HELP!! AC21, EB3, Spouse Addition, her & mine GC & normal US stay Status

S

SirZKaGC

Registered Users (C)

My Current Status:
I am working on H1B & am left with 9 months to complete my 6yrs.
I have concurrently filed my I140, I485 using substitution of Labor (LC Filed May 03 & approved Oct 03) in EB3 (priority date of later half of 2003).
Currently am holding approved I140, EAD & AP.
I am going to complete 6months after I140 approval in few weeks making me eligible to use AC21.

I have recently got married & my spouse is yet to join me on H4 visa (expected in 2-3 months based on the consulate appointment date).

Now situation of my job is getting unstable & I may need to look out for new one.

I have few question related my & my spouse’s Green card application status & my spouse US stay status:

Question on My Greencard application:
· Can I change my job on H1B to a new employer with no effect on my I 485 application?


Question on My Spouse’s Greencard application:
· Since Mine is EB3 category. Since my I485 is already filed can I file My Spouse’s I485, EAD, AP the day she arrives in US?
· Since we cannot get 100% match on job profile as specified in LC if I change my job, so how safe is it if I move on H1B to another employer before filing My Spouse’s I485, EAD, AP with current employer?
· What is the suggestion for question 2 if move on EAD?


Question on My Spouse’s valid stay in US:
· If I need to move on EAD before her H4B filing can she still go ahead with her H4B stamping?
· If I need to move on EAD after she joining me in US on H4B. Since I will not be on H1B will her H4B be valid for her stay in US?

General Question:
· One of my friend suggested me to file My Spouse’s I485, EAD, AP the day she arrives in US & wait till I get her EAD & AP approved & then move over to new company. How good is this approach?
Catch is how early can I file her I485 since mine is EB3 category! & Even if I can file it the moment she joins me then also I may need to wait for 6 months & I may go out of job till then!

I need your help please provide your suggestion at the earliest possible. Let me know I need to provide any more information.

Thanks
Manu
:confused:
 
SirZKaGC said:

My Current Status:
I am working on H1B & am left with 9 months to complete my 6yrs.
I have concurrently filed my I140, I485 using substitution of Labor (LC Filed May 03 & approved Oct 03) in EB3 (priority date of later half of 2003).
Currently am holding approved I140, EAD & AP.
I am going to complete 6months after I140 approval in few weeks making me eligible to use AC21.

I have recently got married & my spouse is yet to join me on H4 visa (expected in 2-3 months based on the consulate appointment date).

Now situation of my job is getting unstable & I may need to look out for new one.

I have few question related my & my spouse’s Green card application status & my spouse US stay status:

Question on My Greencard application:
· Can I change my job on H1B to a new employer with no effect on my I 485 application?


Question on My Spouse’s Greencard application:
· Since Mine is EB3 category. Since my I485 is already filed can I file My Spouse’s I485, EAD, AP the day she arrives in US?
· Since we cannot get 100% match on job profile as specified in LC if I change my job, so how safe is it if I move on H1B to another employer before filing My Spouse’s I485, EAD, AP with current employer?
· What is the suggestion for question 2 if move on EAD?


Question on My Spouse’s valid stay in US:
· If I need to move on EAD before her H4B filing can she still go ahead with her H4B stamping?
· If I need to move on EAD after she joining me in US on H4B. Since I will not be on H1B will her H4B be valid for her stay in US?

General Question:
· One of my friend suggested me to file My Spouse’s I485, EAD, AP the day she arrives in US & wait till I get her EAD & AP approved & then move over to new company. How good is this approach?
Catch is how early can I file her I485 since mine is EB3 category! & Even if I can file it the moment she joins me then also I may need to wait for 6 months & I may go out of job till then!

I need your help please provide your suggestion at the earliest possible. Let me know I need to provide any more information.

Thanks
Manu
:confused:
Click to expand...


You cannot file spouse I-485 unless priority date becomes current and you need to keep H1B alive until spouse apply her I-485. You can use AC-21 after 180 days of pending your I-485. Spouse case is not releated to this. You need not have wait for applying I-485 for the spouse.

You can do H1B tranfer without affecting I-485.
 
SirZKaGC said:

My Current Status:
I am working on H1B & am left with 9 months to complete my 6yrs.
I have concurrently filed my I140, I485 using substitution of Labor (LC Filed May 03 & approved Oct 03) in EB3 (priority date of later half of 2003).
Currently am holding approved I140, EAD & AP.
I am going to complete 6months after I140 approval in few weeks making me eligible to use AC21.

I have recently got married & my spouse is yet to join me on H4 visa (expected in 2-3 months based on the consulate appointment date).

Now situation of my job is getting unstable & I may need to look out for new one.

I have few question related my & my spouse’s Green card application status & my spouse US stay status:

Question on My Greencard application:
· Can I change my job on H1B to a new employer with no effect on my I 485 application?
------------------- YES, but join new employer with H1 trasfer

Question on My Spouse’s Greencard application:
· Since Mine is EB3 category. Since my I485 is already filed can I file My Spouse’s I485, EAD, AP the day she arrives in US?
-----------------NO, your PD need to be current to file spouse I-485
· Since we cannot get 100% match on job profile as specified in LC if I change my job, so how safe is it if I move on H1B to another employer before filing My Spouse’s I485, EAD, AP with current employer?
· What is the suggestion for question 2 if move on EAD?
--------------- if you use EAD your H1 status will become invalid and spouse H4 will be also invalid. you and your spouse need to be on H1 and H4 status till your spouse file I-485


Question on My Spouse’s valid stay in US:
· If I need to move on EAD before her H4B filing can she still go ahead with her H4B stamping?
· If I need to move on EAD after she joining me in US on H4B. Since I will not be on H1B will her H4B be valid for her stay in US?

General Question:
· One of my friend suggested me to file My Spouse’s I485, EAD, AP the day she arrives in US & wait till I get her EAD & AP approved & then move over to new company. How good is this approach?

Catch is how early can I file her I485 since mine is EB3 category! & Even if I can file it the moment she joins me then also I may need to wait for 6 months & I may go out of job till then!
--------------------------------------- if your PD is not current your spouse canot file I-485
I need your help please provide your suggestion at the earliest possible. Let me know I need to provide any more information.
-------------------- maintain H1 status, and spouse need to be on valid H4 status when your PD becomes current. keep extending your H1 and spouse H4. dont use EAD
Thanks
Manu
:confused:
Click to expand...
 
Spouse I485 & H4 Application

In the above condition if I change my job on H1B.

Will there be any adverse impact on my I485 application or my spouse future I485 application? (Note: the new job description will not be exactly similar to that in my LC)

My wife is waiting for her H4 interview scheduled for Oct2005. Will there be any impact on her H4 stamping interview? Is there anything that I need to take care of before her interview in case I change my job?
 
SirZKaGC said:
In the above condition if I change my job on H1B.
------------------ change the job on H1 and maintain H1 status so that your spouse can be on H4 status
Will there be any adverse impact on my I485 application or my spouse future I485 application?
-----------------Not becase of joining new employer on H1
(Note: the new job description will not be exactly similar to that in my LC)
------------- according to AC21 it job duties need to be Same/similar
My wife is waiting for her H4 interview scheduled for Oct2005. Will there be any impact on her H4 stamping interview?
-------------- if you have H1 status then she will get H4 visa
Is there anything that I need to take care of before her interview in case I change my job?
-------------- if at the time of her Interview for H4 visa you are on H1 status of A then she will get H4 visa stamp till the validity of your H1 approval notice of A.
if she gets the Interview when your H1 is approved for B then send her your H1 trasfer approval notice and she will get H4 visa stamp till your latest H1 approval notice.

If she gets h4 based on A H1 approval notice then she will get Visa and I-94 at POE till her visa expiry date and once she entres US dont forget to file her H4 extension BEFORE her I-94 gets expired

if she reaches US before your new employer file for your H1 trasfer then file her H4 extension with your H1 so that you both will get I-94 attached with approval notices expiring the same date
Click to expand...
 
In case I receive my I485 approval & we have not yet
filed I485 of my spouse.
. Then what should be US stay status of my wife?
(Assuming she having H4)
· Will she be continuing on H4B or is there any
special status she’ll be using?

· In case she has not yet arrived in US & I have got I485
approval then on which status will she be coming over
to US?(any option)
 
SirZKaGC said:
In case I receive my I485 approval & we have not yet
filed I485 of my spouse.
. Then what should be US stay status of my wife?
------------- they day PD for you bocomes current file her I-485,( keep all the documents ready to file her I-485) I dont think they will approve your I-485 next day, once she files her I-485 she will be AOS
(Assuming she having H4)
----------if she files I-485 then AOS and H4(if you are on H1 status and your I-485 NOT approved)
· Will she be continuing on H4B or is there any
special status she’ll be using?


· In case she has not yet arrived in US & I have got I485
approval then on which status will she be coming over
to US?(any option)
--------------FTJ
Click to expand...
 
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