Can spouse apply(join) for 140/485 without I-94

B

bhartiya_12

Registered Users (C)
My 2nd H1 (fresh not an extension)just got denied y'day. My 1st H1 expired 15th Jan. Had to file new since new employer messed up with dates and did not apply for extension/transfer in time. So i am here in US living as out of status as my i-94 expired on 15th Jan.

My wife (she is on H1) is getting her GC processed and can the employer file for her and my 140/485 saying that she is here on H1 and I (spouse)am in India so i would not need to give I-94 for me? Once the EAD comes I can apply for Advance parole and go out to get I-94.

I am wondering if this is feasable as I also thought the only option I have is go to India and try h4 but don't understand why the employer never asked me to take that route, instead he said we'll immediately file for GC(140/485) for your wife so I am guessing this is what he plans to do. He has an approved labor he will use for my wife's labor approval process for GC.

Please respond soon.

Thanks
 
How many places you will post?
Dear go back try to get H4 visa I- 485 cannot be filed for you with unexpired I-94
 
it is essetial that you maintain your legal status. so unless your going broke and need those few months salary, you shd consider trying to maintain status.

1. i think you have 30 days to leave the country after the visa expires. so you cld still leave if thats true.

2. you can apply for a transfer to h4 even within the US. and as long as you have the application pending i tihnk its ok.

3. if you do have an h1 application or extension file, you will still be in status as long as that is pending for you.
 
As Ginnu says, you really need to leave the country. You have already started accumulating unlawful presence from the time your H1 application got denied. You need to go to India and apply for H4. The more you overstay, USCIS will not let you do AOS and have to go for CP.
 
Unless you or your wife are 245(i) eligible you will not be able to adjust status in the US until this gets corrected and you return to a lawful status.
 
bhartiya_12 is Not eligible for 245(i) as no LC was filed for him before 31 April 2001
if his wife LC was not filed before 31 April 2001 then no 245(i)
 
Do you mean my labor certification for H1 or GC? If its H1 then my first H1 and its labor certification was filed and approved before April 2001.

I have not yet filed for GC so if its the GC labor then you are right that I am not eligible for 245(i). What is 245(i) anyway?
 
Do you mean my labor certification for H1 or GC? If its H1 then my first H1 and its labor certification was filed and approved before April 2001.

------- for H1 it is LCA not LC you need LC filed for GC(future Parmenent job) before April 31,2001

I have not yet filed for GC so if its the GC labor then you are right that I am not eligible for 245(i). What is 245(i) anyway?

----- you are NOT qualified for 245(i)


go back and get H4 stamp
 
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