I-485 still pending for name check, while wife waiting to apply for FTJ

L

longgone

Registered Users (C)
Hello everyone,
I have been waiting for I-485 approval since 12/2002. Many inquiries sent. The latest reply from USCIS is that I am still stuck at FBI name check. I got married 6 month ago. Wife is still in China and waiting for my greencard approval to start her FTJ. With the long processing time and the recent retrogression, I am getting increasingly worried. Anyone can suggest some other ways my wife can get here earlier? Thanks a lot.

EB2, CSC
I140/I485, RD 12/2002
I140 approval, 01/2003
FP1, 01/2003
FP2, 03/2005
FOIPA inquiry, 06/2005
FOIPA reply, 09/2005
 
longgone said:
Hello everyone,
I have been waiting for I-485 approval since 12/2002. Many inquiries sent. The latest reply from USCIS is that I am still stuck at FBI name check. I got married 6 month ago. Wife is still in China and waiting for my greencard approval to start her FTJ. With the long processing time and the recent retrogression, I am getting increasingly worried. Anyone can suggest some other ways my wife can get here earlier? Thanks a lot.
Click to expand...


Sorry to hear about it, many ppl are going this painful situation.

If u have concern to bring her here before FTJ,

Try individual visa for her as temp worker, best is H1 route.

if no luck may try F1, B2 but chances are low than H1.

Also remember whatever route you choose be aware of it that any false info given to consular may trigger consequence as result long years on visa/entry bar.


You may also learn more about FTJ on this link

http://boards.immigration.com/showthread.php?t=96693&page=82&pp=15



Good Luck
 
Last edited by a moderator:
Apply for H-1B visa while I-485 pending?

I am thinking to apply for H-1B visa. So my wife can join me on H-4 visa. My H-1B status expired on 2003. My company did not renew it because my EAD was approved.
But when I called USCIS hotline yesterday, a lady told me that I had to give up my EAD and pending I-485, in order to change from AOS to H-1B status. And I have to go back to my home country to apply for the new H-1B visa. Is it true? I don't think I want to give up my I-485 after almost 3 years waiting. Is there any way to avoid giving it up, but still can change my status to H-1B.

EB2, CSC
I140/I485, RD 12/2002
I140 approval, 01/2003
FP1, 01/2003
FP2, 03/2005
FOIPA inquiry, 06/2005
FOIPA reply with no hit, 09/2005
 
longgone said:
... ...
But when I called USCIS hotline yesterday, a lady told me that I had to give up my EAD and pending I-485, in order to change from AOS to H-1B status. And I have to go back to my home country to apply for the new H-1B visa. Is it true? I don't think I want to give up my I-485 after almost 3 years waiting. Is there any way to avoid giving it up, but still can change my status to H-1B.
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What the lady told you is pretty much true and you do have to leave the country to apply for a new H-1B visa to re-enter. The only thing that I'm not sure is whether or not this switch will lead to an abandoning of your pending 485. I thought a person in such a case would only give up his AOS status but retain the application itself. Please double check with other people on this. The USCIS hotline doesn't always give you correct information.

But if what she told you was right, then it won't be a good idea to abandon your pending 485. Of course you can always refile it in the future, but given the current retrogression in EB2 for China, you never know when you'll be allowed to file the 485's again. Your PD (12/2002) is still quite far away from the current cutoff date (05/2000)...
 
I have similar situation. Got married last year while 485 pending, she is still in my home country waiting for FTJ. My application is stuck in the 'NAME CHECK' for past 2 years. Is there any way I can be with my wife besides leaving US for good.

EB3 VSC case transfered to TXS
03/17/03: 485 receipt date
05/23/05: FP notice
5 EAD's 4 AP's
 
asn9 said:
I have similar situation. Got married last year while 485 pending, she is still in my home country waiting for FTJ. My application is stuck in the 'NAME CHECK' for past 2 years. Is there any way I can be with my wife besides leaving US for good.

EB3 VSC case transfered to TXS
03/17/03: 485 receipt date
05/23/05: FP notice
5 EAD's 4 AP's
Click to expand...

There is a way - sue USCIS to get your GC
http://boards.immigration.com/showthread.php?t=194681&page=822
 
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