Filiing I-485 for spouse, myself?

psarkar

New Member
Case details:
My I-140 is approved. I also have my EAD card. My I-485 is pending since Jan 2005. My lawyer's [actually my company's] office had informed me in July that they had filed my wife's I-485 and EAD. However, last week when I asked for an update, they told me that since I-485 quota for the current year in the EB3 category is full, they didn't actually file it. They are waiting for the quota to reopen [possibly in October].

The company I am consulting in currently has made me a job offer.

Questions:
1. Is it possible for me to accept that offer [using AC21] and file my wife's I-485 and EAD myself through another lawyer? If so, is there any possibility for any complication that would put my immigration at risk?
2. If my I-485 is approved before her I-485 is filed, would there be any problems?

Any insight would be much appreciated.
 
psarkar said:
Case details:
My I-140 is approved. I also have my EAD card. My I-485 is pending since Jan 2005. My lawyer's [actually my company's] office had informed me in July that they had filed my wife's I-485 and EAD. However, last week when I asked for an update, they told me that since I-485 quota for the current year in the EB3 category is full, they didn't actually file it. They are waiting for the quota to reopen [possibly in October].

The company I am consulting in currently has made me a job offer.

Questions:
1. Is it possible for me to accept that offer [using AC21] and file my wife's I-485 and EAD myself through another lawyer?
------------- you can file your EAD through any lawyer or with out lawyer, you can file your wife I-485 once your PD is current
If so, is there any possibility for any complication that would put my immigration at risk?
2. If my I-485 is approved before her I-485 is filed, would there be any problems?
-------- DOS publish visa bulletin in advance and keep paperwork ready to file her I-485, USCIS is not going to approve yourI-485 the day DOS publish visa bulletin.
*** If you are on H1 and she is on H4 then keep extending H1 and H4

Any insight would be much appreciated.
 
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