Form I-485

Questions on AC21, EAD, losing job, etc.

1. On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed. What is the real value of CIS issuing EADs to people like me? Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD? Does having an EAD permit me to work multiple jobs? 2. Does having an EAD permit me to work multiple jobs? 3. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct? 4. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’? 5. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application? 6. Do I lose EAD and AP? 7. My wife is working using her EAD…will she lose her EAD? 8. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done? 9. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?

1A.  Yes.

2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).

3A. Correct. You are in authorized period of stay. That has been explained in my blog.

4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Turning 21 and I-485 pending

I am turning 21 on July and I filed my I-485 on sep 2007, I wanted to know if there is a problem with me turning 21 while my I-485 is pending or if the child status protection act applies to me.

Speak with your lawyers. You will be protected to some extent by CSPA.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-485 pending and after 6 months laid off

I-485 pending and after 6 months (so AC21 portable). Laid off. H1-B revoked but I-140 not revoked. Since it was very hard to find a job in US, I found a job outside the US temporarily in Sept 2009 and stayed there till now. Can I still enter US on AP?

The way I see it, until and unless your AP or 485 is revoked, it is legal to use both.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Current USCIS procedures for PD transfer and AOS

Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file 1.EB3 PD,2002 2.EB2 PD,2005. They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now. Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.

I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Priority Date For Indians

I have LC approved and 1-140 approved last year April. How do I know when I can file I-485? Is USCIS going to let my employer know about it? Also what is the priority date for Indians who are current?

USCIS does not inform. You should keep track of the priority dates. See the Visa Bulletin each month: http://www.immigration.com/visa-bulletin

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-485 and Divorce

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

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Krishnaiah Kashaboina, United States

Name: 
Krishnaiah Kashaboina
State: 
PA
Green Card: 
Country: 
United States
Comment: 
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.

Guestbook Entry for A. Ahluwalia, United States

Name: 
A. Ahluwalia
Nonimmigrant Visas: 
Green Card: 
State: 
IL
Country: 
United States
Comment: 
I was in need of direction and help on my immigration complications and Mr. Khanna was very patient and prompt in explaining the entire case and steps involved to me. I highly recommend their law office to all who need help and advise related to immigration.

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