issues with my GC processing if married in future

hyd_uthere

Registered Users (C)
I am sure many people fell into similar situation; I would like to get some suggestion on whether I am thinking it right way or not.

I am currently on H1-B visa status (expires in 8 months, but can renew it later for another 3 years) and not married, I recently (July 27th) applied for I-485 and I-140 (when my priority date May 2005 became current date).

Here comes my question.

If I plan to marry (assume my spouse is in India) at the end of next year (Dec 2008), what are the chances that my wife can come to USA.

My thinking goes here. I just want to find if this is practical/feasible/resonable.

I can work for the current employer till my EAD and I-140 gets approved (considering the fact that I-140 and I-485 is pending for 180 days), once it is approved, I would like to change my employer by transferring my H1-B. Go to India get married and bring my wife on H4 visa to USA, after she comes here apply for her EAD (if the priority date is current).

Hope to get some responses. Thank you.
 
Last edited by a moderator:
I talked to my lawyer today, she said that

1) My wife can come here on H4 and she can apply for I-485 (using my priority date and when it becomes current). If after applying I-485 for my wife and my I-485 gets approved my wife is still legal to stay in USA.

2) If after approval of I-140 & EAD and I-485 pending for 180 days, I can change my employer by having my EAD and I-140 still valid.

3) Transferring H1 is not a risk for I-485 processing.
 
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