Important Dependant GC Questions!!!!

[GCQuestions2]

Hello guys,

My girlfriend and I are planning to get married soon and we would like to add me to her GC application. She has a European nationality and my nationality is Indian (from India). Both of us are currently working in US on H-1 visas and her labor certification (through PERM) just got approved a few days ago. Also, I have never applied for GC.

I recently got admitted to a business school in US and I would start school from July/August, 2006. Earlier, my plan was to get a Change of Status (COS) and convert from H1 to F1 and then attend school but now, if I want to add myself to her application, we are not sure how the process will work?

I have a few questions in this regard and would appreciate your response so that we can get started on this process.

1) If we file my girlfriend's I-140/1-485 (EB2) in May, 2006 and include me in her application, would I be able to attend school in July/August? (Assuming that we do not get EAD and AP by the time school starts. I think I won’t be able to get an F-1 once I am added to I-140/I-485 because I would have shown immigration intent.). Someone told me that I can attend school because I would be on dependant I-485 pending status and hence would not need an F-1 to join school. Is that correct?

2) If I can attend school, would I be able to take private loans or school scholarships? (I think that private loans require some status (H1 or F1) and scholarships require me to be on F-1).

3) If I can attend school and if for some reason our I-140/I-485 gets rejected while I am in school, will I be out of status and hence will have to leave the school and the US?

4) Please provide any suggestions about what is the best procedure we should follow? Should I get my F-1 and then add myself to her application (in July/August 2006) or is it better to not get an F-1?


Thanks a lot

 

[GotPR?]

1) If we file my girlfriend's I-140/1-485 (EB2) in May, 2006 and include me in her application, would I be able to attend school in July/August? (Assuming that we do not get EAD and AP by the time school starts. I think I won’t be able to get an F-1 once I am added to I-140/I-485 because I would have shown immigration intent.). Someone told me that I can attend school because I would be on dependant I-485 pending status and hence would not need an F-1 to join school. Is that correct?

Correct. You need to disclose that you are included in immigrant visa application in I-539 when you do COS and you will be most likely(not always) denied with F1. However, since she is on EB2 from Europe(she was born in Europe, right ?), she can file I485 & I140, therefore, you can do your derivative I485. You can attend school as AOS pending(you need to check your school accepts you on AOS pending status. Not all the school accepts AOS pending for admission).

2) If I can attend school, would I be able to take private loans or school scholarships? (I think that private loans require some status (H1 or F1) and scholarships require me to be on F-1).

not sure.

3) If I can attend school and if for some reason our I-140/I-485 gets rejected while I am in school, will I be out of status and hence will have to leave the school and the US?

you'll be out of status, but if she still maintained H1, you can be H4 and keep going to school.

4) Please provide any suggestions about what is the best procedure we should follow? Should I get my F-1 and then add myself to her application (in July/August 2006) or is it better to not get an F-1?

You can go to school on H4 or AOS pending. I do not see reason to go such risky path with F1.
Let her keep H1 status even after apply for I485 so that you can be on H4 just in case AOS is denied for whatever reason. If she did not get stuck in name check, she (and you) will see your GC in 6 - 8 months.

 

[GCQuestions2]

>you'll be out of status, but if she still maintained H1, you can be H4 and keep going to school.


How long will it take to convert from dependant I-485 pending status to H4 status. I mean, would I have to break my studies and continue later on (after I get H4) or can I continue studying even when my H4 application is in process?


Thanks

 

[GotPR?]

>you'll be out of status, but if she still maintained H1, you can be H4 and keep going to school.


How long will it take to convert from dependant I-485 pending status to H4 status. I mean, would I have to break my studies and continue later on (after I get H4) or can I continue studying even when my H4 application is in process?


Thanks

In the first place, she can maintain her H1 even after filing I485(IF she chose), therefore you can maintain H4. there is no out of status issue in this senario. if she decided to use EAD, she loses H1 status, and if I485 is denied, she and you will be out of status. Usually, one who does not have status can NOT file I539. YOu need to go out and come back with valid visa.

So, I recommend she maintains her H1 as well as your H4.

 

[GCQuestions2]

But when should I apply for H4? Along with our I-485/I-140 application?
I am currently on H-1 and want to stay on H-1 till 1-2 weeks before the school starts.

Thanks

 

[GotPR?]

But when should I apply for H4? Along with our I-485/I-140 application?
I am currently on H-1 and want to stay on H-1 till 1-2 weeks before the school starts.

Thanks

You need to apply for H4 before you quit H1 job.

 

[GCQuestions2]

Do you know how much time will it take to get an H-4? and would I have to travel outside the country to get H-4 stamped on my passport?

Thanks

 

[GotPR?]

If you travel before decision on COS is made, you need to get H4 stamp to enter the US.
If you travel after decision on COS is made, you need to get H4 stamp as well.
Only case you do not need H4 stamp is your COS is approved and you keep staying in the US.

I dont know how long it takes for COS to H4. May be a few weeks ?