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Apply for 485 while you are outside the US
- Thread starter toprasad
- Start date
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Registered Users (C)
If you are eligible to apply for I-485, why bother resetting H1B clock?
Get her here. Apply for I-485. Get her EAD and start job search.
Get her here. Apply for I-485. Get her EAD and start job search.
toprasad said:Wife staying in India for a year to reset clock on H1B (6 yrs complete)
She is currently on a valid dependent visa
Can I apply for her 485 while she is outside the country
-------NO
My attorney believes it can be done
------------------- you dont apply her I-485, she need to be in US to apply her I-485.Lawyer is gving wrong info
any thoughts/experiences?
You cannot apply for I-485 if the person is not in US. It requires an valid I-94.toprasad said:She is currently on a valid dependent visa
If she has dependent Visa bring here immidiatly and apply for I-485 Provided your priority dates are current. You should not wait.
number30 said:You cannot apply for I-485 if the person is not in US. It requires an valid I-94.
If she has dependent Visa bring here immidiatly and apply for I-485 Provided your priority dates are current. You should not wait.
She has already been there for 7 months.
Yes, the priority dates are current.
On a side note, can I apply and add her later to gain some time?
toprasad said:She has already been there for 7 months.
------------ to file I-485 she need to be in US at the time of filing her I-485
Yes, the priority dates are current.
-------------let her come to US and file her I-485
On a side note, can I apply and add her later to gain some time?
--------------You can apply YOUR I-485,EAD AP if your PD is current. She can file later but if your PD at that time when she comes to US is not current she cant file her I-485 and in that case you have to maintain H1 status so that she can come to US on H4 and will be able to file her I-485 when the PD for you is current. nobody knows how the PD are going to move.
** it is better to file Primary I-485 and dervative spouse I-485 at same time .