Leaving before 180 days after apply I-485

C

chennai123

New Member
1. I am using my collegue's I-140 (priority date Oct 2003 )that is approved in EB3. My I-140 (prority date 2006 ) is in EB2 in PERM and got an query which is being
replied today.

2. I now want to file my I-485, My lawyer is saying to use the EB3 and apply the I-485 as it's already approved and
current in July. He is saying not to apply for EAD as I have my h1b visa till May 2008.

3. I am going to get married in Sep. and bring my wife with me.

Constriants:

1. Comapny is going to shutdown in 3 months i.e by end of sep.
2. I want to add my wife also to I-485.
3. With EAD i have better options for jobs.


Questions:


Q.1 Is it a good idea to apply for EAD now,with the I-485.

Q.2 Should I apply for I-485 or not? Is it true that I have to stay with the company for 180 days, what will happen
if I move to different company,before that period?

Q.3 Is AC12 can help me?

Q.4 What if the dates gets retogratted and my wife is not able to apply for the I-485.
 
chennai123 said:
1. I am using my collegue's I-140 (priority date Oct 2003 )that is approved in EB3. My I-140 (prority date 2006 ) is in EB2 in PERM and got an query which is being
replied today.

2. I now want to file my I-485, My lawyer is saying to use the EB3 and apply the I-485 as it's already approved and
current in July. He is saying not to apply for EAD as I have my h1b visa till May 2008.
---lawyer is correct in saying to file in EB3 as your I-140 is approved. to file EAD or not is upto you
3. I am going to get married in Sep. and bring my wife with me.
----------------- in that situation you need to by on H1 status and why to file EAD as you are not going to use EAD (use of EAD will invalidate your H1 status)
Constriants:

1. Comapny is going to shutdown in 3 months i.e by end of sep.
-----------------file YOUR I-485 ASAP

2. I want to add my wife also to I-485.
-----------one cant ADD wife to I-485, once get married bring her on H4 and then SHE has to file her I-485 if your PD remain current( I dont think PD will be current after August/september)
3. With EAD i have better options for jobs.
---------------But you will NOT be on H1 status and to bring wife on H4 you need to be on H1 status and dont use EAD

Questions:
----------------------------


Q.1 Is it a good idea to apply for EAD now,with the I-485.
----------------you dont need it
Q.2 Should I apply for I-485 or not? Is it true that I have to stay with the company for 180 days, what will happen
if I move to different company,before that period?
---file your I-485, to invoke AC21 your I-485 should be Pending more than 180 days
Q.3 Is AC12 can help me?
------------ Your I-485 is not filed and not pending more than 180 days and at this time you are not eligible for AC21
Q.4 What if the dates gets retogratted and my wife is not able to apply for the I-485.
-you remain on H1 and your wife should remain on H4 to file her I-485 when again PD is current
Click to expand...
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