485 derivative

M

maansi28

Registered Users (C)
Can someone please help/refer me to a link that has this info:


Due to some extenuating resons, I am not filing my 485 (altho' my 140 has been approved in EB2).
My husband also has his I140 approved (EB3) and he is going ahead and filing for his 485. I plan to jump on to his 485/GC processing at the appropriate time (both of us have H1 till 2009).

My q is -- when can I make this switch over to his 485? (We both plan to work after that, i.e., no one will be a dependent on the other). Are there any complications / issues that need to be taken into care?

Any help is much appreciated
M
 
You can switch over to your husband's I-485 when:

1. Your husband received the Recipt notice.
2. Your husband's priority date is current.

When the PD will become current you have to hurry, the pending I-485 should not get approved before you apply.
 
as an earlier poster pointed out your husbands PD will need to be current for you to join his application. Why dont you file your 485 right now with his? You can still continue working on your H1 even after filing the 485.
 
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