I140/I485 Filing - Info/suggestion

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ardaviraf

Registered Users (C)
All,
Have recently started accessing this site to get more info regarding the immigration process. My company filed for my I140(EB3) with a Substituted Labor in March 2004.I am now contemplating filing for my I485, AP,EAD etc.I have a valid visa till May 2005.I am single as yet and have no plans of marriage in next few months atleast.
So here are my questions :

1.Should I file now for 485.When during the process is the cut-off for adding a spouse to the process without hindering either my or spouse app?My understanding is that I can add spouse to the application before it is adjudicated which could take close to two years.

2.If I were to file now, if and when I get married, will I need to have a valid visa for spouse to come as dependant?(If i work on EAD or use AP or visa expires she has not way of joining me right?)

3.Will a 485 filed now for I140 filed in march be considered concurrent? If so what are advantages/disadvantages as upposed to non-con in the current situation?(various memos, vermont center processing trend etc)

Info/comments/suggestions from forum members is greatly appreciated
ardaviraf
 
1) Cut off is before your I-485 is approved. Or on a safer side, suggest you do it before your Finger prints.

2) Yes. You could either have your H1B extended (based on 1 yr since Labor applied) or alternatively get your I-485 approved (adjustment of status completed).

3) Yes. Advantages of non-concurrent filing : Quicker right now
Advantages of concurrent filing: Might be quicker on the long run based on all the memos and rumors floating around USCIS.
 
1.Should I file now for 485.When during the process is the cut-off for adding a spouse to the process without hindering either my or spouse app?My understanding is that I can add spouse to the application before it is adjudicated which could take close to two years.

You can add your spouse before 485 is adjudicated and now all countries are current, hence no cut off date to file your application.

2.If I were to file now, if and when I get married, will I need to have a valid visa for spouse to come as dependant?(If i work on EAD or use AP or visa expires she has not way of joining me right?)

If you are working on H1B then you can bring her on H4, which is safe always. If you are working on EAD even for one day, then your H1B visa becomes invalid and then you need to reapply for a new H1B under premium processing and then get it stamped and then send your wife in India to get her H4 stamped.

If for any reason, you start working on EAD and your I140 is denied, you become out of status the very same day and need to leave the country. Since you have a valid H1B until next year, the best bet is to keep working on H1B and keep extending H1B year after year with your approved labor petition.

You cannot bring your wife on AP if 485 is not filed for her, the ONLY option is H4 only.

3.Will a 485 filed now for I140 filed in march be considered concurrent? If so what are advantages/disadvantages as upposed to non-con in the current situation?(various memos, vermont center processing trend etc)


Yes the are considered concurrent, advantage is that your application doesnt loose 6 months on 485 approval. Disadvantage is your file wont be touched..

Hope this helps.

Want GC Soon :)
Info/comments/suggestions from forum members is greatly appreciated
ardaviraf
 
Thanks zbc and Want GC Soon for your info/suggestions.

GC soon : why will they not touch my file? My I140 was filed in March 2004( before memo took effect?) .If I file 485 now, is it considered concurrent after memo came into effect which means true concurrent adjudication or does it mean my 140 will be adjudicated adn then 485 as was before?

ardaviraf
 
If you file 485 now along with the receipt number of 140 already filed, then you are considered to be in concurrent filing.

Want GC Soon :)
 
Hey all,
Last week one of my friend who received his LC and he is going to apply his
I-140/485. He needs to submit his Resume for I-140. He doesn't have the resume which he used it when he filed his LC neither his employer.
1).Can he update or create the resume based on his LC skill set or he should give exactly the format which he used for LC?
2). Basically he doens't know what period he entred in the resume for the first job when he woked in India 6 years before. Does it matter?
 
If you have you LC approval notice, it will have where you worked, and dates you worked as per your resume attached that, based on that you can prepared resume.................. Reverse Engineering........You can add more skills which you acquired after that date ( when you applied for LC), In that scenario, Resume never remains same...... so you can have updated resume for I-140....
 
See Inline

austin_desi said:
Hey all,
Last week one of my friend who received his LC and he is going to apply his
I-140/485. He needs to submit his Resume for I-140. He doesn't have the resume which he used it when he filed his LC neither his employer.
1).Can he update or create the resume based on his LC skill set or he should give exactly the format which he used for LC?
Good to have matching resume.

2). Basically he doens't know what period he entred in the resume for the first job when he woked in India 6 years before. Does it matter?
Get a copy of approved LC (750-B). You can find all the details submitted during LC stage.
Click to expand...
 
Thanks for your reply usnycus
He has his 750-B but he does't have his resume which he sent.
Now if he modify his resume accroding to 750-B, is that ok?
And he changed his address too, so can he update this in his new resumes?
 
if you have 750 -B, it should have all work details of yours ( from resume which you submitted ), based on that you can prepare it.. Regarding adress change, ... no one lives in one place........no problem...
 
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