EAD and 485 spouse addition <help>

M

macjoubert

Registered Users (C)
Hi all ,
I am in a bit of a pickle, married over 8 months ago, but couldn't add my wife to my I485. As the dates aren't current this is proving to be a major problem.(EB3)

Does anyone know if I can do something like this,
Currently on H1 B , continue on H1B until wife finds a job or F1 and then I switch to EAD and wait for dates to be current then add her, as opposed to remaining at the mercy of H1B and she on H4?

My 140 is approved so I can apply for 3 yr extensions on my H1B, but the new company I wish to join is not too keen on renewing my H1B after 3 years, they are only willing to do it for now.
 
Last edited by a moderator:
macjoubert said:
Hi all ,
I am in a bit of a pickle, married over 8 months ago, but couldn't add my wife to my I485. As the dates aren't current this is proving to be a major problem.(EB3)

Does anyone know if I can do something like this,
Currently on H1 B , continue on H1B until wife finds a job or F1 and then I switch to EAD and wait for dates to be current then add her, as opposed to remaining at the mercy of H1B and she on H4?

My 140 is approved so I can apply for 3 yr extensions on my H1B, but the new company I wish to join is not too keen on renewing my H1B after 3 years, they are only willing to do it for now.
Click to expand...

Three years is a long ways away. How do you know that you would be still working for the same company 3 years from now. Hope that helps.
 
macjoubert said:
I don't , sort of the reason why I want to switch to EAD in the first place.
Click to expand...

my response was to your query about your new boss not wanting to renew your H1b after 3 ye

Your only choice is choice #2 - continue on H1B until wife gets a job or joins school.
 
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minn_labor said:
my response was to your query about your new boss not wanting to renew your H1b after 3 ye

Your only choice is choice #2 - continue on H1B until wife gets a job or joins school.
Click to expand...

Thanks - so let me understand it correctly , I can use EAD and add her later on when the dates get current.
So basically the 485 doesn't get closed to additions just because I used EAD?
 
macjoubert said:
Thanks - so let me understand it correctly , I can use EAD and add her later on when the dates get current.
So basically the 485 doesn't get closed to additions just because I used EAD?
Click to expand...

I wouldn't think the 485 would get closed to having any more additions if you use your EAD.
what does your lawyer say?
 
minn_labor said:
I wouldn't think the 485 would get closed to having any more additions if you use your EAD.
what does your lawyer say?
Click to expand...

He's a moron and is in bed with my employer, thats the reason I cant get anything answered by him.Any question he just asks me to ask my employer.

Hopefully I will get a better lawyer with the new company and file AC21.
 
macjoubert said:
He's a moron and is in bed with my employer, thats the reason I cant get anything answered by him.Any question he just asks me to ask my employer.

Hopefully I will get a better lawyer with the new company and file AC21.
Click to expand...

I don't think anyone out here in the forum is interested in what your lawyer and your employer are doing. Its best to keep personal information like that to yourself. goodluck.
 
macjoubert said:
Hi all ,
I am in a bit of a pickle, married over 8 months ago, but couldn't add my wife to my I485. As the dates aren't current this is proving to be a major problem.(EB3)

Does anyone know if I can do something like this,
Currently on H1 B , continue on H1B until wife finds a job or F1 and then I switch to EAD and wait for dates to be current then add her, as opposed to remaining at the mercy of H1B and she on H4?

My 140 is approved so I can apply for 3 yr extensions on my H1B, but the new company I wish to join is not too keen on renewing my H1B after 3 years, they are only willing to do it for now.
Click to expand...
Remain on H1 status so that she can be on H4 status. If you use EAD you will not be on H1 status. Better join new employer with H1 transfer and if they don’t agree to file H1 extensions in future ask why they will not file inform them that you want extensions because of your wife problem to file her derivative I-485 when your PD becomes current. If your wife can get H4 to H1 COS and eligible for H1 and find employer she can file COS and should remain on H1 till she file her I-485.
 
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