485 Filing - Spouse is on H1, in India waiting for security Clearance

M

mona10in

New Member
Hi,

I am getting mixed answers for my question. Anyone of you please reply.

My PD is Sep,2005 and my spouse is in H1 in India waiting for security clearance. Got into this when he had gone to India for h1b stamping.

Now with the recent current dates, I can file for 485 in July.

I am afraid that there are chances he may lose his job because of the delay in admin processing, and so would like to keep my H1 so I can get him on H4.

With this situation, I am concerned that my 485 might get approved in say next 4-5 months, and the time when he would get the security clearance is unknown..Sometimes I heard it even takes upto a year.

So what should I do? File or not file? Or wait to file till he comes back? Or file and when can I add him as a derivative? Can i add him after I get approved? How does it work?

Pls reply.
 
Basically, I have heard about some 245k and if spouse enters US before it gets approved, then they have 180 days from date of approval to get added.. What is this?

Ginnu pls enlighten us.
 
mona10in said:
Hi,

I am getting mixed answers for my question. Anyone of you please reply.

My PD is Sep,2005 and my spouse is in H1 in India waiting for security clearance. Got into this when he had gone to India for h1b stamping.

Now with the recent current dates, I can file for 485 in July.

I am afraid that there are chances he may lose his job because of the delay in admin processing, and so would like to keep my H1 so I can get him on H4.
------correct you remain on H1 status
With this situation, I am concerned that my 485 might get approved in say next 4-5 months,
------------------if you file I-485 now I dont think I-485 will be approved in 6 months. it is expected that PD will again have cut off dates in september and I-485 cant be approved if PD is not current

and the time when he would get the security clearance is unknown..Sometimes I heard it even takes upto a year.

So what should I do? File or not file?
--------------------file your I-485 ( better also file EAD AP with I-485 as the fee is going to increase for all the petitions on july 30)
Or wait to file till he comes back?
-------------- file your I-485, EAD AP ( dont use EAD and remain on H1 status so that if any problem he can get H4 and file his I-485
Or file and when can I add him as a derivative?

Can i add him after I get approved?
--He can file his I-485 before your I-485 is approved.

Pls reply.
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