What are my options?..getting back to work!!!

S

san27geet

Registered Users (C)
Our GC is in last stage currently waiting for our date to be current so we can schedule appointment at consulate of our country of origin, since we have opted consular processing. Below are key details

EB3;PD 12/5/2002
Labor & I-140 approved

I am in my 8th year H1B extension and my wife cannot work since we have crossed 6 years stay in US. I am looking for options so my wife can get back to work as soon as possible and I don't want to wait for my date to get current, as wait for that like a black hole. So if any one can suggest what are our options and best bet. Also any idea what expenses are incurred.

Thanks in advanace
 
san27geet said:
Our GC is in last stage currently waiting for our date to be current so we can schedule appointment at consulate of our country of origin, since we have opted consular processing. Below are key details

EB3;PD 12/5/2002
Labor & I-140 approved

I am in my 8th year H1B extension and my wife cannot work since we have crossed 6 years stay in US.
---------file for H4 extension before her I-94 expires so that she can stay in US(cant work onH4)
OR
file your I-485, her I-485, EAD AP if PD for you is current
OR
if she was on H1 status and any LC for HER is pending more than 365 days she can file H1 extension.

I am looking for options so my wife can get back to work as soon as possible and I don't want to wait for my date to get current, as wait for that like a black hole. So if any one can suggest what are our options and best bet. Also any idea what expenses are incurred.

Thanks in advanace
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There is no prior GC filed for her so no 365 dayls old LC. I cannot file I485 till the date gets current. Current processing date is 4/15/2001. So I am 21 months behind. So do I have any options getting her back to work..
 
san27geet said:
There is no prior GC filed for her so no 365 dayls old LC. I cannot file I485 till the date gets current. Current processing date is 4/15/2001. So I am 21 months behind. So do I have any options getting her back to work..
Click to expand...
---------file for H4 extension before her I-94 expires so that she can stay in US(cant work onH4) till your H1 status and you need to be on H1 status
 
ginnu said:
---------file for H4 extension before her I-94 expires so that she can stay in US(cant work onH4) till your H1 status and you need to be on H1 status
Click to expand...
My H1 and my wife's H4B has already been filed. I just need to know if there is any possibility she can work again legally while we wait for our priority date to become current.
 
H1 can be renewed if there is a one year stay outside US. I don't think the one year has to be all at once, ie 3-4 months at a time might work as long as it adds up to one year after the 6 year limit. I'm not sure about this. you will have to check with your lawyer. I don't think there is any other way she could work unless your PD becomes current and you get EAD.

P.S. I'm just a layperson, not a lawyer.
 
applejuice said:
H1 can be renewed if there is a one year stay outside US. I don't think the one year has to be all at once, ie 3-4 months at a time might work as long as it adds up to one year after the 6 year limit. I'm not sure about this. you will have to check with your lawyer. I don't think there is any other way she could work unless your PD becomes current and you get EAD.

P.S. I'm just a layperson, not a lawyer.
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Well that just dashed my hopes.....anyways thanks for eveyone who responded. I do have lost hopes but still I was just trying. Only hope iif my PD becomes current in near future....a miracle. Now it is 5/8/01 for EB3 and mine is 12/5/2002. I guess at least a wait of 2 years before I am eligible for consular processing.
 
san27geet said:
My H1 and my wife's H4B has already been filed. I just need to know if there is any possibility she can work again legally while we wait for our priority date to become current.
Click to expand...
1 she is not on H1, no LC filed and Pending for HER more than 365 days so that she can extend H1
2 her derviative I-485 is not filed and she cant get EAD
3 you both filed for CP option and at this time you both cant file I-485 due to your PD.
I dont see any option better you remain on H1 and she on H4 . talk to your lawyer if he/she has any options in your situation.
 
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