Gurus Please help.

[nirupa_18]

Hi guys,

I have applied for I-485 in July 2007 and I am current from July 1. I got married in 2010 and my spouse is on L1B. We have filed his I-485 on 07/01/2011 but no receipts yet.

His boss is forcing him to go back to India in 2 months. Can he quit the job and stay in USA, after getting his receipts, even though not working.

His I-94 is expiring in Dec,11 and can he start working once after receiving EAD?

Thanks a lot.

Nirupa

[pontevecchio]

He can quit and wait for the EAD as long as the AOS application is on file before the current I94 expires.

[user_Goun]

What status are you in currently. if you are in either L1 or H1B, your spouse can apply change of status to L2 or H4 once his employer terminates his employment. This way he can stay in status until he gets his EAD.

[nirupa_18]

Hi,

Thanks for your replies. I am on EAD now. So no dependent visa is possible. Once he gets his receipts can he quit the Indian company and stay in USA.

Thanks,

Nirupa

[pontevecchio]

At the roisk of repetition

"He can quit and wait for the EAD as long as the AOS application is on file before the current I94 expires"

[nirupa_18]

Thanks for the reply.

I have one more question, when the checks will be cashed as I have sent it on 07/01/2011 and on 07/07 we got the SMS/E-mail alert stating that application is accepted. But the check was not cashed, is this usual and when we can expect FP notice for him.

Can I raise SR on my case, when his application is pending.

[pontevecchio]

Since the dates are current only from this month I would give it some time before getting an INFOPASS appointment. Your spouse should be getting a receipt quite soon. The FP may take a few weeks.

[nirupa_18]

thanks for the quick reply. My worry is the check was not cashed yet. When do you think the check will be cashed.

Thanks,

Gouri

[pontevecchio]

It does not matter. Once he gets the receipt in a few days he is fine. As regards the GC it may take upto 6 months or so for your GC to arrive though usually much sooner.

[pontevecchio]

Soon. It may take up to 6 months for your GC to arrive though usually much sooner.

[PD_Oct2006]

Hi nirupa_18, you said you got SMS before your check got cashed, how is that possible? Did you get receipt number for your I-485 before the SMS?

Please let me know because I am in same boat as you in terms of filing date.

[nirupa_18]

sorry for the confusion, my check was cashed today. He got the SMS yesterday with receipt #. When he is going to get FP notice?

Shall I wait for the FP notice for him or I can raise SR after 10 days.

[pontevecchio]

Once you get the receipt you need to wait for 3 months before you enquire.

[Shurap1]

Originally posted by nirupa_18:

sorry for the confusion, my check was cashed today. He got the SMS yesterday with receipt #. When he is going to get FP notice?

Shall I wait for the FP notice for him or I can raise SR after 10 days.

Why you are in so much hurry for FP as he as already received the I485 receipt. Just file EAD and AP applications if not done already so.