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Likely No Change Except Early I-485 Filing Allowed

Discussion in 'Filing for AOS with an approved I-140' started by cuckoo, Nov 23, 2014.

  1. vgmsrj

    vgmsrj New Member

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    Thanks s_gan for your reply
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your wife is an H1B, and wants to get an H4 EAD, she is going to have to first do a change of status to H4 (this assumes that you are in good standing as an H1B). After that, she can apply for an EAD. She can cut down on the time by going abroad and getting an H4 visa, rather than doing a change of status.

    If you are going to file for adjustment of status, please understand that your wife can apply at the same time and get an EAD through that process.
     
  3. vgmsrj

    vgmsrj New Member

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    Thank you Ron for your reply
     
  4. amang

    amang New Member

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  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, there is nothing new on those pages.
     
  6. EB2Aug2011

    EB2Aug2011 New Member

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  7. EB2Aug2011

    EB2Aug2011 New Member

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    Also reading in
    http://faq.visapro.com/EB2-Green-Card-FAQ2.asp

    What privileges do I enjoy on EB-2 Employment based immigrant visa?
    On EB2 immigrant visa, you may:

    • Reside permanently in the U.S.
    • Work in the U.S.
    • Travel freely in and out of the U.S.
    • Apply for dependent visas for your spouse and unmarried children under 21 years
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Nothing new.
     
  9. groot

    groot Member

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  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    For immigrants, dependents have always been unmarried children under age 21. If something else was up there, it was wrong.
     
  11. RealisticOptimist

    RealisticOptimist Member

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    Positive remarks from President Obama speaking at the business round table. seems EAD for I 140 is very much on

    http://www.whitehouse.gov/the-press-office/2014/12/03/remarks-president-business-roundtable

    "There was a limit to how much we could do on that front through executive action because something like H-1B visa numbers are clear, statutory, not subject to a lot of executive interpretation. But, for example, we could administratively make sure that folks who had been approved for green cards, that process was accelerated so that they weren’t stuck and their employers weren’t hobbled in terms of utilizing those personnel in a more efficient, effective way. So that’s component one, and I know that’s a preeminent interest to this room."
     
  12. binu2007

    binu2007 Senior Member

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    I would say this whole so called "Executive Action" is an eye wash.. at least nothing is going to happen for next six months. He could have done an "Executive Order" for Legal immigrants waiting for decades paying all the taxes. Its real stupidity that on 2007 applicants were able to file 485 and get their EAD.. and people who's approved I-140 who could not file 485 for various reasons are still on H1 B for more than a decade. Another stupidity is keeping H4 visa holders as house wife or in house arrest. Do you think present administration don't understand all these suffereings.. then better they are not ruling the country.. they are enjoying personal comfort.

    Foolish and blasphemy and selfishness of immigration voice I***** made the spillover law interpretation change.
     
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  13. yamanoor

    yamanoor Guru

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    The President cannot just show up at the 2nd floor balcony of the White House and throw green cards out for everyone. The thing that happened in 2007 had nothing to do with Bush I believe. Interestingly enough conjugally inclined immigrants who arrive here on H1-Bs fully understand the implications of bringing in H-4 dependents. Plus it is the present administration that has finally done something about that as well.

    Even after repeated explanations, if this is the conclusion you were able to arrive at, I am truly sorry for you. A review of similar postings reveals that some people just want to blame Barack Obama for both the system and their own decision to participate in it. How we can keep claiming that "legal" immigrants can come here and fill much needed employment gaps when essential logic seems to be out of grasp for some, I don't know. I am sorry, but I am writing this out of exasperation over all this pollution.
     
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  14. s_gan

    s_gan Super Moderator

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    How someone sees this executive action actually depends upon how long they have been in the line. If you have not been in the line for more than 5 years then you are likely to be optimistic.
     
  15. s_gan

    s_gan Super Moderator

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    Ron,

    Can USCIS change the FB spillover rule to benefit only backlogged EB categories ?

    If EB1, EB4, EB5 categories are not backlogged, I dont see why they should get a share of the spill over numbers. is this something that can be done by rule change ?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no FB spillover rule. FB numbers fall down into the next category. EB has been getting anywhere between 5,000 and 15,000 numbers each year from the previous year's unused FB numbers. EB unused numbers first spill over then fall down to the next category. EB5 numbers "fall up" to EB1 and flow down from there.
     
  17. s_gan

    s_gan Super Moderator

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    Is there a law that states FB Numbers should be added distributed equally to all EB categories ?
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I had to edit this response as I made a mistake. Since the number of additional visas is known at the start of the fiscal year, it is added to the EB quota. Note that the difference preference categories are shown as percentages of the total.
     
  19. sigler

    sigler Junior Member

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    How are FB visas ending up unused when there are huge backlogs in FB categories?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It has to do with the allocation formula.
     

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