I-485 withdrawal and H1 7th year validity

[AD11]

Hello Gurus...

Recently my H1 7th year extension for 3 years has been approved based on approved I-140 but has not filled I-485 because of retrogression. In case if my PD becomes current can you please guide me or share your experience for:

1. If I file I-485 can I withdraw it due to some personal reason and re-file it later on the same I-140?

2. If above is true then, will I be violating my H1 status during the period between I-485 withdrawal and I-485 re-file because I received H1 7th year extension based on approved I-140? (I am not planning to use EAD).

3. My spouse and I both are in US on H1. If I file my I-485 alone without my spouse and gets approved. After my I-485 approval, Will my spouse be able to file I-485 as my dependant based on my approved I-140? If yes, is there any time limit in which I have to file her I-485?

4. Will I be allowed to stay and work on H1 till my latest I-94 expiration date even if my I-485 gets denied knowing my H1 7th year (3 year) extension is based on approved I-140?

Thank you for your reply....

 

[TheRealCanadian]

If I file I-485 can I withdraw it due to some personal reason and re-file it later on the same I-140?

Yes, but it's a horrendous waste of time and money and resets your AC21 clock.

If above is true then, will I be violating my H1 status during the period between I-485 withdrawal and I-485 re-file because I received H1 7th year extension based on approved I-140? (I am not planning to use EAD).

No, why would you be? So long as the H-1 has not expired, you're fine.

If I file my I-485 alone without my spouse and gets approved. After my I-485 approval, Will my spouse be able to file I-485 as my dependant based on my approved I-140? If yes, is there any time limit in which I have to file her I-485?

She will be able to file her I-485 at any time, provided your PD remains current and she has not let her H1 status lapse for more than 180 days.

Will I be allowed to stay and work on H1 till my latest I-94 expiration date even if my I-485 gets denied knowing my H1 7th year (3 year) extension is based on approved I-140?

Yes. The 7th year H isn't based on a pending I-485.

 

[newbies]

She will be able to file her I-485 at any time, provided your PD remains current and she has not let her H1 status lapse for more than 180 days.
QUOTE]
It is not quite correct. His wife could apply anytime before and around 12 months after his I485 approval date. BUT SHE MUST MARRY HIM before his I485 approval date

 

[TheRealCanadian]

It is not quite correct. His wife could apply anytime before and around 12 months after his I485 approval date.

There is no 12 month limitation. She could wait 10 years afterwards and still be considered a derivative beneficiary.

BUT SHE MUST MARRY HIM before his I485 approval date

Based on his original message, they are already married.

 

[newbies]

There is no 12 month limitation. She could wait 10 years afterwards and still be considered a derivative beneficiary.



Based on his original message, they are already married.

AGREE