SCOPS Update – 07-13-2011
Filing location for concurrently-filed I-140/I-485 petitions
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Can I apply for H4 visa for spouse while on EAD?
Question details
My I -485 is pending since 2007, on EB3. My I-140 approved in Nov 2007. I did not for I-485 for my spouse and dependents as they were not in USA. I am working on EAD and I do not have H1B. My Question is can I apply for H4 visa for my spouse, as I am legally working on EAD? I heard that people on student visa can bring their spouse on dependent visa.
You can have them apply for H-4 only if you go to an H-1 (you can). An F-1 is difficult if you have an AOS pending.
Applying for Green Card while on Visitors Visa/ESTA, Fraud
Citizenship and Naturalization
Immigration Law
Green Card
Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
Status
Green Card AOS Approved