H1b got 485 approved but...

[ER N]

What happens if H1b got his/her 485 approved and there was no 485 filed for the H4 dependents?

 

[GotPR?]

H4 is out of status.

 

[ginnu]

H4 is out of status.

H4 becomes invalid the date H1 holder got I-485 approved but if H4 are in US they can still file I-485 (245K) and H4 holder should not be out of status more than 180 days.

 

[Triple Citizen]

Just curious, why did the H4 dependents not have their I-485s in the works? Marriage occured after your I-485 was filed?

What happens if H1b got his/her 485 approved and there was no 485 filed for the H4 dependents?

 

[ER N]

I dont exactly know why.
So far we have only received receipts for my dad's I-140 and 485.
i just hate our lawyer.... i really think taht hes trying to get as much money as he can from us... ugh....

H4 becomes invalid the date H1 holder got I-485 approved but if H4 are in US they can still file I-485 (245K) and H4 holder should not be out of status more than 180 days.

can u elaborate more on how to do this? what do you mean bout 245k?

 

[GotPR?]

can u elaborate more on how to do this? what do you mean bout 245k?

http://www.uscis.gov/propub/DocView/slbid/1/2/83

(k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--


(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;


(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--


(A) failed to maintain, continuously, a lawful status;


(B) engaged in unauthorized employment; or


(C) otherwise violated the terms and conditions of the alien's admission.

 

[ER N]

thanks!!
just to be clear here.

lets say the H1's 485 got approved. as long as 180 days do not pass after H4's out of status, H4's can apply for the 485. When they get our 485 and it becomes pending, H4's can lawfully stay in the U.S.?

thanks alot for your help!!

 

[GotPR?]

thanks!!
just to be clear here.

lets say the H1's 485 got approved. as long as 180 days do not pass after H4's out of status, H4's can apply for the 485. When they get our 485 and it becomes pending, H4's can lawfully stay in the U.S.?

thanks alot for your help!!

Correct.

 

[ER N]

Thank you so much for your help!!
def gnna stay active in these forums