I-485 filing - Timing and AP

[p1kg]

Dear members,

I recently filed for my I-140 and I am going to file my I-485 this month (I was waiting for my Birth Certificate). I do not plan to obtain AP or EAD at this time.

I have my second term H1B approval notice but no stamping. I shall be getting married next year in May 2004, I plan to apply for H1B visa revalidation in STL and travel to India to get married and return using H1B and get my wife on H4. After she gets here, I plan to join her on to my I-485 filing.

1) I am filing for my I-485 NOW (Oct '03) and join my wife to the I-485 filing in Jun'04, will there be any problems adding her on to my I-485 filing at such a later date?

2) Is it advisable to travel using H1B visa while on AOS (I-485 filing) ? Do I need to apply for AP?

If I apply for AP, go to India get married and return while my wife gets her H4 and joins me in US - what are the consequences of going this route on my status and will it affect my wife's I-485 filing?

Please advise what I should do ?

Thanks
P1

 

[nkm-oct23]

1) I am filing for my I-485 NOW (Oct '03) and join my wife to the I-485 filing in Jun'04, will there be any problems adding her on to my I-485 filing at such a later date?
There should be no problems (unless by some stroke of luck your 485 gets approved before your marriage).

2) Is it advisable to travel using H1B visa while on AOS (I-485 filing) ? Do I need to apply for AP?
It is perfectly all right to use H1b visa to travel while AOS is pending. You do not need to apply for AP unless you decide to use EAD to seek a new or continue current employment.

If I apply for AP, go to India get married and return while my wife gets her H4 and joins me in US - what are the consequences of going this route on my status and will it affect my wife's I-485 filing?
Applying for AP in itself does not change your status. Using AP also does not change your status if you also maintain a valid H status. It will have no bearing on your wife's I-485 filing.