I-485 Cross Chargeability Spouse not present

#41
She did present a valid EAD/AP expiring Jan 12 2020 when she was boarding the flight on Jan 06 2020 but the airline didnt let her board since it was very close to expiring.
 
#42
ok, thank you for clarifying that. So why did she not have the valid AP document expiring 12 Jan with her to present to the airline? Although, again, it’s moot now anyway.
Do you have a plan B for consular processing?
No I havent thought of that yet I will probably have to go that route if I dont get it
 

SusieQQQ

Well-Known Member
#44
She did present a valid EAD/AP expiring Jan 12 2020 when she was boarding the flight on Jan 06 2020 but the airline didnt let her board since it was very close to expiring.
that makes zero sense. You only have to land in the US on the day of expiry. She should have taken it further up or insisted the airline get their CBP rep to look at it. Anyway again, moot as whatever the reason she has ended up abroad without AP.
 

whitemimauz3

Registered Users (C)
#46
Looks like Airlines messed up. I don't think they should have stopped your wife from boarding flight since she had valid AP at time of travel back to US & might be landing onto any US port within 12-24 hrs. Have her walk down to nearest US Consulate or Embassy and explain the maybe they might allow her to travel under some exceptions.
 

SusieQQQ

Well-Known Member
#47
Looks like Airlines messed up. I don't think they should have stopped your wife from boarding flight since she had valid AP at time of travel back to US & might be landing onto any US port within 12-24 hrs. Have her walk down to nearest US Consulate or Embassy and explain the maybe they might allow her to travel under some exceptions.
Even if they issue her a boarding foil, what status can she enter under? Her AOS is abandoned and she has no fallback status. I agree the airline was in the wrong, but if she was going to go this route of trying some other method, she should have done something in the 6 days between being denied boarding and when the AP document expired, while she still had a valid basis for admission.
 

whitemimauz3

Registered Users (C)
#49
Too bad. It is airlines to be blamed because of some ignorant airline staff your status is messed up. Go for I-485 interview see what comes out, if not consular processing.
 
#50
Too bad. It is airlines to be blamed because of some ignorant airline staff your status is messed up. Go for I-485 interview see what comes out, if not consular processing.
Do you know how it works for consular processing? since this is a employment based application I think I may have to goto my wifes country but this can take about a year do I have to stay in her home country for that long? or can I continue working here and just go there for the interview?
 

whitemimauz3

Registered Users (C)
#51
Your employer needs to file I-824 to move approved I-140 to NVC. You need to clearly indicate to which US consulate approved I-140 needs to be moved to for consular interview processing. Current I-824 processing times range from 7-11 months.
Under what status you are currently working ? What is the your country of chargeability & EB category ?
 
#52
I have changed employer using AC21, my country of birth is India I am cross charging to my wife country of birth ie Nepal, I am EB2
Can I continue working in US while I wait for a consular processing interview abroad? If not I dont know how it works because if it take 7-11 months for the process no employer can keep my position for such a long time.
 
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whitemimauz3

Registered Users (C)
#53
Meaning you had an H-1B in the past & employer filed labor certification after it approval simultaneously filed I-140 & 485 now since 180 days after I-485 pending you invoked AC21 and switch to different employer correct ?
 
#54
Meaning you had an H-1B in the past & employer filed labor certification after it approval simultaneously filed I-140 & 485 now since 180 days after I-485 pending you invoked AC21 and switch to different employer correct ?
Well I got H1-B in 2010 filed I-140 in 2011 got married in 2017 filed I-485 using cross chargeability got EAD moved to a new employer
 

whitemimauz3

Registered Users (C)
#55
Do you think your wife can approach for B1/B2 interview in Nepal US consulate & state all facts see if they would grant her visa. May be on humanitarian ground they might consider granting visa since family is separated & she was not allowed to board flight at no fault of hers.
 
#56
Do you think your wife can approach for B1/B2 interview in Nepal US consulate & state all facts see if they would grant her visa. May be on humanitarian ground they might consider granting visa since family is separated & she was not allowed to board flight at no fault of hers.
I dont think so she would because her B1/B2 expired in 2017 she was also maintaining her status on EAD/AP and remember she saying its been extremely difficult to get B1/B2 extended
 
#57
Still not clear how consular processing will work for EB2 because if it takes so long no employer can keep the position open or allow such kind of leave
 

whitemimauz3

Registered Users (C)
#58
Technically you con continue to work as long as I-485 remains pending and you renew EAD. Now it depends on outcome of your I-485 interview. if they deny I-485 then either you might have to re-instate H-1B or switch to some other status or leave country.
 
#60
Well our attorney did guide us but she has a issue where her ex-husband ended up taking custody of her daughter and under laws of Nepal if mother is not in the country the custody of the child can go to the other parent ofcourse she doesnt trust him so we had no option.
 
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