krupa Posted June 14, 2011 Report Share Posted June 14, 2011 1. My I 485 am pending since 2007, on EB3. 2. My I-140 approved in Nov 2007 3. I do not apply I-485 for my spouse and dependents as they were not in USA. 4. I am working on EAD and I do not have H1B My Question: Can I apply H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa. Is it true and applicable for in this case also? Link to comment
Joe.F Posted June 15, 2011 Report Share Posted June 15, 2011 Originally posted by krupa: 1. My I 485 am pending since 2007, on EB3. 2. My I-140 approved in Nov 2007 3. I do not apply I-485 for my spouse and dependents as they were not in USA. 4. I am working on EAD and I do not have H1B My Question: Can I apply H4 visa for my spouse, as I am legally working on EAD? No. An H4 requires that the primary person is in valid H1 status. If you are working with EAD, you are not in H1 status. I heard that people on student visa can bring their spouse on dependent visa. Is it true and applicable for in this case also? You are on EAD. What in the world does that have to do with student visas? Forget about student visas. Doesn't apply to you at all. Link to comment
krupa Posted June 16, 2011 Author Report Share Posted June 16, 2011 Can I apply H4 visa for my spouse, as I am legally working on EAD? No. An H4 requires that the primary person is in valid H1 status. If you are working with EAD, you are not in H1 status. Could you please let me know , what are other possibile way to get my dependents legally to US , till I have valid EAD / I 485 pending , if I am not able to get H1 approved ? Link to comment
Joe.F Posted June 16, 2011 Report Share Posted June 16, 2011 Originally posted by krupa: Can I apply H4 visa for my spouse, as I am legally working on EAD? No. An H4 requires that the primary person is in valid H1 status. If you are working with EAD, you are not in H1 status. Could you please let me know , what are other possibile way to get my dependents legally to US , till I have valid EAD / I 485 pending , if I am not able to get H1 approved ? The only way would be for your spouse to get an H1 or L1 on her own. Link to comment
krupa Posted June 17, 2011 Author Report Share Posted June 17, 2011 Thanks JoeF, One more question, is it possible get them here on B1 visa sponsoring by myself, or by any of my relatives/friends who are currently in US? Link to comment
Joe.F Posted June 18, 2011 Report Share Posted June 18, 2011 First, a B1 is a visitor for business visa. Does your spouse have to conduct business, e.g., meetings, for her employer abroad here? A B2 is visitor for pleasure. Second, a B1/B2 visa doesn't allow immigration intent. Rather hard to argue when the spouse is in the US and has an I-485 pending. Third, a B1/B2 is for 6 months only. So, H1 or L1 are pretty much the only options, if the person qualifies. Link to comment
krupa Posted June 20, 2011 Author Report Share Posted June 20, 2011 JoeF Thanks for reply. To make clear , I have not applied I485 for them. Can I bring them on B2 visa ? Is cause for my I485 or their I824 even if I disclose while applying for B2 ? Thanks Link to comment
Joe.F Posted June 21, 2011 Report Share Posted June 21, 2011 Again, for a visitor visa the person can not have immigration intent. In particular, the person has to have the intent to return to a home abroad. That's very hard to argue for a spouse of a Permanent Resident. And don't even think of hiding that. That would only make things worse. Again, the only option is for your spouse to get an H1 or L1, if she qualifies, or for you to go back to H1. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.