I-485 Pending and I765 Approved

M

MenkaNCR

Registered Users (C)
Hi everybody.

My case is something like: My I - 485 is pending and I - 765 is approved and got EAD.

Q. What if i resign my current employer and join xyz comp and continue working on H1 B since it's valid until 09, in this case, will my 485 be cancelled automatically and again i need to file it thr my new employer or is it transferable.

Q. I would like to file a visitor VISA for my parents. Could someone tell me what type of visa do i need to file and the procedure of filing the visitor visa.
 
MenkaNCR said:
Hi everybody.

My case is something like: My I - 485 is pending and I - 765 is approved and got EAD.

Q. What if i resign my current employer and join xyz comp and continue working on H1 B since it's valid until 09, in this case, will my 485 be cancelled automatically and again i need to file it thr my new employer or is it transferable.

Q. I would like to file a visitor VISA for my parents. Could someone tell me what type of visa do i need to file and the procedure of filing the visitor visa.
---------------- You can’t apply visitor visa for your parents. Your parents have to apply for visitor VISA with US consulate. Check the US consulate site where they will apply for visa.
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---------what is the status of I-140? approved or pending? if pending then dont move to new employer. move only after I-140 is approved and I-485 pending more than 180 days.
 
ginnu said:
---------what is the status of I-140? approved or pending? if pending then dont move to new employer. move only after I-140 is approved and I-485 pending more than 180 days.
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I-140 was approved long back, and thereafter 485 was filed.

So, you are saying as long as 140 is approved, 485 is pending for more than 180 days, i can switch to a new employer and 485 will be transfer from my old employer to a new employer without cancellation and hence i do not need to start over again filing 485????

Just be very clear, i want to save my time i spent in waiting for 485 approval. Meaning i don't want my 485 should be cancelled.

I would appreciate if you let me know about when can i include my spouse in 485. Thanks
 
MenkaNCR said:
I-140 was approved long back, and thereafter 485 was filed.

So, you are saying as long as 140 is approved, 485 is pending for more than 180 days, i can switch to a new employer
-------------------------YES (you are eligible for AC21)
and 485 will be transfer from my old employer to a new employer without cancellation and hence i do not need to start over again filing 485????
-------------------I-485 is your Petition and it is not Transferred to any employer. You just need new employer permanent job offer with same/similar job duties and the file for AC21 with USCIS service center where I-485 is pending.

Just be very clear, i want to save my time i spent in waiting for 485 approval. Meaning i don't want my 485 should be cancelled.
-----------------------join new employer with H1 transfer. once join new employer file AC21
I would appreciate if you let me know about when can i include my spouse in 485.
---------------------I don’t know your PD. When your PD is current then your spouse can file his/her form I-485.

Thanks
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MenkaNCR said:
Thank you.

Keeping in mind all your answers and my doubts, can i join a new employer based on EAD rather transferring H1.Will it make any difference or cause me any trouble in future????
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You CAN join with EAD but it is much better to join with H1 transfer. Request new employers to file H1 Transfer and join once you get H1 transfer filing receipt. You have spouse who has to file his/her I-485 and he/she need to be on valid H4 status to file I-485 when your PD is current. You need to maintain H1 status so that your spouse can remain on H4 status.
Before joining new employer ask the New employer if they will provide you permanent job offer letter when you join so that you can invoke AC21 with pending I-485.

Economy is not good and jumps after you know the financial situation of new employer.
 
ginnu said:
You CAN join with EAD but it is much better to join with H1 transfer. Request new employers to file H1 Transfer and join once you get H1 transfer filing receipt. You have spouse who has to file his/her I-485 and he/she need to be on valid H4 status to file I-485 when your PD is current. You need to maintain H1 status so that your spouse can remain on H4 status.
Before joining new employer ask the New employer if they will provide you permanent job offer letter when you join so that you can invoke AC21 with pending I-485.

Economy is not good and jumps after you know the financial situation of new employer.
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Thank you for your ans.

You said, You need to maintain H1 status so that your spouse can remain on H4 status. It's not very clear to me.

What if i join a new comp based on my EAD, then H1 will be invalid per my understanding. In that case, what will happens to my spouse H4 status? are you saying that will be invalid, then what next for him.????????????Please clarifies it. Thanks.
 
MenkaNCR said:
Thank you for your ans.

You said, You need to maintain H1 status so that your spouse can remain on H4 status. It's not very clear to me.
-------------------------If you maintain on H1 status then your spouse can be on H4 status. H4 status is linked to H1 status.

What if i join a new comp based on my EAD, then H1 will be invalid per my understanding.
------------------If you use EAD you will not be on H1 status.
In that case, what will happens to my spouse H4 status?
------------------------------as You will not be on H1 status your spouse will NOT be on H4 status.
are you saying that will be invalid, then what next for him.????????????
-----------------------------------if you use EAD your spouse H4 will be invalid. You should remain on H1 status so that spouse can be on H4 status and file spouse H4 extension on time.
Please clarifies it. Thanks.
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----------------------
 
Those with H1 and valid EAD and their spouses are H4 (with no pending I485, due to any reason), if they switch to EAD, their spouses will not be H4 any more and will be out of status. If the PD become current, spouses can not apply for I-485 from the out of status. If you are one of those, H1 is very important till your spouse apply for I485 unless you want to put her/him in troube and unqualify her/him for the derivative I485 application.
 
mmed said:
Those with H1 and valid EAD and their spouses are H4 (with no pending I485, due to any reason), if they switch to EAD, their spouses will not be H4 any more and will be out of status. If the PD become current, spouses can not apply for I-485 from the out of status. If you are one of those, H1 is very important till your spouse apply for I485 unless you want to put her/him in troube and unqualify her/him for the derivative I485 application.
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Thanks a lot Ginnu and mmed, it really help me so much. However, i still do not understand the advantages of getting/having EAD before getting GC if i can not do the followings:

1.> If i join a new employer based on EAD, my hubby's H4 status will be invalid as you guys said in follow up.

2.> If i join a new employer based on EAD before my marriage, i can not bring my hubby to the states at least for a couple of years if he does not have a working VISA like h1, etc.

If i continue working on H1 as you said, after a year or so i'm going to get my green card, which is going to overlap EAD, so, no use of having EAD.

By the way, one more question.

Which date do i need to be watching in order to get 485 approval, is that VISA Bulletin or VISA processing texas center. My PD is 4th of Jan 2005. Not sure, how long it takes????

Please clarifies above.
 
MenkaNCR said:
Thanks a lot Ginnu and mmed, it really help me so much. However, i still do not understand the advantages of getting/having EAD before getting GC if i can not do the followings:

1.> If i join a new employer based on EAD, my hubby's H4 status will be invalid .
--------------------------- Correct
2.> If i join a new employer based on EAD before my marriage, i can not bring my hubby to the states at least for a couple of years if he does not have a working VISA like h1, etc.
----------------- one can bring spouse on H4 if Primary is on H1 STATUS. if you use EAD you will not be on H1 status.

If i continue working on H1 as you said, after a year or so i'm going to get my green card, which is going to overlap EAD, so, no use of having EAD.
-------------------------------------once person gets GC EAD AP is not valid. EAD AP are based on PENDING I-485.

By the way, one more question.

Which date do i need to be watching in order to get 485 approval, is that VISA Bulletin
--------------------VISA Bulletin to know when your PD becomes current.

or VISA processing texas center.

My PD is 4th of Jan 2005. Not sure, how long it takes????
-------------------I dont know if it is EB3 or EB2.if it is EB3 with PD of Jan 2005 and you are from India it is going to take long time to get GC.


Please clarifies above.
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It seems to me that at this time you are not married. If you want to bring spouse to US on H4 then you must maintain H1 status.

If you marry after Green Card then it will take 5-6 years for spouse to reach US.
If you marry now or before your I-485 gets approved and you are on H1 status you can bring your spouse on H4 status and spouse can file his/her I-485 when your PD becomes current.
 
ginnu said:
It seems to me that at this time you are not married. If you want to bring spouse to US on H4 then you must maintain H1 status.

If you marry after Green Card then it will take 5-6 years for spouse to reach US.
If you marry now or before your I-485 gets approved and you are on H1 status you can bring your spouse on H4 status and spouse can file his/her I-485 when your PD becomes current.
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Thanks much, appreciated.

Mine is EB2 and my PD is 4th of Jan 2005. Not sure, how long it takes????
 
MenkaNCR said:
If i continue working on H1 as you said, after a year or so i'm going to get my green card, which is going to overlap EAD, so, no use of having EAD.
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This is a good point, if your GC will be approved, this means that your PD will be current, which does mean that your spouse can apply for I485 before your GC approved or immediatelly after approval (before the expiration stated on her H4 at that time). Because if you stay longer without application, again she will be no H4 any more and can not adjust status by then. Those with GC as ginnu said, is very hard for them to bring spouse to US until they become citizen or find another way like separate H1 for them which is very difficult in many cases.
For your case specifically, the EAD is of no use unless your spouse already has pending I485, so do not renew it or use it at all.
 
MenkaNCR said:
So, you are saying as long as 140 is approved, 485 is pending for more than 180 days, i can switch to a new employer and 485 will be transfer from my old employer to a new employer without cancellation and hence i do not need to start over again filing 485????
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Correct, as long as the new job duties are "same or similar" according to AC21. But you must be prepared to respond to any RFE or NOID, if the original employer asks USCIS to revoke the I-140.
 
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MenkaNCR said:
Mine is EB2 and my PD is 4th of Jan 2005. Not sure, how long it takes????
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EB2 which country? If not India or China, your PD is already current. Otherwise, you have to check the visa bulletin for your specific country. EB2 China is at 1 Jun 2004 and EB2 India is at 1 Jun 2003.
 
mmed said:
For your case specifically, the EAD is of no use unless your spouse already has pending I485, so do not renew it or use it at all.
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Just to clarify -- renewing the EAD won't violate your H1 status. Using it for actual employment is what will cause the problem. It is a good idea to keep renewing it in case you get laid off and have to use it to get another job.
 
Jackolantern said:
EB2 which country? If not India or China, your PD is already current. Otherwise, you have to check the visa bulletin for your specific country. EB2 China is at 1 Jun 2004 and EB2 India is at 1 Jun 2003.
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Thanks much Jackolantern.

I'm proud to be an indian :-)

I hope somtime next year i will have my PD current. Btw, how long does it takes to get 485 approved after PD becomes current??? In my case i've already filed 485 and it's in pending status. My finger print is also done.
 
MenkaNCR said:
Thanks much Jackolantern.

I'm proud to be an indian :-)

I hope somtime next year i will have my PD current. Btw, how long does it takes to get 485 approved after PD becomes current??? In my case i've already filed 485 and it's in pending status. My finger print is also done.
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Does anyone tell me how long does passport office in india takes to change the spouse's last name on his/her passport. I'll be getting married soon and my spouse want my last name should change as his last name.

thanks.
 
MenkaNCR said:
Does anyone tell me how long does passport office in india takes to change the spouse's last name on his/her passport. I'll be getting married soon and my spouse want my last name should change as his last name.

thanks.
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if you are Lady then many change the last name after marriage in India . if you are lady and change your name while your I-485 is pending it may complicate the matter as on I-485 form, your H1, your SSN, DL will be having your present name.
 
Thanks ginnu.

Well, my husband live in NY and i live in india. We will be getting married soon. So, mine last name has to be like his last name.

So, how long does passport office in india takes to change the spouse's last name on the passport???
 
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