Very confused in Follow-Join-In procedure

[dvdhe]

Hi, friends,

Just have questions from my friend. Suppose that he got married before I-485 approval. For some reason, he has to use EAD to work during his marriage (which means he cannot get his wife here using H-4). Then,

(1) When can he submit I-824 to INS? After I-485 approval or before I-485 approval (He has the I-140 approval already)? If after I-485 approval, it seems that even for I-824, it will take more than 1 year to handle in CSC

(2) Can he find another job in some place where the I-824 processing is faster or he has to insist on the center where he submitted the I-485?

(3) Can he quit his current US job several months after I-485 approval (NIW-category) and accompany the wife till she gets the immigration visa in her homeland? Or Whether the sponsor (my friend) has to keep the current or other US job so that the immigration visa interview will not be denied?

Your help and suggestion are highly appreciated!
Thanks a lot!

David

 

[mgh2001]

1. Follow to join does not apply after I-485 approval. If I-485 is approved your friend is a PR - waiting times for spouses of PR are horrendous right now.

2. If I-485 approval is based on NIW, I believe your friend can join any company he/she wants and leave anytime. NIW approval is not tied to a company ( no labor cert. is needed)

3. Need to get the timelines right. If the I-485 is approved, then marriage based GC interview will not occur for a long-long time (5-7 years at least). Your friend should ideally get married before his I-485 gets approved, so he can qualify for follow to join.