Novice , Question in 485

[statusquery]

Hi All,

I'm new to I 485, I have couple of questions.

1. I have approved I-140 from my ex company, and my current company is processing my LC, but its taking too long and I'm reaching my 6 year limit by the end of the year. I talked to my earlier company and they are not going to withdraw my I140 nor my LC and kept it open. Can I file I485 with my personal lawyer.

2. If so, I'm planning to file I485 on my own, (means paying out of my pocket), does any one know a good lawyer who will stand by you and how much approx. it's costing.

3. I'm married, currently my wife went to India on vacation. Can I file my I 485 now and her's when she get's back. Is there any disadvantages/delay in her processing and getting EAD etc., for her.

Thanx in advance

 

[frodo]

Answers to your points:
1. You might want to solicit more opinions on this, especially from people who are/were in the same boat, but my understanding was that you have to be with the employer who sponsored your I140 at the time of applying for AOS. You also need to be with the same employer for at least six months before moving to another job. You need to provide an employment letter when you apply for AOS, and that would indicate that you've a different employer that the one who petitioned your I140.

2. You need to provide some details on where you reside so someone from that region can help you out on the lawyer issue. However, you can work with lawyers remotely too. Regarding fees, here's a sample from Rajiv Khanna's site:

http://www.immigration.com/ourservice/greencard.html

3. You can apply for her AOS after she get back to the US. Just ensure that you refer to your receipt number when you send her package in, so that both your I485 applications go together without delay. However, other applications, such as EAD, AP would take its normal time, from the time the actual application is received by INS.

Another point though. Hope she's got a H visa. Technically, if she has any other non-immigrant visa such as an F, and at the port of entry the officer finds that she plans to immigrate (very remote though, unless you being to volunteer information), she could be denied reentry.