Can I file 485 or follow-to-join, or use any other option?


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My case is as follows:


- My husband has a priority date of April 2006.

- We got married in July 2007 after which he immediately came to US and filed his 485 (since PD got current for a short time)

- He moved to EAD by end of 2008.

- By the time I came to US in May 2008 on H1, PD had retrogressed. so my 485 was not filed.

- My h1 with complete 6 yr term & recaptured time is ending in August 2014.

- Now, my company will be starting to file my PERM



- The remaining time on my H1 will not be enough before I can renew it.(post 140 approval if things go fine)

- Also My 485 was not filed earlier with my husband as I was not in US.



What options do I have if I want to continue to stay in the US post august 2014 if my perm and 140 is not approved by then?


Can I use follow to join option? or file my 485 as a dependent on my husbands application? or is it ok if I am out of status for a few months before getting my H1 renewd on my PERM application? Is there any other option that I can use?


Any help / advise in this matter is greatly appreciated.




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The problem here is not "out of status", it's illegal presence, which is a lot worse. If your I-94 expires, you are illegally present, and thus cannot file I-485 in the US (unlike being out of status, when you can still file I-485 for 180 days), and thus will have to leave the US and apply for consular processing. Also, if you stay illegally in the US for over 180 days, you will be subject to admission bars (3 year and then 10), which means that you won't be able to come back to the US in any status.


What you need is your own immigration lawyer. Get a consultation, bring in all of your stuff, and develop a plan of action.

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