on TN now--going to H1-B soon & Wife has already Aslyee Pending I-485---Please advise

[omer_60]

I am a canadian citizen born in Africa. I have been working with a TN visa.
I met my wife and got married after she has filed her green card application (I-485) in December 2003 as an asylee. We got married in May 2004.

Now, my employer is going to file an H1-B for me next year. My employer advised to leave my wife out of this H1-B application and let her go through her process otherwise she will be pulled off her current application processing and tied to me. Does this make sense? My plan is to get Labor Certification and file the green card after i get the H1-B (through the employer of course).

I am hoping there is somebody out there in the same situation who can share experience.

If i leave my wife out of this H1-B, would i be able to include her when i am applying for the green card?

 

[TheRealCanadian]

If i leave my wife out of this H1-B, would i be able to include her when i am applying for the green card?

Of course. Since your wife has a filed I-485, there is exactly ZERO value for her to go onto an H-4.

 

[omer_60]

Thanks RealCanadian!! & Others who are reading my thread

I have been on TN for 4 years. Do you think it is possible to go to H1-B and then back to TN in case i have to?

My employer is ok with getting me the H1-B, but gave me some mixed signals as far as taking it to the next level. They say they will do the H1-B (no hesitation) but I will need to pay for the lawyer fees and other fees for doing the Labor Certification, I-140/I-485, etc.
Their arguement is that i told them there is no problem with the visa when they were interviewing me (of course, i was referring to TN). We didn't discuss about sponsoring me for the GC at the time.
Oh!!..as far as who needs who!!...They need me more than i need them. Go Figure
What the level of education, work experience and certification/licenses i have accumulated, i could find another job in no time if need be

Option1: Stay with the company, get H1B and pay the GC process myself

Option2: Stay with company until i get my H1B, then get another job right away where i make sure this time that they should file LC/I-140/I-485


What would you do?

 

[TheRealCanadian]

I have been on TN for 4 years. Do you think it is possible to go to H1-B and then back to TN in case i have to?

Sure, I did so.

They say they will do the H1-B (no hesitation) but I will need to pay for the lawyer fees and other fees for doing the Labor Certification, I-140/I-485, etc.

That's perfectly reasonable and fair, provided you select the attorney. I paid for almost all of my GC fees out of pocket, and it made life simpler because there was no question in the attorney's mind who the real client was.

Option1: Stay with the company, get H1B and pay the GC process myself
Option2: Stay with company until i get my H1B, then get another job right away where i make sure this time that they should file LC/I-140/I-485

With retrogression, visa limits and changes in the law and economy, the best time to start the GC process is now, not at some vague point down the road. If you have to pay ~$5000 in legal fees that is a small price to pay.