You need PD current for EB2 to apply for I485 which is not the case. Applying for I140 premium or not, even approval in the ame day you send the application will not make dates available for you.
it is the date of application of I485, either concurrent or separate, which determine the approval supposed that PD is current and obviously the I140 is approved by that time.
Family reunion in the dictionary of USCIS and may be every where means reunion with spouses and kids less than 18 years or so. This has nothing to do with parents, brothers, friends .....etc
She is the dependent on your aplication, she will have your PD and your category. You can not make any changes before, now or in the future and she has to wait till she receive her card, obviously if the PD becomes current again. Meanwhile as you may know, she can apply for EADs and APs to work...
Mary when ever you want, this has nothing to do with her immigration status and will not put her in status or out of status. The important question you did not answer is : Is she subject to the 2 year home country or not? If she is subject, then the situation is not that as you want to be. If...
Since her J expired, she has one month grace period to return back.
If she is not subject to the 2 year home country, then she can have another visa like F and come back
She cannot switch now to anything as you said “she is not J any more”
You can marry her, apply for I130 after you become...
Around 6-9 months from the date of application not the date of I140 approval if every thing else is OK (security check, no RFE, ....etc) which is the case in ~80% of cases.
Congratulations. Post more information regarding for how long you have been in the out of status, if any criminal history, working w/o authorization ....etc
Every one post in this forum knows very well he/she can hide some facts, lie, .......etc. The advice they need is: How to make things completely legal with no harm now or in the future whatsover. You will be handed a form to fill your vists, how long each vist was, your criminal history, your...
This is a common scenario and completely unwise to do. What if they send you to secondary inspection for any reason and discovered you lied; you will make a U turn to taking the same flight back with no GC.
If she is in H4 status and the stamp is expired, she can apply for new stamp overseas and come with it with almost no issue except that stamping may be delayed for months as happened to few cases. Sending AP overseas is not a good idea giving the fact of multiple cases which get lost and the...
permanent residence is not equivalent to EAD. EAD is the weakest document you can seek job with unless you continue already established work with visa then you convert to EAD. It is weak because it is tied to pending application and could become invalid any second the pending application denied.
Do not worry about all that. The best action is not to apply for H4 for her at all, you (or your employer) will save the fees and immediately will be invalidated if she work with any EAD. The pending I485 is much better than the handicapped H4 visa and if any problem happens to your pending GC...
You can apply any time after you join the program or after you finish it and return to home country whichever is convenient to you. Do not mention your marriage plan because this is an immigration intent which may adversely affect the waiver.
She suppose to apply for I485 for herself (form, fees, medical exams .....etc). She should also apply for her own I485 based EAD to continue work.
Once her H4 is approved, she can not use her J2 based EAD anymore and she should take unpaid vaccation till she receive the other EAD (This is in...
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