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<Help> EAD and I485 spouse addition

<Help> EAD and I485 spouse addition

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Old Feb 21st 2007, 8:41 pm
  #1  
Macjoubert
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Default <Help> EAD and I485 spouse addition

Hi all ,
I am in a bit of a pickle, married over 8 months ago, but couldn't add
my wife to my I485. As the dates aren't current this is proving to be
a major problem.(EB3)

Does anyone know if I can do something like this,
Currently on H1 B , continue on H1B until wife finds a job or F1 and
then I switch to EAD and wait for dates to be current then add her, as
opposed to remaining at the mercy of H1B and she on H4?

My 140 is approved so I can apply for 3 yr extensions on my H1B, but
the new company I wish to join is not too keen on renewing my H1B
after 3 years, they are only willing to do it for now.
Thanks
 
Old Feb 22nd 2007, 3:05 am
  #2  
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Joined: Jun 2001
Posts: 571
Manish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really niceManish is just really nice
Default Re: <Help> EAD and I485 spouse addition

Originally Posted by Macjoubert
Hi all ,
I am in a bit of a pickle, married over 8 months ago, but couldn't add
my wife to my I485. As the dates aren't current this is proving to be
a major problem.(EB3)

Does anyone know if I can do something like this,
Currently on H1 B , continue on H1B until wife finds a job or F1 and
then I switch to EAD and wait for dates to be current then add her, as
opposed to remaining at the mercy of H1B and she on H4?

My 140 is approved so I can apply for 3 yr extensions on my H1B, but
the new company I wish to join is not too keen on renewing my H1B
after 3 years, they are only willing to do it for now.
Thanks
1 remain on H1 status so that she can remain on H4 status till your PD becomes current and then she can file her dervative I-485
2 if you use EAD then you will invalidate H1 status and spouse cant be on H4 status
3 if she finds employer and eligible for H1 then employer can file H4 to H1 Change of status and she can work on H1 and should maintain H1 or H4 status to file I-485(when your PD becomes current) FYI many file H4 to H1 COS and then find no job and go out of status.
Manish is offline  
Old Feb 26th 2007, 9:08 pm
  #3  
Macjoubert
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Posts: n/a
Default Re: <Help> EAD and I485 spouse addition

Thanks for your response - I did speak to an immigration attorney on
this.


On Feb 21, 11:05 pm, Manish <[email protected]> wrote:
> > Hi all ,
> > I am in a bit of a pickle, married over 8 months ago, but couldn't add
> > my wife to my I485. As the dates aren't current this is proving to be
> > a major problem.(EB3)
>
> > Does anyone know if I can do something like this,
> > Currently on H1 B , continue on H1B until wife finds a job or F1 and
> > then I switch to EAD and wait for dates to be current then add her, as
> > opposed to remaining at the mercy of H1B and she on H4?
>
> > My 140 is approved so I can apply for 3 yr extensions on my H1B, but
> > the new company I wish to join is not too keen on renewing my H1B
> > after 3 years, they are only willing to do it for now.
> > Thanks
>
> 1 remain on H1 status so that she can remain on H4 status till your PD
> becomes current and then she can file her dervative I-485
> 2 if you use EAD then you will invalidate H1 status and spouse cant be
> on H4 status
> 3 if she finds employer and eligible for H1 then employer can file H4 to
> H1 Change of status and she can work on H1 and should maintain H1 or H4
> status to file I-485(when your PD becomes current) FYI many file H4 to
> H1 COS and then find no job and go out of status.
>
> --
> Posted viahttp://britishexpats.com
 

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