Cp/I-824 for Wife- AOS/485 for my self


J973R494

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Hello Folks,

Here is my story:

I have I-140 approved in EB2 category (priority date is July 2010 and is current) but not have file the AOS and 485. I was waiting to get married before the green card and now I got married on Sep 27th 2011. Now the issue is my wife can not come to US till June 2011 because of her studies. She is in her last semester. Now, I am planning to file my AOS in US and her application as counselor processing in Pakistan. I can will be able to file I-824 for her and once my AOS-485 is approved I can file for her CP application. The issue is currently it taking more time to get AOS approved. (6 to 12 months in Taxas service center) and I can wait to see my wife. I want her to come very next day after her exams :)

Now I am confuse and wanted your advice on this.

1) Do you think it would be helpful if she apply for H4 before filing her I-824? In case if it takes later than June 2012 for my AOS/485 to approve she can come to H4 visa. The only issue is what if my application is approved before June, let say in April. Then her H4 will be revoked. As I mention, she can only apply for CP once my 485 is approved. Is there a way delay my process AOS till July so that she can come to USA? I wanted to save her time while she is still in School and I want to be with her ASAP.

2) Do you think can I file for her 485 once she come to US in July. Meaning when I am almost 7 months into filing. Does it matter if I have already filed her I-824 and later bring her to US? Will it cause any issues?

3) Do you think if I wait to file for my AOS until she gets her H4 or I can file my AOS/485 and do not file I-824 until she gets her H4 visa? Initially I was planning to file her I-824 at the same time with my AOS application.

4) One may ask if I can wait till June to apply for my AOS/485 but as you all know there is a new bill in senate( H.R.3012 - Fairness for High-Skilled Immigrants Act) which can remove ROW queue. I would like to secure my application so that I do not get effected because of H.R.3012 - Fairness for High-Skilled Immigrants Act. Do you think waiting till July 2012 would not cause any issue in my case?

I would appreciate if some one can answer these questions or guide to other better possible solution.

Thank you for reading my post. Looking forward for the answers and guidance.

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1) Does not matter. If you are approved before she enters the US, her entry would not be legal.

2) If you want her to file for AOS, you should not file I-824.

3) I-824 is for CP. CP is the opposite of AOS. CP has NOTHING to do with H4. You are confused.

4) So, your PD will be two years out in June. Even if EB2 ROW retrogresses, it is unliely to retrogress as far as your PD (the law actuall phases the changes in over 3 years). That's one. Second, let's say if does retrogress as far as your PD. If your AOS is approved by then here is what happens - 1) your wife can't come to US on H4 because you are no longer on H1 2) Your wife's CP will not be processed because the PD is not current. So, if your PD retrogresses, and you get your green card, you are not "securing your application" - you are shooting yourself in the foot and leaving your spouse behind.

The only good reason why you would want to file for AOS now is if you are afraid your job is not stable. As you see, other reasons have a tendency to backfire.

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