I-485

[immigration1975]

Hi,

My priority date ( for Employment Based ) will become current soon. I am a principal applicant. some time back my spouse (derivative) is Out of status ( I-94 NOT expired but not on pay roll for more than 6 months on H1B). should my spouse eligible to file an EB based I-485 ? if eligible will it impact the outcome of I-485 ? are any chances of I-485 denial in this case ? did any one filed I-485 in similar situation ? any inputs are welcome

Thanks in Advance,

[Belle]

The question is not eligibility, it is admissibility. Being out of status for over 180 days generally disqualifies someone from being admissible. The best thing is to enter the country on some visa that she will be able to maintain status in, like H4. That's the other question - why did not she file a COS to H4 and stayed out of status?

[immigration1975]

Thanks for the reply. The reason for did not change the status is we misinterpreted.

[Belle]

Since you have some time, it would be the best to try to re-enter the country. It is possible to try to file I-485, but it may be denied if the USCIS figures out she was not working while on H1.

[immigration1975]

I am not sure whether I clarified well in the previous email. right now she has a Job and working on H1B. she had employment gap back some time then started working and also recently her H1B extended by USCIS.

Thanks,