Form I-485

I-485 and Divorce

Question details

If both husband and wife are on EAD and waiting for I485 approval, how does it effect the status of i485 for the spouse of one of them decides to divorce?

If the divorce occurs before the 485 approval, the derivative spouse is no longer entitled to a green card

Guestbook Entry for Krishnaiah Kashaboina, United States

Name
Krishnaiah Kashaboina
Country
United States
State
PA
Comment

I am so much thankful to this Office since they started my case. This Office did my I-140. It is approved and I-485 approved. This Office has taken care of each and every step at all levels with great care without mistake. This office so much helpfull. I am so much thankful to Mathew and Bharathi for their help. I would like to explain how much this office helpfull. I was forced to change the employer to keep my job lost December 2008. I asked this office to file AC-21. They asked me get consent from my previous employer as this office is having agrement with previous employer. Then previous employer did not accept it. Then I consulted other Attorney. They agreed to file my AC21 with G-28 form. My case is transferred to my new Attorney. I got query on my I -485. The query has my new attorney name, they sent it to this office instead of my new attorney. This Office immidately took care and informed by phone and mail irrespective name of attoney on the query letter. I was not in office and I did not see mail. And not replied to mail. Then they called me on cell phone at least 4 times on the same day. Unfortunately my cell phone was not working properly. They left me 4 voice mails. I saw voice mails in the night. This indicates how much this office is helpfull. I always respect quality of work and helping nature. This Office has got every thing to deal cases. Please do not think about fee. I always suggest to go with this office and forget your case. They will take care of you in all aspects. I am gratefull to Mathew and Bharathi. The help is priceless. Thank You.

SCOPS Updates - 09/23/09

Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.

I-485 AOS Pending, Employer's Bankruptcy

Question details

My company (an LLC) is filing Chapter 11 Bankruptcy to restructure debt. They are planning to emerge out of Bankruptcy filing as a "C corp" company. We were told that there wont be any interruption to the day-to-day business.

1. How does it effect my H1B visa and GC application (filed I-485 - pending)?

2. Do I need to re-apply (transfer) H1 B to the new company or can I send an amendment?

3. Do I need to file AC 21 portability or send an amendment to pending I-485 application?

1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.

2. An amendment should be filed, though it is debatable if it is required.

3. In my view, AC21 port is easier.

Extension of Comment Period for Form I-485 and Supplements A and E

[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request