change of status during 485?

[retro_hell]

My wife (currently on H4) just got an approved I797 for H1B starting 10/1/2007. She is NOT planning on working in October 2007 and wishes to retain her H4 status.

I am applying for 485 in july 2007.

1. Can I state that my wife is still on H4 in AOS application?
2. Does my wife need to apply for a change of status from H1B to H4 even though she is not planning on taking on work in October 2007?

 

[retro_hell]

change of status during 485

response from an imm. attorney

Once H1B gets approved the status will change to H1B as of 10/1/2007. The requirement then-on would be generate continous pay to maintain valid status.

Anybody in a similar situation of trying to change status of spouse from H1 - H4 for H1s approved in Oct 2007?

My wife (currently on H4) just got an approved I797 for H1B starting 10/1/2007. She is NOT planning on working in October 2007 and wishes to retain her H4 status.

I am applying for 485 in july 2007.

1. Can I state that my wife is still on H4 in AOS application?
2. Does my wife need to apply for a change of status from H1B to H4 even though she is not planning on taking on work in October 2007?

 

[vanava]

Same situation

I am also exactly in same situation. How can my wife get back to H4 status and work on EAD rather than on H1 ? Does she have to file for change of status again ?