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Posted on 01 Oct 2010
Q.

Using EAD with H4 in concern

I have decided to use EAD from H1B and move to another Co and I am aware my wife goes off status. Her H4 is approved till 2012 under my new employment. Since we are planning not to hold our breath until the PD becomes current but leave a while later, can my Wife visit me half a year on Tourist Visa? The Consulate will surely question her request for Tourist Visa while an H4 is in effect until 2012, correct? Or else what are her options to stay on. Option of wasting money on short term courses and then back to square one is'nt one for us. Also, if she got a Tourist Visa, if we decided to press on, could I then place her on 485 when PD becomes current? Does a spouse have to be in US maintaining some legal status to get included in 485 later?

User's Location: Somerset, New Jersey, United States of America
Category: General Immigration
Posted on 03 Oct 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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