Need to File I 485. Spouse and Kid in India. Guru's please help

S

sp_pisipati

New Member
Hello Everyone,

My Perm Labor is approved and my employer plans to file I 140 and I 485 concurrently in July as the VISA dates are current. My wife and Kid are in India and my wife's H1 has been filed by another company and she intends to come here along with the kid in Oct after the stamping.

I had the following questions in confusion. Can senior members and Guru's take a look at these and suggest me..

* Without my Wife and Kid being present in the US before October, will I still be able to file I 140 & I 485 in July assuming that the Visa dates will retrogress in August

* If I can file the I 485 alone in July, when would be last stage or date by which I will be able to add my Wife and Kid to my I 485 petition so that we all get processed at the same time.

* Assuming that I file I 140 & I 485 in July before it retrogresses, Will I be able to add my wife / kid later even if the Visa dates retrogress or do the VISA dates have to be current when adding dependants also.

* Should I bring my wife and Kid on dependant VISA prior to October(Hopefully in Aug, assuming that the VISA dates will remian current in August too) to complete I 485 formalities..

* If I bring my wife, on dependant for filing I 485, after filing will she be able to go back to India and get her H1 stamped and then comeback on H1B. She needs to do this as she is working for an Indian company who filed her H1 B.

Members, please give me ur valuable suggestions..

SP.
 
As I know,

sp_pisipati said:
Hello Everyone,

My Perm Labor is approved and my employer plans to file I 140 and I 485 concurrently in July as the VISA dates are current. My wife and Kid are in India and my wife's H1 has been filed by another company and she intends to come here along with the kid in Oct after the stamping.

I had the following questions in confusion. Can senior members and Guru's take a look at these and suggest me..

* Without my Wife and Kid being present in the US before October, will I still be able to file I 140 & I 485 in July assuming that the Visa dates will retrogress in August

-- Your Wife and kids must be present in USA at the time of filing I-485.

* If I can file the I 485 alone in July, when would be last stage or date by which I will be able to add my Wife and Kid to my I 485 petition so that we all get processed at the same time.

-- Before your GC approval. Very risky option to pursue and If I were you, will not do this. After their return, if dates are retrogressed, you can't even file their 485. Some people say, keep postpone the FP notices to avoid GC approval.

* Assuming that I file I 140 & I 485 in July before it retrogresses, Will I be able to add my wife / kid later even if the Visa dates retrogress or do the VISA dates have to be current when adding dependants also.

-- Yes, any I-485 can be filed only when the window is open.

* Should I bring my wife and Kid on dependant VISA prior to October(Hopefully in Aug, assuming that the VISA dates will remian current in August too) to complete I 485 formalities..

-- This you know it for sure by 15th July. You can ready with every thing (fill in forms, all documents are ready) and if the dates are retrogressed in August bulletin, they fly here immediately after 15th July and will file before 30th July.

* If I bring my wife, on dependant for filing I 485, after filing will she be able to go back to India and get her H1 stamped and then comeback on H1B. She needs to do this as she is working for an Indian company who filed her H1 B.

-- One should not travel after applying I-485 and before obtaining the receipt. After that, if one is having valid Visas they can travel as usual. I heard one should not stay long durations (3 to 4 months would be ok) outside while I-485 is pending.

Your wife can apply for EAD along with I-485 and with that EAD she can work. No more need of having H1-B. If you are thinking of travel for obtaining H1-B, you can happily avoid it.

Members, please give me ur valuable suggestions..

SP.
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