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krnadh11

Greencard approved for primary petioner. Wife on h4 how long she has for change of status.

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Hi i was on process to file change of status for my wife on h4 but my application got approved. How long does she have to change the status. Or she will be out of status. Has anyone been on this scenario. Please advise. 

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She is out of status from the time of your GC approval because you are no longer on H1, which invalidates her H4. She should file an I-485 immediately.

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Maybe you are using the wrong terminology. "Change of Status" refers to the process of changing from one nonimmigrant status to another. The process of getting a green card from within the US is "Adjustment of Status" (I-485). Is that what you're talking about? When you became a permanent resident, you ceased to have any nonimmigrant status, and any status that your wife had that was dependent on your status (e.g. H4 dependent on H1b) also ceased. So yes she would be out of status. Assuming that you are immigrating in an employment-based category, INA 245(k) applies, which means that she remains eligible for Adjustment of Status as long as she has not been out of status or working illegally for 180 days since her most recent admission. So she can still file I-485. Since your I-485 was approved, that implies that a visa number must have been available for your category and priority date on the Final Action Date chart; therefore, she should be eligible to file I-485 in the same month.

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