***** Spouse 485/ead/ap *****

F

fast_gc_seeker

Registered Users (C)
I'm in pending AOS status with 140 approved but 485 pending for < 180 days.
I also have EAD and AP approved.

My wife recently entered on H4 visa. I would like to have atleast her EAD ASAP. Please guide me in this matter. I've read that her 485 can be directly applied by me[nothing to do with my employer]. Please verify this.

1) Lets suppose I quit my current job, am I safe to apply for her 485/EAD/AP myself?
2) Do I require any support for her AOS application from my employer?
[this is nothing to do with any RFE with my 485].
3) If my 485 is approved before I apply for her 485, can I still apply for her
485?. If not then what will be her legal status?
 
fast_gc_seeker said:
1) Lets suppose I quit my current job, am I safe to apply for her 485/EAD/AP myself?
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Yes, you are safe. Her I-485 has nothing to do with your employer. But must must have ability to support her (income).

fast_gc_seeker said:
2) Do I require any support for her AOS application from my employer?
[this is nothing to do with any RFE with my 485].
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No.

fast_gc_seeker said:
3) If my 485 is approved before I apply for her 485, can I still apply for her
485?. If not then what will be her legal status?
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Yes, you still can apply her I-485 after your approval. She will be out of status from the very day you are approved. But normally that can be covered by 245(i) or in the worst case 245(k).
 
pralay said:
Yes, you still can apply her I-485 after your approval. She will be out of status from the very day you are approved. But normally that can be covered by 245(i) or in the worst case 245(k).
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could u please explain in short how 245(i) & 245(k) will protect her?
thanks.
 
fast_gc_seeker said:
could u please explain in short how

---- one is eligible to use 245(i) if your LC was filed BEFORE April 30,2001

245(k)---- if you are out of status lees than 180 days before your I-485 filing recieved by USCIS.

*** you seem to be expert, why you are taking chances?? why dont you file your wife I-485 before your I-485 gets approved??? best option for you is:
She is in US on H4, file her I-485, EAD AP NOW.

will protect her?
thanks.
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ginnu said:
*** you seem to be expert, why you are taking chances?? why dont you file your wife I-485 before your I-485 gets approved???
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Ofcourse, I'm trying to have her 485 before mine is approved but at same time I'm checking the available options if that dosen't happen.

I've read in this thread that I can still apply for her 485 even if mine is approved before I apply for her 485. Could you please her legal status once my 485 is approved and her 485 is not yet applied. is she allowed to travel on her H4?
 
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fast_gc_seeker said:
Ofcourse, I'm trying to have her 485 before mine is approved but at same time I'm checking the available options if that dosen't happen.

I've read in this thread that I can still apply for her 485 even if mine is approved before I apply for her 485.

Could you please her legal status once my 485 is approved and her 485 is not yet applied. is she allowed to travel on her H4?
---NO H4 if primary applicant I-485 gets approved .her H4 depends on your H1 status once your I-485 is approved you are not on H1 statusd, but if she goes to India AFTER applying I-485 with approved AP in hand and her I-485 gets approved while she is in india and she has Valid AP then she can enter US with AP, for more info talk to your lawyer.
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fast_gc_seeker,

like ginnu says...dont take chances and apply for your spouse's 485 app ASAP. having said that...u may have reasons (u seem knowledgable) to delay her application for whatever reasons that are not identified in this thread. also, in ur signature, i did not see a FP for your case (primary). technically, u cud try and delay ur FP and thereby delay ur 485 approval and thereby delay your wife 485 applicaton w/o jeopardizing a hypothetical situation that ur case may get approved b4 u get a chance to apply for your wife's 485.

given the history of USCIS's erratic way of approving cases, I would caution that u exhaust all options before contemplating delaying your/wife's case case. again, i dont know all ur case details and all ur reasons for delaying to apply for spouse's 485...so its hard for me to make the best judgment but give it a long thought.

also, given ur 140 RD date, I am guessing ur PD is after 1/2002? and u r EB3 right? meaning the retrogress will affect u. no one knows when USCIS will provide another list when the dates after 1/1/2002 will become current for EB3. given this and someone correct me if I am wrong but u may not be able to apply for ur wife 485 after 1/1/2005 bcoz her PD will be same as urs(primary) and it will not be current. so she may not get a EAD and therefore not be able to work at will until she can apply for her 485.

so u really have about another 15 days to get all this done and given the timeline, i wud jump the gun and suggest dont worry abt getting ur wife's medicals...just get her application to USCIS before 12/31 or sooner (preferable) and get an A# for her.

good luck
 
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praytx said:
also, given ur 140 RD date, I am guessing ur PD is after 1/2002? and u r EB3 right? meaning the retrogress will affect u. no one knows when USCIS will provide another list when the dates after 1/1/2002 will become current for EB3. given this and someone correct me if I am wrong but u may not be able to apply for ur wife 485 after 1/1/2005 bcoz her PD will be same as urs(primary) and it will not be current. so she may not get a EAD and therefore not be able to work at will until she can apply for her 485.

so u really have about another 15 days to get all this done and given the timeline, i wud jump the gun and suggest dont worry abt getting ur wife's medicals...just get her application to USCIS before 12/31 or sooner (preferable) and get an A# for her.
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Thanks for ur comments but I'm getting confused over those last few words.
I'm not trying to delay my wife's 485 application by any means.

I've not read the threads on retrogession and thats why I dont understand
why my wife's 485 needs to go out before 12/31 Could you please explain? why will I not be able to apply for her 485 after 1/1/05? Also is it possible to just send out her application without medicals?
Please advise. Thanks.
 
fast_gc_seeker,

I still do not know your priority date, but lets assume its sometime after 1/2002 and you are on EB3. do a search on this forum for PD related articles and u will find lot of links explaining PDs and how they work.

in ur particular case, your wife is a dependent beneficiary of your 485 application and will keep your PD (sometime after 1/2002). The way PD works is you will not be able to apply for 485 for any of your dependents after 1/1/2005 because of the EB3 retrogression announced by USCIS recently. You will become eligible to apply for dependents' 485 when your PD becomes current...anyone's guess here it cud be 6/05 or 1/07...who knows?

in the meantime, u cannot get other 485 related benefits like EAD,AP,etc for your dependents. so if ur wife is planning to work then she cannot work on EAD but wud be able to on her own H1 or other work category.

so basically, u have abt 15 more days to get your wife's and any other dependents application to USCIS. if you do not do it before 12/31/2004, you may end up waiting a long time (whenever ur PD becomes current).

as for the medicals, they will issue a RFE when the case comes up for adjudication, do the medicals then and respond to the RFE and u shud be able to move on. Depending on what u got going on in the next two weeks, u may be short of time if u try to get the medicals now and then send the application.

hope that helps. good luck.
 
praytx said:
fast_gc_seeker,

I still do not know your priority date, but lets assume its sometime after 1/2002 and you are on EB3. do a search on this forum for PD related articles and u will find lot of links explaining PDs and how they work.

in ur particular case, your wife is a dependent beneficiary of your 485 application and will keep your PD (sometime after 1/2002). The way PD works is you will not be able to apply for 485 for any of your dependents after 1/1/2005 because of the EB3 retrogression announced by USCIS recently. You will become eligible to apply for dependents' 485 when your PD becomes current...anyone's guess here it cud be 6/05 or 1/07...who knows?

in the meantime, u cannot get other 485 related benefits like EAD,AP,etc for your dependents. so if ur wife is planning to work then she cannot work on EAD but wud be able to on her own H1 or other work category.

so basically, u have abt 15 more days to get your wife's and any other dependents application to USCIS. if you do not do it before 12/31/2004, you may end up waiting a long time (whenever ur PD becomes current).

as for the medicals, they will issue a RFE when the case comes up for adjudication, do the medicals then and respond to the RFE and u shud be able to move on. Depending on what u got going on in the next two weeks, u may be short of time if u try to get the medicals now and then send the application.

hope that helps. good luck.
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RD for labor,140,485 are all in year 2004 so my PD should be after 1/2002.

Yes I'm EB3 candidate and I was not aware of EB3 retrogression. Does this mean
if my spouses 485/AD/AP application is sent after 01/01/05 it will be denied or
not considered until my PD becomes current? Could you please explain. Thanks.
 
I'm a citizen of India and my EB3 485 is under process. I've read it in some other threads that only primary 485 will not be considered as result of
this retrogession. Is this true? will dependents 485 be considered?

Please let me know as I've to apply for spouse 485 ASAP.
 
fast_gc_seeker said:
RD for labor,140,485 are all in year 2004 so my PD should be after 1/2002.

Yes I'm EB3 candidate and I was not aware of EB3 retrogression. Does this mean
if my spouses 485/AD/AP application is sent after 01/01/05 it will be denied or
not considered until my PD becomes current?
-----YES, file her I-485 ASAP no more questions
Could you please explain.


Thanks.
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fast_gc_seeker said:
RD for labor,140,485 are all in year 2004 so my PD should be after 1/2002.
------ if the RD(reciept of Labor) is 2004 then your PD is 2004, PD is the date your LC was Recieved by SESA or SWA, if your PD is after jan1 2002 then your I-485 will not be approved till the PD is current for you and file your wife I-485, with her valid I-94 copy, I-485 form, your I-485 filing reciept, her medicals, her 2 photographs (new style) copy of marriage certificate, copy her passport pages, Affidevit of support, Form 325A, correct I-485 fees+Fingerprinting fees. also send her AP and EAD application forms USCIS fees, photographs. Her I-485 MUST reach USCIS Before December 31, 2004
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ginnu said:
fast_gc_seeker said:
RD for labor,140,485 are all in year 2004 so my PD should be after 1/2002.
------ if the RD(reciept of Labor) is 2004 then your PD is 2004, PD is the date your LC was Recieved by SESA or SWA, if your PD is after jan1 2002 then your I-485 will not be approved till the PD is current for you and file your wife I-485, with her valid I-94 copy, I-485 form, your I-485 filing reciept, her medicals, her 2 photographs (new style) copy of marriage certificate, copy her passport pages, Affidevit of support, Form 325A, correct I-485 fees+Fingerprinting fees. also send her AP and EAD application forms USCIS fees, photographs. Her I-485 MUST reach USCIS Before December 31, 2004
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Thanks Ginnu. One more quick question...her medicals will not be ready before 12/31/04 so can I send just all documents and send medicals later?..
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fast_gc_seeker said:
Thanks Ginnu. One more quick question...her medicals will not be ready before 12/31/04 so can I send just all documents and send medicals later?..
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You can file I-485 without medical. Then either you can send it later proactively (there is is good chance that it will be misplaced by USCIS). Or you can wait for the RFE for medical and reply RFE with complete medical report.
 
fast_gc_seeker,

just send her 485 application and dont mention anything about medicals. USCIS should generate a RFE for the medicals when they get to her case. u can provide the information at that time and respond to the RFE.

good luck
 
praytx said:
fast_gc_seeker,

just send her 485 application and dont mention anything about medicals. USCIS should generate a RFE for the medicals when they get to her case. u can provide the information at that time and respond to the RFE.

good luck
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My employer is making excuse that medicals are not ready so it might be a problem
sending the 485 package.

I've the required list of documents and forms. Please advise if I can directly send it
to VSC without any help from my company. Thanks.
 
fast_gc_seeker said:
My employer is making excuse that medicals are not ready so it might be a problem sending the 485 package.
------ your employer is not lawyer, why you involve employer for your wife I-485 filing?? make sure the i-485 fees is correct and fingerprinting fees is correct and send coreect fees for EAD,AP, send the pakage today with out medicals.



I've the required list of documents and forms. Please advise if I can directly send it
to VSC without any help from my company.
----no help from company needed just attach your I-485 reciept copy and write on the cove letter that your wife I-485 should be attached to your pending I-485 reciept#>>>>>>>> and A#. make sure your wife sign all the forms, send it today so that it reacheson time and she gets reciept ASAP. SEND IT WITH CERTIFIED RETURN RECIEPT or fedex to the correct address of service center.
Thanks.
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