Filing I-485 for Spouse on L1B VISA

[sannisha 0]

Hi ,

I have I-140 approved , employment based , and my wife is also planning to work  in  USA on L1B VISA  , can i file her I-485 adjustment of status with me when my priority date is current or she has to be on H4 VISA as my dependent in USA for me to file her adjustment of status?

Thanks

[newacct 0]

3 hours ago, sannisha said:

Hi ,

I have I-140 approved , employment based , and my wife is also planning to work  in  USA on L1B VISA  , can i file her I-485 adjustment of status with me when my priority date is current or she has to be on H4 VISA as my dependent in USA for me to file her adjustment of status?

Thanks

Yes, she can file I-485 as your derivative beneficiary when your priority date is current. She can be in any status (or out of status if less than 180 days out of status since the most recent entry).

[JoeF 7]

As long as she is in the US in a valid status she can file an I-485 when the PD is current.