485 filing for wife is rejected ! Please suggest alternative!

vikingz999

New Member
Hi experts,

I filed my i140 & i485 in last year's june july when all dates were current.
My i140 and i485 is currently in pending status. My Priority date is March 2007.

I got married AFTER i filed i140 & i485...me and wife are on h1-b/h4 status right now....and when i filed for my wife's 485 ..DHS returned the application saying "visa # is not available"

I called them up and they said "wait and watch for the priority dates to get current"

Is there a workaround?

I know the priority dates are super-slow and by the time i get my 140/485 approved , the priority dates would still not be current hence my wife will never be able to apply for her 485. As per the processing times page of USCIS Texas i140 is August 2007 and i485 is June 2007 and my case was received in october 2007.

Please help experts !!!

Please please help...im lost i dont know what to do !!!!!!!!!!!!!
 
I know the priority dates are super-slow and by the time i get my 140/485 approved , the priority dates would still not be current

If your priority date is not current, your I-485 will not be approved.

Wait for your PD to become current, then file your wife's I-485. Not before.
 
But what I was able to file i485 because the dates were current !
Do the priority dates need to be current again for the 485 to be approved?


Please dont get me wrong...I am overriding what you said...just making sure i understood what you said.
Thank you for your help Sir !
 
But what I was able to file i485 because the dates were current !
Do the priority dates need to be current again for the 485 to be approved?
Yes. Once retrogression happens, you have to wait for the PD to become current again before they will approve your case.
 
....
You should be ok.

Hypothetically there is a chance not to be OK for him or for her.

For example he says that him and his wife is currently on H1/H4, what if in the mean time he has to jump to EAD and start working for new employer using EAD ?

His H1 is not valid anymore, accordingly her H4 is not valid either, she presumably she has valid I-94 and does not accumulate illegal presence ... but what if her I-94 is expired (while he is on EAD) and his PD is not current yet ??????

Or his I-485 is approved and his wife due to some reasones did not file I-485 in time again as dependant and his PD became not current again ?????
 
Hypothetically there is a chance not to be OK for him or for her. For example he says that him and his wife is currently on H1/H4, what if in the mean time he has to jump to EAD and start working for new employer using EAD ? His H1 is not valid anymore, accordingly her H4 is not valid either, she presumably she has valid I-94 and does not accumulate illegal presence ... but what if her I-94 is expired (while he is on EAD) and his PD is not current yet ??????

That would be a problem, especially if that period exceeded 180 days.

Or his I-485 is approved and his wife due to some reasones did not file I-485 in time again as dependant and his PD became not current again ?????

That would be a problem, but not exactly relevant. We can't control if they file the paperwork or not.
 
But what I was able to file i485 because the dates were current !
Do the priority dates need to be current again for the 485 to be approved?


Please dont get me wrong...I am overriding what you said...just making sure i understood what you said.
Thank you for your help Sir !

That is right, for I485 to be approved (your case) or applied for (your wife), the dates must be current. Because of that, watch the PD very closely and if become current, apply for your wife. Because by then there is chance at that time that your case will be approved.
 
Hi experts,

I filed my i140 & i485 in last year's june july when all dates were current.
My i140 and i485 is currently in pending status. My Priority date is March 2007.

I got married AFTER i filed i140 & i485...me and wife are on h1-b/h4 status right now....and when i filed for my wife's 485 ..DHS returned the application saying "visa # is not available"

I called them up and they said "wait and watch for the priority dates to get current"

Is there a workaround?

I know the priority dates are super-slow and by the time i get my 140/485 approved , the priority dates would still not be current hence my wife will never be able to apply for her 485. As per the processing times page of USCIS Texas i140 is August 2007 and i485 is June 2007 and my case was received in october 2007.

Please help experts !!!

Please please help...im lost i dont know what to do !!!!!!!!!!!!!




Did they just return the application OR they accepted the application and sent a "Denial Letter?

Did you send a check with the application, Did they take your money?
 
They returned the Application and the check( no money charged to me).
They stated "Visa Number(s) not available".

I have been told to keep trying as they might have some visa #s available and still show PD retrogressed/ or visa # not available on the websites. You never know you might get lucky.
any ideas?
 
I have been told to keep trying as they might have some visa #s available and still show PD retrogressed/ or visa # not available on the websites. You never know you might get lucky. any ideas?

That's a particularly bad idea. They go by the priority dates in the mailroom, nothing else.
 
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