I-140 and 485 applied Concurrently, married after that...status of spouse

[thaza]

Hi All,
I have kind of a strange situation. I am currently on H1B.
I applied for I-140 and I-485 concurrently last year in the rush between July/Aug. I got married in Dec and returned in Jan with my wife (who is H4). My attorney initially said that I could add my spouse to the GC application on my return. Now, they say the dates have to be current.

The situation is I have my EAD and I-140 approved. If I start using my EAD or If I-485 gets processed(which I dont think would happen soon), what would be the status of my spouse ? Would she continue to be on H4 visa status ?

Any clarification on this issue would be immensely helpful in deciding my future.

Appreciate your help guys !

-thaza

[txh1b]

Your EAD and AP are basically useless for someone in your situation. You need to be maintaining your H1b status all the time untild your PD becomes current and you add your derivative spouse and file her 485.

If not, your spouse will fall out of status.

Again, do NOT use EAD or AP. Not even worth spending money applying for those.

[PraetorianXI]

Again, do NOT use EAD or AP. Not even worth spending money applying for those.

They are free. Included in the $1,010 for the I-485.

[txh1b]

They are free. Included in the $1,010 for the I-485.

Aren't they free only for the first time? Extensions will still cost money, isnt it?

I was talking about the primary who already had his July 07 filing and suggesting it is not worth spending money to extend EAD/AP for him.

[zidan]

When was your I-140 approved?

When was your I-140 approved?

[txh1b]

When was your I-140 approved?

Are you asking for informational purposes just to know?

As that has no significance to the OP using the EAD as his wife will fall out of status and has to leave the country.

[waitin_toolong]

they are free for people who filed afer july 30th using 1010 fee dont ever have to pay another fee for Ap?EAD renewal. But those e jul/aug filers who filed on the basis of July bulletin between Aug 1st to Aug 17th 2007 will have to pay the renewal fee.

As for spouse she can stay with you in USA under two conditions as your dependant on H4/L2 for which you will have to maintain the H1/L1 or on independent status of her own. Else go back to home country.

You are better off than tose bachelors who got approved during that period and then got married they have to file in family quota with wait times of 4-5 years.

you just have to wait for your PD to be current to file her I-485. or if she is in India then file follow-to-join.

[thaza]

When was your I-140 approved?

I received my approval in March for I-140.

[thaza]

Are you asking for informational purposes just to know?

As that has no significance to the OP using the EAD as his wife will fall out of status and has to leave the country.

Hi ,

I am not asking for informational purpose, actually I am facing the situation now.

-Thaza

[thaza]

Your EAD and AP are basically useless for someone in your situation. You need to be maintaining your H1b status all the time untild your PD becomes current and you add your derivative spouse and file her 485.

If not, your spouse will fall out of status.

Again, do NOT use EAD or AP. Not even worth spending money applying for those.

Hi ,

Thank you very much for the quick responses. I really appreciate your help.
I guess I would have to wait for the PD to be current now. And that doesnt seem to happen for atleast in the next couple of years.
Fortunately, I have my H1 for atleast another few years now.

Appreciate all of the responses for my question.

-Thaza

[txh1b]

Hi ,

I am not asking for informational purpose, actually I am facing the situation now.

-Thaza

That question was for Zidan.

[PraetorianXI]

Aren't they free only for the first time? Extensions will still cost money, isnt it?

I was talking about the primary who already had his July 07 filing and suggesting it is not worth spending money to extend EAD/AP for him.

For people who filed after the July 2007 fee increase, they are free, even to be renewed. For people who filed before the fee increase, they must pay the renewal fee each time.

[txh1b]

For people who filed after the July 2007 fee increase, they are free, even to be renewed. For people who filed before the fee increase, they must pay the renewal fee each time.

Hmmm, Now I can see USCIS revenue being skyhigh from all the EADs and APs from the pending July 07 fiasco I485 holders. They must be having some good financial consultants on board

[zidan]

Iam just asking for informational purpose:curiosity because both of us applyed
in july when visas numbers were available(july visa bulletin).
sorry if missunderestood.

[cpatel628]

I-140(pending), EAD(Approved), got married.

Hmmm, Now I can see USCIS revenue being skyhigh from all the EADs and APs from the pending July 07 fiasco I485 holders. They must be having some good financial consultants on board

Hi All,
My situation is similar.
I am currently on H1B.
I applied for I-140 and I-485 concurrently last year in the rush between July/Aug. I got married in Dec and returned in Jan with my wife (who is H4). My attorney initially said that I could not add my spouse to the GC application on my return. Then, I inquired, & found out, I can. I have had my attorney applied to have my wife added to my GC application.

The situation is I have my EAD and I-140 pending. My wife's application is still pending with USCIS, They havenot given us any reciept #s yet. What should I do, in case, if I will get a job offer? Can I change the job, & if I can, what @ my wife's pending case? Can they still accept it? How do I find out, if my wife would be added to my GC application ?

Any clarification on this issue would be immensely helpful in deciding my future.

Appreciate your help guys !

Thanks.