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Filed: Other Country: Peru
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Posted

I live in Washington DC since 2005, working as a consultant for an international organization under a G4 visa, my contract is current until December 2012. My wife got her permanent green card in March 2011, based on employmen I was included in her's I-140 aplication.

I wish to apply for my green card, while my consultant contract is valid. I have some questions:

1. I must resign my contract after submission of the apllication?

2. I need to file, G-325A, I-693, I-131, I-485, I-765, I-508 and I- 566, is this correct?

2. Can I continue working until my contract expires.?

3. if the working permit does not arrive until December. can I sign another contract with the same international organization for the next year (2013)?

Thanks

Posted

The G-4 is not a dual intent visa. Therefor, I don't think you could have that visa renewed, if you also had a pending GC application with USCIS. If you file the application now, my understanding is that you can continue working on your current G4 until it expires, but you would have to confirm this with the HR department of your organization. Also note that some multi-national organizational organizations do not allow personnel to work for them with a GC. If you continued to work with your current employer, and were offered a permanent position, you would most likely have to surrender your GC and take the G4 back. For short term consultancies and contracts, it is usually ok to work with the GC.

If I understood you correctly, your wife is currently a permanent resident in the US. If you wish to adjust your status through her..

1. You must be in status while your AOS application is pending - so you have to have a valid visa for the duration of the processing of your AOS

2. The process, from what I know, takes roughly 3 years for a visa number to become available for spouses of LPRs

My understanding is that filing for AOS does not give spouses of LPRs temporary legal status in the US. I might be wrong though - someone will probably know more about this, and chime in soon.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

 
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