Gurus Please help

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
 
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) ?

If you have approved and valid AP papers, you need not have H1B visa. However, if your H1B visa is expired, you need to take transit visa when you fly through certain EU countries.

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

Not necessarily.

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

Yes you can (I suppose, according to the case I present here). My substitute labor belongs to a person who got GC through her husband's GC process as a dependent. Once, she got her GC as a dependent, she did not need her approved labor through which I applied for my GC(My I-485 got approved in the last week of DEC 04). However, I am certain if the PD has any bearing on your decision to include your wife's name in your I-485.

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 )

I am not sure what happens if the case I presented above is not relevent at present time as I am not a lawyer.

Hopefully I helped you a little bit. However, please consult a competent lawyer and also seek advice from other friends from this forum. Good luck and may this new year brings your wishes to reality.

Regards.
 
Amma,

Thanks for your reply and Wish you a Happy New Year.

I am sorry I did not get the answer for the question 3.

Does the PD matter to include wife in the already filed 485 application.?

Did anybody came across this situation where PD is not current and dependent included in the already filed 485 (PD moved back after i filed for 140 and 485 concurrently) ?

I appreciate your suggestions.
 
I am sorry, I meant to say "I am not certain if PD has any bearing on this..".

Oh I see your point now. Because of this new retrogression rules, you are asking if you can include your wife's name, if I understand correctly. If we follow this logically, including your wife's name in your already submitted I-485 application has nothing to do with your labor PD.

Anybody could get married before CIS approve one's I-485 and should be able to add their spouse's name in the application as a dependent.

You would add your wife's name as a dependent, and it does not matter if she is on H1, or if your wife's employer has applied for her GC separetly.

I hope I have answered your question now.

Sorry about the confusion in my previous answer. Good luck.

Regards.
 
Guys this 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.

This seems to be weird.

:confused: :eek: :( :mad:

Guys Thanks a lot for your response
 
KB2004 is right. Every 485 application is independent and is checked against the PD and based on that it is either accepted or returned. In your wife's case your PD will be taken into account so even if you have a 485 pending, they will not take your wife's case till her PD ( which is same as your PD ) becomes current.

I understand the dilemma that this creates for all 485 filers who are single and plan to get married but that's how the things are. I guess USCIS should be a bit more sensitive in this area rather than just following the rules to the written word.
 
Thanks a lot "will get there" for your clarification. I am sorry KB2004 for giving you in-correct details for your question. I just gave you answer based on my experiance--obviously it did not cover all the bases. Hopefully your problems wil be solved at the earliest.

Regards.
 
hi kb2004

i also came across to the same situation.i applied my i485 in nov2004.i didnt apply for my wife becoz she was in india.she came back on dec25.my lawer told me to file i485 for her immediately.becoz the priority date will becam an issue afterjan2005.so whatever ur lawyer said was true
 
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