Spouse using EAD when switch happens from NIW I-140 to regular I-140

L

lostlamb

Registered Users (C)
My physician Spouse is on NIW, I-140 approved, 485 is pending approval due to required the 5 year period of service in a Medically Underserved Area. She is on H1-B currently.

My 485 has also been filed and both of us have EADs, though we haven't yet used them. My current status is H4.

As an option, we are planning to file for PERM /I-140 and then switch the basis of the 485 which has already been filed, from NIW to regular I-140. Certain Centers I believe do this.

Question: I as her dependent, would like to use my EAD to start working. Do you see any problems with my situation once the basis of her 485 switches from NIW to regular I-140? I understand that once the basis of 485 switches from NIW to regular I-140, the spouse's EAD gets impacted? I am unable to get a definite answer for this.
 
Hi

Hi,
I am in a similar situation. I am a physician who has NIW approved and 485 pending. My LC is approved , but I am afraid NSC wont let me to switch the 485 to LC 140. MY wife needs EAD to work as her H1 is over by 2007. I asked my high profile lawyer who says she is not sure.( I pay huge money just to hear her say that she can not guarantee the transfer!!).
Jay
 
jay 2005:
This month my lawyer sent letter to USCIS for interfilling (TSC). I will keep everybody informed of the outcome.
My situation is similar to yours except that I am dealing with TSC which has a better track record regarding this particular issue.
 
Hello,
I Am In A Similar Situation And My Lawyer Wrote A Letter For Switching The Basis Of I 485 From Niw I140 To Labor Based I 140 In Nov05 Tsc And Have Not Heard Anything Yet? Would You Be Able To Post A Copy Of Your Letter From The Lawyer Requesting A Switch ?? Can Any One Suggest Is There A Way To Contact Ins Regarding the OUTCOME??

Appreciate Responses
 
my understanding is the one can interchange 485NIW with labor 485 as long as 140 for both have been approved and after three years of waiver are over
 
To lalala

HI,
i have this question. Now, if the NIW I 140 is approved ( 485 is attached to NIW I 140) and the LC I 140 is applied after retrogression comes into effect, Now after the LC I 140 is approved, can we interfile the 485 and attach it to LC I 140? I am with NSC.
Should I get infopass and talk to someone at NSC about this?
Many thanks,
jay2005
 
Jay,

Yes, as long as NIW I-140 priority date is applied to the LC I-140, you should be able to interfile.

*************************************

HI,
i have this question. Now, if the NIW I 140 is approved ( 485 is attached to NIW I 140) and the LC I 140 is applied after retrogression comes into effect, Now after the LC I 140 is approved, can we interfile the 485 and attach it to LC I 140? I am with NSC.
Should I get infopass and talk to someone at NSC about this?
Many thanks,
jay2005
 
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