Need some advice

[srini_74]

I am on my H-1B visa and my AOS is in process (have EAD, AP, and 485 is pending). My H-1B expires in Sep. 2004, and my company will file for an extension. I got my pass port stamped when I went to India last time.

Now my marriage is fixed and my fiancée is on F-1 (studying in USA with a valid F-1 visa). We are planning our date of marriage. I would like to add her application to mine once we return.
(1) Does she need to get a H-4 visa before she comes back to US?
(2) Are there any restrictions on converting from F-1 to H-4 visa with in US? Any idea of how long it takes?
(3) Can I and her come back on our individual visas and she can then convert from F-1 to H-4 with in US and then I can join her AOS application with mine. Can I do this?
(4) Will I have enough time for option 3 ? (My ND for 485 is 04/2003 in California Center)

Can some body advise me?

Thanks
srini

 

[jaxen2]

1. It is advisable to get on H4 before applying for I485
2. No restrictions. Takes 3 to 6 months. After marriage it should not take more than 1 month in a US consulate for a F1 holder to get a H4 stamp (YMMV)
3. Yes, advisable!!
4. Once you are married before your I485 approval, your spouse's entry into US on F1 and filing of 485 (can skip H4 too) and I765/I131 can seal the deal.