Changing H4 to H1 for my wife after I485 is sent

A

amaitra

New Member
Situation:----
I have applied for I140 under EB1 ("Outstanding Researcher Category) on September 10th, 2003. It has been over six months. However, my I140 is still pending at Texas Center. My wife's is presently in H4 and is trying to get a job wherein the company will sponsor her H1.

I am also thinking of applying for I485 and EAD for my wife (who is presently in H4).

Questions: ----

(*) How long does it take to get EAD (for my wife) ?

(*) Can my wife accept a job wherein the company is ready to process her H1 after I have send my I485 and her EAD application to INS?
 
8 CFR Part 245

(i) H¨C1 classification. An alien may legitimately come to the United States for a temporary period as
an H¨C1 nonimmigrant and, at the same time, lawfully seek to become a permanent resident of the United States
provided he or she intends to depart voluntarily at the end of his or her authorized stay. The filing of an application for or approval of a permanent labor certification, an immigrant visa preference petition, or the filing of an application for
adjustment of status for an H¨C1 nonimmigrant shall not be a basis for denying:
(A) An H¨C1 petition,
(B) A request to extend an H¨C1 petition,
(C) The H¨C1 alien¡¯s application (and that of their dependent family members) for change of status to a different H¨C1
or L classification, or a dependent of an H¨C1 of L nonimmigrant, or
(E) The H¨C1 alien¡¯s application for extension of stay, (and that of their dependent family members).
 
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