help needed - tricky situation

leo_1965

Registered Users (C)
Can anyone help with my situation?
My I-140 is approved, I-485 pending PD is 8/02 and I have my EAD and I have recently lost my job. My wife is still on H4 status. If I start using my EAD, my wife will be out of status. One option is use my EAD, have my wife go to India now and come back after my I-485 is approved. Will there be a problem in bringing back my wife after my GC is approved? How long will be the process after my GC is approved? What other options available other finding an H1B sponsor?

thanks.
 
leo_1965 said:
Can anyone help with my situation?
My I-140 is approved, I-485 pending PD is 8/02 and I have my EAD and I have recently lost my job. My wife is still on H4 status. If I start using my EAD, my wife will be out of status. One option is use my EAD, have my wife go to India now and come back after my I-485 is approved. Will there be a problem in bringing back my wife after my GC is approved? How long will be the process after my GC is approved? What other options available other finding an H1B sponsor?

thanks.
Does not she have 485 pending... if yes...then u don't need to worry.... why don't you apply for H1 extension with new employer if u find a job.
 
No, she doesn't have I-485 or I-140 thanks to the texas uscis mess-up. My question is if she goes to India now, can I get her back as soon as I get my GC?

thanks.
 
Maybe the dates are not current for him to file 485 for her.

That is the reason why people should maintain their valid H1 so that dependants can live on H4

techy2468 said:
but why dont you file a 485 for her?.....does she falls under Family category now??
 
This is a tricky situation.

I think he can extend his H1 right beyond 6 years since his dates are not current...but would he be prevented because he filed I-485??? I guess not because I have seen many extending just because their dates are not current.

In that case the best bet is to transfer H1 and invoke AC-21 later. That way he could get H4 extension for his dependants.
 
Your PD is 8/02 if i am not wrong. If you want to use your EAD and send your wife to India....She has to stay in india more than two years as EB3 is going very slow and also she can't come to US, if your 485 got approved. If your dates become current apply for her EAD and send her to india and she can come back when ever she wants. Better stay in H1b and send her to india.
 
I spoke to an immigration attorney. She can go to India now and whenever my dates become current, we can apply for her GC. The question is when will the dates become current. I think I am going to look for an H1B sponsor to do my H1B transfer and extend her h4 visa. Are you guys aware of any H1B sponsors? I am based at Atlanta.

thanks.
 
Contact me if you need help.

leo_1965 said:
I spoke to an immigration attorney. She can go to India now and whenever my dates become current, we can apply for her GC. The question is when will the dates become current. I think I am going to look for an H1B sponsor to do my H1B transfer and extend her h4 visa. Are you guys aware of any H1B sponsors? I am based at Atlanta.

thanks.

Hi Leo,
I am in the same boat and to use my EAD we filed my wife's H1-B. Now I can use my EAD and my wife can stay on H1-B as it is approved recently. I know of a very good company who can file for your H1-B transfer. Please let me know what you do in terms of technology (Assuming you are an IT Pro).
If you are not into IT, then I may not be of much help.
Good Luck.
 
This is what my attorney told me. I am assuming that I will get my GC at the end of next year, but i am extremely optimistic here. I have decide to pursue different options (my H1B transfer or my wife's H1B transfer). If anyone know of any good H1B sponsors, please let me know.

thanks.
 
For H1-B Sponsorship

Hi Leo,
I recently got rid of my employerwho has not good to me.
I know a company who can help in your situation.
Contact me if you need more information.

Good Luck.
 
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