Marriage-GC

[har_rai]

Hello All:

I applied to 1-140 and I-485 August 2007 when everything was current for one month. I got married in december 2007 so I was not able to apply for my wife. Now I got EAD and I-140 approved in 8 months.

What will happen if my 485 gets approved.Does my wife need to go back to INDIA and has to wait couple of years to come back again as she will be in
family based visa group (priority date for this for Indians is around year 2000).

Or does she come in family based visa?

Thanks

[DMX17]

If you are on H1 and your wife on H4 in the U.S., you can apply for her I-485 when your priority date is current again. This must happen when your I-485 remains pending (not approved). For her to remain in the U.S. on H4, you should be on H1 status. In this situation, you cannot use EAD.

This is what I think and I could be wrong. Experts please correct me here.

[har_rai]

marriage_GC

Hi :

Thanks for the reply. now I changed my job and my !-140 has approved when i was in previos company. So what should I do to keep my 485 process going on?

Thanks

[DMX17]

Hi :

Thanks for the reply. now I changed my job and my !-140 has approved when i was in previos company. So what should I do to keep my 485 process going on?

Thanks

Search and read about AC21 with respect to I-485. You can change jobs after 180 days after filing an I-485 using AC21. You will have to let USCIS know that you changed job and you intend to invoke AC21. This will keep your I-485 going. The job, however, must be "similar". This has been discussed in other threads on immihelp forums and you might be able to find the threads that talk about AC21.

[har_rai]

GC marriage

Hi:
Thanks for the reply. I can not apply 485 for my wife until my priority date becomes current.my priority date 2007 july but the way it is going right now I might get 485 approved without my priority date being current if that happens then my wife has go out of the country then how long does she has to wait to come back again. Does she just needs to get dependant greencard at american consulate in India, like the way she did for H4.

Thanks

[DMX17]

In all likelihood, your PD must be current for your I-485 to be approved. You are in line but no way ahead of people in similar EB category/chargeability who have PD older than you do.

Next time when your PD becomes current and your spouse is here on H4, you can apply for her I-485 based on your PD being current.