I485 delay request possible?

V

valley123

Registered Users (C)
Hello all,

I'm sure this must be a common question from newbies here: I have a valid H1B visa stamp until Oct. 2006. I filed concurrent in Oct. '04 in EB1 category. My I140 was approved last week. I have never used my EAD or AP, so I am in valid H1B status. I don't have any intention of leaving current job and I don't expect to get fired anytime soon.

Now, the fear is that the I485 may get approved too quickly while wife is still in India (I got legally married last month in India and have the marriage certificate.) Wife plans to join in May 2005 due to her job contract issues.

So, what are the options here?
1. Is it possible to delay the approval of the filed I485?
2. What are the negative consequences of withdrawing my I485 and refiling it when wife comes to USA? Will that raise CIS suspicion?
3. Can I switch to Consular processing and include wife in application at this point and yet remain in the US until called for consular interview?

Thnx a lot and appreciate any help!
 
You do not need to delay your I-485. Instead, file I-824 for consular processing for your wife only. If she comes to U.S. on H4 before your I-485 approval, she can continue her CP or file AOS. By the way, what is your service center? Your I-140 got approved really fast.
 
Thanks!

Thanks imwatcher123! Its the Vermont Service center.

My lawyer (actually his assistant) seemed to have the impression that if I file adjustment of status, then wife **cannot** file consular processing. I have been unable to verify or contradict that opinion using online information, as yet.
 
A person cannot have both AOS and CP at the same time based on one approved I-140, but you can have AOS for yourself and CP for your wife at the same time. Read the following (From I-485 instruction):

"If the spouse or child is residing abroad, the person
adjusting status in the United States should file the Form
I-824, Application for Action on an Approved Application
or Petition, concurrently with the principal's adjustment
of status application to allow the derivatives to immigrate
to the United States without delay if the principal's
adjustment of status application is approved. The fee
submitted with the Form I-824 will not be refunded if the
principal's adjustment is not granted".
 
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