I-485 Adjustment status after marriage

[Niraj74]

Hello ; I've EAD ,I-485 priority date is Dec, 2003 and it's applied under EB3. I got married last year and i would like to know if i can add add my wife's name for status adjustement.

What i heard from my employer is ,I will have to wait till my priority date gets current to apply for my wife as part of status adjustment. That's reason even though i've got EAD, still i'm using my H1 as my wife needs to have H4 till she is eligible to apply for status adjustment.

Appreciate if you could please suggest if i need to wait till my status gets current for status adjustment for my wife or is there any other way.

[Attorney_17]

Your employer is correct. Your wife will not be eligible to file her I-485 application until your Priority Date becomes current again. In the meantime, you should continue to maintain H-1B status (travel and work on H-1B) so that your wife can continue to maintain H-4 status. If she qualifies for an H-1B and obtains an H-1B sponsor, then she may want to discuss this option with a qualified immigration attorney. However, due to the H-1B cap, your wife would not be eligible to start employment until October 1, 2011, unless she qualifies for a cap exempt position.