If primary 485 get approved, what happens to spouse on H4?

[jefkorn]

Hi all,
My 485 is pending and could be approved any minute based on the processing times posted on USCIS website. My wife on H4 and I on H1 just arrived in US after getting married and I have sent the filled up application for her to my company. The HR tells me that they will file next week. My concern is if my 485 gets approved before that, what will happen to my wife's status?
I understand that her H4 would be void right away. I have the record of email that I explained this to my company lawyer to file 485 for my spouse asap otherwise she would be out of status.
Will this help in case 485 gets approved before her 485 is applied? Will her application be accepted and approved?
Has anyone seen or gone through similar scenario?

Please share your opinion and experiences,
Kind regards,
Jeff

 

[number30]

Hi all,
My 485 is pending and could be approved any minute based on the processing times posted on USCIS website. My wife on H4 and I on H1 just arrived in US after getting married and I have sent the filled up application for her to my company. The HR tells me that they will file next week. My concern is if my 485 gets approved before that, what will happen to my wife's status?
I understand that her H4 would be void right away. I have the record of email that I explained this to my company lawyer to file 485 for my spouse asap otherwise she would be out of status.
Will this help in case 485 gets approved before her 485 is applied? Will her application be accepted and approved?
Has anyone seen or gone through similar scenario?

Please share your opinion and experiences,
Kind regards,
Jeff

It should be OK. Upto six months after your approval she will be covered by 245(K).

 

[mmed]

Hi all,
My 485 is pending and could be approved any minute based on the processing times posted on USCIS website. My wife on H4 and I on H1 just arrived in US after getting married and I have sent the filled up application for her to my company. The HR tells me that they will file next week. My concern is if my 485 gets approved before that, what will happen to my wife's status?
I understand that her H4 would be void right away. I have the record of email that I explained this to my company lawyer to file 485 for my spouse asap otherwise she would be out of status.
Will this help in case 485 gets approved before her 485 is applied? Will her application be accepted and approved?
Has anyone seen or gone through similar scenario?

Please share your opinion and experiences,
Kind regards,
Jeff

File I-485 as soon as possible for her, It does not even need a lawyer and once she receive the receipt notice she will be fine.

 

[jefkorn]

Does 245(k) apply to H4 as well?

Thanks a lot for your input. I dug up some information on 245(k) on Attorney Murthy's web site at http://www.murthy.com/adjsta.html It says employment based adjustment of status applicants can benefit from it. So even though my wife would go out of status after the my (primary) 485 get approved, as long as I apply for her 485 as soon as possible she would be eligible for AOS.
I am not going to wait to apply for her AOS application, but just wanted to find out if the scenario occurs, what are my options?

It should be OK. Upto six months after your approval she will be covered by 245(K).