star12345 Posted September 14, 2015 Report Posted September 14, 2015 I am pending AOS with a PD in fall 2009 and Recieptdate of Feb 2012. I am currently on EAD ( no H1 Visa). As I was not married at that time , I couldn’t add my spouse. Now that the Priority date for acceptance of I-485 is 2011 as per October visa bulletin, i assume the window is open for refiling or applying for spouse ( so she can get EAD) I wanted to know if I can apply I-485 for my Spouse . GURUS help me out .
JoeF Posted September 14, 2015 Report Posted September 14, 2015 Is your spouse in the US? An I-485 can only be filed if the person is in the US.
star12345 Posted September 14, 2015 Author Report Posted September 14, 2015 Yes ,spouse is in USA on her own visa. I m EB2_I with pd in 2009. Wanted to make sure if she can file her 485 based on my pd since uscis is accepting applications for EAD unto OCT 2011.
JoeF Posted September 15, 2015 Report Posted September 15, 2015 If the PD is current then she can file an I-485.
star12345 Posted September 15, 2015 Author Report Posted September 15, 2015 Hi JoeF , thanks for the response. with due repect, want to mention tat I am aware that she can file 485 if PD is current. But my question was if she can file now .. since the OCT visa bulletin is talking about ACCEPTANCE Cutoff dates.
JoeF Posted September 16, 2015 Report Posted September 16, 2015 She can file in October. The dates are always for the month. And for all practical purposes, the acceptance date is the new cutoff date. It may not get approved yet, that's what the second date list is for.
star12345 Posted September 17, 2015 Author Report Posted September 17, 2015 Wonderful and thanks JoeF. I am glad she can atleast file 485 and get EAD/AP now.
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