Marriage when on EAD/AP approved, I-485 applied (not approved yet)

[itsforbabu]

Don't ask me why did I file I485 before I even got married. But thats the harsh truth.

Applied for I-485 (not approved yet).

I am trying to get married while I am on EAD now.

Used AP for travel.

My H1 expired last december and didn't renew it.

What are my options to marry a girl back in India and bring her here? I thought there are only 2 options.

1. Apply for new H1? What happens to my EAD/AP if I go back to H1? Will this new H1 be part of 60,000 quota, that is going to start April 1?

2. ???????

My Priority Date is DEC 2009 on EB2. But the current date is in 2004. What do I do?

I heard I can get married, get marriage certificate and apply I-825 for the wife, when my I-485 gets approved (wait to even file I825 until then?). Is that what it is exactly?

Ofcourse there are other options of student and business, which is not likely in my control.

[Attorney_25]

Generally if you've had an H-1B in the past 6 years you will not be subject to the cap. Since the prior H-1B status has ended, you'd probably only be approved for a consular H-1, although there's an exception where failure to extend H-1B on time wasn't your fault. I don't think that exception applied here though.

It is possible that if you leave the US while not in H-1B status and then come back as H-1B, that your I-485 could be denied on a technicality, but that is not certain. Be sure you have a valid approved AP as backup before you travel.

It is probably worthwhile to go back to H-1B despite the possible risk to the I-485 so that your wife can enter as H-4.

If you file I-824 and wait for your I-485 to be approved, your wife could be waiting outside the US for a very long time based on your priority date.

Most important point is to finalize your marriage before the I-485 is approved.

[itsforbabu]

Good to know that h1b cap is not applicable if my 6 yrs was not used on h1b, but I changed my employer using ead, so not sure if the only way to get her h4 is through applying for me a new h1 in which case cap is applicable? Or I can still get a h1 renewal with old employer as my 6 yrs didn't complete? I am married now while on ead. She is on F1 status phd student in US  with potential to stay in USA using f1 and opt that is possible until end of 2018. My dec 2009 priority date is still waiting with patience for current date. Since she is here on f1 student visa, can I file her 485 and ead right away? She is an arts phd student so she can't even get h1b by herself after graduation, so I need to find what are my options to go back to h1b so that she can get her h4.