I485 file or defer?

They don't need to be in the US when the GC is approved. They only need to be in the US for the I-485 filing and FP.

They can stay outside the US and wait for GC approval. As long as their H4 was valid when they left the US and the GC is approved before H4 expiration, they'll be fine.

If your GC is approved they can't use their H4 for the purpose of entering in H4 status, but the H4 while unexpired would still preserve their I-485 process when they're outside the US, enabling their GC to be approved and allowing them to return in LPR status.
 
Last edited by a moderator:
They don't need to be in the US when the GC is approved. They only need to be in the US for the I-485 filing and FP.

They can stay outside the US and wait for GC approval. As long as their H4 was valid when they left the US and the GC is approved before H4 expiration, they'll be fine.

If your GC is approved they can't use their H4 for the purpose of entering in H4 status, but the H4 while unexpired would still preserve their I-485 process when they're outside the US, enabling their GC to be approved and allowing them to return in LPR status.

after some more research, retrogression is quite unlikely until onset of october 2011 (new year for visas). looking at 485 inventory and also the processing dates at the regional service centers, every center is currently processing 485 recd at last quarter of 2010 (except CSC). So, the chance of getting 485 approval is minimal until my dependent returns to US.
In the meantime, I do have to maintain h-status so they can come here.
 
So what does that mean ... they're going to stay abroad until December? Or you're going to try to bring them here before possible retrogression in October? Have you filed your own I-485?
 
So what does that mean ... they're going to stay abroad until December? Or you're going to try to bring them here before possible retrogression in October? Have you filed your own I-485?

I appreciate your insights to this discussion. Yes; will file 485 for those who are here and for the dependent who need to be abroad, will file after they are here.
My ambivalence was based on my flawed assessment of the CIS 485 proc times...that the 485 will be approved sooner and the overseas dependent will be stuck overseas waiting to f-t-j.
can't bring the dependents sooner anyway....but it does not so much matter as they are only signing up for AP. unsure if AP is sufficient for overseas flights via europe.
 
It's no use bringing them here to apply for AP, if they're not going to stay in the US long enough (2-3 months) for the AP to be approved.

The H4 will have to be their basis for being able to exit and reenter the US while their I-485 is in progress. With H4, they'll only need to stay in the US long enough for the medical and fingerprinting.
 
It's no use bringing them here to apply for AP, if they're not going to stay in the US long enough (2-3 months) for the AP to be approved.

The H4 will have to be their basis for being able to exit and reenter the US while their I-485 is in progress. With H4, they'll only need to stay in the US long enough for the medical and fingerprinting.

fp may not be done.
I will have to keep close watch on the proc dates at the regional serv centers to ensure that I do not get approved till we are all back here.
any idea why there is discrepancy between the proc times for 485 shown on uscis site and the proc dates of the serv centers are showing dec 2010.
 
Employment-based I-485s that don't involve an interview are normally processed entirely by the service centers, whereas family-based I-485s are transferred to a local office for further processing and the interview. So that can affect the processing time discrepancy.
 
Employment-based I-485s that don't involve an interview are normally processed entirely by the service centers, whereas family-based I-485s are transferred to a local office for further processing and the interview. So that can affect the processing time discrepancy.

yes. the troubling issues is the field offices are showing faster processsing times than the service centers. So, that is one issue.
Second point is that the proc dates released on 6/13 are severely backlogged for all serv centers except for CSC. Then the proc time goal on the cis websites show 4 months.
Confused.
 
yes. the troubling issues is the field offices are showing faster processsing times than the service centers. So, that is one issue.
Second point is that the proc dates released on 6/13 are severely backlogged for all serv centers except for CSC. Then the proc time goal on the cis websites show 4 months.
Confused.
as of may 31, 2011
processing times have gone down aggressively for eb 485. Only TSC is processing eb 485s recd last qtr of 2010; every other sc is processing in 4 months.
 
Top