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Applying for I-485

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  • Applying for I-485

    Both myself and my wife are on H1B visas. My wife's priority date makes her eligible to file the I-485 on Oct 1, 2015. However my H1B extension petition is pending decision and my I-94 expired on Sep 12, 2015. Since I filed my H1B extension in premium, I am hoping to get a decision or an RFE iby this week.

    1. Can I also file for I-485 as my wife's dependent on Oct 1, 2015?
    2. If I get an RFE for my H1B extension, can I still file for I-485 on Oct 1, 2015 or will I be considered out-of-status?
    3. If I also file for I-485 on Oct 1, 2015 and my H1B extension is denied, can I continue to stay in US with my family?

    Thanks in advance.
    Last edited by piya; 09-14-2015, 03:17 PM.

  • #2
    1. Can I also file for I-485 as my wife's dependent on Oct 1, 2015?
    >>> Yes.

    2. If I get an RFE for my H1B extension, can I still file for I-485 on Oct 1, 2015 or will I be considered out-of-status?
    >>> You will not be considered to be out of status. You can still file I-485.

    3. If I also file for I-485 on Oct 1, 2015 and my H1B extension is denied, can I continue to stay in US with my family?
    >>> Possible if adjustment of status is filed.
    Not a legal advice. Use of this information is strictly at your own risk.

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