Your wife can come to US on TD & if your priority date is current for your employment based classification & country of chargeability, You both can file I-485 concurrently with I-140. Keep in mind country of chargeability is linked to your country of birth not where you are citizen of.
If you...
Find out thru your employer/attorney whether it is EB2 or EB3 PERM. If it is EB2 then you can file multiple I-140's i.e. EB2 and/or Eb3 but if it is EB3 PERM you can file only EB3 I-140.
By the way none of the categories is current in either Feb or Mar 2023, so you need to wait few more months...
Since you already filed I-485 and your current STEM OPT is good until Jul 2023 I believe you should be receiving family based EAD very soon, so I don't think your employer has to file H-1B lottery for you starting in March 2023.
As long as you continue working with same H-1B/I-140 petitioner you can reinstate H-1B at future date if need be even though you were admitted on AOS pending.
I am wondering why they suggested that you could be deported. Do you violated H-1B status in the past ?
As you have plans to go home...
You have 2 options. If the date if off by lots of days then withdrawing PERM & refiling OR if its few days then at time of I-140 filing write to USCIS what is correct date of employment.
I believe your wife's employer is advising to hold off from visiting US consulate for H-1B visa stamping because of poor job market. In that case your wife can get L2 visa stamp enter into US and if H-1B job becomes available from her employer at any future date, they can file H-1B not subject...
Looks like your filed I-485 in 2021 based on downgrade EB3 & subsequently filed I-485 supplement J notifying USCIS that you originally had approved EB2. So at this time your I-485 is tied up to EB2.
You don't need to maintain H-1B status after filing of I-485 but you continue to maintain H-1B...
Your wife is eligible for H-4 visa based on the fact that she married an individual who is H-1b applicant. As long as this situation remains good she is entitled for H-4 visa.
Truthfully disclose all prior rejections and its reasons. Send your latest H-1b approval notice & past few few months...
If the green card approves while you were out you will be allowed entry on AP. Down the road when you file N-400 part 2 Q.9 you will write date you became lawful permanent resident as date mentioned on green card and under part 9 time spent outside US left/from date as date you became lawful...
I doubt if AC21 is available for you. As I said it is available for countries with retrogression. USCIS could hit you back saying since your priority date is current, do AOS or consular processing but not H-1B.
You definitely can go through lottery & you know how lucky you have to be take a number from pool.
Priority date will remain with you for life time unless if USCIS comes and revokes for fraud or misrepresentation.
If your employer filed for H1B lottery got picked up & filed H1B which is approved then you don't need to go through lottery. Employer B can file H1B not subject to lottery.
If you were only picked up in lottery & employer did not proceeded & file H-1B then yes you need to go through new H1B...
Normally whenever priority date becomes current an individual would file I-485 if present in US or if outside US requests for consular processing.
Option 1
Filing I-140 stems out from job offer from an employer so if that job offer remains open, then employer should request to move approved...
When you come down to US you will file I-485 with Supplement J with job offer from original I-140 employer OR based on portability, if you choose to work with other employer as long as the new job being offered remained in same or similar occupation.
If your I-485 remained pending for 180 days or more, based on AC21 your employer can choose to move approved I-140 from USCIS service center to NVC to request consular processing of your immigrant visa. But this process might take time.
OR you can come to US on TN visa & file I-485
You can have your wife's employer file I-140 under premium processing. You will get answer within 15 business days. After its approval, you can move to H4 & you will be entitled to H-4 EAD too.
Premium processing fee can be paid by you or your wife if her employer chooses not to pay.
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