An interesting scenario !!!!

G

gcar

Registered Users (C)
Hey Gurus,

I got laid off from company A just 2 days after applying for 485. Company A has promised to continue GC. After 4 months I got a job in company B based on my EAD. I have been in the job for abt 2 months. Now I approached my company B HR to apply for H1 transfer as I am planning to get married in the course of this year. Will this idea of mine to get my would be spouse on H4 legal ? If legal, has anyone gone thru such a tangle ? Any pointers are sincerely appreciated.

Also I have pay stubs of Company A as of Nov 2001.

gcar
 
file for yr spouses 485 asap

u cannot go back to h1 and it is not required as u can continue yr 485 with comanty A and file immediately for your spouses 485 before u get approved.
 
You can go back to H1...

The only caveat is that your EAD period will also be considered as H1. Unless you try that, you cannot bring in your wife in H4 into US. The only other option is to make use of the "follow to join" - i.e. do consular processing for your spouse after your 485 approval.
 
No Title

To file for follow-to join or AOS you must first get married before you get your GC approved if not it will take very very long time to get your wife into US.

-PCee
 
Guys herez the case !!!!

As I told u, I am working for Company B on an EAD. I am not yet married and I am planning to scout for my better half. If I were to search in India, there is a tag attached (atleat 80% cases) that I need to take my spouse with me IMMEDIATELY. Now that I am on EAD, getting her IMMEDIATELY is IMPOSSIBLE unless I get her a H1 thru a desi company. So, that pushes me to the other possibility, where I apply for a H1 transfer in my current company and get her on a H4. Now that u might have understood the case clearly, my questions are :

1. Am I legally allowed change to H1 in company B where I started on an EAD ?
2. If I do a H1 transfer, will this affect my 485 processing from Company A ?

P.S. NSC is the center for both A and B

gcar
 
No Title

I extended my H1B even though I had an EAD and this did not impact my I485 processing. I decided not want to use my EAD. In your case, you are already on EAD and want to change to H1B. I don\'t know if this is possible. In case it is possible, I am positive that your I485 is still fine, nothing to worry about.

I sincerely suggest you to talk to an immigration attorney in this regard.
 
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