485 filed/ converting from h1- h4 doubts and confused big time

[sprint2004]

I filed mine (principal applicant) and my spouse's 485 on July 2nd 2007. Both of us are on H1B. My wife has resigned from her job and her last date is August 31 2007. She is still trying to look for other opportunities and hoping to find employment before August end so that she can do a H1b- h1b transfer. Questions

1) Since we have filed our 485, does she still need to convert to H4 dependant visa? If not then will she be considered out of status and could this jeopardize our gc case?

2) If yes, when should I plan on filing her h4 such that her current h1 (valid till August end ) does not get jeopardized in case she does find employment before then?

3) When her h4 will be filed, is it correct to state once USCIS receives her applicatin she is then considered h4 and in status (or) do we have to wait to get some kind of confirmation from them and only after then she is on h4?

4) How will USCIS view our case after August 31, ie. when application was filed she was employmed but after august 31 (incase she doesn't find employement) she is on h4? Any complications?

Any help would be appreciated!

Thanks,

Thanks,

 

[number30]

I filed mine (principal applicant) and my spouse's 485 on July 2nd 2007. Both of us are on H1B. My wife has resigned from her job and her last date is August 31 2007. She is still trying to look for other opportunities and hoping to find employment before August end so that she can do a H1b- h1b transfer. Questions

1) Since we have filed our 485, does she still need to convert to H4 dependant visa? If not then will she be considered out of status and could this jeopardize our gc case?

2) If yes, when should I plan on filing her h4 such that her current h1 (valid till August end ) does not get jeopardized in case she does find employment before then?

3) When her h4 will be filed, is it correct to state once USCIS receives her applicatin she is then considered h4 and in status (or) do we have to wait to get some kind of confirmation from them and only after then she is on h4?

4) How will USCIS view our case after August 31, ie. when application was filed she was employmed but after august 31 (incase she doesn't find employement) she is on h4? Any complications?

Any help would be appreciated!

Thanks,

Thanks,

As long as she files I-485 before the end date of H1 she is fine. She can work only after EAD approval or H1 transfer. No need of fileing H4. Even though Aug 31 is last date She can apply H1 transfer within a month with last payslip.

 

[desi_munda]

I filed mine (principal applicant) and my spouse's 485 on July 2nd 2007. Both of us are on H1B. My wife has resigned from her job and her last date is August 31 2007. She is still trying to look for other opportunities and hoping to find employment before August end so that she can do a H1b- h1b transfer. Questions

1) Since we have filed our 485, does she still need to convert to H4 dependant visa? If not then will she be considered out of status and could this jeopardize our gc case
------ Better to file for H-1(if she wants to work) or H-4. Anyway since you have already filed 485 it will not jeopardize your gc case even if you dont file.

2) If yes, when should I plan on filing her h4 such that her current h1 (valid till August end ) does not get jeopardized in case she does find employment before then?
------ better to file H-4 or H-1 if incase your petition for 485 gets rejected she will be maintaining her non-immigrant status. If she uses EAD or AP and your case gets rejected than she has to leave US and again re-enter.

3) When her h4 will be filed, is it correct to state once USCIS receives her applicatin she is then considered h4 and in status (or) do we have to wait to get some kind of confirmation from them and only after then she is on h4?

----- file her H-4 before expiration of her H-1. Once she receives the receipt for H4 she will consider in status as non-immigrant.

4) How will USCIS view our case after August 31, ie. when application was filed she was employmed but after august 31 (incase she doesn't find employement) she is on h4? Any complications?

Any help would be appreciated!

Thanks,

Thanks,

------- I am not a lawyer. I got this information by reading different forum on this website. Consult a lawyer for further information.