important question please advise

Z

zyx2002

Registered Users (C)
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status? Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
 
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status?
*****No
Also if I marry her while my I485 processing is going on can she be added to my I485 application?
****yes, from what i know....but i am not sure whether they fall under EB or FB category in case your 485 gets approved before your file her application

In that case when she travels to India will she be using AP?
*****yes, only H and L can have dual status (h/l can travel using their h/l visas)....everyone else needs AP

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?
*****yes
If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
*****from what i know H1 can maintain dual status....hence you can file H1 visa.....
 
zyx2002 said:
Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?
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She doesn't get added to your I485; she files her own. So long as the marriage occurs before your I-485 is approved she will get your category and priority date; if the marriage occurs afterwards she falls under FB2A.
 
zyx2002 said:
If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
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From what I understand - going back on H1B from EAD would mean applying for a new H1B Visa from scratch and that too only if H1 quota is still available.
 
Aakash28 said:
From what I understand - going back on H1B from EAD would mean applying for a new H1B Visa from scratch and that too only if H1 quota is still available.
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If he originally received an H1B subject to the cap, he is cap-exempt unless he leaves the US for a year.
 
zyx2002 said:
My I485 processing is still pending and I am working in EAD.

I have a question regarding marriage and I485. If I marry someone who is already in USA as a student doing PhD or MS will there be any problem in her visa status? Also if I marry her while my I485 processing is going on can she be added to my I485 application? In that case when she travels to India will she be using AP?

How about if I marry someone in USA on H1 visa or L1 visa? Can she be added to my I485 application?

If I marry someone in India will it be possible for me to go back to H1 visa status and bring her to USA on H4?
Click to expand...
See your other post and participants in http://immigrationportal.com/showthread.php?p=1544649#post1544649
 
TheRealCanadian said:
If he originally received an H1B subject to the cap, he is cap-exempt unless he leaves the US for a year.
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are you sure about this?....thats a good news since i am planning to switch to EAD and was worried about getting a new H1 in case 485 got denied
 
techy2468 said:
are you sure about this?....thats a good news since i am planning to switch to EAD and was worried about getting a new H1 in case 485 got denied
Click to expand...

I'm not TheRealCanadian, but yes, that is right as I understand it. Conversely, if you originally got your H1-b cap-exempt (e.g., higher education institution), then you are not cap-exempt.
 
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