can my wife apply H-1 after my 140 approved?

[teene]

Does anyone ever try to apply H-1 with an approved 140 and pending 485?

Our first EAD was approved in March, 2003 and the second EAD was approved in April 2004. We submitted our EAD renewal application half a year in advance but still didn't get it in time. My company renewed my H-1 when my 140 was still pending so that I won't be out of status if my EAD renewal gets delayed. My 140 was approved after my company submitted my H-1 renewal application.

My wife just received a job offer. Our 485 is still pending. Since I am the primary applicant for our green card, she only has a 485 application. Can she apply for H-1 at this stage?

I don't expect CIS to approve our case within the next year. Having a H-1 definitely will save lots of hassle.

 

[ginnu]

Does anyone ever try to apply H-1 with an approved 140 and pending 485?
------YES
Our first EAD was approved in March, 2003 and the second EAD was approved in April 2004. We submitted our EAD renewal application half a year in advance but still didn't get it in time. My company renewed my H-1 when my 140 was still pending so that I won't be out of status if my EAD renewal gets delayed. My 140 was approved after my company submitted my H-1 renewal application.

My wife just received a job offer. Our 485 is still pending. Since I am the primary applicant for our green card, she only has a 485 application. Can she apply for H-1 at this stage?
---YES she can, if she has valid H4 then she need to file Change of status from H4 to H1, but she will be able to start working ONLY after COS is approved, why cant she get EAD, she can use EAD for work, if she uses her EAD no affect on Primary H1 status if you keep on extending YOUR H1 and maintain H1 status But if YOU use EAD then she is not on H4 status
I don't expect CIS to approve our case within the next year. Having a H-1 definitely will save lots of hassle.

 

[teene]

Thank you for the reply, Ginnu. I forgot to mention that my wife is currently in F-1 status. The reason that I want my wife to appy for H-1B is to have a backup in case something happens. But I just don't know at this stage, if she can still apply for H-1B visa, given that we both have respective pending 485 cases at USCIS.

On the other hand, will her application of H-1B affect the processing of my or her pending 485 case?

 

[ginnu]

Thank you for the reply, Ginnu. I forgot to mention that my wife is currently in F-1 status. The reason that I want my wife to appy for H-1B is to have a backup in case something happens. But I just don't know at this stage, if she can still apply for H-1B visa, given that we both have respective pending 485 cases at USCIS.
----- I dont post any answer related to F1, others will guide you
On the other hand, will her application of H-1B affect the processing of my or her pending 485 case?