I-485 current & Family not here: To apply for self OR wait and apply together

[RainmanR]

Hi There! Please help me!

For me - The good thing is I-485 is current and I can file for it and bad part is - my family is currently in home country on vacation, so can't file for them. I am in dilema whether I should go ahead or should I wait and file all of us together?

Can you please help find answers to the questions below?

Situation:

Our green card I-140 is already applied and awaiting approval for past 4 months.

Our visa (stamped in passport) is expired. However, new visa approval notice (I-797) is already obtained and is valid till Apr-08.

My family (wife & son) are in home country for a family emergency. They plan to return in Aug'07 after getting current visa stamped. Even if they want to return early, there are no visa dates available with US consulate till end-July.

Questions:
#1. Can I-485 be applied on my behalf and then family members be added to my application?

#2. If we proceed with my I-485 now and later on when want to add family, do they have to wait for priority date to be current if at that stage (Aug'07) priority date doesn't remain the same as of now? Does adding them onto my application has any dependency on priority date to be current?

#3. If #2 is not valid, then no issue but if yes, then having myself in I-485 state and family waiting in I-140 - will that cause any problems to their H4 visa status or any other issues?

#4. Is there any option to have their medical tests done outside USA? Is it mandatory to have the person in the US and medical test reports, before applying for I-485?

#5. If I apply my I-485 now - things move very fast and say I get an EAD even before adding my family members or while in the process to add them on I-485 application - does it cause any issue?

#6. In above case (#5), what is the impact on my family's H4 status as I believe H4 is dependant on H1? Do I need to keep taking H1 renewals while having EAD?

#7. What is likelihood of data going back to original state i.e. retrogessed as they were before becoming current? Any idea if date will remain current till end-August?

#8. My HR tells me, if I file and get EAD approval before family joins, then they would go far down in the priority list and may take many years to get them to the stage where I will be. Is this correct?

#9. Are there any travel restrictions after applying I-485?

#10. Can employer be changed after obtaining EAD? What is my family's EAD is not obtained till then?

Your responses are highly appreciated. I am not getting any straight answer when queried some of my friends.

Regards,
RainmanR

 

[TheRealCanadian]

#1. Can I-485 be applied on my behalf and then family members be added to my application?

No. They need to file their own applications, once they are in the US and if their PD remains current.

If we proceed with my I-485 now and later on when want to add family, do they have to wait for priority date to be current if at that stage (Aug'07) priority date doesn't remain the same as of now

Yes.

having myself in I-485 state and family waiting in I-140 - will that cause any problems to their H4 visa status or any other issues?

No, but you need to maintain your H-1 status and not use an EAD.

Is there any option to have their medical tests done outside USA? Is it mandatory to have the person in the US and medical test reports, before applying for I-485?

No, the tests need to be done in the US.

say I get an EAD even before adding my family members or while in the process to add them on I-485 application - does it cause any issue?

Not if you don't use it. Pretend you never received it, put it in a drawer until your family arrives and gets their I-485 filed.

Do I need to keep taking H1 renewals while having EAD?

Absolutely.

Any idea if date will remain current till end-August?

I think that's unlikely, but you never know. Give it two weeks.

My HR tells me, if I file and get EAD approval before family joins, then they would go far down in the priority list and may take many years to get them to the stage where I will be. Is this correct?

No. Your HR is clueless.

Are there any travel restrictions after applying I-485?

No; you just use your H to travel.

Can employer be changed after obtaining EAD? What is my family's EAD is not obtained till then?

DO NOT DO THIS UNTIL YOUR FAMILY HAS FILED THEIR I-485s.

 

[voldemarv]

DO NOT DO THIS UNTIL YOUR FAMILY HAS FILED THEIR I-485s.

Small correction here: you can change employer with regular H1 transfer after your I-140 is approved and I-485 is pending for more then 180 days. Just don't use EAD.

 

[RainmanR]

Thank you very much 'TheRealCanadian' and 'volemarv' - your responses are much appreciated and are very helpful.
Regards!