Travel advice while filing GC

C

cbrbb

Registered Users (C)
Situation:

My fiancee is joining a new job.

She is currently on OPT (valid till aug 2006 & visa stamp valid for another 4 years) and will be travelling to India for 2 months starting nov 1st - Jan 2nd.

We are thinking of filing for GC under Schedule A.

Couple of options, but we are throughly confused. Instead of messing things up, we are deciding what the best option is to proceed.

Option 1:

We can file for wage determination and LC, followed by I-140. I presume we will have to wait for I-140 to be approved before we can file for I-485 ( is this true ). Not sure how long I-140 takes at this point.

Option 2:

She can delay her departure by a few weeks and file for I-140/485/AP now and then set out to travel. Since her opt is valid, can she re-enter the country without any problems ?

Q1: Do we need to file for Advanced parole at all ? since we have legal re-entry documents (H1 in my case and OPT and a job in her case ).

Q2: Will 45 days make any difference for adding my name to her application ??

Q3 What option seems better for us ?

Thanks a ton.
 
This info. might be useful to you: the moment she applies for 485 she cannot re-enter on the OPT received through F1. She will need Advance Parole to re-enter.
In your case you can return on valid H-1 stamped in passport even if your 485 is filed.


cbrbb said:
Situation:

My fiancee is joining a new job.

She is currently on OPT (valid till aug 2006 & visa stamp valid for another 4 years) and will be travelling to India for 2 months starting nov 1st - Jan 2nd.

We are thinking of filing for GC under Schedule A.

Couple of options, but we are throughly confused. Instead of messing things up, we are deciding what the best option is to proceed.

Option 1:

We can file for wage determination and LC, followed by I-140. I presume we will have to wait for I-140 to be approved before we can file for I-485 ( is this true ). Not sure how long I-140 takes at this point.

Option 2:

She can delay her departure by a few weeks and file for I-140/485/AP now and then set out to travel. Since her opt is valid, can she re-enter the country without any problems ?

Q1: Do we need to file for Advanced parole at all ? since we have legal re-entry documents (H1 in my case and OPT and a job in her case ).

Q2: Will 45 days make any difference for adding my name to her application ??

Q3 What option seems better for us ?

Thanks a ton.
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