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springaround's Immigration Cases

the processing time is for those who already had a pending application. That means USCIS is working on application that were submitted on/before June 04, 2009.

You cannot submit 485 till/after your PD is current.

H1 & GC are the same status for tax purpose.

DO NOT TRAVEL WITHOUT AP unless she can enter using H/L visa .

OPT is NOT a visa status. Her status is AOS/F1

Otherwise:

1) without AP, she has to enter using F1 visa, while F1 require non-immigrate intend, since she applied for 485, she's showing immigrate intend and may be refuse entry.
2) travel without approved AP/valid visa, her 485 is deemed abandoned.

you can mail you & your wife i-485 packages together but still need separate payment --> 2 x $1010 = 2020.

your post OPT can't start till you graduate.
you can request your OPT to start within 60 days after your graduation date.

to jkemp,

"follow to join" is just a benefit, the dependents can file through CP or 485 to obtain green card by using the primary's PD and category (EB in this case).

1) what is the criteria for approving F1 for an H4 candidate? I-20, the school will check your bank statement for financial support.
2) Should the candidate have any kind of assistantship for sure to get F1 from H4? Don't need it if you can show enough financial support, again, only the school will check your bank statement.
3) Can i apply for AOS(485) while she is on her F1 if dates get current to my PD? YES

possible if you are filing under EB2 & she's Nepal citizen BY BIRTH.

within 60 days after defense. check with her international student office to confirm.

what about your online status?
you should take an infopass to have it correct if she get her GC in mail later.

OPT is for HIGHER degree level only.

OP,

my PD is 7/2006 too, EB3ROW, i am preparing a 2 yrs wait.
i hope you started your FB already because if anything goes wrong on your 140, you won't be able to adjust through AOS or CP.
also since your wife will be away for 2 years, she can't apply for citizenship right after she return.

use FB as a back up/insurance plan.

good luck

if u apply through NIW, you don't need to worry about not working for an employer. Your GC was granted based on your research and credential, not employment sponsorship.

Just take your time and find a research position within your field (in US) if you want to keep your green card.

i assume you were on H1B before, did you get a new H1B approval from your new employer?

If so, you're ok to file 485 since you're in status.

If not, you better go back home and enter with a new visa, then apply for i-485.

your PD has to be earlier, not equal to the cut off date, in order to apply for AOS.

you are an immigrant now, you can't apply for any non-immigrat visa (ex. H1)
also when you go to SSN, they will issue you a new card with same SSN number but without the "PERMITED WITH AUTHORIZATION".

things will only get better now since you have green card. i can't think of ANY reasons that your employer can treat you worse than before you get your approval.

you can also go to EB5, my friend got it within 2 weeks.
but 1st you need to give out 1M, LOL.

reminder, it's your responsibility to report IRS for ALL your income.
So even your employer didn't report it, you should report the missing part to IRS on your 1040 yourself.

I am sure most EB3 ROW with 2002 and older PD had gave up checking their status long time ago.

Member Profile: springaround (542 posts)