Jim or other Gurus please help !!!!!!

G

gcar

Registered Users (C)
My 485 is being processed by Company A at NSC and I have my Finger printing in May. I got laid off b4 the 180 day period and I joinded Company B in Feb using EAD. Now company B is ready to do H1 transfer. I am more comfortable being on a H1(till 485 is approved) as that would help me getting my spouse on H4.Being on EAD, I feel I need to go thru a lot of processing to get my spouse along with me immediately after marriage. So please advise whether the H1 transfer at company B wud scuttle my 485 from company A.

gcar
 
Jaxen

Please be aware that I have been working for Company B on an EAD for 2 months. Now I am planning to move from EAD to H1 in Company B keeping the 485 processing alive in Company A. The question is what are the issues I need to look for when I try to get my spouse on H4. Please give me a detailed answer. Sorry for eating into u\'r time.

gcar
 
dear gcar do NOT worry -file i-485 w/ follow-up

So long as your current i-485 is not approved U CAN file a FOLLOW-UP application for your spouse.

So, guess she can enter USA on Advance Parole.

Cheers!Consult your lawyer.
 
Gokul.. & gcar

Would you be kind enough to explain
1. What is follow-up?
2. How can she apply for 485 if she is not here yet (485 is adjustment of status from a previous status to green card) Do medicals etc. while in home country?
3. get AP if no 485 is pending.

I know that the concept is popular that if you are on EAD you cannot go to H1. But it has to be determined on a case to case basis.

gcr : Talk to a lawyer. Explain why you want to do a H1 with company B. You cannot take my word or others\' word to INS. But a lawyer\'s opinion and help will definitely benefit you.
 
My 2c worth...

gcar,

1. I am not sure but I think filing for follow-to join is some thing like CP for your wife.
2. Take an attorney\'s advise on moving from EAD to H1! I think it is a bit complicated! The reason is as per AC21 if some one is currently on H1 and file for H1 transfer for other company then that person can work on H1 even though the H1 transfer while it is pending, but if the person is working on EAD then he has to continue on EAD until H1 transfer is approved! Unless one goes for priority processing I am not sure how long it is taking now a days for H1 approval.

- PCee
 
This is getting interesting !!!!

As I told u, I am working for Company B on an EAD. I am not yet married and I am planning to scout for my better half. If I were to search in India, there is a tag attached (atleat 80% cases) that I need to take my spouse with me IMMEDIATELY. Now that I am on EAD, getting her IMMEDIATELY is IMPOSSIBLE unless I get her a H1 thru a desi company. So, that pushes me to the other possibility, where I apply for a H1 transfer in my current company and get her on a H4. Now that u might have understood the case clearly, my questions are :

1. Am I legally allowed change to H1 in company B where I started on an EAD ?
2. If I do a H1 transfer, will this affect my 485 processing from Company A ?

P.S. NSC is the center for both A and B

gcar
 
No Title

Nothing sounds interesting. You seems like a person who wants to make everything complicated in life and thinks they are smart. If you are so sure that you ought to get married and bring her here for Green Card why you didn\'t do that before filing I-485. Even you could move to H1 there is still a possibility that she might get rejected based on your status change from EAD to H1 and your intention is questionable. However there are always solutions.
1. Spend some money, see some lawyers and find the best one who had handled these kind of cases.
2. Sit tight and get married here.
A
 
my friend did it

my friend married someone who was on Student visa in USA.He married her after filing 485 and did a follow-up application adding her i-485 application as a dependant.

Guess, follow-up application is just a letter from your lawyer stating that certain conditions in your application have changed since you filed- like adding spouse/marriage certificate to your application or maybe your birth certificate was unavailable at the time of filing 485 and later when you have the certificate you tell ins to add this document to your application.i.e.any change to your originally submitted application.

So see if she can get any other visa (student,h1..)to get into US and then file her i-485.
 
consult a good lawyer

like jaxen mentioned consult a vigilant lawyer today -the rules change everyday -am not sure where they stand visa (student b2) conversion rules post 9/11.
 
The problem is that you are not working for the H-1 employer

Therefore, you cannot currently be in H-1. You certainly could apply for an H-1 transfer and see what happens but you should have had an H-1 transfer BEFORE you changed employers. arguably, there is no H-1 right now to transfer. You certainly have not been out of status or working illegally but there are questions regarding the validity of your H-1 visa. Are you positive your previous employer did not cancel it?

As far as the status of your I-485, it depends on the reading and interpretation of AC-21, and every lawyer seems to have a slightly different take on that.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
Jim

I am positive that my previous employer hasn\'t cancelled my H1. The last paystub I received on that H1 was in Nov. Now that 180 days are over (as of Apr 28th from RD), will I have any problems regarding

1. H1 transfer to company B
2. 485 processing at company A

I know I am beating abt the bush and unintentionally eating into your time. As the economy is on the mend, u wud definitely start getting such queries sooner !!!!

gcar
 
gcar, a while back there some postings

on not able to file h1 while on ead. I think you are ok as far
as the current status is concerned, everything is legal but
bring a dependent, may need to go through 3 years waiting period
if you declare you have I485 pending and try to use AP for yourself.
This cannot be done in India. I think only option would be to bring
in another immigration status if that is a possibility.
 
gcar, a little more worrying for you

Gcar,

If I understood your problem correctly, then you have applied for 485, and are planning to get married, and planning to get your future wife on H4. My question is that once you get your green card, doesnt your wife\'s H4 get cancelled?? As far as I know, after you have applied for 485, you can add spuse, only if the spouse was present in US before RD or if you can prove that you were married before RD.
If your wife doesnt get her status changed to H1 or student visa or something, the she will have to go back to India, apply for GC through marraige, which might take couple of years

Jay
 
This is my 2cents advice.

Get married and let your spouse stay in India or bring her on some other status like tourist visa. After getting I485 approved you can get her Green card thru Follow to join which should take between 6-9 months as you got married before your Green card was approved. This scenario is different from getting Green Card thru relatives, that takes years but his should take only months!!!!
 
No Title

RD has nothing to do with it, its Approval date!!!!!!!!!!!! You should show INS that you got married before your I485 was approved and then it will take only 6-9 months thru Follow To Join to get her Green card. Even I am planning to do the same. I\'ll get married now, which is after filing for I485 and RD is Feb 22, 2002, and then in 1-2 months I\'ll get my marriage registered. And later, when my I 485 is approved I\'ll get Green card to my husband, I cannot get him now as he is on J1.
 
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