Need u r suggestions- applying dependents I485

[jee]

I need your suggestions on my situation and below is the same.

1. Priority date (04Oct2006) is current in June bulletin

2. Applied labor & I40 with previous employer.

3. Applied I485 in July 2007 ( applied I 485 before marriage) with previous employer

4. Joined other employer on Sep 2009

5. Not applied AC21 portability to new employer.

Now my priority date is going to be current as of June 1st, so need to file I-485 for my wife. Based on my situation could you please suggest the best approach to apply dependent's I485. i.e Apply dependent I485 from previous employer or through my new employer asking for AC21 along with employment verification letter).

Appreciate your help in advance.

[lagasmt]

I think i'm on the same boat, except few differences.

1. Did you make sure that you joined the new employer only 180 days after your I-140 was approved?

2. Did you transfer your H1 to new employer (or) used EAD?

3. Is the I-140 petition from old employer still active? check.

If you want to go back to your old employer, you need an AC21 again, because you've already moved to a new employer using AC21 provision meaning: your new employer has the stake in your immigration file now and can carry forward with your immigration file with the approved I-140 from your old employer.

Your wife can file a derivative petition with your new employer's EVL. Also AC21 notification.

I'm not sure, if you can file AC21 letter, EVL, your wife's I-485 all together as one package.

Refer to the answers by "BELLE" under the post title "I-485 - Question - Need help"

[snannapaneni]

we have a similar situation.

In August 2006.

1. Employer A

2. I was Single.

3. Files I-140 and I-485 concurrently.

4. Schedule A expired.

5. Application moved to Eb3.

Married in 2008.

April 2010.

1. Employer B (Moved in June 2007).

2. New I-140 filed in EB2, approved.

3. Ported EB3 PD of Aug 2006.

May 2011.

1. PD will be current in June 2011.

2. I need apply I-485 for my spouse.

Do I need to re-apply for I-485 and G-235a.

[lagasmt]

No need. You've already ported your PD successfully.

Your spouse can apply I-485 and no action required from you.

As long as your latest I-140 (from employer B) is approved and active.

Good luck

[snannapaneni]

Thanks for the reply.

My attorney says since I am married now, I must apply for I-485 and G-235a.

I am kinda confused. I want to do this myself instead of paying $700 bucks.

Are you sure the principal applicant does not need to apply for I-485 since the status has changed? Sorry to be a pest.

Thanks in advance.

[Belle]

Id your lawyer saying you need to file a whole new I-485 (with $1,070 fee) or just an ammendment? You can update G-325 yourself on your current I-485 filing, but I would just wait to see if the USCIS isses an RFE for updated information. I did not see anywhere that the USCIS requires you to refile or update info if your personal circumstances change.

[lagasmt]

Earlier, I've interpreted differently. Need more details.

In August 2006.

1. Employer A

2. I was Single.

3. Files I-140 and I-485 concurrently. -- What happened to this I-140, was it approved and if so, when? (give exact date)

4. Schedule A expired. -- What's this? explain.

5. Application moved to Eb3. -- Why, you weren't qualified for EB2?

Married in 2008.

April 2010.

1. Employer B (Moved in June 2007). Did you use AC-21?

2. New I-140 filed in EB2, approved. --- When was it approved?

3. Ported EB3 PD of Aug 2006.

May 2011.

1. PD will be current in June 2011.

2. I need apply I-485 for my spouse.