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Belle

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Posts posted by Belle


  1. There is no easy answer here. Also, you are classifying her options incorrectly.

     

    The options need to be considered as 1) her independent status and 2) her being your dependent/derivative. For #2 you must be married, but #1 works either way.

     

    Independent:

    1. Visitor. Actually, it's a fine option for her to test the waters. It is OK to come as a visitor with an intention to look for a job. However, there may be some restrictions on changing to student status. Even if there are, however, a quick trip back home for the visa solves it.

    2. Student. You have dismissed this opportunity, however there are many universities in the US that provide financial help for graduate study. Once she is here, she should check them out.

    3. Work status. This one will be tougher because not only she would need a job offer, the company will have to apply for her work visa, she will go through lottery (with uncertain results), and then the company will have to wait for her for at least 6 months to start. Not a feasible option unless she is able to start working immediately on a temporary authorization (like OPT) and wait for the H1 status to clear out.

     

    Dependent. I can't comment here because your status is not clear.


  2. 1. You can re-enter using H1 and H4 visas.

    2. If you application is approved before your wife comes to the US and files I-485 (we are talking approved weeks before - if days, she can likely push the envelop by entering on H4 - I recommend that she enters the US before you do), then she will need to file following to join.

     

    So, call a lawyer and ask about your wife entering after your green card is approved on H4. How many days in between do they think they would be comfortable with? Should you be outside the US when your green card is approved? The point is that she can pull this off under the assumption that you did not know the green card was approved, and once she is legally admitted to the US, she can file her I-485.


  3. To get reliable information, you can either ask the old company whether they withdrawn your application or you can file FOIA request. Or just pull the status of application on the web-site (but it may not be reliable). Another way is to get an InfoPass and ask about it. Just say you are about to file a new petition, so would like to confirm your priority date from the old one. Then, ask whether it was withdrawn.

     

    For a new green card, you will need a new LC/I-140 from your new employer. You can join the old company and file I-485, but I fail to see an advantage if you don't want to work there. LC/I-140 will take 6 month to 1 year, which in your career/life terms won't make much difference.


  4. Depends of whether your I-485 has been accepted (i.e. receipt number given and check cashed) or not. If not accepted, it will be rejected, i.e. sent back as is. If accepted, it will be denied, and you are out for the money. Ask your lawyer. I really don't know how efficient the USCIS with this is.

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