Help needed!!

[swind]

Hi everyone

I have been using your site, its incredibly helpful. I
have complicated scenario, which i thought you gurus may be
able to help.

I have filed for my 485 (my priority date is 4/17/02)
and i am in EB3 category. I am currently engaged and
planning to marry on 12/12/02. My 6 years on H1 expire
in July of 2003. Currently my H1 is valid until
1/16/02, so i can get an extension until July. I was
hoping to bring my wife on H4 in Dec and then file for
her 485 once she is here.

My lawyer told me that there are rumours of
retrogression happening (i mean priority dates not
being current anymore). This could pose a problem for
my wife not able to apply for her 485. And if the
retrogression is that bad, that she cannot apply until
July of 2003, she might have to leave the country.

Kindly suggest if you believe these rumours are
correct, and if so, what is the best course for me.

thanks a bunch
swind

 

[firebird]

Swind,
If your H1B expiration date is approaching, then its safer to apply for EAD and AP. Your expiration date for H1B is unclear. If not, then, do carry your 485 receipt and show it to INS officer at the port of entry and you should be all set. Priority dates do affect the processing of your I485, but it varies on how back the priority dates go back by. In the current scenario, I'd be surprised if the priority dates go back, especially since the # of apps that INS receives might have gone down due to the economic slowdown. Hope this helps.

GOOD LUCK!

-fb

 

[140_takes_4ever]

retrogression?

This is the first I have heard of retrogression. Offcourse INS is like a mad bull and can do any number of crazy things any time, but I still don't expect anything like that before the end of this year.

Here is what I suggest, start collecting the documents, filling out the applications for AOS, and the medicals for your fiancee. Ask your lawyer to prepare the documents and get them signed by your fiancee right now. It is usually this stage that makes for maximum delays in the 485 stage. Hopefully you should be done with everything except the marriage by the time you go home to get married.

Once you are married and the marriage certificate is in your hands, rush to the nearest fax machine and fax it to your lawyer so the very next day it can be filed with the INS. This will be much better than waiting for the marriage to occur, and then starting with this process.

In the mean time, apply for EAD and AP, extend your visa, and bring your fiancee here on a H4.

Good luck with the process and the marriage!
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