EAD-H1/H4 question

S

Shek1979

New Member
Hi,

Currently i'm holding a valid H1 visa till 2009. My I-485 is filed in Aug 07 and had already recieved by EAD last week.

I would be soon getting married to my fiancee in Dec 07 whose currently on F-1 visa and she would be finishing her school by Dec 07 itself. We are planning to go to India for marriage this Dec 07.

Question:
1) Can i apply H4 visa for her ?

2) Any problem at the port of entry when coming on H4.

3) My PD is Jul 2007, and I-485 is pending. When is the earliest can apply for my wife's GC (Adjustment of Status).

Thanks for any response,
Raj
 
Answers below:
1. Yes, but only after your marriage.
2. As long as you maintain H-1, admission on H-4 should be easy.
3. Till your PD become current again.
 
3) My PD is Jul 2007, and I-485 is pending. When is the earliest can apply for my wife's GC (Adjustment of Status).

According to what I have heard from many people that your PD doesnt have to be current when you apply your wife's I-485 as long as your I-485 was filed on time.
 
If you want to add your wife in your I-485 petition, the first thing is you must maintain H-1B. As a result she will get H-4 to enter U.S. and be eligible to file I-485. Next thing is to wait for your priority date to become current - once current you have to act fast and apply for your Wife's I-485 petition. This is a race around condition - between your I-485 approval and your Wife's I-485 filing.
 
manwithnoname said:
Next thing is to wait for your priority date to become current - once current you have to act fast and apply for your Wife's I-485 petition. This is a race around condition - between your I-485 approval and your Wife's I-485 filing.
Click to expand...

There's no race condition; even if the I-485 has been approved the spouse's I-485 can be filed, provided that the PD is still current and the spouse has not been out of status for 180 days.
 
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