Submit i485 - AOS without H4 spouse in Country

[Vijayau]

Hi, My spouse who is on H4 is out of country and looks like she cannot be back before the end of October. We are eligible to file for I485 now. The fear of applying for myself and not my spouse is that, the dates could retrogress and I may not be able to apply for her, for a long time. Here is what i am thinking, let me know if you see any problems with this

Apply for my AOS this month without the Medical form (i693). This guarantees an RFE for me. If the dates never becomes current again and i am unable to file AOS for my spouse,  I can withdraw my I485 and wait till our dates become current and apply together again.

I understand that i will have to maintain my H1 and her H4 statuses until then.

thanks

[newacct]

There is no need to withdraw your I-485 or have RFEs. You can file I-485 now, and have it be pending. You will also continue to maintain H1b status and your spouse can come on H4 visa when she can come. Your I-485 can't be approved until a visa number is available for your category and priority date, at which point your spouse will be able to file I-485.