Spouse on H4 in US, and primary applicant with I-485 approved

T

tiod1

Registered Users (C)
Hi Portal repliers, Can someone help answer the below scenario?

Primary applicant gets married before I-485 gets approved and brings spouse on H4 to the US. The primary holder is waiting for PD to get current to file I-485 for spouse, but I-485 gets approved before date retrogates.
What's the status of the Spouse who's curretly on H-4? Can she change to H-1, or any legal status, and how can she finally file for Green Card?

Thanks in advance!
 
Re-stating

From what i understand, Primary's PD needs to be current to file for dependent I-485. Date does not matter for primary's I-485 approval. Is this a wrong statement?
 
I'm confused now

After one files I-485 during PD in current status, they just wait for other steps in the process to complete. Where in this series, does PD again getting current fall?
I was asking to find out regarding status of a spouse who's on H4 in US, but having a primary person with I-485 approved.
 
tiod1 said:
Where in this series, does PD again getting current fall?
Click to expand...

It's needed before it can be approved. Generally speaking, USCIS won't pick up the I-485 unless it is current, but EB cases are unusual in that the PDs bounce from current and back again, unlike the FB cases which generally tend to move slowly but in one direction.

I was asking to find out regarding status of a spouse who's on H4 in US, but having a primary person with I-485 approved.
Click to expand...

Again, I wouldn't worry too much. If the PD becomes current and the primary applicant is approved before the dependents file their I-485, they are out of status but still have 180 days to file their I-485s, assuming it's an EB case.
 
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