I-140 and I-485 concurently

[Eshwar Mandava]

HI folks

I got approved Labor certificationand I work at Department of Labor and I am filing I-140 and I-485 concurently at Nebraska. I have few question

A) My wife is on F-1 (graduated) and she is planning to go to india this December. Even though I applied I-140 along with I-485, EAD and AC for her, presuming if my I-140 is still pending ,can she change to H4 and come back to USA. My fear she will be stuck in India till AP is approved

B) Which is best option, should I go for CP or I-485.

Help on this please

Present situation in Nebraska for I-140 is lagging by 8 months

 

[ginnu]

HI folks

I got approved Labor certification and I work at Department of Labor and I am filing I-140 and I-485 concurrently at Nebraska. I have few question

A) my wife is on F-1 (graduated) and she is planning to go to India this December. Even though I applied I-140 along with I-485, EAD and AC for her, presuming if my I-140 is still pending, can she change to H4 and come back to USA.
--- (A) if you have applied her I-485 as dependent with EAD, AP then she will get AP she can enter with AP.
--(B) If your are still maintaining H1 status with your employer then she can change status from F-1 to H4, file form I-539 with BCIS and she will get H4 approval notice (not Visa stamp)
-- (C) She can apply for H4 out of US in your home country based on your H1b status, if you are from India and consulate is Chennai she may have to wait longer to get H4 visa stamped in her passport.
My fear she will be stuck in India till AP is approved
---- one can not leave when AP is pending, she has to apply for AP when she is in US and should get AP in hand before her departure from US
B) Which is best option, should I go for CP or I-485.
--- That is your choice but if you have any job insecurity in future AOS or filing I-485 is better if you have guaranteed job for 8-12 months then go for CP, but with CP you can not use AC21
Help on this please

Present situation in Nebraska for I-140 is lagging by 8 months
--- That is not correct, I have read if I-140 filed with CP option it takes about 7-8 months, if applied concurrently I-140 and I-485, I have read that many are getting I-140 approved in 4-5 months. You can read that in NSC I-140 thread
FYI, I read on lawyer site that BCIS H.Q has directed all service centers to expedite the I-485 petitions that are filed by religious workers in the past to approve before September 2003 because that is the sunset date of these petitions; many officers may be shifted from I-140 to these pending I-485 petitions, it is expected that all service centers may not touch I-140 till September end