Question on Applying for 485 for my wife

H

hellome

Registered Users (C)
Hi folks,
I am currently on H1 visa. And am filing for 1485 and 140 with labor substitution. My wife who is on H4 visa is in India for 3 months and will be returning in Feb.

1) Can I file 485 for my wife along with my 140/485 now (even though she is in India)
2) If I cannot file for my wife at this time, can I go ahead and file my 140/485 now and file for her once she is back in US. Can there be some complications if I file her 485 after my 485 has reached a certain status within next 3 months. (eg I get a call for finger printing or I get EAD).

Any suggestions will be really appreciated.
Thanks
 
hellome said:
1) Can I file 485 for my wife along with my 140/485 now (even though she is in India)
Click to expand...

No.

2) If I cannot file for my wife at this time, can I go ahead and file my 140/485 now and file for her once she is back in US. Can there be some complications if I file her 485 after my 485 has reached a certain status within next 3 months.
Click to expand...

You should be fine.
 
Another question

Thanks a lot , it is really appreciated

However I have another questionn , though I am not sure if it should be in this forum, but I didn't get any response on the H1 forum. Could someone help me with this

I have recently changed my employer who has filed for H1 transfer.My visa from earlier employer was valid till Apr 2005 and so was the 194. I have just recevied receipt for H1. I need to travel to India in jan. Most probably my I797 with new company would not come by then. Can I still travel to India on my old visa.
Also my wife is in India at this time. She is on H4 visa and went with the I797 from my previous employer. Can she come back on the same 1797.

Thanks
 
hellome said:
T
I have recently changed my employer who has filed for H1 transfer.My visa from earlier employer was valid till Apr 2005 and so was the 194. I have just recevied receipt for H1. I need to travel to India in jan. Most probably my I797 with new company would not come by then. Can I still travel to India on my old visa.
Also my wife is in India at this time. She is on H4 visa and went with the I797 from my previous employer. Can she come back on the same 1797.

Thanks
Click to expand...

If visa stamp (even if that has previous employer's name) is still valid, you can use it for re-entry. Same applies for your wife too.
 
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