Marriage after filing for I-485

J

junior

Registered Users (C)
Hi!

One of my friends is in a situtation where he filed for 485, has a valid H1B till 2005 and recently travelled on AP

His dilemma is.... can he get married (in India) and bring his wife on H4 to the US. I mean is his H1 still valid? His lawyer says yes, But I thought I read a different opinion here in this forum.

here's what his lawyer says:
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Basically there is one answer to all these questions. Your H-1 is still valid. Your entry on your AP does not invalidate your H-1. (BCIS acknowledges the "dual status" of holding H-1 status while having an I-485 pending.)

An EAD has no effect on travel.

Your wife will be able to apply for an H-4 visa based on your H-1 approval notice. Meanwhile, you can continue to use the AP to travel.

FTS
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if anybody can give any input or point me to a relevant link or to an earlier discussion on a similar issue its greatly appreciated.

Thanks
junior
 
Hi there,

Honestly I think that your lawyer doesn't know what he/she is talking about. Your H1B visa is considered to be invalid from the moment you start using your EAD issued to a person with "pending I-485 petition". From that point you are a "legal alien with pending I-485 petition".

Logically, when you enter U.S. with a AP issued to a "legal alien with pending I-485 petition" and not an entry H1B visa, there is no way your H1B is still valid - otherwise why would you need an AP in the first place? You could just get a new entry visa based on your "valid H1B" and enter US after your travel to India, right?

Sorry to dissapoint you, but I believe this makes sense.

Good luck,
L.
 
Junior works on H1 and he can bring a wife on H4, that's for sure.
Junior, you _do_ work on H1, don't you? Forget AP, that has no effect, it's just important that you never started working on EAD.

However Junior, I'm not sure you can file for your wife's AOS. You'll have to ask others who know better, but I think you might have a problem there.

Guys, can one file for dependant's AOS if he got married after his own filing?
 
ruxrux & lusiks,

Thanks for your reply.

Ya, My friend is working on his H1. He didn't use his EAD yet.

The lawyer says one can file AOS for spouse as long the primary AOS is not Adjudicated.

Thanks
-junior
 
LAwyer is right.

You can use APavel even if H1 is valid. Using AP doesnt invalidat eH1. Use of EAD invalidates H1. So ur friend can apply for H4 and also for dependent 485.
 
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