I-485 for Spouse after my GC Approved.

[RjRoots 0]

Helllo Experts,

 

I am in the situation Below. Need some clarifications on my case

 

I filed my I-485 AND got my EAD 2 years ago and i got married after that but i am still mantaining my H1B and H4 to wait my priority date hit current and to file I-485 for my wife.

 

Currently she is here with my on H4 and i am on H1, I am renewing my EAD but i am not using it.still PD is not current.

 

By any chance if my I485 approved.I believe my H1B will go invalid by default.

 

What willl be the next step ?  

 

Do i need to send her back to India and file the family based Greed Card  ?

 

or she can stay here and i can file the I-485 ASAP ?

 

or  need to wait until the PD is current.?

 

Thanks in Advance.

Raja

 

 

 

 

 

 

 

 

[itsmeusa 0]

The day your I-485 has been approved, your H1b is gone. As soon as the dates become current, file her I-485 on day 1. Once it's filed, she can remain in US as AOS pending gives her that stay. She would also get EAD / AP as fringe benefits of filing I-485.

[pontevecchio 12]

She would need to file for AOS when the PD is current.

[RjRoots 0]

The day your I-485 has been approved, your H1b is gone. As soon as the dates become current, file her I-485 on day 1. Once it's filed, she can remain in US as AOS pending gives her that stay. She would also get EAD / AP as fringe benefits of filing I-485.

 

Thanks for the response itsmeusa !

 

In case PD is not current and My H1B is gone ,Until PD Comes to current Whats will be her status  ? She have go back to India ? Becasue they keep Retrogating the Dates back for couple of Years.

[RjRoots 0]

Thanks very much pontevecchio !

 

if PD is not current What will be here status, She have to goback and wait until the PD is becomming current.( Sorry i am asking because of the Dates are going back and forth every year Due to Retrogations)

 

Raja

 

 

She would need to file for AOS when the PD is current.

[pontevecchio 12]

What is your PD? Is it current>?

[itsmeusa 0]

As you are maintaining your current H1b, your wife has valid status H4. The day your PD becomes current, that day her I-485 should reach USCIS. Now, suppose your date becomes current on 1st Jan 2015, you won't get I-485 approved the same day, USCIS will definitely take some time to approve it even if it's pre-adjudicated. So if you can fast that time, you can hit the nail on the head. This way, before your H1b is gone, her I-485 will be with USCIS and she could stay until the decision is made as AOS pending.

[RjRoots 0]

What is your PD? Is it current>?

its Not Current , My PD 15th Sep 2009.

 

But got RFE on the Medical fitness i replied the RFE and my status now is RFE Document Review.

[chinx 0]

Hi Raja, 

 

as "itsmeusa" suggested, I would also recommend keeping a packet ready with all the forms and documents for your wife's I-485 application.

and as soon as PD becomes current, ensure that the packet reaches USCIS.

Also look more into "following to join", It might be applicable in your case and will save you a ton of headache.

 

hth, All the best !!

[RjRoots 0]

Hi Raja, 

 

as "itsmeusa" suggested, I would also recommend keeping a packet ready with all the forms and documents for your wife's I-485 application.

and as soon as PD becomes current, ensure that the packet reaches USCIS.

Also look more into "following to join", It might be applicable in your case and will save you a ton of headache.

 

hth, All the best !!

 

Thanks Chinx ! Appreciate it.