Spouse\'s 485 application timing??

[prabh]

Hi All,
I have a situation, the I-485 application of my spouse reached INS office one working day after my I-485 got approved. (Even though I got the notification a week later). She is on H-4. In this case, what happens to her visa status (given that my H1 is no longer valid) and what are the risks involved here? What are the alternatives for me?
Did anyone else fall into the same situation?
Thanks,
Prabh

 

[jaxen]

No Title

She have to apply for CP I guess. Wait for I485 receipt before taking any action though (since you are safe for 179 days being out of status).
If 485 get accepted, then she is in status. She can wait for approval here in US. She can get a AP for travel and get EAD for employment.
If 485 app is rejected, then file for CP and she might have to wait in your home country for a few months. After approval she can schedule the consulate interview and get fingerprinted and while coming back can get stamped.
These are opinions formed from reading up the various fora regularly. Somebody with actual experience might shed more light.