How can I handle????? Friends need your help…….

QuestionsMine

Registered Users (C)
Hi Friends,

I am trying to get advices from our INS gurus.

I485 & EAD &AP : RD 10/31/02 ND 11/07/02
iEAD Valid from 02/18/03 to 05/17/03
EAD not approved yet

By looking at the above status it looks like there is a long way to go before I receive GC.

I need your valuable help to shape my future.

I am currently working on my iEAD. My employer laid me off and I haven’t received my EAD. So I took iEAD and started working. I g I am planning to get married in the month of july. My H1 is not valid because I am working on iEAD. So I can’t apply for H4. I don’t know she will get visiting Visa or not and I don’t know If she applys for visiting visa how it will effect her GC. When I ask my layer she said we I can apply for Consulate Processing(CP) after my I485 approval only.

Any body has any experience?
What might be the better for me to get her here soon?
Can I apply for CP before my I485 approves. (I know her CP will be approved after my I485 approval. But I can save four months of preliminary processing time by applying before my I485)
 
get another lawyer...

it could be a year or more before they approve your 485..then then some more months before your wife can come in...
Better ask the new employer to file for H1...with premium processing...get the approval with or without the I-94 and get out get a H1 visa, get married and get your wife in on H4.
 
QuestionMine, I hope things work out for you.

Anyway, the easiest and advisable way to handle this is get h1. I know that might be tough, but try talking to your employer and tell him you'll pay for it. Tell him you really don't care, but due to INS's stupid rules and your marriage, and the fact that you'd rather have your wife here now, versus 8 years later, your having an H1 would really help.

If they disagree, you have 3 more months to find an employer who will file an h1.
 
Option 1. As SM and TT said get H1 anyhow and get your wife here on H4, apply 485 for her. But this seems to be not working in your case. But don't loose heart try heard to get H1 still you have some time.

Option 2. You can file CP for your wife before you get approval not after approval, once you get approval, it will be very difficult for your wife to come here and you will need to file I-130 for her which will take 4-5 yrs before she can join you in US. And there will not be any way she can come here on visiting visa. Once I-130 is filed you are done for 4-5 yrs.
Your lawyer is saying you can file CP after you get your GC, forget it, check it again with some good lawyer.
 
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