asiv_visa

Hello everyone, I'm hoping to get some insights and advice on my current immigration situation, which has a few moving parts. Here's a summary of where my spouse and I are at: I-140 Approved: We have an approved I-140 petition under the EB-2 NIW (National Interest Waiver) category, with a priority date of November 2023. We initially filed this from Canada and were set for consular processing. Current Status in the US: We recently moved to the U.S. My spouse is on an O-1A visa, and I am on an O-3 visa. I am currently on parental leave. Need to Work: As I am on an O-3 visa, I am not authorized to work. My employer is in the process of filing an L-1B petition for me so I can resume working in the United States. Priority Date is Current: As of this month, our I-140 priority date is current, which means we are now eligible to file for Adjustment of Status (AOS) using Form I-485. This brings me to a few questions about the best way to proceed. My Questions: L-1B or I-485 First? What is the most strategic order of operations here? Should I wait for my L-1B application to be approved before we file our I-485 applications? My main goal is to be able to return to work as soon as possible, and my understanding is that the L-1B would allow me to do that upon approval. Alternatively, should we file the I-485 now that our priority date is current? If we do this, I know I would also need to file for an Employment Authorization Document (EAD), and I'm unsure of the current processing times for that. I've also been told that I may not be able to apply for the L-1B visa if I have a pending I-485 application. Waiting Period for AOS after L-1B Approval? If I do get the L-1B visa first, is there any required waiting period before I can submit the I-485 application? I have heard about a "90-day rule," but I'm not sure if that applies in my situation since we already have an approved I-140. Port of Entry for Canadians: As a Canadian citizen, can I process my L-1B paperwork at a U.S. Customs and Border Protection (CBP) Deferred Inspection Site within the U.S., rather than having to go to a land border or airport? Anything I'm Missing? Given the complexities of our situation, I want to make sure I'm not overlooking any other important considerations. Any advice or shared experiences would be greatly appreciated. Thank you in advance for your help!

Could you explain to me how come I was able to submit my DS-260 and be DQ'd even though my filing dates have not ever been current (or were not current at the time I filed)? My PD is Nov 23 and the filing dates are still at August 2023.

It's more complicated than that, but the situation is that she is going to remain employed by the Canadian company but be on parental leave for at least 6 months during that time? So technically she is employed but not working. I know I will have to check more carefully but I believe that's allowed

Thanks for the heads up. My partner will move with me but they will continue to be employed through a Canadian employer and will work remotely from the US.

At the time we filed for eb2 NIW the urgency of getting the GC in hand was not as high as now. My lawyer felt it would be safer to go through the eb2 route. I'm going to have to consult my lawyer again to see if O1 really is a good option.

I think I'll have to go with an O1 sponsorship since I would be eligible for that. I don't think this employer is cap exempt .

Okay, thanks for pointing that out. Should I be looking at the final action dates or the filing dates on the visa bulletin tables when it comes to being scheduled for interviews?

I thought you can still be interviewed while your PD is not current? I understand the GC won't be issued until the PD is current, but where does it say that you can't be invited to complete the medical exam/interview until the PD is current?

Because a TN visa is not a "dual intent" visa... so I worry that by applying for PR in parallel I am somehow breaking this dual intent.

I'm not worried about the TN being renewed, I'm instead worried about my GC not being approved if I am on a TN.

Is this allowed if I have a pending green card application? I read with the TN you have to show intent to return back to Canada, and if I have a pending ds-260 application that intent would be questionable?

Hi all, Really would appreciate some advice. I am a Canadian citizen living in Canada. My I-140 (EB-2 NIW category) has been approved with PD Nov 2023 and DQ May 2024. Waiting for interview letter from Montreal. I received a healthcare job offer in the US with a start date in August 2025. The job did not offer any visa sponsorship but they might be willing to offer H-1B sponsorship. However I am not sure they are willing to do this and put up with the costs. Other than H-1B sponsorship, what are my options to be authorized to work by August 2025? I am not sure that my green card will be approved by then but really would like to take this job opportunity. Thanks