H4 and 485 approval

I

imkiran.timsina

New Member
My wife came to US in H4 visa while my 485 was under processing. My RFE for 485 got processed so fast that we could not file 485 for her. My card is on the way per USCIS. Does my wife go out of status? What can I do to prevent her from being deported?
 
Why ask for advice when you continue to willfully ignore it in the past?

Didn't this forum advice you to have her undergo CP?
 
imkiran.timsina said:
My wife came to US in H4 visa while my 485 was under processing. My RFE for 485 got processed so fast that we could not file 485 for her. My card is on the way per USCIS. Does my wife go out of status? What can I do to prevent her from being deported?
Click to expand...
Assuming you immigrated in an employment-based category, if it's been less than 180 days since your I-485 was approved, she should be able to file I-485 now (if your PD is current for your category now). Under INA 245(k), people in employment-based categories can do Adjustment of Status despite being out of status as long as they haven't been out of status or working illegally for 180 days since the most recent admission.
 
newacct said:
Assuming you immigrated in an employment-based category, if it's been less than 180 days since your I-485 was approved, she should be able to file I-485 now (if your PD is current for your category now). Under INA 245(k), people in employment-based categories can do Adjustment of Status despite being out of status as long as they haven't been out of status or working illegally for 180 days since the most recent admission.
Click to expand...
How to know if June 20, 2017 is current or not?
 
Just to make sure I'm reading the bulletin right, my priority date is June 20, 2017, I'm from Nepal and we filed under EB2 category, I'm reading at:

EMPLOYMENT-BASED PREFERENCES
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
Employment- based 2nd has a status of 'C' for countries included in "All Chargeability Areas Except Those Listed".
And it says that "The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date."

Am I looking at the right place?
Does this mean my wife's 485 petition could be accepted?
 
imkiran.timsina said:
How to know if June 20, 2017 is current or not?
Click to expand...
For determining whether you can file I-485, look at USCIS's chart here.

imkiran.timsina said:
Just to make sure I'm reading the bulletin right, my priority date is June 20, 2017, I'm from Nepal and we filed under EB2 category, I'm reading at:

EMPLOYMENT-BASED PREFERENCES
B. DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS
Employment- based 2nd has a status of 'C' for countries included in "All Chargeability Areas Except Those Listed".
And it says that "The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date."

Am I looking at the right place?
Does this mean my wife's 485 petition could be accepted?
Click to expand...
Don't look at the two Department of State charts. USCIS chooses one of those charts every month, and it's the one USCIS chooses that counts. Anyway, if you or your wife was born in Nepal, she can file I-485 this month.
 
To wrap this up, does a 485 receipt confirm that they have accepted the application or do I need to wait for biometrics or worst case possibly a denial letter?
 
imkiran.timsina said:
To wrap this up, does a 485 receipt confirm that they have accepted the application or do I need to wait for biometrics or worst case possibly a denial letter?
Click to expand...
A receipt confirms the application was received; it doesn't confirm she is eligible. If she is not eligible she can be denied at any time, early or late.
 
You must log in or register to reply here.
Top