Gurus Please help me

K

KB2004

Registered Users (C)
Hi Gurus,

Here is the info:
PD: July 2003
H1 expires this month (6 years period).
I140/485 Concurrent - filed in August 2004
EAD and AP - approved.

My questions are:
1. I am going to India in the next couple of months to get married.
Do I need a H1 Visa (I have both Ap and EAD) ?
2. If my wife already have a H1 visa then, is it necessary for me to have a H1?
3. Can I include my wife in the 485 application though the Pririty date is not current.
4. If No to 3 then what happens when the priority date become current and my application got approved. (How can I include my wife name :confused: )

Gurus please help me. I really appreciate your help.

Thanks,
-Kiran
 
KB2004 said:
Hi Gurus,

My questions are:
1. I am going to India in the next couple of months to get married.
Do I need a H1 Visa (I have both Ap and EAD) ?

You do not need a H1 visa. You can use AP to enter back.

2. If my wife already have a H1 visa then, is it necessary for me to have a H1?

That means your wife has a way to come to USA already or she already resides in USA. You do not need a H1 visa.

3. Can I include my wife in the 485 application though the Pririty date is not current.

Yes you can. Once both of you are back to USA, just file I-485 for her based on your I-140.


Good luck
Click to expand...
 
Muntasir,

Thanks for your reply and wish you a Happy new Year.

You said I can apply her 485 after coming back to USA based on the 140 application. I am not getting this. I filed both 140 and 485 concurrently on August 2004 and 140 is also still pending. Is this OK.

I appreciate your help.

Thanks,
-Kiran
 
I agree with all muntasir's replies except for 3.

With priority dates retrogession I am not sure your wife will be allowed to apply. I am not sure how they plan to handle cases like this where PD of primary applicant is not current, he has applied I-485 before retrogession, but dependent has not filed I-485. If anyone has definite answer to this please reply.
 
Better to have your H1B renewal for 7th year

Hi KB2004

You have not clearly mentioned about your wife's visa status.
Is her H1 stamped on passport ?, Expiry date...?
If she can get her H4 that is always better then her own H1 at the time of
entry into US.
My suggestion is to apply for 7'th year H1 right now.
If she doesn’t work in USA, then don't take risk on your life.
 
I take back the answer to question 3. I guess I am still not used to the priority dates retrogession. Anybody has any clues?
 
Hi V_rkumar32,

Here is the case details:

Primary already applied for 140 and 485 concurrently before PD retrogession.
1: Dependent(wife here) with a Valid H1 (I don't think I need 7th year extension but it is safe to have one)
2: Dependent(wife here) without H1 (I need to apply for 7the year extension in this case to bring her to USA on H4)

After marriage can I include her in my 485 application, which i filed before visa retrogession .

Guys thanks alot for all your replies.
 
Check this out,
http://www.murthy.com/fmlytous.html
"If the derivative spouse is in the U.S., s/he would be able to file for adjustment of status, if otherwise eligible. The most common, and perhaps ideal, scenario is for the marriage to occur while the primary spouse is maintaining nonimmigrant status that permits dual intent, such as the H1B. The H1B spouse would travel to the home country, marry, and return with the spouse, who would hold H-4 status. They would then file I-485s simultaneously. If the primary applicant files the I-485 previously, the derivative would simply file the I-485 shortly after arrival in the U.S. The ability of the derivative spouse to file an I-485 is dependant upon the priority dates being current. There are times when the priority dates "retrogress," or move backwards. If this is the case, the I-485 cannot be filed until the priority date again becomes current. "

thanks
 
zipper said:
Check this out,
http://www.murthy.com/fmlytous.html
"If the derivative spouse is in the U.S., s/he would be able to file for adjustment of status, if otherwise eligible. The most common, and perhaps ideal, scenario is for the marriage to occur while the primary spouse is maintaining nonimmigrant status that permits dual intent, such as the H1B. The H1B spouse would travel to the home country, marry, and return with the spouse, who would hold H-4 status. They would then file I-485s simultaneously. If the primary applicant files the I-485 previously, the derivative would simply file the I-485 shortly after arrival in the U.S. The ability of the derivative spouse to file an I-485 is dependant upon the priority dates being current. There are times when the priority dates "retrogress," or move backwards. If this is the case, the I-485 cannot be filed until the priority date again becomes current. "

thanks
Click to expand...

From the above it appears that KB2004's wife will NOT be able to file I-485 due to the retrogression. She can enter on H1 but will have to wait for PD to be past your priority date before she can file her I-485.

Thanks for the post, zipper.

Also the answer to your question 4:
If No to 3 then what happens when the priority date become current and my application got approved. (How can I include my wife name )
You will have to wait for dates to become current and then file her I-485 ASAP. If you are approved, before you can file for her, you may be in trouble as then you will be a PR and we all know it takes 3-5 years for a PR to sponsor his spouse.
So my advise is prepare her documents in advance and as soon as PD moves beyon your PD, file her I-485.
 
As long as the wedding took place before his I-485 gets approved, he can always file "follow to join" even though the I-485 is approved. Again, talk to the lawyer and keep all the papers ready as sertra2002 recommended.
 
Gurus,

Thank you all for your responses.

Here is what I received from my lawyer:

when your wife is here on H-4, she has to wait for the visa date moves your p-date which is 7/25/03. You should check every 15th of each month from National visa center for this info. Once it moves to July 26, 03, you should file her 485 immediately.

:mad: :mad: :mad:
 
Hi KB2004
My thoughts

If you are on good terms with your employer.

1) Apply 7th,8th year H1's as long as your PD becomes current.Your wife can be on H4 all along.

Since she will assume your PD and Your PD needs to be current for them to process you app which means you will have atleast one day after PD become current for you to send in your wife's Application.(hope that they approve you application on the same day PD becomes current). The good thing is you will know abt the PD from DOS 15 days prior to USCIS doing any thing on your file.So you can plan on sending your wife's application on day1 itself.



2) if you are planing to change jobs using Ac21. I am not sure if you can transfer H1's. Post the question in the H1 Form you might get answers or some one who knows better can suggest you abt that process
 
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