Should spouse be in the US while pending I-485?

[srikrs]

I appreciate any advice for my situation :

My I-485 is currently pending approval.
I am filing for I-485 for my spouse, who is on H-4.
She can be in the US briefly for the I-485 filing
and needs to return to my home country.

Is it a requirement that she should be in
the US for most of the time, while her I-485 is pending?

 

[Sahin]

Not really

She does not have to be in US most of the time. However, there is a potential problem. She should live back with approved AP. You never when it will get approved. Now the rule is you can not leave country wheile AP is pending, if you do your application will be abondened. Offcourse, this does not apply who are maintaining H1/H4 status. Having said that you should be certain that you will be employed on H1B while you are wife in abroad.

H4 wont be allowed to enter the country if H1B loose employment and H1 get surrendered.