AP while on H4?

4

485_spouse

Registered Users (C)
This is the scenario I have in mind.

As PD is moed back to 1JAN98 for eb3/India.
I'm assuming this is not going to stop processing for people who have already filed their 485.

Since my 485 is already filed, I have a chance (a tiny chance) that my 485 will be approved. But due to reto. I cannot file papers for my wife.

According to the document at uscis site
(link to uscis ) I can file papers for my wife even after getting a green card if she is in us on 'lawful admission or parole'

Usually, if a spouse is petitioning for you and you are currently in the United States through a lawful admission or parole, you may file a Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time your spouse files the I-130 petition on your behalf.
Click to expand...

If I'm approved now(When we are in us) (I'll pettion for my wife, and she is here on H4 'lawful admission') every thing should be fine.

what happens if I'm approved when I'm visiting India?
How do we (Myself and wife comeback to US so I can file her papers)

I'm assuming that I can comeback on AP after approval of GC.
Can I file AP for my wife (while on H4) so she can enter US?
Is it better to stay in US while the decision is being made?

I hope i didn't bore you guys.
Thanks,
 
Last edited by a moderator:
I485_spouse

Let keep in contact. I amin exact position. EB3 india, PD Feb 2001. Stuck in name check. 7'th year on H1. Is your spouse laready here on H4. I am yet to get married and get her here.

I was planning to chnage jobs also, not sure amymore becuase of this.
Do you know if I can move on to a different job on H1 (I am beyond 6 years) and will my H1B visa has to come from teh annual quota which tend to get taken on teh first day.

Let me know any inputs you might have.

--thanks
 
stinger said:
I485_spouse

Let keep in contact. I amin exact position. EB3 india, PD Feb 2001. Stuck in name check. 7'th year on H1. Is your spouse laready here on H4. I am yet to get married and get her here.

I was planning to chnage jobs also, not sure amymore becuase of this.
Do you know if I can move on to a different job on H1 (I am beyond 6 years) and will my H1B visa has to come from teh annual quota which tend to get taken on teh first day.

Let me know any inputs you might have.

--thanks
Click to expand...
My wife is here on h4. We missed the 30th Dec 2004 date by few days.
I'm not sure about job change. I'm planning to stick it out with my current employer.
 
485_spouse said:
Since my 485 is already filed, I have a chance (a tiny chance) that my 485 will be approved. But due to reto. I cannot file papers for my wife.
Click to expand...

Until your priority date becomes current, you have exactly ZERO chance of getting approved.
 
I485_spouse
Thanks. Have you wife AOS applications ready all the time. The day your PD becomes current, mail them out.

RealCanadian

I have EAD/AP, AOS pending on name check. I am in 7'th year H1B.
Can I change companies on H1B or should I use AC21 only?

If I use Ac21 I am not sure how I can get my spouse here.
Does that mean I will have to stick to the current company, keep renewing my H1B and have spouse come on H4 an dthen apply for AOS once my PD becomes current (and pray I do not get approved bfore I file for her AOS).

--thanks
 
stinger said:
I485_spouse
Thanks. Have you wife AOS applications ready all the time. The day your PD becomes current, mail them out.

RealCanadian

I have EAD/AP, AOS pending on name check. I am in 7'th year H1B.
Can I change companies on H1B or should I use AC21 only?
---------- jin the new employer with H1 trasfer and then file AC21
If I use Ac21 I am not sure how I can get my spouse here.
---------- if you maintain H1 status your spouse can come on H4. AC21 has nothing to do with H1 or H4. better be on H1 status and spouse should also maintain h4 status. you can keep on extending your H1. you new employer can also file your H1 extensions
Does that mean I will have to stick to the current company, keep renewing my H1B and have spouse come on H4 an dthen apply for AOS once my PD becomes current (and pray I do not get approved bfore I file for her AOS).

--thanks
Click to expand...
 
Ginnu

Thanks. Yes, I will continue my H1 status all the time.

One more question. I have EAD/AP.
At POE any problem if spouse enter on H4 & I re-enter on AP at the same time?
Will it have any problem at the time of her AOS adjudication time?

Don not want to go through H1B stamp process, as the last time I was there I was stuck in security checks for 2 months. Not sure if they have improved now, but just want to avoid that process again as much as possible.

--thanks
 
stinger said:
Ginnu

Thanks. Yes, I will continue my H1 status all the time.

One more question. I have EAD/AP.
At POE any problem if spouse enter on H4 & I re-enter on AP at the same time?
------------------ I dont see problem, but why you need to use AP if you can get H1 visa stamp? you should also talk to your lawyer
Will it have any problem at the time of her AOS adjudication time?
-----------no
Don not want to go through H1B stamp process, as the last time I was there I was stuck in security checks for 2 months. Not sure if they have improved now, but just want to avoid that process again as much as possible.
---------------- try for H1 visa stamp if dont get visa stamp then use AP. check your US consulate site for visa time and plan according to that
--thanks
Click to expand...
 
Ginnu

Thanks. Will go for H1B stamp. But if takes time for security checks again like last time, I will re-enter through AP.

Read somewhere that it sort of becomes diasy it seems as the dependent will then be on H4 and by using AP instead of not getting an H1 stamp when out of country and re-enter using H1 stamp, her H4 does not have a valid H1 to be tied to it seems

Anyways will talk to the lawyer when it is time for that and I hope going for H1B stamp would be of less hassle this time around.

thanks again for your replies....
 
485_spouse said:
My wife is here on h4. We missed the 30th Dec 2004 date by few days.
I'm not sure about job change. I'm planning to stick it out with my current employer.
Click to expand...
485_spouse,
Have you ever filed 485 for your wife and the package was returned by USCIS?
 
485_spouse said:
Package was returned to my lawyer!!
exp. PD is not current
Click to expand...
I heard or read some EB3's spouse got through USCIS between july and sep. Maybe that was a mistake.
 
485_spouse said:
This is the scenario I have in mind.

As PD is moed back to 1JAN98 for eb3/India.
I'm assuming this is not going to stop processing for people who have already filed their 485.

Since my 485 is already filed, I have a chance (a tiny chance) that my 485 will be approved. But due to reto. I cannot file papers for my wife.

According to the document at uscis site
(link to uscis ) I can file papers for my wife even after getting a green card if she is in us on 'lawful admission or parole'

If I'm approved now(When we are in us) (I'll pettion for my wife, and she is here on H4 'lawful admission') every thing should be fine.

what happens if I'm approved when I'm visiting India?
How do we (Myself and wife comeback to US so I can file her papers)

I'm assuming that I can comeback on AP after approval of GC.
Can I file AP for my wife (while on H4) so she can enter US?
Is it better to stay in US while the decision is being made?

I hope i didn't bore you guys.
Thanks,
Click to expand...


Now I found this
I-130 form page . As per the above document I will be able to file I-130 for my wife but not I-485. Since I-130 does not give you any status ,she is out of status.
IS this correct?
I remeber someone in the similer situation filing papers at Chicago lockbox facility.
Comments?
 
Hi 485_spouse, ginno, canadian, and others.
I also do not want to go for Visa stamping in India for time constraints. If I and my family use AP on re-entry, is it going to affect our current status of H-1 and H-4? thanks
 
485_spouse said:
Now I found this
I-130 form page . As per the above document I will be able to file I-130 for my wife but not I-485. Since I-130 does not give you any status ,she is out of status.
IS this correct?
I remeber someone in the similer situation filing papers at Chicago lockbox facility.
Comments?
Click to expand...

I-130 is an immigrant petition similar to I-140. It is used in case Family based GC or if your marriage happens after your GC approval.

Until your apply for I-485 you need to maintain the H1 status. In case if your green card gets approved you can enter with H1 and spouse can enter with H4. Usually POE is little lenient in such cases. Otherwise FTJ is only option.
 
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