Question about concurrent filing of i-485 and i-140

[economistre]

I have H1b and go EB-2 route. My wife recently obtained H4 visa, but will be able to join me in US in 1.5-2 month. I need to file i-140 in October and want to file i-485 concurrently. The problem is that my wife will not be in US in October. According to uscis she has several options when to file i-485:

1. Together with the principal applicant?s Form I-485 (and the principal applicant?s Form I-485 is ultimately approved);
2. While the principal applicant?s Form I-485 is still pending with USCIS (and the principal applicant?s Form I-485 ultimately approved);

Therefore, we only have option 2. My question is whether it is permitted to file I-140 and I-485 now while she is not admitted to US on H4 visa. Can she still file I-485 herself later once she enter US on H4.

[newacct]

I have H1b and go EB-2 route. My wife recently obtained H4 visa, but will be able to join me in US in 1.5-2 month. I need to file i-140 in October and want to file i-485 concurrently. The problem is that my wife will not be in US in October. According to uscis she has several options when to file i-485:

1. Together with the principal applicant?s Form I-485 (and the principal applicant?s Form I-485 is ultimately approved);
2. While the principal applicant?s Form I-485 is still pending with USCIS (and the principal applicant?s Form I-485 ultimately approved);

Therefore, we only have option 2. My question is whether it is permitted to file I-140 and I-485 now while she is not admitted to US on H4 visa. Can she still file I-485 herself later once she enter US on H4.

No, she cannot file I-485 if she is not in the US. Yes, she can file I-485 herself later.