ac21 - marriage - new h1b - not transfer

[gc_luckyguy]

Hello All
I used AC21 and joined a new company. I plan to get married sometime soon and wondering how I can bring my wife as dependent.
My company is willing to sponser for new H1B and I talked to my lawyer.
My lawyers says
1) My case is a complicated one, however technically everything is correct and I can apply for new H1B.
2) He says that I might have to be outside US at the time of applying and he will confirm me shorthly on that.

Unique case but on paper everything looks correct.

US consulate might have some issues like
1) Why do u need new h1B when you have EAD?
Just to bring your wife - Not sure how they might react to this.
2) new H1B can be used as backup incase i485 is denied. Does not look like valid reason.
Eventhough everything looks correct on paper, reasoning looks weird because we are using up a new H1b quota when there is no need in the first place to word as far as INS is concerned.
New H1B in this wobbling economy does not sound good.
But well, everything looks correct on paper and INS has little reason to deny. But who knows.

Someone is this forum says that one is abondoning i485 when he applies for new h1b, and this is completely false.

I will let you all know when I hear from my lawyer as to whether one should be outside the country at the time of apply for new H1B.

Can one goto canada for new H1b or is it better to go to India.

 

[jaxen]

U dont have to be outside US when H1 is pending. What is the logic?

1. No dont say about marriage. Say that H1 is another employment authorization that employer wanted to file. Ask them(politely) whether there is a rule that says you cannot go back to H1 from EAD? This Q will not come because it is perfectly legal to do a H1 after being on EAD.

You wont be penalised for using up the quota, (maybe in the h1 forums)

To get the visa stamp, it does not make any difference whether you go to canada or home country. As long as you hav a AP to fall back on, your reentry into US is protected...