Dear UnitedNations, please help me

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Registered Users (C)
Dear unitednations,

I head a lot of good things about you. Thank you for your kindness.

I wish you could read this measage and give me some insights.

My wife filed her I-140 and I-485 currently in March of 2004. Her H4 was valid up tilll 08/30/2004. However, she started using her EAD in July of 2004 and did not renew her H4 together with me. So she lost her 'non-immigrant status' after August of 2004.

Her first I-485 was denied due to lack of VisaScreen. But she filed her second I-485 immediately. She may be protected by 245(k). She still maintained her legal status on 485 pending.

She did not want to pass Test of Spoken English (she failed twice). Therefore she wanted to file a new I-485 as a dependent on mine 485 (with a visa number ready in this April). Could she have two I-485? I have obtained different answers on this.

This is the real problem. My lawyer said that she is not eligible to file her I-485 with me since a person needs to be on non-immigrant status to file I-485 (my wife failed to maintain her non-immigrant status). Is this true? My lawyer wanted her to leave US and come back on H4. Is this risky? (I have about one year on H1B and she may be asked whether she applied for GC when she tries to obtain her H4).

Could we just file her I-485 with me? How risky is this?

I appreciate your advice.

Sincerely yours,
 
If the second I-485 is pending then she should amend it to reflect that she is filing as a derivative beneficiary of your I-140/I-485, and she should NOT file a new I-485.

The fact that she has an I-485 pending will not cause any difficulty if she applies for an H-4.
 
thanks and different categories

Hello, TheRealCanadian,

Thank you for your insight.

My wife is on Schedule A, mine is labor EB2. Is interfiling fine with different categories?

She has applied EAD three times.

Regards,
 
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