EAD FROM INDIA

rspvt

By rspvt,
in EAD

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rspvt Newbie

rspvt

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Guys,

I'm in India and my Husband(Primary Applicant) is in US. Our Priority dates are current. But I can't come to US immediately as I have a very key/critical role in my project which will last for another 3-4 months. Our lawyer in US told us that we can apply for EAD being in India. I'm not sure how far it is true and how will this work. We have been waiting for this moment from quite few years. Please pour in some inputs on this...

Appreciate any help on this!

Thanks,

PR

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JoeF Advanced Member

JoeF

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The EAD is for work in the US. That doesn't apply to you right now at all. If you mean Advance Parole (AP), that can not be applied for while abroad.

Do you have an H4? It would become invalid once your spouse's I-485 gets approved. In that case, you would have to go for consular processing using the follow-to-join rules.

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rspvt Newbie

rspvt

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Yes..I'm on H4 currently but In India and my husband is in US..My husband didn't not apply for EAD /485 yet but his Priority Date is current now...So I'm just wondering is there any possibility(I'm being in India) that we can apply together for next stage at this point. Or any suggestion are most welcome!!!

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rspvt Newbie

rspvt

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1.When my husband's 485 is approved, and I'm still in India and if I wanna join my husband then Can I enter on H4?

2.Can I join him when his 485 is not yet approved IF SO Can I file for 485 immediately or should I till his 485 gets approved

IF NOT is it advisable to stay back in INDIA till his 485 gets approved and then enter in US on H4??

Appreciate some inputs on this.Thanks!

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JoeF Advanced Member

JoeF

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1.When my husband's 485 is approved, and I'm still in India and if I wanna join my husband then Can I enter on H4?

No, you can not. His H1 is then invalid, and that makes the H4 invalid.In such a s

iatuation, you could only use Consular Processing, doing follow-to-join.

2.Can I join him when his 485 is not yet approved IF SO Can I file for 485 immediately or should I till his 485 gets approved

As long as his H1 is valid, you can enter the US on H4. And you could then file an I-485.

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JoeF Advanced Member

JoeF

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Thanks for the info...BTW what is this Consular Processing...I have no clue about it..How does that work?? And how long generally it takes to get I-485 approved?? If it gets approved can I come back to US on H4 and apply this CP??

There is lots of information about CP on the Internet. CP is done at a US consulate outside the US, hence the name "Consular Processing." It is not done in the US.

And when your husband's I-485 is approved, his H1 is invalid, and with it your H4. You can not use the H4 to enter in that case.

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rspvt Newbie

rspvt

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@All Thanks for the Inputs

@OMshiv... It takes another 3-4 months to get my project done. I cant leave to US now as I have very crucial role...So we are looking into options...Its still confusing to us to go with CP....And my husband's employer(American Employer--Full Time Job) is pushing him hard to apply for next stage....

-->If my husband went ahead with next stage(140 approved and dates are current) and If I didn't go for CP and If next stage is still in process then Can i join him on h4?

--> If I went ahead with CP and while it is still in process can I join my husband on h4?

--> With the current scenario of mine what is advisable now to go with CP (OR) Don't go with CP ?? or any other better options?

Thanks Much!!

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