query related to i485

A

aparna.n

New Member
hi ,
I am from india and have never been to US. My (yet to be)husband is in US and has filled in his i485. we are planning to get married by jan/feb 2008. Is it possible for him to take me to the US. if so what kind of visa shud i possess?kindly help me out
 
If he is still maintaining H1B (or) any other work visa you can come here in H4 visa / any dependent visa for that category.
 
The very important thing is that the marriage should take place before your husband's I-485 approval. If your husband's approval comes before the marriage, it will take years (or decades?) for you to enter USA.
 
Is H1B validity related to the i485 approval? i mean if my husband gets his i485 approved even then will his H1B be valid? And one more thing if he gets his i485 approved before marriage and if i go in F1 visa and pursue higher studies in US can i get my green card process done there?
 
I-485 is change of status, from temporary status (H1-B, H4,..) to permanent status (So called GC). I am almost certain that approval of 485 voids H1B.

If the marriage happens afters I-485 approval, you have no options..no F1, no B1, B2 ..nothing in deed. You have H1-B option but that became like winning a lottery.

In F1, you must declare that you have no intentions of migrating to USA which contradicts the fact you married a permanent resident of USA. If you say yes, you will not be issued F1. If you say no, that falls under misrepresentation/fraud. In essence, thats not an option.
 
It all depends on your husband's priority date. If this is recent, then relax, your plan will work out. Otherwise, the risk of getting I-485 approval looms round the corner.

Please make sure your husband maintains the H-1B status till your marriage (at least). This is necessary for you to obtain the H-4 to enter U.S. and initiate the I-485.
 
Hi,
My would be's HIB is valid for five years from now. Is it mandatory to use EAD after having filed i485? And also ,once the i485 is approved, does H1B becomes invalid immediately ?
 
aparna.n said:
Hi,
My would be's HIB is valid for five years from now. Is it mandatory to use EAD after having filed i485? And also ,once the i485 is approved, does H1B becomes invalid immediately ?
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its not mandatory to use EAD if his H1 is still valid. he can (& in this case MUST) maintain his H1 to allow him to bring you here on an H4. He should not use his EAD until your I-485 is also filed (which can only happen when his priority date becomes current again). Depending on his priority date it might be many years before he can file your I-485. Until then you can stay in the US on H4. If you want to be able to work, you need to file for an H1 for yourself.

approval of i485 will immediately invalidate H1 (& the associated H4)
 
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