Dependent visa for spouse and childern of EAD worker

K

krupamb

Registered Users (C)
1. My I 485 am pending since 2007, on EB3.
2. My I-140 approved in Nov 2007
3. I do not apply I-485 for my spouse and dependents as they were not in USA.
4. I am working on EAD and I do not have H1B

My Question:

Can I apply H4 visa for my spouse, as I am legally working on EAD?

I heard that people on student visa can bring their spouse on dependent visa. Is it true and applicable for in this case also?
 
If you do not have a valid H1 status, you cannot apply for H4 status for your dependents. Are your spouse and children in the US? if so, in what status?
 
krupamb said:
1. My I 485 am pending since 2007, on EB3.
2. My I-140 approved in Nov 2007
3. I do not apply I-485 for my spouse and dependents as they were not in USA.
4. I am working on EAD and I do not have H1B

My Question:

Can I apply H4 visa for my spouse, as I am legally working on EAD?
----- You are not on H1 status and your spouse and dependents cant apply for H4 Visa.
I heard that people on student visa can bring their spouse on dependent visa.

Is it true and applicable for in this case also?
---------------- those who are on student visa or H1 Visa status or L1 or O1 Visa status can bring the spouse to US.
Click to expand...
where is your spouse at this time?
 
My spouse and childern are in India. Is there any way to bring them to US , on some other visa like B1 ( but not student or L1 visa) ?

My H1 expired about 2 years ago after I changing my employer and last time I entered US on Parole. In this scenario , can I apply H1 afresh from new employer?
 
If an employer is willing to process paperwork, you can obtain a new H1. Once they arrive, you can add their names to your existing I-485 petition and then they also will get their green cards at the same time as you.
 
nkm-oct23 , Thanks for your reply.

May I know, applying H1 afresh from my new employer:
1. Will cause any problem for my pending I485?
2. Does this require new labor petition by my new employer, as I have already completed six years of stay in US (with my previous employer)?


Krupa
 
krupamb said:
nkm-oct23 , Thanks for your reply.

May I know, applying H1 afresh from my new employer:
1. Will cause any problem for my pending I485?
-----No Problem. H1 has nothing to do with I-485
2. Does this require new labor petition by my new employer, as I have already completed six years of stay in US (with my previous employer)?
---Every time Employer file Fresh H1 or H1 extension then employer has to get LCA and need to attach LCA with H1 petition. LCA does not take much time. LC is for GC and LCA is for H1.

Krupa
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