EB3-Spouse join later

I did not apply for her yet,I will apply when she comes here.
NoGc said:
Hi eb3 485,

Can you please let me know if you rcvd EAD for your wife, once you apply.
I also nned to apply for my wife after she come back to US(planning to apply for her after one month)

Thanks in advance
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eb3_485 said:
I did not apply for her yet,I will apply when she comes here.
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Hi Gurus,

I am also in same situation as eb3_485 but with a some extra problem, My 6 yrs on H1B is expiring in June 27 2005 and I have my EB2/EAD/AP with pending 140/485 (I140-05/24/2004, 485-08/17/2005). Now I am going to get married in India in last week of April and want to add my wife's application with mine in First week of May,

So my questions are,

1. If my company does not approve for filing of my H1B extension to 7th yr then what are the chances for my wife to get her H4 in last week of April, considering only around 60 days will be left on my H1B.

2. Suppose my wife gets her H4 without my H1 extension and comes to USA , can I add her with my GC application on my own before expiry of her I-94 and she can be in legal status (AOS) ?

3. If point 2 is possible then what are the documnets I will need for adding herto my application ?

I will be really glad if someone can answer my questions, this GC is making me crazy, my Labor was filed in 07/01/2001 !!!

Thanks in advance for your time and help.
 
GC495 said:
Hi Gurus,

I am also in same situation as eb3_485 but with a some extra problem, My 6 yrs on H1B is expiring in June 27 2005 and I have my EB2/EAD/AP with pending 140/485 (I140-05/24/2004, 485-08/17/2005). Now I am going to get married in India in last week of April and want to add my wife's application with mine in First week of May,
------ you can file her I-485 when she reaches US on H4 becase your case is EB2
So my questions are,

1. If my company does not approve for filing of my H1B extension to 7th yr then what are the chances for my wife to get her H4 in last week of April, considering only around 60 days will be left on my H1B.
---- first request the employer to file 7th H1 extension. let your wife get H4 visa stamp ASAP after the marriage, you are getting married in May first week I think it will take 2-3 weeks to get the time from consulate for H4 visa stamp based on your H1(check your consulate time for appointments) let her come to US on H4 (it does not matter if she gets her H4 is valid only for 60 days) once she comes to US file her I-485, EAD AP. She should bring her Birth certificate
2. Suppose my wife gets her H4 without my H1 extension and comes to USA , can I add her with my GC application on my own before expiry of her I-94 and she can be in legal status (AOS) ?
---- yes, she need to file her I-485 BEFORE her I-94 expires
3. If point 2 is possible then what are the documnets I will need for adding herto my application ?
--- your I-485 filing reciept, she has to fill up G325A, form I-485, YOU have to submit form I-134(Notrized), her I-94 copy (front and back) 2 passport style photographs, copy of her Birth certificate Copy of marriage certificate, copy of her passport pages, USCIS correct fees that included fingerprinting fee
** better you should also file her AP and EAD with I-485, you can read the threads what is needed for EAD and AP just have a look at form I-131 and I-765
I will be really glad if someone can answer my questions, this GC is making me crazy, my Labor was filed in 07/01/2001 !!!

Thanks in advance for your time and help.
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Where was your wife born?

If by any chance she was born outside India/Chn/.. Your attorney would be right - that would pull you out of the retrogression loop too.
 
Hi folks,

Thank you very much for your response, its a great relief for me now ;-) I really appreciate your help.

GC495
 
Hi eb3 485,

Can you please let me know if you applied 485 for your wife? If so, what is the status?
I also nned to apply for my wife and interested to know if I can apply for my wife if my priority data is not current and I got my EAD.

Thanks in advance.
 
She will be coming this week, then i will talk to my lawyer and start paper work for it.
NoGc said:
Hi eb3 485,

Can you please let me know if you applied 485 for your wife? If so, what is the status?
I also nned to apply for my wife and interested to know if I can apply for my wife if my priority data is not current and I got my EAD.

Thanks in advance.
Click to expand...
 
eb3_485 said:
She will be coming this week, then i will talk to my lawyer and start paper work for it.
Click to expand...

I'm in the similer situation. As per my lawyer this is a grey area and there are no clear cut rules. His advise : Apply

PS: He is a company lawyer,Every thing is paid by the company
 
485_spouse said:
I'm in the similer situation. As per my lawyer this is a grey area and there are no clear cut rules. His advise : Apply

PS: He is a company lawyer,Every thing is paid by the company
Click to expand...


I am in the same situation too, but my company lawyer told me clearly that it is not possible to apply for my wife until my priority date becomes current.
 
Hi,
I am in a similar situation.
Mine is a substitute labor with priority date June XX, 2000 and i filed my 485 in Aug 2004(EB3)and I-140 is approved(Non-Concurrent).
My spouse is coming to US this week and i am applying for AOS(lawyer has sent the documents).
Will i have any problems as my H1 is expiring in May 27 2005, but i still have one year left on my H1 and company is not willing to do an extension and wants me to use my EAD.

Any advise on this will be helpful.

Thanks
 
Since u'r PD : xxxx 2000, It should not be a problem, if u'r wife is in us before current h1 expires.


rams76 said:
Hi,
I am in a similar situation.
Mine is a substitute labor with priority date June XX, 2000 and i filed my 485 in Aug 2004(EB3)and I-140 is approved(Non-Concurrent).
My spouse is coming to US this week and i am applying for AOS(lawyer has sent the documents).
Will i have any problems as my H1 is expiring in May 27 2005, but i still have one year left on my H1 and company is not willing to do an extension and wants me to use my EAD.

Any advise on this will be helpful.

Thanks
Click to expand...
 
I talked to my lawyer today and he says USCIS returned two cases of these types in mont of feb , so he is not sure if they will accept it now or not. He is ready to send the documents to USCIS , but he is not 100% sure , will they accept it or not. Please suggest what should I do? go head and apply for it or wait till my PD becomes current.

My PD :March 2003. EB3 Cat, Born country:India
 
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