I485 Filing, Wife currently in India

G

gconmymind

Registered Users (C)
My Status: H1B approved and stamped for another year, I am from India

I got married in early July and my wife is currently working in India. She was planning to come to USA around the end of this year on H1B (approved from the US office of her Indian company for FY08 - visa not stamped, only petition approved). Now that the visa dates are current, I am contemplating filing her 485 with/immediately after mine (after applying her H4 in Inida). In this scenario, what is better - we file her 485 now, or she comes on H1B and works on H1B till dates become current?

- If she comes to file 485, how long does she need to be in US - till her application reaches USCIS or till we get the receipt notice?

- Do I need to wait till she comes to US to file my application?

- Can she apply for EAD alongwith 485 but still apply for H1 from India and work on H1?

- Will a filed 485 have any bearing when she applies for H1 visa?

Any better ideas/suggestions?

Thanks all!!
 
If possible she should go for H1B stamping immediately and come to US to join you and you apply for 485.

I dont think it is possible to apply for her 485 without she coming to US (before Aug 17th or whatever date set as deadline by your lawyer).

A filed 485 has no bearing on H1B that is already approved and stamped but not the other way round. After a person is included in 485 petition I dont think it is possible to get H1B or H4 any more.

After filing for 485 - I am not sure how long she should stay in US. The only thing that comes to my mind is - does she "have" to travel only on AP after filing for 485 or she can travel on H1b/H4 (without having to wait for anything after filing for 485)? I am not sure about that.
 
You must log in or register to reply here.
Top