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  #1 (permalink)  
Old 12-25-2009, 12:13 AM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Aug 2009
Posts: 3
YetAnotherDesi is on a distinguished road
Default Working on EAD, intend to marry F1 visa holder
Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).

Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC
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  #2 (permalink)  
Old 12-25-2009, 04:01 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
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Join Date: Dec 2006
Posts: 586
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Quote:
Originally Posted by YetAnotherDesi View Post
Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).

Quote:
Originally Posted by YetAnotherDesi View Post
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
Quote:
Originally Posted by YetAnotherDesi View Post
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Quote:
Originally Posted by YetAnotherDesi View Post

Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC
__________________
I am not a lawyer. Use at your own risk any information given by me.
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  #3 (permalink)  
Old 12-28-2009, 09:11 AM
Member
Priority Date
:
Jan-05
Category
:
EB2
I140 Mailed Date
:
07/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/04/2007
Compare
Join Date: Jun 2006
Posts: 56
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I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.

Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
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