I-485 vs H1B status effect on spouse travel

N

neekat

Registered Users (C)
I have a question about what happens to my H1-B status after I have filed for my I-485.
I am appyling for my I-485 as everything is current till Aug 17th.

The question is " Will my spouse be able to get an H-4 visa against my H1-B even though I have applied for I-485 but the I-485 is not yet approved but pending?"
I know that spouse can be added to the application as long as primary applicant's I-485 is pending.
But in the meanwhile can spouse get travel to US on H-4 or my I-485 application makes her ineligible to get H-4.

Thanks for your help.
 
Your spouse is eligible to obtain H-4 as long as you maintain your H-1B status (even after filing I-485). Yes you can add your spouse to your I-485 application under certain conditions.
 
You should have applied for your wife's I-485 as well. Depending on your priority date and the visa date, the dates may retrogress and you may not be able to file for your wife's I-485 until your date becomes current.
 
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