will my wife go out of status?

L

Lachu V

Registered Users (C)
Dear folks,

I\'ve filed I485(gotten receipt also), I plan to hold on to my H1
until I bring my wife here(on a H4). Do I have to be on my original
H1 status until she gets her I485 receipt?
That is, if I change my H1 status (like take up a new job with an EAD/new H1) during the time she is waiting for her receipt, will she go out of status?? In otherwords can she be on a H4 while I\'m no longer on the original H1 status?? or is I485 pending is a valid status by itself??

please clarify...thanks a bunch.

lachu.
 
Pending I-485 is Valid Status By Itself. But it should be pending for your wife.

Pending I-485 is Valid Status By Itself. But it should be pending for your wife.

If she already get her I-485 receipts, She is in valid status not matter you change job. But Make Sure, you are changing Job After 180 days of filing of your I-485. Otherwise you both will be voiding underlying I-485 Petition and she will be out of status as your I-485 is no longer valid.

YOu can find this information on various discussion threads.

Take CAre.
 
Attn: lachu v (or) nologic algo

Lachu and/or nologic,

I have a question for you both.

Consider the following scenario: Mr. X applies for his 485. He finishes his FP , Gets married ,Gets his wife on H-4 visa , Sends his wife\'s 485 to the INS .

What would be her status:
#1 If his 485 gets approved before his wife\'s NOTICE DATE in 485 receipt? Could she be considered "NOT out of status"
#2 If his 485 gets approved after his wife\'s NOTICE DATE in 485 receipt?

Thanx
 
Mr. X could be Mr. Lachu!

tell you what Tony, I\'m pretty much in Mr. X\'s predicament!!!
 
I was told that if Mr. X\'s 485 is pending when his wife
files for it chances are that they both get approved
simultaneously...! X\'s wife\'s 485 is considered a "derivative"
they both will have the same A number/immigrant visa number...

Notice date means that the application is entered into the "system",
technically 485 is pending as soon as their receipt...atleast that
is my inference.

Question for you, how many times can you reschedule finger printing
appointment. once you ask for reschedule how soon/late do you get another appointment???

for me FP is like the last bit of "control" on the GC-clock...I\'m desperately trying to hold on to it...I just want to know how long I
can do this...

thanks Tony, nologic...

Lachu.
 
To: Lachu

Lachu,

How about this? If you do your FP, AND if you get an RFE(INS gives approximately two months time for sending in ur response, I suppose), You get some more time to get married, even after FP. This means you should be able to add ur wife\'s name on ur 485, when you send in the response for RFE to INS. Correct me if i am wrong!

I ain\'t an attorney. Check with ur attorney for legal advise.

Good Luck
 
not true

My wife\'s application was denied because of the same reasons. My lawyer tried to save $1000 by telling us that things will be ok. But to save that $1000...we had to go through hell.
Please make sure your wife is in status...while they process your 485 application.
 
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