I-130 approved but no decision for I-485 for 5 months. Please help!

[zvedavec]

Hi Immihelp,

I married my wife (US citizen) and I applied for green card one year later and we got the interview in June 2012. My wife also got her citizenship through marriage to US citizen. My wife and her previous husband rented me the room in multitenant house before she married him. Consequently, we had the same address before she married her previous husband. After explaining these facts to the interview officer he said that my case looks good but he still need to review it before final decision. I-130 was approved 2 weeks after the interview but I-485 is still in “review/testing” state for almost 5 months! I’m currently on OPT (till July 2013) and I’m worry that my I-485 application will not be approved till then and I will lose my job what will force us to leave US. My employer is willing to sponsor me for H-1B but that would mean withdrawing my current green card application.

Would withdrawing cause any problems if later applying for H-1B?

What should be the next step to move my case forward? (infopass for current case?, withdraw current application and apply for H-1B?)

Thank you very much for your time!

Respectfully,
zvedavec

[StatsKenya]

Apply for H1-B or EAD

Hi, given that you're only applying for H-1 B, you can also file for it without removing your application for the 485, reason being that H-1 B can be concurrently held with a Green Card ie Multi Status, unlike say an F-1 who cannot be an F-1 and also a Greencard holder and they have to specifically adjust their status..Given that your current status is F-1 you CAN apply for H-1 B while you wait.. But for my case I went in for an infopass after 2 months and three days later my card was sent for production..Please do research you're a student so therefore youre smart, and also you should have applied for an EAD.. I think you should actually send that but the problem with that is the time it might take.. So my advice infopass, and then contact your congressman you should have done all this unless your Status is being questioned for ineligibility for example certain crimes, might make your case stuck in FBI name check which a congressman can tell you.