If PD becomes current in next month or two?

[FK2007]

We've made plans to travel out of the US for 6 weeks during the summer and have already purchased the tickets. My husband is EB3 PD is Aug.2005. He has an H1B and I have H4. With the jump in PD's and if this continues and his becomes current I'm wondering if this will be a problem for us. Not yet applied for 485 has his I140 approved. Do you have a window of time to apply for the I485 or is it fine to apply as soon as we get back, or should we apply before we leave??? This is all hopefully thinking that his PD comes current....

Thanks for any advice...

 

[calabor2001]

FK - Wish you the best!

Ideally, you would have a month (for the latest June release - the filing time is from June 1st through June 30th). You cannot file 485 unless your PD is current for the VISA availability.

I recommend you carry on with your plans BUT have a contingency that in case this does become a reality you have the ability to take care of this necessary aspect.

Good Luck!