should I apply for AP?

P

programmer76

Registered Users (C)
Hi ,

I got married last month and now I've applied for my H1 visa stamp from ST. Luis. I've also applied for my Greencard and my labor certification is approved. My wife is in India and I want to bring my wife to USA as soon as possible. I know that H1 revalidation takes approximately 4 months. In case my H1 revalidation is not approved, I will immediately travel outside usa and get my H1 visa stamped from India or canada. Questions i've are...



(1) when I sent my passport for revalidation the form DS 156 has question " did any one filed an immigrant visa petition on your behalf" i answered that question "NO" because at that time i didnt apply for I 140 and I 485. Now do i have to wait for 4 months before submitting my I 140 until my H1 revalidation get approved?I'm worried that if i apply I 140 now they might think of a Fraud? I never lied because the date when i sent my documents i hadn't filed my I 140 and that's why I said NO to that question.

(3) Does H1 revalidation and Advance payroll goes to the same place in BCIS? Will they know while evaluating my H1B revalidation case that i've also applied for advance payroll? I am thinking about applying for advance payroll tomorrow so that just in case if my H1B visa is not revalidated I will have my AP in my hands when i go outside of US to get the H1 stamp in my passport. Is this advisable?

Please help me out.
 
1. You are absolutely right. What you had stated in your DS-156 was TRUE on the day you submitted the form. So it doesn't matter

2. You can apply for EAD/AP when your H1 is valid or being renewed. Infact it is advisable to have a valid EAD/AP even if you are still working on H1
 
Stamping on your passport is not required for you to bring your wife. You can send the document and copy of valid I-94 So that she can go to nearest consulate and get stamping.

Along with all other papers I-94 should be valid. Once she comes here apply I-485 for her immidiately.
 
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to get ur wife asap in USA H1b for you and H4 stamping for her is the only the fastest way to go.

I'd say why even wait for 4 months, u r newly married, go to India and get it stamped there along with wife and then enter on H statuses.
 
Thank you very Needgc,Tammy and amcom for answers. I will apply for my I 140 now without waiting 4 months for my revalidation.

My wife is still studying in her final year in India and she was not coming with me to usa anyway just after the marriage. Besides when I went to India I had only few days to get married and spend with her and I didn’t want to waste that precious time at mumbai consulate that’s the only reason I decided to do my revalidation from ST. Luis.

After reading your answers I have following concerns.

(1) I'm not going to file my I 485 yet because my lawyer from the company is asking me to wait until my wife comes to usa and then he will apply for both of our I 485 together. I am only going to file my I 140 next week. Can I file for EAD and AP with it as well? Or do I have to file I 485 to apply for EAD and AP?


(2)After I get my EAD card and while I’m waiting for my green card is there any restriction on kind of job I can do? Can I work in Gas station/ Grocery store /any Odd jobs not related to my computer field using my EAD Card?

(3) My green card is filed as a future employer with a consulting company. My H1 is with another company. When do I have to join this consulting company? Is there any particular time? Or can I wait and join them after I get my green card in my hands? I've heard that lot of times people get queries in I 485 in which they are asked their pay stub.
 
(1) I'm not going to file my I 485 yet because my lawyer from the company is asking me to wait until my wife comes to usa
------- You can apply your I-485, EAD, AP with I-140 because that way you will get your early PD for I-485, when your wife comes to USA then with your I-485 filing receipt file her I-485, EAD AP and her I-485 will be attached with your pending I-485 file.
(2) and then he will apply for both of our I 485 together. I am only going to file my I 140 next week. Can I file for EAD and AP with it as well?
--- EAD, AP can not be applied with I-140, if you file I-485 with I-40 then only you can apply EAD, AP because EAD AP are based on pending I-485
(3) Or do I have to file I 485 to apply for EAD and AP?
-----YES

(2)After I get my EAD card and while I’m waiting for my green card is there any restriction on kind of job I can do? Can I work in Gas station/ Grocery store /any Odd jobs not related to my computer field using my EAD Card?
----- Once you receive EAD you can work odd jobs BUT if you use EAD you will NOT be on H1 status, better not to use EAD till your I-140 gets approved AND your wife enters on H4 status
(3) My green card is filed as a future employer with a consulting company. My H1 is with another company. When do I have to join this consulting company?
----- It is better to join 2-4 months before I-485 approval by law after I-485 approval. GC is for future permanent job
(4) Is there any particular time? Or can I wait and join them after I get my green card in my hands? I've heard that lot of times people get queries in I 485 in which they are asked their pay stub.
------ Pay stubs are asked to make sure you are working
 
Hi Ginnu,


****My green card is filed as a future employer with a consulting company. My H1 is with another company. When do I have to join this consulting company?
----- It is better to join 2-4 months before I-485 approval by law after I-485 approval. GC is for future permanent job.

**** Is there any particular time? Or can I wait and join them after I get my green card in my hands? I've heard that lot of times people get queries in I 485 in which they are asked their pay stub.
------ Pay stubs are asked to make sure you are working

After going through your answers I have following concerns.

QUESTION # 1
Let me just clarify this whether I’m understanding this correctly. You mean that it is better to join the future employer before 2 to 4 months of I 485 approval. And by law I should join after I – 485 approval. Am I right?

QUESTION # 2

If they ask for pay stubs during I 485 petition and at that time I’m still working with the employer who holds my H1B visa (getting pay stub and all from them) and still not have joined the company with whom my future job is..Am I still okay? At that time can I show the pay stubs I am getting from the company who holds my H1 visa but has nothing to do with my Green card petition?


QUESTION # 3

I have talked with my company's immigration lawyer (I can not change him because he works for the firm) in the past. All these days he has been telling me that I better wait until my wife comes to USA and it is better to file I 485 for husband and wife together. How true is he?

QUESTION # 4

Once I got EAD then after that do I need any visa to stay here in USA or can I just stay here as long as my petition is in progress?My H1 visa is going to expire after one year.
 
QUESTION # 1
Let me just clarify this whether I’m understanding this correctly. You mean that it is better to join the future employer before 2 to 4 months of I 485 approvals.
--Yes

And by law I should join after I – 485 approvals. Am I right?
---- That is also correct but I will join before 2-3 months before I-485 approval
QUESTION # 2

If they ask for pay stubs during I 485 petition and at that time I’m still working with the employer who holds my H1B visa (getting pay stub and all from them) and still not have joined the company with whom my future job is..Am I still okay? At that time can I show the pay stubs I am getting from the company who holds my H1 visa but has nothing to do with my Green card petition?

----- Yes you can and at that time they will need letter from your future employer, I will join the sponsor employer 2-3 months advance to avoid any complications because many USCIS officers don’t know the correct law and they are not lawyers and will seek legal advise from good attorney. I read a post that person had I-485 interview in Chicago local USCIS office and he wanted to use AC21 and officer told him he does not know what is AC21, the person gave him AC21 august 2003 Memo copy he kept it and told him that he will let him know and the case is still pending after 5 days of interview
QUESTION # 3

I have talked with my company's immigration lawyer (I can not change him because he works for the firm) in the past. All these days he has been telling me that I better wait until my wife comes to USA and it is better to file I 485 for husband and wife together. How true is he?
------ I gave you my opinion in above post if you agree to your lawyer do what he says if you don’t trust him go to other lawyer that is simple
QUESTION # 4

Once I got EAD then after that do I need any visa to stay here in USA or can I just stay here as long as my petition is in progress?
--- After I-485 is filed your status is AOS pending till the date I-485 is approved or denied. One can have H1 and AOS pending at the same time. If you use EAD you will NOT be on H1 status. Many remain on H1 after filing I-485 to be safe because if I-485 gets denied and you don’t have valid H1 status you have to leave US.
I hope your company pays to your lawyer and better get the good advice from him.
My H1 visa is going to expire after one year.
----- By law you can extend it and you are eligible for 7th year H1 extension also if I-485 filed, I don’t know what advice your company lawyer is going to give you. If you have more concerns better go to your lawyer


** I dont belive your lawyer, he seems to be......
 
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