Visitor Visa to I-485

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cpgiri

Registered Users (C)
I am working in H1B visa, my wife and kids are in US under B1/B2 (visitor) visa. I am planning to apply for employment based I-485. Is it possible to apply I-485 for my family without changing their visa from B1/B2 to H4? If yes, what will happen to I-94 which will expire in 4 months time?
 
Immigration Intent

I think you are likely to have a problem here visitor visas are issued on a non immigrant intent basis. I think you would need to get a H4 first. H4 is a duel intent visa.
 
BCIS will consider this as fraud. So it is advisable to convert to H4 status before applying for I-485. Even if you apply I-485 from B status, I-94 validity doesn't matter since one can stay in US until a decision has been made on their AOS application.
 
Thanks a lot.

Is it O. K. to apply for change of status from visitor visa to H4 from US? OR do they need to go to Canada/Mexico or homecountry to change the status?

If we could apply from US, can we submit I-485 after receiving the receipt notice? or do we need to wait until we receive the H4 approval.

Thank you for your help.
 
I am working here in US under H1 visa since last year. Before that I was having J1 visa. Recently, I applied for I-140 under extraordinary category and got approved in 4 months.

My wife and kids have 10 years multiple entry visa which they used several times in past few years. Until recently, they used to visit me every now and then. Last week, they came here, once again usinig the same visitor visa.

Any suggestions??
 
Get a Lawyer !!

Theoretically you can file I-485, and they can apply for work permits, AP etc. But still, never heard of B1 filing for 485.
 
My friend's mother in law applied for I-485 recenlty, she is on Visitor visa (not B1). Since she has come and gone several times and If she can prove her intent was business purposes, you have a chance here. Again this depends greatly on the smartness of your attorney, there are several clauses which we are not aware.
 
Why don't you just go for consular processing. This will be faster and probably safer approach for you and your family.
 
Guys, there's a lot of misinformation going on here.

First, you can file I-485 in B status. My wife was in B-2 status when she filed her I-485 and there was no issue. However, if you file an I-485 very soon after the entrance in B status then BCIS will legimiately consider the B entrance fraudulent. Generally speaking, immigrant intent actions less than 60 days after admission are perceived by BCIS in a way that the onus is on YOU to prove that the original entrance wasn't fraudulent.

You probably want to file an I-539 for the wife and kids requesting a change of status to H-4. This will set you back $110 or so. Once this has been received by BCIS, file the I-485.

No need for consular processing. CP can be risky for your family if you lose the H-1 job for any reason.
 
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