Green Card Approved ,I am concern ,HELP !!!

[Faith2005]

Hello All,

MY green card is approved.Usually it's a moment of joy but my case is different. My Priority date was in 2003.Got current this month.My wife arrived in US after dates got retrogressed.SO Unfortunately she is on H4 .My attorney could not file her 485 in last two weeks and I am in big Fix.

Please let me know ....

1) a)Does her H4 status expires today as I got 485 appoved today.In this case b) Does she has to go back to India? when? Does USCIS provides any timeframe ?
2) When she will be able to file her 485/ EAD ?
3) what other options I may have to keep her here with me ...

I will appreciate if you can suggest me a way to get out of this situation.
Thanks all for your time in advance.

Green

 

[Sun07]

Hello:

I think you should be fine. I am 99% sure but you should still check with your attorney.

1. Yes if she is on H4 and you got your GC, she today technically is out if status. But as per law she can be out of status for upto 180 days and she can still apply for I-485

2. If you two got married before your GC, she is eligible to file I-485. This is a grey area and you need to get legal advice. I read at some places that she should have applied for I-485 prior to your approval but not sure. You need to asap file her AOS and getting a receipt would be your peace of mind.

3. No other options my freind. You cant go back to H1 and if she applies thru family visa, wait is endless.

I would say do not worry too much. Enjoy your GC status, get your lawyer file her AOS asap

Good luck!