kaiser malek
Registered Users (C)
a
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Urgent! Need quick info
- Thread starter kaiser malek
- Start date
YesGuys,
I am currently eligible to for filing 485. Well, here’s what I am a bit concerned about. I am just trying to figure out what’s the best option for me here. My current H1 visa has expired. I have H1 extension approval until 2010.
1. Can I go to India and get H1 visa (after I receive 485 receipt notice)?
Yes2. Can I bring my wife on H4 visa (after I receive 485 receipt notice)?
Don't know3. Isn’t Consular Processing faster than Adjustment of Status?
No connection between your "getting" EAD and your wife coming to US, but if you start using your EAD, then you loose your H1 status and hence she cannot get H4.4. Can I bring my wife after I receive my EAD?
Only after she applies for 485, she will get AP.5. Can I bring my wife on Travel Document?
Thanks in advance.
Best way, Apply 485, go to India, get H1 stamped and get H4 for your wife there in India. Both of you come to US. Apply for her 485. I suggest you stay on H1, but if you plan on using EAD, then apply for her AP also.
kaiser malek
Registered Users (C)
Thanks Eric. This info definitely helps. Like you said, the best way is to get H1 stamped and get H4 for wife.
kaiser malek
Registered Users (C)
Just one more thing I forgot to ask earlier. Let's say if I get married after I receive my Travel Document, then can she come on H4 or does she have to apply for AOS and wait?
Same Suitation
I am in the same suitation.My PD is current and i am ready to file my 485.My fiancee is in pakistan.she has b1/b2. I dont know if i should wait and dont file 485 yet and wait until she comes here on b1 asap ,get married here and then file our 485 together.Dont know if it will be considered a visa fraud since the marriage will be done asap when she comes here on a visit. I am talking to a professional attorney on 29th and maybe he will let me know what to do .
I am in the same suitation.My PD is current and i am ready to file my 485.My fiancee is in pakistan.she has b1/b2. I dont know if i should wait and dont file 485 yet and wait until she comes here on b1 asap ,get married here and then file our 485 together.Dont know if it will be considered a visa fraud since the marriage will be done asap when she comes here on a visit. I am talking to a professional attorney on 29th and maybe he will let me know what to do .
Just one more thing I forgot to ask earlier. Let's say if I get married after I receive my Travel Document, then can she come on H4 or does she have to apply for AOS and wait?
Your getting travel document (AP) does not change anything. She can still get H4 and come here if you are maintaining your H1. FYI: AOS can be filed when a person is already present in the US. From overseas, GC is processed via counslar processing.
2. Can I bring my wife on H4 visa (after I receive 485 receipt notice)?
-- Yes, but it is advisable to file I-485 together (with your wife). For that, you should get her H4 and bring her in the US before filing for the AOS.
3. Isn’t Consular Processing faster than Adjustment of Status?
-- Yes.
kaiser malek
Registered Users (C)
Okay one more thing. Let's say I go ahead and file for my AOS. Now, how late in the process can I bring my wife on H4? beforel I get my GC in hand or it goes in printing or some other time frame?
Thanks guys.
Thanks guys.
TheRealCanadian
Volunteer Moderator
Okay one more thing. Let's say I go ahead and file for my AOS. Now, how late in the process can I bring my wife on H4?
You can bring her in so long as you are in valid H1 status. Once you work for someone else (or your I-485 is approved) your H-1 is toast.
kaiser malek
Registered Users (C)
Oh okay. Thanks.