Green Card for Wife

Thanks for the clarification.

In the previous post you mentioned my PD would get current around 2012-2015. Please explain the basis if you don't mind?

My PD is Sep 2002, EB3 India by the way.
 
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OK it's been a while since I opened this thread. I wanted to re-visit this thread again and wanted to know more options and opinions since it's been a while and I would think that things have changed now.

So experts, please advice what are my options now?
 
Hi tufaan,
I think you have no other option but to wait till the PD becomes current. I believe what nsca was saying regarding PD becoming current for you is purely a guess. Currently EB3 India is April 2001. Who knows how long it will take for it to reach Sep 2002. I have one question for you, why not have your wife continue on H1B, like thousands of us are doing? Be on H1B till the PD becomes current.
 
No new options, dude. She needs to prepare for two things:
(1) get ready to move back to India for a year or two while waiting for the PD to be current, and
(2) be prepared to file the I-485 ASAP if the PD suddenly becomes current before she has to leave. So sometime in the last 4 months before her H1B expires, she should make an appointment with a designated civil surgeon for the I-485 medical, because the total time from requesting the appointment until getting all shots and results can be about a month. That way if the PD suddenly becomes current, she can immediately file the I-485 without waiting on the medical, because the medical was done already. The medical can be done up to 12 months before the I-485 is filed.
 
skango said:
Hi tufaan,
I think you have no other option but to wait till the PD becomes current. I believe what nsca was saying regarding PD becoming current for you is purely a guess. Currently EB3 India is April 2001. Who knows how long it will take for it to reach Sep 2002. I have one question for you, why not have your wife continue on H1B, like thousands of us are doing? Be on H1B till the PD becomes current.
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She cannot continue on H1B since her 2nd term expires.
 
are there any other options just so that she can stay in the USA with her family? husband and 2 infants?

I mean student visas? hardship basis? anything at all? We don't care if she can work or not.

Also what her H1B finally expires and she stays in the USA, what will be our options then?
 
She overstays. Doesn't leave the country under any circumstance. Waits for you to become a US citizen and then files her marriage based I-485 once you naturalise.

tufaan said:
Also what her H1B finally expires and she stays in the USA, what will be our options then?
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She could apply for a change of status to F1. Chances of approval are not very good, because she is married to a permanent resident. However, because she already is in the US legally and does not have a pending GC, it is possible they will approve it. However, if she travels outside the US with the F1 they probably won't let her back in.

If her visa expires and she doesn't have another visa, the only legal option is to leave the US and switch to consular processing. Overstaying illegally runs the risk of deportation, and deportation usually results in being banned from the US for a long time or even permanently.
 
Thank you guys for all your replies.

I really feel sad and angry at the same time about this situation. I really wonder how stupid these laws could be? I mean how silly it is to have no options for a mother of 2 infants and a wife but go back to her country? She is not an illegal like millions of other people. She has paid taxes for many years in this country.

This is just rediculous!!! Can one sue the USCIS on human rights or hardship grounds? I am thinking there has to be a way to this.
 
tufaan,
Sorry for my ignorence before about the H1B situation. I agree with Jack. A safer option would be apply for a COS to F1 with an admission to a degree program. USCIS asks for an explanation as to why a COS is needed. Your wife can mention that she is really interested in pursuing her education and earn an advanced degree. There is a good chance that COS would be approved. However, if she travels outside the country, she may not be able to prove non-immigrant intent while her visa stamping, which is one of the prime conditions for F1 visa. However, for COS to F1, that condition is not necessarily true. Also, remember that to earn assistanceship and/or campus job F-1 is required for most universities. This could be another reason to change status to F-1. However, you will have to go through huge process of admission with GRE, TOEFL, transcripts from India, etc. The process itself takes 1 to 1.5 yrs. I will be more than happy to help if needed. Hope this helps
 
tufaan said:
I really feel sad and angry at the same time about this situation. I really wonder how stupid these laws could be? I mean how silly it is to have no options for a mother of 2 infants and a wife but go back to her country? She is not an illegal like millions of other people. She has paid taxes for many years in this country.

This is just rediculous!!! Can one sue the USCIS on human rights or hardship grounds? I am thinking there has to be a way to this.
Click to expand...
USCIS screws up people's lives on a daily basis and they get away with it. There's really nothing you can do to them, especially if they're acting in accordance with the law. USCIS did not screw up your wife's case; they're simply following the (stupid) laws as they were written, and you had the opportunity to avoid the situation but didn't. If you sue anybody, it should be the lawyer who advised you not to file her I-485.

However, things are not necessarily all that bad. After spending one year outside the US, she will again become eligible for another 3 + 3 years of H1B. And there is the possibility of a change of status to F1 ... however, that needs to be pursued urgently, because to start studying without a gap in status would require being accepted to begin a program in January 2010, given that her H1B expires in Feb/March 2010.
 
tufaan said:
Thank you guys for all your replies.

I really feel sad and angry at the same time about this situation. I really wonder how stupid these laws could be? I mean how silly it is to have no options for a mother of 2 infants and a wife but go back to her country? She is not an illegal like millions of other people. She has paid taxes for many years in this country.

This is just rediculous!!! Can one sue the USCIS on human rights or hardship grounds? I am thinking there has to be a way to this.
Click to expand...

In my opinion, going the F1 way is the safest. If you are in CA, most Cal state Univs. (not Univ of California) dont need GRE scores, only TOEFL scores are required and last day for application submission for winter quarter starting following January is Nov 1st (you'd have to check though). So there's still time to apply and maybe given the amount of her stay in the US and work experience, even Toefl score might be waived. Once admitted, H1 (or H4) to F1 should be relatively easy. File for Change of Status (COS form I-539). As long COS has been filed, you dont have to worry about H1's expiry (ofcourse if F1 is denied, lets hope not, then its a different story). I can say about CA but it shouldnt be different in other states, that with the amount of her stay within the state, she'd qualify for resident fees which wouldnt be more than a $5k a year. That way she'd retain her status (upon F1 approval) and not worry too much about the monetary aspect of being a student/or search for RA/TA (which with two infants would be tough). She'd have to take minimum credits every quarter though to maintain F1 status which too can be exempted if appropriate hardship is shown.

However, as has mentioned above, re-entering the country on F1 visa would be close to impossible.

Just an option worth a thought.
 
lprkhoj said:
I can say about CA but it shouldnt be different in other states, that with the amount of her stay within the state, she'd qualify for resident fees which wouldnt be more than a $5k a year.
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I doubt it. I haven't read up the rules for California, but for the several other states I researched, they automatically disqualify F-1 students from paying the lower state-resident tuition rate, no matter how long they've previously lived in the state in any other status.
 
That is true. I have experience in 3 states. OK, MI and TX. F1 students are not eligible for in-state tuition unless they get RA/TA. But getting RA/TA is not impossible though tough. The issue could be getting transcripts and reccomedation letters from India. That could take some time.
 
One more option I was thinking about. Please let me know what do you experts think?


Is it possible to convert my EB3 case into EB2. To the best of my knowledge my qualifications match with requirements for EB2. The question is can this be done for an already apprioved case. If this could be done my PD would get current and my wife can immediately apply for her 485 as derivative.

Please let me know your thoughts.
 
Waht exactly is "follow to join" ?

Also does a CP process depend on Priority Date? I was wondering if I can start a CP process for my wife if it is not dependent on priority date? Can she get her Green Card in India? If this is possible, how long does that take? Does she have to be in India immediately? Like I mentioned before she is on H1B visas currently that expires in middle of 2010.
 
Jackolantern said:
I doubt it. I haven't read up the rules for California, but for the several other states I researched, they automatically disqualify F-1 students from paying the lower state-resident tuition rate, no matter how long they've previously lived in the state in any other status.
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True but while she's still on H1/H4 (or waiting for COS) she'd be eligible for in-state tuition even though its for a few months.
 
Tufaan, you would not be able to apply for CP untill your priority dates become current. Also, this would not in any way help with your main objective, which is keeping her in this country.

People in this forum have already given you the two "legal" options available to you - spend one year in India and reset the H1B clock, or become a F1 student with no international travel till you have a chance to file her I-485 and get EAD and AP.

Good luck!
 
how is the max time one can stay in the US on H1B visas calculated?

If a person goes outside of the country for around 6-7 months, does that buy extra 6-7 months to extend the H1B visas?

My wifes H1B visas expires mid 2010. So my question is what if she leaves the USA right now for 6 months and then come back? Will she be able to utilize this 6 months of more H1B time? Can she apply for extention for 6 months?
 
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