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130/CP / I-824 for Wife and 485 for my Self

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Filed: H-1B Visa Country: Pakistan
Timeline

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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