I485 Approved - HELP

S

shankar t

New Member
Hello friends,

  I went to india on H1B in the mean time i got my I485 Approved . Now the situation is i applied my H1B extension and H4 for my wife since i got married recently. Is it possible i will get H4 and my H1 extension or i can\'t bring my wife . Can anybody please give me some insight. Am totally upset with this situation.

I really appreciate for any advice.

Thanks,
 
No Title

If you had included your wife while applying for 485, then why not?. If you dont have H1 extension papers, then wait for it and ask ur lawyer to ship it to India and get them stamped in India and come on the same visa, Later you can go for stamping here.
 
No Title

Nothing to worry, but u need a good lawyer as long as u got married *before* u were approved. In that case u can apply for her in the "follow to join" category. This takes 6-8 months and her GC will be issued in the consulate in India.

Your H-1 is invalid on the day u got approved, so u cannot bring her on an H-4. If u got married after the approval, then she has to start a new GC process during which time she cannot come to the US. This takes 3-6 yrs, but she may be able to get a \'V\' visa after 3 years. (maybe, as the dates have to be extended in another law). In this case, the best thing to do is to try to get her here on an F-1 or H-1 and then start GC once she is here. She cannot go back, but atleast she is in status.

Good luck, and Congratulations on your marriage. Dont worry, your new wife will only bring u luck whatever happens!

Cheers

Egad
 
No Title

Best thing is to wait for H4 extn approval.
and get it stamped in India and comeinto US on H4(coolest visa)
-- as someone said in this discussion...
 
No Title

is not true that the moment you apply for I-485 you H1 is invalid. Is it possible to keep both H1 and I-485 ?

-Krishna
 
No Title

Hi Shankar,

First of all, congratulation for both the reasons , marriage as well as I-485 approval !
The best solution is , bring her in Fiancee\' Visa and get married here again so that she will get GC in 3 months. And you will live happily there after!
My sister-in-law came here on the same visa after marrying an Indian-American, got married again here and had GC in 3 months .
So have fun!
 
No Title

Hi Shankar,

First of all, congratulation for both the reasons, marriage as well as I-485 approval. It’s a good news and bad news.

I am also in a similar situation(not 100% but close enough). I am NOT married. I APPLIED for I-485 in Apr 00(so I also may get GC any time????). And there is no plan to marry soon as circumstances in India is not in my favor of marriage. So I am also gathering info about a way out. I spoke 3-4 times to local INS officer about this issue. She is very very good with me. She said "If you didn\'t apply for wife at the time of your I-485 application, that’s fine. But it must be BEFORE I-485 gets approved. Otherwise you have to apply in Family preference category. So doesn\'t matter when you marry, wife\'s application must be with us there before I-485 approval."

So even though you married before i_485 approval, but you are unable to apply for her before your I-485 approval. So I don\'t think there is any way to add her name after your file is closed(I-485 approval).

I am not trying to disappoint you(as I am in a similar boat like you are).

The info I gathered from my lawyers and from INS is disappointing me. So if anybody knows a way out please share info with us.

Thanks
 
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