Apply H-1 while I-485 PENDING for 2 yrs

[padalas]

Hi Friends -
Any help/ideas/information is grately appreciated.

I have my I-485 pending for last 2 yrs with NSC (Rect date: July 2001). I still haven't heard anything from INS. I am in desparate need to bring my wife to US(got married after I applied my I-485). Can I apply for a new H-1 while waiting for my I-485 so that I can try H-4 for her. I am currently on EAD on which I can not bring her as you know.

I have no idea why INS is taking so long in my case.

Thanks.

[U4EAAH]

I am no expert on immigration, However, I have discussed similar situation with my Attorney in the past.
To start with,You are no longer in H1B status as you have already used your Employment Authorization card(EAD). You could add your spouse to your existing I-485
(Its called "follow to join"), however, as I understand, she needs to be in United States to be able to file her I-485. You have to verify with an Attorney to see if you could file her I-485(AOS) while she is still overseas(it seems unlikey though).
Another issue to consider is your own I-485 application. If your AOS is approved, then it will get more difficult for your spouse to make it to U.S in near term, as only option left would be to file a family based petition(I-131) for her and you can file a I-131 application only when priority dates are current for your country of origin and that might take several years.
As for applying for new H1B, I am not sure if that can be done while you already have an AOS pending. But this might be the only option to bring your spouse to U.S in near term.
So my advise would be to get in touch with an Immigration attorney ASAP.

Thanks,

[padalas]

RE:

Hi,
Thanks for the reply/advice. I think once I get my I-485, I still can apply for 'Follow-to-join' for my wife. She does not need to be in US. I-131 is not needed for a 'Follow-to-join' case as long as the person gets married before I-485 is approved. Once I file I-824, INS would inform the Chennai consulate (in my case) that my gc is approved. Then Chennai would issue GC for my wife. This is what I was told. It is a 4-6 month process. But as do not know when INS approves my I-485, I am wondering if I can bring her here sooner. I see only H-1/H-4 scenario is the only possible option here. But as you doubt, I may not be able to get a new H-1 as my AOS is pending. I will double check with an attorney. Thanks anyway for your reply.

Thanks