CIS Ombudsman Update to Resolve Pending Derivative Form I-485s Due to File Separation
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
If both husband and wife are on EAD and waiting for I485 approval, how does it effect the status of i485 for the spouse of one of them decides to divorce?
If the divorce occurs before the 485 approval, the derivative spouse is no longer entitled to a green card
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.
I am so much thankful to this Office since they started my case. This Office did my I-140. It is approved and I-485 approved. This Office has taken care of each and every step at all levels with great care without mistake. This office so much helpfull. I am so much thankful to Mathew and Bharathi for their help. I would like to explain how much this office helpfull. I was forced to change the employer to keep my job lost December 2008. I asked this office to file AC-21. They asked me get consent from my previous employer as this office is having agrement with previous employer. Then previous employer did not accept it. Then I consulted other Attorney. They agreed to file my AC21 with G-28 form. My case is transferred to my new Attorney. I got query on my I -485. The query has my new attorney name, they sent it to this office instead of my new attorney. This Office immidately took care and informed by phone and mail irrespective name of attoney on the query letter. I was not in office and I did not see mail. And not replied to mail. Then they called me on cell phone at least 4 times on the same day. Unfortunately my cell phone was not working properly. They left me 4 voice mails. I saw voice mails in the night. This indicates how much this office is helpfull. I always respect quality of work and helping nature. This Office has got every thing to deal cases. Please do not think about fee. I always suggest to go with this office and forget your case. They will take care of you in all aspects. I am gratefull to Mathew and Bharathi. The help is priceless. Thank You.
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