I-485 for Baby

B

badrinathn

Registered Users (C)
Hi ,

My wife and my I-485 is pending before USCIS and we are still on H1/H4. Recently we had a baby in India, and I have also got the H4 visa to baby. The baby will be coming to US next week.
What needs to be done to get the baby included in I-485.?

Also, If I change the jobs using EAD after the baby is in US, what are its implications? (Baby will be on valid H4 and I will be on EAD- Does this cause any problem? )

Badrinath
 
badrinathn said:
What needs to be done to get the baby included in I-485.?
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The baby doesn't get included. He or she needs to file an I-485.

Also, If I change the jobs using EAD after the baby is in US, what are its implications? (Baby will be on valid H4 and I will be on EAD- Does this cause any problem? )
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Baby loses H-4 status and becomes an adjustee.
 
Thank you,

Because I am on EB3 and my PD(9/03) has been retrogated to 2002Apr, should I wait to file I485 before I can change the jobs (using EAD).

If my H1/H4 is valid upto 2008 and I get laid-off now, can I use the EAD and still apply for AOS for baby when the PD becomes current?

Badrinath
 
badrinathn said:
Thank you,

Because I am on EB3 and my PD(9/03) has been retrogated to 2002Apr, should I wait to file I485 before I can change the jobs (using EAD).
------------ you should file Baby I-485 before baby I-94 expires if the baby is not eligible to file I-485 because of your PD then maintain H1 status and your spouse and baby should be on H4 status. if you can file baby I-485 why to wait file baby I-485 and it will be attached to your pending I-485 file. file the I-485 BEFORE you use EAD if primary uses EAD then your spouse and baby will NOT be on H4 status.
If my H1/H4 is valid upto 2008 and I get laid-off now, can I use the EAD and still apply for AOS for baby when the PD becomes current?
---------- apply the I-485 for baby BEFORE you use EAD or maintain H1 status so that your baby remain on H4 status to file I-485. if change employer better join with H1 trasfer so that you maintain H1 status and also file dependents H4 extension before H4 I-94 expires

Badrinath
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Thanks,

If I transfer my H1-B, can I still maintain the I140/I1485 PD? I am sure my employer will not withdraw the petion or I485?

Badrinath
 
badrinathn said:
Thanks,

If I transfer my H1-B, can I still maintain the I140/I1485 PD?
----- if transfer H1 you can still be AOS pending. the risk is only if the past employer Revokes the approved I-140
I am sure my employer will not withdraw the petion or I485?
----------- Employer CAN NOT withdraw the I-485 it belongs to you and filed by YOU. I-140 belongs to employer and he can withdraw/revoke but if your I-140 is approved and I-485 is pending more than 180 days you will be safe as you will be eligible to use AC21
Badrinath
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provide the info:

PD:
EB3 or EB2
I-140 filing date
I-140 approval date
I-485 filing date
 
I am finding some hopes in your reply - Thanks Ginu.

The details are:
My company applied for my LC in Sep 2003 (and hence PD is 3rd Sep 2003). Later my wife and I applied for I140/I485 (Concurrent filing) in April 2004. And I-140 got approved in Dec 2004. So our I-485 is pending since Dec 2004 (Over 400 days now).

I am still on H1B (same company) and wife on H4.

This May (05/2006), we had a baby born in India. He now has a H4 visa and be coming to US next week. Now I want to include him /file I-485 for him using my PD (9/2003), but it is not current. However until I file his I-485, I want to maintain my H1 so that he has his H4.

Now, there are indications that my company is doing bad and lay off people. If so, can I find a company who can transfer my H1B - so that I remain on H1 and my son remains on H4 until I file I-485.

So the clear question is -
1) If I find a company to transfer my H1B - and change jobs to that company
will my I-140 and I-485 be valid.

2) After transfering the jobs (H1 Transfer), when the PD becomes current, can I then apply for I-485 for my son.

3) So Does the AC21 relate to only changing jobs using EAD or can it be using the H1B transfer also?

Badrinath
 
badrinathn said:
If I find a company to transfer my H1B - and change jobs to that company will my I-140 and I-485 be valid.
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If the job meets the AC21 "same or similar" requirement, then your I-485 should be fine, even if the original I-140 is withdrawn.

After transfering the jobs (H1 Transfer), when the PD becomes current, can I then apply for I-485 for my son.
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Yes.

So Does the AC21 relate to only changing jobs using EAD or can it be using the H1B transfer also?
Click to expand...

What specific method you use to obtain employment authroization is irrelevant. EAD or H1 is fine.
 
badrinathn said:
I am finding some hopes in your reply - Thanks Ginu.

The details are:
My company applied for my LC in Sep 2003 (and hence PD is 3rd Sep 2003). Later my wife and I applied for I140/I485 (Concurrent filing) in April 2004. And I-140 got approved in Dec 2004. So our I-485 is pending since Dec 2004 (Over 400 days now).
-------------------- you are eligible for AC21 and can change employer any time, better remain on H1 status and join with H1 trasfer
I am still on H1B (same company) and wife on H4.

This May (05/2006), we had a baby born in India. He now has a H4 visa and be coming to US next week. Now I want to include him /file I-485 for him using my PD (9/2003), but it is not current. However until I file his I-485, I want to maintain my H1 so that he has his H4.
------------- you should be on H1 and dependents on H4 status so that when PD becomes current file the I-485 of baby and keep all the documents ready to file baby I-485
Now, there are indications that my company is doing bad and lay off people. If so, can I find a company who can transfer my H1B
-------------------- yes
- so that I remain on H1 and my son remains on H4 until I file I-485.

So the clear question is -
1) If I find a company to transfer my H1B - and change jobs to that company
will my I-140 and I-485 be valid.
---------------- YES, also talk to new employer about permanent job offer letter so that you can invoke AC21
2) After transfering the jobs (H1 Transfer), when the PD becomes current, can I then apply for I-485 for my son.
--------------- yes
3) So Does the AC21 relate to only changing jobs using EAD or can it be using the H1B transfer also?
--------------- you CAN be on H1 status join new employer with H1 transfer
Badrinath
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Wow - Excellent answers (Something enlightening- was feeling very dissappointed today )

BTW last question for the day, can the AC21 (H1 Transfer) happen for the 7th year? My 6 years will complete in Jan 2007.

Badrinath
 
badrinathn said:
Wow - Excellent answers (Something enlightening- was feeling very dissappointed today )

BTW last question for the day, can the AC21 (H1 Transfer) happen for the 7th year? My 6 years will complete in Jan 2007.

Badrinath
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No problem with H1 transfer at seventh year of H1. Probably you will get three years extension.
 
badrinathn said:
Wow - Excellent answers (Something enlightening- was feeling very dissappointed today )

BTW last question for the day, can the AC21 (H1 Transfer) happen for the 7th year?
-------------- you are mixing AC21 with H1 extension. AC21 is used when your I-485 is pending more than 180 days and you get permanent job offer with same/similar job duties and you update the USCIS with new job offer letter from new employer so that your I-485 gets approved based on new permanent job offer and H1 has nothing to do with that.
H1 is diffrent petition and I-485 is diffrent petition

your new employer can file your H1 transfer and if you find new employer in 1-2 months then new employer can file for H1 trasfer and extension and you can get H1 for 3 years you need to provide the I-140 filing reciept copy or I-140 approval notice copy

My 6 years will complete in Jan 2007.
------------- file the H1 extension BEFORE I-94 gets expired
Badrinath
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Hi Ginnu,

By that, do you say that even if I transfer H1 (which is a new petition) - there will not be any adverse effect to my current i-485.

I am getting that H1 has nothing to do with GC /I485. All that matters is only having a job legally .

So H1B and I140/I485 - are they tied in any way so when H1B is tranfered to the other company - even the I-140 will be valid.

What happens if the I-140 petitioner goes bankrupt after I transfer to other company on H1B.

Badrinath
 
badrinathn said:
Hi Ginnu,

By that, do you say that even if I transfer H1 (which is a new petition) - there will not be any adverse effect to my current i-485.
--------------- you can trasfer H1
I am getting that H1 has nothing to do with GC /I485.
--------------yes H1 has nothing to do with pending I-485 but you need to be on H1 so that your dependents can be on H4 and can file I-485 when PD becomes current. dont forget to file H4 extensions for your spouse and bay
All that matters is only having a job legally .

So H1B and I140/I485 - are they tied in any way so when H1B is tranfered to the other company - even the I-140 will be valid.

What happens if the I-140 petitioner goes bankrupt after I transfer to other company on H1B.
---------------- you are safe to use AC21 as your I-140 is approved and I-485 pending more than 180 days, join new company on H1 transfer and invoke AC21 with pending I-485.
Badrinath
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WHEN CHANGE JOB or address do the below:
1 file form AR11 for address change ( it will not chage you address on pending petitions with USCIS)
2 update NCSC on 18003755283, your new address, provide them your ,WAC,EAC or LIN # of I-485 and reciept # of any pending petitions with service center, provide the receipt#, your name, DOB, A#( A# is on I-485 filing reciept)
3 write letter to service center for address change on your pending I-485( if you have spouse I-485 pending He/she also need to change address on her/his I-485 letter need to be signed by spouse with date and reciept# of pending petitions) or any pending petition with them provide your past and NEW address, attach I-485 receipt copy, write your I-485 reciept # name, DOB, A# on cover letter so that you get fingerprinting notice at your new address. Send the letter to your service center with certified return receipt and out side the envelope write in big bold letters ATTENTION: ADDRESS CHANGE for Pending Form I-485 ( or any other application)
4 if want to use AC21 THEN if the past company lawyer filed I-485 then better change your lawyer and fill up new G28 with your new lawyer and he can update USCIS that he represent you and can mail form G28 to sevice center, he can also make a request to chage your New address on Pending I-485 and he will get if any RFE, if you dont change any RFE will go to past lawyer. if you dont want to be represented by past lawyer and dont want to hire your Lawyer then revoke the G28 of past company lawyer and request USCIS to send the communication directly to you on your new address
*** do the all 1,2,3,4
 
Thanks Ginnu -
Please change your signature - you are not a lay person - you are a genius.

Today when I sent an email to my lawyer, he simply replied - Our legal fee is $250, then he sent me the bio data application form for filing I485 for baby. I later asked him if I am eligible, only then did he answer in YES or NO.

You guys give so much info free, that the lawyers charge unnecessarily...but then they have the "Authorization".


But this forum put me in a whole new direction - thank you all.

Badrinath
 
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