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I-130 or I-140? Help?

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  • Guest's Avatar
    Guest replied
    I see. If H1-B revalidation in St.Louis is not an option, then yes, AP is probably the safest way to travel. But I've also heard people that used AP to travel has been increasingly scrutinized as well, its a no win situation until you got that GC.
    As for GC cost, I think its going to cost about $5000-10,000. If you're loaded, then it might not be a problem, but if you're scrapping bottom like me, well...thats lots of $$$

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  • Guest's Avatar
    Guest replied
    Yes, the reason is because many H1 experienced not comming back to America because of denial of visa from I've heard and guess what, dude - my spouse is here - we are not considerining separation as an option!

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  • Guest's Avatar
    Guest replied
    May I ask why are you so concerned with which way to is the faster way to get AP if you'll/already have H1-B ready to go? That should be good for travelling for 3 years, and by that time the I-130 should be approved. I just don't see the point of even entertaining the thought of pursuing GC through employment (and wasting $$$ just like you said), unless there's some foreseen problem in marriage that might cause I-130 to get cancelled.

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  • Guest's Avatar
    Guest replied
    Well, I did and the time line as long as I understand for advance parole trugh emloyment is about an year, when my spouse is expected to become a citizen in 2005. So I don't think it's worth it to pay $5000 (was it that much for GC employment based) just to able to go an year earlier back home, right? What do you think?

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  • Guest's Avatar
    Guest replied
    good! then just check the processing times for I-130 versus I-140 in the jurisdiction where you live, and keep both doors open.

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  • Guest's Avatar
    Guest replied
    I didn't say I'm overstayed, I did even mentioned such thing - I'm legal! And yes, I have a current H1 status which I will be maintaining!

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  • Guest's Avatar
    Guest replied
    You don't state in you query what immigration status you now have -- are you now in lawful non-immigrant status? For example, unexpired F-1 status?

    If not, then you can't obtain an H-1B visa (or any other NIV) without departing from the US and going through consular process. If you have been in US either out of status or have violated status, say by working w/o permission for more than 6 months, you may face a 3 year bar against coming back again if you have to leave to consular process the H1-B. (10 years if you depart after more than one year out of status).

    If this is your situation, then your only choice is to wait for the marriage based adjustment process, which you can begin either when your spouse becomes USC or your Priority Date for the I-130 becomes current.

    If you were an F-1 for duration of status (rather than a specific expiration date on your I-94), but have stopped studying or have worked w/o permission, then the clock does not start running on unlawful status for purposes of the 3/10 bar until the INS makes a determination that you are out of status. Under this circumstance, you would still have to go out of the US to get your H1-B, but would not be subject to 3/10 bar unless you accrued at least 6 months ULP after the INS makes the OOS determination, before departing US.

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  • Guest's Avatar
    Guest replied
    Yeah, then maybe it is not worth it paying what - $5000 for a green card via employement just to go back home a year earlier than via my I-130 marriage based, right?

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  • Guest's Avatar
    Guest replied
    NSC is one of the faster service center. Based on their current timeline, it'll take 3-4 months to get your H1-B. But your company can start the GC process in the same time as well. Advertisement will take a few weeks, then filing of Labor Certification via RIR probably will take 6-12 months judging from Labor Dept. timeline for Illinois (if through regular, might as well forget it). After that you can file your I-140/I-485/I-131 concurrently, and receive your AP in about 3-4 months time.
    So, taking the optimistic route, it'll approximately take you 1.5-2 years from now to get your AP if you go via the employment route.

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  • Guest's Avatar
    Guest replied
    Illinois

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  • Guest's Avatar
    Guest replied
    Which state are you in?

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  • Guest's Avatar
    Guest replied
    Thanks, Mmorales. I know what my rights are in my case, what I'm trying to guess here is only the time until my advance parole in both cases (I-130, I-140). I don't care about a green card via employment, because I'm going to have it trugh my marriage anyways, so I'm just trying to guess if there is a chance for me to get an advance parole via I-140 earlier that with my spouse becoming a citizen, nothing else matters in this case.

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  • Guest's Avatar
    Guest replied
    If you do not currently have an EAD, do not abandon you H status. A filed I-130 will not allow you to continue working. You will not get the EAD until after you file the I-485, so keep the H for now.

    I always say that two heads are better than one and the same is true with immigration. If the employer will file the I-140, go ahead and file it. You can have both on file with no problems as they are both immigrant intent petitions.

    Please let me know if you have any additional questions at info@myronmorales.com

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Yeah, but the company is willing to sponsor me with my own money for that. I'd like to somehow find out whether if I had both petitions I would be able to travel on advance parole faster thrugh employment or marriage pettion, because there is really not need to waste money on employment GC if it won't make back it faster. That's all folks!

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Because processing times varies at the whim of the INS officer, as well as the background cheque and thousand other things that might delay the process....

    As for the GC through employment, Labor certification is really being scrutinized right now. Depend on the state, it might take 1-2 year to get the LC. I-140 will take 6 months after that, and AOS via I-485 might take 2 years if not more(depend on Service Center). So you're looking a good 4-5 years for GC through employment.

    My opinion, if the company is willing to sponsor, might as well take advantage of it. You never know what will happen several years ahead, and when the time comes when the wife is USC, you could check back and consult whether its better to withdraw the current I-485 and let her petition you or not.

    Leave a comment:

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