kel.n.issy

Just need some advice as my companys Immigration dept are not very good at clear explanations.

I am currently on H1b wife and kids on H4

currently going through labor conditions which was started Nov 07 FOR GREENCARD EB3

How does the process work with regards to getting my wife in a position to work with an EAD.

I thought that once labor condition approve you could file i-140 and also I- 485 and at that point we could apply for ead for wife to be able to work.

The immgration lawers tell us you cant file I-485 until priority date is current and its currently Jan 05 so basically are we talking another 3 yrs before she can work at all.

The H4 is killing her and her line of work and no degree means she cant gain sponsership in her own right.

I am not undermining the Lawers just want to see if we have any other options.

ta

Folinskyinla

Hi:

Upon what information are you suggesting that the wait will be another 3 years? You don't say. All you know is that the priority cut-off date is 3 years in the past. If you have information that it will take 3 years to reach your cut-off date, reasonable people might like to know.

chicagojlo

It sounds about right (the waiting bit, can't comment on priority dates). That is referred to as the H4 nightmare on this forum, there are plenty of H4 spouses pulling their hair out.
I don't believe there is a way around it. That's why it always pays to do your own research when it comes to these things (too late for you now but for future reference...)

scrubbedexpat099

Could use the time to get a degree, I believe that is OK on a H4.

kel.n.issy

Hi:

Upon what information are you suggesting that the wait will be another 3 years? You don't say. All you know is that the priority cut-off date is 3 years in the past. If you have information that it will take 3 years to reach your cut-off date, reasonable people might like to know.


PLEASE EXPLAIN WHAT YOU MEAN - SURELY IF THEY ARE NOW PROCESSING JAN O5 THEN THATS A 3YR TIME SPAN.

I DONT UNDERSTAND WHAT YOUR TRYING TO SAY

KEL

chicagojlo

It changes all the time. Until very recently the current date was 02 or 03. The fact that they are doing Jan 05 now doesn't necessarily suggest it will be another 3 years. It could be 1 year or it could be 10. There is no way to know.

ladyofthelake

Last month's bulletin it showed Nov 02, so it's leapt forward 2 years and 2 months in the space of a month.

So you can't assume a wait of 3 years because the date is 3 years in the past.

BTW, typing in caps is considered shouting and not nice.

kel.n.issy

Sorry I didnt mean to seem rude - I didnt even realise my caps lock was on - So there is no way of knowing how long the wait is going to be ?

Kel

ladyofthelake

That's it in a nutshell.

vptracker

Basically, for your wife to be able to work she will need EAD, which she can only apply for once your I-485 has been submitted/accepted. You can only submit your 485 when your Priority date is current. In other words, she can submit her own derivative 485 and receive EAD benifit based on your 485 application.

You are correct in your statement that LC (Perm) needs to be approved before submitting your I-140. Once your LC is approved, you can submit your I-140.

If at the time your LC is approved *and* your PD is current, you can file your 140/485 concurrently (a good thing!). IF your LC is approved an your PD is not current, you can only submit your 140.

http://www.path2usa.com/immigration/...green_card.htm

The above site has what I have found to be a good generic description of the green card process, albeit that references to processing times are a little out of date and should not be relied upon.

As mentioned above by other posters, her only choices are to get a work visa on her own merits or wait for the ability to get EAD based on 485 application.

dave2702

Basically you have to wait for the Visa Bulletin to say that they will be accepting applciations for Nov 2007. Until then you'll have to keep renewing your H1/H4's. At least once the I140 is approved you'll be able to extend the visa to 3 years at a time

Best hope is what happened last summer and the INS made all sections current for one month, then you can get the I485 in which will allow you to get the EAD's.

But be warned it is a waiting game until recently there were prople on this board who'd been waiting years for their priority date to become current and it's annoying when the priority date retrogresses

**Edit** If the I1485's do become current it is possible to submit the 485 even if the 140 isn't approved which means you can get your EAD's but it won't go any further until the 140 is approved.

Folinskyinla

Hi:

You already got the answer -- I am trying to encourage people to THINK a bit. Actually, what you did is to assume there is a direct correlation between the current cut-off date, your priority date and how long you have to wait.

I'll give you a common analogy -- you are in line to get tickets for a popular movie. You know how long the show, maybe how many seats in the theater -- you can judge what show you will get into by viewing how many people are in line. Of course, some people may give up and go home, some may be hold in place for a party of ten. And off course, there are those

The visa quota's operate somewhat the same way. However, rather than telling you how many people are ahead of you, they just tell you who will get in to the current show by the time they got in line -- information you don't have.

Also, it is complicated by the fact that the cut-off's are computed by the Visa Office of the Department of State -- and CIS has been withholding information for Department of State on pending adjustments. It pays to remember that CIS doesn't care about anybody -- including fellow government agencies.

scrubbedexpat099

Not a direct correlation, but the only correlation you have.

Folinskyinla

Hi:

I happen to agree. But the correlation leads to incorrect conclusions.