Currently on EAD, not using H-1 B and need to get married in India

R

rehanibenz

New Member
So friends here is my problem. may be some one can provide guidance based on there experiences. :)
Facts to start off with:
  • PD Sept 2006
  • I 140 Approved Jan 2007.
    • Filled for 1-485, EAD & AP AOS based on July current Dates
    • Received receipt notices
    • Applied for extension of H 1B Past 6 year mark based on pending 485
    • H1b extension valid till 2010
    • Applied for EAD and AP based on 485 pending
    • changed jobs based on approved 485 and 180 days pending 485 and approved 140

Questions that i have:
  1. :mad:
  2. If I have to get married and i am not using my H 1B as i changed my jobs, what are my options as technically i do not have a status any more.
  3. What if my old company has not canceled my h 1b and i have still not told USCIS that i have changed jobs, can i use that approval notice even though the VISA is not stamped to bring my wife back to USA?
  4. I never filed a new h1b for my new employer. is it too late to apply for H 1B even though i have been working for this company B for past 1 year based on a EAD.
  5. I will keep on asking question based on the replies i get from other readers.
 
rehanibenz said:
So friends here is my problem. may be some one can provide guidance based on there experiences. :)
Facts to start off with:
  • PD Sept 2006
  • I 140 Approved Jan 2007.
    • Filled for 1-485, EAD & AP AOS based on July current Dates
    • Received receipt notices
    • Applied for extension of H 1B Past 6 year mark based on pending 485
    • H1b extension valid till 2010
    • Applied for EAD and AP based on 485 pending
    • changed jobs based on approved 485 and 180 days pending 485 and approved 140

Questions that i have:
  1. :mad:
  2. If I have to get married and i am not using my H 1B as i changed my jobs, what are my options as technically i do not have a status any more.
  3. What if my old company has not canceled my h 1b and i have still not told USCIS that i have changed jobs, can i use that approval notice even though the VISA is not stamped to bring my wife back to USA?
  4. I never filed a new h1b for my new employer. is it too late to apply for H 1B even though i have been working for this company B for past 1 year based on a EAD.
  5. I will keep on asking question based on the replies i get from other readers.
Click to expand...

You can marry USC, GC holder or other visa holder currently in US.
If you can not find any fit from the above category and you want to marry from overseas your options are:
1- get H visa (new, old or whatever) then your spouse will be H4 and come to US on that status
2- Marry from overseas a spouse with qulifications and chance for an H1 job in US
3- The spouse can stay overseas with frequent visits from you till you become citizen after the GC
4- Do not think of any way you can bring spouse to US while you are working with EAD with pending I485 (This is a very fragile status with no guarantee even for your self, not spouse, could something happen to your pending I485)
 
I am also in similar situation like you .

I switched companies using EAD . I have H1 from previous company and not stamped. I am also marrying from India. But since I have to again go back to H1 to get her to the USA on H4 , I have decided to abandon GC and settle in India :). Unfortuntely on EAD u cannot bring spouse which i found out from the forums. It sucks :(

With the recession , i have decided to go back to india and have peace of mind :p

Even if i am able to switch to H1 (transfer old h1)., the chances of staying on a job are slim in this economy...I am working on EAD for last 4 months with new employer..I believe u can switch anytime to H1 as you are on status ...(am not sure)


Good luck in ur decision
 
mad4gc said:
I am also in similar situation like you .

I switched companies using EAD . I have H1 from previous company and not stamped. I am also marrying from India. But since I have to again go back to H1 to get her to the USA on H4 , I have decided to abandon GC and settle in India :). Unfortuntely on EAD u cannot bring spouse which i found out from the forums. It sucks :(

With the recession , i have decided to go back to india and have peace of mind :p

Even if i am able to switch to H1 (transfer old h1)., the chances of staying on a job are slim in this economy...I am working on EAD for last 4 months with new employer..I believe u can switch anytime to H1 as you are on status ...(am not sure)


Good luck in ur decision
Click to expand...

Thanks, I forget to add this option in my list.
 
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