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Beemar
11-04-2007, 10:08 PM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

rajuram
11-04-2007, 10:19 PM
I don't think that is possible......unless you filed it and it got returned...



Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

sundarraj61
11-04-2007, 11:39 PM
I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

-sundar

Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

gc_chahiye
11-05-2007, 12:26 AM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.

mrane1
11-05-2007, 03:32 AM
I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

-sundar

Unfortunately it will be a long wait, unless your PD is 2003 or prior... I doubt there will be another July type fiasco... However, with USCIS you can never predict... so no harm in hoping... But be prepared for long haul!

gconmymind
11-05-2007, 04:50 AM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...

BMS1
11-05-2007, 09:32 AM
Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.

dealsnet
11-05-2007, 11:49 AM
Your I-485 filing without the dependants is unfortunate. This senario, you need to be in H1 all the time till your PD is current and they are eligible to apply for I-485. Means you can't work on EAD, it will cancel your H1. Always on H1, otherwisw dependents will be out of status. (BECAUSE THEY ARE NOT IN AOS- your case)


Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

Saving grace - Our H1/H4 are in order with many long years left on them.

Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

JunRN
11-05-2007, 01:32 PM
The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.

The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.

Worse is if they have to go back to your home country and wait from there.

WeShallOvercome
11-05-2007, 01:59 PM
All of you who could not apply for your spouses for any reason and now facing retrogression:

Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.

==============
Example:

Your PD = May 2005 EB2

July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.

You have about 15 days to prepare your spouse's application and also get his/her medicals done.

Send it out on June 30th to be delivered on early morning July 1st 2008.

This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.

==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....

I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..

==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====

JunRN
11-05-2007, 05:31 PM
Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.

Thanks!

gchopes
11-05-2007, 08:37 PM
What happens if primary 485 gets approved and spouse 485 not filed due to PD not being current or the primary missed the short time given to file spouse 485?

JunRN
11-05-2007, 09:26 PM
I guess one option is "follow-to-join". Go back to home country and apply for follow to join.

But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.

looivy
11-05-2007, 09:42 PM
My lawyer had said that as long as you were married before the primary applicant's I-485 was approved, the spouse can be added even after the approval.

I don't understand about going to home country and coming back? PLease explain.

JunRN
11-05-2007, 09:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.

However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.