SweatyPalm
Registered Users (C)
pralay said:
OMG....are you serious?? I need to have a valid H1 stamp (not only the valid H1 petition)? I think many ppl do not have valid H1 stamps, they have APs for traveling purpose. Could you please confirm this?
URGENT: How to delay my I-485? Need Help
- Thread starter SweatyPalm
- Start date
OMG....are you serious?? I need to have a valid H1 stamp (not only the valid H1 petition)? I think many ppl do not have valid H1 stamps, they have APs for traveling purpose. Could you please confirm this?
SweatyPalm
Registered Users (C)
pralay said:
Pralay, this is exactly what I wanted to hear. How did your friend reschedule his FP? by calling USCIS or fill out the notice and send it back to USCIS? I don't get to choose the next FP date? On the notice of action, I'm only allowed to check "next available Wednesday afternoon" or "next available Saturday afternoon". Perhaps I should call USCIS to reschedule?
140_takes_4ever
Registered Users (C)
SweatyPlam,
Now that you have clarified your priorities, the decision making should be very simple. File for postponement of the Fingerprinting date, it is not impossible, and neither will INS penalize you for it. The main reason why people hate to mess with this is because it delays their green card. You on the other hand, want to delay your green card, so go ahead and follow the instructions on your FP notice. I would also advise you to wait another week before filing for postponement, which will give you additional time for reschedulement of your FP. Make sure you can get married and that your wife can apply for a H4 on the basis of your valid H1 approval notice. Also that you can bring her to the US in the next month or two. It takes atleast 4-8 weeks after FP to get approval, which will give you ample time to file for follow-to-join.
Now having said all that, in case you cannot apply for her H4 on the basis of your h1 approval notice, here is some advice you should not be getting: There are numerous companies in the US which will sponsor your fiancee/wife for her H1 on the payment of some sum of money. It would be possible for you to use their services to apply for a H1 on her behalf and have her come to the US on the basis of that H1, independent of your status.
Once in the US, you can register your marriage here, and file for her Green Card on the same company, or if as you say she has an impressive work history and can get a job on her own, change jobs by H1 transfer and file for a green card with that company. In the interiem, you get your GC, work very hard on Project Ocearn to get credit for the time you have spent waiting for your green card, (this will enable you to get your citizenship faster), after which you are all home free.
Offcourse getting her on a H1 for a job that doesn't exist is illegal, and you should be aware of the penalties. But a number of people do it all the time, and if you speak to some friends you will personally come across people who have done so in the past.
Now that you have clarified your priorities, the decision making should be very simple. File for postponement of the Fingerprinting date, it is not impossible, and neither will INS penalize you for it. The main reason why people hate to mess with this is because it delays their green card. You on the other hand, want to delay your green card, so go ahead and follow the instructions on your FP notice. I would also advise you to wait another week before filing for postponement, which will give you additional time for reschedulement of your FP. Make sure you can get married and that your wife can apply for a H4 on the basis of your valid H1 approval notice. Also that you can bring her to the US in the next month or two. It takes atleast 4-8 weeks after FP to get approval, which will give you ample time to file for follow-to-join.
Now having said all that, in case you cannot apply for her H4 on the basis of your h1 approval notice, here is some advice you should not be getting: There are numerous companies in the US which will sponsor your fiancee/wife for her H1 on the payment of some sum of money. It would be possible for you to use their services to apply for a H1 on her behalf and have her come to the US on the basis of that H1, independent of your status.
Once in the US, you can register your marriage here, and file for her Green Card on the same company, or if as you say she has an impressive work history and can get a job on her own, change jobs by H1 transfer and file for a green card with that company. In the interiem, you get your GC, work very hard on Project Ocearn to get credit for the time you have spent waiting for your green card, (this will enable you to get your citizenship faster), after which you are all home free.
Offcourse getting her on a H1 for a job that doesn't exist is illegal, and you should be aware of the penalties. But a number of people do it all the time, and if you speak to some friends you will personally come across people who have done so in the past.
sb_desi_gc
Registered Users (C)
SweatyPalm said:
I have postponed my FP notice for similar reasons and with no problem whatsoever. My GC is now approved as well.
Also, your wife has to be physically present in US to file the paperwork for I-485.
SweatyPalm said:
From the knowledge I have. AP does not come to picture at all. The issue is about getting H4 visa stamp for your to-be-wife. If your wife did not need H4 visa stamp, your AP is good enough for your (not wife) re-entry without a valid H1 visa stamp. However, in your case, your wife needs a H4 visa stamp to enter USA. But she is not eligible for H4 visa stamp, if the primary H1 visa holder does not have a valid H1 visa stamp.
Basically after getting married, you can comeback to USA with your AP. BUT, when you apply for her H4 visa, you need to renew your H1 visa stamp too - together. Without your visa stamp renewal, she cannot get her H4.
You can renew your H1 visa stamp from Washinton DC too. But I think State Dept stopped visa renewal from Washington DC. Check State Dept website.
Last edited by a moderator:
140_takes_4ever
Registered Users (C)
AP does come with a picture usually. But do search around and check if a valid H1 stamp is required for H4 stamping. And yes State Dept. has stopped validation in St. Louis, besides it takes 4 months for it to go through.
SweatyPalm,
How are you so sure of getting your AP by the end of this month? Why don't you try for emergency AP?
SweatyPalm,
How are you so sure of getting your AP by the end of this month? Why don't you try for emergency AP?
lawaiter02
Registered Users (C)
Follow-to-join
Another option is to use the follow-to-join procedures:
http://uscis.gov/graphics/howdoi/appproc.htm#Following
To avail of this you need to be married before the 485 is approved
Essentially, once your 485 is approved, you can petition (I-824) so that the consulate in Malaysia/Taiwan can issue the Green Card to your spouse. Note that this is probably a 12-18 month affair where your spouse will have to wait in her home country.
The probable advantages of this are that you do not need to risk delays in getting a H1 Stamp (assuming you have AP) as well as the uncertainities with postponing your finger printing.
Note that I would still not have the marriage date set after the fingerprinting.
Good luck and congratulations on finding the right one
Another option is to use the follow-to-join procedures:
http://uscis.gov/graphics/howdoi/appproc.htm#Following
To avail of this you need to be married before the 485 is approved
Essentially, once your 485 is approved, you can petition (I-824) so that the consulate in Malaysia/Taiwan can issue the Green Card to your spouse. Note that this is probably a 12-18 month affair where your spouse will have to wait in her home country.
The probable advantages of this are that you do not need to risk delays in getting a H1 Stamp (assuming you have AP) as well as the uncertainities with postponing your finger printing.
Note that I would still not have the marriage date set after the fingerprinting.
Good luck and congratulations on finding the right one
wac-02-068
Registered Users (C)
Postponed FP Should Not Bring Any Problem!
Chapter 1
I did my 1st FP 3 weeks later than the scheduled date (at a location different from the assigned). And no problem has seemed to occur due to this delay, I am approved already.
At that time I broke my finger. No re-schedule had been done prior taking FP. I was told by the officer, to whom I tried to take FP on schedule with brooken finger, that it is fine to take FP within 3 months of the scheduled date.
Chapter 2
I understand and am so glad for you for your priority, which I otherwise would have strongly recommended. But I still don't think I should skip telling you a story:
3+ years back, a guy submitted his I-485; quickly got married and brought his wife to the US; (these were done in less than 3 months); prepared paperwork for wife's I-485; AND YOU KNOW WHAT? unfortunately his GC got approved at this point!
Now the wife has to work hard to keep her independent status for 5 years until the guy gets citizenship. And they have to delay their original schedule on having babies.
This couple are very close friends of mine. When we were struggling for our GC, they were suffering for this situation. Now we are out, and they still have 1+ year to go.
Chapter 3
恭喜 SweatyPalm, a bridegroom soon to be. And good luck on everything!
Chapter 1
I did my 1st FP 3 weeks later than the scheduled date (at a location different from the assigned). And no problem has seemed to occur due to this delay, I am approved already.
At that time I broke my finger. No re-schedule had been done prior taking FP. I was told by the officer, to whom I tried to take FP on schedule with brooken finger, that it is fine to take FP within 3 months of the scheduled date.
Chapter 2
I understand and am so glad for you for your priority, which I otherwise would have strongly recommended. But I still don't think I should skip telling you a story:
3+ years back, a guy submitted his I-485; quickly got married and brought his wife to the US; (these were done in less than 3 months); prepared paperwork for wife's I-485; AND YOU KNOW WHAT? unfortunately his GC got approved at this point!
Now the wife has to work hard to keep her independent status for 5 years until the guy gets citizenship. And they have to delay their original schedule on having babies.
This couple are very close friends of mine. When we were struggling for our GC, they were suffering for this situation. Now we are out, and they still have 1+ year to go.
Chapter 3
恭喜 SweatyPalm, a bridegroom soon to be. And good luck on everything!
140_takes_4ever
Registered Users (C)
NO! You need your wife to be present in the US before approval and you have to file for her 485 too.
SweatyPalm
Registered Users (C)
sb_desi_gc said:
sb_desi_gc, congratulations! How long did you postpone your FP? Did you get to choose a date or you just mailed the original notice of action to the USCIS and wait for their response?
SweatyPalm
Registered Users (C)
badobo said:
Oh....what a relief. It doesn't make sense to me if they insist to see a valid H1 stamp when the H1 visa petition is present.
SweatyPalm said:
SweatyPalm,
I myself got married in I-485 stage. Whatever info I shared in earlier posts all gathered when I was working on the same issue you have now. Now it's possible some of the info could be correct and some are not. I would recommand you to talk to a good attorney and gather solid info from various immigration site. It's better to be prepared than being sorry.
Regarding H4 visa. Talk to attorney and if possible try to contact with the consulate where she will be applying for her H4. They are the best persons to say what she needs for her H4.
SweatyPalm
Registered Users (C)
pralay said:
Hi Pralay,
I just checked with my immigration attorney, she wasn't sure if a valid H1 visa stamp is needed. My soon-to-be wife will check with the American Institute in Taiwan. I deeply appreciate all your good advises. You guys know more than my attorney.....she has no clue.