GINNU please answer

B

babyluck

Registered Users (C)
I'am planning for my wife to use her EAD once it is approved.
In case on later date,, there is some issue with my 140 / 485. I will not be in problem as I plan to stay on H1, but what will be the solution for my wife.
Her EAD will turn invalid immediately and in that case can I file her change of status to H4 using my H1-B visa. And is that all, or she has to go outside country and get it stamped in order to be back on H4 status.

How does EAD to H4 /H1 works for derivative (spouse) of primary 485 applicant ?

Please Please let me know about this .

thanks,
 
babyluck said:
I'am planning for my wife to use her EAD once it is approved.
In case on later date,, there is some issue with my 140 / 485. I will not be in problem as I plan to stay on H1, but what will be the solution for my wife.
Her EAD will turn invalid immediately and in that case can I file her change of status to H4 using my H1-B visa.
And is that all, or she has to go outside country and get it stamped in order to be back on H4 status.
-------------------- she needs to go out of US if H4 visa is valid then she can enter on H4 status . If H4 Visa is expired then she can get H4 visa stamp baed on your H1 if you are on H1 at that time and can enter on H4 status. I dont think you can file COS( Better she should keep valid AP as good back up)

How does EAD to H4 /H1 works for derivative (spouse) of primary 485 applicant ?
--------- if spouse use EAD nothing happen to primary H1 holder status, if H1 holder uses EAD then H4, H1 both are invalid
Please Please let me know about this .

thanks,
Click to expand...
 
Thankyou very much Ginnu.


GINNU, I had one more question regarding AC21

After my 140 approval, I know my attorney will not give 140 approval notice. In that case do we need 140 approval notice while changing job to file AC21.
Can we file AC21 without 140 approval, and also file G28. What I have is just EAC numbers for all filin and 485 notices thats it.

Also mine is labor substitution so don't have original labor approval copy either is that needed to exactly know about job description mentioned in labor, or its ok if we put Sr Software engineer as post with most of the skillsets ?

Please let me know.

thanks,
 
babyluck said:
Thankyou very much Ginnu.


GINNU, I had one more question regarding AC21

After my 140 approval, I know my attorney will not give 140 approval notice. In that case do we need 140 approval notice while changing job to file AC21.
------------ you dont need I-140 approval to change employer or file AC21
Can we file AC21 without 140 approval,
--------- YES, you need I-485 filing reciept copy+ new employer permanent job offer with same/similar job duties+cover letter to request AC21
and also file G28.
---------- if you are filing AC21 through lawyer then you sign G28, if you directly file AC21 then no need of G28
What I have is just EAC numbers for all filin and 485 notices thats it.
-----------if you have I-485 filing reciept that is ok
Also mine is labor substitution so don't have original labor approval copy either is that needed to exactly know about job description mentioned in labor, or its ok if we put Sr Software engineer as post with most of the skillsets ?
--------------- you should know what were the job duties on LC if you remember write same/similar job duties on new employer job offer letter
Please let me know.

thanks,
Click to expand...
 
thankyou GINNU for the reply.

Well, I'am so sory for asking so many questions.

But I had one doubt, and was not sure if this question would be good fit in this thread or counselllor processing thread.

My question is.
My 140/485/EAD/AP is filed with subsitute labor.
I will not get 140 apporval notices.
But if I change my employer and lawyer after 140 approval and 180 days past 485 filing, and ask the new emp/lawyer to go for AC140 (counsellor proc).
In this situation for CP, lawyer needs to send I140 approval to consulate .Which we will not be having.
What we have is copy of 140 notice thats it with EAC number and knowledge that its approved.
How do you suggest to proceed in this particular scenario ?

please answer
thanks,
 
babyluck said:
thankyou GINNU for the reply.

Well, I'am so sory for asking so many questions.

But I had one doubt, and was not sure if this question would be good fit in this thread or counselllor processing thread.

My question is.
My 140/485/EAD/AP is filed with subsitute labor.
I will not get 140 apporval notices.
But if I change my employer and lawyer after 140 approval and 180 days past 485 filing, and ask the new emp/lawyer to go for AC140 (counsellor proc).

--------------NO, AC21 is for I-485 NOT for CP
In this situation for CP, lawyer needs to send I140 approval to consulate .Which we will not be having.
What we have is copy of 140 notice thats it with EAC number and knowledge that its approved.
How do you suggest to proceed in this particular scenario ?
---------------------- NO CP, your I-485 is filed and AC21 is for pending I-485 NOT for CP options
please answer
thanks,
Click to expand...
 
ohh thankyou very much for the information.
So if at all I have to convert 485 to CP I have to stick to same employer, is waht I can understand from this.

Thankyou very much once again.
 
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