How to bring wife & kids to US with I-485 pending, but no Visa in H4, while amended H1B approved??

GMR1964

New Member
Hi Rajiv,

Background:-
-> Labor PD is Dec' 2005 under EB2.
-> I-140 and I-485 filed in August 2007 for the entire family.
-> Finger prints done for entire family in April 2008.
-> Spouse and kids went to India on emergency (Father-in-law sick) in Sept 2008.
-> I-140 approved in Oct' 2008.
-> Employer filed amended part time H1B petition in Dec'2008 as the salary is less for the year and it is approved.
-> I got my EAD but not using as of now, because my attorney said if I use EAD, my wife and kids will be out of status as they don't have AP.
-> Employer is running pay roll though I am not in project as of now.
-> I want to bring my family to US now, to apply for AP and EAD.
-> Employer is providing employment letter for approximately $30000/-(little above the poverty salary line) as a document to the US embassy in India.
*********************************
**************************
Questions:-
1) Will Consulate reject Visa stamping due to less salary shown in the employment letter?
2) If so what is the alternative to avoid this situation? Is it better to wait till I get a project and again amend H1B for better salary and send family to stamping?.
3) If I want to use my EAD, Can I convert the present case to counselor processing ?
4) How long a counselor processing will take?
5) OR, Can I change my employer? If so by using EAD?, OR by filing new H1B with another employer to send new H4 to my family?
Please help me with best solution.

With Best regards,
GMR1964.
 
Last edited by a moderator:
Hi Rajiv,

- you should contact Rajiv :
Law Offices Of Rajiv S. Khanna, PC
5225 N. Wilson Blvd.
Arlington, VA 22205-1148
Voice: (703) 908-4800


Background:-
-> Labor PD is Dec' 2005 under EB2.
-> I-140 and I-485 filed in August 2007 for the entire family.
-> Finger prints done for entire family in April 2008.
-> Spouse and kids went to India on emergency (Father-in-law sick) in Sept 2008.
-> I-140 approved in Oct' 2008.
-> Employer filed amended part time H1B petition in Dec'2008 as the salary is less for the year and it is approved.
-> I got my EAD but not using as of now, because my attorney said if I use EAD, my wife and kids will be out of status as they don't have AP.
-> Employer is running pay roll though I am not in project as of now.
-> I want to bring my family to US now, to apply for AP and EAD.
-> Employer is providing employment letter for approximately $30000/-(little above the poverty salary line) as a document to the US embassy in India.
*********************************
**************************
Questions:-
1) Will Consulate reject Visa stamping due to less salary shown in the employment letter?
2) If so what is the alternative to avoid this situation? Is it better to wait till I get a project and again amend H1B for better salary and send family to stamping?.
3) If I want to use my EAD, Can I convert the present case to counselor processing ?
4) How long a counselor processing will take?
5) OR, Can I change my employer? If so by using EAD?, OR by filing new H1B with another employer to send new H4 to my family?
Please help me with best solution.

With Best regards,
GMR1964.

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