I-485 issues

[vijayramanathan]

Please pardon me for the lengthy explanation of the scenario. Thanks.


Dated August 15th, 2002

I am currently on a H1-B visa (for Company X). I still have about 2 more years in H1-B. All these 4 years I have worked for the same company (Company X). I am married and my employer (Company X) have applied for I-485 (along with EAD and AP) in Sep 2001. But all along I never used my EAD / AP as I had a valid H1.

My wife has gone to India (she has a H4 visa stamp valid till Nov 2004), and she will not be able to come back to USA for atleast next 7 to 8 months (as we are expecting a baby around the first week of Oct 2002, and the baby has a medical condition which requires treatment immediately after birth).

My current employer (Company X) is about to lay me off. I have found a job with another employer (Company Y). But the new employer (Company Y) is refusing to sponsor H1, so I have to use my EAD privileges. I have already applied for EAD / AP renewal for me. But since my wife is in India (her current AP expires Oct 30th, 2002, and her EAD expires Nov 17th, 2002) I am not able to renew her EAD. I want to make sure that my wife and baby (after birth) are able to come to USA in a reasonable time (and not wait for 3 years).

Based on the above scenario I have the following questions.

1) My job with Company X is based in Dallas, Texas. But my job with Company Y may be based in Los Angeles, California. Since it has been more than 180 days since we filed for I-485, can I take the job with Company Y without affecting my Greeen card application process ? The job with Company Y is similar to the job in Company X.

2) Can both my wife and to-be born child apply for "V" Visas in India, as my wife cannot use her H4? If they are not eligible for these "V" visas, what other options do I have so that they can be with me in USA at the earliest ?

3) What will happen to my wife's I-485 application if it is approved before she could come to USA ? Will her not being in USA affect my I-485 application interview (if approved) ?

4) Where will the I-485 approval notice be usually sent ? Will it go to the law firm which filed for the I-485, or will I get a notice personally ? The reason I am asking this is because the law firm which filed our I-485 application handles all the Green card related cases for my current employer (Company X). I am not too sure if the law firm will engage with me on a one to one level, if I no longer work for Company X. If this is the case, can I look for another law firm to handle our green card application ? If yes, how do I go about doing this ?

Will appreciate your response to these questions, as I have to base my decision based on the answers to these questions. Thanks very much in advance.

 

[jaxen]

Answers

1. u can move to wherever you want in US without affecting the GC process. AC21 protect you.

2. V Visas are for family based immigrants only (I130). Since you did not apply for I130 for your dependents (that too before dec 2001) they are not eligible for V visas
http://www.ins.usdoj.gov/graphics/services/visas.htm

3. The I485 approval will wait for her until she comes.

4. you could file a G 28 for all the applications pending with INS (all 485s, EADs APs) so that address is changed to your address or to your new lawyer's address.

I think you are not realizing the enormity of the issue.
1. you need to apply AP for you and your spouse diligently. As long as you are here in US, you can apply for AP (Advance Parole) for your spouse too. Your spouse should use AP to enter US. EAD is used for employment, AP is the one used for travel. At least renew AP diligently for your spouse by September.

2. The real issue is how (& when) does your spouse plan to bring the baby to US. There are some restrictions as to how old a child can come into US along with mother, without valid papers, like AP. I suggest you consult a lawyer in this aspect and plan for contingencies all around (like delayed arrival due to medical conditions etc.)

Otherwise you should not face any problem...Good Luck.

 

[vijayramanathan]

Thanks Jaxen for your detailed response. It was very helpful.

Quick question on applying AP for my spouse. Can I apply for her advance parole when she is not in USA ? From your responses looks like I can. Will appreciate any input in this regard as to how I can do this.


We are planning to get the baby into USA may be 4 to 5 months after the birth. Will it be OK ?