Immigration Site

Hello Everyone,

I appreciate if someone can answer, if they been through or know of any similar situation that I am in.

I am in my 7th year of H1 and I got my labor approved 2 months ago. My wife was on H4 status when she landed in the US. She is a Physical Therapist and recently her employer applied for her AOS (I-485, I-765, I-131...). As her category is more promising than mine I am planning to apply for my AOS as her dependent. Is it OK to apply for my AOS under spouse category being on H1B which expires in July2007? My lawyer said she is not sure if my current status will be valid if I apply for my AOS attaching myself to my wifes application. Somehow I felt she didnt have clear information on this. If I am applying as her dependent, is I-485 is the only application I send? Do I need to send an application for I-765 too? I am confused and my lawyer is confusing more and more... please help!!!

appreciate it!!!

Applying for AOS does not affect your H-1B as its a dual-intent visa. You lawyer should know a bit more about immigration law IMHO.

Thanks for sharing the info Dr_lha. I am sure my lawyer needs to take a complete course on immigration again. Well, looking at the situation I am not sure what to do. To either go with my I-140 separately and get 3 years extension on my H1 or file I-130 and wait. Waiting for my I-130 approval on what status will I be working?.. well many questions, if you have any answers kindly let me know.

thanks a ton

If you file on I-130 based on your wifes Green Card, it may take a long time to be approved. Have a look at the Visa Bulletin to find out. If your H-1B expires while you are waiting for I-130 to be approved, you are no longer in legal status to work in the USA. You cannot get legal status to work or remain until you can file for AOS, which in you case cannot be done until after they give you a visa number I believe.