H1B, H4, I485 and Wedding

[MonkMonk]

My H1B has expired and I will be getting my new visa stamped this May in Chennai. I will also be simultaneously getting married in May. I have cleared labour on my GC and have a EAD which I dont intend using anytime soon. I have a RFE on my I 485 which the lawyer has submitted.

1. Since I am already on a petition for immigration pending will my wife be granted an H4?
2. If she is given an H4 visa will she have to join me in the country right now or can she join me later before/after my GC is approved.
3. Also will I have any problem in getting my visa stamped in India?

 

[luckystar]

H4

Hi.

Here is some insight. We are Canadian so the process to get the stamp might be different (drive through the border), but the gist of it should be the same.

Your wife should be able to get her H4 stamped with proof of continuation of work (letter from your employer that you are still working for them), copy of your latest pay stub (to proof you are still employed), a copy of your marriage certificate and your H1 Approval notice. That's just what we did. My husband has an H1, we got married in Canada and a day later we drove to the US, got my H4 stamped with the paperwork I mentioned above.

You need to talk to your lawyer about adding her to your i485 application (i785? form?) before it gets approved. Otherwise, the process takes longer.

Hope this little bit helps.

Congratulations in your upcoming wedding.

 

[jbm]

Confusing

Do you have h1b now or not ?

or you just don't have h1 stamp on your passport ?

If you don't have only h1 stamp on passport but do have I-129 h1 approve petition then you should able to get her h4 without any problem from india, and once she is here then she can file I-485 as your dependent (except your I-485 is not approved before that)

If you realy have h1b expire then you are using EAD (that's only you can work without h1b) then you have to find more info on follow to join process mention in some other thread.

Consult your lawyer first ASAP.

Answer your questions
1. yes, h visa is duel intetion visa
2. right now
3. nop, i did my visa (with my wife)re- stamping in india in last november while my I-485 was pending .

JB