Green card query

[novice2007]

Hi Forum friends,

I am in the US on H1B visa valid upto Sept.2010 and my wife is on H4 but still in India, intending to join me only during June 2008.

I have the following concerns before I apply for employment based green card:

1. Do I include my wife along with my application or is it a separate process?
2. What about my two minor children who are with my wife? How do they get their green card?
3. Once I get green card, what are the conditions to stay in India to take care of my family business(about 6 months every year).

It is going to be a valuable input and I appreciate it.
Regards.

[dips647]

You need to go through the green card process documentation (part of this website). It will answer almost all your questions. You don't have to bother about the dependents (wife, kid...) until your labor Certification is approved. When you file your AOS, AP and EAD, you have to fill separate applications for your wife.

[novice2007]

Thank you

Thank you dips647. I appreciate it.

I hold H1B and do I still apply for EAD after I 140 is approved?

Regards

[waitin_toolong]

after you get labor approved you will file for I-140, if the PD is current you can file I-485 as well even before I-140 approval. To file for dependants they have to be in USA at the time of filing. your attorney/company should be able to help you there.


Based on current dates, I doubt you will be anywhere near current PD for several years to come, if you are starting with the process right now. So take it easy, there is lots of wait still there.

[novice2007]

Thank U waitin_toolong

Hai senior,

Thank you very much and I appreciate your guidelines.

With the long wait on current PD, is it wise to wait to file for green card with my H1B effective from Oct.2007?

My case would be on EB2, being a teacher.

Warm regards.

[waitin_toolong]

no dont wait get as many stages cleared as possible so that if there is any change in laws PD you can take advantage of that.

H1 is dual intent so filing GC does not matter in this case