Applying H1-B invalidates I485?

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nc3years

Registered Users (C)
Hi,

My I485 has been pending for years due to name check. I am losing hope. The dependent case can not be processed even though the name check is cleared. If the dependent applies for H1-B so he can start his own I-485, will H1-B application invalidates his currently pending I-485? He has been working on EADs and used APs. Any input is appreciated.
 
That’s a good idea. If your dependent can eventually files his I-485, he should not be stuck in the NC. Filing H-1B and I-485 are two different things.
 
nc3years said:
If the dependent applies for H1-B so he can start his own I-485
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You don't need to file for an H-1B to start your own adjustment process, nor should you file a second one. Both are a waste of time and money.

will H1-B application invalidates his currently pending I-485?
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No.
 
Immiq and TheRealCandian, thanks a lot for your answers! Now that both my husband and I are stuck because of my name check, and no one knows how long it will take to clear it, my husband is think of getting his own H1-B->LC->I485. I know it might be a waste of money and time. But in case my name check pends for another 4 years :mad: , he can get his green card.
 
Another painful path?

number30 said:
You do not need H1B

EAD -> LC->(second or first)I-485
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Thanks! I didn't know this. I did a little research and learned that it can take 3 years for LC! What a pain!
 
I have not heard the PERM needs 3 years. When and how many your FPs have been done, one or two? Did you request or do anything before the LUD 8/15/06 and 12/08/06?
 
Please excuse my ignorance. I have no idea what PERM is. I went through some posts at LC section on this forum and found some LCs took a long time to approve. Can you tell me, in average, how long it takes to get PERM and what it is?

I had two finger prints, the sencond one code 3 on Oct 2005. After that, nothing happened except some meaningless LUDs. My name check is still pending.
 
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