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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1  
Old 10-03-2007, 04:19 PM
rajev_kk rajev_kk is offline
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Priority Date
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Feb-04
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Default My Wife's Application - Follow-up to my I-485 Application.

Can I file my Wife's 485, EAD Application as a follow-up to mine? I could not file her's at that time as we were not married then. I do not want to wait until my PD becomes current. That am not sure, how long that would take. Could you please let me know if there is any way out.

Thank you.
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  #2  
Old 10-03-2007, 04:23 PM
EndlessWait EndlessWait is offline
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Priority Date
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Mar-05
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Default sorry but i dont think its possible

that is wht PD is used for. now u'd better to keep urself on h1 and ur wife on h4. dont use ead. and pray that ur gc doesnt come before ur pd becomes current..

but i think there is a 60 day rule to file at the time if ur gc comes to add ur spouse..

PS: crazy rules and laws are responsible for our sad lives
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  #3  
Old 10-03-2007, 04:24 PM
senk1s senk1s is offline
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Priority Date
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Jan-05
Category
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I140 Mailed Date
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08/15/2007
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India
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:
08/15/2007
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Default only when PD is current

AOS can be applied only when PD is current ... I think the same rule applies for family members as well. check with your/an attorney
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Disclaimer: NOT Legal Advice


Jan 2005 - EB3-PD
140/485/EAD/AP - Applied concurrently (Nebraska)

Aug 16, 2007 - RD, Oct 3, 2007 - ND (all case #s are LIN-08-00)
FP date Nov 6 (done)
i765 self and spouse - approved Nov 23
i131 self and spouse - lud Oct 9, Jan 30, Jan 31- doc mailed email Feb 4

i140 - lud Oct 4, Dec 18
i485 self and spouse - lud Oct 9, Nov 7, Dec 18
i765 self and spouse renewal e-file ND/RD -Jul 28 FP Aug 16 Cards recd Aug 28

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  #4  
Old 10-03-2007, 04:40 PM
vnsriv vnsriv is offline
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Priority Date
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Jan-02
Category
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N/A
I140 Mailed Date
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07/12/2003
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India
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I-485
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:
07/12/2003
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Default

Quote:
Originally Posted by rajev_kk View Post
Can I file my Wife's 485, EAD Application as a follow-up to mine? I could not file her's at that time as we were not married then. I do not want to wait until my PD becomes current. That am not sure, how long that would take. Could you please let me know if there is any way out.

Thank you.
Good Luck
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Disclaimer: NOT Legal Advice

Primary
PD: June 15th 2002 - EB3 (India)
I-485(Self) : July 14, 2005
GC Recd: Jun 29th 2007

Secondary
Spouse(Derivative)
NSC 485/EAD/AP: RD/ND Jun 12th 2007: July 9th 2007FP : 08/22/2007,
EAD Received : 09/20/2007
AP : Approved 10/4/2007; Received 10/30/2007
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  #5  
Old 10-03-2007, 04:56 PM
rajev_kk rajev_kk is offline
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Priority Date
:
Feb-04
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I140 Mailed Date
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Default senk1s. Thanks But.

Thanks but, on a H4 she cannot work. She is highly educated and it would be extremely frustrating if she is not able to work. Is there any alternative way other than waiting for the PD becoming current? Does consular processing help. Would it help if I go and meet the USCIS Director and bring to his notice about this situation. This does not make sense at-all that somebody has to sit at home just because the dates are not current. Any solution to this problem please?
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  #6  
Old 10-03-2007, 04:57 PM
immi_seeker immi_seeker is offline
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Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
04/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: May 2006
Posts: 121
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Default

Quote:
Originally Posted by rajev_kk View Post
Can I file my Wife's 485, EAD Application as a follow-up to mine? I could not file her's at that time as we were not married then. I do not want to wait until my PD becomes current. That am not sure, how long that would take. Could you please let me know if there is any way out.

Thank you.
You can apply for her only when your PD becomes current.So as soon as your PD comes current immediately apply with out wasting time. In that case you can avoid a race condition where your Gc is approved before you apply
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  #7  
Old 10-03-2007, 04:59 PM
larmani larmani is offline
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Priority Date
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Jan-07
Category
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EB2
I140 Mailed Date
:
04/01/2007
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India
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I-485
I485 Mailed Date
:
07/02/2007
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Default

It is not possible if your PD is not current. You may apply for H1 in April 2008.
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  #8  
Old 10-03-2007, 05:01 PM
fromnaija fromnaija is offline
Senior Member
Priority Date
:
Sep-06
Category
:
EB3
I140 Mailed Date
:
10/30/2006
Chargeability
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Nigeria
Processing Stage
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I-485
I485 Mailed Date
:
06/30/2007
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Default

Welcome to the world of H4 visa. That's what most spouse are going through!

Quote:
Originally Posted by rajev_kk View Post
Thanks but, on a H4 she cannot work. She is highly educated and it would be extremely frustrating if she is not able to work. Is there any alternative way other than waiting for the PD becoming current? Does consular processing help. Would it help if I go and meet the USCIS Director and bring to his notice about this situation. This does not make sense at-all that somebody has to sit at home just because the dates are not current. Any solution to this problem please?
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- Pat Paulsen
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  #9  
Old 10-03-2007, 05:05 PM
Ram_C Ram_C is offline
Member
Priority Date
:
Feb-05
Category
:
EB2
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
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Join Date: Sep 2007
Posts: 88
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Default

Quote:
Originally Posted by rajev_kk View Post
Thanks but, on a H4 she cannot work. She is highly educated and it would be extremely frustrating if she is not able to work. Is there any alternative way other than waiting for the PD becoming current? Does consular processing help. Would it help if I go and meet the USCIS Director and bring to his notice about this situation. This does not make sense at-all that somebody has to sit at home just because the dates are not current. Any solution to this problem please?
absolutely NO other way, your PD must be current to apply your spouse's AOS application, sorry for being blunt but it is what it is. yes it is frustrating to be home being highly educated /qualified waiting for visa bulletins month after month year after year, welcome to the world of retrogression.

and wish you the best
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Last edited by Ram_C; 10-03-2007 at 06:34 PM.
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  #10  
Old 10-03-2007, 05:12 PM
dpp dpp is offline
Senior Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
08/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
Compare
Join Date: Jul 2006
Posts: 305
dpp will become famous soon enough
Default

Quote:
Originally Posted by rajev_kk View Post
Thanks but, on a H4 she cannot work. She is highly educated and it would be extremely frustrating if she is not able to work. Is there any alternative way other than waiting for the PD becoming current? Does consular processing help. Would it help if I go and meet the USCIS Director and bring to his notice about this situation. This does not make sense at-all that somebody has to sit at home just because the dates are not current. Any solution to this problem please?
Yes, it is frustating, but thats what many high-skilled wifes did that till this July/Aug 2007. It is not just you alone, there are somany people with somany skills, suffered already. Law won't permit that. You should have married before Aug 17 as it is deadline for I-485 filing. Now the options are staying at home till your PD becomes current or applying for fresh H1 in Apr 2008 so that if selected in lottry, she can start working from Oct 2008. Sorry to your situation, but thats what it is.
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