URGENT: 245k applicable?

S

sr1971

New Member
Hi

I would greatly appreciate any inputs or ideas for this situation.

My company applied for my EB1, my 485 recently got approved and I got my plastic card as well. I had also applied for my wife as a derivative along with my 485 application in Sept 06. She was on a valid L1 visa at that time, working for another company.

She is still awaiting her approval.

She had applied for COS to H1 (effective Oct 1) with another company but never joined that co. and continued in the same L1 job. We were told that in such circumstances the L1 is no longer valid after Oct 1. I have two questions:

- Is there a possible remedy so that my wife can get her 485 approved?
- Does 245k apply to the time period after Oct 1 till now?
- She got her EAD in Nov. 06? Does this automatically come into effect? Is she working legally now?

Thanks for your time.
 
sr1971 said:
- She got her EAD in Nov. 06? Does this automatically come into effect? Is she working legally now?
Click to expand...

That would seem reasonable. She's using the EAD to work for the old H1 employer, and in the worst case there's 30 days of unauthorized employment. No biggie.
 
Thankyou Real Canadian... appreciate you taking time to reply and help out.

I suppose my understanding is correct that 245k may be applicable then.

Cheers.
 
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