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07-05 08:44 AM

I filed my 485 in Dec 2004.My PD is June 2004.
Got married in 2005.

If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.

What would be my Options.

Please advice.

if you got married before the approval of I-485 you can file for your spouse's 485 even after your 485 id approved. Search for "follow to join" clause, this has it covered.

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05-18 05:06 PM
I think someone has given you incorrect information.

A visitor can stay for a maximum of 6 months (180 days - unless person is given earlier date in I-94, which is not usual) At a stretch. If person returns before 180 days, he/she can come back within a day and get a new I-94 and again can stay for 6 months (180 days or the date written on new I-94).

So, person's stay is not governed by number of days in a year, but by the date which is written on I-94. As long as she gets new I-94 with new date, she can stay until that date.

As a side note, what you are confusing with is the tax requirements, which is: If you are claiming a person to be your dependent, he/she must have stayed in the country for atleast 6 months in a calendar year.

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08-07 06:43 PM
..if you really feel so arrogant about it, so be it. I realize there is no point talking/debating/discussing anything with you because you are rarely rational in your responses.

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04-13 12:41 PM
Hi all,

I am from North Carolina and I am applying for ITIN for my wife along with 1040.

I understand I need to send 1040 & ITIN to the ITIN address:

Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX 78714-9342

Being from NC, the mailing address for my 1040 is:

Internal Revenue Service Center
Atlanta, GA 39901-0002

I should be using ONLY the ITIN address for my this year's tax return and not the address for Atlanta, GA. Am I correct?

Once IRS send me the ITIN for my wife in 4-6 weeks, I should use that to submit my state return (where I am getting a refund). The state return would happen only after the deadline of Apr 17 because its only then that I shall get an ITIN for my wife.

Please advise.



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04-19 08:26 PM
Hi all,

I understand there have been several threads in the past discussing the use of EAD for part time work while using H1 for the full time job. There were different views expressed by the group at that time.

Has there been a consensus on this issue?


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04-07 06:28 PM
what do you think folks?
Is he the "one" to relieve us of the current mess...

....and how? Do you think ppl from would publicize us too somehow? :-)


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11-03 03:39 PM
For the more sophisticated types, you can do a carry trade by shorting USD in the Fx markets and putting the proceeds in a Brazilian short term bond which yields 9.5%. Everbank in Nevada issues a Brazilian bond by an AAA rated German bank. Not government backed debt but the underlying instruments are all government bonds.

The net of transaction costs is a yield pick up of about 7.5% and your money invested is Zero. Of course there is no such as a free lunch and you need to have accounts with the ability to seamlessly trade Fx and other instruments. Plus you will have the risk of default on your shoulders.


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07-16 01:50 AM
So are these different from the finger prints that we take for EAD? For people who got their priority date current, do they ask for a separate finger prints again? Does anyone can shed some light on this?

I got the same question?

Anybody? any ideas?


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04-09 02:48 PM
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.

Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.

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02-19 09:24 PM
I am yet to read the details. For the benefit of members here can you post an abstract of the link here? Then we can take it from there. Thanks.
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006


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02-20 01:04 PM
I think the processing time for I-485 at NSC is complete BS. Its hard to believe that they have pre-adjudicated all the employment based applications received in July-Aug'07.

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07-21 02:31 PM


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Blog Feeds
11-10 03:40 AM
AILA provided a very important update from the State Department, we wish to share with our readers.

The Department of State has issued comprehensive new policy guidance on the use of DNA testing in the visa application process. This new guidance is set forth in a new set of extensive Notes to 9 FAM 42.44.

In this new guidance, the State Department declares DNA technology to be the only acceptable non-documentary method for proving a biological relationship. The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab.

According to the Department, DNA testing is expensive, complex and time consuming and thus should be recommended only if no other credible proof of the claimed relationship exists. Consular officers should treat DNA testing as a last resort: all other possible methods for confirming the existence of a biological relationship must be exhausted before recommending this course of action. Even then, DNA testing may only be recommended, but never required by the consular officer.

Consular officers may recommend DNA testing solely to prove a relationship; they may never recommend DNA testing in an attempt to disprove a relationship. Only DNA test results reporting a 99.5 percent or greater degree of certainty as proof of a biological relationship between a parent and child may be accepted in visa cases.

The Department clarifies that consular officers adjudicating Form I-130 Alien Relative petitions ( not authorized to approve the petition if DNA test results are the sole evidence of the claimed biological relationship. Such cases are not "clearly approvable" per the provisions of 9 FAM 42.41 N4.2-3; accordingly, they must be forwarded to USCIS for adjudication. Parenthetically, USCIS is authorized to approve I-130 petitions supported solely on DNA testing.

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08-07 02:02 PM
If you are going to Nogales after 7th year extension, even if you get 3 years of h1, Nogales consulate gives visa for 1 year.

I have talked to Visa Officer he refused to give me for 3 years and he told me that it is the policy of Nogales consulate.

best of luck.


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There is a strong reason why we are urging people to join the State Chapters.

Please join your State Chapters and start getting active.


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05-06 02:09 AM
You need to be present in US at time of applying for the extension and when its approved. Said that in your case I think it would be fine to start H1B extension process after you are back. May be to be safe you can try doing it premium(if company is ready to spend extra money) as it gets done usually in less than a month.

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08-22 05:53 PM
i submitted my 485 one month ago but still haven't got receipt. I just got a new job offer from a big company, which i really dont want to reject. if i transfer my h1b now, will be 485 get rejected immediately? or my h1b transfer will be rejected? thanks for your advice!

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09-18 04:42 AM
It depends on your Service Center. For TSC, you can have your EAD after 11 weeks from Receipt. For NSC, you can have your EAD after 12 to 14 weeks from Receipt.

Yeah, it could be on October or early November.

05-02 11:41 PM
Has anyone paper filed for renewal of EAD and AP together?
I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
Please advise.

Blog Feeds
07-07 08:40 AM
With the recent implementation by U.S. Citizenship and Immigration Service (USCIS) allowing concurrent filing of Form I-360 Religious Worker Petition and Form I-485 Adjustment of Status Application, most applicants want to know what documents to submit with an adjustment of status (AOS) application.

Persons with a pending I-360 religious worker petition are now eligible to file an AOS application before September 9, 2009. The AOS application is used by persons who are in the United States to apply with USCIS to adjust to permanent resident status.

Along with the Adjustment of Status Application on Form I-485, one must remember to submit:

a copy of the I-360 receipt notice,
two passport style photos,
a copy of the applicant’s passport,
a copy of the applicant’s birth certificate (along with a certified English translation if the document is not in English), and
a medical examination report performed by a designated civil surgeon.
If an AOS applicant has ever been arrested then a court-certified copy of all arrest records and the final disposition of the case is required (excluding traffic tickets).

Individuals between the ages of 14-79 are also required to submit a Biographic Information Sheet on Form G-325A.

The most important thing to remember before sending the AOS application is the filing fee! Do NOT forget to submit a check or money order to the U.S. Department of Homeland Security in the amount of $1010. No additional fee is required for Form I-765 Employment Authorization Application and for Advance Parole on Form I-131 if filing with an AOS application.

Call us at 214-999-9999 and we will be happy to answer your questions.

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