H1B filing for I-485- Two questions

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NewCanadian
Posts: 75
Joined: Sun Mar 07, 2010 5:07 pm

H1B filing for I-485- Two questions

Post by NewCanadian »

Hello,
My H1B priority date is likely to be current shortly. This can cause me concerns in two area. Seeking advise on both these.

1) Spouse on TN- Although spouse I-94 validity is over 2 years, I heard that, leaving country can be an issue. Is getting EAD with I-485 is a possible solution ? Spouse makes frequent trips to Canada to visit kids.

2) Studying in Canadian university- Daughter does not want to return to US halfway from Canadian university till med school is completed even when she gets green card with us. Of course, she will be coming to US almost every 3 months. Is that sufficient?
She won't be away from US for 180 days any time.

Understand that her citizenship eligibility start period will be delayed till she completes school.
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

There is nlo such thing as h1-B priority date. I presume you mean EB process priority date.

If she files I-485, she vcan no longer enter US in TN status and she cannot leave US. So as part of her I-485 submission she MUST file for EAD and AP.

You, with your H1 and your daughter (presumby wiith H4) do not need this.

Your daughters ties in US would appear to be strong enough to keep her GC alive. She would ALWAYS have to tell theborger guards thta she LIVES in S and is merely going to school in Canada.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
georgecombey
Posts: 6
Joined: Thu Mar 24, 2011 11:18 am
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Post by georgecombey »

Hi,

I think it would be better if you consult an immigration lawyer so you can get accurate resolution to your concerns.
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