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Popcorn
10-30-2003, 06:21 AM
How long after the i-140 & I-485 are filed, you would get the temprory EAD.
Both me and my husband have applied for GC. We applied for labor aug
2002(virginia) . Our 6th year H1 gets over by april 2004. We are going to
extend it for the 7th year. After getting the temprory EAD can my husband
switch jobs ??? In this case is he abondoning this GC process because he is
using the EAD ( Which comes from my GC process )????

What are documents needed for filing I-140 AND I-485?. We both dont have
birth certificates. What do we do in that case?

Anu

Sylvia Ottemoeller
10-31-2003, 06:38 PM
"Popcorn" <nagarajan_a@bls.gov> wrote in message
news:bnr6oo$71j$1@blsnews.bls.gov...
How long after the i-140 & I-485 are filed, you would get the temprory
EAD. Both me and my husband have applied for GC.

You can check the processing time for the I-765 based on I-485 for USCIS-VSC
at http://www.shusterman.com/pdf/vsc.pdf. It seems to be about 3 months
right now.

We applied for labor aug 2002(virginia) . Our 6th year H1 gets over by april 2004. We are going to extend it for the 7th year. After getting the temprory EAD can my husband switch jobs ???

Yes.

In this case is he abondoning this GC process because he is using the EAD ( Which comes from my GC process )????

No. His I-485 will be a derivative of your I-485, connected to your I-140,
and it is irrelevant what his nonimmigrant status is, as long as he
maintained valid status. If you do it this way, he will never file a Form
I-485 based on his I-140. In fact, his employer never needs to file Form
I-140, because the labor cert filing in itself allows for the 7th year of
H-1B.
What are documents needed for filing I-140 AND I-485?. We both dont have birth certificates. What do we do in that case?

Don't even think about doing this yourself -- hire a good immigration
attorney. You can check the USCIS website, under the form numbers, for some
kind of instructions and lists. But you can't figure out exactly what USCIS
is looking for from websites or laypersons' advice. You really need an
experienced immigration professional to go over your particular case. The
information about what to do if you don't have birth certificates may be
found here: http://www.travel.state.gov/reciprocity/index.htm. Still, have
a good immigration attorney go over the documents.

JohnCindy
11-01-2003, 09:59 PM
H1 expiring 6/04, what to do for H1 extension?



How long after the i-140 & I-485 are filed, you would get the
temporary EAD.

--- After you file I-485 or I-140 and I-485 concurrently normally EAD is
issued in 3 months. BCIS will look at the documents submitted with I-140
and review I-140 if it is approvable then issue EAD, NSC many time issue
EAD and later denied I-140 and I-485 many cases are being denied by VSC
and NSC because of 3 years BS degree. For more info go to
www.immigrationportal.com and go to thread “ I-140 issues)

Both me and my husband have applied for GC. We applied for labor aug

2002(Virginia) .

--- Your employer has only applied LC and LC is the first step for
GC ,once LC gets approved from federal DOL then you have to file I-
140 and I-485

Our 6th year H1 gets over by April 2004. We are going to

extend it for the 7th year.

After getting the temporary EAD can my husband

switch jobs???

--- Yes, your husband can join any employer in US and can do any job if
hired, once he uses EAD he will not be on H4 status and have to enter US
next time by Advance parole (AP)

In this case is he abandoning this GC process because he is

using the EAD (Which comes from my GC process)????

---- NO, if he goes out of US he should be back to US before his
AP expires.

What are documents needed for filing I-140 AND I-485?.

Go to www.immihelp.com you will find the list of documents
to be filed with I-485

We both don’t have

birth certificates. What do we do in that case?



--- If you are from India then you have to get non-availability
certificate from municipality or village panchayat or district registrar
of Birth and death records AND 2 affidavits from your parents/ elderly
relatives on 10 rupee stamp paper signed by notary public or executive
Magistrate.( each person has to get non-availability+ 2 affidavits) non-
availability certificate may be in Indian language and you should get it
translated in English from Notary public on10 Rupees stamp paper

Go to www.immihelp.com and search for sample documents and
read Adjustment of status


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