Does applying (not approval) for I485 affect H4 for my wife

[pdesai1]

Hello All,

Due to the current change in the priority date, I will be concurrently filing my I140/I485 in July 07. I will be getting married in Nov 07.

I wanted to know if my applying (not approval) for 485 affect my wife's chances of getting an H4 visa in Dec (after marriage). Since, I believe that she has to be here in the U.S. on H4 before I can add her to my 485 as a dependent.

Also, is it safe enough to assume that my 485 approval will take longer than Dec 07, so that I can add her to my 485 after she comes here.

Thanks for your time.

 

[ginnu]

Hello All,

Due to the current change in the priority date, I will be concurrently filing my I140/I485 in July 07.

I will be getting married in Nov 07.
----remain on H1
I wanted to know if my applying (not approval) for 485 affect my wife's chances of getting an H4 visa in Dec (after marriage).
---------------------if you remain on H1 status then she can get H4
Since, I believe that she has to be here in the U.S. on H4 before I can add her to my 485 as a dependent.
----------------- she need to be in US on valid status to file her I-485(you cant add her She has to file her I-485 and sign her papers when she is in US and if your PD is current at that time)
Also, is it safe enough to assume that my 485 approval will take longer than Dec 07, so that I can add her to my 485 after she comes here.
----------------------- It seems USCIS is going to take more than 6 months to approve I-485 and it is also expected that PD will again retrogress in August/September and she can only file her I-485 when again your PD becomes current and till that time YOU need to maintain H1 status (don’t use EAD file H1 extensions on time)) and she need to maintain H4 status

Thanks for your time.

----------------

 

[pdesai1]

thanks for the prompt reply !

you say my PD again needs to current for her to apply, but I thought that it will be current in July, so doesnt that apply to her 485 ? so cant she apply for her I485 immediately after coming here in Dec e.g. even if the dates retrogress in aug ?

My labor just got approved in March 07, so I am guessing thats my PD, so if the dates retrogress in Aug to say Apr 2004 ... then does she have to wait for ~3 yrs before filing for 485 assuming the dates moves by a day everyday.

 

[ginnu]

thanks for the prompt reply !

you say my PD again needs to current for her to apply,
---------------------YES
but I thought that it will be current in July, so doesnt that apply to her 485 ?
----------------you Plan to marry in in Nov 07 then she will apply for H4 and then she will come to US nobody knows if your PD will be current in December/Jan ( I think PD will have cut off dates in September)
so cant she apply for her I485 immediately after coming here in Dec e.g. even if the dates retrogress in aug ?
------------------NO, your PD must be current at that time
My labor just got approved in March 07, so I am guessing thats my PD, so if the dates retrogress in Aug to say Apr 2004 ... then does she have to wait for ~3 yrs before filing for 485
-----------------------YES, she has to wait when again your PD becomes current to file her I-485
assuming the dates moves by a day everyday.

-------------------------- nobody can say how the PD or Cut off dates will be in September or october .

 

[pdesai1]

hmm ... that sucks! So she can't even apply for EAD till my dates become current, right ?

Also, what if my 485 gets approved before my PD becomes current and she can apply for 485. Would she then have to apply in the family based category ?

Lastly, if I can manage to get her on H4 before Aug, assuming the dates stay current in Aug, and apply for 485 in aug along with her, would that be a better option, or is it risking even my 485 ?

thanks

 

[TheRealCanadian]

Also, what if my 485 gets approved before my PD becomes current and she can apply for 485.

Your I-485 CANNOT be approved if your PD is not current.

Lastly, if I can manage to get her on H4 before Aug, assuming the dates stay current in Aug, and apply for 485 in aug along with her, would that be a better option, or is it risking even my 485 ?

How would getting married risk your I-485?

 

[ginnu]

hmm ... that sucks! So she can't even apply for EAD till my dates become current, right ?
----correct
Also, what if my 485 gets approved before my PD becomes current
----------------I-485 can be approved only if PD is current

and she can apply for 485. Would she then have to apply in the family based category ?

Lastly, if I can manage to get her on H4 before Aug, assuming the dates stay current in Aug, and apply for 485 in aug along with her, would that be a better option, or is it risking even my 485 ?
-------------------------file YOUR I-485 EAD AP NOW, nobody knows about the PD status in August
thanks

-----------------------

 

[pdesai1]

----------------I-485 can be approved only if PD is current

Your I-485 CANNOT be approved if your PD is not current.

I dont understand the process well enough ... but hear me out, in july the dates are current so I can apply for 485, so I could get an approval in say 6-8months. But as mentioned earlier, the dates will retrogress in aug/sep, wouldnt then there will be case where my PD is not current (due to retrogression, for my wife's 485) and I could still get 485 approval ?

what am I missing here ...

 

[ginnu]

I dont understand the process well enough ... but hear me out, in july the dates are current so I can apply for 485,
--correct, you can apply
so I could get an approval in say 6-8months.
-----------------------ONLY IF THE PD for you remain current in next 6-8 months. IF PD cut off date announced in August/september then I-485 will be approved when again PD for you becomes current
But as mentioned earlier, the dates will retrogress in aug/sep, wouldnt then there will be case where my PD is not current (due to retrogression, for my wife's 485) and I could still get 485 approval ?
--------------------- If the PD is not current your I-485 cant be approved it will be pending. you are mixing filing I-485 and I-485 approval at the time of filing I-485 PD need to be current and at the time of I-485 approval PD need to be current. to file I-485 you need your PD current and for I-485 approval USCIS need your PD current at that time. if you dont understand then go to your lawyer and he/she may Enlighten you what is PD and how PD is important for I-485 filing and why USCIS need PD current to approve the I-485
what am I missing here ...

-------------------------------

 

[pdesai1]

--------------------- If the PD is not current your I-485 cant be approved it will be pending. you are mixing filing I-485 and I-485 approval at the time of filing I-485 PD need to be current and at the time of I-485 approval PD need to be current. to file I-485 you need your PD current and for I-485 approval USCIS need your PD current at that time. if you dont understand then go to your lawyer and he/she may Enlighten you what is PD and how PD is important for I-485 filing and why USCIS need PD current to approve the I-485

Ah! I see ... I thought that once u file for 485, u are done, irrespective of what happens with retrogression. So, I guess EAD is the only advantage of this July break that some of us are getting.

thanks for all your help !

 

[gcman9]

Ginnu, TheRealCanadian,

What will happen if Primay applicant's I-485 approved and spouse, who is on H4, about to file I-485?

what are all the options?

Thanks,
gcman

 

[TheRealCanadian]

What will happen if Primay applicant's I-485 approved and spouse, who is on H4, about to file I-485?

If the spouse entered the US in H-4 status prior to the approval and it's an EB case, 245k allows her to file the I-485 up to 180 days after the primary applicant was approved.

 

[pdesai1]

If the spouse entered the US in H-4 status prior to the approval and it's an EB case, 245k allows her to file the I-485 up to 180 days after the primary applicant was approved.

Ah! i see ... that was my concern too ... what is 245k ... ?

thanks a lot !

 

[delhi2dallas]

Hi

I am in similar situation - I am single, LC priority date is Jan06. I-140 got approved in Oct06.

From the above postings, it appears that whenever my spouse arrives in USA (expected Dec07), the retrogression wouldnot allow her to File I-485 until Jan06 becomes current. Also, she would not be able to get EAD to work in US.

I checked on another forum, that adviced not to use EAD while I-485 is pending for myself, because a denial on I-485 will force me to leave the country.

Then may I ask the experts, what is the use of me filing for I-485 in July07 immediately. Please advice + educate me if I am missing something?

Thanks,
-delhi2dallas

 

[TheRealCanadian]

I checked on another forum, that adviced not to use EAD while I-485 is pending for myself, because a denial on I-485 will force me to leave the country.

While they're technically correct, in the vast majority of cases I-485 denials do not happen, epsecially if the I-140 is approved. Their advice is much like saying you shouldn't have a long commute because your risk of a fatal car accident goes up. The real reason you do NOT want to use your EAD until your wife's I-485 is filed is that by losing your H-1 status, she goes out of status.

Then may I ask the experts, what is the use of me filing for I-485 in July07 immediately.

It gets you in the I-485 queue, and gives you AC21 relief after 180 days. Both are excellent reasons to file.

 

[another_fella]

Question to Ginnu and TheRealCanadian

Ginnu, TheRealCanadian

I have couple of questions, on which I would highly appreciate your views.

1. Is there a minimum validity period (like 6 months) for the passport while filing 485? The reason I ask that is my wife's passport is valid up to Oct 2007, and we are in the process of getting it renewed. If the passport needs to be valid beyond Oct 2007, then I start looking into ways to get the renewal expedited and get the new one for 485 filing.

2. My wife's H4 extension (it expired in May 09, 2007) has been filed along with my H1 extension in April 2007, but we had received receipt only for H1 extension. For some strange reason USCIS has returned the check that was sent in for H4 extension, saying the fee is not required, and they listed me as the beneficiary on the notice that was sent to us along with the check. When I called USCIS, they suggested that we re-file the H4 with a letter explaining what happened and a copy of the original returned H4 Fee check and the letter from USCIS.

I am trying to talk to the company attorney to get this re-filed, but with all the 485 mad rush I haven't heard back anything from them. Do you guys suggest that we re-file the H4 extension our self or go through the attorney? If we are filing it by our self, can you help with the any other things that need to be kept in mind while doing so?

With the H4 Extension re-filing and all, should we continue and file 485 for her without waiting for the H4 receipt?

Thanks for any suggestions and for taking your time to read through this.