Can I file I485 for my wife ??

gceeker05

Registered Users (C)
I am in EB3 category and filed AOS for myself. I have got my EAD and I140 approved. Recently got married and wife is in H4 valid until Jan 2006.
Now based on my status, can I apply AOS for my wife or I will have to wait till my priority date is available.

Thanks
 
Buddy
You cannot file AOS for your wife until u meet the PD.
You have extend H1/H4 in case AOS is not filed so that you and your
spouse will be having H1/H4 status.
Simple :You have to maintain your H1 status .
 
gceeker05 said:
I am in EB3 category and filed AOS for myself. I have got my EAD and I140 approved. Recently got married and wife is in H4 valid until Jan 2006.
Now based on my status, can I apply AOS for my wife or I will have to wait till my priority date is available.

Thanks

What is ur PD?

New retrogression wil be affected on Oct 1st,

I beleive Before Oct 1st, and if your PD is current but v-no are unavailable(check June 05 v-bulletin), I believe they would accept if ur 485 arrives in mail room on Sep 30.

if u qualify on PD and her medical is not ready, just send it immidiately by overnigh USPS.

Good Luck
 
POJ,

First of all, a clarification.. It is not me but a friend of mine who is visiting this forum for first time and has used my id to post this one.. (I am sure there would be couple of people opeining their jaw with this posting , not so lucky to be married now as i got this opportunity once and i feel it is enough. )..

Now back to your reply.. it seems that he may not have any other options other then maintaining his H1 as he is EB3 and visa #s are unavailable.Currently we are exploring the possibilities of converting his wife's status from dependent visa to any other visa (F1 or H1) . The last opton is to continue to maintain the H1 and live a life . Any other ideas ?.



PrinceofJungle said:
What is ur PD?

New retrogression wil be affected on Oct 1st,

I beleive Before Oct 1st, and if your PD is current but v-no are unavailable(check June 05 v-bulletin), I believe they would accept if ur 485 arrives in mail room on Sep 30.

if u qualify on PD and her medical is not ready, just send it immidiately by overnigh USPS.

Good Luck
 
Last edited by a moderator:
gceeker05 said:
POJ,

First of all, a clarification.. It is not me but a friend of mine who is visiting this forum for first time and has used my id to post this one.. (I am sure there would be couple of people opeining their jaw with this posting , not so lucky to be married now as i got this opportunity once and i feel it is enough. )..

Now back to your reply.. it seems that he may not have any other options other then maintaining his H1 as he is EB3 and visa #s are unavailable.Currently we are exploring the possibilities of converting his wife's status from dependent visa to any other visa (F1 or H1) . The last opton is to continue to maintain the H1 and live a life . Any other ideas ?.

If you convert to H1 be sure that she wil be on job. Later she may get RFE for W2.
 
Top