EB-2 Current Not married

[for_suggestion]

I have an approved I-140 with my previous employer.I am working for another company now.

my priority date might be current in couple of months.I am not maried yet.Can I apply my 485 with my previous employer.Can my future wife(I am engaged) be added(or apply) in the 485 application.I need visa stamp.

[tusharvk]

I have an approved I-140 with my previous employer.I am working for another company now.

my priority date might be current in couple of months.I am not maried yet.Can I apply my 485 with my previous employer.Can my future wife(I am engaged) be added(or apply) in the 485 application.I need visa stamp.

did you file perm with the new company? it could take some time to get filed and approved even if you want to use prior pd.

Only after marriage, your wife can file 485 along with you.

[Belle]

You may apply with the previous employer, assuming they still have that job for you, and you are willing to take it. There will be implications for your spouse, if you don't get married before your approval, and that sometimes comes through quicker than you thought.

[for_suggestion]

You may apply with the previous employer, assuming they still have that job for you, and you are willing to take it. There will be implications for your spouse, if you don't get married before your approval, and that sometimes comes through quicker than you thought.

[for_suggestion]

Thanks for your valueable replies.Can I apply B1/B2 for my fiancee?

[Shurap1]

Thanks for your valueable replies.Can I apply B1/B2 for my fiancee?

No do not as it is non-immigrant intent visa, her 485 will be denied. You can get her to school and bring on F1, or on H1, if your 485 is approved before she comes to US.

[for_suggestion]

Thanks guys for your support!!Could you please give some comments on my case.

I need visa stamp to re enter to US, if I go and marry now.Can I apply for I -485 with my previous employer(they still have the same job for me) and apply for AP simultaniously.If I use AP while coming back to US,will my H1B status be valid.I will go for stamping also if I get stamping done I will not use AP.Is this possible.

[Shurap1]

Thanks guys for your support!!Could you please give some comments on my case.

I need visa stamp to re enter to US, if I go and marry now.Can I apply for I -485 with my previous employer(they still have the same job for me) and apply for AP simultaniously.If I use AP while coming back to US,will my H1B status be valid.I will go for stamping also if I get stamping done I will not use AP.Is this possible.

Don't complicate.

If you enter US using AP, your H1B is invalid means your wife will NOT be able to enter on H4. So you will have to get visa H1B stamp, get married (at least legally so as you get marriage certificate), apply for wife's H4B and then both enter using H1B/H4 and then file for 485. It seems like dates not going to retrogress and even though they do, they will surely move forward during last quarter when the visa spill over happens. So this seems to your best bet to me.

[Belle]

"If you enter US using AP, your H1B is invalid means your wife will NOT be able to enter on H4. "

I would not sign off on this, and neither would most attorneys. If the H1 conditions are met, it is likely that H4 is considered to be valid.

[for_suggestion]

Thanks Shurap1.

[for_suggestion]

"If you enter US using AP, your H1B is invalid means your wife will NOT be able to enter on H4. "

I would not sign off on this, and neither would most attorneys. If the H1 conditions are met, it is likely that H4 is considered to be valid.

I talked to one of the lawyers,they say that I can use AP and afte coming to US I can re apply for H1B with the same employer.According to Shurap1,If one uses AP his H1B will be invalid and he can not apply for H4for spouse.

[for_suggestion]

Experts How about applying I-485 alone and apply,EAD/AP.Then go and get married.Heard F2A is moving fast and the wait time will be less than 2 years.Mean while, I can apply for f1 too,heard I can add spouse with in 180 days of applying 485.Please suggest.

[Shurap1]

I talked to one of the lawyers,they say that I can use AP and afte coming to US I can re apply for H1B with the same employer.According to Shurap1,If one uses AP his H1B will be invalid and he can not apply for H4for spouse.

Read below for details

http://www.murthy.com/news/n_efftrv.html

[for_suggestion]

Thanks alot Shurap1,can you give your thoughts on F2A route.

[ravi6470]

Hi experts,

"If you enter US using AP, your H1B is invalid means your wife will NOT be able to enter on H4. "

is above statement true ?

i need to go H1 stamp if i go to india , and planning to file 485 , and pending marriage ,i am also in similar situation , i talked to 2 attorneys here is their reply

Attorney 1 : i can enter using my AP , and my dependent can enter with H4 visa ,and she can file 485 once she enters US as long as my PD is current and my 485 is not approved

Attorney 2 : he said i need to go H1 Visa renewal stamp along with my wife H4 visa and enter using H1/H4 ,and he said if i enter using AP he , she will not be able to enter US using H4

Regards

[for_suggestion]

Hi experts,

"If you enter US using AP, your H1B is invalid means your wife will NOT be able to enter on H4. "

is above statement true ?

i need to go H1 stamp if i go to india , and planning to file 485 , and pending marriage ,i am also in similar situation , i talked to 2 attorneys here is their reply

Attorney 1 : i can enter using my AP , and my dependent can enter with H4 visa ,and she can file 485 once she enters US as long as my PD is current and my 485 is not approved

Attorney 2 : he said i need to go H1 Visa renewal stamp along with my wife H4 visa and enter using H1/H4 ,and he said if i enter using AP he , she will not be able to enter US using H4

Regards

2nd lawyer is correct.

[Ariean]

2nd lawyer is correct.

Hello i am in same situation, have you been through this situation or some body from your known contacts ? how can you be so sure, can you please confirm the source, appreciate your comments, thank you.

[tusharvk]

this is not subjective. if the principal is not in valid h status, then the dependent can not be on h4 status.

[crank]

There are lot of uncertainities in your scenario.

1. Do not bank on getting your wife's h1 or f1 approved after she is married to you. It might get rejected for potential immigrant (husband in US). I know it sounds ridiculous, but I have a close friend had this happen to him.

2. You cannot get AP whitout applying for it from inside the US. So, you will need to apply for 485 to be able to get AP.

3. 485 processing takes a minimum of 2 months (best case scenario from ******** data).

4. Best thing for you would be to have your fiance' apply for f1 visa before she is married to you. Then you apply for your 485 right before you leave to go to india. get married and come back with wife. When in india you can try for stamping, if it doesn't work, you can use the AP to come in US. your wife can use the f1 to enter US. Once in US, apply her 485 (follow to join). Make sure you come back to US within 2 months so that you can apply her 485 before a decision on yours is made.