Marriage after applying for I-485

K

karma

Registered Users (C)
I have recently applied for I-485 and planning to get
married before it\'s approved. Taking a chance on INS efficiency.

I have couple of questions.

1. Can I use 180-day rule and get a new H-1 from a new employer with same
job description?
2. If yes, can I use it to get my spouse H-4? Do I need any info from my previous employer to file AOS for my spouse?(before 485 gets approved).

thanks for your time.

madhav
 
I have recently applied for I-485 and planning to get
married before it\'s approved. Taking a chance on INS efficiency.

I have couple of questions.

1. Can I use 180-day rule and get a new H-1 from a new employer with same
job description?
2. If yes, can I use it to get my spouse H-4? Do I need any info from my previous employer to file AOS for my spouse?(before 485 gets approved).

thanks for your time.

madhav
 
Answer to your questions

1. You have not clearly specified if your current H-1B visa is still valid and you have a valid I-94. You have only stated that you have applied for your I-485 recently. If you have a H-1B, then you can and get married and bring your spouse on a H-4 visa and then file your spouse\'s I-485 as a "Follow to join" your case.You have to do that when the dates are current. Assuming the dates are pushed back, you cannot file her I-485 even if she comes here on a H-4 visa.

2. Even after filing I-485, you can apply for a new H-1B from a new employer or extend the existing H-1B visa. This is permissible under AC21. Using that you can bring your spouse.Once you start using your EAD also, you can switch back to H-1B with a new employer.

Hope this helps.

Rama
 
JoeF, That is incorrect!

You seem to know what you\'re talking about in most cases and I don\'t want to be a pain here but AC21 sect. 106 is clearly not limited to exclude those with pending I-485 and specifically states that the H-1 status can be extended in one year intervals until a final decision on the permanent residence application is adjudicated.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
AC21 is probably the most misunderstood piece of immigration law right now

Everybody has different opinions on it. You obviously know what you\'re talking about in nearly all cases. You really want to see a difference of opinion, see Sheela Murthy\'s opinions on AC21 I-485 portability (www.murthy.com) and compare them to Jose Latour\'s (www.usvisanews.com). You\'re in good company.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
in need of advice and help

i plan on getting married soon but he\'s in mexico and im an american citizen.the problem is that i don\'t know how to get him back in the u.s. but i was wondering if marriage would help us be together again in the U.S. if you can help me please e-mail me at: angel_lover1303@yahoo.com
 
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