State : NJ
My wife got her B1 visa when she was still single and then came into the US on B-1(in June) after we got married in India. She will be here in the US until September and then will go back to India (Chennai) and is planning on getting her H1B stamped at the consulate in chennai (she already has H1-B approval) and is then planning on coming back to the US on H1-B in October.
I have 2 questions,
Q1. My lawyer is saying that she might have problems at the consulate in Chennai when she goes for her H1-B, as she got her B-1 as a single person, but later came into the US as a married person. Is this true?
Q2. My lawyer is also suggesting that I immediately file my I-140 and I-485 (my labor is approved) and add her name to the application. That way she will not have to go back to India and after her 485 is approved she will have the EAD to work. I thought B-1 was strictly temporary and you cannot file an immigrant petition for a person on B-1. Is it ok to file I-485 with my wife as dependent even if she is here in the US on B-1?
Please let me know. Thanks in advance!!
-RK
My wife got her B1 visa when she was still single and then came into the US on B-1(in June) after we got married in India. She will be here in the US until September and then will go back to India (Chennai) and is planning on getting her H1B stamped at the consulate in chennai (she already has H1-B approval) and is then planning on coming back to the US on H1-B in October.
I have 2 questions,
Q1. My lawyer is saying that she might have problems at the consulate in Chennai when she goes for her H1-B, as she got her B-1 as a single person, but later came into the US as a married person. Is this true?
Q2. My lawyer is also suggesting that I immediately file my I-140 and I-485 (my labor is approved) and add her name to the application. That way she will not have to go back to India and after her 485 is approved she will have the EAD to work. I thought B-1 was strictly temporary and you cannot file an immigrant petition for a person on B-1. Is it ok to file I-485 with my wife as dependent even if she is here in the US on B-1?
Please let me know. Thanks in advance!!
-RK