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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 06-21-2012, 10:49 AM
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Default Complex Situation !!!!

Situation -

1) Husband and wife on EB2 EAD. Wife derivative
2) Both I-485 pending for more than 180 days
3) Wife upgrades to EB2 & ports earlier date with new approved I-140


Question -

1) Does the wife become Principal and Husband Derivative?
2) Can wife change employer after she gets the new I-140 approved? Does the wife need to abide by 180 day rule now?
3) What if wife's employer revokes the new I-140 after she leaves the employer, before 180 days are over of EB2 I-140 approved?
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  #2  
Old 06-21-2012, 10:54 AM
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Dude every immigration problem is complex. Your thread title could have been descriptive.
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  #3  
Old 06-21-2012, 10:56 AM
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Quote:
Originally Posted by Desi Dude View Post
Situation -

1) Husband and wife on EB2 EAD. Wife derivative
2) Both I-485 pending for more than 180 days
3) Wife upgrades to EB2 & ports earlier date with new approved I-140


Question -

1) Does the wife become Principal and Husband Derivative?
2) Can wife change employer after she gets the new I-140 approved? Does the wife need to abide by 180 day rule now?
3) What if wife's employer revokes the new I-140 after she leaves the employer, before 180 days are over of EB2 I-140 approved?
Are there 2 sets of I485s filed?
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  #4  
Old 06-21-2012, 02:12 PM
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Desidude - Can you first update your profile?

AFAIK you can only have one I-485 pending at any given time.

1) Yes assuming you are on EB3 and your wife will have a better & faster chances of getting her petition approved - She becomes the principal and you the beneficiary.

2) Yes she has to abide the 180 rule from the date of filing I-485

3) Its better to stick with your employer until 180 Days after your Green Card.

I would highly suggest you to consult an experienced attorney as my knowledge is hear say and book read.

Quote:
Originally Posted by Desi Dude View Post
Situation -

1) Husband and wife on EB2 EAD. Wife derivative
2) Both I-485 pending for more than 180 days
3) Wife upgrades to EB2 & ports earlier date with new approved I-140


Question -

1) Does the wife become Principal and Husband Derivative?
2) Can wife change employer after she gets the new I-140 approved? Does the wife need to abide by 180 day rule now?
3) What if wife's employer revokes the new I-140 after she leaves the employer, before 180 days are over of EB2 I-140 approved?
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  #5  
Old 06-22-2012, 12:03 PM
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This is a complex situation coz its rare, havent seen such a situation before.....

Just wanted to clarify further.....

There is only one I485 for Husband and one for wife. It doesn't make sense to file a new I-485, that will just confuse USCIS.

The main question is, does the wife have to abide by 180 day rule again after the new I-140 is approved and interfiling email is sent.
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  #6  
Old 06-22-2012, 12:43 PM
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Can you first update your profile?

You are missing the point - You cannot have two I-485 for one family (One for Husband & One for Wife)
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  #7  
Old 06-22-2012, 12:56 PM
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Quote:
Originally Posted by rayoflight View Post
Desidude - Can you first update your profile?

AFAIK you can only have one I-485 pending at any given time.

1) Yes assuming you are on EB3 and your wife will have a better & faster chances of getting her petition approved - She becomes the principal and you the beneficiary.

2) Yes she has to abide the 180 rule from the date of filing I-485

3) Its better to stick with your employer until 180 Days after your Green Card.

I would highly suggest you to consult an experienced attorney as my knowledge is hear say and book read.

You can have more then one 485 pending at any time. Only one 485 will get approved. In our case, we had 2 sets of AOS applications filled, one through my wife with me being the derivative and another one where I was primary and she was derivative. The one with the earlier date was approved and the other was automatically suspended. Its always safer to do this if both of you are on H1 as you can always move to the other application if one gets rejected.

USCIS does tag the applications together when you have more then 1 set of 485 and approves the one with the earlier date.
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  #8  
Old 06-22-2012, 02:14 PM
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Default

I am getting contradictory answers.

There is only 1 set of I-485 and no plans to file another set. The only thing changing is now the wife is becoming the Primary and Husband Derivative. I wanted to discuss the impacts of that. The tricky part is when wife becomes primary and immediately leaves her employer.
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  #9  
Old 06-22-2012, 02:29 PM
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I am not 200% sure about having two applications is OK. Its best to check with an attorney. AFAIK you cannot have two pending I-485.

Quote:
Originally Posted by redcard View Post
You can have more then one 485 pending at any time. Only one 485 will get approved. In our case, we had 2 sets of AOS applications filled, one through my wife with me being the derivative and another one where I was primary and she was derivative. The one with the earlier date was approved and the other was automatically suspended. Its always safer to do this if both of you are on H1 as you can always move to the other application if one gets rejected.

USCIS does tag the applications together when you have more then 1 set of 485 and approves the one with the earlier date.
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Called Senators and Congressmen/women to support the Murray Amendment and HR Bills

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Disclaimer: Please consult an experienced attorney for the best consultation in your matters as my knowledge is hearsay or book read & am not a licensed attorney.
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  #10  
Old 06-22-2012, 02:31 PM
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I think it is very risky for the primary to leave the employer right after filing for her I-485. She needs to be with the company for atleast 180 days before joining another company.

Please consult an experienced attorney for the best consultation in your matters.

Quote:
Originally Posted by Desi Dude View Post
I am getting contradictory answers.

There is only 1 set of I-485 and no plans to file another set. The only thing changing is now the wife is becoming the Primary and Husband Derivative. I wanted to discuss the impacts of that. The tricky part is when wife becomes primary and immediately leaves her employer.
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Called Senators and Congressmen/women to support the Murray Amendment and HR Bills

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  #11  
Old 06-22-2012, 02:39 PM
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Quote:
Originally Posted by rayoflight View Post
I am not 200% sure about having two applications is OK. Its best to check with an attorney. AFAIK you cannot have two pending I-485.
Well to make you sure, we had two applications, and only one EAD and AP attached to the application where each of us Primary. Got approved two years back.
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  #12  
Old 06-22-2012, 02:46 PM
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Yes technically you can file two I-485's but CIS doesn't like or encourage multiple 485's as per my attorney and few other well versed with the Immigration Law. Glad it worked out for you.

Quote:
Originally Posted by redcard View Post
Well to make you sure, we had two applications, and only one EAD and AP attached to the application where each of us Primary. Got approved two years back.
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