Change my wife's Visa from H1 to H4 before EAD

P

Peterl

Registered Users (C)
My labor certificate will be approved by the end of this year and hopefully my wife and I will get our EAD by March next year.

My question is:
My Wife will lose her job in a couple of weeks. She has been on H1 visa. If we get her a H4 visa now, what are the implications to our EAD application. From timing perspecitive, will this status change cause any problems to our EAD?


Please advise.
Thank you.
 
No

The main thing until you (and your spouse) do is to maintain status until y'all receive I485 receipt. Switching to H4 is a smart move. Even if the H4 is pending when you apply for 485/EAD, it will not pose any problem, however just to be cleaner, people always wait for approval of any change of status before applying for 485.
This status change will not cause any problems to EAD approval.
 
Hi Jaxen,

Thanks for the reply. A couple of follow-up questions.

1. We filed from San Francisco. Immigration.com shows that there is only 1 day needed for the work authorization approval after file 485. Does that mean that we can get status right away?

2. From your reply, it sounds like that as long as we got I485 receipt we should be fine, without going through all the hassles of H4. Is that right? How long does it take to get this receipt?


Thanks a lot...
P
 
1 day??
Status is not determined by EAD. Status is determined by a pending 485. Although it takes a month or so in most service centers to get the receipts, the receipt date is generally effective from within a week of sending the 485 package to the service center.
You can cut some waiting time by preparing the documents to file for 485- Birth certificate, medicals etc.
 
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