Need some advice about my case (I-485)

[tahito]

Hello all, I am a Canadian citizen living in the US since 98. My parents filed for adjustment to permanent status in 02. I was in school in the meantime and I dropped out for a semester for financial reasons.

I got my work permit in 2004 and I was working happily. In 2005, I applied for a renweal and I never got a reponse. I actually recieved a letter denieing my I-485 application because I fell out of status by not going to school for 1 semester. My lawyer applied for motion to reopen the case and I'm waiting for the response.

In the meanwhile, I found a really good job and the company is asking for my work permit, which I dont have since its expired. I am scared that my appeal might be denied. I also cannot work right?

I have a 10 month old daughter born in the US with my fiance who is citizen. Can I just start filing my case with her? and not wait for the appeal. Can I do the application myself? I was reading the USCIS website and I understand what I have to do. But is there something I'm should be aware of? Is there some kind of a tutorial?

My new company also seeking to sponsor me but don't know how to. They are a public company. I guess they would have to do a TN Visa.

Which way is faster for my to my work permit? I need to pay bills.

Thanks
Mir

 

[curiousGeorge]

Hello all, I am a Canadian citizen living in the US since 98. My parents filed for adjustment to permanent status in 02. I was in school in the meantime and I dropped out for a semester for financial reasons.

So...did you file for I-485 as a derivative of your parents, or were you the primary applicant, and you were adjusting from F1 status? Did you file for I-485, and then drop out, or were you in F1 status and you dropped out before filing for I-485? This is an important difference. Please provide more details.

I am scared that my appeal might be denied. I also cannot work right?

If you're on a dual intent visa like an H1b, or an L1, then you can still work, otherwise if you were on an EAD when your I-485 was pending (which it sounds like you were if you were on an F1), then your EAD is not valid until your motion to reopen is received. You don't have to wait until your motion to reopen is "approved", you only have to wait until its "received".

I have a 10 month old daughter born in the US with my fiance who is citizen. Can I just start filing my case with her? and not wait for the appeal.

Your daughter can only sponsor you when she's 21. Your fiance can only sponsor you when she becomes your wife. I believe you can only have 1 I-485 case pending in your name at a time, so it would probably be best to either withdraw your motion to reopen, or wait until it gets denied, then get married.

My new company also seeking to sponsor me but don't know how to. They are a public company. I guess they would have to do a TN Visa.

Your company should hire a competent lawyer. If you are asking about TN, then do you qualify for an H1b? The H1b route would be a bit easier, since you've already demonstrated immigrant intent, and that causes a problem with TN status.

Chances are that if you file for a TN, it will get denied, since you've already filed for a I-485, and a TN does not allow for dual intent. If you get your TN denied. then the only possible way around the dual intent clause on a TN is to officially withdraw your I-485, but this is not guaranteed. If you apply for your TN and you happen to get it approved then you're motion to reopen your I-485 will be considered abandonded. It all depends on the officer that reviews your case. After that you can get a green card from a TN, but it will take about 4 years:
http://grasmick.com/board/?topic=topic1&msg=43208