kem Posted October 28, 2022 Report Share Posted October 28, 2022 Hello. I am currently holding an H1b Visa. but my I 140 petition got approved and is now ready to file for I 485. But I have plans on getting married in 3 months time with my non US citizen fiance so I can add him up on my petition too. My questions are, How long can I delay my i485 processing? My priority date is Feb 2021. Can We apply right away the H4 visa after getting maried? Can I add him on the petition before filing the i 485? Thank you. any advise and suggestion is highly appreciated Quote Link to comment
Attorney_17 Posted August 23, 2023 Report Share Posted August 23, 2023 The adjustment of status filing may only be made if the priority date is current based on the visa bulletin for the particular month. For individuals on H1B, the adjustment of status application must generally be filed within one year of the priority date becoming current if the applicant is relying on AC21 H1B extensions. Since the I-140 is a petition by the employer for the sponsored employee, the employee's dependents, including spouse and children may be added at the time the adjustment of status is filed. Every case is unique and you are advised to speak with a qualified immigration attorney about this situation. Quote Link to comment
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