i-140/i-485 concurrent filling

[dvila]

Hi,

I'm trying to apply for a EB2-NIW and I-485 with concurrent filling (it is allowed in this case). While I'm preparing all my documents and waiting for reference letters for my I-140, I started with I-485 filling process and I've some questions. Of course, I'll submit ALL the forms and documents together to TSC as indicated in the instructions

1) Do I fill I-485 for me and my wife separately (2 forms)? if yes, what I should put in my wife form in Part 2 when they ask me about Application Type? "Other: I-140 pending, concurrent filling"? This is my case but not her case...

2) We are also filling I-765. In the case of my wife, she has an EAC (she's J2) so it's clear that she don't need to pay the I-765 fee (renewal), but what about my case? I've a J1 and I need a new EAD...

3) Are there any other forms that I/we need to fill? (biometric information, etc.). I don't need AP, my employer (a cap-exempt institution) is applying for an H1B/H4 for me and my wife.

Thanks for your help

 

[jk0274]

1- Every applicant needs their own I-485. Complete each fully. For your derivative spouse, she needs to check (b): "...derivative status for spouses and children".

2- No - your wife's EAD is based on a J-2 (Category C-5), which she can only use while she is still in lawful J-2 status. If she wants to work after she drops out of J-2 status (for example, if she changes to H-4), she cannot use that EAD to work. She'll need a new C-9 EAD based on a pending I-485. But there is no extra fee for this EAD - for either of you - since you each are paying $1010 for your I-485s.

3- You need to get your medicals done. You also each need to fill Form G325a in quadruplicate. A copy of your J-1 waiver must also be sent if applicable (if you are subject to the 2-year home residency requirement, you cannot file I-485). See here for a more detailed list (not all listed items will be applicable to you).


Once you file your petitions, you should not leave the country until you get your H-1Bs or advanced paroles. You cannot be readmitted to the US under J-1/J-2 status if you have clearly shown immigration intent, nor can you renew J visas abroad.

 

[dvila]

Thank you very much for your help jk0274!

I knew that I cannot leave the country while my H-1B is been processed nor renew my J because I asked for the 2 HRR before.

I'm pretty safe situation because my J1 expires by the end of this year and my institution is starting my H-1B application with plenty of time. By myself (because they don't sponsor me) I'll start the EB2-NIW process with concurrent filling. I hope to get this ready soon because I need the EAC for my wife... this is the "problem" ...

Thanks again!