Double Dilemma reg. GC/H-1..Please Help!

[pak_man]

I'm married to a US Citizen and was in the process of filing for GC whilst still waiting for an H-1 appeal-However, a family emergency requires me to take a brief visit abroad within 30 days..my wife and I are Mass residents and the current wait time for Advanced Parole is 90 days...what should I do and is it possible for me to file my Advanced Parole/GC application from a state other than Mass where the wait time might be less??
My second dilemma is that I was on an H-1 for a small startup company till about 12 months ago-the visa was for 3 years and when I applied for extension for another 3 years I got denied...I'm currently still in the appeals process even though I appealed nearly a year ago- the appeal just got sent to the AAO office...can someone please advise as to what are the chances for the denial to be reversed and also how long can I expect a decision to take once it has been forwarded to AAO??
Also, are there any other options/visa types I should be considering since I am forced to exit the States 1n about 30 days due to family emergency??
Any advice on my 2 dilemma's would be greatly appreciated...

 

[dip92]

I'm married to a US Citizen and was in the process of filing for GC whilst still waiting for an H-1 appeal-However, a family emergency requires me to take a brief visit abroad within 30 days..my wife and I are Mass residents and the current wait time for Advanced Parole is 90 days...what should I do and is it possible for me to file my Advanced Parole/GC application from a state other than Mass where the wait time might be less??
My second dilemma is that I was on an H-1 for a small startup company till about 12 months ago-the visa was for 3 years and when I applied for extension for another 3 years I got denied...I'm currently still in the appeals process even though I appealed nearly a year ago- the appeal just got sent to the AAO office...can someone please advise as to what are the chances for the denial to be reversed and also how long can I expect a decision to take once it has been forwarded to AAO??
Also, are there any other options/visa types I should be considering since I am forced to exit the States 1n about 30 days due to family emergency??
Any advice on my 2 dilemma's would be greatly appreciated...

1. Go get am emergency advance parole from your local office. They will give you AP within 30 mins if you can show them a real cause, like parents are sick, or somebody's wedding etc.

2. If you file your adjustment like I-485, I-130 through USC you are absulately legal here in usa. You don't need to get a H1B. Withing 3 months you will get EAD if you applied I-765 and you can work any where, any position in the USA except President of USA position . So don't worry go get an emergency advance parole and enjoy your trip, you don't need even any EAD for your trip.

Hope it helps.

Dip

 

[pak_man]

Dip, thank you very much for the advice...have you or someone else you know been in a simillar situation?
Also, in certain states its quicker to get AP so is is possible for me to file elsewhere or do I have to file in the home state (Massachusetts) of my wife and I??

 

[dip92]

Dip, thank you very much for the advice...have you or someone else you know been in a simillar situation?
Also, in certain states its quicker to get AP so is is possible for me to file elsewhere or do I have to file in the home state (Massachusetts) of my wife and I??

I have the similar situation for Emergency AP. But again you have to show some documents, like medical certificate, wedding card etc which is really authentic.

You have to apply to your local BCIS office.