can I file 485 for spouse while priority dates are retrogressed?

K

kae_jolie

Registered Users (C)
Hi,
I got married recently and would like to file 485 for my wife. She is currently on H-4. My priority date is retrogressed for a whole year now. I have 485 pending. Can I apply for her 485 now or wait until priority date is current? The problem is: when priority date becomes current, I worry that my 485 will be processed quickly since they will be processing applications with receipt dates way past my application's receipt date.

Also, if I invoke AC21 and start working on EAD, would this invalidate her H-4, since I will lose my H-1 status when I start working on EAD?

Thank you.
 
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kae_jolie said:
The problem is: when priority date becomes current, I worry that my 485 will be processed quickly since they will be processing applications with receipt dates way past my application's receipt date.
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To add to what UN says, even if your I-485 is approved the first day your PD becomes current, it doesn't matter. Your spouse's I-485 can be filed even if yours is already approved, so long as your PD is current and she has not been out of non-immigrant status for 180 days.
 
so should I understand from what you just said, that even if I have EAD, I shouldn't transfer jobs because my wife then would lose her H-4 status because I would lose my H-1 status? hmmm....
 
kae_jolie said:
so should I understand from what you just said, that even if I have EAD, I shouldn't transfer jobs because my wife then would lose her H-4 status because I would lose my H-1 status? hmmm....
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That is accurate. I would not switch using the EAD until your PD becomes current and your wife files an I-485.
 
thank you, therealcanadian,

Let's say I keep my existing job, but have another contracting job on the side. I will keep getting paystubs from my H1-B sponsor. Would I still be on H-1 status and my wife on H-4 status?

Thx.
 
kae_jolie said:
Let's say I keep my existing job, but have another contracting job on the side. I will keep getting paystubs from my H1-B sponsor. Would I still be on H-1 status and my wife on H-4 status?
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No. Taking a second job toasts your H-1 just like switching your first job, unless your second job files an H-1 petition for you.
 
thx, therealcanadian,

let's say I keep my first job with the H1-B sponsoring employer and don't use EAD, but use AP instead of H1-B to enter the country, would this toast my H1-B, as well?

Also, let's say I switch my job to another employer that will do another H1-B for me even though I don't need it, will my wife have to go out of the country to get an H1-B stamped for the new employer? Let's say she doesn't but I think if she travels outside US, she needs to get a stamp for my new employer, correct?

Thanks a lot.
 
Also, wouldn't I be invoking the AC21 laws when I change employers while 485 is pending, even if the new employer does a new H1-B for me, or not? This is a tricky one.

Thx.
 
un, what I mentioned in the scenarios is exactly what I meant. If I transfer to another employer, I will ask them to transfer my H1-B, even though I don't personally need it. It would be to maintain my wife's H-4 status. I just wanted to verify that this would be doable.

Also, as far as your friends' wives being stuck back home because visa retrogression, why didn't they bring their wives on H-4? Or did they use their EAD and lost their H-1B status?

Thanks.
 
Urgent Question related to being recently married:

Do I have to inform USCIS that I am married now? I know I have to inform them when I change my mailing address.

Thank you.
 
kae_jolie said:
If I transfer to another employer, I will ask them to transfer my H1-B, even though I don't personally need it. It would be to maintain my wife's H-4 status. I just wanted to verify that this would be doable.
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Yup. That's the right way to do it.

Also, as far as your friends' wives being stuck back home because visa retrogression, why didn't they bring their wives on H-4? Or did they use their EAD and lost their H-1B status?
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I would believe it's the latter scenario.
 
But you said before "she would have upto six months to file 485 since her h-4 would be gone once your greencard gets approved.." so why couldn't their wives apply even after their greencard got approved?

Also, when you say they got their greencard approved, you mean they got their 485 approved? or is greencard a step after 485?

Thanks.
 
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