Discussion in 'Filing for AOS with an approved I-140' started by cuckoo, Nov 23, 2014.
Thanks s_gan for your reply
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.
Thank you Ron for your reply
Came across this link on another forum.
This link calls eb2 spouse as e21, but e21 used to be the principal applicant
Has the code changed? Does this mean anything to us, for people waiting to be current?
No, there is nothing new on those pages.
Is this new one or does it exists before?
Also reading in
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
There seems to be a difference, The dependent children age has been changed to 21 from 18. Is that something new or just website update to match the existing rule.
For immigrants, dependents have always been unmarried children under age 21. If something else was up there, it was wrong.
Positive remarks from President Obama speaking at the business round table. seems EAD for I 140 is very much on
"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."
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.
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.
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.
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 ?
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.
Is there a law that states FB Numbers should be added distributed equally to all EB categories ?
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.
How are FB visas ending up unused when there are huge backlogs in FB categories?
It has to do with the allocation formula.
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