H1B 6 year ends in 10/03 - hold EAD - want to get married.

[Mohanram]

Hello,
My situation is this.

My six year H1B expires in October 2003.

My I 485 is pending since Sep 2001 Receipt Date and was transferred from Vermont to NewYork Office. NY Office processing time is 720+ and I am not expecting a decision for next six months atleast.

I applied for EAD and got one vaid till April 2004.

I haven't travelled out of US after arrival with first H1B stamp.

I am planning to get married soon.

Q1. Should I apply for 7th year extension and if I get that, can I apply for H4 Visa for my wife after marriage ? Is it perfectly legal or will there be any "intent" problem ?

Q2. If I go to India after October 2003 with 7th Year Approval I797, and additional papers for processing my wife's H4, will have any problem, if I apply for my H1b 7th year and my wife's H4 together ? Will pendenccyof my GC and holding of EAD have any effect on the Consulate to deny H4 for my wife ?

Thanks for your response in anticipation.

 

[nkm-oct23]

Originally posted by Mohanram
Hello,
My situation is this.

My six year H1B expires in October 2003.

My I 485 is pending since Sep 2001 Receipt Date and was transferred from Vermont to NewYork Office. NY Office processing time is 720+ and I am not expecting a decision for next six months atleast.

I applied for EAD and got one vaid till April 2004.

I haven't travelled out of US after arrival with first H1B stamp.

I am planning to get married soon.

Q1. Should I apply for 7th year extension and if I get that, can I apply for H4 Visa for my wife after marriage ? Is it perfectly legal or will there be any "intent" problem ?

Q2. If I go to India after October 2003 with 7th Year Approval I797, and additional papers for processing my wife's H4, will have any problem, if I apply for my H1b 7th year and my wife's H4 together ? Will pendenccyof my GC and holding of EAD have any effect on the Consulate to deny H4 for my wife ?

Thanks for your response in anticipation.

You can apply for 7th year H1 extension onyl if either LC or I-140 is pending for more than 365 days. If you have applied for I-485 and is not concurrent filing, you do not have either of these 2 petitions pending. Once you apply for I-485, you enter into a new adjustee status (once your H1 status expires).