Pending I-485 Approval - Does it affect My wife's H-4 visa?

D

dnaren

Registered Users (C)
My H1-B visa is valid till 05/2006.
I-140 - approved
I-485 pending (date 08/2002 TSC)

My Wife's H4 is valid till 05/2006
She is not able to apply for I-485 and EAD because of visa retrogression.

What happens when My I-485 application date becomes current and it gets approved immediately? Do I need to get Wife's application submitted before my I-485 is approved? Is there a way to do it?

TIA
Naren.
 
Share us plz


You are EB and if ur 485 is approved, how can retrogession is applied on her dependant(immidiate relative) case and not on you?


My understanding If u get approved, ur spouse is ur immidiate relative, she is eligable to derive visa catagery and number from ur approved pettion,



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http://travel.state.gov/visa/frvi/g...ssary_1363.html

Immediate relative immigrant visa cases do not have country numerical limits, with waiting times as a result of the country limits. The terms priority date, cut-off date and current/noncurrent does not apply for immediate relative cases.
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Plz don't mix EB and family based cases. even retrogession is applied on principal EB3 and immidiate relative's GC is derived from principal approved G.C pettition.

All I am sharing my understanding and opinion, not necessary u or other agree with.

Good Luck
 
Last edited by a moderator:
Sounds like your application is employment based. Didn't understand why havn't you included your wife in your process. If your wife came on H-4 fine, your 485 is pending you can inslude her any time before approval. After approval you have to file follow to join ( i think requirement is marriage has to happen before primary gets approved)


I think you didn't clearly tell us what exactly happened in your process, more details.

Raju
 
dnaren said:
My H1-B visa is valid till 05/2006.
I-140 - approved
I-485 pending (date 08/2002 TSC)

My Wife's H4 is valid till 05/2006
She is not able to apply for I-485 and EAD because of visa retrogression.

What happens when My I-485 application date becomes current and it gets approved immediately? Do I need to get Wife's application submitted before my I-485 is approved? Is there a way to do it?

TIA
Naren.
Click to expand...
I think you need to apply as soon as possible. Keep an eye visa bulletin. You will come to 15 days prior. Once date become current then apply ASAP.

Even if your case gets approved you can apply before six months. This six month you will get because 245(K).

No need to worry. It will be fine.
 
I got married after my I-140/I-485 (concurrent) application was submitted.

My application is under EB3 category. Since my priority date is 08/2002 (which is not current), my wife's I-485 and EAD applications were sent back because of the visa retrogression. I was asked to submit her applications only after my priority date becomes current.

tammy,

can you please explain what you mean by - "Even if your case gets approved you can apply before six months. This six month you will get because 245(K)." ?

Thanks for all the replies.
 
PrinceofJungle said:
Share us plz


You are EB and if ur 485 is approved, how can retrogession is applied on her dependant(immidiate relative) case and not on you?
Click to expand...

PrinceofJungle,

My I-485 is NOT approved. I-140 was approved in 02/2005
 
dnaren said:
tammy,

can you please explain what you mean by - "Even if your case gets approved you can apply before six months. This six month you will get because 245(K)." ?

Thanks for all the replies.
Click to expand...
It means that Once you get your I-485 approval she will loose her H4 status. She will be out of status from that day.
But there is relief called 245(K) which allows to adjust status for any one who went out of status for less then 180 days.

So even if your case gets approved on the day one of date becomes current still you will be able to apply I-485 for her.
 
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