pausebreakme
New Member
Hi,
My Wife recently went to India for a 2 month vacation. She is currently on F1 multiple entry visa ( converted from H4). How do I go about applying for my I-140 and the I-485 while she is in India. I know that one has to be physically in US to apply the I-485. I am not sure what is the right thing to do, so I am posting my questions and would be thankful if someone could help me out.
1) Can I file for my wife's 485 after she comes to US. I understand the PD has to be current for her to apply but what if the dates retrogress and my 485 is approved ? Can we still file for her 485 as we got married before I filed for my 485. Is there a stage between the 485 + getting the GC where I could submit her 485 application ( assuming the dates become current at that time) ? or can I file for her 485 after my GC gets approved ( or is this NOT possible ) ?
2) Can I file for my I-140 and I-485 and apply my wife's 485 as a counselor processing ( as she is in India). Are there any disadvantages with this approach.
3) Also, are there any problems to file for a 485 while the person is on F1 visa. She is planning on completing her masters by eod of this year. Would she be eligible for the OPT or H1 visa while the 485 is pending ?
4) When would a EAD card be issued ? Is it after the approval of 485 or on the receipt of the application by the USCIS ?
Any answers to this would be really appreciated.
Regards.
My Wife recently went to India for a 2 month vacation. She is currently on F1 multiple entry visa ( converted from H4). How do I go about applying for my I-140 and the I-485 while she is in India. I know that one has to be physically in US to apply the I-485. I am not sure what is the right thing to do, so I am posting my questions and would be thankful if someone could help me out.
1) Can I file for my wife's 485 after she comes to US. I understand the PD has to be current for her to apply but what if the dates retrogress and my 485 is approved ? Can we still file for her 485 as we got married before I filed for my 485. Is there a stage between the 485 + getting the GC where I could submit her 485 application ( assuming the dates become current at that time) ? or can I file for her 485 after my GC gets approved ( or is this NOT possible ) ?
2) Can I file for my I-140 and I-485 and apply my wife's 485 as a counselor processing ( as she is in India). Are there any disadvantages with this approach.
3) Also, are there any problems to file for a 485 while the person is on F1 visa. She is planning on completing her masters by eod of this year. Would she be eligible for the OPT or H1 visa while the 485 is pending ?
4) When would a EAD card be issued ? Is it after the approval of 485 or on the receipt of the application by the USCIS ?
Any answers to this would be really appreciated.
Regards.