I-94 and applying for I-485

kimberlily

Registered Users (C)
A little background: My husband is in the US on a TN Management Consultant permit. His I-94 expires July/08. Our daughter and I are on TD permits. His company wants to keep him permanently, and is looking at getting him a Green Card.

From all I've been reading today, so long as you've filed I-485 before the I-94 expires, you can legally stay working in the US until your I-485 is either approved or denied, correct? Can anyone provide links or documentation from the government that can provide us with peace of mind?

Also, if he has a pending I-485, what would our daughter and I have to do? My understanding is that we'd ride on his coat-tails, but the lawyer his company uses says we'd be on our own to apply for our own green cards. Since I wouldn't be able to get a green card sponsored by a company (they wouldn't be able to document the need to hire from out of the country since I only have a highschool education and no special skill set), I'm assuming that after my husband gets his green card, he'd be able to sponsor us, right?

Thanks for your help! :)
 
From all I've been reading today, so long as you've filed I-485 before the I-94 expires, you can legally stay working in the US until your I-485 is either approved or denied, correct?

You can remain in the US, yes. If you want to work, send in an I-765 with your I-485 to receive an EAD, which allows you to work. If you want to travel, file an I-131 for AP. I strongly suggest you do both.

Also, if he has a pending I-485, what would our daughter and I have to do? My understanding is that we'd ride on his coat-tails, but the lawyer his company uses says we'd be on our own to apply for our own green cards. Since I wouldn't be able to get a green card sponsored by a company (they wouldn't be able to document the need to hire from out of the country since I only have a highschool education and no special skill set), I'm assuming that after my husband gets his green card, he'd be able to sponsor us, right?

When your husband files his I-485, submit an I-485 (along with the G-325, I-131, I-693 and I-765; basically the same forms as him) for yourself and your daughter.
 
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