Spouses H4 being processed my EB3 date is current for Aug


patel_bhav

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I am currently on H1 (valid until March 2012) and got married earlier in May. My wife appeared for her H4 visa interview on June 3rd (in Kolkata) and the consulate retained her passport for further review. My priority date for EB3 has moved and I will be current in August.

If my wife does not get the H4 in time before I get current in August, what are our options for next steps and approximately how long could this take? Any assistance would be greatly appreciated.

Thanks a bunch in advance..

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Your dates will probably retrogress in October. It is best if your wife enters before that. If fact, I would recommend that she tries to enter the country even if your green card is approved - she should be able to do it for a month or so after approval - just make sure your dates are still current and she has time (at least a week) to file I-485. If you are approved, and then the case retrogresses before her entering, you will have to use following to join and wait for the date to un-retrogress again. I am going to recommend hiring your own attorney for her and keeping in touch with him/her as events progress.

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