I-485 complex issue...need advise/help

S

shadow0216

New Member
Hello. Can anybody advise or enlighten me re my situation...

My now husband and I came to the US on different visa. He came in as B1/B2 visa and I as H1B visa. His B1/B2 was eventually converted/adjusted to H1B visa. Then his H1B was trasnffered because he changed employer but this time, he was denied and with the appeal twice. So apparently he is now out-of-status and already overstaying. As for me, I am on the process of the green card. Now my concern is, will there be any issue for us during my green card process..can I still petition him as the derivative applicant, as I to be the principal? What other forms or documnets that are needed to have our green card be approve?

Basically, what will I do with my husband's case of overstaying. We have a US citizen son.

Thank you in advance.

-shadow0216
 
shadow0216 said:
Hello. Can anybody advise or enlighten me re my situation...

My now husband and I came to the US on different visa. He came in as B1/B2 visa and I as H1B visa. His B1/B2 was eventually converted/adjusted to H1B visa. Then his H1B was trasnffered because he changed employer but this time, he was denied and with the appeal twice. So apparently he is now out-of-status and already overstaying. As for me, I am on the process of the green card. Now my concern is, will there be any issue for us during my green card process..can I still petition him as the derivative applicant, as I to be the principal? What other forms or documnets that are needed to have our green card be approve?

Basically, what will I do with my husband's case of overstaying. We have a US citizen son.

Thank you in advance.

-shadow0216
Click to expand...
I am sorry to hear that...
I believe your husband will not be able to adjust with you. He most likely will have to wait till you become a citizen. He cannot submit I-485 since he was out of status. He might able to go outside USA and adjust depending how long he was out of status, and it is a bit tricky...
I would seek a professional advice. Everything depends on details.
What I heard, a good lawyer can drag your husband case in courts for years, and keep him with his family... Once you are citizen, he will be able to adjust.
 
shadow0216 said:
Hello. Can anybody advise or enlighten me re my situation...

My now husband and I came to the US on different visa. He came in as B1/B2 visa and I as H1B visa. His B1/B2 was eventually converted/adjusted to H1B visa. Then his H1B was trasnffered because he changed employer but this time, he was denied and with the appeal twice. So apparently he is now out-of-status and already overstaying. As for me, I am on the process of the green card. Now my concern is, will there be any issue for us during my green card process..can I still petition him as the derivative applicant, as I to be the principal? What other forms or documnets that are needed to have our green card be approve?

Basically, what will I do with my husband's case of overstaying. We have a US citizen son.

Thank you in advance.

-shadow0216
Click to expand...
Tell your story in detail. why his application is denied?what stage of GC are you at(Labor, I-140, I-485)?
 
I don't know the exact reason of the deniel but it seems like his employer didn't submit enough docs to his H1B petition. I am on still on the LC stage -awaitng approval thru PERM.

We've seek advise from immigration lawyer and they mentioned one option is to file with me the adjustment of status.

By the way, his employer also advised him that he can still work with them. So even technically he's overstaying, he still have a job.
 
Last edited by a moderator:
shadow0216 said:
I don't know the exact reason of the deniel but it seems like his employer didn't submit enough docs to his H1B petition. I am on still on the LC stage -awaitng approval thru PERM.

We've seek advise from immigration lawyer and they mentioned one option is to file with me the adjustment of status.

By the way, his employer also advised him that he can still work with them. So even technically he's overstaying, he still have a job.
Click to expand...

Can you give us the dates of each event?
 
hi Tammy,

I'm sorry but unfortunately I don't have track of the dates plus I am not sure if his paper is still on appeal since his employer hired a lawyer to defend his case.
 
shadow0216 said:
I'm sorry but unfortunately I don't have track of the dates plus I am not sure if his paper is still on appeal since his employer hired a lawyer to defend his case.
Click to expand...

If he is accumulating illegal presence then the dates are EXTREMELY important. He needs to seek competent counsel immediately.
 
shadow0216 said:
I don't know the exact reason of the deniel but it seems like his employer didn't submit enough docs to his H1B petition. I am on still on the LC stage -awaitng approval thru PERM.

We've seek advise from immigration lawyer and they mentioned one option is to file with me the adjustment of status.

By the way, his employer also advised him that he can still work with them. So even technically he's overstaying, he still have a job.
Click to expand...
as his H1b is denied it dosent matter if he has a job. He basically dosent have permit to work so I wonder how employer says he can work? employer will also be in legal problem if they have someone with no us work permit on their payrol.
 
You must log in or register to reply here.
Top