Please Help

kirangundurao

Registered Users (C)
Hi,

I am planning to get my wife on H4 and once she is in US, I am planning to get her H1 through a consultant. After she gets her H1, if she doesnt find a project will that affect my Green Card Processing?

Please help me in this regard

thanks
 
kirangundurao said:
Hi,

I am planning to get my wife on H4 and once she is in US, I am planning to get her H1 through a consultant. After she gets her H1, if she doesnt find a project will that affect my Green Card Processing?

Please help me in this regard

thanks

No, it does not affect your I-485.
 
Thanks for the reply TheRealCanadian.

Can anyone please give me the details about how it might affect hers? If I get my green Card, I can add her as my spouse right? In this case will it be difficult to add her as my spouse ?

Thanks
 
kirangundurao said:
Thanks for the reply TheRealCanadian.

Can anyone please give me the details about how it might affect hers? If I get my green Card, I can add her as my spouse right? In this case will it be difficult to add her as my spouse ?

Thanks

Not sure what's your plan or idea. Once she is in USA on H4 you are going to file her I-485 immediately, right? Now, after filing I-485 - either she can continue in H4 without working, OR she can work using her EAD card, OR she can convert her H4 to H1. After she files her I-485 this kind of status change is not going to affect your I-485 or her I-485.
 
My Plan

Pralay,

This is what i am planning to do.

I am getting married in MAY 2005. Currently i am on H1B status. I will get my wife on H4 visa.
Once she is in US, I will file for her H1B through a consultant and if she finds a project she will start working.
At the same time, I will ask my employer to file for my Green Card.
The question that I had was, If she doesnt find a project, although the consultant holds her H1, she might not get her paycheck when she is on bench.
Does this affect my green card processing? If yes, then in what way?. If I have maintained my status and if I file for I485, although she didnt receive her paychecks when she was on H1, will that affect in getting my I-485?.
Should I need to file 2 separate I-485's since she is in H1? When i file for my I-485 and gets approved, does her status gets changed automatically or should I need to apply I-485 for her also?

Please let me know about these questions.

thanks
 
Other option: Just bring her on her h4 visa and apply for 485 for yourself (primary) & her. Then get her EAD in order to work for any employer. If she is on the bench at her employer using her EAD, it won't affect her GC processing and your GC processing since you are primary applicant if you work for employer separately (from your wife's another company).
 
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