Dates are current wife in india, cant come until march because of 221g on H4

[sreedesi]

I need an urgent help from you guys. My Dates are current and my wife is stuck in india with 221g i can only submit the documents no later than jan 18th which will take another 2-3 months before we know the decision. Can i file my I-485 now and later add her when she comes here.How long will it take then. Can i file her EAD as soon as she comes here.Totally confused, what would be the best thing to do in this type of situation.Please help!

[Belle]

There is no such thing as "adding her". She will have to file her own I-485 and EAD. She may do it once she is back in the US. The risk you are running is if your green card is approved quickly, so you no longer have H1 status, and now she can't use H4 to enter. In this case, you will have to file following to join, which will take a few months. I would recommend waiting for her to come back, and then both of you can safely file I-485s.

[sreedesi]

Thanks Belle. It makes lot of sense. Is there 180 days limit after i get approval from 485 to file her 485.

Can we estimate how long it might take to add as my dependent once i get my GC. My only concern is dates getting retrogressed .My PD is April 2008 under Eb2

Please clarify.

[redgreenbluee]

please consult a lawyer.

there is no such rule, once your I-485 get approved, you are no longer in H1, if your spouse is still india during that time, she cannot go to the US on H4 and you will need to initiate a follow to join benefit application for her to get her GC before she can return to US.

if she return to US before your I-485 approval (you are still in H1, she is on H4), she can apply I-485 as your derivative applicant as long as PD remains current.

Thanks Belle. It makes lot of sense. Is there 180 days limit after i get approval from 485 to file her 485.

Can we estimate how long it might take to add as my dependent once i get my GC. My only concern is dates getting retrogressed .My PD is April 2008 under Eb2

Please clarify.

[Belle]

There is no time limit for her to file I-485 (or consular processing) as long as your I-485 is not denied and she is your wife.

[sreedesi]

Thanks a Ton, Belle.