Applying I485 Dependents in India-Help

G

ggreddy

Registered Users (C)
I got my i140 approved and about to apply for my I485, My daughter is
in India My concern is do i need to get my daughter for applying for her I485, Or can i apply for myself and my wife and then call my daughter later and apply for her I485 or can i call her now and apply for i485
and send her back on H4 visa will H4 visa be valid once she goes to India
after applying for 485. Can someone clear my doubts on this, Thanks
in Advance.
 
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This being not a normal kind of case discussed on this board. You may want to consult a good lawyer. If you can, it would be a better idea to get your daughter into US and apply for 485. Adding her 485 during approval of your 485 might work too. But I have heard of some age limitations. Children younger than 17 (or is it 19 ?) years can be easily added (based on what I have heard). But I really recommend consulting a lawyer.
 
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From a family union point of view you should apply for your daughter along with your application that is for one thing is simpler and less prone for complications( I know there are other options available). As long as you hold a valid H1 even after filing 485 your daughter will have here H4 valid as well. If you do not have much time left on your H1 it is definately advisable to bring your daughter here. Now you want to bring here apply and send her back works fine if your H1 has lot of time in it atleast till you get your appoval, caution if your H1 expires before approval you should get her in again before that date.
 
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Thanks Kiran and Chutney, I have lot of time on my H1(3 more years)
the best bet may be to call her apply for i485 and i stay on H1
till i get the green card and send her back so that she will not
loose her school in India,But does my wife working on EAD will have
any effect on her H4.

Thanks
 
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In my opinion your wife working on EAD will move her from H4 status to AOS (Adjustment Of Status) waiter. Her H4 is no longer valid. And if you use EAD to get another job or happen to invalidate your H1 by letting it expire, then you are also not in H1 status thereby taking away your daughter\'s H4 status. So make sure you do not come out of H1 till you get your daughter her green card. And keep her H4 visa valid by renewing it each time properly. Also since she is outside US for long time due to school, make sure there is no such restriction on her Visa (any time limit) or single entry problem. Anyway, try to keep your case simple for INS folks. They create all sorts of problems if they get confused.
 
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It should not because you are using your H- status is to travel back and forth for your daughter ( since she is a dependent), and your wife will be working on an EAD which does not cross with H4. You might want to get some legal advise on this one just to be sure..
 
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