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.