Can spouse(H4) file 485 later

badla

Registered Users (C)
Hi everyone,
I was wondering if any of you could give me any insight about my situation.

Recently my PERM has been approved under Eb2 and
planning to prepare all the documents to file i140 and
485 but my spouse is currently in the native
and will be back after few months.
Question is : If I (h1b) apply right now i-140 and 485
together, do you think my spouse (H4 visa valid till
march 2007) would be able to file of her own once she
is back after three months; as the PERM approval
letter will be sent with the my filing application?
Is there any restrictions of time-frame?
Any suggestion? Thanks for your attention. :confused:
 
badla said:
Hi everyone,
I was wondering if any of you could give me any insight about my situation.

Recently my PERM has been approved under Eb2 and
planning to prepare all the documents to file i140 and
485 but my spouse is currently in the native
and will be back after few months.
Question is : If I (h1b) apply right now i-140 and 485
together, do you think my spouse (H4 visa valid till
march 2007) would be able to file of her own once she
is back after three months; as the PERM approval
letter will be sent with the my filing application?
Is there any restrictions of time-frame?
Any suggestion? Thanks for your attention. :confused:

Yes She can apply later. As long as you are on H1 there should not be any problem.
 
number30 said:
Yes She can apply later. As long as you are on H1 there should not be any problem.


Not too sure this is a good option to apply seperately....What If your 485 is approved even before she is back here in US..Then she will lose her H4 status as you are not on H1 any more and also...she will have to get the GC stamped outside the country to enter...

Talk to an attorney and explore all options including Consular Processing.
 
Top