applying for I-485/adding dependents/approval/PD

[pcmania]

Hi Guys,

I know a couple of them asked the questions related to this thread's subject before...but I have a basic doubt....

1. I apply for my 485 now..
2. my wife is in india...and she cant come here b4 Aug 17th...so she doesnt apply
3.The priority date becomes current again in Aug 2008 (next year)...my 485 isnt approved yet... so I act fast and I apply for her 485...we are all set in this scenario...
4. what if...my 485 gets approved b4 the PD...and I cant apply for her...can this happen?

Please answer my question in point 4....am I missing something here?

Thanks

[waitin_toolong]

your GC cannot be approved without your PD becoming current. The only thing is that you will need to maintain H1 all through this time till you can apply for her, or she has to maintain her own independent status.

You can file for her as soon as the PD becomes current, even if you are approved before her application reaches you Section245(k) allows her to file till 180 days after your approval. But if she maintains her own independent status she will have more freedom

Remeber you will have to maintain H1 or L1 till she can file and get receipts and you cannot use EAd even for a part time job.