I-130/i-485

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LegalAlien99

Registered Users (C)
Dear friends,

I have a question for all of you who have already gone through the process. If I file I-130 and I-485 simultaneously for my wife how does the spiel work? She is currently in the U.S. on a H1B which will expire 09/30/07.

If I file now, here is the processing timeframe I am looking at:

I-130 at Vermont Service Center, now processing 02/05/2006

I-485 at Washington, D.C. DO, now processing 11/29/2005

If I do the math correctly, my wife's 485 will still be pending by the time her H1B expires on 09/30/07. If that happens, will she have to return to Germany or will she be under some kind of 'protected status' while the DO processes the I-485? Would she be covered under a filed I-765 based on an approved I-130 while the adjustment of status (I-485) is pending?

Any input appreciated. Thanks in advance.

Cheers!

Legal
 
She will be OK.
If you file I-130 and I-485 she can legally remain here untill she gets her GC. Even after the H1-b expires.
I think she does not even have to apply for a EAD since her H1-B is still valid unless it expires.
Make sure she gets Advance Parole for travel out of the US.
 
machelon said:
She will be OK.
If you file I-130 and I-485 she can legally remain here untill she gets her GC. Even after the H1-b expires.
I think she does not even have to apply for a EAD since her H1-B is still valid unless it expires.
Make sure she gets Advance Parole for travel out of the US.
Click to expand...

Actually she does not need AP at all until the H1B expires ---- she can validly work on that and travel on that visa. However, if she decides to apply for EAD, then she will forego H status and will need to apply for AP if she wants to travel.
 
pianoplayer said:
However, if she decides to apply for EAD, then she will forego H status and will need to apply for AP if she wants to travel.
Click to expand...

She also has to use her EAD by signing an I-9, right?
I'm asking because I applied and got EAD and traveled outside the US while case is pending.
I was re-admitted with no question asked.
 
sarrebal said:
She also has to use her EAD by signing an I-9, right?
I'm asking because I applied and got EAD and traveled outside the US while case is pending.
I was re-admitted with no question asked.
Click to expand...

Correct ---- just applying for and receiving an EAD does not change your nonimmigrant status. Only when the person signs the I9, does he/she forego H1B status.

Note: even if the person stays in the same job(with H1B), but applies for a second job on EAD, the EAD has to be used for all future and current employment.
 
Thanks to you all! This is very helpful information. I think we will be ready to file in a week or two.

Best,

Legal
 
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