only "I-485 pending status", what visa my son can come here then file I-485? Help!!!

M

ming zhang

Registered Users (C)
Hi all,

I used F-1 visa to file I-140 (NIW EB2) and got approved. In April of 2002, I filed I-485 and my status was immediately switched to "I-485 pending", no longer F-1. I work in the past two years using my EAD card and keep this "I-485 pending status" till now.

My I-485 (Texas center) will be completed in several months. However, my son (7 years old) is now in China and I want to bring him here as soon as possible.

I do not want to do the general "follow-to-join" procedure for my son to immigrate here because this will take around 2 years (i.e. my I-485 approved, file I-824, wait for 1 to 2 years, my son go to consulate abroad for interview...).

Can I use my "I-485 pending status" to bring my son here via B2 visa? After he arrives here, immeidately file his I-485 (this should be done before my I-485 is approved). Then my son can stay here with me until his I-485 is approved. Is this practical?

Please help with your opinions!!! Thank you very much!!!
 
The problem is will he get B2 visa? You can try it. But usually they refuse for the kids. There is no easy way out.

I know a case who has similar issues. But in that boy's uncle family was vesting Canada. They came brought him to Canada. In Canada they took tourist visa again to US and brought the kid here. After 4 months they applied for AOS.
 
This is kind of painful if the family member is not included in the I-485 application. One of my friends wife had to wait almost 4 years. Try for visitor visa but they will give I94 only for 6 months and can be extended for anoter one or two times.
 
At this point, it is tough to get any non immigration visa for him because those visas are not dual intended visas. H-1B and L-1 visas are good candidates. For you, once you used EAD, you may not be able to go back to H-1B. But is your spouse having a H-1B visa or able to get a H-1B visa? You can sure try B2 if others are not possible for you at this moment. It is better for you to bring him here before your 485 is approved, otherwise it's going to be a even longer and more painful process for the family reunion.
 
Both my wife and I use EAD, can either one apply for H-1B? Help!!!

Hi all,

Both my wife and I are now using EAD from our "I-485 pending status" (I switched from F-1 and my wife switched from F-2 to this "I-485 pending status"). My employer can help me to get a H-1B visa if I want. But, if I do so, will my "I-485 pending status" be swithced to H-1B? If it is, my green card will be gone. Am I right? Please help with your opinion? Thanks!
 
ming zhang said:
Hi all,

Both my wife and I are now using EAD from our "I-485 pending status" (I switched from F-1 and my wife switched from F-2 to this "I-485 pending status"). My employer can help me to get a H-1B visa if I want. But, if I do so, will my "I-485 pending status" be swithced to H-1B? If it is, my green card will be gone. Am I right? Please help with your opinion? Thanks!
Click to expand...

you can switch to H1 without affecting your I-485 status.
 
I-485 pending status and H-1B

Zhang Ming:

I-485 pending status and H-1B are not conflicted. You can be H-1B visa status while you are in I-485 pending status. I have EAD ( I-485) now but I also extended my H-1B.

The most important thing is your son will get H-4 with 100% success in China, but we are not sure for B2. I know most people in China were rejected for B2. My daughter got H-4 visa in Beijing. Please mail your H-1B approval notice, your company offer letter and your salary pay check to your son. Then let your parents bring him to embassy. If you have the pictures with your son and wife, also bring them when go to embassy.

Good luck to your family re-union!!!
 
ming zhang,

in my opinion, not to panic and change status whatever u are now. u mention since two years ur 485 is pending....... hope before end of this year you would get GC. once u get it immidiate file 824 follow to join. I know I know u expresed ur concern you don't want to wait..... who is asking for wait?
After filling 824 get receipt. and with Affidavit and immg form ur emply letter + tax returns (read deatail search 824 form req). send all doc to ur consulate wehre ur son is and request them to create case DO NOT wait for 824 approval. why I am saying because after creating case all they need the proof of ur GC so u also need to send copy of u+ur spouse GC card (copy both side). they would confirm that u do have Residency and hopefully (90%) they would issue immigration visa for ur son. and because this is minor re-join to family case...... they won't put u long in queue.... just keep sending requests.....to consulate..... and keep ur case live.

These all info I am writing here based on ppl shared in many thread. one of person in India also shared F-T-Join of his spouse in same what I wrote. if u like to read plz search Follow to join ..... and if I find the thread I will also update it...

Good Luck to u
 
1. To get H1B you need to wait until October unless you are working for cap exempted entites.
2. you need stamping at consulate may be Canada or China or Maxico. But you need to travle out side US.
 
re: tammy2

Not sure about the stamping requirement. Long time ago, I've had my status changed from B-1/B-2 to H-1B without leaving the country. When I had received the notice of approval for h1b, it contained a new I-94 with new status (h1b) and exp. date set to end of h1b. I was to surrender this one instead of my orgiginal one when leaving the country.

Please note, AFAIR the lawyer had to request it when filing H-1B.

ming zhang - please let me know if you need more info.
 
“I-485 pending only”, have to travel out U.S.A to get H-1B visa? Help with opinion!!!

Hi all,

I used F-1 visa to file I-140 (NIW EB2) and got approved. In April of 2002, I filed I-485 and my status was immediately switched to "I-485 pending", no longer F-1. I work in the past two years using my EAD card and keep this "I-485 pending status" till now.

My I-485 (Texas center) will be completed in several months. However, my son (7 years old) is now in China and I want to bring him here as soon as possible.

I do not want to do the general "follow-to-join" procedure for my son to immigrate here because this will take around 2 years (i.e. my I-485 approved, file I-824, wait for 1 to 2 years, my son go to consulate abroad for interview...).


Now my plan is to apply for H-1B visa for myself, then let my son apply for H-4 in China. After my son arrives here (hopefully my I-485 has not been processed), immediately let him file I-485. Then my son can stay here with me until his I-485 is approved.

My question is: Must I leave U.S.A first, then get H-1B stamped in a U.S. embassy or consulate abroad such as those in China?

Since my current status is “I-485 pending” and H-1B is a new VISA status for me, do I have to travel out of U.S.A?

Please help with your opinions!!! Thank you very much!!!
 
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