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wife's 485 filed after husband's 485 got approved

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  • wife's 485 filed after husband's 485 got approved

    Here is a timeline of events that happened:
    - Went to Nepal to get married in March while I was on H1B. My 485 was pending waiting for an RFE to be submitted before April 02.
    - Returned back with wife on Mar 23. She came on H4.
    - Mar 26, I sent the response to my 485 RFE.
    - Apr 01, my 485 was approved.
    - Apr 05, shipped wife's 485 employment based petition.

    As I understand USCIS should receive wife's 485 application before my 485 gets approved. So, I'm guessing H4 is now cancelled. I know that there is a grace period of 60 days for H1B and H4.
    Is there a chance that USCIS will give us a receipt within 60 days of Apr 01?
    Or can't we use that grace period and wife has to go back to Nepal for Consular Processing?

  • #2
    There is no "grace period". Once you became a permanent resident, you immediately lost H1b status, and your wife immediately lost H4 status. However, she can file I-485 in an employment-based category as long as she hasn't been out of status or illegally working for 180 days since her most recent admission.

    This is my personal opinion and is not to be construed as legal advice.