Immigration Issues/I-485 Query


Dear Sir,
     I am working in US on H1B Visa. I have already completed 6 years on my H1 Visa and am currently working on 8th year extension. I keep getting incremental yearly extensions because my labour Application is pending with DOL. As the company is not doing well and are laying off people, I have found a job oppurtunity in Canada. I am in dilemma as my wife's Green Card Application is also in progress and she is eligible for concurrent filing of 1-140/I-485 as & when her labour gets approved from DOL (we expect it soon as per the FIFO regulations). Now the Question is that can she include me on her I-485 if I am out of US. If yes, What will be filing status of I-485 for her / myself (i.e Consular processing or AOS). Am I eligible to enter US on H4 Visa after I leave the country. Do I have to stay out of US for 1 year before I become eligible again to apply for any H/L Visa. Please do let me know my options.

Ajay Kapoor

You are obviously quite confused and if you do not have an attorney assisting you, I strongly suggest that you retain one.  You will need to file your own I-485, not just be listed on your wife's.  If you are out of the US, you will not file an I-485 but you would need to consular process.  Consular process and adjustment of status are mutually exclusive, you can only apply for one or the other.It sounds as if you could maintain your H-1B status (or H-4 status if your wife is in H-1B) but I can't be certain of that without a review of the case.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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