Green card application for nurse in the U.S.

Moona said:
My husband got the EAD with my appliacation but he keeps working by his H-1 status until the H status expires. Sorry I don't live in either NY or CA.

If your wife is confident with IELTS spoken part to get 7.0, then she may probably pass it soon. Sorry I cannot judge the language ability of your wife. But if she can get 7.0 on spoken part which is mandatory, she only needs to get 6.0 on other three modules to make 6.5 overall. Upon IELTS rules, 6.25 on average should be counted as 6.5 overall.

To hang on your H-1 status, one thing you may try is to extend H-1 status one year based on your 485 pending status if your 485 is filed at that time even though you are not the 140 applicant. This is a grey area and you need to consult an experienced attorney. If you cannot extend H-1, you have to get EAD before your H-1 expires.

Go and start looking for a nurse GC sponsor now. Good luck.

Moona
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How do I extend my H-1 status when my 140 & 485 were denied? I got a denial letter on 1/2/06 and now my lawyer is now preparing to appeal. Are you saying I file the H-1 statu extention when my wife applies for 485? I already asked my immigration attorney about this and he said no, based on the denial on my 140 & 485. Could you clarify this? Thanks,

James
 
No, not your own denied 485. Use the your pending 485 upon your wife's 140 if you can file that 485 before your H-1 status expires. But if your appeal is in process when your wife files 140, you may not be able to file new 485 upon your wife's 140. You are in dilemma though.

Moona
 
Moona said:
No, not your own denied 485. Use the your pending 485 upon your wife's 140 if you can file that 485 before your H-1 status expires. But if your appeal is in process when your wife files 140, you may not be able to file new 485 upon your wife's 140. You are in dilemma though.

Moona
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Moona,

Are you saying that my wife could get her EAD card, but not mine because my appeal is in the process, when she applies for 485 based on her 140? Could you confirm this?

Thanks,
 
If your wife has not filed 485/EAD upon your denied NIW 140, she can get EAD based on her own 140 and 485. If you haven't filed for EAD, you can get EAD based on your wife's 140 and your 485 too. I assume that you only filed NIW 140 and was denied, and there are no any 485/EAD filed with your NIW application.

Moona
 
Moona said:
If your wife has not filed 485/EAD upon your denied NIW 140, she can get EAD based on her own 140 and 485. If you haven't filed for EAD, you can get EAD based on your wife's 140 and your 485 too. I assume that you only filed NIW 140 and was denied, and there are no any 485/EAD filed with your NIW application.

Moona
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Thanks, Moona, for your replies. Yes, we filed for the 485 application which was denied but no EAD application in my NIW filing. My concurrent 140/485 filing was denied early Jan. this year and we're now in the process of appealing it.

My wife also applied (it's a concurrent filing) for her 485 last year and it was denied at the same time mine was denied. So, am I in trouble (i.e., ineligible for the EAD if my wife applies for EAD) because we both had filed 485?
 
You need to talk to your attorney about the impact of your NIW appeal. If the appeal is for NIW 140 only, you and your wife can file 485/EAD based on your wife's 140 application since one person cannot have more than one 485 pending at CIS. Maybe you can have your H-1 extened one year if your NIW 140 appeal is not done by the time your H-1 is due.

Moona
 
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