Lost Job ! 485 was pending, can I use it when my husband applies for 485

S

siddisa

Registered Users (C)
Hi,
  I lost my job in Nov while our 485 application was pending at Nebraska Service Center. Receipt Date: Sept 2001. I was the primary applicant and my husband was also on the application.
FP was done in Dec 2001. Subsequently, I have applied for an H4 and is pending.
My husband recently got his I-140 approved through his company. Can we switch the primary applicant on the pending I-485 application and continue. There has been no decision on the pending I-485 application yet. How can we leverage the application ?? Please advise !!! Thanks
 
No Title

Yes, you can. The new policy allows multi I-485 applications, which means you can file your own I-485. If your husband is applying GC, and you can file another I-485 with him. You should be OK.
 
saddisa

You should keep your I485 and apply as a dependent on your husband I485. Remember - GC is for future employement, it is if some (since you almost crossed 180 days from I485 RD) employer will be willing to hire you and issue a letter with intention to hire you in the position, similar to your labor cert - this is what is requiured, all the rest is just fears of other people. And if you were laid off - you come to your former employer and ask him to issue such a letter when needed.
You can be file two i485 from you (done, where husband is dependent) and husband (where you are dependent), it is OK - it just signals INS that both of you are valuable persons.

With your I485 you will get:

1. RFE on employment verification. If you still don\'t have a job - you should reply with employment intention letter from some employer, saying he is ready to hire you on the similar position as in your labor. If you do have a job in similar position - send letter from new employer. If you have a job in different position - ask employer to issue letter, saying we plan to transfer you to the position as in labor cert.

2. No RFE and approval

If you will be denied (0.1% probability) you can stay with your husband i485 adjustment of status. H4 is not required, you can apply for it in any time if needed. Your adjustment on your I485 or your husband I485 are both valid statuses. Good luck.

Andrew
 
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