a question about 485 and H4

J

joyo

Registered Users (C)
I filed H4 (F1 to H4) in Oct, 2004. The notice says it takes 100-150 days for processing. So far, I have not heard anything from INS. We recently are planning to file our 485. (My wife's I-140 filed in May, 2004). My question is,

1. My 485 application would effect my H4 application, even cause H4 would be denied.

2. Should I file 485 until H4 has been approved.

Thanks.
 
joyo said:
I filed H4 (F1 to H4) in Oct, 2004. The notice says it takes 100-150 days for processing. So far, I have not heard anything from INS. We recently are planning to file our 485. (My wife's I-140 filed in May, 2004). My question is,

1. My 485 application would effect my H4 application, even cause H4 would be denied.

2. Should I file 485 until H4 has been approved.

Thanks.
Click to expand...
since u r eligible to file 485 based on ur wife's 140, why do u need H4? I suggest that you go ahead and file 485 and dont panic even if H4 is rejected.
 
Thank you for your response. My wife's 140 is still pending. I am concerned that I would be out of status if our 140 is denied, because I don't get the H4 approved.

What 's your opinion?

Thanks
 
joyo said:
Thank you for your response. My wife's 140 is still pending. I am concerned that I would be out of status if our 140 is denied, because I don't get the H4 approved.

What 's your opinion?

Thanks
Click to expand...
if 140 is denied, 485 is also rejected. anyway like mydreamusa suggests u can file for 485 asap.
 
just continuing on this subject. the benefit having H4 (maintaining non-immigrant) status is that if I-140 and/or I-485 is denied, you can continue your lawful stay on your non-immigrant visa. The same is true for H1 holder. And i do not think your H4 could be denied becouse your filing I-485.
Good luck in any way.
 
H-1 and H-4 status ARE NOT AFFECTED by filing a I-485. H status allows you to have dual intent. Non-immigration catagory but you are allowed to apply for GC.
 
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