Presence of spouse needed for filing I-140/I-485?

[sreedhar76]

Hi All,
I just learnt that my LC has been certified. My current H1-B expires on 1 Feb, 2007, and a H1 extension has been filed for me and not for my wife. My wife is currently in India and her H4 visa is valid till 1 Feb, 2007. Does she need to be present in the US for filing I-140 and 485? If she comes back, since she will be returning so close to visa expiry, will there be any issues (if she shows my H1 extension papers and explains that she is going to file for H4 extension)?
Thanks,
Sreedhar

 

[MDwatch]

Hi All,
I just learnt that my LC has been certified. My current H1-B expires on 1 Feb, 2007, and a H1 extension has been filed for me and not for my wife. My wife is currently in India and her H4 visa is valid till 1 Feb, 2007. Does she need to be present in the US for filing I-140 and 485? If she comes back, since she will be returning so close to visa expiry, will there be any issues (if she shows my H1 extension papers and explains that she is going to file for H4 extension)?
Thanks,
Sreedhar

Your wife needs to be here in order to file the I-485 if you chose to do the adjustment of status. She should not have any problems to come back if you give her H1 extension approval notice and copies of the previous approval notice for your H1 and her H4.

Just my 2 cents

For the I-140, she does not have to be in the US since it only concerns you.