Jim M. Please help!

Timbuk3

Registered Users (C)
Jim,

Upon suggestion from one of the board visitors, 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
 
Post this message in I-485 section, not in VSC section.

You can find Mr.Jim Mills advises in that section. Good Luck
 
One of my colleague..

One of my colleague is having the similar problem like you except...his cas was transferred to local INS..

He applied 3 yrs back 485.. but still he is waiting..

i asked him.. why dont you go for Marriage based or CP....

He did a lot of research.. and finally he said.. "Staying with Employment category i will get my GC faster than Family or CP.."

That much i know..

I do not know what kind of research he did.. and how he came to that conclusion....

Sorry for not helping much...
 
Top