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H1/H4 visa and I-485 application for spouse

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  • H1/H4 visa and I-485 application for spouse

    Hello,

    I am a Design engineer working for Micron Technology in Allen, TX. I have a couple of immigration related questions and would appreciate your knowledge on them.

    First, my wife(H4) and I(H1-B) are planning to visit India in December. Our visas expired in July and we have gotten extension approval forms(797 & 539). So, we will need to get new visas when we go to India. Can(should) we schedule our visa appointments together or do I need to get a visa first before my wife applies for one?

    Second, I applied for my I-485 and got an EAD in Aug.2007 before I got married in Jan.2009. Can my wife apply for her I-485 as a derivative now or do we have to wait for my priority date to be current?

    Your answers will be of great help to us, instead of having to rely on second hand information from forums on the internet.

    Thank you.
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    1. Either of you can apply in any order.
    2. Need to wait until priority date is current.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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