I-485 denial

N

nephdoc2003

Registered Users (C)
Hi,

I was wondering if anyone has had this nightmare. I am on H1B doing my J1 waiver. My wife, who was on a J-2, initially changed to H4 and then was sponsored for a NIW by a group. Her lawyer concurrently filed for her I-140 and I-485. Her I-140 was approved about 6 months later, but we just received a denial for the I-485 which states that she is ineligible to file for AOS as the principal J1 waiver has not been completed. From what we understood, concurrent filing for NIW physicians is permitted. Can anyone shed light on this matter. Hadron, J1 victim any thoughts??? What are we supposed to do now, since my wife would be out of status??????? Please help!!

nephdoc
 
Is it possible that only a principal (former J1) applicant can apply concurrently for I140 and I485 while a dependent(former J2) can apply for primary AOS (self I485) ONLY after the initial (former J1's) primary waiver has been completed? Or is this all just a mistake on USCIS' part?
 
> From what we understood, concurrent filing for NIW physicians is permitted.

Well, the more common scenario is that the J2 files as the dependent on a NIW filed by the primary J1 holder.
I wouldn't know why you can't file an I485 under your own I140, but neither do I understand the tax-code.
 
If your wife started out as a J2 and then acquired H1 status, I believe she is subject to J2 rules. You need to switch lawyers because this would be too large a mistake for a good attorney to make. I believe you might be able to salvage the situation if your wife switches back to H4 status, although that may be a long shot.
 
Hi Nephdoc,
I am in the same situation. (Self J1-H1b, PERM in process; wife J2-H4-now Hib filing NIW). As we are from a retrogressed country, wife was filing for only I-140, not concurrent i-485. Our hope was ,despite retrogression, she will be able to file i-485 before my 3 yrs are up and hopefully i could then chage jobs on EAD after serving my 3 year sentence. Please keep this forum updated if you get any new info.
 
Also, why would your wife be out of status? If she was on H1 while applying for NIW, even if I 485 is denied, she should still be on H1b, unless she used her EAD
 
So she was on H4 (dependent) and still able to file her own independent I140/485? I didnt think that was possible. Am I missing something? Hadron, J1victim, please comment.
 
j2 > h4 > I-140, I-485 denial

nephdoc2003 said:
... --------------- I am on H1B doing my J1 waiver. My wife, who was on a J-2, initially changed to H4 and then was sponsored for a NIW by a group. Her lawyer concurrently filed for her I-140 and I-485. Her I-140 was approved about 6 months later, but we just received a denial for the I-485 which states that she is ineligible to file for AOS as the principal J1 waiver has not been completed. From what we understood, concurrent filing for NIW physicians is permitted. Can anyone shed light on this matter. Hadron, J1 victim any thoughts??? What are we supposed to do now, since my wife would be out of status??????? Please help!!
Click to expand...
your wife's status, i assume was: J2 > H4 > H1
(and her NIW based I-140 and I-485 was with her being primary beneficiary, not as a derivative beneficiary from your I-140 and I-485 petition))

I remember reading in FAQ on pederson's website that once the principal J1 gets a waiver (and the J2 also gets a waiver alongwith), the J2 dependent is then free to pursue a GC off his/her own.
I tried to locate that link, but looks like pederson's website has removed that link.

in your situation now, i think an opinion from an expert attorney is needed.
.
 
You must log in or register to reply here.
Top