please help

M

mhaque

Registered Users (C)
Hi all
My GC has just been approved on Sep 16. I found out from automated phone service. Hoping to receive the approval notice next week. I never applied EAD since my H1 is still valid till 7/31/04. I have used AP to go home once.
Now after I receive the I485 approval notice can I delay the PP stamping and go home outside USA, get married and apply for H4 visa for my wife. will she given the H4? Then could we come back together, me on AP and she on H4? My AP is also valid untill next summer. Could you guys give me some advice please. Thanks in advance.
 
congrats!
Interesting post. Since you have not been stamped yet , technically you are still a visa holder and have a valid I94. I think you can get married and get your wife on a H4. However I would get legal advice on this.
 
Originally posted by sai-2367
congrats!
Interesting post. Since you have not been stamped yet , technically you are still a visa holder and have a valid I94. I think you can get married and get your wife on a H4. However I would get legal advice on this.
Click to expand...

Interesting...Sai-2367. Isn't that implied that once your 485 is approved, your H1B is invalid? If not, when it becomes invalid? Is there any thread/site talks about this scenario? And note that he used AP last time when he got in the country.

As you said, he should definetly talk to an immigration attorney before making the final decision.
 
If a person has used his/her AP to travel outside US isn't the person's H1 gets invalid ?

Technically H1B = EAD + AP isn't it ?
 
you have to use h-1 while entering into the us

and your wife h-4...

but your wife can't get gc as a dependent( follow to join) , because your case is already approved. but you can apply based on other criteria..


this is all trial and error stuff.. you apply for h-4 at embassy , if she get it you both are lucky..
 
Originally posted by pingpong02
If a person has used his/her AP to travel outside US isn't the person's H1 gets invalid ?

Technically H1B = EAD + AP isn't it ?
Click to expand...

No, H1B doesn't become invalid after using AP.

mhaque,
you cannot use your H1B to get H4 for your wife after I-485 approval.

Please consult an attorney for this issue.
 
You become a permanent resident on the date your I-485 gets approved. You can see the same when you get your PR card. You cannot ask for a H4 visa for your spouse after you become a LPR.

Visiting USICS office with I485 approval letter is for:
1. Processing of the actual LPR Card.
2. Stamping on your passport so that you can travel outside US and enter without a Visa.
 
If you are lucky you can give it a shot by getting your wife on a H4 but once she gets here going back to India will be impossible as you will have re-entry problems. But I think it is very unlikely it happening and would say it is better you do not do it, as it may also reflect during citizenship application.
But there is one solution you can do , either you can start a company as you have GC now or get some known person to sponsor for her H1. Do not tell the INS she is married , do not get her passport changed to Married status, do not register your marriage in the registars office in India.
Get her here on a H1 now you have 6 years with multiple entry and exit possibility, hopefully by then you can get your citizenship. Get legally married after that and then submit the certificate and she will get a GC.
You can get legally married after she get here to US even when you have a GC but I am not sure what her status will be.
But you need to talk to a good lawyer and need to act fast. As the H1 cap is reducing to 65,000 from Oct 1.
Hope this helps,

Regards,
 
U waited all this while to ask this question? Man......... You shud have got this doubt cleared long time ago......

Anyway ....Once ur 485 is approved , your H-1 is invalid.....atleast thats what most people in this forum have heard and said....... and if thats true then u have a problem in getting ur wife to the US ....

But u need to confirm this with a good lawyer or anyone who has tried to use his/her H-1 to obtain an H-4 visa after his/her 485 has been approved.

Hope things work out well for u...... consult a good lawyer and clear ur doubts immedidately and find out whats ur best option to get ur wife here....

Dont wait for these things ...man
 
Your H1 status is no longer valid since BCIS approved your case.Since you used your AP,you are considered as parolee and you can not claim H4 status for your wife.She is not even eligible for filing "follow to join" since you guys haven't got wedded before BCIS approved your case.

Good Luck.
 
Two things!

1)Being approved
2)Accepting approval

A green card holder is one who accepts the approval.

Technically, the stamp (I-551) in your passport and your surrendering the I-94, AP, EAD to the authorities is what makes you accept a green card .

Some people have gone to the stamping office and for some reason not been stamped that day. What if they need to travel internationally the next day due to a urgency ??
 
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Originally posted by sai-2367

Technically, the stamp (I-551) in your passport and your surrendering the I-94, AP, EAD to the authorities is what makes you accept a green card .

Some people have gone to the stamping office and for some reason not been approved that day. What if they need to travel internationally the next day due to a urgency ?? [/B]
Click to expand...

Two things!

1)Being approved
2)Accepting approval

A green card holder is one who accepts the approval.
-Agreed.

Some people have gone to the stamping office and for some reason not been approved that day. What if they need to travel internationally the next day due to a urgency ??
-I guess, they have to use AP for that and most of the local BCIS offices issue the AP for a short period of time on the same day.

My theories...
Raj
 
I know someone personally who was in India for his marriage when his GC got approved. His lawyer let him know about the approval while he was back in India. Brought his wife on H4 and entered himself on H1B. Applied I-485 for his wife and after receiving I-485 receipt for his wife, he went for his PP stamping. One thing to note that his marriage date was before the GC approval date.
 
its too late

unless you can somehow show that you were married before the aproval that too seems difficult. But as others said either get her here on H1 and marry her or check with a immi attorney to see what options you still have.
 
I agree with people here. Merely using AP does not invalidate your H-1 but using EAD does. You can use AP alone but if you opt to use EAD you will have to use AP.

Now coming to your case...your status is technically not pending so yes it is risky to use H-1 and bring your wife on H-4....can jeopardize your GC altogether. As it shows your intention to not being a permanent resident.
 
The reason I asked you to consult a lawyer is because if BCIS has an automatic tracking system, it will mark your visa entry in the database so that you cannot use it for sponsoring someone. (Maybe be too much to ask from BCIS database ).

However you can always use the plea that you were not aware of the approval. You were traveling when your GC was approved.

I agree, if the marriage date was prior to the approval date, that might be better. You know how to care of that. Don't you.
 
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