Apply H-4 after 485 filed

[zipzap]

I've asked several questions on this topic before but new stuff keeps coming up

So I filed for my 485 in oct 2002. I plan to get married in a few months. My questions was:
- Can my spouse apply for a H-4 if he is outside the country or does he have to be in the country? Would having filed a 485 pose any problems with the H-4 applucation.

My second concern was:
- My H-1B expires in Sept 03. I have applied for a H-1 extention. So I was wondering if we applied for an H-4 for my spouse close to the time of my H-1B expiring would that pose any problems?

Thanks!

 

[Soumy]

as long as your I485 is not adjugated and you have a valid H1B its fine for your would be spouse to apply for H4 anywhere. So thats not a problem. Get married girl! And good luck.

The second question is also not a problem if your H1 is valid at the time your would be spouse goes to stamp it its fine. If not you can file for a premium processing for your HIB extension to be safe.

 

[BitterMan]

So I filed for my 485 in oct 2002. I plan to get married in a few months. My questions was:
- Can my spouse apply for a H-4 if he is outside the country or does he have to be in the country? Would having filed a 485 pose any problems with the H-4 applucation.

If your spouse is already in the country, he can file for a change of non-immigrant status to H-4 from whatever status he is right now.

If your spouse is not in the country, he has to go to a US consulate and apply for H-4 visa, providing the interviewing consular officer with a marriage certificate and (original?) notice of action of your H-1B approval.

Keep in mind, that either way you must be currently in H-1B status. Otherwise, your spouse is ineligible to enter the country on H-4.

My second concern was:
- My H-1B expires in Sept 03. I have applied for a H-1 extention. So I was wondering if we applied for an H-4 for my spouse close to the time of my H-1B expiring would that pose any problems?

I do not believe that your spouse will encounter any problems getting H-4 visa, if all documents will be in order. He might be asked to provide a receipt of your application to extend your H-1B visa and status, though. His visa, however, can be dated with the expiration date of your first H-1B. But that should not worry you, because once entered the country, he can apply for the visa and status extension and also file a dependant I-485.