I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.
Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.
Status
Quote: I just got a letter from USCIS that I need to appear for a I-485 interview. I had applied my green card under the EB-XX. To update you i had an arrest record in 2005 for a domestic violence battery case, which was later dismissed in court. Also you might be aware my wife is currently in india, and we are under separation. She will join me on (XXX date) if she agrees for marriage counseling. Under these circumstances I had some questions which I wanted answers for: Please let me know your response.
Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?
Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
1. I see few cases where CIS has sent an RFE to ask for Employment Verification Letter (EVL). When does this typically happen?
2. For cases where in the EVL was already sent along with the I-485 application, what are the reasons usually for CIS asking EVL again?
3. I had taken an Infopass few months ago, and they had said my I-485 application is pre-adjudicated. What does this mean?
1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.
2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).
3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.
Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.
I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you
I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.
Excellent and Timely job by Aruna, Prerna & Bhrathi And Timely & Accurate advice by "The Big" Mathew. We got our anxiety put to rest in respect of our daughter's college admission with pending GC. last night we got our "card production ordered" email from CRIS. Today we are truly global residents with Indian background, New Zealand citizenship and now PR of United States. Thanks to R Khanna and his incredible staff and ofcourse my employer Multivision Inc. who have supported throughout the GC process going beyond the business.
Shiva B &
Family