available in order to adjudicate a case, it does not mention whether it's primary or dependent.
2. FAQ in the retrogression (also from this forum) says it for sure will affect dependent case since very case needs an visa number.

Let's pray and hope we can still move and apply for EAD during the potential very very long waiting time.

Best,
Click to expand...

Expio, Where can I find this PDF file. Do you have a link to get there? Also I am planning to consult an external lawyer on this. Let's see what he says. I do not see getting an EAD as issue. My wife already got EAD/AP and started a new job on this. Just ask the lawyer to apply for EAD and u will get it in a month or so.
 
It's somewhere there in the forum. Or if you prefer, give me ur email address and I will email it to you.

We have EAD and AP for my wife, just not sure what if after long time I change job?

If you could keep us updated with what the laywer says, that would be great.

thanks!

DPJM said:
Expio, Where can I find this PDF file. Do you have a link to get there? Also I am planning to consult an external lawyer on this. Let's see what he says. I do not see getting an EAD as issue. My wife already got EAD/AP and started a new job on this. Just ask the lawyer to apply for EAD and u will get it in a month or so.
Click to expand...
 
expio said:
It's somewhere there in the forum. Or if you prefer, give me ur email address and I will email it to you.

We have EAD and AP for my wife, just not sure what if after long time I change job?

If you could keep us updated with what the laywer says, that would be great.

thanks!
Click to expand...


R u ready to split the laywer fees?
 
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