Question on using AC21 and bringing spouse on H4 to US

A

ac21_gc_seeker

New Member
I have used AC21 and informed USCIS about the change of employer. I am going to get married next year.

I switched employers when my I-485 had been pending for more than 1 year and my I-140 had already been approved.

Since I am not working with the original employer who filed my I-485 will it create any issues in filing the dependant's I-485 .

In case if I want to change the employer after getting married considering my spouse has made it to US and I have not yet filed her i-485 then do I need to make sure that I get a new H1 transfer with the new employer (so she can be on H4 ) or can I just continue to work on EAD and file an EAD for her after making the 2nd switch?


Thank You,
ac21_gc_seeker
 
ac21_gc_seeker said:
I have used AC21 and informed USCIS about the change of employer. I am going to get married next year.

I switched employers when my I-485 had been pending for more than 1 year and my I-140 had already been approved.

Since I am not working with the original employer who filed my I-485 will it create any issues in filing the dependant's I-485 .

--> No, no problems for dependants.

In case if I want to change the employer after getting married considering my spouse has made it to US and I have not yet filed her i-485 then do I need to make sure that I get a new H1 transfer with the new employer (so she can be on H4 ) or can I just continue to work on EAD and file an EAD for her after making the 2nd switch?

--> The only way your spouse gets here is through H4. You need to make sure that you have H1, so that your spouse can get H4. After she get here and you file her 485/EAD/AP, than only you should think of working on EAD.


Thank You,
ac21_gc_seeker
Click to expand...
 
ac21_gc_seeker said:
I have used AC21 and informed USCIS about the change of employer. I am going to get married next year.

I switched employers when my I-485 had been pending for more than 1 year and my I-140 had already been approved.

Thank You,
ac21_gc_seeker
Click to expand...

Now, your 485 has been pending for more than a year ? you should plan on gettnng married AS SOON AS POSSIBLE because if the CIS approve your 485 and you are not married yet, you are screwed ! you don't know when they are gonna approve it so you gotta be ready...
 
Hello,
I'm pretty much in the same situation. Except I just got married.

My 485 application is still pending (ND : Nov 2003) and I have completed my fingerprinting on Sep 25, 2004. I'm still working in my H1, but I have an approved EAD/AP.

I got married on Dec 13, 2004. My wife has B1 visa till May 19, 2005.
Now I have to wait for 2 months to get an interview date in Chennai consulate for H4 stamping. Since the processing dates are erratic I'm scared that my application will be approved before I can include my spouse in my 485 AOS.

What are my options for adding her name rightaway ??

I spoke to a immigration lawyer and he said I need to amend my 485 application with my wife's name ASAP. I dont really know what this means....

Other said I need to file for 824 with my wife's name on it and use Follow to Join (Consular process) option.

Gurus help me out, I'm really loosing my sleep over this :(
 
Yes, as soon as she gets her H4, she needs to come to US and file her 485 requesting that her file be attached to yours. If your AOS get approved before she gets here, than she will have no option but to do "Follow-To-Join" at your home consulate. Your lawyer is absolutely right.
 
Thanks jilag.

Now whats the procedure for Follow to Join. Right now, she is not included in any of my applications. What are the necessary steps I need to do for Follow to Join.

I was trying to search in the forum, but most of them just say after the 485 gets approved, apply for 824. But I havent included my wife's name in my 485 application so far. So how would I let know INS that I got married and I need to file FTJ for my spouse??

Thanks a lot for your answers...
 
I really don't know much about FTJ. I just know you do it when you get married before your AOS approval and your spouse is outside the country. Maybe somebody else can detail it for you.
 
Inrisk said:
Thanks jilag.

Now whats the procedure for Follow to Join. Right now, she is not included in any of my applications. What are the necessary steps I need to do for Follow to Join.

I was trying to search in the forum, but most of them just say after the 485 gets approved, apply for 824. But I havent included my wife's name in my 485 application so far. So how would I let know INS that I got married and I need to file FTJ for my spouse??

Thanks a lot for your answers...
Click to expand...

Inrisk
You can add your wife to your I-485 app if she is already in US with B1 visa then i would add her to I485 app then get an EAD and won't worry about H4 visa
Check the below thread and look for Ginnu's reply

http://boards.immigration.com/showthread.php?t=154906
 
jilag,
I dont get the point, what about the time frame??

Thanks hmd, I really appreciate your help.
 
Inrisk said:
jilag,
I dont get the point, what about the time frame??

Thanks hmd, I really appreciate your help.
Click to expand...

Usually lawyers advise that if you enter US on a "non-immigrant" intent visa like student, visitor, etc. , you should not file for any immigration petition for a "certain" time period, in case USCIS alleges immigration fraud.
 
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