I-485 for H4 dependent

P

per123

Registered Users (C)
Hi!

Currently I'm on H1-B visa and my husband on H4. Currently preparing for I-140 NIW and I-485.
My question is: Since I'm planning to stay on H1-B (not planning to use EAD) untill my I-140 is approved, if we want to file also I-485 (but only for my husband) can I just do it for my husband so he can get EAD and work while we are waiting.
If we want to do I-485 for my husband do we have to apply both or just him. I'm asking that because fees are killing me, just in case that our I-140 is not approved that we don't lose that much money.

Thank you
 
If you are from retrogressed country, you have no choice but to wait for dates to become current until you apply for 485 for either. If you are not, I don't think you can apply for 485 only for husband, as he will be a derivative of your case.
 
If you are unsure about your I-140 just wait with it. If you are confident, and you are current, file everything at the same time. You can stay on your H1, and your dependent can switch to EAD. Getting the H4 visa back in case your I-140 gets denied is easy. Reinstating the H1B is much harder, so you should stay on that if possible. If your dependent works you make the money back in notime.
 
Thank you!
As I understood nscagony, my husband is able to apply for I-485 even if I don't apply for I-485, is that correct? My logic was that he can earn some money while we are waiting, even if our I-140 is not approved he will work for few months and earn money.
Also I'm coming from non-retrogressed country.
Anymore ideas or experiences?
Thank you!
 
per123 said:
Thank you!
As I understood nscagony, my husband is able to apply for I-485 even if I don't apply for I-485, is that correct? My logic was that he can earn some money while we are waiting, even if our I-140 is not approved he will work for few months and earn money.
Also I'm coming from non-retrogressed country.
Anymore ideas or experiences?
Thank you!
Click to expand...

No. you can not apply for I-485 for your husband alone if you as primary applicant dont not file I-485. both of you need to file for I-485. I know its expensive but you have no other choice if you want him to work.
 
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