HELP! Over 650 days and considering other options....

T

Timbuk3

Registered Users (C)
RD : April 25, 2000
FP : October 25, 2000
RFE : (Employment verification and biographical info.) December 2001
Category : EB2, India

Still waiting...

INS keeps saying there are no problems. I have even tried contacting the local senator\'s office and it has been 15 days and no information yet.

I married an American citizen in May, 2001. But, on advice of my attorney, a second attorney, INS agents, etc., I did NOT change the process from employer-based to spouse-sponsored. My wife and I have been doing a long distance marriage (Philadelphia - New Hampshire) and are now tired of this whole thing. (She cannot move at this time because of a 5 year grant she is committed to). I am considering one of the following two options:

1. Apply for greencard through wife.
Issue: My H-1b has expired and I\'m on EAD. If I change the process, I\'ve been told that I need to stop my employer-sponsored 485 and apply for it through my wife. What would happen to my current employment status. Would I need a new EAD? If so, do I need to leave the country while I\'m waiting for the new EAD?

2. Just switch my job.
Issue: Jobs are not easy right now. If I take an un-secure job and get laid off, I\'ll have to leave the country.

If anyone of you has advice please respond to me. My wife and I are in late 30s and we need to start working on a family. PLEASE HELP US. All your comments and suggestions are appreciated. We will contact an attorney after we gather enough information.

Thank you
 
do this

Marry your wife - start your I-485 through her - you will get a temporary greencard and work permit.

Let your first application ride through and see what happens. This is my 2 cents - your best bet is to go to your local INS center and talk to someone over there instead of calling an IIO directly.
 
At the local INS...

.... they told me the same thing as the IIO.

I got married around 9 months ago. Now, after waiting all this time, I\'m planning on switching to spouse-sponsored process. Do you think it is safe to leave the old process running? I believe the application asks if I had ever applied for immigration before, and I cannot lie on that.
 
You cannot have two I-485\'s running concurrently. Creates problems like

duplicate A# etc and INS does\'nt allow it. I would contact a senator and push my employment based case along as its well past the due date. You may have status issues if you file a spouse based I-485 now(how will you work while the new 485 is being filed, after withdrawal of employment based 485). Also there are other conditions with a spouse based 485. Hang on, should only be a few more months. You have already waited for 9.
jsram
 
try and post a question to Jim M on this board.....

he should definitely be able to guide you better...as he is an attorney himself.......

take care...
 
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