Marriage I-485 AC21 Portability

selvaraj

Registered Users (C)
I am working for company X who is processing my GC. As per their policy they will revoke my h1b visa on 30th June 2005 (after 180 days filing my 485).After that I should work only using EAD/AP.

I am single and planning to get married in near future (may be by year end). But our company will be revoking my h1b on 30th June 2005.
After that I can't bring my wife using h4 visa.

I am thinking of doing the following to solve this problem.
Switcing to another company (transfer my h1b visa) after june 2005 (after 180 days time frame).
Is the exisitng I-485 still valid?
Once got married, I can take my wife here using h4 visa and apply her I-485.
After that I can start working using my existing EAD (using AC21 portability option).

Is it possible to do like this?
Please reply me if you have any suggestion.
 
selvaraj said:
I am thinking of doing the following to solve this problem.
Switcing to another company (transfer my h1b visa) after june 2005 (after 180 days time frame).
Is the exisitng I-485 still valid?

Yes, if your I-485 is pending for more than 180 days, your I-485 will be valid irrespective of I-140 revocation. But use AC-21 portability you need to satisfy following conditions:
1. You have an offer for similar to LC job.
2. Your new employer is willing to support your GC process.


selvaraj said:
Once got married, I can take my wife here using h4 visa and apply her I-485.
After that I can start working using my existing EAD (using AC21 portability option).

Is it possible to do like this?

Yes you can bring your wife in H4 provided your H1 is valid and your I-485 is not approved.
 
selvaraj said:
I am working for company X who is processing my GC. As per their policy they will revoke my h1b visa on 30th June 2005 (after 180 days filing my 485).After that I should work only using EAD/AP.

I am single and planning to get married in near future (may be by year end). But our company will be revoking my h1b on 30th June 2005.
After that I can't bring my wife using h4 visa.

I am thinking of doing the following to solve this problem.
Switcing to another company (transfer my h1b visa) after june 2005 (after 180 days time frame).
Is the exisitng I-485 still valid?
Once got married, I can take my wife here using h4 visa and apply her I-485.
After that I can start working using my existing EAD (using AC21 portability option).

Is it possible to do like this?
Please reply me if you have any suggestion.

They can revoke the approved I-129, but they cannot revoke your visa (if still valid). After you change employer, you can still use that visa for returning to U.S.
 
Top