Employment Based Green Cards Approved for Derivatives Whose Prior Attorney Had Failed to Timely Extend H-4 Status

Our firm recently received green card approvals for the principal alien and derivative spouse and children based upon approval of a Labor Certification Application. Our firm had been retained following approval of the Labor Certification to complete the I-140 and I-485 processing. The derivative family members had failed to timely file an extension of H-4 status. Untimely requests for extension of H-4 status were filed with the Immigration Service and the late H-4 extension of status requests were granted. In filing the I-485 applications we pointed out to the Immigratino Service that the approval of the untimely filed H-4 extensions effectively caused the derivative spouse and children to maintain a continuously lawful status since entry into the United States making them eligible for adjustment of status under Section 245(a) of the Immigration & Nationality Act. Upon the priority date of the Labor Certification becoming current the green card applications of all family members were approved.

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