My 485 approved got approved, what happens to dependents?

[aby94403]

My 485 got approved (RD: Aug 2003, CSC).
I'm not sure how that impacts my wife's application though. We got married this year (May) and I added her application to mine last week only. Currently she is on H4 (myself was on H1). I'm still waiing for the receipt notices for 485 and AP/EAD.

Assuming my H1 and hence her H4 got invalidated because of this approval, is she on a valid status?

Should I get my passport stamped, assuming this should not impact her status?

Will her application be treated as a separate application, taking about a year for approval?

How does that impact me? Can I leave my job and goto school without jeopardising her application?

Any help will be greatly appreciated.

 

[saf]

No problem. Her status is still valid based on 485, but she is no longer on H4 status. If she wants to travel, she needs her AP. If she wants to work, she needs her EAD.

Your case and your spouse's case are independent cases. Don't worry, your spouse will be approved.

In fact, I added my spouse's name to my 485 application right away after I got married and few months before my 485 was approved. My spouse's case was approved one year after I added my spouse's name to my 485 application.

Leaving your employer won't jeopardising your spouse's application, but it is not advisable because if you leave your employer early, they can revoke your gc. Most lawyers advised that you shouldn't leave your employer while your spouse's 485 is pending. Just wait until your spouse's 485 is approved because they may send you a RFE for your spouse (probably your paystubs, your employment letter, tax returns, etc.)

Hope this helps.

USGC485

 

[fast_gc_seeker]

Your case and your spouse's case are independent cases. Don't worry, your spouse will be approved.



.. but it is not advisable because if you leave your employer early, they can revoke your gc. Most lawyers advised that you shouldn't leave your employer while your spouse's 485 is pending. Just wait until your spouse's 485 is approved because they may send you a RFE for your spouse (probably your paystubs, your employment letter, tax returns, etc.) >>> THIS IS NOT TRUE

Thats not true USGC...dependents 485 is not at all related to primary's
job. Infact many people apply for dependents 485 themselves without
going through their employer.

Why would a dependents application get RFE on primary's EVL,pay stubs etc?

 

[fast_gc_seeker]

I think his point is that if employer complained to uscis and uscis revoked his greencard then since dependent is going to receive greencard through him it would also be in jeopardy.

USCIS could find out that he left the company early because he will have to complet an affidavit of support. In an affidavit of support you have to show three years worth tax returns.

I know there has been considerable debate of when to leave an employer after greencard, so let's not get into that debate here.

revocation of approved 140 and NOID of 485 is totally different topic.
Lets not get into that discussion in this thread.

I guess his main question was regarding status of his wife's 485.
Like I said earlier her 485[AOS] is independent of his current or
past employers. Her AOS will be in trouble only if NOID is issued for
his 485. Its not clear if he has NOID.

If he changes jobs with proper usage of AC-21, I dont
think his wife's 485 will have any issues.

 

[saf]

In fact, my college friend (H1 - primary applicant) responded to RFE asking for tax returns, and affidavit of support and clear copies of marriage certificate and spouse's birth certificate for his spouse (H4 - dependent applicant). It was employment-based category.

Also, it happened sometimes to some people who responded to RFE like that.

 

[fast_gc_seeker]

In fact, my college friend (H1 - primary applicant) responded to RFE asking for tax returns, and affidavit of support and clear copies of marriage certificate and spouse's birth certificate for his spouse (H4 - dependent applicant). It was employment-based category.

Also, it happened sometimes to some people who responded to RFE like that.

RFE on tax return for dependent? since when H4 folks started 'legally' working
to have RFE on tax returns? It must be RFE for primary applicants tax return which again has nothing to do with dependents 485.

Similarly affidvait of support, marriage certificate and spouce BC can be provided any time and its not related to ur employer by any means.

 

[pralay]

It must be RFE for primary applicants tax return which again has nothing to do with dependents 485.

Yes, primary appicant's tax return is important for dependent's 485. Adjucator goes thru primary's tax return and evaluate if primary has enough income to support dependent - so that dependent does not become an issue of public charge after GC approval. Basically tax return is the backing for affidavit of support.

 

[fast_gc_seeker]

Yes, primary appicant's tax return is important for dependent's 485. Adjucator goes thru primary's tax return and evaluate if primary has enough income to support dependent - so that dependent does not become an issue of public charge after GC approval. Basically tax return is the backing for affidavit of support.

I agree with u pralay that primary has to support dependent.

The main topic of discussion in this thread was that dependents AOS has
nothing to do with primary applicants change of job.

 

[pralay]

Most lawyers advised that you shouldn't leave your employer while your spouse's 485 is pending. Just wait until your spouse's 485 is approved because they may send you a RFE for your spouse (probably your paystubs, your employment letter, tax returns, etc.)

It's safe approach and good idea if you can follow. But you cannot (have to leave current empoloyment), don't get worried. Because for dependent's 485, adjucator never going to ask (actually, I never heard of) for employment letter. That's irrelevent. Most of the times they ask for primiary applicant's latest tax return - just to check if primary has enough income to support dependent. Paystub? probably (if tax return is not satisfactory). But in any case, it really does not matter who is the employer or if you employed at all (for example, self-employed, business etc). All he (primary) needs to show is enough money in bank or enough income.

Leaving employer early? That's a separate issue and has nothing to do with dependent's 485.

 

[aby94403]

Thanks!

Thank you all for responding.
To sum it up, I infer that I should go for my stamping asap and get my green card. My wife's application will probably be approved after a year (based on current timelines) or so and she will need to wait for her EAD to start working and AP to go out of country.
Meanwhile, I'm free to do whatever I please (start my business, go to school, change employer or whatever) as long as I have money in the bank and ability to show financial support if there is an RFE at the time of her app's approval. I'll check other threads about implications of leaving the job immediately after getting GC.
One follow up question: In the event of an RFE after a year from now when I'm in school, will having a decent bank balance suffice? Can my wife's earnings also be shown as financial evidence?