should my wife abandon her 485?

I

ImmigrateMe

Registered Users (C)
---WAS02-046-5xxxx
---FP:1/17/02
---EAD expired 3/5/03, being renewed, filed renew 2/14
---AP expired 1/5/03, I received my renewal 4/8, my wife's got RFE for marriage certificate

Employer tries to get us back to work, so they filed premium H-1 for us, got it in a week, in order to use this H-1, we need to go to Ti Juana, Mexico to "activate" the H-1. The trip to Mexico is next Tuesday 4/15.

Since my wife's AP renew has not come, if she travels to Mexico without AP, her 485 case will be considered abandoned (I am the primary applicant, she is my dependent).

Attoryney said the good thing for her to abandon her 485 by traveling without AP is that they can file a new 485 for her so it will be adjucated the same time as mine. According to online message, the max number of days my case should have a decision is 5/6/03.

If I wait till 5/14, I am qualify to get i-EAD. Should I go to Mexico? If I am using H-1, will it conflict with 485?

What shall we do? Please give me advice. I have to decide in a few hour.

Many thanks.
 
It shouldn't be problem for you since H1-B can be maintained along with AOS pending status. As for your wife I don't understand why she wants to travel with you and file 485 all over again?? And is she plannig to enter on H-4?? I heard now a days it may take a while before an H-4 is issued.
 
Thank you, user7. My wife and I work for the same company. The employer wants her to be back to work asap. She can wait for i-EAD or abandon her 485 just to get back to work 4 weeks earlier than work with H-1.
 
did u try getting iead before 90 days. I do't know why u want her abonden the 485 when its so near to approval. You can tell ur employer that she can work without pay during that time and she can be paid when her iead comes.
FYI if u file for her new 485 she will have to wait till her new date comes for processing again the same wait for more tne year and half. INS in no way will give her priorty cause u r getting approval.
 
Last edited by a moderator:
ImmigrateMe, I've been hella busy, so I skimmed thru ur message, mit've missed an important side to it .. but here is my take to it.

a) No guarantee that you and your wife will get approved at the same time, INS doesn't prioritize shit.

b) Don't muddy your case up .. this is INS we are talking about. Lots of people get married to get GC and INS watches GC - marriage closely, anything suspicious and they will make your life hell.

c) You have AP, you travel to mexico, get your h1 stamped, come back, and look into the possibility of getting her H4 without her leaving USA. (Remember she is in status coz her 485 is filed).

d) Leave your wife here, if she doesn't have AP .. but have a contingency planning that if for some stupid crazy god forbid reason USA doesn't let you enter again, your wife would be able to handle that situation alone here. I am sure lots of people on this board and friends in general would be more than willing to help her in this regard.

Later dude, enjoy mexico.
 
Don't muddy your case up .. this is INS we are talking about

ImmigrateMe ,

sillyman is absolutely right.
 
I think silly Man mistaken about your wife's case!

Hope you must have consider the risk of going to mexico to get H1 visa and coming back into the USA! Did you ever work on EAD before? Is your new H1 is a transfer from the old H1 OR is it a fresh H1? As sillyman said, you have to make plan B, if for some reason, the officer at the POE will not let you in. Because, now situation is not good (don't take any thing for granted and for that matter with INS) and going to mexico and comeback is even riskier!!! If you already worked on EAD and this is just a transfer of H1, then I doubt how things work for you?

Moreover, I don't know whether US consulates in mexico approving/stamping visas for third country nationals? I might be wrong in interpreting "third country nationals", but thought that it must be other contry citizens!!! So, be aware of all these facts before go out of the country.

I don't think abandoning your wife's I485 is not a good idea at all. So, consult your attorney (or any other good attorney) to findout any other alternative ways to deal with your wife's case.

Best of luck
 
Here is my 2c worth..

1. For you: since you have valid AP there shold not be any problem for you to travel outside the country to get your H1 stamped.

2. For your wife: I do understand that she wants to go out and come back in with H1 but it may be too risky! As your attorney suggested her I-485 may be treated as abandoned and she may need to file for a new one! If she has to file for a new 485, since your case is close to approval, mostly your wife's case won't be processed togeather. She need to wait for a very long time. Also once a case is abandoned or denied and refiled it takes very very long time to get approval. Also there is no guarantee that your wife will get visa stamp in the third country! You may be trying to save one month of time (for her to start work) but because of any reason if she cannot get her visa stamped then she cannot come back to US. She may need to go to her home country to get visa.

So for your wife it may be a better option to wait for one month and get iEAD. I am not sure if it is legal but if employer accepts and if it is legal and if she need to start immediately then probaly she should start work without pay for a month.

- PCee
 
our lawyers have supposedly filed for H1b extension for my husband - though I haven't seen any receipt number or anything ( just a bill for $ 3300 !!! -) - will my husband have to go out of country to activate it ?? It was filed in January - haven't heard anything. My husbands advance parole is expired so this could be a major problem
 
My 2 cents

ImmigrateMe,
I don't understand why you have to go Mexico. The approval of your H1-B is good enough to start working for your employer. Technically you can start working even before the approval, but after you get your LC approved. You would need stamp in the passport only if you plan to travel outside the USA and use your H-1B to return back. Since you have AP - you don't need to do that. The same is the situation with your wife.
I have changed several employers, but have only one H1-B stamp in my passport. Never had any problems and passed several checks in INS.

I have been in TJ, Mexico to get my visa stamped. My advice is - if you really want to go there - go alone. Make an appointment for your wife for another day. In this case - if they don't approve your entry visa (God forbid) she can handle your case from here. And vice versa.

Talk to another attorney. Don't let your wife abandon her 485

Good luck.
 
Thank you everyone! Few more quesitons.

Thank you all (ghost-rider, Silly Man, sheelum, sks2003, PCee, georgi) for the great advice! I am deeply grateful for all your caring. lindaMac, I hope you find an answer along this thread as well.

I know my situation is probably one of the most complicated. I am still trying to decide if I should go or not. Somehow I feel it is the attorney who really wants me to go because his firm can charge my employer big bucks for accompanying me to TJ, Mexico.

Let me recap few things before more questions. I have the renewed AP at hand. On May 14th, I will be qualify to get i-EAD.


1. If enter US using the newly obtained H-1, will it automatically expired my AP?
2. If enter US using the newly obtained H-1, will it effect my 485?
3. If enter US using the newly obtained H-1, will it effect the EAD that is being renewed?
4. When I go to US Mexico Consulate to activate the premium H-1 visa, if the officer wants to do security check of my application, which means I won¡¯t get the Visa on the spot, then I have to enter US using AP. If couple of weeks later the H-1 is approved by US Mexico Consulate. What statue am I on?
5. Since I apply for a brand new H-1, but I have been working for the current employer for 4 years. In the H-1 application form, BCIS only asks for formal employment history, should I mention the these 4 years with the current employer? To make matter complicated, my position changed during the past 4 years. My first H-1 was with the old title; the 485 application uses the new title. What title should I put on this brand new H-1 application? I assume I should put down the new title which was used in 485 application, but the new title is based on the past 2 years of work experience.
6. If enter US using AP, people on other thread suggested to bring EAD and recent pay stubs, is it true? But I did not work the last two months cause EAD expired.
7. If I still have the choice, should I go to TJ, Mexico to activate the premium H-1 or wait 4 more weeks to get i-EAD? What¡¯s the advantage and disadvantage of each option?

Thank you all very much!

ImmigrateMe
 
ImmigrateMe,

Before you go for something major like going to Mexico, why don't you try early iEAD? There are a number of people on this forum who have received their iEAD prior to 90 days, check the link below for a very recent approval. Offcourse both you and your wife should not go for iEAD at the same time. But have you thought about giving that a shot? I know in San Jose, it is pretty easy to get iEAD prior to the 90 day time frame.

http://www.immigrationportal.com/showthread.php?threadid=79627

I think going for this is so much easier than doing any of the other options open to you. And if you actually get it, then there is nothing like it.

As far as going to Mexico is concerned, I think Canada is a better bet. There is less of a wait, you get your visa much faster. And higher approval rates.

Good luck on your quest.

lindaMac,

There is no need to go out of the country to activate a H1 extension. In fact if your H1 visa has expired you can mail your husband's passport to INS to revalidate the H1.

Good luck to you as well!
 
You must log in or register to reply here.
Top