485 Approved - What to do next?

[AwardMyGC]

My friend applied for I-485 back in Dec 2002 and appeared for finger printing on Jun 28 2004. He is in his 7th year H1B extension valid till Aug 22nd 2004 and has valid EAD until Jan 2005 (Never used it). He got married on July 22nd 2004 in India. His wife appeared for H4 Visa interview (Chennai Consulate) on August 4th 2004 and got approved on August 5th 2004(Valid till August 22nd 2004). He and his wife arrived in US on August 12th 2004. While he was getting the paperwork ready to include his wife in 485 pending application and apply for H1B/H4 8th year extension, he received a message from his attorney stating that his I-485 got approved on August 11th 2004.

His question is,

1. Will his wife go out-of-status on August 22nd 2004 because he hasn’t applied for H1B/H4 8th year extension or included her when I-485 was pending?
2. How to handle this situation?
3. Can he apply for F1 Visa in order for her to stay in US?

Thanks in Advance,

AwardMyGC.

 

[pralay]

1. Will his wife go out-of-status on August 22nd 2004 because he hasn’t applied for H1B/H4 8th year extension or included her when I-485 was pending?
2. How to handle this situation?

Technically she is out of status as she did not enter USA and apply I-485 before husband's I-485 approval. I-485 invalidates husband's H1 and wife's H4 automatically. Talk to your lawyer to explore the possibilities. But there are provisions when a spouse can stay as long as she entered USA with valid visa. I am not sure whether she can apply for her I-485 anymore. As you got married before I-485 approval, the option now you have, I guess, is applying for consular follow-to-join process.

3. Can he apply for F1 Visa in order for her to stay in US?

Yes, she can - if she is eligible and gets opportunity.

 

[AwardMyGC]

pralay,

I really appreciate you for replying promptly.


you wrote: Technically she is out of status as she did not enter USA and apply I-485 before husband's I-485 approval.

Actually my friend's wife is already in US. If you read through my earlier posting, she came into US on August 12th 2004. That's true he hasn't applied AOS for her before his approval.

Please enlighten me, what is follow-to-join? Is is more like consular processing. Can he apply the same from here?

Thanks

AwardMyGC