Need some answers please!!!

C

csjinna

Registered Users (C)
Hello Everyone,

I appreciate if someone can answer, if they 'been through or know of any similar situation that I am in.

I am in my 7th year of H1 and I got my labor approved 2 months ago. My wife was on H4 status when she landed in the US. She is a Physical Therapist and recently her employer applied for her AOS (I-485, I-765, I-131...). As her category is more promising than mine I am planning to apply for my AOS as her dependent. Is it OK to apply for my AOS under spouse category being on H1B which expires in July'2007? My lawyer said she is not sure if my current status will be valid if I apply for my AOS attaching myself to my wife's application. Somehow I felt she didn't have clear information on this. If I am applying as her dependent, is I-485 is the only application I send? Do I need to send an application for I-765 too? I am confused and my lawyer is confusing more and more... please help!!!

'appreciate it!!!
 
Applying for AOS does not affect your H-1B as its a dual-intent visa. You lawyer should know a bit more about immigration law IMHO. :)
 
Thanks for sharing the info Dr_lha. I am sure my lawyer needs to take a complete course on immigration again. Well, looking at the situation I am not sure what to do. To either go with my I-140 separately and get 3 years extension on my H1 or file I-130 and wait. Waiting for my I-130 approval on what status will I be working?.. well many questions, if you have any answers kindly let me know.

thanks a ton
 
If you file on I-130 based on your wife's Green Card, it may take a long time to be approved. Have a look at the Visa Bulletin to find out. If your H-1B expires while you are waiting for I-130 to be approved, you are no longer in legal status to work in the USA. You cannot get legal status to work or remain until you can file for AOS, which in you case cannot be done until after they give you a visa number I believe.
 
BTW - you would be in the F2A visa category which has a current priority date of Sept 1999, so could be waiting 7 years for a visa number.

Note however that I am not as familiar with this process as some others on this site, so hopefully someone else can verify this.
 
MY wife is yet not a GC holder. She just filed for her EAD (First week of Sept), will it make any difference if I attach my application to hers even before she gets her EAD (Visa Number)? Is this case considered any different than applying as a GC holder spouse?

BTW, thanks for your prompt replies.
 
csjinna said:
Thanks for sharing the info Dr_lha. I am sure my lawyer needs to take a complete course on immigration again. Well, looking at the situation I am not sure what to do. To either go with my I-140 separately and get 3 years extension on my H1 or file I-130 and wait. Waiting for my I-130 approval on what status will I be working?.. well many questions, if you have any answers kindly let me know.

thanks a ton
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IMO one course in law school will not do it --- it is such a vast area of law and is constantly changing --- practicing attorneys are in need of constant continuing legal education.

One course only barely covers the framework. That needs to be backed up by continous education and practicing experience --- are you sure your attorney is competent?
 
thanks for your reply PianoPlayer. Unfortunately I have no time to access my lawyer's competencies. I have some really serious issues on hand to tackle with. I wish I get some good info over here atleast.
 
csjinna said:
thanks for your reply PianoPlayer. Unfortunately I have no time to access my lawyer's competencies. I have some really serious issues on hand to tackle with. I wish I get some good info over here atleast.
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Hi:

Applying under her should not hurt your H visa --- I am not very sure up to what point you can join her. I would go and research it for you, but unfortunately no time right now. Your attorney must know the answer surely. Make sure about this and act quickly.

I noticed you posted about DORA. Bear in mind that DORA is not currently available for employment based petitions, as far as I know. You need to be immediately eligible, as you have the interview on the same day as filing the forms.

Best of luck
 
You are really cool painoplayer, thanks for the info. when you said "Bear in mind that DORA is not currently available for employment based petitions" I guess in a way I won't be eligible as I am on H1B... am I right??? I made an appt with the immigration officer to check with him on this. Also my wife is yet to get her EAD, I wonder if my eligiblity is lost there itself. I don't want to lose this opportunity as I am already in Dallas provided I qualify for this.
 
When she file AOS, you need to submit your I485 as dependent of her.(she must include your name in her I-140 application).
Important thing for you is keeping your own application (LC at least) until you get EAD as her dependent, because once you lose your application(withdraw or revoked), you lose ability to extend your H1 beyond 6th year.
 
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