What happens when I-130 is approved and spouse enters USA on H1

S

sridhar72

New Member
I am a Citizen and filed I-130 for my wife who at that time was in India. She also received the H1 visa so she came here on that visa. I recieved the approved I-130 petition stating that the NVC will contact the candidate in India. Now I am not sure what to do. Should I and can I file the I485 for her now? Is there any priority date I should wait before filing?

Thanks.
 
If she is in the US, then wait for 90 days after her H-1B entry and then apply for AOS. Since she is an immediate relative, no priority date.
 
Triple Citizen said:
If she is in the US, then wait for 90 days after her H-1B entry and then apply for AOS. Since she is an immediate relative, no priority date.
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I'm curious - why would they have to wait 90 days? It's not a violation to enter on an H1-B with a I-130 pending or approved since the H1 allows dual intent - right?

Or is there another reason for the 90 days?
 
Now that your wife is legally in the US with an approved I-130 in the "immediate relative" category, she can apply for I-485. She'll probably also need to notify NVC that she'll be going for AOS rather than CP.
 
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