I have applied 485 under 245i and I have a valid H1 visa on my passport. I have an EAD but haven\'t used it. I would like to travel to my home country to get married and bring her to USA on her new H4 visa before my green card is approved. Is it safe to travel under 245i while someone HAS a valid H1 visa? Has anyone travelled before? Is it pretty straightforward to get a H4 visa at US consulate for her?
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Is it safe to travel under 245i while still have valid H1 visa?
- Thread starter cool485
- Start date
H1 is safe to travel...
The major question is : why you had to apply for 245(i)? Was it related with the H1 status?
Then there is a possibility of the H4 being in jeopardy. Since that is the time when your status might be reviewed by a state dept. person (visa officer at consulate). They usually use their whims and fancies to decide about a case.
It would be advisable to get Advance Parole based on your 485 application purely as a backup, if the consulate screw up your H1. If they do, you might not be able to bring your spouse immediately but can do CP for your spouse , once your GC is approved. I am not trying to scare you, but am lining up the worst case scenario.
The major question is : why you had to apply for 245(i)? Was it related with the H1 status?
Then there is a possibility of the H4 being in jeopardy. Since that is the time when your status might be reviewed by a state dept. person (visa officer at consulate). They usually use their whims and fancies to decide about a case.
It would be advisable to get Advance Parole based on your 485 application purely as a backup, if the consulate screw up your H1. If they do, you might not be able to bring your spouse immediately but can do CP for your spouse , once your GC is approved. I am not trying to scare you, but am lining up the worst case scenario.
thanks for your quick reply, jaxen.
ok, My new employer\'s lawyer filed a new H1 application few weeks before I left my old employer (Company A) for my new employer (Company B). I didn\'t start working at my new employer (Company B) until I get a H1 approval, but waited for H1 approval for 4-6 months (can\'t remember). My application was kept in the mailroom for 4-6 months! (lawyer several times talked to INS, it was not my fault because it was kept in mailroom). After 4-6 months, my new employer\'s lawyer heard AVM that my new H1 had been approved but he hadn\'t received an approval notice yet but my employer (Company B) had received it and informed me that I could start working. After two months of working at my new employer, I asked my employer (Company B) for a copy of H1 approval and he gave me a copy of it. I read instruction of H1 approval and it instructed me to go to my home country to get H1 visa (Company C didn\'t know about this and my lawyer still hadn\'t received an approval notice.). One day later, I got another job offer from another company (Company C) and my new personal lawyer filed another new H1 visa with Company C. I went out of USA immediately and waited for a new H1 visa with Company C. Few weeks later, my personal lawyer sent me a H1 approval with Company C via mail. I came back with a valid H1 visa with Company C (I went to US consulate to get it stamped on my passport) without any problem and I then applied for 485 under 245i. Would it pose any problem to get a H4 visa for my fiancee? I would like to travel to my home country to marry her and bring her on H4 visa then file 485 for her. Is it okay, jaxen or anybody?
ok, My new employer\'s lawyer filed a new H1 application few weeks before I left my old employer (Company A) for my new employer (Company B). I didn\'t start working at my new employer (Company B) until I get a H1 approval, but waited for H1 approval for 4-6 months (can\'t remember). My application was kept in the mailroom for 4-6 months! (lawyer several times talked to INS, it was not my fault because it was kept in mailroom). After 4-6 months, my new employer\'s lawyer heard AVM that my new H1 had been approved but he hadn\'t received an approval notice yet but my employer (Company B) had received it and informed me that I could start working. After two months of working at my new employer, I asked my employer (Company B) for a copy of H1 approval and he gave me a copy of it. I read instruction of H1 approval and it instructed me to go to my home country to get H1 visa (Company C didn\'t know about this and my lawyer still hadn\'t received an approval notice.). One day later, I got another job offer from another company (Company C) and my new personal lawyer filed another new H1 visa with Company C. I went out of USA immediately and waited for a new H1 visa with Company C. Few weeks later, my personal lawyer sent me a H1 approval with Company C via mail. I came back with a valid H1 visa with Company C (I went to US consulate to get it stamped on my passport) without any problem and I then applied for 485 under 245i. Would it pose any problem to get a H4 visa for my fiancee? I would like to travel to my home country to marry her and bring her on H4 visa then file 485 for her. Is it okay, jaxen or anybody?
Three year and ten year bar!
I would advise you to talk to an attorney on this. If you applied 245(i) because you were out of status for less than six months then three year bar comes into play, if you were out of status for more than six months then ten year bar comes into play. Please visit this website or www.shusterman.com regarding 245(i) issues for clarification of "out of status". 245(i) lets you for the adjustment of status (I-485) without leaving the USA, it does not waive the three year and ten year bar, once you leave the USA, these bars will come into play. Thanks and good luck to you.
I would advise you to talk to an attorney on this. If you applied 245(i) because you were out of status for less than six months then three year bar comes into play, if you were out of status for more than six months then ten year bar comes into play. Please visit this website or www.shusterman.com regarding 245(i) issues for clarification of "out of status". 245(i) lets you for the adjustment of status (I-485) without leaving the USA, it does not waive the three year and ten year bar, once you leave the USA, these bars will come into play. Thanks and good luck to you.
cool485, I agree with Baba Yaga!
I agree with Baba Yaga regarding a consultation with a very competent immigration attorney on this very important issue! I have seen a couple of horrible postings regarding denial of entry to H1B holders (one of them actually filed for I-485) at POEs for small reasons which are being considered very important by INS at POEs now. I am not trying to scare you, I am trying to be very cautious here. A paid (telephone) consultation with a very competent immigration attorney will cost you in the range of USD 200.00 - 300.00, but the advice you are going to get from that attorney will be a thoughtful one based on the existing immigration laws which will ultimately save you from a lot of headache. Since you already applied for I-485 under 245(i), the three and ten year bar will come into play as soon as you leave the USA - this is what I understand reading your postings. As I mentioned earlier, the 245(i) amendment lets an alien to apply for adjustment of status without leaving the USA, but it does not waive the three and ten year bar. Is there any other legal way you can think of to bring her here without you leaving the USA? Thanks and good luck to you.
I agree with Baba Yaga regarding a consultation with a very competent immigration attorney on this very important issue! I have seen a couple of horrible postings regarding denial of entry to H1B holders (one of them actually filed for I-485) at POEs for small reasons which are being considered very important by INS at POEs now. I am not trying to scare you, I am trying to be very cautious here. A paid (telephone) consultation with a very competent immigration attorney will cost you in the range of USD 200.00 - 300.00, but the advice you are going to get from that attorney will be a thoughtful one based on the existing immigration laws which will ultimately save you from a lot of headache. Since you already applied for I-485 under 245(i), the three and ten year bar will come into play as soon as you leave the USA - this is what I understand reading your postings. As I mentioned earlier, the 245(i) amendment lets an alien to apply for adjustment of status without leaving the USA, but it does not waive the three and ten year bar. Is there any other legal way you can think of to bring her here without you leaving the USA? Thanks and good luck to you.