Urgent- I485 approved, but wife out of status?

D

deamboat

Registered Users (C)
Guys,

I got the magic mail this morning that card production was ordered and it will be mailed in 30 days. I'm in a weird situation here. I'm in H1 status and my wife is on H4. I filed my I485 back in Sept 2004. When my PD became current on June 1st, my attorney sent my wife's application to Chicago instead of Nebraska service center. Attorney admitted that he made a mistake but assured Chicago processing center will forward the petition to NSC. Its been 3 weeks now and the checks have not been cleared and a receipt notice has not been generated. Now that I got my I485 approved, will my wife is going to be out of status since I'm no longer on H1 status? Can I ask my attorney to refile my wife's petition and send to NSC? Will that create new problems? Any thoughts will be appreciated. Thanks.

EB3, India
PD Jan 2003
I485 RD Sept 2004
 
deamboat said:
Guys,

Now that I got my I485 approved, will my wife is going to be out of status since I'm no longer on H1 status
Click to expand...

Yes .. your spouse is out of status ... But you have a safety net called " Section 245(k) of the Immigration and Nationality Act"

This applies in employment-based cases and allows the filing of I-485s even if the applicant has been out of status for up to 180 days. Thus, if there is a short gap between the approval of the primary's I-485 and the filing of the dependent's I-485, the dependent's case should still be accepted and approved.

Try to make the application that you submitted work ... as it was done before you got UR approval.

Good luck
 
Thanks Daruwala. I'll wait another week and refile the petition if I don't get a receipt notice. Hopefully, I'll get a notice by then.
 
Apologies for the previous comment. I had to fire my own lawyer due to negligence. Daruwala is correct there are some clause that allows for flexibility on 245. I suggest you look up another lawyer and explain your situation. I have a friend who was denied and hired a different attorney who even help get her money back due to the previous lawyer's mess up.

Just an opinion that you may get fees back and have a more reliable one take care of your situation. Personally, I ended up filing for myself and did not bother hiring for our EB2 app.

Good luck and God Bless.
 
Thanks GCfreedom. Yes, I'll approach another firm to get a second opinion. Hopefully, there is way out of this.
 
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