Legal Question in Immigration Law in California

pending I-485 to sponsor H4 visa for spouse in india

Hi I am on H1B and applied for i485 which is pending, EAD AND AP and not intend to work on EAD. Can I bring my wife on H4 with my i485 still pending.

or

i'll have to add her name in my i485 application and then bring her when i485 is cleared.


Asked on 2/26/09, 1:59 pm

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: pending I-485 to sponsor H4 visa for spouse in india

Already replied.

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Answered on 2/27/09, 1:27 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: pending I-485 to sponsor H4 visa for spouse in india

Where is wife in India?

We have an affiliated office in New Dehli.Your matter is complex and you should get an attorney, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 2/27/09, 10:47 am
Rebecca White Law Office of Rebecca White

Re: pending I-485 to sponsor H4 visa for spouse in india

Yes, your wife can obtain an H-4, and you will want to be sure she is added to your I-485 and her own is submitted as well. If you have questions please email my office to set a time to speak.

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Answered on 2/26/09, 2:08 pm
Larry L. Doan Law Office of Larry L. Doan

Re: pending I-485 to sponsor H4 visa for spouse in india

As long as you continue to maintain your H-1B status while the adjustment is pending, your wife can always join you as the H-4 spouse. Then, when she is here as an H-4, she should also file an as the derivative beneficiary so that she can adjust status with you (adjust from H-4 to permanent resident). Alternatively, if she chooses not to come here as an H-4, then after your I-485 is approved she (and any minor children) are eligible to receive immigrant visas as following-to-join family members.

Larry L. Doan, Esq.

(Straight-talk on Immigration Law at www.GuruImmigration.com)

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 2/26/09, 2:14 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: pending I-485 to sponsor H4 visa for spouse in india

You should have added her name before filing the I-485.

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Answered on 2/26/09, 4:31 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: pending I-485 to sponsor H4 visa for spouse in india

I agree with the opinions of my esteemed colleagues Rebecca White and Larry L. Doan.

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Answered on 2/26/09, 6:07 pm


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