I485 approval & H-4 visa

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sai73

Registered Users (C)
Hi Guys, i have filed for 485 2 yrs back and expecting approval anytime now.I got recntly married and my wife is planning to come very soon on h-4 visa. i am currently on h-1visa for now.i am planning to do consular process for my wife as she can't stay here for around 90 days , till she gets her EAD & A.P.
My question is once my 485 is approved i.e i receive the approval notice, and i go for stamping.
1) when does my h-1 visa becomes invalid, is it the date of approval or the date of stamping?
2) my wife enters on h-4 visa and pretty soon after the arrival ,my 485 is approved, does she lose her h-4 status automatically and within how many days will she have to return back. does she need to return immediatly after the date of approval or after the date of stamping.any problems if she leaves at the earliest after approval,like being out of status etc.

Please help your advise would really appreciated alot
Thanks in advance.
 
1) when does my h-1 visa becomes invalid, is it the date of approval or the date of stamping?
Date of I485 approval
2) my wife enters on h-4 visa and pretty soon after the arrival ,my 485 is approved, does she lose her h-4 status automatically and within how many days will she have to return back. does she need to return immediatly after the date of approval or after the date of stamping.any problems if she leaves at the earliest after approval,like being out of status etc.
Yes she does lose her H4 status bcos even you are no longer in H1 and H4 is dependent on H1. She will have to leave immed but the best thing to do is to ask her to come on H4 and add her to your I485 app right away bcos if you try to get her a GC once your I485 is approved then there will be a long wait time but if u add her as a dependent to your I485 then she gets approval soon and she would not have to leave the country bcos once I485 is filed you are considered to be in a period of authorized stay in US.


Please help your advise would really appreciated alot
Thanks in advance.
 
Last edited by a moderator:
Hi Guys,
Once my wife enters the US on H-4 and immediatly or in few days if my 485 is approved.what are my options as her h-4 is invalid,
if in case my 485 is approved before her filing of 485 or upon her immediate arrival on h-4.
In how many days can i file for her 485 after my approval if possible?are there any other options?
In how many days does she need to leave the country?
what are the options for her in doing the C.P and would she be having any problems like she is acculumating out of status time from the date of my approval to the date of her leaving the country etc.
guys please advise, i need your help badly.
Thanks in advance.
 
sai73 said:
In how many days can i file for her 485 after my approval if possible?are there any other options? In how many days does she need to leave the country?
Click to expand...

If she enters before your I-485 is approved, she has 180 days from the time of your approval to file an I-485 with no penalty using 245k.
 
Hi TheRealCanadian.
Thanks a lot , that's little bit of relief.
Is it also possible for her to leave the U.S say in around less than 10 days after her approval and start her C.P abroad.the only problem i have is she has to go back home to complete her studies back which could take another 9months.If i file for 485 she can't stay here for long due to her studies.any problems there in her C.P
You advise would be really appreciated.
Thanks in advance
 
sai73 said:
If i file for 485 she can't stay here for long due to her studies.any problems there in her C.P
Click to expand...

No, then don't waste time and money on filing the I-485. Do CP and with luck the consular interview will be around when her studies are finished.
 
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