Change H4 to H1 while I485 is pending with INS

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waitfor140

Registered Users (C)
I am in H1 visa and my company sponsored Green card petition (I140 and I485) is pending with INS. My wife is in H4 and she is working with Employment authorization card (her I485 is pending with INS). I am not sure whether there is any problem for her to change her status to H1? Thanks for your help.
 
waitfor140 said:
I am in H1 visa and my company sponsored Green card petition (I140 and I485) is pending with INS. My wife is in H4 and she is working with Employment authorization card (her I485 is pending with INS). I am not sure whether there is any problem for her to change her status to H1? Thanks for your help.
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I think your wife is currently using EAD and that she entered USA on H4 visa. Also that she wants to get on H1b status.

If that be the case then she should go out of USA with her H1b notice, get H1b stamped and re-enter USA to be on H1b visa.
 
I dont see any problem for her to keep continue working on EAD, since already they have filed their AOS. H1B visa or stamp is not really required and she can continue working on EAD itself.

Want GC Soon :)
 
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