485 and H-1 visa

sai73

Registered Users (C)
Hi Guys, i have filed for 485 2 yrs back and expecting approval anytime now.I got recntly married and my wife is planning to come very soon on h-4 visa. i am currently on h-1visa for now.i am planning to do consular process for my wife as she can't stay here for around 90 days , till she gets her EAD & A.P.
My question is once my 485 is approved i.e i receive the approval notice, and i go for stamping.
1) when does my h-1 visa becomes invalid, is it the date of approval or the date of stamping?
2) my wife enters on h-4 visa and pretty soon after the arrival ,my 485 is approved, does she lose her h-4 status automatically and within how many days will she have to return back. does she need to return immediatly after the date of approval or after the date of stamping.any problems if she leaves at the earliest after approval,like being out of status etc.

Please help your advise would really appreciated alot
Thanks in advance.
 
sai73 said:
Hi Guys, i have filed for 485 2 yrs back and expecting approval anytime now.I got recntly married and my wife is planning to come very soon on h-4 visa. i am currently on h-1visa for now.i am planning to do consular process for my wife as she can't stay here for around 90 days , till she gets her EAD & A.P.
My question is once my 485 is approved i.e i receive the approval notice, and i go for stamping.
1) when does my h-1 visa becomes invalid, is it the date of approval or the date of stamping?
2) my wife enters on h-4 visa and pretty soon after the arrival ,my 485 is approved, does she lose her h-4 status automatically and within how many days will she have to return back. does she need to return immediatly after the date of approval or after the date of stamping.any problems if she leaves at the earliest after approval,like being out of status etc.

Please help your advise would really appreciated alot
Thanks in advance.

sai73,
If you have not already filed for her adjustment of status/consular processing, please do so without delay. You may end up in an unnecessary soup if your approval comes through before you can act on her adjustment. Your H1 visa validity will end on the day of approval (because it seems when one goes for stamping I551 they put the stamp retroactive from the date of approval!). Also she will never be able to enter on H4 once your approval comes and as you know she can get stuck there for 4-5 years!!

Also assuming she comes here on H4 before your 485 is approved and you opt to do consular processing for her, she will not be able to enter the US again until her immigrant petition is approved which may take a long processing time.

In my opinion, the best option is to have her come over immediately and file for her 485 adjustment and wait for the EAD and AP before she goes out again. I know people have their own situations and may have to act accordingly, but knowing the way USCIS is processing 485 petitions without logic about the timing of application filing, you can get your adjustment and may face a totally different predicament!
 
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