BladeRunner
Registered Users (C)
My wife\'s H1 to H4 change of status application is pending with INS. Can I file 485 without waiting for the approval?
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Can I file 485 while wife\'s H1 to H4 change of status pending?
- Thread starter BladeRunner
- Start date
BladeRunner
Registered Users (C)
Does anyone has opinion on this?
U can...
And after receiving I485 receipt notice, you can file withdrawal of H4. Since adjsutment filing and H4 are kind of non -interfering status, she is fine. It will be better to file for AP too along with 485 just in case.
My guess is even if she gets her H4 approval after 485 filing, it does not affect the H4 filing.
You can claim her current status as H1 and can indicate that H1to h4 COS has been applied. If you have a receipt, you can attach it along with the 485 app. Make your lawyer and employer agree to this strategy before proceeding.
And after receiving I485 receipt notice, you can file withdrawal of H4. Since adjsutment filing and H4 are kind of non -interfering status, she is fine. It will be better to file for AP too along with 485 just in case.
My guess is even if she gets her H4 approval after 485 filing, it does not affect the H4 filing.
You can claim her current status as H1 and can indicate that H1to h4 COS has been applied. If you have a receipt, you can attach it along with the 485 app. Make your lawyer and employer agree to this strategy before proceeding.
BladeRunner
Registered Users (C)
Thanks Jaxen but......
the problem is we want to file for H4 becuase she has been out of status for long .... She was on H1 (that is what is the last action that INS has on file for her) but without job for long (actually she never used H1 as she did not find a job) but the silver lining is we have H4 also expiring sometime in 2003.
In this scenario also will it be possible to file for H4 and then AOS?
the problem is we want to file for H4 becuase she has been out of status for long .... She was on H1 (that is what is the last action that INS has on file for her) but without job for long (actually she never used H1 as she did not find a job) but the silver lining is we have H4 also expiring sometime in 2003.
In this scenario also will it be possible to file for H4 and then AOS?
OK I guess...
However to give a good and quick fix, she can go out (to like Canada) and come back in H4. Now she will be in H4 and you don\'t have to wait for 3-6 months. Sending her 485 app might still be possible while H4 is pending, but it is better to take a firm step then a quick one.
However to give a good and quick fix, she can go out (to like Canada) and come back in H4. Now she will be in H4 and you don\'t have to wait for 3-6 months. Sending her 485 app might still be possible while H4 is pending, but it is better to take a firm step then a quick one.