Employment Based Petition & Asylum Seeker

T

Tomark

Registered Users (C)
Hello Guys:

I am not sure if we are in the right forum here but maybe someone may be able to help us.
My wife is from China and she came to the US in March 1999. She applied for asylum and was approved in April 2001. Her I-485 is still pending but we understand that the approval may still take a long time.

We got married in November 2001.

The Labor Certification process was started by my employer in September 2003, which was approved in February 2004. Our Immigration Attorney said that we should try to get my wife’s I-485 also through my Employment Based petition, since it would certainly be approved much earlier than through her Asylum case.

My RD for I-140 & I-485 is May 2004 and the RD for I-485 for my wife is September 2004. My I-140 was approved in March 2005. I may add that I’m from Germany (I understand that this would play a role in terms of retrogression).

Here are our questions:
1) Would my wife be approved at the same time as me, since she is from China?
2) Would our approval date be based on my Employment Based petition and RD or the (later) RD of my wife’s I-485 petition?
3) Would USCIS take longer for our approvals based on the fact that our case is not ordinary?
4) Would anybody see a problem when my wife is traveling back to China once her I-485 has been approved, since she used to be an asylum-seeker?
5) Any other helpful insights?

Again, thank you so much for any advice regarding our case!

My signature:
TSC / EB3
PD: September 02, 2003
I-131: AD June 29, 2004 / LUD January 18, 2005
I-765: AD August 06, 2004 / LUD January 18, 2005
I-140: RD May 25, 2004 / AD March 16, 2005 / LUD March 17, 2005
I-485: RD May 25, 2004 / LUD March 17, 2005 (LUD because of my FP on 03/16/05?)
 
I think it is doable. I would email our moderator for more tips.



Tomark said:
Hello Guys:

I am not sure if we are in the right forum here but maybe someone may be able to help us.
My wife is from China and she came to the US in March 1999. She applied for asylum and was approved in April 2001. Her I-485 is still pending but we understand that the approval may still take a long time.

We got married in November 2001.

The Labor Certification process was started by my employer in September 2003, which was approved in February 2004. Our Immigration Attorney said that we should try to get my wife’s I-485 also through my Employment Based petition, since it would certainly be approved much earlier than through her Asylum case.

My RD for I-140 & I-485 is May 2004 and the RD for I-485 for my wife is September 2004. My I-140 was approved in March 2005. I may add that I’m from Germany (I understand that this would play a role in terms of retrogression).

Here are our questions:
1) Would my wife be approved at the same time as me, since she is from China?
2) Would our approval date be based on my Employment Based petition and RD or the (later) RD of my wife’s I-485 petition?
3) Would USCIS take longer for our approvals based on the fact that our case is not ordinary?
4) Would anybody see a problem when my wife is traveling back to China once her I-485 has been approved, since she used to be an asylum-seeker?
5) Any other helpful insights?

Again, thank you so much for any advice regarding our case!

My signature:
TSC / EB3
PD: September 02, 2003
I-131: AD June 29, 2004 / LUD January 18, 2005
I-765: AD August 06, 2004 / LUD January 18, 2005
I-140: RD May 25, 2004 / AD March 16, 2005 / LUD March 17, 2005
I-485: RD May 25, 2004 / LUD March 17, 2005 (LUD because of my FP on 03/16/05?)
Click to expand...
 
I believe it is feasible as well. The INA act allows for multiple I-485 applications pending at the same time. The only thing that would prevent your wife from adjusting with you is if she was illegal at any time during her stay in the USA. Asylees are granted waivers for illegal stays in the USA during their adjustment - but all other categories aren't given waivers.

You should have your lawyer submit another I-485 application for your wife if she was legal throughout her entire stay in the USA. Don't cancel her asylum-based I-485 application until after she has adjusted.

1) Would my wife be approved at the same time as me, since she is from China?--> She should be allowed to adjust with you as long as she maintained legal status in the USA during her entire stay.

2) Would our approval date be based on my Employment Based petition and RD or the (later) RD of my wife’s I-485 petition?--> If she adjusts with you, her date will be the same date as when your employment based application was approved since she would be a derivative.
--> Once this approval goes through, you should cancel the pending asylum based I-485.

3) Would USCIS take longer for our approvals based on the fact that our case is not ordinary?
--> If you file a new I-485 application for your wife as a derivative to your employment based application, CIS would treat this as a different application. Your wife's asylum based application would have nothing to do with her employment application.

4) Would anybody see a problem when my wife is traveling back to China once her I-485 has been approved, since she used to be an asylum-seeker?--> This is a tricky question. If she gets adjusted as an asylee, then YES she will NOT be allowed to return to China if that is the country she is seeking asylum from. However, if she is adjusted as a derivative through your employment based application, she will be able to go to China as long as you cancel her Asylum based application/case.

Please note that I am not a lawyer and that all the information provided above is from being involved in immigration cases on a personal level. Please consult with a lawyer. Hope this makes sense.
 
Hi

I have three questions.
1) In order to apply for Labor Certification, do we need to meet certain salary creteria?
2) Normally how much a lawyer charge for labor cert and GC application?
3) One lawyer said it takes about 5-6 mths for labor certification and about 2 months for GC with perm. Is this reasonable?

Thanks for all your input.
 
chitcute said:
Hi

I have three questions.
1) In order to apply for Labor Certification, do we need to meet certain salary creteria?
2) Normally how much a lawyer charge for labor cert and GC application?
3) One lawyer said it takes about 5-6 mths for labor certification and about 2 months for GC with perm. Is this reasonable?

Thanks for all your input.
Click to expand...


With the 10K cap now gone I do not see any purposes to going through with labor certification.
 
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