catiemumu
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Posts posted by catiemumu
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Hello all -
I am hoping that someone can help me with my questions below. Thank you in advance for your help!
[FACTS]
1. Married on 11/1/2015 to a U.S citizen
2. Currently on H1B visa with expiration date on 8/20/2016
3. I need to return to my home country Taiwan for our Asian wedding banquet on 8/7/2016
[iSSUES]
1. U.S. citizen spouse did not file 2014 tax return and the return may not be accepted and processed by IRS until April.
2. I may not receive my EAD card (AP) prior to my Taiwan trip on 8/7/2016 and I will lose my status of H1B on 8/20/2016
[QUESTIONS]
1. What would be the best time and best approach to handle my case? I have the following thoughts
a. File I-130 first in the near future and file I-129F in June timeframe. Interview with the U.S. consulate in Taiwan in August and return to the U.S. under K-3 visa. I will start I-485 once I return to the U.S. This could be beneficial as it’s my understanding that I can work under K-3 visa.
b. File I-130 and I-485 concurrently in April (contingent upon IRS’s receipt of my spouse’s 2014 tax return) and hope that I will get the EAD card prior to August. I have read some cases that most of people received their EAD card within 2 months.
Best time to submit I-485 in my case?
in What Visa Do I Need - Family Based Immigration
Posted
Hi NLR, can you please elaborate more on what you meant? If H1B can have dual intent (work and immigration purposes), I am thinking that maybe I don't need to apply for AP as my biggest concern is whether I will be able to return to the US.
We will file my spouse tax return in January/February and submit our GC application (I-130 and I-485, and supporting docs/forms) by March. If I need to travel out of the country during July and August time frame and can return to the US before my H1B visa expires on 8/20/16. I should still be able to enter the US given that I have 1) a valid H1B visa 2) filed I-130 and I-485, right? My only concern is that when I return to the US in August, it will be too close to my H1B visa expiration and could be denied of entry.
Thanks!!