Please help Jaxen and other gurus <concurrent 140 and 485, H1 MARRIAGE, AP>
gurus,
I am another one like you. My case is filled just today at NSC. I will keep you guys posted how this new thing goes? However, I am struggling to solve one of my legal problem. Please response if you can.
I am now on H1B and never had H1b VISA stamp as the way I am converted from F1 to H1. My I-140 and I-485 has been filed concurrently at Nebraska Service Center today. I did not get married yet, but have been trying for six months. For my country (Bangaldesh) nationals Consulate is taking 6-8 weeks to issue visa, even more. I can not take that much vacation. Now I do not know what to do? My future wife is in back home now.
I know I have cople of limited options:
1) If she can come somehow (F1, B1) to US/Canada/Mexico then we can get married, then she could apply for H4 herself from back home.
2) I can travel with my advanced payrol and apply for H1/H4 after getting married, if they delay beyond my vacation which is the potential, i would come using advanced payrol. I will do Follow-to-join for my spouse once I get my GC. which is not good idea but I dont have choice.
Now my question is:
1) Is other any other way, you could think of?? I can not really wait after december which is the deadline to get married set by her.
2) My lawer give me a fuzzy feelings that once you take the advanced payrol, you are not supposed to apply for H1. The people who already have H1 visa valid, they can travel with that even though they take advanced payrol?? Is this correct. Isn't this ok to apply for H1B1 after taking Advanced payrol. I mean the situation like this:
I will take the AP as a back up and travel back home on december and will apply for H1B1 visa. Can they deny me because I have advanced payrol ? My lawer says they will figure out that you have advanced payrol yet you are here for H1B visa what they wont issue.
You all know why I am struggling to bring her as H4 I can add her for AOS right after she comes here, however, not finding a way. Please help, if you can. Any type of suggestions will be appreciated.
__________________
Sahin