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  #1 (permalink)  
Old 06-13-2010, 08:35 PM
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Default Need help and suggestions

Im currently working on EAD, dont have H1 , PD is Aug06 Eb2 I.
I got married after I filed my I485
Im trying to get my wife here from India by getting a H1 but no luck yet. She has a L1 but her company has not got a project yet.
I want to know what are my chances are to get her a B2 visitor visa , I want to know this if in case my PD becomes current I should be able to bring her here to do the filing and have her stay for getting the AP / EAD.
what are my options other than H1, study visa.
thanks
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  #2 (permalink)  
Old 06-13-2010, 09:01 PM
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raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
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Originally Posted by need View Post
Im currently working on EAD, dont have H1 , PD is Aug06 Eb2 I.
I got married after I filed my I485
Im trying to get my wife here from India by getting a H1 but no luck yet. She has a L1 but her company has not got a project yet.
I want to know what are my chances are to get her a B2 visitor visa , I want to know this if in case my PD becomes current I should be able to bring her here to do the filing and have her stay for getting the AP / EAD.
what are my options other than H1, study visa.
thanks
You can get an H1-B and then she can get H4. Getting H1-B will not affect your GC process.
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  #3 (permalink)  
Old 06-13-2010, 10:37 PM
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needimmihelp is on a distinguished road
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Originally Posted by raysaikat View Post
You can get an H1-B and then she can get H4. Getting H1-B will not affect your GC process.
thanks for the input.
Even for that process Oct is the earliest , my question about the B2 was for knowing how to bring her here if my dates move in the next few months,
If she applies for a visitor visa will she get it ?
just to be prepared and file her 485.
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  #4 (permalink)  
Old 06-14-2010, 07:55 AM
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Quote:
Originally Posted by need View Post
thanks for the input.
Even for that process Oct is the earliest , my question about the B2 was for knowing how to bring her here if my dates move in the next few months,
If she applies for a visitor visa will she get it ?
just to be prepared and file her 485.
hello there:

B-2 visa has a purely non-immigrant intent. Because you have shown immigrant intent, and she is your wife, it may be hard to get B-2 visa for her because the consular officer will think that she will remain in the U.S. with you; as such, presumption of immigrant intent for her is there. The best would be to apply for a visa that carries a dual intent, such as L-1 or H-1b. If you switch to H-1B status, then she'll get H-4 (also dual intent) and you will be together. Alternatively, she could try to obtain H-1B or L-1 visa and join you in the U.S. Also, if she is in the U.S., and your priority date is current, she could immediately file for 485 but only BEFORE your 485 is approved, using the follow-to-join procedure. Then, both 485s, yours and hers could be approved at the same time if all goes well. But for this to work, you need to get your wife into the U.S. before your 485 is approved.
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  #5 (permalink)  
Old 06-14-2010, 10:11 AM
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Default

Quote:
Originally Posted by glus View Post
hello there:

B-2 visa has a purely non-immigrant intent. Because you have shown immigrant intent, and she is your wife, it may be hard to get B-2 visa for her because the consular officer will think that she will remain in the U.S. with you; as such, presumption of immigrant intent for her is there. The best would be to apply for a visa that carries a dual intent, such as L-1 or H-1b. If you switch to H-1B status, then she'll get H-4 (also dual intent) and you will be together. Alternatively, she could try to obtain H-1B or L-1 visa and join you in the U.S. Also, if she is in the U.S., and your priority date is current, she could immediately file for 485 but only BEFORE your 485 is approved, using the follow-to-join procedure. Then, both 485s, yours and hers could be approved at the same time if all goes well. But for this to work, you need to get your wife into the U.S. before your 485 is approved.
Thanks , as far as me getting new H1 , is it possible ,given that I had been here already on H1 for 7years and it has expired and now Im working on EAD.
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