Hadron/Other Gurus please comment

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docboston

Registered Users (C)
My wife is getting ready to file I485 on basis of approved NIW I 140. Can I file I485 as her dependent, even before my 3 years of waiver are done?
 
docboston said:
My wife is getting ready to file I485 on basis of approved NIW I 140. Can I file I485 as her dependent, even before my 3 years of waiver are done?
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I'm no guru but I'm afraid you have to complete your waiver before you can apply for adjustment of status I-485. If you do before that, you're risking to have 3 yr HRR slapped on you again.
 
ya, u r right.
I think uscis is allowing Indians and others affected by retrogression to file I485 till Aug 17th. hopefully atleast mywife will beable to get AP/EAD.
Any more infor regarding locums?
 
Pl. check with lawyer as for NIW you may be able to file as dependant as one can file 485 for NIW even when doing a waiver job while one can not do so through labor so rules are different for NIW.
 
If I understand correctly, she has an NIW through something else than service in an underserved area.

You are able to file 485 with a underserved NIW before you finish your waiver, but that is the only exemption.
 
Quicj background. Me and my wife are both physicians. I was on J1, she completed her training on J2 EAD. I got waiver, she changed to H4 and then to H1B, working in underserved area. Her I140 (NIW) got approved on July 20th. Her NIW is also physician working in underserved area kind. She just filed I 485, I didnt file with her. Theoritically, Can i file I 485 on the basis of her physician NIW and me being her dependent even before my 3 yrs are up? I know I can file I485 if i get approved for my own NIW, but can I also do it if the NIW is my wifes?.
 
I-485 filing

Hello docboston,

You seem to be in the exact situation that I am/was in. My wife filed for I-485 based on NIW. Her lawyer filed for me as well. But later, after consulting some other lawyers, were told that this was incorrect. I subsequently withdrew my I-485 successfully. The short answer to your question is - No, dont file for AOS based on your wife's NIW.
 
docboston said:
Quicj background. Me and my wife are both physicians. I was on J1, she completed her training on J2 EAD. I got waiver, she changed to H4 and then to H1B, working in underserved area. Her I140 (NIW) got approved on July 20th. Her NIW is also physician working in underserved area kind. She just filed I 485, I didnt file with her. Theoritically, Can i file I 485 on the basis of her physician NIW and me being her dependent even before my 3 yrs are up? I know I can file I485 if i get approved for my own NIW, but can I also do it if the NIW is my wifes?.
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I don't think that that is allowed. While I don't know a particular reference for this, I believe that the exemption from the 3 year block from filing I485 is purely for an NIW based on your own underserved area service.
 
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