Can I apply NIW now?

shankyyy

Registered Users (C)
All,

I was on H-1 and was laid-off last month. My spouse found a job and applied for her H-4 to H-1 PP while I have filed for H-1 to H-4. Case still pending; my spouse has recd RFE. May get approved in August

- Can I apply NIW I-140 before Jul 31 (and I-485 before Aug 17), i.e., when my H-1 to H-4 is pending? If so, what happens in the worst case if my spouse's H-1 (and my H-4) gets denied before filing for I-485? Can I stay here legally due to the pending I-140?
Thanks.

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shankyyy
 
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