I485 Filing Confused!!! Need your Help!!

L

LittleSab

New Member

1. If a Unmarried Person File I485, What is the latest time to get married and bring the spouse to US on H4 and File GC for spouse?

2. Will there be any problem in getting H4 Visa for Spouse after One filed I485(got EAD, Advance Parol and Finger printing Done). Assuming the employer maintain a valid H1 Status?

3. Is that true that after filing 485, One should not change His/Her I94 card. Otherwise 485 processing will be automatically cancelled? Please Advice


Please take a moment to clarify my doubts....
Thanks a lot!!!! :confused: :confused: :confused:
 
Answers

Q1. If a Unmarried Person File I485, What is the latest time to get married and bring the spouse to US on H4 and File GC for spouse?

A1. Prior to approval of the I-485

Q2. Will there be any problem in getting H4 Visa for Spouse after One filed I485(got EAD, Advance Parol and Finger printing Done). Assuming the employer maintain a valid H1 Status?

A2. There shouldn't be as long as you properly maintain your H-1 status. Never can tell with some consulates though.

Q3. Is that true that after filing 485, One should not change His/Her I94 card. Otherwise 485 processing will be automatically cancelled? Please Advice

A3. Partially correct. If you are in H-1 you can travel on the H-1 but I usually suggest getting AP anyway since if you lose your H-1 for any reason (which can even happen when you are overseas) you could have a serious problem. Travelling on AP is safe.
 
Jim,

Q3. Is that true that after filing 485, One should not change His/Her I94 card. Otherwise 485 processing will be automatically cancelled? Please Advice
Click to expand...

A3. Partially correct. If you are in H-1 you can travel on the H-1 but I usually suggest getting AP anyway since if you lose your H-1 for any reason (which can even happen when you are overseas) you could have a serious problem. Travelling on AP is safe.
Click to expand...

Could you explain this further ?

My u/standing is that if there is extension of stay, the INS maintains the I-94 number though attaches a diffrent I-94 phsically with the approval notice.

However, if I travel on H1b. at the POE, I will get a different I-94 card AND a different I-94 number. Why will this cancel my 485 processing ?

Does one get an I-94 when entering on AP ? If so, will that be vaild till the validity of AP ? or till 485 is adjudicated ? If I enter 2 days before the expiry of AP, what happens ?

If at the port of entry, there is problem with H1, can one use AP at that time or that is not permissible ?

As usual, I will very much appreciate your response.
 
As long as you have and maintain a valid H-1 visa, you can travel at will on that visa. Approval of the I-485 will invalidate the visa and so will a layoff. International travel without AP or a valid visa (such as an H-1) which will permit travel will be considered abandonment of the pending I-485.
 
Jim,

I understand what you are saying here. I just wanted to confirm one thing:

If a person travels on a valid H1 with a pending I-485, and
re-enters US with a new I-94 before the I-485 is approved and
hence H1 is valid then he is all set, right ?? Does the act of
simply getting a new I-94 affect anything?

Thanks,
Sav
 
No Jim...

This is a myth Y'all are spreading. Who will travel without a valid H1 or AP???
The 485 gets cancelled ONLY IF either h or AP has expired ... RIGHT?!?
Savant123456... you are fine. This Q does not affect U.

Ur getting a new I94 while 485 receipt is pending, will not affect I485 processing...
Regarding entering US while AP is valid, application for another AP will safe gaurd yr 485. However, expiry date mentioned in AP I94 is not binding. If 485 is pending, then U are adjustee, period.

At POE if H1 has problems, you can Cry " RESET" and show AP. ask for a supervisor and explain why U are going to use AP.
 
Please HELP!!!

I am been working with same employer since my arrival to US in July/97

My first H1 petition was approved in March/1997 (from 03/16/1997 to 03/15/2001) and I came to US in July/97.

My second H1 extension was approved in April/2001 (from 03/15/2001 to 03/15/2003).

I filed my LC for GC in March/99 and it was approved on Sep/2002.
With the new law I have filed for I-140, EAD and I-485 concurrently in Oct/2002.

I have already gotten my EAD and FP done and I-140 is still pending

My fiancé leaves in India and I will be traveling to India during 1st week of February 2003. Upon my marriage will my spouse have any problems getting her H4 visa as my H1 expires in Mar/2003.

I am also planning to apply for my 7th year H1 extension, will they consider my application for the 7th year as I will be completing my 6 years ONLY in July 2003. Or should I be applying for just 3 months (03/16/2003 - 07/16/2003) to complete my 6 years stay in US

Also will it affect my I-485 as my I-94 will change after my travel?

My Lawyer has advice me NOT to apply for AP as they might out me on AP and invalidate my H1, this will surely affect my spose getting her H4 if I am NOT on H1.


Has anyone gone through similar situation??

Please advice
 
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