spouse based GC

R

rakuch

Registered Users (C)
THis is my current situation

My H1 is expiring in 4 months and I am waiting for my I 485 approval. My spouse will be adding my name before my spouse's
I 485 is approved. So I will be having 2 GCs ( employment based and spouse based) going parallel or rather I shud say 2 I485 processing.

What is the best way to go to remain in status here.

Should I go on H4 since my spouse has not gone for EAD yet
OR
apply for my EAD via spouse based GC

I need to do something before my H1 expires.
Also I am not counting on my GC at all as I do not know when will the local INS office call me for the interview since the case was transferred from VSC to local INS office.


Urgent replies requested.
 
rakuch

If you could post some relevant details, maybe someone can make an attempt to answer your queries.
 
more information

Well the thing is that my employment GC was sponsored by Comp A who filed my I485 after I left them to join Company B.
Now the problem is that my H1 will expire before I may get approved and Hence I am going for spouse based GC.
What is important for me is that my prime concern is to be in status as compared to getting EAD. So my question is how can i remain in status . Is it if I am filed as a dependant via spouse based GC or shud I go for EAD via spouse based EAD.

Urgent answers requested.
 
Re: more information

Originally posted by rakuch
Well the thing is that my employment GC was sponsored by Comp A who filed my I485 after I left them to join Company B.
Now the problem is that my H1 will expire before I may get approved and Hence I am going for spouse based GC.
What is important for me is that my prime concern is to be in status as compared to getting EAD. So my question is how can i remain in status . Is it if I am filed as a dependant via spouse based GC or shud I go for EAD via spouse based EAD.

Urgent answers requested.
Click to expand...

rakuch

--Well the thing is that my employment GC was sponsored by Comp A who filed my I485 after I left them to join Company B.--

Did you Transfer your H1 or did you work with EAD? That will determine the rest of the issues.

-- Now the problem is that my H1 will expire before I may get approved and Hence I am going for spouse based GC--

Yes you can have multiple applications with INS. But sometimes it creates Confusion.

--What is important for me is that my prime concern is to be in status as compared to getting EAD--

If you have already filed I 485 you ARE in status, but to continue working you will need either to renew the H1 or Get an EAD.

--So my question is how can i remain in status . Is it if I am filed as a dependant via spouse based GC or shud I go for EAD via spouse based EAD--

H1 is more Expensive and a lenghtier process, EAD is Cheaper, Faster, and gives you more Flexibility. In your case EAD would be best option. and like I said earlier as long as you have filed I 485, you are in Status, until a descision has been made in your case.

Hope this helps
 
more queries

Thanks for the prompt response

Well here are the answers to the questions

I transferred my H1 from Company A to company B and I do not have a EAD but compant B will not be renewing my H1 anymore.

So I guess the best option for me to be in status is to get EAD via spouse based GC. Right?

Do you have any idea as to how much time it's going to take when the lawyer sends my case to INS after adding my name for the spose based GC?

Ishud be fine as long as the INS receives my form before my spouse's I485 is approved.
 
Re: more queries

Originally posted by rakuch
Thanks for the prompt response

Well here are the answers to the questions

I transferred my H1 from Company A to company B and I do not have a EAD but compant B will not be renewing my H1 anymore.

So I guess the best option for me to be in status is to get EAD via spouse based GC. Right?

Do you have any idea as to how much time it's going to take when the lawyer sends my case to INS after adding my name for the spose based GC?

Ishud be fine as long as the INS receives my form before my spouse's I485 is approved.
Click to expand...

rakuch

If you have already applied I 485 why not apply EAD on your case itself, why wait to add name to spouses I 485.

If you feel your Spouses case is stronger than your case, then go ahead add your name to your spouses application.

But you can still apply for an EAD based on your case as long as you have a I 485 filed with INS, that would be more simpler and faster.
 
reply

I cannot apply for the EAD via my employment based GC as company has decided not to hire me later. so this has complicated my GC process. I mean I cannot go for EAD via my employment based GC.
If I add my name along my spouse's name then will my status be converted from H1 to H4 ? I am ready to go for H4 status because I guess by the time I get my EAD via spouse based GC my H1 will be over.

so what is the best option for me right now keeping in mind that a valid status is more imp for me than a work permit at the moment
 
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