EAD, 485 and marriage

[startrek2005]

Hi guys,
I have an approved I-140 EB2 NIW PD March 2006. I will complete my PhD by end of this year. I am planning to apply for 485 in July.
1. If I need to move on to a research job in industry 6 months later, I understand that I have to apply for EAD along with 485, so do I have to apply it with 485 or can I apply 4-5 months later. Within 4-5 months my PD won't be current so can i still apply then?
2. I will be marrying in 2008 May, so if my 485 is not approved by then, how can I bring my wife into the country (i) assuming PD is current; (ii) assuming PD is not current? Does this involve consular processing in India.
I appreciate any little input from you guys.

 

[ginnu]

Hi guys,
I have an approved I-140 EB2 NIW PD March 2006. I will complete my PhD by end of this year. I am planning to apply for 485 in July.
1. If I need to move on to a research job in industry 6 months later, I understand that I have to apply for EAD along with 485, so do I have to apply it with 485 or can I apply 4-5 months later.
-------better to apply EAD AP with I-485 ( Fee is going to increase on july 30)
Within 4-5 months my PD won't be current so can i still apply then?
----------------------once I-485 filed and one gets reciept of I-485 one can file EAD AP ( but more fee)

2. I will be marrying in 2008 May, so if my 485 is not approved by then, how can I bring my wife into the country
-------dont use EAD, remain on H1 status so that you can bring her on H4.
(i) assuming PD is current; (ii) assuming PD is not current? Does this involve consular processing in India.

---------------------if I-485 not approved and your spouse reach US then can file her I-485 (if your PD is current at that time
I appreciate any little input from you guys.

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[startrek2005]

Dear ginnu and others,
Ginnu, Thanks for your reply.
I am currently on F1 and not on H1, sorry for the confusion. I can't get a H1 at the end of the year because I may get into industry which does not get cap excemption, so I have to go for O1.
Lets say I don't apply for 485 now so that I don't show any change in status and then I apply for O1 and get married and bring my wife in the mid of next year as a dependent O3. And later apply for 485 if EB2 gets current or apply for EB1 which might have better chances of having 485 current.
Do you think this is fine, I don't have to take risk with getting EAD, using AP and worrying if 485 will get approved or not if i apply now.
O1 like H1 is a dual intent visa.
Thanks

 

[ginnu]

Dear ginnu and others,
Ginnu, Thanks for your reply.
I am currently on F1 and not on H1, sorry for the confusion. I can't get a H1 at the end of the year because I may get into industry which does not get cap excemption, so I have to go for O1.
---------------- once you get O-1 your spouse can enter on O-3
Lets say I don't apply for 485 now so that I don't show any change in status and then I apply for O1 and get married and bring my wife in the mid of next year as a dependent O3.
And later apply for 485 if EB2 gets current or apply for EB1 which might have better chances of having 485 current.
--------------- you can do that but EB2 may not be current. if you are eligible for EB1 then try EB1( you may be knowing the requirement to qualify for EB1)
Do you think this is fine, I don't have to take risk with getting EAD, using AP and worrying if 485 will get approved or not if i apply now.
O1 like H1 is a dual intent visa.
--------------yes
Thanks

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