URGENT!!! AOS to H1B ( for spouse derivative)

J

jambalakadi1

Registered Users (C)
Hi,
My wife is in AOS (i-485). She filed as my derivative. Her H4 has been expired few months back.

Can she file a New H1-B? Is it possible? she got EAD through I-485 but never used it.

Thanks
 
Hi RealCanadian..

The reason is ( as I posted before for multiple I-485's ) I want to start new GC process through my wife. I dont want to file I-485 but want to go for counsular processing. So just to be on safe side I though it better to be in H1-B status.

Can she use her existing EAD to work for her employer as we apply for CP(second GC) ? does it make any sense to you?

Thanks
 
Don't worry, it makes perfect sense!

One does not have to be working for the employer who files the GC, while it is being processed. The employer should have had an intent at the time of I-140 filing to permanently employ the beneficiary after the GC is approved when. Similarly, the beneficiary should have had an intent to join the employer once the GC is approved.

So, there is a catch - "obligation" to join the employer ONCE the GC is approved contrasted with the "privilege" of a Perm Res to work for any employer. Since "intent" is subjective and usually non-proveable, it is generally advisable to work for the petitioning employer for a few months atleast after the GC is approved. Different folks may agree or have different takes on this. But better safe than sorry.

That being said, since your wife working for her employer is not a pre-requisite for them to file her GC (and yours as her derivative), she can use her EAD from her current AOS (derivative to yours) to work for the employer while they file for her GC (and yours as her derivative). One can have multiple AOSes and/or CPs pending simultaneously.

Hope this helps. Good luck.
 
AOS Pending and CP ?

Awaiting_PR,

We are planning to start 2nd GC through my Wife (Physical therapist..PD is current) and we are opting for CP.

1. can we do CP while AOS is pending?

2. If CP is rejected for any reason. Can we comback using Advance Parole from my First GC process?

Where will beneficiary added in CP process?
 
jambalakadi1,

Sorry for the delayed reply. Was away.

We are planning to start 2nd GC through my Wife (Physical therapist..PD is current) and we are opting for CP.

1. can we do CP while AOS is pending?

Normally, no. But under special circumstances, Yes. Search posts on Attorney Certified 140 (AC 140)on this and other sites. A lot of people have been able to do it successfully. We were planning to do it ourselves but our 485 itself came in before we could send the paperwork to the consulate.

2. If CP is rejected for any reason. Can we comback using Advance Parole from my First GC process?

Again, normally no. But if using AC 140, yes! That is the beauty of Ac-140 - best of all worlds
Pros
1) Speed of CP
2) AOS benefits like EAD, AP and AC-21 portability
Cons
1) Need to schedule overseas visit at short notice - vacation and cost issues
2) Might need to redo medical tests - not sure, check up on that.


3) Where will beneficiary added in CP process?

In normal process (or even AC 140) believe that spouse and you go together for CP interview with proof of marriage etc. Remember, LC and 140 are only for the primary beneficiary. Check up if spouse might need seperate CP interview appointment or can just tag along with primary beneficiary.

Hope this helps!
 
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