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Topic1 EB1-EA to be filed, Marriage, and Adding to GC petition...

EB1-EA to be filed, Marriage, and Adding to GC petition...

Hi guys,

I arrived in the U.S. few days ago under H-1B as a post-doctoral researcher. I am planning to fill my Green Card petition as soon as poosible. My girlfriend, however, is currently in Finland and is doing here studies. As we are planning to marry soon, I am thinking to first fill the Green Card petition and then return to Finland and get married to my girlfriend and bring her to the U.S. under H4 (dependent to an H-1B holder). Now I am wondering if it would be possible to add her to the GC petition once she arrives in the U.S. under H4, nothing to most probably at the time she might arrive in the U.S., I would be still under H-1B with my Green Card petition pending for process. Thanks for your help...

Sounds like a plan.

Once she is in the US with an H4, her I-485 can be filed together with your I-485, or after your I-485 (if hers is filed after your application, her I-485 app needs to be filed with your I-485 receipt and I-140 receipt notices).

Hi Jackolantern,

Thanks a lot dude! I have got another question to be added to the aforementioned comment you gave us over here.

I am an Iranian citizen and for all Iranian passport holders, all U.S. visas are single entry. Once I fil my GC petition, I have to apply for a travel document (I-140), too. I am told by people that once I use my travel document to leave the country and then return to the U.S., my H-1B visa becomes invalid as I implicitly requested for change of status. Now the question is: After getting married to my girlfriend and coming back to the U.S. using the travel document, as my H-1B becomes invalid, how could I bring my wife to the U.S. under H4? Could it be still possible to do so?

Thanks a lot!

 
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