Visa Bulletin

[Attorney_22]

Hi,

As per Oct 2015 VISA bulletin I am eligible for filing adjustment of status. I am planning to file my spouce's application along with me. However I am not sure if I can file for adjustment of status for my minor son.  He is 10 years old.

Here is real question:

If my wife and I get EAD as part of filing I-485 after next few months then we can travel to home country using AP(Adance parole). That will allow us to skip VISA stamping and related unwanted issues.

If it is not allowed to file I-485 for my son then there is no question of EAD(10 year old not expected to request for employment authorization).

If we want to skip his VISA stamping as well similar to us then what should be done?

 

I have another subsequent question as:

Last month we applied for EAD(H4) for my spouse. Now we are about to file for I-485 adjustment of status based on cut off date. Will that cause any issues to pending H4 EAD application?

 

Your inputs with regards to aforesaid questions will be higly appreciated.

 

Thanks

Thumbad

Being ten years old does not limit your son's eligibility to file an adjustment of status application. To discuss EAD vs H1B and H4EAD v AOS EAD, please schedule a consult. 

[Attorney_22]

Dear Attorney,

Based on my PD Sept 2010 I will now be eligible to file I-485.

I have a very specific question about the DOB to be mentioned in all of the USCIS documents which needs to be filed.

Birth Date in my passport is 05/19/XXXX and in Birth certificate it is 05/17/XXXX.

05/17/XXXX is the correct DOB. But all other existing documentation like I-797 and I-94 are all based on the passport DOB.

Can you please clarify what DOB should I mention while filing I-485 and what will be its impact on I-485 adjudication.

Birth Certificate is controlling. 

[Attorney_22]

Can the Attorney please let us know if we need to do medicals for the DF Eligible priority date?

Although not specifically required to file, it is advisable to include medicals with the AOS application. 

[Attorney_22]

Dear Attorney,

 

I've a specific question on date of birth certificate similar to the one asked above. "place of birth" in my passport is different from my birth certificate. Is it okay?

 

Thanks

Birth Certificate is controlling.

[Attorney_22]

Dear Attorney,

 

My PD is may'2011 and I am eligible for applying I-485 as per new bulletin.

I've a question on EAD. I've recently applied for EAD for my wife based on the new H4-EAD rule. It is in process.

Do I still need to apply for the EAD for her now?

 

Also when do we apply for EAD & AP, is it along with I-485 or after?

 

Thanks 

N Chandra Sekhar

To discuss EAD vs H1B and H4EAD v AOS EAD, please schedule a consult. 

[Attorney_22]

Hi,

 

I have an I140 aproved from employer A , and I am currently working for employer B . As per the new Visa Bulletin I am eligible to apply for EAD  . Employer A is willing to file my EAD , will it be a problem if I get the EAD from employer A and work for Employer B . When my date becomes current will Employer B be able to File for AOS.

To request an EAD based on a current/eligible to file priority date, you also must file an AOS application. Additionally, your AOS intent must be accurate at the time of filing. Therefore, if filing based on company A's I-140 your intent must be to work for company A when the green card is approved, and company A must have the intent to hire at that time. 

[JoeF]

Dear Attorney,

 

My PD is may'2011 and I am eligible for applying I-485 as per new bulletin.

I've a question on EAD. I've recently applied for EAD for my wife based on the new H4-EAD rule. It is in process.

Do I still need to apply for the EAD for her now?

 

Also when do we apply for EAD & AP, is it along with I-485 or after?

 

Thanks 

N Chandra Sekhar

 

The VB just changed, and you won't be eligible to file n October.

http://www.murthy.com/2015/09/25/newsflash-dos-revises-october-visa-bulletin-eb2-india-01-jul-2009-filing-cutoff-date/

[1990]

Hello,

 I am on f2 visa right now.planning to change to f1 to pursue masters..thinking to go to india for visa stamping what if my f1 gets rejected can i come back on f2 which is valid till 2017?

                                                                                                                                                                                                         Thank You