Time Period for filing Spouse I-485

[Dattguru]

Belle - Can you advice me on this topic , since i saw you mentioning that this statement was INCORRECT in someone's else post ?

EB3 PD - Oct 2006

I-140 - Feb 2007

I485 filed Aug 2007 ( Unable to file Spouse's I-485 as she was out of the country)

EB2 PD - April 2011

Filed NEW I-140 along with PD Porting Application (PREMIUM) .........Waiting for Approval

I read some posts which mentioned that we have very limited time period between NEW I-140 getting approved & simultaneously I-485 getting approved sequentially.

1. But if the above two approvals happen quickly one after the other, even before i can file my spouse's I-485 application , does my SPOUSE lose her right to file the I-485 application

2. Does she needs to file her I-485 under Family Based Category, since her Primary Applicant is no longer under AOS status ?

3. If she is in H-4 Visa Status, does she lose her H-4 status too, once my I-485 gets approved ?

Please help !!

[Dattguru]

Can someone respond back to my QUERY ?

[Belle]

1. No.

2. No. Eligibility is determined by the date of approval and date of marriage - marriage should happen before approval.

3. Yes, however, she may be out of status for up to 180 days, possibly longer, and still file a successful I-485.