Question of priority date and spouse I485

[Mei2005]

Hi,

I am hoping that you experts out there will be able to help me in this matter. I am currently out of the US as I have used up 6 years H1B in the US. My spouse is still in the US on H1B and he is about to file his I140 and I485 (PD current at this moment). I will return to the US on H4 after one year out of US.

Question:

What if this happens, if his I485 is approved and he has not filed spouse I485 for me due to priority date not current when I reach US? As far as I know, he cannot be on H1 once his I485 approved. If he is no longer on H1, this will mean I cannot be on H4 as well. Can I still stay in the US legally? What options do I have?

Thank you so much. It is a very frustrating journey towards green card, especially spliting up the family in the course of the journey.

-May

 

[rlgl]

You may this Article from Murthy.com

Thought it may be helpful to read the following artical on Murthy.com

http://murthy.com/news/n_app485.html

Hi,

I am hoping that you experts out there will be able to help me in this matter. I am currently out of the US as I have used up 6 years H1B in the US. My spouse is still in the US on H1B and he is about to file his I140 and I485 (PD current at this moment). I will return to the US on H4 after one year out of US.

Question:

What if this happens, if his I485 is approved and he has not filed spouse I485 for me due to priority date not current when I reach US? As far as I know, he cannot be on H1 once his I485 approved. If he is no longer on H1, this will mean I cannot be on H4 as well. Can I still stay in the US legally? What options do I have?

Thank you so much. It is a very frustrating journey towards green card, especially spliting up the family in the course of the journey.

-May

 

[WaitingonLC]

Hi,

I am hoping that you experts out there will be able to help me in this matter. I am currently out of the US as I have used up 6 years H1B in the US. My spouse is still in the US on H1B and he is about to file his I140 and I485 (PD current at this moment). I will return to the US on H4 after one year out of US.

Question:

What if this happens, if his I485 is approved and he has not filed spouse I485 for me due to priority date not current when I reach US? As far as I know, he cannot be on H1 once his I485 approved. If he is no longer on H1, this will mean I cannot be on H4 as well. Can I still stay in the US legally? What options do I have?


If he is no longer on H1 and you may not be able to stay on H4 as well.
Here is the option I could think of.

Ask your spouse to apply for COS for you from H1B to H4 and once you have the H4 approved ,you can go to embassy and get it stamped and come back to US.Once you come back to US,Both of them can file the 485 if Priority dates are current and get the EAD's and stay.If your spouse files the 485 now and If PD's are not current by the time you come here then you can not be on H4.Hope this helps.


Thank you so much. It is a very frustrating journey towards green card, especially spliting up the family in the course of the journey.

-May