Printable View
The 180 day grace period is granted by 245 (k) which allows an employment based case to have a combined total of 180 days out of status and unauthorized employment since their last admission to the USA before submitting the I-485.
Beyond that, the person becomes ineligible to adjust status in the USA and must Consular Process their immigrant application.
There is a memo about it here http://www.immigration.com/sites/def...29_14Jul08.pdf
I hope that helps
Can anyone tell me from their experience how much is the total expenses on filing for your spouse who is a derivative to your application? My wife's company is only sponsoring for her filing and not mine so I am trying to get a ballpark on how much money i need to shell out.
Is this scenario common?
FrenzyRider
Applied Wife's GC on 15th June 2011.
Called USCIS to ask for update on 20th July 2011.
22nd July got email for biometrics for 26th Aug 2011.
Called USCIS again around 5th Oct 2011. [They raised an RFE for BC (did not know what they wanted.. unnecessary delay)]
Sent RFE on 6th Nov 2011 [Sent all the documents that could prove her birth..]
Nov 16th 2011 got Approved - Card Production Email..
Still waiting for the card.. it took 5 months to get my wife's approval after I applied her GC..
Hope this information is helpful to others who are in the same boat..
All the best..
Thanks,
Ted
Hi Gurus ..here is my situvation -Please help me.
My Daughter is 10 years Old now( On H-4), USCIS rejected her I-485 when filed initially with my 485-application
(during 2007 fisco- EB3, PD : 09/01/2006)due to incorrect fee and they asked us resubmit it when dates are current,
we tried couple of times after that but USCIS sent back both times asking us to re submit it when dates are current.Since my EB3 PD is not current, we are unable to submit her application so far.
In 2011 April ,I have started my EB3-EB2 porting.
Labor filed on April -2011 , approved on June -2011.
I -140 EB2 Applied on Oct-11 requesting EB2 PD date Porting, Approved on - 12/01/2011We are waiting for this I-140 approval notice so that we can file Interfiling request along with my Daughter 485 application. But this friday 12/16 - I have received an email from USCIS stating that 485 cases(me and wife) are approved.
Not sure what happens to my daughter status now? Does she become out-of status?
Can i still file her I-485 as my dependent? please share any experiences or suggestion how to approach this?
Hi Tedtom,
How did you file your wife's I-485 after your Approval? I am in similat situvation for my Daughter...Please let me know the process..
here is my case::
My Daughter is 10 years Old now( On H-4), USCIS rejected her I-485 when filed initially with my 485-application (during 2007 fisco- EB3, PD : 09/01/2006)due to incorrect fee and they asked us resubmit it when dates are current, we tried couple of times after that but USCIS sent back both times asking us to re submit it when dates are current.Since my EB3 PD is not current, we are unable to submit her application so far.
In 2011 April ,I have started my EB3-EB2 porting.
Labor filed on April -2011 , approved on June -2011. I -140 EB2 Applied on Oct-11 requesting EB2 PD date Porting, Approved on - 12/01/2011 as per On-line Case Status. We haven't received I-140 aproval notice as of now. We are waiting for this I-140 approval notice so that we can file Interfiling request along with my Daughter 485 application. But this friday 12/16 - I have received an email from USCIS stating that 485 cases(me and wife) are approved.
Not sure what happens to my daughter status now? Does she become out-of status?
Can i still file her I-485 as my dependent? please share any experiences or suggestion how to approach this?
who would be the best lawyer?
thanks,