485 Amendments

[guywithoutgreen]

Hi all,

I want to know from the experts If I can amend my 485 considering the following scenario.

details

1. 140/485/EB2 filed concurrently in Oct'2002. 140 still pending.
2. H1 expired worked on EAD for a year
3. Got new H1 approval notice (same employer) to bring my future wife on H4. I am planning to switch from EAD to H1 starting december (of course, I have to go out of country and comeback on a valid H1 Visa)

Questions:

1. Would it be a problem in VISA stamping since I have used EAD?
2. If my wife get's her H4 stamping, would I be allowed to amend my 485 to include my wife.

please respond If you had been thru similar situation.


Thanks,
withoutgreen.

 

[usnycus]

See Inline...........

1. Would it be a problem in VISA stamping since I have used EAD?
No.

2. If my wife get's her H4 stamping, would I be allowed to amend my 485 to include my wife.
Yes. Anyway you are not going to amend your pending I-485 but submitting one more for your wife.

One can include spouse anytime from the date they file I-485 till it gets approved provided they are physically present to apply for I-485. Also, in case your wife gets into trouble with H4, you can request CP for her. Check with your attorney regarding CP option for your wife incase it’s required.