I am on H4 and my spouse has 485 pending. His PD is June 2005 in EB2 Category .However my spouse is maintaining H1B status because of me. The way EB2 is moving , it looks like his PD may be current after 6 months. Can I file 485 when his PD becomes current. If not what would be my status if his 485 gets approved. Appreciate your input.
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Retrogression Question
- Thread starter puja101
- Start date
TheRealCanadian
Volunteer Moderator
puja101 said:Can I file 485 when his PD becomes current. If not what would be my status if his 485 gets approved. Appreciate your input.
You can, and should, file an I-485 when his PD becomes current. If his gets approved then you will be out of status, but 245k allows you to file an I-485 for 180 days after this.
Thank you for your reply. I am of the same view however some days ago i saw on murthy.com that a Primary applicant had to maintain H1B status even his 485 was approved.Please take a look at
http://www.murthy.com/news/n_app485.html
http://www.murthy.com/news/n_app485.html
TheRealCanadian
Volunteer Moderator
puja101 said:Thank you for your reply. I am of the same view however some days ago i saw on murthy.com that a Primary applicant had to maintain H1B status even his 485 was approved.
This is talking about approvals in error, which is a completely different situation. You cannot maintain H1B status once your I-485 is approved!