Hi All,
I would be very happy if somebody can answer my concern. Thanks a lot in advance:
1. It seems that as long as I get married before i-485 approval, I can include my wife’s name in my GC application. Am I right to say that there will be two approaches to get my wife on board: First way is to Get her in USA on H-4 and apply for adjustment of status (easiest way). Now if she does not get H-4 then we talk about second way. Second way may be to do “Follow to Join”. In that case my wife will be back home. Once my approval comes through, INS will notify the consulate back home and they will contact my wife. This process should not take more than 6 months after my approval. Am I right to assume this?
2. I can apply for EAD and AP and travel to home using the AP and come back. I guess the INS rules is even though I have EAD (as long as I have not used it to end up in a second job) that does not mean that I have lost my H-1 status. In that case, I can go home on AP, get married and come back without any trouble. My wife can still apply for an H-4 as I have not used my EAD. I am considerd to be still on H-1. Am I right to assume this also?
Wondering why I am asking such weird question: becasue i am on a H-1 but my passport has not been stamped. I dont want to take chance of going home and wait 3 months to get my passport stamped. My lawyer is saying that once I apply for EAD i am no longer in H-1 and if i get married after my EAD and AP, my wife can not apply for H-4 even though I have not used EAD.
Muntasir
I would be very happy if somebody can answer my concern. Thanks a lot in advance:
1. It seems that as long as I get married before i-485 approval, I can include my wife’s name in my GC application. Am I right to say that there will be two approaches to get my wife on board: First way is to Get her in USA on H-4 and apply for adjustment of status (easiest way). Now if she does not get H-4 then we talk about second way. Second way may be to do “Follow to Join”. In that case my wife will be back home. Once my approval comes through, INS will notify the consulate back home and they will contact my wife. This process should not take more than 6 months after my approval. Am I right to assume this?
2. I can apply for EAD and AP and travel to home using the AP and come back. I guess the INS rules is even though I have EAD (as long as I have not used it to end up in a second job) that does not mean that I have lost my H-1 status. In that case, I can go home on AP, get married and come back without any trouble. My wife can still apply for an H-4 as I have not used my EAD. I am considerd to be still on H-1. Am I right to assume this also?
Wondering why I am asking such weird question: becasue i am on a H-1 but my passport has not been stamped. I dont want to take chance of going home and wait 3 months to get my passport stamped. My lawyer is saying that once I apply for EAD i am no longer in H-1 and if i get married after my EAD and AP, my wife can not apply for H-4 even though I have not used EAD.
Muntasir