I-485/EAD and spouse joining a fewmonths later

[nandac]

I am currently on a H1B. My priority date is current.

 

My wife is in India but not able to come to USA immediately.

 

I hear that nowadays H4 is not issued for dependants located outside the USA.

 

So my wife is to get a I-94 from the consulate in India to come to the USA?

 

If I file for I-485/EAD, I think I will lose my H1B.

 

Then will my wife be able join me after a few months and file for i-485/EAD for herself and our child?

 

So there are two questions above : 

1. If I am on a H1B, how will my wife located in India join me in the USA if H4 is not being issued?

 

2. if I file for i-485/EAD (and lose my H1B) how can my wife located in India join me later and file for i-485/EAD?

 

Appreciate the insights.

[JoeF]

Huh?

An I-94 is only issued by CBP at the border.

She needs a visa to enter the US. If you are in H1 status, she of course can get an H4 visa.

[ad2010]

So there are two questions above : 

1. If I am on a H1B, how will my wife located in India join me in the USA if H4 is not being issued?

-- Where you heard that H4 is not being issued? If you are on H1B , then your spouse and kids are eligible to apply for H4 visa.

 

2. if I file for i-485/EAD (and lose my H1B) how can my wife located in India join me later and file for i-485/EAD?

- No need to lose your H1B.

[nandac]

I thought H1B and EAD were mutually exclusive and that you cannot have both. Once you get the EAD, it automatically makes the H1B invalid. Or so I heard.

 

Appreciate the clarification.

[JoeF]

I thought H1B and EAD were mutually exclusive and that you cannot have both. Once you get the EAD, it automatically makes the H1B invalid. Or so I heard.

Appreciate the clarification.

You heard wrong.

The H1 is only gone when the EAD is USED.