Jim M and others. Please HELP!

T

Timbuk3

Registered Users (C)
Jim,

Upon suggestion from one of the visitors to this board, I\'m posting this case to ask for your advice. My 485 has been pending for more than 650 days. Here are the details

Category : EB2, India
RD : April, 2000
FP : October 25, 2000
Since FP could expire anytime, when I was at local INS for parole docs, I did a news set last month.
RFE : (Employment verification and biographical info.) December 2001
RFE received by INS : Dec 31, 2001 (According to AVM)

Still waiting...

INS keeps saying there are no problems. I have even contacted the local senator\'s office last months and provided them with all the details. It has been 15 days since, and no information yet.

I married an American citizen in May, 2001. But, on advice of my attorney, a second attorney, INS agents, etc., I did NOT change the process from employer-based to spouse-sponsored. My wife and I have been doing a long distance marriage (Philadelphia - New Hampshire) and are now tired of this whole thing. (She cannot move at this time because of a 5 year grant she is committed to). I am considering one of the following two options:

1. Apply for greencard through wife.
Issue: My H-1b has expired and I\'m on EAD. If I change the process, I\'ve been told that I need to stop my employer-sponsored 485 and apply for it through my wife. What would happen to my current employment status. Would I need a new EAD? If so, do I need to leave the country while I\'m waiting for the new EAD?

2. Just switch my job.
Issue: Jobs are not easy right now. If I take an un-secure job and get laid off, I\'ll have to leave the country.

If anyone of you has advice please respond to me. My wife and I are in late 30s and we need to start working on a family. PLEASE HELP US. All your comments and suggestions are appreciated. We will contact an attorney after we gather enough information.

Thank you
 
No Title

I can empathize with you. We are in a similar situation except that we are both pursuing our GC separately. We have been commuting between NY - KY for nearly four years now.

Did you receive any reponse from the senator\'s office?
 
None yet. I just called the office...

...and was told that she will call me as soon as she gets any information. (I talked to an aide and she was very nice. I\'m not sure if I can take any comfort in that :)

THanks and good luck with your case too.
 
Suggestion.

I saw a report in ABC last year. To catch a Senator/Congressman\'s attention to your problem, attach a check for $10 (or $100 if possible) as \'Re-lection contribution\'. They normally address your issue fast.
 
Here\'s the take... You can continue to ask Jim M for his...

Well, if you file spouse-sponsored 485, filing the paperwork keeps you in status so you can join your wife right away. You can also apply for fresh EAD the same day and receive it 2-3 months from that time. The advantage is you no longer have to work to maintain status and can therefore join your wife immediately. Its your spouse not your employment or lack of it that determines your status. Then when the new EAD comes, you can then get a job wherever you want, also you are not time bound. The cost to this is that your GC attainment, though certain (assuming the marriage is credible and not fraudulent), gets further delayed. (you have to figure how much earlier or later is the likelihood of getting your GC through your job relative to getting it through the new petition)

 My final piece of advice is for matters as important as this, rather than seek free opinions of questionable credibility from half-baked, self-appointed immigration pros like me consult a reputed attorney. Its worth the $$ spent.
 
esbee. Thank you.

I do plan to contact an attorney. I was just trying to gather some information before I do so. But thank you for your information.
(You may not be fully baked. But your response was NOT half-baked :)

Thanks bud.
 
Thank YOU. Act soon so you don\'t lose more time. Technically you can file the paperwork tomorrow an

 
 
I got some news from the Senator\'s office

The lady at the senator\'s office told me that INS gave her a time frame of 15-30 days to resolve my case. I have no idea why it would take 4 weeks if they start working on it. But I guess it is better than nothing. I\'ll keep my fingers crossed.
 
esbee correcly evaluated your options

You certainly have an advantage of being able to apply through your wife. Even if your case is adjudicated, you still should work for the employer for awhile (how long is a matter of opinion and the situation). It looks as if things are moving ok with your case.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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