Filing I485 for Spouse (Add it on my I485)

[RjRoots]

Hello Folks,

 

I just need some clarification / Suggestions from you experts.

 

I go married after i filed my I485 , I got my EAD as well. Also Never used my EAD.I am trying to Add her on my 485 process but My bad luck the Current Date Went back to 2004.

 

Currently i am on H1B, My spouse got H4 she is here in US.Both are expiring in May 2014. 

 

I am trying to use my EAD after May 2014.(Ofcourse my H1B and my dependent H4 will expire same time), I am trying to apply New H1B for my spouse on next fiscal year so that she can come one next October 2014 with her own H1B.

 

My PD is Sep 2009, In this case if the Priority Dates move forward in next year make my PD current. Will i be able to file her I485 ??? (that time i am on my EAD and she will be on her own H1B) 

 

if any case her H1B Delayed or some issues she struck n India will i be able to file I485 ?(Need to be here in USA to file I485??) 

 

Thanks for your time reading this and Thanks in Advance.

 

Regs,

RJ

[Belle]

I can't comment on the movement of the PDs, and your second question does not make sense. You won't be filing I-485 because you already have one filed.

[RjRoots]

Thanks for the response Belle , Sorry it was a  typo

 

Applying 485 for My Spouse or Adding her in my 485 ! (Amendment on my I485)  (when she is in India or here on her own H1B) 

 

Regs,

RJ

[JoeF]

She can file her own I-485 when your PD is current. You don't file anything for her.

[Belle]

Thanks for the response Belle , Sorry it was a  typo

 

Applying 485 for My Spouse or Adding her in my 485 ! (Amendment on my I485)  (when she is in India or here on her own H1B) 

 

Regs,

RJ

There is no such thing as applying for your spouse or "adding" her.

 

She will have to file her own I-485. I-485 can only be filed while physically present in the US.

[RjRoots]

Thanks Belle and JoeF for the clarity ! 

 

Regs,

 

Raj